MD
Maryland Senate Bill SB439

Maryland 2024 Regular Session

Maryland Senate Bill SB439 Compare Versions

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1- WES MOORE, Governor Ch. 767
21
3-– 1 –
4-Chapter 767
5-(Senate Bill 439)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *sb0439*
89
9-Family Law – Victims of Domestic Violence Program – Certification and Grant
10-Fund
10+SENATE BILL 439
11+D4 4lr1773
12+ CF HB 656
13+By: Senators Elfreth, Hettleman, Kelly, and Salling Salling, and Jackson
14+Introduced and read first time: January 22, 2024
15+Assigned to: Judicial Proceedings and Budget and Taxation
16+Committee Report: Favorable
17+Senate action: Adopted with floor amendments
18+Read second time: February 27, 2024
1119
12-FOR the purpose of requiring a victims of domestic violence program to be certified by the
13-federally recognized State domestic violence coalition as a comprehensive domestic
14-violence program; establishing the Victims of Domestic Violence Program Grant
15-Fund as a special, nonlapsing fund in the Governor’s Office of Crime Prevention,
16-Youth, and Victim Services; requiring interest earnings of the Fund to be credited to
17-the Fund; and generally relating to the victims of domestic violence program.
20+CHAPTER ______
1821
19-BY repealing and reenacting, with amendments,
20- Article – Family Law
21-Section 4–515 and 4–516
22- Annotated Code of Maryland
23- (2019 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2423
25-BY repealing and reenacting, without amendments,
26- Article – State Finance and Procurement
27-Section 6–226(a)(2)(i)
28- Annotated Code of Maryland
29- (2021 Replacement Volume and 2023 Supplement)
24+Family Law – Victims of Domestic Violence Program – Certification and Grant 2
25+Fund 3
3026
31-BY repealing and reenacting, with amendments,
32- Article – State Finance and Procurement
33-Section 6–226(a)(2)(ii)189. and 190.
34- Annotated Code of Maryland
35- (2021 Replacement Volume and 2023 Supplement)
27+FOR the purpose of requiring a victims of domestic violence program to be certified by the 4
28+federally recognized State domestic violence coalition as a comprehensive domestic 5
29+violence program; establishing the Victims of Domestic Violence Program Grant 6
30+Fund as a special, nonlapsing fund in the Governor’s Office of Crime Prevention, 7
31+Youth, and Victim Services; requiring interest earnings of the Fund to be credited to 8
32+the Fund; and generally relating to the victims of domestic violence program. 9
3633
37-BY adding to
38- Article – State Finance and Procurement
39-Section 6–226(a)(2)(ii)191.
40- Annotated Code of Maryland
41- (2021 Replacement Volume and 2023 Supplement)
34+BY repealing and reenacting, with amendments, 10
35+ Article – Family Law 11
36+Section 4–515 and 4–516 12
37+ Annotated Code of Maryland 13
38+ (2019 Replacement Volume and 2023 Supplement) 14
4239
43- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
44-That the Laws of Maryland read as follows:
40+BY repealing and reenacting, without amendments, 15
41+ Article – State Finance and Procurement 16
42+Section 6–226(a)(2)(i) 17
43+ Annotated Code of Maryland 18
44+ (2021 Replacement Volume and 2023 Supplement) 19
4545
46-Article – Family Law
46+BY repealing and reenacting, with amendments, 20
47+ Article – State Finance and Procurement 21
48+Section 6–226(a)(2)(ii)189. and 190. 22 2 SENATE BILL 439
4749
48-4–515.
49- Ch. 767 2024 LAWS OF MARYLAND
5050
51-– 2 –
52- (a) (1) The Executive Director shall establish a program in the Governor’s
53-Office of Crime Prevention, Youth, and Victim Services to help victims of domestic violence
54-and their children.
51+ Annotated Code of Maryland 1
52+ (2021 Replacement Volume and 2023 Supplement) 2
5553
56- (2) The purpose of the program is to provide for victims of domestic violence
57-and their children, in each region of this State:
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
5859
59- (i) temporary shelter or help in obtaining shelter;
60+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61+That the Laws of Maryland read as follows: 9
6062
61- (ii) counseling;
63+Article – Family Law 10
6264
63- (iii) information;
65+4–515. 11
6466
65- (iv) referral; and
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
6670
67- (v) rehabilitation.
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
6873
69- (b) As a part of the domestic violence program, there shall be, in a major
70-population center of this State, at least 1 program serving the area.
