Maryland 2022 Regular Session

Maryland House Bill HB1395 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 MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1395
6	6
7	7	HOUSE BILL 1395
8	8	M1, P2 2lr3154
9	9	CF SB 86
10	10	By: Delegate Fraser–Hidalgo
11	11	Introduced and read first time: February 17, 2022
12	12	Assigned to: Rules and Executive Nominations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Department of Natural Resources – Lease Agreements – Trail Access Provision 2
19	19
20	20	FOR the purpose of requiring certain leases executed by the Department of Natural 3
21	21	Resources to include a provision relating to the access of trail heads by certain users; 4
22	22	requiring the Secretary of Natural Resources to submit a certain annual report to 5
23	23	the Department of General Services; and generally relating to leases executed by the 6
24	24	Department of Natural Resources. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – State Finance and Procurement 9
28	28	Section 10–305(e) 10
29	29	Annotated Code of Maryland 11
30	30	(2021 Replacement Volume) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – State Finance and Procurement 15
36	36
37	37	10–305. 16
38	38
39	39	(e) (1) Whenever any unit of the State government leases any State–owned 17
40	40	property under its jurisdiction and control to any State employee, agent, or servant, or to 18
41	41	any other individual in State service, for the purpose of permitting the individual to 19
42	42	maintain a residence on or in the property, the lease shall be: 20
43	43
44	44	(i) executed by the unit; and 21
45	45
46	46	(ii) approved by the Secretary of General Services. 22
47	47
48	48	(2) The lease is not valid unless the Secretary of General Services approves 23 2 HOUSE BILL 1395
49	49
50	50
51	51	it. 1
52	52
53	53	(3) Whenever any unit of the State government leases any State–owned 2
54	54	property under its jurisdiction and control to any lessee, the lease shall include a provision 3
55	55	which prohibits the lessee from assigning or subleasing that property without the prior 4
56	56	approval of the Board of Public Works. 5
57	57
58	58	(4) (I) Whenever the State Highway Administration leases any 6
59	59	State–owned property under its jurisdiction and control to any person, the Administrator 7
60	60	of the State Highway Administration may execute the lease if: 8
61	61
62	62	[(i)] 1. the lease is entered into on a 30–day renewable basis; and 9
63	63
64	64	[(ii)] 2. the duration of the tenancy does not exceed 1 year. 10
65	65
66	66	[(5)] (II) At least twice each year, the Administrator of the State Highway 11
67	67	Administration shall submit a report of the leases executed under the authority granted in 12
68	68	SUBPARAGRAPH (I) OF THIS paragraph [(4) of this subsection] to the Board of Public 13
69	69	Works. 14
70	70
71	71	(5) (I) WHENEVER THE DEPARTMENT OF NATURAL RESOURCES 15
72	72	LEASES ANY STATE–OWNED PROPERTY UNDER ITS JURISDICTION AND CONTROL TO 16
73	73	ANY LESSEE, THE LEASE SHALL INCL UDE A PROVISION THAT REQUIRES THE LESSEE 17
74	74	TO: 18
75	75
76	76	1. MAINTAIN A BORDER AR OUND THE PROPERTY 19
77	77	SUFFICIENT TO ALL OW UNOBSTRUCTED ACCE SS TO TRAIL HEADS BY TRAIL USERS 20
78	78	AND FIRST RESPONDERS ; AND 21
79	79
80	80	2. ENSURE THAT THE BORD ER REQUIRED UNDER IT EM 1 22
81	81	OF THIS SUBPARAGRAPH REMAINS FREE OF OBST RUCTIONS AT ALL TIME S. 23
82	82
83	83	(II) AT LEAST ONCE EACH YE AR, THE SECRETARY OF NATURAL 24
84	84	RESOURCES SHALL SUBMI T A REPORT OF ALL LE ASES EXECUTED BY THE 25
85	85	DEPARTMENT OF NATURAL RESOURCES TO THE DEPARTMENT OF GENERAL 26
86	86	SERVICES. 27
87	87
88	88	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
89	89	October 1, 2022. 29
90	90