State Government (GSG) — Title 6. Attorney General
Statutes in effect as of October 1, 2026.
Subtitle 1. Definitions; General Provisions
Md. Code Ann., State Gov't § 6-101 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–101LinkCopy Citation
In this title, “Office” means the Office of the Attorney General.
Md. Code Ann., State Gov't § 6-102 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–102LinkCopy Citation
Except as otherwise provided by law, this title does not apply to:
(1)
the Public Service Commission;
(2)
a board of supervisors of elections of a county;
(3)
the Baltimore City Board of School Commissioners or a county board of education; or
(4)
any other county officer or unit.
Md. Code Ann., State Gov't § 6-103 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–103LinkCopy Citation
(a)
There is an Attorney General of the State, as provided in Article V, § 1 of the Maryland Constitution.
(b)
The Attorney General’s annual salary shall be:
(1)
$175,000 for the first year of the term beginning January 2027;
(2)
$180,000 starting on the first anniversary of the beginning of the term;
(3)
$180,000 starting on the second anniversary of the beginning of the term; and
(4)
$185,000 starting on the third anniversary of the beginning of the term and thereafter.
(c)
The Attorney General is also entitled to reimbursement for travel and other expenses that are connected with the duties of the Office.
Md. Code Ann., State Gov't § 6-104 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–104LinkCopy Citation
(a)
There is an Office of the Attorney General.
(b)
The Attorney General may have offices, which the State shall maintain and equip.
Md. Code Ann., State Gov't § 6-105 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–105LinkCopy Citation
(a)
(1)
The Attorney General may employ a staff in accordance with the State budget.
(2)
Attorneys, positions that provide direct support to the Attorney General, and positions that provide direct support to the positions specified in paragraph (3) of this subsection, appointed under this subsection:
(i)
notwithstanding any other law, and except as provided in paragraph (3) of this subsection, are deemed special appointments within the meaning of § 6–405(a) of the State Personnel and Pensions Article;
(ii)
may not be determined to be special appointments under § 6–405(b) of the State Personnel and Pensions Article; and
(iii)
serve at the pleasure of the Attorney General.
(3)
The following positions are special appointments under § 6–405(b) of the State Personnel and Pensions Article:
(i)
Deputy Attorney General;
(ii)
special assistant to the Attorney General;
(iii)
executive counsel to the Attorney General;
(iv)
director or chief of a division or unit in the Office; and
(v)
principal counsel to a State unit.
(4)
(i)
Staff appointed under this subsection is entitled to compensation as provided in the State budget.
(ii)
Unless the State budget provides otherwise, the salary of a Deputy Attorney General, assistant Attorney General, or special attorney appointed under this subsection is payable from the funds of the Office.
(5)
Staff is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(b)
(1)
In addition to any other staff appointed under this section, the Attorney General, with the written approval of the Governor, may employ any assistant counsel that the Attorney General considers necessary to carry out any duty of the Office in an extraordinary or unforeseen case or in special county work.
(2)
The Attorney General shall submit to the Governor a written request that:
(i)
states the necessity of and each reason for the special employment; and
(ii)
states the proposed compensation and its source or certifies that the Attorney General cannot ascertain in advance the proper compensation.
(3)
Compensation that cannot be ascertained in advance may be agreed on or adjusted later.
(c)
(1)
In addition to any other staff appointed under this section, the Attorney General may employ special counsel to defend a State officer or State employee under Title 12, Subtitle 3 of this article if the Attorney General determines that representation by the Attorney General or an assistant is impracticable or uneconomical.
(2)
The special counsel is entitled to compensation, as set by the Attorney General and approved by the Board of Public Works, under Title 12, Subtitle 5 of this article.
(d)
Each Deputy Attorney General, assistant Attorney General, or special attorney appointed under subsection (a) of this section shall be a practicing lawyer of the State in good standing.
(e)
(1)
The Attorney General may assign any duty that the law imposes on the Attorney General to a Deputy Attorney General, assistant Attorney General, or special attorney appointed under subsection (a) of this section or, to the extent permitted by law, a law clerk.
(2)
The Deputy Attorney General, assistant Attorney General, special attorney, or law clerk shall perform the assigned duty, subject to the control of the Attorney General.
(f)
In addition to any other staff appointed under this section, the Attorney General may employ any assistant counsel that the Attorney General considers necessary to carry out any duty of the Office if the employment of the assistant counsel:
(1)
is on a pro bono basis;
(2)
will not result in more than minimal cost to the State; and
(3)
will not result in the payment to the assistant counsel of any portion of the State’s recovery in any case or matter.
(g)
(1)
The Attorney General, in consultation with the Secretary of Budget and Management, may set the pay scale of a position in the Office of the Attorney General that:
(i)
is unique to the Office of the Attorney General; and
(ii)
requires specific skills or experience to perform the duties of the position.
(2)
The Secretary of Budget and Management, in consultation with the Attorney General, shall determine the positions for which the Attorney General may set compensation under paragraph (1) of this subsection.
Md. Code Ann., State Gov't § 6-106 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–106LinkCopy Citation
(a)
Except as otherwise provided in this section, the Attorney General has general charge of the legal business of the State.
(b)
Unless a law expressly provides for a general counsel as the legal adviser and representative of the officer or unit, the Attorney General is the legal adviser of and shall represent and otherwise perform all of the legal work for each officer and unit of the State government.
(c)
Notwithstanding any other section of law, an officer or unit of the State government may not employ or be represented by a legal adviser or counsel other than the Attorney General or a designee of the Attorney General, except that:
(1)
(i)
an officer or unit of the State government may employ or be represented by a legal adviser or counsel other than the Attorney General or the Attorney General’s designee with prior approval of the Attorney General; and
(ii)
the approval may be provided under § 6–105(b) or (c) of this subtitle, § 13–107 of the State Finance and Procurement Article, or other authority specified by the Attorney General;
(2)
a State institution may employ counsel to represent the institution in a habeas corpus proceeding;
(3)
a unit of the State government may employ counsel if:
(i)
an investigation by an investigating committee of the General Assembly affects the unit;
(ii)
the Attorney General represents both the investigating committee and the unit;
(iii)
the Attorney General gives the Board of Public Works and the unit written notice that representation by the Attorney General involves or reasonably may involve a conflict of interest; and
(iv)
the Board of Public Works approves the employment of counsel by the unit;
(4)
the Office of the Public Defender may employ or be represented by a legal adviser or counsel other than the Attorney General or the Attorney General’s designee; and
(5)
unless otherwise agreed to by the Attorney General and the County Attorney for Montgomery County, the County Attorney for Montgomery County may represent the Montgomery County Department of Health and Human Services in a contested case under Title 10, Subtitle 2 of this article.
