| 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 | *hb1019* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1019 | |
| 11 | 8 | R2 2lr2459 | |
| 12 | 9 | CF SB 838 | |
| 13 | 10 | By: Delegates K. Young and Henson | |
| 14 | 11 | Introduced and read first time: February 10, 2022 | |
| 15 | 12 | Assigned to: Appropriations | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 30, 2022 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Transportation – Elderly and Handicapped Transportation Service – County 2 | |
| 25 | 19 | Funding 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of requiring the Secretary of Transportation to identify separately within 4 | |
| 28 | 22 | the Department of Transportation’s annual budget at least a certain amount of 5 | |
| 29 | 23 | funding in a certain fiscal year and all subsequent fiscal years to be used for county 6 | |
| 30 | 24 | elderly and handicapped transportation service; and generally relating to county 7 | |
| 31 | 25 | funding for elderly and handicapped transportation service. 8 | |
| 32 | 26 | ||
| 33 | 27 | BY repealing and reenacting, without amendments, 9 | |
| 34 | 28 | Article – Transportation 10 | |
| 35 | 29 | Section 2–103.3(a), (c), (d), and (e) 11 | |
| 36 | 30 | Annotated Code of Maryland 12 | |
| 37 | 31 | (2020 Replacement Volume and 2021 Supplement) 13 | |
| 38 | 32 | ||
| 39 | 33 | BY repealing and reenacting, with amendments, 14 | |
| 40 | 34 | Article – Transportation 15 | |
| 41 | - | Section 2–103.3(b) | |
| 35 | + | Section 2–103.3(b) 16 | |
| 42 | 36 | Annotated Code of Maryland 17 | |
| 43 | 37 | (2020 Replacement Volume and 2021 Supplement) 18 | |
| 44 | 38 | ||
| 45 | 39 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 | |
| 46 | 40 | That the Laws of Maryland read as follows: 20 | |
| 47 | 41 | ||
| 48 | - | Article – Transportation 21 2 HOUSE BILL 1019 | |
| 42 | + | Article – Transportation 21 | |
| 43 | + | ||
| 44 | + | 2–103.3. 22 | |
| 45 | + | ||
| 46 | + | (a) (1) In this section the following words have the meanings indicated. 23 | |
| 47 | + | ||
| 48 | + | (2) “County” includes Baltimore City. 24 2 HOUSE BILL 1019 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | 51 | ||
| 52 | - | 2–103.3. 1 | |
| 52 | + | (3) “Elderly and handicapped person” means any person who, by reason of 1 | |
| 53 | + | illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or 2 | |
| 54 | + | disability, is unable to use mass transit facilities and services as effectively as a person who 3 | |
| 55 | + | is not so affected. 4 | |
| 53 | 56 | ||
| 54 | - | (a) (1) In this section the following words have the meanings indicated. 2 | |
| 57 | + | (4) “Transportation service” means any transportation option or mix of 5 | |
| 58 | + | options that may include paratransit or fixed route service, established or employed by a 6 | |
| 59 | + | county to accommodate the transportation needs of its elderly and handicapped residents. 7 | |
| 55 | 60 | ||
| 56 | - | (2) “County” includes Baltimore City. 3 | |
| 61 | + | (b) (1) (I) [The] SUBJECT TO SUBPARAGRA PHS (II) THROUGH (IV) OF 8 | |
| 62 | + | THIS PARAGRAPH , THE Secretary shall identify separately within the Department’s 9 | |
| 63 | + | annual budget an amount [that the Secretary deems necessary] to be used for elderly and 10 | |
| 64 | + | handicapped transportation service in each county. 11 | |
| 57 | 65 | ||
| 58 | - | (3) “Elderly and handicapped person” means any person who, by reason of 4 | |
| 59 | - | illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or 5 | |
| 60 | - | disability, is unable to use mass transit facilities and services as effectively as a person who 6 | |
| 61 | - | is not so affected. 7 | |
| 66 | + | (II) FOR FISCAL YEAR 2024, THE SECRETARY SHALL IDENTIFY 12 | |
| 67 | + | SEPARATELY WITHIN TH E DEPARTMENT ’S ANNUAL BUDGET AT L EAST $4,305,908 13 | |
| 68 | + | TO BE USED FOR ELDER LY AND HANDICAPPED T RANSPORTATION SERVIC E. 14 | |
| 62 | 69 | ||
| 63 | - | (4) “Transportation service” means any transportation option or mix of 8 | |
