EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0439*
SENATE BILL 439
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By: Senators Elfreth, Hettleman, Kelly, and Salling
Introduced and read first time: January 22, 2024
Assigned to: Judicial Proceedings and Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Family Law – Victims of Domestic Violence Program – Certification and Grant 2
Fund 3
FOR the purpose of requiring a victims of domestic violence program to be certified by the 4
federally recognized State domestic violence coalition as a comprehensive domestic 5
violence program; establishing the Victims of Domestic Violence Program Grant 6
Fund as a special, nonlapsing fund in the Governor’s Office of Crime Prevention, 7
Youth, and Victim Services; requiring interest earnings of the Fund to be credited to 8
the Fund; and generally relating to the victims of domestic violence program. 9
BY repealing and reenacting, with amendments, 10
Article – Family Law 11
Section 4–515 and 4–516 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – State Finance and Procurement 16
Section 6–226(a)(2)(i) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – State Finance and Procurement 21
Section 6–226(a)(2)(ii)189. and 190. 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2023 Supplement) 24
BY adding to 25
Article – State Finance and Procurement 26
Section 6–226(a)(2)(ii)191. 27 2 SENATE BILL 439
Annotated Code of Maryland 1
(2021 Replacement Volume and 2023 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Family Law 5
4–515. 6
(a) (1) The Executive Director shall establish a program in the Governor’s 7
Office of Crime Prevention, Youth, and Victim Services to help victims of domestic violence 8
and their children. 9
(2) The purpose of the program is to provide for victims of domestic violence 10
and their children, in each region of this State: 11
(i) temporary shelter or help in obtaining shelter; 12
(ii) counseling; 13
(iii) information; 14
(iv) referral; and 15
(v) rehabilitation. 16
(b) As a part of the domestic violence program, there shall be, in a major 17
population center of this State, at least 1 program serving the area. 18
(c) Any program established under this section shall be subject to the following 19
conditions: 20
(1) the program shall provide victims of domestic violence and their 21
children with a temporary home and necessary counseling; 22
(2) the Governor’s Office of Crime Prevention, Youth, and Victim Services 23
shall: 24
(i) supervise the program; 25
(ii) set standards of care and admission policies; 26
(iii) monitor the operation of the program and annually evaluate the 27
effectiveness of the program; 28
SENATE BILL 439 3
(iv) adopt rules and regulations that set fees for services at and 1
govern the operation of each program; and 2
(v) regularly consult, collaborate with, and consider the 3
recommendations of the federally recognized State domestic violence coalition regarding 4
domestic violence programs and policies, practices, and procedures that impact victims of 5
domestic violence and their children; 6
(3) the program shall accept from the police or any other referral source in 7
the community any victim of domestic violence and the child of any victim of domestic 8
violence; [and] 9
(4) housing may not be provided under this subtitle to an applicant for 10
housing who is not a resident of this State at the time the application for housing is made; 11
AND 12
(5) THE PROGRAM SHALL BE CERTIFIED BY THE FED ERALLY 13
RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION AS A CO MPREHENSIVE 14
DOMESTIC VIOLENCE PR OGRAM. 15
[(d) (1) As funds become available, the Executive Director may extend the 16
domestic violence program to other areas in this State. 17
(2) Expansion of the domestic violence program may include: 18
(i) establishing additional shelters; or 19
(ii) providing funds and technical assistance to a local organization 20
or agency that shows that it is able and willing to run a domestic violence program.] 21
4–516. 22
(a) Subject to § 2–1257 of the State Government Article, the Executive Director 23
shall submit to the General Assembly a report on the domestic violence program annually. 24
[(b) In addition to receiving funds from the annual budget, the Executive Director 25
shall attempt to secure funding, including in–kind contributions, for the establishment and 26
operation of the domestic violence program from: 27
(1) the federal government; 28
(2) local governments; and 29
(3) private sources.] 30
4 SENATE BILL 439
(B) (1) IN THIS SUBSECTION , “FUND” MEANS THE VICTIMS OF DOMESTIC 1
VIOLENCE PROGRAM GRANT FUND. 2
(2) THERE IS A VICTIMS OF DOMESTIC VIOLENCE PROGRAM GRANT 3
FUND. 4
(3) THE PURPOSE OF THE FUND IS TO PROVIDE GRANTS TO PUBLIC 5
OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS 6
CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE 7
COALITION. 8
(4) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 9
VICTIM SERVICES SHALL : 10
(I) ADMINISTER THE FUND; AND 11
(II) ESTABLISH PROCEDURES TO AWARD GRANTS FROM THE 12
FUND. 13
(5) GRANTS MAY BE USED BY PROGRAMS CERTIFIED B Y THE 14
FEDERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION FOR PROGRAM 15
OPERATIONS, INCLUDING ESTABLISHI NG ADDITIONAL SHELTERS . 16
(6) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 17
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 18
(II) THE STATE TREASURER SHALL HOLD THE FUND 19
SEPARATELY, AND THE COMPTROLLER SH ALL ACCOUNT FOR THE FUND. 20
(7) THE FUND CONSISTS OF : 21
(I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 22
FUND; 23
(II) ANY INTEREST EARNING S OF THE FUND; AND 24
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 25
FOR THE BENEFIT OF T HE FUND. 26
(8) THE EXECUTIVE DIRECTOR SHALL ATTEMP T TO SECURE 27
FUNDING FOR THE FUND, INCLUDING IN–KIND CONTRIBUTIONS , FROM: 28
(I) THE FEDERAL GOVERNME NT; 29 SENATE BILL 439 5
(II) LOCAL GOVERNMENTS ; AND 1
(III) PRIVATE SOURCES . 2
(9) THE FUND MAY BE USED ONLY TO PROVIDE GRANTS TO P UBLIC 3
OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS 4
CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE 5
COALITION. 6
(10) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 7
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 8
(II) ANY INTEREST EARNING OF THE FUND SHALL BE CREDITE D 9
TO THE FUND. 10
(11) THE GOVERNOR MAY INCLUDE IN THE ANNUAL BUDGET BILL AN 11
APPROPRIATION ANNUALLY OF $5,000,000 TO THE FUND. 12
Article – State Finance and Procurement 13
6–226. 14
(a) (2) (i) Notwithstanding any other provision of law, and unless 15
inconsistent with a federal law, grant agreement, or other federal requirement or with the 16
terms of a gift or settlement agreement, net interest on all State money allocated by the 17
State Treasurer under this section to special funds or accounts, and otherwise entitled to 18
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 19
Fund of the State. 20
(ii) The provisions of subparagraph (i) of this paragraph do not apply 21
to the following funds: 22
189. the Teacher Retention and Development Fund; [and] 23
190. the Protecting Against Hate Crimes Grant Fund; AND 24
191. THE VICTIMS OF DOMESTIC VIOLENCE PROGRAM 25
GRANT FUND. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2024. 28