Maryland 2024 Regular Session

Maryland Senate Bill SB785 Compare Versions

Only one version of the bill is available at this time.

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	5	sb0785
6	6
7	7	SENATE BILL 785
8	8	D3 4lr3169
9	9	CF 4lr2731
10	10	By: Senator McKay
11	11	Introduced and read first time: February 1, 2024
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Public Nuisance – Common Carriers – Damage to Public Infrastructure 2
19	19
20	20	FOR the purpose of prohibiting certain common carriers from damaging certain public 3
21	21	infrastructure necessitating the closure of the infrastructure; establishing that a 4
22	22	violation of this Act is a public nuisance; authorizing the Attorney General or a 5
23	23	State’s Attorney to bring a civil action against a common carrier for a violation under 6
24	24	this Act; and generally relating to public nuisance actions against common carriers. 7
25	25
26	26	BY adding to 8
27	27	Article – Courts and Judicial Proceedings 9
28	28	Section 3–2301 and 3–2302 to be under the new subtitle “Subtitle 23. Public 10
29	29	Nuisance Caused by Common Carriers” 11
30	30	Annotated Code of Maryland 12
31	31	(2020 Replacement Volume and 2023 Supplement) 13
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
34	34	That the Laws of Maryland read as follows: 15
35	35
36	36	Article – Courts and Judicial Proceedings 16
37	37
38	38	SUBTITLE 23. PUBLIC NUISANCE CAUSED BY COMMON CARRIERS. 17
39	39
40	40	3–2301. 18
41	41
42	42	(A) IN THIS SUBTITLE THE FOLLOWING WO RDS HAVE THE MEANING S 19
43	43	INDICATED. 20
44	44
45	45	(B) (1) “COMMON CARRIER ” MEANS A PERSON THAT IS ENGAGED IN THE 21
46	46	PUBLIC TRANSPORTATIO N OF PERSONS FOR HIR E BY LAND. 22
47	47	2 SENATE BILL 785
48	48
49	49
50	50	(2) “COMMON CARRIER ” INCLUDES: 1
51	51
52	52	(I) A CAR COMPANY , A MOTOR VEHICLE COMP ANY, AN 2
53	53	AUTOMOBILE COMPANY , OR A MOTOR BUS COMPANY ; 3
54	54
55	55	(II) A RAILROAD COMPANY , STREET RAILROAD COMP ANY, OR 4
56	56	SLEEPING CAR COMPANY ; 5
57	57
58	58	(III) A TAXICAB COMPANY ; 6
59	59
60	60	(IV) A TRANSIT COMPANY ; AND 7
61	61
62	62	(V) A TRANSPORTATION NETWO RK COMPANY . 8
63	63
64	64	(3) “COMMON CARRIER ” DOES NOT INCLUDE ANY ENTITY OWNED BY 9
65	65	THE STATE OR A LOCAL GOVE RNMENT. 10
66	66
67	67	(C) “PUBLIC INFRASTRUCTURE ” MEANS A BRIDGE OR HI GHWAY OWNED , 11
68	68	CONTROLLED , OR MAINTAINED BY THE STATE OR A COUNTY OR MUNICIPAL 12
69	69	GOVERNMENT . 13
70	70
71	71	3–2302. 14
72	72
73	73	(A) (1) A COMMON CARRIER OR AN EMPLOYEE OF THE COMM ON CARRIER 15
74	74	MAY NOT CAUSE DAMAGE T O PUBLIC INFRASTRUCT URE THAT NECESSITATE S THE 16
75	75	CLOSURE OF THE PUBLI C INFRASTRUCTURE . 17
76	76
77	77	(2) A VIOLATION OF PARAGRA PH (1) OF THIS SUBSECTION I S A 18
78	78	PUBLIC NUISANCE . 19
79	79
80	80	(B) AN ACTION AGAINST A C OMMON CARRIER FOR A PUBLIC NUISANCE 20
81	81	CAUSED BY A VIOLATION OF THIS SE CTION MAY BE BROUGHT BY THE FOLLOWING : 21
82	82
83	83	(1) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 22
84	84	MAINTAINED BY THE STATE, THE ATTORNEY GENERAL; OR 23
85	85
86	86	(2) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 24
87	87	MAINTAINED BY A LOCA L GOVERNMENT , THE STATE’S ATTORNEY FOR THE COUN TY 25
88	88	IN WHICH THE INFRAST RUCTURE IS LOCATED . 26
89	89
90	90	(C) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , THE ATTORNEY 27
91	91	GENERAL OR STATE’S ATTORNEY MAY SEEK : 28
92	92	SENATE BILL 785 3
93	93
94	94
95	95	(I) INJUNCTIVE RELIEF ; 1
96	96
97	97	(II) DECLARATORY RELIEF ; AND 2
98	98
99	99	(III) COMPENSATOR Y DAMAGES FOR THE CO ST OF THE REPAIR 3
100	100	OR REPLACEMENT OF TH E AFFECTED INFRASTRU CTURE. 4
101	101
102	102	(2) IN ADDITION TO ANY RE LIEF GRANTED UNDER P ARAGRAPH (1) OF 5
103	103	THIS SUBSECTION , A COMMON CARRIER THA T VIOLATES SUBSECTIO N (A) OF THIS 6
104	104	SECTION IS LIABLE TO THE STATE OR LOCAL GOVERN MENT FOR CIVIL PENAL TIES 7
105	105	OF $1,000 PER DAY FOR EACH DAY THE PUBLIC NUISANCE CONTINUES UNTIL THE 8
106	106	PUBLIC INFRASTRUCTUR E IS SUFFICIENTLY RE PAIRED FOR PUBLIC US E OR IS 9
107	107	REPLACED. 10
108	108
109	109	(D) THE ATTORNEY GENERAL OR A STATE’S ATTORNEY MAY FILE AN 11
110	110	ACTION AGAINST A COM MON CARRIER UNDER TH IS SECTION AT ANY TI ME 12
111	111	FOLLOWING THE VIOLAT ION GIVING RISE TO T HE CAUSE OF ACTION A ND UNTIL THE 13
112	112	PUBLIC INFRASTRUCTUR E IS SUFFICIENTLY RE PAIRED FOR PUBLIC US E OR IS 14
113	113	REPLACED. 15
114	114
115	115	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
116	116	October 1, 2024. 17