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. *hb0448* HOUSE BILL 448 P1, G1, D5 5lr2501 CF SB 275 By: Delegate Kipke Delegates Kipke, Alston, Bagnall, Bhandari, Chisholm, Cullison, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr, Lopez, Martinez, M. Morgan, Pena–Melnyk, Reilly, Rosenberg, Ross, Szeliga, Taveras, White Holland, Woods, and Woorman Introduced and read first time: January 16, 2025 Assigned to: Health and Government Operations Committee Report: Favorable with amendments House action: Adopted Read second time: February 27, 2025 CHAPTER ______ AN ACT concerning 1 Modernization of Military Laws Act 2 FOR the purpose of establishing rules of interpretation related to the uniformed services; 3 altering the rule of interpretation for “veteran”; requiring the Secretary of Veterans 4 and Military Families to develop certain policies related to life transitions of 5 veterans, service members, and military families; altering the application of certain 6 provisions of law governing the filing of certificates of candidacy, the powers of the 7 Governor, State veterans’ cemeteries, and housing and employment discrimination 8 as they relate to veterans and the uniformed services; and generally relating to 9 veterans and the uniformed services. 10 BY repealing and reenacting, without amendments, 11 Article – Election Law 12 Section 1–101(a) 13 Annotated Code of Maryland 14 (2022 Replacement Volume and 2024 Supplement) 15 BY adding to 16 Article – Election Law 17 Section 1–101(b–1) and (tt–1) 18 Annotated Code of Maryland 19 (2022 Replacement Volume and 2024 Supplement) 20 2 HOUSE BILL 448 BY repealing and reenacting, with amendments, 1 Article – Election Law 2 Section 1–101(b–1) and (b–2), 3–202.1(a), and 5–304(b) 3 Annotated Code of Maryland 4 (2022 Replacement Volume and 2024 Supplement) 5 BY adding to 6 Article – General Provisions 7 Section 1–101.1, 1–101.2, 1–103.1, 1–114.1, 1–114.2, and 1–116 8 Annotated Code of Maryland 9 (2019 Replacement Volume and 2024 Supplement) 10 BY repealing and reenacting, with amendments, 11 Article – General Provisions 12 Section 1–117 13 Annotated Code of Maryland 14 (2019 Replacement Volume and 2024 Supplement) 15 BY repealing and reenacting, with amendments, 16 Article – Public Utilities 17 Section 18–111 18 Annotated Code of Maryland 19 (2020 Replacement Volume and 2024 Supplement) 20 BY repealing and reenacting, with amendments, 21 Article – State Government 22 Section 2–104(d), 3–303(a), 9–901, 9–902, 9–906(a)(5) and (f), 9–906, 9–907, 23 9–910(b), 9–911(a), 9–946(6) through (8), 9–957(a)(2), and 20–101(f) 24 Annotated Code of Maryland 25 (2021 Replacement Volume and 2024 Supplement) 26 BY repealing and reenacting, without amendments, 27 Article – State Government 28 Section 9–906(a)(1), 9–957(a)(1), and 20–101(a) 29 Annotated Code of Maryland 30 (2021 Replacement Volume and 2024 Supplement) 31 BY adding to 32 Article – State Government 33 Section 9–946(9) 34 Annotated Code of Maryland 35 (2021 Replacement Volume and 2024 Supplement) 36 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 37 That the Laws of Maryland read as follows: 38 HOUSE BILL 448 3 Article – Election Law 1 1–101. 2 (a) In this article the following words have the meanings indicated unless a 3 different meaning is clearly intended from the context. 4 (B–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 5 GOVERNMENT ARTICLE. 6 [(b–1)] (B–2) “Address confidentiality program” means the Address 7 Confidentiality Program administered by the Secretary of State under Title 7, Subtitle 3 of 8 the State Government Article. 9 [(b–2)] (B–3) “Administrative policy affecting voting rights” means any action 10 relating to voter registration, provisional voting, absentee voting, or the location of a polling 11 place or early voting center. 12 (TT–1) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 13 OF THE STATE GOVERNMENT ARTICLE. 14 3–202.1. 15 (a) (1) In this section the following words have the meanings indicated. 