EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0571*
HOUSE BILL 571
N1 2lr0305
CF SB 279
By: Delegate Rosenberg
Introduced and read first time: January 31, 2022
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2022
CHAPTER ______
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 final 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 restitution and certain costs the 7
Attorney General is entitled to recover; and generally relating to the Access to 8
Counsel in 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
2 HOUSE BILL 571
WHEREAS, The Cigarette Restitution Fund receives all revenues received by the 1
State from any source resulting, directly or indirectly, from any judgment against or 2
settlement with tobacco product manufacturers, tobacco research associations, or any other 3
person in the tobacco industry relating to litigation, administrative proceedings, or any 4
other claims made or prosecuted by the State to recover damages for violations of State law; 5
and 6
WHEREAS, The Opioid Restitution Fund receives all revenues received by the State 7
from any source resulting, directly or indirectly, from any judgment against or settlement 8
with opioid manufacturers, opioid research associations, or any other person in the opioid 9
industry, relating to any claims made or prosecuted by the State to recover damages for 10
violations of State law; and 11
WHEREAS, An administrative law judge has found that violations of the consumer 12
protection law by Westminster Management and the company JK2 were “widespread and 13
numerous”, with a final order by the Consumer Protection Division pending; now, therefore, 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MAR YLAND, 15
That the Laws of Maryland read as follows: 16
Article – Real Property 17
8–903. 18
(a) There is an Access to Counsel in Evictions Program administered by MLSC. 19
(b) The purpose of the Program is to organize and direct services and resources 20
in order to provide all covered individuals in the State with access to legal representation 21
as required under this subtitle. 22
8–909. 23
(a) There is an Access to Counsel in Evictions Special Fund. 24
(b) The purpose of the Fund is to provide funding to fully implement access to 25
legal representation in evictions and other related proceedings in the State. 26
(e) The Fund consists of: 27
(1) MONEY RECEIVED BY THE DIVISION OF CONSUMER PROTECTION 28
IN THE OFFICE OF THE ATTORNEY GENERAL FROM ANY FINAL SETTLEMENT OR 29
AGREEMENT WITH OR JU DGMENT AGAINST A PAR TY RELATING TO AN 30
INVESTIGATION OR ENF ORCEMENT OF THE MARYLAND CONSUMER PROTECTION 31
ACT FOR AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE FOR RENTAL 32
RESIDENTIAL PROPERTY , EXCLUDING ANY MONEY RECEIVED B Y THE AGGRIEVED 33 HOUSE BILL 571 3
PARTY RESTITUTION AND THE COSTS OF THE ACTION THE ATTORNEY GENERAL IS 1
ENTITLED TO RECOVER ; 2
(2) Money appropriated in the State budget to the Fund; 3
[(2)] (3) Interest earnings of the Fund; and 4
[(3)] (4) Any other money from any other source accepted for the benefit 5
of the Fund. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
1, 2022. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.