MD
Maryland House Bill HB756

Maryland 2024 Regular Session

Maryland House Bill HB756 Compare Versions

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1- WES MOORE, Governor Ch. 481
21
3-– 1 –
4-Chapter 481
5-(House Bill 756)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *hb0756*
89
9-General Provisions – State Flag – Casket of an Eligible Decedent
10+HOUSE BILL 756
11+P1 4lr3104
12+ CF SB 573
13+By: Delegates Hutchinson and Anderton, Anderton, Alston, Bagnall, Bhandari,
14+Chisholm, Cullison, Guzzone, Hill, S. Johnson, Kaiser, Kerr, Kipke,
15+R. Lewis, Lopez, Martinez, M. Morgan, Pena–Melnyk, Reilly, Rosenberg,
16+Szeliga, Taveras, White Holland, and Woods
17+Introduced and read first time: January 31, 2024
18+Assigned to: Health and Government Operations
19+Committee Report: Favorable with amendments
20+House action: Adopted
21+Read second time: February 23, 2024
1022
11-FOR the purpose of requiring the Secretary of State to furnish a State flag to drape the
12-casket of an eligible decedent; establishing the process for a State flag to be claimed
13-after burial; prohibiting the Secretary of State from procuring a certain flag; and
14-generally relating to the burial of an eligible decedent.
23+CHAPTER ______
1524
16-BY adding to
17- Article – General Provisions
18-Section 7–207
19- Annotated Code of Maryland
20- (2019 Replacement Volume and 2023 Supplement)
25+AN ACT concerning 1
2126
22- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23-That the Laws of Maryland read as follows:
27+General Provisions – State Flag – Casket of an Eligible Decedent 2
2428
25-Article – General Provisions
29+FOR the purpose of requiring the Secretary of State to furnish a State flag to drape the 3
30+casket of an eligible decedent; establishing the process for a State flag to be claimed 4
31+after burial; prohibiting the Secretary of State from procuring a certain flag; and 5
32+generally relating to the burial of an eligible decedent. 6
2633
27-7–207.
34+BY adding to 7
35+ Article – General Provisions 8
36+Section 7–207 9
37+ Annotated Code of Maryland 10
38+ (2019 Replacement Volume and 2023 Supplement) 11
2839
29- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
30-INDICATED.
40+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
41+That the Laws of Maryland read as follows: 13
3142
32- (2) “ELIGIBLE DECEDENT ” MEANS:
43+Article – General Provisions 14
3344
34- (I) AN EMPLOYEE OF THE STATE OR ANY POLITICA L
35-SUBDIVISION WHO DIED AS A RESULT OF:
45+7–207. 15
3646
37- 1. AN ACCIDENTAL INJURY THAT AROSE OUT OF AND IN
38-THE COURSE OF EMPLOY MENT WITH THE STATE OR POLITICAL SU BDIVISION; OR
47+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
48+INDICATED. 17 2 HOUSE BILL 756
3949
40- 2. AN INJURY CAUSED BY A WILLFUL OR NEGLIGE NT ACT
41-OF A THIRD PERSON , DIRECTED AGAINST THE EMPLOYEE IN THE COUR SE OF
42-EMPLOYMENT WITH THE STATE OR POLITICAL SU BDIVISION;
4350
44- (II) A CURRENT OR FORMER CONSTITUTIONAL OFFIC ER, AS
45-DEFINED IN § 29–305 OF THE STATE PERSONNEL AND PENSIONS ARTICLE;
46- Ch. 481 2024 LAWS OF MARYLAND
4751
48-– 2 –
49- (III) A CURRENT OR FORMER MEMBER OF THE GENERAL
50-ASSEMBLY;
52+ (2) “ELIGIBLE DECEDENT ” MEANS: 1
5153
52- (IV) A CURRENT OR FORMER GOVERNOR OF THE STATE;
54+ (I) AN EMPLOYEE OF THE STATE OR ANY POLITICAL 2
55+SUBDIVISION WHO DIED AS A RESULT OF: 3
5356
54- (IV) (V) A JUDGE, AS DEFINED IN § 1–101 OF THE COURTS
55-ARTICLE;
57+ 1. AN ACCIDENTAL INJURY THAT AROSE OUT OF AN D IN 4
58+THE COURSE OF EMPLOY MENT WITH THE STATE OR POLITICAL SU BDIVISION; OR 5
5659
57- (V) (VI) AN INDIVIDUAL WHO CU RRENTLY HOLDS OR
58-FORMERLY HELD ANY OF THE POSITIONS IDENTI FIED IN § 29–304 OF THE STATE
59-PERSONNEL AND PENSIONS ARTICLE; OR
60+ 2. AN INJURY CAUSED BY A WILLFUL OR NEGLIGE NT ACT 6
61+OF A THIRD PERSON , DIRECTED AGAINST THE EMPLOYEE IN THE COURSE OF 7
62+EMPLOYMENT WITH THE STATE OR POLITICAL SU BDIVISION; 8
6063
61- (VI) (VII) ANY OTHER INDIVIDUAL WHOM THE GOVERNOR
62-DESIGNATES THROUGH A N EXECUTIVE ORDER .
