Maryland 2022 Regular Session

Maryland Senate Bill SB838 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 416
2		-
3		-	– 1 –
4		-	Chapter 416
5		-	(Senate Bill 838)
6		-
7		-	AN ACT concerning
8		-
9		-	Transportation – Elderly and Handicapped Transportation Service – County
10		-	Funding
11		-
12		-	FOR the purpose of requiring the Secretary of Transportation to identify separately within
13		-	the Department of Transportation’s annual budget at least a certain amount of
14		-	funding in a certain fiscal year and all subsequent fiscal years to be used for county
15		-	elderly and handicapped transportation service; and generally relating to county
16		-	funding for elderly and handicapped transportation service.
17		-
18		-	BY repealing and reenacting, without amendments,
19		-	Article – Transportation
20		-	Section 2–103.3(a), (c), (d), and (e)
21		-	Annotated Code of Maryland
22		-	(2020 Replacement Volume and 2021 Supplement)
23		-
24		-	BY repealing and reenacting, with amendments,
25		-	Article – Transportation
26		-	Section 2–103.3(b) and (h)
27		-	Annotated Code of Maryland
28		-	(2020 Replacement Volume and 2021 Supplement)
29		-
30		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
31		-	That the Laws of Maryland read as follows:
32		-
33		-	Article – Transportation
34		-
35		-	2–103.3.
36		-
37		-	(a) (1) In this section the following words have the meanings indicated.
38		-
39		-	(2) “County” includes Baltimore City.
40		-
41		-	(3) “Elderly and handicapped person” means any person who, by reason of
42		-	illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or
43		-	disability, is unable to use mass transit facilities and services as effectively as a person who
44		-	is not so affected.
45		-
46		-	(4) “Transportation service” means any transportation option or mix of
47		-	options that may include paratransit or fixed route service, established or employed by a
48		-	county to accommodate the transportation needs of its elderly and handicapped residents.
49		-	Ch. 416 2022 LAWS OF MARYLAND
50		-
51		-	– 2 –
52		-	(b) (1) (I) [The] SUBJECT TO SUBPARAGRA PHS (II) THROUGH (IV) OF
53		-	THIS PARAGRAPH , THE Secretary shall identify separately within the Department’s
54		-	annual budget an amount [that the Secretary deems necessary] to be used for elderly and
55		-	handicapped transportation service in each county.
56		-
57		-	(II) FOR FISCAL YEAR 2024, THE SECRETARY SHALL IDENT IFY
58		-	SEPARATELY WITHIN TH E DEPARTMENT ’S ANNUAL BUDGET AT L EAST $4,305,908
59		-	TO BE USED FOR ELDER LY AND HANDICAPPED T RANSPORTATION SERVIC E.
60		-
61		-	(III) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR
62		-	THEREAFTER , THE SECRETARY SHALL IDENT IFY SEPARATELY WITHI N THE
63		-	DEPARTMENT ’S ANNUAL BUDGET AN A MOUNT FOR ELDERLY AN D HANDICAPPED
64		-	TRANSPORTATION SERVI CE THAT IS EQUAL TO AT LEAST THE AMOUNT IN THE
65		-	IMMEDIATELY PRECE DING FISCAL YEAR ADJ USTED FOR INFLATION IN
66		-	ACCORDANCE WITH SUBP ARAGRAPH (IV) OF THIS PARAGRAPH .
67		-
68		-	(IV) 1. THE INFLATION ADJUSTM ENT SHALL EQUAL THE
69		-	PRODUCT OF MULTIPLYI NG THE AMOUNT OF FUN DING IN THE IMMEDIAT ELY
70		-	PRECEDING FISCAL YEA R BY THE PERCENTAGE INCREASE IN THE CONSUMER PRICE
71		-	INDEX FOR ALL URBAN CONSUMERS.
72		-
73		-	2. THE PERCENTAGE INCREA SE IN THE CONSUMER
74		-	PRICE INDEX FOR ALL URBAN CONSUMERS SHALL BE DE TERMINED BY COMPARIN G
75		-	THE AVERAGE OF THE I NDEX FOR THE 12 MONTHS ENDING ON THE NOVEMBER 30
76		-	IMMEDIATEL Y PRECEDING THE FISC AL YEAR FOR WHICH TH E FUNDING AMOUNT IS
77		-	BEING CALCULATED TO THE AVERAGE OF THE I NDEX FOR THE PRIOR 12 MONTHS.
78		-
79		-	3. IF THERE IS A DECLINE OR NO GROWTH IN THE
80		-	CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, THE AMOUNT OF FUNDIN G
81		-	UNDER THIS PARAGRAPH SHALL REMAIN UNCHANGED .
