EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1126*
HOUSE BILL 1126
D3 4lr2731
CF SB 785
By: Delegate Buckel
Introduced and read first time: February 7, 2024
Assigned to: Judiciary and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Public Nuisance – Common Carriers – Damage to Public Infrastructure 2
FOR the purpose of prohibiting certain common carriers from damaging certain public 3
infrastructure necessitating the closure of the infrastructure; establishing that a 4
violation of this Act is a public nuisance; authorizing the State or a local government 5
to bring a civil action against a common carrier for a violation under this Act; and 6
generally relating to public nuisance actions against common carriers. 7
BY adding to 8
Article – Courts and Judicial Proceedings 9
Section 3–2301 and 3–2302 to be under the new subtitle “Subtitle 23. Public 10
Nuisance Caused by Common Carriers” 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2023 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Courts and Judicial Proceedings 16
SUBTITLE 23. PUBLIC NUISANCE CAUSED BY COMMON CARRIERS. 17
3–2301. 18
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(B) (1) “COMMON CARRIER ” MEANS A PERSON THAT IS ENGAGED IN THE 21
PUBLIC TRANSPORTATIO N OF PERSONS FOR HIR E BY LAND. 22
2 HOUSE BILL 1126
(2) “COMMON CARRIER ” INCLUDES: 1
(I) A CAR COMPANY , A MOTOR VEHICLE COMPAN Y, AN 2
AUTOMOBILE COMPANY , OR A MOTOR BUS COMPANY ; 3
(II) A RAILROAD COMPANY , STREET RAILROAD COMP ANY, OR 4
SLEEPING CAR COMPANY ; 5
(III) A TAXICAB COMPANY ; 6
(IV) A TRANSIT COMPANY ; AND 7
(V) A TRANSPORTATION NETWO RK COMPANY. 8
(3) “COMMON CARRIER ” DOES NOT INCLUDE ANY ENTITY OWNED BY 9
THE STATE OR A LOCAL GOVERNMENT . 10
(C) “PUBLIC INFRASTRUCTURE ” MEANS A BRIDGE OR HI GHWAY OWNED , 11
CONTROLLED , OR MAINTAINED BY THE STATE OR A COUNTY OR MUNICIPAL 12
GOVERNMENT . 13
3–2302. 14
(A) (1) A COMMON CARRIER OR AN EMPLOYEE OF THE COMMON CARRIER 15
MAY NOT CAUSE DAMAGE TO PUBLIC INFRASTRUCTURE THAT NECESSITATES THE 16
CLOSURE OF THE PUBLIC INFRASTRUCTURE . 17
(2) A VIOLATION OF PARAGRAPH (1) OF THIS SUBSECTION IS A 18
PUBLIC NUISANCE . 19
(B) AN ACTION AGAINST A COMMON CAR RIER FOR A PUBLIC NUISANC E 20
CAUSED BY A VIOLATIO N OF THIS SECTION MAY BE BROUGHT BY THE FOLLOWING : 21
(1) FOR PUBLIC INFRASTRUCTURE OWNED , CONTROLLED , OR 22
MAINTAINED BY THE STATE, THE STATE; OR 23
(2) FOR PUBLIC INFRASTRUCTURE OWNED , CONTROLLED , OR 24
MAINTAINED BY A LOCAL GOVERNMEN T, COUNSEL DESIGNATED O R RETAINED BY A 25
LOCAL GOVERNMENT IN WHICH THE INFRAST RUCTURE IS LOCATED . 26
(C) (1) IN AN ACTION BROUGHT UND ER THIS SECTION , THE STATE OR A 27
LOCAL GOVERNMENT MAY SEEK: 28
HOUSE BILL 1126 3
(I) INJUNCTIVE RELIEF; 1
(II) DECLARATORY RELIEF; AND 2
(III) COMPENSATORY DAMAGES FOR THE COST OF THE REPAIR 3
OR REPLACEMENT OF TH E AFFECTED INFRASTRUCTURE . 4
(2) IN ADDITION TO ANY RE LIEF GRANTED UNDER PARAGRAPH (1) OF 5
THIS SUBSECTION, A COMMON CARRIER THAT VIOLATES SUBSECTION (A) OF THIS 6
SECTION IS LIABLE TO THE STATE OR LOCAL GOVERN MENT FOR CIVIL PENALTIES 7
OF $1,000 PER DAY FOR EACH DAY THE PUBLIC NUISANCE CONTINUES UNTIL THE 8
PUBLIC INFRASTRUCTUR E IS SUFFICIENTLY REPAIRED FOR PUBLIC USE OR IS 9
REPLACED. 10
(D) THE STATE OR A LOCAL GOVERNMENT MAY FILE AN ACTION A GAINST A 11
COMMON CARRIER UNDER THIS SECTION AT ANY TIME FOLLOWIN G THE VIOLATION 12
GIVING RISE TO THE C AUSE OF ACTION AND U NTIL THE PUBLIC INFR ASTRUCTURE 13
IS SUFFICIENTLY REPA IRED FOR PUBLIC USE OR IS REPLACED. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2024. 16