Md. Code Ann., State Gov't § 6-106.1 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–106.1LinkCopy Citation
(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;
(ix)
protecting residents of the State who are employees of the federal government who are not being paid because of a full or partial federal government shutdown due to a lapse in appropriations;
(x)
protecting residents of the State who were employees of the federal government, and on or after January 1, 2025:
(1)
were terminated from employment by the federal government due to the closure, relocation, or mass layoff of a unit of the federal government, or other similar circumstances beyond the employees’ control; or
(2)
separated from employment by the federal government as a result of a voluntary separation incentive payment;
(xi)
protecting residents of the State who are inappropriately denied federal benefits that they have earned, including Social Security benefits, Medicare, and Veterans Affairs benefits;
(xii)
protecting residents of the State who are inappropriately denied federal entitlements, including Medicaid; or
(xiii)
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 $2,500,000 to the Attorney General to be used only for:
(1)
carrying out this section; and
(2)
employing attorneys in the Office of the Attorney General.
Md. Code Ann., State Gov't § 6-106.2 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–106.2LinkCopy Citation
(a)
This section applies to an action brought or asserted by the State arising from or related to alleged or threatened injuries to the environment, infrastructure, or the natural resources 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 following words have the meanings indicated.
(2)
“Proportionate share of liability” means the percentage of comparative responsibility assigned by a judge or jury to a settling party in accordance with this section.
(3)
“Responsible person” means a person alleged to be liable in an action governed by this section.
(c)
In an action governed by this section, the judge or jury shall:
(1)
make a determination of the total liability, including damages, costs, and any other available relief;
(2)
assign comparative responsibility to each party joined in the action, including all defendants, third–party defendants, intervenors, and any other named party, based on the party’s relative degree of fault or responsibility for the total liability; and
(3)
if equity requires, determine the liability of a group of related persons on a collective basis.
(d)
If the State has not obtained complete relief from a responsible person who has resolved the person’s liability to the State in a settlement of an action governed by this section, the State may:
(1)
continue to pursue an action against any other responsible person who has not resolved the person’s liability to the State; or
(2)
bring a new action against any other responsible person who has not resolved the person’s liability to the State.
(e)
Notwithstanding any other 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 an action governed by this section;
(2)
if a responsible person resolves the person’s liability to the State in a settlement of an action governed by this section, the person may not be liable for claims for noncontractual contribution or indemnity regarding any action or claim resolved in the settlement; and
(3)
a settlement of an action governed by this section that resolves the liability of a responsible person:
(i)
does not release from liability any other responsible person except as specifically provided in the terms of the settlement; but
(ii)
reduces the potential liability of all other responsible persons liable in whole or in part by the larger of:
(1)
the settling person’s proportionate share of liability; or
(2)
the amount the settling person pays to settle the action.
(f)
This section may not be construed to:
(1)
impair any express contractual rights;
(2)
create new types of actions or claims;
(3)
alter the burden of proof, causation standard, or elements of an action or claim governed by this section; or
(4)
grant authority to the State or the Attorney General to bring actions or claims not otherwise authorized by law.
Md. Code Ann., State Gov't § 6-107 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–107LinkCopy Citation
(a)
The Attorney General is the legal adviser of and shall represent and otherwise perform all of the legal work for:
(1)
the Board of Supervisors of Elections of Baltimore City;
(2)
the Board of Liquor Commissioners of Baltimore City; and
(3)
the Sheriff of Baltimore City.
(b)
(1)
The Attorney General may advise or represent a political subdivision of the State or any of its officers, employees, or agents as to a matter that relates to State or federal antitrust law.
(2)
Representation under this subsection may include an appearance in an action or administrative proceeding to defend the subdivision, officer, employee, or agent.
(3)
The Attorney General may require a political subdivision to pay into the General Fund of the State reimbursement for the costs of defending the subdivision in an action or proceeding.
(4)
This subsection does not deprive any political subdivision, officer, employee, or agent of any right to retain counsel, at the expense of the subdivision, officer, employee, or agent.
Md. Code Ann., State Gov't § 6-108 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–108LinkCopy Citation
(a)
The Attorney General or any Deputy Attorney General or assistant Attorney General whom the Attorney General designates may:
(1)
become a member of an organization of attorneys general of other states or their deputies or assistants and, as provided in the State budget, contribute to the expenses of the organization; and
(2)
use the services of the Council of State Governments and, as provided in the State budget, contribute to the cost of the services.
(b)
(1)
On January 1 of each year, the Attorney General shall submit an annual report to the Governor and, in accordance with § 2–1257 of this article, the General Assembly.
(2)
The annual report shall:
(i)
describe the business and proceedings of the Office during the preceding calendar year; and
(ii)
include any recommendations that the Attorney General considers appropriate.
(c)
The Attorney General shall keep the following records until they are disposed of in accordance with § 10–616 of this article:
(1)
a copy of the pleadings in each suit, action, or other proceeding of which the Office has charge;
(2)
a complete and current docket of those proceedings;
(3)
a copy of each written opinion that the Office issues; and
(4)
an abstract of each title that the Office examines or has examined.
(d)
The Attorney General annually shall publish on the website of the Attorney General:
(1)
the opinions that the Office issued during the preceding calendar year; and
(2)
the annual report for that preceding calendar year.
(e)
(1)
The papers of the Office shall be filed in its offices until disposed of in accordance with § 10–616 of this article.
(2)
The papers and books of the Office shall be indexed so that they are readily accessible.
Md. Code Ann., State Gov't § 6-109 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–109LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Department” means the Department of Assessments and Taxation.
(3)
“Governing body” means the head, board, council, board of directors, or other governing body of a State agency.
(b)
(1)
A State agency not represented by the Attorney General shall designate a citizen of this State who resides in this State, a Maryland corporation, or an officer of the State agency as its resident agent and change its resident agent by filing for record with the Department a certified copy of a resolution of its governing body that authorizes the designation or change.
(2)
A State agency may change the address for its resident agent by filing for record with the Department a statement of the change signed by the chairman or other principal officer of its governing body.
(c)
(1)
A resident agent whose address changes may notify the Department by filing for record with the Department a statement of the change signed by or for the resident agent.
