EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0157* SENATE BILL 157 O3, P1 5lr0612 SB 796/24 – FIN (PRE–FILED) CF 5lr2026 By: Senators Simonaire, Carozza, and Guzzone Requested: May 18, 2024 Introduced and read first time: January 8, 2025 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 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 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Article – Human Services 21 7–114. 22 2 SENATE BILL 157 (a) (1) The Department is the principal unit of State government responsible 1 for developing, maintaining, revising, and enforcing statewide disability policies and 2 standards throughout the units of State government. 3 (2) In this capacity, the Department shall: 4 (i) serve as the principal advisor to the Governor on the means and 5 methods available to: 6 1. implement and fund support to individuals with 7 disabilities in accordance with the State Disabilities Plan; 8 2. modify or consolidate support to individuals with 9 disabilities; and 10 3. collaborate with federal, regional, and local units of 11 government to enhance the effectiveness of the provision and funding of support to 12 individuals with disabilities; 13 (ii) annually recommend projects to the Department of Budget and 14 Management for inclusion in the capital budget to promote access to State–owned facilities 15 for individuals with disabilities; 16 (iii) assist units of State government to identify federal, State, local, 17 and private funds available to the State for programs and services for individuals with 18 disabilities; and 19 (iv) provide technical assistance to local jurisdictions in planning and 20 implementing collaborative strategies consistent with the State Disabilities Plan. 21 (b) The Department shall oversee and administer the following programs and 22 units: 23 (1) constituent services and ombudsmen programs; 24 (2) the Assistive Technology Guaranteed Loan Program under Subtitle 6 25 of this title; 26 (3) the Office of Personal Assistance Services, including the Attendant 27 Care Program under Subtitle 4 of this title; 28 (4) Telecommunications Access of Maryland under Subtitle 8 of this title; 29 [and] 30 (5) Telecommunications Devices and Distri bution of Accessible 31 Information for Disabled Individuals under Subtitle 9 of this title; AND 32 SENATE BILL 157 3 (6) THE MARYLAND DISABILITY SERVICE ANIMAL PROGRAM UNDER 1 SUBTITLE 12 OF THIS TITLE. 2 SUBTITLE 12. MARYLAND DISABILITY SERVICE ANIMAL PROGRAM. 3 7–1201. 4 (A) IN THIS SUBTITLE THE FO LLOWING WORDS HAVE T HE MEANINGS 5 INDICATED. 6 (B) “DEPARTMENT ” MEANS THE DEPARTMENT OF DISABILITIES. 7 (C) “ELIGIBLE INDIVIDUAL ” MEANS AN INDIVIDUAL WITH A DISABILITY, AS 8 DEFINED IN THE FEDER AL AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. 9 § 12102. 