WES MOORE, Governor Ch. 137
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Chapter 137
(Senate Bill 680)
AN ACT concerning
State Government – Public Welfare Actions Attorney General – Determinations
and Settlements
FOR the purpose of requiring the factfinder judge or jury in a public welfare action certain
actions to make a certain determination and assign responsibility and liability in a
certain manner; authorizing the State to continue to pursue certain actions if it does
not obtain complete relief from certain responsible persons; establishing that certain
provisions of law requiring uniform contribution among joint tort–feasors do not
apply to public welfare claims certain actions; establishing the impact of a certain
settlement on the liability of certain responsible persons; and generally relating to
determinations and settlements by the Attorney General of public welfare actions
certain actions.
BY adding to
Article – Courts and Judicial Proceedings
Section 3–1401.1
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY adding to
Article – State Government
Section 6–106.2
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 – Courts and Judicial Proceedings
3–1401.1.
THIS TITLE DOES NOT A PPLY TO A PUBLIC WEL FARE CLAIM BROUGHT U NDER
§ 6–106.2 OF THE STATE GOVERNMENT ARTICLE.
Article – State Government
6–106.2.
Ch. 137 2024 LAWS OF MARYLAND
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(A) THIS SECTION APPLIES TO A N ACTION BROUGHT OR ASSERTED BY THE
STATE ARISING FROM OR RELATED TO ALLEGED O R THREATENED INJURIE S TO THE
ENVIRONMENT , INFRASTRUCTURE , OR THE NATURAL RESOU RCES OF THE STATE
ASSOCIATED WITH THE ALLISION BETWEEN THE VESSEL KNOWN AS THE DALI AND
THE FRANCIS SCOTT KEY BRIDGE ON MARCH 26, 2024.
(B) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “PROPORTIONATE SHARE O F LIABILITY ” MEANS THE
PERCENTAGE OF COMPAR ATIVE RESPONSIBILITY ASSIGNED BY THE FACTFINDER A
JUDGE OR JURY TO A SETTLING PARTY UNDER IN ACCORDANCE WITH THIS SECTION.
(3) “PUBLIC WELFARE ACTION ” MEANS ANY CIVIL ACTI ON IN WHICH
THE STATE OR THE ATTORNEY GENERAL HAS ASSERTED A PUBLIC WELFARE CLA IM.
(4) “PUBLIC WELFARE CLAIM ” MEANS ANY CLAIM , COUNTERCLAIM ,
CROSS CLAIM , OR OTHER DEMAND FOR RELIEF OF ANY KIND B ROUGHT OR
ASSERTED BY THE ATTORNEY GENERAL OR THE STATE UNDER COMMON LA W,
STATUTORY LAW , OR ANY OTHER BASIS :
(I) FOR CONSUMER PROTECT ION; OR
(II) ARISING FROM OR RELA TED TO ALLEGED INJURIES TO OR
THREATENED INJURIES TO THE HEALTH , SAFETY, ENVIRONMENT , OR WELFARE OF
THE RESIDENTS OF MARYLAND.
(5) (3) “RESPONSIBLE PERSON ” MEANS ANY A PERSON
ALLEGEDLY ALLEGED TO BE LIABLE IN WHOLE OR IN PART FOR ANY PUBLIC
WELFARE CLAIM AN ACTION GOVERNED BY THIS SEC TION.
(B) (C) IN A PUBLIC WELFARE ACT ION AN ACTION GOVERNED B Y THIS
SECTION, THE FACTFINDER JUDGE OR JURY SHALL:
(1) MAKE A DETERMINATION OF THE TOTAL LIABILI TY, INCLUDING
DAMAGES, COSTS, AND ALL ANY OTHER AVAILABLE RELI EF;
(2) ASSIGN COMPARATIVE R ESPONSIBILITY TO ALL PARTIES EACH
PARTY JOINED IN THE PUBLIC WELFARE ACTION, INCLUDING ALL DEFEND ANTS,
THIRD–PARTY DEFENDANTS , INTERVENORS , AND ANY OTHER NAMED PARTY, BASED
ON THE PARTY’S RELATIVE DEGREE OF FAULT OR RESPONSIBIL ITY FOR THE TOTAL
LIABILITY; AND
WES MOORE, Governor Ch. 137
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(3) IF EQUITY REQUIRES , DETERMINE THE LIABIL ITY OF A GROUP OF
RELATED PERSONS ON A COLLECTIVE BASIS .
