EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0048*
SENATE BILL 48
P4, E4 3lr0514
(PRE–FILED)
By: Senator Lam
Requested: October 6, 2022
Introduced and read first time: January 11, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Disaster Service and Uniformed Services Leave Modernization Act of 2023 2
FOR the purpose of defining “local emergency manager” to clarify provisions of law relating 3
to the Cyber Preparedness Unit; adding certain State employees to certain provisions 4
of law authorizing disaster service leave with pay; authorizing certain appointing 5
authorities to waive certain requirements for disaster service leave and to increase 6
the number of days of disaster service leave under certain circumstances; defining 7
“uniformed services” for the purpose of adding certain individuals to certain 8
provisions of law relating to certain paid leave and military administrative leave; 9
and generally relating to disaster service and uniformed services leave for State 10
employees. 11
BY repealing and reenacting, with amendments, 12
Article – Public Safety 13
Section 14–104.1 14
Annotated Code of Maryland 15
(2022 Replacement Volume) 16
BY repealing and reenacting, with amendments, 17
Article – State Personnel and Pensions 18
Section 9–1102, 9–1104, and 9–1107 19
Annotated Code of Maryland 20
(2015 Replacement Volume and 2022 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Public Safety 24
14–104.1. 25 2 SENATE BILL 48
(a) (1) In this section the following words have the meanings indicated. 1
(2) “LOCAL EMERGENCY MANAGER ” MEANS AN INDIVIDUAL WHOSE 2
PRIMARY DUT Y OF EMPLOYMENT IS TO EXECUTE THE MISSION OF EMERG ENCY 3
MANAGEMENT . 4
(3) “Local government” includes local school systems, local school boards, 5
and local health departments. 6
[(3)] (4) “Unit” means the Cyber Preparedness Unit. 7
(b) (1) There is a Cyber Preparedness Unit in the Department. 8
(2) In coordination with the State Chief Information Security Officer, the 9
Unit shall: 10
(i) support local governments in developing a vulnerability 11
assessment and cyber assessment, including providing local governments with the 12
resources and information on best practices to complete the assessments; 13
(ii) develop and regularly update an online database of cybersecurity 14
training resources for local government personnel, including technical training resources, 15
cybersecurity continuity of operations templates, consequence management plans, and 16
trainings on malware and ransomware detection; 17
(iii) assist local governments in: 18
1. the development of cybersecurity preparedness and 19
response plans; 20
2. implementing best practices and guidance developed by 21
the State Chief Information Security Officer; and 22
3. identifying and acquiring resources to complete 23
appropriate cybersecurity vulnerability assessments; 24
(iv) connect local governments to appropriate resources for any other 25
purpose related to cybersecurity preparedness and response; 26
(v) as necessary and in coordination with the National Guard, local 27
emergency managers, and other State and local entities, conduct regional cybersecurity 28
preparedness exercises; and 29
(vi) establish regional assistance groups to deliver and coordinate 30
support services to local governments, agencies, or regions. 31
SENATE BILL 48 3
(3) The Unit shall support the Office of Security Management in the 1
Department of Information Technology during emergency response efforts. 2
(c) (1) Each local government shall report a cybersecurity incident, including 3
an attack on a State system being used by the local government, to the appropriate local 4
emergency manager and the State Security Operations Center in the Department of 5
Information Technology and to the Maryland Joint Operations Center in the Department 6
in accordance with paragraph (2) of this subsection. 7
(2) For the reporting of cybersecurity incidents under paragraph (1) of this 8
subsection, the State Chief Information Security Officer shall determine: 9
(i) the criteria for determining when an incident must be reported; 10
(ii) the manner in which to report; and 11
(iii) the time period within which a report must be made. 12
(3) The State Security Operations Center shall immediately notify 13
appropriate agencies of a cybersecurity incident reported under this subsection through the 14
State Security Operations Center. 15
(d) (1) Five Position Identification Numbers (PINs) shall be created for the 16
purpose of hiring staff to conduct the duties of the Maryland Department of Emergency 17
Management Cybersecurity Preparedness Unit. 18
(2) For fiscal year 2024 and each fiscal year thereafter, the Governor shall 19
include in the annual budget bill an appropriation of at least: 20
(i) $220,335 for 3 PINs for Administrator III positions; and 21
(ii) $137,643 for 2 PINs for Administrator II positions. 22
Article – State Personnel and Pensions 23
9–1102. 24
