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*hb0226*
HOUSE BILL 226
O3, G2 6lr0054
(PRE–FILED) CF SB 22
By: Chair, Appropriations Committee (By Request – Departmental – Disabilities)
Requested: September 25, 2025
Introduced and read first time: January 14, 2026
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted with floor amendments
Read second time: February 12, 2026
CHAPTER ______
AN ACT concerning 1
Department of Disabilities – Housing Programs and Affiliated Foundations – 2
Establishment 3
FOR the purpose of requiring the Department of Disabilities to establish affordable and 4
accessible housing programs; authorizing the Department to establish affilia ted 5
foundations to work with certain programs and units of the Department to solicit 6
and accept funds, partner with individuals and entities, and promote certain 7
activities that support certain projects; prohibiting an affiliated foundation from 8
influencing certain determinations made by the Department; and generally relating 9
to the establishment of housing programs and affiliated foundations by the 10
Department of Disabilities. 11
BY repealing and reenacting, with amendments, 12
Article – Human Services 13
Section 7–114(b) 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2025 Supplement) 16
BY adding to 17
Article – Human Services 18
Section 7–117 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2025 Supplement) 21
2 HOUSE BILL 226
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Human Services 3
7–114. 4
(b) The Department shall oversee and administer the following programs and 5
units: 6
(1) constituent services and ombudsmen programs; 7
(2) the Assistive Technology Guaranteed Loan Program under Subtitle 6 8
of this title; 9
(3) the Office of Personal Assistance Services, including the Attendant 10
Care Program under Subtitle 4 of this title; 11
(4) Telecommunications Access of Maryland under Subtitle 8 of this title; 12
(5) Telecommunications Devices and Distribution of Accessible 13
Information for Disabled Individuals under Subtitle 9 of this title; 14
(6) the Office of Disability Employment Advancement and Policy; [and] 15
(7) the Maryland Assistive Tec hnology Program under Subtitle 14 of this 16
title; AND 17
(8) AFFORDABLE AND ACCESSIBLE HOUSING PROGRAMS. 18
7–117. 19
(A) IN ACCORDANCE WITH § 7–114 OF THIS SUBTITLE , THE DEPARTMENT 20
MAY ESTABLISH ONE OR MORE AFFILIATED FOUN DATIONS TO WORK WITH THE 21
MARYLAND ASSISTIVE TECHNOLOGY PROGRAM, THE ASSISTIVE TECHNOLOGY 22
GUARANTEED LOAN PROGRAM, THE OFFICE OF DISABILITY EMPLOYMENT 23
ADVANCEMENT AND POLICY, AND THE DEPARTMENT’S AFFORDABLE AND 24
ACCESSIBLE HOUSING PROGRAMS. 25
(B) THE PURPOSE OF AN AFFILIATED FOUNDATION IS TO: 26
(1) SOLICIT AND ACCEPT F UNDS AND PARTNER WIT H INDIVIDUALS, 27
CORPORATIONS, AND OTHER ENTITIES T O SUPPORT INNOVATIVE PROJECTS 28
DESIGNED TO MAINTAIN , EXPAND, AND ENHANCE THE PROG RAMS AND UNITS 29
SPECIFIED IN SUBSECTION (A) OF THIS SECTION; AND 30
HOUSE BILL 226 3
(2) PROMOTE ACTIVITIES THAT: 1
(I) ENHANCE AWARENESS OF, ACCESS TO, AND EFFECTIVE USE 2
