EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 275
P1, G1, D5 5lr0622
CF 5lr2501
By: Senators Simonaire, Salling, Jennings, Gallion, Mautz, and Bailey
Introduced and read first time: January 10, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
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) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2024 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Election Law 22
Section 1–101(b–1) and (b–2), 3–202.1(a), and 5–304(b) 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2024 Supplement) 25
BY adding to 26
Article – General Provisions 27 2 SENATE BILL 275
Section 1–101.1, 1–101.2, 1–103.1, 1–114.1, 1–114.2, and 1–116 1
Annotated Code of Maryland 2
(2019 Replacement Volume and 2024 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – General Provisions 5
Section 1–117 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2024 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Public Utilities 10
Section 18–111 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – State Government 15
Section 2–104(d), 3–303(a), 9–901, 9–902, 9–906(a)(5) and (f), 9–910(b), 9–911(a), 16
9–946(6) through (8), 9–957(a)(2), and 20–101(f) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2024 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – State Government 21
Section 9–906(a)(1), 9–957(a)(1), and 20–101(a) 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2024 Supplement) 24
BY adding to 25
Article – State Government 26
Section 9–946(9) 27
Annotated Code of Maryland 28
(2021 Replacement Volume and 2024 Supplement) 29
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 30
That the Laws of Maryland read as follows: 31
Article – Election Law 32
1–101. 33
(a) In this article the following words have the meanings indicated unless a 34
different meaning is clearly intended from the context. 35
(B–1) “ACTIVE DUTY” HAS THE MEANIN G STATED IN § 9–901 OF THE STATE 36
GOVERNMENT ARTICLE. 37 SENATE BILL 275 3
[(b–1)] (B–2) “Address confidentiality program” means the Address 1
Confidentiality Program administered by the Secretary of State under Title 7, Subtitle 3 of 2
the State Government Article. 3
[(b–2)] (B–3) “Administrative policy affecting voting rights” means any action 4
relating to voter registration, provisional voting, absentee voting, or the location of a polling 5
place or early voting center. 6
3–202.1. 7
(a) (1) In this section the following words have the meanings indicated. 8
(2) “Common access card” means the identification card issued by the U.S. 9
Department of Defense to active–duty [military personnel] MEMBERS OF THE 10
UNIFORMED SERVICES , eligible [reserve personnel] MEMBERS OF A RESERVE 11
COMPONE NT, Department of Defense civilian employees, and eligible Department of 12
Defense contractor personnel. 13
(3) “Federal post card application” means the form prescribed under 52 14
U.S.C. § 20301(b)(2) that may be used by absent uniformed services voters and overseas 15
voters to simultaneously apply to register to vote and apply for an absentee ballot. 16
(4) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 17
OF THE STATE GOVERNMENT ARTICLE. 18
(5) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 19
OF THE STATE GOVERNMENT ARTICLE. 20
5–304. 21
(b) A certificate of candidacy may be filed as permitted under subsection (a)(1)(ii) 22
of this section, if: 23
(1) the individual filing the certificate is unable to do so in person because 24
of illness, [military] service IN THE UNIFORMED SERV ICES, or temporary absence from 25
the State; and 26
(2) the certificate is accompanied by an affidavit signed by the individual 27
filing the certificate setting forth fully the facts that prevent that individual from filing the 28
certificate in person. 29
Article – General Provisions 30
1–101.1. 31
4 SENATE BILL 275
“ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 1
GOVERNMENT ARTICLE. 2
1–101.2. 3
“ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 4
STATE GOVERNMENT ARTICLE. 5
1–103.1. 6
“ARMED FORCES” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 7
GOVERNMENT ARTICLE. 8
1–114.1. 9
“RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 10
GOVERNMENT ARTICLE. 11
1–114.2. 12
“SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 13
GOVERNMENT ARTICLE. 14
1–116. 15
“UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 16
GOVERNMENT ARTICLE. 17
1–117. 18
With respect to any State program of benefits, rights, or privileges applicable to a 19