74+ (i) temporary shelter or help in obtaining shelter; 17
7175
72- (c) Any program established under this section shall be subject to the following
73-conditions:
76+ (ii) counseling; 18
7477
75- (1) the program shall provide victims of domestic violence and their
76-children with a temporary home and necessary counseling;
78+ (iii) information; 19
7779
78- (2) the Governor’s Office of Crime Prevention, Youth, and Victim Services
79-shall:
80+ (iv) referral; and 20
8081
81- (i) supervise the program;
82+ (v) rehabilitation. 21
8283
83- (ii) set standards of care and admission policies;
84+ (b) As a part of the domestic violence program, there shall be, in a major 22
85+population center of this State, at least 1 program serving the area. 23
8486
85- (iii) monitor the operation of the program and annually evaluate the
86-effectiveness of the program;
87+ (c) Any program established under this section shall be subject to the following 24
88+conditions: 25
8789
88- (iv) adopt rules and regulations that set fees for services at and
89-govern the operation of each program; and
90+ (1) the program shall provide victims of domestic violence and their 26
91+children with a temporary home and necessary counseling; 27
9092
91- (v) regularly consult, collaborate with, and consider the
92-recommendations of the federally recognized State domestic violence coalition regarding
93-domestic violence programs and policies, practices, and procedures that impact victims of
94-domestic violence and their children;
95- WES MOORE, Governor Ch. 767
93+ (2) the Governor’s Office of Crime Prevention, Youth, and Victim Services 28
94+shall: 29
9695
97-– 3 –
98- (3) the program shall accept from the police or any other referral source in
99-the community any victim of domestic violence and the child of any victim of domestic
100-violence; [and]
96+ (i) supervise the program; 30
97+ SENATE BILL 439 3
10198
102- (4) housing may not be provided under this subtitle to an applicant for
103-housing who is not a resident of this State at the time the application for housing is made;
104-AND
10599
106- (5) THE PROGRAM SHALL BE CERTIFIED BY THE FED ERALLY
107-RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION AS A CO MPREHENSIVE
108-DOMESTIC VIOLENCE PR OGRAM.
100+ (ii) set standards of care and admission policies; 1
109101
110- [(d) (1) As funds become available, the Executive Director may extend the
111-domestic violence program to other areas in this State.
102+ (iii) monitor the operation of the program and annually evaluate the 2
103+effectiveness of the program; 3
112104
113- (2) Expansion of the domestic violence program may include:
105+ (iv) adopt rules and regulations that set fees for services at and 4
106+govern the operation of each program; and 5
114107
115- (i) establishing additional shelters; or
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
116112
117- (ii) providing funds and technical assistance to a local organization
118-or agency that shows that it is able and willing to run a domestic violence program.]
113+ (3) the program shall accept from the police or any other referral source in 10
114+the community any victim of domestic violence and the child of any victim of domestic 11
115+violence; [and] 12
119116
120-4–516.
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
121120
122- (a) Subject to § 2–1257 of the State Government Article, the Executive Director
123-shall submit to the General Assembly a report on the domestic violence program annually.
121+ (5) THE PROGRAM SHALL BE CERTIFIED BY THE FEDERALLY 16
122+RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION AS A CO MPREHENSIVE 17
123+DOMESTIC VIOLENCE PR OGRAM. 18
124124
125- [(b) In addition to receiving funds from the annual budget, the Executive Director
126-shall attempt to secure funding, including in–kind contributions, for the establishment and
127-operation of the domestic violence program from:
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
128127
129- (1) the federal government;
128+ (2) Expansion of the domestic violence program may include: 21
130129
131- (2) local governments; and
130+ (i) establishing additional shelters; or 22
132131
133- (3) private sources.]
132+ (ii) providing funds and technical assistance to a local organization 23
133+or agency that shows that it is able and willing to run a domestic violence program.] 24
134134
135- (B) (1) IN THIS SUBSECTION , “FUND” MEANS THE VICTIMS OF DOMESTIC
136-VIOLENCE PROGRAM GRANT FUND.
135+4–516. 25
137136
138- (2) THERE IS A VICTIMS OF DOMESTIC VIOLENCE PROGRAM GRANT
139-FUND.
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
140139
141- (3) THE PURPOSE OF THE FUND IS TO PROVIDE GRANTS TO PUBLIC
142-OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS Ch. 767 2024 LAWS OF MARYLAND
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
143143
144-– 4 –
145-CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE
146-COALITION.
144+ (1) the federal government; 31
145+ 4 SENATE BILL 439
147146
148- (4) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
149-VICTIM SERVICES SHALL :
150147
151- (I) ADMINISTER THE FUND; AND
148+ (2) local governments; and 1
152149
153- (II) ESTABLISH PROCEDURES TO AWARD GRANTS FROM THE
154-FUND.
150+ (3) private sources.] 2
155151
156- (5) GRANTS MAY BE USED BY PROGRAMS CERTIFIED B Y THE
157-FEDERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION FOR PROGRAM
158-OPERATIONS, INCLUDING ESTABLISHI NG ADDITIONAL SHELTERS .
