EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 30, 2022
CHAPTER ______
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) and (h) 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 HOUSE BILL 1019
2–103.3. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “County” includes Baltimore City. 3
(3) “Elderly and handicapped person” means any person who, by reason of 4
illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or 5
disability, is unable to use mass transit facilities and services as effectively as a person who 6
is not so affected. 7
(4) “Transportation service” means any transportation option or mix of 8
options that may include paratransit or fixed route service, established or employed by a 9
county to accommodate the transportation needs of its elderly and handicapped residents. 10
(b) (1) (I) [The] SUBJECT TO SUBPARAGRA PHS (II) THROUGH (IV) OF 11
THIS PARAGRAPH , THE Secretary shall identify separately within the Department’s 12
annual budget an amount [that the Secretary deems necessary] to be used for elderly and 13
handicapped transportation service in each county. 14
(II) FOR FISCAL YEAR 2024, THE SECRETARY SHALL IDENT IFY 15
SEPARATELY WITHIN TH E DEPARTMENT ’S ANNUAL BUDGET AT L EAST $4,305,908 16
TO BE USED FOR ELDER LY AND HANDICAPPED T RANSPORTATION SERVIC E. 17
(III) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR 18
THEREAFTER , THE SECRETARY SHALL IDENT IFY SEPARATELY WITHI N THE 19
DEPARTMENT ’S ANNUAL BUDGET AN A MOUNT FOR ELDERLY AN D HANDICAPPED 20
TRANSPORTATION SERVI CE THAT IS EQUAL TO AT LEAST THE AMOUNT IN THE 21
IMMEDIATELY PRECE DING FISCAL YEAR ADJ USTED FOR INFLATION IN 22
ACCORDANCE WITH SUBP ARAGRAPH (IV) OF THIS PARAGRAPH . 23
(IV) 1. THE INFLATION ADJUSTM ENT SHALL EQUAL THE 24
PRODUCT OF MULTIPLYI NG THE AMOUNT OF FUN DING IN THE IMMEDIAT ELY 25
PRECEDING FISCAL YEA R BY THE PERCENTAGE INCREASE IN THE CONSUMER PRICE 26
INDEX FOR ALL URBAN CONSUMERS. 27
2. THE PERCENTAGE INCREA SE IN THE CONSUMER 28
PRICE INDEX FOR ALL URBAN CONSUMERS SHALL BE DE TERMINED BY COMPARIN G 29
THE AVERAGE OF THE I NDEX FOR THE 12 MONTHS ENDING ON THE NOVEMBER 30 30
IMMEDIATEL Y PRECEDING THE FISC AL YEAR FOR WHICH TH E FUNDING AMOUNT IS 31
BEING CALCULATED TO THE AVERAGE OF THE I NDEX FOR THE PRIOR 12 MONTHS. 32
HOUSE BILL 1019 3
3. IF THERE IS A DECLINE OR NO GROWTH IN THE 1
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, THE AMOUNT OF FUNDIN G 2
UNDER THIS PARAGRAPH SHALL REMAIN UNCHANGED . 3
(2) The amount the Secretary identifies, or such other amount as may be 4
appropriated by the General Assembly for the provision of elderly and handicapped 5
transportation service in each county, shall be distributed as provided in subsections (c), 6
(d), and (e) of this section. 7
(c) (1) Of the amount separately identified or otherwise appropriated under 8
subsection (b) of this section, the Secretary shall: 9
(i) Allocate 60 percent equally among the counties; and 10
(ii) Allocate the remaining amount among the counties in proportion 11
to their respective percentages of the State’s combined elderly and handicapped population. 12
(2) Subject to the limitations provided in subsection (f) of this section, the 13
Secretary shall distribute all such allocated amounts to those counties which file a written 14
application with the Department in such form and detail as the Secretary requires. 15
(3) A written application submitted by a county under this subsection may 16
not be accepted or considered by the Secretary unless the local area agency on aging 17
certifies its approval of the project for the funding for which the application is made. 18
(4) The Secretary shall consult with the Department of Aging and the 19
Department of Disabilities in distributing the funds available under this section. 20
(d) (1) In determining local transportation needs, the counties shall take into 21
account the elderly and handicapped transportation needs of the municipalities within 22
their jurisdictions. Nothing in this section shall preclude a municipality from requesting 23
the county to apply for part or all of the county’s allocation of funds available under this 24
section on behalf of the municipality. 25
(2) In the event a municipality believes it is not afforded a reasonable share 26
of the funds available to the county under this section, the municipality may appeal the 27
county’s allocation decision directly to the Secretary. 28
(e) (1) If any of the allocated funds described in subsection (c) of this section 29
are not applied for by the counties within 6 months after the beginning of the fiscal year, 30
the Secretary shall make those funds available to counties pursuant to application 31
procedures and criteria developed by the Secretary, in consultation with the Department 32
of Aging and the Department of Disabilities. The criteria shall provide that: 33
(i) Such funds may be made available to counties in which the 34
Secretary determines that additional funds for transportation service to the elderly and 35
handicapped are most needed; and 36 4 HOUSE BILL 1019
(ii) Local match requirements described in subsection (f) of this 1
section shall apply to all disbursements. 2
(2) A written application submitted by a county under this subsection may 3
not be accepted or considered by the Secretary unless the local area agency on aging 4
certifies its approval of the project for the funding for which the application is made. 5
(h) (1) The Secretary in consultation with the Department of Aging and the 6
Department of Disabilities shall monitor the use of funds provided under this section. 7
(2) (I) ON OR BEFORE DECEMBER 1 EACH YEAR, THE SECRETARY 8
SHALL REPORT TO THE SENATE BUDGET AND TAXATION COMMITTEE AND THE 9
HOUSE APPROPRIATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE 10
STATE GOVERNMENT ARTICLE, ON THE AMOUNT OF FUNDING DISTRIBUT ED TO 11
EACH COUNTY AND MUNI CIPALITY UNDER THIS SECTION DURING THE P RIOR FISCAL 12
YEAR. 13
(II) THE REPORT UNDER SUBP ARAGRAPH (I) OF THIS 14
PARAGRAPH SHALL INCL UDE AN ESTIMATE OF : 15
1. THE NUMBER OF INDIVID UALS RECEIVING 16
TRANSPORTATION SE RVICES SUPPORTED BY THE DISTRIBUTIONS UN DER THIS 17
SECTION DURING THE P RIOR FISCAL YEAR ; 18
2. THE NUMBER OF INDIVID UAL TRIPS PROVIDED T O 19
INDIVIDUALS SUPPORTE D BY THE DISTRIBUTIO NS UNDER THIS SECTIO N DURING 20
THE PRIOR FISCAL YEA R; AND 21
3. THE NUMBER OF INDIVIDUAL TRIPS REQ UIRED BY 22
ELDERLY AND HANDICAP PED PERSONS IN THE STATE FOR THE PRIOR F ISCAL YEAR 23
AND THE NEXT FISCAL YEAR. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
1, 2022. 26