MD
Maryland Senate Bill SB680

Maryland 2024 Regular Session

Maryland Senate Bill SB680 Compare Versions

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1- WES MOORE, Governor Ch. 137
21
3-– 1 –
4-Chapter 137
5-(Senate Bill 680)
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+ *sb0680*
89
9-State Government – Public Welfare Actions Attorney General – Determinations
10-and Settlements
10+SENATE BILL 680
11+P1, D3 EMERGENCY BILL 4lr2692
12+ CF HB 922
13+By: The President (By Request – Office of the Attorney General)
14+Introduced and read first time: January 29, 2024
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted with floor amendments
18+Read second time: March 25, 2024
1119
12-FOR the purpose of requiring the factfinder judge or jury in a public welfare action certain
13-actions to make a certain determination and assign responsibility and liability in a
14-certain manner; authorizing the State to continue to pursue certain actions if it does
15-not obtain complete relief from certain responsible persons; establishing that certain
16-provisions of law requiring uniform contribution among joint tort–feasors do not
17-apply to public welfare claims certain actions; establishing the impact of a certain
18-settlement on the liability of certain responsible persons; and generally relating to
19-determinations and settlements by the Attorney General of public welfare actions
20-certain actions.
20+CHAPTER ______
2121
22-BY adding to
23- Article – Courts and Judicial Proceedings
24-Section 3–1401.1
25- Annotated Code of Maryland
26- (2020 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2723
28-BY adding to
29- Article – State Government
30-Section 6–106.2
31- Annotated Code of Maryland
32- (2021 Replacement Volume and 2023 Supplement)
24+State Government – Public Welfare Actions Attorney General – Determinations 2
25+and Settlements 3
3326
34- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
35-That the Laws of Maryland read as follows:
27+FOR the purpose of requiring the factfinder judge or jury in a public welfare action certain 4
28+actions to make a certain determination and assign responsibility and liability in a 5
29+certain manner; authorizing the State to continue to pursue certain actions if it does 6
30+not obtain complete relief from certain responsible persons; establishing that certain 7
31+provisions of law requiring uniform contribution among joint tort–feasors do not 8
32+apply to public welfare claims certain actions; establishing the impact of a certain 9
33+settlement on the liability of certain responsible persons; and generally relating to 10
34+determinations and settlements by the Attorney General of public welfare actions 11
35+certain actions. 12
3636
37-Article – Courts and Judicial Proceedings
37+BY adding to 13
38+ Article – Courts and Judicial Proceedings 14
39+Section 3–1401.1 15
40+ Annotated Code of Maryland 16
41+ (2020 Replacement Volume and 2023 Supplement) 17
3842
39-3–1401.1.
43+BY adding to 18
44+ Article – State Government 19
45+Section 6–106.2 20
46+ Annotated Code of Maryland 21
47+ (2021 Replacement Volume and 2023 Supplement) 22
48+ 2 SENATE BILL 680
4049
41- THIS TITLE DOES NOT A PPLY TO A PUBLIC WEL FARE CLAIM BROUGHT U NDER
42-§ 6–106.2 OF THE STATE GOVERNMENT ARTICLE.
4350
44-Article – State Government
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
4553
46-6–106.2.
47- Ch. 137 2024 LAWS OF MARYLAND
54+Article – Courts and Judicial Proceedings 3
4855
49-– 2 –
50- (A) THIS SECTION APPLIES TO A N ACTION BROUGHT OR ASSERTED BY THE
51-STATE ARISING FROM OR RELATED TO ALLEGED O R THREATENED INJURIE S TO THE
52-ENVIRONMENT , INFRASTRUCTURE , OR THE NATURAL RESOU RCES OF THE STATE
53-ASSOCIATED WITH THE ALLISION BETWEEN THE VESSEL KNOWN AS THE DALI AND
54-THE FRANCIS SCOTT KEY BRIDGE ON MARCH 26, 2024.
56+3–1401.1. 4
5557
56- (B) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
57-INDICATED.
