WES MOORE, Governor Ch. 27
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Chapter 27
(House Bill 1026)
AN ACT concerning
Armed Forces – Support of Military Families and Addition of Space Force
FOR the purpose of adding the Space Force to certain provisions of law related to the armed
forces; authorizing military spouses and residents of the State who are members of
the National Guard of another state or a reserve component of the armed forces to
terminate certain contracts at any time after the date the service member receives
certain military orders to relocate; adding the Space Force and members of the
National Guard of any other state to the definition of a “military–connected student”
for purposes of the Purple Star Schools Program; authorizing the Governor to award
certain commissions, appointments, or promotions posthumously; and generally
relating to the armed forces.
BY repealing and reenacting, with amendments,
Article – Business Regulation
Section 19–501
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 7–129(a)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Family Law
Section 9–108(a)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 13–510, 13–601, 13–704.1, 13–901(b), 13–902(a), 13–904, 13A–101(k), and
13A–506(c)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Public Safety
Section 13A–101(a)
Annotated Code of Maryland Ch. 27 2024 LAWS OF MARYLAND
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(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Business Regulation
19–501.
In this subtitle, “soldier” means:
(1) an active duty member of the armed forces of the United States,
including the Army, Marine Corps, Navy, Air Force, SPACE FORCE, Coast Guard,
National Guard, Reserve forces, and any other standard United States military agency; or
(2) a federal active duty member of the State National Guard or Reserve
force.
Article – Education
7–129.
(a) (1) In this section the following words have the meanings indicated.
(2) “Military–connected student” means a student who is a dependent of:
(i) A current member of:
1. The United States military serving in the Army, Navy, Air
Force, Marine Corps, SPACE FORCE, or Coast Guard on active duty;
2. The Maryland National Guard OR THE NATIONAL
GUARD OF ANY OTHER ST ATE; or
3. A reserve force of the United States military; or
(ii) A member of a military or reserve force described in item (i) of
this paragraph who was killed in the line of duty.
(3) “Program” means the Purple Star Schools Program.
Article – Family Law
9–108.
(a) In this section: WES MOORE, Governor Ch. 27
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(1) “deployment” means compliance with military orders received by a
member of the United States Army, Navy, Air Force, Marine Corps, SPACE FORCE, Coast
Guard, National Guard, or any other Reserve component to report for combat operations or
other active service for which the member is required to report unaccompanied by any
family member or that is classified by the member’s branch as remote; and
(2) “deployment” does not include National Guard or Reserve annual
training, inactive duty days, or drill weekends.
Article – Public Safety
13–510.
(a) (1) The Governor shall appoint and commission each commissioned officer
or appoint each warrant officer of the organized militia on recommendation of the Adjutant
General.
(2) The appointments under paragraph (1) of this subsection do not require
confirmation by the Senate of Maryland.
(b) (1) Each individual commissioned or appointed as an officer or warrant
officer shall be:
(i) an officer, warrant officer, or enlisted individual of the National
Guard;
(ii) a retired or former officer or warrant officer of the United States
Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard or any auxiliary
thereof;
(iii) an individual with prior enlisted service in the United States
Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard, or any auxiliary
thereof;
(iv) a graduate of the United States Military Academy, Naval
Academy, Coast Guard Academy, Merchant Marine Academy, or Air Force Academy;
(v) a graduate of a school, college, university, or officers’ training
school who received military instruction under the supervision of an officer of the United
States Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard who certified
the graduate’s fitness for appointment as a commissioned officer; or
(vi) an individual not otherwise identified in items (i) through (v) of
this paragraph who is specially qualified for service by achievement in any professional, Ch. 27 2024 LAWS OF MARYLAND
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technical, or public service capacity or otherwise displays extraordinary qualifications for
commissioning as an officer of the Maryland Defense Force.
(2) Before EXCEPT FOR A COMMISSI ON, AN APPOINTMENT , OR A
PROMOTION AWARDED UN DER SUBSECTION (F) OF THIS SECTION , BEFORE taking
office, each member of the National Guard shall take the oath prescribed in § 13–407 of
this title and each member of the Maryland Defense Force shall take the oath prescribed
in § 13–509 of this subtitle.
(c) When initially appointed, a general officer or colonel of the organized militia
must:
(1) be an officer in the National Guard of a grade of O–4 or higher; or
(2) have served in any component or auxiliary of the United States Army,
Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard or National Guard with
the grade of O–4 or higher.
(d) When initially appointed, a lieutenant–colonel or major of the line must have
had service as an officer for at least 2 years in any component or auxiliary of the United
States Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard or National
Guard.
(e) Subsections (c) and (d) of this section do not apply in the case of:
(1) officers promoted to the grade of major or above from within the
Maryland Defense Force; or
(2) officers qualified under subsection (b)(1)(vi) of this section.
(F) THE GOVERNOR MAY AWARD A COMMISSION, AN APPOINTMENT , OR A
PROMOTION UNDER THIS SECTION POSTHUMOUSLY .
13–601.
(a) (1) On the recommendation of the Adjutant General, the Governor may
grant to an officer of the organized militia a brevet commission of the next higher grade
than the regular commission held by the officer.
(2) The Governor may grant a brevet commission to an officer of the
organized militia of a grade equal to the highest grade in which the officer previously served
in the organized militia or in the United States Army, Navy, Marine Corps, Air Force,
SPACE FORCE, or Coast Guard.
WES MOORE, Governor Ch. 27
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(b) A brevet commission carries only the rights or privileges that are allowed in
like cases in the military service of the United States.
