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. Italics indicate opposite chamber/conference committee amendments. *sb0281* SENATE BILL 281 P1, R7 (5lr0607) ENROLLED BILL — Judicial Proceedings and Education, Energy, and the Environment/Environment and Transportation — Introduced by Senators Simonaire, Salling, Jennings, Gallion, Mautz, and Bailey, Folden, and James Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at ________________________ o’clock, ________M. ______________________________________________ President. CHAPTER ______ AN ACT concerning 1 Transportation Equality for Service Members Act 2 FOR the purpose of establishing rules of interpretation related to the uniformed services; 3 altering the rule of interpretation for “veteran”; altering the application of certain 4 provisions of law governing transportation to apply to all uniformed services, rather 5 than only certain uniformed services; exempting certain vehicles owned by licensed 6 dealers from a certain excise tax; and generally relating to veterans and uniformed 7 services. 8 BY renumbering 9 Article – Transportation 10 Section 11–103.4 11 to be Section 11–103.5 12 2 SENATE BILL 281 Annotated Code of Maryland 1 (2020 Replacement Volume and 2024 Supplement) 2 BY adding to 3 Article – General Provisions 4 Section 1–101.1, 1–101.2, 1–103.1, 1–114.1, 1–114.2, and 1–116 5 Annotated Code of Maryland 6 (2019 Replacement Volume and 2024 Supplement) 7 BY repealing and reenacting, with amendments, 8 Article – General Provisions 9 Section 1–117 10 Annotated Code of Maryland 11 (2019 Replacement Volume and 2024 Supplement) 12 BY repealing and reenacting, with amendments, 13 Article – State Government 14 Section 9–901 15 Annotated Code of Maryland 16 (2021 Replacement Volume and 2024 Supplement) 17 BY repealing and reenacting, without amendments, 18 Article – Transportation 19 Section 11–101, 12–301(i)(4)(i), 13–616.2(a)(2)(ii)1., 16–115(a)(1) and (2), and 20 23–202(a)(1) 21 Annotated Code of Maryland 22 (2020 Replacement Volume and 2024 Supplement) 23 BY adding to 24 Article – Transportation 25 Section 11–101.1, 11–101.2, 11–103.4, 11–148.2, 11–158.1, 11–174.2, and 11–178, 26 and 13–810(g) 27 Annotated Code of Maryland 28 (2020 Replacement Volume and 2024 Supplement) 29 BY repealing and reenacting, with amendments, 30 Article – Transportation 31 Section 12–301(i)(4)(ii)1., 13–402.1(c), 13–616.2(a)(2)(ii)2.B., 13–619.1(a)(2) and (3), 32 (c), and (d)(1), 13–619.4(b) and (c), 13–810(f), 16–102(a)(7), 16–111(e)(1) and 33 (4), 16–115(d)(1), and 23–206.2(c) 34 Annotated Code of Maryland 35 (2020 Replacement Volume and 2024 Supplement) 36 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 37 That Section(s) 11–103.4 of Article – Transportation of the Annotated Code of Maryland be 38 renumbered to be Section(s) 11–103.5. 39 SENATE BILL 281 3 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1 as follows: 2 Article – General Provisions 3 1–101.1. 4 “ACTIVE DUT Y” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 5 GOVERNMENT ARTICLE. 6 1–101.2. 7 “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 8 STATE GOVERNMENT ARTICLE. 9 1–103.1. 10 “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 11 GOVERNMEN T ARTICLE. 12 1–114.1. 13 “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 14 GOVERNMENT ARTICLE. 15 1–114.2. 16 “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 17 GOVERNMENT ARTICLE. 18 1–116. 19 “UNIFORMED SERVICES ” HAS THE MEANING STATED IN § 9–901 OF THE STATE 20 GOVERNMENT ARTICLE. 21 1–117. 22 (A) “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 23 GOVERNMENT ARTICLE. 24 (B) With respect to any State program of benefits, rights, or privileges applicable 25 to a veteran under this Code, “veteran” includes[, if the individual is eligible under 38 26 U.S.C. § 101, a member of the commissioned corps of: 27 (1) the Public Health Service; or 28 4 SENATE BILL 281 (2) the National Oceanic and Atmospheric Administration or its 1 predecessor, the Coast and Geodetic Survey] AN INDIVIDUAL WHO ME ETS THE 2 DEFINITION OF “VETERAN” UNDER § 9–901 OF THE STATE GOVERNMENT ARTICLE. 