58+ THIS TITLE DOES NOT A PPLY TO A PUBLIC WEL FARE CLAIM BROUGHT U NDER 5
59+§ 6–106.2 OF THE STATE GOVERNMENT ARTICLE. 6
5860
59- (2) “PROPORTIONATE SHARE O F LIABILITY ” MEANS THE
60-PERCENTAGE OF COMPAR ATIVE RESPONSIBILITY ASSIGNED BY THE FACTFINDER A
61-JUDGE OR JURY TO A SETTLING PARTY UNDER IN ACCORDANCE WITH THIS SECTION.
61+Article – State Government 7
6262
63- (3) “PUBLIC WELFARE ACTION ” MEANS ANY CIVIL ACTI ON IN WHICH
64-THE STATE OR THE ATTORNEY GENERAL HAS ASSERTED A PUBLIC WELFARE CLA IM.
63+6–106.2. 8
6564
66- (4) “PUBLIC WELFARE CLAIM ” MEANS ANY CLAIM , COUNTERCLAIM ,
67-CROSS CLAIM , OR OTHER DEMAND FOR RELIEF OF ANY KIND B ROUGHT OR
68-ASSERTED BY THE ATTORNEY GENERAL OR THE STATE UNDER COMMON LA W,
69-STATUTORY LAW , OR ANY OTHER BASIS :
65+ (A) THIS SECTION APPLIES TO AN ACTION BROUGHT OR ASSERTED BY THE 9
66+STATE ARISING FROM OR RELATED TO A LLEGED OR THREATENED INJURIES TO THE 10
67+ENVIRONMENT , INFRASTRUCTURE , OR THE NATURAL RESOU RCES OF THE STATE 11
68+ASSOCIATED WITH THE ALLISION BETWEEN THE VESSEL KNOWN AS THE DALI AND 12
69+THE FRANCIS SCOTT KEY BRIDGE ON MARCH 26, 2024. 13
7070
71- (I) FOR CONSUMER PROTECT ION; OR
71+ (B) (1) IN THIS SECTION THE FOL LOWING WORDS HAVE TH E MEANINGS 14
72+INDICATED. 15
7273
73- (II) ARISING FROM OR RELA TED TO ALLEGED INJURIES TO OR
74-THREATENED INJURIES TO THE HEALTH , SAFETY, ENVIRONMENT , OR WELFARE OF
75-THE RESIDENTS OF MARYLAND.
74+ (2) “PROPORTIONATE SHARE O F LIABILITY ” MEANS THE 16
75+PERCENTAGE OF COMPAR ATIVE RESPONSIBILITY ASSIGNED BY THE FACTFINDER A 17
76+JUDGE OR JURY TO A SETTLING PARTY UNDER IN ACCORDANCE WITH THIS SECTION. 18
7677
77- (5) (3) “RESPONSIBLE PERSON ” MEANS ANY A PERSON
78-ALLEGEDLY ALLEGED TO BE LIABLE IN WHOLE OR IN PART FOR ANY PUBLIC
79-WELFARE CLAIM AN ACTION GOVERNED BY THIS SEC TION.
78+ (3) “PUBLIC WELFARE ACTION ” MEANS ANY CIVIL ACTI ON IN WHICH 19
79+THE STATE OR THE ATTORNEY GENERAL HAS ASSERTED A PUBLIC WELFARE CLA IM. 20
8080
81- (B) (C) IN A PUBLIC WELFARE ACT ION AN ACTION GOVERNED B Y THIS
82-SECTION, THE FACTFINDER JUDGE OR JURY SHALL:
81+ (4) “PUBLIC WELFARE CLAIM ” MEANS ANY CLAIM , COUNTERCLAIM , 21
82+CROSS CLAIM , OR OTHER DEMAND FOR RELIEF OF ANY KIND B ROUGHT OR 22
83+ASSERTED BY THE ATTORNEY GENERAL OR THE STATE UNDER COMMON LA W, 23
84+STATUTORY LAW , OR ANY OTHER BASIS : 24
8385
84- (1) MAKE A DETERMINATION OF THE TOTAL LIABILI TY, INCLUDING
85-DAMAGES, COSTS, AND ALL ANY OTHER AVAILABLE RELI EF;
86+ (I) FOR CONSUMER PROTECT ION; OR 25
8687
87- (2) ASSIGN COMPARATIVE R ESPONSIBILITY TO ALL PARTIES EACH
88-PARTY JOINED IN THE PUBLIC WELFARE ACTION, INCLUDING ALL DEFEND ANTS,
89-THIRD–PARTY DEFENDANTS , INTERVENORS , AND ANY OTHER NAMED PARTY, BASED
90-ON THE PARTY’S RELATIVE DEGREE OF FAULT OR RESPONSIBIL ITY FOR THE TOTAL
91-LIABILITY; AND
92- WES MOORE, Governor Ch. 137
88+ (II) ARISING FROM OR RELA TED TO ALLEGED INJUR IES TO OR 26
89+THREATENED INJURIES TO THE HEALTH , SAFETY, ENVIRONMENT , OR WELFARE OF 27
90+THE RESIDENTS OF MARYLAND. 28
9391
94-– 3 –
95- (3) IF EQUITY REQUIRES , DETERMINE THE LIABIL ITY OF A GROUP OF
96-RELATED PERSONS ON A COLLECTIVE BASIS .
