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Chapter 563
(Senate Bill 48)
AN ACT concerning
Disaster Service and Uniformed Services Leave Modernization Act of 2023
FOR the purpose of defining “local emergency manager” to clarify provisions of law relating
to the Cyber Preparedness Unit emergency management; adding certain State
employees to certain provisions of law authorizing disaster service leave with pay;
authorizing certain appointing authorities to waive certain requirements for disaster
service leave and to increase the number of days of disaster service leave under
certain circumstances; defining “uniformed services” for the purpose of adding
certain individuals to certain provisions of law relating to certain paid leave and
military administrative leave; and generally relating to disaster service and
uniformed services leave for State employees.
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 14–104.1 14–101
Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 9–1102, 9–1104, and 9–1107
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Safety
14–104.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “LOCAL EMERGENCY MANAG ER” MEANS AN INDIVIDUAL WHOSE
PRIMARY DUTY OF EMPL OYMENT IS TO EXECUTE THE MISSION OF EMERG ENCY
MANAGEMENT .
(3) “Local government” includes local school systems, local school boards,
and local health departments.
Ch. 563 2023 LAWS OF MARYLAND
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[(3)] (4) “Unit” means the Cyber Preparedness Unit.
(b) (1) There is a Cyber Preparedness Unit in the Department.
(2) In coordination with the State Chief Information Security Officer, the
Unit shall:
(i) support local governments in developing a vulnerability
assessment and cyber assessment, including providing local governments with the
resources and information on best practices to complete the assessments;
(ii) develop and regularly update an online database of cybersecurity
training resources for local government personnel, including technical training resources,
cybersecurity continuity of operations templates, consequence management plans, and
trainings on malware and ransomware detection;
(iii) assist local governments in:
1. the development of cybersecurity preparedness an d
response plans;
2. implementing best practices and guidance developed by
the State Chief Information Security Officer; and
3. identifying and acquiring resources to complete
appropriate cybersecurity vulnerability assessments;
(iv) connect local governments to appropriate resources for any other
purpose related to cybersecurity preparedness and response;
(v) as necessary and in coordination with the National Guard, local
emergency managers, and other State and local entities, conduct regional cybersecurity
preparedness exercises; and
(vi) establish regional assistance groups to deliver and coordinate
support services to local governments, agencies, or regions.
(3) The Unit shall support the Office of Security Management in the
Department of Information Technology during emergency response efforts.
(c) (1) Each local government shall report a cybersecurity incident, including
an attack on a State system being used by the local government, to the appropriate local
emergency manager and the State Security Operations Center in the Department of
Information Technology and to the Maryland Joint Operations Center in the Department
in accordance with paragraph (2) of this subsection.
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(2) For the reporting of cybersecurity incidents under paragraph (1) of this
subsection, the State Chief Information Security Officer shall determine:
(i) the criteria for determining when an incident must be reported;
(ii) the manner in which to report; and
(iii) the time period within which a report must be made.
(3) The State Security Operations Center shall immediately notify
appropriate agencies of a cybersecurity incident reported under this subsection through the
State Security Operations Center.
(d) (1) Five Position Identification Numbers (PINs) shall be created for the
purpose of hiring staff to conduct the duties of the Maryland Department of Emergency
Management Cybersecurity Preparedness Unit.
(2) For fiscal year 2024 and each fiscal year thereafter, the Governor shall
include in the annual budget bill an appropriation of at least:
(i) $220,335 for 3 PINs for Administrator III positions; and
(ii) $137,643 for 2 PINs for Administrator II positions.
14–101.
(a) In this title the following words have the meanings indicated.
(b) “Department” means the Maryland Department of Emergency Management.
(c) “Emergency” means the imminent threat or occurrence of severe or
widespread loss of life, injury, or other health impacts, property damage or destruction,
social or economic disruption, or environmental degradation from natural, technological, or
human–made causes.
(d) (1) “Emergency management” means the planning, implementing, and
conducting of risk reduction and consequence management activities across the mission
areas of prevention, protection, mitigation, response, and recovery to enhance
preparedness, save lives, preserve public health and safety, protect public and private
property, and minimize or repair injury and damage that results or may result from
emergencies.
(2) “Emergency management” does not include the preparation for and
carrying out of functions in an emergency for which military forces are primarily
responsible.
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(E) “EMERGENCY MANAGER ” MEANS AN INDIVIDUAL WHOSE PRIMARY
DUTY OF EMPLOYMENT I S TO EXECUTE THE MIS SION OF EMERGENCY MA NAGEMENT.
[(e)] (F) “Local organization for emergency management ” means an
organization established by a political subdivision or other local authority under § 14–109
of this subtitle.
[(f)] (G) “Political subdivision” means a county or municipal corporation of the
State.
[(g)] (H) “Secretary” means the Secretary of Emergency Management.
[(h)] (I) “Senior elected official” means:
(1) the mayor;
(2) the county executive;
(3) for a county that does not have a county executive, the president of the
board of county commissioners or county council or other chief executive officer of the
county; or
(4) for a municipal corporation that does not have a mayor, the burgess,
chairperson, or president of the municipal governing body or other chief executive officer of
the municipal corporation.
Article – State Personnel and Pensions
9–1102.
(a) This section applies to all employees, including temporary employees, of all
units in the Executive, Judicial, and Legislative branches of State government, including
any unit with an independent personnel system.
