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. *hb0384* HOUSE BILL 384 O3, P1 5lr2026 CF SB 157 By: Delegates Lehman, Acevero, Allen, Feldmark, Foley, Guyton, Guzzone, Harris, Ivey, Kaufman, J. Long, Patterson, Ruth, Spiegel, Taveras, Taylor, Terrasa, Turner, Williams, Wims, Woods, Woorman, and Ziegler Ziegler, Pena–Melnyk, Cullison, Alston, Bagnall, Bhandari, Hill, Hutchinson, S. Johnson, Kaiser, Kerr, Kipke, Lopez, Martinez, Reilly, Rosenberg, Ross, and White Holland Introduced and read first time: January 16, 2025 Assigned to: Health and Government Operations Committee Report: Favorable with amendments House action: Adopted Read second time: March 14, 2025 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 2024 Supplement) 12 BY adding to 13 Article – Human Services 14 Section 7–1201 through 7–1206 to be under the new subtitle “Subtitle 12. Maryland 15 Disability Service Animal Program” 16 Annotated Code of Maryland 17 (2019 Replacement Volume and 2024 Supplement) 18 2 HOUSE BILL 384 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Human Services 3 7–114. 4 (a) (1) The Department is the principal unit of State government responsible 5 for developing, maintaining, revising, and enforcing statewide disability policies and 6 standards throughout the units of State government. 7 (2) In this capacity, the Department shall: 8 (i) serve as the principal advisor to the Governor on the means and 9 methods available to: 10 1. implement and fund support to individuals with 11 disabilities in accordance with the State Disabilities Plan; 12 2. modify or consolidate support to individuals with 13 disabilities; and 14 3. collaborate with federal, regional, and local units of 15 government to enhance the effectiveness of the provision and funding of support to 16 individuals with disabilities; 17 (ii) annually recommend projects to the Department of Budget and 18 Management for inclusion in the capital budget to promote access to State–owned facilities 19 for individuals with disabilities; 20 (iii) assist units of State government to identify federal, State, local, 21 and private funds available to the State for programs and services for individuals with 22 disabilities; and 23 (iv) provide technical assistance to local jurisdictions in planning and 24 implementing collaborative strategies consistent with the State Disabilities Plan. 25 (b) The Department shall oversee and administer the following programs and 26 units: 27 (1) constituent services and ombudsmen programs; 28 (2) the Assistive Technology Guaranteed Loan Program under Subtitle 6 29 of this title; 30 HOUSE BILL 384 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 Accessible 5 Information for Disabled Individuals under Subtitle 9 of this title; AND 6 (6) THE MARYLAND DISABILITY SERVICE ANIMAL PROGRAM UNDER 7 SUBTITLE 12 OF THIS TITLE. 8 SUBTITLE 12. MARYLAND DISABILITY SERVICE ANIMAL PROGRAM. 9 7–1201. 10 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11 INDICATED. 12 (B) “DEPARTMENT ” MEANS THE DEPARTMENT OF DISABILITIES. 13 (C) “ELIGIBLE INDIVIDUAL ” MEANS AN INDIVIDUAL A RESIDENT OF THE 14 STATE WITH A DISABILITY , AS DEFINED IN THE FE DERAL AMERICANS WITH 15 DISABILITIES ACT OF 1990, 42 U.S.C. § 12102. 16 (D) “FUND” MEANS THE MARYLAND DISABILITY SERVICE ANIMAL 17 PROGRAM FUND. 18 (E) “NONPROFIT TRAINING EN TITY” MEANS A CORPORATION , A 19 FOUNDATION , OR ANY OTHER LEGAL E NTITY THAT: 20 (1) IS TAX–EXEMPT UNDER § 501(C)(3) OF THE INTERNAL REVENUE 21 CODE; 22 (2) ENGAGES IN THE TRAIN ING OF SERVICE ANIMA LS FOR USE BY 23 ELIGIBLE INDIVIDUALS ; AND 24 (3) HAS BEEN SELECTED BY THE DEPARTMENT TO PROVIDE 25 SERVICES UNDER THIS SUBTITLE. 