3 Article – State Government 4 9–901. 5 (a) In this subtitle the following words have the meanings indicated. 6 (B) “ACTIVE DUTY” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 7 (C) “ACTIVE SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS: 8 (1) AN ACTIVE DUTY MEMBE R OF THE UNIFORMED S ERVICES; OR 9 (2) SERVING IN A RESERVE COMPONENT OF THE UNI FORMED 10 SERVICES ON ACTIVE D UTY ORDERS. 11 (D) “ARMED FORCES ” HAS THE MEA NING STATED IN 10 U.S.C. § 101. 12 [(b)] (E) “Board” means the Board of Trustees of the Maryland Veterans Trust. 13 [(c)] (F) “Department” means the Department of Veterans and Military 14 Families. 15 (G) “MILITARY FAMILY ” INCLUDES THE SPOUSE AND DEPENDENT 16 CHILDREN OF A SERVIC E MEMBER OR VETERAN RELATED BY BLOOD , MARRIAGE, OR 17 ADOPTION. 18 (H) “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 19 [(d)] (I) “Secretary” means the Secretary of Veterans and Military Families. 20 (J) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS A MEMBER OF: 21 (1) THE UNIFORMED SERVIC ES; OR 22 (2) A RESERVE COMPONENT OF THE UNIFORMED SER VICES. 23 [(e)] (K) “Trust” means the Maryland Veterans Trust. 24 (L) “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN 37 U.S.C. § 101. 25 SENATE BILL 281 5 [(f)] (M) Except as otherwise provided [in this subtitle], “veteran” [means an 1 individual who served on active duty in the armed forces of the United States, other than 2 for training, and was discharged or released under conditions other than dishonorable] HAS 3 THE MEANING STATED I N 38 U.S.C. § 101. 4 Article – Transportation 5 11–101. 6 In the Maryland Vehicle Law, the following words have the meanings indicated, 7 unless the context requires otherwise. 8 11–101.1. 9 “ACTIVE DUTY” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 10 GOVERNMENT ARTICLE. 11 11–101.2. 12 “ACTIVE SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE 13 STATE GOVERNMENT ARTICLE. 14 11–103.4. 15 “ARMED FORCES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 16 GOVERNMENT ARTICLE. 17 11–148.2. 18 “RESERVE COMPONENT ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 19 GOVERNMENT ARTICLE. 20 11–158.1. 21 “SERVICE MEMBER ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 22 GOVERNMENT ARTICLE. 23 11–174.2. 24 “UNIFORMED SERVICES ” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 25 GOVERNMENT ARTICLE. 26 11–178. 27 6 SENATE BILL 281 “VETERAN” HAS THE MEANING STAT ED IN § 9–901 OF THE STATE 1 GOVERNMENT ARTICLE. 2 12–301. 3 (i) (4) (i) Notwithstanding any other provision of this section, the 4 Administration may issue a temporary renewal for an identification card that extends the 5 expiration date for a period not exceeding 2 years for an applicant who: 6 1. Has the documentation required by federal law, as 7 enumerated in subsection (a)(4) and (5) of this section, on file with the Administration; 8 2. Has a photograph on file with the Administration that will 9 not be 16 years old or older by the expiration date of the temporary renewal; and 10 3. Has an identification card that was issued for the full term 11 under paragraph (1) of this subsection. 12 (ii) The Administration may make temporary renewal of an 13 identification card available to: 14 1. An active [duty] SERVICE member [of the armed forces of 15 the United States] or a spouse or dependent of the ACTIVE SERVICE member; 16 13–402.1. 17 (c) If a nonresident is a member of the [armed forces of the United States or of 18 the United States Public Health Service] UNIFORMED SERVICES and is serving on active 19 duty in this State or an adjoining state or the District of Columbia, the nonresident need 20 not register [his] THE MEMBER ’S personal passenger vehicles in this State if the vehicles 21 are registered in the state of [his] THE MEMBER ’S residence. 22 13–616.2. 