EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0439* SENATE BILL 439 D4 4lr1773 CF HB 656 By: Senators Elfreth, Hettleman, Kelly, and Salling Salling, and Jackson Introduced and read first time: January 22, 2024 Assigned to: Judicial Proceedings and Budget and Taxation Committee Report: Favorable Senate action: Adopted with floor amendments Read second time: February 27, 2024 CHAPTER ______ 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 2 SENATE BILL 439 Annotated Code of Maryland 1 (2021 Replacement Volume and 2023 Supplement) 2 BY adding to 3 Article – State Finance and Procurement 4 Section 6–226(a)(2)(ii)191. 5 Annotated Code of Maryland 6 (2021 Replacement Volume and 2023 Supplement) 7 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 That the Laws of Maryland read as follows: 9 Article – Family Law 10 4–515. 11 (a) (1) The Executive Director shall establish a program in the Governor’s 12 Office of Crime Prevention, Youth, and Victim Services to help victims of domestic violence 13 and their children. 14 (2) The purpose of the program is to provide for victims of domestic violence 15 and their children, in each region of this State: 16 (i) temporary shelter or help in obtaining shelter; 17 (ii) counseling; 18 (iii) information; 19 (iv) referral; and 20 (v) rehabilitation. 21 (b) As a part of the domestic violence program, there shall be, in a major 22 population center of this State, at least 1 program serving the area. 23 (c) Any program established under this section shall be subject to the following 24 conditions: 25 (1) the program shall provide victims of domestic violence and their 26 children with a temporary home and necessary counseling; 27 (2) the Governor’s Office of Crime Prevention, Youth, and Victim Services 28 shall: 29 (i) supervise the program; 30 SENATE BILL 439 3 (ii) set standards of care and admission policies; 1 (iii) monitor the operation of the program and annually evaluate the 2 effectiveness of the program; 3 (iv) adopt rules and regulations that set fees for services at and 4 govern the operation of each program; and 5 (v) regularly consult, collaborate with, and consider the 6 recommendations of the federally recognized State domestic violence coalition regarding 7 domestic violence programs and policies, practices, and procedures that impact victims of 8 domestic violence and their children; 9 (3) the program shall accept from the police or any other referral source in 10 the community any victim of domestic violence and the child of any victim of domestic 11 violence; [and] 12 (4) housing may not be provided under this subtitle to an applicant for 13 housing who is not a resident of this State at the time the application for housing is made; 14 AND 15 (5) THE PROGRAM SHALL BE CERTIFIED BY THE FEDERALLY 16 RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION AS A CO MPREHENSIVE 17 DOMESTIC VIOLENCE PR OGRAM. 18 [(d) (1) As funds become available, the Executive Director may extend the 19 domestic violence program to other areas in this State. 20 (2) Expansion of the domestic violence program may include: 21 (i) establishing additional shelters; or 22 (ii) providing funds and technical assistance to a local organization 23 or agency that shows that it is able and willing to run a domestic violence program.] 24 4–516. 25 (a) Subject to § 2–1257 of the State Government Article, the Executive Director 26 shall submit to the General Assembly a report on the domestic violence program annually. 27 [(b) In addition to receiving funds from the annual budget, the Executive Director 28 shall attempt to secure funding, including in–kind contributions, for the establishment and 29 operation of the domestic violence program from: 30 (1) the federal government; 31 4 SENATE BILL 439 (2) local governments; and 1 (3) private sources.] 2 (B) (1) IN THIS SUBSECTION , “FUND” MEANS THE VICTIMS OF DOMESTIC 3 VIOLENCE PROGRAM GRANT FUND. 4 (2) THERE IS A VICTIMS OF DOMESTIC VIOLENCE PROGRAM GRANT 5 FUND. 6 (3) THE PURPOSE OF THE FUND IS TO PROVIDE GRANTS TO PUBLIC 7 OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS 8 CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE 9 COALITION. 10 (4) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 11 VICTIM SERVICES SHALL : 12 (I) ADMINISTER THE FUND; AND 13 (II) ESTABLISH PROCEDURES TO AWARD GRANTS FROM THE 14 FUND. 15 (5) GRANTS MAY BE USED BY PROGRAMS CERTIFIED B Y THE 16 FEDERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION FOR PROGRAM 17 OPERATIONS, INCLUDING ESTABLISHI NG ADDITIONAL SHELTERS . 18 (6) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 19 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 20 (II) THE STATE TREASURER SHALL HOLD THE FUND 21 SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 22 (7) THE FUND CONSISTS OF : 23 (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 24 FUND; 25 (II) ANY INTEREST EARNING S OF THE FUND; AND 26 (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 27 FOR THE BENEFIT OF T HE FUND. 28 SENATE BILL 439 5 (8) THE EXECUTIVE DIRECTOR SHALL ATTEMP T TO SECURE 1 FUNDING FOR THE FUND, INCLUDING IN–KIND CONTRIBUTIONS , FROM: 2 (I) THE FEDERAL GOVERNMENT ; 3 (II) LOCAL GOVERNMENTS ; AND 4 (III) PRIVATE SOURCES . 5 (9) THE FUND MAY BE USED ONLY TO PROVIDE GRANTS TO PU BLIC 6 OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS 7 CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLENCE 8 COALITION. 9 (10) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 10 FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 11 (II) ANY INTEREST EARNING OF THE FUND SHALL BE CREDITE D 12 TO THE FUND. 13 (11) THE GOVERNOR MAY INCLUDE IN THE ANNUAL BUDGET BILL AN 14 APPROPRIATION ANNUAL LY OF $5,000,000 TO THE FUND. 15 Article – State Finance and Procurement 16 6–226. 17 (a) (2) (i) Notwithstanding any other provision of law, and unless 18 inconsistent with a federal law, grant agreement, or other federal requirement or with the 19 terms of a gift or settlement agreement, net interest on all State money allocated by the 20 State Treasurer under this section to special funds or accounts, and otherwise entitled to 21 receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 22 Fund of the State. 23 (ii) The provisions of subparagraph (i) of this paragraph do not apply 24 to the following funds: 25 189. the Teacher Retention and Development Fund; [and] 26 190. the Protecting Against Hate Crimes Grant Fund; AND 27 191. THE VICTIMS OF DOMESTIC VIOLENCE PROGRAM 28 GRANT FUND. 29 6 SENATE BILL 439 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 October 1, 2024. 2 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.