(2)
A resident agent may resign by filing with the Department a statement of resignation.
(d)
There is no fee for a filing under this section.
(e)
A designation, change of agent, change of address, or resignation is effective as provided in the Corporations and Associations Article for a corporate resident agent.
(f)
(1)
Service of process on a resident agent of a State agency constitutes effective service of process under the Maryland Rules on the State agency in an action, suit, or proceeding that is pending, filed, or instituted against the State agency.
(2)
Any notice required by law to be served by personal service on a resident agent or other agent or officer of a State agency may be served in the manner provided by the Maryland Rules relating to service of process on State agencies.
(3)
Service under the Maryland Rules is equivalent to personal service on a resident agent or other agent or officer of a State agency.
Md. Code Ann., State Gov't § 6-110 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–110LinkCopy Citation
(a)
The Chief Deputy Attorney General shall serve as acting Attorney General if the Attorney General temporarily is unable or unavailable to carry out the duties of office.
(b)
If the Attorney General gives the Chief Deputy Attorney General written notice of a temporary inability or unavailability, the acting Attorney General shall serve:
(1)
on and after the date that the Attorney General sets in the notice; and
(2)
until the Attorney General gives the acting Attorney General written notice that the Attorney General is able to carry out the duties of office.
(c)
If the Attorney General has not given notice, but the members of the Board of Public Works and the presiding officers of the General Assembly, by a majority vote, make a formal, written determination of a temporary inability or unavailability of the Attorney General, the Chief Deputy Attorney General shall serve as acting Attorney General:
(1)
on and after the date of the determination; and
(2)
until the members of the Board of Public Works and the presiding officers of the General Assembly, by a majority vote, determine and give the Attorney General and the acting Attorney General written notice that the Attorney General is able to carry out the duties of office.
(d)
(1)
On petition of any member of the Board of Public Works, a presiding officer of the General Assembly, the Attorney General, or the acting Attorney General, a circuit court has exclusive original jurisdiction to determine any issue that arises under this section and to pass any appropriate order.
(2)
Except for cases that the court considers of greater importance, a proceeding under this section, including an appeal, shall:
(i)
take precedence on the docket;
(ii)
be heard at the earliest practicable date; and
(iii)
be expedited in every way.
Md. Code Ann., State Gov't § 6-111 (2026)
Title 6. Attorney General
Subtitle 1. Definitions; General Provisions
§ 6–111LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Collateral immigration enforcement” means federal immigration enforcement actions that affect individuals who are not the primary target of the enforcement action but are present at the location of the enforcement action.
(3)
“Immigration enforcement” means federal immigration enforcement actions.
(4)
“Sensitive location” means:
(i)
a public school, designated school bus stop, or school vehicle, as defined in § 11–154 of the Transportation Article;
(ii)
a public library;
(iii)
a health care facility operated by a unit of State or local government;
(iv)
a facility operated by the Comptroller;
(v)
a courthouse; or
(vi)
any other location that:
(1)
provides State–funded services related to:
(A)
physical or mental health;
(B)
education;
(C)
shelter care;
(D)
distributing food to individuals in need; or
(E)
access to justice; and
(2)
as determined by the Attorney General, requires special consideration for immigration enforcement activities.
(b)
The Attorney General shall develop and publish guidance that informs the public and relevant State agencies about:
(1)
delineating between immigration enforcement within the public portions of sensitive locations and the nonpublic or private portions of sensitive locations;
(2)
verifying the identity of immigration enforcement agents and validating immigration enforcement documentation seeking specific individuals;
(3)
limiting liability exposure for State, local, and private institutions and the participation of the employees of those institutions in immigration enforcement at sensitive locations;
(4)
facilitating relationships between federal law enforcement officers and State and local officials and law enforcement officers in order to conduct immigration enforcement activities through the least dangerous and disruptive means; and
(5)
complying with existing legal obligations and limitations on State and local agencies while maintaining public safety and accessibility to those agencies.
(c)
Private entities are encouraged to adopt policies consistent with the guidance developed under subsection (b) of this section if the private entities provide services related to:
(1)
physical or mental health;
(2)
education;
(3)
shelter care;
(4)
distributing food to individuals in need; or
(5)
access to justice.
(d)
(1)
On or before October 1, 2025, each public school, public library, and unit of the Executive Branch of State or local government that operates at a sensitive location shall implement a policy consistent with the guidance issued by the Attorney General under this section.
(2)
On or before October 1 each year, beginning in 2026, the Attorney General shall update the guidance issued under this section, as necessary, and if the guidance is updated each public school, public library, and unit of Executive Branch of State or local government shall implement a policy consistent with the guidance issued by the Attorney General under this section.
(3)
(i)
On or before October 1, 2026, each courthouse shall implement a policy which may consider the guidance issued by the Attorney General under this section.
(ii)
On or before October 1 each year, each courthouse shall update the policy implemented under subparagraph (i) of this paragraph as necessary.
(e)
The guidance and policies required by this section are not subject to Title 10, Subtitles 1, 2, and 3 of this article.
Subtitle 3. People's Insurance Counsel
Md. Code Ann., State Gov't § 6-301 (2026)
Title 6. Attorney General
Subtitle 3. People's Insurance Counsel
§ 6–301LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Commissioner” means the Maryland Insurance Commissioner.
(c)
“Division” means the People’s Insurance Counsel Division in the Office of the Attorney General.
(d)
“Health care provider” has the meaning stated in § 3-2A-01 of the Courts Article.
(e)
“Homeowner’s insurer” means an insurer that issues or delivers a policy or contract of homeowner’s insurance in the State.
(f)
“Insurance consumers” means persons insured under policies or contracts of medical professional liability insurance, and homeowner’s insurance issued or delivered in the State by a medical professional liability insurer or a homeowner’s insurer.
(g)
“Insurer” means a medical professional liability insurer or a homeowner’s insurer authorized to engage in the insurance business in the State under a certificate of authority issued by the Commissioner.
(h)
“Medical injury” has the meaning stated in § 3-2A-01 of the Courts Article.
(i)
“Medical professional liability insurer” means an insurer that issues or delivers a policy in the State that insures a health care provider against damages due to medical injury.
(j)
“Premium” has the meaning stated in § 1-101 of the Insurance Article to the extent it is allocable to this State.
Md. Code Ann., State Gov't § 6-302 (2026)
Title 6. Attorney General
Subtitle 3. People's Insurance Counsel
§ 6–302LinkCopy Citation
(a)
(1)
There is a People’s Insurance Counsel Division in the Office of the Attorney General.
