Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 27 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 27 | |
5 | - | (House Bill 1026) | |
6 | 2 | ||
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 | + | *hb1026* | |
8 | 9 | ||
9 | - | Armed Forces – Support of Military Families and Addition of Space Force | |
10 | + | HOUSE BILL 1026 | |
11 | + | E4, F1, D4 4lr2249 | |
12 | + | CF SB 707 | |
13 | + | By: Delegates Patterson, Rogers, Acevero, Attar, Bagnall, Buckel, Crosby, | |
14 | + | Crutchfield, Fair, Fennell, Griffith, Hartman, Holmes, Hornberger, Kaiser, | |
15 | + | McComas, Pasteur, Toles, White Holland, Williams, Wilson, and Young | |
16 | + | Young, Alston, Bhandari, Chisholm, Cullison, Guzzone, Hill, Hutchinson, | |
17 | + | S. Johnson, Kerr, Kipke, R. Lewis, Martinez, M. Morgan, Pena–Melnyk, | |
18 | + | Reilly, Rosenberg, Szeliga, Taveras, and Woods | |
19 | + | Introduced and read first time: February 5, 2024 | |
20 | + | Assigned to: Health and Government Operations | |
21 | + | Committee Report: Favorable with amendments | |
22 | + | House action: Adopted | |
23 | + | Read second time: March 6, 2024 | |
10 | 24 | ||
11 | - | FOR the purpose of adding the Space Force to certain provisions of law related to the armed | |
12 | - | forces; authorizing military spouses and residents of the State who are members of | |
13 | - | the National Guard of another state or a reserve component of the armed forces to | |
14 | - | terminate certain contracts at any time after the date the service member receives | |
15 | - | certain military orders to relocate; adding the Space Force and members of the | |
16 | - | National Guard of any other state to the definition of a “military–connected student” | |
17 | - | for purposes of the Purple Star Schools Program; authorizing the Governor to award | |
18 | - | certain commissions, appointments, or promotions posthumously; and generally | |
19 | - | relating to the armed forces. | |
25 | + | CHAPTER ______ | |
20 | 26 | ||
21 | - | BY repealing and reenacting, with amendments, | |
22 | - | Article – Business Regulation | |
23 | - | Section 19–501 | |
24 | - | Annotated Code of Maryland | |
25 | - | (2015 Replacement Volume and 2023 Supplement) | |
27 | + | AN ACT concerning 1 | |
26 | 28 | ||
27 | - | BY repealing and reenacting, with amendments, | |
28 | - | Article – Education | |
29 | - | Section 7–129(a) | |
30 | - | Annotated Code of Maryland | |
31 | - | (2022 Replacement Volume and 2023 Supplement) | |
29 | + | Armed Forces – Support of Military Families and Addition of Space Force 2 | |
32 | 30 | ||
33 | - | BY repealing and reenacting, with amendments, | |
34 | - | Article – Family Law | |
35 | - | Section 9–108(a) | |
36 | - | Annotated Code of Maryland | |
37 | - | (2019 Replacement Volume and 2023 Supplement) | |
31 | + | FOR the purpose of adding the Space Force to certain provisions of law related to the armed 3 | |
32 | + | forces; authorizing military spouses and residents of the State who are members of 4 | |
33 | + | the National Guard of another state or a reserve component of the armed forces to 5 | |
34 | + | terminate certain contracts at any time after the date the service member receives 6 | |
35 | + | certain military orders to relocate; adding the Space Force and members of the 7 | |
36 | + | National Guard of any other state to the definition of a “military–connected student” 8 | |
37 | + | for purposes of the Purple Star Schools Program; authorizing the Governor to award 9 | |
38 | + | certain commissions, appointments, or promotions posthumously; and generally 10 | |
39 | + | relating to the armed forces. 11 | |
38 | 40 | ||
39 | - | BY repealing and reenacting, with amendments, | |
40 | - | Article – Public Safety | |
41 | - | Section 13–510, 13–601, 13–704.1, 13–901(b), 13–902(a), 13–904, 13A–101(k), and | |
42 | - | 13A–506(c) | |
43 | - | Annotated Code of Maryland | |
44 | - | (2022 Replacement Volume and 2023 Supplement) | |
41 | + | BY repealing and reenacting, with amendments, 12 | |
42 | + | Article – Business Regulation 13 | |
43 | + | Section 19–501 14 | |
44 | + | Annotated Code of Maryland 15 | |
45 | + | (2015 Replacement Volume and 2023 Supplement) 16 | |
45 | 46 | ||
46 | - | BY repealing and reenacting, without amendments, | |
47 | - | Article – Public Safety | |
48 | - | Section 13A–101(a) | |
49 | - | Annotated Code of Maryland Ch. 27 2024 LAWS OF MARYLAND | |
47 | + | BY repealing and reenacting, with amendments, 17 | |
