MD
Maryland Senate Bill SB877

Maryland 2023 Regular Session

Maryland Senate Bill SB877 Compare Versions

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1- WES MOORE, Governor Ch. 50
21
3-– 1 –
4-Chapter 50
5-(Senate Bill 877)
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+ *sb0877*
89
9-Annual Curative Bill
10+SENATE BILL 877
11+P5 EMERGENCY BILL 3lr0622
1012
11-FOR the purpose of generally curing previous Acts of the General Assembly with possible
12-title defects; and generally repealing and reenacting without amendments certain
13-Acts of the General Assembly that may be subject to possible title defects in order to
14-validate those Acts.
13+By: The President (By Request – Department of Legislative Services)
14+Introduced and read first time: February 6, 2023
15+Assigned to: Rules
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: March 3, 2023
1519
16-BY repealing and reenacting, without amendments,
17- Article – Real Property
18-Section 8–909
19- Annotated Code of Maryland
20- (2015 Replacement Volume and 2022 Supplement)
21- (As enacted by Chapter 40 of the Acts of the General Assembly of 2022)
20+CHAPTER ______
2221
23-BY repealing and reenacting, without amendments,
24- Article – Transportation
25-Section 16–301(q)
26- Annotated Code of Maryland
27- (2020 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2823
29- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
30-That the Laws of Maryland read as follows:
24+Annual Curative Bill 2
3125
32-Article – Real Property
26+FOR the purpose of generally curing previous Acts of the General Assembly with possible 3
27+title defects; and generally repealing and reenacting without amendments certain 4
28+Acts of the General Assembly that may be subject to possible title defects in order to 5
29+validate those Acts. 6
3330
34-8–909.
31+BY repealing and reenacting, without amendments, 7
32+ Article – Real Property 8
33+Section 8–909 9
34+ Annotated Code of Maryland 10
35+ (2015 Replacement Volume and 2022 Supplement) 11
36+ (As enacted by Chapter 40 of the Acts of the General Assembly of 2022) 12
3537
36- (a) There is an Access to Counsel in Evictions Special Fund.
38+BY repealing and reenacting, without amendments, 13
39+ Article – Transportation 14
40+Section 16–301(q) 15
41+ Annotated Code of Maryland 16
42+ (2020 Replacement Volume and 2022 Supplement) 17
3743
38- (b) The purpose of the Fund is to provide funding to fully implement access to
39-legal representation in evictions and other related proceedings in the State.
44+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
45+That the Laws of Maryland read as follows: 19
4046
41- (c) MLSC shall administer the Fund.
47+Article – Real Property 20
48+ 2 SENATE BILL 877
4249
43- (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
44-the State Finance and Procurement Article.
4550
46- (2) The State Treasurer shall hold the Fund separately, and the
47-Comptroller shall account for the Fund.
51+8–909. 1
4852
49- (e) The Fund consists of: Ch. 50 2023 LAWS OF MARYLAND
53+ (a) There is an Access to Counsel in Evictions Special Fund. 2
5054
51-– 2 –
55+ (b) The purpose of the Fund is to provide funding to fully implement access to 3
56+legal representation in evictions and other related proceedings in the State. 4
5257
53- (1) Money received by the Division of Consumer Protection in the Office of
54-the Attorney General from any final settlement or agreement with or judgment against a
55-party relating to an investigation or enforcement of the Maryland Consumer Protection Act
56-for an unfair, abusive, or deceptive trade practice for rental residential property, excluding
57-any restitution and the costs of the action the Attorney General is entitled to recover;
58+ (c) MLSC shall administer the Fund. 5
5859
59- (2) Money appropriated in the State budget to the Fund;
60+ (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 6
61+the State Finance and Procurement Article. 7
6062
61- (3) Money distributed to the Fund under § 17–317 of the Commercial Law
62-Article;
63+ (2) The State Treasurer shall hold the Fund separately, and the 8
64+Comptroller shall account for the Fund. 9
6365
64- (4) Interest earnings of the Fund; and
66+ (e) The Fund consists of: 10
6567
66- (5) Any other money from any other source accepted for the benefit of the
67-Fund.
68+ (1) Money received by the Division of Consumer Protection in the Office of 11
69+the Attorney General from any final settlement or agreement with or judgment against a 12
70+party relating to an investigation or enforcement of the Maryland Consumer Protection Act 13
71+for an unfair, abusive, or deceptive trade practice for rental residential property, excluding 14
72+any restitution and the costs of the action the Attorney General is entitled to recover; 15
6873
69- (f) The Fund may be used only for:
74+ (2) Money appropriated in the State budget to the Fund; 16
7075
71- (1) Services provided by a designated organization or activity by a
72-community group to implement the Program as provided in this subtitle, including all costs
73-associated with required legal representation in any proceeding and any outreach and
74-education activities;
76+ (3) Money distributed to the Fund under § 17–317 of the Commercial Law 17
77+Article; 18
7578
76- (2) If a local jurisdiction enacts a program authorized under this subtitle,
77-services provided by the local jurisdiction to implement access to counsel in eviction
78-proceedings as provided for in this subtitle, including all costs associated with required
79-legal representation in any proceeding and any outreach and education activities;
79+ (4) Interest earnings of the Fund; and 19
8080
81- (3) Administrative expenses of MLSC; and
