Maryland 2025 Regular Session

Maryland House Bill HB1546 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 MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1546
6	6
7	7	HOUSE BILL 1546
8	8	P1, P3 EMERGENCY BILL 5lr3640
9	9
10	10	By: Delegates Moon, J. Lewis, Atterbeary, Barnes, Clippinger, Korman,
11	11	Pena–Melnyk, and Wilson
12	12	Introduced and read first time: February 25, 2025
13	13	Assigned to: Rules and Executive Nominations
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Board of Public Works – Central Collection Unit – Delinquent Federal Funds 2
20	20
21	21	FOR the purpose of reserving jurisdiction with respect to certain federal land in the State 3
22	22	under certain conditions; requiring the Central Collection Unit to be responsible for 4
23	23	the collection of certain delinquent federal funds; authorizing the Central Collection 5
24	24	Unit to place liens on certain federal property in the State under certain 6
25	25	circumstances; authorizing the Board of Public Works to determine the federal 7
26	26	government to be delinquent in federal funds owed to the State under certain 8
27	27	circumstances; and generally relating to federal property in the State and delinquent 9
28	28	federal funds. 10
29	29
30	30	BY repealing and reenacting, with amendments, 11
31	31	Article – General Provisions 12
32	32	Section 6–202 13
33	33	Annotated Code of Maryland 14
34	34	(2019 Replacement Volume and 2024 Supplement) 15
35	35
36	36	BY adding to 16
37	37	Article – General Provisions 17
38	38	Section 6–204 18
39	39	Annotated Code of Maryland 19
40	40	(2019 Replacement Volume and 2024 Supplement) 20
41	41
42	42	BY repealing and reenacting, without amendments, 21
43	43	Article – State Finance and Procurement 22
44	44	Section 3–206(a), (b), and (d), 3–302(a)(1), 3–304(b), and 10–101 23
45	45	Annotated Code of Maryland 24
46	46	(2021 Replacement Volume and 2024 Supplement) 25
47	47
48	48	BY adding to 26 2 HOUSE BILL 1546
49	49
50	50
51	51	Article – State Finance and Procurement 1
52	52	Section 3–302(d) and 10–208 2
53	53	Annotated Code of Maryland 3
54	54	(2021 Replacement Volume and 2024 Supplement) 4
55	55
56	56	BY repealing and reenacting, with amendments, 5
57	57	Article – State Finance and Procurement 6
58	58	Section 3–304(a) 7
59	59	Annotated Code of Maryland 8
60	60	(2021 Replacement Volume and 2024 Supplement) 9
61	61
62	62	BY repealing and reenacting, without amendments, 10
63	63	Article – State Government 11
64	64	Section 6–106.1(a) 12
65	65	Annotated Code of Maryland 13
66	66	(2021 Replacement Volume and 2024 Supplement) 14
67	67
68	68	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
69	69	That the Laws of Maryland read as follows: 16
70	70
71	71	Article – General Provisions 17
72	72
73	73	6–202. 18
74	74
75	75	Notwithstanding § 6–201(a) [or], § 6–203, OR § 6–204 of this subtitle, for the 19
76	76	purpose of enforcing the civil or criminal laws of the State, the Governor may enter into an 20
77	77	agreement with the United States to establish full or partial concurrent jurisdiction of the 21
78	78	State and the United States over any land in the State held by the United States. 22
79	79
80	80	6–204. 23
81	81
82	82	FOR DELINQUENT FEDERA L FUNDS AS DETERMINED UNDER § 10–208 OF THE 24
83	83	STATE FINANCE AND PROCUREMENT ARTICLE, THE STATE RESERVES 25
84	84	JURISDICTION WITH RE SPECT TO LAND THAT T HE UNITED STATES OR ANY UNIT OF 26
85	85	THE UNITED STATES LEASES OR OTHE RWISE HOLDS IN THE STATE WHEN THE 27
86	86	FEDERAL GOVERNMENT I S FOUND NOT IN COMPLIANCE WITH C OURT DECISIONS 28
87	87	UPHOLDING FEDERAL CO NGRESSIONALLY APPROVED SPENDING . 29
88	88
89	89	Article – State Finance and Procurement 30
90	90
91	91	3–206. 31
92	92
93	93	(a) The Attorney General is legal adviser to the Department. 32
94	94
95	95	(b) (1) With the advice of the Secretary, the Attorney General shall assign at 33
96	96	least 1 assistant Attorney General to the Central Collection Unit. 34 HOUSE BILL 1546 3
97	97
98	98
99	99
100	100	(2) At the request of the Governor, the Attorney General shall assign to the 1
101	101	Department: 2
102	102
103	103	(i) at least 1 assistant Attorney General; and 3
104	104
105	105	(ii) any other assistant Attorneys General authorized by law to be 4
106	106	assigned to the Department. 5
107	107
108	108	(d) Each assistant Attorney General who is assigned to the Central Collection 6
109	109	Unit shall devote full time to the duties with that Unit and may have no other duties. 7
110	110
111	111	3–302. 8
112	112
113	113	(a) (1) Except as otherwise provided in subsection (b) of this section, 9