26 (F) “PROGRAM” MEANS THE MARYLAND DISABILITY SERVICE ANIMAL 27 PROGRAM ESTABLISHED U NDER THIS SUBTITLE . 28 (G) “PROGRAM PARTICIPANT ” MEANS AN ELIGIBLE IN DIVIDUAL WHO 29 PARTICIPATES IN THE PROGRAM. 30 4 HOUSE BILL 384 (H) (1) “SERVICE ANIMAL ” MEANS AN ANIMAL THAT IS INDIVIDUALLY 1 TRAINED TO DO WORK O R PERFORM TASKS FOR THE BENEFIT OF A N INDIVIDUAL 2 WITH A DISABILITY. 3 (2) “SERVICE ANIMAL ” DOES NOT INCLUDE AN ANIMAL THAT: 4 (I) AS A RESULT OF THE A NIMAL’S PRESENCE, IS MEANT TO 5 DETER CRIME; OR 6 (II) PROVIDES ONLY EMOTIO NAL SUPPORT , WELL–BEING, 7 COMFORT, OR COMPANI ONSHIP TO AN INDIVID UAL. 8 (I) “SUCCESSFUL PROGRAM PARTICIPANT ” MEANS A PROGRAM 9 PARTICIPANT WHO SUCC ESSFULLY COMPLETES T HE TRAINING PROTOCOL 10 SPECIFIED BY A NONPR OFIT TRAINING ENTITY . 11 7–1202. 12 THERE IS A MARYLAND DISABILITY SERVICE ANIMAL PROGRAM IN THE 13 DEPARTMENT . 14 7–1203. 15 THE PURPOSES OF THE PROGRAM ARE TO : 16 (1) REFER ELIGIBLE INDIV IDUALS WHO INQUIRE A BOUT 17 PARTICIPATION IN THE PROGRAM TO SELECT ONE OR MORE NONPROFI T TRAINING 18 ENTITIES TO PARTICIPATE IN TH E PROGRAM; AND 19 (2) PROVIDE ADDITIONAL FUNDING MECHANISMS T O ASSIST 20 ELIGIBLE INDIVIDUALS IN THE PROGRAM; AND 21 (3) ENCOURAGE SUCCESSFUL PROGRAM PARTICIPANTS TO ASSIST IN 22 OUTREACH AND REFERRA LS TO OTHER ELIGIBLE INDIVIDUALS WHO COUL D 23 BENEFIT FROM PARTICI PATION IN THE PROGRAM. 24 7–1204. 25 THE DEPARTMENT SHALL : 26 (1) MANAGE, SUPERVISE, AND ADMINISTER THE PROGRAM; 27 (2) ADOPT REGULATIONS TO IMPLEMENT THE PROGRAM AND TO 28 ENSURE THAT FUND RESOURCES ARE UT ILIZED TO CARRY OUT THE PURPOSES OF 29 HOUSE BILL 384 5 THE PROGRAM, INCLUDING REGULATION S ESTABLISHING PROCE DURES FOR THE 1 DEPARTMENT TO : 2 (I) PROMOTE THE PROGRAM TO ELIGIBLE I NDIVIDUALS 3 THROUGH THE DEPARTMENT ’S OUTREACH METHODS ; 4 (II) REFER ELIGIBLE INDIV IDUALS TO SELECTED N ONPROFIT 5 TRAINING ENTITIES ; 6 (III) RECEIVE DONATIONS FO R THE FUND; AND 7 (IV) (II) USE REVENUE FROM THE FUND TO PAY SELECTED 8 NONPROFIT TRAINING E NTITIES FOR SERVICES THAT ARE PROVIDED TH ROUGH THE 9 PROGRAM; AND 10 (3) SELECT AT LEAST ONE NONPROFIT TRAINING E NTITY TO: 11 (I) DEVELOP AND IMPLEMEN T A TRAINING PROTOCO L THAT 12 WILL TEACH EACH PROGRAM PARTICIPANT M ETHODOLOGIES , STRATEGIES, AND 13 TECHNIQUES FOR PARTN ERING WITH SERVICE A NIMALS; 14 (II) SELECT QUALIFIED PROGRAM PARTICIPANTS FROM THOSE 15 ELIGIBLE INDIVIDUALS REFERRED TO THE NONP ROFIT TRAINING ENTIT Y UNDER 16 THE PROGRAM; 17 (III) SELECT AN APPROPRIATE SERVI CE ANIMAL FOR EACH 18 PROGRAM PARTICIPANT ; 19 (IV) FACILITATE EACH PROGRAM PARTICIPANT ’S TRAINING 20 USING THE NONPROFIT TRAINING ENTITY ’S TRAINING PROTOCOL ; AND 21 (V) PARTNER EACH SUCCESS FUL PROGRAM PARTICIPANT W ITH 22 THE SERVICE ANIMAL O N THE PROGRAM PARTICIPANT ’S SUCCESSFUL COMPLET ION 23 OF THE NONPROFIT TRA INING ENTITY’S TRAINING PROTOCOL . 24 7–1205. 25 (A) TO BE ELIGIBLE FOR SE LECTION AS A NONPROF IT TRAINING ENTITY 26 UNDER § 7–1204 OF THIS SUBTITLE, A NONPROFIT TRAINING ENTITY SHALL: 27 (1) SERVE THE NEEDS OF ELIGI BLE INDIVIDUALS IN T HE STATE; AND 28 (2) GENERATE ITS OWN REV ENUE AND REINVEST TH E PROCEEDS OF 29 THAT REVENUE IN THE GROWTH AND DEVELOPME NT OF ITS PROGRAMS . 