Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW . | |
4 | 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 | 5 | *sb0278* | |
9 | 6 | ||
10 | 7 | SENATE BILL 278 | |
11 | 8 | P1, P6, P4 5lr0759 | |
12 | - | CF HB 691 | |
13 | - | By: Senators Simonaire, Salling, Jennings, Gallion, Mautz, and Bailey Bailey, | |
14 | - | Benson, Corderman, Guzzone, Hettleman, M. Jackson, King, Lewis Young, | |
15 | - | McCray, Rosapepe, and Zucker Zucker, and Hester | |
9 | + | CF 5lr2402 | |
10 | + | By: Senators Simonaire, Salling, Jennings, Gallion, Mautz, and Bailey | |
16 | 11 | Introduced and read first time: January 10, 2025 | |
17 | 12 | Assigned to: Budget and Taxation and Education, Energy, and the Environment | |
18 | - | Committee Report: Favorable with amendments | |
19 | - | Senate action: Adopted with floor amendments | |
20 | - | Read second time: February 24, 2025 | |
21 | 13 | ||
22 | - | ||
14 | + | A BILL ENTITLED | |
23 | 15 | ||
24 | 16 | AN ACT concerning 1 | |
25 | 17 | ||
26 | - | Tax Relief and Pensions | |
18 | + | Tax Relief and Pensions Equality for Service Members Act 2 | |
27 | 19 | ||
28 | 20 | FOR the purpose of establishing rules of interpretation related to the uniformed services; 3 | |
29 | 21 | altering the rule of interpretation for “veteran”; altering the application of certain 4 | |
30 | 22 | provisions of law governing personnel, pensions, and taxation to apply to all 5 | |
31 | 23 | uniformed services, rather than only the armed forces; and generally relating to 6 | |
32 | 24 | veterans and uniformed services. 7 | |
33 | 25 | ||
34 | 26 | BY adding to 8 | |
35 | 27 | Article – General Provisions 9 | |
36 | 28 | Section 1–101.1, 1–101.2, 1–103.1, 1–114.1, 1–114.2, and 1–116 10 | |
37 | 29 | Annotated Code of Maryland 11 | |
38 | 30 | (2019 Replacement Volume and 2024 Supplement) 12 | |
39 | 31 | ||
40 | 32 | BY repealing and reenacting, with amendments, 13 | |
41 | 33 | Article – General Provisions 14 | |
42 | 34 | Section 1–117 15 | |
43 | 35 | Annotated Code of Maryland 16 | |
44 | 36 | (2019 Replacement Volume and 2024 Supplement) 17 | |
45 | 37 | ||
46 | 38 | BY repealing and reenacting, without amendments, 18 | |
47 | 39 | Article – Local Government 19 | |
48 | - | Section 1–101(a) 20 2 SENATE BILL 278 | |
40 | + | Section 1–101(a) 20 | |
41 | + | Annotated Code of Maryland 21 | |
42 | + | (2013 Volume and 2024 Supplement) 22 | |
43 | + | ||
44 | + | BY adding to 23 | |
45 | + | Article – Local Government 24 | |
46 | + | Section 1–101(k) and (l) 25 | |
47 | + | Annotated Code of Maryland 26 | |
48 | + | (2013 Volume and 2024 Supplement) 27 2 SENATE BILL 278 | |
49 | 49 | ||
50 | 50 | ||
51 | - | Annotated Code of Maryland 1 | |
52 | - | (2013 Volume and 2024 Supplement) 2 | |
53 | 51 | ||
54 | - | BY | |
55 | - | Article – Local Government | |
56 | - | Section 1– | |
57 | - | Annotated Code of Maryland | |
58 | - | (2013 Volume and 2024 Supplement) | |
52 | + | BY repealing and reenacting, with amendments, 1 | |
53 | + | Article – Local Government 2 | |
54 | + | Section 1–203 and 1–204(a) and (d) 3 | |
55 | + | Annotated Code of Maryland 4 | |
56 | + | (2013 Volume and 2024 Supplement) 5 | |
59 | 57 | ||
60 | - | BY repealing and reenacting, with amendments, | |
61 | - | Article – | |
62 | - | Section | |
63 | - | Annotated Code of Maryland | |
64 | - | ( | |
58 | + | BY repealing and reenacting, with amendments, 6 | |
59 | + | Article – State Government 7 | |
60 | + | Section 9–901 8 | |
61 | + | Annotated Code of Maryland 9 | |
62 | + | (2021 Replacement Volume and 2024 Supplement) 10 | |
65 | 63 | ||
66 | - | BY repealing and reenacting, | |
67 | - | Article – State | |
68 | - | Section 9– | |
69 | - | Annotated Code of Maryland | |
70 | - | ( | |
64 | + | BY repealing and reenacting, without amendments, 11 | |
65 | + | Article – State Personnel and Pensions 12 | |
66 | + | Section 1–101(a), 9–1104(a), and 38–101(a) 13 | |
67 | + | Annotated Code of Maryland 14 | |
68 | + | (2024 Replacement Volume and 2024 Supplement) 15 | |
71 | 69 | ||
72 | - | BY | |
73 | - | Article – State Personnel and Pensions | |
74 | - | Section 1–101(a), and | |
75 | - | Annotated Code of Maryland | |
76 | - | (2024 Replacement Volume and 2024 Supplement) | |
70 | + | BY adding to 16 | |
71 | + | Article – State Personnel and Pensions 17 | |
72 | + | Section 1–101(a–1), (a–2), (b–1), (h–1), (l–1), (r), and (s) and 38–101(b–1) and (e–1) 18 | |
73 | + | Annotated Code of Maryland 19 | |
74 | + | (2024 Replacement Volume and 2024 Supplement) 20 | |
77 | 75 | ||
78 | - | BY adding to 23 | |
79 | - | Article – State Personnel and Pensions 24 | |
80 | - | Section 1–101(a–1), (a–2), (b–1), (h–1), (l–1), (r), and (s) and 38–101(b–1) and (e–1) 25 | |
81 | - | Annotated Code of Maryland 26 | |
82 | - | (2024 Replacement Volume and 2024 Supplement) 27 | |
76 | + | BY repealing and reenacting, with amendments, 21 | |
77 | + | Article – State Personnel and Pensions 22 | |
78 | + | Section 2–701, 2–703, 2–704, 2–707(a), 7–203(b)(1)(i), 7–207(c), 9–1104(b)(3), 23 | |
79 | + | 38–101(d), 38–103(d), and 38–104(c) 24 | |
80 | + | Annotated Code of Maryland 25 | |
81 | + | (2024 Replacement Volume and 2024 Supplement) 26 | |
83 | 82 | ||
84 | - | BY repealing and reenacting, with amendments, 28 | |
85 | - | Article – State Personnel and Pensions 29 | |
86 | - | Section 2–701, 2–703, 2–704, 2–705(b), 2–706(b) and (c), 2–707(a), 7–203(b)(1)(i), 30 | |
87 | - | 7–207(c), and 9–1104(b)(3), 38–101(d), 38–103(d), and 38–104(c) 31 | |
88 | - | Annotated Code of Maryland 32 | |
89 | - | (2024 Replacement Volume and 2024 Supplement) 33 | |
83 | + | BY repealing and reenacting, without amendments, 27 | |
84 | + | Article – Tax – General 28 | |
85 | + | Section 1–101(a), 10–101(a), 10–207(a), and 10–208(a) and (i–1)(2) and (4) 29 | |
86 | + | Annotated Code of Maryland 30 | |
87 | + | (2022 Replacement Volume and 2024 Supplement) 31 | |
90 | 88 | ||
91 | - | BY | |
92 | - | Article – Tax – General | |
93 | - | Section 1–101( | |
94 | - | Annotated Code of Maryland | |
95 | - | (2022 Replacement Volume and 2024 Supplement) | |
89 | + | BY adding to 32 | |
90 | + | Article – Tax – General 33 | |
91 | + | Section 1–101(r–1), (x), and (y) and 10–101(a–1) 34 | |
92 | + | Annotated Code of Maryland 35 | |
93 | + | (2022 Replacement Volume and 2024 Supplement) 36 | |
96 | 94 | ||
97 | - | BY adding to 39 SENATE BILL 278 3 | |
95 | + | BY repealing and reenacting, with amendments, 37 | |
96 | + | Article – Tax – General 38 SENATE BILL 278 3 | |
98 | 97 | ||
99 | 98 | ||
100 | - | | |
101 | - | ||
99 | + | Section 10–207(p) and (q), 10–208(i–1)(3)(iii)3., 11–204(a)(8), 11–206(d)(2), and 1 | |
100 | + | 13–908(b) 2 | |
102 | 101 | Annotated Code of Maryland 3 | |
103 | 102 | (2022 Replacement Volume and 2024 Supplement) 4 | |
104 | 103 | ||
105 | - | BY repealing and reenacting, with amendments, 5 | |
106 | - | Article – Tax – General 6 | |
107 | - | Section 10–207(p) and (q), 10–208(i–1)(3)(iii)3., 11–204(a)(8), 11–206(d)(2), and 7 | |
108 | - | 13–908(b) 8 | |
109 | - | Annotated Code of Maryland 9 | |
110 | - | (2022 Replacement Volume and 2024 Supplement) 10 | |
104 | + | BY repealing and reenacting, without amendments, 5 | |
105 | + | Article – Tax – Property 6 | |
106 | + | Section 1–101(a), 7–208(a)(1) and (b), 9–102(a)(1), (b), and (h), 9–258(a)(1), (2), and 7 | |
107 | + | (3)(v) and (b), 9–265(b), 10–204(a) and (b)(1) and (3), and 10–204.2(a) and 8 | |
108 | + | (b)(1) and (3) 9 | |
109 | + | Annotated Code of Maryland 10 | |
110 | + | (2019 Replacement Volume and 2024 Supplement) 11 | |
111 | 111 | ||
112 | - | BY repealing and reenacting, without amendments, 11 | |
113 | - | Article – Tax – Property 12 | |
114 | - | Section 1–101(a), 7–208(a)(1) and (b), 9–102(a)(1), (b), and (h), 9–258(a)(1), (2), and 13 | |
115 | - | (3)(v) and (b), 9–265(b), 10–204(a) and (b)(1) and (3), and 10–204.2(a) and 14 | |
116 | - | (b)(1) and (3) 15 | |
117 | - | Annotated Code of Maryland 16 | |
118 | - | (2019 Replacement Volume and 2024 Supplement) 17 | |
112 | + | BY adding to 12 | |
113 | + | Article – Tax – Property 13 | |
114 | + | Section 1–101(a–1), (a–2), (hh–1), (jj–1), (oo–1), and (rr) 14 | |
115 | + | Annotated Code of Maryland 15 | |
116 | + | (2019 Replacement Volume and 2024 Supplement) 16 | |
119 | 117 | ||
120 | - | BY adding to 18 | |
121 | - | Article – Tax – Property 19 | |
122 | - | Section 1–101(a–1), (a–2), (hh–1), (jj–1), (oo–1), and (rr) 20 | |
118 | + | BY repealing and reenacting, with amendments, 17 | |
119 | + | Article – Tax – Property 18 | |
120 | + | Section 7–208(a)(2) and (3), 9–102(a)(9)(ii)3., 9–219(a)(2)(iii), 9–258(a)(3)(ii) through 19 | |
121 | + | (iv), 9–265(a), 10–204(b)(2)(ii)3., and 10–204.2(b)(2)(ii)3. 20 | |
123 | 122 | Annotated Code of Maryland 21 | |
124 | 123 | (2019 Replacement Volume and 2024 Supplement) 22 | |
125 | 124 | ||
126 | - | BY repealing and reenacting, with amendments, 23 | |
127 | - | Article – Tax – Property 24 | |
128 | - | Section 7–208(a)(2) and (3), 9–102(a)(9)(ii)3., 9–219(a)(2)(iii), 9–258(a)(3)(ii) through 25 | |
129 | - | (iv), 9–265(a), 10–204(b)(2)(ii)3., and 10–204.2(b)(2)(ii)3. 26 | |
130 | - | Annotated Code of Maryland 27 | |
131 | - | (2019 Replacement Volume and 2024 Supplement) 28 | |
125 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 | |
126 | + | That the Laws of Maryland read as follows: 24 | |
132 | 127 | ||
133 | - | SECTION 1. BE IT ENACTED BY THE GENE RAL ASSEMBLY OF MARYLAND, 29 | |
134 | - | That the Laws of Maryland read as follows: 30 | |
128 | + | Article – General Provisions 25 | |
135 | 129 | ||
136 | - | ||
130 | + | 1–101.1. 26 | |
137 | 131 | ||
138 | - | 1–101.1. 32 | |
132 | + | “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 27 | |
133 | + | GOVERNMENT ARTICLE. 28 | |
139 | 134 | ||
140 | - | “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 33 | |
135 | + | 1–101.2. 29 | |
136 | + | ||
137 | + | “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 30 | |
138 | + | STATE GOVERNMENT ARTICLE. 31 | |
139 | + | ||
140 | + | 1–103.1. 32 | |
141 | + | ||
142 | + | “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 33 | |
141 | 143 | GOVERNMENT ARTICLE. 34 | |
142 | - | ||
143 | - | 1–101.2. 35 | |
144 | 144 | 4 SENATE BILL 278 | |
145 | 145 | ||
146 | 146 | ||
147 | - | “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 1 | |
