SENATE BILL NO. 431

INTRODUCED BY V. COCCHIARELLA

A BILL FOR AN ACT ENTITLED: "AN ACT PROMOTING TELECOMMUTING FOR EMPLOYEES OF ALL BRANCHES OF STATE GOVERNMENT; REQUIRING STATE AGENCIES TO ADOPT AND POST POLICIES ON TELECOMMUTING; AND REQUIRING A REPORT TO THE LEGISLATURE."

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

NEW SECTION. Section 1. Telecommuting -- definitions -- policies -- report. (1) As used in this section, the following terms apply:

(a) "State agency" means any state office, department, division, bureau, board, or commission in the executive, judicial, or legislative branch.

(b) "Telecommute" means to work from an employee's home or from an office near an employee's home, rather than from a principal place of employment.

(2) It is the policy of the state of Montana to encourage state agencies to allow employees to telecommute when there is an opportunity for improved employee performance, reduction in miles commuted, or state agency savings.

(3) Each state agency shall adopt a written policy that:

(a) defines specific criteria and procedures for telecommuting;

(b) must be applied consistently throughout the state agency; and

(c) requires the state agency, in exercising its discretion, to consider an employee request to telecommute in relation to the state agency's operational and customer needs.

(4) Each state agency that has an electronic bulletin board, home page, or similar means of electronic communication shall post the policy adopted under subsection (3) on the bulletin board, home page, or similar electronic communication site.

(5) The department of administration, in consultation with the department of environmental quality, shall provide a biennial report to the legislature on telecommuting in each state agency, containing the following:

(a) the number of employees telecommuting;

(b) the number of trips, miles, and hours of travel time saved annually;

(c) a summary of efforts made by the state agency to promote and encourage telecommuting;

(d) an evaluation of the effectiveness of efforts to encourage employees to telecommute; and

(e) any other matters that may be requested by the legislature.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 2, and the provisions of Title 2 apply to [section 1].

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