MD
Maryland Senate Bill SB48

Maryland 2023 Regular Session

Maryland Senate Bill SB48 Compare Versions

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1- WES MOORE, Governor Ch. 563
21
3-– 1 –
4-Chapter 563
5-(Senate Bill 48)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0048*
89
9-Disaster Service and Uniformed Services Leave Modernization Act of 2023
10+SENATE BILL 48
11+P4, E4 3lr0514
12+ (PRE–FILED)
13+By: Senator Lam
14+Requested: October 6, 2022
15+Introduced and read first time: January 11, 2023
16+Assigned to: Education, Energy, and the Environment
17+Reassigned: Finance, January 13, 2023
18+Committee Report: Favorable with amendments
19+Senate action: Adopted
20+Read second time: February 21, 2023
1021
11-FOR the purpose of defining “local emergency manager” to clarify provisions of law relating
12-to the Cyber Preparedness Unit emergency management; adding certain State
13-employees to certain provisions of law authorizing disaster service leave with pay;
14-authorizing certain appointing authorities to waive certain requirements for disaster
15-service leave and to increase the number of days of disaster service leave under
16-certain circumstances; defining “uniformed services” for the purpose of adding
17-certain individuals to certain provisions of law relating to certain paid leave and
18-military administrative leave; and generally relating to disaster service and
19-uniformed services leave for State employees.
22+CHAPTER ______
2023
21-BY repealing and reenacting, with amendments,
22- Article – Public Safety
23-Section 14–104.1 14–101
24- Annotated Code of Maryland
25- (2022 Replacement Volume)
24+AN ACT concerning 1
2625
27-BY repealing and reenacting, with amendments,
28- Article – State Personnel and Pensions
29-Section 9–1102, 9–1104, and 9–1107
30- Annotated Code of Maryland
31- (2015 Replacement Volume and 2022 Supplement)
26+Disaster Service and Uniformed Services Leave Modernization Act of 2023 2
3227
33- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
34-That the Laws of Maryland read as follows:
28+FOR the purpose of defining “local emergency manager” to clarify provisions of law relating 3
29+to the Cyber Preparedness Unit emergency management; adding certain State 4
30+employees to certain provisions of law authorizing disaster service leave with pay; 5
31+authorizing certain appointing authorities to waive certain requirements for disaster 6
32+service leave and to increase the number of days of disaster service leave under 7
33+certain circumstances; defining “uniformed services” for the purpose of adding 8
34+certain individuals to certain provisions of law relating to certain paid leave and 9
35+military administrative leave; and generally relating to disaster service and 10
36+uniformed services leave for State employees. 11
3537
36-Article – Public Safety
38+BY repealing and reenacting, with amendments, 12
39+ Article – Public Safety 13
40+Section 14–104.1 14–101 14
41+ Annotated Code of Maryland 15
42+ (2022 Replacement Volume) 16
3743
38-14–104.1.
44+BY repealing and reenacting, with amendments, 17
45+ Article – State Personnel and Pensions 18
46+Section 9–1102, 9–1104, and 9–1107 19
47+ Annotated Code of Maryland 20
48+ (2015 Replacement Volume and 2022 Supplement) 21 2 SENATE BILL 48
3949
40- (a) (1) In this section the following words have the meanings indicated.
4150
42- (2) “LOCAL EMERGENCY MANAG ER” MEANS AN INDIVIDUAL WHOSE
43-PRIMARY DUTY OF EMPL OYMENT IS TO EXECUTE THE MISSION OF EMERG ENCY
44-MANAGEMENT .
4551
46- (3) “Local government” includes local school systems, local school boards,
47-and local health departments.
48- Ch. 563 2023 LAWS OF MARYLAND
52+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53+That the Laws of Maryland read as follows: 2
4954
50-– 2 –
51- [(3)] (4) “Unit” means the Cyber Preparedness Unit.
