EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1545*
HOUSE BILL 1545
P1, P3 EMERGENCY BILL 5lr3639
By: Delegates Moon, J. Lewis, Atterbeary, Barnes, Clippinger, Korman,
Pena–Melnyk, and Wilson
Introduced and read first time: February 25, 2025
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Board of Public Works – Comptroller – Delinquent Federal Funds 2
FOR the purpose of authorizing the Comptroller, in consultation with the Board of Public 3
Works, to withhold up to a certain amount of State payments to the federal 4
government under certain conditions; authorizing the Board of Public Works to 5
determine the federal government to be delinquent in federal funds owed to the State 6
under certain circumstances; and generally relating to delinquent federal funds. 7
BY adding to 8
Article – State Finance and Procurement 9
Section 2–109 and 10–208 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – State Finance and Procurement 14
Section 10–101 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2024 Supplement) 17
BY adding to 18
Article – State Government 19
Section 4–115 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – State Finance and Procurement 25 2 HOUSE BILL 1545
2–109. 1
WHEN THE FEDERAL GOVE RNMENT IS FOUND NOT IN COMPLIANCE WITH 2
COURT DECISIONS UPHO LDING FEDERAL CONGRE SSIONALLY APPROVED S PENDING 3
AS PROVIDED IN § 10–208 OF THIS ARTICLE AND § 4–115 OF THE STATE 4
GOVERNMENT ARTICLE, THE COMPTROLLER MAY WITHH OLD STATE PAYMENTS TO 5
THE FEDERAL GOVERNME NT IN AN AMOUNT UP TO THE TOTAL OF DELINQUENT 6
FEDERAL FUNDS . 7
10–101. 8
In this title, “Board” means the Board of Public Works. 9
10–208. 10
THE BOARD MAY DETERMINE T HE FEDERAL GOVERNMEN T TO BE 11
DELINQUENT IN FEDERA L FUNDS OWED TO THE STATE IN THE EVENT OF FEDERAL 12
NONCOMPLIANCE WITH COURT DECISIONS UPHO LDING CONGRESSIONALL Y 13
APPROVED SPENDING . 14
Article – State Government 15
4–115. 16
FOR DELINQUENT FEDERA L FUNDS AS DETERMINE D UNDER § 10–208 OF THE 17
STATE FINANCE AND PROCUREMENT ARTICLE, THE COMPTROLLER , IN 18
CONSULTATION WITH TH E BOARD OF PUBLIC WORKS, MAY WITHHOLD DELINQUENT 19
FEDERAL FUNDS IN ACC ORDANCE WITH § 2–109 OF THE STATE FINANCE AND 20
PROCUREMENT ARTICLE. 21
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 22
the application of any provision of this Act to any person or circumstance is held invalid for 23
any reason in a court of competent jurisdiction, the invalidity does not affect other 24
provisions or any other application of this Act that can be given effect without the invalid 25
provision or application, and for this purpose the provisions of this Act are declared 26
severable. 27
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 28
measure, is necessary for the immediate preservation of the public health or safety, has 29
been passed by a yea and nay vote supported by three–fifths of all the members elected to 30
each of the two Houses of the General Assembly, and shall take effect from the date it is 31
enacted. 32