# Human Services (GHU) ## Title 7. Individuals With Disabilities ### Subtitle 1. Department of Disabilities #### Section 7-101 (a) In this subtitle the following words have the meanings indicated. (b) "Board" means the Interagency Disabilities Board. (c) "Commission" means the Maryland Commission on Disabilities. (d) "Department" means the Department of Disabilities. (e) "Disability" has the meaning stated in the federal Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102. (f) "Secretary" means the Secretary of Disabilities. (g) "Unit of State government" means a department, agency, office, commission, council, or other unit in the Executive Branch of the State government. #### Section 7-104 There is a Department of Disabilities, established as a principal department of State government. #### Section 7-105 (a) (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary of Disabilities. (2) The Secretary is the head of the Department. (b) The Secretary shall: (1) have extensive experience and knowledge of disability laws, legislation, and regulations, and programs for individuals with disabilities; (2) at a minimum, hold a bachelor's degree; and (3) be an individual with a disability or appoint a deputy secretary who is an individual with a disability. (c) Before taking office, the appointee shall take the oath required by Article I, Sec. 9 of the Maryland Constitution. (d) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. (2) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor's policies on those matters. (e) The Secretary is entitled to the compensation provided in the State budget. #### Section 7-106 (a) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient operation of the Department. (b) The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary. #### Section 7-107 (a) With the approval of the Governor, the Secretary shall appoint a deputy secretary. (b) The deputy secretary shall be an individual with a disability, if the Secretary is not an individual with a disability. (c) The deputy secretary: (1) serves at the pleasure of the Secretary; and (2) is entitled to the compensation provided in the State budget. (d) The deputy secretary has the duties provided by law or delegated by the Secretary. #### Section 7-108 (a) In accordance with the State budget, the Secretary may employ a staff. (b) Unless otherwise provided by law, the Secretary shall appoint and remove all staff in accordance with the provisions of the State Personnel and Pensions Article. (c) The Secretary may review any personnel action taken by any unit in the Department. #### Section 7-109 (a) The Attorney General is the legal adviser to the Department. (b) The Attorney General shall assign to the Department the number of assistant Attorneys General authorized by law to be assigned to the Department. (c) (1) The Attorney General shall designate one of the assistant Attorneys General assigned to the Department as counsel to the Department and may not reassign that individual without consulting with the Secretary. (2) The counsel to the Department shall have only the following duties: (i) to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department; (ii) to supervise the other assistant Attorneys General assigned to the Department; and (iii) to perform for the Department the duties that the Attorney General assigns. (3) The counsel shall perform the duties under paragraph (2) of this subsection subject to the control and supervision of the Attorney General. #### Section 7-110 (a) The Secretary shall adopt regulations for the Department and its units. (b) The Secretary may adopt regulations necessary to carry out the provisions of law that are within the jurisdiction of the Secretary. #### Section 7-111 (a) (1) There is a State Coordinator for Autism Strategy in the Department. (2) The Governor shall appoint the State Coordinator for Autism Strategy. (b) The State Coordinator for Autism Strategy, in consultation with the Advisory Stakeholder Group on Autism-Related Needs established under Sec. 7-112 of this subtitle, shall: (1) identify and evaluate existing public, private, and nonprofit services for individuals with autism and their families; (2) on or before July 1, 2021, develop a strategic plan for addressing autism-related needs in the State, including, at a minimum, needs in the areas of employment, housing, health care, training for first responders and criminal justice professionals, and identification and intervention; (3) identify national benchmarks and other performance measures to be included in the strategic plan and used in evaluating the success of the State in addressing autism-related needs; and (4) monitor and evaluate the implementation of the strategic plan and the success of the State in addressing autism-related needs, including success in meeting national benchmarks. (c) The strategic plan required under subsection (b) of this section shall specify performance measures, including any national benchmarks, for monitoring and evaluating success in addressing autism-related needs in the State including, at a minimum, the following: (1) reducing the unemployment and underemployment rates of people with autism; (2) improving postsecondary transition services and graduation rates; (3) increasing degree-granting college admission and participation and postsecondary vocational internships and apprenticeships leading to licensure; (4) increasing the availability of safe, affordable, and accessible housing; (5) identifying and reducing the negative physical and mental health outcomes of people with autism, including: (i) identifying and improving caregiver and family support and respite services; (ii) evaluating need and implementation strategies for the adult autism waiver; (iii) reducing wait times for the Autism Waiver Registry; (iv) promoting social inclusion and understanding for people with autism; and (v) ensuring equitable access to diagnostic and therapeutic support services in rural areas and for underserved populations; and (6) evaluating the need for and making recommendations regarding training programs for law enforcement, criminal justice professionals, or other first responders that address the effective recognition of and response to the needs of individuals with autism and their caregivers. (d) (1) On or before July 1 each year, beginning in 2021, the State Coordinator for Autism Strategy shall submit a report to the Secretary of Disabilities, the Governor, and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the development, implementation, and effectiveness of the strategic plan required under subsection (b) of this section. (2) Within 30 days after a report required under paragraph (1) of this subsection is submitted, the State Coordinator for Autism Strategy shall publish the report on the Department's website. (e) (1) For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation to fund the position of State Coordinator for Autism Strategy and the Advisory Stakeholder Group on Autism-Related Needs. (2) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation in an amount sufficient to fund one support staff position for the State Coordinator for Autism Strategy. #### Section 7-112 (a) There is an Advisory Stakeholder Group on Autism-Related Needs. (b) The Advisory Stakeholder Group on Autism-Related Needs consists of the following members: (1) one member of the Senate of Maryland, appointed by the President of the Senate; (2) two members of the House of Delegates, appointed by the Speaker of the House; (3) the State Superintendent of Schools, or the State Superintendent's designee; (4) the Secretary of Disabilities, or the Secretary's designee; (5) the Secretary of Human Services, or the Secretary's designee; (6) the Secretary of Health, or the Secretary's designee; (7) the State Coordinator for Autism Strategy; (8) one representative of the Maryland Speech-Language-Hearing Association; (9) one representative of the Maryland Developmental Disabilities Council; (10) one representative of the Maryland Occupational Therapy Association; (11) one representative of The ARC Maryland; (12) one representative of Pathfinders for Autism; (13) one representative of Itineris; (14) the following members, appointed by the Governor: (i) a school psychologist; (ii) a physical therapist; (iii) a pediatrician; (iv) two parents of children with autism; (v) two self-advocates with autism; (vi) one representative of public universities in the State; (vii) one representative of local public school systems in the State; and (viii) one representative from the business community; and (15) any additional members with expertise or experience in autism-related needs as considered necessary, appointed by the State Coordinator for Autism Strategy. (c) The State Coordinator for Autism Strategy shall chair the Advisory Stakeholder Group on Autism-Related Needs. (d) The Department shall provide staff for the Advisory Stakeholder Group on Autism-Related Needs. (e) In appointing members under subsection (b) of this section, the appointing authority shall consider the geographical diversity of the State so that the composition of the Advisory Stakeholder Group on Autism-Related Needs reflects the various communities of the State. (f) A member of the Advisory Stakeholder Group on Autism-Related Needs: (1) may not receive compensation as a member of the Advisory Stakeholder Group on Autism-Related Needs; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (g) The Advisory Stakeholder Group on Autism-Related Needs shall work with the State Coordinator for Autism Strategy to: (1) identify and evaluate existing services for individuals with autism and their families; (2) develop a strategic plan for addressing autism-related needs in the State; (3) promote, monitor, and evaluate implementation of the strategic plan; and (4) recommend and implement changes to the strategic plan. (h) (1) The Advisory Stakeholder Group on Autism-Related Needs shall hold its initial meeting on or before December 31, 2020. (2) Beginning in 2021, the Advisory Stakeholder Group on Autism-Related Needs shall meet quarterly each calendar year. #### Section 7-113 (a) The Secretary is responsible for the budget of the Department. (b) Except as otherwise provided by law, the Secretary shall pay all money collected by the Department under this subtitle into the General Fund of the State. (c) (1) (i) Before publication in the Maryland Register, the Secretary shall review new or proposed changes to regulations submitted by a unit of State government that relate to the provision of resources and services to individuals with disabilities. (ii) The regulations shall include an assessment that describes the impact of the proposed regulations on individuals with disabilities. (2) Before implementation, the Secretary shall review new or proposed changes to policies, programs, or services submitted by a unit of State government that relate to the provision of resources and services to individuals with disabilities. (d) (1) The Secretary shall review, coordinate, and concur with any application for federal aid, waivers, or grants that is: (i) specific to services for individuals with disabilities; and (ii) submitted by or through any unit of State government. (2) Except as otherwise prohibited by law, the Secretary may apply for, receive, and use grants-in-aid, funds, or services from the federal government or any of its units, or any public or private source made available to the Department for use in carrying out the powers and duties of the Secretary or the Department. (e) (1) The Secretary shall review the State Disabilities Plan developed by the Board in accordance with Sec. 7-132 of this subtitle. (2) The Secretary may approve the State Disabilities Plan or amend the Plan if the Secretary determines that the Plan developed by the Board is not in accordance with Sec. 7-132 of this subtitle. (3) The Secretary shall request that the Board revise the State Disabilities Plan at least once every 4 years. (4) The Secretary shall adopt regulations to implement the State Disabilities Plan as approved or as amended in accordance with paragraph (2) of this subsection. (f) The Secretary shall submit an annual analysis of the State's progress in implementing the State Disabilities Plan and related performance objectives to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, to the General Assembly on or before December 1 of each