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.
*hb0772*
HOUSE BILL 772
D5 3lr2897
CF SB 540
By: The Speaker (By Request – Office of the Attorney General)
Introduced and read first time: February 8, 2023
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 17, 2023
CHAPTER ______
AN ACT concerning 1
Human Relations – Civil Rights Enforcement – Powers of the Attorney General 2
FOR the purpose of authorizing the Attorney General to investigate, prosecute, and 3
remediate certain civil rights violations under certain circumstances and in a certain 4
manner; authorizing the Attorney General to intervene in certain causes of action 5
under certain circumstances; establishing certain penalties and authorizing the 6
Attorney General to obtain certain relief in certain civil actions, conciliation 7
agreements, and settlement agreements; authorizing the Attorney General to 8
recover certain investigation and litigation costs in a certain manner; establishing 9
the Civil Rights Enforcement Fund as a special, nonlapsing fund; requiring the 10
Attorney General to coordinate with the Maryland Commission on Civil Rights in 11
areas of overlapping jurisdiction; and generally relating to civil rights enforcement. 12
BY repealing and reenacting, without amendments, 13
Article – State Government 14
Section 20–101(a), (b), and (d) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2022 Supplement) 17
BY adding to 18
Article – State Government 19
Section 20–1040 through 20–1048 to be under the new part “Part III. Enforcement 20
by the Attorney General” 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2022 Supplement) 23 2 HOUSE BILL 772
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – State Government 3
20–101. 4
(a) In Subtitles 1 through 11 of this title the following words have the meanings 5
indicated. 6
(b) “Commission” means the Commission on Civil Rights. 7
(d) “Discriminatory act” means an act prohibited under: 8
(1) Subtitle 3 of this title (Discrimination in Places of Public 9
Accommodation); 10
(2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated 11
by Maryland Department of Labor); 12
(3) Subtitle 5 of this title (Discrimination in Leasing of Commercial 13
Property); 14
(4) Subtitle 6 of this title (Discrimination in Employment); 15
(5) Subtitle 7 of this title (Discrimination in Housing); or 16
(6) Subtitle 8 of this title (Aiding, Abetting, or Attempting Discriminatory 17
Act; Obstructing Compliance). 18
20–1038. RESERVED. 19
20–1039. RESERVED. 20
PART III. ENFORCEMENT BY THE ATTORNEY GENERAL. 21
20–1040. 22
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
(B) “ATTORNEY GENERAL” MEANS THE ATTORNEY GENERAL AND THE 25
OFFICE OF THE ATTORNEY GENERAL. 26
HOUSE BILL 772 3
(C) (1) “CIVIL RIGHTS VIOLATIO N” MEANS AN ACT OF DISC RIMINATION 1
PROHIBITED UNDER THE U.S. CONSTITUTION, THE MARYLAND CONSTITUTION, OR 2
