Summary of HB 1105 (2026) – Maryland
Title: Statute of Limitations – Prosecution or Enforcement of Local Consumer Protection Codes
Jurisdiction: Maryland
Session: 2026
Sponsor: Delegates Embry, Addison, Amprey, Boyce, Conaway, Edelson, Lewis, Ruff, Smith, Stinnett, and Young
Co-sponsors: Nicole Williams, Stephanie Smith, Sean Stinnett, Jackie Addison, Malcolm Ruff, Frank Conaway, Marlon Amprey, Elizabeth Embry, Mark Edelson, Caylin Young, Robbyn Lewis, Regina Boyce
Status: Reported favorably with amendments by the Judiciary (April 13, 2026); advanced through multiple readings and passes in committee and chamber phases per action history.
Effective Date: October 1, 2026
Official Citation: Adds new provision to the Courts and Judicial Proceedings Article, Section 5–106(kk)
1) Main Purpose and Intent
- The bill changes the statute of limitations for prosecuting or enforcing local consumer protection codes. Specifically, it extends the filing window for civil actions seeking equitable relief, fines, or penalties from local consumer protection codes.
- The new framework shifts the starting point for the limitation period to when local authorities knew, or reasonably should have known, about the violation.
2) Key Provisions and Changes
- New Limitation Period:
- A prosecution or civil suit for enforcement of a local consumer protection code (where equitable relief, a fine, or a penalty is provided) must be instituted within 3 years after local authorities knew or reasonably should have known of the violation.
- Statute Affected:
- Amends Article – Courts and Judicial Proceedings, § 5–106(kk) to codify the three-year period and knowledge-based trigger.
- Interaction with Existing Law:
- This measure modifies the existing one-year limit typically applicable to fines, penalties, or forfeitures under § 5-107, adopting a longer, discovery-based window for local consumer protection enforcement actions.
- Effective Date:
- The Act takes effect October 1, 2026, allowing jurisdictions to adopt or adjust enforcement actions under the new timeline.
3) Who/What is Affected
- Local Government and Authorities:
- Localities enforcing consumer protection codes (cities, counties) that impose equitable relief, fines, or penalties.
- Enforcers and Prosecutors:
- Local prosecutors and other authorities pursuing enforcement actions under local consumer protection ordinances.
- Civil Plaintiffs:
- Individuals or entities seeking enforcement or penalties under local consumer protection codes, who would benefit from a longer period to bring actions if the violation was not known earlier.
- Local Revenues:
- Potential impact on local revenues from fines and penalties where the extended statute of limitations permits enforcement actions that might not have been timely pursued previously.
- Small Businesses:
- Minimal anticipated impact; the change primarily affects timing and potential enforcement actions rather than core compliance requirements.
4) Procedural and Timeline Considerations
- Trigger for Limitations Period:
- The three-year period begins when the local authorities know, or reasonably should have known, of the violation.
- Discovery Rule:
- The bill leverages the discovery rule, aligning enforcement timing with when the violation becomes known to authorities, rather than strictly when the offense occurred.
- Retroactivity:
- The summary materials do not specify retroactive applicability; the effective date suggests a prospective application beginning October 1, 2026.
- Fiscal Impact (Based on DLS Note):
- State finances: No material impact.
- Local governments: Possible increased revenues from additional enforcement actions; costs of extending enforcement might be offset by fines/penalties collected.
- Small business impact: Minimal.
5) Context and Related Legislation
- Similar proposals have been introduced in prior sessions (e.g., HB 591 in 2025, HB 549 in 2024).
- Cross-file: SB 979 (Senator McCray) – Rules (House version aligned for comparison).
Bottom Line
HB 1105 extends the statute of limitations for civil actions to enforce local consumer protection codes from 1 year to 3 years, with the period starting when authorities know or reasonably should know of the violation. The change increases the potential window for local enforcement actions and may lead to higher local penalties and associated revenues, while aligning local enforcement more closely with the discovery rule applicable to other civil actions. The bill becomes effective October 1, 2026.
