Bill No.
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Concerning: Contracts and
Procurement - Equal Benefits for
Domestic Partner - Repeal
Revised: April 19. 2016 Draft No.
L
Introduced:
April 19. 2016
Enacted:
June 28 2016
Executive:
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
~N~o~n~e
_ _ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Leventhal
AN ACT
to:
(1)
(2)
repeal the law requiring the County contractors to provide domestic partner benefits
for certain employees; and
generally amend the procurement law regarding benefits for domestic partners.
By amending
Montgomery County Code
Chapter [[33, Personnel and Human Resources]] 1 IB. Contracts and Procurement
Sections [[33-22]] 11B-33D
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Heading or defined term.
Added to existing law by original bill.
Deleted from existing law by original bill.
Added by amendment.
Deleted from 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. 17-16
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Sec. 1. Section 11B-33D is amended as follows:
11B-33D. [Equal Benefits] Reserved.
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[(a)
Definitions.
In this Section, the following words have the meanings
indicated:
Benefit
means a plan, program, or policy provided or offered by a
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contractor or subcontractor to some or all employees as part of the
employer's total compensation package. This may include:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
bereavement leave;
family medical leave;
sick leave;
health benefits;
dental benefits;
disability insurance;
life insurance; and
retirement benefits.
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Cash equivalent
means the actual cost to the employer for insurance
benefits to the spouse of a married employee, which are not provided
to a domestic partner, if:
( 1)
the benefit would be provided to a domestic partner of an
employee if that person were a spouse of the employee; and
(2)
the employer is unable to provide the benefit to a domestic
partner of an employee after making a reasonable effort to do so.
Contract
means a contract for services subject to Section 11B-33A or a
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contract for construction services subject to Section 11B-33C.
Domestic partnership
means:
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BILL NO. 17-16
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(1)
a relationship between two individuals of the same sex that has
been licensed as a civil union or marriage in a jurisdiction where
such a civil union or marriage is permitted; or
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(2)
an unlicensed relationship between two individuals of the same
sex who:
(A)
share a close personal relationship and are responsible for
each other's welfare;
(B)
have shared the same legal residence for at least 12
months;
(C)
(D)
are at least 18 years old;
have voluntarily consented to the relationship, without
fraud or duress;
(E)
are not married to, or in a domestic partnership with, any
other person;
(F)
are not related by blood or affinity in a way that would
disqualify them from marriage under State law if the
employee and partner were opposite sexes;
(G)
(H)
(I)
are each legally competent to contract;
share financial and legal obligations; and
legally register the domestic partnership if a domestic
partnership registration system exists in the jurisdiction
where the employee resides.
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Employee
means a person who performs work on a contract in an
employment relationship with the contractor or a subcontractor.]
[(b)
Equal benefits requirement.
A contractor or subcontractor must
provide the same benefits to an employee with a domestic partner as
provided to an employee with a spouse.
If
a benefit cannot reasonably
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BILL NO. 17-16
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[(
c)
be provided to a domestic partner, the contractor or subcontractor must
pay the employee the cash equivalent.]
Contract requirement.
Each contract covered by this Section must:
(1)
require the contractor and all subcontractors to comply with this
Section; and
(2)
specify that an aggrieved employee, as a third-party beneficiary,
may by civil action recover the cash equivalent of any benefit
denied in violation of this Section or other compensable
damages.]
[(d)
Enforcement.
(1)
The Director or a designee may perform random or regular audits
and investigate any complaint of a violation of this Section.
If
the Director determines that this Section has been violated, the
Director must issue a written decision, including appropriate
sanctions, and may withhold from payment due the contractor,
pending a final decision, an amount sufficient to:
(i)
pay each employee of the contractor or subcontractor the
cash equivalent of the benefits denied; and
(ii)
satisfy a liability of a contractor for liquidated damages as
provided in this Section.
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(2)
A contractor or subcontractor must not discharge or otherwise
retaliate against an employee for asserting any right under this
Section or for filing a complaint of a violation.
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(3)
The
sanctions
of Section
11B-33(b)
which
apply
to
noncompliance with nondiscrimination requirements apply with
equal force and scope to noncompliance with this Section.
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BILL NO. 17-16
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(4)
Each contract subject to this Section may specify the payment of
liquidated damages to the County by the contractor for any
noncompliance with this Section.
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(5)
Each contractor is jointly and severally liable for noncompliance
with this Section by a subcontractor.
(6)
A contractor may appeal a written decision of the Director that
the contractor violated this Section to the Chief Administrative
Officer within 10 working days after receiving a copy of the
decision. The Chief Administrative Officer must designate a
hearing officer to conduct a hearing under Chapter 2A after
receiving a timely appeal.
If
the contractor does not appeal a
written decision within 10 working days after receipt, the
decision of the Director becomes final and binding.]
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[(
e)
Report.
The Chief Administrative Officer must report annually to the
Council and Executive on the operation of and compliance with this
Section.]
Sec. 2. Transition.·
The amendments to Section 11B-33D made in Section 1 apply to any contract
awarded after the date this Act takes effect.
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BILL
NO. 17-16
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Date
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Approved:
Approved:
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Isiah Leggett, County Executive
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This is a correct copy of Council action.
Date
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Linda M. Lauer, Clerk of the Council
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Date
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