EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW. [Brackets] indicate matter deleted from existing law. *hb1109* HOUSE BILL 1109 E4 2lr2217 CF SB 751 By: Delegate Kipke Introduced and read first time: February 10, 2022 Assigned to: Health and Government Operations A BILL ENTITLED AN ACT concerning 1 First Responders and Emergency Responders – Definition – 9–1–1 Dispatchers 2 Included 3 FOR the purpose of including employees who receive and process requests for emergency 4 services, and dispatch certain services to the scene of an emergency within the 5 definitions of “first responder” and “emergency responder” in certain provisions of 6 law; and generally relating to 9–1–1 dispatchers, first responders, and emergency 7 responders. 8 BY repealing and reenacting, without amendments, 9 Article – Alcoholic Beverages 10 Section 22–909(a) 11 Annotated Code of Maryland 12 (2016 Volume and 2021 Supplement) 13 BY repealing and reenacting, with amendments, 14 Article – Alcoholic Beverages 15 Section 22–909(b)(2) 16 Annotated Code of Maryland 17 (2016 Volume and 2021 Supplement) 18 BY repealing and reenacting, with amendments, 19 Article – Criminal Law 20 Section 3–203(c) 21 Annotated Code of Maryland 22 (2021 Replacement Volume and 2021 Supplement) 23 BY repealing and reenacting, without amendments, 24 Article – Education 25 Section 7–1501(a) 26 Annotated Code of Maryland 27 2 HOUSE BILL 1109 (2018 Replacement Volume and 2021 Supplement) 1 BY adding to 2 Article – Education 3 Section 7–1501(f) 4 Annotated Code of Maryland 5 (2018 Replacement Volume and 2021 Supplement) 6 BY repealing and reenacting, with amendments, 7 Article – Education 8 Section 7–1501(f) through (m) 9 Annotated Code of Maryland 10 (2018 Replacement Volume and 2021 Supplement) 11 BY repealing and reenacting, with amendments, 12 Article – Health – General 13 Section 18–213.2(a)(7) 14 Annotated Code of Maryland 15 (2019 Replacement Volume and 2021 Supplement) 16 BY repealing and reenacting, with amendments, 17 Article – Human Services 18 Section 7–708 19 Annotated Code of Maryland 20 (2019 Replacement Volume and 2021 Supplement) 21 BY repealing and reenacting, with amendments, 22 Article – Public Safety 23 Section 14–801(d) 24 Annotated Code of Maryland 25 (2018 Replacement Volume and 2021 Supplement) 26 BY repealing and reenacting, with amendments, 27 Article – Transportation 28 Section 8–656 29 Annotated Code of Maryland 30 (2020 Replacement Volume and 2021 Supplement) 31 BY repealing and reenacting, with amendments, 32 Article – Transportation 33 Section 21–104.5(a) 34 Annotated Code of Maryland 35 (2020 Replacement Volume and 2021 Supplement) 36 (As enacted by Chapter 351 of the Acts of the General Assembly of 2021) 37 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 38 That the Laws of Maryland read as follows: 39 HOUSE BILL 1109 3 Article – Alcoholic Beverages 1 22–909. 2 (a) There is: 3 (1) a 6–day Class C–3 (country club, social organization, topiary garden, or 4 yacht or boat club) beer, wine, and liquor license; and 5 (2) a 7–day Class C–3 (country club, social organization, topiary garden, or 6 yacht or boat club) beer, wine, and liquor license. 