EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
*sb0086*
SENATE BILL 86
M1, P2 2lr1017
(PRE–FILED) CF 2lr3154
By: Senator Hester
Requested: October 28, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
Committee Report: Favorable
Senate action: Adopted
Read second time: February 8, 2022
CHAPTER ______
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 2 SENATE BILL 86
any other individual in State service, for the purpose of permitting the individual to 1
maintain a residence on or in the property, the lease shall be: 2
(i) executed by the unit; and 3
(ii) approved by the Secretary of General Services. 4
(2) The lease is not valid unless the Secretary of General Services approves 5
it. 6
(3) Whenever any unit of the State government leases any State–owned 7
property under its jurisdiction and control to any lessee, the lease shall include a provision 8
which prohibits the lessee from assigning or subleasing that property without the prior 9
approval of the Board of Public Works. 10
(4) (I) Whenever the State Highway Admin istration leases any 11
State–owned property under its jurisdiction and control to any person, the Administrator 12
of the State Highway Administration may execute the lease if: 13
[(i)] 1. the lease is entered into on a 30–day renewable basis; and 14
[(ii)] 2. the duration of the tenancy does not exceed 1 year. 15
[(5)] (II) At least twice each year, the Administrator of the State Highway 16
Administration shall submit a report of the leases executed under the authority granted in 17
SUBPARAGRAPH (I) OF THIS paragraph [(4) of this subsection] to the Board of Public 18
Works. 19
(5) (I) WHENEVER THE DEPARTMENT OF NATURAL RESOURCES 20
LEASES ANY STATE–OWNED PROPERTY UNDER ITS JURISDICTI ON AND CONTROL TO 21
ANY LESSEE, THE LEASE SHALL INCL UDE A PROVISION THAT REQ UIRES THE LESSEE 22
TO: 23
1. MAINTAIN A BORDER AR OUND THE PROPERTY 24
SUFFICIENT TO ALLOW UNOBSTRUCTED ACCESS TO TRAIL HEADS BY TR AIL USERS 25
AND FIRST RESPONDERS ; AND 26
2. ENSURE THAT THE BORDER REQUIRED UNDER ITEM 1 27
OF THIS SUBPARAGRAPH REMAINS FREE OF OBST RUCTIONS AT ALL TIME S. 28
(II) AT LEAST ONCE EACH YE AR, THE SECRETARY OF NATURAL 29
RESOURCES SHALL SUBMI T A REPORT OF ALL LE ASES EXECUTED BY THE 30
DEPARTMENT OF NATURAL RESOURCES TO THE DEPARTMENT OF GENERAL 31
SERVICES. 32
SENATE BILL 86 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2022. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.