MD
Maryland Senate Bill SB344

Maryland 2024 Regular Session

Maryland Senate Bill SB344 Compare Versions

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1- WES MOORE, Governor Ch. 606
21
3-– 1 –
4-Chapter 606
5-(Senate Bill 344)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING 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+ *sb0344*
89
9-Criminal and Civil Trespass – Professional Land Surveyors – Exception
10+SENATE BILL 344
11+E1, D3, C3 4lr1779
12+SB 288/23 – JPR CF HB 382
13+By: Senator Waldstreicher
14+Introduced and read first time: January 15, 2024
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: February 27, 2024
1019
11-FOR the purpose of establishing exceptions to certain criminal prohibitions against
12-trespass on property and the civil tort of trespass for professional land surveyors,
13-and agents and employees of professional land surveyors, who enter the property of
14-another to practice land surveying; and generally relating to professional land
15-surveyors and the criminal and civil law on trespass.
20+CHAPTER ______
1621
17-BY adding to
18- Article – Courts and Judicial Proceedings
19-Section 5–427
20- Annotated Code of Maryland
21- (2020 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2223
23-BY adding to
24- Article – Criminal Law
25-Section 6–412
26- Annotated Code of Maryland
27- (2021 Replacement Volume and 2023 Supplement)
24+Criminal and Civil Trespass – Professional Land Surveyors – Exception 2
2825
29- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
30-That the Laws of Maryland read as follows:
26+FOR the purpose of establishing exceptions to certain criminal prohibitions against 3
27+trespass on property and the civil tort of trespass for professional land surveyors, 4
28+and agents and employees of professional land surveyors, who enter the property of 5
29+another to practice land surveying; and generally relating to professional land 6
30+surveyors and the criminal and civil law on trespass. 7
3131
32-Article – Courts and Judicial Proceedings
32+BY adding to 8
33+ Article – Courts and Judicial Proceedings 9
34+Section 5–427 10
35+ Annotated Code of Maryland 11
36+ (2020 Replacement Volume and 2023 Supplement) 12
3337
34-5–427.
38+BY adding to 13
39+ Article – Criminal Law 14
40+Section 6–412 15
41+ Annotated Code of Maryland 16
42+ (2021 Replacement Volume and 2023 Supplement) 17
3543
36- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
37-INDICATED.
44+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
45+That the Laws of Maryland read as follows: 19
3846
39- (2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS
40-PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS
41-ARTICLE.
47+Article – Courts and Judicial Proceedings 20
48+ 2 SENATE BILL 344
4249
43- (3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYOR
44-WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO
45-PRACTICE LAND SURVEY ING.
4650
47- (B) A PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLO YEE OF A Ch. 606 2024 LAWS OF MARYLAND
51+5–427. 1
4852
49-– 2 –
50-PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A PROPERT Y TO PRACTICE LAND
51-SURVEYING MAY NOT BE HELD LIABLE U NDER THE COMMON LAW TORT OF
52-TRESPASS.
53+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
54+INDICATED. 3
5355
54- (C) THIS SECTION DOES NOT :
56+ (2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS 4
57+PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 5
58+ARTICLE. 6
5559
56- (1) AFFECT, AND MAY NOT BE CONST RUED AS AFFECTING , ANY
57-IMMUNITIES FROM CIVI L LIABILITY OR DEFEN SES ESTABLISHED BY A NY OTHER
58-PROVISION OF THE CODE OR AVAILABLE AT COMMON LAW OR EQUITY TO WHICH A
59-PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L
60-LAND SURVEYOR , MAY BE ENTITLED ; OR
60+ (3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYO R 7
61+WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 8
62+PRACTICE LAND SURVEY ING. 9
6163
62- (2) IMPAIR THE RIGHT OF A PERSON TO SEEK REDRE SS UNDER ANY
63-OTHER PROVISION OF T HE CODE OR AT COMMON LAW OR EQUITY FO R CONDUCT BY
64-A PROFESSIONAL LAND SURVEYOR, OR AN AGENT OR EMPLO YEE OF A
65-PROFESSIONAL LAND SU RVEYOR, THAT IS OTHERWISE AC TIONABLE.
64+ (B) A PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLO YEE 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 TH E COMMON LAW TORT OF 12
67+TRESPASS. 13
6668
67-Article – Criminal Law
69+ (C) THIS SECTION DOES NOT : 14
6870
69-6–412.
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 EMPLO YEE OF A PROFESSIONA L 18
75+LAND SURVEYOR , MAY BE ENTITLED ; OR 19
7076
71- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
72-INDICATED.
77+ (2) IMPAIR THE RIGHT OF A PERSON TO SEEK REDRE SS UNDER ANY 20
78+OTHER PROVISION OF T HE CODE OR AT COMMON LAW OR EQUITY FOR CONDUCT B Y 21
79+A PROFESSIONAL LAND SURVEYOR, OR AN AGENT OR EMPLO YEE OF A 22
80+PROFESSIONAL LAND SU RVEYOR, THAT IS OTHERWISE AC TIONABLE. 23
7381
74- (2) “PRACTICE LA ND SURVEYING ” HAS THE SAME MEANING AS
75-PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS
76-ARTICLE.
82+Article – Criminal Law 24
7783
78- (3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYO R
79-WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO
80-PRACTICE LAND SU RVEYING.
84+6–412. 25
8185
82- (B) THIS SUBTITLE DOES NO T APPLY TO A PROFESS IONAL LAND SURVEYOR ,
83-OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L LAND SURVEYOR , WHO ENTERS A
84-PROPERTY TO PRACTICE LAND SURVEYING .
86+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
87+INDICATED. 27
8588
86- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
87-October 1, 2024.
89+ (2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS 28
90+PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS 29
91+ARTICLE. 30
8892
89-Approved by the Governor, May 9, 2024.
93+ (3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYO R 31
94+WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO 32 SENATE BILL 344 3
95+
96+
97+PRACTICE LAND SURVEYING . 1
98+
99+ (B) THIS SUBTITLE DOES NO T APPLY TO A PROFESS IONAL LAND SURVEYOR , 2
100+OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L LAND SURVEYOR , 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, 2024. 6
105+
106+
107+
108+Approved:
109+________________________________________________________________________________
110+ Governor.
111+________________________________________________________________________________
112+ President of the Senate.
113+________________________________________________________________________________
114+ Speaker of the House of Delegates.