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.
*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
Reassigned: Finance, January 13, 2023
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 21, 2023
CHAPTER ______
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 emergency management; adding certain State 4
employees to certain provisions of law authorizing disaster service leave with pay; 5
authorizing certain appointing authorities to waive certain requirements for disaster 6
service leave and to increase the number of days of disaster service leave under 7
certain circumstances; defining “uniformed services” for the purpose of adding 8
certain individuals to certain provisions of law relating to certain paid leave and 9
military administrative leave; and generally relating to disaster service and 10
uniformed services leave for State employees. 11
BY repealing and reenacting, with amendments, 12
Article – Public Safety 13
Section 14–104.1 14–101 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 2 SENATE BILL 48
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Public Safety 3
14–104.1. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “LOCAL EMERGENCY MANAG ER” MEANS AN INDIVIDUAL WHOSE 6
PRIMARY DUTY OF EMPL OYMENT IS TO EXECUTE THE MISSION OF EMERG ENCY 7
MANAGEMENT . 8
(3) “Local government” includes local school systems, local school boards, 9
and local health departments. 10
[(3)] (4) “Unit” means the Cyber Preparedness Unit. 11
(b) (1) There is a Cyber Preparedness Unit in the Department. 12
(2) In coordination with the State Chief Information Security Officer, the 13
Unit shall: 14
(i) support local governments in developing a vulnerability 15
assessment and cyber assessment, including providing local governments with the 16
resources and information on best practices to complete the assessments; 17
(ii) develop and regularly update an online database of cybersecurity 18
training resources for local government personnel, including technical training resources, 19
cybersecurity continuity of operations templates, consequence management plans, and 20
trainings on malware and ransomware detection; 21
(iii) assist local governments in: 22
1. the development of cybersecurity preparedness and 23
response plans; 24
2. implementing best practices and guidance developed by 25
the State Chief Information Security Officer; and 26
3. identifying and acquiring resources to comp lete 27
appropriate cybersecurity vulnerability assessments; 28
(iv) connect local governments to appropriate resources for any other 29
purpose related to cybersecurity preparedness and response; 30
SENATE BILL 48 3
(v) as necessary and in coordination with the National Guard, local 1
emergency managers, and other State and local entities, conduct regional cybersecurity 2
preparedness exercises; and 3
(vi) establish regional assistance groups to deliver and coordinate 4
support services to local governments, agencies, or regions. 5
(3) The Unit shall support the Office of Security Management in the 6
Department of Information Technology during emergency response efforts. 7
(c) (1) Each local government shall report a cybersecurity incident, including 8
an attack on a State system being used by the local government, to the appropriate local 9
emergency manager and the State Security Operations Center in the Department of 10
Information Technology and to the Maryland Joint Operations Center in the Department 11
in accordance with paragraph (2) of this subsection. 12
(2) For the reporting of cybersecurity incidents under paragraph (1) of this 13
subsection, the State Chief Information Security Officer shall determine: 14
(i) the criteria for determining when an incident must be reported; 15
(ii) the manner in which to report; and 16
(iii) the time period within which a report must be made. 17
(3) The State Security Operations Center shall immediately notify 18
appropriate agencies of a cybersecurity incident reported under this subsection through the 19
State Security Operations Center. 20
(d) (1) Five Position Identification Numbers (PINs) shall be created for the 21
purpose of hiring staff to conduct the duties of the Maryland Department of Emergency 22
Management Cybersecurity Preparedness Unit. 23
(2) For fiscal year 2024 and each fiscal year thereafter, the Governor shall 24
include in the annual budget bill an appropriation of at least: 25
(i) $220,335 for 3 PINs for Administrator III positions; and 26
(ii) $137,643 for 2 PINs for Administrator II positions. 27
14–101. 28
(a) In this title the following words have the meanings indicated. 29
(b) “Department” means the Maryland Department of Emergency Management. 30
4 SENATE BILL 48
(c) “Emergency” means the imminent threat or occurrence of severe or 1
widespread loss of life, injury, or other health impacts, property damage or destruction, 2
social or economic disruption, or environmental degradation from natural, technological, or 3
human–made causes. 4
(d) (1) “Emergency management” means the planning, implementing, and 5
conducting of risk reduction and consequence management activities across the mission 6
areas of prevention, protection, mitigation, response, and recovery to enhance 7
preparedness, save lives, preserve public health and safety, protect public and private 8
property, and minimize or repair injury and damage that results or may result from 9
emergencies. 10
(2) “Emergency management” does not include the preparation for and 11
carrying out of functions in an emergency for which military forces are primarily 12
responsible. 13
(E) “EMERGENCY MANAGER ” MEANS AN INDIVIDUAL WHOSE PRIMARY 14
DUTY OF EMPLOYMENT I S TO EXECUTE THE MIS SION OF EMERGENCY MA NAGEMENT. 15
[(e)] (F) “Local organization for emergency management ” means an 16
organization established by a political subdivision or other local authority under § 14–109 17
of this subtitle. 18