veteran under this Code, “veteran” includes[, if the individual is eligible under 38 U.S.C. § 20
101, a member of the commissioned corps of: 21
(1) the Public Health Service; or 22
(2) the National Oceanic and Atmospheric Administration or its 23
predecessor, the Coast and Geodetic Survey] AN INDIVIDUAL WHO MEETS THE 24
DEFINITION OF “VETERAN” UNDER § 9–901 OF THE STATE GOVERNMENT ARTICLE. 25
Article – Public Utilities 26
18–111. 27
SENATE BILL 275 5
(a) In this section, [“eligible veteran” means a veteran of any branch of the armed 1
forces of the United States who has received an honorable discharge or a certificate of 2
satisfactory completion of military service, including: 3
(1) the National Guard; 4
(2) the military reserves; 5
(3) the Commissioned Corps of the Public Health Service; and 6
(4) the Commissioned Corps of the National Oceanic and Atmospheric 7
Administration] “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 8
GOVERNMENT ARTICLE. 9
(b) The Commission may grant a preference in hiring and promotion to: 10
(1) [an eligible] A veteran; 11
(2) the spouse of [an eligible] A veteran who has a service–connected 12
disability; or 13
(3) the surviving spouse of a deceased [eligible] veteran. 14
(c) Granting a preference under subsection (b) of this section does not violate any 15
State or local equal employment opportunity law. 16
Article – State Government 17
2–104. 18
(d) Any full–time permanent employee of the General Assembly of Maryland or 19
the Department of Legislative Services who separates from State service and returns to 20
State service in the Executive or Judicial Branch within 3 years from the time of separation 21
from active duty, AS DEFINED IN § 9–901 OF THIS ARTICLE, shall be eligible for 22
reinstatement and shall receive full credit for any prior State service. 23
3–303. 24
(a) The Governor is the commander–in–chief of the land and naval militia of the 25
State, except for any part of the militia that is in the active [military] service of the [United 26
States] UNIFORMED SERVICES . 27
9–901. 28
(a) In this subtitle the following words have the meanings indicated. 29
6 SENATE BILL 275
(B) “ACTIVE DUTY” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 1
(C) “ACTIVE SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS: 2
(1) AN ACTIVE DUTY MEMBE R OF THE UNIFORMED S ERVICES; OR 3
(2) SERVING IN A RESERVE COMPONENT OF THE UNI FORMED 4
SERVICES ON ACTIVE D UTY ORDERS. 5
(D) “ARMED FORCES ” HAS THE MEANING STAT ED IN 10 U.S.C. § 101. 6
[(b)] (E) “Board” means the Board of Trustees of the Maryland Veterans Trust. 7
[(c)] (F) “Department” means the Department of Veterans and Military 8
Families. 9
(G) “MILITARY FAMILY ” INCLUDES THE SPOUSE AND DEPENDENT 10
CHILDREN OF A SERVIC E MEMBER OR VETERAN RELATED BY BLOOD , MARRIAGE, OR 11
ADOPTION. 12
(H) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 13
[(d)] (I) “Secretary” means the Secretary of Veterans and Military Families. 14
(J) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS A MEMBER OF: 15
(1) THE UNIFORMED SERVIC ES; OR 16
(2) A RESERVE COMPONENT OF THE UNIFORMED SER VICES. 17
[(e)] (K) “Trust” means the Maryland Veterans Trust. 18
(L) “UNIFORMED SERVICES” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 19
[(f)] (M) Except as otherwise provided [in this subtitle], “veteran” [means an 20
individual who served on active duty in the armed forces of the United States, other than 21
for training, and was discharged or released under conditions other than dishonorable] HAS 22
THE MEANING STATED I N 38 U.S.C. § 101. 23
9–902. 24
(a) There is a Department of Veterans and Military Families, established as a 25
principal department of the State government. 26
SENATE BILL 275 7
(b) The head of the Department is the Secretary of Veterans and Military 1
Families who shall be: 2
(1) a veteran [who has an honorable discharge from active service with a 3
uniformed service of the United States]; and 4
(2) appointed by the Governor with the advice and consent of the Senate. 5
(c) (1) The Secretary serves at the pleasure of the Governor and is responsible 6
directly to the Governor. The Secretary shall advise the Governor on all matters assigned 7
to the Department and is responsible for carrying out the Governor’s policies on these 8
matters. 9
(2) The Secretary is responsible for: 10
(I) the operation of the Department and shall establish guidelines 11