81+ (5) Any other money from any other source accepted for the benefit of the 20
82+Fund. 21
8283
83- (4) Expenses related to the study and evaluation of:
84+ (f) The Fund may be used only for: 22
8485
85- (i) Services and activities provided under this subtitle; and
86+ (1) Services provided by a designated organization or activity by a 23
87+community group to implement the Program as provided in this subtitle, including all costs 24
88+associated with required legal representation in any proceeding and any outreach and 25
89+education activities; 26
8690
87- (ii) Funding amounts and sources necessary to fully effectuate
88-access to counsel in eviction proceedings.
91+ (2) If a local jurisdiction enacts a program authorized under this subtitle, 27
92+services provided by the local jurisdiction to implement access to counsel in eviction 28
93+proceedings as provided for in this subtitle, including all costs associated with required 29
94+legal representation in any proceeding and any outreach and education activities; 30
8995
90- (g) (1) The State Treasurer shall invest the money of the Fund in the same
91-manner as other State money may be invested.
96+ (3) Administrative expenses of MLSC; and 31
97+ SENATE BILL 877 3
9298
93- (2) Any interest earnings of the Fund shall be credited to the Fund.
9499
95- (h) (1) Expenditures from the Fund may be made only in accordance with the
96-State budget.
97- WES MOORE, Governor Ch. 50
100+ (4) Expenses related to the study and evaluation of: 1
98101
99-– 3 –
100- (2) For fiscal year 2024, the Governor shall include in the annual budget
101-bill an appropriation of $14,000,000 from the Fund to MLSC.
102+ (i) Services and activities provided under this subtitle; and 2
102103
103- (i) Money expended from the Fund is supplemental to and is not intended to take
104-the place of funding that otherwise would be appropriated for civil legal services from any
105-other source.
104+ (ii) Funding amounts and sources necessary to fully effectuate 3
105+access to counsel in eviction proceedings. 4
106106
107- DRAFTER’S NOTE:
107+ (g) (1) The State Treasurer shall invest the money of the Fund in the same 5
108+manner as other State money may be invested. 6
108109
109- Error: Function paragraph of bill being cured failed to indicate that § 8–909 of the
110-Real Property Article was being amended.
110+ (2) Any interest earnings of the Fund shall be credited to the Fund. 7
111111
112- Occurred: Chapter 40 (Senate Bill 662) of the Acts of 2022.
112+ (h) (1) Expenditures from the Fund may be made only in accordance with the 8
113+State budget. 9
113114
114-Article – Transportation
115+ (2) For fiscal year 2024, the Governor shall include in the annual budget 10
116+bill an appropriation of $14,000,000 from the Fund to MLSC. 11
115117
116-16–301.
118+ (i) Money expended from the Fund is supplemental to and is not intended to take 12
119+the place of funding that otherwise would be appropriated for civil legal services from any 13
120+other source. 14
117121
118- (q) A person may not engage in any fraudulent or dishonest conduct in the
119-examination or testing process for the issuance or renewal of a driver’s license or moped
120-operator’s permit, including for the driver skills examination, the driver knowledge test, or
121-any required vision or medical examinations.
122+ DRAFTER’S NOTE: 15
122123
123- DRAFTER’S NOTE:
124+ Error: Function paragraph of bill being cured failed to indicate that § 8–909 of the 16
125+Real Property Article was being amended. 17
124126
125- Error: Function paragraph of bill being cured failed to indicate that § 16–301(q) of
126-the Transportation Article was being amended.
127+ Occurred: Chapter 40 (Senate Bill 662) of the Acts of 2022. 18
127128
128- Occurred: Chapters 567 and 568 (House Bill 206 and Senate Bill 465) of the Acts of
129-2022.
129+Article – Transportation 19
130130
131- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
132-measure, is necessary for the immediate preservation of the public health or safety, has
133-been passed by a yea and nay vote supported by three–fifths of all the members elected to
134-each of the two Houses of the General Assembly, and shall take effect from the date it is
135-enacted.
131+16–301. 20
136132
137-Approved by the Governor, April 11, 2023.
133+ (q) A person may not engage in any fraudulent or dishonest conduct in the 21
134+examination or testing process for the issuance or renewal of a driver’s license or moped 22
135+operator’s permit, including for the driver skills examination, the driver knowledge test, or 23
136+any required vision or medical examinations. 24
137+
138+ DRAFTER’S NOTE: 25
139+
140+ Error: Function paragraph of bill being cured failed to indicate that § 16–301(q) of 26
141+the Transportation Article was being amended. 27
142+
143+ Occurred: Chapters 567 and 568 (House Bill 206 and Senate Bill 465) of the Acts of 28
144+2022. 29
145+ 4 SENATE BILL 877
146+
147+
148+ SECTION 2. AND BE IT FURTHER ENACTED, Tha t this Act is an emergency 1
149+measure, is necessary for the immediate preservation of the public health or safety, has 2
150+been passed by a yea and nay vote supported by three–fifths of all the members elected to 3
151+each of the two Houses of the General Assembly, and shall take effect from the date it is 4
152+enacted. 5
153+
154+
155+
156+Approved:
157+________________________________________________________________________________
158+ Governor.
159+________________________________________________________________________________
160+ President of the Senate.
161+________________________________________________________________________________
162+ Speaker of the House of Delegates.