MD
Maryland Senate Bill SB540

Maryland 2023 Regular Session

Maryland Senate Bill SB540 Compare Versions

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1- WES MOORE, Governor Ch. 629
21
3-– 1 –
4-Chapter 629
5-(Senate Bill 540)
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+ *sb0540*
89
9-Human Relations – Civil Rights Enforcement – Powers of the Attorney General
10+SENATE BILL 540
11+D5 3lr2889
12+ CF HB 772
13+By: The President (By Request – Office of the Attorney General)
14+Introduced and read first time: February 3, 2023
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 9, 2023
1019
11-FOR the purpose of authorizing the Attorney General to investigate, prosecute, and
12-remediate certain civil rights violations under certain circumstances and in a certain
13-manner; authorizing the Attorney General to intervene in certain causes of action
14-under certain circumstances; establishing certain penalties and authorizing the
15-Attorney General to obtain certain relief in certain civil actions, conciliation
16-agreements, and settlement agreements; authorizing the Attorney General to
17-recover certain investigation and litigation costs in a certain manner; establishing
18-the Civil Rights Enforcement Fund as a special, nonlapsing fund; requiring the
19-Attorney General to coordinate with the Maryland Commission on Civil Rights in
20-areas of overlapping jurisdiction; and generally relating to civil rights enforcement.
20+CHAPTER ______
2121
22-BY repealing and reenacting, without amendments,
23- Article – State Government
24-Section 20–101(a), (b), and (d)
25- Annotated Code of Maryland
26- (2021 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2723
28-BY adding to
29- Article – State Government
30-Section 20–1040 through 20–1048 to be under the new part “Part III. Enforcement
31-by the Attorney General”
32- Annotated Code of Maryland
33- (2021 Replacement Volume and 2022 Supplement)
24+Human Relations – Civil Rights Enforcement – Powers of the Attorney General 2
3425
35- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
36-That the Laws of Maryland read as follows:
26+FOR the purpose of authorizing the Attorney General to investigate, prosecute, and 3
27+remediate certain civil rights violations under certain circumstances and in a certain 4
28+manner; authorizing the Attorney General to intervene in certain causes of action 5
29+under certain circumstances; establishing certain penalties and authorizing the 6
30+Attorney General to obtain certain relief in certain civil actions, conciliation 7
31+agreements, and settlement agreements; authorizing the Attorney General to 8
32+recover certain investigation and litigation costs in a certain manner; establishing 9
33+the Civil Rights Enforcement Fund as a special, nonlapsing fund; requiring the 10
34+Attorney General to coordinate with the Maryland Commission on Civil Rights in 11
35+areas of overlapping jurisdiction; and generally relating to civil rights enforcement. 12
3736
38-Article – State Government
37+BY repealing and reenacting, without amendments, 13
38+ Article – State Government 14
39+Section 20–101(a), (b), and (d) 15
40+ Annotated Code of Maryland 16
41+ (2021 Replacement Volume and 2022 Supplement) 17
3942
40-20–101.
43+BY adding to 18
44+ Article – State Government 19
45+Section 20–1040 through 20–1048 to be under the new part “Part III. Enforcement 20
46+by the Attorney General” 21
47+ Annotated Code of Maryland 22
48+ (2021 Replacement Volume and 2022 Supplement) 23 2 SENATE BILL 540
4149
42- (a) In Subtitles 1 through 11 of this title the following words have the meanings
43-indicated.
4450
45- (b) “Commission” means the Commission on Civil Rights.
