| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0656* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 656 | |
| 11 | 8 | D4 4lr2433 | |
| 12 | 9 | CF SB 439 | |
| 13 | 10 | By: Delegate Ivey | |
| 14 | 11 | Introduced and read first time: January 25, 2024 | |
| 15 | 12 | Assigned to: Judiciary | |
| 16 | - | Committee Report: Favorable | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 16, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Family Law – Victims of Domestic Violence Program – Certification and Grant 2 | |
| 25 | 19 | Fund 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of requiring a victims of domestic violence program to be certified by the 4 | |
| 28 | 22 | federally recognized State domestic violence coalition as a comprehensive domestic 5 | |
| 29 | 23 | violence program; establishing the Victims of Domestic Violence Program Grant 6 | |
| 30 | 24 | Fund as a special, nonlapsing fund in the Governor’s Office of Crime Prevention, 7 | |
| 31 | 25 | Youth, and Victim Services; requiring interest earnings of the Fund to be credited to 8 | |
| 32 | 26 | the Fund; and generally relating to the victims of domestic violence program. 9 | |
| 33 | 27 | ||
| 34 | 28 | BY repealing and reenacting, with amendments, 10 | |
| 35 | 29 | Article – Family Law 11 | |
| 36 | 30 | Section 4–515 and 4–516 12 | |
| 37 | 31 | Annotated Code of Maryland 13 | |
| 38 | 32 | (2019 Replacement Volume and 2023 Supplement) 14 | |
| 39 | 33 | ||
| 40 | 34 | BY repealing and reenacting, without amendments, 15 | |
| 41 | 35 | Article – State Finance and Procurement 16 | |
| 42 | 36 | Section 6–226(a)(2)(i) 17 | |
| 43 | 37 | Annotated Code of Maryland 18 | |
| 44 | 38 | (2021 Replacement Volume and 2023 Supplement) 19 | |
| 45 | 39 | ||
| 46 | 40 | BY repealing and reenacting, with amendments, 20 | |
| 47 | 41 | Article – State Finance and Procurement 21 | |
| 48 | - | Section 6–226(a)(2)(ii)189. and 190. 22 2 HOUSE BILL 656 | |
| 42 | + | Section 6–226(a)(2)(ii)189. and 190. 22 | |
| 43 | + | Annotated Code of Maryland 23 | |
| 44 | + | (2021 Replacement Volume and 2023 Supplement) 24 | |
| 45 | + | ||
| 46 | + | BY adding to 25 | |
| 47 | + | Article – State Finance and Procurement 26 | |
| 48 | + | Section 6–226(a)(2)(ii)191. 27 2 HOUSE BILL 656 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | 51 | Annotated Code of Maryland 1 | |
| 52 | 52 | (2021 Replacement Volume and 2023 Supplement) 2 | |
| 53 | 53 | ||
| 54 | - | BY adding to 3 | |
| 55 | - | Article – State Finance and Procurement 4 | |
| 56 | - | Section 6–226(a)(2)(ii)191. 5 | |
| 57 | - | Annotated Code of Maryland 6 | |
| 58 | - | (2021 Replacement Volume and 2023 Supplement) 7 | |
| 54 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 | |
| 55 | + | That the Laws of Maryland read as follows: 4 | |
| 59 | 56 | ||
| 60 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 | |
| 61 | - | That the Laws of Maryland read as follows: 9 | |
| 57 | + | Article – Family Law 5 | |
| 62 | 58 | ||
| 63 | - | ||
| 59 | + | 4–515. 6 | |
| 64 | 60 | ||
| 65 | - | 4–515. 11 | |
| 61 | + | (a) (1) The Executive Director shall establish a program in the Governor’s 7 | |
| 62 | + | Office of Crime Prevention, Youth, and Victim Services to help victims of domestic violence 8 | |
| 63 | + | and their children. 9 | |
| 66 | 64 | ||
| 67 | - | (a) (1) The Executive Director shall establish a program in the Governor’s 12 | |
| 68 | - | Office of Crime Prevention, Youth, and Victim Services to help victims of domestic violence 13 | |
| 69 | - | and their children. 14 | |
| 65 | + | (2) The purpose of the program is to provide for victims of domestic violence 10 | |
