EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1019*
HOUSE BILL 1019
R2 2lr2459
CF SB 838
By: Delegates K. Young and Henson
Introduced and read first time: February 10, 2022
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Transportation – Elderly and Handicapped Transportation Service – County 2
Funding 3
FOR the purpose of requiring the Secretary of Transportation to identify separately within 4
the Department of Transportation’s annual budget at least a certain amount of 5
funding in a certain fiscal year and all subsequent fiscal years to be used for county 6
elderly and handicapped transportation service; and generally relating to county 7
funding for elderly and handicapped transportation service. 8
BY repealing and reenacting, without amendments, 9
Article – Transportation 10
Section 2–103.3(a), (c), (d), and (e) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2021 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Transportation 15
Section 2–103.3(b) 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Transportation 21
2–103.3. 22
(a) (1) In this section the following words have the meanings indicated. 23
(2) “County” includes Baltimore City. 24 2 HOUSE BILL 1019
(3) “Elderly and handicapped person” means any person who, by reason of 1
illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or 2
disability, is unable to use mass transit facilities and services as effectively as a person who 3
is not so affected. 4
(4) “Transportation service” means any transportation option or mix of 5
options that may include paratransit or fixed route service, established or employed by a 6
county to accommodate the transportation needs of its elderly and handicapped residents. 7
(b) (1) (I) [The] SUBJECT TO SUBPARAGRA PHS (II) THROUGH (IV) OF 8
THIS PARAGRAPH , THE Secretary shall identify separately within the Department’s 9
annual budget an amount [that the Secretary deems necessary] to be used for elderly and 10
handicapped transportation service in each county. 11
(II) FOR FISCAL YEAR 2024, THE SECRETARY SHALL IDENTIFY 12
SEPARATELY WITHIN TH E DEPARTMENT ’S ANNUAL BUDGET AT L EAST $4,305,908 13
TO BE USED FOR ELDER LY AND HANDICAPPED T RANSPORTATION SERVIC E. 14
(III) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR 15
THEREAFTER , THE SECRETARY SHALL IDENTIFY SEPARATELY WITHIN TH E 16
DEPARTMENT ’S ANNUAL BUDGET AN A MOUNT FOR ELDERLY AND HAND ICAPPED 17
TRANSPORTATION SERVI CE THAT IS EQUAL TO AT LEAST THE AMOUNT IN THE 18
IMMEDIATELY PRECEDIN G FISCAL YEAR ADJUSTED FOR INFLATI ON IN 19
ACCORDANCE WITH SUBP ARAGRAPH (IV) OF THIS PARAGRAPH . 20
(IV) 1. THE INFLATION ADJUSTMENT SHALL EQUAL THE 21
PRODUCT OF MULTIPLYI NG THE AMOUNT OF FUN DING IN THE IMMEDIATELY 22
PRECEDING FISCAL YEAR BY THE PERCENTA GE INCREASE IN THE CONSUMER PRICE 23
INDEX FOR ALL URBAN CONSUMERS. 24
2. THE PERCENTAGE INCREA SE IN THE CONSUMER 25
PRICE INDEX FOR ALL URBAN CONSUMERS SHALL BE DETERMINED BY COMPARING 26
THE AVERAGE OF THE I NDEX FOR THE 12 MONTHS ENDING ON THE NOVEMBER 30 27
IMMEDIATELY PRECEDING THE FISCAL YEAR FOR WHICH THE FUNDING AM OUNT IS 28
BEING CALCULATED TO THE AVERAGE OF TH E INDEX FOR THE PRIOR 12 MONTHS. 29
3. IF THERE IS A DECLINE OR NO GROWTH IN THE 30
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, THE AMOUNT OF FUNDIN G 31
UNDER THIS PARAGRAPH SHALL REMAIN UNCHANG ED. 32
(2) The amount the Secretary identifies, or such other amount as may be 33
appropriated by the General Assembly for the provision of elderly and handicapped 34
transportation service in each county, shall be distributed as provided in subsections (c), 35
(d), and (e) of this section. 36 HOUSE BILL 1019 3
(c) (1) Of the amount separately identified or otherwise appropriated under 1
subsection (b) of this section, the Secretary shall: 2
(i) Allocate 60 percent equally among the counties; and 3
(ii) Allocate the remaining amount among the counties in proportion 4
to their respective percentages of the State’s combined elderly and handicapped population. 5
(2) Subject to the limitations provided in subsection (f) of this section, the 6
Secretary shall distribute all such allocated amounts to those counties which file a written 7
application with the Department in such form and detail as the Secretary requires. 8
(3) A written application submitted by a county under this subsection may 9
not be accepted or considered by the Secretary unless the local area agency on aging 10
certifies its approval of the project for the funding for which the application is made. 11
(4) The Secretary shall consult with the Department of Aging and the 12
Department of Disabilities in distributing the funds available under this section. 13
(d) (1) In determining local transportation needs, the counties shall take into 14
account the elderly and handicapped transportation needs of the municipalities within 15
their jurisdictions. Nothing in this section shall preclude a municipality from requesting 16
the county to apply for part or all of the county’s allocation of funds available under this 17
section on behalf of the municipality. 18
(2) In the event a municipality believes it is not afforded a reasonable share 19
of the funds available to the county under this section, the municipality may appeal the 20
county’s allocation decision directly to the Secretary. 21
(e) (1) If any of the allocated funds described in subsection (c) of this section 22
are not applied for by the counties within 6 months after the beginning of the fiscal year, 23
the Secretary shall make those funds available to counties pursuant to application 24
procedures and criteria developed by the Secretary, in consultation with the Department 25
of Aging and the Department of Disabilities. The criteria shall provide that: 26
(i) Such funds may be made available to counties in which the 27
Secretary determines that additional funds for transportation service to the elderly and 28
handicapped are most needed; and 29
(ii) Local match requirements described in subsection (f) of this 30
section shall apply to all disbursements. 31
(2) A written application submitted by a county under this subsection may 32
not be accepted or considered by the Secretary unless the local area agency on aging 33
certifies its approval of the project for the funding for which the application is made. 34
4 HOUSE BILL 1019
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2022. 2