EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1260*
HOUSE BILL 1260
P3 4lr3356
CF SB 926
By: Delegates Adams and Hutchinson
Introduced and read first time: February 8, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
State Government – Permits, Licenses, and Certificates – Reimbursement 2
FOR the purpose of requiring the Attorney General to give notice to certain State entities 3
and the public when a court orders that the State may not require a person to possess 4
a specified permit, license, or certificate; requiring certain State entities to reimburse 5
certain costs related to certain permits, licenses, and certificates; and generally 6
relating to reimbursement for permits, licenses, and certificates. 7
BY repealing and reenacting, with amendments, 8
Article – State Government 9
Section 6–106 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2023 Supplement) 12
BY adding to 13
Article – State Government 14
Section 8–506 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2023 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – State Government 20
6–106. 21
(a) Except as otherwise provided in this section, the Attorney General has general 22
charge of the legal business of the State. 23
2 HOUSE BILL 1260
(b) Unless a law expressly provides for a general counsel as the legal adviser and 1
representative of the officer or unit, the Attorney General is the legal adviser of and shall 2
represent and otherwise perform all of the legal work for each officer and unit of the State 3
government. 4
(c) Notwithstanding any other section of law, an officer or unit of the State 5
government may not employ or be represented by a legal adviser or counsel other than the 6
Attorney General or a designee of the Attorney General, except that: 7
(1) (i) an officer or unit of the State government may employ or be 8
represented by a legal adviser or counsel other than the Attorney General or the Attorney 9
General’s designee with prior approval of the Attorney General; and 10
(ii) the approval may be provided under § 6–105(b) or (c) of this 11
subtitle, § 13–107 of the State Finance and Procurement Article, or other authority 12
specified by the Attorney General; 13
(2) a State institution may employ counsel to represent the institution in a 14
habeas corpus proceeding; 15
(3) a unit of the State government may employ counsel if: 16
(i) an investigation by an investigating committee of the General 17
Assembly affects the unit; 18
(ii) the Attorney General represents both the investigating 19
committee and the unit; 20
(iii) the Attorney General gives the Board of Public Works and the 21
unit written notice that representation by the Attorney General involves or reasonably may 22
involve a conflict of interest; and 23
(iv) the Board of Public Works approves the employment of counsel 24
by the unit; 25
(4) the Office of the Public Defender may employ or be represented by a 26
legal adviser or counsel other than the Attorney General or the Attorney General’s 27
designee; and 28
(5) unless otherwise agreed to by the Attorney General and the County 29
Attorney for Montgomery County, the County Attorney for Montgomery County may 30
represent the Montgomery County Department of Health and Human Services in a 31
contested case under Title 10, Subtitle 2 of this article. 32
(D) (1) (I) IN THIS SUBSECTION TH E FOLLOWIN G WORDS HAVE THE 33
MEANINGS INDICATED . 34
HOUSE BILL 1260 3
(II) “DEPARTMENT ” MEANS A PRINCIPAL DE PARTMENT 1
ESTABLISHED UNDER § 8–201 OF THIS ARTICLE. 2
(III) “INDEPENDENT UNIT ” MEANS A UNIT IN THE EXECUTIVE 3
BRANCH OF STATE GOVERNMENT THAT IS NOT A DEPARTMENT . 4
(IV) “UNCONSTITUTIONAL LICENS E REQUIREMENT ” MEANS 5
THAT A COURT OF COMP ETENT JURISDICTION H AS ISSUED A FINAL OR DER NOT 6
SUBJECT TO APPEAL OR OTHER JUDICIAL REVIE W THAT THE STATE MAY NOT 7
REQUIRE A PERSON TO POSSESS A SPECIFIED PERMIT, LICENSE, OR CERTIFICATE . 8
(2) WITHIN 5 DAYS AFTER A COURT I SSUES A FINAL ORDER ON AN 9
UNCONSTITUTIONAL LIC ENSE REQUIREMENT , THE ATTORNEY GENERAL SHALL : 10
(I) NOTIFY THE DEPARTMEN T OR INDEPENDENT UNI T THAT IS 11
RESPONSIBLE FOR ISSU ING THE PERMIT , LICENSE, OR CERTIFICATE IN WR ITING 12
THAT THE FINAL ORDER HAS B EEN ISSUED; AND 13
(II) POST A NOTICE ON THE ATTORNEY GENERAL’S WEBSITE. 14
(3) IF THE ATTORNEY GENERAL DOES NOT PROV IDE THE NOTICE 15
REQUIRED UNDER PARAG RAPH (2) OF THIS SUBSECTION , A PERSON WHO WOULD B E 16
ENTITLED TO REQUEST A REIMBURSEM ENT UNDER § 8–506 OF THIS ARTICLE MAY 17
FILE A COMPLAINT AGA INST THE ATTORNEY GENERAL IN CIRCUIT CO URT. 18
8–506. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “DEPARTMENT ” HAS THE MEANING STAT ED IN § 6–106(D) OF THIS 22
ARTICLE. 23
(3) “INDEPENDENT UNIT ” HAS THE MEANING STAT ED IN § 6–106(D) 24
OF THIS ARTICLE. 25
(B) A DEPARTMENT OR AN IND EPENDENT UNIT THAT H AS RECEIVED A 26
NOTICE FROM THE ATTORNEY GENERAL UNDER § 6–106(D) OF THIS ARTICLE 27
SHALL, ON REQUEST , REIMBURSE A PERSON T O WHOM THE DEPARTMENT OR 28
INDEPENDENT UNIT HAS ISSUED THE PERMIT , LICENSE, OR CERTIFICATE THAT IS 29
THE SUBJECT OF THE N OTICE ANY MONEY PAID BY THE PERSON FOR : 30
(1) ISSUANCE OF THE PERM IT, LICENSE, OR CERTIFICATE ; AND 31 4 HOUSE BILL 1260
(2) RENEWAL OF THE PERMI T, LICENSE, OR CERTIFICATE. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2024. 3