148 | - | STATE GOVERNMENT ARTICLE. 2 | |
147 | + | 1–114.1. 1 | |
149 | 148 | ||
150 | - | 1–103.1. 3 | |
149 | + | “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 2 | |
150 | + | GOVERNMENT ARTICLE. 3 | |
151 | 151 | ||
152 | - | “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 4 | |
153 | - | GOVERNMENT ARTICLE. 5 | |
152 | + | 1–114.2. 4 | |
154 | 153 | ||
155 | - | 1–114.1. 6 | |
154 | + | “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 5 | |
155 | + | GOVERNMENT ARTICLE. 6 | |
156 | 156 | ||
157 | - | “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 7 | |
158 | - | GOVERNMENT ARTICLE. 8 | |
157 | + | 1–116. 7 | |
159 | 158 | ||
160 | - | 1–114.2. 9 | |
159 | + | “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 8 | |
160 | + | GOVERNMENT ARTICLE. 9 | |
161 | 161 | ||
162 | - | “SERVICE MEMBER” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 10 | |
163 | - | GOVERNMENT ARTICLE. 11 | |
162 | + | 1–117. 10 | |
164 | 163 | ||
165 | - | 1–116. 12 | |
164 | + | With respect to any State program of benefits, rights, or privileges applicable to a 11 | |
165 | + | veteran under this Code, “veteran” includes[, if the individual is eligible under 38 U.S.C. § 12 | |
166 | + | 101, a member of the commissioned corps of: 13 | |
166 | 167 | ||
167 | - | “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 13 | |
168 | - | GOVERNMENT ARTICLE. 14 | |
168 | + | (1) the Public Health Service; or 14 | |
169 | 169 | ||
170 | - | 1–117. 15 | |
170 | + | (2) the National Oceanic and Atmospheric Administration or its 15 | |
171 | + | predecessor, the Coast and Geodetic Survey] AN INDIVIDUAL WHO ME ETS THE 16 | |
172 | + | DEFINITION OF “VETERAN” UNDER § 9–901 OF THE STATE GOVERNMENT ARTICLE. 17 | |
171 | 173 | ||
172 | - | (A) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 16 | |
173 | - | GOVERNMENT ARTICLE. 17 | |
174 | + | Article – Local Government 18 | |
174 | 175 | ||
175 | - | (B) With respect to any State program of benefits, rights, or privileges applicable 18 | |
176 | - | to a veteran under this Code, “veteran” includes[, if the individual is eligible under 38 19 | |
177 | - | U.S.C. § 101, a member of the commissioned corps of: 20 | |
176 | + | 1–101. 19 | |
178 | 177 | ||
179 | - | ( | |
178 | + | (a) In this article the following words have the meanings indicated. 20 | |
180 | 179 | ||
181 | - | (2) the National Oceanic and Atmospheric Administration or its 22 | |
182 | - | predecessor, the Coast and Geodetic Survey] AN INDIVIDUAL WHO ME ETS THE 23 | |
183 | - | DEFINITION OF “VETERAN” UNDER § 9–901 OF THE STATE GOVERNMENT ARTICLE. 24 | |
180 | + | (K) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 21 | |
181 | + | STATE GOVERNMENT ARTICLE. 22 | |
184 | 182 | ||
185 | - | Article – Local Government 25 | |
183 | + | (L) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 23 | |
184 | + | GOVERNMENT ARTICLE. 24 | |
186 | 185 | ||
187 | - | 1– | |
186 | + | 1–203. 25 | |
188 | 187 | ||
189 | - | (a) In this article the following words have the meanings indicated. 27 | |
188 | + | (a) This section applies to the following governmental entities: 26 | |
189 | + | ||
190 | + | (1) counties; 27 | |
190 | 191 | SENATE BILL 278 5 | |
191 | 192 | ||
192 | 193 | ||
193 | - | (K) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 1 | |
194 | - | STATE GOVERNMENT ARTICLE. 2 | |
194 | + | (2) municipalities; 1 | |
195 | 195 | ||
196 | - | (L) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 3 | |
197 | - | GOVERNMENT ARTICLE. 4 | |
196 | + | (3) bicounty agencies; 2 | |
198 | 197 | ||
199 | - | ||
198 | + | (4) county boards of education; 3 | |
200 | 199 | ||
201 | - | ( | |
200 | + | (5) public corporations; 4 | |
202 | 201 | ||
203 | - | ( | |
202 | + | (6) special taxing districts; and 5 | |
204 | 203 | ||
205 | - | ( | |
204 | + | (7) other political subdivisions of the State. 6 | |
206 | 205 | ||
207 | - | (3) bicounty agencies; 9 | |
206 | + | (b) Each governmental entity shall give its employees who return from [military] 7 | |
207 | + | service in the [armed forces of the United States] UNIFORMED SERVICES the same 8 | |
208 | + | reemployment rights as provided for State employees under Title 2, Subtitle 7 of the State 9 | |
209 | + | Personnel and Pensions Article. 10 | |
208 | 210 | ||
209 | - | ||
211 | + | 1–204. 11 | |
210 | 212 | ||
211 | - | (5) public corporations; 11 | |
213 | + | (a) If a municipality, county, or other political subdivision of the State makes 12 | |
214 | + | appointments to government positions under a civil service or merit system law or 13 | |
215 | + | ordinance, the unit that provides eligibility lists for appointments shall adopt rules or 14 | |
216 | + | regulations to grant special credit to [honorably discharged] veterans [of the armed forces 15 | |
217 | + | of the United States] who have been residents of the State for at least 5 years immediately 16 | |
218 | + | preceding the date on which the veteran takes a merit system examination. 17 | |
212 | 219 | ||
213 | - | ( | |
220 | + | (d) (1) IN THIS SUBSECTION , “HEALTH EMERGENCY ” INCLUDES: 18 | |
214 | 221 | ||
215 | - | (7) other political subdivisions of the State. 13 | |
222 | + | (I) A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT OF 19 | |
223 | + | THE UNITED STATES UNDER THE NATIONAL EMERGENCIES ACT; 20 | |
216 | 224 | ||
217 | - | (b) Each governmental entity shall give its employees who return from [military] 14 | |
218 | - | service in the [armed forces of the United States] UNIFORMED SERVICES the same 15 | |
219 | - | reemployment rights as provided for State employees under Title 2, Subtitle 7 of the State 16 | |
220 | - | Personnel and Pensions Article. 17 | |
225 | + | (II) AN EMERGENCY OR MAJO R DISASTER DECLARED BY THE 21 | |
226 | + | PRESIDENT OF THE UNITED STATES UNDER THE ROBERT T. STAFFORD DISASTER 22 | |
227 | + | RELIEF AND EMERGENCY ASSISTANCE ACT; 23 | |
221 | 228 | ||
222 | - | 1–204. 18 | |
229 | + | (III) A PUBLIC HEALTH EMER GENCY DECLARED BY TH E 24 | |
230 | + | SECRETARY OF HEALTH AND HUMAN SERVICES UNDER 42 U.S.C. § 247D; AND 25 | |
223 | 231 | ||
224 | - | (a) If a municipality, county, or other political subdivision of the State makes 19 | |
225 | - | appointments to government positions under a civil service or merit system law or 20 | |
226 | - | ordinance, the unit that provides eligibility lists for appointments shall adopt rules or 21 | |
227 | - | regulations to grant special credit to [honorably discharged] veterans [of the armed forces 22 | |
228 | - | of the United States] who have been residents of the State for at least 5 years immediately 23 | |
229 | - | preceding the date on which the veteran takes a merit system examination. 24 | |
232 | + | (IV) A CATASTROPHIC HEALTH EMERGENCY DEC LARED BY THE 26 | |
233 | + | GOVERNOR UNDER § 14–3A–02 OF THE PUBLIC SAFETY ARTICLE. 27 | |
230 | 234 | ||
231 | - | (d) (1) IN THIS SUBSECTION , “HEALTH EMERGENCY ” INCLUDES: 25 | |
235 | + | (2) The unit may exempt war OR HEALTH EMERGENCY veterans under 28 | |
236 | + | the age of 55 years from any age limitation or requirement. 29 | |
232 | 237 | ||
233 | - | (I) A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT OF 26 | |
234 | - | THE UNITED STATES UNDER THE NATIONAL EMERGENCIES ACT; 27 | |
235 | - | ||
236 | - | (II) AN EMERGENCY OR MAJO R DISASTER DECLARED BY THE 28 | |
237 | - | PRESIDENT OF THE UNITED STATES UNDER THE ROBERT T. STAFFORD DISASTER 29 | |
238 | - | RELIEF AND EMERGENCY ASSISTANCE ACT; 30 6 SENATE BILL 278 | |
238 | + | Article – State Government 30 6 SENATE BILL 278 | |
239 | 239 | ||
240 | 240 | ||
241 | 241 | ||
242 | - | (III) A PUBLIC HEALTH EMER GENCY D ECLARED BY THE 1 | |
243 | - | SECRETARY OF HEALTH AND HUMAN SERVICES UNDER 42 U.S.C. § 247D; AND 2 | |
242 | + | 9–901. 1 | |
244 | 243 | ||
245 | - | (IV) A CATASTROPHIC HEALT H EMERGENCY DECLARED BY THE 3 | |
246 | - | GOVERNOR UNDER § 14–3A–02 OF THE PUBLIC SAFETY ARTICLE. 4 | |
244 | + | (a) In this subtitle the following words have the meanings indicated. 2 | |
247 | 245 | ||
248 | - | (2) The unit may exempt war OR HEALTH EMERGENCY veterans under 5 | |
249 | - | the age of 55 years from any age limitation or requirement. 6 | |
246 | + | (B) “ACTIVE DUTY” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 3 | |
250 | 247 | ||
251 | - | ||
248 | + | (C) “ACTIVE SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS: 4 | |
252 | 249 | ||
253 | - | ||
250 | + | (1) AN ACTIVE DUTY MEMBE R OF THE UNIFORMED S ERVICES; OR 5 | |
254 | 251 | ||
255 | - | (a) In this subtitle the following words have the meanings indicated. 9 | |
252 | + | (2) SERVING IN A RESERVE COMPONENT OF THE UNIFORMED 6 | |
253 | + | SERVICES ON ACTIVE D UTY ORDERS. 7 | |
256 | 254 | ||
257 | - | ( | |
255 | + | (D) “ARMED FORCES ” HAS THE MEANING STAT ED IN 10 U.S.C. § 101. 8 | |
258 | 256 | ||
259 | - | ( | |
257 | + | [(b)] (E) “Board” means the Board of Trustees of the Maryland Veterans Trust. 9 | |
260 | 258 | ||
261 | - | (1) AN ACTIVE DUTY MEMBE R OF THE UNIFORMED S ERVICES; OR 12 | |
259 | + | [(c)] (F) “Department” means the Department of Veterans and Military 10 | |
260 | + | Families. 11 | |
262 | 261 | ||
263 | - | (2) SERVING IN A RESERVE COMPONENT OF THE UNI FORMED 13 | |
264 | - | SERVICES ON ACTIVE D UTY ORDERS. 14 | |
262 | + | (G) “MILITARY FAMILY ” INCLUDES THE SPOUSE AND DEPENDENT 12 | |
263 | + | CHILDREN OF A SERVIC E MEMBER OR VETERAN RELATED BY BLOOD , MARRIAGE, OR 13 | |
264 | + | ADOPTION. 14 | |
265 | 265 | ||
266 | - | ( | |
266 | + | (H) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 15 | |
267 | 267 | ||
268 | - | [( | |
268 | + | [(d)] (I) “Secretary” means the Secretary of Veterans and Military Families. 16 | |
269 | 269 | ||
270 | - | [(c)] (F) “Department” means the Department of Veterans and Military 17 | |
271 | - | Families. 18 | |
270 | + | (J) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS A MEMBER OF: 17 | |
272 | 271 | ||
273 | - | (G) “MILITARY FAMILY ” INCLUDES THE SPOUSE AND DEPENDENT 19 | |
274 | - | CHILDREN OF A SERVIC E MEMBER OR VETERAN RELATED BY BLOOD , MARRIAGE, OR 20 | |
275 | - | ADOPTION. 21 | |
272 | + | (1) THE UNIFORMED SERVI CES; OR 18 | |
276 | 273 | ||
277 | - | ( | |
274 | + | (2) A RESERVE COMPONENT OF THE UNIFORMED SER VICES. 19 | |
278 | 275 | ||
279 | - | [( | |
276 | + | [(e)] (K) “Trust” means the Maryland Veterans Trust. 20 | |