| 66 | + | and their children, in each region of this State: 11 | |
| 70 | 67 | ||
| 71 | - | (2) The purpose of the program is to provide for victims of domestic violence 15 | |
| 72 | - | and their children, in each region of this State: 16 | |
| 68 | + | (i) temporary shelter or help in obtaining shelter; 12 | |
| 73 | 69 | ||
| 74 | - | ( | |
| 70 | + | (ii) counseling; 13 | |
| 75 | 71 | ||
| 76 | - | ( | |
| 72 | + | (iii) information; 14 | |
| 77 | 73 | ||
| 78 | - | ( | |
| 74 | + | (iv) referral; and 15 | |
| 79 | 75 | ||
| 80 | - | ( | |
| 76 | + | (v) rehabilitation. 16 | |
| 81 | 77 | ||
| 82 | - | (v) rehabilitation. 21 | |
| 78 | + | (b) As a part of the domestic violence program, there shall be, in a major 17 | |
| 79 | + | population center of this State, at least 1 program serving the area. 18 | |
| 83 | 80 | ||
| 84 | - | ( | |
| 85 | - | ||
| 81 | + | (c) Any program established under this section shall be subject to the following 19 | |
| 82 | + | conditions: 20 | |
| 86 | 83 | ||
| 87 | - | ( | |
| 88 | - | ||
| 84 | + | (1) the program shall provide victims of domestic violence and their 21 | |
| 85 | + | children with a temporary home and necessary counseling; 22 | |
| 89 | 86 | ||
| 90 | - | ( | |
| 91 | - | ||
| 87 | + | (2) the Governor’s Office of Crime Prevention, Youth, and Victim Services 23 | |
| 88 | + | shall: 24 | |
| 92 | 89 | ||
| 93 | - | (2) the Governor’s Office of Crime Prevention, Youth, and Victim Services 28 | |
| 94 | - | shall: 29 | |
| 90 | + | (i) supervise the program; 25 | |
| 95 | 91 | ||
| 96 | - | (i) supervise the program; 30 | |
| 92 | + | (ii) set standards of care and admission policies; 26 | |
| 93 | + | ||
| 94 | + | (iii) monitor the operation of the program and annually evaluate the 27 | |
| 95 | + | effectiveness of the program; 28 | |
| 97 | 96 | HOUSE BILL 656 3 | |
| 98 | 97 | ||
| 99 | 98 | ||
| 100 | - | (ii) set standards of care and admission policies; 1 | |
| 99 | + | (iv) adopt rules and regulations that set fees for services at and 1 | |
| 100 | + | govern the operation of each program; and 2 | |
| 101 | 101 | ||
| 102 | - | (iii) monitor the operation of the program and annually evaluate the 2 | |
| 103 | - | effectiveness of the program; 3 | |
| 102 | + | (v) regularly consult, collaborate with, and consider the 3 | |
| 103 | + | recommendations of the federally recognized State domestic violence coalition regarding 4 | |
| 104 | + | domestic violence programs and policies, practices, and procedures that impact victims of 5 | |
| 105 | + | domestic violence and their children; 6 | |
| 104 | 106 | ||
| 105 | - | (iv) adopt rules and regulations that set fees for services at and 4 | |
| 106 | - | govern the operation of each program; and 5 | |
| 107 | + | (3) the program shall accept from the police or any other referral source in 7 | |
| 108 | + | the community any victim of domestic violence and the child of any victim of domestic 8 | |
| 109 | + | violence; [and] 9 | |
| 107 | 110 | ||
| 108 | - | (v) regularly consult, collaborate with, and consider the 6 | |
| 109 | - | recommendations of the federally recognized State domestic violence coalition regarding 7 | |
| 110 | - | domestic violence programs and policies, practices, and procedures that impact victims of 8 | |
| 111 | - | domestic violence and their children; 9 | |
| 111 | + | (4) housing may not be provided under this subtitle to an applicant for 10 | |
| 112 | + | housing who is not a resident of this State at the time the application for housing is made; 11 | |
| 113 | + | AND 12 | |
| 112 | 114 | ||
| 113 | - | ( | |
| 114 | - | ||
| 115 | - | violence | |
| 115 | + | (5) THE PROGRAM SHAL L BE CERTIFIED BY TH E FEDERALLY 13 | |
