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.
*sb0275*
SENATE BILL 275
P1, G1, D5 5lr0622
CF HB 448
By: Senators Simonaire, Salling, Jennings, Gallion, Mautz, and Bailey
Introduced and read first time: January 10, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 16, 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
BY repealing and reenacting, with amendments, 21
Article – Election Law 22 2 SENATE BILL 275
Section 1–101(b–1) and (b–2), 3–202.1(a), and 5–304(b) 1
Annotated Code of Maryland 2
(2022 Replacement Volume and 2024 Supplement) 3
BY adding to 4
Article – General Provisions 5
Section 1–101.1, 1–101.2, 1–103.1, 1–114.1, 1–114.2, and 1–116 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2024 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – General Provisions 10
Section 1–117 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Public Utilities 15
Section 18–111 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2024 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – State Government 20
Section 2–104(d), 3–303(a), 9–901, 9–902, 9–906(a)(5) and (f), 9–906, 9–907, 21
9–910(b), 9–911(a), 9–946(6) through (8), 9–957(a)(2), and 20–101(f) 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2024 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – State Government 26
Section 9–906(a)(1), 9–957(a)(1), and 20–101(a) 27
Annotated Code of Maryland 28
(2021 Replacement Volume and 2024 Supplement) 29
BY adding to 30
Article – State Government 31
Section 9–946(9) 32
Annotated Code of Maryland 33
(2021 Replacement Volume and 2024 Supplement) 34
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 35
That the Laws of Maryland read as follows: 36
Article – Election Law 37
1–101. 38 SENATE BILL 275 3
(a) In this article the following words have the meanings indicated unless a 1
different meaning is clearly intended from the context. 2
(B–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 3
GOVERNMENT ARTICLE. 4
[(b–1)] (B–2) “Address confidentiality program” means the Address 5
Confidentiality Program administered by the Secretary of State under Title 7, Subtitle 3 of 6
the State Government Article. 7
[(b–2)] (B–3) “Administrative policy affecting voting rights” means any action 8
relating to voter registration, provisional voting, absentee voting, or the location of a polling 9
place or early voting center. 10
(TT–1) “UNIFORMED SERVICES” HAS THE MEANING STAT ED IN § 9–901 11
OF THE STATE GOVERNMENT ARTICLE. 12
3–202.1. 13
(a) (1) In this section the following words have the meanings indicated. 14
(2) “Common access card” means the identification card issued by the U.S. 15
Department of Defense to active–duty [military personnel] MEMBERS OF THE 16
UNIFORMED SERVICES , eligible [reserve personnel] MEMBERS OF A RESERVE 17
COMPONENT , Department of Defense civilian employees, and eligible Department of 18
Defense contractor personnel. 19
(3) “Federal post card application” means the form prescribed under 52 20
U.S.C. § 20301(b)(2) that may be used by absent uniformed services voters and overseas 21
voters to simultaneously apply to register to vote and apply for an absentee ballot. 22
(4) “RESERVE COMPONENT ” HAS THE MEANING STATED IN § 9–901 23
OF THE STATE GOVERNMENT ARTICLE. 24
(5) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 25
OF THE STATE GOVERNMENT ARTICLE. 26
5–304. 27
(b) A certificate of candidacy may be filed as permitted under subsection (a)(1)(ii) 28
of this section, if: 29
(1) the individual filing the certificate is unable to do so in person because 30
of illness, [military] service IN THE UNIFORMED SER VICES, or temporary absence from 31
the State; and 32 4 SENATE BILL 275
(2) the certificate is accompanied by an affidavit signed by the individual 1