| 64 | - | options that may include paratransit or fixed route service, established or employed by a 9 | |
| 65 | - | county to accommodate the transportation needs of its elderly and handicapped residents. 10 | |
| 70 | + | (III) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR 15 | |
| 71 | + | THEREAFTER , THE SECRETARY SHALL IDENTIFY SEPARATELY WITHIN TH E 16 | |
| 72 | + | DEPARTMENT ’S ANNUAL BUDGET AN A MOUNT FOR ELDERLY AND HAND ICAPPED 17 | |
| 73 | + | TRANSPORTATION SERVI CE THAT IS EQUAL TO AT LEAST THE AMOUNT IN THE 18 | |
| 74 | + | IMMEDIATELY PRECEDIN G FISCAL YEAR ADJUSTED FOR INFLATI ON IN 19 | |
| 75 | + | ACCORDANCE WITH SUBP ARAGRAPH (IV) OF THIS PARAGRAPH . 20 | |
| 66 | 76 | ||
| 67 | - | ||
| 68 | - | ||
| 69 | - | ||
| 70 | - | ||
| 77 | + | (IV) 1. THE INFLATION ADJUSTMENT SHALL EQUAL THE 21 | |
| 78 | + | PRODUCT OF MULTIPLYI NG THE AMOUNT OF FUN DING IN THE IMMEDIATELY 22 | |
| 79 | + | PRECEDING FISCAL YEAR BY THE PERCENTA GE INCREASE IN THE CONSUMER PRICE 23 | |
| 80 | + | INDEX FOR ALL URBAN CONSUMERS. 24 | |
| 71 | 81 | ||
| 72 | - | (II) FOR FISCAL YEAR 2024, THE SECRETARY SHALL IDENT IFY 15 | |
| 73 | - | SEPARATELY WITHIN TH E DEPARTMENT ’S ANNUAL BUDGET AT L EAST $4,305,908 16 | |
| 74 | - | TO BE USED FOR ELDER LY AND HANDICAPPED T RANSPORTATION SERVIC E. 17 | |
| 82 | + | 2. THE PERCENTAGE INCREA SE IN THE CONSUMER 25 | |
| 83 | + | PRICE INDEX FOR ALL URBAN CONSUMERS SHALL BE DETERMINED BY COMPARING 26 | |
| 84 | + | THE AVERAGE OF THE I NDEX FOR THE 12 MONTHS ENDING ON THE NOVEMBER 30 27 | |
| 85 | + | IMMEDIATELY PRECEDING THE FISCAL YEAR FOR WHICH THE FUNDING AM OUNT IS 28 | |
| 86 | + | BEING CALCULATED TO THE AVERAGE OF TH E INDEX FOR THE PRIOR 12 MONTHS. 29 | |
| 75 | 87 | ||
| 76 | - | (III) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR 18 | |
| 77 | - | THEREAFTER , THE SECRETARY SHALL IDENT IFY SEPARATELY WITHI N THE 19 | |
| 78 | - | DEPARTMENT ’S ANNUAL BUDGET AN A MOUNT FOR ELDERLY AN D HANDICAPPED 20 | |
| 79 | - | TRANSPORTATION SERVI CE THAT IS EQUAL TO AT LEAST THE AMOUNT IN THE 21 | |
| 80 | - | IMMEDIATELY PRECE DING FISCAL YEAR ADJ USTED FOR INFLATION IN 22 | |
| 81 | - | ACCORDANCE WITH SUBP ARAGRAPH (IV) OF THIS PARAGRAPH . 23 | |
| 88 | + | 3. IF THERE IS A DECLINE OR NO GROWTH IN THE 30 | |
| 89 | + | CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, THE AMOUNT OF FUNDIN G 31 | |
| 90 | + | UNDER THIS PARAGRAPH SHALL REMAIN UNCHANG ED. 32 | |
| 82 | 91 | ||
| 83 | - | (IV) 1. THE INFLATION ADJUSTM ENT SHALL EQUAL THE 24 | |
| 84 | - | PRODUCT OF MULTIPLYI NG THE AMOUNT OF FUN DING IN THE IMMEDIAT ELY 25 | |
| 85 | - | PRECEDING FISCAL YEA R BY THE PERCENTAGE INCREASE IN THE CONSUMER PRICE 26 | |
| 86 | - | INDEX FOR ALL URBAN CONSUMERS. 27 | |
| 87 | - | ||
| 88 | - | 2. THE PERCENTAGE INCREA SE IN THE CONSUMER 28 | |
| 89 | - | PRICE INDEX FOR ALL URBAN CONSUMERS SHALL BE DE TERMINED BY COMPARIN G 29 | |
| 90 | - | THE AVERAGE OF THE I NDEX FOR THE 12 MONTHS ENDING ON THE NOVEMBER 30 30 | |
| 91 | - | IMMEDIATEL Y PRECEDING THE FISC AL YEAR FOR WHICH TH E FUNDING AMOUNT IS 31 | |
| 92 | - | BEING CALCULATED TO THE AVERAGE OF THE I NDEX FOR THE PRIOR 12 MONTHS. 32 | |
| 93 | - | HOUSE BILL 1019 3 | |
| 94 | - | ||
| 95 | - | ||
| 96 | - | 3. IF THERE IS A DECLINE OR NO GROWTH IN THE 1 | |
| 97 | - | CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, THE AMOUNT OF FUNDIN G 2 | |
| 98 | - | UNDER THIS PARAGRAPH SHALL REMAIN UNCHANGED . 3 | |
| 99 | - | ||
| 100 | - | (2) The amount the Secretary identifies, or such other amount as may be 4 | |
| 101 | - | appropriated by the General Assembly for the provision of elderly and handicapped 5 | |
| 102 | - | transportation service in each county, shall be distributed as provided in subsections (c), 6 | |
| 103 | - | (d), and (e) of this section. 7 | |
| 104 | - | ||
| 105 | - | (c) (1) Of the amount separately identified or otherwise appropriated under 8 | |
| 106 | - | subsection (b) of this section, the Secretary shall: 9 | |
| 107 | - | ||
