MD
Maryland Senate Bill SB86

Maryland 2022 Regular Session

Maryland Senate Bill SB86 Compare Versions

OldNewDifferences
1- LAWRENCE J. HOGAN, JR., Governor Ch. 590
21
3-– 1 –
4-Chapter 590
5-(Senate Bill 86)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0086*
810
9-Department of Natural Resources – Lease Agreements – Trail Access Provision
11+SENATE BILL 86
12+M1, P2 (2lr1017)
13+ENROLLED BILL
14+— Education, Health, and Environmental Affairs/Environment and Transportation —
15+Introduced by Senator Hester
1016
11-FOR the purpose of requiring certain leases executed by the Department of Natural
12-Resources to include a provision relating to the access of to trail heads by certain
13-users; requiring the Secretary of Natural Resources to submit a certain annual
14-report to the Department of General Services; and generally relating to leases
15-executed by the Department of Natural Resources.
17+Read and Examined by Proofreaders:
1618
17-BY repealing and reenacting, with amendments,
18- Article – State Finance and Procurement
19-Section 10–305(e)
20- Annotated Code of Maryland
21- (2021 Replacement Volume)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2223
23- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
24-That the Laws of Maryland read as follows:
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2525
26-Article – State Finance and Procurement
26+_______ day of _______________ at ________________________ o’clock, ________M.
2727
28-10–305.
28+______________________________________________
29+President.
2930
30- (e) (1) Whenever any unit of the State government leases any State–owned
31-property under its jurisdiction and control to any State employee, agent, or servant, or to
32-any other individual in State service, for the purpose of permitting the individual to
33-maintain a residence on or in the property, the lease shall be:
31+CHAPTER ______
3432
35- (i) executed by the unit; and
33+AN ACT concerning 1
3634
37- (ii) approved by the Secretary of General Services.
35+Department of Natural Resources – Lease Agreements – Trail Access Provision 2
3836
39- (2) The lease is not valid unless the Secretary of General Services approves
40-it.
37+FOR the purpose of requiring certain leases executed by the Department of Natural 3
38+Resources to include a provision relating to the access of to trail heads by certain 4
39+users; requiring the Secretary of Natural Resources to submit a certain annual 5
40+report to the Department of General Services; and generally relating to leases 6
41+executed by the Department of Natural Resources. 7
4142
42- (3) Whenever any unit of the State government leases any State–owned
43-property under its jurisdiction and control to any lessee, the lease shall include a provision
44-which prohibits the lessee from assigning or subleasing that property without the prior
45-approval of the Board of Public Works.
43+BY repealing and reenacting, with amendments, 8
44+ Article – State Finance and Procurement 9
45+Section 10–305(e) 10
46+ Annotated Code of Maryland 11
47+ (2021 Replacement Volume) 12
48+ 2 SENATE BILL 86
4649
47- (4) (I) Whenever the State Highway Administration leases any
48-State–owned property under its jurisdiction and control to any person, the Administrator
49-of the State Highway Administration may execute the lease if: Ch. 590 2022 LAWS OF MARYLAND
5050
51-– 2 –
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
5253
53- [(i)] 1. the lease is entered into on a 30–day renewable basis; and
54+Article – State Finance and Procurement 3
5455
55- [(ii)] 2. the duration of the tenancy does not exceed 1 year.
56+10–305. 4
5657
57- [(5)] (II) At least twice each year, the Administrator of the State Highway