filing the certificate setting forth fully the facts that prevent that individual from filing the 2
certificate in person. 3
Article – General Provisions 4
1–101.1. 5
“ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 6
GOVERNMENT ARTICLE. 7
1–101.2. 8
“ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 9
STATE GOVERNMENT ARTICLE. 10
1–103.1. 11
“ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 12
GOVERNMENT ARTICLE. 13
1–114.1. 14
“RESERVE COMPONENT ” HAS THE MEANI NG STATED IN § 9–901 OF THE STATE 15
GOVERNMENT ARTICLE. 16
1–114.2. 17
“SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 18
GOVERNMENT ARTICLE. 19
1–116. 20
“UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 21
GOVERNMENT ARTICLE. 22
1–117. 23
(A) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 24
GOVERNMENT ARTICLE. 25
(B) With respect to any State program of benefits, rights, or privileges applicable 26
to a veteran under this Code, “veteran” includes[, if the individual is eligible under 38 27
U.S.C. § 101, a member of the commissioned corps of: 28 SENATE BILL 275 5
(1) the Public Health Service; or 1
(2) the National Oceanic and Atmospheric Administration or its 2
predecessor, the Coast and Geodetic Survey] AN INDIVIDUAL WHO ME ETS THE 3
DEFINITION OF “VETERAN” UNDER § 9–901 OF THE STATE GOVERNMENT ARTICLE. 4
Article – Public Utilities 5
18–111. 6
(a) (1) In this section, [“eligible veteran” means THE FOLLOWING WORDS 7
HAVE THE MEANINGS IN DICATED. 8
(2) “ELIGIBLE VETERAN ” MEANS a veteran of any branch of the armed 9
forces of the United States UNIFORMED SERVICES who has received an honorable 10
discharge or a certificate of satisfactory completion of military service, including: 11
(1) the National Guard; 12
(2) the military reserves; 13
(3) (I) A RESERVE COMPONENT ; 14
(II) the Commissioned Corps of the Public Health Service; and 15
(4) (III) the Commissioned Corps of the National Oceanic and 16
Atmospheric Administration] “VETERAN” HAS. 17
(3) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 18
OF THE STATE GOVERNMENT ARTICLE. 19
(4) “VETERAN” HAS THE MEANING STATED I N § 9–901 OF THE STATE 20
GOVERNMENT ARTICLE. 21
(b) The Commission may grant a preference in hiring and promotion to: 22
(1) [an eligible] A veteran; 23
(2) the spouse of [an eligible] A veteran who has a service–connected 24
disability; or 25
(3) the surviving spouse of a deceased [eligible] veteran. 26
(c) Granting a preference under subsection (b) of this section does not violate any 27
State or local equal employment opportunity law. 28 6 SENATE BILL 275
Article – State Government 1
2–104. 2
(d) Any full–time permanent employee of the General Assembly of Maryland or 3
the Department of Legislative Services who separates from State service and returns to 4
State service in the Executive or Judicial Branch within 3 years from the time of separation 5
from active duty, AS DEFINED IN § 9–901 OF THIS ARTICLE , shall be eligible for 6
reinstatement and shall receive full credit for any prior State service. 7
3–303. 8
(a) The Governor is the commander–in–chief of the land and naval militia of the 9
State, except for any part of the militia that is in the active [military] service of the [United 10
States] UNIFORMED SERVICES . 11
9–901. 12
(a) In this subtitle the following words have the meanings indicated. 13
(B) “ACTIVE DUTY” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 14
(C) “ACTIVE SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS: 15
(1) AN ACTIVE DUTY MEMBE R OF THE UNIFORMED S ERVICES; OR 16
(2) SERVING IN A RESERVE COMPONENT OF THE UNIFORMED 17
SERVICES ON ACTIVE D UTY ORDERS. 18
(D) “ARMED FORCES ” HAS THE MEANING STAT ED IN 10 U.S.C. § 101. 19
[(b)] (E) “Board” means the Board of Trustees of the Maryland Veterans Trust. 20