48 | + | Article – Education 18 2 HOUSE BILL 1026 | |
50 | 49 | ||
51 | - | – 2 – | |
52 | - | (2022 Replacement Volume and 2023 Supplement) | |
53 | 50 | ||
54 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
55 | - | That the Laws of Maryland read as follows: | |
51 | + | Section 7–129(a) 1 | |
52 | + | Annotated Code of Maryland 2 | |
53 | + | (2022 Replacement Volume and 2023 Supplement) 3 | |
56 | 54 | ||
57 | - | Article – Business Regulation | |
55 | + | BY repealing and reenacting, with amendments, 4 | |
56 | + | Article – Family Law 5 | |
57 | + | Section 9–108(a) 6 | |
58 | + | Annotated Code of Maryland 7 | |
59 | + | (2019 Replacement Volume and 2023 Supplement) 8 | |
58 | 60 | ||
59 | - | 19–501. | |
61 | + | BY repealing and reenacting, with amendments, 9 | |
62 | + | Article – Public Safety 10 | |
63 | + | Section 13–510, 13–601, 13–704.1, 13–901(b), 13–902(a), 13–904, 13A–101(k), and 11 | |
64 | + | 13A–506(c) 12 | |
65 | + | Annotated Code of Maryland 13 | |
66 | + | (2022 Replacement Volume and 2023 Supplement) 14 | |
60 | 67 | ||
61 | - | In this subtitle, “soldier” means: | |
68 | + | BY repealing and reenacting, without amendments, 15 | |
69 | + | Article – Public Safety 16 | |
70 | + | Section 13A–101(a) 17 | |
71 | + | Annotated Code of Maryland 18 | |
72 | + | (2022 Replacement Volume and 2023 Supplement) 19 | |
62 | 73 | ||
63 | - | (1) an active duty member of the armed forces of the United States, | |
64 | - | including the Army, Marine Corps, Navy, Air Force, SPACE FORCE, Coast Guard, | |
65 | - | National Guard, Reserve forces, and any other standard United States military agency; or | |
74 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
75 | + | That the Laws of Maryland read as follows: 21 | |
66 | 76 | ||
67 | - | (2) a federal active duty member of the State National Guard or Reserve | |
68 | - | force. | |
77 | + | Article – Business Regulation 22 | |
69 | 78 | ||
70 | - | ||
79 | + | 19–501. 23 | |
71 | 80 | ||
72 | - | ||
81 | + | In this subtitle, “soldier” means: 24 | |
73 | 82 | ||
74 | - | (a) (1) In this section the following words have the meanings indicated. | |
83 | + | (1) an active duty member of the armed forces of the United States, 25 | |
84 | + | including the Army, Marine Corps, Navy, Air Force, SPACE FORCE, Coast Guard, 26 | |
85 | + | National Guard, Reserve forces, and any other standard United States military agency; or 27 | |
75 | 86 | ||
76 | - | (2) “Military–connected student” means a student who is a dependent of: | |
87 | + | (2) a federal active duty member of the State National Guard or Reserve 28 | |
88 | + | force. 29 | |
77 | 89 | ||
78 | - | ||
90 | + | Article – Education 30 | |
79 | 91 | ||
80 | - | 1. The United States military serving in the Army, Navy, Air | |
81 | - | Force, Marine Corps, SPACE FORCE, or Coast Guard on active duty; | |
92 | + | 7–129. 31 | |
82 | 93 | ||
83 | - | 2. The Maryland National Guard OR THE NATIONAL | |
84 | - | GUARD OF ANY OTHER ST ATE; or | |
94 | + | (a) (1) In this section the following words have the meanings indicated. 32 | |
85 | 95 | ||
86 | - | 3. A reserve force of the United States military; or | |
96 | + | (2) “Military–connected student” means a student who is a dependent of: 33 | |
97 | + | HOUSE BILL 1026 3 | |
87 | 98 | ||
88 | - | (ii) A member of a military or reserve force described in item (i) of | |
89 | - | this paragraph who was killed in the line of duty. | |
90 | 99 | ||
91 | - | ( | |
100 | + | (i) A current member of: 1 | |
92 | 101 | ||
93 | - | Article – Family Law | |
102 | + | 1. The United States military serving in the Army, Navy, Air 2 | |
103 | + | Force, Marine Corps, SPACE FORCE, or Coast Guard on active duty; 3 | |
94 | 104 | ||
95 | - | 9–108. | |
105 | + | 2. The Maryland National Guard OR THE NATIONAL 4 | |
106 | + | GUARD OF ANY OTHER ST ATE; or 5 | |
96 | 107 | ||
97 | - | | |
108 | + | 3. A reserve force of the United States military; or 6 | |
98 | 109 | ||
99 | - | – 3 – | |
110 | + | (ii) A member of a military or reserve force described in item (i) of 7 | |
111 | + | this paragraph who was killed in the line of duty. 8 | |
100 | 112 | ||
101 | - | (1) “deployment” means compliance with military orders received by a | |
102 | - | member of the United States Army, Navy, Air Force, Marine Corps, SPACE FORCE, Coast | |
103 | - | Guard, National Guard, or any other Reserve component to report for combat operations or | |
104 | - | other active service for which the member is required to report unaccompanied by any | |
