Maryland 2022 Regular Session

Maryland Senate Bill SB974 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	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	5		sb0974
9	6
10	7		SENATE BILL 974
11	8		P2, N1, M1 2lr3023
12	9
13	10		By: Senator Jennings
14	11		Introduced and read first time: February 15, 2022
15	12		Assigned to: Rules
16		-	Re–referred to: Budget and Taxation, February 25, 2022
17		-	Committee Report: Favorable with amendments
18		-	Senate action: Adopted
19		-	Read second time: March 18, 2022
20	13
21		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
22	15
23	16		AN ACT concerning 1
24	17
25	18		Department of Natural Resources’ Real Property – Exchange With Private Real 2
26	19		Property – Requirement 3
27	20
28		-	FOR the purpose of requiring authorizing the Department of Natural Resources State to 4
29		-	exchange real property owned by the State for the use and benefit of the Department 5
30		-	of Natural Resources with private real property under certain circumstances; and 6
31		-	generally relating to the exchange of real property owned by the State for the use 7
32		-	and benefit of the Department of Natural Resources. 8
	21	+	FOR the purpose of requiring the Department of Natural Resources to exchange real 4
	22	+	property owned by the Department with private real property under certain 5
	23	+	circumstances; and generally relating to the exchange of real property owned by the 6
	24	+	Department of Natural Resources. 7
33	25
34		-	BY repealing and reenacting, with ~~without~~ amendments, 9
35		-	Article – State Finance and Procurement 10
36		-	Section 10–305(a) 11
37		-	Annotated Code of Maryland 12
38		-	(2021 Replacement Volume) 13
	26	+	BY repealing and reenacting, with amendments, 8
	27	+	Article – State Finance and Procurement 9
	28	+	Section 10–305(a) 10
	29	+	Annotated Code of Maryland 11
	30	+	(2021 Replacement Volume) 12
39	31
40		-	BY repealing and reenacting, with amendments, 14
	32	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
	33	+	That the Laws of Maryland read as follows: 14
	34	+
41	35		Article – State Finance and Procurement 15
42		-	Section 10–305(b)(1) 16
43		-	Annotated Code of Maryland 17
44		-	(2021 Replacement Volume) 18
45	36
46		-	BY adding to 19
47		-	Article – State Finance and Procurement 20
48		-	Section 10–305(j) 21 2 SENATE BILL 974
	37	+	10–305. 16
49	38
	39	+	(a) (1) Subject to subsections (b) and (c) of this section, any real or personal 17
	40	+	property of the State or a unit of the State government may be sold, leased, transferred, 18
	41	+	exchanged, granted, or otherwise disposed of: 19
50	42
51		-	~~Annotated Code~~ of ~~Maryland 1~~
52		-	~~(2021~~ ~~Replacement Volume)~~ 2
	43	+	[(1)] (I) to any person, to the United States or any of its units, or to any 20
	44	+	unit of the State government, for a consideration the Board decides is adequate; or 21
53	45
54		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55		-	That the Laws of Maryland read as follows: 4
56		-
57		-	Article – State Finance and Procurement 5
58		-
59		-	10–305. 6
60		-
61		-	(a) (1) Subject to subsections (b) and (c) of this section, any real or personal 7
62		-	property of the State or a unit of the State government may be sold, leased, transferred, 8
