EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0785*
SENATE BILL 785
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CF 4lr2731
By: Senator McKay
Introduced and read first time: February 1, 2024
Assigned to: Judicial Proceedings
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 Attorney General or a 5
State’s Attorney to bring a civil action against a common carrier for a violation under 6
this Act; and 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 WO RDS HAVE THE MEANING S 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 SENATE BILL 785
(2) “COMMON CARRIER ” INCLUDES: 1
(I) A CAR COMPANY , A MOTOR VEHICLE COMP ANY, 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 GOVE RNMENT. 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 COMM ON CARRIER 15
MAY NOT CAUSE DAMAGE T O PUBLIC INFRASTRUCT URE THAT NECESSITATE S THE 16
CLOSURE OF THE PUBLI C INFRASTRUCTURE . 17
(2) A VIOLATION OF PARAGRA PH (1) OF THIS SUBSECTION I S A 18
PUBLIC NUISANCE . 19
(B) AN ACTION AGAINST A C OMMON CARRIER FOR A PUBLIC NUISANCE 20
CAUSED BY A VIOLATION OF THIS SE CTION MAY BE BROUGHT BY THE FOLLOWING : 21
(1) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 22
MAINTAINED BY THE STATE, THE ATTORNEY GENERAL; OR 23
(2) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 24
MAINTAINED BY A LOCA L GOVERNMENT , THE STATE’S ATTORNEY FOR THE COUN TY 25
IN WHICH THE INFRAST RUCTURE IS LOCATED . 26
(C) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , THE ATTORNEY 27
GENERAL OR STATE’S ATTORNEY MAY SEEK : 28
SENATE BILL 785 3
(I) INJUNCTIVE RELIEF ; 1
(II) DECLARATORY RELIEF ; AND 2
(III) COMPENSATOR Y DAMAGES FOR THE CO ST OF THE REPAIR 3
OR REPLACEMENT OF TH E AFFECTED INFRASTRU CTURE. 4
(2) IN ADDITION TO ANY RE LIEF GRANTED UNDER P ARAGRAPH (1) OF 5
THIS SUBSECTION , A COMMON CARRIER THA T VIOLATES SUBSECTIO N (A) OF THIS 6
SECTION IS LIABLE TO THE STATE OR LOCAL GOVERN MENT FOR CIVIL PENAL TIES 7
OF $1,000 PER DAY FOR EACH DAY THE PUBLIC NUISANCE CONTINUES UNTIL THE 8
PUBLIC INFRASTRUCTUR E IS SUFFICIENTLY RE PAIRED FOR PUBLIC US E OR IS 9
REPLACED. 10
(D) THE ATTORNEY GENERAL OR A STATE’S ATTORNEY MAY FILE AN 11
ACTION AGAINST A COM MON CARRIER UNDER TH IS SECTION AT ANY TI ME 12
FOLLOWING THE VIOLAT ION GIVING RISE TO T HE CAUSE OF ACTION A ND UNTIL THE 13
PUBLIC INFRASTRUCTUR E IS SUFFICIENTLY RE PAIRED FOR PUBLIC US E OR IS 14
REPLACED. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2024. 17