2010 Maryland Code
HUMAN SERVICES
TITLE 7 - INDIVIDUALS WITH DISABILITIES
Subtitle 7 - Blind, Visually Impaired, Deaf, Hard of Hearing, and Mobility Impaired Individuals
Section 7-701 - Definitions.

§ 7-701. Definitions.
 

(a)  In general.- In this subtitle the following words have the meanings indicated. 
   
Revisor's Note.

This subsection is new language added as the standard introductory language to a definition section. 

(b)  Blind.- "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. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 30, § 32. 
 

In the introductory language of this subsection, the former phrase "[f]or the purposes of this article" is deleted as surplusage. 
 

In item (2) of this subsection, the former phrase "visual acuity greater than 20/200 but with a limitation in the fields of vision such that" is deleted as surplusage. 

(c)  Deaf.- "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. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 30, § 31(b). 
 

In item (1) of this subsection, the former reference to a permanent hearing loss that "is severe enough to" necessitate the use of amplification devices is deleted for brevity. Similarly, in item (2) of this subsection, the former reference to a permanent hearing loss "[t]hat is so severe" is deleted. 
 

The Human Services Article Review Committee notes, for consideration by the General Assembly, that the permanency requirement in the definition of "deaf" is not included in the definitions of "blind" and "mobility impaired" in this section. The General Assembly may wish to consider deleting the reference to a "permanent" hearing loss in this subsection. The Human Services Article Review Committee further notes that the references to "amplification devices" may be too limited. The General Assembly may wish to consider substantively revising this subsection. 

(d)  Disability.- "Disability" has the meaning stated in the federal Americans with Disabilities Act of 1990, 42 U.S.C. § 12102. 

(e)  Housing accommodations.- "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. 
   
Revisor's Note.

This subsection is new language derived without substantive change from the third clause of former Art. 30, § 33(i)(1) and the first four clauses of (2). 
 

In item (1) of this subsection, the former references to real property offered for "rent" or "lease" are deleted as unnecessary in light of the reference to "compensation". 
 

In item (2) of this subsection, the reference to the "residence or lodging of at least one individual" is substituted for the former reference to the "home, residence, or sleeping place of one or more human beings" for brevity. 
 

Also in item (2) of this subsection, the former references to real property "arranged" or "designed" to be used or occupied as a residence or lodging are deleted as unnecessary in light of the reference to real property "intended" to be used or occupied as a residence or lodging. 

(f)  Mobility impaired.- "Mobility impaired" means an inability to carry objects or to move or travel without the use of an assistive device or service animal. 
   
Special Revisor's Note.

As enacted by Ch. 3, Acts of 2007, this subsection was new language derived without substantive change from former Art. 30, § 33(j)(1).  However, Ch. 241, Acts of 2007, amended this subsection. 
 

The reference to "mobility impaired" was substituted by Ch. 3 for the former reference to a "mobility impaired person" for brevity and consistency with other definitions in this section. 
 

The former phrase "in this section" was deleted by Ch. 3 as unnecessary in light of subsection (a) of this section. 

(g)  Service animal.- "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.- "Service animal trainer" means a person who trains service animals for individuals with disabilities. 
   
Special Revisor's Note.

As enacted by Ch. 3, Acts of 2007, this subsection was new language derived without substantive change from former Art. 30, § 33(k)(1).  However, Ch. 241, Acts of 2007, amended this subsection. 
 

The former phrase "in this subsection" was deleted by Ch. 3 as unnecessary in light of subsection (a) of this section. 
 

As to the substitution by Ch. 3 of references to "individuals" for the former references to "persons", the substitution of the reference to "visually impaired" individuals for the former reference to "visually handicapped" individuals, and the substitution of the reference to "hard of hearing" individuals for the former reference to "hearing impaired" individuals, see General Revisor's Note to subtitle. 
 

[An. Code 1957, art. 30, §§ 31(b), 32, 33(i)(1)-(2), (j)(1), (k)(1); 2007, ch. 3, § 2; ch. 241; 2008, chs. 594, 595.] 

 

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