SB3371

SECTION 1. The legislature finds that the coronavirus disease 2019 pandemic led to the widespread use of telework. The legislature notes that upgrades in technology have made it possible for more people to telework, and the department of human resources development is currently in the process of adopting a teleworking framework for the State's executive branch agencies. The legislature further finds that annual data on telework adoption and usage in the State should be provided to help guide future legislation, policy recommendations, and decision-making relating to teleworking in the State.

Accordingly, the purpose of this Act is to:

(1) Require the department of human resources development to:

(A) Submit an annual report to the legislature on the telework policies of the executive branch and various metrics on the adoption, usage, and productivity of teleworking by each department within the executive branch;

(B) Purchase and implement a pilot telework monitoring system to assess the productivity of telework employees within up to three state departments or portions of departments; and

(C) Also apply the pilot telework monitoring system to in-office employees in the selected departments to compare the productivity levels of in-office versus teleworking employees; and

(2) Appropriate moneys to develop, implement, and administer the pilot telework monitoring system and establish two full-time equivalent positions.

SECTION 2. Chapter 76, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§76- Executive branch; telework; policies; metrics; annual report. (a) The department of human resources development shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the telework policies of the executive branch and various metrics on the adoption, usage, and productivity of teleworking by each department in the executive branch, including, at a minimum:

(1) A summary of telework usage for each agency;

(2) The number of employees that are authorized to telework in relation to the total number of employees in each agency;

(3) The number of hours that the employees spent teleworking;

(4) The number of employees in each department with positions that could effectively telework;

(5) The number of requests that each department received to telework;

(6) The number of requests to telework that each agency approved and denied;

(7) The number of grievances that were filed due to a denied request to telework;

(8) The outcomes of any grievances filed;

(9) An assessment of the productivity of telework employees, based on data from a telework monitoring system;

(10) An analysis of computer programs currently available to departments, or that can be easily acquired by expanding existing software suites, that can be used to track telework employees' progress and performances on deliverables and tasks;

(11) The number of employees in each department that had their telework privileges revoked due to performance or behavioral issues; and

(12) Any other relevant teleworking metrics that would help inform future legislation, policy recommendations, and decision-making regarding teleworking in the State.

The report may also contain other findings and recommendations, including any proposed legislation.

(b) The department of human resources development shall consult with all appropriate departments and agencies to obtain the necessary data or information to complete the annual report. All state departments and agencies shall share data and information with the department of human resources development to support the implementation of this section."

SECTION 3. (a) The department of human resources development shall purchase and implement a pilot telework monitoring system to assess the productivity of telework employees within up to three state departments, or portions of departments, selected by the director of human resources development. The telework monitoring system shall be awarded on a National Association of State Procurement Officials cloud and shall include:

(1) Customizable dashboards to monitor employee deliverables, task progress, and performance;

(2) Benchmark indicators for supervisors and employees to see whether an employee is meeting the requirements to continue to telework;

(3) Integrated training and support for managers who supervise teleworking employees on use of the telework monitoring systems and strategies for using the telework monitoring system to better manage employees' deliverables and tasks;

(4) Integrated training and support for employees on use of the telework and in-person monitoring system; and

(5) A contract for scheduled maintenance services.

(b) The pilot telework monitoring system shall also include a component that can be applied to in-office employees in the selected departments to track productivity levels of in‑office employees to serve as a productivity baseline statistic when measuring the productivity of teleworking employees.

SECTION 4. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the needs provided for by this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $3,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 to develop, implement, and administer the pilot telework monitoring system, including testing and reporting.

The sum appropriated shall be expended by the department of human resources development for the purposes of this Act; provided that the appropriation made by this section shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided further that all moneys from the appropriation unencumbered as of June 30, 2026, shall lapse as of that date.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $180,000 or so much thereof as may be necessary for fiscal year 2024-2025 to establish two full-time equivalent positions as follows:

(1) One full-time equivalent (1.0 FTE) staff position to assist work with a pilot program developer and executive branch departments to gather information and develop, implement, and administer the pilot telework monitoring system; and

(2) One full-time equivalent position to serve as the statewide telework coordinator; provided that the position's duties shall include:

(A) Drafting the annual report required by section 2 of this Act;

(B) Enhancing training for employees and supervisors to effectively manage teleworking and hybrid employees' progress and performance on meeting required tasks; and

The sum appropriated shall be expended by the department of human resources development for the purposes of this Act.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3371
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII