| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *hb0772* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 772 | |
| 11 | 8 | D5 3lr2897 | |
| 12 | 9 | CF SB 540 | |
| 13 | 10 | By: The Speaker (By Request – Office of the Attorney General) | |
| 14 | 11 | Introduced and read first time: February 8, 2023 | |
| 15 | 12 | Assigned to: Judiciary | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 17, 2023 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Human Relations – Civil Rights Enforcement – Powers of the Attorney General 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of authorizing the Attorney General to investigate, prosecute, and 3 | |
| 27 | 21 | remediate certain civil rights violations under certain circumstances and in a certain 4 | |
| 28 | 22 | manner; authorizing the Attorney General to intervene in certain causes of action 5 | |
| 29 | 23 | under certain circumstances; establishing certain penalties and authorizing the 6 | |
| 30 | 24 | Attorney General to obtain certain relief in certain civil actions, conciliation 7 | |
| 31 | 25 | agreements, and settlement agreements; authorizing the Attorney General to 8 | |
| 32 | 26 | recover certain investigation and litigation costs in a certain manner; establishing 9 | |
| 33 | 27 | the Civil Rights Enforcement Fund as a special, nonlapsing fund; requiring the 10 | |
| 34 | 28 | Attorney General to coordinate with the Maryland Commission on Civil Rights in 11 | |
| 35 | 29 | areas of overlapping jurisdiction; and generally relating to civil rights enforcement. 12 | |
| 36 | 30 | ||
| 37 | 31 | BY repealing and reenacting, without amendments, 13 | |
| 38 | 32 | Article – State Government 14 | |
| 39 | 33 | Section 20–101(a), (b), and (d) 15 | |
| 40 | 34 | Annotated Code of Maryland 16 | |
| 41 | 35 | (2021 Replacement Volume and 2022 Supplement) 17 | |
| 42 | 36 | ||
| 43 | 37 | BY adding to 18 | |
| 44 | 38 | Article – State Government 19 | |
| 45 | 39 | Section 20–1040 through 20–1048 to be under the new part “Part III. Enforcement 20 | |
| 46 | 40 | by the Attorney General” 21 | |
| 47 | 41 | Annotated Code of Maryland 22 | |
| 48 | - | (2021 Replacement Volume and 2022 Supplement) 23 2 HOUSE BILL 772 | |
| 42 | + | (2021 Replacement Volume and 2022 Supplement) 23 | |
| 43 | + | ||
| 44 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 | |
| 45 | + | That the Laws of Maryland read as follows: 25 | |
| 46 | + | ||
| 47 | + | Article – State Government 26 | |
| 48 | + | 2 HOUSE BILL 772 | |
| 49 | + | ||
| 50 | + | ||
| 51 | + | 20–101. 1 | |
| 52 | + | ||
| 53 | + | (a) In Subtitles 1 through 11 of this title the following words have the meanings 2 | |
| 54 | + | indicated. 3 | |
| 55 | + | ||
| 56 | + | (b) “Commission” means the Commission on Civil Rights. 4 | |
| 57 | + | ||
| 58 | + | (d) “Discriminatory act” means an act prohibited under: 5 | |
| 59 | + | ||
| 60 | + | (1) Subtitle 3 of this title (Discrimination in Places of Pub lic 6 | |
| 61 | + | Accommodation); 7 | |
| 62 | + | ||
| 63 | + | (2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated 8 | |
| 64 | + | by Maryland Department of Labor); 9 | |
| 65 | + | ||
| 66 | + | (3) Subtitle 5 of this title (Discrimination in Leasing of Commercial 10 | |
| 67 | + | Property); 11 | |
| 68 | + | ||
| 69 | + | (4) Subtitle 6 of this title (Discrimination in Employment); 12 | |
| 70 | + | ||
| 71 | + | (5) Subtitle 7 of this title (Discrimination in Housing); or 13 | |
| 72 | + | ||
| 73 | + | (6) Subtitle 8 of this title (Aiding, Abetting, or Attempting Discriminatory 14 | |
| 74 | + | Act; Obstructing Compliance). 15 | |
| 75 | + | ||
| 76 | + | 20–1038. RESERVED. 16 | |
| 77 | + | ||
| 78 | + | 20–1039. RESERVED. 17 | |
| 79 | + | ||
| 80 | + | PART III. ENFORCEMENT BY THE ATTORNEY GENERAL. 18 | |
| 81 | + | ||
| 82 | + | 20–1040. 19 | |
| 83 | + | ||
| 84 | + | (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 20 | |
| 85 | + | INDICATED. 21 | |
| 86 | + | ||
| 87 | + | (B) “ATTORNEY GENERAL” MEANS THE ATTORNEY GENERAL AND THE 22 | |
| 88 | + | OFFICE OF THE ATTORNEY GENERAL. 23 | |
| 89 | + | ||
| 90 | + | (C) (1) “CIVIL RIGHTS VIOLATIO N” MEANS AN ACT OF DISCRIMINATION 24 | |
| 91 | + | PROHIBITED UNDER THE U.S. CONSTITUTION, THE MARYLAND CONSTITUTION, OR 25 | |
| 92 | + | STATE OR FEDERAL LAW . 26 | |
| 93 | + | ||
| 94 | + | (2) “CIVIL RIGHTS VIOLATIO N” INCLUDES A DISCRIMIN ATORY ACT AS 27 | |
| 95 | + | DEFINED IN § 20–101 OF THIS TITLE. 28 HOUSE BILL 772 3 | |
| 49 | 96 | ||
| 50 | 97 | ||
| 51 | 98 | ||
| 52 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
| 53 | - | That the Laws of Maryland read as follows: 2 | |
| 99 | + | 20–1041. 1 | |
| 54 | 100 | ||
| 55 | - | Article – State Government 3 | |
| 101 | + | (A) THE ATTORNEY GENERAL MAY INVESTIGATE, PROSECUTE, AND 2 | |
| 102 | + | REMEDIATE, ON BEHALF OF THE RES IDENTS OF THE STATE, ANY CONDUCT THAT 3 | |
| 103 | + | CONSTITUTES A CIVIL RIGHTS VIOLATION . 4 | |
| 56 | 104 | ||
| 57 | - | 20–101. 4 | |
| 105 | + | (B) THE ATTORNEY GENERAL MAY NOT BRING A CIVIL RIGHTS ACTIO N 5 | |
| 106 | + | UNDER THIS PART : 6 | |
| 58 | 107 | ||
| 59 | - | (a) In Subtitles 1 through 11 of this title the following words have the meanings 5 | |
| 60 | - | indicated. 6 | |
| 108 | + | (1) ON BEHALF OF AN INDI VIDUAL; OR 7 | |
| 61 | 109 | ||
| 62 | - | ( | |
| 110 | + | (2) AGAINST A POLITICAL SUBDIVISION. 8 | |
| 63 | 111 | ||
| 64 | - | (d) “Discriminatory act” means an act prohibited under: 8 | |
| 112 | + | (C) NOTHING IN THIS PART MAY BE INTERPRETED T O IMPAIR THE RIGHTS 9 | |
| 113 | + | AND POWERS OF THE COMMISSION UNDER THIS TITLE. 10 | |
| 65 | 114 | ||
| 66 | - | (1) Subtitle 3 of this title (Discrimination in Places of Public 9 | |
| 67 | - | Accommodation); 10 | |
| 115 | + | 20–1042. 11 | |
| 68 | 116 | ||
| 69 | - | (2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated 11 | |
| 70 | - | by Maryland Department of Labor); 12 | |
| 117 | + | (A) IF THE ATTORNEY GENERAL HAS REASONABL E CAUSE TO BELIEVE 12 | |
| 118 | + | THAT A PERSON IS ENG AGED IN DISCR IMINATION PROHIBITED BY THE U.S. 13 | |
| 119 | + | CONSTITUTION, THE MARYLAND CONSTITUTION, OR STATE OR FEDERAL LAW , THE 14 | |
| 120 | + | ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION IN AC CORDANCE WITH THIS 15 | |
| 121 | + | PART. 16 | |
| 71 | 122 | ||
| 72 | - | ( | |
| 73 | - | ||
| 123 | + | (B) THE CIVIL ACTION SHAL L BE INSTITUTED IN T HE CIRCUIT COURT FOR 17 | |
| 124 | + | THE COUNT Y WHERE: 18 | |
| 74 | 125 | ||
| 75 | - | (4) Subtitle 6 of this title (Discrimination in Employment); 15 | |
| 126 | + | (1) THE ALLEGED VIOLATOR RESIDES OR HAS A PRI NCIPAL PLACE OF 19 | |
| 127 | + | BUSINESS; OR 20 | |
| 76 | 128 | ||
| 77 | - | ( | |
| 129 | + | (2) THE ALLEGED VIOLATIO N OCCURRED . 21 | |
| 78 | 130 | ||
| 79 | - | (6) Subtitle 8 of this title (Aiding, Abetting, or Attempting Discriminatory 17 | |
| 80 | - | Act; Obstructing Compliance). 18 | |
| 131 | + | 20–1043. 22 | |
| 81 | 132 | ||
| 82 | - | 20–1038. RESERVED. 19 | |
| 133 | + | (A) TO OBTAIN RELIEF WITH RESPECT TO AN ALLEGE D CIVIL RIGHTS 23 | |
| 134 | + | VIOLATION, AN ACTION SHALL BE C OMMENCED NOT LATER T HAN 3 YEARS AFTER 24 | |
| 135 | + | THE DISCOVERY , OCCURRENCE , OR TERMINATION , WHICHEVER OCCURS LAS T, OF 25 | |
