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.
Italics indicate opposite chamber/conference committee amendments.
*sb0669*
SENATE BILL 669
P1 (4lr2958)
ENROLLED BILL
— Judicial Proceedings/Health and Government Operations —
Introduced by Senator Charles
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
State Government – Attorney General – Reports Publication of Documents 2
Reports 3
FOR the purpose of altering certain reporting requirements for the Attorney General; 4
altering certain reporting requirements for the Attorney General; requiring the 5
Attorney General to publish certain documents on the Attorney General’s website; 6
and generally relating to reports by reports by the Attorney General. 7
BY repealing and reenacting, with amendments, 8
Article – State Government 9
Section 6–106.1 and 6–108(d) 6–106.1 and 6–108 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2023 Supplement) 12
2 SENATE BILL 669
SECTION 1. BE IT ENACTE D BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – State Government 3
6–106.1. 4
(a) The General Assembly finds that: 5
(1) the federal government’s action or failure to take action may pose a 6
threat to the health and welfare of the residents of the State; and 7
(2) the State should investigate and obtain relief from any arbitrary, 8
unlawful, or unconstitutional federal action or inaction and prevent such action or inaction 9
from harming the residents of the State. 10
(b) (1) In addition to any other powers and duties and subject to the 11
requirements of this subsection, the Attorney General may investigate, commence, and 12
prosecute or defend any civil or criminal suit or action that is based on the federal 13
government’s action or inaction that threatens the public interest and welfare of the 14
residents of the State with respect to: 15
(i) protecting the health of the residents of the State and ensuring 16
the availability of affordable health care; 17
(ii) safeguarding public safety and security; 18
(iii) protecting civil liberties; 19
(iv) preserving and enhancing the economic security of workers and 20
retirees; 21
(v) protecting financial security of the residents of the State, 22
including their pensions, savings, and investments, and ensuring fairness in mortgages, 23
student loans, and the marketplace; 24
(vi) protecting the residents of the State against fraud and other 25
deceptive and predatory practices; 26
(vii) protecting the natural resources and environment of the State; 27
(viii) protecting the residents of the State against illegal and 28
unconstitutional federal immigration and travel restrictions; or 29
(ix) otherwise protecting, as parens patriae, the State’s interest in 30
the general health and well–being of its residents. 31
SENATE BILL 669 3
(2) Except as provided in paragraph (4) of this subsection, before 1
commencing a suit or an action under paragraph (1) of this subsection, the Attorney 2
General shall provide to the Governor: 3
(i) written notice of the intended suit or action; and 4
(ii) an opportunity to review and comment on the intended suit or 5
action. 6
(3) If the Governor objects to the intended suit or action for which notice 7
was provided under this subsection: 8
(i) the Governor shall provide in writing to the Attorney General the 9
reasons for the objection within 10 days after receiving the notice; and 10
(ii) except as provided in paragraph (4) of this subsection, the 11
Attorney General shall consider the Governor’s objection before commencing the suit or 12
action. 13
(4) If the Attorney General determines that emergency circumstances 14
require the immediate commencement of a suit or an action under paragraph (1) of this 15
subsection, the Attorney General shall provide to the Governor notice of the suit or action 16
as soon as reasonably practicable. 17
(c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year 18
thereafter, shall appropriate at least $1,000,000 to the Attorney General to be used only 19
for: 20
(1) carrying out this section; and 21
(2) employing five attorneys in the Office of the Attorney General. 22
[(d) On or before December 1 each year, the Attorney General shall report to the 23
Governor and, in accordance with § 2–1257 of this article, the Legislative Policy Committee 24
on any action taken under this section.] 25
6–106.1. 26
(a) The General Assembly finds that: 27
(1) the federal government’s action or failure to take action may pose a 28
threat to the health and welfare of the residents of the State; and 29
(2) the State should investigate and obtain relief from any arbitrary, 30
unlawful, or unconstitutional federal action or inaction and prevent such action or inaction 31
from harming the residents of the State. 32
4 SENATE BILL 669
(b) (1) In addition to any other powers and duties and subject to the 1
