EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W. [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. *sb0470* SENATE BILL 470 P1, E4 4lr4592 CF HB 597 By: The President (By Request – Administration) and Senators Augustine, Beidle, Brooks, Carozza, Charles, Elfreth, Ferguson, Gile, Hester, Hettleman, James, Lam, McKay, Rosapepe, Salling, Waldstreicher, M. Washington, and West West, Smith, Muse, and Folden Introduced and read first time: January 22, 2024 Assigned to: Judicial Proceedings Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 2, 2024 CHAPTER ______ AN ACT concerning 1 Growing Apprenticeships and the Public Safety Workforce (GAPS) Act 2 FOR the purpose of altering the Law Enforcement Cadet Apprenticeship Program in the 3 Maryland Department of Labor to be the Public Safety Apprenticeship Program; 4 expanding the purpose and scope of the Program to promote careers with certain 5 public safety agencies; increasing the maximum amount of a grant altering the 6 eligibility criteria and the types of grants that may be awarded under the Program; 7 requiring the Maryland Police Training and Standards Commission to develop 8 certain mental health wellness policies to be implemented in certain law 9 enforcement agencies and correctional facilities; establishing the Workgroup on 10 Growing Engagement in the Law Enforcement and the Corrections Workforce to 11 study and make recommendations on increasing law enforcement employment in the 12 State; and generally relating to the Public Safety Apprenticeship Program, the 13 duties of the Maryland Police Training and Standards Commission, and the 14 Workgroup on Growing Engagement in the Law Enforcement and the Corrections 15 Workforce. 16 BY repealing and reenacting, with amendments, 17 Article – Labor and Employment 18 Section 11–603 19 Annotated Code of Maryland 20 (2016 Replacement Volume and 2023 Supplement) 21 2 SENATE BILL 470 BY repealing and reenacting, without amendments, 1 Article – Public Safety 2 Section 3–201(a), (b), and (d) 3 Annotated Code of Maryland 4 (2022 Replacement Volume and 2023 Supplement) 5 BY adding to 6 Article – Public Safety 7 Section 3–207(m) 8 Annotated Code of Maryland 9 (2022 Replacement Volume and 2023 Supplement) 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That the Laws of Maryland read as follows: 12 Article – Labor and Employment 13 11–603. 14 (a) (1) In this section the following words have the meanings indicated. 15 [(2) “Cadet Program” means the Law Enforcement Cadet Apprenticeship 16 Program.] 17 [(3)] (2) “Law enforcement agency” means the police department of a 18 county, municipal corporation, [or] university in the State, OR STATE AGENCY . 19 (3) “PROGRAM” MEANS THE PUBLIC SAFETY APPRENTICESHIP 20 PROGRAM. 21 (4) “PUBLIC SAFETY AGENCY ” INCLUDES: 22 (I) A CORRECTIONAL UNIT , AS DEFINED IN § 2–401 OF THE 23 CORRECTIONAL SERVICES ARTICLE; 24 (II) A LAW ENFORCEMENT AGENCY ; AND 25 (III) A PUBLIC SAFETY AGEN CY, AS DEFINED IN § 1–301 OF THE 26 PUBLIC SAFETY ARTICLE. 27 (b) There is a [Law Enforcement Cadet] PUBLIC SAFETY Apprenticeship 28 Program in the Department. 29 (c) The purposes of the [Cadet] Program are to: 30 SENATE BILL 470 3 (1) provide young individuals opportunities to begin a career [in law 1 enforcement] WITH A PUBLIC SAFETY AGENCY; 2 (2) foster positive relationships between the public, particularly young 3 individuals, and [law enforcement] PUBLIC SAFETY agencies; 4 (3) develop a cohort of individuals qualified to join a [law enforcement] 5 PUBLIC SAFETY agency; 6 (4) encourage [law enforcement] PUBLIC SAFETY agencies to hire 7 apprentices; and 8 (5) help [law enforcement] PUBLIC SAFETY agencies offset additional 9 costs, if any, associated with hiring apprentices. 