280 | 277 | ||
281 | - | ( | |
278 | + | (L) “UNIFORMED SERVICE S” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 21 | |
282 | 279 | ||
283 | - | (1) THE UNIFORMED SERVIC ES; OR 25 | |
280 | + | [(f)] (M) Except as otherwise provided [in this subtitle], “veteran” [means an 22 | |
281 | + | individual who served on active duty in the armed forces of the United States, other than 23 | |
282 | + | for training, and was discharged or released under conditions other than dishonorable] HAS 24 | |
283 | + | THE MEANING STATED I N 38 U.S.C. § 101. 25 | |
284 | 284 | ||
285 | - | ||
285 | + | Article – State Personnel and Pensions 26 SENATE BILL 278 7 | |
286 | 286 | ||
287 | 287 | ||
288 | 288 | ||
289 | - | ||
289 | + | 1–101. 1 | |
290 | 290 | ||
291 | - | (L) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 2 | |
291 | + | (a) In this Division I of this article the following words have the meanings 2 | |
292 | + | indicated. 3 | |
292 | 293 | ||
293 | - | [(f)] (M) Except as otherwise provided [in this subtitle], “veteran” [means an 3 | |
294 | - | individual who served on active duty in the armed forces of the United States, other than 4 | |
295 | - | for training, and was discharged or released under conditions other than dishonorable] HAS 5 | |
296 | - | THE MEANING STATED I N 38 U.S.C. § 101. 6 | |
294 | + | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 4 | |
295 | + | GOVERNMENT ARTICLE. 5 | |
297 | 296 | ||
298 | - | Article – State Personnel and Pensions 7 | |
297 | + | (A–2) “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF 6 | |
298 | + | THE STATE GOVERNMENT ARTICLE. 7 | |
299 | 299 | ||
300 | - | 1–101. 8 | |
300 | + | (B–1) “ARMED FORCES” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 8 | |
301 | + | GOVERNMENT ARTICLE. 9 | |
301 | 302 | ||
302 | - | (a) In this Division I of this article the following words have the meanings 9 | |
303 | - | indicated. 10 | |
303 | + | (H–1) “MILITARY SERVICE” MEANS: 10 | |
304 | 304 | ||
305 | - | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 11 | |
306 | - | GOVERNMENT ARTICLE. 12 | |
305 | + | (1) INDUCTION INTO THE ARMED FORCES FOR TRAINING AND 11 | |
306 | + | SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 OR A 12 | |
307 | + | SUBSEQUENT ACT OF A SIMILAR NATURE ; 13 | |
307 | 308 | ||
308 | - | (A–2) “ACTIVE SERVICE MEMBER” HAS THE MEANING STAT ED IN § 9–901 OF 13 | |
309 | - | THE STATE GOVERNMENT ARTICLE. 14 | |
309 | + | (2) MEMBERSHIP IN A RESE RVE COMPONENT : 14 | |
310 | 310 | ||
311 | - | ( | |
312 | - | ||
311 | + | (I) ON ACTIVE DUTY OR OR DERED OR ASSIGNED TO ACTIVE 15 | |
312 | + | DUTY; OR 16 | |
313 | 313 | ||
314 | - | (H–1) “MILITARY SERVICE” MEANS: 17 | |
314 | + | (II) ON ACTIVE DUTY FOR T RAINING OR INACTIVE DUTY FOR 17 | |
315 | + | TRAINING THAT INTERR UPTS A MEMBER ’S SERVICE; 18 | |
315 | 316 | ||
316 | - | (1) INDUCTION INTO THE A RMED FORCES FOR TRAI NING AND 18 | |
317 | - | SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 OR A 19 | |
318 | - | SUBSEQUENT ACT OF A SIMILAR NATURE ; 20 | |
317 | + | (3) MEMBERSHIP IN AN ACT IVE COMPONENT OF THE ARMED FORCES ; 19 | |
319 | 318 | ||
320 | - | ( | |
319 | + | (4) MEMBERSHIP IN THE MARYLAND NATIONAL GUARD; OR 20 | |
321 | 320 | ||
322 | - | (I) ON ACTIVE DUTY OR OR DERED OR ASSIGNED TO ACTIVE 22 | |
323 | - | DUTY; OR 23 | |
321 | + | (5) ACTIVE DUTY WITH THE COMMISSIONED CORPS O F THE PUBLIC 21 | |
322 | + | HEALTH SERVICE, THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION , 22 | |
323 | + | OR THE COAST AND GEODETIC SURVEY. 23 | |
324 | 324 | ||
325 | - | ( | |
326 | - | ||
325 | + | (L–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 24 | |
326 | + | STATE GOVERNMENT ARTICLE. 25 | |
327 | 327 | ||
328 | - | (3) MEMBERSHIP IN AN ACT IVE COMPONENT OF THE ARMED FORCES ; 26 | |
329 | - | ||
330 | - | (4) MEMBERSHIP IN THE MARYLAND NATIONAL GUARD; OR 27 | |
328 | + | (R) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 26 | |
329 | + | STATE GOVERNMENT ARTICLE. 27 | |
331 | 330 | 8 SENATE BILL 278 | |
332 | 331 | ||
333 | 332 | ||
334 | - | (5) ACTIVE DUTY WITH THE COMMISSIONED CORPS O F THE PUBLIC 1 | |
335 | - | HEALTH SERVICE, THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION , 2 | |
336 | - | OR THE COAST AND GEODETIC SURVEY. 3 | |
333 | + | (S) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 1 | |
334 | + | GOVERNMENT ARTICLE. 2 | |
337 | 335 | ||
338 | - | (L–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 4 | |
339 | - | STATE GOVERNMENT ARTICLE. 5 | |
336 | + | 2–701. 3 | |
340 | 337 | ||
341 | - | (R) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 6 | |
342 | - | STATE GOVERNMENT ARTICLE. 7 | |
338 | + | In this subtitle, “returning veteran”: 4 | |
343 | 339 | ||
344 | - | (S) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 8 | |
345 | - | GOVERNMENT ARTICLE. 9 | |
340 | + | (1) means an individual who left State employment to perform military 5 | |
341 | + | service [in the armed forces of the United States] and who seeks reinstatement to State 6 | |
342 | + | employment; and 7 | |
346 | 343 | ||
347 | - | 2–701. 10 | |
344 | + | (2) does not include an individual who left State employment while serving 8 | |
345 | + | as a temporary employee. 9 | |
348 | 346 | ||
349 | - | (A) In this subtitle, “returning veteran”: THE FOLLOWING WORDS HAVE THE 11 | |
350 | - | MEANINGS INDICATED . 12 | |
347 | + | 2–703. 10 | |
351 | 348 | ||
352 | - | (B) (1) “RETURNING VETERAN ” means an individual who left State 13 | |
353 | - | employment to perform military service IN THE UNIFORMED SER VICES [in the armed 14 | |
354 | - | forces of the United States] and who seeks reinstatement to State employment; and 15 | |
349 | + | [(a)] A returning veteran [who was inducted into the armed forces] is eligible for 11 | |
350 | + | reinstatement under this subtitle if the veteran: 12 | |
355 | 351 | ||
356 | - | (2) “RETURNING VETERAN ” does not include an individual who left State 16 | |
357 | - | employment while serving as a temporary employee. 17 | |
352 | + | (1) performed military service of a nature and length that meet the 13 | |
353 | + | requirements of the Uniformed Services Employment and Reemployment Rights Act of 14 | |
354 | + | 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of 15 | |
355 | + | a returning veteran; AND 16 | |
358 | 356 | ||
359 | - | (C) “SERVICE IN THE UNIFOR MED SERVICES” HAS THE MEANING STAT ED IN 18 | |
360 | - | 38 U.S.C. § 4303. 19 | |
357 | + | (2) [received a certificate of satisfactory completion of military service; and 17 | |
361 | 358 | ||
362 | - | 2–703. 20 | |
359 | + | (3)] except as otherwise provided in § 2–704 of this subtitle, submits an 18 | |
360 | + | application for reinstatement within 90 days after the veteran is discharged from [that] 19 | |
361 | + | military service. 20 | |
363 | 362 | ||
364 | - | [( | |
363 | + | [(b) A returning veteran who enlisted in the armed forces is eligible for 21 | |
365 | 364 | reinstatement under this subtitle if the veteran: 22 | |
366 | 365 | ||
367 | 366 | (1) performed military service of a nature and length that meet the 23 | |
368 | 367 | requirements of the Uniformed Services Employment and Reemployment Rights Act of 24 | |
369 | 368 | 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of 25 | |
370 | - | a returning veteran; | |
369 | + | a returning veteran; 26 | |
371 | 370 | ||
372 | - | (2) | |
371 | + | (2) was released from service under honorable conditions; and 27 | |
373 | 372 | ||
374 | - | (3)] except as otherwise provided in § 2–704 of this subtitle, submits an 28 | |
375 | - | application for reinstatement within 90 days after the veteran is discharged from [that] 29 | |
376 | - | military service. 30 | |
373 | + | (3) except as otherwise provided in § 2–704 of this subtitle, submits an 28 | |
374 | + | application for reinstatement within 90 days after the end of the enlistment period. 29 | |
375 | + | ||
376 | + | (c) A returning veteran who was called to active military duty in the armed forces 30 | |
377 | + | is eligible for reinstatement under this subtitle if the veteran: 31 | |
377 | 378 | SENATE BILL 278 9 | |
378 | 379 | ||
379 | 380 | ||
380 | - | [(b) A returning veteran who enlisted in the armed forces is eligible for 1 | |
381 | - | reinstatement under this subtitle if the veteran: 2 | |
381 | + | (1) performed military service of a nature and length that meet the 1 | |
382 | + | requirements of the Uniformed Services Employment and Reemployment Rights Act of 2 | |
383 | + | 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of 3 | |
384 | + | a returning veteran; 4 | |
382 | 385 | ||
383 | - | (1) performed military service of a nature and length that meet the 3 | |
384 | - | requirements of the Uniformed Services Employment and Reemployment Rights Act of 4 | |
385 | - | 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal law governing reemployment of 5 | |
386 | - | a returning veteran; 6 | |
386 | + | (2) was relieved from active duty under honorable conditions; and 5 | |
387 | 387 | ||
388 | - | (2) was released from service under honorable conditions; and 7 | |
388 | + | (3) except as otherwise provided in § 2–704 of this subtitle, submits an 6 | |
389 | + | application for reinstatement within 90 days after the veteran is relieved from that duty.] 7 | |
389 | 390 | ||
390 | - | (3) except as otherwise provided in § 2–704 of this subtitle, submits an 8 | |
391 | - | application for reinstatement within 90 days after the end of the enlistment period. 9 | |
391 | + | 2–704. 8 | |
392 | 392 | ||
393 | - | (c) A returning veteran who was called to active military duty in the armed forces 10 | |
394 | - | UNIFORMED SERVICES is eligible for reinstatement under this subtitle if the veteran: 11 | |
393 | + | An otherwise eligible returning veteran who was hospitalized at the time of 9 | |
394 | + | discharge[, end of enlistment, or relief from active duty] FROM MILITARY SERVIC E may 10 | |
395 | + | apply for reinstatement if: 11 | |
395 | 396 | ||
396 | - | (1) performed military service IN THE UNIFORMED SER VICES of a nature 12 | |
397 | - | and length that meet the requirements of the Uniformed Services Employment and 13 | |
398 | - | Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., and any subsequent federal 14 | |