105 | - | family member or that is classified by the member’s branch as remote; and | |
113 | + | (3) “Program” means the Purple Star Schools Program. 9 | |
106 | 114 | ||
107 | - | (2) “deployment” does not include National Guard or Reserve annual | |
108 | - | training, inactive duty days, or drill weekends. | |
115 | + | Article – Family Law 10 | |
109 | 116 | ||
110 | - | ||
117 | + | 9–108. 11 | |
111 | 118 | ||
112 | - | ||
119 | + | (a) In this section: 12 | |
113 | 120 | ||
114 | - | (a) (1) The Governor shall appoint and commission each commissioned officer | |
115 | - | or appoint each warrant officer of the organized militia on recommendation of the Adjutant | |
116 | - | General. | |
121 | + | (1) “deployment” means compliance with military orders received by a 13 | |
122 | + | member of the United States Army, Navy, Air Force, Marine Corps, SPACE FORCE, Coast 14 | |
123 | + | Guard, National Guard, or any other Reserve component to report for combat operations or 15 | |
124 | + | other active service for which the member is required to report unaccompanied by any 16 | |
125 | + | family member or that is classified by the member’s branch as remote; and 17 | |
117 | 126 | ||
118 | - | (2) | |
119 | - | ||
127 | + | (2) “deployment” does not include National Guard or Reserve annual 18 | |
128 | + | training, inactive duty days, or drill weekends. 19 | |
120 | 129 | ||
121 | - | (b) (1) Each individual commissioned or appointed as an officer or warrant | |
122 | - | officer shall be: | |
130 | + | Article – Public Safety 20 | |
123 | 131 | ||
124 | - | (i) an officer, warrant officer, or enlisted individual of the National | |
125 | - | Guard; | |
132 | + | 13–510. 21 | |
126 | 133 | ||
127 | - | ( | |
128 | - | ||
129 | - | ||
134 | + | (a) (1) The Governor shall appoint and commission each commissioned officer 22 | |
135 | + | or appoint each warrant officer of the organized militia on recommendation of the Adjutant 23 | |
136 | + | General. 24 | |
130 | 137 | ||
131 | - | (iii) an individual with prior enlisted service in the United States | |
132 | - | Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard, or any auxiliary | |
133 | - | thereof; | |
138 | + | (2) The appointments under paragraph (1) of this subsection do not require 25 | |
139 | + | confirmation by the Senate of Maryland. 26 | |
134 | 140 | ||
135 | - | ( | |
136 | - | ||
141 | + | (b) (1) Each individual commissioned or appointed as an officer or warrant 27 | |
142 | + | officer shall be: 28 | |
137 | 143 | ||
138 | - | (v) a graduate of a school, college, university, or officers’ training | |
139 | - | school who received military instruction under the supervision of an officer of the United | |
140 | - | States Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard who certified | |
141 | - | the graduate’s fitness for appointment as a commissioned officer; or | |
144 | + | (i) an officer, warrant officer, or enlisted individual of the National 29 | |
145 | + | Guard; 30 | |
146 | + | 4 HOUSE BILL 1026 | |
142 | 147 | ||
143 | - | (vi) an individual not otherwise identified in items (i) through (v) of | |
144 | - | this paragraph who is specially qualified for service by achievement in any professional, Ch. 27 2024 LAWS OF MARYLAND | |
145 | 148 | ||
146 | - | ||
147 | - | ||
148 | - | ||
149 | + | (ii) a retired or former officer or warrant officer of the United States 1 | |
150 | + | Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard or any auxiliary 2 | |
151 | + | thereof; 3 | |
149 | 152 | ||
150 | - | (2) Before EXCEPT FOR A COMMISSI ON, AN APPOINTMENT , OR A | |
151 | - | PROMOTION AWARDED UN DER SUBSECTION (F) OF THIS SECTION , BEFORE taking | |
152 | - | office, each member of the National Guard shall take the oath prescribed in § 13–407 of | |
153 | - | this title and each member of the Maryland Defense Force shall take the oath prescribed | |
154 | - | in § 13–509 of this subtitle. | |
153 | + | (iii) an individual with prior enlisted service in the United States 4 | |
154 | + | Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard, or any auxiliary 5 | |
155 | + | thereof; 6 | |
155 | 156 | ||
156 | - | ( | |
157 | - | ||
157 | + | (iv) a graduate of the United States Military Academy, Naval 7 | |
158 | + | Academy, Coast Guard Academy, Merchant Marine Academy, or Air Force Academy; 8 | |
158 | 159 | ||
159 | - | (1) be an officer in the National Guard of a grade of O–4 or higher; or | |
160 | + | (v) a graduate of a school, college, university, or officers’ training 9 | |
