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*sb0022*
SENATE BILL 22
O3 (6lr0053)
ENROLLED BILL
— Finance/Appropriations —
Introduced by Chair, Finance Committee (By Request – Departmental –
Disabilities)
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _________ ______ at ________________________ o’clock, ________M.
______________________________________________
President.
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 affiliated 5
foundations to work with certain programs and units of the Department to solicit 6
and acc ept 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
2 SENATE BILL 22
Section 7–114(b) 1
Annotated Code of Maryland 2
(2019 Replacement Volume and 2025 Supplement) 3
BY adding to 4
Article – Human Services 5
Section 7–117 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2025 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Human Services 11
7–114. 12
(b) The Department shall oversee and administer the following programs and 13
units: 14
(1) constituent services and ombudsmen programs; 15
(2) the Assistive Technology Guaranteed Loan Program unde r Subtitle 6 16
of this title; 17
(3) the Office of Personal Assistance Services, including the Attendant 18
Care Program under Subtitle 4 of this title; 19
(4) Telecommunications Access of Maryland under Subtitle 8 of this title; 20
(5) Telecommunications Devic es and Distribution of Accessible 21
Information for Disabled Individuals under Subtitle 9 of this title; 22
(6) the Office of Disability Employment Advancement and Policy; [and] 23
(7) the Maryland Assistive Technology Program under Subtitle 14 of this 24
title; AND 25
(8) AFFORDABLE AND ACCESSIBLE HOUSING PROGRAMS. 26
7–117. 27
(A) IN ACCORDANCE WITH § 7–114 OF THIS SUBTITLE , THE DEPARTMENT 28
MAY ESTABLISH ONE OR MORE AFFILIATED FOUN DATIONS TO WORK WITH THE 29
MARYLAND ASSISTIVE TECHNOLOGY PROGRAM, THE ASSISTIVE TECHNOLOGY 30
GUARANTEED LOAN PROGRAM, THE OFFICE OF DISABILITY EMPLOYMENT 31
SENATE BILL 22 3
ADVANCEMENT AND POLICY, AND THE DEPARTMENT’S AFFORDABLE AND 1
ACCESSIBLE HOUSING PROGRAMS. 2
(B) THE PURPOSE OF AN AFFILIATED FOUNDATION IS TO: 3
(1) SOLICIT AND ACCEPT F UNDS AND PARTNE R WITH INDIVIDUALS , 4
CORPORATIONS, AND OTHER ENTITIES T O SUPPORT INNOVATIVE PROJECTS 5
DESIGNED TO MAINTAIN , EXPAND, AND ENHANCE THE PROG RAMS AND UNITS 6
SPECIFIED IN SUBSECTION (A) OF THIS SECTION; AND 7
(2) PROMOTE ACTIVITIES THAT: 8
(I) ENHANCE AWARENESS OF, ACCESS TO, AND EFFECTIVE USE 9
OF ASSISTIVE TECHNOL OGY, ACCESSIBLE INFORMATI ON TECHNOLOGY , AND 10
ENVIRONMENTAL ADAPTATIONS THAT ALLOW IND IVIDUALS WITH DISABILITIES TO 11
PARTICIPATE IN EMPLOYMENT, EDUCATION, HOUSING, TRANSPORTATION, PUBLIC 12
SAFETY, RECREATION, HEALTH CARE, AND OTHER ASPECTS OF DAILY LIFE; 13
(II) SUPPORT TRAINING , TECHNICAL ASSISTANCE , AND 14
REASONABLE ACCOMMODATIONS THAT PROMOTE T HE HIRING AND RETENT ION OF 15