| 136 | + | THE ALLEGED CIVIL RI GHTS VIOLATION . 26 | |
| 83 | 137 | ||
| 84 | - | 20–1039. RESERVED. 20 | |
| 85 | - | ||
| 86 | - | PART III. ENFORCEMENT BY THE ATTORNEY GENERAL. 21 | |
| 87 | - | ||
| 88 | - | 20–1040. 22 | |
| 89 | - | ||
| 90 | - | (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 23 | |
| 91 | - | INDICATED. 24 | |
| 92 | - | ||
| 93 | - | (B) “ATTORNEY GENERAL” MEANS THE ATTORNEY GENERAL AND THE 25 | |
| 94 | - | OFFICE OF THE ATTORNEY GENERAL. 26 | |
| 95 | - | HOUSE BILL 772 3 | |
| 138 | + | (B) TO OBTAIN RELIEF WITH RESPECT TO AN ALLEGE D BREACH OF A 27 | |
| 139 | + | CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS TITLE, AN 28 4 HOUSE BILL 772 | |
| 96 | 140 | ||
| 97 | 141 | ||
| 98 | - | (C) (1) “CIVIL RIGHTS VIOLATIO N” MEANS AN ACT OF DISC RIMINATION 1 | |
| 99 | - | PROHIBITED UNDER THE U.S. CONSTITUTION, THE MARYLAND CONSTITUTION, OR 2 | |
| 100 | - | STATE OR FEDERAL LAW . 3 | |
| 142 | + | ACTION SHALL BE COMMENCE D NOT LATER THAN 3 YEARS AFTER THE DISC OVERY, 1 | |
| 143 | + | OCCURRENCE , OR TERMINATION OF TH E ALLEGED BREACH . 2 | |
| 101 | 144 | ||
| 102 | - | (2) “CIVIL RIGHTS VIOLATIO N” INCLUDES A DISCRIMINATORY ACT AS 4 | |
| 103 | - | DEFINED IN § 20–101 OF THIS TITLE. 5 | |
| 145 | + | 20–1044. 3 | |
| 104 | 146 | ||
| 105 | - | 20–1041. 6 | |
| 147 | + | (A) BEFORE INITIATING A C IVIL ACTION, THE OFFICE OF THE ATTORNEY 4 | |
| 148 | + | GENERAL SHALL CONDUCT A PRELIMINARY INVEST IGATION TO DETERMINE 5 | |
| 149 | + | WHETHER THERE IS REA SONABLE CAUSE TO BEL IEVE THAT ANY PERSON 6 | |
| 150 | + | COMMITTED A CIVIL RI GHTS VIOLATION . 7 | |
| 106 | 151 | ||
| 107 | - | (A) THE ATTORNEY GENERAL MAY INVESTIGA TE, PROSECUTE, AND 7 | |
| 108 | - | REMEDIATE, ON BEHALF OF THE RES IDENTS OF THE STATE, ANY CONDUCT THAT 8 | |
| 109 | - | CONSTITUTES A CIVIL RIGHTS VIOLATION . 9 | |
| 152 | + | (B) DURING ANY EXAMINATIO N, INVESTIGATION, OR HEARING, THE OFFICE 8 | |
| 153 | + | OF THE ATTORNEY GENERAL MAY: 9 | |
| 110 | 154 | ||
| 111 | - | (B) THE ATTORNEY GENERAL MAY NOT BRING A CIVIL RIGHTS ACTIO N 10 | |
| 112 | - | UNDER THIS PART : 11 | |
| 155 | + | (1) SUBPOENA WITNESSES ; 10 | |
| 113 | 156 | ||
| 114 | - | ( | |
| 157 | + | (2) ADMINISTER OATHS ; 11 | |
| 115 | 158 | ||
| 116 | - | ( | |
| 159 | + | (3) EXAMINE INDIVIDUALS UNDER OATH ; AND 12 | |
| 117 | 160 | ||
| 118 | - | ( | |
| 119 | - | ||
| 161 | + | (4) COMPEL PRODUCTION OF RECORDS, BOOKS, PAPERS, 13 | |
| 162 | + | CONTRACTS, AND OTHER DOCUMENTS . 14 | |
| 120 | 163 | ||
| 121 | - | (4) AGAINST ANY EMPLOYEE OR AGENT OF AN ENTITY IDENTIFIED IN 16 | |
| 122 | - | ITEM (2) OR (3) OF THIS SUBSECTION W HO IS ACTING UNDER T HE COLOR OF LAW . 17 | |
| 164 | + | (C) INFORMATION OBTAINED UNDER A SUBPOENA DESCRIBED UNDER THIS 15 | |
| 165 | + | SECTION IS NOT ADMIS SIBLE IN A LATER CRI MINAL PROCEEDING AGA INST THE 16 | |
| 166 | + | PERSON WHO PROVIDES THE EVIDENCE . 17 | |
| 123 | 167 | ||
| 124 | - | (C) NOTHING IN THIS PART MAY BE INTERPRETED T O IMPAIR THE RIGHTS 18 | |
| 125 | - | AND POWERS OF THE COMMISSION UNDER SUBTITLES 1 THROUGH 11 OF THIS 19 | |
| 168 | + | (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 18 | |
| 169 | + | THE ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION UNDER T HIS PART. 19 | |
| 170 | + | ||
| 171 | + | (2) IF THE ATTORNEY GENERAL OBTAINS A CON CILIATION OR 20 | |
| 172 | + | SETTLEMENT AGREEMENT UNDER THIS PART , NO ACTION MAY BE FIL ED UNDER 21 | |
| 173 | + | THIS PART WITH RESPE CT TO THE ALLEGED CO NDUCT THAT FORMS THE BASIS FOR 22 | |
| 174 | + | THE COMPLAINT COVERE D BY THE A GREEMENT EXCEPT FOR THE PURPOSE OF 23 | |