399 | - | law governing reemployment of a returning veteran; 15 | |
397 | + | (1) the application is submitted within 90 days after the returning veteran 12 | |
398 | + | is discharged from the hospital; and 13 | |
400 | 399 | ||
401 | - | (2) was relieved from active duty under honorable conditions; and 16 | |
400 | + | (2) the hospitalization does not last more than 1 year from the date of 14 | |
401 | + | discharge[, end of enlistment, or relief from active duty] FROM MILITARY SERVIC E. 15 | |
402 | 402 | ||
403 | - | (3) except as otherwise provided in § 2–704 of this subtitle, submits an 17 | |
404 | - | application for reinstatement within 90 days after the veteran is relieved from that duty.] 18 | |
403 | + | 2–707. 16 | |
405 | 404 | ||
406 | - | 2–704. 19 | |
405 | + | (a) A member of a reserve component [of the armed forces of the United States] 17 | |
406 | + | is eligible for the reinstatement rights and benefits specified in §§ 2–705 and 2–706(a), (b), 18 | |
407 | + | and (c) of this subtitle if the reservist: 19 | |
407 | 408 | ||
408 | - | An otherwise eligible returning veteran who was hospitalized at the time of 20 | |
409 | - | discharge[, end of enlistment, or relief from active duty] FROM MILITARY SERVIC E may 21 | |
410 | - | apply for reinstatement if: 22 | |
409 | + | (1) performed active duty for training of a nature and length that meet the 20 | |
410 | + | requirements for eligibility under Title 38 U.S.C. § 4301 et seq.; 21 | |
411 | 411 | ||
412 | - | (1) the application is submitted within 90 days after the returning veteran 23 | |
413 | - | is discharged from the hospital; and 24 | |
412 | + | (2) was released from that duty after satisfactory service; and 22 | |
414 | 413 | ||
415 | - | (2) the hospitalization does not last more than 1 year from the date of 25 | |
416 | - | discharge[, end of enlistment, or relief from active duty] FROM MILITARY SERVIC E. 26 | |
414 | + | (3) except as provided in subsection (b) of this section, submits an 23 | |
415 | + | application for reinstatement within 31 days after the reservist was released from that 24 | |
416 | + | duty. 25 | |
417 | 417 | ||
418 | - | ||
418 | + | 7–203. 26 | |
419 | 419 | ||
420 | - | (b) If, because of a disability sustained during [military] service IN THE 28 | |
421 | - | UNIFORMED SERVICES , a returning veteran is not qualified to perform the duties of the 29 | |
422 | - | position that the veteran previously held, the returning veteran shall be reinstated to a 30 | |
423 | - | position that: 31 | |
420 | + | (b) (1) An appointing authority may select a disabled veteran for a position if: 27 | |
424 | 421 | ||
425 | - | ( | |
422 | + | (i) the disabled veteran: 28 | |
426 | 423 | ||
427 | - | ||
428 | - | ||
429 | - | (2) provides the rate of pay, seniority, and status that are the same as or 1 | |
430 | - | as similar as the circumstances of the case allow to those of the position previously held by 2 | |
431 | - | the veteran. 3 | |
432 | - | ||
433 | - | 2–706. 4 | |
434 | - | ||
435 | - | (b) In calculating seniority, status, and length of State employment of a returning 5 | |
436 | - | veteran who is reinstated under this subtitle, the period from the day the veteran entered 6 | |
437 | - | [military] service IN THE UNIFORMED SER VICES to the day that the veteran is reinstated 7 | |
438 | - | shall be added to the period of the veteran’s State employment. 8 | |
439 | - | ||
440 | - | (c) A returning veteran who is reinstated under this subtitle is entitled to: 9 | |
441 | - | ||
442 | - | (1) all benefits and privileges, including rate of pay, that result from the 10 | |
443 | - | additional seniority and status credited under subsection (b) of this section; 11 | |
444 | - | ||
445 | - | (2) pension and retirement rights as determined under Title 38, Subtitle 1 12 | |
446 | - | of this article; and 13 | |
447 | - | ||
448 | - | (3) any service status that the veteran had when the veteran entered 14 | |
449 | - | [military] service IN THE UNIFORMED SER VICES, with adjustments to reflect the 15 | |
450 | - | additional seniority credited under subsection (b) of this section. 16 | |
451 | - | ||
452 | - | 2–707. 17 | |
453 | - | ||
454 | - | (a) A member of a reserve component [of the armed forces of the United States] 18 | |
455 | - | is eligible for the reinstatement rights and benefits specified in §§ 2–705 and 2–706(a), (b), 19 | |
456 | - | and (c) of this subtitle if the reservist: 20 | |
457 | - | ||
458 | - | (1) performed active duty for training of a nature and length that meet the 21 | |
459 | - | requirements for eligibility under Title 38 U.S.C. § 4301 et seq.; 22 | |
460 | - | ||
461 | - | (2) was released from that duty after satisfactory service; and 23 | |
462 | - | ||
463 | - | (3) except as provided in subsection (b) of this section, submits an 24 | |
464 | - | application for reinstatement within 31 days after the reservist was released from that 25 | |
465 | - | duty. 26 | |
466 | - | ||
467 | - | 7–203. 27 | |
468 | - | ||
469 | - | (b) (1) An appointing authority may select a disabled veteran for a position if: 28 | |
470 | - | ||
471 | - | (i) the disabled veteran: 29 | |
472 | - | ||
473 | - | 1. [served in any branch of the armed forces of the United 30 | |
474 | - | States] IS A VETERAN; and 31 SENATE BILL 278 11 | |
475 | - | ||
424 | + | 1. [served in any branch of the armed forces of the United 29 | |
425 | + | States] IS A VETERAN; and 30 | |
426 | + | 10 SENATE BILL 278 | |
476 | 427 | ||
477 | 428 | ||
478 | 429 | 2. A. is included on a United States [armed forces] 1 | |
479 | 430 | UNIFORMED SERVICES permanent disability list with a disability rating of at least 30%; 2 | |
480 | 431 | or 3 | |
481 | 432 | ||
482 | 433 | B. has been rated by the United States Department of 4 | |
483 | 434 | Veterans Affairs as having a compensable service–connected disability of at least 30%; 5 | |
484 | 435 | ||
485 | 436 | 7–207. 6 | |
486 | 437 | ||
487 | 438 | (c) (1) [(i)] In this subsection [the following words have the meanings 7 | |
488 | 439 | indicated. 8 | |
489 | 440 | ||
490 | - | (ii) “Eligible], “ELIGIBLE spouse” means | |
491 | - | ||
492 | - | ||
441 | + | (ii) “Eligible], “ELIGIBLE spouse” means an individual who is 9 | |
442 | + | married to [a full–time] AN active [duty] SERVICE member [of any branch of the uniformed 10 | |
443 | + | services of the United States]. 11 | |
493 | 444 | ||
494 | 445 | [(iii) “Eligible veteran” means a veteran of any branch of the 12 | |
495 | 446 | uniformed services of the United States who has received an honorable discharge or a 13 | |
496 | 447 | certificate of satisfactory completion of service, including the National Guard and the 14 | |
497 | - | military reserves | |
448 | + | military reserves.] 15 | |
498 | 449 | ||
499 | 450 | (2) (i) An appointing authority shall apply a credit of 10 points on any 16 | |
500 | 451 | selection test for: 17 | |
501 | 452 | ||
502 | 453 | 1. an eligible spouse; 18 | |
503 | 454 | ||
504 | 455 | 2. [an eligible] A veteran; 19 | |
505 | 456 | ||
506 | 457 | 3. the spouse of [an eligible] A veteran who has a service 20 | |
507 | 458 | connected disability; or 21 | |
508 | 459 | ||
509 | 460 | 4. the surviving spouse of a deceased [eligible] veteran. 22 | |
510 | 461 | ||
511 | 462 | (ii) An appointing authority shall apply a credit of two additional 23 | |
512 | 463 | points on any selection test for a former prisoner of war. 24 | |
513 | 464 | ||
514 | 465 | (3) The following applicants are ineligible for a credit under this 25 | |
515 | 466 | subsection: 26 | |
516 | 467 | ||
517 | 468 | (i) a current State employee; and 27 | |
518 | 469 | ||
519 | 470 | (ii) [an eligible] A veteran who is convicted of a crime after being 28 | |
520 | 471 | discharged from or completing military service. 29 | |
521 | 472 | ||
522 | - | 9–1104. 30 | |
523 | - | ||
473 | + | 9–1104. 30 | |
474 | + | SENATE BILL 278 11 | |
524 | 475 | ||
525 | 476 | ||
526 | 477 | (a) In this section, “uniformed services” has the meaning stated in 38 U.S.C. § 1 | |
527 | 478 | 4303 and 20 C.F.R. § 1002.5(o). 2 | |
528 | 479 | ||
529 | 480 | (b) The Secretary may provide by regulation for leave with pay: 3 | |
530 | 481 | ||
531 | 482 | (3) up to 30 days for uniformed services training or active uniformed 4 | |
532 | 483 | services duty in a reserve [unit of the armed forces] COMPONENT or in the organized 5 | |
533 | 484 | militia; 6 | |
534 | 485 | ||
535 | 486 | 38–101. 7 | |
536 | 487 | ||
537 | 488 | (a) In this subtitle the following words have the meanings indicated. 8 | |
538 | 489 | ||
539 | 490 | (B–1) “ARMED FORCES” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 9 | |
540 | 491 | GOVERNMENT ARTICLE. 10 | |
541 | 492 | ||
542 | 493 | (d) “Military service” means: 11 | |
543 | 494 | ||
544 | 495 | (1) induction into the armed forces [of the United States] for training and 12 | |
545 | 496 | service under the Selective Training and Service Act of 1940 or a subsequent act of a similar 13 | |
546 | 497 | nature; 14 | |
547 | 498 | ||
548 | 499 | (2) membership in a reserve component [of the armed forces of the United 15 | |
549 | 500 | States]: 16 | |
550 | 501 | ||
551 | 502 | (i) on active duty or ordered or assigned to active duty; or 17 | |
552 | 503 | ||
553 | 504 | (ii) on active duty for training or inactive duty for training that 18 | |
554 | 505 | interrupts a member’s service; 19 | |
555 | 506 | ||
556 | 507 | (3) [enlistment into] MEMBERSHIP IN AN ACT IVE COMPONENT OF the 20 | |
557 | 508 | armed forces [of the United States]; 21 | |
558 | 509 | ||
559 | 510 | (4) membership in the Maryland National Guard; or 22 | |
560 | 511 | ||
561 | 512 | (5) active duty with the commissioned corps of the Public Health Service, 23 | |
562 | 513 | the National Oceanic and Atmospheric Administration, or the Coast and Geodetic Survey. 24 | |
563 | 514 | ||
564 | 515 | (E–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 25 | |
565 | 516 | STATE GOVERNMENT ARTICLE. 26 | |
566 | 517 | ||
567 | 518 | 38–103. 27 | |
519 | + | ||
520 | + | (d) (1) Subject to paragraph (2)(i) of this subsection, a member of a State or 28 | |
521 | + | local retirement or pension system shall receive service credit for a period of absence from 29 | |
522 | + | employment while in military service if: 30 12 SENATE BILL 278 | |
523 | + | ||
524 | + | ||
525 | + | ||
