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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 29, 2024
CHAPTER ______
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 2 SENATE BILL 796
(2019 Replacement Volume and 2023 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Human Services 4
7–114. 5
(a) (1) The Department is the principal unit of State government responsible 6
for developing, maintaining, revising, and enforcing statewide disability policies and 7
standards throughout the units of State government. 8
(2) In this capacity, the Department shall: 9
(i) serve as the principal advisor to the Governor on the means and 10
methods available to: 11
1. implement and fund support to individuals with 12
disabilities in accordance with the State Disabilities Plan; 13
2. modify or consolidate support to individuals with 14
disabilities; and 15
3. collaborate with federal, regional, and local units of 16
government to enhance the effectiveness of the provision and funding of support to 17
individuals with disabilities; 18
(ii) annually recommend projects to the Department of Budget and 19
Management for inclusion in the capital budget to promote access to State–owned facilities 20
for individuals with disabilities; 21
(iii) assist units of State government to identify federal, State, local, 22
and private funds available to the State for programs and services for individuals with 23
disabilities; and 24
(iv) provide technical assistance to local jurisdictions in planning and 25
implementing collaborative strategies consistent with the State Disabilities Plan. 26
(b) The Department shall oversee and administer the following programs and 27
units: 28
(1) constituent services and ombudsmen programs; 29
(2) the Assistive Technology Guaranteed Loan Program under Subtitle 6 30
of this title; 31
SENATE BILL 796 3
(3) the Office of Personal Assistance Services, including the Attendant 1
Care Program under Subtitle 4 of this title; 2
(4) Telecommunications Access of Maryland under Subtitle 8 of this title; 3
[and] 4
(5) Telecommunications Devices and Distribution of Accessib le 5
Information for Disabled Individuals under Subtitle 9 of this title; AND 6
(6) THE MARYLAND DISABILITY SERVICE ANIMAL PROGRAM UNDER 7
SUBTITLE 11 OF THIS TITLE. 8
7–401. 9
(a) In this subtitle the following words have the meanings indicated. 10
(d) “Eligible individual” means an individual who: 11
(1) is at least 18 years old and under the age of 65 years at the time of the 12
initial eligibility determination; and 13
(2) has a severe chronic or permanent physical disability that precludes or 14
significantly impairs the individual’s independent performance of essential activities of 15
daily living, self–care, or mobility. 16
SUBTITLE 11. MARYLAND DISABILITY SERVICE ANIMAL PROGRAM. 17
7–1101. 18
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(B) “DEPARTMENT ” MEANS THE DEPARTMENT OF DISABILITIES. 21
(C) “ELIGIBLE INDIVIDUAL ” HAS THE MEANING STAT ED IN § 7–401 OF THIS 22
