EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0796*
SENATE BILL 796
O3, P1 4lr0476
By: Senators Simonaire, King, Elfreth, and Carozza
Introduced and read first time: February 1, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Maryland Disability Service Animal Program – Established 2
FOR the purpose of establishing the Maryland Disability Service Animal Program in the 3
Department of Disabilities; requiring the Department to select a nonprofit training 4
entity for participation in the Program; establishing the Maryland Disability Service 5
Animal Program Fund as a special, nonlapsing fund; and generally relating to the 6
Maryland Disability Service Animal Program. 7
BY repealing and reenacting, with amendments, 8
Article – Human Services 9
Section 7–114 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2023 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Human Services 14
Section 7–401(a) and (d) 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2023 Supplement) 17
BY adding to 18
Article – Human Services 19
Section 7–1101 through 7–1106 to be under the new subtitle “Subtitle 11. Maryland 20
Disability Service Animal Program” 21
Annotated Code of Maryland 22
(2019 Replacement Volume and 2023 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Human Services 26 2 SENATE BILL 796
7–114. 1
(a) (1) The Department is the principal unit of State government responsible 2
for developing, maintaining, revising, and enforcing statewide disability policies and 3
standards throughout the units of State government. 4
(2) In this capacity, the Department shall: 5
(i) serve as the principal advisor to the Governor on the means and 6
methods available to: 7
1. implement and fund support to individuals with 8
disabilities in accordance with the State Disabilities Plan; 9
2. modify or consolidate support to individuals with 10
disabilities; and 11
3. collaborate with federal, regional, and local units of 12
government to enhance the effectiveness of the provision and funding of support to 13
individuals with disabilities; 14
(ii) annually recommend projects to the Department of Budget and 15
Management for inclusion in the capital budget to promote access to State–owned facilities 16
for individuals with disabilities; 17
(iii) assist units of State government to identify federal, State, local, 18
and private funds available to the State for programs and services for individuals with 19
disabilities; and 20
(iv) provide technical assistance to local jurisdictions in planning and 21
implementing collaborative strategies consistent with the State Disabilities Plan. 22
(b) The Department shall oversee and administer the following programs and 23
units: 24
(1) constituent services and ombudsmen programs; 25
(2) the Assistive Technology Guaranteed Loan Program under Subtitle 6 26
of this title; 27
(3) the Office of Personal Assistance Services, including the Attendant 28
Care Program under Subtitle 4 of this title; 29
(4) Telecommunications Access of Maryland under Subtitle 8 of this title; 30
[and] 31
SENATE BILL 796 3
(5) Telecommunications Devices and Distribution of Accessible 1
Information for Disabled Individuals under Subtitle 9 of this title; AND 2
(6) THE MARYLAND DISABILITY SERVICE ANIMAL PROGRAM UNDER 3
SUBTITLE 11 OF THIS TITLE. 4