16 (2) “Common access card” means the identification card issued by the U.S. 17 Department of Defense to active–duty [military personnel] MEMBERS OF THE 18 UNIFORMED SERVICES , eligible [reserve personnel] MEMBERS OF A RESERVE 19 COMPONENT , Department of Defense civilian employees, and eligible Department of 20 Defense contractor personnel. 21 (3) “Federal post card application” means the form prescribed under 52 22 U.S.C. § 20301(b)(2) that may be used by absent uniformed services voters and overseas 23 voters to simultaneously apply to register to vote and apply for an absentee ballot. 24 (4) “RESERVE COMPONENT ” HAS THE MEA NING STATED IN § 9–901 25 OF THE STATE GOVERNMENT ARTICLE. 26 (5) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 27 OF THE STATE GOVERNMENT ARTICLE. 28 5–304. 29 (b) A certificate of candidacy may be filed as permitted under subsection (a)(1)(ii) 30 of this section, if: 31 4 HOUSE BILL 448 (1) the individual filing the certificate is unable to do so in person because 1 of illness, [military] service IN THE UNIFORMED SER VICES, or temporary absence from 2 the State; and 3 (2) the certificate is accompanied by an affidavit signed by the individual 4 filing the certificate setting forth fully the facts that prevent that individual from filing the 5 certificate in person. 6 Article – General Provisions 7 1–101.1. 8 “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 9 GOVERNMENT ARTICLE. 10 1–101.2. 11 “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 12 STATE GOVERNMENT ARTICLE. 13 1–103.1. 14 “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 15 GOVERNMENT ARTICLE. 16 1–114.1. 17 “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 18 GOVERNMENT ARTICLE. 19 1–114.2. 20 “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 21 GOVERNMENT ARTICLE. 22 1–116. 23 “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 24 GOVERNMENT ARTICLE. 25 1–117. 26 (A) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 27 GOVERNMENT ARTICLE. 28 HOUSE BILL 448 5 (B) With respect to any State program of benefits, rights, or privileges applicable 1 to a veteran under this Code, “veteran” includes[, if the individual is eligible under 38 2 U.S.C. § 101, a member of the commissioned corps of: 3 (1) the Public Health Service; or 4 (2) the National Oceanic and Atmospheric Administration or its 5 predecessor, the Coast and Geodetic Survey] AN INDIVIDUAL WHO ME ETS THE 6 DEFINITION OF “VETERAN” UNDER § 9–901 OF THE STATE GOVERNMENT ARTICLE. 7 Article – Public Utilities 8 18–111. 9 (a) (1) In this section, [“eligible veteran” means THE FOLLOWING WORDS 10 HAVE THE MEANINGS IN DICATED. 11 (2) “ELIGIBLE VETERAN ” MEANS a veteran of any branch of the armed 12 forces of the United States UNIFORMED SERVICES who has received an honorable 13 discharge or a certificate of satisfactory completion of military service, including: 14 (1) the National Guard; 15 (2) the military reserves; 16 (3) (I) A RESERVE COMPONENT ; 17 (II) the Commissioned Corps of the Public Health Service; and 18 (4) (III) the Commissioned Corps of the National Oceanic and 19 Atmospheric Administration] “VETERAN” HAS. 20 (3) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 21 OF THE STATE GOVERNMENT ARTICLE. 22 (4) “VETERAN” HAS THE MEANING STATED I N § 9–901 OF THE STATE 23 GOVERNMENT ARTICLE. 24 (b) The Commission may grant a preference in hiring and promotion to: 25 (1) [an eligible] A veteran; 26 (2) the spouse of [an eligible] A veteran who has a service–connected 27 disability; or 28 6 HOUSE BILL 448 (3) the surviving spouse of a deceased [eligible] veteran. 1 (c) Granting a preference under subsection (b) of this section does not violate any 2 State or local equal employment opportunity law. 3 Article – State Government 4 2–104. 5 (d) Any full–time permanent employee of the General Assembly of Maryland or 6 the Department of Legislative Services who separates from State service and returns to 7 State service in the Executive or Judicial Branch within 3 years from the time of separation 8 from active duty, AS DEFINED IN § 9–901 OF THIS ARTICLE , shall be eligible for 9 reinstatement and shall receive full credit for any prior State service. 