TITLE MEANS AN INDIVIDUAL WITH A DISABILITY , AS DEFINED IN THE FE DERAL 23
AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. § 12102. 24
(D) “FUND” MEANS THE MARYLAND DISABILITY SERVICE ANIMAL 25
PROGRAM FUND. 26
(E) “NONPROFIT TRAINING EN TITY” MEANS A CORPORATION , A 27
FOUNDATION , OR ANY OTHER LEGAL E NTITY THAT: 28
4 SENATE BILL 796
(1) IS TAX–EXEMPT UNDER § 501(C)(3) OF THE INTERNAL REVENUE 1
CODE; 2
(2) ENGAGES IN THE TRAIN ING OF SERVICE ANIMA LS FOR USE BY 3
ELIGIBLE INDIVIDUALS ; AND 4
(3) HAS BEEN SELECTED BY THE DEPARTMENT TO PROVIDE 5
SERVICES UNDER THIS SUBTITLE. 6
(F) “PROGRAM” MEANS THE MARYLAND DISABILITY SERVICE ANIMAL 7
PROGRAM ESTABLISHED U NDER THIS SUBTITLE . 8
(G) “PROGRAM PARTICIPANT ” MEANS AN ELIGIBLE IN DIVIDUAL WHO 9
PARTICIPATES IN THE PROGRAM. 10
(H) (1) “SERVICE ANIMAL ” MEANS AN ANIMAL THAT IS INDIVIDUALLY 11
TRAINED TO DO WORK O R PERFORM TASKS FOR THE BENEFIT OF AN IN DIVIDUAL 12
WITH A DISABILITY. 13
(2) “SERVICE ANIMAL ” DOES NOT INCLUDE AN ANIMAL THAT: 14
(I) AS A RESULT OF THE A NIMAL’S PRESENCE, IS MEANT TO 15
DETER CRIME; OR 16
(II) PROVIDES ONLY EMOTIO NAL SUPPORT , WELL–BEING, 17
COMFORT, OR COMPANIONSHIP TO AN INDIVIDUAL. 18
(I) “SUCCESSFUL PROGRAM PARTICIPANT ” MEANS A PROGRAM 19
PARTICIPANT WHO SUCC ESSFULLY COMPLETES T HE TRAINING PROTOCOL 20
SPECIFIED BY A NONPR OFIT TRAINING ENTITY . 21
7–1102. 22
THERE IS A MARYLAND DISABILITY SERVICE ANIMAL PROGRAM IN THE 23
DEPARTMENT . 24
7–1103. 25
THE PURPOSES OF THE PROGRAM ARE TO : 26
(1) REFER ELIGIBLE INDIV IDUALS WHO INQUIRE A BOUT 27
PARTICIPATION IN THE PROGRAM TO ONE OR MOR E NONPROFIT TRAINING 28
ENTITIES; 29
SENATE BILL 796 5
(2) PROVIDE ADDITIONAL F UNDING MECHANISMS TO ASSIST 1
ELIGIBLE INDIVIDUALS IN THE PROGRAM; AND 2
(3) ENCOURAG E SUCCESSFUL PROGRAM PARTICIPANTS TO ASSIST IN 3
OUTREACH AND REFERRA LS TO OTHER ELIGIBLE INDIVIDUALS WHO COUL D 4
BENEFIT FROM PARTICI PATION IN THE PROGRAM. 5
7–1104. 6
THE DEPARTMENT SHALL : 7
(1) MANAGE, SUPERVISE, AND ADMINISTER THE PROGRAM; 8
(2) ADOPT REGULATIONS TO IMPLE MENT THE PROGRAM AND TO 9
ENSURE THAT FUND RESOURCES ARE UT ILIZED TO CARRY OUT THE PURPOSES OF 10
THE PROGRAM, INCLUDING REGULATION S ESTABLISHING PROCE DURES FOR THE 11
DEPARTMENT TO : 12
(I) PROMOTE THE PROGRAM TO ELIGIBLE I NDIVIDUALS 13
THROUGH T HE DEPARTMENT ’S OUTREACH METHODS ; 14
(II) REFER ELIGIBLE INDIV IDUALS TO SELECTED N ONPROFIT 15
TRAINING ENTITIES ; 16
(III) RECEIVE DONATIONS FO R THE FUND; AND 17
(IV) USE REVENUE FROM THE FUND TO PAY SELECTED 18
NONPROFIT TRAINING E NTITIES FOR SERVICES THAT ARE PROVIDED THROUGH T HE 19
PROGRAM; AND 20
(3) SELECT AT LEAST ONE NONPROFIT TRAINING E NTITY TO: 21
(I) DEVELOP AND IMPLEMEN T A TRAINING PROTOCO L THAT 22
WILL TEACH EACH PROGRAM PARTICIPANT M ETHODOLOGIES , STRATEGIES, AND 23
TECHNIQUES FOR PARTN ERING WITH SERVICE A NIMALS; 24
(II) SELECT QUALIFIED PROGRAM PARTICIPANTS FROM THOSE 25
ELIGIBLE INDIVIDUALS REFERRED TO THE NONP ROFIT ENTITY UNDER T HE 26
PROGRAM; 27
(III) SELECT AN APPROPRIAT E SERVICE ANIMAL FOR EACH 28
PROGRAM PARTICIPANT ; 29