526 | + | (i) the employment of the member under subsection (a)(2) of this 1 | |
527 | + | section is active or the employee is reinstated as a regular employee on a leave of absence; 2 | |
528 | + | and 3 | |
529 | + | ||
530 | + | (ii) membership in a State or local retirement or pension system is a 4 | |
531 | + | requirement of employment. 5 | |
532 | + | ||
533 | + | (2) (i) For an absence for military service, service credit for the military 6 | |
534 | + | service may not exceed 5 years. 7 | |
535 | + | ||
536 | + | (ii) 1. This subparagraph applies only to a member of a State 8 | |
537 | + | system. 9 | |
538 | + | ||
539 | + | 2. Subject to subparagraph (i) of this paragraph and in 10 | |
540 | + | addition to any service credit received under paragraph (1) of this subsection, a member of 11 | |
541 | + | [the Maryland National Guard or of] a reserve component [of the armed forces of the United 12 | |
542 | + | States who has been activated under Title 10 of the United States Code and] who is on 13 | |
543 | + | OFFICIAL ORDERS FOR active or inactive duty for training that interrupts the member’s 14 | |
544 | + | service shall receive service credit at the rate of 4 months for each full year for military 15 | |
545 | + | service, not to exceed a total of 36 months. 16 | |
546 | + | ||
547 | + | 3. Subject to subparagraph (i) of this paragraph, an 17 | |
548 | + | individual shall receive service credit at the rate of 4 months for each full year of attendance 18 | |
549 | + | at a United States service academy that interrupts the member’s employment, not to exceed 19 | |
550 | + | a total of 16 months. 20 | |
551 | + | ||
552 | + | 38–104. 21 | |
553 | + | ||
554 | + | (c) (1) An individual described in subsection (a) of this section may not receive 22 | |
555 | + | credit for that military service if the individual receives credit for military service from 23 | |
556 | + | another retirement system for which retirement benefits have been or will be received by 24 | |
557 | + | the individual. 25 | |
558 | + | ||
559 | + | (2) Paragraph (1) of this subsection does not apply to: 26 | |
560 | + | ||
561 | + | (i) credit for military service provided under: 27 | |
562 | + | ||
563 | + | 1. the Social Security Act; 28 | |
564 | + | ||
565 | + | 2. the National Railroad Retirement Act; or 29 | |
566 | + | ||
567 | + | 3. Title 3 or Title 10, Chapter 1223, §§ 12731 through 12737 30 | |
568 | + | of the United States Code; or 31 | |
569 | + | ||
570 | + | (ii) disability payments from a pension or retirement system. 32 | |
568 | 571 | SENATE BILL 278 13 | |
569 | 572 | ||
570 | 573 | ||
571 | - | (d) (1) Subject to paragraph (2)(i) of this subsection, a member of a State or 1 | |
572 | - | local retirement or pension system shall receive service credit for a period of absence from 2 | |
573 | - | employment while in military service if: 3 | |
574 | + | (3) (i) Military service credit under this section may not exceed 5 years. 1 | |
574 | 575 | ||
575 | - | (i) the employment of the member under subsection (a)(2) of this 4 | |
576 | - | section is active or the employee is reinstated as a regular employee on a leave of absence; 5 | |
577 | - | and 6 | |
576 | + | (ii) Subject to subparagraph (i) of this paragraph, a member of [the 2 | |
577 | + | Maryland National Guard or of] a reserve component [of the armed forces of the United 3 | |
578 | + | States] who has not [been activated under Title 10 of the United States Code] SERVED ON 4 | |
579 | + | OFFICIAL ACTIVE DUTY ORDERS, shall receive service credit at the rate of 4 months for 5 | |
580 | + | each full year of service with [the Maryland National Guard or with] a reserve component 6 | |
581 | + | [of the armed forces of the United States], not to exceed a total of 36 months. 7 | |
578 | 582 | ||
579 | - | (ii) membership in a State or local retirement or pension system is a 7 | |
580 | - | requirement of employment. 8 | |
583 | + | (iii) Subject to subparagraph (i) of this paragraph, an individual shall 8 | |
584 | + | receive service credit at the rate of 4 months for each full year of attendance at a United 9 | |
585 | + | States service academy OR THE UNIFORMED SERVICES UNIVERSITY, not to exceed a 10 | |
586 | + | total of 16 months. 11 | |
581 | 587 | ||
582 | - | (2) (i) For an absence for military service, service credit for the military 9 | |
583 | - | service may not exceed 5 years. 10 | |
588 | + | Article – Tax – General 12 | |
584 | 589 | ||
585 | - | (ii) 1. This subparagraph applies only to a member of a State 11 | |
586 | - | system. 12 | |
590 | + | 1–101. 13 | |
587 | 591 | ||
588 | - | 2. Subject to subparagraph (i) of this paragraph and in 13 | |
589 | - | addition to any service credit received under paragraph (1) of this subsection, a member of 14 | |
590 | - | [the Maryland National Guard or of] a reserve component [of the armed forces of the 15 | |
591 | - | United States who has been activated under Title 10 of the United States Code and] who 16 | |
592 | - | is on OFFICIAL ORDERS FOR active or inactive duty for training that interrupts the 17 | |
593 | - | member’s service shall receive service credit at the rate of 4 months for each full year for 18 | |
594 | - | military service, not to exceed a total of 36 months. 19 | |
592 | + | (a) In this article the following words have the meanings indicated. 14 | |
595 | 593 | ||
596 | - | 3. Subject to subparagraph (i) of this paragraph, an 20 | |
597 | - | individual shall receive service credit at the rate of 4 months for each full year of attendance 21 | |
598 | - | at a United States service academy that interrupts the member’s employment, not to exceed 22 | |
599 | - | a total of 16 months. 23 | |
594 | + | (R–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE 15 | |
595 | + | STATE GOVERNMENT ARTICLE. 16 | |
600 | 596 | ||
601 | - | 38–104. 24 | |
597 | + | (X) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE 17 | |
598 | + | STATE GOVERNMENT ARTICLE. 18 | |
602 | 599 | ||
603 | - | (c) (1) An individual described in subsection (a) of this section may not receive 25 | |
604 | - | credit for that military service if the individual receives credit for military service from 26 | |
605 | - | another retirement system for which retirement benefits have been or will be received by 27 | |
606 | - | the individual. 28 | |
600 | + | (Y) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 19 | |
601 | + | GOVERNMENT ARTICLE. 20 | |
607 | 602 | ||
608 | - | ||
603 | + | 11–204. 21 | |
609 | 604 | ||
610 | - | ( | |
605 | + | (a) The sales and use tax does not apply to: 22 | |
611 | 606 | ||
612 | - | 1. the Social Security Act; 31 | |
607 | + | (8) a sale to a bona fide nationally organized and recognized organization 23 | |
608 | + | of veterans [of the armed forces of the United States] or an auxiliary of the organization or 24 | |
609 | + | one of its units, if the organization is qualified as tax exempt under § 501(c)(4) or § 25 | |
610 | + | 501(c)(19) of the Internal Revenue Code. 26 | |
613 | 611 | ||
614 | - | ||
612 | + | 11–206. 27 | |
615 | 613 | ||
616 | - | 3. Title 3 or Title 10, Chapter 1223, §§ 12731 through 12737 33 | |
617 | - | of the United States Code; or 34 14 SENATE BILL 278 | |
614 | + | (d) The sales and use tax does not apply to: 28 | |
615 | + | ||
616 | + | (2) if the proceeds of the sale are used to support a bona fide nationally 29 | |
617 | + | organized and recognized organization of veterans [of the armed forces of the United 30 14 SENATE BILL 278 | |
618 | 618 | ||
619 | 619 | ||
620 | + | States] or auxiliary of the organization or 1 of its units, a sale of food or meals for 1 | |
621 | + | consumption only on the premises, served by the organization or auxiliary; 2 | |
620 | 622 | ||
621 | - | (ii) disability payments from a pension or retirement system. 1 | |
623 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 3 | |
624 | + | as follows: 4 | |
622 | 625 | ||
623 | - | ||
626 | + | Article – Tax – General 5 | |
624 | 627 | ||
625 | - | (ii) Subject to subparagraph (i) of this paragraph, a member of [the 3 | |
626 | - | Maryland National Guard or of] a reserve component [of the armed forces of the United 4 | |
627 | - | States] who has not [been activated under Title 10 of the United States Code] SERVED ON 5 | |
628 | - | OFFICIAL ACTIVE DUTY O RDERS, shall receive service credit at the rate of 4 months for 6 | |
629 | - | each full year of service with [the Maryland National Guard or with] a reserve component 7 | |
630 | - | [of the armed forces of the United States], not to exceed a total of 36 months. 8 | |
628 | + | 10–101. 6 | |
631 | 629 | ||
632 | - | (iii) Subject to subparagraph (i) of this paragraph, an individual shall 9 | |
633 | - | receive service credit at the rate of 4 months for each full year of attendance at a United 10 | |
634 | - | States service academy OR THE UNIFORMED SERVICES UNIVERSITY, not to exceed a 11 | |
635 | - | total of 16 months. 12 | |
630 | + | (a) In this title the following words have the meanings indicated. 7 | |
636 | 631 | ||
637 | - | Article – Tax – General 13 | |
632 | + | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 8 | |
633 | + | GOVERNMENT ARTICLE. 9 | |
638 | 634 | ||
639 | - | ||
635 | + | 10–207. 10 | |
640 | 636 | ||
641 | - | (a) In this article the following words have the meanings indicated. 15 | |
637 | + | (a) To the extent included in federal adjusted gross income, the amounts under 11 | |
638 | + | this section are subtracted from the federal adjusted gross income of a resident to determine 12 | |
639 | + | Maryland adjusted gross income. 13 | |
642 | 640 | ||
643 | - | ( | |
644 | - | ||
641 | + | (p) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 14 | |
642 | + | MEANINGS INDICATED . 15 | |
645 | 643 | ||
646 | - | ( | |
647 | - | ||
644 | + | (II) “MILITARY PAY” MEANS PAY RECEIVED AS A RESULT OF 16 | |
645 | + | MILITARY SERVICE . 17 | |
648 | 646 | ||
649 | - | ( | |
650 | - | ||
647 | + | (III) “MILITARY SERVICE ” HAS THE MEANING STAT ED IN 18 | |
648 | + | SUBSECTION (Q)(1) OF THIS SECTION. 19 | |
651 | 649 | ||
652 | - | 11–204. 22 | |
650 | + | (2) The subtraction under subsection (a) of this section includes the first 20 | |
651 | + | $15,000 of military pay that is: 21 | |
653 | 652 | ||
654 | - | (a) The sales and use tax does not apply to: 23 | |
