SENATE BILL 546

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Cliff R. Pirtle and Gabriel Ramos

AN ACT

RELATING TO PROCUREMENT; REQUIRING CERTAIN CONTRACTORS TO USE VERIFICATION SOFTWARE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Procurement Code is enacted to read:

     "[NEW MATERIAL] CONTRACTS REQUIRING VERIFICATION

SOFTWARE--SOFTWARE SPECIFICATIONS--RETENTION OF DATA.--

          A. A contract with a state agency for more than one hundred thousand dollars ($100,000) that includes professional or technical services to be performed using a computer and paid by the hour shall require the contractor to use software that verifies hours billed for the work performed on the computer pursuant to that contract.

          B. The software required pursuant to Subsection A of this section shall:

                (1) permit the contracting agency or an auditor of the agency to have real-time and retroactive access to data collected or provided by the software to verify the hours of work performed on the computer pursuant to the contract;

                (2) automatically track total keystroke and mouse event frequency and make that information available to the contracting agency or an auditor on behalf of that agency in real time;

                (3) automatically take a screenshot of the state-funded activity at least once every three minutes and make the screenshot available to the contracting agency or an auditor on behalf of that agency in real time;

                (4) allow the contracting agency or an auditor of the agency to obtain an automated progressive status of the real-time cost for each task being performed pursuant to the contract;

                (5) allow the agency to provide immediate feedback to the contractor on the progress of the work being performed on the computer under the contract;

                (6) protect all data that is private or confidential on the contractor or other individuals in a manner that is consistent with state law; and

                (7) be procured by the contractor from an independent entity.

          C. The data collected by the software required pursuant to this section shall be considered accounting records owned by the contractor. However, the contractor shall retain or provide for the retention of the data for at least seven years and shall provide the contracting agency or an auditor of the agency access to the data upon request and free of charge.

          D. A contract with a state agency for more than one hundred thousand dollars ($100,000) that includes professional or technical services to be performed using a computer and paid by the hour shall include a provision that the contracting state agency shall not pay for hours worked on a computer unless those hours are verified by the software required pursuant to this section.

          E. The department of finance and administration shall adopt rules to implement this section."

     SECTION 2. APPLICABILITY.--The provisions of this act apply to all contracts entered into by state agencies on or after July 1, 2019.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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