WES MOORE, Governor Ch. 629
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Chapter 629
(Senate Bill 540)
AN ACT concerning
Human Relations – Civil Rights Enforcement – Powers of the Attorney General
FOR the purpose of authorizing the Attorney General to investigate, prosecute, and
remediate certain civil rights violations under certain circumstances and in a certain
manner; authorizing the Attorney General to intervene in certain causes of action
under certain circumstances; establishing certain penalties and authorizing the
Attorney General to obtain certain relief in certain civil actions, conciliation
agreements, and settlement agreements; authorizing the Attorney General to
recover certain investigation and litigation costs in a certain manner; establishing
the Civil Rights Enforcement Fund as a special, nonlapsing fund; requiring the
Attorney General to coordinate with the Maryland Commission on Civil Rights in
areas of overlapping jurisdiction; and generally relating to civil rights enforcement.
BY repealing and reenacting, without amendments,
Article – State Government
Section 20–101(a), (b), and (d)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY adding to
Article – State Government
Section 20–1040 through 20–1048 to be under the new part “Part III. Enforcement
by the Attorney General”
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Government
20–101.
(a) In Subtitles 1 through 11 of this title the following words have the meanings
indicated.
(b) “Commission” means the Commission on Civil Rights.
(d) “Discriminatory act” means an act prohibited under:
Ch. 629 2023 LAWS OF MARYLAND
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(1) Subtitle 3 of this title (Discrimination in Places of Public
Accommodation);
(2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated
by Maryland Department of Labor);
(3) Subtitle 5 of this title (Discrimination in Leasing of Commercial
Property);
(4) Subtitle 6 of this title (Discrimination in Employment);
(5) Subtitle 7 of this title (Discrimination in Housing); or
(6) Subtitle 8 of this title (Aiding, Abetting, or Attempting Discriminatory
Act; Obstructing Compliance).
20–1038. RESERVED.
20–1039. RESERVED.
PART III. ENFORCEMENT BY THE ATTORNEY GENERAL.
20–1040.
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “ATTORNEY GENERAL” MEANS THE ATTORNEY GENERAL AND THE
OFFICE OF THE ATTORNEY GENERAL.
(C) (1) “CIVIL RIGHTS VIOLATIO N” MEANS AN ACT OF DISC RIMINATION
PROHIBITED UNDER THE U.S. CONSTITUTION, THE MARYLAND CONSTITUTION, OR
STATE OR FEDERAL LAW .
(2) “CIVIL RIGHTS VIOLATIO N” INCLUDES A DISCRIMIN ATORY ACT AS
DEFINED IN § 20–101 OF THIS TITLE.
20–1041.
(A) THE ATTORNEY GENERAL MAY INVESTIGA TE, PROSECUTE, AND
REMEDIATE, ON BEHALF OF THE RES IDENTS OF THE STATE, ANY CONDUCT THAT
CONSTITUTES A CIVIL RIGHTS VIOLATION .
WES MOORE, Governor Ch. 629
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(B) THE ATTORNEY GENERAL MAY NOT BRING A CIVIL RIGHTS ACTION
UNDER THIS PART :
(1) ON BEHALF OF AN INDI VIDUAL; OR
(2) AGAINST A POLITICAL SUBDIVISION;
(3) AGAINST ANY UNIT OF STATE OR LOCAL GOVERN MENT
ESTABLISHED BY LAW ; OR
(4) AGAINST ANY EMPLOYEE OR AGENT OF AN ENTIT Y IDENTIFIED IN
ITEM (2) OR (3) OF THIS SUBSECTION W HO IS ACTING UNDER T HE COLOR OF LAW .
(C) NOTHING IN THIS PART MAY BE INTERPRETED T O IMPAIR THE RIGHTS
AND POWERS OF THE COMMISSION UNDER SUBTITLES 1 THROUGH 11 OF THIS
TITLE.
20–1042.
(A) IF THE ATTORNEY GENERAL HAS REASONABL E CAUSE TO BELIEVE
THAT A PERSON IS ENG AGED IN DISCRIMINATI ON PROHIBITED BY THE U.S.
CONSTITUTION, THE MARYLAND CONSTITUTION, OR STATE OR FEDERAL LAW , THE
ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION IN AC CORDANCE WITH THIS
PART.
(B) THE CIVIL ACTION SHAL L BE INSTITUTED IN T HE CIRCUIT COURT FOR
THE COUNTY WHERE :
(1) THE ALLEGED VIOLATOR RESIDES OR HAS A PRI NCIPAL PLACE OF
BUSINESS; OR
(2) THE ALLEGED VIOLATIO N OCCURRED .
20–1043.
(A) TO OBTAIN RELIEF WITH RESPECT TO AN ALLEGE D CIVIL RIGHTS
VIOLATION, AN ACTION SHALL BE C OMMENCED NOT LATER T HAN 3 YEARS AFTER
THE DISCOVERY , OCCURRENCE , OR TERMINATION , WHICHEVER OCCURS LAS T, OF
THE ALLEGED CIVIL RI GHTS VIOLATION .
