Maryland 2022 Regular Session

Maryland House Bill HB693 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0693
6	6
7	7	HOUSE BILL 693
8	8	D1 2lr0670
9	9
10	10	By: Delegate Clippinger
11	11	Introduced and read first time: January 31, 2022
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Courts – Surcharges and Payment to Special Funds 2
19	19
20	20	FOR the purpose of increasing certain surcharges on certain fees, charges, and costs in 3
21	21	certain civil cases in the circuit courts and the District Court; requiring that certain 4
22	22	surcharges collected be deposited into the Maryland Legal Services Corporation 5
23	23	Fund and directed to certain special funds in the State; establishing the Rental 6
24	24	Assistance Special Fund as a special, nonlapsing fund; requiring interest earnings 7
25	25	of the Rental Assistance Special Fund to be credited to the Rental Assistance Special 8
26	26	Fund; and generally relating to court surcharges and payment to special funds. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Courts and Judicial Proceedings 11
30	30	Section 7–202(d) and 7–301(c) 12
31	31	Annotated Code of Maryland 13
32	32	(2020 Replacement Volume and 2021 Supplement) 14
33	33
34	34	BY adding to 15
35	35	Article – Real Property 16
36	36	Section 8–219 and 8–220 17
37	37	Annotated Code of Maryland 18
38	38	(2015 Replacement Volume and 2021 Supplement) 19
39	39
40	40	BY repealing and reenacting, without amendments, 20
41	41	Article – State Finance and Procurement 21
42	42	Section 6–226(a)(2)(i) 22
43	43	Annotated Code of Maryland 23
44	44	(2021 Replacement Volume) 24
45	45
46	46	BY repealing and reenacting, with amendments, 25
47	47	Article – State Finance and Procurement 26
48	48	Section 6–226(a)(2)(ii)144. and 145. 27 2 HOUSE BILL 693
49	49
50	50
51	51	Annotated Code of Maryland 1
52	52	(2021 Replacement Volume) 2
53	53
54	54	BY adding to 3
55	55	Article – State Finance and Procurement 4
56	56	Section 6–226(a)(2)(ii)146. 5
57	57	Annotated Code of Maryland 6
58	58	(2021 Replacement Volume) 7
59	59
60	60	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61	61	That the Laws of Maryland read as follows: 9
62	62
63	63	Article – Courts and Judicial Proceedings 10
64	64
65	65	7–202. 11
66	66
67	67	(d) The State Court Administrator, as part of the Administrator’s determination 12
68	68	of the amount of court costs and charges in civil cases, shall assess a surcharge that: 13
69	69
70	70	(1) May not be more than [$55] $85 per case; and 14
71	71
72	72	(2) Shall be deposited into the Maryland Legal Services Corporation Fund 15
73	73	established under § 11–402 of the Human Services Article. 16
74	74
75	75	7–301. 17
76	76
77	77	(c) (1) The filing fees and costs in a civil case are those prescribed by law 18
78	78	subject to modification by law, rule, or administrative regulation. 19
79	79
80	80	(2) The Chief Judge of the District Court shall assess a surcharge that[: 20
81	81
82	82	(i) May] MAY not be more than: 21
83	83
84	84	[1.] (I) [$8] $68 per summary ejectment case, WHICH SHALL 22
85	85	BE DEPOSITED AS FOLL OWS: 23
86	86
87	87	1. $30 INTO THE ACCESS TO COUNSEL IN EVICTIONS 24
88	88	SPECIAL FUND; 25
89	89
90	90	2. $30 INTO THE RENTAL ASSISTANCE SPECIAL FUND; 26
91	91	and 27
92	92
93	93	3. $8 INTO THE MARYLAND LEGAL SERVICES 28
94	94	CORPORATION FUND ESTABLISHED UNDE R § 11–402 OF THE HUMAN SERVICES 29
95	95	ARTICLE; AND 30
96	96	HOUSE BILL 693 3
97	97
98	98
99	99	[2.] (II) [$18] $28 per case for all other civil cases, WHICH 1
100	100	SHALL BE DEPOSITED I NTO THE MARYLAND LEGAL SERVICES CORPORATION FUND 2
101	101	ESTABLISHED UNDER § 11–402 OF THE HUMAN SERVICES ARTICLE[; and 3
102	102
103	103	(ii) Shall be deposited into the Maryland Legal Services Corporation 4
104	104	Fund established under § 11–402 of the Human Services Article]. 5
105	105
106	106	(3) (i) In addition to the surcharge assessed under paragraph (2) of this 6
107	107	subsection, the Chief Judge of the District Court shall assess a surcharge that may not be 7
108	108	more than $10 per case for the following cases filed in Baltimore City: 8
109	109
110	110	1. Summary ejectment; 9
111	111
112	112	2. Tenant holding over; 10
113	113
114	114	3. Breach of lease; and 11
115	115
116	116	4. Warrant of restitution. 12
117	117
118	118	(ii) The revenue generated from the surcharge on filing fees collected 13
119	119	by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be: 14
120	120
121	121	1. Remitted quarterly to the Baltimore City Director of 15
122	122	Finance; and 16
123	123
124	124	2. Used to fund the enhancement of sheriff benefits and the 17
125	125	increase in sheriff personnel to enhance the service of domestic violence orders. 18