[(f)] (G) “Political subdivision” means a county or municipal corporation of the 19
State. 20
[(g)] (H) “Secretary” means the Secretary of Emergency Management. 21
[(h)] (I) “Senior elected official” means: 22
(1) the mayor; 23
(2) the county executive; 24
(3) for a county that does not have a county executive, the president of the 25
board of county commissioners or county council or other chief executive officer of the 26
county; or 27
(4) for a municipal corporation that does not have a mayor, the burgess, 28
chairperson, or president of the municipal governing body or other chief executive officer of 29
the municipal corporation. 30
Article – State Personnel and Pensions 31
9–1102. 32
SENATE BILL 48 5
(a) This section applies to all employees, including temporary employees, of all 1
units in the Executive, Judicial, and Legislative branches of State government, including 2
any unit with an independent personnel system. 3
(b) On request, an employee subject to this section may be entitled to disaster 4
service leave with pay if: 5
(1) (I) the employee is certified by the American Red Cross as a disaster 6
service volunteer; and 7
[(2)] (II) the American Red Cross requests the services of the employee 8
during a disaster that is designated at Level II or above in the regulations and procedures 9
of the National Office of the American Red Cross; OR 10
(2) THE EMPLOYEE IS A ME MBER OF: 11
(I) THE CIVIL AIR PATROL; 12
(II) THE UNITED STATES COAST GUARD AUXILIARY; OR 13
(III) A MARYLAND VOLUNTARY OR GANIZATION ACTIVE IN A 14
DISASTER, INCLUDING: 15
1. THE MARYLAND INCIDENT MANAGEMENT TEAM 16
MARYLAND VOLUNTARY ORGANIZATIONS ACTIVE IN DISASTER; 17
2. (IV) A VOLUNTEER EMERGENCY MEDICAL SERVICES 18
DEPARTMENT ; 19
3. (V) A VOLUNTEER FIRE DEP ARTMENT; OR 20
4. (VI) A VOLUNTEER RESCUE C OMPANY OR 21
VOLUNTEER RESCUE SQU AD; OR 22
(VII) A COMMUNITY EMERGENCY RESPONSE TEAM. 23
(c) An employee may use up to 15 days of disaster service leave in any 12–month 24
period only after obtaining approval from the employee’s appointing authority. 25
(D) DURING A PROLONGED OR RECURRENT DISASTER , THE EMPLOYEE ’S 26
APPOINTING AUTHORITY MAY: 27
(1) WAIVE THE REQUIREMEN TS UNDER SUBSECTIONS (B) AND (C) OF 28
THIS SECTION THAT AN EMPLOYEE MUST REQUES T AND OBTAIN APPROVA L BEFORE 29 6 SENATE BILL 48
THE EMPLOYEE MAY USE DISASTER SERVICE LEA VE, IF WAIVING THE REQUI REMENT 1
WOULD BE IN THE BEST INTEREST OF THE CITI ZENS OF THE STATE; AND 2
(2) INCREASE THE NUMBER OF DAYS OF DISASTER SERVICE L EAVE 3
UNDER SUBSECTION (C) OF THIS SECTION THAT AN EMPLOYEE MAY USE , IF AN 4
INCREASE WOULD BE IN THE BEST INTEREST OF THE CITIZENS OF THE STATE. 5
[(d)] (E) (1) For purposes of workers’ compensation and the Maryland Tort 6
Claims Act, while an employee is using disaster service leave, the employee is deemed not 7
to be a State employee. 8
(2) THIS SUBSECTION DOES NOT APPLY TO A STATE EMPLOYEE 9
PARTICIPATING AS A M EMBER OF THE MARYLAND INCIDENT MANAGEMENT TEAM. 10
9–1104. 11
(A) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED 12
IN 38 U.S.C. § 4303 AND 20 C.F.R. § 1002.5(O). 13
(B) The Secretary may provide by regulation for leave with pay: 14
(1) for jury service; 15
(2) to attend employee organization events approved for this purpose by 16
the Secretary; 17
(3) up to 15 days for [military] UNIFORMED SERVICES training or active 18
[military] UNIFORMED SERVICES duty in a reserve unit of the armed forces or in the 19
organized militia; 20
(4) unless the employee is a party to the action or a paid witness, to appear 21
in compliance with a subpoena: 22
(i) in court; 23
(ii) before a grand jury; 24
(iii) before an administrative unit; or 25
(iv) for a deposition; 26
(5) for administrative leave for the purpose of immediately removing an 27
employee from the work site, if the employee: 28
(i) poses a threat to self, another individual, or State property; or 29
SENATE BILL 48 7
(ii) is incapable of properly performing the employee’s duties 1
because of extraordinary circumstances; and 2
(6) any other paid leave the Secretary deems necessary. 3
9–1107. 4
(a) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED 5
IN 38 U.S.C. § 4303 AND 20 C.F.R. § 1002.5(O). 6
(B) This section applies to all employees, except temporary employees, of all units 7
in the Executive, Judicial, and Legislative branches of State government, including any 8
unit with an independent personnel system. 9
[(b)] (C) [Military] UNIFORMED SERVICES administrative leave may be 10
provided to an employee subject to this section who: 11
(1) is on active [military] UNIFORMED SERVICES duty on July 1, 2003; or 12
(2) is activated for [military] UNIFORMED SERVICES duty on or after July 13
1, 2003. 14
[(c)] (D) (1) An employee who is eligible to receive [military] UNIFORMED 15
SERVICES administrative leave under this section is entitled to leave in an amount 16
sufficient to compensate the employee, during each pay period for which the employee is 17
eligible to receive [military] UNIFORMED SERVICES administrative leave under this 18
section, for the difference between the employee’s active duty base salary paid by the federal 19
government and the employee’s State base salary or direct wages. 20
(2) Compensation provided under this subsection may not exceed an 21
employee’s State base salary or direct wages. 22
[(d)] (E) An employee eligible to receive [military] UNIFORMED SERVICES 23
administrative leave under this section who is activated for [military] UNIFORMED 24
SERVICES duty on or after July 1, 2003, shall elect to use either [military] UNIFORMED 25
SERVICES administrative leave or paid leave as provided in [§ 9–1104(3)] § 9–1104(B)(3) 26
of this subtitle. 27
[(e)] (F) The Department shall keep a record of the use of [military] 28
UNIFORMED SERVICES administrative leave under this section. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
1, 2023. 31