year. (g) The Secretary may create citizens' advisory bodies that the Secretary considers necessary for the effective operation of the Department. #### Section 7-114 (a) (1) The Department is the principal unit of State government responsible for developing, maintaining, revising, and enforcing statewide disability policies and standards throughout the units of State government. (2) In this capacity, the Department shall: (i) serve as the principal advisor to the Governor on the means and methods available to: (1) implement and fund support to individuals with disabilities in accordance with the State Disabilities Plan; (2) modify or consolidate support to individuals with disabilities; and (3) collaborate with federal, regional, and local units of government to enhance the effectiveness of the provision and funding of support to individuals with disabilities; (ii) annually recommend projects to the Department of Budget and Management for inclusion in the capital budget to promote access to State-owned facilities for individuals with disabilities; (iii) assist units of State government to identify federal, State, local, and private funds available to the State for programs and services for individuals with disabilities; and (iv) provide technical assistance to local jurisdictions in planning and implementing collaborative strategies consistent with the State Disabilities Plan. (b) The Department shall oversee and administer the following programs and units: (1) constituent services and ombudsmen programs; (2) the Assistive Technology Guaranteed Loan Program under Subtitle 6 of this title; (3) the Office of Personal Assistance Services, including the Attendant Care Program under Subtitle 4 of this title; (4) Telecommunications Access of Maryland under Subtitle 8 of this title; (5) Telecommunications Devices and Distribution of Accessible Information for Disabled Individuals under Subtitle 9 of this title; (6) the Office of Disability Employment Advancement and Policy; (7) the Maryland Assistive Technology Program under Subtitle 14 of this title; and (8) affordable and accessible housing programs. #### Section 7-115 Unless the disclosure of information is otherwise prohibited by law, each unit of State government shall provide to the Secretary: (1) at the request of the Secretary, information regarding current programs and services for individuals with disabilities; and (2) information regarding new or proposed programs and services for individuals with disabilities. #### Section 7-116 (a) (1) On or before July 1 of each year, each unit of State government shall develop a unit plan to implement the State Disabilities Plan as approved or amended by the Secretary under Sec. 7-113(e) of this subtitle. (2) The unit plan shall contain an implementation schedule and measurable strategic performance objectives. (3) The Secretary may request amendments to a unit plan if the Secretary determines that the unit plan does not comply with the State Disabilities Plan. (b) On or before July 1 of each year, each unit of State government shall provide the Department with an evaluation of the unit's performance in accordance with the unit's plan developed under subsection (a) of this section. (c) The evaluation required under subsection (b) of this section shall: (1) assess the unit's performance against the strategic performance objectives established under subsection (a)(2) of this section; and (2) identify and measure: (i) consumer satisfaction; (ii) gaps in services; (iii) numbers of individuals waiting for services; and (iv) progress made on achieving performance objectives. (d) The Secretary may provide technical assistance to any unit of State government to meet the requirements of this section. (e) The Secretary may waive the requirements of this section for any unit of State government. #### Section 7-117 (a) In accordance with Sec. 7-114 of this subtitle, the Department may establish one or more affiliated foundations to work with the Maryland Assistive Technology Program, the Assistive Technology Guaranteed Loan Program, the Office of Disability Employment Advancement and Policy, and the Department's affordable and accessible housing programs. (b) The purpose of an affiliated foundation is to: (1) solicit and accept funds and partner with individuals, corporations, and other entities to support innovative projects designed to maintain, expand, and enhance the programs and units specified in subsection (a) of this section; and (2) promote activities that: (i) enhance awareness of, access to, and effective use of assistive technology, accessible information technology, and environmental adaptations that allow individuals with disabilities to participate in employment, education, housing, transportation, public safety, recreation, health care, and other aspects of daily life; (ii) support training, technical assistance, and reasonable accommodations that promote the hiring and retention of individuals with disabilities in private and public sector employment; and (iii) create opportunities for integrated, affordable, and accessible housing for individuals with disabilities to live in the communities of their choice. (c) (1) The Department shall: (i) develop policies for operating each affiliated foundation that the Department establishes, including the affiliated foundation name; and (ii) submit each policy developed to the Office of the Attorney General and the State Ethics Commission for review and, if appropriate, approval in accordance with paragraphs (2) and (3) of this subsection. (2) The Office of the Attorney General shall: (i) review the policies the Department develops under paragraph (1) of this subsection for form and legal sufficiency; and (ii) if appropriate, approve the policies for use in governing the Department's relationship with the affiliated foundation. (3) The State Ethics Commission shall: (i) review the policies the Department develops under paragraph (1) of this subsection that pertain to conflicts of interest; and (ii) if appropriate, approve the policies for use in governing an official or employee of the Department who also serves as a director or an official of the affiliated foundation. (d) (1) An affiliated foundation may solicit and receive contributions from businesses, governmental entities, nonprofit organizations, and individuals interested in the promotion of programs and units administered or supported by the Department. (2) In accordance with Sec. 7-113 of this subtitle authorizing the Secretary to receive funds from any public or private source to carry out the powers and duties of the Department, the Secretary shall receive and deposit funds from an affiliated foundation into a separate special fund. (e) (1) An affiliated foundation established under this section may not: (i) be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose; (ii) make, influence, or participate in determinations regarding eligibility for any program, benefit, or services administered or supported by the Department; or (iii) establish, influence, or implement public policy, program standards, priorities, or eligibility criteria for the Department. (2) A financial obligation or liability of an affiliated foundation established under this section may not be considered a debt or an obligation of the State or the Department. (f) (1) Notwithstanding Sec.Sec. 5-501 through 5-504 of the General Provisions Article, an official or employee of the Department may become a director or an official of an affiliated foundation established under this section. (2) An official or employee of the Department who serves as a director or an official of an affiliated foundation established under this section: (i) may not be compensated, directly or indirectly, by the affiliated foundation; and (ii) may be reimbursed for bona fide expenses incurred in the performance of activities undertaken on behalf of the affiliated foundation as authorized by the Department and the board of directors of the affiliated foundation. (3) (i) The Department shall notify the State Ethics Commission in writing whenever the Department allows an official or employee of the Department to serve as a director or an official of an affiliated foundation. (ii) Within 30 days after receipt of the notice under subparagraph (i) of this paragraph, the State Ethics Commission shall notify the Department of any objections or concerns pertaining to the joint service identified in the notice. (iii) On receipt of a notice from the State Ethics Commission under subparagraph (ii) of this paragraph, the Department shall reexamine the joint service identified in the notice. (4) On or before September 1 each year, the Department shall report to the Governor, the Legislative Policy Committee of the General Assembly in accordance with Sec. 2-1257 of the State Government Article, and the State Ethics Commission on: (i) the names of the officials and employees serving as a director or an official of an affiliated foundation; and (ii) how the policies adopted under subsection (c) of this section have been implemented in the preceding calendar year. (g) (1) Each year, the Department shall hire an independent certified public accountant to: (i) audit an affiliated foundation established under this section; and (ii) submit to the Department a report on the audit of the affiliated foundation. (2) Notwithstanding subsection (d) of this section, if an affiliated foundation has not been audited within the past year: (i) the affiliated foundation may not solicit and receive contributions; and (ii) the Department may not accept contributions from the affiliated foundation. (h) Contributions accepted by the Department from an affiliated foundation established under this section are supplemental to and are not intended to take the place of funding that otherwise would be appropriated in the annual budget bill or capital budget bill for the Department. (i) This section may not be construed to limit or restrict the authority of the Department or other authorized governmental entities to determine eligibility or make policy decisions. #### Section 7-119 There is a Maryland Commission on Disabilities. #### Section 7-120 (a) The Commission consists of: (1) the following members, appointed by the Governor: (i) one individual with a physical disability; (ii) one individual who has experienced mental illness; (iii) one individual with a traumatic brain injury; (iv) two individuals with a developmental disability, including one with an intellectual disability; (v) one individual who is blind; (vi) one individual who is deaf or hard of hearing; (vii) one parent or foster parent of a child with a disability; (viii) four members of the general public who have disabilities; (ix) three representatives from statewide disability advocacy organizations; (x) one representative from the home health care industry; (xi) one representative from a statewide organization of providers of services and support for individuals with disabilities; (xii) one representative from the Alliance of Local Commissions on Disability; and (xiii) two representatives from the Board, one of whom shall be selected by the Secretary and one of whom shall be the Secretary of Budget and Management or the designee of the Secretary of Budget and Management; (2) one representative from the Senate of Maryland, appointed by the President of the Senate; (3) one representative from the Maryland House of Delegates, appointed by the Speaker of the House; (4) the State Coordinator for Autism Strategy; and (5) one representative from the Governor's Advisory Board for Telecommunications Relay, appointed by the chair of the Board. (b) In making the appointments required under subsection (a)(1) of this section, the Governor shall appoint members from among: (1) the geographic regions of the State; and (2) diverse backgrounds. (c) A majority of the members shall be individuals with disabilities. (d) (1) The term of a member is 3 years. (2) The terms of the members are staggered as required by the terms provided for the members of the Commission on October 1, 2007. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (5) A member may not serve more than two consecutive 3-year terms. (e) A member who fails to attend at least 50% of the regularly scheduled meetings of the Commission during any 12-month period shall be considered to have resigned. #### Section 7-121 From among the members of the Commission, the Governor shall designate a chair for a 2-year term. #### Section 7-122 (a) A member of the Commission: (1) may not receive compensation as a member of the Commission; but (2) if the Secretary approves, is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (b) The Department shall provide staff to the Commission as necessary. #### Section 7-123 Members of the Commission shall: (1) advise the Department in carrying out its duties; (2) meet at least twice a year in meetings open to the public; and (3) serve on one or more subcommittees established by the Secretary to provide guidance to the Department on matters affecting individuals with disabilities, including public policy, outreach, and personal assistance services. #### Section 7-124 Notwithstanding any other provision of law, a subcommittee of the Commission created in accordance with Sec. 7-123 of this subtitle shall be considered a public body under Sec. 3-101(h) of the General Provisions Article. #### Section 7-127 (a) There is an Interagency Disabilities Board convened by the Governor. (b) The purpose of the Board is to develop the State Disabilities Plan. #### Section 7-128 The Board consists of the following members: (1) the Secretary of Disabilities; (2) the Secretary of Aging, or the Secretary's designee; (3) the Secretary of Commerce, or the Secretary's designee; (4) the Secretary of Budget and Management, or the Secretary's designee; (5) the Secretary of Health, or the Secretary's designee; (6) the Secretary of Housing and Community Development, or the Secretary's designee; (7) the Secretary of Human Services, or the Secretary's designee; (8) the Secretary of Labor, or the Secretary's designee; (9) the Secretary of Planning, or the Secretary's designee; (10) the State Superintendent of Schools, or the Superintendent's designee; (11) the Secretary of Transportation, or the Secretary's designee; (12) the Special Secretary of the Governor's Office for Children, or the Special Secretary's designee; (13) the Director of the Governor's Office of the Deaf, Deafblind, and Hard of Hearing, or the Director's designee; (14) the Secretary of Juvenile Services, or the Secretary's designee; (15) the Secretary of Public Safety and Correctional Services, or the Secretary's designee; (16) the Executive Director of the Governor's Office of Crime Prevention and Policy, or the Executive Director's designee; and (17) representatives from any other unit of State government that the Governor designates. #### Section 7-129 (a) The Secretary is the chair of the Board. (b) The chair shall direct the work of the Board. (c) The chair may establish subcommittees of the Board to carry out the duties established under this part. #### Section 7-130 The Department shall provide staff to the Board as necessary. #### Section 7-131 The Board shall: (1) provide ongoing examination of the structure and organization of the State's system of services and support to individuals with disabilities to ensure equal access to support services and resources by individuals with disabilities; (2) facilitate the development of performance objectives that will result in a comprehensive, effective, efficient, and integrated service delivery system for individuals with disabilities; (3) develop an interagency funding approach to maximize efficiencies and streamline access to services and support for individuals with disabilities; (4) formulate policies on legislative issues and, under the direction of the Governor, communicate the policies to the General Assembly; and (5) develop the State Disabilities Plan. #### Section 7-132 (a) The State Disabilities Plan shall provide for the coordination of support services that: (1) ensure compliance with the federal Americans with Disabilities Act and other relevant federal and State provisions intended to protect the civil rights of individuals with disabilities; (2) are necessary for individuals with disabilities to achieve maximum participation in the mainstream of the community in the most integrated setting possible; and (3) address, on a statewide basis, the improvement of: (i) the capacity of communities to support individuals with disabilities with personal attendant care and other long-term care options that are self-directed; (ii) the availability of accessible, integrated, and affordable housing options; (iii) reliable transportation options; (iv) employment and training options, including self-employment and noncongregant competitive opportunities available in an integrated environment in which there are individuals with and without disabilities; (v) somatic and behavioral health options; (vi) accessible and universally designed technology; (vii) support services for children, youth, and their families to enable them to achieve successful learning; (viii) family support services, including respite care; and (ix) crime control, public safety, and correctional services that appropriately take into account the needs and rights of individuals with disabilities. (b) The State Disabilities Plan shall assess the provision of and resources for support services for individuals with disabilities. ### Subtitle 2. Respite Care for Individuals With Developmental or Functional Disabilities #### Section 7-201 (a) In this subtitle the following words have the meanings indicated. (b) "Department" means the Department of Human Services. (c) "Respite care" means short-term care: (1) of an individual with a developmental or functional disability described under Sec. 7-202 of this subtitle; and (2) that is provided either within or outside the individual's home to give temporary relief to the individual or the individual's family. #### Section 7-202 (a) An individual has a functional disability if the individual has a severe, chronic disability that: (1) is attributable to a mental or physical impairment or a combination of mental and physical impairments, including a head injury; (2) is likely to continue indefinitely; (3) results in substantial functional limitations in at least three of the following areas of major life activity: (i) self-care; (ii) receptive and expressive language; (iii) learning; (iv) mobility; (v) self-direction; (vi) capacity for independent living; and (vii) economic self-sufficiency; and (4) reflects the individual's need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services that are: (i) lifelong or of extended duration; and (ii) individually planned and coordinated. (b) An individual has a developmental disability if the individual has a functional disability that is manifested before the individual attains the age of 22 years. #### Section 7-203 (a) (1) There is a Respite Care Program in the Department. (2) The purpose of the Program is to provide respite care services in the State. (b) The Department shall provide respite care services through: (1) local departments of social services; or (2) contracts with private nonprofit community-based providers. #### Section 7-204 Subject to the State budget, within a fiscal year an individual may receive: (1) on an hourly basis, up to 24 hours of respite care provided in periods of less than 10 hours in any 24-hour period; and (2) on a daily basis, up to 14 days of respite care provided in periods of 10 or more hours in any 24-hour period. #### Section 7-205 The Department shall adopt regulations governing respite care services, including: (1) mandatory standards; and (2) sliding fee schedules. ### Subtitle 3. Maryland Commission on Caregiving #### Section 7-301 (a) In this subtitle the following words have the meanings indicated. (b) "Commission" means the Maryland Commission on Caregiving. (c) "Department" means the Department of Human Services. #### Section 7-302 (a) There is a Maryland Commission on Caregiving in the Department. (b) The purpose of the Commission is to coordinate statewide planning, development, and implementation of family caregiver support services. #### Section 7-303 (a) (1) The Commission consists of the following members: (i) one member of the Senate of Maryland, appointed by the President of the Senate; (ii) one member of the House of Delegates, appointed by the Speaker of the House; and (iii) the following members appointed by the Governor: (1) two representatives from the Department of Human Services; (2) three representatives from the Maryland Department of Health; (3) one representative from the Department of Aging; (4) one representative from an area agency on aging; (5) one representative from the Department of Disabilities; (6) two consumers of respite care services; (7) three family caregivers; (8) four representatives of organizations that provide or have interest or expertise in respite care services; and (9) one family caregiver of a service-disabled veteran. (2) In appointing members to the Commission, to the extent possible, the Governor shall consider groups representing individuals: (i) with Alzheimer's disease and related disorders; (ii) with developmental disabilities; (iii) with physical disabilities; (iv) with chronic illnesses; (v) with mental or emotional conditions that require supervision; (vi) who are vulnerable to abuse or neglect; (vii) with disabilities, disorders, or conditions affecting the entire lifespans of the individuals; and (viii) who reflect the diversity of the State. (b) The term of a member of the Commission is 3 years. (c) The Governor shall appoint a chair of the Commission from among the members. #### Section 7-304 (a) (1) The Department shall provide staff for the Commission. (2) An individual from the Department shall serve as executive director of the Commission. (b) A member of the Commission: (1) may not receive compensation as a member of the Commission; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. #### Section 7-305 (a) The Commission shall: (1) solicit and gather concerns of caregivers by: (i) conducting surveys; (ii) holding public hearings; (iii) establishing a telephone hotline for public access; and (iv) other appropriate means; (2) develop and distribute to interested parties a handbook of current respite care and other family caregiver services available in the State; (3) review successful respite care programs in other states; (4) develop a model family caregiver support program that incorporates best practices from existing programs in this and other states; (5) provide ongoing analysis of best practices in family caregiver support programs in this and other states; (6) coordinate activities of existing and proposed family caregiver support services among State and local units; (7) research available funding sources and explore possibilities for additional funds; (8) identify unmet needs and priorities for additional funds; and (9) monitor implementation of the Commission's recommendations. (b) The Commission shall report annually on its activities and recommendations regarding family caregiver support services to the Governor and, subject to Sec. 2-1257 of the State Government Article, the General Assembly. ### Subtitle 4. Attendant Care Program #### Section 7-401 (a) In this subtitle the following words have the meanings indicated. (b) "Attendant care services" means any of the following services for an eligible individual, which are certified as necessary by an attending physician or by a registered nurse: (1) dressing; (2) preparing food and assisting with eating; (3) bathing and personal hygiene; (4) assisting with routine bodily functions, including bowel and urinary care; (5) moving into, out of, or turning in bed; (6) laundering and other clothing care; and (7) cleaning house and performing other services of daily care, including shopping and transportation, that the Department and the eligible individual request. (c) "Department" means the Department of Disabilities. (d) "Eligible individual" means an individual who: (1) is at least 18 years old and under the age of 65 years at the time of the initial eligibility determination; and (2) has a severe chronic or permanent physical disability that precludes or significantly impairs the individual's independent performance of essential activities of daily living, self-care, or mobility. (e) "Financial assistance" means a payment the Department makes to an eligible individual for attendant care services or ongoing additional supports. (f) "Ongoing additional supports" means a continual support that: (1) increases an eligible individual's independent performance of an essential activity of daily