7–401. 5
(a) In this subtitle the following words have the meanings indicated. 6
(d) “Eligible individual” means an individual who: 7
(1) is at least 18 years old and under the age of 65 years at the time of the 8
initial eligibility determination; and 9
(2) has a severe chronic or permanent physical disability that precludes or 10
significantly impairs the individual’s independent performance of essential activities of 11
daily living, self–care, or mobility. 12
SUBTITLE 11. MARYLAND DISABILITY SERVICE ANIMAL PROGRAM. 13
7–1101. 14
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(B) “DEPARTMENT ” MEANS THE DEPARTMENT OF DISABILITIES. 17
(C) “ELIGIBLE INDIVIDUAL ” HAS THE MEANING STAT ED IN § 7–401 OF THIS 18
TITLE. 19
(D) “FUND” MEANS THE MARYLAND DISABILITY SERVICE ANIMAL 20
PROGRAM FUND. 21
(E) “NONPROFIT TRAINING EN TITY” MEANS A CORPORATION , A 22
FOUNDATION , OR ANY OTHER LEGAL E NTITY THAT: 23
(1) IS TAX–EXEMPT UNDER § 501(C)(3) OF THE INTERNAL REVENUE 24
CODE; 25
(2) ENGAGES IN THE TRAIN ING OF SERVICE ANIMALS FOR USE BY 26
ELIGIBLE INDIVIDUALS ; AND 27
(3) HAS BEEN SELECTED BY THE DEPARTMENT TO PROVIDE 28
SERVICES UNDER THIS SUBTITLE. 29 4 SENATE BILL 796
(F) “PROGRAM” MEANS THE MARYLAND DISABILITY SERVICE ANIMAL 1
PROGRAM ESTABLISHED U NDER THIS SUBTITLE . 2
(G) “PROGRAM PARTICIPANT ” MEANS AN ELIGIBLE IN DIVIDUAL WHO 3
PARTICIPATES IN THE PROGRAM. 4
(H) (1) “SERVICE ANIMAL” MEANS AN ANIMAL THAT IS INDIVIDUALLY 5
TRAINED TO DO WORK O R PERFORM TASKS FOR THE BENEFIT OF AN INDIVID UAL 6
WITH A DISABILITY. 7
(2) “SERVICE ANIMAL ” DOES NOT INCLUDE AN ANIMAL THAT: 8
(I) AS A RESULT OF THE A NIMAL’S PRESENCE, IS MEANT TO 9
DETER CRIME; OR 10
(II) PROVIDES ONLY EMOTIO NAL SUPPORT , WELL–BEING, 11
COMFORT, OR COMPANIONSHIP TO AN INDIVIDUAL. 12
(I) “SUCCESSFUL PROGRAM PARTICIPANT ” MEANS A PROGRAM 13
PARTICIPANT WHO SUCC ESSFULLY COMPLETES T HE TRAINING PROTOCOL 14
SPECIFIED BY A NONPR OFIT TRAINING ENTITY . 15
7–1102. 16
THERE IS A MARYLAND DISABILITY SERVICE ANIMAL PROGRAM IN THE 17
DEPARTMENT . 18
7–1103. 19
THE PURPOSES OF THE PROGRAM ARE TO : 20
(1) REFER ELIGIBLE INDIV IDUALS WHO INQUIRE A BOUT 21
PARTICIPATION IN THE PROGRAM TO ONE OR MOR E NONPROFIT TRAINING 22
ENTITIES; 23
(2) PROVIDE ADDITIONAL F UNDING MECHANISMS TO ASSIST 24
ELIGIBLE INDIVIDUALS IN THE PROGRAM; AND 25
(3) ENCOURAGE SUCCESSFUL PROGRAM PARTICIPANTS TO ASSIST IN 26
OUTREACH AND REFERRA LS TO OTHER ELIGIBLE INDIVIDUALS WHO COULD 27
BENEFIT FROM PARTICI PATION IN THE PROGRAM. 28
SENATE BILL 796 5
7–1104. 1
THE DEPARTMENT SHALL : 2
(1) MANAGE, SUPERVISE, AND ADMINISTER THE PROGRAM; 3
(2) ADOPT REGULATIONS TO IMPLEMENT THE PROGRAM AND TO 4
ENSURE THAT FUND RESOURCES ARE UT ILIZED TO CARRY OUT THE PURPOSES OF 5
THE PROGRAM, INCLUDING REGULATION S ESTABLISHING PROCEDU RES FOR THE 6
DEPARTMENT TO : 7
(I) PROMOTE THE PROGRAM TO ELIG IBLE INDIVIDUALS 8
THROUGH THE DEPARTMENT ’S OUTREACH METHODS ; 9
(II) REFER ELIGIBLE INDIV IDUALS TO SELECTED N ONPROFIT 10
TRAINING ENTITIES ; 11
(III) RECEIVE DONATIONS FO R THE FUND; AND 12
(IV) USE REVENUE FROM THE FUND TO PAY SELECTED 13
NONPROFIT TRAINING E NTITIES FOR SERVICES T HAT ARE PROVIDED THR OUGH THE 14
PROGRAM; AND 15
(3) SELECT AT LEAST ONE NONPROFIT TRAINING E NTITY TO: 16
(I) DEVELOP AND IMPLEMEN T A TRAINING PROTOCO L THAT 17