114	114	paragraph (2)(ii) of this subsection, or in other law, the Central Collection Unit is 10
115	115	responsible for the collection of each delinquent account or other debt that is owed to the 11
116	116	State or any of its officials or units. 12
117	117
118	118	(D) THE CENTRAL COLLECTION UNIT SHALL BE RESPONS IBLE FOR THE 13
119	119	COLLECTION OF DELINQ UENT FEDERAL FUNDS IN ACCORDANCE WITH § 3–304 OF 14
120	120	THIS SUBTITLE , § 10–208 OF THIS ARTICLE , AND § 6–204 OF THE GENERAL 15
121	121	PROVISIONS ARTICLE. 16
122	122
123	123	3–304. 17
124	124
125	125	(a) In carrying out its responsibilities, the Central Collection Unit may: 18
126	126
127	127	(1) (i) institute, in its name, any action that is available under State 19
128	128	law for collection of a debt or claim; or 20
129	129
130	130	(ii) without suit, settle the debt or claim; 21
131	131
132	132	(2) for all debts or claims collected on or after June 1, 1992: 22
133	133
134	134	(i) in addition to the outstanding principal and interest, assess and 23
135	135	collect from the debtor a fee, which may not exceed 20% of the outstanding principal and 24
136	136	interest, sufficient to cover all collection and administrative costs; and 25
137	137
138	138	(ii) prior to crediting any amount to any agency which refers a debt 26
139	139	for any purpose, withhold a fee sufficient to cover all collection and administrative costs; 27
140	140
141	141	(3) waive or reduce any fee assessed under paragraph (2) of this subsection; 28
142	142	[and] 29
143	143	4 HOUSE BILL 1546
144	144
145	145
146	146	(4) certify a debt or claim and the debtor responsible for the debt or claim 1
147	147	to: 2
148	148
149	149	(i) the Comptroller for income tax refund interception in accordance 3
150	150	with Title 13, Subtitle 9 of the Tax – General Article; and 4
151	151
152	152	(ii) the State Lottery and Gaming Control Agency for State lottery 5
153	153	prize interception in accordance with § 3–307 of this subtitle; AND 6
154	154
155	155	(5) IN THE EVENT OF FEDERAL NONCOMPLIANCE WITH C OURT 7
156	156	DECISIONS UPHOLDING CONGRESSIONALLY APPR OVED SPENDING , AND IN 8
157	157	CONSULTATION WITH THE ATTORNEY GENERAL, PLACE LIENS ON FEDER AL 9
158	158	PROPERTY IN THE STATE. 10
159	159
160	160	(b) In addition to the authority provided under subsection (a) of this section, and 11
161	161	notwithstanding that the Central Collection Unit is a unit of the State government and 12
162	162	that assistant Attorneys General represent the Unit, the Unit may enforce a statutory or 13
163	163	written contractual obligation of a debtor to pay costs in addition to principal, including 14
164	164	collection costs, counsel fees, or interest penalties. 15
165	165
166	166	10–101. 16
167	167
168	168	In this title, “Board” means the Board of Public Works. 17
169	169
170	170	10–208. 18
171	171
172	172	THE BOARD MAY DETERMINE T HE FEDERAL GOVERNMEN T TO BE 19
173	173	DELINQUENT IN FEDERA L FUNDS OWED TO THE STATE IN THE EVENT OF FEDERAL 20
174	174	NONCOMPLIANCE WITH C OURT DECISIONS UPHOL DING CONGRESSIONALLY 21
175	175	APPROVED SPENDING . 22
176	176
177	177	Article – State Government 23
178	178
179	179	6–106.1. 24
180	180
181	181	(a) The General Assembly finds that: 25
182	182
183	183	(1) the federal government’s action or failure to take action may pose a 26
184	184	threat to the health and welfare of the residents of the State; and 27
185	185
186	186	(2) the State should investigate and obtain relief from any arbitrary, 28
187	187	unlawful, or unconstitutional federal action or inaction and prevent such action or inaction 29
188	188	from harming the residents of the State. 30
189	189
190	190	SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 31
191	191	the application of any provision of this Act to any person or circumstance is held invalid for 32 HOUSE BILL 1546 5
192	192
193	193
194	194	any reason in a court of competent jurisdiction, the invalidity does not affect other 1
195	195	provisions or any other application of this Act that can be given effect without the invalid 2
196	196	provision or application, and for this purpose the provisions of this Act are declared 3
197	197	severable. 4
198	198
199	199	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 5
200	200	measure, is necessary for the immediate preservation of the public health or safety, has 6
201	201	been passed by a yea and nay vote supported by three–fifths of all the members elected to 7
202	202	each of the two Houses of the General Assembly, and shall take effect from the date it is 8
203	203	enacted. 9