10 3–303. 11 (a) The Governor is the commander–in–chief of the land and naval militia of the 12 State, except for any part of the militia that is in the active [military] service of the [United 13 States] UNIFORMED SERVICES . 14 9–901. 15 (a) In this subtitle the following words have the meanings indicated. 16 (B) “ACTIVE DUTY” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 17 (C) “ACTIVE SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS: 18 (1) AN ACTIVE DUTY MEMBE R OF THE UNIFORMED S ERVICES; OR 19 (2) SERVING IN A RESERVE COMPONENT OF THE UNIFORMED 20 SERVICES ON ACTIVE D UTY ORDERS. 21 (D) “ARMED FORCES ” HAS THE MEANING STAT ED IN 10 U.S.C. § 101. 22 [(b)] (E) “Board” means the Board of Trustees of the Maryland Veterans Trust. 23 [(c)] (F) “Department” means the Department of Veterans and Military 24 Families. 25 (G) “MILITARY FAMILY ” INCLUDES THE SPOUSE AND DEPENDENT 26 CHILDREN OF A SERVIC E MEMBER OR VETERAN RELATED BY BLOOD , MARRIAGE, OR 27 ADOPTION. 28 (H) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 29 HOUSE BILL 448 7 [(d)] (I) “Secretary” means the Secretary of Veterans and Military Families. 1 (J) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS A MEMBER OF : 2 (1) THE UNIFORMED SERVIC ES; OR 3 (2) A RESERVE COMPONENT OF THE UNIFORMED SER VICES. 4 [(e)] (K) “Trust” means the Maryland Veterans Trust. 5 (L) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 6 [(f)] (M) Except as otherwise provided [in this subtitle], “veteran” [means an 7 individual who served on active duty in the armed forces of the United States, other than 8 for training, and was discharged or released under conditions other than dishonorable] HAS 9 THE MEANING STATED I N 38 U.S.C. § 101. 10 9–902. 11 (a) There is a Department of Veterans and Military Families, established as a 12 principal department of the State government. 13 (b) The head of the Department is the Secretary of Veterans and Military 14 Families who shall be: 15 (1) a veteran [who has an honorable discharge from active service with a 16 uniformed service of the United States]; and 17 (2) appointed by the Governor with the advice and consent of the Senate. 18 (c) (1) The Secretary serves at the pleasure of the Governor and is responsible 19 directly to the Governor. The Secretary shall advise the Governor on all matters assigned 20 to the Department and is responsible for carrying out the Governor’s policies on these 21 matters. 22 (2) The Secretary is responsible for: 23 (I) the operation of the Department and shall establish guidelines 24 and procedures to promote the orderly and efficient operation of the Department; AND 25 (II) THE DEVELOPMENT OF COORD INATED POLICIES FOR 26 LEADING VETERANS , SERVICE MEMBERS , AND THEIR FAMILIES T HROUGH LIFE ’S 27 TRANSITIONS, INCLUDING ASSISTING IN SECURING BENEFITS EARNED THROUGH 28 SERVICE IN THE UNIFO RMED SERVICES AND RE SERVE COMPONENTS . 29 8 HOUSE BILL 448 (3) Subject to the provisions of this subtitle, the Secretary may establish, 1 reorganize, or consolidate areas of responsibility in the Department as necessary to fulfill 2 the duties assigned by the Secretary. 3 (4) The Secretary shall adopt regulations necessary to carry out the 4 provisions of this subtitle. 5 (d) The Secretary is entitled to the salary provided in the State budget. 6 9–906. 7 (a) (1) In this section the following words have the meanings indicated. 8 (5) In this section and in § 9–907 of this subtitle, “veteran” means an 9 individual who: 10 (i) served other than dishonorably on active duty in the [armed 11 forces of the United States] UNIFORMED SERVICES ; or 12 (ii) served other than dishonorably as a member of the State militia 13 ordered into active service [of the United States] by order of the President and was killed 14 in the line of duty. 15 (f) To qualify for a plot in a State veterans’ cemetery: 16 (1) the applicant must be a veteran who meets the requirements for burial 17 at a national veterans’ cemetery or an eligible spouse or dependent of a veteran who meets 18 the requirements of this subsection; and 19 (2) if a veteran, the veteran must also have been a resident of the State: 20 (i) when the veteran entered the [armed forces] UNIFORMED 21 SERVICES; 22 (ii) when the veteran died; or 23 (iii) for 2 years, unless, for a reason that the Department finds 24 compelling, the Department waives the time period. 