Senator Daniel McCay proposes the following substitute bill:





Chief Sponsor: Daniel McCay

House Sponsor: Mike Winder


9     General Description:
10          This bill enacts reporting and other requirements for the Department of Human
11     Resource Management (DHRM) related to teleworking by state employees.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     requires DHRM to:
16               •     cooperate with state agencies to provide and measure teleworking options for
17     state employees during bad air quality days and other certain days; and
18               •     provide an annual written report regarding teleworking by state employees
19     during bad air quality days and other certain days; and
20          ▸     requires the Governor's Office of Management and Budget to notify state agencies
21     of mandatory action days for air quality and special circumstance days to encourage
22     teleworking by eligible employees.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          None
27     Utah Code Sections Affected:
28     ENACTS:
29          67-19-46, Utah Code Annotated 1953

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 67-19-46 is enacted to read:
33          67-19-46. Teleworking progress report.
34          (1) As used in this section:
35          (a) "Mandatory action day" means a day where notice has been issued at least 48 hours
36     in advance by the director of the Division of Air Quality that the concentration of air pollutants
37     measured in a county are predicted to reach or exceed levels of air pollution that are unhealthy
38     for sensitive groups.
39          (b) "Special circumstance day" means a day where predicted heavy snowfall or other
40     situations pose a risk to employee safety or employee health as determined at least 24 hours in
41     advance by the Governor's Office of Management and Budget.
42          (c) "Surge teleworking" means an employee who temporarily teleworks on a
43     mandatory action day or a special circumstance day.
44          (d) "Surge telework eligible" means all employment positions identified as telework
45     eligible and employment positions identified as able to telework temporarily for mandatory
46     action days or special circumstance days.
47          (e) "Teleworking" means an employee working from home through the use of a
48     computer, the Internet, a telephone, or other technology to complete work-related duties and
49     maintain contact with colleagues, clients, or a central office as needed.
50          (2) (a) The department shall assist each state agency with identifying positions that are
51     surge telework eligible.
52          (b) The department may identify and distribute to each state agency strategies and best
53     practices to increase the use of teleworking by the agency's employees during mandatory action
54     days and special circumstance days.
55          (3) The Governor's Office of Management and Budget shall inform each state agency
56     in a timely manner of mandatory action days and special circumstance days.

57          (4) On or before October 1 of each year, the department shall provide a written report
58     to the Economic Development and Workforce Services Interim Committee describing:
59          (a) the number of employees and the percentage of employees from each agency that
60     are identified as telework eligible and surge telework eligible;
61          (b) except for the initial written report on or before October 1, 2021, the number of
62     employees and the percentage of employees from each agency that have teleworked during
63     mandatory action days and special circumstance days during the previous fiscal year;
64          (c) for each agency that has not met the target goal of 90% of surge telework eligible
65     employees teleworking on mandatory action days or special circumstance days, impediments to
66     achieving the target goals and recommended strategies to achieve the target goals in the future;
67     and
68          (d) for each agency, recommendations for any actions by the Legislature to increase the
69     number and percentage of surge telework eligible employees.