4651
47- (d) “Discriminatory act” means an act prohibited under:
48- Ch. 629 2023 LAWS OF MARYLAND
52+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53+That the Laws of Maryland read as follows: 2
4954
50-– 2 –
51- (1) Subtitle 3 of this title (Discrimination in Places of Public
52-Accommodation);
55+Article – State Government 3
5356
54- (2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated
55-by Maryland Department of Labor);
57+20–101. 4
5658
57- (3) Subtitle 5 of this title (Discrimination in Leasing of Commercial
58-Property);
59+ (a) In Subtitles 1 through 11 of this title the following words have the meanings 5
60+indicated. 6
5961
60- (4) Subtitle 6 of this title (Discrimination in Employment);
62+ (b) “Commission” means the Commission on Civil Rights. 7
6163
62- (5) Subtitle 7 of this title (Discrimination in Housing); or
64+ (d) “Discriminatory act” means an act prohibited under: 8
6365
64- (6) Subtitle 8 of this title (Aiding, Abetting, or Attempting Discriminatory
65-Act; Obstructing Compliance).
66+ (1) Subtitle 3 of this title (Discrimination in Places of Public 9
67+Accommodation); 10
6668
67-20–1038. RESERVED.
69+ (2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated 11
70+by Maryland Department of Labor); 12
6871
69-20–1039. RESERVED.
72+ (3) Subtitle 5 of this title (Discrimination in Leasing of Commercial 13
73+Property); 14
7074
71-PART III. ENFORCEMENT BY THE ATTORNEY GENERAL.
75+ (4) Subtitle 6 of this title (Discrimination in Employment); 15
7276
73-20–1040.
77+ (5) Subtitle 7 of this title (Discrimination in Housing); or 16
7478
75- (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS
76-INDICATED.
79+ (6) Subtitle 8 of this title (Aiding, Abetting, or Attempting Discriminatory 17
80+Act; Obstructing Compliance). 18
7781
78- (B) “ATTORNEY GENERAL” MEANS THE ATTORNEY GENERAL AND THE
79-OFFICE OF THE ATTORNEY GENERAL.
82+20–1038. RESERVED. 19
8083
81- (C) (1) “CIVIL RIGHTS VIOLATIO N” MEANS AN ACT OF DISC RIMINATION
82-PROHIBITED UNDER THE U.S. CONSTITUTION, THE MARYLAND CONSTITUTION, OR
83-STATE OR FEDERAL LAW .
84+20–1039. RESERVED. 20
8485
85- (2) “CIVIL RIGHTS VIOLATIO N” INCLUDES A DISCRIMIN ATORY ACT AS
86-DEFINED IN § 20–101 OF THIS TITLE.
86+PART III. ENFORCEMENT BY THE ATTORNEY GENERAL. 21
8787
88-20–1041.
88+20–1040. 22
8989
90- (A) THE ATTORNEY GENERAL MAY INVESTIGA TE, PROSECUTE, AND
91-REMEDIATE, ON BEHALF OF THE RES IDENTS OF THE STATE, ANY CONDUCT THAT
92-CONSTITUTES A CIVIL RIGHTS VIOLATION .
93- WES MOORE, Governor Ch. 629
90+ (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 23
91+INDICATED. 24
9492
95-– 3 –
96- (B) THE ATTORNEY GENERAL MAY NOT BRING A CIVIL RIGHTS ACTION
97-UNDER THIS PART :
93+ (B) “ATTORNEY GENERAL” MEANS THE ATTORNEY GENERAL AND THE 25
94+OFFICE OF THE ATTORNEY GENERAL. 26
95+ SENATE BILL 540 3
9896
99- (1) ON BEHALF OF AN INDI VIDUAL; OR
10097
101- (2) AGAINST A POLITICAL SUBDIVISION;
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
102101
103- (3) AGAINST ANY UNIT OF STATE OR LOCAL GOVERN MENT
104-ESTABLISHED BY LAW ; OR
102+ (2) “CIVIL RIGHTS VIOLATIO N” INCLUDES A DISCRIMINATORY ACT AS 4
103+DEFINED IN § 20–101 OF THIS TITLE. 5
105104
106- (4) AGAINST ANY EMPLOYEE OR AGENT OF AN ENTIT Y IDENTIFIED IN
107-ITEM (2) OR (3) OF THIS SUBSECTION W HO IS ACTING UNDER T HE COLOR OF LAW .