10 (D) “FUND” MEANS THE MARYLAND DISABILITY SERVICE ANIMAL 11 PROGRAM FUND. 12 (E) “NONPROFIT TRAINING EN TITY” MEANS A CORPORATION , A 13 FOUNDATION , OR ANY OTHER LEGAL E NTITY THAT: 14 (1) IS TAX–EXEMPT UNDER § 501(C)(3) OF THE INTERNAL REVENUE 15 CODE; 16 (2) ENGAGES IN THE TRAIN ING OF SERVICE ANIMA LS FOR USE BY 17 ELIGIBLE INDIVIDUALS ; AND 18 (3) HAS BEEN SELECTED BY THE DEPARTMENT TO PROVIDE 19 SERVICES UNDER THIS SUBTITLE. 20 (F) “PROGRAM” MEANS THE MARYLAND DISABILITY SERVICE ANIMAL 21 PROGRAM ESTABLISHED UNDER THIS SUBTITLE . 22 (G) “PROGRAM PARTICIPANT ” MEANS AN ELIGIBLE IN DIVIDUAL WHO 23 PARTICIPATES IN THE PROGRAM. 24 (H) (1) “SERVICE ANIMAL ” MEANS AN ANIMAL THAT IS INDIVIDUALLY 25 TRAINED TO DO WORK O R PERFORM TASKS FOR THE BENEFIT OF AN IN DIVIDUAL 26 WITH A DISABILITY. 27 (2) “SERVICE ANIMAL ” DOES NOT INCLUDE AN ANIMAL THAT: 28 4 SENATE BILL 157 (I) AS A RESULT OF THE A NIMAL’S PRESENCE, IS MEANT TO 1 DETER CRIME; OR 2 (II) PROVIDES ONLY EMOTIO NAL SUPPORT , WELL–BEING, 3 COMFORT, OR COMPANIONSHIP TO AN INDIVIDUAL. 4 (I) “SUCCESSFUL PROGRAM PARTICIPANT ” MEANS A PROGRAM 5 PARTICIPANT WHO SUCC ESSFULLY COMPLETES T HE TRAINING PROTOCOL 6 SPECIFIED BY A NONPR OFIT TRAINING ENTITY . 7 7–1202. 8 THERE IS A MARYLAND DISABILITY SERVICE ANIMAL PROGRAM IN THE 9 DEPARTMENT . 10 7–1203. 11 THE PURPOSES OF THE PROGRAM ARE TO : 12 (1) REFER ELIGIBLE INDIV IDUALS WHO INQUIRE A BOUT 13 PARTICIPATION IN THE PROGRAM TO ONE OR MOR E NONPROFIT TRAINING 14 ENTITIES; 15 (2) PROVIDE ADDITIONAL F UNDING MECHANISMS TO ASSIST 16 ELIGIBLE INDIVIDUALS IN THE PROGRAM; AND 17 (3) ENCOURAGE SUC CESSFUL PROGRAM PARTICIPANTS TO ASSIST IN 18 OUTREACH AND REFERRA LS TO OTHER ELIGIBLE INDIVIDUALS WHO COUL D 19 BENEFIT FROM PARTICI PATION IN THE PROGRAM. 20 7–1204. 21 THE DEPARTMENT SHALL : 22 (1) MANAGE, SUPERVISE, AND ADMINISTER THE PROGRAM; 23 (2) ADOPT REGULATIONS TO IMPLE MENT THE PROGRAM AND TO 24 ENSURE THAT FUND RESOURCES ARE UT ILIZED TO CARRY OUT THE PURPOSES OF 25 THE PROGRAM, INCLUDING REGULATION S ESTABLISHING PROCE DURES FOR THE 26 DEPARTMENT TO : 27 (I) PROMOTE THE PROGRAM TO ELIGIBLE I NDIVIDUALS 28 THROUGH THE DEPARTMENT ’S OUTREACH METHODS ; 29 SENATE BILL 157 5 (II) REFER ELIGIBLE INDIV IDUALS TO SELECTED N ONPROFIT 1 TRAINING ENTITIES ; 2 (III) RECEIVE DONATIONS FO R THE FUND; AND 3 (IV) USE REVENUE FROM THE FUND TO PAY SELECTED 4 NONPROFIT TRAINING E NTITIES FOR SERVICES THAT ARE PROVIDED THROUGH THE 5 PROGRAM; AND 6 (3) SELECT AT LEAST ONE NONPROFIT TRAINING E NTITY TO: 7 (I) DEVELOP AND IMPLEMEN T A TRAINING PROTOCO L THAT 8 WILL TEACH EACH PROGRAM PARTICIPANT M ETHODOLOGIES , STRATEGIES, AND 9 TECHNIQUES FOR PARTN ERING WITH SERVICE A NIMALS; 10 (II) SELECT QUALIFIED PROGRAM PARTICIPANTS FROM THOSE 11 ELIGIBLE INDIVIDUALS REFERRED TO THE NONP ROFIT TRAINING ENTITY UNDER 12 THE PROGRAM; 13 (III) SELECT AN APPROPRIAT E SERVICE ANIMAL FOR EACH 14 PROGRAM PARTICIPANT ; 15 (IV) FACILITATE EACH PROGRAM PARTICIPANT ’S TRAINING 16 USING THE NONPROFIT TRAINING ENTITY ’S TRAINING PROTOCOL ; AND 17 (V) PARTNER EACH SUCCESS FUL PROGRAM PARTICIPANT W ITH 18 THE SERVICE ANIMAL O N THE PROGRAM PARTICIPANT ’S SUCCESSFUL COMPLET ION 19 OF THE NONPROFIT TRA INING ENTITY’S TRAINING PROTOCOL. 