EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0949* SENATE BILL 949 E4, F2 2lr2105 By: Senator Smith Senator Elfreth Introduced and read first time: February 13, 2022 Assigned to: Rules Re–referred to: Judicial Proceedings, February 21, 2022 Committee Report: Favorable with amendments Senate action: Adopted with floor amendments Read second time: March 22, 2022 CHAPTER ______ AN ACT concerning 1 Police Officers – Education Requirements – Certification and Scholarships 2 Scholarships and Police Officer Recruitment 3 FOR the purpose of establishing certain degree requirements for certification and 4 recertification as a police officer; requiring law enforcement agencies to provide 5 work–related administrative leave to certain police officers and to develop and 6 implement certain recruitment policies; expanding the Edward T. Conroy and Mary 7 A. Conroy Memorial Scholarship Program and the Jean B. Cryor Memorial 8 Scholarship Program to include certain postsecondary institutions outside the State 9 as eligible institutions that may award scholarships under the programs ; 10 establishing the Continuing Education for Police Officers Scholarship, the Police 11 Officers Educational Benefit Scholarship I, I and the Police Officers Educational 12 Benefit Scholarship II; and generally relating to police officer certification 13 recruitment and scholarships. 14 BY repealing and reenacting, without amendments, 15 Article – Public Safety 16 Section 3–201(a) and (b) and 3–209(a)(3) and (4) and (b) 17 Annotated Code of Maryland 18 (2018 Replacement Volume and 2021 Supplement) 19 BY repealing and reenacting, with amendments, 20 Article – Public Safety 21 Section 3–207(a)(20) and 3–209(a)(3) and (4) and (b) 22 2 SENATE BILL 949 Annotated Code of Maryland 1 (2018 Replacement Volume and 2021 Supplement) 2 BY adding to 3 Article – Public Safety 4 Section 3–209(a)(4) and 3–209.3 5 Annotated Code of Maryland 6 (2018 Replacement Volume and 2021 Supplement) 7 BY repealing and reenacting, without amendments, 8 Article – Education 9 Section 18–101(a), (b), and (c), 18–103, and 18–601 10 Annotated Code of Maryland 11 (2018 Replacement Volume and 2021 Supplement) 12 BY repealing and reenacting, with amendments, 13 Article – Education 14 Section 18–103 and 18–601 15 Annotated Code of Maryland 16 (2018 Replacement Volume and 2021 Supplement) 17 BY adding to 18 Article – Education 19 Section 18–3901 through 18–3905 18–3904 to be under the new subtitle “Subtitle 39. 20 Scholarships for Police Officers and Their Dependents” 21 Annotated Code of Maryland 22 (2018 Replacement Volume and 2021 Supplement) 23 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 That the Laws of Maryland read as follows: 25 Article – Public Safety 26 3–201. 27 (a) In this subtitle the following words have the meanings indicated. 28 (b) “Commission” means the Maryland Police Training and Standards 29 Commission. 30 3–207. 31 (a) The Commission has the following powers and duties: 32 (20) (I) to evaluate and modernize recruitment standards and practices 33 of law enforcement agencies to increase diversity within those law enforcement agencies 34 SENATE BILL 949 3 and develop strategies for recruiting women and African American, Hispanic or Latino, and 1 other minority candidates; AND 2 (II) TO REQUIRE LAW ENFOR CEMENT AGENCIES TO D EVELOP 3 AND IMPLEMENT POLICI ES FOR RECRUITMENT A T HISTORICALLY BLACK COLLEGES 4 AND UNIVERSITIES IN THE STATE; 5 3–209. 