§577-7.5  Parental preferences in government
contracts, programs, and services.  (a)  The purpose of this section is to
help to eliminate any preference in a state or county executive agency or
judiciary contract, program, or service that favors one parent over the other
in terms of child-rearing; provided that nothing in this section is intended to
affect maternity benefits.  This section shall not serve as a legal basis to
invalidate any state, county, or judiciary contract, program, or service.



(b)  All state and county executive
agencies and the judiciary shall review their respective contracts, programs,
and services that affect parental roles in children's health, welfare, and
education and, in the sole discretion of the agency or judiciary, determine
whether a preference exists that favors one parent over another in the raising
of their children.  If a determination in the sole discretion of the agency or
the judiciary is made that a preference exists, it shall direct its staff to
analyze the preference and determine whether it unfairly precludes a parent
from participating in child-rearing.  If so, the state or county agency or the
judiciary shall seek to eliminate that preference by encouraging modifications
to ensure the inclusion of both parents in all contracts, programs, and
services designed to assist in the raising of children; provided that this
provision shall in no instance be interpreted to reduce or negatively impact
maternity leave benefits or require any changes in personnel programs or work
force policies.



(c)  This section shall not apply to a
preference that:



(1)  The state or county agency or the judiciary
determines to be in the best interest of the child;



(2)  Would impose an unreasonable burden on the State,
a county, or the judiciary by removing a preference from existing contracts,
programs, or services; or



(3)  Conflicts with existing collective bargaining
contracts.



(d)  Each state and county executive agency and
the judiciary under subsection (b) shall report to the legislature on the
implementation of this section no later than twenty days before the beginning
of the regular session of 2003, and annually thereafter. [L 2001, c 301, §2; am
L 2002, c 162, §1]