WILL TEACH EACH PROGRAM PARTICIPANT METHODOL OGIES, STRATEGIES, AND 18
TECHNIQUES FOR PARTN ERING WITH SERVICE ANIMALS; 19
(II) SELECT QUALIFIED PROGRAM PARTICIPANTS FROM THOSE 20
ELIGIBLE INDIVIDUALS REFERRED TO THE NONP ROFIT ENTITY UNDER T HE 21
PROGRAM; 22
(III) SELECT AN APPROPRIAT E SERVICE ANIMAL FOR EACH 23
PROGRAM PARTICIPANT ; 24
(IV) FACILITATE EACH PROGRAM PARTICIPANT ’S TRAINING 25
USING THE NONPROFIT TRAINING ENTITY ’S TRAINING PROTOCOL ; AND 26
(V) PARTNER EACH SUCCESS FUL PROGRAM PARTICIPANT W ITH 27
THE SERVICE ANIMAL ON THE PROGRAM PARTICIPANT ’S SUCCESSFUL COMPLET ION 28
OF THE NONPROFIT TRA INING ENTITY’S TRAINING PROTOCOL . 29
6 SENATE BILL 796
7–1105. 1
(A) TO BE ELIGIBLE FOR SE LECTION AS A NONPROF IT TRAINING ENTITY 2
UNDER § 7–1104 OF THIS SUBTITLE, A NONPROFIT TRAINING ENTITY SHALL: 3
(1) SERVE THE NEEDS OF E LIGIBLE INDIVIDUALS IN THE STATE; AND 4
(2) GENERATE ITS OWN REV ENUE AND REINVEST TH E PROCEEDS OF 5
THAT REVENUE IN THE GROWTH AND DEVELOPME NT OF ITS PROGRAMS . 6
(B) A NONPROFIT TRAINING E NTITY MAY DISQUALIFY A PROGRAM 7
PARTICIPANT FRO M PARTICIPATION IN T HE PROGRAM IF THE NONPRO FIT 8
TRAINING ENTITY DETE RMINES THAT THE PROGRAM PARTICIPANT ’S INVOLVEMENT 9
IN THE PROGRAM: 10
(1) PRESENTS A DANGER TO THE PROGRAM PARTICIPANT ’S MENTAL 11
OR PHYSICAL WELL –BEING; 12
(2) HAS CAUSED OR MAY PO TENTIALLY CAUSE HARM TO OTHERS , AN 13
ANIMAL, OR PROPERTY ; 14
(3) PRESENTS A DANGER TO THE SERVICE ANIMAL’S MENTAL OR 15
PHYSICAL WELL –BEING; OR 16
(4) DOES NOT MEET THE TR AINING REQUIREMENTS OF THE 17
NONPROFIT. 18
(C) A PROGRAM PARTICIPANT M AY DISCONTINUE INVOL VEMENT IN THE 19
PROGRAM FOR ANY REASO N. 20
7–1106. 21
(A) THERE IS A MARYLAND DISABILITY ANIMAL SERVICE FUND. 22
(B) THE PURPOSE OF THE FUND IS TO: 23
(1) PAY A NONPROFIT TRAI NING ENTITY; AND 24
(2) COVER THE COSTS OF A DMINISTERING THE PROGRAM. 25
(C) THE SECRETARY SHALL ADMI NISTER THE FUND. 26
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 27 SENATE BILL 796 7
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 1
(2) THE STATE TREASURER SHALL HOLD THE FUND, AND THE 2
COMPTROLLER SHALL ACC OUNT FOR THE FUND. 3
(E) (1) THE FUND CONSISTS OF: 4
(I) REVENUE COLLECTED BY THE DEPARTMENT IN THE FOR M 5
OF DONATIONS TO THE PROGRAM; 6
(II) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 7
FUND; AND 8
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED 9
FOR THE BENEFIT OF T HE FUND. 10
(2) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 11
ACCORDANCE WITH THE STATE BUDGET . 12
(3) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO AND IS 13
NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD BE 14
APPROPRIATED FOR THE PROGRAM. 15
(F) THE FUND MAY BE USED ONLY TO PAY: 16
(1) A NONPROFIT TRAINING ENTITY; AND 17
(2) ADMINISTRATIVE COSTS OF THE PROGRAM. 18
(G) (1) THE STATE TREASURER SHALL INVES T AND REINVEST THE 19
MONEY OF THE FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE 20
INVESTED. 21
(2) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE CREDITE D 22
TO THE GENERAL FUND OF THE STATE. 23
(H) FOR THE PURPOSE OF IM PLEMENTING THIS SECT ION, THE 24
DEPARTMENT MAY ACCEPT GIFTS OR GRANTS FOR DONATION TO THE FUND. 25
SECTION 2. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 26
October 1, 2024. 27