| 108 | - | (i) Allocate 60 percent equally among the counties; and 10 | |
| 109 | - | ||
| 110 | - | (ii) Allocate the remaining amount among the counties in proportion 11 | |
| 111 | - | to their respective percentages of the State’s combined elderly and handicapped population. 12 | |
| 112 | - | ||
| 113 | - | (2) Subject to the limitations provided in subsection (f) of this section, the 13 | |
| 114 | - | Secretary shall distribute all such allocated amounts to those counties which file a written 14 | |
| 115 | - | application with the Department in such form and detail as the Secretary requires. 15 | |
| 116 | - | ||
| 117 | - | (3) A written application submitted by a county under this subsection may 16 | |
| 118 | - | not be accepted or considered by the Secretary unless the local area agency on aging 17 | |
| 119 | - | certifies its approval of the project for the funding for which the application is made. 18 | |
| 120 | - | ||
| 121 | - | (4) The Secretary shall consult with the Department of Aging and the 19 | |
| 122 | - | Department of Disabilities in distributing the funds available under this section. 20 | |
| 123 | - | ||
| 124 | - | (d) (1) In determining local transportation needs, the counties shall take into 21 | |
| 125 | - | account the elderly and handicapped transportation needs of the municipalities within 22 | |
| 126 | - | their jurisdictions. Nothing in this section shall preclude a municipality from requesting 23 | |
| 127 | - | the county to apply for part or all of the county’s allocation of funds available under this 24 | |
| 128 | - | section on behalf of the municipality. 25 | |
| 129 | - | ||
| 130 | - | (2) In the event a municipality believes it is not afforded a reasonable share 26 | |
| 131 | - | of the funds available to the county under this section, the municipality may appeal the 27 | |
| 132 | - | county’s allocation decision directly to the Secretary. 28 | |
| 133 | - | ||
| 134 | - | (e) (1) If any of the allocated funds described in subsection (c) of this section 29 | |
| 135 | - | are not applied for by the counties within 6 months after the beginning of the fiscal year, 30 | |
| 136 | - | the Secretary shall make those funds available to counties pursuant to application 31 | |
| 137 | - | procedures and criteria developed by the Secretary, in consultation with the Department 32 | |
| 138 | - | of Aging and the Department of Disabilities. The criteria shall provide that: 33 | |
| 139 | - | ||
| 140 | - | (i) Such funds may be made available to counties in which the 34 | |
| 141 | - | Secretary determines that additional funds for transportation service to the elderly and 35 | |
| 142 | - | handicapped are most needed; and 36 4 HOUSE BILL 1019 | |
| 92 | + | (2) The amount the Secretary identifies, or such other amount as may be 33 | |
| 93 | + | appropriated by the General Assembly for the provision of elderly and handicapped 34 | |
| 94 | + | transportation service in each county, shall be distributed as provided in subsections (c), 35 | |
| 95 | + | (d), and (e) of this section. 36 HOUSE BILL 1019 3 | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | 98 | ||
| 146 | - | ( | |
| 147 | - | section shall | |
| 99 | + | (c) (1) Of the amount separately identified or otherwise appropriated under 1 | |
| 100 | + | subsection (b) of this section, the Secretary shall: 2 | |
| 148 | 101 | ||
| 149 | - | (2) A written application submitted by a county under this subsection may 3 | |
| 150 | - | not be accepted or considered by the Secretary unless the local area agency on aging 4 | |
| 151 | - | certifies its approval of the project for the funding for which the application is made. 5 | |
| 102 | + | (i) Allocate 60 percent equally among the counties; and 3 | |
| 152 | 103 | ||
| 153 | - | ( | |
| 154 | - | ||
| 104 | + | (ii) Allocate the remaining amount among the counties in proportion 4 | |
| 105 | + | to their respective percentages of the State’s combined elderly and handicapped population. 5 | |
| 155 | 106 | ||
| 156 | - | (2) (I) ON OR BEFORE DECEMBER 1 EACH YEAR, THE SECRETARY 8 | |