55+Article – Public Safety 3
5256
53- (b) (1) There is a Cyber Preparedness Unit in the Department.
57+14–104.1. 4
5458
55- (2) In coordination with the State Chief Information Security Officer, the
56-Unit shall:
59+ (a) (1) In this section the following words have the meanings indicated. 5
5760
58- (i) support local governments in developing a vulnerability
59-assessment and cyber assessment, including providing local governments with the
60-resources and information on best practices to complete the assessments;
61+ (2) “LOCAL EMERGENCY MANAG ER” MEANS AN INDIVIDUAL WHOSE 6
62+PRIMARY DUTY OF EMPL OYMENT IS TO EXECUTE THE MISSION OF EMERG ENCY 7
63+MANAGEMENT . 8
6164
62- (ii) develop and regularly update an online database of cybersecurity
63-training resources for local government personnel, including technical training resources,
64-cybersecurity continuity of operations templates, consequence management plans, and
65-trainings on malware and ransomware detection;
65+ (3) “Local government” includes local school systems, local school boards, 9
66+and local health departments. 10
6667
67- (iii) assist local governments in:
68+ [(3)] (4) “Unit” means the Cyber Preparedness Unit. 11
6869
69- 1. the development of cybersecurity preparedness an d
70-response plans;
70+ (b) (1) There is a Cyber Preparedness Unit in the Department. 12
7171
72- 2. implementing best practices and guidance developed by
73-the State Chief Information Security Officer; and
72+ (2) In coordination with the State Chief Information Security Officer, the 13
73+Unit shall: 14
7474
75- 3. identifying and acquiring resources to complete
76-appropriate cybersecurity vulnerability assessments;
75+ (i) support local governments in developing a vulnerability 15
76+assessment and cyber assessment, including providing local governments with the 16
77+resources and information on best practices to complete the assessments; 17
7778
78- (iv) connect local governments to appropriate resources for any other
79-purpose related to cybersecurity preparedness and response;
79+ (ii) develop and regularly update an online database of cybersecurity 18
80+training resources for local government personnel, including technical training resources, 19
81+cybersecurity continuity of operations templates, consequence management plans, and 20
82+trainings on malware and ransomware detection; 21
8083
81- (v) as necessary and in coordination with the National Guard, local
82-emergency managers, and other State and local entities, conduct regional cybersecurity
83-preparedness exercises; and
84+ (iii) assist local governments in: 22
8485
85- (vi) establish regional assistance groups to deliver and coordinate
86-support services to local governments, agencies, or regions.
86+ 1. the development of cybersecurity preparedness and 23
87+response plans; 24
8788
88- (3) The Unit shall support the Office of Security Management in the
89-Department of Information Technology during emergency response efforts.
89+ 2. implementing best practices and guidance developed by 25
90+the State Chief Information Security Officer; and 26
9091
91- (c) (1) Each local government shall report a cybersecurity incident, including
92-an attack on a State system being used by the local government, to the appropriate local
93-emergency manager and the State Security Operations Center in the Department of
94-Information Technology and to the Maryland Joint Operations Center in the Department
95-in accordance with paragraph (2) of this subsection.
96- WES MOORE, Governor Ch. 563
92+ 3. identifying and acquiring resources to comp lete 27
93+appropriate cybersecurity vulnerability assessments; 28
9794
98-– 3 –
99- (2) For the reporting of cybersecurity incidents under paragraph (1) of this
100-subsection, the State Chief Information Security Officer shall determine:
95+ (iv) connect local governments to appropriate resources for any other 29
96+purpose related to cybersecurity preparedness and response; 30
97+ SENATE BILL 48 3
10198
102- (i) the criteria for determining when an incident must be reported;
10399
104- (ii) the manner in which to report; and
100+ (v) as necessary and in coordination with the National Guard, local 1
101+emergency managers, and other State and local entities, conduct regional cybersecurity 2
102+preparedness exercises; and 3
105103
106- (iii) the time period within which a report must be made.
