MD
Maryland Senate Bill SB669

Maryland 2024 Regular Session

Maryland Senate Bill SB669 Compare Versions

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1- WES MOORE, Governor Ch. 440
21
3-– 1 –
4-Chapter 440
5-(Senate Bill 669)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0669*
810
9-State Government – Attorney General – Reports Publication of Documents
10-Reports
11+SENATE BILL 669
12+P1 (4lr2958)
13+ENROLLED BILL
14+— Judicial Proceedings/Health and Government Operations —
15+Introduced by Senator Charles
1116
12-FOR the purpose of altering certain reporting requirements for the Attorney General;
13-altering certain reporting requirements for the Attorney General; requiring the
14-Attorney General to publish certain documents on the Attorney General’s website;
15-and generally relating to reports by reports by the Attorney General.
17+Read and Examined by Proofreaders:
1618
17-BY repealing and reenacting, with amendments,
18- Article – State Government
19-Section 6–106.1 and 6–108(d) 6–106.1 and 6–108
20- Annotated Code of Maryland
21- (2021 Replacement Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2223
23- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
24-That the Laws of Maryland read as follows:
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2525
26-Article – State Government
26+_______ day of _______________ at __ ______________________ o’clock, ________M.
2727
28-6–106.1.
28+______________________________________________
29+President.
2930
30- (a) The General Assembly finds that:
31+CHAPTER ______
3132
32- (1) the federal government’s action or failure to take action may pose a
33-threat to the health and welfare of the residents of the State; and
33+AN ACT concerning 1
3434
35- (2) the State should investigate and obtain relief from any arbitrary,
36-unlawful, or unconstitutional federal action or inaction and prevent such action or inaction
37-from harming the residents of the State.
35+State Government – Attorney General – Reports Publication of Documents 2
36+Reports 3
3837
39- (b) (1) In addition to any other powers and duties and subject to the
40-requirements of this subsection, the Attorney General may investigate, commence, and
41-prosecute or defend any civil or criminal suit or action that is based on the federal
42-government’s action or inaction that threatens the public interest and welfare of the
43-residents of the State with respect to:
38+FOR the purpose of altering certain reporting requirements for the Attorney General; 4
39+altering certain reporting requirements for the Attorney General; requiring the 5
40+Attorney General to publish certain documents on the Attorney General’s website; 6
41+and generally relating to reports by reports by the Attorney General. 7
4442
45- (i) protecting the health of the residents of the State and ensuring
46-the availability of affordable health care;
43+BY repealing and reenacting, with amendments, 8
44+ Article – State Government 9
45+Section 6–106.1 and 6–108(d) 6–106.1 and 6–108 10
46+ Annotated Code of Maryland 11
47+ (2021 Replacement Volume and 2023 Supplement) 12
48+ 2 SENATE BILL 669
4749
48- (ii) safeguarding public safety and security;
49- Ch. 440 2024 LAWS OF MARYLAND
5050
51-– 2 –
52- (iii) protecting civil liberties;
51+ SECTION 1. BE IT ENACTE D BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
5353
54- (iv) preserving and enhancing the economic security of workers and
55-retirees;
54+Article – State Government 3
5655
57- (v) protecting financial security of the residents of the State,
58-including their pensions, savings, and investments, and ensuring fairness in mortgages,
59-student loans, and the marketplace;
56+6–106.1. 4
6057
61- (vi) protecting the residents of the State against fraud and other
62-deceptive and predatory practices;
58+ (a) The General Assembly finds that: 5
6359
64- (vii) protecting the natural resources and environment of the State;
60+ (1) the federal government’s action or failure to take action may pose a 6
61+threat to the health and welfare of the residents of the State; and 7
6562
66- (viii) protecting the residents of the State against illegal and
67-unconstitutional federal immigration and travel restrictions; or
63+ (2) the State should investigate and obtain relief from any arbitrary, 8
64+unlawful, or unconstitutional federal action or inaction and prevent such action or inaction 9
65+from harming the residents of the State. 10
6866
69- (ix) otherwise protecting, as parens patriae, the State’s interest in
70-the general health and well–being of its residents.
67+ (b) (1) In addition to any other powers and duties and subject to the 11
68+requirements of this subsection, the Attorney General may investigate, commence, and 12
69+prosecute or defend any civil or criminal suit or action that is based on the federal 13
70+government’s action or inaction that threatens the public interest and welfare of the 14
71+residents of the State with respect to: 15
7172
72- (2) Except as provided in paragraph (4) of this subsection, before
73-commencing a suit or an action under paragraph (1) of this subsection, the Attorney
74-General shall provide to the Governor:
73+ (i) protecting the health of the residents of the State and ensuring 16
74+the availability of affordable health care; 17
7575
76- (i) written notice of the intended suit or action; and
76+ (ii) safeguarding public safety and security; 18
7777
78- (ii) an opportunity to review and comment on the intended suit or
79-action.