10 (d) THE PROGRAM SHALL CONSIST OF START –UP GRANTS AND 11 STABILIZATION GRANTS . 12 (E) A PUBLIC SAFETY AGENCY OR A GROUP OF PUBLIC SAFETY AGENCIES 13 PARTICIPATING IN THE PROGRAM SHALL : 14 (1) DEVELOP A REGISTERED APPRENTICESHIP PROGR AM; AND 15 (2) ESTABLISH A REGISTER ED APPRENTICESHIP PR OGRAM THAT 16 DEVELOPS A CAREER PA TH THAT ENABLES AN I NDIVIDUAL TO WORK IN A PUBLIC 17 SAFETY AGENCY . 18 (F) (1) The Department shall: 19 (i) administer the [Cadet] Program; and 20 (ii) award START–UP AND STABILIZATION grants under the 21 [Cadet] Program on a competitive basis to [law enforcement] PUBLIC SAFETY agencies 22 that meet the requirements under paragraph (2) of this subsection A PUBLIC SAFETY 23 AGENCY OR A GROUP OF PUBLIC SAFE TY AGENCIES THAT MEE T THE REQUIREMENTS 24 OF THIS SECTION. 25 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 26 PARAGRAPH , THE DEPARTMENT MAY AWARD : 27 1. A START–UP GRANT NOT EXCEEDI NG $200,000 TO A 28 PUBLIC SAFETY AGENCY OR A GROU P OF PUBLIC SAFETY A GENCIES FOR 29 DEVELOPMENT AND LAUN CH OF A PUBLIC SAFET Y AGENCY’S REGISTERED 30 APPRENTICESHIP PROGR AM UNDER THIS SECTIO N; AND 31 4 SENATE BILL 470 2. A STABILIZATION GRAN T NOT EXCEEDING $5,000 TO A 1 PUBLIC SAFETY AGENCY OR A GROUP OF PUBLIC SAFETY AGENCIES O N THE INITIAL 2 ENROLLMENT OF EACH A PPRENTICE IN THE PUB LIC SAFETY AGENCY ’S REGISTERED 3 APPRENTICESHIP PROGR AM. 4 (II) THE DEPARTMENT MAY NOT AW ARD A START –UP OR 5 STABILIZATION GRANT UNDER THIS SECTION T O A PUBLIC SAFETY AG ENCY OR A 6 GROUP OF PUBLIC SAFE TY AGENCIES THAT FAIL TO BARGAIN WITH THE 7 APPROPRIATE EXCLUSIV E REPRESENTATIVE REG ARDING ANY ADJUSTMEN TS TO 8 WAGES, HOURS, OR OTHER TERMS AND C ONDITIONS OF EMPLOYM ENT THAT ARE 9 REQUIRED FOR INDIVID UALS TO PARTICIPATE IN THE PUBLIC SAFETY AGENCY’S 10 REGISTERED APPRE NTICESHIP PROGRAM . 11 (2) A [law enforcement] PUBLIC SAFETY agency is eligible to receive a 12 grant if the [law enforcement] PUBLIC SAFETY agency employs at least one apprentice 13 who: 14 (i) has been employed by the agency for at least 7 months; AND 15 (ii) is enrolled in the first year of an apprenticeship program 16 registered with the Maryland Apprenticeship and Training Council under § 11–405(b) of 17 this title[; and 18 (iii) lives in a zip code in which at least 10% of the population is below 19 the poverty level as established by the U.S. Department of Commerce, Bureau of the 20 Census, in the most recently released data]. 21 (e) [(1) Except as provided in paragraph (2) of this subsection, the] THE 22 amount of a grant awarded under the [Cadet] Program: 23 [(i)] (1) shall be based on the number of apprentices who meet the 24 description in subsection [(d)(2)(i) through (iii)] (D)(2) of this section who are employed by 25 the eligible [law enforcement] PUBLIC SAFETY agency; and 26 [(ii)] (2) may not exceed [$2,000] $5,000 for each apprentice who 27 meets the description in subsection [(d)(2)(i) through (iii)] (D)(2) of this section who is 28 employed by the eligible law enforcement agency. 29 [(2) The amount of a grant awarded to an eligible university law 30 enforcement agency may not exceed $1,000 for each apprentice who meets the description 31 in subsection (d)(2)(i) through (iii) of this section who is employed by the eligible university 32 law enforcement agency.] 