105+20–1041. 6
108106
109- (C) NOTHING IN THIS PART MAY BE INTERPRETED T O IMPAIR THE RIGHTS
110-AND POWERS OF THE COMMISSION UNDER SUBTITLES 1 THROUGH 11 OF THIS
111-TITLE.
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
112110
113-20–1042.
111+ (B) THE ATTORNEY GENERAL MAY NOT BRING A CIVIL RIGHTS ACTIO N 10
112+UNDER THIS PART : 11
114113
115- (A) IF THE ATTORNEY GENERAL HAS REASONABL E CAUSE TO BELIEVE
116-THAT A PERSON IS ENG AGED IN DISCRIMINATI ON PROHIBITED BY THE U.S.
117-CONSTITUTION, THE MARYLAND CONSTITUTION, OR STATE OR FEDERAL LAW , THE
118-ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION IN AC CORDANCE WITH THIS
119-PART.
114+ (1) ON BEHALF OF AN INDI VIDUAL; OR 12
120115
121- (B) THE CIVIL ACTION SHAL L BE INSTITUTED IN T HE CIRCUIT COURT FOR
122-THE COUNTY WHERE :
116+ (2) AGAINST A POLITICAL SUBDIVISION; 13
123117
124- (1) THE ALLEGED VIOLATOR RESIDES OR HAS A PRI NCIPAL PLACE OF
125-BUSINESS; OR
118+ (3) AGAINST ANY UNIT OF STATE OR LOCAL GOVERN MENT 14
119+ESTABLISHED BY LAW ; OR 15
126120
127- (2) THE ALLEGED VIOLATIO N OCCURRED .
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
128123
129-20–1043.
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
126+TITLE. 20
130127
131- (A) TO OBTAIN RELIEF WITH RESPECT TO AN ALLEGE D CIVIL RIGHTS
132-VIOLATION, AN ACTION SHALL BE C OMMENCED NOT LATER T HAN 3 YEARS AFTER
133-THE DISCOVERY , OCCURRENCE , OR TERMINATION , WHICHEVER OCCURS LAS T, OF
134-THE ALLEGED CIVIL RI GHTS VIOLATION .
128+20–1042. 21
135129
136- (B) TO OBTAIN RELIEF W ITH RESPECT TO AN AL LEGED BREACH OF A
137-CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS TITLE, AN
138-ACTION SHALL BE COMM ENCED NOT LATER THAN 3 YEARS AFTER THE DISC OVERY,
139-OCCURRENCE , OR TERMINATION OF TH E ALLEGED BREACH . Ch. 629 2023 LAWS OF MARYLAND
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
140135
141-– 4 –
136+ (B) THE CIVIL ACTION SHAL L BE INSTITUTED IN T HE CIRCUIT COURT FOR 27
137+THE COUNTY WHERE : 28
142138
143-20–1044.
139+ (1) THE ALLEGED VIOLATOR RESIDES OR HAS A PRI NCIPAL PLACE OF 29
140+BUSINESS; OR 30
141+ 4 SENATE BILL 540
144142
145- (A) BEFORE INITIATING A CIVIL ACTI ON, THE OFFICE OF THE ATTORNEY
146-GENERAL SHALL CONDUCT A PRELIMINARY INVEST IGATION TO DETERMINE
147-WHETHER THERE IS REA SONABLE CAUSE TO BEL IEVE THAT ANY PERSON
148-COMMITTED A CIVIL RI GHTS VIOLATION .