78+ (iii) protecting civil liberties; 19
8079
81- (3) If the Governor objects to the intended suit or action for which notice
82-was provided under this subsection:
80+ (iv) preserving and enhancing the economic security of workers and 20
81+retirees; 21
8382
84- (i) the Governor shall provide in writing to the Attorney General the
85-reasons for the objection within 10 days after receiving the notice; and
83+ (v) protecting financial security of the residents of the State, 22
84+including their pensions, savings, and investments, and ensuring fairness in mortgages, 23
85+student loans, and the marketplace; 24
8686
87- (ii) except as provided in paragraph (4) of this subsection, the
88-Attorney General shall consider the Governor’s objection before commencing the suit or
89-action.
87+ (vi) protecting the residents of the State against fraud and other 25
88+deceptive and predatory practices; 26
9089
91- (4) If the Attorney General determines that emergency circumstances
92-require the immediate commencement of a suit or an action under paragraph (1) of this
93-subsection, the Attorney General shall provide to the Governor notice of the suit or action
94-as soon as reasonably practicable.
95- WES MOORE, Governor Ch. 440
90+ (vii) protecting the natural resources and environment of the State; 27
9691
97-– 3 –
98- (c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year
99-thereafter, shall appropriate at least $1,000,000 to the Attorney General to be used only
100-for:
92+ (viii) protecting the residents of the State against illegal and 28
93+unconstitutional federal immigration and travel restrictions; or 29
10194
102- (1) carrying out this section; and
95+ (ix) otherwise protecting, as parens patriae, the State’s interest in 30
96+the general health and well–being of its residents. 31
97+ SENATE BILL 669 3
10398
104- (2) employing five attorneys in the Office of the Attorney General.
10599
106- [(d) On or before December 1 each year, the Attorney General shall report to the
107-Governor and, in accordance with § 2–1257 of this article, the Legislative Policy Committee
108-on any action taken under this section.]
100+ (2) Except as provided in paragraph (4) of this subsection, before 1
101+commencing a suit or an action under paragraph (1) of this subsection, the Attorney 2
102+General shall provide to the Governor: 3
109103
110-6–106.1.
104+ (i) written notice of the intended suit or action; and 4
111105
112- (a) The General Assembly finds that:
106+ (ii) an opportunity to review and comment on the intended suit or 5
107+action. 6
113108
114- (1) the federal government’s action or failure to take action may pose a
115-threat to the health and welfare of the residents of the State; and
109+ (3) If the Governor objects to the intended suit or action for which notice 7
110+was provided under this subsection: 8
116111
117- (2) the State should investigate and obtain relief from any arbitrary,
118-unlawful, or unconstitutional federal action or inaction and prevent such action or inaction
119-from harming the residents of the State.
112+ (i) the Governor shall provide in writing to the Attorney General the 9
113+reasons for the objection within 10 days after receiving the notice; and 10
120114
121- (b) (1) In addition to any other powers and duties and subject to the
122-requirements of this subsection, the Attorney General may investigate, commence, and
123-prosecute or defend any civil or criminal suit or action that is based on the federal
124-government’s action or inaction that threatens the public interest and welfare of the residents
125-of the State with respect to:
115+ (ii) except as provided in paragraph (4) of this subsection, the 11
116+Attorney General shall consider the Governor’s objection before commencing the suit or 12
117+action. 13
126118
127- (i) protecting the health of the residents of the State and ensuring the
128-availability of affordable health care;
119+ (4) If the Attorney General determines that emergency circumstances 14
120+require the immediate commencement of a suit or an action under paragraph (1) of this 15
121+subsection, the Attorney General shall provide to the Governor notice of the suit or action 16
122+as soon as reasonably practicable. 17
129123
130- (ii) safeguarding public safety and security;
124+ (c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year 18
125+thereafter, shall appropriate at least $1,000,000 to the Attorney General to be used only 19
126+for: 20
131127
132- (iii) protecting civil liberties;
128+ (1) carrying out this section; and 21
133129
134- (iv) preserving and enhancing the economic security of workers and
135-retirees;
130+ (2) employing five attorneys in the Office of the Attorney General. 22
136131
137- (v) protecting financial security of the residents of the State,
138-including their pensions, savings, and investments, and ensuring fairness in mortgages,
139-student loans, and the marketplace;
132+ [(d) On or before December 1 each year, the Attorney General shall report to the 23
133+Governor and, in accordance with § 2–1257 of this article, the Legislative Policy Committee 24
134+on any action taken under this section.] 25
140135
141- (vi) protecting the residents of the State against fraud and other
142-deceptive and predatory practices;
143- Ch. 440 2024 LAWS OF MARYLAND
136+6–106.1. 26
144137
145-– 4 –
146- (vii) protecting the natural resources and environment of the State;
138+ (a) The General Assembly finds that: 27
147139
148- (viii) protecting the residents of the State against illegal and
149-unconstitutional federal immigration and travel restrictions; or
140+ (1) the federal government’s action or failure to take action may pose a 28
141+threat to the health and welfare of the residents of the State; and 29
150142
151- (ix) otherwise protecting, as parens patriae, the State’s interest in the
152-general health and well–being of its residents.