(2)
The Attorney General shall appoint the People’s Insurance Counsel with the advice and consent of the Senate.
(b)
The People’s Insurance Counsel serves at the pleasure of the Attorney General.
(c)
The People’s Insurance Counsel shall have been admitted to practice law in the State.
(d)
The People’s Insurance Counsel shall devote full time to the duties of the Office.
(e)
The People’s Insurance Counsel is entitled to compensation as provided in the State budget.
(f)
The People’s Insurance Counsel and employees of the Division may not hold an official relation to or have any pecuniary interest in an insurer, insurance agency, or insurance transaction, other than as a policyholder or claimant under a policy.
Md. Code Ann., State Gov't § 6-303 (2026)
Title 6. Attorney General
Subtitle 3. People's Insurance Counsel
§ 6–303LinkCopy Citation
(a)
The Office of the Attorney General shall include in its annual budget sufficient money for the administration and operation of the Division.
(b)
The Division may retain as necessary for a particular matter or employ experts in the field of insurance regulation, including accountants, actuaries, and lawyers.
(c)
The People’s Insurance Counsel shall direct the Division.
Md. Code Ann., State Gov't § 6-304 (2026)
Title 6. Attorney General
Subtitle 3. People's Insurance Counsel
§ 6–304LinkCopy Citation
(a)
The Commissioner shall:
(1)
collect an annual assessment from each medical professional liability insurer and homeowner’s insurer for the costs and expenses incurred by the Division in carrying out its duties under this subtitle; and
(2)
deposit the amounts collected into the People’s Insurance Counsel Fund established under § 6–305 of this subtitle.
(b)
The assessment payable by a medical professional liability insurer or homeowner’s insurer is the product of the fraction obtained by dividing the gross direct premium written by the medical professional liability insurer or homeowner’s insurer in the prior calendar year by the total amount of gross direct premium written by all medical professional liability insurers or homeowner’s insurers in the prior calendar year, multiplied by the amount of the total costs and expenses under subsection (a)(1) of this section.
(c)
(1)
The assessment collected under this section is:
(i)
in addition to any penalties or premium tax imposed under the Insurance Article; and
(ii)
due and payable to the Commissioner on or before a date determined by the Commissioner each year.
(2)
(i)
Failure by an insurer to pay an assessment fee on or before the due date shall subject the insurer to the provisions of §§ 4-113 and 4-114 of the Insurance Article.
(ii)
In addition to the penalty imposed under subparagraph (i) of this paragraph, if an assessment fee is not paid on or before the due date, the Commissioner may impose a penalty of 5% of the amount due and interest at the rate determined under § 13-701(b)(1) of the Tax - General Article from the due date until payment is made to the Commissioner.
Md. Code Ann., State Gov't § 6-305 (2026)
Title 6. Attorney General
Subtitle 3. People's Insurance Counsel
§ 6–305LinkCopy Citation
(a)
In this section, “Fund” means the People’s Insurance Counsel Fund.
(b)
There is a People’s Insurance Counsel Fund.
(c)
The purpose of the Fund is to pay all costs and expenses incurred by the Division in carrying out its duties under this subtitle.
(d)
The Fund shall consist of:
(1)
all revenue deposited into the Fund that is received through the imposition and collection of the assessment under § 6-304 of this subtitle; and
(2)
income from investments that the State Treasurer makes for the Fund.
(e)
(1)
Expenditures from the Fund may be made only by:
(i)
an appropriation from the Fund approved by the General Assembly in the annual State budget; or
(ii)
the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article.
(2)
(i)
If, in any fiscal year, the amount of the assessment revenue collected by the Commissioner and deposited into the Fund exceeds the actual costs and expenses incurred by the Division to carry out its duties under this subtitle, the excess amount shall be carried forward within the Fund for the purpose of reducing the assessment imposed by the Commissioner for the following fiscal year.
(ii)
If, in any fiscal year, the amount of the assessment revenue collected by the Commissioner and deposited into the Fund is insufficient to cover the actual expenditures incurred by the Division to carry out its duties under this subtitle, and expenditures are made in accordance with the budget amendment procedure provided for in § 7-209 of the State Finance and Procurement Article, an additional assessment may be made.
(f)
(1)
The State Treasurer is the custodian of the Fund.
(2)
The Fund shall be invested and reinvested in the same manner as State funds.
(3)
The State Treasurer shall deposit payments received from the Commissioner into the Fund.
(g)
(1)
The Fund is a continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(2)
No part of the Fund may revert or be credited to:
(i)
the General Fund of the State; or
(ii)
a special fund of the State, unless otherwise provided by law.
Md. Code Ann., State Gov't § 6-306 (2026)
Title 6. Attorney General
Subtitle 3. People's Insurance Counsel
§ 6–306LinkCopy Citation
(a)
(1)
The Division shall evaluate each medical professional liability insurance and homeowner’s insurance matter pending before the Commissioner to determine whether the interests of insurance consumers are affected.
(2)
If the Division determines that the interests of insurance consumers are affected, the Division may appear before the Commissioner and courts on behalf of insurance consumers in each matter or proceeding over which the Commissioner has original jurisdiction.
(b)
(1)
The Division shall review any rate increase of 10% or more filed with the Commissioner by a medical professional liability insurer or homeowner’s insurer.
(2)
If the Division finds that the rate increase is excessive, inadequate, or unfairly discriminatory, the Division shall appear before the Commissioner on behalf of insurance consumers in any hearing on the rate filing.
(c)
As the Division considers necessary, the Division shall conduct investigations and request the Commissioner to initiate an action or proceeding to protect the interests of insurance consumers.
Md. Code Ann., State Gov't § 6-307 (2026)
Title 6. Attorney General
Subtitle 3. People's Insurance Counsel
§ 6–307LinkCopy Citation
(a)
In appearances before the Commissioner and courts on behalf of insurance consumers, the Division has the rights of counsel for a party to the proceeding, including the right to:
(1)
summon witnesses, present evidence, and present argument;
(2)
conduct cross-examination and submit rebuttal evidence; and
(3)
take depositions in or outside of the State:
(i)
in proceedings before the Commissioner, subject to regulation by the Commissioner to prevent undue delay; and
(ii)
in proceedings in court, in accordance with the procedure provided by law or rule of court.