and procedures to promote the orderly and efficient operation of the Department; AND 12
(II) THE DEVELOPMEN T OF COORDINATED POLICIES FOR 13
LEADING VETERANS , SERVICE MEMBERS , AND THEIR FAMILIES T HROUGH LIFE ’S 14
TRANSITIONS, INCLUDING ASSISTING IN SECURING BENEFITS EARNED THROUGH 15
SERVICE IN THE UNIFORMED SER VICES AND RESERVE CO MPONENTS . 16
(3) Subject to the provisions of this subtitle, the Secretary may establish, 17
reorganize, or consolidate areas of responsibility in the Department as necessary to fulfill 18
the duties assigned by the Secretary. 19
(4) The Secretary shall adopt regulations necessary to carry out the 20
provisions of this subtitle. 21
(d) The Secretary is entitled to the salary provided in the State budget. 22
9–906. 23
(a) (1) In this section the following words have the meanings indicated. 24
(5) In this section and in § 9–907 of this subtitle, “veteran” means an 25
individual who: 26
(i) served other than dishonorably on active duty in the [armed 27
forces of the United States] UNIFORMED SERVICES ; or 28
(ii) served other than dishonorably as a member of the State militia 29
ordered into active service [of the United States] by order of the President and was killed 30
in the line of duty. 31
8 SENATE BILL 275
(f) To qualify for a plot in a State veterans’ cemetery: 1
(1) the applicant must be a veteran who meets the requirements for burial 2
at a national veterans’ cemetery or an eligible spouse or dependent of a veteran who meets 3
the requirements of this subsection; and 4
(2) if a veteran, the veteran must also have been a resident of the State: 5
(i) when the veteran entered the [armed forces] UNIFORMED 6
SERVICES; 7
(ii) when the veteran died; or 8
(iii) for 2 years, unless, for a reason that the Department finds 9
compelling, the Department waives the time period. 10
9–910. 11
(b) (1) The Department may appoint a Director for the home and employ any 12
other staff that is needed to manage the home properly. 13
(2) In appointing or employing staff, the Department shall give preference 14
to a veteran [who has an honorable discharge from the armed forces]. 15
(3) The Director shall: 16
(i) serve at the pleasure of the Secretary; and 17
(ii) perform any duty that the Department requires. 18
9–911. 19
(a) In accordance with the regulations of the Department and applicable law, the 20
home shall be open: 21
(1) to a veteran who[: 22
(i) has an honorable discharge from active service with a uniformed 23
service of the United States; and 24
(ii)] is a resident of the State as defined in regulations adopted by the 25
Secretary; or 26
(2) to a spouse of an eligible veteran. 27
9–946. 28
SENATE BILL 275 9
The Secretary shall submit a report by December 31 of each year to the Governor 1
and, in accordance with § 2–1257 of this article, the General Assembly, that includes: 2
(6) the estimated impact current [military] operations are likely to have 3
on the needs of veterans in the future; 4
(7) the status of federal veterans programs as they relate to Maryland 5
veterans; [and] 6
(8) any other issues concerning veterans that the Secretary considers 7
appropriate; AND 8
(9) ANY OTHER ISSUES CON CERNING SERVICE MEMB ERS, INCLUDING 9
ISSUES UNIQUELY PERT AINING TO ACTIVE SER VICE MEMBERS THAT TH E 10
SECRETARY CONSIDERS APPROPRIAT E. 11
9–957. 12
(a) (1) In this section the following words have the meanings indicated. 13
(2) “Eligible veteran” means [an individual who: 14
(i) served on active duty in: 15
1. the armed forces of the United States; 16
2. the National Guard; or 17
3. a reserve component of the armed forces of the United 18
States; 19
(ii) served in a capacity other than for training; 20
(iii) was discharged or released under conditions other than 21
dishonorable; and] A VETERAN WHO : 22
[(iv) 1.] (I) is a resident of the State; or 23
[2.] (II) receives treatment or care from a U.S. Department of 24
Veterans Affairs or U.S. Department of Defense medical facility in the State. 25
20–101. 26
(a) In Subtitles 1 through 11 of this title the following words have the meanings 27
indicated. 28
10 SENATE BILL 275
(f) “Military status” means the status of being: 1
(1) a member of the uniformed services[, as defined in 10 U.S.C. § 101]; 2
(2) a member of a reserve component of the [armed forces of the United 3
States, as listed in 10 U.S.C. § 10101] UNIFORMED SERVICES ; or 4
(3) a dependent, as defined in 50 U.S.C. § 3911(4). 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2025. 7