HB 1088
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 1088 (Delegate Acevero)
Health and Government Operations
Nondiscrimination and LGBTQ+ Individuals
This bill (1) expresses that it is the policy of the State to provide equal access to justice to
all and prohibit discrimination, as specified, with respect to the State’s court, child welfare,
housing and community development, human services, and juvenile services systems;
(2) extends specified prohibitions against discrimination in employment, housing, and
public accommodations by a unit, officer, or employee of the State or a county or municipal
corporation to a contractor, grantee, or other program or entity receiving public funds; and
(3) requires adding “creed” and “gender identity” to a list of protected factors in a
residential child care program provider’s Residents’ Bill of Rights.
Fiscal Summary
State Effect: General fund expenditures increase to provide training to employees and
contractors, and potentially for the Maryland Commission on Civil Rights (MCCR) to
investigate additional complaints, as discussed below. Revenues are not affected.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 37,500 50,000 50,000 50,000 50,000
Net Effect ($37,500) ($50,000) ($50,000) ($50,000) ($50,000)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: The bill is not anticipated to materially affect local government finances
and operations.
Small Business Effect: Potential meaningful.
 Analysis
Bill Summary/Current Law:
Legislative Policy and Extension of Prohibitions Against Discrimination
The bill expresses that it is the policy of the State – with respect to the State’s court, child
welfare, housing and community development, human services, and juvenile services
systems – to (1) provide equal access to justice to all, regardless of race, color, creed,
religion, sex, age, national origin, marital status, sexual orientation, gender identity, or
disability; (2) improve safety, well-being, and stability for lesbian, gay, bisexual,
transgender, queer, questioning, and gender nonconforming (LGBTQ+) youth served by
or eligible to be served by the systems; (3) ensure that families, kin, and prospective and
current foster and adoptive parents are protected from discrimination on the basis of
nonmerit factors while benefitting from or participating in the systems’ services;
(4) prohibit discrimination on the basis of nonmerit factors, including race, color, creed,
religion, sex, age, national origin, marital status, sexual orientation, gender identity, or
disability in the administration of services; and (5) provide appropriate training to
employees and contractors of the systems regarding LGBTQ+ individuals.
Under current law, the State generally prohibits discrimination in employment, housing,
and public accommodations on the basis of various factors, including race, sex, color,
national origin, marital status, sexual orientation, gender identity, or disability. The factors
that are explicitly protected with respect to each topic area vary slightly, depending on the
issue. Pursuant to § 20-901 of the State Government Article, a unit, officer, or employee
of the State, a county, or a municipal corporation may not engage in specified
discriminatory acts regarding employment, housing, and public accommodations. The bill
extends this prohibition to a contractor, grantee, or other program or entity receiving public
funds.
Residential Child Care Providers: Residents’ Bill of Rights
Under current law, a residential child care provider (also referred to as a group home) must
conspicuously post a Residents’ Bill of Rights in the provider’s facility. The bill of rights
must express, among other rights, a resident’s right to be treated fairly and receive
appropriate educational and guidance services in an environment that is free of abuse. The
bill of rights must also state that a resident has a right not to be discriminated against on
the basis of race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, familial status, family responsibilities, matriculation,
political affiliation, disability, source of income, or place of residence or business.
HB 1088/ Page 2
The bill requires that, in addition to the factors above, the bill of rights must also state that
a resident may not be discriminated against on the basis of creed or gender identity.
State/Local Fiscal Effect:
Complaints and Civil Actions
MCCR notes that numerous provisions of the bill may already be covered under existing
protections in State law relating to prohibited discriminatory acts. However, to the extent
that the bill results in an increase in the number of complaints that MCCR receives and
investigates, additional general funds may be required to ensure that MCCR is able to meet
current production standards and contractual obligations to the federal government, with
whom MCCR has work-sharing agreements to investigate employment and housing
discrimination complaints where the State and federal laws converge. For illustrative
purposes only, if caseloads were to increase substantially, requiring additional investigative
staff, the salary and benefits for one investigator is approximately $80,000 annually.
Any potential increase in complaints to MCCR may subsequently lead to an increase in
administrative appeals and civil actions filed in the circuit courts. Nonetheless, any increase
in caseloads is not anticipated to materially affect the finances or operations of the Judiciary
or the circuit courts.
Training Programs
General fund expenditures increase to provide appropriate training to employees and
contractors regarding LGBTQ+ individuals. For example, the Department of Housing and
Community Development estimates that providing appropriate training under the bill to
employees and contractors costs approximately $50,000 annually. Information from other
affected State entities varies. The Judiciary advises only of a likely fiscal impact to provide
the training; however the Department of Juvenile Services does not anticipate a fiscal
impact associated with the bill. The Department of Human Services did not respond to a
request to provide an estimate regarding the fiscal impact of the bill. However, the
Department of Legislative Services notes that because the bill does not mandate specific
training requirements (e.g., a minimum number of hours or distinguish between
one-time/periodic training), it is likely that any unknown expenditures associated with the
bill’s training requirements are not significant.
Department of General Services
The Department of General Services (DGS) advises that it needs to include language in
procurement solicitations to ensure that companies are aware of the State’s requirements
relating to nondiscrimination of LGBTQ+ individuals. Furthermore, when vetting a
HB 1088/ Page 3
company for award of a contract with the State, DGS needs to create a mechanism (such
as an affidavit incorporated with the solicitation materials) to ensure that the company
complies with nondiscrimination policies. Any costs associated with updating the State’s
procurement contracts and solicitation templates is not anticipated to materially affect DGS
finances or operations.
Small Business Effect: To the extent a small business contractor, grantee, or other entity
that receives public funds is not already covered under current nondiscrimination law, the
bill prohibits them from engaging in specified discriminatory acts. Such entities contracting
with the State in the provision of specified services also have to receive training on
LGBTQ+ individuals.
Residential child care providers may incur minimal expenses in printing and distributing
new residents’ bill of rights materials.
Additional Information
Prior Introductions: None.
Designated Cross File: SB 768 (Senator Washington) - Judicial Proceedings.
Information Source(s): Department of Commerce; Maryland Commission on Civil
Rights; Howard, Montgomery, and Prince George’s counties; City of Bowie; Judiciary
(Administrative Office of the Courts); University System of Maryland; Department of
Budget and Management; Department of General Services; Maryland Department of
Health; Department of Housing and Community Development; Department of Juvenile
Services; Department of Natural Resources; Board of Public Works; Maryland Department
of Transportation; Maryland Energy Administration; Department of Legislative Services
Fiscal Note History: First Reader - March 8, 2021
an/jkb
Analysis by: Tyler Allard Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1088/ Page 4


Statutes affected:
Text - First - Nondiscrimination and LGBTQ+ Individuals: 1-801 Courts and Judicial Proceedings, 1-204 Family Law, 2-401 Family Law, 1-301 Human Services, 8-707 Human Services, 20-901 State Government, 20-708 State Government