2019 Maryland Code
State Government
Title 6 - Attorney General
Subtitle 1 - Definitions; General Provisions
§ 6-106.1. Powers regarding federal actions.

    (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;

            (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.