(b)
The Division may appear before any federal or State tribunal or agency, in a judicial or administrative action, to protect the interests of insurance consumers.
(c)
(1)
Except as otherwise provided in the Insurance Article and any applicable freedom of information act, the Division shall have full access to the Commissioner’s records, including rate filings and supplementary rate information filed with the Commissioner by a medical professional liability insurer or homeowner’s insurer under Title 11 of the Insurance Article, and shall have the benefit of all other facilities or information of the Commissioner.
(2)
The Division is entitled to the assistance of the Commissioner’s staff if:
(i)
the staff determines that the assistance is consistent with the staff’s responsibilities; and
(ii)
the staff and the Division agree that the assistance, in a particular matter, is consistent with their respective interests.
(d)
The Division may recommend to the General Assembly legislation on any matter that the Division considers would promote the interests of insurance consumers.
Md. Code Ann., State Gov't § 6-308 (2026)
Title 6. Attorney General
Subtitle 3. People's Insurance Counsel
§ 6–308LinkCopy Citation
On or before January 1 of each year, the Division shall report to the Governor and, subject to § 2-1257 of this article, to the General Assembly on the activities of the Division during the prior fiscal year.
Subtitle 5. Special Education Ombudsman
Md. Code Ann., State Gov't § 6-501 (2026)
Title 6. Attorney General
Subtitle 5. Special Education Ombudsman
§ 6–501LinkCopy Citation
In this subtitle, “Ombudsman” means the Special Education Ombudsman.
Md. Code Ann., State Gov't § 6-502 (2026)
Title 6. Attorney General
Subtitle 5. Special Education Ombudsman
§ 6–502LinkCopy Citation
(a)
There is a Special Education Ombudsman in the Office of the Attorney General.
(b)
The purpose of the Ombudsman is to serve as a resource to provide information and support to parents, students, and educators regarding special education rights and services.
Md. Code Ann., State Gov't § 6-503 (2026)
Title 6. Attorney General
Subtitle 5. Special Education Ombudsman
§ 6–503LinkCopy Citation
(a)
The Attorney General shall appoint the Ombudsman.
(b)
Salaries of the Ombudsman and staff under the Ombudsman and expenses related to the operation of the toll–free telephone number established under § 6–505 of this subtitle, rent, equipment, supplies, and general operations shall be as provided in the State budget.
(c)
In cooperation with the Secretary of Budget and Management, the Attorney General shall set minimum salary, qualifications, and experience standards for the Ombudsman and any staff under the Ombudsman.
Md. Code Ann., State Gov't § 6-504 (2026)
Title 6. Attorney General
Subtitle 5. Special Education Ombudsman
§ 6–504LinkCopy Citation
(a)
The Ombudsman shall:
(1)
serve as a source of knowledge and information on the State and federal laws, rules, and regulations governing the education of students with disabilities for parents, students, educators, and interested members of the public;
(2)
provide impartial information to the parents of students with disabilities on how to navigate the process of obtaining special education evaluations and services;
(3)
provide impartial information to parents, public schools, and educators on the procedures for resolving disagreements and disputes regarding the provision of special education or disciplinary action taken against students with disabilities;
(4)
explain to parents of children with disabilities the rights of parents and students and how the parents may avail themselves of those rights;
(5)
work neutrally and objectively with all persons to ensure that the special education system functions as intended;
(6)
identify any patterns of complaints made by parents of students with disabilities and inform the State Department of Education about any such pattern; and
(7)
serve as a general resource for disability–related information and make referrals to available State and federal services and programs for individuals with disabilities.
(b)
In performing the duties assigned under this section, the Ombudsman shall treat all communications as confidential and may reveal the details of any communication only if:
(1)
necessary to achieve the Ombudsman’s duties; and
(2)
done in accordance with applicable State and federal law.
Md. Code Ann., State Gov't § 6-505 (2026)
Title 6. Attorney General
Subtitle 5. Special Education Ombudsman
§ 6–505LinkCopy Citation
The Ombudsman shall arrange for a toll–free telephone number, available in English as well as other appropriate languages, to assist an individual seeking information or advice about special education.
Md. Code Ann., State Gov't § 6-506 (2026)
Title 6. Attorney General
Subtitle 5. Special Education Ombudsman
§ 6–506LinkCopy Citation
On or before July 1, 2022, and each July 1 thereafter, the Ombudsman shall, consistent with federal and State privacy laws and in accordance with § 2–1257 of this article, submit a report to the Senate Education, Health, and Environmental Affairs Committee and the House Committee on Ways and Means that includes:
(1)
the number and type of calls received on the toll–free telephone number during the previous year;
(2)
any patterns of complaints filed by parents identified under § 6–504(a)(7) of this subtitle;
(3)
a summary of the services provided by the Ombudsman during the previous year; and
(4)
any recommendations the Ombudsman determines are appropriate and necessary concerning the State’s implementation of special education services and procedures.
Subtitle 6. Independent Investigations Division
Md. Code Ann., State Gov't § 6-601 (2026)
Title 6. Attorney General
Subtitle 6. Independent Investigations Division
§ 6–601LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Division” means the Independent Investigations Division in the Office of the Attorney General.
(c)
“Police officer” has the meaning stated in § 3–201 of the Public Safety Article.
Md. Code Ann., State Gov't § 6-602 (2026)
Title 6. Attorney General
Subtitle 6. Independent Investigations Division
§ 6–602LinkCopy Citation
(a)
There is an Independent Investigations Division within the Office of the Attorney General.
(b)
(1)
The Division is the primary investigative unit for police–involved incidents that result in the death of individuals or injuries likely to result in death.
(2)
The Office of the Attorney General shall determine whether an incident is police–involved and whether an injury is likely to result in death.
(c)
(1)
The Division shall investigate all police–involved incidents that result in the death of an individual or injuries that are likely to result in the death of an individual.
(2)
(i)
Subject to subparagraph (ii) of this paragraph, a State’s Attorney may refer for investigation by the Division a police–involved incident resulting in serious bodily injury to an individual that is not otherwise within the jurisdiction of the Division under paragraph (1) of this subsection.
(ii)
The Division may, in its discretion, decline to investigate an incident referred by a State’s Attorney under subparagraph (i) of this paragraph.
(3)
The Division may investigate any other crime related to police misconduct that is discovered during an investigation under paragraph (1) or (2) of this subsection.
(d)
In conducting an investigation under subsection (c) of this section, the Division may act with the full powers, rights, privileges, and duties of a State’s Attorney, including the use of a grand jury in any county.