13–704.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “Military service” means:
(i) in the case of a service member who is a member or reserve
member of the Army, Navy, Air Force, Marine Corps, SPACE FORCE, or Coast Guard,
full–time duty in the active military service of the United States, including:
1. full–time training duty;
2. annual training duty; and
3. attendance while at a school designated as a service school
by federal law or by the secretary of the military department concerned;
(ii) in the case of A RESIDENT OF THE STATE WHO IS a member or
reserve member of the Maryland National Guard, THE NATIONAL GUARD OF ANOTHER
STATE, OR A RESERVE COMPONENT OF THE ARMED FORCES , service under a call to:
1. active service authorized by the President of the United
States or the Secretary of Defense for a period of more than 30 days in response to a national
emergency declared by the President of the United States; or
2. active duty for a period of more than 30 consecutive days;
(iii) in the case of a service member who is a commissioned officer of
the Public Health Service or the National Oceanic and Atmospheric Administration, active
service; or
(iv) any period during which a service member is absent from duty
on account of sickness, wounds, leave, or other lawful cause.
(3) “MILITARY SPOUSE” MEANS THE SPOUSE OF A SERVICE MEMBER .
(4) “Service member” means an individual engaged in military service.
(b) This section is intended to supplement rights and protections provided in the
federal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).
(c) (1) In addition to the rights and protections regarding consumer
transactions, contracts, and service providers included in Title III of the federal Ch. 27 2024 LAWS OF MARYLAND
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Servicemembers Civil Relief Act (50 U.S.C. App. 531 through 538), a service member OR
MILITARY SPOUSE may terminate a contract described in paragraph (2) of this subsection
at any time after the date the service member receives military orders to relocate for a
period of military service of at least 90 days to a location where the service member would
be unable to use the services under the contract.
(2) This section applies to a contract to provide any of the following:
(i) telecommunication services;
(ii) Internet services;
(iii) television services;
(iv) athletic club or gym memberships; and
(v) satellite radio services.
(3) (i) A service member OR MILITARY SPOUSE may terminate a
contract under this section by delivering a written or electronic notice of the termination
and a copy of the service member’s military orders to the service provider.
(ii) If a service member OR MILITARY SPOUSE terminates a
contract, the service provider shall provide the service member OR MILITARY SPOUSE with
a written or electronic notice of the service member’s rights posted on the Maryland
National Guard’s Internet website.
(d) (1) [A] IF A service member [who] OR MILITARY SPOUSE terminates or
suspends the provision of services under this section and [who] THE SERVICE MEMBER is
no longer in active military service, THE SERVICE MEMBER O R MILITARY SPOUSE may
reinstate the provision of service on the same terms and conditions as originally agreed to
with the service provider before the termination or suspension on written notice to the
provider that the service member is no longer in active military service.
(2) Written notice under this subsection shall be given within 90 days after
termination of the service member’s active military service.
(e) A service member OR MILITARY SPOUSE who terminates, suspends, or
reinstates the provision of services under this section:
(1) may not be charged a penalty, fee, loss of deposit, or any other
additional cost because of the termination, suspension, or reinstatement; and
(2) is not liable for payment for any services after the effective date of the
termination or suspension, until the effective date of any reinstatement of services. WES MOORE, Governor Ch. 27
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13–901.
(b) Without authority under the laws of the United States or this State, a person
may not wear a uniform or distinctive part of a uniform or an item similar to a uniform or
a distinctive part of a uniform of:
(1) the United States Army, Navy, Air Force, Marine Corps, SPACE
FORCE, or Coast Guard; or
(2) the National Guard of this State, another state, or the United States;
(3) the Maryland Defense Force; or
(4) an auxiliary of any of the military units listed in this subsection.
13–902.
(a) This section does not apply to a member of the United States Army, Navy, Air
Force, Marines, SPACE FORCE, or Coast Guard, the organized militia of this State or
another state, an officer of the Maryland Defense Force, or a member of associations wholly
composed of soldiers honorably discharged from the armed forces of the United States.
13–904.
(a) A person who is the owner or who is an agent of the owner of a place of
amusement or recreation open to the public may not refuse admission to an officer or
enlisted individual of the United States Army, Navy, Marine Corps, Coast Guard, SPACE
FORCE, or Air Force or the organized militia of this State or of another state because the
officer or enlisted individual is in uniform.
(b) A person who violates this section is guilty of a misdemeanor and on conviction
is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.
13A–101.
(a) In this title, unless the context otherwise requires, the following words have
the meanings indicated.
(k) “Judge advocate” means a commissioned officer of the organized state military
forces who is a member in good standing of the bar of the highest court of a state:
(1) (i) certified or designated as a judge advocate in the Judge Advocate
General’s Corps of the Army, Air Force, Navy, SPACE FORCE, or the Marine Corps or
designated as a law specialist as an officer of the Coast Guard, or a reserve component of
one of these; or Ch. 27 2024 LAWS OF MARYLAND
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(ii) certified as a non–federally recognized judge advocate, under
regulations adopted pursuant to this provision, by the senior judge advocate of the
commander of the force in the State military forces of which the accused is a member, as
competent to perform such military justice duties required by this code; or
(2) if no judge advocate certified under item (1) of this subsection is
available, certified by a senior judge advocate of the commander of another force in the
State military forces, as the convening authority directs.
13A–506.
(c) In the instance when a defense counsel is not a member of the bar of the
highest court of the state, the defense counsel shall be deemed admitted pro hac vice,
subject to filing a certificate with the military judge setting forth the qualifications that
counsel is:
(1) (i) a commissioned officer of the armed forces of the United States
or a component thereof;
(ii) a member in good standing of the bar of the highest court of a
state; and
(iii) certified as a judge advocate in the Judge Advocate General’s
Corps of the Army, Air Force, Navy, SPACE FORCE, or Marine Corps; or
(2) a judge advocate as defined in § 13A–101 of this title.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, April 9, 2024.