63		-	exchanged, granted, or otherwise disposed of: 9
64		-
65		-	[(1)] (I) to any person, to the United States or any of its units, or to any 10
66		-	unit of the State government, for a consideration the Board decides is adequate; or 11
67		-
68		-	[(2)] (II) to any county or municipal corporation in the State subject to any 12
69		-	conditions the Board imposes. 13
70		-
71		-	(2) IF A PROPERTY OWNER R EQUESTS TO EXCHANGE PRIVATE REAL 14
72		-	PROPERTY WITH REAL P ROPERTY OWNED BY THE DEPARTMENT OF NATURAL 15
73		-	RESOURCES, THE DEPARTMENT OF NATURAL RESOURCES SHALL EXCHA NGE ITS 16
74		-	REAL PROPERTY IF : 17
75		-
76		-	(I) THE PRIVATE REAL PRO PERTY IS EQUAL TO OR LARGER 18
77		-	THAN THE SIZE OF THE REAL PROPERTY OWNED BY THE DEPARTMENT OF NATURAL 19
78		-	RESOURCES; 20
79		-
80		-	(II) THE PRIVATE REAL PRO PERTY IS ADJACENT TO REAL 21
81		-	PROPERTY OWNED BY TH E DEPARTMENT OF NATURAL RESOURCES THAT IS 22
82		-	CONTIGUOUS WITH THE REAL PROPERTY THE PR OPERTY OWNER IS REQU ESTING 23
83		-	THAT THE DEPARTMENT OF NATURAL RESOURCES EXCHANGE ; 24
84		-
85		-	(III) THE APPRAISED VALUE OF THE PRIVATE REAL PROPERTY 25
86		-	IS: 26
87		-
88		-	1. EQUAL TO OR LESS THA N $100,000; AND 27
89		-
90		-	2. EQUAL TO OR GREATER THAN THE APPRAISED VAL UE 28
91		-	OF THE REAL PROPERTY OWNED BY THE DEPARTMENT OF NATURAL RESOURCES; 29
92		-	AND 30
93		-
94		-	(IV) THE APPRAISED VALUE OF THE REAL PROPERTY OWNED BY 31
95		-	THE DEPARTMENT OF NATURAL RESOURCES IS EQUAL TO OR LESS THAN $100,000. 32 SENATE BILL 974 3
	46	+	[(2)] (II) to any county or municipal corporation in the State subject to any 22
	47	+	conditions the Board imposes. 23 2 SENATE BILL 974
96	48
97	49
98	50
99		-	(b) (1) (i) Except as provided under subparagraph (ii) of this paragraph, 1
100		-	this subsection applies to the sale, transfer, grant, or exchange of: 2
	51	+	(2) IF A PROPERTY OWNER REQUESTS TO EXCHANGE PRIVATE REAL 1
	52	+	PROPERTY WITH REAL PROPERTY OWNED BY THE DEPARTMENT OF NATURAL 2
	53	+	RESOURCES, THE DEPARTMENT OF NATURAL RESOURCES SHALL EXCHA NGE ITS 3
	54	+	REAL PROPERTY IF: 4
101	55
102		-	1. real property identified under § 5–310(c)(1) of this article; 3
103		-	and 4
	56	+	(I) THE PRIVATE REAL PRO PERTY IS EQUAL TO OR LARGER 5
	57	+	THAN THE SIZE OF THE REAL PROPERTY OW NED BY THE DEPARTMENT OF NATURAL 6
	58	+	RESOURCES; 7
104	59
105		-	2. State–owned real or personal property, funded in 5
106		-	accordance with an appropriation act of the General Assembly, that has an appraised value 6
107		-	over $100,000. 7
	60	+	(II) THE PRIVATE REAL PRO PERTY IS ADJACENT TO REAL 8
	61	+	PROPERTY OWNED BY TH E DEPARTMENT OF NATURAL RESOURCES THAT IS 9
	62	+	CONTIGUOUS WITH THE REAL PROPERTY THE PROPERTY OWNER IS REQUESTING 10
	63	+	THAT THE DEPARTMENT OF NATURAL RESOURCES EXCHANGE ; 11
108	64
109		-	(ii) ~~This subsection does not apply to~~ the ~~following dispositions~~ of 8
110		-	~~property identified in subparagraph (i) of this paragraph~~: 9
	65	+	(III) THE APPRAISED VALUE OF THE PRIVATE REAL PRO PERTY 12
	66	+	IS: 13
111	67
112		-	1. ~~leasing the property~~; ~~[or] 10~~
	68	+	1. EQUAL TO OR LESS THA N $100,000; AND 14
113	69
114		-	2. the sale, transfer, grant, or exchange of a corrective or 11
