Maryland 2024 Regular Session

Maryland Senate Bill SB573 Compare Versions

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1- WES MOORE, Governor Ch. 480
21
3-– 1 –
4-Chapter 480
5-(Senate Bill 573)
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+ *sb0573*
89
9-General Provisions – State Flag – Casket of an Eligible Decedent
10+SENATE BILL 573
11+P1 4lr2158
12+ CF HB 756
13+By: Senator Corderman
14+Introduced and read first time: January 25, 2024
15+Assigned to: Education, Energy, and the Environment
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 23, 2024
1019
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.
20+CHAPTER ______
1521
16-BY adding to
17- Article – General Provisions
18-Section 7–207
19- Annotated Code of Maryland
20- (2019 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2123
22- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23-That the Laws of Maryland read as follows:
24+General Provisions – State Flag – Casket of an Eligible Decedent 2
2425
25-Article – General Provisions
26+FOR the purpose of requiring the Secretary of State to furnish a State flag to drape the 3
27+casket of an eligible decedent; establishing the process for a State flag to be claimed 4
28+after burial; prohibiting the Secretary of State from procuring a certain flag; and 5
29+generally relating to the burial of an eligible decedent. 6
2630
27-7–207.
31+BY adding to 7
32+ Article – General Provisions 8
33+Section 7–207 9
34+ Annotated Code of Maryland 10
35+ (2019 Replacement Volume and 2023 Supplement) 11
2836
29- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
30-INDICATED.
37+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
38+That the Laws of Maryland read as follows: 13
3139
32- (2) “ELIGIBLE DECEDENT ” MEANS:
40+Article – General Provisions 14
3341
34- (I) AN EMPLOYEE OF THE STATE OR ANY POLITICA L
35-SUBDIVISION WHO DIED AS A RESULT OF:
42+7–207. 15
3643
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
44+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
45+INDICATED. 17
3946
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;
47+ (2) “ELIGIBLE DECEDENT ” MEANS: 18
48+ 2 SENATE BILL 573
4349
44- (II) A CURRENT OR FORMER CONSTITUTIONAL OFFIC ER, AS
45-DEFINED IN § 29–305 OF THE STATE PERSONNEL AND PENSIONS ARTICLE;
46- Ch. 480 2024 LAWS OF MARYLAND
4750
48-– 2 –
49- (III) A CURRENT OR FORMER MEMBER OF THE GENERAL
50-ASSEMBLY;
51+ (I) AN EMPLOYEE OF THE STATE OR ANY POLITICA L 1
52+SUBDIVISION WHO DIED AS A RESULT OF: 2
5153
52- (IV) A CURRENT OR FORMER GOVERNOR OF THE STATE;
54+ 1. AN ACCIDENTAL INJURY THAT AROSE OUT OF AN D IN 3
55+THE COURSE OF EMPLOY MENT WITH THE STATE OR POLITICAL SU BDIVISION; OR 4
5356
54- (IV) (V) A JUDGE, AS DEFINED IN § 1–101 OF THE COURTS
55-ARTICLE;
57+ 2. AN INJURY CAUSED BY A WILLFUL OR NEGLIGE NT ACT 5
58+OF A THIRD PERSON , DIRECTED AGAINST THE EMPLOYEE IN THE COUR SE OF 6
59+EMPLOYMENT WIT H THE STATE OR POLITICAL SU BDIVISION; 7
5660
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
61+ (II) A CURRENT OR FORMER CONSTITUTIONAL OFFIC ER, AS 8
62+DEFINED IN § 29–305 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; 9
6063
61- (VI) (VII) ANY OTHER INDIVIDUAL WHOM THE GOVERNOR
62-DESIGNATES THROUGH A N EXECUTIVE ORDER .
64+ (III) A CURRENT OR FORMER MEMBER OF THE GENERAL 10
65+ASSEMBLY; 11
6366
64- (3) “POLITICAL SUBDIVISION ” HAS THE MEANING STAT ED IN § 4–101
65-OF THIS ARTICLE.