149143
150- (B) DURING ANY EXAMINATIO N, INVESTIGATION , OR HEARING, THE OFFICE
151-OF THE ATTORNEY GENERAL MAY:
144+ (2) THE ALLEGED VIOLATIO N OCCURRED . 1
152145
153- (1) SUBPOENA WITNESSES ;
146+20–1043. 2
154147
155- (2) ADMINISTER OATHS ;
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
156152
157- (3) EXAMINE INDIVIDUALS UNDER OATH ; AND
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
158157
159- (4) COMPEL PRODUCTION OF RECORDS, BOOKS, PAPERS,
160-CONTRACTS, AND OTHER DOCUMENTS .
158+20–1044. 11
161159
162- (C) INFORMATION UNLESS OBTAINED BY A METH OD INDEPENDENT OF A
163-SUBPOENA, INFORMATION OBTAINED UNDER A SUB POENA DESCRIBED UNDE R THIS
164-SECTION IS NOT ADMIS SIBLE IN A LATER CRI MINAL PROCEEDING AGA INST THE
165-PERSON WHO PROVIDES THE EVIDENCE .
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
166164
167- (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
168-THE ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION UNDER THIS PART.
165+ (B) DURING ANY EXAMINATIO N, INVESTIGATION , OR HEARING, THE OFFICE 16
166+OF THE ATTORNEY GENERAL MAY: 17
169167
170- (2) IF THE ATTORNEY GENERAL OBTAINS A CON CILIATION OR
171-SETTLEMENT AGREEMENT UNDER THIS PART , NO ACTION MAY BE FIL ED UNDER
172-THIS PART WITH RESPE CT TO THE ALLEGED CO NDUCT THAT FORMS THE B ASIS FOR
173-THE COMPLAINT COVERE D BY THE AGREEMENT E XCEPT FOR THE PURPOS E OF
174-ENFORCING THE TERMS OF THE AGREEMENT .
168+ (1) SUBPOENA WITNESSES ; 18
175169
176- (E) THE ATTORNEY GENERAL MAY INTERVENE IN A CIVIL ACTION
177-CONCERNING AN ALLEGE D CIVIL RIGHTS VIOLA TION, IF:
170+ (2) ADMINISTER OATHS ; 19
178171
179- (1) THE ATTORNEY GENERAL CERTIFIES THA T THE CASE IS OF
180-GENERAL IMPORTANCE ; AND
172+ (3) EXAMINE INDIVIDUALS UNDER OATH ; AND 20
181173
182- (2) TIMELY APPLICATION I S MADE.
174+ (4) COMPEL PRODUCTION OF RECORDS, BOOKS, PAPERS, 21
175+CONTRACTS, AND OTHER DOCUMENTS . 22
183176
184-20–1045.
185- WES MOORE, Governor Ch. 629
177+ (C) INFORMATION UNLESS OBTAINED BY A METHOD INDEPENDENT O F A 23
178+SUBPOENA, INFORMATION OBTAINED UNDER A SUB POENA DESCRIBED UNDE R THIS 24
179+SECTION IS NOT ADMIS SIBLE IN A LATER CRI MINAL PROCEEDING AGA INST THE 25
180+PERSON WHO PROVIDES THE EVIDENCE . 26
186181
187-– 5 –
188- (A) THE ATTORNEY GENERAL MAY SEEK AN I NJUNCTION TO PROHIBI T A
189-PERSON THAT HAS ENGA GED OR IS ENGAGING I N A CIVIL RIGHTS VIO LATION, FROM
190-CONTINUING OR ENGAGING IN THE VIOLATION .
182+ (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 27
183+THE ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION UNDER THIS PART. 28
191184
192- (B) IN A REQUEST FOR INJU NCTIVE RELIEF BROUGH T UNDER THIS
193-SECTION, THE ATTORNEY GENERAL IS NOT REQUIR ED TO:
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 SENATE BILL 540 5
194188
195- (1) POST BOND;
196189
197- (2) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW DOES
198-NOT EXIST; OR
190+THE COMPLAINT COVERE D BY THE AGREEMENT E XCEPT FOR THE PURPOS E OF 1
191+ENFORCING THE TERMS OF THE AGREEMENT . 2
199192
200- (3) ALLEGE OR PROVE THAT SUBSTANTI AL OR IRREPARABLE DA MAGE
201-WOULD RESULT FROM AN Y CONDUCT ALLEGED .
