Maryland SB 812: Housing and Community Development - Community Development Program Act

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0812*

SENATE BILL 812
C8, Q6 7lr2597
SB 836/16 – B&T CF HB 1514
By: Senators Madaleno, Ferguson, McFadden, and Smith
Introduced and read first time: February 3, 2017
Assigned to: Budget and Taxation
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 30, 2017

CHAPTER ______

AN ACT concerning 1

Housing and Community Development – Community Development Program Act 2

FOR the purpose of establishing the Community Development Program in the Department 3
of Housing and Community Development; requiring the Department to perform 4
certain duties; establishing the Community Development Board in the Department; 5
providing for the membership and chair of the Board; requiring the Board to perform 6
certain duties; establishing the Community Development Fund as a special, 7
nonlapsing fund; specifying the purpose of the Fund; requiring the Department to 8
administer the Fund; requiring the State Treasurer to hold the Fund and the 9
Comptroller to account for the Fund; specifying the contents of the Fund; specifying 10
the purpose for which the Fund may be used; providing for the investment of money 11
in and expenditures from the Fund; providing for the imposition of the community 12
development transfer fee under certain circumstances; establishing the amount of 13
the community development transfer fee under certain circumstances; exempting 14
certain transfers from the community development transfer fee under certain 15
circumstances; providing for the application of the community development transfer 16
fee to certain corporate transfers; providing for the payment of the community 17
development transfer fee; providing for the distribution of revenue from the 18
community development transfer fee; defining certain terms; and generally relating 19
to the Community Development Program Act. 20

BY adding to 21
Article – Housing and Community Development 22
Section 6–601 through 6–609 to be under the new subtitle “Subtitle 6. Community 23
Development Program Act” 24

2 SENATE BILL 812

Annotated Code of Maryland 1
(2006 Volume and 2016 Supplement) 2

BY adding to 3
Article – Tax – Property 4
Section 13–601 through 13–607 to be under the new subtitle “Subtitle 6. Community 5
Development Transfer Fee” 6
Annotated Code of Maryland 7
(2012 Replacement Volume and 2016 Supplement) 8

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10

Article – Housing and Community Development 11

SUBTITLE 6. COMMUNITY DEVELOPMENT PROGRAM ACT. 12

6–601. 13

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15

(B) “BOARD” MEANS THE COMMUNITY DEVELOPMENT BOARD. 16

(C) “FUND” MEANS THE COMMUNITY DEVELOPMENT FUND. 17

(D) “PROGRAM” MEANS THE COMMUNITY DEVELOPMENT PROGRAM. 18

6–602. 19

(A) THERE IS A COMMUNITY DEVELOPMENT PROGRAM IN THE 20
DEPARTMENT. 21

(B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE FINANCIAL 22
ASSISTANCE FOR COMMUNITY DEVELOPMENT PROJECTS AND COMMUNITY 23
DEVELOPMENT ORGANIZATIONS AROUND THE STATE. 24

6–603. 25

(A) THE DEPARTMENT SHALL: 26

(1) ADMINISTER THE PROGRAM; AND 27

(2) ADOPT REGULATIONS TO CARRY OUT THE PROGRAM. 28

SENATE BILL 812 3

(B) THE DEPARTMENT SHALL ADMINISTER THE FUND, WITH THE 1
ASSISTANCE OF THE BOARD, TO: 2

(1) OPERATE AND PAY EXPENSES OF THE PROGRAM; AND 3

(2) PROVIDE FINANCIAL ASSISTANCE UNDER THE PROGRAM. 4

6–604. 5

(A) THERE IS A COMMUNITY DEVELOPMENT BOARD IN THE PROGRAM. 6

(B) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS: 7

(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 8
PRESIDENT OF THE SENATE; 9

(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 10
SPEAKER OF THE HOUSE; 11

(3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 12

(4) (2) THE FOLLOWING MEMBERS, APPOINTED BY THE 13
GOVERNOR, IN CONSULTATION WITH THE PRESIDENT OF THE SENATE AND THE 14
SPEAKER OF THE HOUSE: 15

(I) ONE REPRESENTATIVE OF THE COMMUNITY 16
DEVELOPMENT NETWORK OF MARYLAND; 17

(II) ONE REPRESENTATIVE OF THE SMALL BUSINESS 18
COMMUNITY; AND 19

(III) ONE REPRESENTATIVE OF THE NONPROFIT DEVELOPMENT 20
COMMUNITY; AND 21

(5) (3) ANY OTHER MEMBERS CONSIDERED APPROPRIATE BY THE 22
SECRETARY. 23

(C) THE SECRETARY SHALL DESIGNATE THE CHAIR OF THE BOARD. 24

(D) (1) THE TERM OF A MEMBER MAY NOT EXCEED 3 YEARS. 25

(2) A MEMBER MAY BE REAPPOINTED. 26

(E) SERVICE AS A MEMBER IS NOT A STATE OFFICE OR STATE EMPLOYMENT 27
FOR PURPOSES OF ANY PROHIBITION AGAINST HOLDING TWO PUBLIC POSITIONS. 28

4 SENATE BILL 812

6–605. 1

THE BOARD SHALL: 2

(1) MAKE RECOMMENDATIONS ON HOW THE FUND IS TO BE USED; 3

(2) PROVIDE A PERIOD OF AT LEAST 30 DAYS FOR PUBLIC COMMENT 4
ON THE RECOMMENDATIONS; AND 5

(3) REPORT ON OR BEFORE DECEM