64+ (II) A CURRENT OR FORMER CONSTITUTIONAL OFFIC ER, AS 9
65+DEFINED IN § 29–305 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; 10
6366
64- (3) “POLITICAL SUBDIVISION ” HAS THE MEANING STAT ED IN § 4–101
65-OF THIS ARTICLE.
67+ (III) A CURRENT OR FORMER MEMBER OF THE GENERAL 11
68+ASSEMBLY; 12
6669
67- (4) “WHOLLY PRODUCED IN TH E UNITED STATES” MEANS A FLAG
68-THAT CONTAINS ONLY :
70+ (IV) A CURRENT OR FORMER GOVERNOR OF THE STATE; 13
6971
70- (I) MATERIALS AND COMPON ENTS THAT ARE GROWN ,
71-MANUFACTURED , OR CREATED ENTIRELY IN THE UNITED STATES;
72+ (IV) (V) A JUDGE, AS DEFINED IN § 1–101 OF THE COURTS 14
73+ARTICLE; 15
7274
73- (II) PROCESSING COMPONENT S, INCLUDING SPINNING ,
74-WEAVING, DYEING, AND FINISHING , THAT ARE PERFORMED E NTIRELY IN THE
75-UNITED STATES; AND
75+ (V) (VI) AN INDIVIDUAL WHO CU RRENTLY HOLDS OR 16
76+FORMERLY HELD ANY OF THE POSITIONS IDENTI FIED IN § 29–304 OF THE STATE 17
77+PERSONNEL AND PENSIONS ARTICLE; OR 18
7678
77- (III) MATERIALS THAT HAVE BEEN MANUFACTURED AN D
78-ASSEMBLE D ENTIRELY IN THE UNITED STATES.
79+ (VI) (VII) ANY OTHER INDIVIDUAL WHOM THE GOVERNOR 19
80+DESIGNATES THROUGH A N EXECUTIVE ORDER . 20
7981
80- (B) (1) THE ON REQUEST, THE SECRETARY OF STATE SHALL FURNISH A
81-STATE FLAG TO DRAPE T HE CASKET OF AN ELIG IBLE DECEDENT .
82+ (3) “POLITICAL SUBDIVISION ” HAS THE MEANING STAT ED IN § 4–101 21
83+OF THIS ARTICLE. 22
8284
83- (2) THE SECRETARY OF STATE SHALL ADOPT REG ULATIONS
84-ESTABLISHING A PROCE SS TO:
85+ (4) “WHOLLY PRODUCED IN TH E UNITED STATES” MEANS A FLAG 23
86+THAT CONTAINS ONLY : 24
8587
86- (I) SUBMIT A REQUEST UND ER PARAGRAPH (1) OF THIS
87-SUBSECTION; AND
88+ (I) MATERIALS AND COMPON ENTS THAT ARE GROWN , 25
89+MANUFACTURED , OR CREATED ENTIRELY IN THE UNITED STATES; 26
8890
89- (II) VERIFY THAT A REQUES T UNDER PARAGRAPH (1) OF THIS
90-SUBSECTION IS BEING MADE ON BEHALF OF AN ELIGIBLE DECEDENT .