| 175 | + | ENFORCING THE TERMS OF THE AGREEMENT . 24 | |
| 176 | + | ||
| 177 | + | (E) THE ATTORNEY GENERAL MAY INTERVENE IN A CIVIL ACTION 25 | |
| 178 | + | CONCERNING AN ALLEGE D CIVIL RIGHTS VIOLA TION, IF: 26 | |
| 179 | + | ||
| 180 | + | (1) THE ATTORNEY GENERAL CERTIFIES THA T THE CASE IS OF 27 | |
| 181 | + | GENERAL IMPORTAN CE; AND 28 | |
| 182 | + | ||
| 183 | + | (2) TIMELY APPLICATION I S MADE. 29 | |
| 184 | + | HOUSE BILL 772 5 | |
| 185 | + | ||
| 186 | + | ||
| 187 | + | 20–1045. 1 | |
| 188 | + | ||
| 189 | + | (A) THE ATTORNEY GENERAL MAY SEEK AN I NJUNCTION TO PROHIBI T A 2 | |
| 190 | + | PERSON THAT HAS ENGA GED OR IS ENGAGING I N A CIVIL RIGHTS VIO LATION, FROM 3 | |
| 191 | + | CONTINUING OR ENGAGI NG IN THE VIOLATION . 4 | |
| 192 | + | ||
| 193 | + | (B) IN A REQUEST FOR INJUNCTIVE RELIEF BR OUGHT UNDER THIS 5 | |
| 194 | + | SECTION, THE ATTORNEY GENERAL IS NOT REQUIR ED TO: 6 | |
| 195 | + | ||
| 196 | + | (1) POST BOND; 7 | |
| 197 | + | ||
| 198 | + | (2) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW DOES 8 | |
| 199 | + | NOT EXIST; OR 9 | |
| 200 | + | ||
| 201 | + | (3) ALLEGE OR PROVE THAT SUBSTANTIAL OR IRREP ARABLE DAMAGE 10 | |
| 202 | + | WOULD RESULT FRO M ANY CONDUCT ALLEGE D. 11 | |
| 203 | + | ||
| 204 | + | (C) THE OFFICE OF THE ATTORNEY GENERAL SHALL SERVE N OTICE OF 12 | |
| 205 | + | THE GENERAL RELIEF S OUGHT ON THE ALLEGED VIOLATOR AT LEAST 7 DAYS 13 | |
| 206 | + | BEFORE THE ACTION FO R AN INJUNCTION IS F ILED. 14 | |
| 207 | + | ||
| 208 | + | (D) THE COURT MAY ENTER A NY ORDER OF JUDGMENT NECESSARY TO: 15 | |
| 209 | + | ||
| 210 | + | (1) PREVENT THE USE BY A PERSON OF ANY PROHIB ITED PRACTICE; 16 | |
| 211 | + | ||
| 212 | + | (2) RESTORE TO A PERSON ANY MONEY , REAL PROPERTY , OR 17 | |
| 213 | + | PERSONAL PROPERTY AC QUIRED BY MEANS OF A NY PROHIBITED PRACTI CE; OR 18 | |
| 214 | + | ||
| 215 | + | (3) APPOINT A RECEIVER T O PREVENT WILLFUL VI OLATION OF THIS 19 | |
| 126 | 216 | TITLE. 20 | |
| 127 | 217 | ||
| 128 | - | 20– | |
| 218 | + | 20–1046. 21 | |
| 129 | 219 | ||
| 130 | - | (A) IF THE ATTORNEY GENERAL HAS REASONABL E CAUSE TO BELIEVE 22 | |
| 131 | - | THAT A PERSON IS ENG AGED IN DISCRIMINATI ON PROHIBITED BY THE U.S. 23 | |
| 132 | - | CONSTITUTION, THE MARYLAND CONSTITUTION, OR STATE OR FEDERAL LAW , THE 24 | |
| 133 | - | ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION IN AC CORDANCE WITH THI S 25 | |
| 134 | - | PART. 26 | |
| 220 | + | (A) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY 22 | |
| 221 | + | CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART, 23 | |
| 222 | + | THE ATTORNEY GENERAL MAY OBTAIN AS A REMEDY EQUITABLE R ELIEF, 24 | |
| 223 | + | INCLUDING: 25 | |
| 135 | 224 | ||
| 136 | - | (B) THE CIVIL ACTION SHAL L BE INSTITUTED IN T HE CIRCUIT COURT FOR 27 | |
| 137 | - | THE COUNTY WHERE : 28 | |
| 225 | + | (1) A PERMANENT INJUNCTI ON; 26 | |
| 138 | 226 | ||
| 139 | - | ( | |
| 140 | - | ||
| 141 | - | ||
| 227 | + | (2) A PRELIMINARY INJUNC TION; 27 | |
| 228 | + | ||
| 229 | + | (3) A TEMPORARY RESTRAIN ING ORDER; OR 28 6 HOUSE BILL 772 | |
| 142 | 230 | ||
| 143 | 231 | ||
| 144 | - | (2) THE ALLEGED VIOLATIO N OCCURRED . 1 | |
| 145 | 232 | ||
| 146 | - | ||
| 233 | + | (4) ANY OTHER ORDER , INCLUDING: 1 | |
| 147 | 234 | ||
| 148 | - | (A) TO OBTAIN RELIEF WITH RESPECT TO AN ALLEGE D CIVIL RIGHTS 3 | |
| 149 | - | VIOLATION, AN ACTION SHALL BE C OMMENCED NOT LATER T HAN 3 YEARS AFTER 4 | |
| 150 | - | THE DISCOVERY , OCCURRENCE , OR TERMINATION , WHICHEVER OCCURS LAS T, OF 5 | |
| 151 | - | THE ALLEGED CIVIL RI GHTS VIOLATION . 6 | |
| 235 | + | (I) AN ORDER ENJOINING T HE DEFENDANT FROM EN GAGING IN 2 | |