58-Administration shall submit a report of the leases executed under the authority granted in
59-SUBPARAGRAPH (I) OF THIS paragraph [(4) of this subsection] to the Board of Public
60-Works.
58+ (e) (1) Whenever any unit of the State government leases any State–owned 5
59+property under its jurisdiction and control to any State employee, agent, or servant, or to 6
60+any other individual in State service, for the purpose of permitting the individual to 7
61+maintain a residence on or in the property, the lease shall be: 8
6162
62- (5) (I) WHENEVER THE DEPARTMENT OF NATURAL RESOURCES
63-LEASES ANY STATE–OWNED PROPERTY UNDER ITS JURISDICTION AND CONTROL TO
64-ANY LESSEE, THE LEASE SHALL INCL UDE A PROVISION THAT REQUIRES THE LESSEE
65-TO:
63+ (i) executed by the unit; and 9
6664
67- 1. MAINTAIN A BORDER AROUND THE PROPERTY
68-SUFFICIENT TO ALL OW UNOBSTRUCTED ACCESS TO TRAIL HEADS BY TR AIL USERS
69-AND FIRST RESPONDERS ; AND
65+ (ii) approved by the Secretary of General Services. 10
7066
71- 2. ENSURE THAT THE BORDER REQUIRED UNDE R ITEM 1
72-OF THIS SUBPARAGRAPH REMAINS TRAIL HEADS REMAIN FREE OF OBSTRUCTIONS
73-AT ALL TIMES.
67+ (2) The lease is not valid unless the Secretary of General Services approves 11
68+it. 12
7469
75- (II) AT LEAST ONCE EACH YE AR, THE SECRETARY OF NATURAL
76-RESOURCES SHALL SUBMI T A REPORT OF ALL LE ASES EXECUTED BY THE
77-DEPARTMENT OF NATURAL RESOURCES TO THE DEPARTMENT OF GENERAL
78-SERVICES.
70+ (3) Whenever any unit of the State government leases any State–owned 13
71+property under its jurisdiction and control to any lessee, the lease shall include a provision 14
72+which prohibits the lessee from assigning or subleasing that property without the prior 15
73+approval of the Board of Public Works. 16
7974
80- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
81-October 1, 2022.
75+ (4) (I) Whenever the State Highway Administration leases any 17
76+State–owned property under its jurisdiction and control to any person, the Administrator 18
77+of the State Highway Administration may execute the lease if: 19
8278
83-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
79+ [(i)] 1. the lease is entered into on a 30–day renewable basis; and 20
80+
81+ [(ii)] 2. the duration of the tenancy does not exceed 1 year. 21
82+
83+ [(5)] (II) At least twice each year, the Administrator of the State Highway 22
84+Administration shall submit a report of the leases executed under the authority granted in 23
85+SUBPARAGRAPH (I) OF THIS paragraph [(4) of this subsection] to the Board of Public 24
86+Works. 25
87+
88+ (5) (I) WHENEVER THE DEPARTMENT OF NATURAL RESOURCES 26
89+LEASES ANY STATE–OWNED PROPERTY UNDER ITS JURISDICTION AND CONTROL TO 27
90+ANY LESSEE, THE LEASE SHALL INCL UDE A PROVISION THAT REQUIRES THE LESSEE 28
91+TO: 29
92+
93+ 1. MAINTAIN A BORDER AROUND THE PROPERTY 30
94+SUFFICIENT TO ALL OW UNOBSTRUCTED ACCESS TO TRAIL HEADS BY TR AIL USERS 31
95+AND FIRST RESPONDERS ; AND 32
96+ SENATE BILL 86 3
97+
98+
99+ 2. ENSURE THAT THE BORDER REQUIRED UNDE R ITEM 1 1
100+OF THIS SUBPARAGRAPH REMAINS TRAIL HEADS REMAIN FREE OF OBSTRUCTIONS 2
101+AT ALL TIMES. 3
102+
103+ (II) AT LEAST ONCE EACH YE AR, THE SECRETARY OF NATURAL 4
104+RESOURCES SHALL SUBMI T A REPORT OF ALL LE ASES EXECUTED BY THE 5
105+DEPARTMENT OF NATURAL RESOURCES TO THE DEPARTMENT OF GENERAL 6
106+SERVICES. 7
107+
108+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
109+October 1, 2022. 9
110+
111+
112+
113+
114+Approved:
115+________________________________________________________________________________
116+ Governor.
117+________________________________________________________________________________
118+ President of the Senate.
119+________________________________________________________________________________
120+ Speaker of the House of Delegates.