161 | + | school who received military instruction under the supervision of an officer of the United 10 | |
162 | + | States Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard who certified 11 | |
163 | + | the graduate’s fitness for appointment as a commissioned officer; or 12 | |
160 | 164 | ||
161 | - | (2) have served in any component or auxiliary of the United States Army, | |
162 | - | Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard or National Guard with | |
163 | - | the grade of O–4 or higher. | |
165 | + | (vi) an individual not otherwise identified in items (i) through (v) of 13 | |
166 | + | this paragraph who is specially qualified for service by achievement in any professional, 14 | |
167 | + | technical, or public service capacity or otherwise displays extraordinary qualifications for 15 | |
168 | + | commissioning as an officer of the Maryland Defense Force. 16 | |
164 | 169 | ||
165 | - | (d) When initially appointed, a lieutenant–colonel or major of the line must have | |
166 | - | had service as an officer for at least 2 years in any component or auxiliary of the United | |
167 | - | States Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard or National | |
168 | - | Guard. | |
170 | + | (2) Before EXCEPT FOR A COMMISSI ON, AN APPOINTMENT , OR A 17 | |
171 | + | PROMOTION AWARDED UN DER SUBSECTION (F) OF THIS SECTION , BEFORE taking 18 | |
172 | + | office, each member of the National Guard shall take the oath prescribed in § 13–407 of 19 | |
173 | + | this title and each member of the Maryland Defense Force shall take the oath prescribed 20 | |
174 | + | in § 13–509 of this subtitle. 21 | |
169 | 175 | ||
170 | - | (e) Subsections (c) and (d) of this section do not apply in the case of: | |
176 | + | (c) When initially appointed, a general officer or colonel of the organized militia 22 | |
177 | + | must: 23 | |
171 | 178 | ||
172 | - | (1) officers promoted to the grade of major or above from within the | |
173 | - | Maryland Defense Force; or | |
179 | + | (1) be an officer in the National Guard of a grade of O–4 or higher; or 24 | |
174 | 180 | ||
175 | - | (2) officers qualified under subsection (b)(1)(vi) of this section. | |
181 | + | (2) have served in any component or auxiliary of the United States Army, 25 | |
182 | + | Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard or National Guard with 26 | |
183 | + | the grade of O–4 or higher. 27 | |
176 | 184 | ||
177 | - | (F) THE GOVERNOR MAY AWARD A COMMISSION, AN APPOINTMENT , OR A | |
178 | - | PROMOTION UNDER THIS SECTION POSTHUMOUSLY . | |
185 | + | (d) When initially appointed, a lieutenant–colonel or major of the line must have 28 | |
186 | + | had service as an officer for at least 2 years in any component or auxiliary of the United 29 | |
187 | + | States Army, Navy, Marine Corps, Air Force, SPACE FORCE, or Coast Guard or National 30 | |
188 | + | Guard. 31 | |
179 | 189 | ||
180 | - | ||
190 | + | (e) Subsections (c) and (d) of this section do not apply in the case of: 32 | |
181 | 191 | ||
182 | - | ||
183 | - | ||
184 | - | ||
192 | + | (1) officers promoted to the grade of major or above from within the 33 | |
193 | + | Maryland Defense Force; or 34 | |
194 | + | HOUSE BILL 1026 5 | |
185 | 195 | ||
186 | - | (2) The Governor may grant a brevet commission to an officer of the | |
187 | - | organized militia of a grade equal to the highest grade in which the officer previously served | |
188 | - | in the organized militia or in the United States Army, Navy, Marine Corps, Air Force, | |
189 | - | SPACE FORCE, or Coast Guard. | |
190 | - | WES MOORE, Governor Ch. 27 | |
191 | 196 | ||
192 | - | – 5 – | |
193 | - | (b) A brevet commission carries only the rights or privileges that are allowed in | |
194 | - | like cases in the military service of the United States. | |
197 | + | (2) officers qualified under subsection (b)(1)(vi) of this section. 1 | |
195 | 198 | ||
196 | - | 13–704.1. | |
199 | + | (F) THE GOVERNOR MAY AWARD A COMMISSION, AN APPOINTMENT , OR A 2 | |
200 | + | PROMOTION UNDER THIS SECTION POSTHUMOUSLY . 3 | |
197 | 201 | ||
198 | - | ||
202 | + | 13–601. 4 | |
199 | 203 | ||
200 | - | (2) “Military service” means: | |
204 | + | (a) (1) On the recommendation of the Adjutant General, the Governor may 5 | |
205 | + | grant to an officer of the organized militia a brevet commission of the next higher grade 6 | |
206 | + | than the regular commission held by the officer. 7 | |
201 | 207 | ||