| 236 | + | CIVIL RIGHTS VIOLATI ONS; OR 3 | |
| 152 | 237 | ||
| 153 | - | (B) TO OBTAIN RELIEF W ITH RESPECT TO AN AL LEGED BREACH OF A 7 | |
| 154 | - | CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS TITLE, AN 8 | |
| 155 | - | ACTION SHALL BE COMM ENCED NOT LATER THAN 3 YEARS AFTER THE DISC OVERY, 9 | |
| 156 | - | OCCURRENCE , OR TERMINATION OF TH E ALLEGED BREACH . 10 | |
| 238 | + | (II) AN ORDER REQUIRING A NY APPROPRIATE ACTIO N. 4 | |
| 157 | 239 | ||
| 158 | - | 20–1044. 11 | |
| 240 | + | (B) (1) IN ANY CIVIL ACTION BRO UGHT UNDER THIS PART , OR ANY 5 | |
| 241 | + | CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART, 6 | |
| 242 | + | THE ATTORNEY GENERAL MAY OBTAIN A CIVIL PENALTY TO VIN DICATE THE PUBLIC 7 | |
| 243 | + | INTEREST. 8 | |
| 159 | 244 | ||
| 160 | - | (A) BEFORE INITIATING A CIVIL ACTI ON, THE OFFICE OF THE ATTORNEY 12 | |
| 161 | - | GENERAL SHALL CONDUCT A PRELIMINARY INVEST IGATION TO DETERMINE 13 | |
| 162 | - | WHETHER THERE IS REA SONABLE CAUSE TO BEL IEVE THAT ANY PERSON 14 | |
| 163 | - | COMMITTED A CIVIL RI GHTS VIOLATION . 15 | |
| 245 | + | (2) A CIVIL PENALTY IMPOSE D UNDER THIS SUBSECT ION SHALL BE IN 9 | |
| 246 | + | AN AMOUNT NOT EXCEED ING: 10 | |
| 164 | 247 | ||
| 165 | - | (B) DURING ANY EXAMINATIO N, INVESTIGATION , OR HEARING, THE OFFICE 16 | |
| 166 | - | OF THE ATTORNEY GENERAL MAY: 17 | |
| 248 | + | (I) $10,000 FOR A FIRST VIOLATIO N; OR 11 | |
| 167 | 249 | ||
| 168 | - | ( | |
| 250 | + | (II) $25,000 FOR A SECOND OR SUBS EQUENT VIOLATION . 12 | |
| 169 | 251 | ||
| 170 | - | ( | |
| 252 | + | (3) THE FINES PROVIDED FO R IN THIS SUBSECTION : 13 | |
| 171 | 253 | ||
| 172 | - | (3) EXAMINE INDIVIDUALS UNDER OATH ; AND 20 | |
| 254 | + | (I) ARE CIVIL PENALTIES AND ARE RECOVERABLE BY THE 14 | |
| 255 | + | STATE IN A CIVIL ACTION; AND 15 | |
| 173 | 256 | ||
| 174 | - | ( | |
| 175 | - | ||
| 257 | + | (II) SHALL BE DEPOSITED I N THE CIVIL RIGHTS ENFORCEMENT 16 | |
| 258 | + | FUND ESTABLISHED UNDE R § 20–1047 OF THIS PART. 17 | |
| 176 | 259 | ||
| 177 | - | (C) | |
| 178 | - | ||
| 179 | - | ||
| 180 | - | ||
| 260 | + | (C) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY 18 | |
| 261 | + | CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART, 19 | |
| 262 | + | THE ATTORNEY GENERAL MAY OBTAIN RES TITUTION, INCLUDING A REQUIREM ENT 20 | |
| 263 | + | THAT THE VIOLATOR OR ALLEGED VIOLATOR : 21 | |
| 181 | 264 | ||
| 182 | - | ||
| 183 | - | THE ATTORNEY GENERAL | |
| 265 | + | (1) REIMBURSE THE COSTS OF THE INVESTIGATION AND LITIGATION 22 | |
| 266 | + | TO THE ATTORNEY GENERAL AND THE COMMISSION; 23 | |
| 184 | 267 | ||
| 185 | - | (2) IF THE ATTORNEY GENERAL OBTAINS A CON CILIATION OR 29 | |
| 186 | - | SETTLEMENT AGREEMENT UNDER THIS PART , NO ACTION MAY BE FIL ED UNDER 30 | |
| 187 | - | THIS PART WITH RESPE CT TO THE ALLEGED CONDUCT THAT F ORMS THE BASIS FOR 31 HOUSE BILL 772 5 | |
| 268 | + | (2) MAKE RESTITUTION TO ANY AGGRIEVED PERSON OF MONEY, 24 | |
| 269 | + | PROPERTY, OR ANY OTHER THING R ECEIVED FROM THE AGG RIEVED PERSON IN 25 | |
| 270 | + | CONNECTION WITH A VI OLATION OR AN ALLEGE D VIOLATION OF THIS TITLE; 26 | |
| 271 | + | ||
| 272 | + | (3) PAY ECONOMIC DAMAGES TO AN AGGRIEVED PERS ON; OR 27 | |
| 273 | + | ||
| 274 | + | (4) POST A PERFORMANCE B OND OR OTHER SECURIT Y. 28 HOUSE BILL 772 7 | |
| 188 | 275 | ||
| 189 | 276 | ||
| 190 | - | THE COMPLAINT COVERE D BY THE AGREEMENT E XCEPT FOR THE PURPOS E OF 1 | |
| 191 | - | ENFORCING THE TERMS OF THE AGREEMENT . 2 | |
| 192 | 277 | ||
| 193 | - | (E) THE ATTORNEY GENERAL MAY INTERVENE IN A CIVIL ACTION 3 | |