92+ (5) (3) “RESPONSIBLE PERSON ” MEANS ANY A PERSON 29
93+ALLEGEDLY ALLEGED TO BE LIABLE IN WHOLE OR IN PART FOR ANY PUBLIC 30
94+WELFARE CLAIM AN ACTION GOVERNED B Y THIS SECTION. 31
95+ SENATE BILL 680 3
9796
98- (C) (D) IF THE STATE HAS NOT OBTAINE D COMPLETE RELIEF FR OM A
99-RESPONSIBLE PERSON W HO HAS RESOLVED THE PERSON’S LIABILITY TO THE STATE
100-IN A SETTLEMENT FOR A PUBLIC WELFARE CLAIM OF AN ACTION GOVERNE D BY THIS
101-SECTION, THE STATE MAY:
10297
103- (1) CONTINUE TO PURSUE A N ONGOING PUBLIC WELFA RE ACTION
104-AGAINST ANY OTHER RE SPONSIBLE PERSON WHO HAS NOT RESOLVED THE
105-PERSON’S LIABILITY TO THE STATE FOR THE PUBLIC WELFA RE CLAIM THAT IS THE
106-SUBJECT OF THE PUBLI C WELFARE ACTION ; OR
98+ (B) (C) IN A PUBLIC WELFARE ACT ION AN ACTION GOVERNED BY THIS 1
99+SECTION, THE FACTFINDER JUDGE OR JURY SHALL: 2
107100
108- (2) BRING A NEW PUBLIC WELFARE ACTION AGAINST ANY O THER
109-RESPONSIBLE PERSON W HO HAS NOT RESOLVED THE PERSON’S LIABILITY TO THE
110-STATE FOR THE PUBLIC WELFA RE CLAIM THAT IS THE SUBJECT OF THE PUBLI C
111-WELFARE ACTION .
101+ (1) MAKE A DETERMINATION OF THE TOTAL LIABILI TY, INCLUDING 3
102+DAMAGES, COSTS, AND ALL ANY OTHER AVAILABLE RELI EF; 4
112103
113- (D) (E) NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW:
104+ (2) ASSIGN COMPARATIVE R ESPONSIBILITY TO ALL PARTIES EACH 5
105+PARTY JOINED IN THE PUBLIC WELFARE ACTION, INCLUDING ALL DEFEND ANTS, 6
106+THIRD–PARTY DEFENDANTS , INTERVENORS , AND ANY OTHER NAMED PARTY, BASED 7
107+ON THE PARTY’S RELATIVE DEGREE OF FAULT OR RESPONSIBIL ITY FOR THE TOTAL 8
108+LIABILITY; AND 9
114109
115- (1) THE MARYLAND UNIFORM CONTRIBUTION AMONG JOINT
116-TORT–FEASORS ACT UNDER TITLE 3, SUBTITLE 14 OF THE COURTS ARTICLE DOES
117-NOT APPLY TO PUBLIC WELFARE CLAIM S AN ACTION GOVERNED B Y THIS SECTION;
110+ (3) IF EQUITY REQUIRES , DETERMINE THE LIABILITY OF A G ROUP OF 10
111+RELATED PERSONS ON A COLLECTIVE BASIS . 11
118112
119- (2) IF A RESPONSIBLE PER SON RESOLVES THE PE RSON’S LIABILITY
120-TO THE STATE IN A SETTLEMENT OF A PUBLIC WELFARE CLA IM AN ACTION