104+ (vi) establish regional assistance groups to deliver and coordinate 4
105+support services to local governments, agencies, or regions. 5
107106
108- (3) The State Security Operations Center shall immediately notify
109-appropriate agencies of a cybersecurity incident reported under this subsection through the
110-State Security Operations Center.
107+ (3) The Unit shall support the Office of Security Management in the 6
108+Department of Information Technology during emergency response efforts. 7
111109
112- (d) (1) Five Position Identification Numbers (PINs) shall be created for the
113-purpose of hiring staff to conduct the duties of the Maryland Department of Emergency
114-Management Cybersecurity Preparedness Unit.
110+ (c) (1) Each local government shall report a cybersecurity incident, including 8
111+an attack on a State system being used by the local government, to the appropriate local 9
112+emergency manager and the State Security Operations Center in the Department of 10
113+Information Technology and to the Maryland Joint Operations Center in the Department 11
114+in accordance with paragraph (2) of this subsection. 12
115115
116- (2) For fiscal year 2024 and each fiscal year thereafter, the Governor shall
117-include in the annual budget bill an appropriation of at least:
116+ (2) For the reporting of cybersecurity incidents under paragraph (1) of this 13
117+subsection, the State Chief Information Security Officer shall determine: 14
118118
119- (i) $220,335 for 3 PINs for Administrator III positions; and
119+ (i) the criteria for determining when an incident must be reported; 15
120120
121- (ii) $137,643 for 2 PINs for Administrator II positions.
121+ (ii) the manner in which to report; and 16
122122
123-14–101.
123+ (iii) the time period within which a report must be made. 17
124124
125- (a) In this title the following words have the meanings indicated.
125+ (3) The State Security Operations Center shall immediately notify 18
126+appropriate agencies of a cybersecurity incident reported under this subsection through the 19
127+State Security Operations Center. 20
126128
127- (b) “Department” means the Maryland Department of Emergency Management.
129+ (d) (1) Five Position Identification Numbers (PINs) shall be created for the 21
130+purpose of hiring staff to conduct the duties of the Maryland Department of Emergency 22
131+Management Cybersecurity Preparedness Unit. 23
128132
129- (c) “Emergency” means the imminent threat or occurrence of severe or
130-widespread loss of life, injury, or other health impacts, property damage or destruction,
131-social or economic disruption, or environmental degradation from natural, technological, or
132-human–made causes.
133+ (2) For fiscal year 2024 and each fiscal year thereafter, the Governor shall 24
134+include in the annual budget bill an appropriation of at least: 25
133135
134- (d) (1) “Emergency management” means the planning, implementing, and
135-conducting of risk reduction and consequence management activities across the mission
136-areas of prevention, protection, mitigation, response, and recovery to enhance
137-preparedness, save lives, preserve public health and safety, protect public and private
138-property, and minimize or repair injury and damage that results or may result from
139-emergencies.
136+ (i) $220,335 for 3 PINs for Administrator III positions; and 26
140137
141- (2) “Emergency management” does not include the preparation for and
142-carrying out of functions in an emergency for which military forces are primarily
143-responsible.
144- Ch. 563 2023 LAWS OF MARYLAND
138+ (ii) $137,643 for 2 PINs for Administrator II positions. 27
145139
146-– 4 –
147- (E) “EMERGENCY MANAGER ” MEANS AN INDIVIDUAL WHOSE PRIMARY
148-DUTY OF EMPLOYMENT I S TO EXECUTE THE MIS SION OF EMERGENCY MA NAGEMENT.
140+14–101. 28
149141
150- [(e)] (F) “Local organization for emergency management ” means an
151-organization established by a political subdivision or other local authority under § 14–109
152-of this subtitle.
142+ (a) In this title the following words have the meanings indicated. 29
153143
154- [(f)] (G) “Political subdivision” means a county or municipal corporation of the
155-State.
