Maryland 2023 Regular Session

Maryland House Bill HB838 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	hb0838
6	6
7	7	HOUSE BILL 838
8	8	C9 3lr2840
9	9	SB 632/19 – B&T CF SB 643
10	10	By: Delegate Henson
11	11	Introduced and read first time: February 9, 2023
12	12	Assigned to: Appropriations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Housing – Community Development Program Act – Funding 2
19	19
20	20	FOR the purpose of requiring the Administrator of a certain abandoned property fund to 3
21	21	distribute certain funds to the Community Development Program Fund under 4
22	22	certain circumstances; altering the contents of the Community Development 5
23	23	Program Fund; repealing a certain provision providing for the construction 6
24	24	concerning the Community Development Program Act; and generally relating to the 7
25	25	Community Development Program Act. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Commercial Law 10
29	29	Section 17–317 11
30	30	Annotated Code of Maryland 12
31	31	(2013 Replacement Volume and 2022 Supplement) 13
32	32
33	33	BY repealing and reenacting, with amendments, 14
34	34	Article – Housing and Community Development 15
35	35	Section 6–606 16
36	36	Annotated Code of Maryland 17
37	37	(2019 Replacement Volume and 2022 Supplement) 18
38	38
39	39	BY repealing 19
40	40	Chapter 801 of the Acts of the General Assembly of 2018 20
41	41	Section 2 21
42	42
43	43	BY repealing 22
44	44	Chapter 802 of the Acts of the General Assembly of 2018 23
45	45	Section 2 24
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
48	48	That the Laws of Maryland read as follows: 26 2 HOUSE BILL 838
49	49
50	50
51	51
52	52	Article – Commercial Law 1
53	53
54	54	17–317. 2
55	55
56	56	(a) (1) (i) All funds received under this title, including the proceeds of the 3
57	57	sale of abandoned property under § 17–316 of this subtitle, shall be credited by the 4
58	58	Administrator to a special fund. 5
59	59
60	60	(ii) The Administrator shall retain in the special fund at the end of 6
61	61	each fiscal year, from the proceeds received, an amount not to exceed $50,000, from which 7
62	62	sum the Administrator shall pay any claim allowed under this title. 8
63	63
64	64	(2) After deducting all costs incurred in administering this title from the 9
65	65	remaining net funds the Administrator shall distribute: 10
66	66
67	67	(I) $8,000,000 to the Maryland Legal Services Corporation Fund 11
68	68	established under § 11–402 of the Human Services Article; AND 12
69	69
70	70	(II) $5,000,000 TO THE COMMUNITY DEVELOPMENT PROGRAM 13
71	71	FUND ESTABLISHED UNDE R § 6–606 OF THE HOUSING AND COMMUNITY 14
72	72	DEVELOPMENT ARTICLE. 15
73	73
74	74	(3) (i) Subject to subparagraph (ii) of this paragraph, the Administrator 16
75	75	shall distribute all unclaimed money from judgments of restitution under Title 11, Subtitle 17
76	76	6 of the Criminal Procedure Article to the State Victims of Crime Fund established under 18
77	77	§ 11–916 of the Criminal Procedure Article to assist victims of crimes and delinquent acts 19
78	78	to protect the victims’ rights as provided by law. 20
79	79
80	80	(ii) If a victim entitled to restitution that has been treated as 21
81	81	abandoned property under § 11–614 of the Criminal Procedure Article is located after the 22
82	82	money has been distributed under this paragraph, the Administrator shall reduce the next 23
83	83	distribution to the State Victims of Crime Fund by the amount recovered by the victim. 24
84	84
85	85	(4) For fiscal years 2022 and 2023, after making the distributions required 25
86	86	under paragraphs (2) and (3) of this subsection, the Administrator shall distribute $250,000 26
87	87	from the remaining net funds to the Tax Clinics for Low–Income Marylanders Fund 27
88	88	established under § 1–206 of the Tax – General Article. 28
89	89
90	90	(5) For fiscal year 2024, after making the distributions required under 29
91	91	paragraphs (2), (3), and (4) of this subsection, the Administrator shall distribute 30
