MD
Maryland Senate Bill SB756

Maryland 2023 Regular Session

Maryland Senate Bill SB756 Compare Versions

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1- WES MOORE, Governor Ch. 641
21
3-– 1 –
4-Chapter 641
5-(Senate Bill 756)
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+ *sb0756*
89
9-Access to Counsel in Evictions – Funding
10+SENATE BILL 756
11+N1 3lr2629
12+ CF HB 1050
13+By: Senator Guzzone Senators Guzzone, Benson, Elfreth, Hettleman, Jackson,
14+King, Rosapepe, and Zucker
15+Introduced and read first time: February 6, 2023
16+Assigned to: Budget and Taxation
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: March 6, 2023
1020
11-FOR the purpose of making permanent extending a requirement that the Comptroller
12-distribute a certain amount of certain abandoned property funds to the Access to
13-Counsel in Evictions Special Fund through a certain fiscal year; making permanent
14-extending a requirement that the Governor include in the annual budget bill a
15-certain appropriation from the Fund to the Maryland Legal Services Corporation
16-through a certain fiscal year; and generally relating to the Access to Counsel in
17-Evictions Special Fund.
21+CHAPTER ______
1822
19-BY repealing and reenacting, without amendments,
20- Article – Commercial Law
21-Section 17–101(a) and (c)
22- Annotated Code of Maryland
23- (2013 Replacement Volume and 2022 Supplement)
23+AN ACT concerning 1
2424
25-BY repealing and reenacting, with amendments,
26- Article – Commercial Law
27-Section 17–317(a)
28- Annotated Code of Maryland
29- (2013 Replacement Volume and 2022 Supplement)
25+Access to Counsel in Evictions – Funding 2
3026
31-BY repealing and reenacting, with amendments,
32- Article – Real Property
33-Section 8–909
34- Annotated Code of Maryland
35- (2015 Replacement Volume and 2022 Supplement)
27+FOR the purpose of making permanent extending a requirement that the Comptroller 3
28+distribute a certain amount of certain abandoned property funds to the Access to 4
29+Counsel in Evictions Special Fund through a certain fiscal year; making permanent 5
30+extending a requirement that the Governor include in the annual budget bill a 6
31+certain appropriation from the Fund to the Maryland Legal Services Corporation 7
32+through a certain fiscal year; and generally relating to the Access to Counsel in 8
33+Evictions Special Fund. 9
3634
37-BY repealing and reenacting, with amendments,
38- Chapter 40 of the Acts of the General Assembly of 2022
39- Section 2
35+BY repealing and reenacting, without amendments, 10
36+ Article – Commercial Law 11
37+Section 17–101(a) and (c) 12
38+ Annotated Code of Maryland 13
39+ (2013 Replacement Volume and 2022 Supplement) 14
4040
41- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
42-That the Laws of Maryland read as follows:
41+BY repealing and reenacting, with amendments, 15
42+ Article – Commercial Law 16
43+Section 17–317(a) 17
44+ Annotated Code of Maryland 18
45+ (2013 Replacement Volume and 2022 Supplement) 19
4346
44-Article – Commercial Law
47+BY repealing and reenacting, with amendments, 20
48+ Article – Real Property 21 2 SENATE BILL 756
4549
46-17–101.
4750
48- (a) In this title the following words have the meanings indicated.
49- Ch. 641 2023 LAWS OF MARYLAND
51+Section 8–909 1
52+ Annotated Code of Maryland 2
53+ (2015 Replacement Volume and 2022 Supplement) 3
5054
51-– 2 –
52- (c) “Administrator” means the State Comptroller.
55+BY repealing and reenacting, with amendments, 4
56+ Chapter 40 of the Acts of the General Assembly of 2022 5
57+ Section 2 6
5358
54-17–317.
59+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
60+That the Laws of Maryland read as follows: 8
5561
56- (a) (1) (i) All funds received under this title, including the proceeds of the
57-sale of abandoned property under § 17–316 of this subtitle, shall be credited by the
58-Administrator to a special fund.
62+Article – Commercial Law 9
5963
60- (ii) The Administrator shall retain in the special fund at the end of
61-each fiscal year, from the proceeds received, an amount not to exceed $50,000, from which
62-sum the Administrator shall pay any claim allowed under this title.
64+17–101. 10
6365
64- (2) After deducting all costs incurred in administering this title from the
65-remaining net funds the Administrator shall distribute $8,000,000 to the Maryland Legal
66-Services Corporation Fund established under § 11–402 of the Human Services Article.
66+ (a) In this title the following words have the meanings indicated. 11
6767
68- (3) (i) Subject to subparagraph (ii) of this paragraph, the Administrator
69-shall distribute all unclaimed money from judgments of restitution under Title 11, Subtitle
70-6 of the Criminal Procedure Article to the State Victims of Crime Fund established under
71-§ 11–916 of the Criminal Procedure Article to assist victims of crimes and delinquent acts
72-to protect the victims’ rights as provided by law.
