EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0573*
SENATE BILL 573
P1 4lr2158
CF 4lr3104
By: Senator Corderman
Introduced and read first time: January 25, 2024
Assigned to: Education, Energy, and the Environment
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 F OLLOWING WORDS H AVE 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 TH AT AROSE OUT OF AND IN 21
THE COURSE OF EMPLOY MENT WITH THE STATE OR POLITICAL SU BDIVISION; OR 22 2 SENATE BILL 573
2. AN INJURY CAUSED BY A W ILLFUL OR NEGLIGENT 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 CONSTITUT IONAL OFFICER , 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 FORMERLY 9
HELD ANY OF THE POSI TIONS IDENTIFIED IN § 29–304 OF THE STATE PERSONNEL 10
AND PENSIONS ARTICLE; OR 11
(VI) ANY OTHER INDIVIDUAL WHOM THE GOVERNOR 12
DESIGNATE S THROUGH AN EXECUTIVE ORDER. 13
(3) “POLITICAL SUBDIVISION ” HAS THE MEANING STATED 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 AND 23
ASSEMBLED ENTIRELY IN THE UNITED STATES. 24
(B) THE SECRETARY OF STATE SHALL FURNISH A STATE FLAG TO DRAPE 25
THE CASKET O F AN ELIGIBLE DECEDE NT. 26
(C) (1) AFTER THE BURIAL OF AN ELIGIBLE DECEDENT, THE FLAG SHALL 27
BE: 28
(I) CLAIMED BY AND PROVIDED TO THE ELIG IBLE DECEDENT ’S 29 SENATE BILL 573 3
NEXT OF KIN; OR 1
(II) PROVIDED TO A CLOSE FRIEND OR AN ASSOCIA TE, IF IT IS 2
NOT CLAIMED BY THE ELIGIBLE DECEDENT ’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 IN THE UNITED STATES. 8
(2) THE SECRETARY OF STATE MAY WAIVE THE R EQUIREMENT 9
UNDER PARAGRAPH (1) OF THIS SUBSECTION IF IT CANNOT BE MET REASONABLY . 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2024. 12