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Maryland Senate Bill 871 Imposes 50% Surcharge on Punitive Damages for Education Fund

Original title: Civil Actions - Punitive Damage Awards - Surcharge

Last action · February 12, 2026: Hearing 3/11 at 1:00 p.m.Sponsor: Will Smith

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

Maryland Senate Bill 871 requires defendants who have entered against them in civil negligence actions to pay a 50% surcharge to the State for deposit into the Blueprint for Maryland’s Future Fund, taking effect October 1, 2026.

Why it matters

Defendants held liable for will face an additional payment equal to half of that penalty, altering total liabilities while leaving plaintiff compensation unaffected.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Defendants in civil negligence actions

Defendants against whom punitive damages are entered must pay an additional 50% surcharge to the State.

Directly affected

Plaintiffs awarded punitive damages

Plaintiffs receive their full punitive damage awards without reduction, and juries are not informed of the surcharge.

Directly affected

State Court Administrator

The Administrator is required to assess the surcharge and deposit collections into the Blueprint for Maryland's Future Fund.

Key Facts

  • Punitive damages in a civil action alleging negligence may be awarded only if the plaintiff proves by clear and convincing evidence that the defendant acted with gross negligence.
  • The State Court Administrator must assess a surcharge on punitive damages equal to 50% of the punitive damages award.
  • The 50% surcharge is an additional payment made by the defendant to the State that does not impact the total amount ordered to be paid to the plaintiff.
  • Surcharge revenue collected is deposited directly into the Blueprint for Maryland's Future Fund.
Show all 9 facts
  • Juries are prohibited from being informed of the surcharge that the defendant is required to pay.
  • The total amount of the surcharge is assessed at the conclusion of all proceedings relating to the civil action.
  • The Act applies and is interpreted to abrogate the holding establishing punitive damages criteria in Owens-Illinois, Inc. v. Zenobia, 325 Md. 420 (1992).
  • The Act applies only prospectively to actions for punitive damages filed on or after the effective date.
  • The Act takes effect on October 1, 2026.

Frequently Asked Questions

What standard of proof is required to win punitive damages under this bill?
The plaintiff must prove by clear and convincing evidence that the defendant acted with .
Does the 50% surcharge reduce the money awarded to the plaintiff?
No. The surcharge is an additional payment made to the State that does not impact or reduce the total amount of the defendant is ordered to pay the plaintiff.
Who collects the surcharge, and where does the money go?
The State Court Administrator assesses and collects the surcharge, depositing the money into the Blueprint for Maryland’s Future Fund.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently filed. The next step in the legislative lifecycle is Committee.

Procedural history

2 actions
  1. Feb 12, 2026Senate
    Hearing 3/11 at 1:00 p.m.
  2. Feb 6, 2026SenateIntroduced
    First Reading Judicial Proceedings

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift99% confidence

Abrogation of Owens-Illinois v. Zenobia

Section 2 explicitly states legislative intent to abrogate the holding establishing punitive damages criteria in Owens-Illinois, Inc. v. Zenobia.

Connected Entities

State Court Administrator, Blueprint for Maryland's Future Fund
OrganizationState Court Administrator“Official responsible for assessing and collecting the surcharge”Map →
OrganizationBlueprint for Maryland's Future Fund“Recipient fund for the punitive damages surcharge”Map →

Sources

Open source document

mgaleg.maryland.gov

Analysis Score

0–100
  • Significance65
    How much this matters to a regular citizen
  • Controversy60
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz35
    Current news / social attention level

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