144+ (b) “Department” means the Maryland Department of Emergency Management. 30
145+ 4 SENATE BILL 48
156146
157- [(g)] (H) “Secretary” means the Secretary of Emergency Management.
158147
159- [(h)] (I) “Senior elected official” means:
148+ (c) “Emergency” means the imminent threat or occurrence of severe or 1
149+widespread loss of life, injury, or other health impacts, property damage or destruction, 2
150+social or economic disruption, or environmental degradation from natural, technological, or 3
151+human–made causes. 4
160152
161- (1) the mayor;
153+ (d) (1) “Emergency management” means the planning, implementing, and 5
154+conducting of risk reduction and consequence management activities across the mission 6
155+areas of prevention, protection, mitigation, response, and recovery to enhance 7
156+preparedness, save lives, preserve public health and safety, protect public and private 8
157+property, and minimize or repair injury and damage that results or may result from 9
158+emergencies. 10
162159
163- (2) the county executive;
160+ (2) “Emergency management” does not include the preparation for and 11
161+carrying out of functions in an emergency for which military forces are primarily 12
162+responsible. 13
164163
165- (3) for a county that does not have a county executive, the president of the
166-board of county commissioners or county council or other chief executive officer of the
167-county; or
164+ (E) “EMERGENCY MANAGER ” MEANS AN INDIVIDUAL WHOSE PRIMARY 14
165+DUTY OF EMPLOYMENT I S TO EXECUTE THE MIS SION OF EMERGENCY MA NAGEMENT. 15
168166
169- (4) for a municipal corporation that does not have a mayor, the burgess,
170-chairperson, or president of the municipal governing body or other chief executive officer of
171-the municipal corporation.
167+ [(e)] (F) “Local organization for emergency management ” means an 16
168+organization established by a political subdivision or other local authority under § 14–109 17
169+of this subtitle. 18
172170
173-Article – State Personnel and Pensions
171+ [(f)] (G) “Political subdivision” means a county or municipal corporation of the 19
172+State. 20
174173
175-9–1102.
174+ [(g)] (H) “Secretary” means the Secretary of Emergency Management. 21
176175
177- (a) This section applies to all employees, including temporary employees, of all
178-units in the Executive, Judicial, and Legislative branches of State government, including
179-any unit with an independent personnel system.
176+ [(h)] (I) “Senior elected official” means: 22
180177
181- (b) On request, an employee subject to this section may be entitled to disaster
182-service leave with pay if:
178+ (1) the mayor; 23
183179
184- (1) (I) the employee is certified by the American Red Cross as a disaster
185-service volunteer; and
180+ (2) the county executive; 24
186181
187- [(2)] (II) the American Red Cross requests the services of the employee
188-during a disaster that is designated at Level II or above in the regulations and procedures
189-of the National Office of the American Red Cross; OR
182+ (3) for a county that does not have a county executive, the president of the 25
183+board of county commissioners or county council or other chief executive officer of the 26
184+county; or 27
190185
191- (2) THE EMPLOYEE IS A ME MBER OF: WES MOORE, Governor Ch. 563
186+ (4) for a municipal corporation that does not have a mayor, the burgess, 28
187+chairperson, or president of the municipal governing body or other chief executive officer of 29
