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