(C) (D) IF THE STATE HAS NOT OBTAINE D COMPLETE RELIEF FR OM A
RESPONSIBLE PERSON W HO HAS RESOLVED THE PERSON’S LIABILITY TO THE STATE
IN A SETTLEMENT FOR A PUBLIC WELFARE CLAIM OF AN ACTION GOVERNE D BY THIS
SECTION, THE STATE MAY:
(1) CONTINUE TO PURSUE A N ONGOING PUBLIC WELFA RE ACTION
AGAINST ANY OTHER RE SPONSIBLE PERSON WHO HAS NOT RESOLVED THE
PERSON’S LIABILITY TO THE STATE FOR THE PUBLIC WELFA RE CLAIM THAT IS THE
SUBJECT OF THE PUBLI C WELFARE ACTION ; OR
(2) BRING A NEW PUBLIC WELFARE ACTION AGAINST ANY O THER
RESPONSIBLE PERSON W HO HAS NOT RESOLVED THE PERSON’S LIABILITY TO THE
STATE FOR THE PUBLIC WELFA RE CLAIM THAT IS THE SUBJECT OF THE PUBLI C
WELFARE ACTION .
(D) (E) NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW:
(1) THE MARYLAND UNIFORM CONTRIBUTION AMONG JOINT
TORT–FEASORS ACT UNDER TITLE 3, SUBTITLE 14 OF THE COURTS ARTICLE DOES
NOT APPLY TO PUBLIC WELFARE CLAIM S AN ACTION GOVERNED B Y THIS SECTION;
(2) IF A RESPONSIBLE PER SON RESOLVES THE PE RSON’S LIABILITY
TO THE STATE IN A SETTLEMENT OF A PUBLIC WELFARE CLA IM AN ACTION
GOVERNED BY THIS SEC TION, THE PERSON MAY NOT B E LIABLE FOR CLAIMS FOR
NONCONTRACTUAL CONTR IBUTION OR INDEMNITY REGARDING ANY MATTER
ACTION OR CLAIM ADDRESSED RESOLVED IN THE SETTLEMENT , INCLUDING ANY
STATUTORY OR COMMON LAW CLAIM; AND
(3) A SETTLEMENT OF A PUBLIC WELFARE CLA IM AN ACTION
GOVERNED BY THIS SEC TION THAT RESOLVES THE LI ABILITY OF A RESPONS IBLE
PERSON:
(I) DOES NOT RELEASE FRO M LIABILITY ANY OTHE R
RESPONSIBLE PERSON EXCEPT AS SPE CIFICALLY PROVIDED I N THE TERMS OF THE
SETTLEMENT ; BUT
(II) REDUCES THE POTENTIA L LIABILITY OF ALL O THER
RESPONSIBLE PERSONS LIABLE IN WHOLE OR I N PART FOR THE PUBLIC WELFA RE
CLAIM THAT IS THE SU BJECT OF THE SETTLEM ENT BY THE BY THE LARGER OF:
Ch. 137 2024 LAWS OF MARYLAND
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1. THE SETTLING PERSON ’S PROPORTIONATE SHAR E OF
LIABILITY FOR ALL SETTLED PUBL IC WELFARE CLAIMS , INCLUDING ALL STATUT ORY
AND COMMON LAW CLAIM S; OR
2. THE AMOUNT THE SETTL ING PERSON PAYS TO S ETTLE
THE ACTION.
(E) (F) THIS SECTION MAY NOT BE CONSTRUED TO:
(1) IMPAIR ANY EXPRESS C ONTRACTUAL RIGHTS ; OR
(2) CREATE NEW TYPES OF ACTIONS OR CLAIMS ;
(3) ALTER THE BURDEN OF PROOF, CAUSATION STANDARD , OR
ELEMENTS OF AN ACTIO N OR CLAIM GOVERNED BY THIS SECTION; OR
(2) (4) GRANT AUTHORITY TO THE STATE OR THE ATTORNEY
GENERAL TO BRING ACTI ONS OR CLAIMS NOT OT HERWISE AUTHORIZED B Y LAW.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any settlement of a public welfare an action finalized before the effective date
of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.
Approved by the Governor, April 25, 2024.