188+the municipal corporation. 30
192189
193-– 5 –
190+Article – State Personnel and Pensions 31
194191
195- (I) THE CIVIL AIR PATROL;
192+9–1102. 32
193+ SENATE BILL 48 5
196194
197- (II) THE UNITED STATES COAST GUARD AUXILIARY; OR
198195
199- (III) A MARYLAND VOLUNTARY OR GANIZATION ACTIVE IN A
200-DISASTER, INCLUDING:
196+ (a) This section applies to all employees, including temporary employees, of all 1
197+units in the Executive, Judicial, and Legislative branches of State government, including 2
198+any unit with an independent personnel system. 3
201199
202- 1. THE MARYLAND INCIDENT MANAGEMENT TEAM
203-MARYLAND VOLUNTARY ORGANIZATIONS ACTIVE IN DISASTER;
200+ (b) On request, an employee subject to this section may be entitled to disaster 4
201+service leave with pay if: 5
204202
205- 2. (IV) A VOLUNTEER EMERGENC Y MEDICAL SERVICES
206-DEPARTMENT ;
203+ (1) (I) the employee is certified by the American Red Cross as a disaster 6
204+service volunteer; and 7
207205
208- 3. (V) A VOLUNTEER FIRE DEP ARTMENT; OR
206+ [(2)] (II) the American Red Cross requests the services of the employee 8
207+during a disaster that is designated at Level II or above in the regulations and procedures 9
208+of the National Office of the American Red Cross; OR 10
209209
210- 4. (VI) A VOLUNTEER RESCUE COMPANY OR
211-VOLUNTEER RESCUE SQU AD; OR
210+ (2) THE EMPLOYEE IS A ME MBER OF: 11
212211
213- (VII) A COMMUNITY EMERGENCY RESPONSE TEAM.
212+ (I) THE CIVIL AIR PATROL; 12
214213
215- (c) An employee may use up to 15 days of disaster service leave in any 12–month
216-period only after obtaining approval from the employee’s appointing authority.
214+ (II) THE UNITED STATES COAST GUARD AUXILIARY; OR 13
217215
218- (D) DURING A PROLONGED OR RECURRENT DISASTER , THE EMPLOYEE ’S
219-APPOINTING AUTHORITY MAY:
216+ (III) A MARYLAND VOLUNTARY OR GANIZATION ACTIVE IN A 14
217+DISASTER, INCLUDING: 15
220218
221- (1) WAIVE THE REQUIREMEN TS UNDER SUBSECTIONS (B) AND (C) OF
222-THIS SECTION THAT AN EMPLOYEE MUST REQUES T AND OBTAIN APPROVA L BEFORE
223-THE EMPLOYEE MAY USE DISASTER SERVICE LEAVE, IF WAIVING THE REQUI REMENT
224-WOULD BE IN THE BEST INTEREST OF THE CITI ZENS OF THE STATE; AND
219+ 1. THE MARYLAND INCIDENT MANAGEMENT TEAM 16
220+MARYLAND VOLUNTARY ORGANIZATIONS ACTIVE IN DISASTER; 17
225221
226- (2) INCREASE THE NUMBER OF DAYS OF DISASTER SERVICE LEAVE
227-UNDER SUBSECTION (C) OF THIS SECTION THAT AN EMPLOYEE MAY USE , IF AN
228-INCREASE WOULD BE IN THE BEST INTEREST OF THE CITIZENS OF THE STATE.
222+ 2. (IV) A VOLUNTEER EMERGENCY MEDICAL SERVICES 18
223+DEPARTMENT ; 19
229224
230- [(d)] (E) (1) For purposes of workers’ compensation and the Maryland Tort
231-Claims Act, while an employee is using disaster service leave, the employee is deemed not
232-to be a State employee.
225+ 3. (V) A VOLUNTEER FIRE DEP ARTMENT; OR 20
233226
234- (2) THIS SUBSECTION DOES NOT APPLY TO A STATE EMPLOYEE
235-PARTICIPATING AS A M EMBER OF THE MARYLAND INCIDENT MANAGEMENT TEAM.
227+ 4. (VI) A VOLUNTEER RESCUE C OMPANY OR 21
228+VOLUNTEER RESCUE SQU AD; OR 22
236229
237-9–1104. Ch. 563 2023 LAWS OF MARYLAND
230+ (VII) A COMMUNITY EMERGENCY RESPONSE TEAM. 23
238231
239-– 6 –
232+ (c) An employee may use up to 15 days of disaster service leave in any 12–month 24
233+period only after obtaining approval from the employee’s appointing authority. 25
240234
241- (A) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED
242-IN 38 U.S.C. § 4303 AND 20 C.F.R. § 1002.5(O).