| 194 | - | CONCERNING AN ALLEGE D CIVIL RIGHTS VIOLA TION, IF: 4 | |
| 278 | + | 20–1047. 1 | |
| 195 | 279 | ||
| 196 | - | ( | |
| 197 | - | ||
| 280 | + | (A) IN THIS SECTION, “FUND” MEANS THE CIVIL RIGHTS ENFORCEMENT 2 | |
| 281 | + | FUND. 3 | |
| 198 | 282 | ||
| 199 | - | ( | |
| 283 | + | (B) THERE IS A CIVIL RIGHTS ENFORCEMENT FUND. 4 | |
| 200 | 284 | ||
| 201 | - | ||
| 285 | + | (C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR: 5 | |
| 202 | 286 | ||
| 203 | - | (A) THE ATTORNEY GENERAL MAY SEEK AN I NJUNCTION TO PROHIBI T A 9 | |
| 204 | - | PERSON THAT HAS ENGA GED OR IS ENGAGING I N A CIVIL RIGHTS VIO LATION, FROM 10 | |
| 205 | - | CONTINUING OR ENGAGI NG IN THE VIOLATION . 11 | |
| 287 | + | (1) CIVIL RIGHTS ENFORCE MENT ACTIVITIES OF T HE ATTORNEY 6 | |
| 288 | + | GENERAL AND THE COMMISSION; AND 7 | |
| 206 | 289 | ||
| 207 | - | ( | |
| 208 | - | ||
| 290 | + | (2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO 8 | |
| 291 | + | CIVIL RIGHTS VIOLATI ONS. 9 | |
| 209 | 292 | ||
| 210 | - | (1) POST BOND; 14 | |
| 293 | + | (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 10 | |
| 294 | + | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 11 | |
| 211 | 295 | ||
| 212 | - | (2) | |
| 213 | - | ||
| 296 | + | (2) THE STATE TREASURER SHALL H OLD THE FUND SEPARATELY , 12 | |
| 297 | + | AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 13 | |
| 214 | 298 | ||
| 215 | - | (3) ALLEGE OR PROVE THAT SUBSTANTIAL OR IRREP ARABLE DAMAGE 17 | |
| 216 | - | WOULD RESULT FROM AN Y CONDUCT ALLEGED . 18 | |
| 299 | + | (E) THE FUND CONSISTS OF : 14 | |
| 217 | 300 | ||
| 218 | - | (C) THE OFFICE OF THE ATTORNEY GENERAL SHALL SERVE N OTICE OF 19 | |
| 219 | - | THE GENERAL RELIEF S OUGHT ON THE ALLEGED VIOLATOR AT LEAST 7 DAYS 20 | |
| 220 | - | BEFORE THE ACTION FO R AN INJUNCTION IS FILED. 21 | |
| 301 | + | (1) CIVIL PENALTIES DEPO SITED INTO THE FUND UNDER § 20–1046 15 | |
| 302 | + | OF THIS PART; 16 | |
| 221 | 303 | ||
| 222 | - | ( | |
| 304 | + | (2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 17 | |
| 223 | 305 | ||
| 224 | - | (1) PREVENT THE USE BY A PERSON OF ANY PROHIB ITED PRACTICE; 23 | |
| 306 | + | (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 18 | |
| 307 | + | THE BENEFIT OF THE FUND. 19 | |
| 225 | 308 | ||
| 226 | - | (2) RESTORE TO A PERSON ANY MONEY , REAL PROPERTY , OR 24 | |
| 227 | - | PERSONAL PROPERTY AC QUIRED BY MEANS OF A NY PROHIBITED PRACTI CE; OR 25 | |
| 309 | + | (F) THE FUND MAY BE USED ONLY : 20 | |
| 228 | 310 | ||
| 229 | - | (3) APPOINT A RECEIVER T O PREVENT WILLFUL VI OLATION OF THIS 26 | |
| 230 | - | TITLE. 27 | |
| 311 | + | (1) TO REIMBURSE THE ATTORNEY GENERAL AND THE COMMISSION 21 | |
| 312 | + | FOR COSTS ASSOCIATED WITH INVESTIGATING A ND PROSECUTING CIVIL RIGHTS 22 | |
| 313 | + | VIOLATIONS; AND 23 | |
| 231 | 314 | ||
| 232 | - | 20–1046. 28 | |
| 233 | - | 6 HOUSE BILL 772 | |
| 315 | + | (2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO 24 | |
| 316 | + | CIVIL RIGHTS VIOLATI ONS. 25 | |
| 317 | + | ||
| 318 | + | (G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 26 | |
| 319 | + | IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 27 8 HOUSE BILL 772 | |
| 234 | 320 | ||
| 235 | 321 | ||
| 236 | - | (A) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY 1 | |
| 237 | - | CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART, 2 | |
| 238 | - | THE ATTORNEY GENERAL MAY OBTAIN AS A REMEDY EQUITABLE RELIEF , 3 | |
| 239 | - | INCLUDING: 4 | |
| 240 | 322 | ||
| 241 | - | (1) A PERMANENT INJUNCTI ON; 5 | |
| 323 | + | (2) INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO THE 1 | |