92	92	$14,000,000 from the remaining net funds to the Access to Counsel in Evictions Special 31
93	93	Fund under § 8–909 of the Real Property Article. 32
94	94	HOUSE BILL 838 3
95	95
96	96
97	97	(6) After making the distributions required under paragraphs (2), (3), (4), 1
98	98	and (5) of this subsection, the Administrator shall distribute the remaining net funds not 2
99	99	retained under paragraph (1) of this subsection to the General Fund of the State. 3
100	100
101	101	(b) (1) Before making the distribution, the Administrator shall record the 4
102	102	name and last known address, if any, of the owners of funds so distributed and the type of 5
103	103	property which the funds distributed represent. 6
104	104
105	105	(2) The record shall be available for public inspection during reasonable 7
106	106	business hours by any person who claims a legal interest in any property held by the 8
107	107	Administrator, provided that the person gives prior notice to the Administrator. 9
108	108
109	109	Article – Housing and Community Development 10
110	110
111	111	6–606. 11
112	112
113	113	(a) There is a Community Development Fund. 12
114	114
115	115	(b) The purpose of the Fund is to provide financial assistance for community 13
116	116	development projects and community development organizations around the State. 14
117	117
118	118	(c) The Department shall administer the Fund with the assistance of the Board. 15
119	119
120	120	(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 16
121	121	the State Finance and Procurement Article. 17
122	122
123	123	(2) The State Treasurer shall hold the Fund separately, and the 18
124	124	Comptroller shall account for the Fund. 19
125	125
126	126	(e) The Fund consists of: 20
127	127
128	128	(1) money appropriated in the State budget to the Fund; 21
129	129
130	130	(2) ANY MONEY DISTRIBUTE D TO THE FUND UNDER § 17–317 OF THE 22
131	131	COMMERCIAL LAW ARTICLE; and 23
132	132
133	133	[(2)] (3) any other money from any other source accepted for the benefit 24
134	134	of the Fund. 25
135	135
136	136	(f) The Fund may be used only for: 26
137	137
138	138	(1) administrative expenses of the Department in administering the 27
139	139	Program; and 28
140	140
141	141	(2) financial assistance for community development projects and 29
142	142	community development organizations as provided under § 6–607 of this subtitle. 30
143	143	4 HOUSE BILL 838
144	144
145	145
146	146	(g) (1) The State Treasurer shall invest the money of the Fund in the same 1
147	147	manner as other State money may be invested. 2
148	148
149	149	(2) Any interest earnings of the Fund shall be credited to the General Fund 3
150	150	of the State. 4
151	151
152	152	(h) Expenditures from the Fund may be made only in accordance with the State 5
153	153	budget. 6
154	154
155	155	(i) Money expended from the Fund for the Program is supplemental to and is not 7
156	156	intended to take the place of funding that otherwise would be appropriated for the Program. 8
157	157
158	158	Chapter 801 of the Acts of 2018 9
159	159
160	160	[SECTION 2. AND BE IT FURTHER ENACTED, That this Act may not be 10
161	161	construed to require the Department of Housing and Community Development to provide 11
162	162	staff or operating expenses for the administration of the Community Development Program 12
163	163	established under Section 1 of this Act until money is appropriated in the State budget for 13
164	164	the Community Development Fund.] 14
165	165
166	166	Chapter 802 of the Acts of 2018 15
167	167
168	168	[SECTION 2. AND BE IT FURTHER ENACTED, That this Act may not b e 16
169	169	construed to require the Department of Housing and Community Development to provide 17
170	170	staff or operating expenses for the administration of the Community Development Program 18
171	171	established under Section 1 of this Act until money is appropriated in the State budget for 19
172	172	the Community Development Fund.] 20
173	173
174	174	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 21
175	175	1, 2023. 22