MD
Maryland House Bill HB571

Maryland 2022 Regular Session

Maryland House Bill HB571 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 20
21
3-– 1 –
4-Chapter 20
5-(House Bill 571)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0571*
89
9-Access to Counsel in Evictions Special Fund – Alteration
10+HOUSE BILL 571
11+N1 2lr0305
12+ CF SB 279
13+By: Delegate Rosenberg
14+Introduced and read first time: January 31, 2022
15+Assigned to: Judiciary
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 9, 2022
1019
11-FOR the purpose of altering the contents of the Access to Counsel in Evictions Special Fund
12-to include money received by the Division of Consumer Protection in the Office of the
13-Attorney General from a final settlement, an agreement, or a judgment relating to a
14-certain investigation or enforcement of the Maryland Consumer Protection Act,
15-excluding money received by the aggrieved party restitution and certain costs the
16-Attorney General is entitled to recover; and generally relating to the Access to
17-Counsel in Evictions Special Fund.
20+CHAPTER ______
1821
19-BY repealing and reenacting, without amendments,
20- Article – Real Property
21-Section 8–903 and 8–909(a) and (b)
22- Annotated Code of Maryland
23- (2015 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2423
25-BY repealing and reenacting, with amendments,
26- Article – Real Property
27-Section 8–909(e)
28- Annotated Code of Maryland
29- (2015 Replacement Volume and 2021 Supplement)
24+Access to Counsel in Evictions Special Fund – Alteration 2
3025
31-Preamble
26+FOR the purpose of altering the contents of the Access to Counsel in Evictions Special Fund 3
27+to include money received by the Division of Consumer Protection in the Office of the 4
28+Attorney General from a final settlement, an agreement, or a judgment relating to a 5
29+certain investigation or enforcement of the Maryland Consumer Protection Act, 6
30+excluding money received by the aggrieved party restitution and certain costs the 7
31+Attorney General is entitled to recover; and generally relating to the Access to 8
32+Counsel in Evictions Special Fund. 9
3233
33- WHEREAS, The Cigarette Restitution Fund receives all revenues received by the
34-State from any source resulting, directly or indirectly, from any judgment against or
35-settlement with tobacco product manufacturers, tobacco research associations, or any other
36-person in the tobacco industry relating to litigation, administrative proceedings, or any
37-other claims made or prosecuted by the State to recover damages for violations of State law;
38-and
34+BY repealing and reenacting, without amendments, 10
35+ Article – Real Property 11
36+Section 8–903 and 8–909(a) and (b) 12
37+ Annotated Code of Maryland 13
38+ (2015 Replacement Volume and 2021 Supplement) 14
3939
40- WHEREAS, The Opioid Restitution Fund receives all revenues received by the State
41-from any source resulting, directly or indirectly, from any judgment against or settlement
42-with opioid manufacturers, opioid research associations, or any other person in the opioid
43-industry, relating to any claims made or prosecuted by the State to recover damages for
44-violations of State law; and
40+BY repealing and reenacting, with amendments, 15
41+ Article – Real Property 16
42+Section 8–909(e) 17
43+ Annotated Code of Maryland 18
44+ (2015 Replacement Volume and 2021 Supplement) 19
4545
46- WHEREAS, An administrative law judge has found that violations of the consumer
47-protection law by Westminster Management and the company JK2 were “widespread and
48-numerous”, with a final order by the Consumer Protection Division pending; now, therefore,
49- Ch. 20 2022 LAWS OF MARYLAND
46+Preamble 20
47+ 2 HOUSE BILL 571
5048
51-– 2 –
52- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAN D,
53-That the Laws of Maryland read as follows:
5449
55-Article – Real Property
50+ WHEREAS, The Cigarette Restitution Fund receives all revenues received by the 1
51+State from any source resulting, directly or indirectly, from any judgment against or 2
52+settlement with tobacco product manufacturers, tobacco research associations, or any other 3
53+person in the tobacco industry relating to litigation, administrative proceedings, or any 4
54+other claims made or prosecuted by the State to recover damages for violations of State law; 5
55+and 6
5656
57-8–903.