235+ (D) DURING A PROLONGED OR RECURRENT DISASTER , THE EMPLOYEE ’S 26
236+APPOINTING AUTHORITY MAY: 27
243237
244- (B) The Secretary may provide by regulation for leave with pay:
238+ (1) WAIVE THE REQUIREMEN TS UNDER SUBSECTIONS (B) AND (C) OF 28
239+THIS SECTION THAT AN EMPLOYEE MUST REQUES T AND OBTAIN APPROVA L BEFORE 29 6 SENATE BILL 48
245240
246- (1) for jury service;
247241
248- (2) to attend employee organization events approved for this purpose by
249-the Secretary;
242+THE EMPLOYEE MAY USE DISASTER SERVICE LEA VE, IF WAIVING THE REQUI REMENT 1
243+WOULD BE IN THE BEST INTEREST OF THE CITI ZENS OF THE STATE; AND 2
250244
251- (3) up to 15 days for [military] UNIFORMED SERVICES training or active
252-[military] UNIFORMED SERVICES duty in a reserve unit of the armed forces or in the
253-organized militia;
245+ (2) INCREASE THE NUMBER OF DAYS OF DISASTER SERVICE L EAVE 3
246+UNDER SUBSECTION (C) OF THIS SECTION THAT AN EMPLOYEE MAY USE , IF AN 4
247+INCREASE WOULD BE IN THE BEST INTEREST OF THE CITIZENS OF THE STATE. 5
254248
255- (4) unless the employee is a party to the action or a paid witness, to appear
256-in compliance with a subpoena:
249+ [(d)] (E) (1) For purposes of workers’ compensation and the Maryland Tort 6
250+Claims Act, while an employee is using disaster service leave, the employee is deemed not 7
251+to be a State employee. 8
257252
258- (i) in court;
253+ (2) THIS SUBSECTION DOES NOT APPLY TO A STATE EMPLOYEE 9
254+PARTICIPATING AS A M EMBER OF THE MARYLAND INCIDENT MANAGEMENT TEAM. 10
259255
260- (ii) before a grand jury;
256+9–1104. 11
261257
262- (iii) before an administrative unit; or
258+ (A) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED 12
259+IN 38 U.S.C. § 4303 AND 20 C.F.R. § 1002.5(O). 13
263260
264- (iv) for a deposition;
261+ (B) The Secretary may provide by regulation for leave with pay: 14
265262
266- (5) for administrative leave for the purpose of immediately removing an
267-employee from the work site, if the employee:
263+ (1) for jury service; 15
268264
269- (i) poses a threat to self, another individual, or State property; or
265+ (2) to attend employee organization events approved for this purpose by 16
266+the Secretary; 17
270267
271- (ii) is incapable of properly performing the employee’s duties
272-because of extraordinary circumstances; and
268+ (3) up to 15 days for [military] UNIFORMED SERVICES training or active 18
269+[military] UNIFORMED SERVICES duty in a reserve unit of the armed forces or in the 19
270+organized militia; 20
273271
274- (6) any other paid leave the Secretary deems necessary.
272+ (4) unless the employee is a party to the action or a paid witness, to appear 21
273+in compliance with a subpoena: 22
275274
276-9–1107.
275+ (i) in court; 23
277276
278- (a) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED
279-IN 38 U.S.C. § 4303 AND 20 C.F.R. § 1002.5(O).
277+ (ii) before a grand jury; 24
280278
281- (B) This section applies to all employees, except temporary employees, of all units
282-in the Executive, Judicial, and Legislative branches of State government, including any
283-unit with an independent personnel system.