requirements of this subsection, the Attorney General may investigate, commence, and 2
prosecute or defend any civil or criminal suit or action that is based on the federal 3
government’s action or inaction that threatens the public interest and welfare of the residents 4
of the State with respect to: 5
(i) protecting the health of the residents of the State and ensuring the 6
availability of affordable health care; 7
(ii) safeguarding public safety and security; 8
(iii) protecting civil liberties; 9
(iv) preserving and enhancing the economic security of workers and 10
retirees; 11
(v) protecting financial security of the residents of the State, 12
including their pensions, savings, and investments, and ensuring fairness in mortgages, 13
student loans, and the marketplace; 14
(vi) protecting the residents of the State against fraud and other 15
deceptive and predatory practices; 16
(vii) protecting the natural resources and environment of the State; 17
(viii) protecting the residents of the State against illegal and 18
unconstitutional federal immigration and travel restrictions; or 19
(ix) otherwise protecting, as parens patriae, the State’s interest in the 20
general health and well–being of its residents. 21
(2) Except as provided in paragraph (4) of this subsection, before 22
commencing a suit or an action under paragraph (1) of this subsection, the Attorney General 23
shall provide to the Governor: 24
(i) written notice of the intended suit or action; and 25
(ii) an opportunity to review and comment on the intended suit or 26
action. 27
(3) If the Governor objects to the intended suit or action for which notice was 28
provided under this subsection: 29
(i) the Governor shall provide in writing to the Attorney General the 30
reasons for the objection within 10 days after receiving the notice; and 31
SENATE BILL 669 5
(ii) except as provided in paragraph (4) of this subsection, the 1
Attorney General shall consider the Governor’s objection before commencing the suit or 2
action. 3
(4) If the Attorney General determines that emergency circumstances 4
require the immediate commencement of a suit or an action under paragraph (1) of this 5
subsection, the Attorney General shall provide to the Governor notice of the suit or action as 6
soon as reasonably practicable. 7
(c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year 8
thereafter, shall appropriate at least $1,000,000 to the Attorney General to be used only for: 9
(1) carrying out this section; and 10
(2) employing five attorneys in the Office of the Attorney General. 11
[(d) On or before December 1 each year, the Attorney General shall report to the 12
Governor and, in accordance with § 2–1257 of this article, the Legislative Policy Committee 13
on any action taken under this section.] 14
6–108. 15
(a) The Attorney General or any Deputy Attorney General or assistant Attorney 16
General whom the Attorney General designates may: 17
(1) become a member of an organization of attorneys general of other states 18
or their deputies or assistants and, as provided in the State budget, contribute to the expenses 19
of the organization; and 20
(2) use the services of the Council of State Governments and, as provided in 21
the State budget, contribute to the cost of the services. 22
(b) (1) On January 1 of each year, the Attorney General shall submit an annual 23
report to the Governor AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE 24
GENERAL ASSEMBLY. 25
(2) The annual report shall: 26
(i) describe the business and proceedings of the Office during the 27
preceding calendar year; AND 28
(ii) [include an itemized statement of the receipts and disbursements 29
of the Attorney General during the preceding fiscal year; and 30
(iii)] include any recommendations that the Attorney General 31
considers appropriate. 32 6 SENATE BILL 669
(c) The Attorney General shall keep the following records until they are disposed 1
of in accordance with § 10–616 of this article: 2
(1) a copy of the pleadings in each suit, action, or other proceeding of which 3
the Office has charge; 4
(2) a complete and current docket of those proceedings; 5
(3) a copy of each written opinion that the Office issues; and 6
(4) an abstract of each title that the Office examines or has examined. 7
(d) The Attorney General annually shall [have published, in bound volume] 8
PUBLISH ON THE WEBSI TE OF THE ATTORNEY GENERAL: 9
(1) the opinions that the Office issued during the preceding calendar year; 10
and 11
(2) the annual report for that preceding calendar year. 12
(e) (1) The papers of the Office shall be filed in its offices until disposed of in 13
accordance with § 10–616 of this article. 14
(2) The papers and books of the Office shall be indexed so that they are 15
readily accessible. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2024. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.