193+ (E) THE ATTORNEY GENERAL MAY INTERVENE IN A CIVIL ACTION 3
194+CONCERNING AN ALLEGE D CIVIL RIGHTS VIOLA TION, IF: 4
202195
203- (C) THE OFFICE OF THE ATTORNEY GENERAL SHALL SERVE N OTICE OF
204-THE GENERAL RELIEF S OUGHT ON THE ALLEGED VIOLATOR AT LEAST 7 DAYS
205-BEFORE THE ACTION FO R AN INJUNCTION IS F ILED.
196+ (1) THE ATTORNEY GENERAL CERTIFIES THA T THE CASE IS OF 5
197+GENERAL IMPORTANCE ; AND 6
206198
207- (D) THE COURT MAY ENTER A NY ORDER OF JUDGMENT NECESSARY TO :
199+ (2) TIMELY APPLICATION I S MADE. 7
208200
209- (1) PREVENT THE USE BY A PERSON OF ANY PROHIB ITED PRACTICE;
201+20–1045. 8
210202
211- (2) RESTORE TO A PERSON ANY MONEY , REAL PROPERTY , OR
212-PERSONAL PROPERTY AC QUIRED BY MEANS OF A NY PROHIBITED PRACTI CE; OR
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
213206
214- (3) APPOINT A RECEIVER T O PREVENT WILLFUL VI OLATION OF THIS
215-TITLE.
207+ (B) IN A REQUEST FOR INJU NCTIVE RELIEF BROUGH T UNDER THIS 12
208+SECTION, THE ATTORNEY GENERAL IS NOT REQUIR ED TO: 13
216209
217-20–1046.
210+ (1) POST BOND; 14
218211
219- (A) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY
220-CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART,
221-THE ATTORNEY GENERAL MAY OBTAIN AS A REMEDY EQUITABLE RELIEF,
222-INCLUDING:
212+ (2) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW DOES 15
213+NOT EXIST; OR 16
223214
224- (1) A PERMANENT INJUNCTI ON;
215+ (3) ALLEGE OR PROVE THAT SUBSTANTIAL OR IRREP ARABLE DAMAGE 17
216+WOULD RESULT FROM AN Y CONDUCT ALLEGED . 18
225217
226- (2) A PRELIMINARY INJUNC TION;
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
227221
228- (3) A TEMPORARY RESTRAIN ING ORDER; OR
222+ (D) THE COURT MAY ENTER A NY ORDER OF JUDGMENT NECESSARY TO : 22
229223
230- (4) ANY OTHER ORDER , INCLUDING:
231- Ch. 629 2023 LAWS OF MARYLAND
224+ (1) PREVENT THE USE BY A PERSON OF ANY PROHIB ITED PRACTICE; 23
232225
233-– 6 –
234- (I) AN ORDER ENJOINING T HE DEFENDANT FROM EN GAGING IN
235-CIVIL RIGHTS VIOLATI ONS; OR
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
236228
237- (II) AN ORDER REQUIRING A NY APPROPRIATE ACTIO N.
229+ (3) APPOINT A RECEIVER T O PREVENT WILLFUL VI OLATION OF THIS 26
230+TITLE. 27
238231
239- (B) (1) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY
240-CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART,
241-THE ATTORNEY GENERAL MAY OBTAIN A CIVIL PENALTY TO VIN DICATE THE PUBLIC
242-INTEREST.