284- WES MOORE, Governor Ch. 563
279+ (iii) before an administrative unit; or 25
285280
286-– 7 –
287- [(b)] (C) [Military] UNIFORMED SERVICES administrative leave may be
288-provided to an employee subject to this section who:
281+ (iv) for a deposition; 26
289282
290- (1) is on active [military] UNIFORMED SERVICES duty on July 1, 2003; or
283+ (5) for administrative leave for the purpose of immediately removing an 27
284+employee from the work site, if the employee: 28
291285
292- (2) is activated for [military] UNIFORMED SERVICES duty on or after July
293-1, 2003.
286+ (i) poses a threat to self, another individual, or State property; or 29
287+ SENATE BILL 48 7
294288
295- [(c)] (D) (1) An employee who is eligible to receive [military] UNIFORMED
296-SERVICES administrative leave under this section is entitled to leave in an amount
297-sufficient to compensate the employee, during each pay period for which the employee is
298-eligible to receive [military] UNIFORMED SERVICES administrative leave under this
299-section, for the difference between the employee’s active duty base salary paid by the federal
300-government and the employee’s State base salary or direct wages.
301289
302- (2) Compensation provided under this subsection may not exceed an
303-employee’s State base salary or direct wages.
290+ (ii) is incapable of properly performing the employee’s duties 1
291+because of extraordinary circumstances; and 2
304292
305- [(d)] (E) An employee eligible to receive [military] UNIFORMED SERVICES
306-administrative leave under this section who is activated for [military] UNIFORMED
307-SERVICES duty on or after July 1, 2003, shall elect to use either [military] UNIFORMED
308-SERVICES administrative leave or paid leave as provided in [§ 9–1104(3)] § 9–1104(B)(3)
309-of this subtitle.
293+ (6) any other paid leave the Secretary deems necessary. 3
310294
311- [(e)] (F) The Department shall keep a record of the use of [military]
312-UNIFORMED SERVICES administrative leave under this section.
295+9–1107. 4
313296
314- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
315-1, 2023.
297+ (a) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED 5
298+IN 38 U.S.C. § 4303 AND 20 C.F.R. § 1002.5(O). 6
316299
317-Approved by the Governor, May 8, 2023.
300+ (B) This section applies to all employees, except temporary employees, of all units 7
301+in the Executive, Judicial, and Legislative branches of State government, including any 8
302+unit with an independent personnel system. 9
303+
304+ [(b)] (C) [Military] UNIFORMED SERVICES administrative leave may be 10
305+provided to an employee subject to this section who: 11
306+
307+ (1) is on active [military] UNIFORMED SERVICES duty on July 1, 2003; or 12
308+
309+ (2) is activated for [military] UNIFORMED SERVICES duty on or after July 13
310+1, 2003. 14
311+
312+ [(c)] (D) (1) An employee who is eligible to receive [military] UNIFORMED 15
313+SERVICES administrative leave under this section is entitled to leave in an amount 16
314+sufficient to compensate the employee, during each pay period for which the employee is 17
315+eligible to receive [military] UNIFORMED SERVICES administrative leave under this 18
316+section, for the difference between the employee’s active duty base salary paid by the federal 19
317+government and the employee’s State base salary or direct wages. 20
318+
319+ (2) Compensation provided under this subsection may not exceed an 21
320+employee’s State base salary or direct wages. 22
321+
322+ [(d)] (E) An employee eligible to receive [military] UNIFORMED SERVICES 23
323+administrative leave under this section who is activated for [military] UNIFORMED 24
324+SERVICES duty on or after July 1, 2003, shall elect to use either [military] UNIFORMED 25
325+SERVICES administrative leave or paid leave as provided in [§ 9–1104(3)] § 9–1104(B)(3) 26
326+of this subtitle. 27
327+
328+ [(e)] (F) The Department shall keep a record of the use of [military] 28
329+UNIFORMED SERVICES administrative leave under this section. 29
330+
331+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
332+1, 2023. 31
333+