Maryland 2023 Regular Session

Maryland Senate Bill SB288 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		sb0288
9	6
10	7		SENATE BILL 288
11	8		E1, D3, C3 3lr1656
12		-	~~CF HB 1230~~
	9	+
13	10		By: Senator Waldstreicher
14	11		Introduced and read first time: January 27, 2023
15	12		Assigned to: Judicial Proceedings
16		-	Committee Report: Favorable
17		-	Senate action: Adopted
18		-	Read second time: March 10, 2023
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Criminal and Civil Trespass – Professional Land Surveyors – Exception 2
25	19
26	20		FOR the purpose of establishing exceptions to certain criminal prohibitions against 3
27	21		trespass on property and the civil tort of trespass for professional land surveyors, 4
28	22		and agents and employees of professional land surveyors, who enter the property of 5
29	23		another to practice land surveying; and generally relating to professional land 6
30	24		surveyors and the criminal and civil law on trespass. 7
31	25
32	26		BY adding to 8
33	27		Article – Courts and Judicial Proceedings 9
34	28		Section 5–427 10
35	29		Annotated Code of Maryland 11
36	30		(2020 Replacement Volume and 2022 Supplement) 12
37	31
38	32		BY adding to 13
39	33		Article – Criminal Law 14
40	34		Section 6–411 15
41	35		Annotated Code of Maryland 16
42	36		(2021 Replacement Volume and 2022 Supplement) 17
43	37
44	38		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
45	39		That the Laws of Maryland read as follows: 19
46	40
47	41		Article – Courts and Judicial Proceedings 20
	42	+
	43	+	5–427. 21
	44	+
	45	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
	46	+	INDICATED. 23
48	47		2 SENATE BILL 288
49	48
50	49
51		-	5–427. 1
	50	+	(2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS 1
	51	+	PROVIDED IN § 15–101(K) OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 2
	52	+	ARTICLE. 3
52	53
53		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
54		-	INDICATED. 3
	54	+	(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYO R 4
	55	+	WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 5
	56	+	PRACTICE LAND SURVEYI NG. 6
55	57
56		-	(2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS 4
57		-	PROVIDED IN § 15–101(K) OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 5
58		-	ARTICLE. 6
	58	+	(B) A PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLOYEE OF A 7
	59	+	PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A PROPERT Y TO PRACTICE LAND 8
	60	+	SURVEYING MAY NOT BE HELD LIABLE UNDER THE COMMON LAW TORT OF 9
	61	+	TRESPASS. 10
59	62
60		-	(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYOR 7
61		-	WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 8
62		-	PRACTICE LAND SURVEY ING. 9
	63	+	(C) THIS SECTION DOES NOT: 11
63	64
64		-	(B) A PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLOYEE OF A 10
65		-	PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A PROPERT Y TO PRACTICE LAND 11
66		-	SURVEYING MAY NOT BE HELD LIABLE UNDER THE COMMON LAW TORT OF 12
67		-	TRESPASS. 13
	65	+	(1) AFFECT, AND MAY NOT BE CONST RUED AS AFFECTING , ANY 12
	66	+	IMMUNITIES FROM CIVI L LIABILITY OR DEFEN SES ESTABLISHED BY A NY OTHER 13
	67	+	PROVISION OF THE CODE OR AVAILABLE AT COMMON LAW OR EQUITY, TO WHICH A 14
	68	+	PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLOYEE OF A PROFESSIONAL 15
	69	+	LAND SURVEYOR , MAY BE ENTITLED ; OR 16
68	70
69		-	(C) THIS SECTION DOES NOT: 14
	71	+	(2) IMPAIR THE RIGHT OF A PERSON TO SEEK REDRESS UNDER ANY 17
	72	+	OTHER PROVISION OF T HE CODE OR AT COMMON LAW OR EQUITY FOR CONDUCT BY 18
	73	+	A PROFESSIONAL LAND SURVEYOR, OR AN AGENT OR EMPLOYEE OF A 19
	74	+	PROFESSIONAL LAND SURVEYOR, THAT IS OTHERWISE AC TIONABLE. 20
70	75
71		-	(1) AFFECT, AND MAY NOT BE CONST RUED AS AFFECTING , ANY 15
72		-	IMMUNITIES FROM CIVI L LIABILITY OR DEFEN SES ESTABLISHED BY A NY OTHER 16
73		-	PROVISION OF THE CODE OR AVAILABLE AT COMMON LAW OR EQUITY, TO WHICH A 17
74		-	PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLOYEE OF A PROFESSIONAL 18
75		-	LAND SURVEYOR , MAY BE ENTITLED ; OR 19
	76	+	Article – Criminal Law 21
76	77
77		-	(2) IMPAIR THE RIGHT OF A PERSON TO SEEK REDRESS UNDER ANY 20
78		-	OTHER PROVISION OF T HE CODE OR AT COMMON LAW OR EQUITY FOR CONDUCT BY 21
79		-	A PROFESSIONAL LAND SURVEYOR, OR AN AGENT OR EMPLOYEE OF A 22
80		-	PROFESSIONAL LAND SU RVEYOR, THAT IS OTHERWISE AC TIONABLE. 23
	78	+	6–411. 22
81	79
82		-	Article – Criminal Law 24
	80	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23
	81	+	INDICATED. 24
83	82
84		-	6–411. 25
	83	+	(2) “PRACTICE LAND SURVEYING ” HAS THE SAME MEANING AS 25
	84	+	PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 26
	85	+	ARTICLE. 27
85	86
86		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
87		-	INDICATED. 27
	87	+	(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYOR 28
	88	+	WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 29
	89	+	PRACTICE LAND SURVEY ING. 30
88	90
89		-	(2) “PRACTICE LAND SURVEYING ” HAS THE SAME MEANING AS 28
90		-	PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 29
91		-	ARTICLE. 30
92		-
93		-	(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYOR 31
94		-	WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 32 SENATE BILL 288 3
95		-
96		-
97		-	PRACTICE LAND SURVEYING . 1
98		-
99		-	(B) THIS SUBTITLE DOES NO T APPLY TO A PROFESSIONAL LAND SURVEYOR , 2
100		-	OR AN AGENT OR EMPLOYEE OF A PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A 3
101		-	PROPERTY TO PRACTICE LAND SURVEYING . 4
102		-
103		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
104		-	October 1, 2023. 6
	91	+	(B) THIS SUBTITLE DOES NO T APPLY TO A PROFESSIONAL LAND SURVEYOR , 31
	92	+	OR AN AGENT OR EMPLOYEE OF A PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A 32
	93	+	PROPERTY TO PRACTICE LAND SURVEYING . 33 SENATE BILL 288 3
105	94
106	95
107	96
108		-	Approved:
109		-	________________________________________________________________________________
110		-	Governor.
111		-	________________________________________________________________________________
112		-	President of the Senate.
113		-	________________________________________________________________________________
114		-	Speaker of the House of Delegates.
	97	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
	98	+	October 1, 2023. 2