(e)
To investigate under this section alleged criminal offenses committed by police officers, the Division may:
(1)
detail one or more police officers employed by the Department of State Police; and
(2)
employ other civilian personnel as needed.
(f)
On or before January 31 each year, the Division shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the activities of the Division in the prior calendar year, including:
(1)
the number of investigations that were conducted by the Division; and
(2)
the number of prosecutions that were initiated as a result of an investigation by or a referral to the Division.
(g)
(1)
The Governor annually shall include funding in the State budget sufficient to provide for the full and proper operation of the Division.
(2)
Funds provided in accordance with this subsection shall supplement and may not supplant any other funding provided to the Division.
Md. Code Ann., State Gov't § 6-603 (2026)
Title 6. Attorney General
Subtitle 6. Independent Investigations Division
§ 6–603LinkCopy Citation
(a)
(1)
For the limited purpose of furthering an ongoing criminal investigation under this subtitle, the Attorney General or a Deputy Attorney General or an assistant Attorney General designated in writing by the Attorney General may issue in any court in the State a subpoena to a person to produce telephone, business, government, or corporate records or documents.
(2)
A subpoena issued under this subsection may be served in the same manner as a subpoena issued by a circuit court.
(b)
(1)
A person may have an attorney present during any contact made under subsection (a) of this section with the Attorney General or the Attorney General’s designee.
(2)
The Attorney General or the Attorney General’s designee shall advise a person of the right to counsel when the subpoena is served.
(c)
(1)
(i)
If a person fails to obey a lawfully served subpoena under subsection (a) of this section, the Attorney General or the Attorney General’s designee may report the failure to obey the subpoena to the circuit court with jurisdiction over the matter.
(ii)
The Attorney General or the Attorney General’s designee shall provide a copy of the subpoena and proof of service to the circuit court.
(2)
After conducting a hearing at which the person that allegedly failed to comply with a subpoena issued under subsection (a) of this section has had an opportunity to be heard and be represented by counsel, the court may grant appropriate relief.
(d)
This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.
Md. Code Ann., State Gov't § 6-604 (2026)
Title 6. Attorney General
Subtitle 6. Independent Investigations Division
§ 6–604LinkCopy Citation
(a)
(1)
Except as provided in subsection (b) of this section, if the Attorney General determines that an investigation conducted under § 6–602 of this subtitle provides sufficient grounds for the prosecution of a criminal offense discovered in the course of the investigation, the Attorney General shall have exclusive authority to prosecute the offense.
(2)
The Attorney General, in the Attorney General’s discretion, may prosecute a police–involved incident not otherwise within the investigative jurisdiction of the Division under § 6–602(c) of this subtitle if the incident is referred by a State’s Attorney to the Attorney General for prosecution.
(b)
A State’s Attorney may prosecute a criminal offense described in subsection (a)(1) of this section only if the Attorney General requests that the State’s Attorney prosecute the offense.
Subtitle 7. Environmental and Natural Resources Crimes Unit
Md. Code Ann., State Gov't § 6-701 (2026)
Title 6. Attorney General
Subtitle 7. Environmental and Natural Resources Crimes Unit
§ 6–701LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Chief Counsel” means the Chief Counsel of Environmental and Natural Resources Crimes.
(c)
“Unit” means the Environmental and Natural Resources Crimes Unit of the Office of the Attorney General.
Md. Code Ann., State Gov't § 6-702 (2026)
Title 6. Attorney General
Subtitle 7. Environmental and Natural Resources Crimes Unit
§ 6–702LinkCopy Citation
(a)
(1)
There is an Environmental and Natural Resources Crimes Unit of the Office of the Attorney General.
(2)
The function of the Unit is to:
(i)
investigate and prosecute cases against persons that violate State criminal environmental and natural resources laws; and
(ii)
investigate and prosecute any other criminal offense discovered in the course of an investigation under this subtitle.
(3)
In conducting an investigation and prosecuting cases under this subtitle, the Unit may act with the full powers, rights, privileges, and duties of a State’s Attorney, including the use of a grand jury in any county.
(b)
(1)
The Unit shall include:
(i)
a full–time Chief Counsel of Environmental and Natural Resources Crimes; and
(ii)
staff, including assistant attorneys general, investigators, and administrators, as provided in the State budget.
(2)
Salaries of the Chief Counsel and staff, and expenses for rent, travel, equipment, supplies, and general operating expenses necessary for the work of the Unit shall be as provided in the State budget.
(3)
In cooperation with the Secretary of Budget and Management, the Attorney General shall set minimum salaries, qualifications, and standards of training and experience for positions within the Unit.
(c)
The Unit shall investigate and prosecute the State’s criminal environmental and natural resource laws.
(d)
On or before October 1 each year, the Attorney General shall report to the Governor, and, in accordance with § 2–1257 of this article, the General Assembly on:
(1)
all the activities of the Unit during the previous fiscal year; and
(2)
any actions taken by the Department of the Environment or the Department of Natural Resources in response to findings and recommendations of the Unit.
Md. Code Ann., State Gov't § 6-703 (2026)
Title 6. Attorney General
Subtitle 7. Environmental and Natural Resources Crimes Unit
§ 6–703LinkCopy Citation
(a)
(1)
For the limited purpose of furthering an ongoing criminal investigation under this subtitle, the Attorney General or a Deputy Attorney General or an assistant attorney general designated in writing by the Attorney General may issue in any court in the State a subpoena to a person to produce telephone, business, government, or corporate records or documents.
(2)
A subpoena issued under this subsection may be served in the same manner as a subpoena issued by a circuit court.
(b)
(1)
A person may have an attorney present during any contact made under subsection (a) of this section with the Attorney General or an agent of the Attorney General.
(2)
The Attorney General shall advise a person of the right to counsel when the subpoena is served.
(c)
(1)
(i)
If a person fails to obey a lawfully served subpoena under subsection (a) of this section, the Attorney General may report the failure to obey the subpoena to the circuit court with jurisdiction over the matter.
(ii)
The Attorney General shall provide a copy of the subpoena and proof of service to the circuit court.
(2)
After conducting a hearing at which the person that allegedly failed to comply with a subpoena issued under subsection (a) of this section has had an opportunity to be heard and be represented by counsel, the court may grant appropriate relief.
(d)
This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.