| 157 | - | SHALL REPORT TO THE SENATE BUDGET AND TAXATION COMMITTEE AND THE 9 | |
| 158 | - | HOUSE APPROPRIATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE 10 | |
| 159 | - | STATE GOVERNMENT ARTICLE, ON THE AMOUNT OF FUNDING DISTRIBUT ED TO 11 | |
| 160 | - | EACH COUNTY AND MUNI CIPALITY UNDER THIS SECTION DURING THE P RIOR FISCAL 12 | |
| 161 | - | YEAR. 13 | |
| 107 | + | (2) Subject to the limitations provided in subsection (f) of this section, the 6 | |
| 108 | + | Secretary shall distribute all such allocated amounts to those counties which file a written 7 | |
| 109 | + | application with the Department in such form and detail as the Secretary requires. 8 | |
| 162 | 110 | ||
| 163 | - | (II) THE REPORT UNDER SUBP ARAGRAPH (I) OF THIS 14 | |
| 164 | - | PARAGRAPH SHALL INCL UDE AN ESTIMATE OF : 15 | |
| 111 | + | (3) A written application submitted by a county under this subsection may 9 | |
| 112 | + | not be accepted or considered by the Secretary unless the local area agency on aging 10 | |
| 113 | + | certifies its approval of the project for the funding for which the application is made. 11 | |
| 165 | 114 | ||
| 166 | - | 1. THE NUMBER OF INDIVID UALS RECEIVING 16 | |
| 167 | - | TRANSPORTATION SE RVICES SUPPORTED BY THE DISTRIBUTIONS UN DER THIS 17 | |
| 168 | - | SECTION DURING THE P RIOR FISCAL YEAR ; 18 | |
| 115 | + | (4) The Secretary shall consult with the Department of Aging and the 12 | |
| 116 | + | Department of Disabilities in distributing the funds available under this section. 13 | |
| 169 | 117 | ||
| 170 | - | 2. THE NUMBER OF INDIVID UAL TRIPS PROVIDED T O 19 | |
| 171 | - | INDIVIDUALS SUPPORTE D BY THE DISTRIBUTIO NS UNDER THIS SECTIO N DURING 20 | |
| 172 | - | THE PRIOR FISCAL YEA R; AND 21 | |
| 118 | + | (d) (1) In determining local transportation needs, the counties shall take into 14 | |
| 119 | + | account the elderly and handicapped transportation needs of the municipalities within 15 | |
| 120 | + | their jurisdictions. Nothing in this section shall preclude a municipality from requesting 16 | |
| 121 | + | the county to apply for part or all of the county’s allocation of funds available under this 17 | |
| 122 | + | section on behalf of the municipality. 18 | |
| 173 | 123 | ||
| 174 | - | | |
| 175 | - | ||
| 176 | - | ||
| 124 | + | (2) In the event a municipality believes it is not afforded a reasonable share 19 | |
| 125 | + | of the funds available to the county under this section, the municipality may appeal the 20 | |
| 126 | + | county’s allocation decision directly to the Secretary. 21 | |
| 177 | 127 | ||
| 178 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25 | |
| 179 | - | 1, 2022. 26 | |
| 128 | + | (e) (1) If any of the allocated funds described in subsection (c) of this section 22 | |
| 129 | + | are not applied for by the counties within 6 months after the beginning of the fiscal year, 23 | |
| 130 | + | the Secretary shall make those funds available to counties pursuant to application 24 | |
| 131 | + | procedures and criteria developed by the Secretary, in consultation with the Department 25 | |
| 132 | + | of Aging and the Department of Disabilities. The criteria shall provide that: 26 | |
| 180 | 133 | ||
| 134 | + | (i) Such funds may be made available to counties in which the 27 | |
| 135 | + | Secretary determines that additional funds for transportation service to the elderly and 28 | |
| 136 | + | handicapped are most needed; and 29 | |
| 137 | + | ||
| 138 | + | (ii) Local match requirements described in subsection (f) of this 30 | |
| 139 | + | section shall apply to all disbursements. 31 | |
| 140 | + | ||
| 141 | + | (2) A written application submitted by a county under this subsection may 32 | |
| 142 | + | not be accepted or considered by the Secretary unless the local area agency on aging 33 | |
| 143 | + | certifies its approval of the project for the funding for which the application is made. 34 | |
| 144 | + | 4 HOUSE BILL 1019 | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1 | |
| 148 | + | 1, 2022. 2 |