EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 262
F2 2lr0465
By: Senators Kagan and Jennings
Introduced and read first time: January 14, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Higher Education – Senatorial and Delegate Scholarships – Qualifications and 2
Limitations 3
FOR the purpose of requiring applicants for a Delegate Scholarship, at the time of initial 4
application, to be domiciled in the legislative district from which the applicant is 5
seeking an award; prohibiting applicants for senatorial and Delegate Scholarships 6
from applying for awards from more than one legislative district; prohibiting 7
Senators and Delegates from awarding scholarships to relatives except under certain 8
circumstances; and generally relating to senatorial and Delegate Scholarships. 9
BY repealing and reenacting, with amendments, 10
Article – Education 11
Section 18–402, 18–407, and 18–502 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2021 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Education 17
18–402. 18
(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, each 19
applicant for a senatorial scholarship shall: 20
(i) Take a competitive examination administered by the Office; and 21
(ii) 1. Be accepted for admission in the regular undergraduate, 22
graduate, or professional program at an eligible institution; or 23
2 SENATE BILL 262
2. Be enrolled in a 2–year terminal certificate program in 1
which the course work is acceptable for transfer credit for an accredited baccalaureate 2
program in an eligible institution. 3
(2) An applicant is exempt from the examination if the applicant: 4
(i) Is attending an eligible institution and has completed at least 1 5
year in good academic standing at the institution; 6
(ii) Graduated from high school at least 5 years before application 7
for a senatorial scholarship; 8
(iii) Is accepted for admission to a private career institution, if the 9
institution’s curriculum is approved by the Commission, and the institution is accredited 10
by a national accrediting association approved by the United States Department of 11
Education; or 12
(iv) Is planning to attend or is attending a Maryland community 13
college. 14
(3) An applicant is exempt from the requirements of paragraph (1) of this 15
subsection if the applicant is or was enrolled in a certificate or license program, course, or 16
sequence of courses at a community college that leads to certification or licensure. 17
(b) (1) Each applicant shall: 18
[(1)] (I) Be eligible for in–State tuition under this article; and 19
[(2)] (II) At the time of the applicant’s initial application, be domiciled in 20
the legislative district from which the applicant seeks an award. 21
(2) AN APPLICANT M AY NOT APPLY FOR AN AWARD FROM MORE THAN 22
ONE LEGISLATIVE DISTRICT . 23
(c) (1) Each applicant shall demonstrate to the Office a definite financial need, 24
and each Senator shall consider the financial need of each applicant. 25
(2) Each Senator is the final judge of the financial need of each applicant 26
to whom the Senator awards a scholarship, and the Office may not negate the Senator’s 27
judgment or impose requirements of time or procedure. 28
(d) Each applicant shall accept any other conditions attached to the award. 29
18–407. 30
SENATE BILL 262 3
(a) Each Senator shall award all of the Senator’s senatorial scholarships on or 1
before September 1 of each year. 2
(b) If any Senator fails to award all of the Senator’s scholarships on or before 3
September 1 of each year, the Commission shall make the remaining awards to applicants 4
from the Senator’s legislative district who: 5
(1) Scored highest on the competitive examination; or 6
(2) Are attending an eligible institution and have completed at least 1 year 7
in good academic standing. 8
(C) (1) IN THIS SUBSECTION , “RELATIVE” HAS THE MEANING STAT ED IN 9
§ 2–107 OF THE STATE GOVERNMENT ARTICLE. 10
(2) A SENATOR MAY NOT AWARD A SCHOLARSHIP TO A R ELATIVE 11
UNLESS: 12
(I) THE SENATOR RECEIVES PERM ISSION FROM THE 13
PRESIDENT OF THE SENATE TO MAKE THE AWARD ; AND 14
(II) THE SENATOR DISCLOSES THE AWARD TO THE JOINT 15
COMMITTEE ON LEGISLATIVE ETHICS. 16
[(c)] (D) The Office shall: 17
(1) Notify each Senator of the applicants to whom it awards the Senator’s 18
scholarships; and 19
(2) Announce publicly the names of all recipients. 20
[(d)] (E) To the extent a scholarship awarded under § 18–404 of this subtitle is 21
not used by a student, money appropriated to the Commission for that award not used by 22
the end of the fiscal year shall be retained by the Commission for use by the awarding 23
Senator in the Senatorial Scholarship Program during subsequent fiscal years. 24
18–502. 25
(a) (1) [Each] SUBJECT TO SUBSECTION S (B) AND (C) OF THIS SECTION , 26
EACH member of the House of Delegates may select the recipients of the scholarships on 27
any basis that the Delegate considers appropriate. 28
[(b)] (2) [A] SUBJECT TO SUBSECTION S (B) AND (C) OF THIS SECTION , A 29
member of the House of Delegates may select any individual who is eligible for in–State 30
tuition under this article as a recipient of the scholarship. 31
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(B) (1) AT THE TIME OF AN APPLICANT’S INITIAL APPLICATIO N, THE 1
APPLICANT SHALL BE DOMICILED IN THE LEGISLATIVE DISTRICT FROM WHICH THE 2
APPLICANT SEEKS AN A WARD. 3
(2) AN APPLICANT M AY NOT APPLY FOR AN AWARD FROM MORE THAN 4
ONE LEGISLATIVE DISTRICT . 5
(C) (1) IN THIS SUBSECTION , “RELATIVE” HAS THE MEANING STAT ED IN 6
§ 2–107 OF THE STATE GOVERNMENT ARTICLE. 7
(2) A DELEGATE MAY NOT AWAR D A SCHOLARSHIP TO A RELATIVE 8
UNLESS: 9
(I) THE DELEGATE RECEIVES PER MISSION FROM THE 10
SPEAKER OF THE HOUSE TO MAKE THE AWARD ; AND 11
(II) THE DELEGATE DISCLOSES TH E AWARD TO THE JOINT 12
COMMITTEE ON LEGISLATIVE ETHICS. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
1, 2022. 15