6 SENATE BILL 796
(IV) FACILITATE EACH PROGRAM PARTICIPANT’S TRAINING 1
USING THE NONPROFIT TRAINING ENTITY ’S TRAINING PROTOCOL ; AND 2
(V) PARTNER EACH SUCCESS FUL PROGRAM PARTICIPANT W ITH 3
THE SERVICE ANIMAL O N THE PROGRAM PARTICIPANT ’S SUCCESSFUL COMPLET ION 4
OF THE NONPROFIT TRA INING ENTITY’S TRAINING PROTOCOL. 5
7–1105. 6
(A) TO BE ELIGIBLE FOR SE LECTION AS A NONPROF IT TRAINING ENTITY 7
UNDER § 7–1104 OF THIS SUBTITLE, A NONPROFIT TRAINING ENTITY SHALL: 8
(1) SERVE THE NEEDS OF E LIGIBLE INDIVIDUALS IN THE STATE; AND 9
(2) GENERATE ITS OWN REV ENUE AND REINVEST THE PROCEED S OF 10
THAT REVENUE IN THE GROWTH AND DEVELOPME NT OF ITS PROGRAMS . 11
(B) A NONPROFIT TRAINING E NTITY MAY DISQUALIFY A PROGRAM 12
PARTICIPANT FROM PAR TICIPATION IN THE PROGRAM IF THE NONPRO FIT 13
TRAINING ENTITY DETE RMINES THAT THE PROGRAM PARTI CIPANT’S INVOLVEMENT 14
IN THE PROGRAM: 15
(1) PRESENTS A DANGER TO THE PROGRAM PARTICIPANT ’S MENTAL 16
OR PHYSICAL WELL –BEING; 17
(2) HAS CAUSED OR MAY PO TENTIALLY CAUSE HARM TO OTHERS, AN 18
ANIMAL, OR PROPERTY ; PRESENTS A DIRECT TH REAT TO OTHERS , AS DEFINED BY 19
THE FEDERAL AMERICANS WITH DISABILITIES ACT; 20
(3) PRESENTS A DANGER DIRECT THREAT TO THE SERVICE ANIMA L’S 21
MENTAL OR PHYSICAL W ELL–BEING; OR 22
(4) DOES NOT MEET THE TR AINING REQUIREMENTS OF THE 23
NONPROFIT. 24
(C) A PROGRAM PARTICIPANT M AY DISCONTINUE INVOLVEMENT IN THE 25
PROGRAM FOR ANY REASO N. 26
7–1106. 27
(A) THERE IS A MARYLAND DISABILITY ANIMAL SERVICE FUND. 28
(B) THE PURPOSE OF THE FUND IS TO: 29
SENATE BILL 796 7
(1) PAY A NONPROFIT TRAI NING ENTITY; AND 1
(2) COVER THE COSTS OF A DMINISTERING THE PROGRAM. 2
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 3
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 4
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 5
(2) THE STATE TREASURER SHALL HOLD THE FUND, AND THE 6
COMPTROLLER SHALL ACC OUNT FOR THE FUND. 7
(E) (1) THE FUND CONSISTS OF : 8
(I) REVENUE COLLECTED BY THE DEPARTMENT IN THE FOR M 9
OF DONATIONS TO THE PROGRAM; 10
(II) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 11
FUND; AND 12
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 13
FOR THE BENEFI T OF THE FUND. 14
(2) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 15
ACCORDANCE WITH THE STATE BUDGET . 16
(3) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO AND IS 17
NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD BE 18
APPROPRIATED FOR THE PROGRAM. 19
(F) THE FUND MAY BE USED ONLY TO PAY: 20
(1) A NONPROFIT TRAINING ENTITY; AND 21
(2) ADMINISTRATIVE COSTS OF THE PROGRAM. 22
(G) (1) THE STATE TREASURER SHALL INVES T AND REINVEST THE 23
MONEY OF THE FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE 24
INVESTED. 25
(2) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE CREDITE D 26
TO THE GENERAL FUND OF THE STATE. 27
(H) FOR THE PURPOSE OF IM PLEMENTING THIS SECT ION, THE 28
DEPARTMENT MAY ACCEPT GIFTS OR GRANTS FOR DONATION TO THE FUND. 29 8 SENATE BILL 796
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.