82		-
83		-	(2) The amount the Secretary identifies, or such other amount as may be
84		-	appropriated by the General Assembly for the provision of elderly and handicapped
85		-	transportation service in each county, shall be distributed as provided in subsections (c),
86		-	(d), and (e) of this section.
87		-
88		-	(c) (1) Of the amount separately identified or otherwise appropriated under
89		-	subsection (b) of this section, the Secretary shall:
90		-
91		-	(i) Allocate 60 percent equally among the counties; and
92		-
93		-	(ii) Allocate the remaining amount among the counties in proportion
94		-	to their respective percentages of the State’s combined elderly and handicapped population.
95		-	LAWRENCE J. HOGAN, JR., Governor Ch. 416
96		-
97		-	– 3 –
98		-	(2) Subject to the limitations provided in subsection (f) of this section, the
99		-	Secretary shall distribute all such allocated amounts to those counties which file a written
100		-	application with the Department in such form and detail as the Secretary requires.
101		-
102		-	(3) A written application submitted by a county under this subsection may
103		-	not be accepted or considered by the Secretary unless the local area agency on aging
104		-	certifies its approval of the project for the funding for which the application is made.
105		-
106		-	(4) The Secretary shall consult with the Department of Aging and the
107		-	Department of Disabilities in distributing the funds available under this section.
108		-
109		-	(d) (1) In determining local transportation needs, the counties shall take into
110		-	account the elderly and handicapped transportation needs of the municipalities within
111		-	their jurisdictions. Nothing in this section shall preclude a municipality from requesting
112		-	the county to apply for part or all of the county’s allocation of funds available under this
113		-	section on behalf of the municipality.
114		-
115		-	(2) In the event a municipality believes it is not afforded a reasonable share
116		-	of the funds available to the county under this section, the municipality may appeal the
117		-	county’s allocation decision directly to the Secretary.
118		-
119		-	(e) (1) If any of the allocated funds described in subsection (c) of this section
120		-	are not applied for by the counties within 6 months after the beginning of the fiscal year,
121		-	the Secretary shall make those funds available to counties pursuant to application
122		-	procedures and criteria developed by the Secretary, in consultation with the Department
123		-	of Aging and the Department of Disabilities. The criteria shall provide that:
124		-
125		-	(i) Such funds may be made available to counties in which the
126		-	Secretary determines that additional funds for transportation service to the elderly and
127		-	handicapped are most needed; and
128		-
129		-	(ii) Local match requirements described in subsection (f) of this
130		-	section shall apply to all disbursements.
131		-
132		-	(2) A written application submitted by a county under this subsection may
133		-	not be accepted or considered by the Secretary unless the local area agency on aging
134		-	certifies its approval of the project for the funding for which the application is made.
135		-
136		-	(h) (1) The Secretary in consultation with the Department of Aging and the
137		-	Department of Disabilities shall monitor the use of funds provided under this section.
138		-
139		-	(2) (I) ON OR BEFORE DECEMBER 1 EACH YEAR, THE SECRETARY
140		-	SHALL REPORT TO THE SENATE BUDGET AND TAXATION COMMITTEE AND THE
141		-	HOUSE APPROPRIATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE
142		-	STATE GOVERNMENT ARTICLE, ON THE AMOUNT O F FUNDING DISTRIBUTE D TO Ch. 416 2022 LAWS OF MARYLAND
143		-
144		-	– 4 –
145		-	EACH COUNTY AND MUNI CIPALITY UNDER THIS SECTION DURING THE P RIOR FISCAL
146		-	YEAR.
147		-
148		-	(II) THE REPORT UNDER SUBP ARAGRAPH (I) OF THIS
149		-	PARAGRAPH SHALL INCL UDE AN ESTIMATE OF :
150		-
151		-	1. THE NUMBER OF INDIVID UALS RECEIVING
152		-	TRANSPORTATION SER VICES SUPPORTED BY T HE DISTRIBUTIONS UND ER THIS
153		-	SECTION DURING THE P RIOR FISCAL YEAR ;
154		-
155		-	2. THE NUMBER OF INDIVID UAL TRIPS PROVIDED T O
156		-	INDIVIDUALS SUPPORTE D BY THE DISTRIBUTIO NS UNDER THIS SECTIO N DURING
157		-	THE PRIOR FISCAL YEA R; AND
158		-
159		-	3. THE NUMBER OF INDIVIDUAL TRIPS REQ UIRED BY
160		-	ELDERLY AND HANDICAP PED PERSONS IN THE STATE FOR THE PRIOR F ISCAL YEAR
161		-	AND THE NEXT FISCAL YEAR.