7 (b) The Board may issue the 6–day license or the 7–day license for use by: 8 (2) a social organization that: 9 (i) may be operated for profit or not for profit; 10 (ii) has at least 100 members paying dues of at least $200 per year 11 per member; 12 (iii) has at least 51% of its membership consisting of: 13 1. active members of the armed forces of the United States; 14 2. veterans of the armed forces of the United States; 15 3. active or retired first responders, AS DEFINED IN § 3–203 16 OF THE CRIMINAL LAW ARTICLE; and 17 4. the spouses and children of the eligible members under 18 items 1 through 3 of this item; 19 (iv) is secured by electronic means and is accessible only to members 20 and their guests over the age of 21; 21 (v) requires each server of alcoholic beverages at the social 22 organization to hold a certificate of completion from an approved alcohol awareness 23 program as described in § 4–505 of this article; 24 (vi) has parking facilities to accommodate the vehicles of members 25 and their guests; 26 (vii) is zoned for business or commercial use; and 27 (viii) maintains a list of all active members available for review by the 28 4 HOUSE BILL 1109 Board of License Commissioners; 1 Article – Criminal Law 2 3–203. 3 (c) (1) (I) In this subsection[, “physical] THE FOLLOWING WORDS HAVE 4 THE MEANINGS INDICAT ED. 5 (II) “FIRST RESPONDER ” INCLUDES AN EMPLOYEE OF A 6 COUNTY PUBLIC SAFETY ANSWERING POINT , OR AN EMPLOYEE WORKI NG AT A 7 COUNTY PUBLIC SAFETY ANSWERING POINT , WHOSE DUTIES AND RES PONSIBILITIES 8 INCLUDE: 9 1. RECEIVING AND PROCES SING 9–1–1 REQUESTS FOR 10 EMERGENCY SERVICES ; 11 2. PERFORMING OTHER SUP PORT FUNCTIONS DIREC TLY 12 RELATED TO 9–1–1 REQUESTS FOR EMERGEN CY SERVICES; AND 13 3. DISPATCHING LAW ENFO RCEMENT OFFICERS , FIRE 14 RESCUE SERVICES , EMERGENCY MEDICAL SE RVICES, AND OTHER PUBLIC SAF ETY 15 SERVICES TO THE SCEN E OF AN EMERGENCY . 16 (III) “PHYSICAL injury” means any impairment of physical condition, 17 excluding minor injuries. 18 (2) A person may not intentionally cause physical injury to another if the 19 person knows or has reason to know that the other is: 20 (i) a law enforcement officer engaged in the performance of the 21 officer’s official duties; 22 (ii) a parole or probation agent engaged in the performance of the 23 agent’s official duties; or 24 (iii) a firefighter, an emergency medical technician, a rescue squad 25 member, or any other first responder engaged in providing emergency medical care or 26 rescue services. 27 (3) A person who violates paragraph (2) of this subsection is guilty of the 28 felony of assault in the second degree and on conviction is subject to imprisonment not 29 exceeding 10 years or a fine not exceeding $5,000 or both. 30 Article – Education 31 HOUSE BILL 1109 5 7–1501. 1 (a) In this subtitle the following words have the meanings indicated. 2 (F) “EMERGENCY RESPONDER ” INCLUDES AN EMPLOYEE OF A COUNTY 3 PUBLIC SAFETY ANSWER ING POINT, OR AN EMPLOYEE WORKI NG AT A COUNTY 4 PUBLIC SAFETY ANSWER ING POINT, WHOSE DUTIES AND RES PONSIBILITIES 5 INCLUDE: 6 (1) RECEIVING AND PROCESS ING 9–1–1 REQUESTS FOR EMERGEN CY 7 SERVICES; 8 (2) PERFORMING OTHER SUPP ORT FUNCTIONS DIRECT LY RELATED 9 TO 9–1–1 REQUESTS FOR EMERGEN CY SERVICES; AND 10 (3) DISPATCHING LAW ENFOR CEMENT OFFICERS , FIRE RESCUE 11 SERVICES, EMERGENCY MEDICAL SE RVICES, AND OTHER PUBLIC SAF ETY SERVICES 12 TO THE SCENE OF AN E MERGENCY. 13 [(f)] (G) “Fund” means the Safe Schools Fund. 14 [(g)] (H) “Local law enforcement agency” means: 15 (1) A police department of a county or municipal corporation in the State; 16 or 17 (2) A sheriff’s office that provides a law enforcement function in a county 18 or municipal corporation in the State. 19 [(h)] (I) “Safety evaluation” means a written assessment of the safety conditions 20 in each public school, including ingress, egress, and access to areas of refuge for all 21 students. 22 [(i)] (J) “School emergency plan” means a plan for each local school system and 23 each public school within the school system that addresses mitigation of, preparedness for, 24 response to, and recovery from emergencies, including: 25 (1) Violent or traumatic events on school grounds during regular school 26 hours or during school–sponsored activities; and 27 (2) Events in the community that affect school operations. 