232+20–1046. 28
233+ 6 SENATE BILL 540
243234
244- (2) A CIVIL PENALTY IMPOSE D UNDER THIS SUBSECT ION SHALL BE IN
245-AN AMOUNT NOT EXCEED ING:
246235
247- (I) $10,000 FOR A FIRST VIOLATIO N; OR
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
248240
249- (II) $25,000 FOR A SECOND OR SUBS EQUENT VIOLATION ;
241+ (1) A PERMANENT INJUNCTI ON; 5
250242
251- (3) THE FINES PROVIDED FO R IN THIS SUBSECTION :
243+ (2) A PRELIMINARY INJUNC TION; 6
252244
253- (I) ARE CIVIL PENALTIES AND ARE RE COVERABLE BY THE
254-STATE IN A CIVIL ACTION; AND
245+ (3) A TEMPORARY RESTRAIN ING ORDER; OR 7
255246
256- (II) SHALL BE DEPOSITED I N THE CIVIL RIGHTS ENFORCEMENT
257-FUND ESTABLISHED UNDE R § 20–1047 OF THIS PART.
247+ (4) ANY OTHER ORDER , INCLUDING: 8
258248
259- (C) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY
260-CONCILIATION OR SETTLEMENT AGREEMENT ENTERED INTO UNDER T HIS PART,
261-THE ATTORNEY GENERAL MAY OBTAIN RE STITUTION, INCLUDING A REQUIREM ENT
262-THAT THE VIOLATOR OR ALLEGED VIOLATOR :
249+ (I) AN ORDER ENJOINING T HE DEFENDANT FROM EN GAGING IN 9
250+CIVIL RIGHTS VIOLATI ONS; OR 10
263251
264- (1) REIMBURSE THE COSTS OF THE INVESTIGATION AND LITIGATION
265-TO THE ATTORNEY GENERAL AND THE COMMISSION;
252+ (II) AN ORDER REQUIRING A NY APPROPRIATE ACTIO N. 11
266253
267- (2) MAKE RESTITUTION TO ANY AGGRIEVED PERSON OF MONEY,
268-PROPERTY, OR ANY OTHER THING R ECEIVED FROM THE AGG RIEVED PERSON IN
269-CONNECTION WITH A VI OLATION OR AN ALLEGE D VIOLATION OF THIS TITLE;
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
270258
271- (3) PAY ECONOMIC DAMAGES TO AN AGGRIEVED PERS ON; OR
259+ (2) A CIVIL PENALTY IMPOSE D UNDER THIS SUBSECT ION SHALL BE IN 16
260+AN AMOUNT NOT EXCEED ING: 17
272261
273- (4) POST A PERFORMANCE B OND OR OTHER SECURIT Y.
262+ (I) $10,000 FOR A FIRST VIOLATIO N; OR 18
274263
275-20–1047.
276- WES MOORE, Governor Ch. 629
264+ (II) $25,000 FOR A SECOND OR SUBS EQUENT VIOLATION ; 19
277265
278-– 7 –
279- (A) IN THIS SECTION, “FUND” MEANS THE CIVIL RIGHTS ENFORCEMENT
280-FUND.
266+ (3) THE FINES PROVIDED FO R IN THIS SUBSECTION : 20
281267
282- (B) THERE IS A CIVIL RIGHTS ENFORCEMENT FUND.
268+ (I) ARE CIVIL PENALTIES AND ARE RECOVERABLE BY THE 21
269+STATE IN A CIVIL ACTION; AND 22
283270
284- (C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR:
271+ (II) SHALL BE DEPOSITED I N THE CIVIL RIGHTS ENFORCEMENT 23
272+FUND ESTABLISHED UNDE R § 20–1047 OF THIS PART. 24
285273
286- (1) CIVIL RIGHT S ENFORCEMENT ACTIVI TIES OF THE ATTORNEY
287-GENERAL AND THE COMMISSION; AND
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+ SENATE BILL 540 7
288279
289- (2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO
290-CIVIL RIGHTS VIOLATI ONS.
