HF 1891

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am

A bill for an act
relating to state government; requiring state agencies to develop policies
regarding telecommuting by state employees; requiring a report.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin DEFINITIONS.
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new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 1 to 5, the following terms have
the meanings given them.
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new text begin Subd. 2. new text end

new text begin Agency. new text end

new text begin "Agency" means any board, commission, authority, department,
entity, or organization of the executive branch of state government.
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new text begin Subd. 3. new text end

new text begin Alternate work location. new text end

new text begin "Alternate work location" means a worksite
other than a central workplace, including an employee's home, where official state
business is conducted.
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new text begin Subd. 4. new text end

new text begin Central workplace. new text end

new text begin "Central workplace" means an assigned place of
work or duty station owned and operated by the state that is the primary workstation
for employees.
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new text begin Subd. 5. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Finance.
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new text begin Subd. 6. new text end

new text begin Telework. new text end

new text begin "Telework" means a work arrangement in which supervisors
direct or permit employees to perform their regular job duties at an alternative work
location for a specified number of days per week.
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new text begin Subd. 7. new text end

new text begin Telework agreement. new text end

new text begin "Telework agreement" means a written agreement
between an employer and employee that contains the terms and conditions of an
employee's work at an alternative work location.
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new text begin Subd. 8. new text end

new text begin Work schedule. new text end

new text begin "Work schedule" means an employee's hours of work in a
central workplace or alternate work location.
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Sec. 2. new text begin AGENCY TELEWORK RESPONSIBILITIES.
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new text begin Subdivision 1. new text end

new text begin Telework committees; report. new text end

new text begin Each state agency shall organize a
telework committee composed of representatives of management and nonmanagement
employees from all parts of the agency, including exclusive representatives of agency
employees. Each telework committee shall, by November 1, 2010, submit a draft telework
proposal to the agency executive director, board, or commission that contains, at a
minimum, the following elements:
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new text begin (1) goals and scope of an agencywide telework program;
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new text begin (2) how telework will benefit the agency;
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new text begin (3) work tasks that are appropriate and inappropriate for telework;
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new text begin (4) a selection process for teleworkers;
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new text begin (5) how teleworkers will communicate with supervisors;
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new text begin (6) how employees will be supervised; and
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new text begin (7) how a telework program will be evaluated.
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new text begin Subd. 2. new text end

new text begin Review; telework policy. new text end

new text begin An agency executive director, board, or
commission must review and approve, reject, or modify the draft telework proposal. A
telework policy document, incorporating the comments of the executive director, board,
or commission on the draft proposal, must be submitted to the department by the agency
by January 1, 2010.
new text end

Sec. 3. new text begin DEPARTMENT OF FINANCE TELEWORK RESPONSIBILITIES.
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new text begin Subdivision 1. new text end

new text begin Policy development. new text end

new text begin The department must develop telework policies
that will apply to all state agencies, including, at a minimum:
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new text begin (1) teleworker equipment and software needs, and how costs should be allocated
between agencies and employees;
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new text begin (2) liability issues;
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new text begin (3) procedures regarding a teleworker's working on restricted-access materials at an
alternate work location, and how confidentiality of data and security can be maintained;
and
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new text begin (4) training for telework employees and supervisors of telework employees.
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new text begin Subd. 2. new text end

new text begin Telework agreement. new text end

new text begin The department must develop a sample telework
agreement form that each telework employee and that employee's supervisor must sign.
A telework agreement must address the following issues:
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new text begin (1) the work schedule, and procedures for changing it;
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new text begin (2) equipment and supplies that a telework employee will use, and who is responsible
for maintaining them;
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new text begin (3) elements of the policies developed under subdivision 1; and
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new text begin (4) other elements as determined by the department.
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Sec. 4. new text begin EXISTING AGREEMENTS.
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new text begin Nothing in the policies developed under sections 2 and 3 abrogates rights provided
under a collective bargaining agreement.
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Sec. 5. new text begin REPORT.
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new text begin By March 1, 2010, the department shall submit a report to the chairs and ranking
minority members of the senate and house of representatives committees with primary
jurisdiction over state government operations, telecommunications policy, and workforce
development policy containing a summary of the agency telework policies submitted
under section 2 and the policies developed by the department under section 3.
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Sec. 6. new text begin EFFECTIVE DATE.
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new text begin Sections 1 to 5 are effective the day following final enactment.
new text end