| 116 | + | RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION AS A CO MPREHENSIVE 14 | |
| 117 | + | DOMESTIC VIOLENCE PR OGRAM. 15 | |
| 116 | 118 | ||
| 117 | - | (4) housing may not be provided under this subtitle to an applicant for 13 | |
| 118 | - | housing who is not a resident of this State at the time the application for housing is made; 14 | |
| 119 | - | AND 15 | |
| 119 | + | [(d) (1) As funds become available, the Executive Director may extend the 16 | |
| 120 | + | domestic violence program to other areas in this State. 17 | |
| 120 | 121 | ||
| 121 | - | (5) THE PROGRAM SHALL BE CERTIFIED BY THE FED ERALLY 16 | |
| 122 | - | RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION AS A CO MPREHENSIVE 17 | |
| 123 | - | DOMESTIC VIOLENCE PR OGRAM. 18 | |
| 122 | + | (2) Expansion of the domestic violence program may include: 18 | |
| 124 | 123 | ||
| 125 | - | [(d) (1) As funds become available, the Executive Director may extend the 19 | |
| 126 | - | domestic violence program to other areas in this State. 20 | |
| 124 | + | (i) establishing additional shelters; or 19 | |
| 127 | 125 | ||
| 128 | - | (2) Expansion of the domestic violence program may include: 21 | |
| 126 | + | (ii) providing funds and technical assistance to a local organization 20 | |
| 127 | + | or agency that shows that it is able and willing to run a domestic violence program.] 21 | |
| 129 | 128 | ||
| 130 | - | ||
| 129 | + | 4–516. 22 | |
| 131 | 130 | ||
| 132 | - | ( | |
| 133 | - | ||
| 131 | + | (a) Subject to § 2–1257 of the State Government Article, the Executive Director 23 | |
| 132 | + | shall submit to the General Assembly a report on the domestic violence program annually. 24 | |
| 134 | 133 | ||
| 135 | - | 4–516. 25 | |
| 134 | + | [(b) In addition to receiving funds from the annual budget, the Executive Director 25 | |
| 135 | + | shall attempt to secure funding, including in–kind contributions, for the establishment and 26 | |
| 136 | + | operation of the domestic violence program from: 27 | |
| 136 | 137 | ||
| 137 | - | (a) Subject to § 2–1257 of the State Government Article, the Executive Director 26 | |
| 138 | - | shall submit to the General Assembly a report on the domestic violence program annually. 27 | |
| 138 | + | (1) the federal government; 28 | |
| 139 | 139 | ||
| 140 | - | [(b) In addition to receiving funds from the annual budget, the Executive Director 28 | |
| 141 | - | shall attempt to secure funding, including in–kind contributions, for the establishment and 29 | |
| 142 | - | operation of the domestic violence program from: 30 | |
| 140 | + | (2) local governments; and 29 | |
| 143 | 141 | ||
| 144 | - | ( | |
| 142 | + | (3) private sources.] 30 | |
| 145 | 143 | 4 HOUSE BILL 656 | |
| 146 | 144 | ||
| 147 | 145 | ||
| 148 | - | (2) local governments; and 1 | |
| 146 | + | (B) (1) IN THIS SUBSECTION , “FUND” MEANS THE VICTIMS OF DOMESTIC 1 | |
| 147 | + | VIOLENCE PROGRAM GRANT FUND. 2 | |
| 149 | 148 | ||
| 150 | - | (3) private sources.] 2 | |
| 149 | + | (2) THERE IS A VICTIMS OF DOMESTIC VIOLENCE PROGRAM GRANT 3 | |
| 150 | + | FUND. 4 | |
| 151 | 151 | ||
| 152 | - | (B) (1) IN THIS SUBSECTION , “FUND” MEANS THE VICTIMS OF DOMESTIC 3 | |
| 153 | - | VIOLENCE PROGRAM GRANT FUND. 4 | |
| 152 | + | (3) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS TO PUBLIC 5 | |
| 153 | + | OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS 6 | |
| 154 | + | CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE 7 | |
| 155 | + | COALITION. 8 | |
| 154 | 156 | ||
| 155 | - | ( | |
| 156 | - | ||
| 157 | + | (4) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 9 | |
