Maryland 2023 Regular Session

Maryland House Bill HB1230 Compare Versions

Only one version of the bill is available at this time.

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	5	hb1230
6	6
7	7	HOUSE BILL 1230
8	8	E1, D3, C3 3lr3019
9	9	CF SB 288
10	10	By: Delegate Holmes
11	11	Introduced and read first time: February 13, 2023
12	12	Assigned to: Rules and Executive Nominations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal and Civil Trespass – Professional Land Surveyors – Exception 2
19	19
20	20	FOR the purpose of establishing exceptions to certain criminal prohibitions against 3
21	21	trespass on property and the civil tort of trespass for professional land surveyors, 4
22	22	and agents and employees of professional land surveyors, who enter the property of 5
23	23	another to practice land surveying; and generally relating to professional land 6
24	24	surveyors and the criminal and civil law on trespass. 7
25	25
26	26	BY adding to 8
27	27	Article – Courts and Judicial Proceedings 9
28	28	Section 5–427 10
29	29	Annotated Code of Maryland 11
30	30	(2020 Replacement Volume and 2022 Supplement) 12
31	31
32	32	BY adding to 13
33	33	Article – Criminal Law 14
34	34	Section 6–411 15
35	35	Annotated Code of Maryland 16
36	36	(2021 Replacement Volume and 2022 Supplement) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – Courts and Judicial Proceedings 20
42	42
43	43	5–427. 21
44	44
45	45	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
46	46	INDICATED. 23
47	47	2 HOUSE BILL 1230
48	48
49	49
50	50	(2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS 1
51	51	PROVIDED IN § 15–101(K) OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 2
52	52	ARTICLE. 3
53	53
54	54	(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYO R 4
55	55	WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYOR S TO 5
56	56	PRACTICE LAND SURVEY ING. 6
57	57
58	58	(B) A PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLO YEE OF A 7
59	59	PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A PROPERT Y TO PRACTICE LAND 8
60	60	SURVEYING MAY NOT BE HELD LIABLE UNDER TH E COMMON LAW TORT OF 9
61	61	TRESPASS. 10
62	62
63	63	(C) THIS SECTION DOES NOT: 11
64	64
65	65	(1) AFFECT, AND MAY NOT BE CONST RUED AS AFFECTING , ANY 12
66	66	IMMUNITIES FROM CIVI L LIABILITY OR DEFEN SES ESTABLISHED BY A NY OTHER 13
67	67	PROVISION OF THE CODE OR AVAILABLE AT COMMON LAW OR EQUITY , TO WHICH A 14
68	68	PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L 15
69	69	LAND SURVEYOR , MAY BE ENTITLED ; OR 16
70	70
71	71	(2) IMPAIR THE RIGHT OF A PERSON TO SEEK REDRE SS UNDER ANY 17
72	72	OTHER PROVISION OF T HE CODE OR AT COMMON LAW OR EQUITY FOR CONDUC T BY 18
73	73	A PROFESSIONAL LAND SURVEYOR, OR AN AGENT OR EMPLO YEE OF A 19
74	74	PROFESSIONAL LAND SURVEYOR , THAT IS OTHERWISE AC TIONABLE. 20
75	75
76	76	Article – Criminal Law 21
77	77
78	78	6–411. 22
79	79
80	80	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23
81	81	INDICATED. 24
82	82
83	83	(2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS 25
84	84	PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 26
85	85	ARTICLE. 27
86	86
87	87	(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYO R 28
88	88	WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 29
89	89	PRACTICE LAND SURVEY ING. 30
90	90
91	91	(B) THIS SUBTITLE DOES NO T APPLY TO A PROFESS IONAL LAND SURVEYOR , 31
92	92	OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L LAND SURVEYOR , WHO ENTERS A 32
93	93	PROPERTY TO PRACTICE LAND SURVEYING . 33 HOUSE BILL 1230 3
94	94
95	95
96	96
97	97	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
98	98	October 1, 2023. 2
99	99