25 9–906. 26 (a) (1) In this section the following words have the meanings indicated. 27 (2) IN THIS SECTION AND IN § 9–907 OF THIS SUBTITLE , “ELIGIBLE 28 DECEDENT” MEANS: 29 HOUSE BILL 448 9 (I) A VETERAN; 1 (II) A QUALIFIED RESERVE MEMBER; OR 2 (III) AN ELIGIBLE SPOUSE O R DEPENDENT . 3 (3) “Eligible dependent” means: 4 (i) a child who meets the requirements stated in 38 C.F.R. § 5 38.620(e); [or] 6 (ii) a parent who meets the requirements stated in 38 C.F.R. § 7 38.620(i); OR 8 (III) A PARENT OR CHILD RE LATED BY BLOOD , MARRIAGE, OR 9 ADOPTION OF A QUALIF IED RESERVE MEMBER . 10 [(3)] (4) “Eligible spouse” means: 11 (I) a spouse who meets the requirements stated in 38 C.F.R. § 12 38.620(e); OR 13 (II) A SPOUSE OF A QUALIF IED RESERVE MEMBER . 14 (5) “QUALIFIED RESERVE MEM BER” MEANS A RESERVE COMP ONENT 15 MEMBER WHO DOES NOT MEET THE REQUIREMENT S FOR BURIAL AT A NA TIONAL 16 VETERANS’ CEMETERY BUT SERVED OTHER THAN DISHONORA BLY AND COMPLETED 17 THE INDIVIDUAL ’S CONTRACTUAL OBLIGA TION OF SERVICE. 18 [(4)] (6) “State veterans’ cemetery” means a cemetery that the 19 Department establishes under this section. 20 [(5) In this section and in § 9–907 of this subtitle, “veteran” means an 21 individual who: 22 (i) served other than dishonorably on active duty in the armed 23 forces of the United States; or 24 (ii) served other than dishonorably as a member of the State militia 25 ordered into active service of the United States by order of the President and was killed in 26 the line of duty. 27 (6)] (7) “Washington Cemetery” means the Civil War cemetery grounds 28 authorized by Chapter 213 of the Acts of the General Assembly of 1870. 29 10 HOUSE BILL 448 (b) The Department may establish one or more cemeteries in the State for the 1 burial of [veterans and their eligible spouse or dependents] ELIGIBLE DECEDENTS as 2 authorized by the Secretary. 3 (c) The Department may accept land, on behalf of the State or a political 4 subdivision of the State, or otherwise acquire land for a State veterans’ cemetery, if the 5 Department has the approval of: 6 (1) the governing body of the county where the State veterans’ cemetery is 7 to be located; 8 (2) the delegation in the General Assembly for the county where the State 9 veterans’ cemetery is to be located; and 10 (3) the Board of Public Works. 11 (d) (1) The Department shall maintain and supervise each State veterans’ 12 cemetery. 13 (2) The Washington Cemetery shall be under the supervision of the 14 Department. 15 (e) The Department shall provide a plot in a State veterans’ cemetery, without 16 charge, to a veteran OR A VETERAN’S ELIGIBLE SPOUSE OR DEPENDENT who meets the 17 requirements of this section. 18 (f) To qualify for a plot in a State veterans’ cemetery: 19 (1) the [applicant] ELIGIBLE DECEDENT must be: 20 (I) a veteran who meets the requirements for burial at a national 21 veterans’ cemetery; 22 (II) A QUALIFIED RESERVE MEMBER; or 23 (III) an eligible spouse or dependent [of a veteran] who meets the 24 requirements of this subsection; and 25 (2) if a [veteran, the veteran] QUALIFIED RESERVE ME MBER, THE 26 QUALIFIED RESERVE ME MBER must also have been a resident of the State: 27 (i) when the [veteran] QUALIFIED RESERVE ME MBER entered the 28 [armed forces] RESERVE COMPONENT ; 29 (ii) when the [veteran] QUALIFIED RESERVE ME MBER died; or 30 HOUSE BILL 448 11 (iii) for 2 years, unless, for a reason that the Department finds 1 compelling, the Department waives the time period. 2 (g) To obtain a plot in a State veterans’ cemetery, an applicant shall submit to 3 the Department an application on the form that the Department provides. 