653 | + | (i) received by an individual who is in active MILITARY service [of 22 | |
654 | + | any branch of the armed forces]; and 23 | |
655 | 655 | ||
656 | - | (8) a sale to a bona fide nationally organized and recognized organization 24 | |
657 | - | of veterans [of the armed forces of the United States] or an auxiliary of the organization or 25 | |
658 | - | one of its units, if the organization is qualified as tax exempt under § 501(c)(4) or § 26 | |
659 | - | 501(c)(19) of the Internal Revenue Code. 27 | |
656 | + | (ii) attributable to military service of the individual outside the 24 | |
657 | + | United States. 25 | |
660 | 658 | ||
661 | - | 11–206. 28 | |
659 | + | [(2)] (3) The amount of the subtraction under paragraph [(1)] (2) of this 26 | |
660 | + | subsection: 27 | |
662 | 661 | ||
663 | - | (d) The sales and use tax does not apply to: 29 | |
662 | + | (i) is reduced dollar for dollar in the amount by which military pay 28 | |
663 | + | received by the individual exceeds $15,000; and 29 | |
664 | 664 | SENATE BILL 278 15 | |
665 | - | ||
666 | - | ||
667 | - | (2) if the proceeds of the sale are used to support a bona fide nationally 1 | |
668 | - | organized and recognized organization of veterans [of the armed forces of the United 2 | |
669 | - | States] or auxiliary of the organization or 1 of its units, a sale of food or meals for 3 | |
670 | - | consumption only on the premises, served by the organization or auxiliary; 4 | |
671 | - | ||
672 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5 | |
673 | - | as follows: 6 | |
674 | - | ||
675 | - | Article – Tax – General 7 | |
676 | - | ||
677 | - | 10–101. 8 | |
678 | - | ||
679 | - | (a) In this title the following words have the meanings indicated. 9 | |
680 | - | ||
681 | - | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 10 | |
682 | - | GOVERNMENT ARTICLE. 11 | |
683 | - | ||
684 | - | 10–207. 12 | |
685 | - | ||
686 | - | (a) To the extent included in federal adjusted gross income, the amounts under 13 | |
687 | - | this section are subtracted from the federal adjusted gross income of a resident to determine 14 | |
688 | - | Maryland adjusted gross income. 15 | |
689 | - | ||
690 | - | (p) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 16 | |
691 | - | MEANINGS INDICATED . 17 | |
692 | - | ||
693 | - | (II) “MILITARY PAY” MEANS PAY RECEIVED A S A RESULT OF 18 | |
694 | - | MILITARY SERVICE . 19 | |
695 | - | ||
696 | - | (III) “MILITARY SERVICE” HAS THE MEANING STAT ED IN 20 | |
697 | - | SUBSECTION (Q)(1) OF THIS SECTION. 21 | |
698 | - | ||
699 | - | (2) The subtraction under subsection (a) of this section includes the first 22 | |
700 | - | $15,000 of military pay that is: 23 | |
701 | - | ||
702 | - | (i) received by an individual who is in active MILITARY service [of 24 | |
703 | - | any branch of the armed forces]; and 25 | |
704 | - | ||
705 | - | (ii) attributable to military service of the individual outside the 26 | |
706 | - | United States. 27 | |
707 | - | ||
708 | - | [(2)] (3) The amount of the subtraction under paragraph [(1)] (2) of this 28 | |
709 | - | subsection: 29 | |
710 | - | ||
711 | - | (i) is reduced dollar for dollar in the amount by which military pay 30 | |
712 | - | received by the individual exceeds $15,000; and 31 16 SENATE BILL 278 | |
713 | - | ||
714 | 665 | ||
715 | 666 | ||
716 | 667 | (ii) is reduced to zero if the amount of military pay received by the 1 | |
717 | 668 | individual exceeds $30,000. 2 | |
718 | 669 | ||
719 | 670 | (q) (1) (i) In this subsection the following words have the meanings 3 | |
720 | 671 | indicated. 4 | |
721 | 672 | ||
722 | 673 | (ii) “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF 5 | |
723 | 674 | THE STATE GOVERNMENT ARTICLE. 6 | |
724 | 675 | ||
725 | 676 | (III) “Military retirement income” means retirement income, 7 | |
726 | 677 | including death benefits, received as a result of military service. 8 | |
727 | 678 | ||
728 | 679 | [(iii)] (IV) “Military service” means: 9 | |
729 | 680 | ||
730 | 681 | 1. induction into the armed forces [of the United States] for 10 | |
731 | 682 | training and service under the Selective Training and Service Act of 1940 or a subsequent 11 | |
732 | 683 | act of a similar nature; 12 | |
733 | 684 | ||
734 | 685 | 2. membership in a reserve component [of the armed forces 13 | |
735 | 686 | of the United States]; 14 | |
736 | 687 | ||
737 | 688 | 3. membership in an active component of the armed forces 15 | |
738 | 689 | [of the United States]; OR 16 | |
739 | 690 | ||
740 | 691 | 4. [membership in the Maryland National Guard; or 17 | |
741 | 692 | ||
742 | 693 | 5.] active duty with the commissioned corps of the Public 18 | |
743 | 694 | Health Service, the National Oceanic and Atmospheric Administration, or the Coast and 19 | |
744 | 695 | Geodetic Survey. 20 | |
745 | 696 | ||
746 | 697 | (2) The subtraction under subsection (a) of this section includes: 21 | |
747 | 698 | ||
748 | 699 | (i) if, on the last day of the taxable year, the individual is under the 22 | |
749 | 700 | age of 55 years, the first $12,500 of military retirement income received by an individual 23 | |
750 | 701 | during the taxable year; and 24 | |
751 | 702 | ||
752 | 703 | (ii) if, on the last day of the taxable year, the individual is at least 55 25 | |
753 | 704 | years old, the first $20,000 of military retirement income received by an individual during 26 | |
754 | 705 | the taxable year. 27 | |
755 | 706 | ||
756 | 707 | 10–208. 28 | |
757 | 708 | ||
758 | 709 | (a) In addition to the modification under § 10–207 of this subtitle, the amounts 29 | |
759 | 710 | under this section are subtracted from the federal adjusted gross income of a resident to 30 | |
760 | - | determine Maryland adjusted gross income. 31 | |
761 | - | ||
711 | + | determine Maryland adjusted gross income. 31 | |
712 | + | 16 SENATE BILL 278 | |
762 | 713 | ||
763 | 714 | ||
764 | 715 | (i–1) (2) The subtraction under subsection (a) of this section includes an amount 1 | |
765 | 716 | equal to the amount specified in paragraph (4) of this subsection if an individual is a 2 | |
766 | 717 | qualifying public safety volunteer for the taxable year, as determined under paragraph (3) 3 | |
767 | 718 | of this subsection. 4 | |
768 | 719 | ||
769 | 720 | (3) An individual is a qualifying public safety volunteer for the taxable year 5 | |
770 | 721 | eligible for the subtraction modification under this subsection if the individual: 6 | |
771 | 722 | ||
772 | 723 | (iii) 3. is a member of [the National Guard or other] A reserve 7 | |
773 | 724 | component [of the United States armed forces who has been ordered into active military 8 | |
774 | 725 | service and] who serves on OFFICIAL active duty [in the armed forces of the United States] 9 | |
775 | 726 | ORDERS during the taxable year; or 10 | |
776 | 727 | ||
777 | 728 | (4) The amount of the subtraction under paragraph (2) of this subsection is 11 | |
778 | 729 | equal to $7,000. 12 | |
779 | 730 | ||
780 | 731 | 13–908. 13 | |
781 | 732 | ||
782 | 733 | (b) (1) IN THIS SUBSECTION, “PUBLIC HEALTH EMERGE NCY” INCLUDES: 14 | |
783 | 734 | ||
784 | 735 | (I) A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT OF 15 | |
785 | 736 | THE UNITED STATES UNDER THE NATIONAL EMERGENCIES ACT; 16 | |
786 | 737 | ||
787 | 738 | (II) AN EMERGENCY OR MAJO R DISASTER DECLARED BY THE 17 | |
788 | 739 | PRESIDENT OF THE UNITED STATES UNDER THE ROBERT T. STAFFORD DISASTER 18 | |
789 | 740 | RELIEF AND EMERGENCY ASSISTANCE ACT; 19 | |
790 | 741 | ||
791 | 742 | (III) A PUBLIC HEALTH EMER GENCY DECLARED BY THE 20 | |
792 | 743 | SECRETARY OF HEALTH AND HUMAN SERVICES UNDER 42 U.S.C. § 247D; AND 21 | |
793 | 744 | ||
794 | 745 | (IV) A CATASTROPHIC HEALT H EMERGENCY DECLARED BY THE 22 | |
795 | 746 | GOVERNOR UNDER § 14–3A–02 OF THE PUBLIC SAFETY ARTICLE. 23 | |
796 | 747 | ||
797 | 748 | [(1)] (2) The income tax imposed under this article shall be abated in the 24 | |
798 | 749 | case of any individual: 25 | |
799 | 750 | ||
800 | 751 | (i) who dies while in active service as a member of the [armed forces 26 | |
801 | 752 | of the United States] UNIFORMED SERVICES , if such death occurs while serving in a 27 | |
802 | 753 | combat zone OR A PUBLIC HEALTH E MERGENCY RESPONSE AR EA or as a result of 28 | |
803 | 754 | wounds, disease, or injury incurred while so serving; or 29 | |
804 | 755 | ||
805 | 756 | (ii) who dies while a [military] MEMBER OF THE UNIFORMED 30 | |
806 | 757 | SERVICES or civilian employee of the United States, if such death occurs as a result of 31 | |
807 | - | wounds, DISEASE, or injury incurred while the individual was a [military] MEMBER OF 32 18 SENATE BILL 278 | |
758 | + | wounds, DISEASE, or injury incurred while the individual was a [military] MEMBER OF 32 | |
759 | + | THE UNIFORMED SERVICES or civilian employee of the United States and which were 33 SENATE BILL 278 17 | |
808 | 760 | ||
809 | 761 | ||
810 | - | THE UNIFORMED SERVIC ES or civilian employee of the United States and which were 1 | |
811 | - | incurred outside the United States in A PUBLIC HEALTH EMER GENCY RESPONSE OR a 2 | |
812 | - | terroristic or military action. 3 | |
762 | + | incurred outside the United States in A PUBLIC HEALTH EMER GENCY RESPONSE OR a 1 | |
763 | + | terroristic or military action. 2 | |
813 | 764 | ||
814 | - | [(2)] (3) The abatement of tax shall have the same effect and shall apply | |
815 | - | to the same taxable years as provided under § 692 of the Internal Revenue Code. | |
765 | + | [(2)] (3) The abatement of tax shall have the same effect and shall apply 3 | |
766 | + | to the same taxable years as provided under § 692 of the Internal Revenue Code. 4 | |
816 | 767 | ||
817 | - | SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read | |
818 | - | as follows: | |
768 | + | SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5 | |
769 | + | as follows: 6 | |
819 | 770 | ||
820 | - | Article – Tax – Property | |
771 | + | Article – Tax – Property 7 | |
821 | 772 | ||
822 | - | 1–101. | |
773 | + | 1–101. 8 | |
823 | 774 | ||
824 | - | (a) In this article the following words have the meanings indicated. | |
775 | + | (a) In this article the following words have the meanings indicated. 9 | |
825 | 776 | ||
826 | - | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE | |
827 | - | GOVERNMENT ARTICLE. | |