STATE OR FEDERAL LAW . 3
(2) “CIVIL RIGHTS VIOLATIO N” INCLUDES A DISCRIMINATORY ACT AS 4
DEFINED IN § 20–101 OF THIS TITLE. 5
20–1041. 6
(A) THE ATTORNEY GENERAL MAY INVESTIGA TE, PROSECUTE, AND 7
REMEDIATE, ON BEHALF OF THE RES IDENTS OF THE STATE, ANY CONDUCT THAT 8
CONSTITUTES A CIVIL RIGHTS VIOLATION . 9
(B) THE ATTORNEY GENERAL MAY NOT BRING A CIVIL RIGHTS ACTIO N 10
UNDER THIS PART : 11
(1) ON BEHALF OF AN INDI VIDUAL; OR 12
(2) AGAINST A POLITICAL SUBDIVISION; 13
(3) AGAINST ANY UNIT OF STATE OR LOCAL GOVERN MENT 14
ESTABLISHED BY LAW ; OR 15
(4) AGAINST ANY EMPLOYEE OR AGENT OF AN ENTITY IDENTIFIED IN 16
ITEM (2) OR (3) OF THIS SUBSECTION W HO IS ACTING UNDER T HE COLOR OF LAW . 17
(C) NOTHING IN THIS PART MAY BE INTERPRETED T O IMPAIR THE RIGHTS 18
AND POWERS OF THE COMMISSION UNDER SUBTITLES 1 THROUGH 11 OF THIS 19
TITLE. 20
20–1042. 21
(A) IF THE ATTORNEY GENERAL HAS REASONABL E CAUSE TO BELIEVE 22
THAT A PERSON IS ENG AGED IN DISCRIMINATI ON PROHIBITED BY THE U.S. 23
CONSTITUTION, THE MARYLAND CONSTITUTION, OR STATE OR FEDERAL LAW , THE 24
ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION IN AC CORDANCE WITH THI S 25
PART. 26
(B) THE CIVIL ACTION SHAL L BE INSTITUTED IN T HE CIRCUIT COURT FOR 27
THE COUNTY WHERE : 28
(1) THE ALLEGED VIOLATOR RESIDES OR HAS A PRI NCIPAL PLACE OF 29
BUSINESS; OR 30
4 HOUSE BILL 772
(2) THE ALLEGED VIOLATIO N OCCURRED . 1
20–1043. 2
(A) TO OBTAIN RELIEF WITH RESPECT TO AN ALLEGE D CIVIL RIGHTS 3
VIOLATION, AN ACTION SHALL BE C OMMENCED NOT LATER T HAN 3 YEARS AFTER 4
THE DISCOVERY , OCCURRENCE , OR TERMINATION , WHICHEVER OCCURS LAS T, OF 5
THE ALLEGED CIVIL RI GHTS VIOLATION . 6
(B) TO OBTAIN RELIEF W ITH RESPECT TO AN AL LEGED BREACH OF A 7
CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS TITLE, AN 8
ACTION SHALL BE COMM ENCED NOT LATER THAN 3 YEARS AFTER THE DISC OVERY, 9
OCCURRENCE , OR TERMINATION OF TH E ALLEGED BREACH . 10
20–1044. 11
(A) BEFORE INITIATING A CIVIL ACTI ON, THE OFFICE OF THE ATTORNEY 12
GENERAL SHALL CONDUCT A PRELIMINARY INVEST IGATION TO DETERMINE 13
WHETHER THERE IS REA SONABLE CAUSE TO BEL IEVE THAT ANY PERSON 14
COMMITTED A CIVIL RI GHTS VIOLATION . 15
(B) DURING ANY EXAMINATIO N, INVESTIGATION , OR HEARING, THE OFFICE 16
OF THE ATTORNEY GENERAL MAY: 17
(1) SUBPOENA WITNESSES ; 18
(2) ADMINISTER OATHS ; 19
(3) EXAMINE INDIVIDUALS UNDER OATH ; AND 20
(4) COMPEL PRODUCTION OF RECORDS, BOOKS, PAPERS, 21
CONTRACTS, AND OTHER DOCUMENTS . 22
(C) INFORMATION UNLESS OBTAINED BY A METHOD INDEPENDENT O F A 23
SUBPOENA, INFORMATION OBTAINED UNDER A SUB POENA DESCRIBED UNDE R THIS 24
SECTION IS NOT ADMIS SIBLE IN A LATER CRI MINAL PROCEEDING AGA INST THE 25
PERSON WHO PROVIDES THE EVIDENCE . 26
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 27
THE ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION UNDER THIS PART. 28
(2) IF THE ATTORNEY GENERAL OBTAINS A CON CILIATION OR 29