28 [(j)] (K) “School resource officer” means: 29 (1) A law enforcement officer as defined under § 3–101(e) of the Public 30 6 HOUSE BILL 1109 Safety Article who has been assigned to a school in accordance with a memorandum of 1 understanding between the chief of a law enforcement agency as defined under § 3–101(b) 2 of the Public Safety Article and the local education agency; or 3 (2) A Baltimore City school police officer, as defined in § 4–318 of this 4 article. 5 [(k)] (L) “School security employee” means an individual, as defined in 6 regulations adopted by the Subcabinet, who: 7 (1) Is not a school resource officer; and 8 (2) Is employed by a local school system to provide safety and 9 security–related services at a public school. 10 [(l)] (M) “Subcabinet” means the School Safety Subcabinet. 11 [(m)] (N) “Wraparound services” means services provided to students, and their 12 families as appropriate, including: 13 (1) Mentoring; 14 (2) Tutoring; 15 (3) Child care services; 16 (4) Housing referrals; 17 (5) Transportation; 18 (6) Crisis intervention; 19 (7) Substance abuse prevention and treatment; 20 (8) Legal aid; 21 (9) Academic counseling; and 22 (10) Career counseling. 23 Article – Health – General 24 18–213.2. 25 (a) (7) “First responder” means a: 26 (i) Firefighter; 27 HOUSE BILL 1109 7 (ii) Emergency medical technician; 1 (iii) Rescue squad member; 2 (iv) Law enforcement officer; 3 (v) Correctional officer; [or] 4 (vi) Sworn member of the State Fire Marshal’s office; OR 5 (VII) AN EMPLOYEE OF A COUN TY PUBLIC SAFETY ANS WERING 6 POINT, OR AN EMPLOYEE WORKI NG AT A COUNTY PUBLI C SAFETY ANSWERING 7 POINT, WHOSE DUTIES AND RES PONSIBILITIES INCLUD E: 8 1. RECEIVING AND PROCESS ING 9–1–1 REQUESTS FOR 9 EMERGENCY SERVICES ; 10 2. PERFORMING OTHER SUPPORT F UNCTIONS 11 DIRECTLY RELATED TO 9–1–1 REQUESTS FOR EMERGEN CY SERVICES; AND 12 3. DISPATCHING LAW ENFOR CEMENT OFFICERS , FIRE 13 RESCUE SERVICES , EMERGENCY MEDICAL SE RVICES, AND OTHER PUBLIC SAF ETY 14 SERVICES TO THE SCEN E OF AN EMERGENCY . 15 Article – Human Services 16 7–708. 17 Any organization or agency that requires a professional training program for the 18 following individuals shall include a segment concerning the rights of individuals with 19 disabilities who are accompanied by service animals: 20 (1) first responders[;], INCLUDING EMPLOYEES OF A COUNT Y PUBLIC 21 SAFETY ANSWERING POI NT, OR EMPLOYEES WORKING AT A COUNTY PUBLIC S AFETY 22 ANSWERING POINT , WHOSE DUTIES AND RES PONSIBILITIES INCLUD E: 23 (I) RECEIVING AND PROCES SING 9–1–1 REQUESTS FOR 24 EMERGENCY SERVICES; 25 (II) PERFORMING OTHER SUP PORT FUNCTIONS DIREC TLY 26 RELATED TO 9–1–1 REQUESTS FOR EMERGEN CY SERVICES; AND 27 (III) DISPATCHING LAW ENFO RCEMENT OFFICERS , FIRE RESCUE 28 SERVICES, EMERGENCY MEDICAL SE RVICES, AND OTHER PUBLIC SAF ETY SERVICES 29 8 HOUSE BILL 1109 TO THE SCENE OF AN EMERGENC Y; AND 1 (2) emergency shelter operators[; and 2 (3) 9–1–1 operators]. 3 Article – Public Safety 4 14–801. 5 (d) (1) “Emergency responder” means an individual who is sent or directed by 6 a party jurisdiction in response to a request for assistance by another party jurisdiction. 