WES MOORE, Governor Ch. 440
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Chapter 440
(Senate Bill 669)
AN ACT concerning
State Government – Attorney General – Reports Publication of Documents
Reports
FOR the purpose of altering certain reporting requirements for the Attorney General;
altering certain reporting requirements for the Attorney General; requiring the
Attorney General to publish certain documents on the Attorney General’s website;
and generally relating to reports by reports by the Attorney General.
BY repealing and reenacting, with amendments,
Article – State Government
Section 6–106.1 and 6–108(d) 6–106.1 and 6–108
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Government
6–106.1.
(a) The General Assembly finds that:
(1) the federal government’s action or failure to take action may pose a
threat to the health and welfare of the residents of the State; and
(2) the State should investigate and obtain relief from any arbitrary,
unlawful, or unconstitutional federal action or inaction and prevent such action or inaction
from harming the residents of the State.
(b) (1) In addition to any other powers and duties and subject to the
requirements of this subsection, the Attorney General may investigate, commence, and
prosecute or defend any civil or criminal suit or action that is based on the federal
government’s action or inaction that threatens the public interest and welfare of the
residents of the State with respect to:
(i) protecting the health of the residents of the State and ensuring
the availability of affordable health care;
(ii) safeguarding public safety and security;
Ch. 440 2024 LAWS OF MARYLAND
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(iii) protecting civil liberties;
(iv) preserving and enhancing the economic security of workers and
retirees;
(v) protecting financial security of the residents of the State,
including their pensions, savings, and investments, and ensuring fairness in mortgages,
student loans, and the marketplace;
(vi) protecting the residents of the State against fraud and other
deceptive and predatory practices;
(vii) protecting the natural resources and environment of the State;
(viii) protecting the residents of the State against illegal and
unconstitutional federal immigration and travel restrictions; or
(ix) otherwise protecting, as parens patriae, the State’s interest in
the general health and well–being of its residents.
(2) Except as provided in paragraph (4) of this subsection, before
commencing a suit or an action under paragraph (1) of this subsection, the Attorney
General shall provide to the Governor:
(i) written notice of the intended suit or action; and
(ii) an opportunity to review and comment on the intended suit or
action.
(3) If the Governor objects to the intended suit or action for which notice
was provided under this subsection:
(i) the Governor shall provide in writing to the Attorney General the
reasons for the objection within 10 days after receiving the notice; and
(ii) except as provided in paragraph (4) of this subsection, the
Attorney General shall consider the Governor’s objection before commencing the suit or
action.
(4) If the Attorney General determines that emergency circumstances
require the immediate commencement of a suit or an action under paragraph (1) of this
subsection, the Attorney General shall provide to the Governor notice of the suit or action
as soon as reasonably practicable.
WES MOORE, Governor Ch. 440
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(c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year
thereafter, shall appropriate at least $1,000,000 to the Attorney General to be used only
for:
(1) carrying out this section; and
(2) employing five attorneys in the Office of the Attorney General.
[(d) On or before December 1 each year, the Attorney General shall report to the
Governor and, in accordance with § 2–1257 of this article, the Legislative Policy Committee
on any action taken under this section.]
6–106.1.
(a) The General Assembly finds that:
(1) the federal government’s action or failure to take action may pose a
threat to the health and welfare of the residents of the State; and
(2) the State should investigate and obtain relief from any arbitrary,
unlawful, or unconstitutional federal action or inaction and prevent such action or inaction
from harming the residents of the State.
(b) (1) In addition to any other powers and duties and subject to the
requirements of this subsection, the Attorney General may investigate, commence, and
prosecute or defend any civil or criminal suit or action that is based on the federal
government’s action or inaction that threatens the public interest and welfare of the residents
of the State with respect to:
(i) protecting the health of the residents of the State and ensuring the
availability of affordable health care;
(ii) safeguarding public safety and security;
(iii) protecting civil liberties;
(iv) preserving and enhancing the economic security of workers and
retirees;
(v) protecting financial security of the residents of the State,
including their pensions, savings, and investments, and ensuring fairness in mortgages,
student loans, and the marketplace;
(vi) protecting the residents of the State against fraud and other
deceptive and predatory practices;
Ch. 440 2024 LAWS OF MARYLAND
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(vii) protecting the natural resources and environment of the State;
(viii) protecting the residents of the State against illegal and
unconstitutional federal immigration and travel restrictions; or
(ix) otherwise protecting, as parens patriae, the State’s interest in the
general health and well–being of its residents.
(2) Except as provided in paragraph (4) of this subsection, before
commencing a suit or an action under paragraph (1) of this subsection, the Attorney General
shall provide to the Governor:
(i) written notice of the intended suit or action; and
(ii) an opportunity to review and comment on the intended suit or
action.
(3) If the Governor objects to the intended suit or action for which notice was
provided under this subsection:
(i) the Governor shall provide in writing to the Attorney General the
reasons for the objection within 10 days after receiving the notice; and
(ii) except as provided in paragraph (4) of this subsection, the
Attorney General shall consider the Governor’s objection before commencing the suit or
action.
(4) If the Attorney General determines that emergency circumstances
require the immediate commencement of a suit or an action under paragraph (1) of this
subsection, the Attorney General shall provide to the Governor notice of the suit or action as
soon as reasonably practicable.
(c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year
thereafter, shall appropriate at least $1,000,000 to the Attorney General to be used only for:
(1) carrying out this section; and
(2) employing five attorneys in the Office of the Attorney General.
[(d) On or before December 1 each year, the Attorney General shall report to the
Governor and, in accordance with § 2–1257 of this article, the Legislative Policy Committee
on any action taken under this section.]
6–108.
WES MOORE, Governor Ch. 440
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(a) The Attorney General or any Deputy Attorney General or assistant Attorney
General whom the Attorney General designates may:
(1) become a member of an organization of attorneys general of other states
or their deputies or assistants and, as provided in the State budget, contribute to the expenses
of the organization; and
(2) use the services of the Council of State Governments and, as provided in
the State budget, contribute to the cost of the services.
(b) (1) On January 1 of each year, the Attorney General shall submit an annual
report to the Governor AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE
GENERAL ASSEMBLY.
(2) The annual report shall:
(i) describe the business and proceedings of the Office during the
preceding calendar year; AND
(ii) [include an itemized statement of the receipts and disbursements
of the Attorney General during the preceding fiscal year; and
(iii)] include any recommendations that the Attorney General
considers appropriate.
(c) The Attorney General shall keep the following records until they are disposed
of in accordance with § 10–616 of this article:
(1) a copy of the pleadings in each suit, action, or other proceeding of which
the Office has charge;
(2) a complete and current docket of those proceedings;
(3) a copy of each written opinion that the Office issues; and
(4) an abstract of each title that the Office examines or has examined.
(d) The Attorney General annually shall [have published, in bound volume]
PUBLISH ON THE WEBSI TE OF THE ATTORNEY GENERAL:
(1) the opinions that the Office issued during the preceding calendar year;
and
(2) the annual report for that preceding calendar year.
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(e) (1) The papers of the Office shall be filed in its offices until disposed of in
accordance with § 10–616 of this article.
(2) The papers and books of the Office shall be indexed so that they are
readily accessible.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 9, 2024.