<?xml version='1.0' encoding='utf-8'?>
<section article="ghu" article_name="Human Services" number="7-117" title_number="7" title_name="Individuals With Disabilities" subtitle_number="1" subtitle_name="Department of Disabilities">
  <level label="a">
    <text>In accordance with § 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.</text>
  </level>
  <level label="b">
    <text>The purpose of an affiliated foundation is to:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>promote activities that:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>support training, technical assistance, and reasonable accommodations that promote the hiring and retention of individuals with disabilities in private and public sector employment; and</text>
      </level>
      <level label="iii">
        <text>create opportunities for integrated, affordable, and accessible housing for individuals with disabilities to live in the communities of their choice.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The Department shall:</text>
      <level label="i">
        <text>develop policies for operating each affiliated foundation that the Department establishes, including the affiliated foundation name; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <text>The Office of the Attorney General shall:</text>
      <level label="i">
        <text>review the policies the Department develops under paragraph (1) of this subsection for form and legal sufficiency; and</text>
      </level>
      <level label="ii">
        <text>if appropriate, approve the policies for use in governing the Department’s relationship with the affiliated foundation.</text>
      </level>
    </level>
    <level label="3">
      <text>The State Ethics Commission shall:</text>
      <level label="i">
        <text>review the policies the Department develops under paragraph (1) of this subsection that pertain to conflicts of interest; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>In accordance with § 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.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>An affiliated foundation established under this section may not:</text>
      <level label="i">
        <text>be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose;</text>
      </level>
      <level label="ii">
        <text>make, influence, or participate in determinations regarding eligibility for any program, benefit, or services administered or supported by the Department; or</text>
      </level>
      <level label="iii">
        <text>establish, influence, or implement public policy, program standards, priorities, or eligibility criteria for the Department.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>Notwithstanding §§ 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.</text>
    </level>
    <level label="2">
      <text>An official or employee of the Department who serves as a director or an official of an affiliated foundation established under this section:</text>
      <level label="i">
        <text>may not be compensated, directly or indirectly, by the affiliated foundation; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
    <level label="4">
      <text>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 § 2–1257 of the State Government Article, and the State Ethics Commission on:</text>
      <level label="i">
        <text>the names of the officials and employees serving as a director or an official of an affiliated foundation; and</text>
      </level>
      <level label="ii">
        <text>how the policies adopted under subsection (c) of this section have been implemented in the preceding calendar year.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>Each year, the Department shall hire an independent certified public accountant to:</text>
      <level label="i">
        <text>audit an affiliated foundation established under this section; and</text>
      </level>
      <level label="ii">
        <text>submit to the Department a report on the audit of the affiliated foundation.</text>
      </level>
    </level>
    <level label="2">
      <text>Notwithstanding subsection (d) of this section, if an affiliated foundation has not been audited within the past year:</text>
      <level label="i">
        <text>the affiliated foundation may not solicit and receive contributions; and</text>
      </level>
      <level label="ii">
        <text>the Department may not accept contributions from the affiliated foundation.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <text>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.</text>
  </level>
  <level label="i">
    <text>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.</text>
  </level>
</section>