living, self-care, or mobility; and (2) is requested by an eligible individual and approved by the Department. (g) "Program" means the Attendant Care Program. (h) "Secretary" means the Secretary of Disabilities. #### Section 7-402 (a) (1) There is an Attendant Care Program in the Department. (2) The purpose of the Program is to provide financial assistance to eligible individuals for attendant care services and ongoing additional supports. (b) The Department shall provide financial assistance in accordance with a sliding payment scale that the Department establishes by regulation for each category of eligible individuals described in Sec. 7-404(a) of this subtitle. #### Section 7-403 (a) The Secretary shall designate an individual from the Department to serve as director of the Program. (b) The Secretary shall provide appropriate support services to the Program as provided in the State budget. #### Section 7-404 (a) (1) The Department shall ensure that at any given time at least 50% of the eligible individuals receiving financial assistance under the Program are: (i) gainfully employed; (ii) actively seeking employment; or (iii) attending an institution of postsecondary or higher education, as defined in Sec. 10-101 of the Education Article. (2) The remainder of the eligible individuals receiving financial assistance under the Program shall be individuals who: (i) reside in a nursing facility or similar institution licensed to provide chronic or intermediate care and who will be deinstitutionalized as a result of the Program; or (ii) are certified by an attending physician, physician assistant, or certified nurse practitioner as being at risk of placement in a nursing facility or similar institution licensed to provide chronic or intermediate care if attendant care services are not received in the community. (b) (1) Subject to the availability of funds, the Secretary may waive the proportional requirement of subsection (a)(1) of this section in the event there is a waiting list of eligible individuals described in subsection (a)(2) of this section. (2) The Secretary may adopt regulations to establish priorities and procedures for a waiting list of eligible individuals. (3) An eligible individual receiving financial assistance may not be removed from the Program to achieve the proportional requirement under subsection (a)(1) of this section. (c) Financial assistance provided under the Program may not duplicate any other State or federal assistance for attendant care services or ongoing additional supports that an eligible individual receives. (d) The Department shall limit participation in the Program to the number of eligible individuals who can be served with the funds appropriated for the Program in the State budget. (e) Each year, the Department shall review the eligibility of each individual receiving financial assistance. #### Section 7-405 (a) The Program shall be funded as provided in the State budget. (b) The Department may: (1) administer the Program directly; or (2) enter into a contract with a private organization to administer and operate the Program. #### Section 7-406 (a) The Department shall administer this subtitle. (b) The Department shall adopt regulations for the operation of the Program. ### Subtitle 5. Ethan Saylor Alliance for Self-Advocates as Educators #### Section 7-501 (a) In this subtitle the following words have the meanings indicated. (b) "Alliance" means the Ethan Saylor Alliance for Self-Advocates as Educators. (c) "Community inclusion" means circumstances in which individuals with intellectual disabilities and developmental disabilities are welcomed, supported, and included in all aspects of society. (d) "Developmental disability" has the meaning stated in Sec. 7-101 of the Health - General Article. (e) "Intellectual disability" has the meaning stated in Sec. 7-101 of the Health - General Article. (f) "Secretary" means the Secretary of Disabilities. (g) "Steering Committee" means the Steering Committee for the Ethan Saylor Alliance for Self-Advocates as Educators. #### Section 7-502 (a) There is an Ethan Saylor Alliance for Self-Advocates as Educators in the Department of Disabilities. (b) The purpose of the Alliance is to advance the community inclusion of individuals with intellectual disabilities and developmental disabilities by preparing and supporting self-advocates to play a central role in educating persons about appropriate and effective interactions with individuals with intellectual disabilities and developmental disabilities. (c) The Alliance shall: (1) be guided by the Steering Committee; (2) build on the work of the Commission for Effective Community Inclusion of Individuals with Intellectual and Developmental Disabilities by prioritizing the training needs of law enforcement officers; (3) connect law enforcement trainers with: (i) self-advocate educators; or (ii) entities that use self-advocate educators in a central role when providing training; (4) identify and support the development of self-advocate educators; (5) identify resources needed to prepare and support self-advocate educators; and (6) promote collaborative efforts that support community inclusion. #### Section 7-503 (a) There is a Steering Committee for the Alliance. (b) The Steering Committee shall include the following members: (1) the Secretary, or the Secretary's designee; (2) the Superintendent of the State Police, or the Superintendent's designee; (3) the Executive Director of the Police and Correctional Training Commissions, or the Executive Director's designee; (4) the Deputy Secretary for Developmental Disabilities in the Maryland Department of Health, or the Deputy Secretary's designee; and (5) the following individuals, appointed by the Secretary: (i) a representative of the Maryland Developmental Disabilities Council; (ii) two representatives of community-based organizations that support people with intellectual disabilities and developmental disabilities; (iii) four members of the public with knowledge of intellectual disabilities and developmental disabilities, including at least two self-advocates and a family member of an individual with an intellectual disability or developmental disability; and (iv) other members deemed necessary to carry out the work of the Steering Committee. (c) A member appointed by the Secretary: (1) serves for a term of 3 years and until a successor is appointed and qualifies; and (2) may be reappointed. (d) A member of the Steering Committee: (1) may not receive compensation as a member of the Steering Committee; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (e) The Steering Committee shall: (1) develop parameters for the Alliance, including expected outcomes for and evaluation of the Alliance; (2) select entities to operate the Alliance through a competitive process; (3) provide general oversight of the Alliance; (4) approve the budget for the Alliance; (5) review the Alliance's activities and outcomes; (6) develop recommendations for sustainability and expansion of the Alliance, including: (i) costs of sustaining and expanding the Alliance; (ii) potential sources of funding for the Alliance; and (iii) compensation and supports for self-advocate educators; and (7) review, or request that the Alliance review, the content and monitor the implementation of the training objectives and curriculum adopted by the Maryland Police Training and Standards Commission for a community inclusion training program: (i) at least once every 4 years; or (ii) more frequently if requested by the Maryland Police Training and Standards Commission. #### Section 7-504 (a) Subject to subsection (b) of this section, the operation of the Alliance shall be supported by: (1) appropriations provided in the annual State budget; (2) grants or other assistance from federal, State, or local government; and (3) any other money made available to the Alliance from any public or private source. (b) The operation of the Alliance is subject to the limitations of the State budget. ### Subtitle 6. Assistive Technology Loan Program #### Section 7-601 (a) In this subtitle the following words have the meanings indicated. (b) (1) "Assistive technology" means any item, equipment, or device that is designed to enable an individual with a disability to become more independent or a more productive member of the community with an improved quality of life. (2) "Assistive technology" includes wheelchairs, motorized scooters, Braille equipment, voice simulation systems, scanners, assistive listening devices, telecommunications devices for the deaf, augmentative communication systems, environmental control systems, computers and adaptive peripherals, building modifications for accessibility, motor vehicles, and vehicle modifications. (c) "Board" means the Board of Directors of the Program. (d) "Department" means the Department of Disabilities. (e) "Fund" means the Assistive Technology Loan Fund. (f) "Program" means the Assistive Technology Loan Program. (g) "Secretary" means the Secretary of Disabilities. #### Section 7-602 There is an Assistive Technology Loan Program in the Department. #### Section 7-603 The purpose of the Program is to provide assistance for the purchase of assistive technology. #### Section 7-604 There is a Board of Directors of the Program. #### Section 7-605 (a) The Board consists of: (1) the Secretary of Information Technology or the Secretary's designee; (2) a representative from the Maryland Department of Health, Developmental Disabilities Administration, appointed by the Secretary of Health; (3) a representative of the State Department of Education Division of Rehabilitation Services, appointed by the State Superintendent of Schools; and (4) eight members of the public appointed by the Governor with the advice and consent of the Senate. (b) Of the eight members of the public appointed by the Governor: (1) four shall have significant experience in finance, accounting, investment management, or consumer lending; and (2) four shall have disabilities or assist individuals with disabilities. (c) (1) The term of a member appointed by the Governor is 4 years. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (4) A member appointed by the Governor may not serve more than two terms. #### Section 7-606 From among its members, the Board annually shall elect a chair. #### Section 7-607 (a) Six members of the Board are a quorum. (b) The Board shall meet at least quarterly or more often as necessary to carry out its duties efficiently. (c) A member: (1) may not receive compensation as a member of the Board; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget. (d) Except as provided in subsection (c) of this section, a member may not financially benefit directly or indirectly from the activities of the Fund. (e) The Department shall provide staff to the Board. #### Section 7-608 Subject to Sec.Sec. 7-609(a) and 7-610 of this subtitle, the Board may provide a guarantee of a loan or a subsidy of loan interest for a loan to an individual for the purchase of assistive technology. #### Section 7-609 (a) To apply for a guarantee of a loan or a subsidy of loan interest, an applicant shall submit to the Board an application on the form that the Secretary provides. (b) The Board shall review the applications for guarantees of loans and subsidies of loan interest and approve or deny them based on information provided to or obtained by the Board. #### Section 7-610 (a) The Board may enter into an agreement with an applicant to guarantee a loan or provide a subsidy for loan interest to the applicant only if the applicant demonstrates: (1) that the loan to be guaranteed or the subsidy of loan interest will be used to acquire assistive technology; (2) the ability to repay the loan; (3) creditworthiness; and (4) the inability to qualify for a loan from a lending institution without a loan guarantee or a subsidy of loan interest. (b) The Board may elect to provide the borrower with an interest rate equivalent to the guaranteed rate by either guaranteeing the loan or subsidizing the interest rate if: (1) a participating lending institution approves a loan without the requirement of a guarantee; and (2) the interest rate is higher than the interest rate otherwise available for a guaranteed loan. #### Section 7-611 (a) Except as provided in this subtitle, the Board and lender jointly shall determine the amount and terms of the guarantee of the loan or the subsidy