6 (a) The Commission shall certify as a police officer each individual who: 7 (3) submits to a criminal history records check in accordance with § 8 3–209.1 of this subtitle; [and] 9 (4) HOLDS AN ASSOCIATE ’S OR BACHELOR ’S DEGREE IN ACCORDAN CE 10 WITH § 3–209.3 OF THIS SUBTITLE; AND 11 [(4)] (5) (i) is a United States citizen; or 12 (ii) subject to subsection (b) of this section, is a permanent legal 13 resident of the United States and an honorably discharged veteran of the United States 14 armed forces, provided that the individual has applied to obtain United States citizenship 15 and the application is still pending approval. 16 (b) (1) The certification of a police officer who fails to obtain United States 17 citizenship as required by subsection [(a)(4)(ii)] (A)(5)(II) of this section shall be 18 terminated by the Commission. 19 (2) A POLICE OFFICER WHO FAILS TO OBTAIN A BACHELOR ’S DEGREE 20 IN ACCORDANCE WITH § 3–209.3 OF THIS SUBTITLE MAY NOT BE RECERTIFIED B Y 21 THE COMMISSION. 22 3–209.3. 23 (A) IN THIS SECTION, “APPLICANT” MEANS AN INDIVIDUAL WHO IS SEEKING 24 CERTIFICATION AS A P OLICE OFFICER. 25 (B) AN APPLICANT FOR CERT IFICATION AS A POLIC E OFFICER SHALL AT 26 MINIMUM HOLD AN ASSO CIATE DEGREE. 27 (C) A POLICE OFFICER SHALL AT MINIMUM HOLD A BA CHELOR’S DEGREE 28 WITHIN 6 YEARS OF BEING CERTI FIED. 29 (D) EACH LAW ENFORCEMENT AGENCY SHALL PROVIDE REASONABLE 30 WORK–RELATED ADMINISTRATI VE LEAVE, AS PROVIDED IN § 2–410 OF THIS 31 4 SENATE BILL 949 ARTICLE, TO A POLICE OFFICER WHO IS ATTEMPTING TO SATISFY THE DEGREE 1 REQUIREMENT UNDER SU BSECTION (C) OF THIS SECTION. 2 (E) (1) ON OR BEFORE APRIL 1, 2023, AND EACH YEAR THEREA FTER, 3 EACH LAW ENFORCEMENT AGENC Y SHALL REPORT TO TH E GOVERNOR’S OFFICE OF 4 CRIME PREVENTION, YOUTH, AND VICTIM SERVICES ON THE EDUCA TION LEVEL OF 5 ALL POLICE OFFICERS EMPLOYED BY THE AGEN CY. 6 (2) (B) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 7 YOUTH, AND VICTIM SERVICES SHALL COMPIL E THE INFORMATION RE PORTED BY 8 THE LOCAL LAW ENFORC EMENT AGENCIES UNDER PARAGRAPH (1) OF THIS 9 SUBSECTION SUBSECTION (A) OF THIS SECTION AND SUBMIT AN ANNUAL SUMMARY 10 REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 11 GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 12 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 13 as follows: 14 Article – Education 15 18–101. 16 (a) In this title the following words have the meanings indicated. 17 (b) “Commission” means the Maryland Higher Education Commission. 18 (c) “Office” means the Office of Student Financial Assistance. 19 18–103. 20 Except as otherwise provided in Subtitles 3, 4, 5, 6, and 12 of this title, a scholarship, 21 grant, loan, or other student financial assistance awarded by the Office may be used only 22 at a public or private nonprofit institution of higher education in this State that possesses 23 a certificate of approval from the Commission. 24 18–601. 25 (a) (1) In this section the following words have the meanings indicated. 26 (2) “Disabled public safety employee” means a State or local public safety 27 employee who sustains an injury in the line of duty that: 28 (i) Precludes the individual from continuing to serve or be employed 29 as a State or local public safety employee; and 30 SENATE BILL 949 5 (ii) In the case of a volunteer member of a fire department or 1 ambulance or rescue company or squad, precludes the member from continuing to be 2 employed in the nonpublic safety occupation in which the member is engaged at the time 3 of the injury. 