Ch. 292                     LAWS OF MARYLAND

(3)   "Elderly and handicapped person" means any person
who, by reason of illness, injury, age, congenital malfunction,
or other permanent or temporary incapacity or disability, is
unable to use mass transit facilities and services as effectively
as a person who is not so affected.

(4)   "Transportation service" means any transportation
option or mix of options that may include paratransit or fixed
route service, established or employed by a county to accommodate
the transportation needs of its elderly and handicapped
residents.

(b) (i) The Secretary shall identify separately within the
Department's annual budget an amount that the Secretary deems
necessary to be used for elderly and handicapped transportation
service in each county.

(2) The amount the Secretary identifies, or such
other amount as may be appropriated by the General Assembly for
the provision of elderly and handicapped transportation service
in each county, shall be distributed as provided in subsections
(c), (d), and (e) of this section.

(c)(1) Of the amount separately identified or otherwise
appropriated under subsection (b) of this section, the Secretary
shall:

(i) Allocate 60 percent equally among the
counties; and

(ii) Allocate the remaining amount among the
counties in proportion to their respective percentages of the
State's combined elderly and handicapped population.

(2) Subject to the limitations provided in subsection
(f) of this section, the Secretary shall distribute all such
allocated amounts to those counties which file a written
application with the Department in such form and detail as the
Secretary requires.

(3)  A written application submitted by a county under
this subsection may not be accepted or considered by the
Secretary unless the local area agency on aging certifies its
approval of the project for the funding for which the application
is made.

(4) The Secretary shall consult with the Maryland
Office on Aging and the Governor's Office for Handicapped
Individuals in distributing the funds available under this
section.

(d)(1) In determining local transportation needs, the
counties shall take into account the elderly and handicapped

                      - 1254 -