23 (a) A person may apply to the Administration for a temporary parking placard on 24 a form provided by the Administration if: 25 (2) (ii) The applicant, a dependent of the applicant, or any individual 26 who depends on the applicant for transportation: 27 1. Submits proof satisfactory to the Administration that the 28 individual has a disability as described in § 13–616(b)(1) of this subtitle; and 29 2. B. Is serving in the [armed forces of the United States] 30 UNIFORMED SERVICES and is stationed in the State; 31 SENATE BILL 281 7 13–619.1. 1 (a) (2) To be eligible for a special registration described under subsection 2 (c)(2)(i) of this section, an applicant shall provide proof that is satisfactory to the 3 Administration that the applicant is a recipient of an individually earned, combat–related 4 armed forces medal OR A NON–COMBAT–RELATED UNIFORMED SE RVICES MEDAL OF 5 THE HIGHEST LEV ELS. 6 (3) To be eligible for a special registration described under subsection 7 (c)(2)(ii) of this section, an applicant shall provide proof that is satisfactory to the 8 Administration that the applicant is [an honorably discharged] A veteran [of a branch of 9 the armed forces of the United States]. 10 (c) Special registration plates issued under this section: 11 (1) May consist of any combination of letters, numerals, or both; and 12 (2) Shall include: 13 (i) For registration plates issued for an applicant described in 14 subsection (a)(2) of this section: 15 1. An emblem or logo as authorized by the Administration 16 that depicts the applicant’s [armed forces] UNIFORMED SERVICES medal; and 17 2. Except on plates issued for Class D (motorcycle) vehicles, 18 words describing the medal printed across the bottom of the plates; 19 (ii) Words or an emblem or logo indicating that the special 20 registration plate holder is [an honorably discharged] A veteran [of a branch of the armed 21 forces of the United States]; or 22 (iii) An emblem or logo indicating that the registration plate holder 23 is the recipient of the U.S. Department of Defense Gold Star or Next of Kin lapel button. 24 (d) (1) The Administration, in consultation with the U.S. Department of 25 Defense, THE DEPARTMENT OF HOMELAND SECURITY, THE COMMISSIONED CORPS 26 OF THE PUBLIC HEALTH SERVICE, THE NATIONAL OCEANIC AND ATMOSPHERIC 27 ADMINISTRATION , and appropriate representatives of the various branches of the [armed 28 forces] UNIFORMED SERVICES , shall adopt regulations specifying those [armed forces] 29 UNIFORMED SERVICES medals that are of the type described in subsection (a)(2) of this 30 section and which, when awarded to an individual, qualify that individual to apply for 31 special registration under this section. 32 13–619.4. 33 8 SENATE BILL 281 (b) To be eligible for a special disabled veteran registration plate under this 1 section, an applicant shall provide proof that is satisfactory to the Administration that the 2 applicant is [an armed forces] A veteran who is between 50% and 99%, inclusive, 3 service–connected disabled as designated or classified by the U.S. Department of Veterans 4 Affairs. 5 (c) The Administration may issue a special disabled veteran registration plate 6 that does not display the international symbol of access in recognition of the vehicle owner’s 7 service–connected disability to an individual who is [an armed forces] A veteran and is 8 between 50% and 99%, inclusive, service–connected disabled. 9 13–810. 10 (f) [(1) In this subsection, “military” includes the Commissioned Corps of the 11 Public Health Service, the National Oceanic and Atmospheric Administration, and the 12 Coast and Geodetic Survey. 13 (2)] A vehicle is exempt from the excise tax imposed by this part on issuance 14 of an original certificate of title if the vehicle: 15 [(i)] (1) Is owned by [a] AN ACTIVE SERVICE member [of the 16 military on active duty] or A SERVICE MEMBER who returns to the State from active duty; 17 and 18 [(ii)] (2) Was formerly titled and registered in another state by the 19 present owner of the vehicle. 20 (G) A VEHICLE OWNED BY A L ICENSED DEALER IS EX EMPT FROM THE EXCISE 21 TAX IMPOSED BY THIS PART IF THE VEHICLE IS PROVIDED TO A CUS TOMER FOR USE 22 WHILE THE CUSTOMER ’S VEHICLE IS NOT IN USE DUE TO REPAIR , MAINTENANCE , OR 23 OTHER VEHICLE SERVIC E PERFORMED BY THE D EALER. 