777 | + | (A–1) “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 10 | |
778 | + | GOVERNMENT ARTICLE. 11 | |
828 | 779 | ||
829 | - | (A–2) “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF | |
830 | - | THE STATE GOVERNMENT ARTICLE. | |
780 | + | (A–2) “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF 12 | |
781 | + | THE STATE GOVERNMENT ARTICLE. 13 | |
831 | 782 | ||
832 | - | (HH–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 | |
833 | - | OF THE STATE GOVERNMENT ARTICLE. | |
783 | + | (HH–1) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 14 | |
784 | + | OF THE STATE GOVERNMENT ARTICLE. 15 | |
834 | 785 | ||
835 | - | (JJ–1) “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE | |
836 | - | STATE GOVERNMENT ARTICLE. | |
786 | + | (JJ–1) “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 16 | |
787 | + | STATE GOVERNMENT ARTICLE. 17 | |
837 | 788 | ||
838 | - | (OO–1) “UNIFORMED | |
839 | - | OF THE STATE GOVERNMENT ARTICLE. | |
789 | + | (OO–1) “UNIFORMED SERVICE S” HAS THE MEANING STAT ED IN § 9–901 18 | |
790 | + | OF THE STATE GOVERNMENT ARTICLE. 19 | |
840 | 791 | ||
841 | - | (RR) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE | |
842 | - | GOVERNMENT ARTICLE. | |
792 | + | (RR) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 20 | |
793 | + | GOVERNMENT ARTICLE. 21 | |
843 | 794 | ||
844 | - | 7–208. | |
795 | + | 7–208. 22 | |
845 | 796 | ||
846 | - | (a) (1) In this section the following words have the meanings indicated. | |
797 | + | (a) (1) In this section the following words have the meanings indicated. 23 | |
847 | 798 | ||
848 | - | (2) “Disabled active duty service member” means an [individual in active | |
849 | - | service of the military, naval, or air service as defined in 38 U.S.C. § 101] ACTIVE SERVICE | |
850 | - | MEMBER who has a service connected physical disability that: | |
799 | + | (2) “Disabled active duty service member” means an [individual in active 24 | |
800 | + | service of the military, naval, or air service as defined in 38 U.S.C. § 101] ACTIVE SERVICE 25 | |
801 | + | MEMBER who has a service connected physical disability that: 26 | |
851 | 802 | ||
852 | - | (i) is reasonably certain to continue for the life of the service 28 | |
853 | - | member; and 29 | |
854 | - | SENATE BILL 278 19 | |
803 | + | (i) is reasonably certain to continue for the life of the service 27 | |
804 | + | member; and 28 | |
805 | + | ||
806 | + | (ii) was not caused or incurred by misconduct of the service member. 29 18 SENATE BILL 278 | |
855 | 807 | ||
856 | 808 | ||
857 | - | (ii) was not caused or incurred by misconduct of the service member. 1 | |
858 | 809 | ||
859 | - | (3) (i) “Disabled veteran” means an individual who: | |
810 | + | (3) (i) “Disabled veteran” means an individual who: 1 | |
860 | 811 | ||
861 | - | 1. is [honorably discharged or released under honorable | |
862 | - | circumstances from active military, naval, or air service as defined in 38 U.S.C. § 101] A | |
863 | - | VETERAN; and | |
812 | + | 1. is [honorably discharged or released under honorable 2 | |
813 | + | circumstances from active military, naval, or air service as defined in 38 U.S.C. § 101] A 3 | |
814 | + | VETERAN; and 4 | |
864 | 815 | ||
865 | - | 2. has been declared by the U.S. Department of Veterans | |
866 | - | Affairs to have a permanent 100% service connected disability that results from blindness | |
867 | - | or other disabling cause that: | |
816 | + | 2. has been declared by the U.S. Department of Veterans 5 | |
817 | + | Affairs to have a permanent 100% service connected disability that results from blindness 6 | |
818 | + | or other disabling cause that: 7 | |
868 | 819 | ||
869 | - | A. is reasonably certain to continue for the life of the veteran; | |
870 | - | and | |
820 | + | A. is reasonably certain to continue for the life of the veteran; 8 | |
821 | + | and 9 | |
871 | 822 | ||
872 | - | B. was not caused or incurred by misconduct of the veteran. | |
823 | + | B. was not caused or incurred by misconduct of the veteran. 10 | |
873 | 824 | ||
874 | - | (ii) “Disabled veteran” includes an individual who qualifies | |
875 | - | posthumously for a 100% service connected disability. | |
825 | + | (ii) “Disabled veteran” includes an individual who qualifies 11 | |
826 | + | posthumously for a 100% service connected disability. 12 | |
876 | 827 | ||
877 | - | (b) Except as provided in subsection (e) of this section, a dwelling house is exempt | |
878 | - | from property tax if: | |
828 | + | (b) Except as provided in subsection (e) of this section, a dwelling house is exempt 13 | |
829 | + | from property tax if: 14 | |
879 | 830 | ||
880 | - | (1) the dwelling house is owned by: | |
831 | + | (1) the dwelling house is owned by: 15 | |
881 | 832 | ||
882 | - | (i) a disabled active duty service member; | |
833 | + | (i) a disabled active duty service member; 16 | |
883 | 834 | ||
884 | - | (ii) a disabled veteran; | |
835 | + | (ii) a disabled veteran; 17 | |
885 | 836 | ||
886 | - | (iii) a surviving spouse of an individual who died in the line of duty, | |
887 | - | if: | |
837 | + | (iii) a surviving spouse of an individual who died in the line of duty, 18 | |
838 | + | if: 19 | |
888 | 839 | ||
889 | - | 1. the dwelling house was owned by the individual at the | |
890 | - | time of the individual’s death; | |
840 | + | 1. the dwelling house was owned by the individual at the 20 | |
841 | + | time of the individual’s death; 21 | |
891 | 842 | ||
892 | - | 2. the dwelling house was acquired by the surviving spouse | |
893 | - | within 2 years of the individual’s death, if the individual or the surviving spouse was | |
894 | - | domiciled in the State as of the date of the individual’s death; or | |
843 | + | 2. the dwelling house was acquired by the surviving spouse 22 | |
844 | + | within 2 years of the individual’s death, if the individual or the surviving spouse was 23 | |
845 | + | domiciled in the State as of the date of the individual’s death; or 24 | |
895 | 846 | ||
896 | - | 3. the dwelling house was acquired after the surviving | |
897 | - | spouse qualified for exemption for a former dwelling house under item 1 or 2 of this item, | |
898 | - | to the extent of the previous exemption; or | |
847 | + | 3. the dwelling house was acquired after the surviving 25 | |
848 | + | spouse qualified for exemption for a former dwelling house under item 1 or 2 of this item, 26 | |
849 | + | to the extent of the previous exemption; or 27 | |
899 | 850 | ||
900 | - | (iv) a surviving spouse of a disabled veteran who meets the | |
901 | - | requirements of subsection (c) of this section; and | |
851 | + | (iv) a surviving spouse of a disabled veteran who meets the 28 | |
852 | + | requirements of subsection (c) of this section; and 29 | |
902 | 853 | ||
903 | - | (2) the application requirements of subsection (d) of this section are met. | |
904 | - | ||
854 | + | (2) the application requirements of subsection (d) of this section are met. 30 | |
855 | + | SENATE BILL 278 19 | |
905 | 856 | ||
906 | 857 | ||
907 | 858 | 9–102. 1 | |
908 | 859 | ||
909 | 860 | (a) (1) In this section the following words have the meanings indicated. 2 | |
910 | 861 | ||
911 | 862 | (9) “Renter” means an individual, who during the calendar year for which 3 | |
912 | 863 | the property tax relief under this section is sought, actually occupies a dwelling in which 4 | |
913 | 864 | the individual has a leasehold interest and who: 5 | |
914 | 865 | ||
915 | 866 | (ii) has been found permanently and totally disabled and has 6 | |
916 | 867 | qualified for benefits under: 7 | |
917 | 868 | ||
918 | 869 | 3. any federal act for SERVICE members [of the United 8 | |
919 | 870 | States armed forces]; or 9 | |
920 | 871 | ||
921 | 872 | (b) There is a property tax relief program for any renter. 10 | |
922 | 873 | ||
923 | 874 | (h) (1) The property tax relief that a renter may receive under this section is 11 | |
924 | 875 | the assumed property tax on real property less a percentage of the combined income of the 12 | |
925 | 876 | renter. 13 | |
926 | 877 | ||
927 | 878 | (2) The percentage is: 14 | |
928 | 879 | ||
929 | 880 | (i) 0% of the 1st $4,000 of combined income; 15 | |
930 | 881 | ||
931 | 882 | (ii) 2.5% of the 2nd $4,000 of combined income; and 16 | |
932 | 883 | ||
933 | 884 | (iii) 5.5% of the combined income over $8,000. 17 | |
934 | 885 | ||
935 | 886 | 9–219. 18 | |
936 | 887 | ||
937 | 888 | (a) The Mayor and City Council of Baltimore City or the governing body of a 19 | |
938 | 889 | county or of a municipal corporation may grant, by law, a property tax credit against the 20 | |
939 | 890 | county or municipal corporation property tax imposed on rental dwellings of owners who 21 | |
940 | 891 | provide reduced rents for any tenant who: 22 | |
941 | 892 | ||
942 | 893 | (2) has been found permanently and totally disabled and has qualified for 23 | |
943 | 894 | benefits under: 24 | |
944 | 895 | ||
945 | 896 | (iii) any federal act for SERVICE members [of the United States 25 | |
946 | 897 | armed forces]; or 26 | |
947 | 898 | ||
948 | 899 | 9–258. 27 | |
949 | 900 | ||
950 | 901 | (a) (1) In this section the following words have the meanings indicated. 28 | |
951 | 902 | ||
952 | - | (2) “Dwelling” has the meaning stated in § 9–105 of this title. 29 | |
953 | - | ||
903 | + | (2) “Dwelling” has the meaning stated in § 9–105 of this title. 29 | |
904 | + | 20 SENATE BILL 278 | |
954 | 905 | ||
955 | 906 | ||
956 | 907 | (3) “Eligible individual” means: 1 | |
957 | 908 | ||
958 | 909 | (ii) an individual who is at least 65 years old and is a retired 2 | |
959 | 910 | SERVICE member [of the uniformed services of the United States as defined in 10 U.S.C. § 3 | |
960 | 911 | 101, the military reserves, or the National Guard]; 4 | |
961 | 912 | ||
962 | 913 | (iii) a surviving spouse, who is at least 65 years old and has not 5 | |
963 | 914 | remarried, of a retired SERVICE member [of the uniformed services of the United States 6 | |
964 | 915 | as defined in 10 U.S.C. § 101, the military reserves, or the National Guard]; 7 | |
965 | 916 | ||
966 | 917 | (iv) an individual who: 8 | |
967 | 918 | ||
968 | 919 | 1. is an active duty, retired, or honorably discharged 9 | |
969 | 920 | SERVICE member [of the uniformed services of the United States as defined in 10 U.S.C. § 10 | |