143+ (2) the State should investigate and obtain relief from any arbitrary, 30
144+unlawful, or unconstitutional federal action or inaction and prevent such action or inaction 31
145+from harming the residents of the State. 32
146+ 4 SENATE BILL 669
153147
154- (2) Except as provided in paragraph (4) of this subsection, before
155-commencing a suit or an action under paragraph (1) of this subsection, the Attorney General
156-shall provide to the Governor:
157148
158- (i) written notice of the intended suit or action; and
149+ (b) (1) In addition to any other powers and duties and subject to the 1
150+requirements of this subsection, the Attorney General may investigate, commence, and 2
151+prosecute or defend any civil or criminal suit or action that is based on the federal 3
152+government’s action or inaction that threatens the public interest and welfare of the residents 4
153+of the State with respect to: 5
159154
160- (ii) an opportunity to review and comment on the intended suit or
161-action.
155+ (i) protecting the health of the residents of the State and ensuring the 6
156+availability of affordable health care; 7
162157
163- (3) If the Governor objects to the intended suit or action for which notice was
164-provided under this subsection:
158+ (ii) safeguarding public safety and security; 8
165159
166- (i) the Governor shall provide in writing to the Attorney General the
167-reasons for the objection within 10 days after receiving the notice; and
160+ (iii) protecting civil liberties; 9
168161
169- (ii) except as provided in paragraph (4) of this subsection, the
170-Attorney General shall consider the Governor’s objection before commencing the suit or
171-action.
162+ (iv) preserving and enhancing the economic security of workers and 10
163+retirees; 11
172164
173- (4) If the Attorney General determines that emergency circumstances
174-require the immediate commencement of a suit or an action under paragraph (1) of this
175-subsection, the Attorney General shall provide to the Governor notice of the suit or action as
176-soon as reasonably practicable.
165+ (v) protecting financial security of the residents of the State, 12
166+including their pensions, savings, and investments, and ensuring fairness in mortgages, 13
167+student loans, and the marketplace; 14
177168
178- (c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year
179-thereafter, shall appropriate at least $1,000,000 to the Attorney General to be used only for:
169+ (vi) protecting the residents of the State against fraud and other 15
170+deceptive and predatory practices; 16
180171
181- (1) carrying out this section; and
172+ (vii) protecting the natural resources and environment of the State; 17
182173
183- (2) employing five attorneys in the Office of the Attorney General.
174+ (viii) protecting the residents of the State against illegal and 18
175+unconstitutional federal immigration and travel restrictions; or 19
184176
185- [(d) On or before December 1 each year, the Attorney General shall report to the
186-Governor and, in accordance with § 2–1257 of this article, the Legislative Policy Committee
187-on any action taken under this section.]
177+ (ix) otherwise protecting, as parens patriae, the State’s interest in the 20
178+general health and well–being of its residents. 21
188179
189-6–108.
190- WES MOORE, Governor Ch. 440
180+ (2) Except as provided in paragraph (4) of this subsection, before 22
181+commencing a suit or an action under paragraph (1) of this subsection, the Attorney General 23
182+shall provide to the Governor: 24
191183
192-– 5 –
193- (a) The Attorney General or any Deputy Attorney General or assistant Attorney
194-General whom the Attorney General designates may:
184+ (i) written notice of the intended suit or action; and 25
195185
196- (1) become a member of an organization of attorneys general of other states
197-or their deputies or assistants and, as provided in the State budget, contribute to the expenses
198-of the organization; and
186+ (ii) an opportunity to review and comment on the intended suit or 26
187+action. 27
199188
200- (2) use the services of the Council of State Governments and, as provided in
201-the State budget, contribute to the cost of the services.
189+ (3) If the Governor objects to the intended suit or action for which notice was 28
190+provided under this subsection: 29
202191
203- (b) (1) On January 1 of each year, the Attorney General shall submit an annual
204-report to the Governor AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE
205-GENERAL ASSEMBLY.