121-GOVERNED BY THIS SEC TION, THE PERSON MAY NOT B E LIABLE FOR CLAIMS FOR
122-NONCONTRACTUAL CONTR IBUTION OR INDEMNITY REGARDING ANY MATTER
123-ACTION OR CLAIM ADDRESSED RESOLVED IN THE SETTLEMENT , INCLUDING ANY
124-STATUTORY OR COMMON LAW CLAIM; AND
113+ (C) (D) IF THE STATE HAS NOT OBTAINE D COMPLETE RELIEF FR OM A 12
114+RESPONSIBLE PERSON W HO HAS RESOLVED THE PERSON’S LIABILITY TO THE STATE 13
115+IN A SETTLEMENT FOR A PUBLIC WELFARE CLAIM OF AN ACTION GOVERNED BY THIS 14
116+SECTION, THE STATE MAY: 15
125117
126- (3) A SETTLEMENT OF A PUBLIC WELFARE CLA IM AN ACTION
127-GOVERNED BY THIS SEC TION THAT RESOLVES THE LI ABILITY OF A RESPONS IBLE
128-PERSON:
118+ (1) CONTINUE TO PURSUE A N ONGOING PUBLIC WELFA RE ACTION 16
119+AGAINST ANY OTHER RE SPONSIBLE PERSON WHO HAS NOT RESOLVED THE 17
120+PERSON’S LIABILITY TO THE STATE FOR THE PUBLIC WELFA RE CLAIM THAT IS THE 18
121+SUBJECT OF THE PUB LIC WELFARE ACTION ; OR 19
129122
130- (I) DOES NOT RELEASE FRO M LIABILITY ANY OTHE R
131-RESPONSIBLE PERSON EXCEPT AS SPE CIFICALLY PROVIDED I N THE TERMS OF THE
132-SETTLEMENT ; BUT
123+ (2) BRING A NEW PUBLIC WELFARE ACTION AGAINST ANY O THER 20
124+RESPONSIBLE PERSON W HO HAS NOT RESOLVED THE PERSON’S LIABILITY TO THE 21
125+STATE FOR THE PUBLIC WELFA RE CLAIM THAT IS THE SUBJECT OF THE PUBLI C 22
126+WELFARE ACTION . 23
133127
134- (II) REDUCES THE POTENTIA L LIABILITY OF ALL O THER
135-RESPONSIBLE PERSONS LIABLE IN WHOLE OR I N PART FOR THE PUBLIC WELFA RE
136-CLAIM THAT IS THE SU BJECT OF THE SETTLEM ENT BY THE BY THE LARGER OF:
137- Ch. 137 2024 LAWS OF MARYLAND
128+ (D) (E) NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW: 24
138129
139-– 4 –
140- 1. THE SETTLING PERSON ’S PROPORTIONATE SHAR E OF
141-LIABILITY FOR ALL SETTLED PUBL IC WELFARE CLAIMS , INCLUDING ALL STATUT ORY
142-AND COMMON LAW CLAIM S; OR
130+ (1) THE MARYLAND UNIFORM CONTRIBUTION AMONG JOINT 25
131+TORT–FEASORS ACT UNDER TITLE 3, SUBTITLE 14 OF THE COURTS ARTICLE DOES 26
132+NOT APPLY TO PUBLIC WELFARE CLAIM S AN ACTION GOVERNED B Y THIS SECTION; 27
143133
144- 2. THE AMOUNT THE SETTL ING PERSON PAYS TO S ETTLE
145-THE ACTION.