202 | - | (i) in the case of a service member who is a member or reserve | |
203 | - | member of the Army, Navy, Air Force, Marine Corps, SPACE FORCE, or Coast Guard, | |
204 | - | full–time duty in the active military service of the United States, including: | |
208 | + | (2) The Governor may grant a brevet commission to an officer of the 8 | |
209 | + | organized militia of a grade equal to the highest grade in which the officer previously served 9 | |
210 | + | in the organized militia or in the United States Army, Navy, Marine Corps, Air Force, 10 | |
211 | + | SPACE FORCE, or Coast Guard. 11 | |
205 | 212 | ||
206 | - | 1. full–time training duty; | |
213 | + | (b) A brevet commission carries only the rights or privileges that are allowed in 12 | |
214 | + | like cases in the military service of the United States. 13 | |
207 | 215 | ||
208 | - | ||
216 | + | 13–704.1. 14 | |
209 | 217 | ||
210 | - | 3. attendance while at a school designated as a service school | |
211 | - | by federal law or by the secretary of the military department concerned; | |
218 | + | (a) (1) In this section the following words have the meanings indicated. 15 | |
212 | 219 | ||
213 | - | (ii) in the case of A RESIDENT OF THE STATE WHO IS a member or | |
214 | - | reserve member of the Maryland National Guard, THE NATIONAL GUARD OF ANOTHER | |
215 | - | STATE, OR A RESERVE COMPONENT OF THE ARMED FORCES , service under a call to: | |
220 | + | (2) “Military service” means: 16 | |
216 | 221 | ||
217 | - | | |
218 | - | ||
219 | - | ||
222 | + | (i) in the case of a service member who is a member or reserve 17 | |
223 | + | member of the Army, Navy, Air Force, Marine Corps, SPACE FORCE, or Coast Guard, 18 | |
224 | + | full–time duty in the active military service of the United States, including: 19 | |
220 | 225 | ||
221 | - | | |
226 | + | 1. full–time training duty; 20 | |
222 | 227 | ||
223 | - | (iii) in the case of a service member who is a commissioned officer of | |
224 | - | the Public Health Service or the National Oceanic and Atmospheric Administration, active | |
225 | - | service; or | |
228 | + | 2. annual training duty; and 21 | |
226 | 229 | ||
227 | - | | |
228 | - | ||
230 | + | 3. attendance while at a school designated as a service school 22 | |
231 | + | by federal law or by the secretary of the military department concerned; 23 | |
229 | 232 | ||
230 | - | (3) “MILITARY SPOUSE” MEANS THE SPOUSE OF A SERVICE MEMBER . | |
233 | + | (ii) in the case of A RESIDENT OF THE STATE WHO IS a member or 24 | |
234 | + | reserve member of the Maryland National Guard, THE NATIONAL GUARD OF ANOTHER 25 | |
235 | + | STATE, OR A RESERVE COMPONE NT OF THE ARMED FORCES , service under a call to: 26 | |
231 | 236 | ||
232 | - | (4) “Service member” means an individual engaged in military service. | |
237 | + | 1. active service authorized by the President of the United 27 | |
238 | + | States or the Secretary of Defense for a period of more than 30 days in response to a national 28 | |
239 | + | emergency declared by the President of the United States; or 29 | |
233 | 240 | ||
234 | - | | |
235 | - | ||
241 | + | 2. active duty for a period of more than 30 consecutive days; 30 | |
242 | + | 6 HOUSE BILL 1026 | |
236 | 243 | ||
237 | - | (c) (1) In addition to the rights and protections regarding consumer | |
238 | - | transactions, contracts, and service providers included in Title III of the federal Ch. 27 2024 LAWS OF MARYLAND | |
239 | 244 | ||
240 | - | – 6 – | |
241 | - | Servicemembers Civil Relief Act (50 U.S.C. App. 531 through 538), a service member OR | |
242 | - | MILITARY SPOUSE may terminate a contract described in paragraph (2) of this subsection | |
243 | - | at any time after the date the service member receives military orders to relocate for a | |
244 | - | period of military service of at least 90 days to a location where the service member would | |
245 | - | be unable to use the services under the contract. | |
245 | + | (iii) in the case of a service member who is a commissioned officer of 1 | |
246 | + | the Public Health Service or the National Oceanic and Atmospheric Administration, active 2 | |
247 | + | service; or 3 | |
246 | 248 | ||
247 | - | (2) This section applies to a contract to provide any of the following: | |
249 | + | (iv) any period during which a service member is absent from duty 4 | |
250 | + | on account of sickness, wounds, leave, or other lawful cause. 5 | |
248 | 251 | ||
249 | - | ( | |
