1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *sb0514* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 514 |
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8 | 8 | | R1 4lr3028 |
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9 | 9 | | CF HB 389 |
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10 | 10 | | By: Senator A. Washington |
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11 | 11 | | Introduced and read first time: January 24, 2024 |
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12 | 12 | | Assigned to: Judicial Proceedings |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | State Highways – Sidewalks and Bicycle Pathways – Maintenance and Repair 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of repealing a requirement that a political subdivision maintain and 3 |
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21 | 21 | | repair certain sidewalks constructed by any developer of an industrial, commercial, 4 |
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22 | 22 | | or apartment area along a highway maintained by the State Highway 5 |
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23 | 23 | | Administration; repealing a requirement that a political subdivision maintain and 6 |
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24 | 24 | | repair sidewalks and bicycle pathways constructed or reconstructed as part of the 7 |
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25 | 25 | | construction or reconstruction of an urban highway or in response to the request of 8 |
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26 | 26 | | a local government; and generally relating to maintaining and repairing sidewalks 9 |
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27 | 27 | | and bicycle pathways. 10 |
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28 | 28 | | |
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29 | 29 | | BY repealing and reenacting, without amendments, 11 |
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30 | 30 | | Article – Transportation 12 |
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31 | 31 | | Section 8–629(a) and 8–630(b) and (c)(1) and (2) 13 |
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32 | 32 | | Annotated Code of Maryland 14 |
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33 | 33 | | (2020 Replacement Volume and 2023 Supplement) 15 |
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34 | 34 | | |
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35 | 35 | | BY repealing 16 |
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36 | 36 | | Article – Transportation 17 |
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37 | 37 | | Section 8–629(c) 18 |
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38 | 38 | | Annotated Code of Maryland 19 |
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39 | 39 | | (2020 Replacement Volume and 2023 Supplement) 20 |
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40 | 40 | | |
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41 | 41 | | BY repealing and reenacting, with amendments, 21 |
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42 | 42 | | Article – Transportation 22 |
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43 | 43 | | Section 8–630(c)(6) 23 |
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44 | 44 | | Annotated Code of Maryland 24 |
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45 | 45 | | (2020 Replacement Volume and 2023 Supplement) 25 |
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46 | 46 | | |
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47 | 47 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 |
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48 | 48 | | That the Laws of Maryland read as follows: 27 2 SENATE BILL 514 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | |
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52 | 52 | | Article – Transportation 1 |
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53 | 53 | | |
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54 | 54 | | 8–629. 2 |
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55 | 55 | | |
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56 | 56 | | (a) (1) With the concurrence of the local government, the Administration may 3 |
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57 | 57 | | require any developer of an industrial, commercial, or apartment area along a highway 4 |
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58 | 58 | | maintained by the Administration to construct sidewalks parallel to the highway. 5 |
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59 | 59 | | |
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60 | 60 | | (2) The construction of these sidewalks shall meet the conditions specified 6 |
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61 | 61 | | in entrance permits and the standards adopted by the Administration or the local 7 |
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62 | 62 | | government. 8 |
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63 | 63 | | |
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64 | 64 | | [(c) After sidewalks are constructed under this section, they shall be maintained 9 |
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65 | 65 | | and repaired by the political subdivision in which they are located.] 10 |
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66 | 66 | | |
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67 | 67 | | 8–630. 11 |
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68 | 68 | | |
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69 | 69 | | (b) (1) Sidewalks shall be constructed at the time of construction or 12 |
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70 | 70 | | reconstruction of an urban highway, or in response to the request of a local government 13 |
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71 | 71 | | unless: 14 |
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72 | 72 | | |
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73 | 73 | | (i) The Administration determines that the cost or impacts of 15 |
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74 | 74 | | constructing the sidewalks would be too great in relation to the need for them or their 16 |
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75 | 75 | | probable use; or 17 |
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76 | 76 | | |
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77 | 77 | | (ii) The local government indicates that there is no need for 18 |
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78 | 78 | | sidewalks. 19 |
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79 | 79 | | |
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80 | 80 | | (2) Sidewalks constructed under this section shall be consistent with area 20 |
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81 | 81 | | master plans and transportation plans adopted by the local planning commission. 21 |
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82 | 82 | | |
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83 | 83 | | (c) (1) If sidewalks or bicycle pathways are constructed or reconstructed as 22 |
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84 | 84 | | part of a roadway construction or reconstruction project, the Administration shall fund the 23 |
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85 | 85 | | sidewalk or bicycle pathway construction or reconstruction as a part of the cost of the 24 |
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86 | 86 | | roadway project. 25 |
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87 | 87 | | |
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88 | 88 | | (2) Except as provided in paragraphs (3) and (4) of this subsection, if 26 |
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89 | 89 | | sidewalks or bicycle pathways are constructed or reconstructed in response to a request 27 |
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90 | 90 | | from a local government and the adjacent roadway is not being concurrently constructed or 28 |
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91 | 91 | | reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be 29 |
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92 | 92 | | shared equally between the State and local governments. 30 |
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93 | 93 | | |
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94 | 94 | | (6) [(i) Except as provided in subparagraph (ii) of this paragraph, after 31 |
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95 | 95 | | sidewalks and bicycle pathways are constructed under this section, they shall be 32 |
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96 | 96 | | maintained and repaired by the political subdivision in which they are located. 33 |
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97 | 97 | | SENATE BILL 514 3 |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | (ii)] Subject to approval and the availability of funds, the 1 |
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101 | 101 | | Administration promptly shall reimburse a political subdivision for the preapproved and 2 |
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102 | 102 | | documented costs incurred in reconstructing a segment of a sidewalk or bicycle pathway 3 |
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103 | 103 | | that has deteriorated to the extent that repair is not practical or desirable for public safety. 4 |
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104 | 104 | | |
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105 | 105 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 |
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106 | 106 | | October 1, 2024. 6 |
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107 | 107 | | |
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