INDIVIDUALS WITH DIS ABILITIES IN PRIVATE AND PUBLIC SECTOR EM PLOYMENT; 16
AND 17
(III) CREATE OPPORTUNITIES FOR INTEGRATED, AFFORDABLE, 18
AND ACCESSIBLE HOUSI NG FOR INDIVIDUALS W ITH DISABILITIES TO LIVE IN THE 19
COMMUNITIES OF THEIR CHOICE. 20
(C) (1) THE DEPARTMENT SHALL: 21
(I) DEVELOP POLICIES FOR OPERATING EACH AFFIL IATED 22
FOUNDATION THAT THE DEPARTMENT ESTABLISHES, INCLUDING THE AFFILIATED 23
FOUNDATION NAME; AND 24
(II) SUBMIT EACH POLICY DEVELOPED TO THE OFFICE OF THE 25
ATTORNEY GENERAL AND THE STATE ETHICS COMMISSION FOR REVIEW AND, IF 26
APPROPRIATE, APPROVAL IN ACCORDANCE WITH PARAGRAPHS (2) AND (3) OF THIS 27
SUBSECTION. 28
(2) THE OFFICE OF THE ATTORNEY GENERAL SHALL: 29
(I) REVIEW THE POLICIES THE DEPARTMENT DEVELOPS 30
UNDER PARAGRAPH (1) OF THIS SUBSECTION FOR FORM AND LEGAL SUFFICIENCY; 31
AND 32
4 SENATE BILL 22
(II) IF APPROPRIATE , APPROVE THE POLICIES FOR USE IN 1
GOVERNING THE DEPARTMENT’S RELATIONSHIP WITH THE AFFILIATED 2
FOUNDATION. 3
(3) THE STATE ETHICS COMMISSION SHALL: 4
(I) REVIEW THE POLICIES THE DEPARTMENT DEVELOPS 5
UNDER PARAGRAPH (1) OF THIS SUBSECTION T HAT PERTAIN TO CONFL ICTS OF 6
INTEREST; AND 7
(II) IF APPROPRIATE , APPROVE THE POLICIES FOR USE IN 8
GOVERNING AN OFFICIAL OR EMPLOYEE OF THE DEPARTMENT WHO ALSO S ERVES 9
AS A DIRECTOR OR AN OFFICIAL OF THE AFFILIATED FOUNDATION. 10
(D) (1) AN AFFILIATED FOUNDAT ION MAY SOLICIT AND RECEIVE 11
CONTRIBUTIONS FROM BUSINESSES, GOVERNMENTAL ENTITIE S, NONPROFIT 12
ORGANIZATIONS, AND INDIVIDUALS INTERESTED IN THE PROMOTION OF PROGRAMS 13
AND UNITS ADMINISTERED OR SUPPORTED BY THE DEPARTMENT. 14
(2) IN ACCORDANCE WITH § 7–113 OF THIS SUBTITLE AUT HORIZING 15
THE SECRETARY TO RECEI VE FUNDS FROM ANY PU BLIC OR PRIVATE SOUR CE TO 16
CARRY OUT THE POWERS AND DUTIES OF THE DEPARTMENT, THE SECRETARY 17
SHALL RECEIVE AND DE POSIT FUNDS FROM AN AFFILIATED FOUNDATION INTO A 18
SEPARATE SPECIAL FUND. 19
(E) (1) AN AFFILIATED FOUNDAT ION ESTABLISHED UNDE R THIS 20
SECTION MAY NOT: 21
(I) BE CONSIDERED AN AGENCY OR INSTRUMENTALITY OF THE 22
STATE OR A UNIT OF THE EXECUTIVE BRANCH FOR ANY PURPOSE; 23
(II) MAKE, INFLUENCE, OR PARTICIPATE IN DE TERMINATIONS 24
REGARDING ELIGIBILITY FOR ANY PROGRAM, BENEFIT, OR SERVICES ADMINISTERED 25
OR SUPPORTED BY THE DEPARTMENT; OR 26
(III) ESTABLISH, INFLUENCE, OR IMPLEMENT PUBLIC POLICY, 27
PROGRAM STANDARDS , PRIORITIES, OR ELIGIBILITY CRITE RIA FOR THE 28
DEPARTMENT. 29
(2) A FINANCIAL OBLIGATION OR LIABILITY OF AN A FFILIATED 30
FOUNDATION ESTABLISHED UNDER THIS SECTION MAY NOT BE CONSIDERED A DEBT 31
OR AN OBLIGATION OF THE STATE OR THE DEPARTMENT. 32
SENATE BILL 22 5
(F) (1) NOTWITHSTANDING §§ 5–501 THROUGH 5–504 OF THE GENERAL 1
PROVISIONS ARTICLE, AN OFFICIAL OR EMPLO YEE OF THE DEPARTMENT MAY 2
BECOME A DIRECTOR O R AN OFFICIAL OF AN AFFILIATED FOUNDATIO N 3
ESTABLISHED UNDER THIS SECTION. 4