30 6 HOUSE BILL 384 (B) A NONPROFIT TRAINING E NTITY MAY DISQUALIFY A PROGRAM 1 PARTICIPANT FROM PAR TICIPATION IN THE PROGRAM IF THE NONPRO FIT 2 TRAINING ENTITY DETE RMINES THAT THE PROGRAM PARTICIPANT ’S INVOLVEMENT 3 IN THE PROGRAM: 4 (1) PRESENTS A DANGER TO THE PROGRAM PARTICIPANT ’S MENTAL 5 OR PHYSICAL WELL –BEING; 6 (2) PRESENTS A DIRECT TH REAT TO OTHERS , AS DEFINED BY THE 7 FEDERAL AMERICANS WITH DISABILITIES ACT; 8 (3) PRESENTS A DIRECT TH REAT TO THE SERVICE ANIMA L’S MENTAL 9 OR PHYSICAL WELL –BEING; OR 10 (4) DOES NOT MEET THE TR AINING REQUIREMENTS OF THE 11 NONPROFIT. 12 (C) A PROGRAM PARTICIPANT M AY DISCONTINUE INVOLVEMENT IN THE 13 PROGRAM FOR ANY REASO N. 14 7–1206. 15 (A) THERE IS A MARYLAND DISABILITY SERVICE ANIMAL PROGRAM FUND. 16 (B) THE PURPOSE OF THE FUND IS TO: 17 (1) PAY A NONPROFIT TRAI NING ENTITY; AND 18 (2) COVER THE COSTS OF A DMINISTERING THE PROGRAM. 19 (C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 20 (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 21 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 22 (2) THE STATE TREASURER SHALL HOLD THE FUND, AND THE 23 COMPTROLLER SHALL ACC OUNT FOR THE FUND. 24 (E) (1) THE FUND CONSISTS OF : 25 (I) REVENUE COLLECTED BY THE DEPARTMENT IN THE FOR M 26 OF DONATIONS TO THE PROGRAM; 27 HOUSE BILL 384 7 (II) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 1 FUND; AND 2 (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 3 FOR THE BENEFIT OF THE FUND. 4 (2) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE 5 ANNUAL BUDGET BILL A N APPROPRIATION OF $25,000 TO THE FUND. 6 (2) (3) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 7 ACCORDANCE WITH THE STATE BUDGET . 8 (3) (4) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO 9 AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD 10 BE APPROPRIATED FOR THE PROGRAM. 11 (F) THE FUND MAY BE USED ONLY TO PAY: 12 (1) A NONPROFIT TRAINING ENTITY; AND 13 (2) ADMINISTRATIVE CO STS OF THE PROGRAM. 14 (G) (1) THE STATE TREASURER SHALL INVES T AND REINVEST THE 15 MONEY OF THE FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE 16 INVESTED. 17 (2) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE CREDITE D 18 TO THE GENERAL FUND OF THE STATE. 19 (H) FOR THE PURPOSE OF IM PLEMENTING THIS SECT ION, THE 20 DEPARTMENT MAY ACCEPT GIFTS OR GRANTS FOR DONATION TO THE FUND. 21 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 October 1, 2025: 23 (a) This Act is contingent on the Department of Disabilities certifying that the 24 Department has sufficient staff to administer the Maryland Disability Service Animal 25 Program under Title 7, Subtitle 12 of the Human Services Article, as enacted by Section 1 26 of this Act. 27 (b) On or before October 1, 2026, the Department of Disabilities shall notify the 28 Department of Legislative Services whether the Department has certified that the 29 Department has sufficient staff to administer the Maryland Disability Service Animal 30 Program. 31 8 HOUSE BILL 384 (c) (1) If the Department of Legislative Services receives notification that the 1 Department of Disabilities has sufficient staff to administer the Maryland Disability 2 Service Animal Program on or before October 1, 2026, this Act shall take effect on the date 3 the notice is received by the Department of Legislative Services in accordance with 4 subsection (b) of this section. 5 (2) If the Department of Legislative Services receives notice that the 6 Department of Disabilities lacks sufficient staff to administer the Maryland Disability 7 Service Animal Program on or before October 1, 2026, this Act, with no further action 8 required by the General Assembly, shall be null and void. 9 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.