4 (3) “Fund” means the Edward T. Conroy and Jean B. Cryor Scholarship 5 Fund. 6 (4) “School employee” includes an employee of a public or nonpublic school 7 in the State. 8 (5) “State or local public safety employee” means a person who is employed 9 in the State as: 10 (i) A career or volunteer member of a: 11 1. Fire department; 12 2. Ambulance company or squad; or 13 3. Rescue company or squad; 14 (ii) A law enforcement officer; 15 (iii) A correctional officer; or 16 (iv) A member of the Maryland National Guard who was a resident 17 of this State at the time of death. 18 (6) “Surviving spouse” means a person who has not remarried. 19 (7) “Victim of the September 11, 2001, terrorist attacks” means a Maryland 20 resident who was killed as a result of the attacks on the World Trade Center in New York 21 City, the attack on the Pentagon in Virginia, or the crash of United Airlines Flight 93 in 22 Pennsylvania. 23 (b) There is a program of scholarships that are awarded by eligible postsecondary 24 institutions under this section. 25 (c) (1) The program for military and public safety personnel and their eligible 26 dependents is the Edward T. and Mary A. Conroy Memorial Scholarship Program. 27 (2) The program for eligible dependents of public and nonpublic school 28 employees is the Jean B. Cryor Memorial Scholarship Program. 29 (d) (1) A person may apply to an eligible postsecondary institution for a 30 scholarship under this section if the person: 31 6 SENATE BILL 949 (i) 1. Is accepted for admission or enrolled in the regular 1 undergraduate, graduate or professional program at an eligible institution IN THE STATE 2 OR OUTSIDE THE STATE; or 3 2. Is enrolled in a 2–year terminal certificate program in 4 which the course work is acceptable for transfer credit for an accredited baccalaureate 5 program in an eligible institution IN THE STATE OR OUTSIDE THE STATE; 6 (ii) Is at least 16 years old; and 7 (iii) Meets the other eligibility criteria specified in this section. 8 (2) To apply for a scholarship under this section, the following persons are 9 required to be a resident of Maryland at the time of application or at the time of the 10 disabling or fatal event: 11 (i) A son, daughter, stepson, or stepdaughter of a member of the 12 armed forces who: 13 1. Died as a result of military service after December 7, 1941; 14 2. Suffered a service connected 100% permanent disability 15 after December 7, 1941; or 16 3. Was declared to be a prisoner of war or missing in action, 17 if that occurred on or after January 1, 1960, as a result of the Vietnam conflict, and if the 18 child was born prior to or while the parent was a prisoner of war or missing in action; 19 (ii) A prisoner of war or missing in action, if that occurred on or after 20 January 1, 1960, as a result of the Vietnam conflict and was a resident of this State at the 21 time the person was declared to be a prisoner of war or missing in action; 22 (iii) A veteran, as defined under § 9–901 of the State Government 23 Article, who: 24 1. Suffers a service connected disability of 25% or greater; 25 and 26 2. Has exhausted or is no longer eligible for federal veterans’ 27 educational benefits; 28 (iv) The surviving spouse of a member of the armed forces who 29 suffered