EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W. [Brackets] indicate matter deleted from existing law. *sb1084* SENATE BILL 1084 P1, O3 4lr3102 CF HB 1069 By: Senator M. Washington Introduced and read first time: February 2, 2024 Assigned to: Education, Energy, and the Environment A BILL ENTITLED AN ACT concerning 1 State Government – Commission for the Deaf, Deafblind, and Hard of Hearing 2 FOR the purpose of establishing the Commission for the Deaf, Deafblind, and Hard of 3 Hearing as an independent unit of State government to provide and advocate for 4 accessible and comprehensive services, and foster inclusivity, equal opportunities, 5 and improved quality of life, for individuals who are deaf, deafblind, or hard of 6 hearing; and generally relating to the Commission for the Deaf, Deafblind, and Hard 7 of Hearing. 8 BY adding to 9 Article – State Government 10 Section 9–3801 through 9–3806 to be under the new subtitle “Subtitle 38. 11 Commission for the Deaf, Deafblind, and Hard of Hearing” 12 Annotated Code of Maryland 13 (2021 Replacement Volume and 2023 Supplement) 14 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 That the Laws of Maryland read as follows: 16 Article – State Government 17 SUBTITLE 38. COMMISSION FOR THE DEAF, DEAFBLIND, AND HARD OF HEARING. 18 9–3801. 19 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20 INDICATED. 21 (B) “COMMISSION” MEANS THE COMMISSION FOR THE DEAF, DEAFBLIND, 22 AND HARD OF HEARING. 23 2 SENATE BILL 1084 (C) (1) “DEAF AND HARD OF HEARING INDIVIDUALS ” MEANS 1 INDIVIDUALS WHO ARE RESIDENTS OF THE STATE WHO HAVE PARTIA L OR 2 COMPLETE LOSS OF HEA RING. 3 (2) “DEAF AND HARD OF HEARING INDIVIDUALS ” INCLUDES 4 INDIVIDUALS WHO ARE : 5 (I) DEAF; 6 (II) DEAFBLIND; 7 (III) HARD OF HEARING; AND 8 (IV) LATE–DEAFENED. 9 (D) “DEAF COMMUNITY ” MEANS A CULTURAL MINORITY WITH DISTIN CT 10 MODES OF VISUAL OR T ACTILE COMMUNICATION , LANGUAGES , OR SOCIAL MORES . 11 (E) “DEAF INDIVIDUAL” MEANS AN INDIVIDUAL WITH SEVERE, PROFOUND, 12 OR COMPLETE ABSENCE OF LEVELS OF RESIDUA L HEARING, WHERE THE PRIMARY 13 EFFECTIVE RECEPTIVE COMMUN ICATION OR LANGUAGE MODE IS VISUAL, TACTILE, 14 OR BOTH. 15 (F) “DEAFBLIND INDIVIDUAL” MEANS AN INDIVIDUAL WHO HA S A 16 CONCOMITANT ABSENCE OF OR LIMITED LEVEL OF VISION AND HEARING. 17 (G) “HARD OF HEARING INDIVIDUAL” MEANS AN INDIVIDUAL WITH A 18 LIMITED RESIDUAL HEA RING LEVEL AND A HEARING LOSS IN AN INDIVIDUAL THAT 19 RESULTS IN A FUNCTIO NAL HEARING LOSS, BUT NOT TO THE EXTEN T THAT THE 20 INDIVIDUAL MUST DEPE ND PRIMARILY ON VISUAL COMMUNICATION . 