WES MOORE, Governor Ch. 481
– 1 –
Chapter 481
(House Bill 756)
AN ACT concerning
General Provisions – State Flag – Casket of an Eligible Decedent
FOR the purpose of requiring the Secretary of State to furnish a State flag to drape the
casket of an eligible decedent; establishing the process for a State flag to be claimed
after burial; prohibiting the Secretary of State from procuring a certain flag; and
generally relating to the burial of an eligible decedent.
BY adding to
Article – General Provisions
Section 7–207
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – General Provisions
7–207.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “ELIGIBLE DECEDENT ” MEANS:
(I) AN EMPLOYEE OF THE STATE OR ANY POLITICA L
SUBDIVISION WHO DIED AS A RESULT OF:
1. AN ACCIDENTAL INJURY THAT AROSE OUT OF AND IN
THE COURSE OF EMPLOY MENT WITH THE STATE OR POLITICAL SU BDIVISION; OR
2. AN INJURY CAUSED BY A WILLFUL OR NEGLIGE NT ACT
OF A THIRD PERSON , DIRECTED AGAINST THE EMPLOYEE IN THE COUR SE OF
EMPLOYMENT WITH THE STATE OR POLITICAL SU BDIVISION;
(II) A CURRENT OR FORMER CONSTITUTIONAL OFFIC ER, AS
DEFINED IN § 29–305 OF THE STATE PERSONNEL AND PENSIONS ARTICLE;
Ch. 481 2024 LAWS OF MARYLAND
– 2 –
(III) A CURRENT OR FORMER MEMBER OF THE GENERAL
ASSEMBLY;
(IV) A CURRENT OR FORMER GOVERNOR OF THE STATE;
(IV) (V) A JUDGE, AS DEFINED IN § 1–101 OF THE COURTS
ARTICLE;
(V) (VI) AN INDIVIDUAL WHO CU RRENTLY HOLDS OR
FORMERLY HELD ANY OF THE POSITIONS IDENTI FIED IN § 29–304 OF THE STATE
PERSONNEL AND PENSIONS ARTICLE; OR
(VI) (VII) ANY OTHER INDIVIDUAL WHOM THE GOVERNOR
DESIGNATES THROUGH A N EXECUTIVE ORDER .
(3) “POLITICAL SUBDIVISION ” HAS THE MEANING STAT ED IN § 4–101
OF THIS ARTICLE.
(4) “WHOLLY PRODUCED IN TH E UNITED STATES” MEANS A FLAG
THAT CONTAINS ONLY :
(I) MATERIALS AND COMPON ENTS THAT ARE GROWN ,
MANUFACTURED , OR CREATED ENTIRELY IN THE UNITED STATES;
(II) PROCESSING COMPONENT S, INCLUDING SPINNING ,
WEAVING, DYEING, AND FINISHING , THAT ARE PERFORMED E NTIRELY IN THE
UNITED STATES; AND
(III) MATERIALS THAT HAVE BEEN MANUFACTURED AN D
ASSEMBLE D ENTIRELY IN THE UNITED STATES.
(B) (1) THE ON REQUEST, THE SECRETARY OF STATE SHALL FURNISH A
STATE FLAG TO DRAPE T HE CASKET OF AN ELIG IBLE DECEDENT .
(2) THE SECRETARY OF STATE SHALL ADOPT REG ULATIONS
ESTABLISHING A PROCE SS TO:
(I) SUBMIT A REQUEST UND ER PARAGRAPH (1) OF THIS
SUBSECTION; AND
(II) VERIFY THAT A REQUES T UNDER PARAGRAPH (1) OF THIS
SUBSECTION IS BEING MADE ON BEHALF OF AN ELIGIBLE DECEDENT .
WES MOORE, Governor Ch. 481
– 3 –
(C) (1) AFTER THE BURIAL OF A N ELIGIBLE DECEDENT , THE FLAG SHALL
BE:
(I) CLAIMED BY AND PROVI DED TO THE ELIGIBLE DECEDENT’S
NEXT OF KIN; OR
(II) PROVIDED TO A CLOSE FRIEND OR AN ASSOCIA TE, IF IT IS
NOT CLAIMED BY THE E LIGIBLE DECEDENT ’S NEXT OF KIN.
(2) ONLY ONE FLAG MAY BE PROVIDED FOR THE DEA TH OF AN
ELIGIBLE DECE DENT UNDER THIS SECT ION.
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
THE SECRETARY OF STATE MAY NOT PROCURE ANY FLAG UNDER THIS SECTION
UNLESS IT IS WHOLLY PRODUCED IN THE UNITED STATES.
(2) THE SECRETARY OF STATE MAY WAIVE THE R EQUIREMENT
UNDER PARAGRAPH (1) OF THIS SUBSECTION I F IT CANNOT BE MET R EASONABLY.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 9, 2024.