970 | 921 | 101, the military reserves, or the National Guard]; and 11 | |
971 | 922 | ||
972 | 923 | 2. has a service–connected disability as defined in a local law 12 | |
973 | 924 | enacted under this section; or 13 | |
974 | 925 | ||
975 | 926 | (v) a surviving spouse of an individual described under item (iv) of 14 | |
976 | 927 | this paragraph who has not remarried. 15 | |
977 | 928 | ||
978 | 929 | (b) The Mayor and City Council of Baltimore City or the governing body of a 16 | |
979 | 930 | county or municipal corporation may grant, by law, a property tax credit under this section 17 | |
980 | 931 | against the county or municipal corporation property tax imposed on the dwelling of an 18 | |
981 | 932 | eligible individual. 19 | |
982 | 933 | ||
983 | 934 | 9–265. 20 | |
984 | 935 | ||
985 | 936 | (a) (1) In this section the following words have the meanings indicated. 21 | |
986 | 937 | ||
987 | 938 | (2) “Disabled veteran” means an individual who: 22 | |
988 | 939 | ||
989 | 940 | (i) is [honorably discharged or released under honorable 23 | |
990 | 941 | circumstances from active military, naval, or air service as defined in 38 U.S.C. § 101] A 24 | |
991 | 942 | VETERAN; and 25 | |
992 | 943 | ||
993 | 944 | (ii) 1. has been declared by the U.S. Department of Veterans 26 | |
994 | 945 | Affairs to have a permanent service–connected disability of at least 50% that results from 27 | |
995 | 946 | blindness or any other disabling cause that: 28 | |
996 | 947 | ||
997 | 948 | A. is reasonably certain to continue for the life of the veteran; 29 | |
998 | 949 | and 30 | |
999 | - | 22 SENATE BILL 278 | |
1000 | 950 | ||
1001 | - | ||
1002 | - | B. was not caused or incurred by misconduct of the veteran; 1 | |
1003 | - | or 2 | |
1004 | - | ||
1005 | - | 2. has been declared by the U.S. Department of Veterans 3 | |
1006 | - | Affairs to have a nonpermanent service–connected disability of 100% that results from 4 | |
1007 | - | blindness or any other disabling cause that was not caused or incurred by misconduct of 5 | |
1008 | - | the veteran. 6 | |
1009 | - | ||
1010 | - | (3) “Dwelling house”: 7 | |
1011 | - | ||
1012 | - | (i) means real property that is: 8 | |
1013 | - | ||
1014 | - | 1. the legal residence of a disabled veteran; and 9 | |
1015 | - | ||
1016 | - | 2. occupied by not more than two families; and 10 | |
1017 | - | ||
1018 | - | (ii) includes the lot or curtilage and structures necessary to use the 11 | |
1019 | - | real property as a residence. 12 | |
1020 | - | ||
1021 | - | (b) The Mayor and City Council of Baltimore City or the governing body of a 13 | |
1022 | - | county or municipal corporation may grant, by law, a property tax credit under this section 14 | |
1023 | - | against the county or municipal corporation property tax imposed on a dwelling house if: 15 | |
1024 | - | ||
1025 | - | (1) the dwelling house is owned by a disabled veteran; 16 | |
1026 | - | ||
1027 | - | (2) the disabled veteran’s federal adjusted gross income for the 17 | |
1028 | - | immediately preceding taxable year does not exceed $100,000; and 18 | |
1029 | - | ||
1030 | - | (3) the application requirements of subsection (d) of this section are met. 19 | |
1031 | - | ||
1032 | - | 10–204. 20 | |
1033 | - | ||
1034 | - | (a) Notwithstanding Subtitle 1 of this title, the governing body of a county may 21 | |
1035 | - | authorize, by law, a payment deferral of county property tax for residential real property 22 | |
1036 | - | occupied as the principal residence of the owner. 23 | |
1037 | - | ||
1038 | - | (b) An owner is eligible for a payment deferral under subsection (a) of this section 24 | |
1039 | - | if the owner or at least 1 of the owners: 25 | |
1040 | - | ||
1041 | - | (1) has resided in the dwelling for a period of at least 5 consecutive years; 26 | |
1042 | - | ||
1043 | - | (2) (ii) has been found permanently and totally disabled and has 27 | |
1044 | - | qualified for benefits under: 28 | |
1045 | - | ||
1046 | - | 3. any federal act for SERVICE members [of the United 29 | |
1047 | - | States armed forces]; or 30 | |
1048 | - | SENATE BILL 278 23 | |
1049 | - | ||
1050 | - | ||
1051 | - | (3) meets the income eligibility requirements determined under subsection 1 | |
1052 | - | (c) of this section. 2 | |
1053 | - | ||
1054 | - | 10–204.2. 3 | |
1055 | - | ||
1056 | - | (a) Notwithstanding Subtitle 1 of this title, the governing body of a municipal 4 | |
1057 | - | corporation may authorize, by law, a payment deferral of municipal corporation property 5 | |
1058 | - | tax for residential real property occupied as the principal residence of the owner. 6 | |
1059 | - | ||
1060 | - | (b) An owner is eligible for a payment deferral under subsection (a) of this section 7 | |
1061 | - | if the owner or at least 1 of the owners: 8 | |
1062 | - | ||
1063 | - | (1) has resided in the dwelling for a period of at least 5 consecutive years; 9 | |
1064 | - | ||
1065 | - | (2) (ii) has been found permanently and totally disabled and has 10 | |
1066 | - | qualified for benefits under: 11 | |
1067 | - | ||
1068 | - | 3. any federal act for SERVICE members [of the United 12 | |
1069 | - | States armed forces]; or 13 | |
1070 | - | ||
1071 | - | (3) meets the income eligibility requirements determined under subsection 14 | |
1072 | - | (c) of this section. 15 | |
1073 | - | ||
1074 | - | SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 16 | |
1075 | - | applicable to all taxable years beginning after December 31, 2024. 17 | |
1076 | - | ||
1077 | - | SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this A ct shall be 18 | |
1078 | - | applicable to all taxable years beginning after June 30, 2025. 19 | |
1079 | - | ||
1080 | - | SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 | |
1081 | - | 1, 2025. 21 | |
951 | + | B. was not caused or incurred by misconduct of the veteran; 31 | |
952 | + | or 32 SENATE BILL 278 21 | |
1082 | 953 | ||
1083 | 954 | ||
1084 | 955 | ||
956 | + | 2. has been declared by the U.S. Department of Veterans 1 | |
957 | + | Affairs to have a nonpermanent service–connected disability of 100% that results from 2 | |
958 | + | blindness or any other disabling cause that was not caused or incurred by misconduct of 3 | |
959 | + | the veteran. 4 | |
1085 | 960 | ||
1086 | - | Approved: | |
1087 | - | ________________________________________________________________________________ | |
1088 | - | Governor. | |
1089 | - | ________________________________________________________________________________ | |
1090 | - | President of the Senate. | |
1091 | - | ________________________________________________________________________________ | |
1092 | - | Speaker of the House of Delegates. | |
961 | + | (3) “Dwelling house”: 5 | |
962 | + | ||
963 | + | (i) means real property that is: 6 | |
964 | + | ||
965 | + | 1. the legal residence of a disabled veteran; and 7 | |
966 | + | ||
967 | + | 2. occupied by not more than two families; and 8 | |
968 | + | ||
969 | + | (ii) includes the lot or curtilage and structures necessary to use the 9 | |
970 | + | real property as a residence. 10 | |
971 | + | ||
972 | + | (b) The Mayor and City Council of Baltimore City or the governing body of a 11 | |
973 | + | county or municipal corporation may grant, by law, a property tax credit under this section 12 | |
974 | + | against the county or municipal corporation property tax imposed on a dwelling house if: 13 | |
975 | + | ||
976 | + | (1) the dwelling house is owned by a disabled veteran; 14 | |
977 | + | ||
978 | + | (2) the disabled veteran’s federal adjusted gross income for the 15 | |
979 | + | immediately preceding taxable year does not exceed $100,000; and 16 | |
980 | + | ||
981 | + | (3) the application requirements of subsection (d) of this section are met. 17 | |
982 | + | ||
983 | + | 10–204. 18 | |
984 | + | ||
985 | + | (a) Notwithstanding Subtitle 1 of this title, the governing body of a county may 19 | |
986 | + | authorize, by law, a payment deferral of county property tax for residential real property 20 | |
987 | + | occupied as the principal residence of the owner. 21 | |
988 | + | ||
989 | + | (b) An owner is eligible for a payment deferral under subsection (a) of this section 22 | |
990 | + | if the owner or at least 1 of the owners: 23 | |
991 | + | ||
992 | + | (1) has resided in the dwelling for a period of at least 5 consecutive years; 24 | |
993 | + | ||
994 | + | (2) (ii) has been found permanently and totally disabled and has 25 | |
995 | + | qualified for benefits under: 26 | |
996 | + | ||
997 | + | 3. any federal act for SERVICE members [of the United 27 | |
998 | + | States armed forces]; or 28 | |
999 | + | ||
1000 | + | (3) meets the income eligibility requirements determined under subsection 29 | |
1001 | + | (c) of this section. 30 22 SENATE BILL 278 | |
1002 | + | ||
1003 | + | ||
1004 | + | ||
1005 | + | 10–204.2. 1 | |
1006 | + | ||
1007 | + | (a) Notwithstanding Subtitle 1 of this title, the governing body of a municipal 2 | |
1008 | + | corporation may authorize, by law, a payment deferral of municipal corporation property 3 | |
1009 | + | tax for residential real property occupied as the principal residence of the owner. 4 | |
1010 | + | ||
1011 | + | (b) An owner is eligible for a payment deferral under subsection (a) of this section 5 | |
1012 | + | if the owner or at least 1 of the owners: 6 | |
1013 | + | ||
1014 | + | (1) has resided in the dwelling for a period of at least 5 consecutive years; 7 | |
1015 | + | ||
1016 | + | (2) (ii) has been found permanently and totally disabled and has 8 | |
1017 | + | qualified for benefits under: 9 | |
1018 | + | ||
1019 | + | 3. any federal act for SERVICE members [of the United 10 | |
1020 | + | States armed forces]; or 11 | |
1021 | + | ||
1022 | + | (3) meets the income eligibility requirements determined under subsection 12 | |
1023 | + | (c) of this section. 13 | |
1024 | + | ||
1025 | + | SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 14 | |
1026 | + | applicable to all taxable years beginning after December 31, 2024. 15 | |
1027 | + | ||
1028 | + | SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall be 16 | |
1029 | + | applicable to all taxable years beginning after June 30, 2025. 17 | |
1030 | + | ||
1031 | + | SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18 | |
1032 | + | 1, 2025. 19 |