| 158 | + | VICTIM SERVICES SHALL : 10 | |
| 157 | 159 | ||
| 158 | - | (3) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS TO PUBLIC 7 | |
| 159 | - | OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS 8 | |
| 160 | - | CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE 9 | |
| 161 | - | COALITION. 10 | |
| 160 | + | (I) ADMINISTER THE FUND; AND 11 | |
| 162 | 161 | ||
| 163 | - | ( | |
| 164 | - | ||
| 162 | + | (II) ESTABLISH PROCEDURES TO AWARD GRANTS FROM THE 12 | |
| 163 | + | FUND. 13 | |
| 165 | 164 | ||
| 166 | - | (I) ADMINISTER THE FUND; AND 13 | |
| 165 | + | (5) GRANTS MAY BE USED BY PROGRAMS CERTIFIED B Y THE 14 | |
| 166 | + | FEDERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION FOR PRO GRAM 15 | |
| 167 | + | OPERATIONS, INCLUDING ESTABLISHI NG ADDITIONAL SHELTE RS. 16 | |
| 167 | 168 | ||
| 168 | - | ( | |
| 169 | - | ||
| 169 | + | (6) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 17 | |
| 170 | + | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 18 | |
| 170 | 171 | ||
| 171 | - | (5) GRANTS MAY BE USED BY PROGRAMS CERTIFIED B Y THE 16 | |
| 172 | - | FEDERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION FOR PRO GRAM 17 | |
| 173 | - | OPERATIONS, INCLUDING ESTABLISHI NG ADDITIONAL SHELTE RS. 18 | |
| 172 | + | (II) THE STATE TREASURER SHALL HOLD THE FUND 19 | |
| 173 | + | SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 20 | |
| 174 | 174 | ||
| 175 | - | (6) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 19 | |
| 176 | - | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 20 | |
| 175 | + | (7) THE FUND CONSISTS OF : 21 | |
| 177 | 176 | ||
| 178 | - | ( | |
| 179 | - | ||
| 177 | + | (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 22 | |
| 178 | + | FUND; 23 | |
| 180 | 179 | ||
| 181 | - | ( | |
| 180 | + | (II) ANY INTEREST EARNING S OF THE FUND; AND 24 | |
| 182 | 181 | ||
| 183 | - | ( | |
| 184 | - | FUND | |
| 182 | + | (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 25 | |
| 183 | + | FOR THE BENEFIT OF T HE FUND. 26 | |
| 185 | 184 | ||
| 186 | - | (II) ANY INTEREST EARNING S OF THE FUND; AND 26 | |
| 185 | + | (8) THE EXECUTIVE DIRECTOR SHALL ATTEMP T TO SECURE 27 | |
| 186 | + | FUNDING FOR THE FUND, INCLUDING IN–KIND CONTRIBUTIONS , FROM: 28 | |
| 187 | 187 | ||
| 188 | - | (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 27 | |
| 189 | - | FOR THE BENEFIT OF T HE FUND. 28 | |
| 190 | - | HOUSE BILL 656 5 | |
| 191 | - | ||
| 192 | - | ||
| 193 | - | (8) THE EXECUTIVE DIRECTOR SHALL ATTEMP T TO SECURE 1 | |
| 194 | - | FUNDING FOR THE FUND, INCLUDING IN–KIND CONTRIBUTIONS , FROM: 2 | |
| 195 | - | ||
| 196 | - | (I) THE FEDERAL GOVERNME NT; 3 | |
| 197 | - | ||
| 198 | - | (II) LOCAL GOVERNMENTS ; AND 4 | |
| 199 | - | ||
| 200 | - | (III) PRIVATE SOURCES . 5 | |
| 201 | - | ||
| 202 | - | (9) THE FUND MAY BE USED ONLY TO PROVIDE GRANTS TO PUBLIC 6 | |
| 203 | - | OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS 7 | |
| 204 | - | CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE 8 | |
| 205 | - | COALITION. 9 | |
| 206 | - | ||
| 207 | - | (10) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 10 | |
| 208 | - | FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE INVESTED. 11 | |
| 209 | - | ||
| 210 | - | (II) ANY INTEREST EARNING OF THE FUND SHALL BE CREDITE D 12 | |
| 211 | - | TO THE FUND. 13 | |
| 212 | - | ||
| 213 | - | (11) THE GOVERNOR MAY INCLUDE IN THE ANNUAL BUDGET BILL AN 14 | |
| 214 | - | APPROPRIATION ANNUAL LY OF $5,000,000 TO THE FUND. 15 | |
| 215 | - | ||
| 216 | - | Article – State Finance and Procurement 16 | |
| 217 | - | ||
| 218 | - | 6–226. 17 | |
| 219 | - | ||
