EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0860*
HOUSE BILL 860
D3 5lr2481
HB 1126/24 – JUD & ECM
By: Delegate Buckel
Introduced and read first time: January 30, 2025
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 3–2601 and 3–2602 to be under the new subtitle “Subtitle 26. Public 10
Nuisance Caused by Common Carriers” 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2024 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 26. PUBLIC NUISANCE CAUSED BY COMMON CARRIERS. 17
3–2601. 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 860
(2) “COMMON CARRIER ” INCLUDES: 1
(I) A CAR COMPANY , A MOTOR VEHICLE COMP ANY, AN 2
AUTOMOBIL E COMPANY, OR A MOTOR BUS COMPA NY; 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 O WNED 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
3–2602. 14
(A) (1) A COMMON CARRIER OR AN EMPLOYEE OF TH E COMMON CARRIER 15
MAY NOT CAUSE DAMAGE TO PUBLIC INFRASTRUC TURE THAT NECESSITAT ES 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 NU ISANCE 20
CAUSED BY A VIOLATIO N OF THIS SECTION MA Y BE BROUGHT BY THE FOLLOWING: 21
(1) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 22
MAINTAINED BY THE STATE, THE STATE; OR 23
(2) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 24
MAINTAINED BY A LOCA L GOVERNM ENT, COUNSEL DESIGNATED O R RETAINED BY A 25
LOCAL GOVERNMENT OF THE JURISDICTION WHERE THE INFRASTRUCTURE I S 26
LOCATED. 27
(C) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , THE STATE OR A 28
LOCAL GOVERNMENT MAY SEEK: 29 HOUSE BILL 860 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 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 STATE OR A LOCAL GOVE RNMENT MAY FILE AN A CTION AGAINST A 11
COMMON CARRIER UNDER THIS SECTION AT ANY TIME FOLLOWING THE V IOLATION 12
GIVING RISE TO THE C AUSE OF ACTION AND UNTIL THE PUBLIC INFRASTRUCTUR E 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, 2025. 16