[(c)] (F) “Department” means the Department of Veterans and Military 21
Families. 22
(G) “MILITARY FAMILY ” INCLUDES THE SPOUSE AND DEPENDENT 23
CHILDREN OF A SERVIC E MEMBER OR VETERAN RELATED BY BLOOD , MARRIAGE, OR 24
ADOPTION. 25
(H) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 26
[(d)] (I) “Secretary” means the Secretary of Veterans and Military Families. 27
(J) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS A MEMBER OF : 28 SENATE BILL 275 7
(1) THE UNIFORMED SERVIC ES; OR 1
(2) A RESERVE COMPONENT OF THE UNIFORMED SER VICES. 2
[(e)] (K) “Trust” means the Maryland Veterans Trust. 3
(L) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 4
[(f)] (M) Except as otherwise provided [in this subtitle], “veteran” [means an 5
individual who served on active duty in the armed forces of the United States, other than 6
for training, and was discharged or released under conditions other than dishonorable] HAS 7
THE MEANING STATED I N 38 U.S.C. § 101. 8
9–902. 9
(a) There is a Department of Veterans and Military Families, established as a 10
principal department of the State government. 11
(b) The head of the Department is the Secretary of Veterans and Military 12
Families who shall be: 13
(1) a veteran [who has an honorable discharge from active service with a 14
uniformed service of the United States]; and 15
(2) appointed by the Governor with the advice and consent of the Senate. 16
(c) (1) The Secretary serves at the pleasure of the Governor and is responsible 17
directly to the Governor. The Secretary shall advise the Governor on all matters assigned 18
to the Department and is responsible for carrying out the Governor’s policies on these 19
matters. 20
(2) The Secretary is responsible for: 21
(I) the operation of the Department and shall establish guidelines 22
and procedures to promote the orderly and efficient operation of the Department; AND 23
(II) THE DEVELOPMENT OF COORD INATED POLICIES FOR 24
LEADING VETERANS , SERVICE MEMBERS , AND THEIR FAMILIES T HROUGH LIFE ’S 25
TRANSITIONS, INCLUDING ASSISTING IN SECURING BENEFITS EARNED THROUGH 26
SERVICE IN THE UNIFO RMED SERVICES AND RE SERVE COMPONENTS . 27
(3) Subject to the provisions of this subtitle, the Secretary may establish, 28
reorganize, or consolidate areas of responsibility in the Department as necessary to fulfill 29
the duties assigned by the Secretary. 30
8 SENATE BILL 275
(4) The Secretary shall adopt regulations necessary to carry out the 1
provisions of this subtitle. 2
(d) The Secretary is entitled to the salary provided in the State budget. 3
9–906. 4
(a) (1) In this section the following words have the meanings indicated. 5
(5) In this section and in § 9–907 of this subtitle, “veteran” means an 6
individual who: 7
(i) served other than dishonorably on active duty in the [armed 8
forces of the United States] UNIFORMED SERVICES ; or 9
(ii) served other than dishonorably as a member of the State militia 10
ordered into active service [of the United States] by order of the President and was killed 11
in the line of duty. 12
(f) To qualify for a plot in a State veterans’ cemetery: 13
(1) the applicant must be a veteran who meets the requirements for burial 14
at a national veterans’ cemetery or an eligible spouse or dependent of a veteran who meets 15
the requirements of this subsection; and 16
(2) if a veteran, the veteran must also have been a resident of the State: 17
(i) when the veteran entered the [armed forces] UNIFORMED 18
SERVICES; 19
(ii) when the veteran died; or 20
(iii) for 2 years, unless, for a reason that the Department finds 21
compelling, the Department waives the time period. 22
9–906. 23
(a) (1) In this section the following words have the meanings indicated. 24