126	126
127	127	(4) In addition to the surcharge assessed under paragraphs (2) and (3) of 19
128	128	this subsection, the Chief Judge of the District Court shall assess a surcharge that: 20
129	129
130	130	(i) May not be more than: 21
131	131
132	132	1. $3 per summary ejectment case; and 22
133	133
134	134	2. $8 per case for all other civil cases; and 23
135	135
136	136	(ii) Shall be deposited into the Circuit Court Real Property Records 24
137	137	Improvement Fund established under § 13–602 of this article. 25
138	138
139	139	(5) The Court of Appeals may provide by rule for waiver of prepayment of 26
140	140	filing fees and other costs in cases of indigency. 27
141	141
142	142	Article – Real Property 28
143	143
144	144	8–219. 29
145	145	4 HOUSE BILL 693
146	146
147	147
148	148	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 1
149	149	INDICATED. 2
150	150
151	151	(2) “FUND” MEANS THE RENTAL ASSISTANCE SPECIAL FUND. 3
152	152
153	153	(3) “MDEC SYSTEM” MEANS THE SYSTEM OF ELECTRONIC FILING 4
154	154	AND CASE MANAGEMENT ESTABLISHED BY THE MARYLAND COURT OF APPEALS. 5
155	155
156	156	(B) THERE IS A RENTAL ASSISTANCE SPECIAL FUND. 6
157	157
158	158	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 7
159	159	THE PURPOSE OF THE FUND IS TO PROVIDE FUNDING FOR THE MARYLAND 8
160	160	JUDICIARY TO EXPAND T HE MDEC SYSTEM TO ALLOW FOR THE ELECTRONIC 9
161	161	FILING OF ALL LANDLORD–TENANT ACTIONS. 10
162	162
163	163	(2) BEGINNING JULY 1, 2025, OR IF IT OCCURS EARLIER, AT THE TIME 11
164	164	THE MARYLAND JUDICIARY NO LONGER N EEDS THE FUNDING TO EXPAND TH E 12
165	165	MDEC SYSTEM AS PROVIDED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE 13
166	166	PURPOSE OF THE FUND SHALL BE TO PROV IDE FUNDING TO ORGAN IZATIONS THAT 14
167	167	WORK IN THE AREA OF RENTAL ASSISTANCE TO PAY TH E BACK RENT FOR 15
168	168	INDIVIDUALS FACING A POTENTIAL RESIDENTIA L RENTAL PROPERTY EV ICTION. 16
169	169
170	170	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 17
171	171	THE MARYLAND JUDICIARY SHALL ADMIN ISTER THE FUND. 18
172	172
173	173	(2) BEGINNING JULY 1, 2025, OR IF IT OCCURS EARLIER, AT THE TIME 19
174	174	THE MDEC SYSTEM IS EXPANDED A S PROVIDED UNDER SUBSECTION (C)(1) OF THIS 20
175	175	SECTION, THE MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY 21
176	176	DEVELOPMENT SHALL ADMINISTER THE FUND. 22
177	177
178	178	(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 23
179	179	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 24
180	180
181	181	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY, 25
182	182	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 26
183	183
184	184	(F) THE FUND CONSISTS OF : 27
185	185
186	186	(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 28
187	187
188	188	(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 29
189	189	THE BENEFIT OF THE FUND; AND 30
190	190	HOUSE BILL 693 5
191	191
192	192
193	193	(3) INTEREST EARNINGS OF THE FUND. 1
194	194
195	195	(G) (1) THE STATE TREASURER SHALL INVEST THE MON EY OF THE FUND 2
196	196	IN THE SAME MANNER AS OTHER STATE MONEY MAY BE IN VESTED. 3
197	197
198	198	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO 4
199	199	THE FUND. 5
200	200
201	201	(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 6
202	202	WITH THE STATE BUDGET . 7
203	203
204	204	8–220. 8
205	205
206	206	(A) IN THIS SECTION , “MDEC SYSTEM” MEANS THE SYSTEM OF 9
207	207	ELECTRONIC FILING AN D CASE MANAGEMENT ES TABLISHED BY THE MARYLAND 10
208	208	COURT OF APPEALS. 11
209	209
210	210	(B) ON OR BEFORE JULY 1, 2025, ALL LANDLORD –TENANT ACTIONS SHALL 12
211	211	BE FILED ELECTRONICA LLY IN THE MDEC SYSTEM. 13
212	212
213	213	Article – State Finance and Procurement 14
214	214
215	215	6–226. 15
216	216
217	217	(a) (2) (i) Notwithstanding any other provision of law, and unless 16
218	218	inconsistent with a federal law, grant agreement, or other federal requirement or with the 17
219	219	terms of a gift or settlement agreement, net interest on all State money allocated by the 18
220	220	State Treasurer under this section to special funds or accounts, and otherwise entitled to 19
221	221	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 20
222	222	Fund of the State. 21
223	223
224	224	(ii) The provisions of subparagraph (i) of this paragraph do not apply 22
225	225	to the following funds: 23
226	226
227	227	144. the Health Equity Resource Community Reserve Fund; 24
228	228	[and] 25
229	229
230	230	145. the Access to Counsel in Evictions Special Fund; AND 26
231	231
232	232	146. THE RENTAL ASSISTANCE SPECIAL FUND. 27
233	233
234	234	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
235	235	October 1, 2022. 29
236	236