33 (f) (G) For fiscal year 2021 and each fiscal year thereafter, the Governor shall include 34 in the State budget an appropriation of at least $750,000 for the [Cadet] Program to: 35 SENATE BILL 470 5 (1) provide grants to eligible [law enforcement] PUBLIC SAFETY agencies; 1 and 2 (2) cover the administrative costs of operating the [Cadet] Program. 3 (g) (H) The Department shall adopt regulations necessary to carry out this 4 section, including regulations to: 5 (1) develop requirements for grant applications; 6 (2) develop a process for reviewing grant applications and awarding grants 7 to eligible [law enforcement] PUBLIC SAFETY agencies; and 8 (3) determine the maximum amount that an eligible [law enforcement] 9 PUBLIC SAFETY agency OR A GROUP OF PUBLIC SAFETY AGENCIES may be awarded 10 under the [Cadet] Program each fiscal year. 11 Article – Public Safety 12 3–201. 13 (a) In this subtitle the following words have the meanings indicated. 14 (b) “Commission” means the Maryland Police Training and Standards 15 Commission. 16 (d) (1) “Law enforcement agency” means a governmental police force, sheriff’s 17 office, or security force or law enforcement organization of the State, a county, or a 18 municipal corporation that by statute, ordinance, or common law is authorized to enforce 19 the general criminal laws of the State. 20 (2) “Law enforcement agency” does not include members of the Maryland 21 National Guard who: 22 (i) are under the control and jurisdiction of the Military 23 Department; 24 (ii) are assigned to the military property designated as the Martin 25 State Airport; and 26 (iii) are charged with exercising police powers in and for the Martin 27 State Airport. 28 3–207. 29 6 SENATE BILL 470 (M) (1) IN THIS SUBSECTION , “CORRECTIONAL FACILIT Y” MEANS A 1 STATE CORRECTIONAL FA CILITY AND A LOCAL C ORRECTIONAL FACILITY , AS 2 DEFINED IN § 1–101 OF THE CORRECTIONAL SERVICES ARTICLE. 3 (2) THE COMMISSION SHALL DEVE LOP MENTAL HEALTH WE LLNESS 4 POLICIES TO BE IMPLE MENTED IN LAW ENFORC EMENT AGENCIES AND 5 CORRECTIONAL FACILIT IES IN THE STATE BY: 6 (I) DETERMINING WAYS TO PROMOTE SAFETY AND W ELLNESS 7 AT EVERY LEVEL OF A LAW ENFORCEMENT AGEN CY AND A CORRECTIONAL F ACILITY; 8 (II) INCORPORATING INTO T RAININGS STRESS MANA GEMENT 9 TECHNIQUES DESIGNED BY LAW ENFORCEMENT O FFICERS AND CORRECTIONAL 10 OFFICERS; 11 (III) ESTABLISHING CONFIDENTIAL PEER SUPPORT PROGRAM S; 12 (IV) OFFERING PSYCHOLOGIC AL PROGRAMMING TO HE LP 13 OFFICERS MANAGE STRE SS; AND 14 (V) UTILIZING MEASURING TOOLS TO TRACK EFFEC TIVENESS. 15 (2) (3) ON OR BEFORE JANUARY 1, 2025, AND EACH JANUARY 1 16 THEREAFTER , THE COMMISSION SHALL REPO RT TO THE GOVERNOR AND , IN 17 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 18 ASSEMBLY ON THE STATU S OF THE DEVELOPMENT AND IMPLEMENTATION O F THE 19 POLICIES DESCRIBED UNDER PARAGRAPH (1) (2) OF THIS SUBSECTION A ND THE 20 EFFECTS OF THE POLIC IES. 21 SECTION 2. AND BE IT FURTHER ENACTED, That: 22 (a) There is a Workgroup on Growing Engagement in the Law Enforcement and 23 the Corrections Workforce. 