291280
292- (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
293-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
281+ (1) REIMBURSE T HE COSTS OF THE INVE STIGATION AND LITIGA TION 1
282+TO THE ATTORNEY GENERAL AND THE COMMISSION; 2
294283
295- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
296-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
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 TI TLE; 5
297287
298- (E) THE FUND CONSISTS OF :
288+ (3) PAY ECONOMIC DAMAGES TO AN AGGRIEVED PERS ON; OR 6
299289
300- (1) CIVIL PENALTIES DEPO SITED INTO THE FUND UNDER § 20–1046
301-OF THIS PART;
290+ (4) POST A PERFORMANCE B OND OR OTHER SECURIT Y. 7
302291
303- (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; AND
292+20–1047. 8
304293
305- (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
306-THE BENEFIT OF THE FUND.
294+ (A) IN THIS SECTION, “FUND” MEANS THE CIVIL RIGHTS ENFORCEMENT 9
295+FUND. 10
307296
308- (F) THE FUND MAY BE USED ONLY :
297+ (B) THERE IS A CIVIL RIGHTS ENFORCEMENT FUND. 11
309298
310- (1) TO REIMBURSE THE ATTORNEY GENERAL AND THE COMMISSION
311-FOR COSTS ASSOCIATED WITH INVESTIGATING AND PROSEC UTING CIVIL RIGHTS
312-VIOLATIONS; AND
299+ (C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR: 12
313300
314- (2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO
315-CIVIL RIGHTS VIOLATI ONS.
301+ (1) CIVIL RIGHTS ENFORCE MENT ACTIVITIES OF T HE ATTORNEY 13
302+GENERAL AND THE COMMISSION; AND 14
316303
317- (G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
318-IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
304+ (2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO 15
305+CIVIL RIGHTS VIOLATI ONS. 16
319306
320- (2) INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO THE
321-GENERAL FUND OF THE STATE.
322- Ch. 629 2023 LAWS OF MARYLAND
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
323309
324-– 8 –
325- (H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
326-WITH THE STATE BUDGET .
310+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 19
311+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 20
327312
328- (I) MONEY OF THE FUND IS NOT SUBJECT T O TRANSFER BY BUDGET
329-AMENDMENT .
313+ (E) THE FUND CONSISTS OF : 21
330314
331- (J) MONEY EXPENDED FROM T HE FUND FOR THE ENFORCEM ENT
332-ACTIVITIES OF THE ATTORNEY GENERAL AND THE COMMISSION IS SUPPLEM ENTAL
333-TO AND IS NOT INTEND ED TO TAKE THE PLACE OF FUNDING THAT WOUL D
334-OTHERWISE BE APPROPR IATED FOR THE ATTORNEY GENERAL OR THE
335-COMMISSION.
315+ (1) CIVIL PENALTIES DEPOSITE D INTO THE FUND UNDER § 20–1046 22
316+OF THIS PART; 23
336317
337-20–1048.
318+ (2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 24
338319
339- (A) IN AREAS OF OVERLAPPI NG JURISDICTION , THE ATTORNEY GENERAL
340-AND THE COMMISSION SHALL COOR DINATE AND MAKE REFERRALS TO MINIMIZ E
341-AND ELIMINATE DUPLICATION OF EFFOR T AND PROMOTE COLLAB ORATION.
320+ (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 25
321+THE BENEFIT OF THE FUND. 26
342322
343- (B) (1) THE ATTORNEY GENERAL, IN COORDINATION WITH THE
344-COMMISSION, SHALL ADOPT REGULATI ONS TO IMPLEMENT THI S SECTION.
323+ (F) THE FUND MAY BE USED ONLY : 27
324+ 8 SENATE BILL 540
345325
346- (2) THE ATTORNEY GENERAL SHALL PUBLISH PROPOSED
347-REGULATIONS UNDER TH IS SUBSECTION FOR NO TICE AND COMMENT ON OR BEFORE
348-JULY 1, 2024.
349326
350- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
351-October 1, 2023.
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
352330
353-Approved by the Governor, May 16, 2023.
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+