57+ WHEREAS, The Opioid Restitution Fund receives all revenues received by the State 7
58+from any source resulting, directly or indirectly, from any judgment against or settlement 8
59+with opioid manufacturers, opioid research associations, or any other person in the opioid 9
60+industry, relating to any claims made or prosecuted by the State to recover damages for 10
61+violations of State law; and 11
5862
59- (a) There is an Access to Counsel in Evictions Program administered by MLSC.
63+ WHEREAS, An administrative law judge has found that violations of the consumer 12
64+protection law by Westminster Management and the company JK2 were “widespread and 13
65+numerous”, with a final order by the Consumer Protection Division pending; now, therefore, 14
6066
61- (b) The purpose of the Program is to organize and direct services and resources
62-in order to provide all covered individuals in the State with access to legal representation
63-as required under this subtitle.
67+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MAR YLAND, 15
68+That the Laws of Maryland read as follows: 16
6469
65-8–909.
70+Article – Real Property 17
6671
67- (a) There is an Access to Counsel in Evictions Special Fund.
72+8–903. 18
6873
69- (b) The purpose of the Fund is to provide funding to fully implement access to
70-legal representation in evictions and other related proceedings in the State.
74+ (a) There is an Access to Counsel in Evictions Program administered by MLSC. 19
7175
72- (e) The Fund consists of:
76+ (b) The purpose of the Program is to organize and direct services and resources 20
77+in order to provide all covered individuals in the State with access to legal representation 21
78+as required under this subtitle. 22
7379
74- (1) MONEY RECEIVED BY THE DIVISION OF CONSUMER PROTECTION
75-IN THE OFFICE OF THE ATTORNEY GENERAL FROM ANY FINAL SETTLEMENT OR
76-AGREEMENT WITH OR JU DGMENT AGAINST A PAR TY RELATING TO AN
77-INVESTIGATION OR ENF ORCEMENT OF THE MARYLAND CONSUMER PROTECTION
78-ACT FOR AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE FOR RENTAL
79-RESIDENTIAL PROPERTY , EXCLUDING ANY MONEY RECEIVED B Y THE AGGRIEVED
80-PARTY RESTITUTION AND THE COSTS OF THE ACTION THE ATTORNEY GENERAL IS
81-ENTITLED TO RECOVER ;
80+8–909. 23
8281
83- (2) Money appropriated in the State budget to the Fund;
82+ (a) There is an Access to Counsel in Evictions Special Fund. 24
8483
85- [(2)] (3) Interest earnings of the Fund; and
84+ (b) The purpose of the Fund is to provide funding to fully implement access to 25
85+legal representation in evictions and other related proceedings in the State. 26
8686
87- [(3)] (4) Any other money from any other source accepted for the benefit
88-of the Fund.
87+ (e) The Fund consists of: 27
8988
90- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
91-1, 2022.
89+ (1) MONEY RECEIVED BY THE DIVISION OF CONSUMER PROTECTION 28
90+IN THE OFFICE OF THE ATTORNEY GENERAL FROM ANY FINAL SETTLEMENT OR 29
91+AGREEMENT WITH OR JU DGMENT AGAINST A PAR TY RELATING TO AN 30
92+INVESTIGATION OR ENF ORCEMENT OF THE MARYLAND CONSUMER PROTECTION 31
93+ACT FOR AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE FOR RENTAL 32
94+RESIDENTIAL PROPERTY , EXCLUDING ANY MONEY RECEIVED B Y THE AGGRIEVED 33 HOUSE BILL 571 3
9295
93-Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.
96+
97+PARTY RESTITUTION AND THE COSTS OF THE ACTION THE ATTORNEY GENERAL IS 1
98+ENTITLED TO RECOVER ; 2
99+
100+ (2) Money appropriated in the State budget to the Fund; 3
101+
102+ [(2)] (3) Interest earnings of the Fund; and 4
103+
104+ [(3)] (4) Any other money from any other source accepted for the benefit 5
105+of the Fund. 6
106+
107+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
108+1, 2022. 8
109+
110+
111+
112+
113+Approved:
114+________________________________________________________________________________
115+ Governor.
116+________________________________________________________________________________
117+ Speaker of the House of Delegates.
118+________________________________________________________________________________
119+ President of the Senate.