EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0571*
HOUSE BILL 571
N1 2lr0305
CF SB 279
By: Delegate Rosenberg
Introduced and read first time: January 31, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Access to Counsel in Evictions Special Fund – Alteration 2
FOR the purpose of altering the contents of the Access to Counsel in Evictions Special Fund 3
to include money received by the Division of Consumer Protection in the Office of the 4
Attorney General from a settlement, an agreement, or a judgment relating to a 5
certain investigation or enforcement of the Maryland Consumer Protection Act, 6
excluding money received by the aggrieved party and certain costs the Attorney 7
General is entitled to recover; and generally relating to the Access to Counsel in 8
Evictions Special Fund. 9
BY repealing and reenacting, without amendments, 10
Article – Real Property 11
Section 8–903 and 8–909(a) and (b) 12
Annotated Code of Maryland 13
(2015 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Real Property 16
Section 8–909(e) 17
Annotated Code of Maryland 18
(2015 Replacement Volume and 2021 Supplement) 19
Preamble 20
WHEREAS, The Cigarette Restitution Fund receives all revenues received by the 21
State from any source resulting, directly or indirectly, from any judgment against or 22
settlement with tobacco product manufacturers, tobacco research associations, or any other 23
person in the tobacco industry relating to litigation, administrative proceedings, or any 24
other claims made or prosecuted by the State to recover damages for violations of State law; 25
and 26
2 HOUSE BILL 571
WHEREAS, The Opioid Restitution Fund receives all revenues received by the State 1
from any source resulting, directly or indirectly, from any judgment against or settlement 2
with opioid manufacturers, opioid research associations, or any other person in the opioid 3
industry, relating to any claims made or prosecuted by the State to recover damages for 4
violations of State law; and 5
WHEREAS, An administrative law judge has found that violations of the consumer 6
protection law by Westminster Management and the company JK2 were “widespread and 7
numerous”, with a final order by the Consumer Protection Division pending; now, therefore, 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Real Property 11
8–903. 12
(a) There is an Access to Counsel in Evictions Program administered by MLSC. 13
(b) The purpose of the Program is to organize and direct services and resources 14
in order to provide all covered individuals in the State with access to legal representation 15
as required under this subtitle. 16
8–909. 17
(a) There is an Access to Counsel in Evictions Special Fund. 18
(b) The purpose of the Fund is to provide funding to fully implement access to 19
legal representation in evictions and other related proceedings in the State. 20
(e) The Fund consists of: 21
(1) MONEY RECEIVED BY THE DIVISION OF CONSUMER PROTECTION 22
IN THE OFFICE OF THE ATTORNEY GENERAL FROM ANY SETT LEMENT OR 23
AGREEMENT WITH OR JU DGMENT AGAINST A PAR TY RELATING TO AN 24
INVESTIGATION OR ENF ORCEMENT OF THE MARYLAND CONSUMER PROTECTION 25
ACT FOR AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE FOR RENTAL 26
RESIDENTIAL PROPERTY , EXCLUDING ANY MONEY RECEIVED BY TH E AGGRIEVED 27
PARTY AND THE COSTS OF THE ACTION THE ATTORNEY GENERAL IS ENTITLED T O 28
RECOVER; 29
(2) Money appropriated in the State budget to the Fund; 30
[(2)] (3) Interest earnings of the Fund; and 31
[(3)] (4) Any other money from any other source accepted for the benefit 32 HOUSE BILL 571 3
of the Fund. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 2
1, 2022. 3