115		-	access easement on the property; OR 12
	70	+	2. EQUAL TO OR GREATER THAN THE APPRAISED V ALUE 15
	71	+	OF THE REAL PROPERTY OWNED BY THE DEPARTMENT OF NATURAL RESOURCES; 16
	72	+	AND 17
116	73
117		-	~~3. AN EXCHANGE UNDER SU BSECTION~~ (J) OF ~~THIS 13~~
118		-	~~SECTION~~. 14
	74	+	(IV) THE APPRAISED VALUE OF THE REAL PROPERTY OWNED BY 18
	75	+	THE DEPARTMENT OF NATURAL RESOURCES IS EQUAL TO OR LESS THAN $100,000. 19
119	76
120		-	(J) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF AN OWNER 15
121		-	OF REAL PROPERTY REQUESTS TO EXCHANGE THE OWNER’S REAL PROPERTY WITH 16
122		-	REAL PROPERTY OWNED BY THE STATE FOR THE USE AND BENEFIT OF THE 17
123		-	DEPARTMENT OF NATURAL RESOURCES, THE STATE MAY EXCHANGE IT S REAL 18
124		-	PROPERTY FOR THE OWN ER’S REAL PROPERTY IF : 19
125		-
126		-	(I) THE REAL PROPERTY OW NED BY THE STATE DOES NOT 20
127		-	EXCEED 2 ACRES IN SIZE; AND 21
128		-
129		-	(II) THE OWNER REQUESTING THE EXCHANGE PAYS AL L COSTS 22
130		-	ASSOCIATED WITH THE EXCHANGE OF THE REAL PROPERTY, INCLUDING BOUNDARY 23
131		-	RELOCATION , SURVEYING, ENGINEERING , LEGAL FEES, AND RECORDATION COSTS . 24
132		-
133		-	(2) (I) THE BOARD MAY NOT APPROVE AN EXCHANGE UNDER TH IS 25
134		-	SUBSECTION UNLESS : 26
135		-
136		-	1. THE DEPARTMENT OF NATURAL RESOURCES 27
137		-	SUBMITS TO THE LEGISLATIVE POLICY COMMITTEE: 28
138		-
139		-	A. A DESCRIPTION OF THE PROPERTY TO BE 29
140		-	EXCHANGED ; AND 30
141		-
142		-	B. THE JUSTIFICATION FOR TH E EXCHANGE; AND 31 4 SENATE BILL 974
143		-
144		-
145		-
146		-	2. THE LEGISLATIVE POLICY COMMITTEE REVIEWS THE 1
147		-	INFORMATION SUBMITTE D BY THE DEPARTMENT OF NATURAL RESOURCES UNDER 2
148		-	THIS SUBPARAGRAPH AN D: 3
149		-
150		-	A. APPROVES THE PROPOSE D EXCHANGE AND REFER S 4
151		-	THE PROPERTY BACK TO THE BOARD FOR FINAL DISPO SITION; OR 5
152		-
153		-	B. REFERS THE PROPOSED EXCHANGE TO THE FULL 6
154		-	GENERAL ASSEMBLY AND NOTIFIES THE BOARD OF THE REFERRAL . 7
155		-
156		-	(II) IF THE LEGISLATIVE POLICY COMMITTEE FAILS TO TA KE 8
157		-	ANY ACTION UNDER SUB PARAGRAPH (I)2 OF THIS PARAGRAPH WI THIN 45 DAYS 9
158		-	AFTER RECEIVING THE INFORMATION SUBMITTE D UNDER SUBPARAGRAPH (I)1 OF 10
159		-	THIS PARAGRAPH , THE PROPOSED EXCHANG E SHALL BE DEEMED : 11
160		-
161		-	1. APPROVED BY THE COMMITTEE; AND 12
162		-
163		-	2. REFERRED TO THE BOARD FOR FINAL DISPO SITION. 13
164		-
165		-	(III) 1. IF THE LEGISLATIVE POLICY COMMITTEE REFERS 14
166		-	THE PROPOSED EXCHANG E OF REAL PROPERTY T O THE FULL GENERAL ASSEMBLY, 15
167		-	THE PROPOSED EXCHANG E MAY NOT BE APPROVE D BY THE BOARD UNLESS IT IS 16
168		-	APPROVED BY THE PASS AGE OF LEGISLATION D URING THE NEXT LEGIS LATIVE 17
169		-	SESSION OF THE GENERAL ASSEMBLY. 18
170		-
171		-	2. IN ANY LEGISLATION PA SSED IN ACCORDANCE W ITH 19
172		-	THIS SUBPARAGRAPH , THE GENERAL ASSEMBLY MAY APPROVE THE PROPOSED 20
173		-	EXCHANGE WITH OR WIT HOUT CONDITIONS . 21
174		-
175		-	(3) AN EXCHANGE UNDER THI S SUBSECTION IS NOT SUBJECT TO THE 22
176		-	NOTICE REQUIREMENT U NDER § 5–310(A) OF THIS ARTICLE. 23
177		-
178		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
179		-	October 1, 2022. 25
180		-
	77	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
	78	+	October 1, 2022. 21