| 220 | - | (a) (2) (i) Notwithstanding any other provision of law, and unless 18 | |
| 221 | - | inconsistent with a federal law, grant agreement, or other federal requirement or with the 19 | |
| 222 | - | terms of a gift or settlement agreement, net interest on all State money allocated by the 20 | |
| 223 | - | State Treasurer under this section to special funds or accounts, and otherwise entitled to 21 | |
| 224 | - | receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 22 | |
| 225 | - | Fund of the State. 23 | |
| 226 | - | ||
| 227 | - | (ii) The provisions of subparagraph (i) of this paragraph do not apply 24 | |
| 228 | - | to the following funds: 25 | |
| 229 | - | ||
| 230 | - | 189. the Teacher Retention and Development Fund; [and] 26 | |
| 231 | - | ||
| 232 | - | 190. the Protecting Against Hate Crimes Grant Fund; AND 27 | |
| 233 | - | ||
| 234 | - | 191. THE VICTIMS OF DOMESTIC VIOLENCE PROGRAM 28 | |
| 235 | - | GRANT FUND. 29 | |
| 236 | - | 6 HOUSE BILL 656 | |
| 237 | - | ||
| 238 | - | ||
| 239 | - | SECTION 2. AND BE IT FURTHER ENACTED, Th at this Act shall take effect 1 | |
| 240 | - | October 1, 2024. 2 | |
| 188 | + | (I) THE FEDERAL GOVERNME NT; 29 HOUSE BILL 656 5 | |
| 241 | 189 | ||
| 242 | 190 | ||
| 243 | 191 | ||
| 244 | - | Approved: | |
| 245 | - | ________________________________________________________________________________ | |
| 246 | - | Governor. | |
| 247 | - | ________________________________________________________________________________ | |
| 248 | - | Speaker of the House of Delegates. | |
| 249 | - | ________________________________________________________________________________ | |
| 250 | - | President of the Senate. | |
| 192 | + | (II) LOCAL GOVERNMENTS ; AND 1 | |
| 193 | + | ||
| 194 | + | (III) PRIVATE SOURCES . 2 | |
| 195 | + | ||
| 196 | + | (9) THE FUND MAY BE USED ONLY TO PROVIDE GRANTS TO PUBLIC 3 | |
| 197 | + | OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS 4 | |
| 198 | + | CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE 5 | |
| 199 | + | COALITION. 6 | |
| 200 | + | ||
| 201 | + | (10) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 7 | |
| 202 | + | FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 8 | |
| 203 | + | ||
| 204 | + | (II) ANY INTEREST EARNING OF THE FUND SHALL BE CREDITE D 9 | |
| 205 | + | TO THE FUND. 10 | |
| 206 | + | ||
| 207 | + | (11) THE GOVERNOR MAY INCLUDE IN THE A NNUAL BUDGET BILL AN 11 | |
| 208 | + | APPROPRIATION ANNUAL LY OF $5,000,000 TO THE FUND. 12 | |
| 209 | + | ||
| 210 | + | Article – State Finance and Procurement 13 | |
| 211 | + | ||
| 212 | + | 6–226. 14 | |
| 213 | + | ||
| 214 | + | (a) (2) (i) Notwithstanding any other provision of law, and unless 15 | |
| 215 | + | inconsistent with a federal law, grant agreement, or other federal requirement or with the 16 | |
| 216 | + | terms of a gift or settlement agreement, net interest on all State money allocated by the 17 | |
| 217 | + | State Treasurer under this section to special funds or accounts, and otherwise entitled to 18 | |
| 218 | + | receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 19 | |
| 219 | + | Fund of the State. 20 | |
| 220 | + | ||
| 221 | + | (ii) The provisions of subparagraph (i) of this paragraph do not apply 21 | |
| 222 | + | to the following funds: 22 | |
| 223 | + | ||
| 224 | + | 189. the Teacher Retention and Development Fund; [and] 23 | |
| 225 | + | ||
| 226 | + | 190. the Protecting Against Hate Crimes Grant Fund; AND 24 | |
| 227 | + | ||
| 228 | + | 191. THE VICTIMS OF DOMESTIC VIOLENCE PROGRAM 25 | |
| 229 | + | GRANT FUND. 26 | |
| 230 | + | ||
| 231 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27 | |
| 232 | + | October 1, 2024. 28 |