Maryland 2024 Regular Session

Maryland House Bill HB922 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0922
6	6
7	7	HOUSE BILL 922
8	8	P1, D3 4lr2498
9	9	CF SB 680
10	10	By: The Speaker (By Request – Office of the Attorney General)
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Government – Public Welfare Actions – Determinations and Settlements 2
19	19
20	20	FOR the purpose of requiring the factfinder in a public welfare action to make a certain 3
21	21	determination and assign responsibility and liability in a certain manner; 4
22	22	authorizing the State to continue to pursue certain actions if it does not obtain 5
23	23	complete relief from certain responsible persons; establishing that certain provisions 6
24	24	of law requiring uniform contribution among joint tort–feasors do not apply to public 7
25	25	welfare claims; establishing the impact of a certain settlement on the liability of 8
26	26	certain responsible persons; and generally relating to determinations and 9
27	27	settlements of public welfare actions. 10
28	28
29	29	BY adding to 11
30	30	Article – Courts and Judicial Proceedings 12
31	31	Section 3–1401.1 13
32	32	Annotated Code of Maryland 14
33	33	(2020 Replacement Volume and 2023 Supplement) 15
34	34
35	35	BY adding to 16
36	36	Article – State Government 17
37	37	Section 6–106.2 18
38	38	Annotated Code of Maryland 19
39	39	(2021 Replacement Volume and 2023 Supplement) 20
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
42	42	That the Laws of Maryland read as follows: 22
43	43
44	44	Article – Courts and Judicial Proceedings 23
45	45
46	46	3–1401.1. 24
47	47	2 HOUSE BILL 922
48	48
49	49
50	50	THIS TITLE DOES NOT A PPLY TO A PUBLIC WELFARE CLA IM BROUGHT UNDER 1
51	51	§ 6–106.2 OF THE STATE GOVERNMENT ARTICLE. 2
52	52
53	53	Article – State Government 3
54	54
55	55	6–106.2. 4
56	56
57	57	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
58	58	INDICATED. 6
59	59
60	60	(2) “PROPORTIONATE SHARE O F LIABILITY ” MEANS THE 7
61	61	PERCENTAGE OF COMPAR ATIVE RESPONSIBILITY ASSIGNED BY THE FACT FINDER TO 8
62	62	A SETTLING PARTY UND ER THIS SECTION. 9
63	63
64	64	(3) “PUBLIC WELFARE ACTION ” MEANS ANY CIVIL ACTI ON IN WHICH 10
65	65	THE STATE OR THE ATTORNEY GENERAL HAS AS SERTED A PUBLIC WELF ARE CLAIM. 11
66	66
67	67	(4) “PUBLIC WELFARE CLAIM ” MEANS ANY CLAIM, COUNTERCLAIM , 12
68	68	CROSS CLAIM , OR OTHER DEMAND FOR RELIEF OF ANY KIND BROUGHT OR 13
69	69	ASSERTED BY THE ATTORNEY GENERAL OR THE STATE UNDER COMMON LA W, 14
70	70	STATUTORY LAW , OR ANY OTHER BASIS : 15
71	71
72	72	(I) FOR CONSUMER PROTECT ION; OR 16
73	73
74	74	(II) ARISING FROM OR RELA TED TO ALLEGED INJUR IES TO OR 17
75	75	THREATENED INJURIES TO THE HEALTH , SAFETY, ENVIRONMENT , OR WELFARE OF 18
76	76	THE RESIDENTS OF MARYLAND. 19
77	77
78	78	(5) “RESPONSIBLE PERSON” MEANS ANY PERSON ALL EGEDLY LIABLE 20
79	79	IN WHOLE OR IN PART FOR ANY PUBLIC WELFARE C LAIM. 21
80	80
81	81	(B) IN A PUBLIC WELFARE A CTION, THE FACTFINDER SHALL : 22
82	82
83	83	(1) MAKE A DETERMINATION OF THE TOTAL LIABILI TY, INCLUDING 23
84	84	DAMAGES, COSTS, AND ALL OTHER AVAILA BLE RELIEF; 24
85	85
86	86	(2) ASSIGN COMPARATIVE R ESPONSIBILITY TO ALL PARTIES JOINED 25
