Agenda Item 16
October 26,2010
Public Hearing
MEMORANDUM
TO:
County Council
FROM:
SUBJECT:
Robert H. Drummer, Senior Legislative Attorney
~
Public Hearing:
Bill 49-10, Personnel and Human Resources - Organ Donor
Leave
Bill 49-10, Personnel and Human Resources - Organ Donor Leave, sponsored by
Councilmember Knapp and Vice President Ervin, was introduced on September 28, 2010. A
Management and Fiscal Policy Committee worksession is tentatively scheduled for November
22.
The Bill would grant County employees additional paid leave to serve as an organ donor.
An
employee would be entitled to receive up to 7 days to serve as a bone marrow donor and up
to 30 days to serve as an organ donor. Donating bone marrow or an organ is a personal sacrifice
that can save a life. There is a shortage of bone marrow and organ donors. This Bill would
make it easier for a County employee to serve as an organ donor.
In 2000, the General Assembly enacted a similar law providing organ donor leave for
State government employees, now codified at Md. Code State Personnel and Pensions Art. §9­
1106. See ©4. The Organ Donor Leave Act, enacted in 1999, provides additional leave for a
Federal government employee who serves as an organ donor. President Clinton's statement on
signing the law is at ©5.
This packet contains:
Expedited Bi1149-1 0
Legislative Request Report
Md. Code SPP Art. §9-11 06
President Clinton's Statement
Circle #
1
3
4
5
F:\LAW\BILLS\1049 Organ Donor\Public Hearing Memo.Doc
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Bill No.
49-10
Concerning: Personnel
and
Human
Resources - Organ Donor Leave
Revised: October 5,2010
Draft No. ::.2_--::-_ _
~~
_ _ __
Introduced:
October 5,2010
Expires:
April 5, 2012
Enacted:
[date]
Executive:
[date signed]
Effective:
[date takes effect]
Sunset Date: [date expires]
Ch.
.ltn-,
Laws of Mont. Co.
[year]
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Knapp and Vice President Ervin
AN
ACT to:
(1)
(2)
(2)
permit certain County employees to use leave to serve as a bone marrow donor or
organ donor under certain conditions;
require the Executive to adopt regulations governing the use and approval of organ
donor leave; and
generally amend the law governing leave for County employees.
By adding
Montgomery County Code
Chapter 33, Personnel and Human Resources
Section 33-25
Boldface
Underlining
[Single boldface brackets]
.I:ktlJ.bJe underlining
[[Double boldface bracketsD
* *
*
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act.'
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BILL
No. 49-10
1
Sec. 1. Section 33-25 is added as follows:
33-25. Organ Donor Leave.
ill}
2
3
A full-time or part-time employee may use organ donor leave with
ngy
for:
4
5
ill
ill
(hl
.!ill
to
1
days in any 12-month period to serve as
~
bone marrow
6
7
8
donor; and
.!ill
to 30 days in any 12-month period to serve as an organ donor.
Organ donor leave must be approved by:
9
10
11
ill
ill
W
the Director ofthe employee's Department or Office; or
the Chief Administrative Officer if the employee
supervised
Qy
~
Director.
IS
not
12
13
14
15
Organ donor leave must be granted in addition to any annual leave, sick
leave, personal days, or paid time off that the employee is otherwise
entitled to.
@
The employee must provide medical documentation of the bone marrow
or organ donation before organ donor leave is approved.
16
17
18
ill
The Executive must adopt regulations, under Method
use and approval of organ donor leave.
L
governing the
19
Approved:
20
Nancy Floreen, President, County Council
Date
21
Approved:
22
Isiah Leggett, County Executive
Date
23
24
This is a correct copy o/Council action.
Linda M. Lauer, Clerk of the Council
Date
t\law\bills\1049 oryan donor\bUl2.doc
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LEGISLATIVE REQUEST REPORT
Bill 49-10, Personnel and Human Resources
Organ Donor Leave
DESCRIPTION:
The Bill would grant County employees additional paid leave to
serve as an organ donor. An employee would be entitled to receive
up to 7 days for a bone marrow donor and up to 30 days to serve as
an organ donor.