Subtitle 8. Commission on Hate Crime Response and Prevention
Md. Code Ann., State Gov't § 6-801 (2026)
Title 6. Attorney General
Subtitle 8. Commission on Hate Crime Response and Prevention
§ 6–801LinkCopy Citation
In this subtitle, “Commission” means the Commission on Hate Crime Response and Prevention.
Md. Code Ann., State Gov't § 6-802 (2026)
Title 6. Attorney General
Subtitle 8. Commission on Hate Crime Response and Prevention
§ 6–802LinkCopy Citation
(a)
There is a Commission on Hate Crime Response and Prevention in the Office of the Attorney General.
(b)
The Commission consists of the following members, appointed by the Attorney General:
(1)
15 individuals who represent or advocate on behalf of individuals who are members of a protected class under the State hate crime laws as set forth in Title 10, Subtitle 3 of the Criminal Law Article appointed by the Attorney General with the advice and consent of the Senate;
(2)
one representative of the Maryland Association of Human Relations/Human Rights Agencies;
(3)
one representative of the Maryland Chiefs of Police Association;
(4)
one representative of the Maryland Commission on Civil Rights;
(5)
one representative of the Maryland Coordination and Analysis Center;
(6)
one representative of the Maryland Center for School Safety;
(7)
one representative of the Maryland Sheriffs’ Association;
(8)
one representative of the Maryland State’s Attorneys’ Association;
(9)
one representative of the Office of the Public Defender; and
(10)
two members of the general public.
(c)
(1)
The term of an appointed member of the Commission is 4 years.
(2)
The terms of the appointed members are staggered as required by the terms provided for members of the Commission on June 1, 2024.
(3)
At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(4)
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(d)
(1)
The Attorney General, or the Attorney General’s designee, is the chair of the Commission.
(2)
The Office of the Attorney General shall provide staff for the Commission.
(e)
In fiscal year 2025 and in each fiscal year thereafter, the Governor shall include funds in the State budget to implement this section, including funds to:
(1)
employ a full–time assistant Attorney General to staff the Commission; and
(2)
operate and maintain the office.
(f)
(1)
A majority of members of the Commission shall constitute a quorum for the transaction of business.
(2)
The Commission may adopt rules governing the administration and proceedings of the Commission.
(g)
A member of the Commission:
(1)
may not receive compensation as a member of the Commission; but
(2)
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(h)
The Commission shall:
(1)
develop strategies to prevent and respond to hate crime activity; and
(2)
evaluate State laws and policies relating to hate crimes.
(i)
(1)
On or before December 1 each year, beginning in 2024, the Commission shall report to the State Department of Education on policy recommendations to address hate crimes that occur in schools.
(2)
On or before December 1 each year, beginning in 2024, the Commission shall report to the General Assembly, in accordance with § 2–1257 of this article, on legislative recommendations to address hate crimes in the State.
Subtitle 9. Subpoenas
Md. Code Ann., State Gov't § 6-901 (2026)
Title 6. Attorney General
Subtitle 9. Subpoenas
§ 6–901LinkCopy Citation
(a)
This section may not be construed to allow the contravention, denial, or abrogation of a privilege or right recognized by law.
(b)
(1)
For the limited purpose of furthering an ongoing health care fraud investigation under the Maryland False Health Claims Act or other civil authority, the Attorney General, a Deputy Attorney General, or an Assistant Attorney General designated in writing by the Attorney General may issue in any court in the State a subpoena requiring a person to:
(i)
produce documentary material for inspection, copying, or reproduction;
(ii)
answer, under oath and in writing, written interrogatories;
(iii)
give sworn oral testimony; or
(iv)
provide any combination of items (i), (ii), and (iii) of this paragraph.
(2)
A subpoena issued under paragraph (1) of this subsection may be served in the same manner as a subpoena issued by a circuit court.
(c)
(1)
(i)
If a person fails to obey a lawfully served subpoena issued under subsection (b) of this section, the Attorney General may report a failure to obey the subpoena to the circuit court with jurisdiction over the matter.
(ii)
The Attorney General shall provide a copy of the subpoena and proof of service to the circuit court.
(2)
After conducting a hearing at which the person who allegedly failed to comply with a subpoena issued under subsection (b) of this section has had an opportunity to be heard and be represented by counsel, the court may grant appropriate relief.
Subtitle 10
Md. Code Ann., State Gov't § 6-1001 (2026)
Title 6. Attorney General
Subtitle 10
§ 6–1001LinkCopy Citation
(a)
There is a Commission on the House of Reformation and Instruction for Colored Children.
(b)
The purpose of the Commission is to:
(1)
research the history, operations, and resident deaths at the House of Reformation and Instruction for Colored Children;
(2)
provide a complete and public accounting of the children who died and were buried on the grounds of the House of Reformation and Instruction for Colored Children;
(3)
promote healing and reconciliation through truth–telling, acknowledgment, and recommendations for systemic reform; and
(4)
ensure descendant and community voice throughout the investigation and reconciliation process.
(c)
The Commission consists of:
(1)
one member appointed by the President of the Senate of Maryland;
(2)
one member appointed by the Speaker of the House of Delegates;
(3)
the Attorney General, or the Attorney General’s designee;
(4)
the Director of the Maryland Historical Trust, or the Director’s designee;
(5)
the Secretary of Veterans and Military Families, or the Secretary’s designee;
(6)
the Chair of the Prince George’s County Planning Board of the Maryland–National Capital Park and Planning Commission, or the Chair’s designee;
(7)
the Secretary of Juvenile Services, or the Secretary’s designee;
(8)
the Chief Archaeologist of the Maryland Department of Transportation’s State Highway Administration, or the Chief Archaeologist’s designee;
(9)
the State Archivist, or the State Archivist’s designee;
(10)
the Secretary of General Services, or the Secretary’s designee;
(11)
the Chair of the Maryland Commission on African American History and Culture, or the Chair’s designee;
(12)
the Executive Director of the Gibson–Banks Center for Race and Law at the University of Maryland Francis King Carey School of Law, or the Executive Director’s designee;
(13)
the Prince George’s County Executive, or the County Executive’s designee;
(14)
the Secretary of Human Services, or the Secretary’s designee;
(15)
the State Superintendent of Schools, or the Superintendent’s designee; and
(16)
six members of the general public appointed by the Attorney General that shall include:
(i)
one descendant of a child buried at the site, a former resident of the House of Reformation, or a former justice–involved youth;
(ii)
one academic expert in forensic anthropology, archaeology, African American history, or other related disciplines;
(iii)
one representative from a historically Black college or university in the State;
(iv)
one representative from a civil rights organization; and
(v)
two individuals with experience in civil rights advocacy and litigation.
