EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1224*
HOUSE BILL 1224
C9 4lr3055
HB 838/23 – APP CF SB 953
By: Delegates McCaskill and Henson
Introduced and read first time: February 8, 2024
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Housing – Community Development Program Act – Funding 2
FOR the purpose of requiring the Comptroller to distribute certain funds to the Community 3
Development Program Fund under certain circumstances; repealing a certain 4
provision providing for the construction of the Community Development Program 5
Act; and generally relating to the Community Development Program Act. 6
BY repealing and reenacting, without amendments, 7
Article – Commercial Law 8
Section 17–101(a) and (c) 9
Annotated Code of Maryland 10
(2013 Replacement Volume and 2023 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Commercial Law 13
Section 17–317 14
Annotated Code of Maryland 15
(2013 Replacement Volume and 2023 Supplement) 16
(As enacted by Chapters 495, 496, and 641 of the Acts of the General Assembly of 17
2023) 18
BY repealing and reenacting, with amendments, 19
Article – Housing and Community Development 20
Section 6–606 21
Annotated Code of Maryland 22
(2019 Replacement Volume and 2023 Supplement) 23
BY repealing 24
Chapter 801 of the Acts of the General Assembly of 2018 25
Section 2 26
2 HOUSE BILL 1224
BY repealing 1
Chapter 802 of the Acts of the General Assembly of 2018 2
Section 2 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Commercial Law 6
17–101. 7
(a) In this title the following words have the meanings indicated. 8
(c) “Administrator” means the State Comptroller. 9
17–317. 10
(a) (1) (i) All funds received under this title, including the proceeds of the 11
sale of abandoned property under § 17–316 of this subtitle, shall be credited by the 12
Administrator to a special fund. 13
(ii) The Administrator shall retain in the special fund at the end of 14
each fiscal year, from the proceeds received, an amount not to exceed $50,000, from which 15
sum the Administrator shall pay any claim allowed under this title. 16
(2) After deducting all costs incurred in administering this title from the 17
remaining net funds the Administrator shall distribute: 18
(I) $8,000,000 to the Maryland Legal Services Corporation Fund 19
established under § 11–402 of the Human Services Article; AND 20
(II) $5,000,000 TO THE COMMUNITY DEVELOPMENT PROGRAM 21
FUND ESTABLISHED UNDE R § 6–606 OF THE HOUSING AND COMMUNITY 22
DEVELOPMENT ARTICLE. 23
(3) (i) Subject to subparagraph (ii) of this paragraph, the Administrator 24
shall distribute all unclaimed money from judgments of restitution under Title 11, Subtitle 25
6 of the Criminal Procedure Article to the State Victims of Crime Fund established under 26
§ 11–916 of the Criminal Procedure Article to assist victims of crimes and delinquent acts 27
to protect the victims’ rights as provided by law. 28
(ii) If a victim entitled to restitution that has been treated as 29
abandoned property under § 11–614 of the Criminal Procedure Article is located after the 30
money has been distributed under this paragraph, the Administrator shall reduce the next 31
distribution to the State Victims of Crime Fund by the amount recovered by the victim. 32
HOUSE BILL 1224 3
(4) For each of fiscal years 2024 through 2027, after making the 1
distributions required under paragraphs (2) and (3) of this subsection, the Administrator 2
shall distribute $14,000,000 from the remaining net funds to the Access to Counsel in 3
Evictions Special Fund under § 8–909 of the Real Property Article. 4
(5) After making the distributions required under paragraphs (2), (3), and 5
(4) of this subsection, the Administrator shall distribute the remaining net funds not 6
retained under paragraph (1) of this subsection to the General Fund of the State. 7
(b) (1) Before making the distribution, the Administrator shall record the 8
name and last known address, if any, of the owners of funds so distributed and the type of 9
property which the funds distributed represent. 10
(2) The record shall be available for public inspection during reasonable 11
business hours by any person who claims a legal interest in any property held by the 12
Administrator, provided that the person gives prior notice to the Administrator. 13
Article – Housing and Community Developmen t 14
6–606. 15
(a) There is a Community Development Fund. 16
(b) The purpose of the Fund is to provide financial assistance for community 17
development projects and community development organizations around the State. 18
(c) The Department shall administer the Fund with the assistance of the Board. 19
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 20
the State Finance and Procurement Article. 21
(2) The State Treasurer shall hold the Fund separately, and the 22
Comptroller shall account for the Fund. 23
(e) The Fund consists of: 24
(1) money appropriated in the State budget to the Fund; 25
(2) ANY MONEY DISTRIBUTE D TO THE FUND UNDER § 17–317 OF THE 26
COMMERCIAL LAW ARTICLE; and 27
[(2)] (3) any other money from any other source accepted for the benefit 28
of the Fund. 29
(f) The Fund may be used only for: 30
4 HOUSE BILL 1224
(1) administrative expenses of the Department in administering the 1
Program; and 2
(2) financial assistance for community development projects and 3
community development organizations as provided under § 6–607 of this subtitle. 4
(g) (1) The State Treasurer shall invest the money of the Fund in the same 5
manner as other State money may be invested. 6
(2) Any interest earnings of the Fund shall be credited to the General Fund 7
of the State. 8
(h) Expenditures from the Fund may be made only in accordance with the State 9
budget. 10
(i) Money expended from the Fund for the Program is supplemental to and is not 11
intended to take the place of funding that otherwise would be appropriated for the Program. 12
Chapter 801 of the Acts of 2018 13
[SECTION 2. AND BE IT FURTHER ENACTED, That this Act may not be 14
construed to require the Department of Housing and Community Development to provide 15
staff or operating expenses for the administration of the Community Development Program 16
established under Section 1 of this Act until money is appropriated in the State budget for 17
the Community Development Fund.] 18
Chapter 802 of the Acts of 2018 19
[SECTION 2. AND BE IT FURTHER ENACTED, That this Act may not be 20
construed to require the Department of Housing and Community Development to provide 21
staff or operating expenses for the administration of the Community Development Program 22
established under Section 1 of this Act until money is appropriated in the State budget for 23
the Community Development Fund.] 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25
1, 2024. 26