of loan interest. (b) The total aggregate amount of a loan guarantee may be up to 100% of the loan. (c) The total aggregate amount of the loan guarantees to be provided from the Fund in any given year shall be set annually by the Board in accordance with the requirements of the banks underwriting the loans at any given time. #### Section 7-612 If a borrower violates any provision of a loan guarantee or subsidy agreement or ceases to meet the requirements of this subtitle, on reasonable notice to the borrower, the Board may: (1) withhold from the borrower further loan guarantees or subsidies until the borrower complies with the agreement or requirements; and (2) exercise any other remedy that the loan guarantee or subsidy agreement provides. #### Section 7-613 (a) There is an Assistive Technology Loan Fund in the Department. (b) The purpose of the Fund is to provide guarantees of loans and subsidies of loan interest for the purchase of assistive technology. (c) (1) The Board shall administer the Fund. (2) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund. (d) The Fund is a continuing, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article. (e) Any investment earnings of the Fund shall be paid into the Fund. (f) If, at any time, the balance of the Fund exceeds the amount that the Board considers necessary to meet its obligations, on resolution of the Board, the excess shall revert to the General Fund. #### Section 7-614 (a) The Fund consists of: (1) premiums and fees charged for the guarantees of loans or the subsidies of loan interest; (2) income from investment earnings; (3) proceeds from the sale, disposition, lease, or rental of collateral relating to the guarantees of loans or subsidies of loan interest; (4) money appropriated by the State to the Fund; and (5) any other money made available to the Fund. (b) The Fund shall be used to pay: (1) guaranty payments required by loan defaults; (2) subsidies of loan interest; (3) expenses for administrative, legal, actuarial, technical assistance, and other services; and (4) any other expenses and disbursements that the Board authorizes for administering the Fund and financing the guarantees of loans and the subsidies of loan interest for the purchase of assistive technology. #### Section 7-615 Each year, the Treasurer shall report to the Board and the Secretary on: (1) the status of the money invested under this subtitle; (2) the market value of the assets in the Fund as of the date of the report; and (3) the interest received from investments during the period that the report covers. #### Section 7-616 On or before January 1 of each year, the Board, through the Secretary, shall report to the Governor and, subject to Sec. 2-1257 of the State Government Article, to the General Assembly, on the number, amount, and use of loans and subsidies for which the Program has provided guarantees of loans and subsidies of loan interest under this subtitle. ### Subtitle 7. Blind, Visually Impaired, Deaf, Hard of Hearing, and Mobility Impaired Individuals #### Section 7-701 (a) In this subtitle the following words have the meanings indicated. (b) "Blind" means: (1) a visual acuity not exceeding 20/200 in the better eye with corrective lenses; or (2) a visual field of which the widest diameter subtends an angle of not more than 20 degrees. (c) "Deaf" means a permanent hearing loss: (1) that necessitates the use of amplification devices to hear oral communication; or (2) for which amplification devices are ineffective. (d) "Disability" has the meaning stated in the federal Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102. (e) "Housing accommodations" means real property, or a portion of real property, that is: (1) offered for compensation; and (2) used or occupied, or intended to be used or occupied, as the residence or lodging of at least one individual. (f) "Mobility impaired" means an inability to carry objects or to move or travel without the use of an assistive device or service animal. (g) "Service animal" means a guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including: (1) guiding individuals with impaired vision; (2) alerting individuals with impaired hearing to an intruder or sounds; (3) providing minimal protection or rescue work; (4) pulling a wheelchair; (5) fetching dropped items; or (6) detecting the onset of a seizure. (h) "Service animal trainer" means a person who trains or raises service animals for individuals with disabilities, whether the person is a professional or volunteer. #### Section 7-702 (a) It is the policy of the State to encourage and enable blind, visually impaired, deaf, and hard of hearing individuals to participate fully in the social and economic life of the State and to be employed. (b) It is the policy of the State that blind, visually impaired, deaf, and hard of hearing individuals shall be employed by the State, political subdivisions of the State, public schools, and other employers supported wholly or partly by public funds on the same terms and conditions as individuals without those disabilities, unless an individual's disability prevents doing the work required. (c) Deaf and hard of hearing individuals in the State are recognized as a cultural minority with specialized communication needs. (d) (1) In this subsection, "American Sign Language" means a visual-spatial method of communication that is a distinct language involving the hands, arms, facial markers, and body movements to communicate with others, including the conveyance of thoughts, words, emotions, and grammatical information. (2) American Sign Language is recognized as a language system designed to meet the specialized communication needs of deaf and hard of hearing individuals. #### Section 7-703 (a) In this section, "Board" means the Board of Trustees of Blind Industries and Services of Maryland. (b) There is a Board of Trustees that is a body corporate under the name of "Blind Industries and Services of Maryland". (c) (1) The Board consists of 11 trustees appointed by the Governor with the advice and consent of the Senate. (2) Of the 11 trustees, at least 4 trustees shall be blind. (d) (1) From among its members, the Board shall elect a chair and a treasurer. (2) The Board may elect another member to serve as chair if it is inconvenient or impossible for the regularly elected chair to serve. (e) (1) The term of a member is 3 years. (2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2007. (f) (1) The Governor shall fill a vacancy on the Board by appointment with the advice and consent of the Senate. (2) A member who is appointed after a term begins shall serve only for the rest of the term and until a successor is appointed and qualifies. (g) A trustee is entitled to: (1) per diem compensation for each Board or committee meeting attended in accordance with the State budget; and (2) reimbursement for expenses incurred in the performance of the trustee's duties under the Standard State Travel Regulations, as provided in the State budget. (h) The Board shall: (1) maintain in Baltimore City a training and employment center for blind individuals; (2) operate the Blind Industries and Services of Maryland for the labor and manufactures of all blind adult residents of the State who give satisfactory evidence of character and ability to do the work required; (3) use the profits arising from the operation of the Blind Industries and Services of Maryland to further its mission; (4) acquire suitable quarters in the State; (5) keep proper records of its funds and accounts; and (6) report annually to the Governor, and subject to Sec. 2-1257 of the State Government Article, the General Assembly, and the chair of the Joint Audit and Evaluation Committee on the condition and operations of the Blind Industries and Services of Maryland, including a thorough discussion of its programs and the participation of the blind community in these programs. (i) The Board may: (1) apply that portion of the endowment fund and annual income that the Board considers expedient to establish training and employment centers in any part of the State and to open a store for the sale of articles manufactured by blind individuals; (2) extend the benefits of the training and employment centers and the store to blind adults of the State who do not reside in institutions on any terms and under any regulations that the Board prescribes; (3) generally supervise and control the training and employment centers; (4) acquire and hold real, personal, and mixed property; (5) sue and be sued; (6) make, use, and alter a seal; (7) appoint a corporate secretary and other necessary employees and set their compensation; and (8) establish, maintain, direct, and supervise each matter concerning the Blind Industries and Services of Maryland, including the purchase of any machinery and materials that the Board considers suitable and necessary and the barter or exchange of articles or manufactures entrusted to the Board for disposal. (j) The Board shall be audited annually. #### Section 7-704 (a) Individuals with disabilities, the parents of a minor child with a disability, and service animal trainers who are accompanied by an animal being trained or raised as a service animal have the same right as individuals without disabilities to the full and free use of the roads, sidewalks, public buildings, public facilities, and other public places. (b) (1) Individuals with disabilities, the parents of a minor child with a disability, and service animal trainers who are accompanied by an animal being trained or raised as a service animal are entitled to full and equal rights and privileges with respect to common carriers and other public conveyances or modes of transportation, places of public accommodations, and other places to which the general public is invited, subject only to any conditions and limitations of general application established by law. (2) The failure of a blind or visually impaired pedestrian to carry a cane predominantly white or metallic in color, with or without a red tip, or an individual with a disability or a parent of a minor child with a disability to use a service animal wearing an orange license tag or orange collar and on a leash, or to use a service animal in a place, accommodation, or conveyance listed in paragraph (1) of this subsection does not constitute contributory negligence per se. (c) (1) This subsection does not apply to any accommodations or single family residence in which the occupants offer for compensation not more than one room. (2) An individual with a disability, a parent of a minor child with a disability, or a service animal trainer who is accompanied by an animal being trained or raised as a service animal is entitled to the same access as other members of the general public to housing accommodations in the State, subject to any conditions and limitations of general application established by law. (3) An individual with a disability, a parent of a minor child with a disability, or a service animal trainer who has, obtains, or may wish to obtain a service animal or an animal to be trained or raised as a service animal is entitled to full and equal access to housing accommodations. (4) An individual with a disability, a parent of a minor child with a disability, or a service animal trainer who is accompanied by a service animal or an animal being trained or raised as a service animal may not be required to pay extra compensation for the service animal, but the individual may be liable for damages to the premises or facilities that the service animal causes. #### Section 7-705 (a) The following individuals have all the same rights and privileges conferred by law on other individuals: (1) a blind or visually impaired pedestrian using a service animal and not carrying a cane predominantly white or metallic in color, with or without a red tip; (2) an individual with a disability and a parent of a minor child with a disability using a service animal not wearing an orange license tag or orange collar and on a leash; (3) an individual with a disability and a parent of a minor child with a disability using a service animal in a place, accommodation, or conveyance listed in Sec. 7-704(b) of this subtitle; and (4) a service animal trainer who is accompanied by an animal that is being trained as a service animal. (b) This section does not require a physical modification of any place or vehicle in order to admit an individual with a