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.
*hb0756*
HOUSE BILL 756
P1 4lr3104
CF SB 573
By: Delegates Hutchinson and Anderton, Anderton, Alston, Bagnall, Bhandari,
Chisholm, Cullison, Guzzone, Hill, S. Johnson, Kaiser, Kerr, Kipke,
R. Lewis, Lopez, Martinez, M. Morgan, Pena–Melnyk, Reilly, Rosenberg,
Szeliga, Taveras, White Holland, and Woods
Introduced and read first time: January 31, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 23, 2024
CHAPTER ______
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 F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17 2 HOUSE BILL 756
(2) “ELIGIBLE DECEDENT ” MEANS: 1
(I) AN EMPLOYEE OF THE STATE OR ANY POLITICAL 2
SUBDIVISION WHO DIED AS A RESULT OF: 3
1. AN ACCIDENTAL INJURY THAT AROSE OUT OF AN D IN 4
THE COURSE OF EMPLOY MENT WITH THE STATE OR POLITICAL SU BDIVISION; OR 5
2. AN INJURY CAUSED BY A WILLFUL OR NEGLIGE NT ACT 6
OF A THIRD PERSON , DIRECTED AGAINST THE EMPLOYEE IN THE COURSE OF 7
EMPLOYMENT WITH THE STATE OR POLITICAL SU BDIVISION; 8
(II) A CURRENT OR FORMER CONSTITUTIONAL OFFIC ER, AS 9
DEFINED IN § 29–305 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; 10
(III) A CURRENT OR FORMER MEMBER OF THE GENERAL 11
ASSEMBLY; 12
(IV) A CURRENT OR FORMER GOVERNOR OF THE STATE; 13
(IV) (V) A JUDGE, AS DEFINED IN § 1–101 OF THE COURTS 14
ARTICLE; 15
(V) (VI) AN INDIVIDUAL WHO CU RRENTLY HOLDS OR 16
FORMERLY HELD ANY OF THE POSITIONS IDENTI FIED IN § 29–304 OF THE STATE 17
PERSONNEL AND PENSIONS ARTICLE; OR 18
(VI) (VII) ANY OTHER INDIVIDUAL WHOM THE GOVERNOR 19
DESIGNATES THROUGH A N EXECUTIVE ORDER . 20
(3) “POLITICAL SUBDIVISION ” HAS THE MEANING STAT ED IN § 4–101 21
OF THIS ARTICLE. 22
(4) “WHOLLY PRODUCED IN TH E UNITED STATES” MEANS A FLAG 23
THAT CONTAINS ONLY : 24
(I) MATERIALS AND COMPON ENTS THAT ARE GROWN , 25
MANUFACTURED , OR CREATED ENTIRELY IN THE UNITED STATES; 26
(II) PROCESSING COMPONENT S, INCLUDING SPINNING , 27
WEAVING, DYEING, AND FINISHING , THAT ARE PERFORMED E NTIRELY IN THE 28
UNITED STATES; AND 29
HOUSE BILL 756 3
(III) MATERIALS THAT HAVE BEEN MANUFACTURED AN D 1
ASSEMBLED ENTIRELY I N THE UNITED STATES. 2
(B) (1) THE ON REQUEST, THE SECRETARY OF STATE SHALL FURNISH A 3
STATE FLAG TO DRAPE T HE CASKET OF AN ELIG IBLE DECEDENT . 4
(2) THE SECRETARY OF STATE SHALL ADOPT REG ULATIONS 5
ESTABLISHING A PROCE SS TO: 6
(I) SUBMIT A REQUEST UND ER PARAGRAPH (1) OF THIS 7
SUBSECTION; AND 8
(II) VERIFY THAT A REQUES T UNDER PARAGRAPH (1) OF THIS 9
SUBSECTION IS BEING MADE ON BEHALF OF AN ELIGIBLE DECEDEN T. 10
(C) (1) AFTER THE BURIAL OF A N ELIGIBLE DECEDENT , THE FLAG SHALL 11
BE: 12
(I) CLAIMED BY AND PROVI DED TO THE ELIGIBLE DECEDENT’S 13
NEXT OF KIN; OR 14
(II) PROVIDED TO A CLOSE FRIEND OR AN ASSOCIA TE, IF IT IS 15
NOT CLAIMED BY THE E LIGIBLE DECEDENT ’S NEXT OF KIN. 16
(2) ONLY ONE FLAG MAY BE PROVIDED FOR THE DEA TH OF AN 17
ELIGIBLE DECEDENT UN DER THIS SECTION . 18
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 19
THE SECRETARY OF STATE MAY NOT PROCURE ANY FLAG UNDER THIS SECTION 20
UNLESS IT IS WHOLLY PRODUCED IN THE UNITED STATES. 21
(2) THE SECRETARY OF STATE MAY WAIVE THE R EQUIREMENT 22
UNDER PARAGRAPH (1) OF THIS SUBSECTION I F IT CANNOT BE MET R EASONABLY. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2024. 25