Maryland 2024 Regular Session

Maryland Senate Bill SB926 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0926
6	6
7	7	SENATE BILL 926
8	8	P3 4lr3291
9	9	CF 4lr3356
10	10	By: Senators Mautz and Hershey
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Government – Permits, Licenses, and Certificates – Reimbursement 2
19	19
20	20	FOR the purpose of requiring the Attorney General to give notice to certain State entities 3
21	21	and the public when a court orders that the State may not require a person to possess 4
22	22	a specified permit, license, or certificate; requiring certain State entities to reimburse 5
23	23	certain costs related to certain permits, licenses, and certificates; and generally 6
24	24	relating to reimbursement for permits, licenses, and certificates. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – State Government 9
28	28	Section 6–106 10
29	29	Annotated Code of Maryland 11
30	30	(2021 Replacement Volume and 2023 Supplement) 12
31	31
32	32	BY adding to 13
33	33	Article – State Government 14
34	34	Section 8–506 15
35	35	Annotated Code of Maryland 16
36	36	(2021 Replacement Volume and 2023 Supplement) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – State Government 20
42	42
43	43	6–106. 21
44	44
45	45	(a) Except as otherwise provided in this section, the Attorney General has general 22
46	46	charge of the legal business of the State. 23
47	47	2 SENATE BILL 926
48	48
49	49
50	50	(b) Unless a law expressly provides for a general counsel as the legal adviser and 1
51	51	representative of the officer or unit, the Attorney General is the legal adviser of and shall 2
52	52	represent and otherwise perform all of the legal work for each officer and unit of the State 3
53	53	government. 4
54	54
55	55	(c) Notwithstanding any other section of law, an officer or unit of the State 5
56	56	government may not employ or be represented by a legal adviser or counsel other than the 6
57	57	Attorney General or a designee of the Attorney General, except that: 7
58	58
59	59	(1) (i) an officer or unit of the State government may employ or be 8
60	60	represented by a legal adviser or counsel other than the Attorney General or the Attorney 9
61	61	General’s designee with prior approval of the Attorney General; and 10
62	62
63	63	(ii) the approval may be provided under § 6–105(b) or (c) of this 11
64	64	subtitle, § 13–107 of the State Finance and Procurement Article, or other authority 12
65	65	specified by the Attorney General; 13
66	66
67	67	(2) a State institution may employ counsel to represent the institution in a 14
68	68	habeas corpus proceeding; 15
69	69
70	70	(3) a unit of the State government may employ counsel if: 16
71	71
72	72	(i) an investigation by an investigating committee of the General 17
73	73	Assembly affects the unit; 18
74	74
75	75	(ii) the Attorney General represents both the investigating 19
76	76	committee and the unit; 20
77	77
78	78	(iii) the Attorney General gives the Board of Public Works and the 21
79	79	unit written notice that representation by the Attorney General involves or reasonably may 22
80	80	involve a conflict of interest; and 23
81	81
82	82	(iv) the Board of Public Works approves the employment of counsel 24
83	83	by the unit; 25
84	84
85	85	(4) the Office of the Public Defender may employ or be represented by a 26
86	86	legal adviser or counsel other than the Attorney General or the Attorney General’s 27
87	87	designee; and 28
88	88
89	89	(5) unless otherwise agreed to by the Attorney General and the County 29
90	90	Attorney for Montgomery County, the County Attorney for Montgomery County may 30
91	91	represent the Montgomery County Department of Health and Human Services in a 31
92	92	contested case under Title 10, Subtitle 2 of this article. 32
93	93
94	94	(D) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 33
95	95	MEANINGS INDICATED . 34
96	96	SENATE BILL 926 3
97	97
98	98
99	99	(II) “DEPARTMENT ” MEANS A PRINCIPAL DE PARTMENT 1
100	100	ESTABLISHE D UNDER § 8–201 OF THIS ARTICLE. 2
101	101
102	102	(III) “INDEPENDENT UNIT ” MEANS A UNIT IN THE EXECUTIVE 3
103	103	BRANCH OF STATE GOVERNMENT THAT IS NO T A DEPARTMENT . 4
104	104
105	105	(IV) “UNCONSTITUTIONAL LICENSE REQUIREMENT ” MEANS 5
106	106	THAT A COURT OF COMP ETENT JURISDICTION H AS ISSUED A FINAL OR DER NOT 6
107	107	SUBJECT TO APPEAL OR OTHER JUDICIAL REVIE W THAT THE STATE MAY NOT 7
108	108	REQUIRE A PERSON TO POSSESS A SPECIFIED PERMIT, LICENSE, OR CERTIFICATE . 8
109	109
110	110	(2) WITHIN 5 DAYS AFTER A COURT ISSUES A FIN AL ORDER ON AN 9
111	111	UNCONSTITUTIONAL LIC ENSE REQUIREMENT , THE ATTORNEY GENERAL SHALL: 10
112	112
113	113	(I) NOTIFY THE DEPARTMEN T OR INDEPENDENT UNIT THAT IS 11
114	114	RESPONSIBLE FOR ISSU ING THE PERMIT , LICENSE, OR CERTIFICATE IN WRITING 12
115	115	THAT THE FINAL ORDER HAS BEEN ISSUED ; AND 13
116	116
117	117	(II) POST A NOTICE ON THE ATTORNEY GENERAL’S WEBSITE. 14
118	118
119	119	(3) IF THE ATTORNEY GENERAL DOES NOT PROVIDE THE NOTICE 15
120	120	REQUIRED UNDER PARAG RAPH (2) OF THIS SUBSECTION , A PERSON WHO WOULD BE 16
121	121	ENTITLED TO REQUEST A REIMBURSEMENT UNDE R § 8–506 OF THIS ARTICLE MAY 17
122	122	FILE A COMPLAINT AGAINST THE ATTORNEY GENERAL IN CIRCUIT COURT . 18
123	123
124	124	8–506. 19
125	125
126	126	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
127	127	INDICATED. 21
128	128
129	129	(2) “DEPARTMENT ” HAS THE MEANING STAT ED IN § 6–106(D) OF THIS 22
130	130	ARTICLE. 23
131	131
132	132	(3) “INDEPENDENT UNIT ” HAS THE MEANING STAT ED IN § 6–106(D) 24
133	133	OF THIS ARTICLE. 25
134	134
135	135	(B) A DEPARTMENT OR AN INDEPENDENT UNIT THA T HAS RECEIVED A 26
136	136	NOTICE FROM THE ATTORNEY GENERAL UNDER § 6–106(D) OF THIS ARTICLE 27
137	137	SHALL, ON REQUEST , REIMBURSE A PERSON T O WHOM THE DEPARTMEN T OR 28
138	138	INDEPENDENT UNIT HAS ISSUED THE PERMIT, LICENSE, OR CERTIFICATE THAT IS 29
139	139	THE SUBJECT OF THE NOTICE ANY MONEY PAID BY THE PERSON FOR : 30
140	140
141	141	(1) ISSUANCE OF THE PERM IT, LICENSE, OR CERTIFICATE ; AND 31 4 SENATE BILL 926
142	142
143	143
144	144
145	145	(2) RENEWAL OF THE PERMIT, LICENSE, OR CERTIFICATE . 1
146	146
147	147	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
148	148	October 1, 2024. 3