OF ASSISTIVE TECHNOL OGY, ACCESSIBLE INFORMATI ON TECHNOLOGY , AND 3
ENVIRONMENTAL ADAPTATIONS THAT ALLOW IND IVIDUALS WITH DISABILITIES TO 4
PARTICIPATE IN EMPLOYMENT, EDUCATION, HOUSING, TRANSPORTATION, PUBLIC 5
SAFETY, RECREATION, HEALTH CARE, AND OTHER ASPECTS OF DAILY LIFE; 6
(II) SUPPORT TRAINING , TECHNICAL ASSISTANCE , AND 7
REASONABLE ACCOMMODATIONS THAT PROMOTE T HE HIRING AND RETENT ION OF 8
INDIVIDUALS WITH DIS ABILITIES IN PRIVATE AND PUBLIC SECTOR EMPLOY MENT; 9
AND 10
(III) CREATE OPPORTUNITIES FOR INTEGRATED, AFFORDABLE, 11
AND ACCESSIBLE HOUSI NG FOR INDIVIDUALS W ITH DISABILITIES TO LIVE IN THE 12
COMMUNITIES OF THEIR CHOICE. 13
(C) (1) THE DEPARTMENT SHALL: 14
(I) DEVELOP POLICIES FOR OPERATING EACH AFFILIATED 15
FOUNDATION THAT THE DEPARTMENT ESTABLISHES, INCLUDING THE AFFILIATED 16
FOUNDATION NAME; AND 17
(II) SUBMIT EACH POLICY DEVELOPED TO THE OFFICE OF THE 18
ATTORNEY GENERAL AND THE STATE ETHICS COMMISSION FOR REVIEW AND, IF 19
APPROPRIATE, APPROVAL IN ACCORDANCE WITH PARAGRAPHS (2) AND (3) OF THIS 20
SUBSECTION. 21
(2) THE OFFICE OF THE ATTORNEY GENERAL SHALL: 22
(I) REVIEW THE POLICIES THE DEPARTMENT DEVELOPS 23
UNDER PARAGRAPH (1) OF THIS SUBSECTION FOR FORM AND LEGAL SUFFICIENCY; 24
AND 25
(II) IF AP PROPRIATE, APPROVE THE POLICIES FOR USE IN 26
GOVERNING THE DEPARTMENT’S RELATIONSHIP WITH THE AFFILIATED 27
FOUNDATION. 28
(3) THE STATE ETHICS COMMISSION SHALL: 29
4 HOUSE BILL 226
(I) REVIEW THE POLICIES THE DEPARTMENT DEVELOPS 1
UNDER PARAGRAPH (1) OF THIS SUBSECTION T HAT PERTAIN TO CONFLICTS OF 2
INTEREST; AND 3
(II) IF APPROPRIATE , APPROVE THE POLICIES FOR USE IN 4
GOVERNING AN OFFICIAL OR EMPLOYEE OF THE DEPARTMENT WHO ALSO S ERVES 5
AS A DIRECTOR OR AN OFFICIAL OF THE AFFILIATED FOUNDATION. 6
(D) (1) AN AFFILIATED FOUNDAT ION MAY SOLICIT AND RECE IVE 7
CONTRIBUTIONS FROM B USINESSES, GOVERNMENTAL ENTITIE S, NONPROFIT 8
ORGANIZATIONS, AND INDIVIDUALS INTERESTED IN THE PROMOTION OF PROGRAMS 9
AND UNITS ADMINISTERED OR SUPPORTED BY THE DEPARTMENT. 10
(2) IN ACCORDANCE WITH § 7–113 OF THIS SUBTITLE AUTHORIZING 11
THE SECRETARY TO RECEIVE FUNDS FROM ANY PUBLI C OR PRIVATE SOURCE TO 12
CARRY OUT THE POWERS AND DUTIES OF THE DEPARTMENT, THE SECRETARY 13
SHALL RECEIVE AND DE POSIT FUNDS FROM AN AFFILIATED FOUNDATION INTO A 14
SEPARATE SPECIAL FUND. 15
(E) (1) AN AFFILIATED FOUNDAT ION ESTABLISHED UNDE R THIS 16
SECTION MAY NOT: 17
(I) BE CONSIDERED AN AGENCY OR INSTRUMENTALITY OF THE 18
STATE OR A UNIT OF THE EXECUTIVE BRANCH FOR ANY PURPOSE; 19
(II) MAKE, INFLUENCE, OR PARTICIPATE IN DE TERMINATIONS 20
REGARDING ELIGIB ILITY FOR ANY PROGRA M, BENEFIT, OR SERVICES 21
ADMINISTERED OR SUPPORTED BY THE DEPARTMENT; OR 22
(III) ESTABLISH, INFLUENCE, OR IMPLEMENT PUBLIC POLICY, 23
PROGRAM STANDARDS , PRIORITIES, OR ELIGIBILITY CRITE RIA FOR THE 24
DEPARTMENT. 25
(2) A FINANCIAL OBLIGATION OR LIABILITY OF AN A FFILIATED 26
FOUNDATION ESTABLISHED UNDER THIS SECTION MAY NOT BE CONSIDERED A DEBT 27
OR AN OBLIGATION OF THE STATE OR THE DEPARTMENT. 28
(F) (1) NOTWITHSTANDING §§ 5–501 THROUGH 5–504 OF THE GENERAL 29