(2) AN OFFICIAL OR EMPLOY EE OF THE DEPARTMENT WHO SERVES 5
AS A DIRECTOR OR AN OFFICIAL OF AN AFFIL IATED FOUNDATION EST ABLISHED 6
UNDER THIS SECTION: 7
(I) MAY NOT BE COMPENSATED, DIRECTLY OR INDIRECTLY, BY 8
THE AFFILIATED FOUNDATION; AND 9
(II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES INCURRED 10
IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE 11
AFFILIATED FOUNDATION AS AUTHORIZED BY T HE DEPARTMENT AND THE BO ARD 12
OF DIRECTORS OF THE AFFILIATED FOUNDATION. 13
(3) (I) THE DEPARTMENT SHALL NOTI FY THE STATE ETHICS 14
COMMISSION IN WRITING WHENEVER THE DEPARTMENT ALLOWS AN OFFICIAL OR 15
EMPLOYEE OF THE DEPARTMENT TO SERVE AS A DIRECTOR OR AN OFFICIAL OF AN 16
AFFILIATED FOUNDATION. 17
(II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 18
SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE STATE ETHICS COMMISSION SHALL 19
NOTIFY THE DEPARTMENT OF ANY OBJECTIONS OR CONCERNS PERTAINING TO THE 20
JOINT SERVICE IDENTIFIED IN THE NOTICE. 21
(III) ON RECEIPT O F A NOTICE FROM THE STATE ETHICS 22
COMMISSION UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE DEPARTMENT 23
SHALL REEXAMINE THE JOINT SERVICE IDENTIFIED IN THE NOTICE. 24
(4) ON OR BEFORE SEPTEMBER 1 EACH YEAR , THE DEPARTMENT 25
SHALL REPORT TO THE GOVERNOR, THE LEGISLATIVE POLICY COMMITTEE OF THE 26
GENERAL ASSEMBLY IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 27
ARTICLE, AND THE STATE ETHICS COMMISSION ON: 28
(I) THE NAMES OF THE OFF ICIALS AND EMPLOYEES SERVING 29
AS A DIRECTOR OR AN OFFICIAL OF AN AFFILIATED FOUNDATION; AND 30
(II) HOW THE POLICIES ADO PTED UNDER SUBSECTIO N (C) OF 31
THIS SECTION HAVE BEEN IMPLEMENTED IN THE PRECEDING CALENDAR YEAR. 32
6 SENATE BILL 22
(G) (1) EACH YEAR , THE DEPARTMENT SHALL HIRE AN INDEPENDENT 1
CERTIFIED PUBLIC ACCOUNTANT TO: 2
(I) AUDIT AN AFFILIA TED FOUNDATION ESTAB LISHED UNDER 3
THIS SECTION; AND 4
(II) SUBMIT TO THE DEPARTMENT A REPORT ON THE AUDIT OF 5
THE AFFILIATED FOUNDATION. 6
(2) NOTWITHSTANDING SUBSE CTION (D) OF THIS SECTION , IF AN 7
AFFILIATED FOUNDATION HAS NOT BEEN AUDITED WITHIN THE PAST YEAR: 8
(I) THE AFFILIATED FOUND ATION MAY NOT SOLICI T AND 9
RECEIVE CONTRIBUTIONS; AND 10
(II) THE DEPARTMENT MAY NOT AC CEPT CONTRIBUTIONS 11
FROM THE AFFILIATED FOUNDATION. 12
(H) CONTRIBUTIONS ACCEPTE D BY THE DEPARTMENT FROM AN 13
AFFILIATED FOUNDATION ESTABLISHED UNDER THIS SECTION ARE SUPPLEMENTAL 14
TO AND ARE NOT INTEN DED TO TAKE THE PLAC E OF FUNDING THAT OT HERWISE 15
WOULD BE APPROPRIATED IN THE ANNUAL BUDGET BILL OR CAPITAL BUDGET BILL 16
FOR THE DEPARTMENT. 17
(I) THIS SECTION MAY NOT BE CONSTRUED TO LIMI T OR RES TRICT THE 18
AUTHORITY OF THE DEPARTMENT OR OTHER A UTHORIZED GOVERNMENT AL 19
ENTITIES TO DETERMINE ELIGIBILITY OR MAKE POLICY DECISIONS. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2026. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.