68+ (c) “Administrator” means the State Comptroller. 12
7369
74- (ii) If a victim entitled to restitution that has been treated as
75-abandoned property under § 11–614 of the Criminal Procedure Article is located after the
76-money has been distributed under this paragraph, the Administrator shall reduce the next
77-distribution to the State Victims of Crime Fund by the amount recovered by the victim.
70+17–317. 13
7871
79- (4) [For fiscal years 2022 and 2023, after making the distributions required
80-under paragraphs (2) and (3) of this subsection, the Administrator shall distribute $250,000
81-from the remaining net funds to the Tax Clinics for Low–Income Marylanders Fund
82-established under § 1–206 of the Tax – General Article.
72+ (a) (1) (i) All funds received under this title, including the proceeds of the 14
73+sale of abandoned property under § 17–316 of this subtitle, shall be credited by the 15
74+Administrator to a special fund. 16
8375
84- (5)] For EACH OF fiscal year YEARS 2024 THROUGH 2027, after] AFTER
85-making the distributions required under paragraphs (2)[,] AND (3)[, and (4)] of this
86-subsection, the Administrator shall distribute $14,000,000 from the remaining net funds to
87-the Access to Counsel in Evictions Special Fund under § 8–909 of the Real Property Article.
76+ (ii) The Administrator shall retain in the special fund at the end of 17
77+each fiscal year, from the proceeds received, an amount not to exceed $50,000, from which 18
78+sum the Administrator shall pay any claim allowed under this title. 19
8879
89- [(6)] (5) After making the distributions required under paragraphs (2),
90-(3), AND (4)[, and (5)] of this subsection, the Administrator shall distribute the remaining
91-net funds not retained under paragraph (1) of this subsection to the General Fund of the
92-State.
80+ (2) After deducting all costs incurred in administering this title from the 20
81+remaining net funds the Administrator shall distribute $8,000,000 to the Maryland Legal 21
82+Services Corporation Fund established under § 11–402 of the Human Services Article. 22
9383
94-Article – Real Property
84+ (3) (i) Subject to subparagraph (ii) of this paragraph, the Administrator 23
85+shall distribute all unclaimed money from judgments of restitution under Title 11, Subtitle 24
86+6 of the Criminal Procedure Article to the State Victims of Crime Fund established under 25
87+§ 11–916 of the Criminal Procedure Article to assist victims of crimes and delinquent acts 26
88+to protect the victims’ rights as provided by law. 27
9589
96-8–909.
97- WES MOORE, Governor Ch. 641
90+ (ii) If a victim entitled to restitution that has been treated as 28
91+abandoned property under § 11–614 of the Criminal Procedure Article is located after the 29
92+money has been distributed under this paragraph, the Administrator shall reduce the next 30
93+distribution to the State Victims of Crime Fund by the amount recovered by the victim. 31
9894
99-– 3 –
100- (a) There is an Access to Counsel in Evictions Special Fund.
95+ (4) [For fiscal years 2022 and 2023, after making the distributions required 32
96+under paragraphs (2) and (3) of this subsection, the Administrator shall distribute $250,000 33 SENATE BILL 756 3
10197
102- (b) The purpose of the Fund is to provide funding to fully implement access to
103-legal representation in evictions and other related proceedings in the State.
10498
105- (c) MLSC shall administer the Fund.
99+from the remaining net funds to the Tax Clinics for Low–Income Marylanders Fund 1
100+established under § 1–206 of the Tax – General Article. 2
106101
107- (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
108-the State Finance and Procurement Article.
102+ (5)] For EACH OF fiscal year YEARS 2024 THROUGH 2027, after] AFTER 3
103+making the distributions required under paragraphs (2)[,] AND (3)[, and (4)] of this 4
104+subsection, the Administrator shall distribute $14,000,000 from the remaining net funds to 5
105+the Access to Counsel in Evictions Special Fund under § 8–909 of the Real Property Article. 6
109106
110- (2) The State Treasurer shall hold the Fund separately, and the
111-Comptroller shall account for the Fund.
107+ [(6)] (5) After making the distributions required under paragraphs (2), 7
108+(3), AND (4)[, and (5)] of this subsection, the Administrator shall distribute the remaining 8
109+net funds not retained under paragraph (1) of this subsection to the General Fund of the 9
110+State. 10
112111
113- (e) The Fund consists of:
112+Article – Real Property 11
114113
115- (1) Money received by the Division of Consumer Protection in the Office of
116-the Attorney General from any final settlement or agreement with or judgment against a
117-party relating to an investigation or enforcement of the Maryland Consumer Protection Act
118-for an unfair, abusive, or deceptive trade practice for rental residential property, excluding
119-any restitution and the costs of the action the Attorney General is entitled to recover;
114+8–909. 12
120115
121- (2) Money appropriated in the State budget to the Fund;
116+ (a) There is an Access to Counsel in Evictions Special Fund. 13
122117
123- (3) Money distributed to the Fund under § 17–317 of the Commercial Law
124-Article;
118+ (b) The purpose of the Fund is to provide funding to fully implement access to 14
119+legal representation in evictions and other related proceedings in the State. 15
125120
126- (4) Interest earnings of the Fund; and
121+ (c) MLSC shall administer the Fund. 16
127122
128- (5) Any other money from any other source accepted for the benefit of the
129-Fund.
