EXPLANATION: CAPITALS INDICATE MAT TER 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.
Italics indicate opposite chamber/conference committee amendments.
*sb0086*
SENATE BILL 86
M1, P2 (2lr1017)
ENROLLED BILL
— Education, Health, and Environmental Affairs/Environment and Transportation —
Introduced by Senator Hester
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 to trail heads by certain 4
users; requiring the Secretary of Natural Resources to submit a certain annual 5
report to the Department of General Services; and generally relating to leases 6
executed by the 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
2 SENATE BILL 86
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – State Finance and Procurement 3
10–305. 4
(e) (1) Whenever any unit of the State government leases any State–owned 5
property under its jurisdiction and control to any State employee, agent, or servant, or to 6
any other individual in State service, for the purpose of permitting the individual to 7
maintain a residence on or in the property, the lease shall be: 8
(i) executed by the unit; and 9
(ii) approved by the Secretary of General Services. 10
(2) The lease is not valid unless the Secretary of General Services approves 11
it. 12
(3) Whenever any unit of the State government leases any State–owned 13
property under its jurisdiction and control to any lessee, the lease shall include a provision 14
which prohibits the lessee from assigning or subleasing that property without the prior 15
approval of the Board of Public Works. 16
(4) (I) Whenever the State Highway Administration leases any 17
State–owned property under its jurisdiction and control to any person, the Administrator 18
of the State Highway Administration may execute the lease if: 19
[(i)] 1. the lease is entered into on a 30–day renewable basis; and 20
[(ii)] 2. the duration of the tenancy does not exceed 1 year. 21
[(5)] (II) At least twice each year, the Administrator of the State Highway 22
Administration shall submit a report of the leases executed under the authority granted in 23
SUBPARAGRAPH (I) OF THIS paragraph [(4) of this subsection] to the Board of Public 24
Works. 25
(5) (I) WHENEVER THE DEPARTMENT OF NATURAL RESOURCES 26
LEASES ANY STATE–OWNED PROPERTY UNDER ITS JURISDICTION AND CONTROL TO 27
ANY LESSEE, THE LEASE SHALL INCL UDE A PROVISION THAT REQUIRES THE LESSEE 28
TO: 29
1. MAINTAIN A BORDER AROUND THE PROPERTY 30
SUFFICIENT TO ALL OW UNOBSTRUCTED ACCESS TO TRAIL HEADS BY TR AIL USERS 31
AND FIRST RESPONDERS ; AND 32
SENATE BILL 86 3
2. ENSURE THAT THE BORDER REQUIRED UNDE R ITEM 1 1
OF THIS SUBPARAGRAPH REMAINS TRAIL HEADS REMAIN FREE OF OBSTRUCTIONS 2
AT ALL TIMES. 3
(II) AT LEAST ONCE EACH YE AR, THE SECRETARY OF NATURAL 4
RESOURCES SHALL SUBMI T A REPORT OF ALL LE ASES EXECUTED BY THE 5
DEPARTMENT OF NATURAL RESOURCES TO THE DEPARTMENT OF GENERAL 6
SERVICES. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2022. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.