21 (H) “LATE–DEAFENED INDIVIDUAL” MEANS AN INDIVIDUAL WHOSE ONSET 22 OF HEARING LOSS OCCU RS AFTER THE DEVELOPMEN T OF SPEECH AND LANG UAGE 23 AND MAY BE DEPENDENT ON VISUAL OR AUDITOR Y ENHANCEMENT MODES FOR 24 COMMUNICATION . 25 9–3802. 26 (A) THERE IS A COMMISSION FOR THE DEAF, DEAFBLIND, AND HARD OF 27 HEARING. 28 (B) THE COMMISSION IS AN INDEP ENDENT UNIT OF STATE GOVERNMENT . 29 SENATE BILL 1084 3 (C) THE PURPOSE OF THE COMMISSION IS TO PROV IDE AND ADVOCATE FOR 1 ACCESSIBLE AND COMPR EHENSIVE SERVICES , AND TO FOSTER INCLUSIVITY , EQUAL 2 OPPORTUNITIES , AND IMPROVED QUALITY OF LIFE, FOR INDIVIDUALS WHO ARE 3 DEAF, DEAFBLIND, OR HARD OF HEARING. 4 9–3803. 5 (A) THE COMMISSION CONSISTS OF: 6 (1) 1 MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 7 PRESIDENT OF THE SENATE; 8 (2) 1 MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 9 SPEAKER OF THE HOUSE; AND 10 (3) 10 COMMUNITY REPRESENTA TIVES OF STATE OR LOCAL 11 NONPROFIT ORGANIZATI ONS FOR DEAF INDIVIDUALS IN THE STATE OR THE 12 WASHINGTON, D.C. METROPOLITAN AREA, APPOINTED BY THE GOVERNOR. 13 (B) TO THE EXTENT PRACTIC ABLE, WHEN APPOINTING MEMB ERS TO THE 14 COMMISSION, THE GOVERNOR SHALL ENSURE GEOGRAPHIC BALANCE AND 15 PROMOTE RACIAL AND G ENDER DIVERSITY IN T HE COMMISSION’S MEMBERSHIP . 16 (C) EACH MEMBER OF THE COMMISSION SHALL BE A RESIDENT OF THE 17 STATE. 18 (D) BEFORE SERVING ON THE COMMISSION, EACH MEMBER OF THE 19 COMMISSION SHALL TAKE THE OATH REQUIRED BY ARTICLE I, § 9 OF THE 20 MARYLAND CONSTITUTION. 21 (E) (1) THE TERM OF A MEMBER IS 2 YEARS. 22 (2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 23 A SUCCESSOR IS APPOI NTED AND QUALIFIES . 24 (3) A MEMBER MAY NOT SERVE FOR MORE THAN THREE 25 CONSECUTIVE FULL TER MS. 26 (F) A MEMBER OF THE COMMISSION: 27 (1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 28 COMMISSION; BUT 29 4 SENATE BILL 1084 (2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 1 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 2 (G) THE COMMISSION SHALL MEET AT LEAST SIX TIMES A YEAR, AT THE 3 TIMES AND PLACES THA T IT DETERMINES . 4 9–3804. 5 (A) THE HEAD OF THE COMMISSION IS THE EXECUTIVE DIRECTOR. 6 (B) THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE GOVERNOR 7 WITH THE ADVICE AND CONSENT OF THE SENATE. 8 (C) THE EXECUTIVE DIRECTOR SHALL BE : 9 (1) A DEAF OR HARD OF HEARING INDIVIDUAL ; AND 10 (2) KNOWLEDGEABLE AND EX PERIENCED WITH ISSUE S AFFECTING 11 DEAF, DEAFBLIND, AND HARD OF HEARING INDIVIDUALS. 12 (D) THE EXECUTIVE DIRECTOR SHALL : 13 (1) MANAGE THE OPERATION OF THE COMMISSION; AND 14 (2) ESTABLISH GUIDELINES AND PROCEDURES TO PR OMOTE THE 15 ORDERLY AND EFFICIEN T OPERATION OF THE COMMISSION. 