disability or any other individual authorized under this subtitle to use a service animal who is accompanied by a service animal. (c) (1) Except as provided in paragraph (2) of this subsection, a service animal trainer may be accompanied by an animal that is being trained as a service animal in any place where an individual with a disability or a parent of a minor child with a disability has the right to be accompanied by a service animal. (2) An animal being trained as a service animal and accompanied by a service animal trainer may be excluded from a place described in paragraph (1) of this subsection if admitting the animal would create a clear danger of a disturbance or physical harm to an individual in the place. (d) (1) An individual with a disability or a parent of a minor child with a disability who is accompanied by a service animal specially trained for that purpose in a place, accommodation, or conveyance listed in Sec. 7-704(b) of this subtitle may not be required to pay extra compensation for the service animal, but the individual may be liable for any damages to the premises or facilities caused by the service animal. (2) A service animal trainer who is accompanied by an animal that is being trained as a service animal may not be required to pay extra compensation for the animal, but the service animal trainer organization that certifies the service animal may be liable for any personal injuries or damages to the premises or facilities caused by the service animal. (e) (1) (i) A person may not deny or interfere with the admittance of a service animal that accompanies an individual with a disability or a parent of a minor child with a disability in violation of this section. (ii) A person who violates subparagraph (i) of this paragraph is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each offense. (2) (i) A person may not deny or interfere with the admittance of an animal being trained as a service animal that accompanies a service animal trainer. (ii) Subject to subsection (c)(2) of this section, a person who violates subparagraph (i) of this paragraph is subject to a fine not exceeding $25 for each offense. #### Section 7-706 (a) This subtitle does not affect Sec. 21-511 of the Transportation Article as to the right-of-way of a blind, deaf, or hard of hearing pedestrian crossing a highway. (b) This subtitle does not require a person who rents or leases housing accommodations to modify the person's property or provide a higher degree of care for a blind or visually impaired individual than for an individual without those disabilities. #### Section 7-707 (a) (1) A person may not deny or interfere with admittance to or enjoyment of a public place, accommodation, or conveyance described in Sec. 7-704 of this subtitle or otherwise interfere with the rights of a blind, visually impaired, deaf, or hard of hearing individual under this subtitle. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each offense. (b) In addition to any other remedy provided under the Code for a violation of this subtitle, a person may maintain a civil action for injunctive relief against another person who denies or interferes with admittance to or enjoyment of a public place, accommodation, or conveyance described in Sec. 7-704 of this subtitle or otherwise interferes with the rights of a blind, visually impaired, deaf, or hard of hearing individual under this subtitle. #### Section 7-708 Any organization or agency that requires a professional training program for the following individuals shall include a segment concerning the rights of individuals with disabilities who are accompanied by service animals: (1) first responders; (2) emergency shelter operators; and (3) 9-1-1 operators. #### Section 7-709 The Governor shall take suitable public notice of each October 15 as White Cane Safety Day by issuing a proclamation that: (1) comments on the significance of the white cane; (2) calls on the public to observe the White Cane Law under Sec.Sec. 7-704 through 7-707 of this subtitle and to take precautions necessary for the safety of blind and visually impaired individuals; (3) reminds the public of the policies with respect to blind and visually impaired individuals and urges cooperation with the policies; (4) emphasizes the need for awareness of the presence of blind and visually impaired individuals in the community and the need to keep roads, sidewalks, public accommodations, public buildings, public facilities, other public places, and other places to which the public is invited safe and functional for those individuals; and (5) offers assistance to blind and visually impaired individuals on appropriate occasions. ### Subtitle 8. Telecommunications Access of Maryland #### Section 7-801 (a) In this subtitle the following words have the meanings indicated. (b) "Board" means the Governor's Advisory Board for Telecommunications Relay. (c) "Communications company" means a public service company, as defined in Sec. 1-101 of the Public Utilities Article, or any other company, that provides a communications service. (d) "Communications service" means: (1) landline telephone service; (2) wireless or cellular telephone service; or (3) Voice over Internet Protocol (VoIP) service, as defined in Sec. 8-601 of the Public Utilities Article. (e) "Department" means the Department of Disabilities. (f) "Dual party telephone relay program" means a service that provides full and simultaneous communication between a person or persons with a disability that prevents them from using a standard telephone and a person or persons without that disability using conventional telephone equipment or other technology or equipment, whereby the disabled person or persons have their message relayed through an intermediary party using specialized telecommunications equipment. (g) "Program" means the dual party telephone relay program. (h) "Program participant" means a resident of the State who uses the dual party telephone relay program. (i) (1) "Specialized customer telephone equipment" means any communications device that enables or assists a person with a disability to communicate with others by means of the public switched telephone network or Internet protocol-enabled voice communications service. (2) "Specialized customer telephone equipment" includes: (i) TDD/TT/TTY; (ii) amplifiers; (iii) captioned telephones; (iv) VRS equipment; (v) cell phones; (vi) pagers; (vii) puff blow devices; (viii) Braille-TTY devices; and (ix) equipment for the mobility disabled. (j) "Telecommunications device for the deaf" or "TDD/TT/TTY" means all types of mechanical devices that enable disabled individuals to communicate through messages sent and received through a telephone or wireless network. #### Section 7-802 There is a Governor's Advisory Board for Telecommunications Relay in the Department. #### Section 7-803 (a) The Board shall be composed of 14 individuals appointed by the Governor, who shall designate the chair, including: (1) five representatives of the deaf or hard of hearing community; (2) one representative of the mobility-impaired community who requires the use of specialized customer telephone equipment; (3) one representative of the speech-impaired community who requires the use of specialized customer telephone equipment; (4) one representative of the senior citizen community who requires the use of specialized customer telephone equipment; (5) one representative of the deaf-blind community; (6) three representatives of government, one of whom is a representative of the Public Service Commission; (7) one representative from the Maryland Commission on Disabilities; and (8) one representative from the Governor's Office of the Deaf, Deafblind, and Hard of Hearing. (b) (1) The term of a member is 3 years. (2) The terms of members are staggered as required by the terms provided for members of the Board on June 30, 2008. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (5) The Governor may remove a member for incompetence or misconduct. (c) The members of the Board shall serve without compensation, but shall be reimbursed for all reasonable expenses incurred in the performance of their duties. (d) By January 1 of each year, the Board shall file an annual report on its activities to the General Assembly in accordance with Sec. 2-1257 of the State Government Article. (e) The Board shall advise the Department with regard to the program's: (1) level of access to program participants; and (2) quality of service. #### Section 7-804 (a) The Department in consultation with the Board shall: (1) establish and administer a program to provide cost-efficient, 24-hour, dual party relay service to program participants at a comparable level of access and quality that a standard telecommunication service provides to a person without a hearing or speech disability; (2) develop the program in collaboration with State programs currently serving disabled individuals and with community agencies or other organizations that have established relay programs; and (3) maintain an information and referral service to provide information about the availability of the relay service. (b) The Department in consultation with the Board shall: (1) contract with a private vendor or nonprofit organization to provide the information and referral service required under subsection (a)(3) of this section; and (2) provide appropriate staff assistance from the Department, including a director, to assist the Board in carrying out its duties under this subtitle. (c) The director provided under subsection (b)(2) of this section shall: (1) be an individual who is: (i) deaf, hard of hearing, deafblind, or speech disabled; and (ii) is a user of telecommunications relay services; (2) direct the implementation of services and programs established in accordance with this subtitle and Subtitle 9 of this title; and (3) advise the Department and the Secretary of Disabilities on regulatory policy and the administration of the Universal Service Trust Fund. #### Section 7-805 The Department in consultation with the Board shall adopt regulations to carry out the purposes of this subtitle. #### Section 7-806 (a) (1) Subject to paragraph (2) of this subsection, the programs under Sec. 7-804(a) of this subtitle, Sec. 7-902(a) of this title, and Sec. 3.5-702 of the State Finance and Procurement Article shall be funded as provided in the State budget. (2) For fiscal year 2019 and each fiscal year thereafter, the program under Sec. 3.5-702 of the State Finance and Procurement Article shall be funded at an amount that: (i) is equal to the cost that the Department of Aging is expected to incur for the upcoming fiscal year to provide the service and administer the program; and (ii) does not exceed 5 cents per month for each account out of the surcharge amount authorized under subsection (c) of this section. (b) (1) There is a Universal Service Trust Fund created for the purpose of paying the costs of maintaining and operating the programs under: (i) Sec. 7-804(a) of this subtitle, subject to the limitations and controls provided in this subtitle; (ii) Sec. 7-902(a) of this title, subject to the limitations and controls provided in Subtitle 9 of this title; and (iii) Sec. 3.5-702 of the State Finance and Procurement Article, subject to the limitations and controls provided in Title 3.5, Subtitle 7 of the State Finance and Procurement Article. (2) Money in the Universal Service Trust Fund shall be held in the State Treasury. (3) Money in the Universal Service Trust Fund may only be used: (i) to fund the costs of the programs specified in paragraph (1) of this subsection; and (ii) to pay for the administration of the Universal Service Trust Fund. (c) (1) The costs of the programs under Sec. 7-804(a) of this subtitle, Sec. 7-902(a) of this title, and Sec. 3.5-702 of the State Finance and Procurement Article shall be funded by revenues generated by: (i) a surcharge to be paid by the subscribers to a communications service; and (ii) other funds as provided in the State budget. (2) (i) The surcharge may not exceed 18 cents per month for each account and shall be applied to all current bills rendered for a communications service in the State. (ii) The surcharge is payable at the time the bills for a communications service are due. (3) The surcharge to be collected under this section applies only to a communications service for which charges are billed by, or on behalf of, a communications