(2) IN THIS SECTION AND IN § 9–907 OF THIS SUBTITLE , “ELIGIBLE 25
DECEDENT” MEANS: 26
(I) A VETERAN; 27
(II) A QUALIFIED RESERVE MEMBER; OR 28
SENATE BILL 275 9
(III) AN ELIGIBLE SPOUSE O R DEPENDENT . 1
(3) “Eligible dependent” means: 2
(i) a child who meets the requirements stated in 38 C.F.R. § 3
38.620(e); [or] 4
(ii) a parent who meets the requirements stated in 38 C.F.R. § 5
38.620(i); OR 6
(III) A PARENT OR CHILD RE LATED BY BLOOD , MARRIAGE, OR 7
ADOPTION OF A QUALIF IED RESERVE MEMBER . 8
[(3)] (4) “Eligible spouse” means: 9
(I) a spouse who meets the requirements stated in 38 C.F.R. § 10
38.620(e); OR 11
(II) A SPOUSE OF A QUALIF IED RESERVE MEMBER . 12
(5) “QUALIFIED RESERVE MEM BER” MEANS A RESERVE COMP ONENT 13
MEMBER WHO DOES NOT MEET THE REQUIREMENT S FOR BURIAL AT A NA TIONAL 14
VETERANS’ CEMETERY BUT SERVED OTHER THAN DISHONORA BLY AND COMPLETED 15
THE INDIVIDUAL ’S CONTRACTUAL OBLIGA TION OF SERVICE. 16
[(4)] (6) “State veterans’ cemetery” means a cemetery that the 17
Department establishes under this section. 18
[(5) In this section and in § 9–907 of this subtitle, “veteran” means an 19
individual who: 20
(i) served other than dishonorably on active duty in the armed 21
forces of the United States; or 22
(ii) served other than dishonorably as a member of the State militia 23
ordered into active service of the United States by order of the President and was killed in 24
the line of duty. 25
(6)] (7) “Washington Cemetery” means the Civil War cemetery grounds 26
authorized by Chapter 213 of the Acts of the General Assembly of 1870. 27
(b) The Department may establish one or more cemeteries in the State for the 28
burial of [veterans and their eligible spouse or dependents] ELIGIBLE DECEDENTS as 29
authorized by the Secretary. 30
10 SENATE BILL 275
(c) The Department may accept land, on behalf of the State or a political 1
subdivision of the State, or otherwise acquire land for a State veterans’ cemetery, if the 2
Department has the approval of: 3
(1) the governing body of the county where the State veterans’ cemetery is 4
to be located; 5
(2) the delegation in the General Assembly for the county where the State 6
veterans’ cemetery is to be located; and 7
(3) the Board of Public Works. 8
(d) (1) The Department shall maintain and supervise each State veterans’ 9
cemetery. 10
(2) The Washington Cemetery shall be under the supervision of the 11
Department. 12
(e) The Department shall provide a plot in a State veterans’ cemetery, without 13
charge, to a veteran OR A VETERAN’S ELIGIBLE SPOUSE OR DEPENDENT who meets the 14
requirements of this section. 15
(f) To qualify for a plot in a State veterans’ cemetery: 16
(1) the [applicant] ELIGIBLE DECEDENT must be: 17
(I) a veteran who meets the requirements for burial at a national 18
veterans’ cemetery; 19
(II) A QUALIFIED RESERVE MEMBER; or 20
(III) an eligible spouse or dependent [of a veteran] who meets the 21
requirements of this subsection; and 22
(2) if a [veteran, the veteran] QUALIFIED RESERVE ME MBER, THE 23
QUALIFIED RESERVE ME MBER must also have been a resident of the State: 24
(i) when the [veteran] QUALIFIED RESERVE ME MBER entered the 25
[armed forces] RESERVE COMPONENT ; 26
(ii) when the [veteran] QUALIFIED RESERVE ME MBER died; or 27
(iii) for 2 years, unless, for a reason that the Department finds 28
compelling, the Department waives the time period. 29
SENATE BILL 275 11
(g) To obtain a plot in a State veterans’ cemetery, an applicant shall submit to 1
the Department an application on the form that the Department provides. 2
(h) (1) In a plot that is allotted to a veteran OR A QUALIFIED RESER VE 3
MEMBER, the Department shall bury: 4
(i) the veteran OR QUALIFIED RESERVE ME MBER; and 5
(ii) any member of the immediate family who is an eligible spouse or 6
