EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0669*
SENATE BILL 669
P1 4lr2958
By: Senator Charles
Introduced and read first time: January 29, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
State Government – Attorney General – Reports 2
FOR the purpose of altering certain reporting requirements for the Attorney General; 3
requiring the Attorney General to publish certain documents on the Attorney 4
General’s website; and generally relating to reports by the Attorney General. 5
BY repealing and reenacting, with amendments, 6
Article – State Government 7
Section 6–106.1 and 6–108(d) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2023 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – State Government 13
6–106.1. 14
(a) The General Assembly finds that: 15
(1) the federal government’s action or failure to take action may pose a 16
threat to the health and welfare of the residents of the State; and 17
(2) the State should investigate and obtain relief from any arbitrary, 18
unlawful, or unconstitutional federal action or inaction and prevent such action or inaction 19
from harming the residents of the State. 20
(b) (1) In addition to any other powers and duties and subject to the 21
requirements of this subsection, the Attorney General may investigate, commence, and 22
prosecute or defend any civil or criminal suit or action that is based on the federal 23 2 SENATE BILL 669
government’s action or inaction that threatens the public interest and welfare of the 1
residents of the State with respect to: 2
(i) protecting the health of the residents of the State and ensuring 3
the availability of affordable health care; 4
(ii) safeguarding public safety and security; 5
(iii) protecting civil liberties; 6
(iv) preserving and enhancing the economic security of workers and 7
retirees; 8
(v) protecting financial security of the residents of the State, 9
including their pensions, savings, and investments, and ensuring fairness in mortgages, 10
student loans, and the marketplace; 11
(vi) protecting the residents of the State against fraud and other 12
deceptive and predatory practices; 13
(vii) protecting the natural resources and environment of the State; 14
(viii) protecting the residents of the State against illegal and 15
unconstitutional federal immigration and travel restrictions; or 16
(ix) otherwise protecting, as parens patriae, the State’s interest in 17
the general health and well–being of its residents. 18
(2) Except as provided in paragraph (4) of this subsection, before 19
commencing a suit or an action under paragraph (1) of this subsection, the Attorney 20
General shall provide to the Governor: 21
(i) written notice of the intended suit or action; and 22
(ii) an opportunity to review and comment on the intended suit or 23
action. 24
(3) If the Governor objects to the intended suit or action for which notice 25
was provided under this subsection: 26
(i) the Governor shall provide in writing to the Attorney General the 27
reasons for the objection within 10 days after receiving the notice; and 28
(ii) except as provided in paragraph (4) of this subsection, the 29
Attorney General shall consider the Governor’s objection before commencing the suit or 30
action. 31
SENATE BILL 669 3
(4) If the Attorney General determines that emergency circumstances 1
require the immediate commencement of a suit or an action under paragraph (1) of this 2
subsection, the Attorney General shall provide to the Governor notice of the suit or action 3
as soon as reasonably practicable. 4
(c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year 5
thereafter, shall appropriate at least $1,000,000 to the Attorney General to be used only 6
for: 7
(1) carrying out this section; and 8
(2) employing five attorneys in the Office of the Attorney General. 9
[(d) On or before December 1 each year, the Attorney General shall report to the 10
Governor and, in accordance with § 2–1257 of this article, the Legislative Policy Committee 11
on any action taken under this section.] 12
6–108. 13
(d) The Attorney General annually shall [have published, in bound volume] 14
PUBLISH ON THE WEBSI TE OF THE ATTORNEY GENERAL: 15
(1) the opinions that the Office issued during the preceding calendar year; 16
and 17
(2) the annual report for that preceding calendar year. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2024. 20