7 (2) “Emergency responder” includes a: 8 (i) career or volunteer firefighter of a fire, rescue, or emergency 9 medical services entity; 10 (ii) career or volunteer emergency medical services provider, as 11 defined in § 13–516 of the Education Article, within this State; 12 (iii) career or volunteer rescue squad member of a fire, rescue, or 13 emergency medical services entity; 14 (iv) county or municipal employee who is performing an emergency 15 support function described in § 14–803(2)(b)(5)(i) of this subtitle; [and] 16 (v) law enforcement officer as defined in § 3–101 of this article; AND 17 (VI) COUNTY PUBLIC SAFETY ANSWERING POINT EMPL OYEE, OR 18 AN EMPLOYEE WORKING AT A COUNTY PUBLIC S AFETY ANSWERING POIN T, WHOSE 19 DUTIES AND RESPONSIB ILITIES INCLUDE: 20 1. RECEIVING AND PROCES SING 9–1–1 REQUESTS FOR 21 EMERGENCY SERVICES ; 22 2. PERFORMING OTHER SUP PORT FUNCTIONS DIREC TLY 23 RELATED TO 9–1–1 REQUESTS FOR EMERGEN CY SERVICES; AND 24 3. DISPATCHING LAW ENFO RCEMENT OFFIC ERS, FIRE 25 RESCUE SERVICES , EMERGENCY MEDICAL SE RVICES, AND OTHER PUBLIC SAF ETY 26 SERVICES TO THE SCEN E OF AN EMERGENCY . 27 Article – Transportation 28 HOUSE BILL 1109 9 8–656. 1 (A) IN THIS SECTION, “EMERGENCY RESPONDER ” INCLUDES AN EMPLOYEE 2 OF A COUNTY PUBLIC S AFETY ANSWERING POINT, OR AN EMPLOYEE WORKI NG AT A 3 COUNTY PUBLIC SAFETY ANSWERING POINT , WHOSE DUTIES AND RES PONSIBILITIES 4 INCLUDE: 5 (1) RECEIVING AND PROCESS ING 9–1–1 REQUESTS FOR EMERGEN CY 6 SERVICES; 7 (2) PERFORMING OTHER SUPP ORT FUNCTIONS DIRECT LY RELATED 8 TO 9–1–1 REQUESTS FOR EMERGENC Y SERVICES; AND 9 (3) DISPATCHING LAW ENFOR CEMENT OFFICERS , FIRE RESCUE 10 SERVICES, EMERGENCY MEDICAL SE RVICES, AND OTHER PUBLIC SAF ETY SERVICES 11 TO THE SCENE OF AN E MERGENCY. 12 (B) The Department shall establish a process by which a member of the General 13 Assembly, another elected official, or any member of the general public may request that 14 the Department dedicate a bridge or another appropriate transportation structure under 15 the jurisdiction of the Department to: 16 (1) A deceased member of the armed forces: 17 (i) Whose home of record was in the State; and 18 (ii) Whose surviving spouse, parent, or next of kin is a recipient of 19 the U.S. Department of Defense Gold Star memorializing that the member was killed in 20 action; or 21 (2) A firefighter, law enforcement officer, or another emergency responder 22 who died in the line of duty. 23 21–104.5. 24 (a) (1) In this section the following words have the meanings indicated. 25 (2) “FIRST RESPONDER ” INCLUDES AN EMPLOYEE OF A COUNTY 26 PUBLIC SAFETY ANSWERING POINT , OR AN EMPLOYEE WORKI NG AT A COUNTY 27 PUBLIC SAFETY ANSWER ING POINT, WHOSE DUTIES AND RES PONSIBILITIES 28 INCLUDE: 29 (I) RECEIVING AND PROCESS ING 9–1–1 REQUESTS FOR 30 EMERGENCY SERVICES ; 31 10 HOUSE BILL 1109 (II) PERFORMING OTHER SUPP ORT FUNCTIONS DIRECT LY 1 RELATED TO 9–1–1 REQUESTS FOR EMERGEN CY SERVICES; AND 2 (III) DISPATCHING LAW ENFOR CEMENT OFFICERS , FIRE RESCUE 3 SERVICES, EMERGENCY MEDICAL SE RVICES, AND OTHER PUBLIC SAF ETY SERVICES 4 TO THE SCENE OF AN E MERGENCY. 5 [(2)] (3) “Personal delivery device” means a powered device that: 6 (i) Is operated primarily on shoulders, sidewalks, and crosswalks; 7 (ii) Is intended for the transport of property on public rights–of–way; 8 (iii) Weighs not more than 550 pounds, excluding cargo; and 9 (iv) Is capable of navigating with or without the active control or 10 monitoring of an individual. 11 [(3)] (4) (i) “Personal delivery device operator” means an entity or its 12 agent that exercises active or passive physical control or monitoring over the navigation 13 system and operation of a personal delivery device. 14 (ii) “Personal delivery device operator” does not include a person 15 that: 16 1. Requests or receives the services of a personal delivery 17 device to transport property; or 18 2. Arranges for and dispatches a personal delivery device to 19 provide service to another person. 20 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 October 1, 2022. 22