(b) On request, an employee subject to this section may be entitled to disaster
service leave with pay if:
(1) (I) the employee is certified by the American Red Cross as a disaster
service volunteer; and
[(2)] (II) the American Red Cross requests the services of the employee
during a disaster that is designated at Level II or above in the regulations and procedures
of the National Office of the American Red Cross; OR
(2) THE EMPLOYEE IS A ME MBER OF: WES MOORE, Governor Ch. 563
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(I) THE CIVIL AIR PATROL;
(II) THE UNITED STATES COAST GUARD AUXILIARY; OR
(III) A MARYLAND VOLUNTARY OR GANIZATION ACTIVE IN A
DISASTER, INCLUDING:
1. THE MARYLAND INCIDENT MANAGEMENT TEAM
MARYLAND VOLUNTARY ORGANIZATIONS ACTIVE IN DISASTER;
2. (IV) A VOLUNTEER EMERGENC Y MEDICAL SERVICES
DEPARTMENT ;
3. (V) A VOLUNTEER FIRE DEP ARTMENT; OR
4. (VI) A VOLUNTEER RESCUE COMPANY OR
VOLUNTEER RESCUE SQU AD; OR
(VII) A COMMUNITY EMERGENCY RESPONSE TEAM.
(c) An employee may use up to 15 days of disaster service leave in any 12–month
period only after obtaining approval from the employee’s appointing authority.
(D) DURING A PROLONGED OR RECURRENT DISASTER , THE EMPLOYEE ’S
APPOINTING AUTHORITY MAY:
(1) WAIVE THE REQUIREMEN TS UNDER SUBSECTIONS (B) AND (C) OF
THIS SECTION THAT AN EMPLOYEE MUST REQUES T AND OBTAIN APPROVA L BEFORE
THE EMPLOYEE MAY USE DISASTER SERVICE LEAVE, IF WAIVING THE REQUI REMENT
WOULD BE IN THE BEST INTEREST OF THE CITI ZENS OF THE STATE; AND
(2) INCREASE THE NUMBER OF DAYS OF DISASTER SERVICE LEAVE
UNDER SUBSECTION (C) OF THIS SECTION THAT AN EMPLOYEE MAY USE , IF AN
INCREASE WOULD BE IN THE BEST INTEREST OF THE CITIZENS OF THE STATE.
[(d)] (E) (1) For purposes of workers’ compensation and the Maryland Tort
Claims Act, while an employee is using disaster service leave, the employee is deemed not
to be a State employee.
(2) THIS SUBSECTION DOES NOT APPLY TO A STATE EMPLOYEE
PARTICIPATING AS A M EMBER OF THE MARYLAND INCIDENT MANAGEMENT TEAM.
9–1104. Ch. 563 2023 LAWS OF MARYLAND
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(A) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED
IN 38 U.S.C. § 4303 AND 20 C.F.R. § 1002.5(O).
(B) The Secretary may provide by regulation for leave with pay:
(1) for jury service;
(2) to attend employee organization events approved for this purpose by
the Secretary;
(3) up to 15 days for [military] UNIFORMED SERVICES training or active
[military] UNIFORMED SERVICES duty in a reserve unit of the armed forces or in the
organized militia;
(4) unless the employee is a party to the action or a paid witness, to appear
in compliance with a subpoena:
(i) in court;
(ii) before a grand jury;
(iii) before an administrative unit; or
(iv) for a deposition;
(5) for administrative leave for the purpose of immediately removing an
employee from the work site, if the employee:
(i) poses a threat to self, another individual, or State property; or
(ii) is incapable of properly performing the employee’s duties
because of extraordinary circumstances; and
(6) any other paid leave the Secretary deems necessary.
9–1107.
(a) IN THIS SECTION, “UNIFORMED SERVICES ” HAS THE MEANING STAT ED
IN 38 U.S.C. § 4303 AND 20 C.F.R. § 1002.5(O).
(B) This section applies to all employees, except temporary employees, of all units
in the Executive, Judicial, and Legislative branches of State government, including any
unit with an independent personnel system.
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[(b)] (C) [Military] UNIFORMED SERVICES administrative leave may be
provided to an employee subject to this section who:
(1) is on active [military] UNIFORMED SERVICES duty on July 1, 2003; or
(2) is activated for [military] UNIFORMED SERVICES duty on or after July
1, 2003.
[(c)] (D) (1) An employee who is eligible to receive [military] UNIFORMED
SERVICES administrative leave under this section is entitled to leave in an amount
sufficient to compensate the employee, during each pay period for which the employee is
eligible to receive [military] UNIFORMED SERVICES administrative leave under this
section, for the difference between the employee’s active duty base salary paid by the federal
government and the employee’s State base salary or direct wages.
(2) Compensation provided under this subsection may not exceed an
employee’s State base salary or direct wages.
[(d)] (E) An employee eligible to receive [military] UNIFORMED SERVICES
administrative leave under this section who is activated for [military] UNIFORMED
SERVICES duty on or after July 1, 2003, shall elect to use either [military] UNIFORMED
SERVICES administrative leave or paid leave as provided in [§ 9–1104(3)] § 9–1104(B)(3)
of this subtitle.
[(e)] (F) The Department shall keep a record of the use of [military]
UNIFORMED SERVICES administrative leave under this section.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Approved by the Governor, May 8, 2023.