a service connected 100% permanent disability; 30 (v) A son, daughter, stepson, or stepdaughter of or the surviving 31 spouse of a victim of the September 11, 2001, terrorist attacks; 32 SENATE BILL 949 7 (vi) A son, daughter, stepson, or stepdaughter of a school employee 1 who, as a result of an act of violence: 2 1. Died in the line of duty; or 3 2. Sustained an injury in the line of duty that rendered the 4 school employee 100% disabled; or 5 (vii) The surviving spouse of a school employee who, as a result of an 6 act of violence: 7 1. Died in the line of duty; or 8 2. Sustained an injury in the line of duty that rendered the 9 school employee 100% disabled. 10 (3) To apply for a scholarship under this section, the following persons are 11 not required to be a resident of Maryland at the time of application or at the time of the 12 disabling or fatal event: 13 (i) 1. A son, daughter, stepson, or stepdaughter of any State or 14 local public safety employee killed in the line of duty; or 15 2. The surviving spouse of any State or local public safety 16 employee killed in the line of duty; or 17 (ii) 1. A disabled public safety employee; 18 2. A son, daughter, stepson, or stepdaughter of a disabled 19 public safety employee who sustains an injury in the line of duty that renders the public 20 safety employee 100% disabled; or 21 3. The surviving spouse of a disabled public safety employee 22 who sustains an injury in the line of duty that renders the public safety employee 100% 23 disabled. 24 (e) A scholarship awarded under this section: 25 (1) May be used for the tuition and mandatory fees at any eligible 26 institution; and 27 (2) May not: 28 (i) Exceed the equivalent annual tuition and mandatory fees of a 29 resident undergraduate student at the 4–year public institution of higher education within 30 the University System of Maryland, other than the University of Maryland Global Campus 31 8 SENATE BILL 949 and University of Maryland, Baltimore Campus, with the highest annual expenses for a 1 full–time resident undergraduate; and 2 (ii) Be less than the lesser of: 3 1. $3,000; or 4 2. The equivalent annual tuition and mandatory fees of a 5 resident of the institution attended by the recipient of the scholarship. 6 (f) (1) Each postsecondary institution shall determine the eligibility of 7 persons who apply to the institution for the Edward T. Conroy Memorial Scholarship 8 Program and the Jean B. Cryor Memorial Scholarship Program. 9 (2) Funds for the Edward T. Conroy Memorial Scholarship Program and 10 the Jean B. Cryor Memorial Scholarship Program shall be allocated by the Commission to 11 each postsecondary institution based on the number of eligible recipients attending each 12 institution. 13 (3) In October and February of each year, each postsecondary institution 14 shall report to the Commission the number of eligible recipients attending the institution. 15 (4) The Commission shall allocate funds for awards to postsecondary 16 institutions upon verification of eligible recipients attending the institutions. 17 (5) If funds cannot be allocated in the fiscal year in which awards are made, 18 priority shall be given to allocating funds for those awards in the following fiscal year. 19 (g) (1) Each recipient of a scholarship under this section may hold the award 20 for 5 years of full–time study or 8 years of part–time study. 