(B) TO OBTAIN RELIEF W ITH RESPECT TO AN AL LEGED BREACH OF A
CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS TITLE, AN
ACTION SHALL BE COMM ENCED NOT LATER THAN 3 YEARS AFTER THE DISC OVERY,
OCCURRENCE , OR TERMINATION OF TH E ALLEGED BREACH . Ch. 629 2023 LAWS OF MARYLAND
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20–1044.
(A) BEFORE INITIATING A CIVIL ACTI ON, THE OFFICE OF THE ATTORNEY
GENERAL SHALL CONDUCT A PRELIMINARY INVEST IGATION TO DETERMINE
WHETHER THERE IS REA SONABLE CAUSE TO BEL IEVE THAT ANY PERSON
COMMITTED A CIVIL RI GHTS VIOLATION .
(B) DURING ANY EXAMINATIO N, INVESTIGATION , OR HEARING, THE OFFICE
OF THE ATTORNEY GENERAL MAY:
(1) SUBPOENA WITNESSES ;
(2) ADMINISTER OATHS ;
(3) EXAMINE INDIVIDUALS UNDER OATH ; AND
(4) COMPEL PRODUCTION OF RECORDS, BOOKS, PAPERS,
CONTRACTS, AND OTHER DOCUMENTS .
(C) INFORMATION UNLESS OBTAINED BY A METH OD INDEPENDENT OF A
SUBPOENA, INFORMATION OBTAINED UNDER A SUB POENA DESCRIBED UNDE R THIS
SECTION IS NOT ADMIS SIBLE IN A LATER CRI MINAL PROCEEDING AGA INST THE
PERSON WHO PROVIDES THE EVIDENCE .
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
THE ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION UNDER THIS PART.
(2) IF THE ATTORNEY GENERAL OBTAINS A CON CILIATION OR
SETTLEMENT AGREEMENT UNDER THIS PART , NO ACTION MAY BE FIL ED UNDER
THIS PART WITH RESPE CT TO THE ALLEGED CO NDUCT THAT FORMS THE B ASIS FOR
THE COMPLAINT COVERE D BY THE AGREEMENT E XCEPT FOR THE PURPOS E OF
ENFORCING THE TERMS OF THE AGREEMENT .
(E) THE ATTORNEY GENERAL MAY INTERVENE IN A CIVIL ACTION
CONCERNING AN ALLEGE D CIVIL RIGHTS VIOLA TION, IF:
(1) THE ATTORNEY GENERAL CERTIFIES THA T THE CASE IS OF
GENERAL IMPORTANCE ; AND
(2) TIMELY APPLICATION I S MADE.
20–1045.
WES MOORE, Governor Ch. 629
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(A) THE ATTORNEY GENERAL MAY SEEK AN I NJUNCTION TO PROHIBI T A
PERSON THAT HAS ENGA GED OR IS ENGAGING I N A CIVIL RIGHTS VIO LATION, FROM
CONTINUING OR ENGAGING IN THE VIOLATION .
(B) IN A REQUEST FOR INJU NCTIVE RELIEF BROUGH T UNDER THIS
SECTION, THE ATTORNEY GENERAL IS NOT REQUIR ED TO:
(1) POST BOND;
(2) ALLEGE OR PROVE THAT AN ADEQUATE REMEDY A T LAW DOES
NOT EXIST; OR
(3) ALLEGE OR PROVE THAT SUBSTANTI AL OR IRREPARABLE DA MAGE
WOULD RESULT FROM AN Y CONDUCT ALLEGED .
(C) THE OFFICE OF THE ATTORNEY GENERAL SHALL SERVE N OTICE OF
THE GENERAL RELIEF S OUGHT ON THE ALLEGED VIOLATOR AT LEAST 7 DAYS
BEFORE THE ACTION FO R AN INJUNCTION IS F ILED.
(D) THE COURT MAY ENTER A NY ORDER OF JUDGMENT NECESSARY TO :
(1) PREVENT THE USE BY A PERSON OF ANY PROHIB ITED PRACTICE;
(2) RESTORE TO A PERSON ANY MONEY , REAL PROPERTY , OR
PERSONAL PROPERTY AC QUIRED BY MEANS OF A NY PROHIBITED PRACTI CE; OR
(3) APPOINT A RECEIVER T O PREVENT WILLFUL VI OLATION OF THIS
TITLE.
20–1046.
(A) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY
CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART,
THE ATTORNEY GENERAL MAY OBTAIN AS A REMEDY EQUITABLE RELIEF,
INCLUDING:
(1) A PERMANENT INJUNCTI ON;
(2) A PRELIMINARY INJUNC TION;
(3) A TEMPORARY RESTRAIN ING ORDER; OR
(4) ANY OTHER ORDER , INCLUDING:
Ch. 629 2023 LAWS OF MARYLAND
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(I) AN ORDER ENJOINING T HE DEFENDANT FROM EN GAGING IN
CIVIL RIGHTS VIOLATI ONS; OR
(II) AN ORDER REQUIRING A NY APPROPRIATE ACTIO N.