252 | + | (3) “MILITARY SPOUSE” MEANS THE SPOUSE OF A SERVICE MEMBER . 6 | |
250 | 253 | ||
251 | - | ( | |
254 | + | (4) “Service member” means an individual engaged in military service. 7 | |
252 | 255 | ||
253 | - | (iii) television services; | |
256 | + | (b) This section is intended to supplement rights and protections provided in the 8 | |
257 | + | federal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.). 9 | |
254 | 258 | ||
255 | - | (iv) athletic club or gym memberships; and | |
259 | + | (c) (1) In addition to the rights and protections regarding consumer 10 | |
260 | + | transactions, contracts, and service providers included in Title III of the federal 11 | |
261 | + | Servicemembers Civil Relief Act (50 U.S.C. App. 531 through 538), a service member OR 12 | |
262 | + | MILITARY SPOUSE may terminate a contract described in paragraph (2) of this subsection 13 | |
263 | + | at any time after the date the service member receives military orders to relocate for a 14 | |
264 | + | period of military service of at least 90 days to a location where the service member would 15 | |
265 | + | be unable to use the services under the contract. 16 | |
256 | 266 | ||
257 | - | ( | |
267 | + | (2) This section applies to a contract to provide any of the following: 17 | |
258 | 268 | ||
259 | - | (3) (i) A service member OR MILITARY SPOUSE may terminate a | |
260 | - | contract under this section by delivering a written or electronic notice of the termination | |
261 | - | and a copy of the service member’s military orders to the service provider. | |
269 | + | (i) telecommunication services; 18 | |
262 | 270 | ||
263 | - | (ii) If a service member OR MILITARY SPOUSE terminates a | |
264 | - | contract, the service provider shall provide the service member OR MILITARY SPOUSE with | |
265 | - | a written or electronic notice of the service member’s rights posted on the Maryland | |
266 | - | National Guard’s Internet website. | |
271 | + | (ii) Internet services; 19 | |
267 | 272 | ||
268 | - | (d) (1) [A] IF A service member [who] OR MILITARY SPOUSE terminates or | |
269 | - | suspends the provision of services under this section and [who] THE SERVICE MEMBER is | |
270 | - | no longer in active military service, THE SERVICE MEMBER O R MILITARY SPOUSE may | |
271 | - | reinstate the provision of service on the same terms and conditions as originally agreed to | |
272 | - | with the service provider before the termination or suspension on written notice to the | |
273 | - | provider that the service member is no longer in active military service. | |
273 | + | (iii) television services; 20 | |
274 | 274 | ||
275 | - | (2) Written notice under this subsection shall be given within 90 days after | |
276 | - | termination of the service member’s active military service. | |
275 | + | (iv) athletic club or gym memberships; and 21 | |
277 | 276 | ||
278 | - | (e) A service member OR MILITARY SPOUSE who terminates, suspends, or | |
279 | - | reinstates the provision of services under this section: | |
277 | + | (v) satellite radio services. 22 | |
280 | 278 | ||
281 | - | (1) may not be charged a penalty, fee, loss of deposit, or any other | |
282 | - | additional cost because of the termination, suspension, or reinstatement; and | |
279 | + | (3) (i) A service member OR MILITARY SPOUSE may terminate a 23 | |
280 | + | contract under this section by delivering a written or electronic notice of the termination 24 | |
281 | + | and a copy of the service member’s military orders to the service provider. 25 | |
283 | 282 | ||
284 | - | (2) is not liable for payment for any services after the effective date of the | |
285 | - | termination or suspension, until the effective date of any reinstatement of services. WES MOORE, Governor Ch. 27 | |
283 | + | (ii) If a service member OR MILITARY SPOUSE terminates a 26 | |
284 | + | contract, the service provider shall provide the service member OR MILITARY SPOUSE with 27 | |
285 | + | a written or electronic notice of the service member’s rights posted on the Maryland 28 | |
286 | + | National Guard’s Internet website. 29 | |
286 | 287 | ||
287 | - | – 7 – | |
288 | + | (d) (1) [A] IF A service member [who] OR MILITARY SPOUSE terminates or 30 | |
289 | + | suspends the provision of services under this section and [who] THE SERVICE MEMBER is 31 | |
290 | + | no longer in active military service, THE SERVICE MEMBER O R MILITARY SPOUSE may 32 HOUSE BILL 1026 7 | |
288 | 291 | ||
289 | - | 13–901. | |
290 | 292 | ||
291 | - | ||
292 | - | ||
293 | - | ||