21 (2) The number of eligible recipients under subsection (d)(2)(iii) of this 22 section shall be limited to 15 each year. 23 (3) An award provided under subsection (d)(2)(v) of this section may not 24 exceed the amount specified in subsection (e)(2) of this section when combined with any 25 other scholarship received by a student based on the student’s status as a child or spouse 26 of a victim of the September 11, 2001, terrorist attacks. 27 (h) (1) There is an Edward T. Conroy and Jean B. Cryor Scholarship Fund. 28 (2) The Commission shall administer the Fund. 29 (3) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 30 the State Finance and Procurement Article. 31 SENATE BILL 949 9 (4) The State Treasurer shall hold the Fund and the Comptroller shall 1 account for the Fund. 2 (5) The Commission: 3 (i) May accept any gift or grant from any person for the Fund; 4 (ii) Shall use any gift or grant that it receives for a scholarship from 5 the programs; and 6 (iii) Shall deposit any gift or grant that it receives for the programs 7 with the State Treasurer. 8 SUBTITLE 39. SCHOLARSHIPS FOR POLICE OFFICERS AND THEIR DEPENDENTS. 9 18–3901. 10 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11 INDICATED. 12 (B) “ELIGIBLE INSTITUTION ” MEANS A PUBLIC OR PR IVATE NONPROFIT 13 INSTITUTION OF HIGHE R EDUCATION IN THE STATE THAT POSSESSES A 14 CERTIFICATE OF APPRO VAL FROM THE COMMISSION. 15 (C) “POLICE OFFICER ” HAS THE MEANING STAT ED IN § 3–201 OF THE 16 PUBLIC SAFETY ARTICLE. 17 (D) “TECHNICAL INFRACTION ” MEANS A MINOR RULE V IOLATION BY A 18 POLICE OFFICER RELAT ED TO THE ENFORCE MENT OF ADMINISTRATI VE RULES 19 THAT: 20 (1) DOES NOT INVOLVE AN I NTERACTION BETWEEN A MEMBER OF 21 THE PUBLIC AND THE P OLICE OFFICER; 22 (2) DOES NOT RELATE TO TH E POLICE OFFICER ’S INVESTIGATIVE , 23 ENFORCEMENT , TRAINING, SUPERVISION, OR REPORTING RESPONS IBILITIES; AND 24 (3) IS NOT OTHERWISE A MA TTER OF PUBLIC CONCE RN. 25 18–3902. 26 (A) IN THIS SECTION , “SCHOLARSHIP ” MEANS THE CONTINUING 27 EDUCATION FOR POLICE OFFICERS SCHOLARSHIP . 28 10 SENATE BILL 949 (B) THERE IS A CONTINUING EDUCATION FOR POLICE OFFICERS 1 SCHOLARSHIP . 2 (C) AN INDIVIDUAL MAY APPLY TO TH E OFFICE FOR THE SCHOLA RSHIP IF 3 THE INDIVIDUAL IS: 4 (1) A CERTIFIED POLICE OFF ICER; 5 (2) ACCEPTED FOR ADMISSIO N OR ENROLLED IN THE REGULAR 6 UNDERGRADUATE PROGRA M AT AN ELIGIBLE INS TITUTION; AND 7 (3) ATTEMPTING TO SATISFY THE DEGREE REQUIREMENT UNDER § 8 3–209.3(C) OF THE PUBLIC SAFETY ARTICLE. 9 (D) ALL APPLICANTS WHO FU LFILL THE REQUIREMEN TS ESTABLISHED IN 10 SUBSECTION (C) OF THIS SECTION SHAL L RECEIVE A SCHOLARS HIP. 11 (E) A SCHOLARSHIP AWARDED UNDER THIS SECTION : 12 (1) MAY BE USED FO R THE TUITION AND FE ES AT ANY ELIGIBLE 13 INSTITUTION FOR UP T O 60 CREDITS TOWARD A BAC HELOR’S DEGREE; AND 14 (2) MAY BE UP TO 100% OF THE EQUIVALENT AN NUAL TUITION AND 15 FEES OF A RESIDENT U NDERGRADUATE STUDENT AT THE UNIVERSITY OF 16 MARYLAND, COLLEGE PARK CAMPUS. 17 18–3903. 18–3902. 18 (A) IN THIS SECTION , “SCHOLARSHIP ” MEANS THE POLICE OFFICERS 19 EDUCATIONAL BENEFIT SCHOLARSHIP I. 20 (B) THERE IS A POLICE OFFICERS EDUCATIONAL BENEFIT SCHOLARSHIP 21 I. 22 (C) AN INDIVIDUAL MAY APP LY TO THE OFFICE FOR THE SCHOLA RSHIP IF 23 THE INDIVIDUAL IS: 24 (1) A CURRENT OR FORMER CE RTIFIED POLICE OFFIC ER WHO: 25 (I) HAS BEEN EMPLOYED IN THAT CAPACITY FOR A MINIMUM 26 OF 5 YEARS; 27 (II) IS A CURRENT RESIDENT OF THE STATE; AND 28 SENATE BILL 949 11 (III) HAS NOT BEEN REPRIMAN DED FOR MISCONDUCT 1 EXCLUDING TECHNICAL INFRACTION S; OR 2 (2) A DEPENDENT CHILD OF A POLICE OFFICER UNDER ITEM (1) OF 3 THIS SUBSECTION , IF A SCHOLARSHIP HAS NOT ALREADY BEEN AWA RDED UNDER 4 THIS SECTION TO THE POLICE OFFICER OR AN OTHER DEPENDENT CHIL D OF THE 5 POLICE OFFICER . 