20 7–1205. 21 (A) TO BE ELIGIBLE FOR SE LECTION AS A NONPROF IT TRAINING ENTITY 22 UNDER § 7–1204 OF THIS SUBTITLE, A NONPROFIT TRAINING ENTITY SHALL: 23 (1) SERVE THE NEEDS OF E LIGIBLE INDIVIDUALS IN THE STATE; AND 24 (2) GENERATE ITS OWN REV ENUE AND REINVEST THE PROCEED S OF 25 THAT REVENUE IN THE GROWTH AND DEVELOPME NT OF ITS PROGRAMS . 26 (B) A NONPROFIT TRAINING E NTITY MAY DISQUALIFY A PROGRAM 27 PARTICIPANT FROM PAR TICIPATION IN THE PROGRAM IF THE NONPRO FIT 28 TRAINING ENTITY DETE RMINES THAT THE PROGRAM PARTI CIPANT’S INVOLVEMENT 29 IN THE PROGRAM: 30 6 SENATE BILL 157 (1) PRESENTS A DANGER TO THE PROGRAM PARTICIPANT ’S MENTAL 1 OR PHYSICAL WELL –BEING; 2 (2) PRESENTS A DIRECT TH REAT TO OTHERS , AS DEFINED BY THE 3 FEDERAL AMERICANS WITH DISABILITIES ACT; 4 (3) PRESENTS A DIRECT TH REAT TO THE SERVICE ANIMA L’S MENTAL 5 OR PHYSICAL WELL –BEING; OR 6 (4) DOES NOT MEET THE TR AINING REQUIREMENTS OF THE 7 NONPROFIT. 8 (C) A PROGRAM PARTICIPANT M AY DISCONTINUE INVOL VEMENT IN THE 9 PROGRAM FOR ANY REASO N. 10 7–1206. 11 (A) THERE IS A MARYLAND DISABILITY SERVICE ANIMAL PROGRAM FUND. 12 (B) THE PURPOSE OF THE FUND IS TO: 13 (1) PAY A NONPROFIT TRAI NING ENTITY; AND 14 (2) COVER THE COSTS OF A DMINISTERING THE PROGRAM. 15 (C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 16 (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 17 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 18 (2) THE STATE TREASURER SHALL HOLD THE FUND, AND THE 19 COMPTROLLER SHALL ACC OUNT FOR THE FUND. 20 (E) (1) THE FUND CONSISTS OF : 21 (I) REVENUE COLLECTED BY THE DEPARTMENT IN THE FORM 22 OF DONATIONS TO THE PROGRAM; 23 (II) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 24 FUND; AND 25 (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 26 FOR THE BENEFIT OF T HE FUND. 27 SENATE BILL 157 7 (2) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 1 ACCORDANCE W ITH THE STATE BUDGET . 2 (3) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO AND IS 3 NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD BE 4 APPROPRIATED FOR THE PROGRAM. 5 (F) THE FUND MAY BE USED ONLY TO PAY: 6 (1) A NONPROFIT TRAINING ENTITY; AND 7 (2) ADMINISTRATIVE COSTS OF THE PROGRAM. 8 (G) (1) THE STATE TREASURER SHALL INVES T AND REINVEST THE 9 MONEY OF THE FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE 10 INVESTED. 11 (2) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE CREDITE D 12 TO THE GENERAL FUND OF THE STATE. 13 (H) FOR THE PURPOSE OF IM PLEMENTING THIS SECT ION, THE 14 DEPARTMENT MAY ACCEPT GIFTS OR GRANTS FOR DONATION TO THE FUND. 15 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 October 1, 2025. 17