EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0756*
HOUSE BILL 756
P1 4lr3104
CF SB 573
By: Delegates Hutchinson and Anderton
Introduced and read first time: January 31, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
General Provisions – State Flag – Casket of an Eligible Decedent 2
FOR the purpose of requiring the Secretary of State to furnish a State flag to drape the 3
casket of an eligible decedent; establishing the process for a State flag to be claimed 4
after burial; prohibiting the Secretary of State from procuring a certain flag; and 5
generally relating to the burial of an eligible decedent. 6
BY adding to 7
Article – General Provisions 8
Section 7–207 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2023 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – General Provisions 14
7–207. 15
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(2) “ELIGIBLE DECEDENT ” MEANS: 18
(I) AN EMPLOYEE OF THE STATE OR ANY POLITICA L 19
SUBDIVISION WHO DIED AS A RESULT OF: 20
1. AN ACCIDENTAL INJURY THAT AROSE OUT OF AN D IN 21
THE COURSE OF EMPLOY MENT WITH THE STATE OR POLITICAL SUB DIVISION; OR 22 2 HOUSE BILL 756
2. AN INJURY CAUSED BY A WILLFUL OR NEGLIGE NT ACT 1
OF A THIRD PERSON , DIRECTED AGAINST THE EMPLOYEE IN THE COUR SE OF 2
EMPLOYMENT WITH THE STATE OR POLITICAL SU BDIVISION; 3
(II) A CURRENT OR FORMER CONSTITUTIONAL OFFIC ER, AS 4
DEFINED IN § 29–305 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; 5
(III) A CURRENT OR FORMER MEMBER OF THE GENERAL 6
ASSEMBLY; 7
(IV) A JUDGE, AS DEFINED IN § 1–101 OF THE COURTS ARTICLE; 8
(V) AN INDIVIDUAL WHO CU RRENTLY HOLDS OR FOR MERLY 9
HELD ANY OF THE POSITIONS IDENTIFIED IN § 29–304 OF THE STATE PERSONNEL 10
AND PENSIONS ARTICLE; OR 11
(VI) ANY OTHER INDIVIDUAL WHOM THE GOVERNOR 12
DESIGNATES THROUGH A N EXECUTIVE ORDER . 13
(3) “POLITICAL SUBDIVISION ” HAS THE MEANING STAT ED IN § 4–101 14
OF THIS ARTICLE. 15
(4) “WHOLLY PRODUCED IN TH E UNITED STATES” MEANS A FLAG 16
THAT CONTAINS ONLY : 17
(I) MATERIALS AND COMPON ENTS THAT ARE GROWN , 18
MANUFACTURED , OR CREATED ENTIRELY IN THE UNITED STATES; 19
(II) PROCESSING COMPONENT S, INCLUDING SPINNING , 20
WEAVING, DYEING, AND FINISHING , THAT ARE PERFORMED E NTIRELY IN THE 21
UNITED STATES; AND 22
(III) MATERIALS THAT HAVE BEEN MANUFACTURED AN D 23
ASSEMBLED ENTIRELY I N THE UNITED STATES. 24
(B) THE SECRETARY OF STATE SHALL FURNISH A STATE FLAG TO DRAPE 25
THE CASKET OF AN ELI GIBLE DECEDENT . 26
(C) (1) AFTER THE BURIAL OF A N ELIGIBLE DECEDENT , THE FLAG SHALL 27
BE: 28
(I) CLAIMED BY AND PROVI DED TO THE ELIGIBLE DECEDENT’S 29 HOUSE BILL 756 3
NEXT OF KIN; OR 1
(II) PROVIDED TO A CLOSE FRIEND OR AN ASSOCIA TE, IF IT IS 2
NOT CLAIMED BY THE E LIGIBLE DECED ENT’S NEXT OF KIN. 3
(2) ONLY ONE FLAG MAY BE PROVIDED FOR THE DEA TH OF AN 4
ELIGIBLE DECEDENT UN DER THIS SECTION . 5
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 6
THE SECRETARY OF STATE MAY NOT PROCURE ANY FLAG UNDER THIS SECTION 7
UNLESS IT IS WHOLLY PRODUCED I N THE UNITED STATES. 8
(2) THE SECRETARY OF STATE MAY WAIVE THE R EQUIREMENT 9
UNDER PARAGRAPH (1) OF THIS SUBSECTION I F IT CANNOT BE MET R EASONABLY. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2024. 12