6 (D) ALL APPLICANTS WHO FULFILL THE REQUIREMENTS EST ABLISHED IN 7 SUBSECTION (C) OF THIS SECTION SHAL L RECEIVE A SCHOLARS HIP. 8 (E) A POLICE OFFICER IS NO LONGER ELIGIBLE TO A PPLY FOR A 9 SCHOLARSHIP UNDER TH IS SECTION IF THEIR DEPENDENT CHILD HAS APPLIED. 10 (F) A SCHOLARSHIP AWARDED UNDER THIS SECTION: 11 (1) MAY BE USED FOR THE T UITION AT ANY ELIGIB LE INSTITUTION 12 FOR UP TO 60 CREDITS; AND 13 (2) MAY BE UP TO 100% OF THE EQUIVALENT AN NUAL TUITION OF A 14 RESIDENT UNDERGRADUA TE STUDENT AT THE UNIVERSITY OF MARYLAND, 15 COLLEGE PARK CAMPUS. 16 18–3904. 18–3903. 17 (A) IN THIS SECTION , “SCHOLARSHIP ” MEANS THE POLICE OFFICERS 18 EDUCATIONAL BENEFIT SCHOLARSHIP II. 19 (B) THERE IS A POLICE OFFICERS EDUCATIONAL BENEFIT SCHOLARSHIP 20 II. 21 (C) AN INDIVIDUAL MAY APP LY TO THE OFFICE FOR THE SCHOLARSHIP IF 22 THE INDIVIDUAL IS: 23 (1) A CURRENT OR FORMER CE RTIFIED POLICE OFFIC ER WHO: 24 (I) HAS BEEN EMPLOYED IN THAT CAPACITY FOR A MINIMUM 25 OF 10 YEARS; 26 (II) IS A CURRENT RESIDENT OF THE STATE; AND 27 (III) HAS NOT BEEN AWARDED THE CONTINUING EDUCATION 28 FOR POLICE OFFICERS SCHOLARSHIP UNDER § 18–3902 OF THIS SUBTITLE; AND 29 12 SENATE BILL 949 (IV) (III) HAS NOT BEEN REPRIMAN DED FOR MISCONDUCT 1 EXCLUDING TECHNICAL INFRACTIONS; OR 2 (2) A DEPENDENT CHILD OF A POLICE OFFICER UNDER ITEM (1) OF 3 THIS SUBSECTION , IF A SCHOLARSHIP HAS NOT ALREADY BEEN AWA RDED UNDER 4 THIS SECTION TO THE POLICE OFFICER OR AN OTHER DEPENDENT CHIL D OF THE 5 POLICE OFFICER . 6 (D) ALL APPLICANTS WHO FU LFILL THE REQUIREM ENTS ESTABLISHED IN 7 SUBSECTION (C) OF THIS SECTION SHAL L RECEIVE A SCHOLARS HIP. 8 (E) A POLICE OFFICER IS NO LONGER ELIGIBLE TO A PPLY FOR A 9 SCHOLARSHIP UNDER TH IS SECTION IF THEIR DEPENDENT CHILD HAS APPLIED. 10 (F) A SCHOLARSHIP AWARDED UNDER THIS SECTION : 11 (1) MAY BE USED FOR THE T UITION AT ANY ELIGIB LE INSTITUTION 12 FOR UP TO: 13 (I) 120 CREDITS; OR 14 (II) 60 CREDITS IF THE POLIC E OFFICER OR A DEPEN DENT 15 CHILD OF THE POLICE OFFICER WAS AWARDED THE POLICE OFFICERS 16 EDUCATIONAL BENEFIT SCHOLARSHIP I UNDER § 18–3903 § 18–3902 OF THIS 17 SUBTITLE; AND 18 (2) MAY BE UP TO 100% OF THE EQUIVALENT AN NUAL TUITION OF A 19 RESIDENT UNDERGRADUA TE STUDENT AT THE UNIVERSITY OF MARYLAND, 20 COLLEGE PARK CAMPUS. 21 18–3905. 18–3904. 22 (A) THE COMMISSION MAY ADOPT ANY REGULATIONS NE CESSARY TO 23 IMPLEMENT THIS SUBTI TLE. 24 (B) THE OFFICE SHALL ESTABLIS H THE APPLICATION AN D AWARD 25 PROCESSES FOR THE SC HOLARSHIPS UNDER THI S SUBTITLE. 26 (C) FOR FISCAL YEAR 2024 AND EACH YEAR THEREA FTER, THE GOVERNOR 27 SHALL PROVIDE SUFFIC IENT FUNDS IN THE BUDGET TO EQUAL 100% OF THE VALUE 28 OF THE SCHOLARSHIPS AWARDED UNDER THIS S UBTITLE. 29 SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 30 construed to apply only prospectively and may not be applied or interpreted to have any 31 effect on or application to any police officers certified before the effective date of this Act. 32 SENATE BILL 949 13 SECTION 4. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 July 1, 2022. 2 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.