24 16–102. 25 (a) The licensing requirements of this title do not apply to: 26 (7) A member of the [armed forces of the United States or of the United 27 States Public Health Service] UNIFORMED SERVICES who is serving on active duty and 28 any dependent of the member, if: 29 (i) The driver has [with him] IN THE DRIVER ’S POSSESSION a 30 license to drive issued to [him] THE DRIVER by [his] THE DRIVER’S state of domicile; and 31 (ii) The license authorizes the driver to drive in [his] THE DRIVER’S 32 state of domicile vehicles of the class [he] THE DRIVER is driving in this State; 33 SENATE BILL 281 9 16–111. 1 (e) (1) Notwithstanding subsection (d) of this section or any other provision of 2 this subtitle, the Administration may issue a provisional license to an individual who has 3 been licensed to drive in another state or country, or by the armed forces [of the United 4 States] for less than 18 months. 5 (4) Notwithstanding § 16–103(c)(3) of this subtitle, the Administration may 6 issue a license under § 16–111.1 of this subtitle without issuing a learner’s instructional 7 permit or a provisional license if the individual has been licensed to drive in another state 8 or country, or by the armed forces [of the United States], for at least 18 months. 9 16–115. 10 (a) (1) Subject to paragraph (5) of this subsection, a license issued under this 11 title to a driver at least 21 years old shall expire on the birth date of the licensee at the end 12 of a period of not more than 8 years determined in regulations adopted by the 13 Administration following the issuance of the license. 14 (2) Subject to paragraph (5) of this subsection, a license issued under this 15 title to a driver under the age of 21 years shall expire not later than 60 days after the 16 driver’s 21st birthday. 17 (d) (1) A license shall remain in full force and effect during an absence from 18 the State if the license is held by: 19 (i) 1. A member of the [armed forces of the United States] 20 UNIFORMED SERVICES who is absent from this State on active service in the [armed 21 forces of the United States] UNIFORMED SERVICES ; or 22 2. A dependent of the member who is residing with the 23 member outside the State; or 24 (ii) 1. A contract employee working on behalf of a federal agency 25 or branch of the [armed] UNIFORMED services who is absent from the State in service of 26 the contract; or 27 2. A dependent of the contract employee who is residing with 28 the contract employee outside the State. 29 23–202. 30 (a) (1) Subject to subsection (d) of this section, the Administration and the 31 Secretary shall establish an emissions control program in the State in accordance with the 32 federal Clean Air Act. 33 10 SENATE BILL 281 23–206.2. 1 (c) (1) A motor vehicle owned by at least one active duty member of the 2 [armed] UNIFORMED services [of the United States] at the time of a scheduled mandatory 3 inspection under this subtitle is exempt from the mandatory inspections required by this 4 subtitle if: 5 (i) An owner of the motor vehicle who is a member of the [armed] 6 UNIFORMED services [of the United States] has received [military] OFFICIAL orders: 7 1. For deployment outside the United States; or 8 2. To a duty station in a jurisdiction that is not subject to a 9 vehicle emissions control inspection and maintenance program; and 10 (ii) The exemption is not otherwise prohibited by federal law. 11 (2) In order to qualify for an exemption under paragraph (1) of this 12 subsection, all owners of the motor vehicle shall certify that at least one owner of the motor 13 vehicle has received [military] OFFICIAL orders for deployment outside the United States 14 or to a duty station in a jurisdiction that is not subject to a vehicle emissions control 15 inspection and maintenance program. 16 (3) The certification required in paragraph (2) of this subsection shall be 17 made on a form provided by the Administration. 18 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 October 1, 2025. 20 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.