SETTLEMENT AGREEMENT UNDER THIS PART , NO ACTION MAY BE FIL ED UNDER 30
THIS PART WITH RESPE CT TO THE ALLEGED CONDUCT THAT F ORMS THE BASIS FOR 31 HOUSE BILL 772 5
THE COMPLAINT COVERE D BY THE AGREEMENT E XCEPT FOR THE PURPOS E OF 1
ENFORCING THE TERMS OF THE AGREEMENT . 2
(E) THE ATTORNEY GENERAL MAY INTERVENE IN A CIVIL ACTION 3
CONCERNING AN ALLEGE D CIVIL RIGHTS VIOLA TION, IF: 4
(1) THE ATTORNEY GENERAL CERTIFIES THA T THE CASE IS OF 5
GENERAL IMPORTANCE ; AND 6
(2) TIMELY APPLICATION I S MADE. 7
20–1045. 8
(A) THE ATTORNEY GENERAL MAY SEEK AN I NJUNCTION TO PROHIBI T A 9
PERSON THAT HAS ENGA GED OR IS ENGAGING I N A CIVIL RIGHTS VIO LATION, FROM 10
CONTINUING OR ENGAGI NG IN THE VIOLATION . 11
(B) IN A REQUEST FOR INJU NCTIVE RELIEF BROUGH T UNDER THIS 12
SECTION, THE ATTORNEY GENERAL IS NOT REQUIR ED TO: 13
(1) POST BOND; 14
(2) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW DOES 15
NOT EXIST; OR 16
(3) ALLEGE OR PROVE THAT SUBSTANTIAL OR IRREP ARABLE DAMAGE 17
WOULD RESULT FROM AN Y CONDUCT ALLEGED . 18
(C) THE OFFICE OF THE ATTORNEY GENERAL SHALL SERVE N OTICE OF 19
THE GENERAL RELIEF S OUGHT ON THE ALLEGED VIOLATOR AT LEAST 7 DAYS 20
BEFORE THE ACTION FO R AN INJUNCTION IS FILED. 21
(D) THE COURT MAY ENTER A NY ORDER OF JUDGMENT NECESSARY TO : 22
(1) PREVENT THE USE BY A PERSON OF ANY PROHIB ITED PRACTICE; 23
(2) RESTORE TO A PERSON ANY MONEY , REAL PROPERTY , OR 24
PERSONAL PROPERTY AC QUIRED BY MEANS OF A NY PROHIBITED PRACTI CE; OR 25
(3) APPOINT A RECEIVER T O PREVENT WILLFUL VI OLATION OF THIS 26
TITLE. 27
20–1046. 28
6 HOUSE BILL 772
(A) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY 1
CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART, 2
THE ATTORNEY GENERAL MAY OBTAIN AS A REMEDY EQUITABLE RELIEF , 3
INCLUDING: 4
(1) A PERMANENT INJUNCTI ON; 5
(2) A PRELIMINARY INJUNC TION; 6
(3) A TEMPORARY RESTRAIN ING ORDER; OR 7
(4) ANY OTHER ORDER , INCLUDING: 8
(I) AN ORDER ENJOINING T HE DEFENDANT FROM EN GAGING IN 9
CIVIL RIGHTS VIOLATI ONS; OR 10
(II) AN ORDER REQUIRING A NY APPROPRIATE ACTIO N. 11
(B) (1) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY 12
CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART, 13
THE ATTORNEY GENERAL MAY OBTAIN A CIVIL PENALTY TO VIN DICATE THE PUBLIC 14
INTEREST. 15
(2) A CIVIL PENALTY IMPOSE D UNDER THIS SUBSECT ION SHALL BE IN 16
AN AMOUNT NOT EXCEED ING: 17
(I) $10,000 FOR A FIRST VIOLATIO N; OR 18
(II) $25,000 FOR A SECOND OR SUBS EQUENT VIOLATION . 19
(3) THE FINES PROVIDED FO R IN THIS SUBSECTION : 20
(I) ARE CIVIL PENALTIES AND ARE RECOVERABLE BY THE 21
STATE IN A CIVIL ACTION; AND 22
(II) SHALL BE DEPOSITED I N THE CIVIL RIGHTS ENFORCEMENT 23
FUND ESTABLISHED UNDE R § 20–1047 OF THIS PART. 24
(C) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY 25
CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART, 26