| 324 | + | GENERAL FUND OF THE STATE. 2 | |
| 242 | 325 | ||
| 243 | - | (2) A PRELIMINARY INJUNC TION; 6 | |
| 326 | + | (H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 3 | |
| 327 | + | WITH THE STATE BUDGET . 4 | |
| 244 | 328 | ||
| 245 | - | (3) A TEMPORARY RESTRAIN ING ORDER; OR 7 | |
| 329 | + | (I) MONEY OF THE FUND IS NOT SUBJECT T O TRANSFER BY BUDGET 5 | |
| 330 | + | AMENDMENT . 6 | |
| 246 | 331 | ||
| 247 | - | (4) ANY OTHER ORDER , INCLUDING: 8 | |
| 332 | + | (J) MONEY EXPENDED FROM T HE FUND FOR THE ENFORCEM ENT 7 | |
| 333 | + | ACTIVITIES OF THE ATTORNEY GENERAL AND THE COMMISSION IS SUPPLEM ENTAL 8 | |
| 334 | + | TO AND IS NOT INTEND ED TO TAKE THE PLACE OF FUNDING THAT WOUL D 9 | |
| 335 | + | OTHERWISE BE APPROPR IATED FOR THE ATTORNEY GENERAL OR THE 10 | |
| 336 | + | COMMISSION. 11 | |
| 248 | 337 | ||
| 249 | - | (I) AN ORDER ENJOINING T HE DEFENDANT FROM EN GAGING IN 9 | |
| 250 | - | CIVIL RIGHTS VIOLATI ONS; OR 10 | |
| 338 | + | 20–1048. 12 | |
| 251 | 339 | ||
| 252 | - | (II) AN ORDER REQUIRING A NY APPROPRIATE ACTIO N. 11 | |
| 340 | + | (A) IN AREAS OF OVERLAPPI NG JURISDICTION , THE ATTORNEY GENERAL 13 | |
| 341 | + | AND THE COMMISSION SHALL COOR DINATE REFERRALS TO MINIMIZE DUPLICATION 14 | |
| 342 | + | OF EFFORT AND PROMOT E COLLABORATION . 15 | |
| 253 | 343 | ||
| 254 | - | (B) (1) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY 12 | |
| 255 | - | CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART, 13 | |
| 256 | - | THE ATTORNEY GENERAL MAY OBTAIN A CIVIL PENALTY TO VIN DICATE THE PUBLIC 14 | |
| 257 | - | INTEREST. 15 | |
| 344 | + | (B) (1) THE ATTORNEY GENERAL, IN COORDINATION WITH THE 16 | |
| 345 | + | COMMISSION, SHALL ADOPT REGULATI ONS TO IMPLEMENT THI S SECTION. 17 | |
| 258 | 346 | ||
| 259 | - | (2) A CIVIL PENALTY IMPOSE D UNDER THIS SUBSECT ION SHALL BE IN 16 | |
| 260 | - | AN AMOUNT NOT EXCEED ING: 17 | |
| 347 | + | (2) THE ATTORNEY GENERAL SHALL PUBLISH PROPOSED 18 | |
| 348 | + | REGULATIONS UNDER TH IS SUBSECTION FOR NO TICE AND COMMENT ON OR BEFORE 19 | |
| 349 | + | JULY 1, 2024. 20 | |
| 261 | 350 | ||
| 262 | - | (I) $10,000 FOR A FIRST VIOLATIO N; OR 18 | |
| 263 | - | ||
| 264 | - | (II) $25,000 FOR A SECOND OR SUBS EQUENT VIOLATION . 19 | |
| 265 | - | ||
| 266 | - | (3) THE FINES PROVIDED FO R IN THIS SUBSECTION : 20 | |
| 267 | - | ||
| 268 | - | (I) ARE CIVIL PENALTIES AND ARE RECOVERABLE BY THE 21 | |
| 269 | - | STATE IN A CIVIL ACTION; AND 22 | |
| 270 | - | ||
| 271 | - | (II) SHALL BE DEPOSITED I N THE CIVIL RIGHTS ENFORCEMENT 23 | |
| 272 | - | FUND ESTABLISHED UNDE R § 20–1047 OF THIS PART. 24 | |
| 273 | - | ||
| 274 | - | (C) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY 25 | |
| 275 | - | CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART, 26 | |
| 276 | - | THE ATTORNEY GENERAL MAY OBTAIN RE STITUTION, INCLUDING A REQUIREM ENT 27 | |
| 277 | - | THAT THE VIOLATOR OR ALLEGED VIOLATOR : 28 | |
| 278 | - | HOUSE BILL 772 7 | |
| 279 | - | ||
| 280 | - | ||
| 281 | - | (1) REIMBURSE TH E COSTS OF THE INVES TIGATION AND LITIGAT ION 1 | |
| 282 | - | TO THE ATTORNEY GENERAL AND THE COMMISSION; 2 | |
| 283 | - | ||
| 284 | - | (2) MAKE RESTITUTION TO ANY AGGRIEVED PERSON OF MONEY, 3 | |
| 285 | - | PROPERTY, OR ANY OTHER THING R ECEIVED FROM THE AGG RIEVED PERSON IN 4 | |
| 286 | - | CONNECTION WITH A VI OLATION OR AN ALLEGE D VIOLATION OF THIS TIT LE; 5 | |
| 287 | - | ||
| 288 | - | (3) PAY ECONOMIC DAMAGES TO AN AGGRIEVED PERS ON; OR 6 | |
| 289 | - | ||
| 290 | - | (4) POST A PERFORMANCE B OND OR OTHER SECURIT Y. 7 | |
| 291 | - | ||
| 292 | - | 20–1047. 8 | |