(B) (1) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY
CONCILIATION OR SETT LEMENT AGREEMENT ENT ERED INTO UNDER THIS PART,
THE ATTORNEY GENERAL MAY OBTAIN A CIVIL PENALTY TO VIN DICATE THE PUBLIC
INTEREST.
(2) A CIVIL PENALTY IMPOSE D UNDER THIS SUBSECT ION SHALL BE IN
AN AMOUNT NOT EXCEED ING:
(I) $10,000 FOR A FIRST VIOLATIO N; OR
(II) $25,000 FOR A SECOND OR SUBS EQUENT VIOLATION ;
(3) THE FINES PROVIDED FO R IN THIS SUBSECTION :
(I) ARE CIVIL PENALTIES AND ARE RE COVERABLE BY THE
STATE IN A CIVIL ACTION; AND
(II) SHALL BE DEPOSITED I N THE CIVIL RIGHTS ENFORCEMENT
FUND ESTABLISHED UNDE R § 20–1047 OF THIS PART.
(C) IN ANY CIVIL ACTION B ROUGHT UNDER THIS PA RT, OR ANY
CONCILIATION OR SETTLEMENT AGREEMENT ENTERED INTO UNDER T HIS PART,
THE ATTORNEY GENERAL MAY OBTAIN RE STITUTION, INCLUDING A REQUIREM ENT
THAT THE VIOLATOR OR ALLEGED VIOLATOR :
(1) REIMBURSE THE COSTS OF THE INVESTIGATION AND LITIGATION
TO THE ATTORNEY GENERAL AND THE COMMISSION;
(2) MAKE RESTITUTION TO ANY AGGRIEVED PERSON OF MONEY,
PROPERTY, OR ANY OTHER THING R ECEIVED FROM THE AGG RIEVED PERSON IN
CONNECTION WITH A VI OLATION OR AN ALLEGE D VIOLATION OF THIS TITLE;
(3) PAY ECONOMIC DAMAGES TO AN AGGRIEVED PERS ON; OR
(4) POST A PERFORMANCE B OND OR OTHER SECURIT Y.
20–1047.
WES MOORE, Governor Ch. 629
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(A) IN THIS SECTION, “FUND” MEANS THE CIVIL RIGHTS ENFORCEMENT
FUND.
(B) THERE IS A CIVIL RIGHTS ENFORCEMENT FUND.
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR:
(1) CIVIL RIGHT S ENFORCEMENT ACTIVI TIES OF THE ATTORNEY
GENERAL AND THE COMMISSION; AND
(2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO
CIVIL RIGHTS VIOLATI ONS.
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(E) THE FUND CONSISTS OF :
(1) CIVIL PENALTIES DEPO SITED INTO THE FUND UNDER § 20–1046
OF THIS PART;
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; AND
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
(F) THE FUND MAY BE USED ONLY :
(1) TO REIMBURSE THE ATTORNEY GENERAL AND THE COMMISSION
FOR COSTS ASSOCIATED WITH INVESTIGATING AND PROSEC UTING CIVIL RIGHTS
VIOLATIONS; AND
(2) EDUCATION AND OUTREA CH IN THE COMMUNITY RELATING TO
CIVIL RIGHTS VIOLATI ONS.
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
(2) INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO THE
GENERAL FUND OF THE STATE.
Ch. 629 2023 LAWS OF MARYLAND
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(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
WITH THE STATE BUDGET .
(I) MONEY OF THE FUND IS NOT SUBJECT T O TRANSFER BY BUDGET
AMENDMENT .
(J) MONEY EXPENDED FROM T HE FUND FOR THE ENFORCEM ENT
ACTIVITIES OF THE ATTORNEY GENERAL AND THE COMMISSION IS SUPPLEM ENTAL
TO AND IS NOT INTEND ED TO TAKE THE PLACE OF FUNDING THAT WOUL D
OTHERWISE BE APPROPR IATED FOR THE ATTORNEY GENERAL OR THE
COMMISSION.
20–1048.
(A) IN AREAS OF OVERLAPPI NG JURISDICTION , THE ATTORNEY GENERAL
AND THE COMMISSION SHALL COOR DINATE AND MAKE REFERRALS TO MINIMIZ E
AND ELIMINATE DUPLICATION OF EFFOR T AND PROMOTE COLLAB ORATION.
(B) (1) THE ATTORNEY GENERAL, IN COORDINATION WITH THE
COMMISSION, SHALL ADOPT REGULATI ONS TO IMPLEMENT THI S SECTION.
(2) THE ATTORNEY GENERAL SHALL PUBLISH PROPOSED
REGULATIONS UNDER TH IS SUBSECTION FOR NO TICE AND COMMENT ON OR BEFORE
JULY 1, 2024.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 16, 2023.