company to a subscriber of the communications service. (d) (1) The Secretary shall annually certify to the Public Service Commission the costs of the programs under Sec. 7-804(a) of this subtitle, Sec. 7-902(a) of this title, and Sec. 3.5-702 of the State Finance and Procurement Article to be paid by the Universal Service Trust Fund for the following fiscal year. (2) (i) The Public Service Commission shall determine the surcharge for the following fiscal year necessary to fund the programs under Sec. 7-804(a) of this subtitle, Sec. 7-902(a) of this title, and Sec. 3.5-702 of the State Finance and Procurement Article. (ii) (1) In accordance with subsection (c)(2) of this section and subsubparagraph 2 of this subparagraph, the Public Service Commission shall set the surcharge for the following fiscal year at an amount that is no higher than necessary to generate sufficient revenues to fund the costs of the programs for the following fiscal year, as certified under paragraph (1) of this subsection. (2) In setting the surcharge under subsubparagraph 1 of this subparagraph, the Public Service Commission shall take into account whether the surcharge may be adjusted as a result of any uncommitted funds in the Universal Service Trust Fund at the end of the fiscal year that may be used to fund the costs of the programs for the following fiscal year. (3) The Secretary shall, on 60 days' notice, direct the affected communications companies to add the surcharge determined by the Public Service Commission under paragraph (2) of this subsection to all current bills rendered for communications service in the State. (e) (1) The affected communications companies shall act as collection agents for the Universal Service Trust Fund and shall remit all proceeds monthly to the Comptroller for deposit to the Universal Service Trust Fund. (2) The communications companies shall be entitled to credit against these proceeds in an amount equal to 1 1/2 percent of these proceeds to cover the expenses of billing, collecting, and remitting the surcharge and any additional charges. (f) (1) The Secretary shall administer the Universal Service Trust Fund. (2) The income derived from investment of money in the Universal Service Trust Fund shall accrue to the Universal Service Trust Fund. (3) Any funds remaining at the end of a fiscal year in the Universal Service Trust Fund shall be carried forward within the Universal Service Trust Fund for the maintenance and operation of the programs specified under subsection (b) of this section in the following fiscal year. (g) (1) The Legislative Auditor may conduct postaudits of a fiscal and compliance nature of the Universal Service Trust Fund and the expenditures made for purposes of Sec. 7-804(a) of this subtitle, Sec. 7-902(a) of this title, and Sec. 3.5-702 of the State Finance and Procurement Article. (2) The cost of the fiscal portion of the postaudit examination shall be paid from the Universal Service Trust Fund as an administrative cost. ### Subtitle 9. Telecommunications Devices and Distribution of Accessible Information for Disabled Individuals #### Section 7-901 (a) In this subtitle the following words have the meanings indicated. (b) "Board" means the Governor's Advisory Board for Telecommunications Relay established in Subtitle 8 of this title. (c) "Department" means the Department of Disabilities. (d) "Program" means the program administered by the Department in consultation with the Board to provide financial assistance for the purchase of specialized customer telephone equipment by eligible program participants. (e) "Program participant" means a person who: (1) is a resident of the State; (2) is certified by a licensed professional as having a disability which seriously limits or prohibits the use of the telephone or wireless network without specialized customer telephone equipment; (3) is certified by a licensed professional as being able to use specialized customer telephone equipment for which application is made; (4) meets the financial eligibility requirements established by the Department as a recipient of: (i) Transitional Emergency Medical and Housing Assistance (TEMHA); (ii) Supplemental Security Income (SSI); (iii) Social Security Disability Income (SSDI); or (iv) Temporary Assistance for Needy Families (TANF); and (5) at the time of application is not receiving similar services which are available and can be provided in a timely manner through another program. (f) "Qualified entity" means a nonprofit organization that: (1) produces audio editions of daily newspapers, available for interstate distribution using high-speed computer and telecommunications technology; and (2) provides a means of program administration and reader registration on the Internet. (g) "Specialized customer telephone equipment" or "equipment" means any communications device designed to assist program participants in using a telephone or wireless service provider's network. (h) "System" means the method which the Department shall use to provide equipment to eligible program participants. #### Section 7-902 (a) In accordance with the State budget and Sec. 7-806 of this title, the Department, in consultation with the Board, shall establish and administer a program: (1) to provide specialized customer telephone equipment to eligible program participants; and (2) to provide reimbursement of costs under Sec. 7-906 of this subtitle. (b) (1) In this subsection, "shopping facility" means an outdoor or indoor retail facility with a common pedestrian area housing more than five sales or rental establishments in which a majority of the tenants have a main entrance from the common pedestrian area. (2) This subsection applies to a shopping facility that: (i) provides a total number of four or more public pay telephones at the facility of which at least one is located in the common pedestrian area; and (ii) is larger than 500,000 square feet. (3) In accordance with the standards and regulations established by the Department, the owner, operator, manager, or other person having control of a shopping facility shall acquire and install at least one specialized communications device designed to enable customers with hearing or speech disabilities to access a telephone or wireless service providers network. #### Section 7-903 (a) The Department, in consultation with the Board, shall: (1) provide a system for eligible program participants to obtain equipment, but no single eligible participant shall receive more than $6,000; (2) provide a system for eligible program participants who cannot access telecommunications relay services in a traditional manner to obtain communication facilitators or related support services; (3) establish an information and referral service, including the toll-free numbers for the various access modes for the Maryland relay service and provide information about the availability of the equipment; (4) contract with private vendors or nonprofit organizations to provide the information and referral service and other auxiliary services; (5) as necessary, establish interagency agreements with other State agencies that provide technical assistance for disabled individuals to prevent duplicative programs; and (6) appoint appropriate staff to assist the Board in carrying out its activities under this subtitle. (b) The Board and the Department shall: (1) develop regulations; (2) develop and implement educational outreach programs; and (3) review and monitor the program. #### Section 7-904 This subtitle may not be construed to establish an entitlement program. #### Section 7-905 The Department in consultation with the Board shall adopt regulations to carry out the purposes of this subtitle. #### Section 7-906 (a) The Department in consultation with the Board shall enter into an agreement with the State Library Board, providing for an annual payment to be made to the State Library Agency in an amount equal to the cost incurred for the distribution of newspapers in a computerized audio format. (b) Under the agreement, the State Library Agency shall provide eligible blind and disabled individuals with access to newspapers in a computerized audio format by a qualified entity. ### Subtitle 10. Maryland Statewide Independent Living Council #### Section 7-1001 (a) In this subtitle the following words have the meanings indicated. (b) "Centers for Independent Living" means community-based organizations that are designed and operated by people with disabilities. (c) "Council" means the Maryland Statewide Independent Living Council. (d) "Designated State Entity" means the State entity identified in the State Plan for Independent Living as having responsibility for providing administrative support and disbursement of funds to the Council to carry out the State Plan. (e) "State Plan" means the State Plan for Independent Living that is required to receive funds under the federal Rehabilitation Act. #### Section 7-1002 (a) (1) There is a Maryland Statewide Independent Living Council that is a tax-exempt body politic and corporate and is an instrumentality of the State. (2) The Council is the entity that was created in 1993 by an executive order issued by the Governor, which established the Council in accordance with the federal Rehabilitation Act. (b) The Council shall: (1) work in conjunction with Centers for Independent Living in submitting, monitoring, implementing, and evaluating the State Plan; and (2) carry out other duties as required under this subtitle and the federal Rehabilitation Act to support the implementation of the State Plan. #### Section 7-1003 (a) (1) The Governor shall appoint the members of the Council in accordance with the federal Rehabilitation Act or any other federal law that modifies provisions for statewide independent living councils. (2) A member of the Council shall reside in the State. (3) In making appointments to the Council, the Governor shall consider: (i) diversity based on sex, gender identity, sexual orientation, race, ethnicity, and economic status; and (ii) representation from all geographic regions of the State. (b) (1) (i) A member of the Council may not serve more than two consecutive full 3-year terms. (ii) In the event of a vacancy on the Council: (1) the Council may continue to execute its duties; and (2) the Governor shall appoint a member of the Council in accordance with subsection (a) of this section. (iii) A member appointed to fill a vacancy shall serve only for the balance of the remaining term at the time of appointment. (2) The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position. (3) Each year the Council shall elect a chair from among its members. (4) A member of the Council: (i) may not receive compensation as a member of the Council; but (ii) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (c) The Council may act with an affirmative vote of a majority of its members. #### Section 7-1004 (a) (1) The Council shall employ an Executive Director. (2) The Executive Director shall have experience with, and possess qualifications relevant to, the activities and purposes of the Council. (b) The Council may: (1) employ a staff; (2) adopt bylaws, policies, and procedures related to operating the Council; (3) retain any necessary accountants, financial advisors, or other consultants; (4) maintain offices at a place the Council designates in the State; (5) accept loans, grants, or assistance of any kind from any entity of federal, State, or local government, an institution of higher education, or a private source if the Council gives prior notice to the Designated State Entity; (6) enter into contracts and other legal instruments; (7) sue or be sued; and (8) do all things necessary or convenient to carry out the powers granted by this subtitle. #### Section 7-1005 (a) The Attorney General is the legal advisor to the Council. (b) With the approval of the Attorney General, the Council may retain any other necessary attorneys. #### Section 7-1006 (a) Except as provided in subsections (b), (c), and (e) of this section, the Council is exempt from Title 10 and Division II of the State Finance and Procurement Article. (b) The Council is subject to: (1) the Open Meetings Act; and (2) the Public Information Act. (c) The employees of the Council are subject to the Public Ethics Law. (d) The employees of the Council are not subject to the provisions of Division I of the State Personnel and Pensions Article that govern the