123+ (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 17
124+the State Finance and Procurement Article. 18
130125
131- (f) The Fund may be used only for:
126+ (2) The State Treasurer shall hold the Fund separately, and the 19
127+Comptroller shall account for the Fund. 20
132128
133- (1) Services provided by a designated organization or activity by a
134-community group to implement the Program as provided in this subtitle, including all costs
135-associated with required legal representation in any proceeding and any outreach and
136-education activities;
129+ (e) The Fund consists of: 21
137130
138- (2) If a local jurisdiction enacts a program authorized under this subtitle,
139-services provided by the local jurisdiction to implement access to counsel in eviction
140-proceedings as provided for in this subtitle, including all costs associated with required
141-legal representation in any proceeding and any outreach and education activities;
131+ (1) Money received by the Division of Consumer Protection in the Office of 22
132+the Attorney General from any final settlement or agreement with or judgment against a 23
133+party relating to an investigation or enforcement of the Maryland Consumer Protection Act 24
134+for an unfair, abusive, or deceptive trade practice for rental residential property, excluding 25
135+any restitution and the costs of the action the Attorney General is entitled to recover; 26
142136
143- (3) Administrative expenses of MLSC; and
137+ (2) Money appropriated in the State budget to the Fund; 27
144138
145- (4) Expenses related to the study and evaluation of: Ch. 641 2023 LAWS OF MARYLAND
139+ (3) Money distributed to the Fund under § 17–317 of the Commercial Law 28
140+Article; 29
146141
147-– 4 –
142+ (4) Interest earnings of the Fund; and 30
148143
149- (i) Services and activities provided under this subtitle; and
144+ (5) Any other money from any other source accepted for the benefit of the 31
145+Fund. 32 4 SENATE BILL 756
150146
151- (ii) Funding amounts and sources necessary to fully effectuate
152-access to counsel in eviction proceedings.
153147
154- (g) (1) The State Treasurer shall invest the money of the Fund in the same
155-manner as other State money may be invested.
156148
157- (2) Any interest earnings of the Fund shall be credited to the Fund.
149+ (f) The Fund may be used only for: 1
158150
159- (h) (1) Expenditures from the Fund may be made only in accordance with the
160-State budget.
151+ (1) Services provided by a designated organization or activity by a 2
152+community group to implement the Program as provided in this subtitle, including all costs 3
153+associated with required legal representation in any proceeding and any outreach and 4
154+education activities; 5
161155
162- (2) For EACH OF fiscal year YEARS [2024 THROUGH 2027], the Governor
163-shall include in the annual budget bill an appropriation of $14,000,000 from the Fund to
164-MLSC.
156+ (2) If a local jurisdiction enacts a program authorized under this subtitle, 6
157+services provided by the local jurisdiction to implement access to counsel in eviction 7
158+proceedings as provided for in this subtitle, including all costs associated with required 8
159+legal representation in any proceeding and any outreach and education activities; 9
165160
166- (i) Money expended from the Fund is supplemental to and is not intended to take
167-the place of funding that otherwise would be appropriated for civil legal services from any
168-other source.
161+ (3) Administrative expenses of MLSC; and 10
169162
170-Chapter 40 of the Acts of 2022
163+ (4) Expenses related to the study and evaluation of: 11
171164
172- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
173-1, 2022. [It shall remain effective for a period of 2 years and 6 months and, at the end of
174-December 31, 2024, this Act, with no further action required by the General Assembly, shall
175-be abrogated and of no further force and effect.]
165+ (i) Services and activities provided under this subtitle; and 12
176166
177- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
178-1, 2023.
167+ (ii) Funding amounts and sources necessary to fully effectuate 13
168+access to counsel in eviction proceedings. 14
179169
180-Approved by the Governor, May 16, 2023.
170+ (g) (1) The State Treasurer shall invest the money of the Fund in the same 15
171+manner as other State money may be invested. 16
172+
173+ (2) Any interest earnings of the Fund shall be credited to the Fund. 17
174+
175+ (h) (1) Expenditures from the Fund may be made only in accordance with the 18
176+State budget. 19
177+
178+ (2) For EACH OF fiscal year YEARS [2024 THROUGH 2027], the Governor 20
179+shall include in the annual budget bill an appropriation of $14,000,000 from the Fund to 21
180+MLSC. 22
181+
182+ (i) Money expended from the Fund is supplemental to and is not intended to take 23
183+the place of funding that otherwise would be appropriated for civil legal services from any 24
184+other source. 25
185+
186+Chapter 40 of the Acts of 2022 26
187+
188+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27
189+1, 2022. [It shall remain effective for a period of 2 years and 6 months and, at the end of 28
190+December 31, 2024, this Act, with no further action required by the General Assembly, shall 29
191+be abrogated and of no further force and effect.] 30
192+
193+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
194+1, 2023. 32 SENATE BILL 756 5
195+
196+
197+
198+
199+
200+
201+Approved:
202+________________________________________________________________________________
203+ Governor.
204+________________________________________________________________________________
205+ President of the Senate.
206+________________________________________________________________________________
207+ Speaker of the House of Delegates.