24 (b) The Workgroup consists of the following members: 25 (1) one member of the Senate of Maryland, appointed by the President of 26 the Senate; 27 (2) one member of the House of Delegates, appointed by the Speaker of the 28 House; 29 (3) the Secretary of Public Safety and Correctional Services, or the 30 Secretary’s designee; 31 SENATE BILL 470 7 (2) (4) the Secretary of Higher Education, or the Secretary’s designee; 1 (3) (5) the Executive Director of the Maryland Association of Counties, or the 2 Executive Director’s designee; 3 (4) (6) the Chief Executive Officer of the Maryland Municipal League, or the 4 Chief Executive Officer’s designee; 5 (5) (7) the Executive Director of the Maryland Association of Community 6 Colleges, or the Executive Director’s designee; 7 (6) (8) the State Superintendent of Schools, or the Superintendent’s designee; 8 (7) (9) the Secretary of Labor, or the Secretary’s designee; 9 (8) (10) the Secretary of State Police, or the Secretary’s designee; 10 (9) (11) the President of the Maryland Chiefs of Police Association, or the 11 President’s designee; 12 (10) (12) the President of the Maryland Sheriffs’ Association, or the 13 President’s designee; and 14 (11) (13) the President of the Maryland Fraternal Order of Police, or the 15 President’s designee; and 16 (14) the following members designated by the President of the Maryland 17 Correctional Administrators Association (MCAA): 18 (i) one State member of MCAA; and 19 (ii) one county member of MCAA. 20 (c) The Governor shall designate the Chair of the Workgroup. 21 (d) The Maryland Police Training and Standards Commission shall staff the 22 Workgroup. 23 (e) A member of the Workgroup or any subgroup established under subsection (g) 24 of this section: 25 (1) may not receive compensation as a member of the Workgroup or 26 subgroup; but 27 (2) is entitled to reimbursement for expenses under the Standard State 28 Travel Regulations, as provided in the State budget. 29 8 SENATE BILL 470 (f) The Workgroup shall: 1 (1) identify and study the shortage of employees in the law enforcement 2 and corrections fields; 3 (2) determine ways to advertise and promote law enforcement and 4 corrections employment opportunities across the State; and 5 (3) explore recruitment and retention strategies used in the law 6 enforcement and corrections fields that have been successful in other states and countries; 7 and 8 (4) make recommendations on incentives or other methods to increase the 9 number of employees in the law enforcement and corrections workforce. 10 (g) (1) The Workgroup may establish a subgroup within the Workgroup to 11 assist the Workgroup in carrying out its duties, including by conducting research and 12 producing reports. 13 (2) A subgroup established under paragraph (1) of this subsection may 14 include an individual who is not a member of the Workgroup. 15 (h) On or before January 1, 2025, the Workgroup shall report its findings and 16 recommendations to the Governor and, in accordance with § 2 –1257 of the State 17 Government Article, the General Assembly. 18 SECTION 3. AND BE IT FURTHER ENACTED, That this Act may not be c onstrued 19 as reducing or lowering the minimum qualifications for employment in a public safety 20 agency, as defined in § 11–603(a)(4) of the Labor and Employment Article, as enacted by 21 this Act. 22 SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 June 1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and 1 month 24 and, at the end of June 30, 2025, Section 2 of this Act, with no further action required by 25 the General Assembly, shall be abrogated and of no further force and effect. 26 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.