162		-
163		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
164		-	1, 2022.
165	1
166	2
167		-	Approved by the Governor, May 16, 2022.
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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	+	sb0838
	9	+
	10	+	SENATE BILL 838
	11	+	R2 2lr2960
	12	+	CF HB 1019
	13	+	By: Senator Young
	14	+	Introduced and read first time: February 7, 2022
	15	+	Assigned to: Budget and Taxation
	16	+	Committee Report: Favorable with amendments
	17	+	Senate action: Adopted
	18	+	Read second time: March 4, 2022
	19	+
	20	+	CHAPTER ______
	21	+
	22	+	AN ACT concerning 1
	23	+
	24	+	Transportation – Elderly and Handicapped Transportation Service – County 2
	25	+	Funding 3
	26	+
	27	+	FOR the purpose of requiring the Secretary of Transportation to identify separately within 4
	28	+	the Department of Transportation’s annual budget at least a certain amount of 5
	29	+	funding in a certain fiscal year and all subsequent fiscal years to be used for county 6
	30	+	elderly and handicapped transportation service; and generally relating to county 7
	31	+	funding for elderly and handicapped transportation service. 8
	32	+
	33	+	BY repealing and reenacting, without amendments, 9
	34	+	Article – Transportation 10
	35	+	Section 2–103.3(a), (c), (d), and (e) 11
	36	+	Annotated Code of Maryland 12
	37	+	(2020 Replacement Volume and 2021 Supplement) 13
	38	+
	39	+	BY repealing and reenacting, with amendments, 14
	40	+	Article – Transportation 15
	41	+	Section 2–103.3(b) and (h) 16
	42	+	Annotated Code of Maryland 17
	43	+	(2020 Replacement Volume and 2021 Supplement) 18
	44	+
	45	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
	46	+	That the Laws of Maryland read as follows: 20
	47	+
	48	+	Article – Transportation 21 2 SENATE BILL 838
	49	+
	50	+
	51	+
	52	+	2–103.3. 1
	53	+
	54	+	(a) (1) In this section the following words have the meanings indicated. 2
	55	+
	56	+	(2) “County” includes Baltimore City. 3
	57	+
	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
	62	+
	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
	66	+
	67	+	(b) (1) (I) [The] SUBJECT TO SUBPARAGRA PHS (II) THROUGH (IV) OF 11
	68	+	THIS PARAGRAPH , THE Secretary shall identify separately within the Department’s 12
	69	+	annual budget an amount [that the Secretary deems necessary] to be used for elderly and 13
	70	+	handicapped transportation service in each county. 14
	71	+
	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
	75	+
	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
	82	+
	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	+	SENATE BILL 838 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 UNCHANG ED. 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 SENATE BILL 838
	143	+
	144	+
	145	+
	146	+	(ii) Local match requirements described in subsection (f) of this 1
	147	+	section shall apply to all disbursements. 2
	148	+
	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
	152	+
	153	+	(h) (1) The Secretary in consultation with the Department of Aging and the 6
	154	+	Department of Disabilities shall monitor the use of funds provided under this section. 7
	155	+
	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 FUN DING DISTRIBUTED TO 11
	160	+	EACH COUNTY AND MUNI CIPALITY UNDER THIS SECTION DURING THE P RIOR FISCAL 12
	161	+	YEAR. 13
	162	+
	163	+	(II) THE REPORT UNDER SUBPARAGRAPH (I) OF THIS 14
	164	+	PARAGRAPH SHALL INCL UDE AN ESTIMATE OF : 15
	165	+
	166	+	1. THE NUMBER OF INDIVID UALS RECEIVING 16
	167	+	TRANSPORTATION SERVI CES SUPPORTED BY THE DISTRIBUTIONS UNDER THIS 17
	168	+	SECTION DURING THE P RIOR FISCAL YEAR ; 18
	169	+
	170	+	2. THE NUMBER OF INDIVID UAL TRIPS PRO VIDED TO 19
	171	+	INDIVIDUALS SUPPORTE D BY THE DISTRIBUTIO NS UNDER THIS SECTIO N DURING 20
	172	+	THE PRIOR FISCAL YEA R; AND 21
	173	+
	174	+	3. THE NUMBER OF INDIVID UAL TRIPS REQUIRED B Y 22
	175	+	ELDERLY AND HANDICAP PED PERSONS IN THE STATE FOR THE PRIOR F ISCAL YEAR 23
	176	+	AND THE NEXT FISCAL YEAR. 24
	177	+
	178	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
	179	+	1, 2022. 26
	180	+
	181	+
	182	+