| 293 | - | ||
| 294 | - | (A) IN THIS SECTION, “FUND” MEANS THE CIVIL RIGHTS ENFORCEMENT 9 | |
| 295 | - | FUND. 10 | |
| 296 | - | ||
| 297 | - | (B) THERE IS A CIVIL RIGHTS ENFORCEMENT FUND. 11 | |
| 298 | - | ||
| 299 | - | (C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR: 12 | |
| 300 | - | ||
| 301 | - | (1) CIVIL RIGHTS ENFORCE MENT ACTIVITIES OF T HE ATTORNEY 13 | |
| 302 | - | GENERAL AND THE COMMISSION; AND 14 | |
| 303 | - | ||
| 304 | - | (2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO 15 | |
| 305 | - | CIVIL RIGHTS VIOLATI ONS. 16 | |
| 306 | - | ||
| 307 | - | (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 17 | |
| 308 | - | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 18 | |
| 309 | - | ||
| 310 | - | (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 19 | |
| 311 | - | AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 20 | |
| 312 | - | ||
| 313 | - | (E) THE FUND CONSISTS OF : 21 | |
| 314 | - | ||
| 315 | - | (1) CIVIL PENALTIES DEPOSITE D INTO THE FUND UNDER § 20–1046 22 | |
| 316 | - | OF THIS PART; 23 | |
| 317 | - | ||
| 318 | - | (2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 24 | |
| 319 | - | ||
| 320 | - | (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 25 | |
| 321 | - | THE BENEFIT OF THE FUND. 26 | |
| 322 | - | ||
| 323 | - | (F) THE FUND MAY BE USED ONLY : 27 | |
| 324 | - | 8 HOUSE BILL 772 | |
| 325 | - | ||
| 326 | - | ||
| 327 | - | (1) TO REIMBURSE THE ATTORNEY GENERAL AND THE COMMISSION 1 | |
| 328 | - | FOR COSTS ASSOCIATED WITH INVESTIGATING A ND PROSECUTING CIVIL RIGHTS 2 | |
| 329 | - | VIOLATIONS; AND 3 | |
| 330 | - | ||
| 331 | - | (2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO 4 | |
| 332 | - | CIVIL RIGHTS VIOLATI ONS. 5 | |
| 333 | - | ||
| 334 | - | (G) (1) THE STATE TREASURER SHALL I NVEST THE MONEY OF T HE FUND 6 | |
| 335 | - | IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 7 | |
| 336 | - | ||
| 337 | - | (2) INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO THE 8 | |
| 338 | - | GENERAL FUND OF THE STATE. 9 | |
| 339 | - | ||
| 340 | - | (H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 10 | |
| 341 | - | WITH THE STATE BUDGET. 11 | |
| 342 | - | ||
| 343 | - | (I) MONEY OF THE FUND IS NOT SUBJECT T O TRANSFER BY BUDGET 12 | |
| 344 | - | AMENDMENT . 13 | |
| 345 | - | ||
| 346 | - | (J) MONEY EXPENDED FROM T HE FUND FOR THE ENFORCEM ENT 14 | |
| 347 | - | ACTIVITIES OF THE ATTORNEY GENERAL AND THE COMMISSION IS SUPPLEM ENTAL 15 | |
| 348 | - | TO AND IS NOT INTEND ED TO TAKE THE PLACE OF FUNDING THAT WOUL D 16 | |
| 349 | - | OTHERWISE BE APPROPR IATED FOR THE ATTORNEY GENERAL OR THE 17 | |
| 350 | - | COMMISSION. 18 | |
| 351 | - | ||
| 352 | - | 20–1048. 19 | |
| 353 | - | ||
| 354 | - | (A) IN AREAS OF OVERLAPPI NG JURISDICTION , THE ATTORNEY GENERAL 20 | |
| 355 | - | AND THE COMMISSION SHALL COOR DINATE AND MAKE REFERRALS TO MINIMIZ E 21 | |
| 356 | - | AND ELIMINATE DUPLICATION OF EFFOR T AND PROMOTE COLLAB ORATION. 22 | |
| 357 | - | ||
| 358 | - | (B) (1) THE ATTORNEY GENERAL, IN COORDINATION WITH THE 23 | |
| 359 | - | COMMISSION, SHALL ADOPT REGULATI ONS TO IMPLEMENT THI S SECTION. 24 | |
| 360 | - | ||
| 361 | - | (2) THE ATTORNEY GENERAL SHALL PUBLISH PROPOSED 25 | |
| 362 | - | REGULATIONS UNDER TH IS SUBSECTION FOR NO TICE AND COMMENT ON OR BEFORE 26 | |
| 363 | - | JULY 1, 2024. 27 | |
| 364 | - | ||
| 365 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 | |
| 366 | - | October 1, 2023. 29 | |
| 367 | - | ||
| 368 | - | ||
| 351 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 | |
| 352 | + | October 1, 2023. 22 | |
| 369 | 353 |