EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0910*
SENATE BILL 910
D5, D4, P1 2lr1406
By: Senator Waldstreicher
Introduced and read first time: February 10, 2022
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Nondiscrimination – Courts and Other Governmental Entities – Prohibitions, 2
Policy, and Training 3
(Access to Justice for All Youth) 4
FOR the purpose of requiring the Administrative Office of the Courts and the Department of 5
Juvenile Services to provide certain nondiscrimination training to certain employees and 6
contractors; establishing that certain provisions of law prohibiting discrimination apply 7
to units, officers, employees, and contractors of the State, a county, or a municipal 8
corporation and to a grantee, a program, or an entity receiving State funds; establishing 9
the policy of the State relating to equal access to the courts and nondiscrimination in the 10
receipt of court services; and generally relating to discrimination in courts. 11
BY adding to 12
Article – Courts and Judicial Proceedings 13
Section 13–101(g) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Human Services 18
Section 9–101(a) and (b) 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2021 Supplement) 21
BY adding to 22
Article – Human Services 23
Section 9–227(f) 24
Annotated Code of Maryland 25
(2019 Replacement Volume and 2021 Supplement) 26
BY repealing and reenacting, with amendments, 27 2 SENATE BILL 910
Article – State Government 1
Section 20–901 2
Annotated Code of Maryland 3
(2021 Replacement Volume) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Courts and Judicial Proceedings 7
13–101. 8
(G) (1) THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL PROVIDE 9
TRAINING TO EMPLOYEES AND CONTRA CTORS OF THE COURT S YSTEMS TO TEACH 10
BEHAVIORS, ATTITUDES, AND POLICIES THAT SUPPORT AND AFFIRM L ESBIAN, GAY, 11
BISEXUAL, TRANSGENDER , QUEER, QUESTIONING , AND GENDER NONCONFORMING 12
PERSONS. 13
(2) THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL 14
DETERMINE THE FORMAT , FREQUENCY , AND CONTENT OF THE T RAINING REQUIRED 15
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 16
Article – Human Services 17
9–101. 18
(a) In this title the following words have the meanings indicated. 19
(b) “Department” means the Department of Juvenile Services. 20
9–227. 21
(F) THE DEPARTMENT SHALL PROV IDE TRAINING TO ITS EMPLOYEES AND 22
CONTRACTORS TO TEACH BEHAVIORS , ATTITUDES, AND POLICIES THAT SUPPORT 23
AND AFFIRM LESBIA N, GAY, BISEXUAL, TRANSGENDER , QUEER, QUESTIONING , AND 24
GENDER NONCONFORMING PERSONS. 25
Article – State Government 26
20–901. 27
(a) Except as provided in subsection (b) of this section, [a unit, officer, or employee 28
of the State, a county, or a municipal corporation] THE FOLLOWING INDIVIDUALS may 29
not engage in a discriminatory act prohibited by § 20–304, § 20–606, § 20–705, § 20–706, § 30
20–707, or § 20–708 of this title: 31 SENATE BILL 910 3
(1) A UNIT, AN OFFICER, OR AN EMPLOYEE OF THE STATE, A COUNTY, 1
OR A MUNICIPAL CORPO RATION; 2
(2) A CONTRACTOR OF THE STATE, A COUNTY, OR A MUNICIPAL 3
CORPORATION ; OR 4
(3) A GRANTEE, A PROGRAM, OR AN ENTITY RECEIVING STATE FUNDS. 5
(b) Sections 20–304, 20–705, and 20–706 of this title do not prohibit the State, a 6
county, or a municipality from: 7
(1) providing separate facilities for males and females in 8
government–owned or government–operated public institutions; or 9
(2) operating or funding special or separate programs and facilities for 10
children, seniors, or other special populations. 11
(C) (1) FOR THE PURPOSES OF T HIS SUBSECTION , “NONMERIT FACTORS ” 12
MEANS FACTORS INCLUD ING RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN , 13
MARITAL STATUS , SEXUAL ORIENTATION , GENDER IDENTITY , OR DISABILITY. 14
(2) IT IS THE POLICY OF THE STATE THAT THE COURTS OF THE STATE 15
SHALL: 16
(I) PROVIDE EQUAL ACCESS TO COURTS OF EQUITY 17
THROUGHOUT THE STATE REGARDLESS OF A NY NONMERIT FACTORS OF THE 18
INDIVIDUAL SEEKING A CCESS; 19
(II) ENSURE THAT FAMILIES , KIN, AND PROSPECTIVE AND 20
CURRENT FOSTER AND A DOPTIVE PARENTS ARE PROTECTED FROM 21
DISCRIMINATION BASED ON NONMERIT FACTORS WHILE BENEFITTING FR OM OR 22
PARTICIPATING IN SER VICES OF THE COURT S YSTEM, CHILD WELFARE SYSTEM , AND 23
OTHER GOVERNMENT SYS TEMS; AND 24
(III) PROHIBIT DISCRIMINATI ON BASED ON NONMERIT FACTORS 25
IN THE ADMINISTRATIO N OF SERVICES, INCLUDING ALL APPLIC ABLE OFFICES AND 26
FUNCTIONS, AND SERVICES TO YOUTH WH O ARE AT RISK OF, OR ARE SURVIVORS OF , 27
HUMAN TRAFFICKING : 28
1. IN THE CHILD WELFARE SYSTEM; 29
2. IN THE JUVENILE JUST ICE SYSTEM; 30
4 SENATE BILL 910
3. WHILE RECEIVING SERVICES F OR THE HOMELESS ; OR 1
4. IN THE BEHAVIORAL HE ALTH SYSTEMS OF CARE . 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2022. 4