4 (h) (1) In a plot that is allotted to a veteran OR A QUALIFIED RESER VE 5 MEMBER, the Department shall bury: 6 (i) the veteran OR QUALIFIED RESERVE MEMBER; and 7 (ii) any member of the immediate family who is an eligible spouse or 8 dependent [of the veteran] if the family member can be buried in a space above or below 9 the veteran OR QUALIFIED RESERVE MEMBER or in the next available plot. 10 (2) With each plot, the Department shall provide a grave liner at no cost 11 for the veteran or THE VETERAN ’S eligible spouse or dependent. 12 (i) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 13 SUBSECTION, THE Department [shall bury the] MAY NOT CHARGE A veteran or A 14 VETERAN’S eligible spouse or dependent [without charge] FOR BURIAL. 15 (2) IF THE INDIVIDUAL BEI NG BURIED IS A QUALI FIED RESERVE 16 MEMBER OR A QUALIFIE D RESERVE MEMBER ’S ELIGIBLE SPOUSE OR DEPENDENT , 17 THE DEPARTMENT SHALL COLL ECT AT THE TIME OF B URIAL A FEE THAT IS EQUAL 18 TO THE ANNUAL PLOT A LLOWANCE ESTABLISHED BY THE NATIONAL CEMETERY 19 ADMINISTRATION . 20 9–907. 21 The Department shall keep a registry of the graves of [veterans and family members 22 of veterans] ELIGIBLE DECEDENTS who are buried in the State veterans’ cemeteries. 23 9–910. 24 (b) (1) The Department may appoint a Director for the home and employ any 25 other staff that is needed to manage the home properly. 26 (2) In appointing or employing staff, the Department shall give preference 27 to a veteran [who has an honorable discharge from the armed forces UNIFORMED 28 SERVICES]. 29 (3) The Director shall: 30 12 HOUSE BILL 448 (i) serve at the pleasure of the Secretary; and 1 (ii) perform any duty that the Department requires. 2 9–911. 3 (a) In accordance with the regulations of the Department and applicable law, the 4 home shall be open: 5 (1) to a veteran who[: 6 (i) has an honorable discharge from active service with a uniformed 7 service of the United States; and 8 (ii)] is a resident of the State as defined in regulations adopted by the 9 Secretary; or 10 (2) to a spouse of an eligible veteran. 11 9–946. 12 The Secretary shall submit a report by December 31 of each year to the Governor 13 and, in accordance with § 2–1257 of this article, the General Assembly, that includes: 14 (6) the estimated impact current [military] operations are likely to have 15 on the needs of veterans in the future; 16 (7) the status of federal veterans programs as they relate to Maryland 17 veterans; [and] 18 (8) any other issues concerning veterans that the Secretary considers 19 appropriate; AND 20 (9) ANY OTHER ISSUES CON CERNING SERVICE MEMB ERS, INCLUDING 21 ISSUES UNIQUELY PERT AINING TO ACTIVE SER VICE MEMBERS THAT TH E 22 SECRETARY CONSIDERS A PPROPRIATE . 23 9–957. 24 (a) (1) In this section the following words have the meanings indicated. 25 (2) “Eligible veteran” means [an individual who: 26 (i) served on active duty in: 27 1. the armed forces of the United States; 28 HOUSE BILL 448 13 2. the National Guard; or 1 3. a reserve component of the armed forces of the United 2 States; 3 (ii) served in a capacity other than for training; 4 (iii) was discharged or released under conditions other than 5 dishonorable; and] A VETERAN WHO : 6 [(iv) 1.] (I) is a resident of the State; or 7 [2.] (II) receives treatment or care from a U.S. Department 8 of Veterans Affairs or U.S. Department of Defense medical facility in the State. 9 20–101. 10 (a) In Subtitles 1 through 11 of this title the following words have the meanings 11 indicated. 12 (f) “Military status” means the status of being: 13 (1) a member of the uniformed services[, as defined in 10 U.S.C. § 101]; 14 (2) a member of a reserve component of the [armed forces of the United 15 States, as listed in 10 U.S.C. § 10101] UNIFORMED SERVICES ; or 16 (3) a dependent, as defined in 50 U.S.C. § 3911(4). 17 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 October 1, 2025. 19 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.