State Personnel Management System. (e) The Council and the employees of the Council are subject to Title 12, Subtitle 4 of the State Finance and Procurement Article. (f) Each year, the Designated State Entity shall audit the books and records of the Council. #### Section 7-1007 (a) A debt, a claim, an obligation, or a liability of the Council is not: (1) a debt, a claim, an obligation, or a liability of the State; or (2) a pledge of the credit of the State. (b) The Council is exempt from State and local taxes. ### Subtitle 11. Individuals with Disabilities and Service-Disabled Veterans Boating Fund #### Section 7-1101 (a) In this subtitle the following words have the meanings indicated. (b) "Department" means the Department of Disabilities. (c) "Eligible companion" means an accompanying family member or direct support professional of an individual with disabilities or of a service-disabled veteran participating in sailing, boating, kayaking, canoeing, paddleboarding, or surfing activities. (d) "Fund" means the Individuals With Disabilities and Service-Disabled Veterans Boating Fund. (e) (1) "Individuals with disabilities" means individuals considered disabled in accordance with the federal Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102. (2) "Individuals with disabilities" includes individuals with learning disabilities. (f) "Secretary" means the Secretary of Disabilities. (g) "Service-disabled veteran" means a veteran with a disability that is service-connected, as defined in 38 U.S.C. Sec. 101(16). #### Section 7-1102 (a) There is an Individuals With Disabilities and Service-Disabled Veterans Boating Fund. (b) The purpose of the Fund is to provide sailing, boating, kayaking, canoeing, paddleboarding, and surfing opportunities for individuals with disabilities, service-disabled veterans, and their eligible companions. (c) The Department shall administer the Fund. (d) (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (e) The Fund consists of: (1) money appropriated in the State budget to the Fund; and (2) any other money from any other source accepted for the benefit of the Fund. (f) The Fund may be used only for: (1) providing State grants under this section; and (2) administrative expenses of the Department in administering the Fund. (g) (1) Subject to paragraph (2) of this subsection, the Department may provide a grant of not more than $40,000 in a fiscal year to a grantee to provide sailing, boating, kayaking, canoeing, paddleboarding, or surfing opportunities for individuals with disabilities and their eligible companions or service-disabled veterans and their eligible companions. (2) The Department may provide grants under this section only to a nonprofit organization in good standing that: (i) is qualified under Sec. 501(c)(3) of the Internal Revenue Code; (ii) has been in operation for at least 3 years, notwithstanding a cessation of operations during a national or public health emergency issued: (1) by the President of the United States under Sec. 201, Sec. 202(d), or Sec. 301 of the federal National Emergencies Act; or (2) by the Secretary of Health and Human Services under the federal Public Health Service Act; and (iii) has engaged individuals with disabilities or service-disabled veterans in sailing, boating, kayaking, canoeing, paddleboarding, or surfing activities on State waters at least 25 times in each of the past 3 years. ### Subtitle 12. Maryland Assistive Technology Program #### Section 7-1201 (a) In this subtitle the following words have the meanings indicated. (b) "Department" means the Department of Disabilities. (c) "Initiative" means the Maryland as a Model Employer Initiative. (d) "Office" means the Office of Disability Employment Advancement and Policy. (e) "Secretary" means the Secretary of Disabilities. #### Section 7-1202 (a) There is an Office of Disability Employment Advancement and Policy within the Department. (b) The purpose of the Office includes: (1) the development and implementation of strategies in the State Disabilities Plan, established under Sec. 7-132 of this title, relating to the employment, training, and career-readiness of individuals with disabilities; (2) performing duties under Sec. 7-114 of this title necessary to support statewide policies and standards relating to the employment, training, and career-readiness of individuals with disabilities; (3) collecting information and data from units of State government relating to the employment, training, and career-readiness of individuals with disabilities, in accordance with Sec. 7-115 of this title; and (4) implementing the Maryland as a Model Employer Initiative, established under Sec. 7-1205 of this subtitle. (c) Beginning in fiscal year 2027, the Governor may include in the annual budget bill an appropriation of $250,000 for the Office. #### Section 7-1203 The Secretary may adopt regulations as necessary to carry out the provisions of this subtitle. #### Section 7-1204 This subtitle may not be construed to establish an entitlement program. #### Section 7-1205 (a) Beginning July 1, 2026, the Office shall be responsible for implementation and oversight of the Maryland as a Model Employer Initiative. (b) The purpose of the Initiative shall include: (1) promoting the recruitment, hiring, retention, and career advancement of people with disabilities across State government; (2) conducting and coordinating outreach to job seekers with disabilities and State government to encourage participation in the Initiative; (3) developing and delivering trainings to State agencies and units addressing best practices, resources, and relevant federal and State laws pertaining to the employment of people with disabilities; (4) assisting State government agencies and units to attract qualified job seekers with disabilities to available positions; (5) promoting access to and acquisition of assistive technology for new State employees with disabilities; (6) evaluating State employment practices and policies and making recommendations regarding ways to reduce barriers for job seekers and employees with disabilities; (7) collecting from each unit of State government, as part of the plans required under Sec. 7-116 of this title, performance goals related to hiring and retention efforts for employees with disabilities and any data deemed necessary by the Secretary to demonstrate performance outcomes; and (8) reporting on the Initiative's outcomes in compliance with subsection (c) of this section. (c) On or before December 1, 2026, and each December 1 thereafter, the Office shall report to the Governor and the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on: (1) progress and outcomes of the Initiative; and (2) recommendations developed by the Initiative for continued improvement of State government employment practices for people with disabilities. ### Subtitle 13 #### Section 7-1301 (a) In this subtitle the following words have the meanings indicated. (b) "Adapted vehicle" means a motor vehicle that has been modified to be operated by an individual who requires a mobility aid. (c) "Department" means the Department of Disabilities. (d) "Donation" means the voluntary transfer of property, services, or funds to the Program or an eligible individual. (e) "Eligible individual" means an individual who: (1) requires a mobility aid; (2) is a licensed driver; and (3) is qualified to drive an adapted vehicle. (f) "Program" means the Adapted Vehicle Access Pilot Program. #### Section 7-1302 (a) There is an Adapted Vehicle Access Pilot Program. (b) The purpose of the Program is to provide adapted vehicles to eligible individuals who do not qualify for other programs offered by the Department that provide access to adapted vehicles. (c) The Department shall implement and administer the Program. (d) The Department shall select eligible individuals to participate in the Program and shall prioritize individuals who reside in areas with limited access to public transportation. (e) (1) The Department shall request, apply for, and facilitate donations of vehicles, vehicle modification and adaptation services, and funds from individuals or public or private corporations to implement the Program. (2) The Department may apply for, receive, and spend federal funds and grants available for use in carrying out the Program. (f) The Department shall study the impacts of the Program on the recipients' independence, mobility, job opportunities, and dependency on public subsidies. (g) (1) On or before December 1, 2028, the Department shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the Pilot Program. (2) The report required under paragraph (1) of this subsection shall include: (i) the number of recipients of vehicles under the Program; (ii) information regarding how the Program has affected the recipients' independence, mobility, job opportunities, and dependency on public subsidies; (iii) information regarding the availability of vehicles, modification and adaptation services, and funds; and (iv) a recommendation on whether the Program should be extended or expanded. (3) In reporting the data required under paragraph (2)(ii) of this subsection, the Department shall make reasonable efforts to anonymize the data to protect the privacy of recipients. ### Subtitle 14 #### Section 7-1401 (a) In this subtitle the following words have the meanings indicated. (b) "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (c) "Assistive technology service" means any service that assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. (d) "Department" means the Department of Disabilities. (e) "Fund" means the Assistive Technology Services Fund. (f) "Program" means the Maryland Assistive Technology Program. (g) "Secretary" means the Secretary of Disabilities. #### Section 7-1402 (a) There is a Maryland Assistive Technology Program in the Department. (b) The purpose of the Program is to: (1) increase access to assistive technology devices and assistive technology services for individuals with disabilities; (2) support the State's efforts to improve the provision of assistive technology to individuals with disabilities of all ages, including underrepresented populations, through comprehensive statewide programs of technology-related assistance; (3) ensure statewide access to assistive technology lending libraries that allow individuals with disabilities and those supporting individuals with disabilities to learn about, try, and borrow assistive technology devices through short-term loans; and (4) implement activities required by federal grants, including funding authorized under the federal 21st Century Assistive Technology Act. (c) The Program shall provide access to or conduct assistive technology services that include any activity described in the federal 21st Century Assistive Technology Act. #### Section 7-1403 (a) There is an Assistive Technology Services Fund in the Department. (b) The purpose of the Fund is to receive revenue from assistive technology services provided by the Program, including: (1) assistive technology assessments; (2) assistive technology training; (3) digital accessibility training; (4) digital accessibility website evaluations; and (5) digital accessibility remediation services. (c) The Secretary, through the Program, shall administer the Fund. (d) (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (e) The Fund consists of: (1) revenue distributed to the Fund under subsection (b) of this section; (2) money appropriated in the State budget to the Fund; (3) interest earnings; and (4) any other money from any other source accepted for the benefit of the Fund. (f) The Fund may be used only to support the operations of the Program, including the purchase of assistive technology devices. (g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. (2) Any interest earnings of the Fund shall be credited to the Fund. (h) Expenditures from the Fund may be made only in accordance with the State budget. (i) Money expended from the Fund for the Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Program. #### Section 7-1404 This subtitle may not be construed to establish an entitlement program. #### Section 7-1405 The Secretary may adopt regulations to implement this subtitle. ### Subtitle 15 #### Section 7-1501 #### Section 7-1502 #### Section 7-1503 #### Section 7-1504 #### Section 7-1505 #### Section 7-1506 --- Md. Code Ann., Hum. Servs. (as displayed at mgaleg.maryland.gov, October 16, 2026)