67+ (IV) A CURRENT OR FORMER GOVERNOR OF THE STATE; 12
6668
67- (4) “WHOLLY PRODUCED IN TH E UNITED STATES” MEANS A FLAG
68-THAT CONTAINS ONLY :
69+ (IV) (V) A JUDGE, AS DEFINED IN § 1–101 OF THE COURTS 13
70+ARTICLE; 14
6971
70- (I) MATERIALS AND COMPON ENTS THAT ARE GROWN ,
71-MANUFACTURED , OR CREATED ENTIRELY IN THE UNITED STATES;
72+ (V) (VI) AN INDIVIDUAL WHO CU RRENTLY HOLDS OR 15
73+FORMERLY HELD ANY OF THE POSITIONS IDENTI FIED IN § 29–304 OF THE STATE 16
74+PERSONNEL AND PENSIONS ARTICLE; OR 17
7275
73- (II) PROCESSING COMPONENT S, INCLUDING SPINNING ,
74-WEAVING, DYEING, AND FINISHING , THAT ARE PERFORMED E NTIRELY IN THE
75-UNITED STATES; AND
76+ (VI) (VII) ANY OTHER INDIVIDUAL WHOM THE GOVERNOR 18
77+DESIGNATES THROUGH A N EXECUTIVE ORDER . 19
7678
77- (III) MATERIALS THAT HAVE BEEN MANUFACTURED AN D
78-ASSEMBLED ENTIRELY IN THE UNITED STATES.
79+ (3) “POLITICAL SUBDIVISION ” HAS THE MEANING STAT ED IN § 4–101 20
80+OF THIS ARTICLE. 21
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+ (4) “WHOLLY PRODUCED IN TH E UNITED STATES” MEANS A FLAG 22
83+THAT CONTAINS ONLY : 23
8284
83- (2) THE SECRETARY OF STATE SHALL ADOPT REG ULATIONS
84-ESTABLISHING A PROCE SS TO:
85+ (I) MATERIALS AND COMPONENTS THAT ARE GROWN , 24
86+MANUFACTURED , OR CREATED ENTIRELY IN THE UNITED STATES; 25
8587
86- (I) SUBMIT A REQUEST UND ER PARAGRAPH (1) OF THIS
87-SUBSECTION; AND
88+ (II) PROCESSING COMPONENT S, INCLUDING SPINNING , 26
89+WEAVING, DYEING, AND FINISHING , THAT ARE PERFORMED E NTIRELY IN THE 27
90+UNITED STATES; AND 28
8891
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. 480
92+ (III) MATERIALS THAT HAVE BEEN MANUFACTURED AN D 29
93+ASSEMBLED ENTIRELY I N THE UNITED STATES. 30
94+ SENATE BILL 573 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+ (B) (1) THE ON REQUEST, THE SECRETARY OF STATE SHALL FURNISH A 1
98+STATE FLAG TO DRAPE T HE CASKET OF AN ELIG IBLE DECEDENT . 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+ (2) THE SECRETARY OF STATE SHALL ADOPT REG ULATIONS 3
101+ESTABLISHING A PROCESS TO: 4
102102
103- (2) ONLY ONE FLAG MAY BE PROVIDED FOR THE DEA TH OF AN
104-ELIGIBLE DECEDENT UNDER THIS SECTION.
103+ (I) SUBMIT A REQUEST UND ER PARAGRAPH (1) OF THIS 5
104+SUBSECTION; AND 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+ (II) VERIFY THAT A REQUES T UNDER PARAGRAPH (1) OF THIS 7
107+SUBSECTION IS BEING MADE ON BEHALF OF AN ELIGIBLE DECEDENT . 8
109108
110- (2) THE SECRETARY OF STATE MAY WAIVE THE REQUIREMENT
111-UNDER PARAGRAPH (1) OF THIS SUBSECTION I F IT CANNOT BE MET R EASONABLY.
109+ (C) (1) AFTER THE BURIAL OF A N ELIGIBLE DECEDENT , THE FLAG SHALL 9
110+BE: 10
112111
113- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
114-October 1, 2024.
112+ (I) CLAIMED BY AND PROVI DED TO THE ELIGIBLE DECEDENT’S 11
113+NEXT OF KIN; OR 12
115114
116-Approved by the Governor, May 9, 2024.
115+ (II) PROVIDED TO A CLOSE FRIEND OR AN ASSOCIA TE, IF IT IS 13
116+NOT CLAIMED BY THE E LIGIBLE DECEDENT ’S NEXT OF KIN. 14
117+
118+ (2) ONLY ONE FLAG MAY BE PROVIDED FOR THE DEA TH OF AN 15
119+ELIGIBLE DECEDENT UN DER THIS SECTION . 16
120+
121+ (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 17
122+THE SECRETARY OF STATE MAY NOT PROCURE ANY FLAG UNDER THIS SECTION 18
123+UNLESS IT IS WHOLLY PRODUCED IN THE UNITED STATES. 19
124+
125+ (2) THE SECRETARY OF STATE MAY WAIVE THE REQ UIREMENT 20
126+UNDER PARAGRAPH (1) OF THIS SUBSECTION I F IT CANNOT BE MET R EASONABLY. 21
127+
128+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
129+October 1, 2024. 23
130+