(d)
(1)
The Attorney General shall serve as Chair of the Commission.
(2)
The Commission shall elect a vice chair from among its members.
(e)
Members appointed by the Attorney General shall serve at the pleasure of the Attorney General.
(f)
(1)
A member of the Commission:
(i)
may not receive compensation as a member of the Commission; but
(ii)
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(2)
The Office of the Attorney General may provide stipends to descendant, former resident, and community members to support the participation in the Commission, subject to available funds.
(g)
The Office of the Attorney General shall provide staff for the Commission.
(h)
The Commission shall:
(1)
direct and oversee the investigation of the House of Reformation and Instruction for Colored Children by contracting with qualified professional experts, including universities, research institutions, and independent practitioners, to conduct:
(i)
forensic anthropology, archaeological surveys, and historical research to the highest ethical and professional standards;
(ii)
location and documentation of all graves using modern archaeological and forensic methods;
(iii)
identification of individuals buried at the site through historical records, forensic analysis, DNA testing, and genealogical research;
(iv)
reconstruction of institutional conditions, policies, and practices throughout the facility’s history;
(v)
documentation of deaths, including circumstances, causes, and State responses; and
(vi)
analysis of systemic failures that allowed harms to occur;
(2)
review and approve research methodologies, work plans, and findings produced by contracted experts;
(3)
when appropriate and approved by the Commission, authorize contracted experts to conduct exhumation and forensic analysis of remains in accordance with best practices in forensic anthropology and bioethics;
(4)
direct contracted experts to establish a DNA database for descendant matching and pursue genealogical research to locate and notify descendants;
(5)
facilitate meaningful engagement with descendants, African American communities, and others with historical, familial, or cultural connections to those interred at the site;
(6)
provide opportunities for descendants, survivors, former residents, and community members to share testimony and participate in public acknowledgment;
(7)
establish protocols for descendant notification, reburial, and culturally appropriate treatment of human remains in consultation with contracted experts and community stakeholders;
(8)
oversee contracted work for restoration and preservation of the cemetery grounds;
(9)
recommend the design and the implementation of a permanent memorial at the site;
(10)
ensure long–term maintenance and accessibility of the permanent memorial described under item (9) of this subsection;
(11)
recommend educational initiatives to incorporate the history of the House of Reformation and Instruction for Colored Children into the State’s curriculum;
(12)
document and disseminate lessons learned for educational purposes and to inform future State–led restorative history initiatives;
(13)
make findings regarding institutional failures and State accountability based on research conducted by contracted experts under this section;
(14)
develop recommendations for systemic reform, which may include:
(i)
official State acknowledgment and formal apology;
(ii)
reparative measures for descendants and survivors;
(iii)
reforms to prevent future deaths in custody and improve current juvenile justice policies;
(iv)
ongoing commemoration and education initiatives; and
(v)
any other measure the Commission deems appropriate to promote healing and reconciliation; and
(15)
perform other duties and responsibilities necessary to accomplish the Commission’s purposes.
(i)
(1)
Subject to paragraphs (2) and (3) of this subsection, the Office of the Attorney General may procure goods and services on behalf of the Commission.
(2)
The execution of a major contract requires approval by vote of the Commission.
(3)
To the extent practicable and consistent with State and federal law, the Office of the Attorney General shall procure goods and services from Maryland institutions and historically Black colleges and universities in the State.
(j)
(1)
All State agencies, units of State government, and political subdivisions of the State shall cooperate and comply with information requests from the Commission and its contracted researchers and shall provide access to facilities, records, and logistical support necessary to conduct the investigation.
(2)
The Commission, through the Attorney General, may issue subpoenas for documents and testimony relevant to the investigation.
(k)
(1)
(i)
Notwithstanding any other provision of law, the Commission and its contractors are authorized to conduct archaeological surveys and test excavations and carry out the disinterment of human remains on the grounds of the House of Reformation and Instruction for Colored Children without separate agency permits.
(ii)
The Commission shall consult with the Maryland Historical Trust and the Maryland Department of Health regarding methods and safety for actions authorized under subparagraph (i) of this paragraph.
(2)
Title 17 of the Criminal Procedure Article requiring judicial authorization and a sworn affidavit regarding a suspected homicide does not apply to a forensic genetic genealogical DNA analysis and a search conducted by the Commission, if:
(i)
the search is conducted exclusively for the humanitarian purpose of identifying the deceased and notifying descendants;
(ii)
biological samples are not used to screen for medical conditions or traits; and
(iii)
all DNA data is destroyed on the conclusion of the investigation.
(3)
(i)
Notwithstanding § 3–8A–27 of the Courts Article or the Maryland Public Information Act, the Commission and the Commission’s contractors acting in furtherance of the duties specified under this section shall have full, unrestricted access to all sealed or otherwise confidential juvenile records, medical records, and administrative files related to the House of Reformation and Instruction for Colored Children.
(ii)
(1)
Subject to subsubparagraph 2 of this subparagraph, the Commission shall maintain the confidentiality of any living individual mentioned in the records under subparagraph (i) of this paragraph.
(2)
The Commission may disclose the names and circumstances of deceased individuals for the purposes of reports and memorialization.
(4)
The exemptions to general laws granted in this section are determined by the General Assembly to be necessary due to the unique historical nature of the site for which general laws are inapplicable.
(l)
(1)
Subject to paragraph (2) of this subsection, funding for the Commission shall be as provided in the State budget.
(2)
The Attorney General may pursue federal grants and other funding sources to supplement State appropriations, subject to Commission approval of grant applications.
(3)
The Attorney General shall administer funding for the Commission, including State appropriations, federal grants, and private donations designated for this purpose.
(m)
(1)
On or before December 31, 2027, the Commission shall submit an initial report documenting the progress of the investigation and including any preliminary recommendations to the Governor and, in accordance with § 2–1257 of this article, the General Assembly.
(2)
On or before December 31, 2029, the Commission shall submit a final report to the Governor and, in accordance with § 2–1257 of this article, the General Assembly on:
(i)
the complete findings of the Commission’s research;
(ii)
all identified individuals and the circumstances of their deaths;
(iii)
historical analysis of institutional policies and practices;
(iv)
recommendations for acknowledgment, memorial, reburial, reparative measures, and policy reforms; and
(v)
an accounting of the Commission’s expenditures.