152+ (B) (1) IN THIS SUBSECTION , “FUND” MEANS THE VICTIMS OF DOMESTIC 3
153+VIOLENCE PROGRAM GRANT FUND. 4
159154
160- (6) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT
161-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
155+ (2) THERE IS A VICTIMS OF DOMESTIC VIOLENCE PROGRAM GRANT 5
156+FUND. 6
162157
163- (II) THE STATE TREASURER SHALL HOLD THE FUND
164-SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
158+ (3) THE PURPOSE OF THE FUND IS TO PROVIDE GRANTS 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
165162
166- (7) THE FUND CONSISTS OF :
163+ (4) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 11
164+VICTIM SERVICES SHALL : 12
167165
168- (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE
169-FUND;
166+ (I) ADMINISTER THE FUND; AND 13
170167
171- (II) ANY INTEREST EARNINGS OF THE FUND; AND
168+ (II) ESTABLISH PROCEDURES TO AWARD GRANTS FROM THE 14
169+FUND. 15
172170
173- (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED
174-FOR THE BENEFIT OF T HE FUND.
171+ (5) GRANTS MAY BE USED BY PROGRAMS CERTIFIED B Y THE 16
172+FEDERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE COALITION FOR PROGRAM 17
173+OPERATIONS, INCLUDING ESTABLISHI NG ADDITIONAL SHELTERS . 18
175174
176- (8) THE EXECUTIVE DIRECTOR SHALL ATTEMP T TO SECURE
177-FUNDING FOR THE FUND, INCLUDING IN–KIND CONTRIBUTIONS , FROM:
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
178177
179- (I) THE FEDERAL GOVERNMENT ;
178+ (II) THE STATE TREASURER SHALL HOLD THE FUND 21
179+SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 22
180180
181- (II) LOCAL GOVERNMENTS ; AND
181+ (7) THE FUND CONSISTS OF : 23
182182
183- (III) PRIVATE SOURCES .
183+ (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 24
184+FUND; 25
184185
185- (9) THE FUND MAY BE USED ONLY TO PROVIDE GRANTS TO PU BLIC
186-OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS WES MOORE, Governor Ch. 767
186+ (II) ANY INTEREST EARNING S OF THE FUND; AND 26
187187
188-– 5 –
189-CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLEN CE
190-COALITION.
188+ (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 27
189+FOR THE BENEFIT OF T HE FUND. 28
190+ SENATE BILL 439 5
191191
192- (10) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE
193-FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED.
194192
195- (II) ANY INTEREST EARNING OF THE FUND SHALL BE CREDITE D
196-TO THE FUND.
193+ (8) THE EXECUTIVE DIRECTOR SHALL ATTEMP T TO SECURE 1
194+FUNDING FOR THE FUND, INCLUDING IN–KIND CONTRIBUTIONS , FROM: 2
197195
198- (11) THE GOVERNOR MAY INCLUDE IN THE ANNU AL BUDGET BILL AN
199-APPROPRIATION ANNUAL LY OF $5,000,000 TO THE FUND.
196+ (I) THE FEDERAL GOVERNMENT ; 3
200197
201-Article – State Finance and Procurement
198+ (II) LOCAL GOVERNMENTS ; AND 4
202199
203-6–226.
200+ (III) PRIVATE SOURCES . 5
204201
205- (a) (2) (i) Notwithstanding any other provision of law, and unless
206-inconsistent with a federal law, grant agreement, or other federal requirement or with the
207-terms of a gift or settlement agreement, net interest on all State money allocated by the
208-State Treasurer under this section to special funds or accounts, and otherwise entitled to
209-receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
210-Fund of the State.
202+ (9) THE FUND MAY BE USED ONLY TO PROVIDE GRANTS TO PU BLIC 6
203+OR PRIVATE NONPROFIT COMPREHENSIVE DOMEST IC VIOLENCE PROGRAMS 7
204+CERTIFIED BY THE FED ERALLY RECOGNIZED STATE DOMESTIC VIOLENCE 8
205+COALITION. 9
211206
212- (ii) The provisions of subparagraph (i) of this paragraph do not apply
213-to the following funds:
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 IN VESTED. 11
214209
215- 189. the Teacher Retention and Development Fund; [and]
210+ (II) ANY INTEREST EARNING OF THE FUND SHALL BE CREDITE D 12
211+TO THE FUND. 13
216212
217- 190. the Protecting Against Hate Crimes Grant Fund; AND
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
218215
219- 191. THE VICTIMS OF DOMESTIC VIOLENCE PROGRAM
220-GRANT FUND.
216+Article – State Finance and Procurement 16
221217
222- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
223-October 1, 2024.
218+6–226. 17
224219
225-Approved by the Governor, May 16, 2024.
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 SENATE BILL 439
237+
238+
239+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
240+October 1, 2024. 2
241+
242+
243+
244+Approved:
245+________________________________________________________________________________
246+ Governor.
247+________________________________________________________________________________
248+ President of the Senate.
249+________________________________________________________________________________
250+ Speaker of the House of Delegates.