293 | + | reinstate the provision of service on the same terms and conditions as originally agreed to 1 | |
294 | + | with the service provider before the termination or suspension on written notice to the 2 | |
295 | + | provider that the service member is no longer in active military service. 3 | |
294 | 296 | ||
295 | - | ( | |
296 | - | ||
297 | + | (2) Written notice under this subsection shall be given within 90 days after 4 | |
298 | + | termination of the service member’s active military service. 5 | |
297 | 299 | ||
298 | - | (2) the National Guard of this State, another state, or the United States; | |
300 | + | (e) A service member OR MILITARY SPOUSE who terminates, suspends, or 6 | |
301 | + | reinstates the provision of services under this section: 7 | |
299 | 302 | ||
300 | - | (3) the Maryland Defense Force; or | |
303 | + | (1) may not be charged a penalty, fee, loss of deposit, or any other 8 | |
304 | + | additional cost because of the termination, suspension, or reinstatement; and 9 | |
301 | 305 | ||
302 | - | (4) an auxiliary of any of the military units listed in this subsection. | |
306 | + | (2) is not liable for payment for any services after the effective date of the 10 | |
307 | + | termination or suspension, until the effective date of any reinstatement of services. 11 | |
303 | 308 | ||
304 | - | 13– | |
309 | + | 13–901. 12 | |
305 | 310 | ||
306 | - | (a) This section does not apply to a member of the United States Army, Navy, Air | |
307 | - | Force, Marines, SPACE FORCE, or Coast Guard, the organized militia of this State or | |
308 | - | another state, an officer of the Maryland Defense Force, or a member of associations wholly | |
309 | - | composed of soldiers honorably discharged from the armed forces of the United States. | |
311 | + | (b) Without authority under the laws of the United States or this State, a person 13 | |
312 | + | may not wear a uniform or distinctive part of a uniform or an item similar to a uniform or 14 | |
313 | + | a distinctive part of a uniform of: 15 | |
310 | 314 | ||
311 | - | 13–904. | |
315 | + | (1) the United States Army, Navy, Air Force, Marine Corps, SPACE 16 | |
316 | + | FORCE, or Coast Guard; or 17 | |
312 | 317 | ||
313 | - | (a) A person who is the owner or who is an agent of the owner of a place of | |
314 | - | amusement or recreation open to the public may not refuse admission to an officer or | |
315 | - | enlisted individual of the United States Army, Navy, Marine Corps, Coast Guard, SPACE | |
316 | - | FORCE, or Air Force or the organized militia of this State or of another state because the | |
317 | - | officer or enlisted individual is in uniform. | |
318 | + | (2) the National Guard of this State, another state, or the United States; 18 | |
318 | 319 | ||
319 | - | (b) A person who violates this section is guilty of a misdemeanor and on conviction | |
320 | - | is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. | |
320 | + | (3) the Maryland Defense Force; or 19 | |
321 | 321 | ||
322 | - | ||
322 | + | (4) an auxiliary of any of the military units listed in this subsection. 20 | |
323 | 323 | ||
324 | - | (a) In this title, unless the context otherwise requires, the following words have | |
325 | - | the meanings indicated. | |
324 | + | 13–902. 21 | |
326 | 325 | ||
327 | - | (k) “Judge advocate” means a commissioned officer of the organized state military | |
328 | - | forces who is a member in good standing of the bar of the highest court of a state: | |
326 | + | (a) This section does not apply to a member of the United States Army, Navy, Air 22 | |
327 | + | Force, Marines, SPACE FORCE, or Coast Guard, the organized militia of this State or 23 | |
328 | + | another state, an officer of the Maryland Defense Force, or a member of associations wholly 24 | |
329 | + | composed of soldiers honorably discharged from the armed forces of the United States. 25 | |
329 | 330 | ||
330 | - | (1) (i) certified or designated as a judge advocate in the Judge Advocate | |
331 | - | General’s Corps of the Army, Air Force, Navy, SPACE FORCE, or the Marine Corps or | |
332 | - | designated as a law specialist as an officer of the Coast Guard, or a reserve component of | |
333 | - | one of these; or Ch. 27 2024 LAWS OF MARYLAND | |
331 | + | 13–904. 26 | |
334 | 332 | ||
335 | - | – 8 – | |
333 | + | (a) A person who is the owner or who is an agent of the owner of a place of 27 | |
334 | + | amusement or recreation open to the public may not refuse admission to an officer or 28 | |