16 (E) THE EXECUTIVE DIRECTOR IS ENTITLED TO: 17 (1) COMPENSATION IN ACCO RDANCE WITH THE STATE BUDGET ; AND 18 (2) REIMBURSEMENT FOR EX PENSES UNDER THE STANDARD STATE 19 TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 20 (F) THE EXECUTIVE DIRECTOR MAY HIRE ANY STAFF NECESSARY TO 21 CARRY OUT THE PROVIS IONS OF THIS SUBTITLE. 22 9–3805. 23 (A) THE COMMISSION SHALL : 24 SENATE BILL 1084 5 (1) PROVIDE DIRECT AND SP ECIALIZED CASE MANAG EMENT 1 SERVICES FOR DEAF, DEAFBLIND, AND HARD OF HEARING INDIVIDUALS ; 2 (2) DEVELOP AND ADMINISTE R PROGRAMS THAT SUPP ORT 3 EDUCATIONAL , EMPLOYMENT , HEALTH, AND SOCIAL OPPORTUNI TIES FOR DEAF, 4 DEAFBLIND, AND HARD OF HEARING INDIVIDUALS; 5 (3) ADVOCATE FOR POLICIES , PROGRAMS, AND LEGISLATIVE 6 INITIATIVES THAT ADDRESS THE NEE DS OF, AND ISSUES AFFECTING , DEAF, 7 DEAFBLIND, AND HARD OF HEARING INDIVIDUALS ; 8 (4) RAISE PUBLIC AWARENES S AND FOSTER UNDERST ANDING OF THE 9 CHALLENGES ENCOUNTERED BY THE DEAF COMMUNIT Y; 10 (5) COORDINATE WITH OTHER STATE AGENCIES AND OT HERWISE USE 11 THE RESOURCES OF THE STATE TO PROVIDE SPEC IALIZED CASE MANAGEM ENT 12 SERVICES TO MEET THE NEEDS OF DEAF, DEAFBLIND, AND HARD OF HEARING 13 INDIVIDUALS; 14 (6) IDENTIFY BARRIERS AND GAPS IN COMMUNICATIO N ACCESS AND 15 DEVELOP SOLUTIONS TO IMPROVE THE QUALITY OF LIFE FOR THE DEAF 16 COMMUNITY ; 17 (7) ENCOURAGE THE DEVELOP MENT OF ACTIVITIES T O ENHANCE 18 CIVIC ENGAGEMENT BETWEEN DEAF, DEAFBLIND, AND HARD OF HEARING 19 INDIVIDUALS AND THE COMMUNITY ; AND 20 (8) ADOPT REGULATIONS TO CARRY OUT THE PROVIS IONS OF THIS 21 SUBTITLE. 22 (B) ON OR BEFORE JULY 1, 2026, AND EACH JULY 1 THEREAFTER , THE 23 COMMISSION SHALL SUBMIT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 24 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY, A REPORT ON THE 25 COMMISSION THAT INCLUDES: 26 (1) DATA RELATED TO THE SERVI CES PROVIDED BY THE 27 COMMISSION; AND 28 (2) ANY OTHER POLICY RECOMMENDATIO NS THAT THE COMMISSION 29 CONSIDERS NECESSARY TO ADDRESS ACCESSIBILITY OF SER VICES FOR DEAF, 30 DEAFBLIND, AND HARD OF HEARING INDIVIDUALS . 31 9–3806. 32 6 SENATE BILL 1084 (A) (1) THE COMMISSION MAY SEEK MONEY FROM THE FEDERAL 1 GOVERNMENT , FOUNDATIONS , AND PRIVATE SOURCES , IN ADDITION TO STATE 2 FINANCING. 3 (2) THE COMMISSION MAY ACCEPT GIFTS, GRANTS, DONATIONS, 4 BEQUESTS, OR ENDOWMENTS FOR AN Y OF ITS PURPOSES . 5 (B) MONEY RECEIVED UNDER SUBSE CTION (A) OF THIS SECTION AND 6 INCOME AND FEES DERI VED FROM ACTIVITIES OF THE COMMISSION ARE NOT 7 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8 (C) MONEY MAINTAINED BY THE COMMISSION UNDER THIS SECTION IS 9 SUBJECT TO AUDIT BY THE STATE, INCLUDING THE LEGISLATIVE AUDITOR. 10 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11 October 1, 2024. 12