91- WES MOORE, Governor Ch. 481
91+ (II) PROCESSING COMPONENT S, INCLUDING SPINNING , 27
92+WEAVING, DYEING, AND FINISHING , THAT ARE PERFORMED E NTIRELY IN THE 28
93+UNITED STATES; AND 29
94+ HOUSE BILL 756 3
9295
93-– 3 –
94- (C) (1) AFTER THE BURIAL OF A N ELIGIBLE DECEDENT , THE FLAG SHALL
95-BE:
9696
97- (I) CLAIMED BY AND PROVI DED TO THE ELIGIBLE DECEDENT’S
98-NEXT OF KIN; OR
97+ (III) MATERIALS THAT HAVE BEEN MANUFACTURED AN D 1
98+ASSEMBLED ENTIRELY I N THE UNITED STATES. 2
9999
100- (II) PROVIDED TO A CLOSE FRIEND OR AN ASSOCIA TE, IF IT IS
101-NOT CLAIMED BY THE E LIGIBLE DECEDENT ’S NEXT OF KIN.
100+ (B) (1) THE ON REQUEST, THE SECRETARY OF STATE SHALL FURNISH A 3
101+STATE FLAG TO DRAPE T HE CASKET OF AN ELIG IBLE DECEDENT . 4
102102
103- (2) ONLY ONE FLAG MAY BE PROVIDED FOR THE DEA TH OF AN
104-ELIGIBLE DECE DENT UNDER THIS SECT ION.
103+ (2) THE SECRETARY OF STATE SHALL ADOPT REG ULATIONS 5
104+ESTABLISHING A PROCE SS TO: 6
105105
106- (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
107-THE SECRETARY OF STATE MAY NOT PROCURE ANY FLAG UNDER THIS SECTION
108-UNLESS IT IS WHOLLY PRODUCED IN THE UNITED STATES.
106+ (I) SUBMIT A REQUEST UND ER PARAGRAPH (1) OF THIS 7
107+SUBSECTION; AND 8
109108
110- (2) THE SECRETARY OF STATE MAY WAIVE THE R EQUIREMENT
111-UNDER PARAGRAPH (1) OF THIS SUBSECTION I F IT CANNOT BE MET R EASONABLY.
109+ (II) VERIFY THAT A REQUES T UNDER PARAGRAPH (1) OF THIS 9
110+SUBSECTION IS BEING MADE ON BEHALF OF AN ELIGIBLE DECEDEN T. 10
112111
113- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
114-October 1, 2024.
112+ (C) (1) AFTER THE BURIAL OF A N ELIGIBLE DECEDENT , THE FLAG SHALL 11
113+BE: 12
115114
116-Approved by the Governor, May 9, 2024.
115+ (I) CLAIMED BY AND PROVI DED TO THE ELIGIBLE DECEDENT’S 13
116+NEXT OF KIN; OR 14
117+
118+ (II) PROVIDED TO A CLOSE FRIEND OR AN ASSOCIA TE, IF IT IS 15
119+NOT CLAIMED BY THE E LIGIBLE DECEDENT ’S NEXT OF KIN. 16
120+
121+ (2) ONLY ONE FLAG MAY BE PROVIDED FOR THE DEA TH OF AN 17
122+ELIGIBLE DECEDENT UN DER THIS SECTION . 18
123+
124+ (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 19
125+THE SECRETARY OF STATE MAY NOT PROCURE ANY FLAG UNDER THIS SECTION 20
126+UNLESS IT IS WHOLLY PRODUCED IN THE UNITED STATES. 21
127+
128+ (2) THE SECRETARY OF STATE MAY WAIVE THE R EQUIREMENT 22
129+UNDER PARAGRAPH (1) OF THIS SUBSECTION I F IT CANNOT BE MET R EASONABLY. 23
130+
131+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
132+October 1, 2024. 25
133+