335 | + | enlisted individual of the United States Army, Navy, Marine Corps, Coast Guard, SPACE 29 | |
336 | + | FORCE, or Air Force or the organized militia of this State or of another state because the 30 | |
337 | + | officer or enlisted individual is in uniform. 31 | |
338 | + | 8 HOUSE BILL 1026 | |
336 | 339 | ||
337 | - | (ii) certified as a non–federally recognized judge advocate, under | |
338 | - | regulations adopted pursuant to this provision, by the senior judge advocate of the | |
339 | - | commander of the force in the State military forces of which the accused is a member, as | |
340 | - | competent to perform such military justice duties required by this code; or | |
341 | 340 | ||
342 | - | (2) if no judge advocate certified under item (1) of this subsection is | |
343 | - | available, certified by a senior judge advocate of the commander of another force in the | |
344 | - | State military forces, as the convening authority directs. | |
341 | + | (b) A person who violates this section is guilty of a misdemeanor and on conviction 1 | |
342 | + | is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. 2 | |
345 | 343 | ||
346 | - | 13A– | |
344 | + | 13A–101. 3 | |
347 | 345 | ||
348 | - | (c) In the instance when a defense counsel is not a member of the bar of the | |
349 | - | highest court of the state, the defense counsel shall be deemed admitted pro hac vice, | |
350 | - | subject to filing a certificate with the military judge setting forth the qualifications that | |
351 | - | counsel is: | |
346 | + | (a) In this title, unless the context otherwise requires, the following words have 4 | |
347 | + | the meanings indicated. 5 | |
352 | 348 | ||
353 | - | ( | |
354 | - | ||
349 | + | (k) “Judge advocate” means a commissioned officer of the organized state military 6 | |
350 | + | forces who is a member in good standing of the bar of the highest court of a state: 7 | |
355 | 351 | ||
356 | - | (ii) a member in good standing of the bar of the highest court of a | |
357 | - | state; and | |
352 | + | (1) (i) certified or designated as a judge advocate in the Judge Advocate 8 | |
353 | + | General’s Corps of the Army, Air Force, Navy, SPACE FORCE, or the Marine Corps or 9 | |
354 | + | designated as a law specialist as an officer of the Coast Guard, or a reserve component of 10 | |
355 | + | one of these; or 11 | |
358 | 356 | ||
359 | - | (iii) certified as a judge advocate in the Judge Advocate General’s | |
360 | - | Corps of the Army, Air Force, Navy, SPACE FORCE, or Marine Corps; or | |
357 | + | (ii) certified as a non–federally recognized judge advocate, under 12 | |
358 | + | regulations adopted pursuant to this provision, by the senior judge advocate of the 13 | |
359 | + | commander of the force in the State military forces of which the accused is a member, as 14 | |
360 | + | competent to perform such military justice duties required by this code; or 15 | |
361 | 361 | ||
362 | - | (2) a judge advocate as defined in § 13A–101 of this title. | |
362 | + | (2) if no judge advocate certified under item (1) of this subsection is 16 | |
363 | + | available, certified by a senior judge advocate of the commander of another force in the 17 | |
364 | + | State military forces, as the convening authority directs. 18 | |
363 | 365 | ||
364 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
365 | - | October 1, 2024. | |
366 | + | 13A–506. 19 | |
366 | 367 | ||
367 | - | Approved by the Governor, April 9, 2024. | |
368 | + | (c) In the instance when a defense counsel is not a member of the bar of the 20 | |
369 | + | highest court of the state, the defense counsel shall be deemed admitted pro hac vice, 21 | |
370 | + | subject to filing a certificate with the military judge setting forth the qualifications that 22 | |
371 | + | counsel is: 23 | |
372 | + | ||
373 | + | (1) (i) a commissioned officer of the armed forces of the United States 24 | |
374 | + | or a component thereof; 25 | |
375 | + | ||
376 | + | (ii) a member in good standing of the bar of the highest court of a 26 | |
377 | + | state; and 27 | |
378 | + | ||
379 | + | (iii) certified as a judge advocate in the Judge Advocate General’s 28 | |
380 | + | Corps of the Army, Air Force, Navy, SPACE FORCE, or Marine Corps; or 29 | |
381 | + | ||
382 | + | (2) a judge advocate as defined in § 13A–101 of this title. 30 | |
383 | + | ||
384 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 | |
385 | + | October 1, 2024. 32 | |
386 | + | ||
387 | + |