134+ (2) IF A RESPONSIBLE PERSON RESOLVES THE PERSON ’S LIABILITY 28
135+TO THE STATE IN A SETTLEMENT OF A PUBLIC WELFARE CLA IM AN ACTION 29
136+GOVERNED BY THIS SEC TION, THE PERSON MAY NOT B E LIABLE FOR CLAIMS FOR 30
137+NONCONTRACTUAL CONTR IBUTION OR INDEMNITY REGARDING ANY MATTER 31
138+ACTION OR CLAIM ADDRESSED RESOLVED IN THE SETTLEMENT , INCLUDING ANY 32
139+STATUTORY OR COMMON LAW CLAIM; AND 33
140+ 4 SENATE BILL 680
146141
147- (E) (F) THIS SECTION MAY NOT BE CONSTRUED TO:
148142
149- (1) IMPAIR ANY EXPRESS C ONTRACTUAL RIGHTS ; OR
143+ (3) A SETTLEMENT OF A PUBLIC WELFARE CLA IM AN ACTION 1
144+GOVERNED BY THIS SEC TION THAT RESOLVES THE LI ABILITY OF A RESPONS IBLE 2
145+PERSON: 3
150146
151- (2) CREATE NEW TYPES OF ACTIONS OR CLAIMS ;
147+ (I) DOES NOT RELEASE FROM LIABILITY ANY O THER 4
148+RESPONSIBLE PERSON E XCEPT AS SPECIFICALL Y PROVIDED IN THE TE RMS OF THE 5
149+SETTLEMENT ; BUT 6
152150
153- (3) ALTER THE BURDEN OF PROOF, CAUSATION STANDARD , OR
154-ELEMENTS OF AN ACTIO N OR CLAIM GOVERNED BY THIS SECTION; OR
151+ (II) REDUCES THE POTENTIA L LIABILITY OF ALL O THER 7
152+RESPONSIBLE PERSONS LIABLE IN WHOLE OR I N PART FOR THE PUBLIC WELFA RE 8
153+CLAIM THAT IS THE SUBJECT OF THE SETTL EMENT BY THE BY THE LARGER OF : 9
155154
156- (2) (4) GRANT AUTHORITY TO THE STATE OR THE ATTORNEY
157-GENERAL TO BRING ACTI ONS OR CLAIMS NOT OT HERWISE AUTHORIZED B Y LAW.
155+ 1. THE SETTLING PERSON ’S PROPORTIONATE SHAR E OF 10
156+LIABILITY FOR ALL SETTLED PUBL IC WELFARE CLAIMS , INCLUDING ALL STATUT ORY 11
157+AND COMMON LAW CLAIM S; OR 12
158158
159- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
160-apply only prospectively and may not be applied or interpreted to have any effect on or
161-application to any settlement of a public welfare an action finalized before the effective date
162-of this Act.
159+ 2. THE AMOUNT THE SETTL ING PERSON PAYS TO SETTLE 13
160+THE ACTION. 14
163161
164- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
165-1, 2024.
162+ (E) (F) THIS SECTION MAY NOT BE CONSTRUED TO : 15
166163
167- SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
168-measure, is necessary for the immediate preservation of the public health or safety, has
169-been passed by a yea and nay vote supported by three–fifths of all the members elected to
170-each of the two Houses of the General Assembly, and shall take effect from the date it is
171-enacted.
164+ (1) IMPAIR ANY EXPRESS C ONTRACTUAL RIGHTS ; OR 16
172165
173-Approved by the Governor, April 25, 2024.
166+ (2) CREATE NEW TYPES OF ACTIONS OR CLAIMS ; 17
167+
168+ (3) ALTER THE BURDEN OF PROOF, CAUSATION STANDARD , OR 18
169+ELEMENTS OF AN ACTIO N OR CLAIM GOVERNED BY THIS SEC TION; OR 19
170+
171+ (2) (4) GRANT AUTHORITY TO T HE STATE OR THE ATTORNEY 20
172+GENERAL TO BRING ACTI ONS OR CLAIMS NOT OT HERWISE AUTHORIZED B Y LAW. 21
173+
174+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 22
175+apply only prospectively and may not be applied or interpreted to have any effect on or 23
176+application to any settlement of a public welfare an action finalized before the effective date 24
177+of this Act. 25
178+
179+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
180+1, 2024. 27
181+
182+ SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 28
183+measure, is necessary for the immediate preservation of the public health or safety, has 29
184+been passed by a yea and nay vote supported by three–fifths of all the members elected to 30
185+each of the two Houses of the General Assembly, and shall take effect from the date it is 31
186+enacted. 32