dependent [of the veteran] if the family member can be buried in a space above or below 7
the veteran OR QUALIFIED RESERVE MEMBER or in the next available plot. 8
(2) With each plot, the Department shall provide a grave liner at no cost 9
for the veteran or THE VETERAN ’S eligible spouse or dependent. 10
(i) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 11
SUBSECTION, THE Department [shall bury the] MAY NOT CHARGE A veteran or A 12
VETERAN’S eligible spouse or dependent [without charge] FOR BURIAL. 13
(2) IF THE INDIVIDUAL BEI NG BURIED IS A QUALI FIED RESERVE 14
MEMBER OR A QUALIFIE D RESERVE MEMBER ’S ELIGIBLE SPOUSE OR DEPENDENT , 15
THE DEPARTMENT SHALL COLL ECT AT THE TIME OF BUR IAL A FEE THAT IS EQ UAL 16
TO THE ANNUAL PLOT A LLOWANCE ESTABLISHED BY THE NATIONAL CEMETERY 17
ADMINISTRATION . 18
9–907. 19
The Department shall keep a registry of the graves of [veterans and family members 20
of veterans] ELIGIBLE DECEDENTS who are buried in the State veterans’ cemeteries. 21
9–910. 22
(b) (1) The Department may appoint a Director for the home and employ any 23
other staff that is needed to manage the home properly. 24
(2) In appointing or employing staff, the Department shall give preference 25
to a veteran [who has an honorable discharge from the armed forces UNIFORMED 26
SERVICES]. 27
(3) The Director shall: 28
(i) serve at the pleasure of the Secretary; and 29
(ii) perform any duty that the Department requires. 30
12 SENATE BILL 275
9–911. 1
(a) In accordance with the regulations of the Department and applicable law, the 2
home shall be open: 3
(1) to a veteran who[: 4
(i) has an honorable discharge from active service with a uniformed 5
service of the United States; and 6
(ii)] is a resident of the State as defined in regulations adopted by the 7
Secretary; or 8
(2) to a spouse of an eligible veteran. 9
9–946. 10
The Secretary shall submit a report by December 31 of each year to the Governor 11
and, in accordance with § 2–1257 of this article, the General Assembly, that includes: 12
(6) the estimated impact current [military] operations are likely to have 13
on the needs of veterans in the future; 14
(7) the status of federal veterans programs as they relate to Maryland 15
veterans; [and] 16
(8) any other issues concerning veterans that the Secretary considers 17
appropriate; AND 18
(9) ANY OTHER ISSUES CON CERNING SERVICE MEMB ERS, INCLUDING 19
ISSUES UNIQUELY PERT AINING TO ACTIVE SER VICE MEMBERS THAT TH E 20
SECRETARY CONSIDERS A PPROPRIATE . 21
9–957. 22
(a) (1) In this section the following words have the meanings indicated. 23
(2) “Eligible veteran” means [an individual who: 24
(i) served on active duty in: 25
1. the armed forces of the United States; 26
2. the National Guard; or 27
SENATE BILL 275 13
3. a reserve component of the armed forces of the United 1
States; 2
(ii) served in a capacity other than for training; 3
(iii) was discharged or released under conditions other than 4
dishonorable; and] A VETERAN WHO : 5
[(iv) 1.] (I) is a resident of the State; or 6
[2.] (II) receives treatment or care from a U.S. Department 7
of Veterans Affairs or U.S. Department of Defense medical facility in the State. 8
20–101. 9
(a) In Subtitles 1 through 11 of this title the following words have the meanings 10
indicated. 11
(f) “Military status” means the status of being: 12
(1) a member of the uniformed services[, as defined in 10 U.S.C. § 101]; 13
(2) a member of a reserve component of the [armed forces of the United 14
States, as listed in 10 U.S.C. § 10101] UNIFORMED SERVICES ; or 15
(3) a dependent, as defined in 50 U.S.C. § 3911(4). 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2025. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.