PROVISIONS ARTICLE, AN OFFICIAL OR EMPLO YEE OF THE DEPARTMENT MAY 30
BECOME A DIRECTOR OR AN OFFICIAL OF AN AF FILIATED FOUNDATION 31
ESTABLISHED UNDER THIS SECTION. 32
HOUSE BILL 226 5
(2) AN OFFICIAL OR EMPLOY EE OF THE DEPARTMENT WHO SERVES 1
AS A DIRECTOR OR AN OFFICIAL OF AN AFFIL IATED FOUNDATION EST ABLISHED 2
UNDER THIS SECTION: 3
(I) MAY NOT BE COMPENSATED, DIRECTLY OR INDIRECTLY, BY 4
THE AFFILIATED FOUNDATION; AND 5
(II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES INCURRED 6
IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE 7
AFFILIATED FOUNDATION AS AUTHORIZED BY THE DEPARTMENT AND THE BO ARD 8
OF DIRECTORS OF THE AFFILIATED FOUNDATION. 9
(3) (I) THE DEPARTMENT SHALL NOTI FY THE STATE ETHICS 10
COMMISSION IN WRITING WHENEVER THE DEPARTMENT ALLOWS AN OFFICIAL OR 11
EMPLOYEE OF THE DEPARTMENT TO SERVE AS A DIRECTOR OR AN OFFICIAL OF AN 12
AFFILIATED FOUNDATION. 13
(II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 14
SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE STATE ETHICS COMMISSION SHALL 15
NOTIFY THE DEPARTMENT OF ANY OBJECTIONS OR CONCERNS PERTAINING TO THE 16
JOINT SERVICE IDENTIFIED IN THE NOTICE. 17
(III) ON RECEIPT OF A NOTIC E FROM THE STATE ETHICS 18
COMMISSION UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE DEPARTMENT 19
SHALL REEXAMINE THE JOINT SERVICE IDENTIFIED IN THE NOTICE. 20
(4) ON OR BEFORE SEPTEMBER 1 EACH YEAR , THE DEPARTMENT 21
SHALL REPORT TO THE GOVERNOR, THE LEGISLATIVE POLICY COMMITTEE OF THE 22
GENERAL ASSEMBLY IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 23
ARTICLE, AND THE STATE ETHICS COMMISSION ON: 24
(I) THE NAMES OF THE OFF ICIALS AND EMPLOYEES SERVING 25
AS A DIRECTOR OR AN OFFICIAL OF AN AFFILIATED FOUNDATION; AND 26
(II) HOW THE POLICIES ADO PTED UNDER SUBSECTIO N (C) OF 27
THIS SECTION HAVE BEEN IMPLEMENTED IN THE PRECEDING CALENDAR YEAR. 28
(G) (1) EACH YEAR , THE DEPARTMENT SHALL HIRE AN INDEPENDENT 29
CERTIFIED PUBLIC ACCOUNTANT TO: 30
(I) AUDIT AN AFFILIATED FOUNDATION ESTABLISHED UNDER 31
THIS SECTION; AND 32
6 HOUSE BILL 226
(II) SUBMIT TO THE DEPARTMENT A REPORT ON THE AUDIT OF 1
THE AFFILIATED FOUNDATION. 2
(2) NOTWITHSTANDING SUBSE CTION (D) OF THIS SECTION , IF AN 3
AFFILIATED FOUNDATION HAS NOT BEEN AUDITED WITHIN THE PAST YEAR: 4
(I) THE AFFILIATED FOUND ATION MAY NOT SOLICI T AND 5
RECEIVE CONTRIBUTIONS; AND 6
(II) THE DEPARTMENT MAY NOT AC CEPT CONTRIBUTIONS 7
FROM THE AFFILIATED FOUNDATION. 8
(H) CONTRIBUTIONS ACCEPTE D BY THE DEPARTMENT FROM AN 9
AFFILIATED FOUNDATION ESTABLISHED UNDER THIS SECTION ARE SUPPLEMENTAL 10
TO AND ARE NOT INTEN DED TO TAKE THE PLAC E OF FUNDING THAT OT HERWISE 11
WOULD BE APPROPRIATED IN THE ANNUAL BUDGET BILL OR CAPITAL BUDGET BILL 12
FOR THE DEPARTMENT. 13
(I) THIS SECTION MAY NOT BE C ONSTRUED TO LIMIT OR RESTRICT THE 14
AUTHORITY OF THE DEPARTMENT OR OTHER A UTHORIZED GOVERNMENT AL 15
ENTITIES TO DETERMINE ELIGIBILITY OR MAKE POLICY DECISIONS. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2026. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.