HF 3726

as introduced - 86th Legislature (2009 - 2010) Posted on 03/22/2010 09:44am

A bill for an act
relating to state government; establishing statewide telework requirements;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 43A.

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

Section 1.

new text begin [43A.188] TELEWORK.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "telework" means work
activity in which an employee, whether regularly or occasionally, performs the duties
and responsibilities of the employee's position from home or a worksite other than the
employee's regular physical place of employment.
new text end

new text begin Subd. 2. new text end

new text begin Statewide telework authorization. new text end

new text begin (a) An appointing authority in the
executive branch, legislative branch, or judicial branch shall allow employees to perform
telework during at least 20 percent of the employee's normal expected hours of work
in each pay period.
new text end

new text begin (b) The telework requirement under this section does not apply to a position:
new text end

new text begin (1) which by its nature requires the employee's physical presence at the employee's
regular place of employment or at a particular location;
new text end

new text begin (2) for which telework would diminish employee performance or adversely impact
the operations of the agency; and
new text end

new text begin (3) for which telework would manifestly not be practicable.
new text end

new text begin (c) For an employee whose position includes both (1) duties and responsibilities as
identified under paragraph (b), and (2) duties and responsibilities not identified under
paragraph (b), the normal expected hours of work under paragraph (a) must be calculated
solely based on the total expected hours of work necessary to perform the duties and
responsibilities not identified under paragraph (b).
new text end

new text begin (d) Nothing in this section establishes a requirement that an agency equip or
otherwise provide infrastructure to enable an employee to perform telework, including, but
not limited to, information technology procurement or reimbursement for Internet access.
new text end

new text begin Subd. 3. new text end

new text begin Telework policy. new text end

new text begin An appointing authority may establish a telework
policy, which may include specification of positions, duties, and responsibilities to which
telework does not apply under subdivision 2, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 2. new text begin APPROPRIATION; TELEWORK REPORT.
new text end

new text begin (a) $200,000 is appropriated in fiscal year 2010 from the trunk highway fund to the
commissioner of transportation for a grant to the Board of Regents of the University of
Minnesota for the Hubert H. Humphrey Institute of Public Affairs to produce a report on
highway congestion reduction through telework activities. This is a onetime appropriation
and is available in fiscal years 2010 through 2012.
new text end

new text begin (b) The commissioner shall submit the report to the chairs and ranking minority
members of the legislative committees with jurisdiction over transportation policy and
finance. The commissioner shall submit a preliminary draft by January 15, 2012, and
a final report by June 30, 2012.
new text end

new text begin (c) At a minimum, the report must:
new text end

new text begin (1) document reductions in the number of commuting trips and vehicle miles
traveled, and other transportation impacts, resulting from telework activity of all state
employees;
new text end

new text begin (2) identify barriers to increasing the number of employees who telework; and
new text end

new text begin (3) estimate the benefits accruing from increased telework activities, including, but
not limited to, reductions in highway congestion.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end