Donating bone marrow or an organ is a personal sacrifice that can
save a life. There is a shortage of bone marrow and organ donors.
The Bill would make it easier for a County employee to serve as an
organ donor.
Office of Human Resources
To be requested.
To be requested.
To be requested.
The State of Maryland provides this benefit for its employees.
Robert H. Drummer, Senior Legislative Attorney
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None.
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Article - State Personnel and Pensions
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§9-1106.
(a) This section applies to all employees, including temporary employees, of
all units in the Executive, Judicial, and Legislative branches of State government,
including any unit with an independent personnel system.
On request, an employee subject to this section may be entitled to organ
donation leave with pay.
(b)
(c)
(1)
An employee may use:
(i)
up to 7 days of organ donation leave in any 12-month period to
serve as a bone marrow donor; and
(ii) up to 30 days of organ donation leave in any 12-month period to
serve as an organ donor.
(2) An employee may use organ donation leave only after obtaining
approval from the employee's appointing authority.
(d) The Secretary shall adopt regulations governing organ donation leave,
including regulations that establish conditions and procedures for requesting and
approving leave and that require medical documentation of the proposed organ or
bone marrow donation before leave is approved.
[Previous] [Next] [Another Article]
-
1 ­
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William J. Clinton: Statement on Signing the Organ Donor Leave Act - September 24, 1999 Page 1 of 1
rhe_AJneri~a fL~rJ~side"l~y_J!r_Qje.ct
John
T.
Woolley
&
Gerhard Peters· Santa Barbara, California
.tE!turn_tQ original document
• William
J.
Clinton
Statement on Signing the Organ Donor Leave Act
September
24, 1999
Today, I am pleased to sign into law H.R. 457, the "Organ Donor Leave Act," which would enhance the Federal
Government's leadership role in encouraging organ donations by making it easier for Federal employees to become
donors.
Currently, more than 65,000 Americans are awaiting an organ transplant. Last year, almost 5,000 Americans died while
waiting for an organ to become available. This amounts to an average of 13 citizens each day. Many of these deaths could
have been prevented if there were a sufficient supply of donor organs. H.R. 457 is a valuable tool to help address the
needs of Americans waiting for organs by encouraging donations by Federal employees.
In 1997, my Administration launched the National Organ and Tissue Donation Initiative, which included new efforts by the
Federal Government to increase awareness among Federal employees of the need for organ and tissue donation. The
Department of Health and Human Services, in partnership with the Office of Personnel Management, has implemented a
Government-wide campaign to encourage Federal employees to consider organ donation and, as the country's largest
employer, to set the example for the private sector as well as other public organizations.
H.R. 457 builds on my Administration's longstanding commitment to increasing organ donations nationwide. Under current
law, a Federal employee may use up to 7 days of paid leave each year, other than sick leave or annual leave, to serve as
a donor. Recent surveys of doctors and hospitals indicate that the current 7-day limit is clearly insufficient for recovery from
organ donation surgery. This bill increases the amount of paid leave available to Federal employees who donate organs
for transplants, providing up to 30 days of paid leave, in addition to annual and sick leave, for organ donation.
In addition to our current efforts, my Administration will go forward in the coming weeks with the framework for an organ
allocation system that will serve patients better. Our approach, which has been validated by the Institute of Medicine, calls
for improved allocation policies to be designed by transplant professionals, not by the Government, and would ensure
better and fairer treatment for patients. We need an organ allocation system that is as good as our transplant technology,
and it is time for sound allocation policies to go into effect.
It gives me great pleasure to sign H.R. 457 into law. I welcome the opportunity to help Federal employees participate in
this life-saving effort.
WILLIAM
J.
CLINTON
The White House, September 24, 1999.
Citation: John
T.
Woolley and Gerhard Peters,
The American Presidency Project
[online]. Santa Barbara, CA. Available from World
Wide Web: (http://www.presidency.ucsb.edu/wsl?pid=56578).
©
1999-2010 - Gerhard Peters - The American Presidency Project
http://www. presidency .ucsb.eduJws/print. php?pid= 565 78
9/30/2010