EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0669* SENATE BILL 669 P1 4lr2958 By: Senator Charles Introduced and read first time: January 29, 2024 Assigned to: Judicial Proceedings Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 22, 2024 CHAPTER ______ AN ACT concerning 1 State Government – Attorney General – Reports Publication of Documents 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 SENATE BILL 669 (2) the State should investigate and obtain relief from any arbitrary, 1 unlawful, or unconstitutional federal action or inaction and prevent such action or inaction 2 from harming the residents of the State. 3 (b) (1) In addition to any other powers and duties and subject to the 4 requirements of this subsection, the Attorney General may investigate, commence, and 5 prosecute or defend any civil or criminal suit or action that is based on the federal 6 government’s action or inaction that threatens the public interest and welfare of the 7 residents of the State with respect to: 8 (i) protecting the health of the residents of the State and ensuring 9 the availability of affordable health care; 10 (ii) safeguarding public safety and security; 11 (iii) protecting civil liberties; 12 (iv) preserving and enhancing the economic security of workers and 13 retirees; 14 (v) protecting financial security of the residents of the State, 15 including their pensions, savings, and investments, and ensuring fairness in mortgages, 16 student loans, and the marketplace; 17 (vi) protecting the residents of the State against fraud and other 18 deceptive and predatory practices; 19 (vii) protecting the natural resources and environment of the State; 20 (viii) protecting the residents of the State against illegal and 21 unconstitutional federal immigration and travel restrictions; or 22 (ix) otherwise protecting, as parens patriae, the State’s interest in 23 the general health and well–being of its residents. 24 (2) Except as provided in paragraph (4) of this subsection, before 25 commencing a suit or an action under paragraph (1) of this subsection, the Attorney 26 General shall provide to the Governor: 27 (i) written notice of the intended suit or action; and 28 (ii) an opportunity to review and comment on the intended suit or 29 action. 30 (3) If the Governor objects to the intended suit or action for which notice 31 was provided under this subsection: 32 SENATE BILL 669 3 (i) the Governor shall provide in writing to the Attorney General the 1 reasons for the objection within 10 days after receiving the notice; and 2 (ii) except as provided in paragraph (4) of this subsection, the 3 Attorney General shall consider the Governor’s objection before commencing the suit or 4 action. 5 (4) If the Attorney General determines that emergency circumstances 6 require the immediate commencement of a suit or an action under paragraph (1) of this 7 subsection, the Attorney General shall provide to the Governor notice of the suit or action 8 as soon as reasonably practicable. 9 (c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year 10 thereafter, shall appropriate at least $1,000,000 to the Attorney General to be used only 11 for: 12 (1) carrying out this section; and 13 (2) employing five attorneys in the Office of the Attorney General. 14 [(d) On or before December 1 each year, the Attorney General shall report to the 15 Governor and, in accordance with § 2–1257 of this article, the Legislative Policy Committee 16 on any action taken under this section.] 17 6–108. 18 (d) The Attorney General annually shall [have published, in bound volume] 19 PUBLISH ON THE WEBSITE OF TH E ATTORNEY GENERAL: 20 (1) the opinions that the Office issued during the preceding calendar year; 21 and 22 (2) the annual report for that preceding calendar year. 23 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 October 1, 2024. 25