87	87	IN THE PUBLIC WELFAR E ACTION, INCLUDING ALL DEFEND ANTS, THIRD–PARTY 26
88	88	DEFENDANTS , INTERVENORS , AND ANY OTHER NAMED PARTY, BASED ON THE 27
89	89	PARTY’S RELATIVE DEGREE OF FAULT OR RESPONSIBIL ITY FOR THE TOTAL 28
90	90	LIABILITY; AND 29
91	91
92	92	(3) IF EQUITY REQUIRES , DETERMINE THE LIABIL ITY OF A GROUP OF 30
93	93	RELATED PERSONS ON A COLLECTIVE BASIS . 31 HOUSE BILL 922 3
94	94
95	95
96	96
97	97	(C) IF THE STATE HAS NOT OBTAINE D COMPLETE RELIEF FROM A 1
98	98	RESPONSIBLE PERSON W HO HAS RESOLVED THE PERSON’S LIABILITY TO THE STATE 2
99	99	IN A SETTLEMENT FOR A PUBLIC WELFARE CLAIM , THE STATE MAY: 3
100	100
101	101	(1) CONTINUE TO PURSUE A N ONGOING PUBLIC WEL FARE ACTION 4
102	102	AGAINST ANY OTHER RE SPONSIBLE PERSON WHO HAS NOT RESOLVED THE 5
103	103	PERSON’S LIABILITY TO THE STATE FOR THE PUBLIC WELFARE CLAIM THAT I S THE 6
104	104	SUBJECT OF THE PUBLIC WELFARE A CTION; OR 7
105	105
106	106	(2) BRING A NEW PUBLIC W ELFARE ACTION AGAINS T ANY OTHER 8
107	107	RESPONSIBLE PERSON W HO HAS NOT RESOLVED THE PERSON’S LIABILITY TO THE 9
108	108	STATE FOR THE PUBLIC WELFARE CLAIM THAT I S THE SUBJECT OF THE PUBLIC 10
109	109	WELFARE ACTION . 11
110	110
111	111	(D) NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW: 12
112	112
113	113	(1) THE MARYLAND UNIFORM CONTRIBUTION AMONG JOINT 13
114	114	TORT–FEASORS ACT UNDER TITLE 3, SUBTITLE 14 OF THE COURTS ARTICLE DOES 14
115	115	NOT APPLY TO PUBLIC WELFARE CLAIMS ; 15
116	116
117	117	(2) IF A RESPONSIBLE PER SON RESOLVES THE PER SON’S LIABILITY 16
118	118	TO THE STATE IN A SETTLEMENT OF A PUBLIC WELFARE CLAIM, THE PERSON MAY 17
119	119	NOT BE LIABLE FOR CL AIMS FOR NONCONTRACT UAL CONTRIBUTION OR INDEMNITY 18
120	120	REGARDING ANY MATTER OR CLAIM ADDRESSED I N THE SETTLEMENT , INCLUDING 19
121	121	ANY STATUTORY OR COM MON LAW CLAIM ; AND 20
122	122
123	123	(3) A SETTLEMENT OF A PU BLIC WELFARE CLAIM T HAT RESOLVES 21
124	124	THE LIABILITY OF A R ESPONSIBLE PERSON : 22
125	125
126	126	(I) DOES NOT RELEASE FRO M LIABILITY ANY OTHE R 23
127	127	RESPONSIBLE PERSON E XCEPT AS SPECIFICALL Y PROVIDED IN THE TERMS OF THE 24
128	128	SETTLEMENT ; BUT 25
129	129
130	130	(II) REDUCES THE POTENTIA L LIABILITY OF ALL OTHER 26
131	131	RESPONSIBLE PERSONS LIABLE IN WHOLE OR I N PART FOR THE PUBLI C WELFARE 27
132	132	CLAIM THAT IS THE SU BJECT OF THE SETTLEM ENT BY THE SETTLING PERSON’S 28
133	133	PROPORTIONATE SHARE OF LIABILITY FOR ALL SETTLED PUBLI C WELFARE CLAIMS , 29
134	134	INCLUDING ALL STATUT ORY AND COMMON LAW C LAIMS. 30
135	135
136	136	(E) THIS SECTION MAY NOT BE CONSTRUED TO : 31
137	137
138	138	(1) IMPAIR ANY EXPRESS C ONTRACTUAL RIGHTS ; OR 32 4 HOUSE BILL 922
139	139
140	140
141	141
142	142	(2) GRANT AUTHORITY TO T HE STATE OR THE ATTORNEY GENERAL 1
143	143	TO BRING ACTIONS OR CLAIMS NOT OTHERW ISE AUTHORIZED BY LA W. 2
144	144
145	145	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 3
146	146	apply only prospectively and may not be applied or interpreted to have any effect on or 4
147	147	application to any settlement of a public welfare action finalized before the effective date of 5
148	148	this Act. 6
149	149
150	150	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
151	151	1, 2024. 8