192+ (i) the Governor shall provide in writing to the Attorney General the 30
193+reasons for the objection within 10 days after receiving the notice; and 31
194+ SENATE BILL 669 5
206195
207- (2) The annual report shall:
208196
209- (i) describe the business and proceedings of the Office during the
210-preceding calendar year; AND
197+ (ii) except as provided in paragraph (4) of this subsection, the 1
198+Attorney General shall consider the Governor’s objection before commencing the suit or 2
199+action. 3
211200
212- (ii) [include an itemized statement of the receipts and disbursements
213-of the Attorney General during the preceding fiscal year; and
201+ (4) If the Attorney General determines that emergency circumstances 4
202+require the immediate commencement of a suit or an action under paragraph (1) of this 5
203+subsection, the Attorney General shall provide to the Governor notice of the suit or action as 6
204+soon as reasonably practicable. 7
214205
215- (iii)] include any recommendations that the Attorney General
216-considers appropriate.
206+ (c) The Governor’s proposed budget for fiscal year 2019, and for each fiscal year 8
207+thereafter, shall appropriate at least $1,000,000 to the Attorney General to be used only for: 9
217208
218- (c) The Attorney General shall keep the following records until they are disposed
219-of in accordance with § 10–616 of this article:
209+ (1) carrying out this section; and 10
220210
221- (1) a copy of the pleadings in each suit, action, or other proceeding of which
222-the Office has charge;
211+ (2) employing five attorneys in the Office of the Attorney General. 11
223212
224- (2) a complete and current docket of those proceedings;
213+ [(d) On or before December 1 each year, the Attorney General shall report to the 12
214+Governor and, in accordance with § 2–1257 of this article, the Legislative Policy Committee 13
215+on any action taken under this section.] 14
225216
226- (3) a copy of each written opinion that the Office issues; and
217+6–108. 15
227218
228- (4) an abstract of each title that the Office examines or has examined.
219+ (a) The Attorney General or any Deputy Attorney General or assistant Attorney 16
220+General whom the Attorney General designates may: 17
229221
230- (d) The Attorney General annually shall [have published, in bound volume]
231-PUBLISH ON THE WEBSI TE OF THE ATTORNEY GENERAL:
222+ (1) become a member of an organization of attorneys general of other states 18
223+or their deputies or assistants and, as provided in the State budget, contribute to the expenses 19
224+of the organization; and 20
232225
233- (1) the opinions that the Office issued during the preceding calendar year;
234-and
226+ (2) use the services of the Council of State Governments and, as provided in 21
227+the State budget, contribute to the cost of the services. 22
235228
236- (2) the annual report for that preceding calendar year.
237- Ch. 440 2024 LAWS OF MARYLAND
229+ (b) (1) On January 1 of each year, the Attorney General shall submit an annual 23
230+report to the Governor AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , THE 24
231+GENERAL ASSEMBLY. 25
238232
239-– 6 –
240- (e) (1) The papers of the Office shall be filed in its offices until disposed of in
241-accordance with § 10–616 of this article.
233+ (2) The annual report shall: 26
242234
243- (2) The papers and books of the Office shall be indexed so that they are
244-readily accessible.
235+ (i) describe the business and proceedings of the Office during the 27
236+preceding calendar year; AND 28
245237
246- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
247-October 1, 2024.
238+ (ii) [include an itemized statement of the receipts and disbursements 29
239+of the Attorney General during the preceding fiscal year; and 30
248240
249-Approved by the Governor, May 9, 2024.
241+ (iii)] include any recommendations that the Attorney General 31
242+considers appropriate. 32 6 SENATE BILL 669
243+
244+
245+
246+ (c) The Attorney General shall keep the following records until they are disposed 1
247+of in accordance with § 10–616 of this article: 2
248+
249+ (1) a copy of the pleadings in each suit, action, or other proceeding of which 3
250+the Office has charge; 4
251+
252+ (2) a complete and current docket of those proceedings; 5
253+
254+ (3) a copy of each written opinion that the Office issues; and 6
255+
256+ (4) an abstract of each title that the Office examines or has examined. 7
257+
258+ (d) The Attorney General annually shall [have published, in bound volume] 8
259+PUBLISH ON THE WEBSI TE OF THE ATTORNEY GENERAL: 9
260+
261+ (1) the opinions that the Office issued during the preceding calendar year; 10
262+and 11
263+
264+ (2) the annual report for that preceding calendar year. 12
265+
266+ (e) (1) The papers of the Office shall be filed in its offices until disposed of in 13
267+accordance with § 10–616 of this article. 14
268+
269+ (2) The papers and books of the Office shall be indexed so that they are 15
270+readily accessible. 16
271+
272+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
273+October 1, 2024. 18
274+
275+
276+
277+Approved:
278+________________________________________________________________________________
279+ Governor.
280+________________________________________________________________________________
281+ President of the Senate.
282+________________________________________________________________________________
283+ Speaker of the House of Delegates.