THE ATTORNEY GENERAL MAY OBTAIN RE STITUTION, INCLUDING A REQUIREM ENT 27
THAT THE VIOLATOR OR ALLEGED VIOLATOR : 28
HOUSE BILL 772 7
(1) REIMBURSE TH E COSTS OF THE INVES TIGATION AND LITIGAT ION 1
TO THE ATTORNEY GENERAL AND THE COMMISSION; 2
(2) MAKE RESTITUTION TO ANY AGGRIEVED PERSON OF MONEY, 3
PROPERTY, OR ANY OTHER THING R ECEIVED FROM THE AGG RIEVED PERSON IN 4
CONNECTION WITH A VI OLATION OR AN ALLEGE D VIOLATION OF THIS TIT LE; 5
(3) PAY ECONOMIC DAMAGES TO AN AGGRIEVED PERS ON; OR 6
(4) POST A PERFORMANCE B OND OR OTHER SECURIT Y. 7
20–1047. 8
(A) IN THIS SECTION, “FUND” MEANS THE CIVIL RIGHTS ENFORCEMENT 9
FUND. 10
(B) THERE IS A CIVIL RIGHTS ENFORCEMENT FUND. 11
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR: 12
(1) CIVIL RIGHTS ENFORCE MENT ACTIVITIES OF T HE ATTORNEY 13
GENERAL AND THE COMMISSION; AND 14
(2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO 15
CIVIL RIGHTS VIOLATI ONS. 16
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 17
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 18
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 19
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 20
(E) THE FUND CONSISTS OF : 21
(1) CIVIL PENALTIES DEPOSITE D INTO THE FUND UNDER § 20–1046 22
OF THIS PART; 23
(2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 24
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 25
THE BENEFIT OF THE FUND. 26
(F) THE FUND MAY BE USED ONLY : 27
8 HOUSE BILL 772
(1) TO REIMBURSE THE ATTORNEY GENERAL AND THE COMMISSION 1
FOR COSTS ASSOCIATED WITH INVESTIGATING A ND PROSECUTING CIVIL RIGHTS 2
VIOLATIONS; AND 3
(2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO 4
CIVIL RIGHTS VIOLATI ONS. 5
(G) (1) THE STATE TREASURER SHALL I NVEST THE MONEY OF T HE FUND 6
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 7
(2) INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO THE 8
GENERAL FUND OF THE STATE. 9
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 10
WITH THE STATE BUDGET. 11
(I) MONEY OF THE FUND IS NOT SUBJECT T O TRANSFER BY BUDGET 12
AMENDMENT . 13
(J) MONEY EXPENDED FROM T HE FUND FOR THE ENFORCEM ENT 14
ACTIVITIES OF THE ATTORNEY GENERAL AND THE COMMISSION IS SUPPLEM ENTAL 15
TO AND IS NOT INTEND ED TO TAKE THE PLACE OF FUNDING THAT WOUL D 16
OTHERWISE BE APPROPR IATED FOR THE ATTORNEY GENERAL OR THE 17
COMMISSION. 18
20–1048. 19
(A) IN AREAS OF OVERLAPPI NG JURISDICTION , THE ATTORNEY GENERAL 20
AND THE COMMISSION SHALL COOR DINATE AND MAKE REFERRALS TO MINIMIZ E 21
AND ELIMINATE DUPLICATION OF EFFOR T AND PROMOTE COLLAB ORATION. 22
(B) (1) THE ATTORNEY GENERAL, IN COORDINATION WITH THE 23
COMMISSION, SHALL ADOPT REGULATI ONS TO IMPLEMENT THI S SECTION. 24
(2) THE ATTORNEY GENERAL SHALL PUBLISH PROPOSED 25
REGULATIONS UNDER TH IS SUBSECTION FOR NO TICE AND COMMENT ON OR BEFORE 26
JULY 1, 2024. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2023. 29