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.
*sb0573*
SENATE BILL 573
P1 4lr2158
CF HB 756
By: Senator Corderman
Introduced and read first time: January 25, 2024
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate 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) “ELIGIBLE DECEDENT ” MEANS: 18
2 SENATE BILL 573
(I) AN EMPLOYEE OF THE STATE OR ANY POLITICA L 1
SUBDIVISION WHO DIED AS A RESULT OF: 2
1. AN ACCIDENTAL INJURY THAT AROSE OUT OF AN D IN 3
THE COURSE OF EMPLOY MENT WITH THE STATE OR POLITICAL SU BDIVISION; OR 4
2. AN INJURY CAUSED BY A WILLFUL OR NEGLIGE NT ACT 5
OF A THIRD PERSON , DIRECTED AGAINST THE EMPLOYEE IN THE COUR SE OF 6
EMPLOYMENT WIT H THE STATE OR POLITICAL SU BDIVISION; 7
(II) A CURRENT OR FORMER CONSTITUTIONAL OFFIC ER, AS 8
DEFINED IN § 29–305 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; 9
(III) A CURRENT OR FORMER MEMBER OF THE GENERAL 10
ASSEMBLY; 11
(IV) A CURRENT OR FORMER GOVERNOR OF THE STATE; 12
(IV) (V) A JUDGE, AS DEFINED IN § 1–101 OF THE COURTS 13
ARTICLE; 14
(V) (VI) AN INDIVIDUAL WHO CU RRENTLY HOLDS OR 15
FORMERLY HELD ANY OF THE POSITIONS IDENTI FIED IN § 29–304 OF THE STATE 16
PERSONNEL AND PENSIONS ARTICLE; OR 17
(VI) (VII) ANY OTHER INDIVIDUAL WHOM THE GOVERNOR 18
DESIGNATES THROUGH A N EXECUTIVE ORDER . 19
(3) “POLITICAL SUBDIVISION ” HAS THE MEANING STAT ED IN § 4–101 20
OF THIS ARTICLE. 21
(4) “WHOLLY PRODUCED IN TH E UNITED STATES” MEANS A FLAG 22
THAT CONTAINS ONLY : 23
(I) MATERIALS AND COMPONENTS THAT ARE GROWN , 24
MANUFACTURED , OR CREATED ENTIRELY IN THE UNITED STATES; 25
(II) PROCESSING COMPONENT S, INCLUDING SPINNING , 26
WEAVING, DYEING, AND FINISHING , THAT ARE PERFORMED E NTIRELY IN THE 27
UNITED STATES; AND 28
(III) MATERIALS THAT HAVE BEEN MANUFACTURED AN D 29
ASSEMBLED ENTIRELY I N THE UNITED STATES. 30
SENATE BILL 573 3
(B) (1) THE ON REQUEST, THE SECRETARY OF STATE SHALL FURNISH A 1
STATE FLAG TO DRAPE T HE CASKET OF AN ELIG IBLE DECEDENT . 2
(2) THE SECRETARY OF STATE SHALL ADOPT REG ULATIONS 3
ESTABLISHING A PROCESS TO: 4
(I) SUBMIT A REQUEST UND ER PARAGRAPH (1) OF THIS 5
SUBSECTION; AND 6
(II) VERIFY THAT A REQUES T UNDER PARAGRAPH (1) OF THIS 7
SUBSECTION IS BEING MADE ON BEHALF OF AN ELIGIBLE DECEDENT . 8
(C) (1) AFTER THE BURIAL OF A N ELIGIBLE DECEDENT , THE FLAG SHALL 9
BE: 10
(I) CLAIMED BY AND PROVI DED TO THE ELIGIBLE DECEDENT’S 11
NEXT OF KIN; OR 12
(II) PROVIDED TO A CLOSE FRIEND OR AN ASSOCIA TE, IF IT IS 13
NOT CLAIMED BY THE E LIGIBLE DECEDENT ’S NEXT OF KIN. 14
(2) ONLY ONE FLAG MAY BE PROVIDED FOR THE DEA TH OF AN 15
ELIGIBLE DECEDENT UN DER THIS SECTION . 16
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 17
THE SECRETARY OF STATE MAY NOT PROCURE ANY FLAG UNDER THIS SECTION 18
UNLESS IT IS WHOLLY PRODUCED IN THE UNITED STATES. 19
(2) THE SECRETARY OF STATE MAY WAIVE THE REQ UIREMENT 20
UNDER PARAGRAPH (1) OF THIS SUBSECTION I F IT CANNOT BE MET R EASONABLY. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2024. 23