(a) This section applies to all employees, including temporary employees, of all 25
units in the Executive, Judicial, and Legislative branches of State government, including 26
any unit with an independent personnel system. 27
(b) On request, an employee subject to this section may be entitled to disaster 28
service leave with pay if: 29
(1) (I) the employee is certified by the American Red Cross as a disaster 30
service volunteer; and 31
4 SENATE BILL 48
[(2)] (II) the American Red Cross requests the services of the employee 1
during a disaster that is designated at Level II or above in the regulations and procedures 2
of the National Office of the American Red Cross; OR 3
(2) THE EMPLOYEE IS A ME MBER OF: 4
(I) THE CIVIL AIR PATROL; 5
(II) THE UNITED STATES COAST GUARD AUXILIARY; OR 6
(III) A MARYLAND VOLUNTARY ORGANIZATION ACTIVE IN A 7
DISASTER, INCLUDING: 8
1. THE MARYLAND INCIDENT MANAGEMENT TEAM; 9
2. A VOLUNTEER EMERGENC Y MEDICAL SERVICES 10
DEPARTMENT ; 11
3. A VOLUNTEER FIRE DEP ARTMENT; OR 12
4. A VOLUNTEER RESCUE C OMPANY OR VOLUNTEER 13
RESCUE SQUAD . 14
(c) An employee may use up to 15 days of disaster service leave in any 12–month 15
period only after obtaining approval from the employee’s appointing authority. 16
(D) DURING A PROLONGED OR RECURRENT DISASTER, THE EMPLOYEE’S 17
APPOINTING AUTHORITY MAY: 18
(1) WAIVE THE REQUIREMENT S UNDER SUBSECTIONS (B) AND (C) OF 19
THIS SECTION THAT AN EMPLOYEE MUST REQUEST AND OBTAIN APPROVAL BEFORE 20
THE EMPLOYEE MAY USE DISASTER SERVICE LEA VE, IF WAIVING THE REQUI REMENT 21
WOULD BE IN THE BEST INTEREST OF THE CITI ZENS OF THE STATE; AND 22
(2) INCREASE THE NUMBER OF DAYS O F DISASTER SERVICE L EAVE 23
UNDER SUBSECTION (C) OF THIS SECTION THAT AN EMPLOYEE MAY USE, IF AN 24
INCREASE WOULD BE IN THE BEST INTEREST OF THE CITI ZENS OF THE STATE. 25
[(d)] (E) (1) For purposes of workers’ compensation and the Maryland Tort 26
Claims Act, while an employee is using disaster service leave, the employee is deemed not 27
to be a State employee. 28
(2) THIS SUBSECTION DOES NOT APPLY TO A STATE EMPLOYEE 29
PARTICIPATING AS A MEMBER OF THE MARYLAND INCIDENT MANAGEMENT TEAM. 30 SENATE BILL 48 5
9–1104. 1
(A) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED 2
IN 38 U.S.C. § 4303. 3
(B) The Secretary may provide by regulation for leave with pay: 4
(1) for jury service; 5
(2) to attend employee organization events approved for this purpose by 6
the Secretary; 7
(3) up to 15 days for [military] UNIFORMED SERVICES training or active 8
[military] UNIFORMED SERVICES duty in a reserve unit of the armed forces or in the 9
organized militia; 10
(4) unless the employee is a party to the action or a paid witness, to appear 11
in compliance with a subpoena: 12
(i) in court; 13
(ii) before a grand jury; 14
(iii) before an administrative unit; or 15
(iv) for a deposition; 16
(5) for administrative leave for the purpose of immediately removing an 17
employee from the work site, if the employee: 18
(i) poses a threat to self, another individual, or State property; or 19
(ii) is incapable of properly performing the employee’s duties 20
because of extraordinary circumstances; and 21
(6) any other paid leave the Secretary deems necessary. 22
9–1107. 23
(a) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED 24
IN 38 U.S.C. § 4303. 25
(B) This section applies to all employees, except temporary employees, of all units 26
in the Executive, Judicial, and Legislative branches of State government, including any 27
unit with an independent personnel system. 28 6 SENATE BILL 48
[(b)] (C) [Military] UNIFORMED SERVICES administrative leave may be 1
provided to an employee subject to this section who: 2
(1) is on active [military] UNIFORMED SERVICES duty on July 1, 2003; or 3
(2) is activated for [military] UNIFORMED SERVICES duty on or after July 4
1, 2003. 5
[(c)] (D) (1) An employee who is eligible to receive [military] UNIFORMED 6
SERVICES administrative leave under this section is entitled to leave in an amount 7
sufficient to compensate the employee, during each pay period for which the employee is 8
eligible to receive [military] UNIFORMED SERVICES administrative leave under this 9
section, for the difference between the employee’s active duty base salary paid by the federal 10
government and the employee’s State base salary or direct wages. 11
(2) Compensation provided under this subsection may not exceed an 12
employee’s State base salary or direct wages. 13
[(d)] (E) An employee eligible to receive [military] UNIFORMED SERVICES 14
administrative leave under this section who is activated for [military] UNIFORMED 15
SERVICES duty on or after July 1, 2003, shall elect to use either [military] UNIFORMED 16
SERVICES administrative leave or paid leave as provided in [§ 9–1104(3)] § 9–1104(B)(3) 17
of this subtitle. 18
[(e)] (F) The Department shall keep a record of the use of [military] 19
UNIFORMED SERVICES administrative leave under this section. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2023. 22