Maryland 2025 Regular Session

Maryland House Bill HB860 Compare Versions

Version 1 (Old)

Version 2 (New)

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		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		hb0860
10	9
11	10		HOUSE BILL 860
12		-	D3 (5lr2481)
13		-	ENROLLED BILL
14		-	— Judiciary and Economic Matters/Judicial Proceedings —
15		-	Introduced by Delegate Buckel Delegates Buckel, Cardin, Conaway, Kaufman,
16		-	Phillips, Schmidt, Simmons, and Stinnett
17		-
18		-	Read and Examined by Proofreaders:
19		-
20		-	_______________________________________________
21		-	Proofreader.
22		-	_______________________________________________
23		-	Proofreader.
24		-
25		-	Sealed with the Great Seal and presented to the Governor, for his approval this
26		-
27		-	_______ day of _______________ at ________________________ o’clock, ________M.
28		-
29		-	______________________________________________
30		-	Speaker.
	11	+	D3 5lr2481
	12	+	HB 1126/24 – JUD & ECM
	13	+	By: Delegate Buckel Delegates Buckel, Cardin, Conaway, Kaufman, Phillips,
	14	+	Schmidt, Simmons, and Stinnett
	15	+	Introduced and read first time: January 30, 2025
	16	+	Assigned to: Judiciary and Economic Matters
	17	+	Committee Report: Favorable with amendments
	18	+	House action: Adopted
	19	+	Read second time: March 4, 2025
31	20
32	21		CHAPTER ______
33	22
34	23		AN ACT concerning 1
35	24
36	25		Public Nuisance – Common Carriers – Damage to Public Infrastructure 2
37	26
38	27		FOR the purpose of prohibiting certain common carriers from damaging certain public 3
39	28		infrastructure necessitating the closure of the infrastructure; establishing that a 4
40	29		violation of this Act is a public nuisance; authorizing the State or a local government 5
41	30		to bring a civil action against a common carrier for a violation under this Act; and 6
42	31		generally relating to public nuisance actions against common carriers. 7
43	32
44	33		BY adding to 8
45	34		Article – Courts and Judicial Proceedings 9
46	35		Section 3–2601 and 3–2602 to be under the new subtitle “Subtitle 26. Public 10
47	36		Nuisance Caused by Common Carriers” 11
48	37		Annotated Code of Maryland 12
49		-	(2020 Replacement Volume and 2024 Supplement) 13 2 HOUSE BILL 860
	38	+	(2020 Replacement Volume and 2024 Supplement) 13
	39	+
	40	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
	41	+	That the Laws of Maryland read as follows: 15
	42	+
	43	+	Article – Courts and Judicial Proceedings 16
	44	+
	45	+	SUBTITLE 26. PUBLIC NUISANCE CAUSED BY COMMON CARRIERS. 17
	46	+
	47	+	3–2601. 18
	48	+	2 HOUSE BILL 860
	49	+
	50	+
	51	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
	52	+	INDICATED. 2
	53	+
	54	+	(B) (1) “COMMON CARRIER” MEANS A PERSON THAT IS ENGAGED IN THE 3
	55	+	PUBLIC TRANSPORTATIO N OF PERSONS FOR HIR E BY LAND. 4
	56	+
	57	+	(2) “COMMON CARRIER ” INCLUDES: 5
	58	+
	59	+	(I) A CAR COMPANY , A MOTOR VEHICLE COMP ANY, AN 6
	60	+	AUTOMOBILE COMPANY , OR A MOTOR BUS COMPA NY; 7
	61	+
	62	+	(II) A RAILROAD COMPANY , STREET RAILROAD COMP ANY, OR 8
	63	+	SLEEPING CAR COMPANY ; 9
	64	+
	65	+	(III) A TAXICAB COMPANY ; 10
	66	+
	67	+	(IV) A TRANSIT COMPANY ; AND 11
	68	+
	69	+	(V) A TRANSPORTATION NETWO RK COMPANY . 12
	70	+
	71	+	(3) “COMMON CARRIER ” DOES NOT INCLUDE ANY ENTITY OWNED BY 13
	72	+	THE STATE OR A LOCAL GOVE RNMENT. 14
	73	+
	74	+	(C) “PUBLIC INFRASTRUCTURE ” MEANS A BRIDGE OR HI GHWAY OWNED , 15
	75	+	CONTROLLED , OR MAINTAINED BY THE STATE OR A COUNTY OR MUNICIPAL 16
	76	+	GOVERNMENT . 17
	77	+
	78	+	3–2602. 18
	79	+
	80	+	(A) (1) A COMMON CARRIER OR AN EMPLOYEE OF THE COMM ON CARRIER 19
	81	+	MAY NOT CAUSE DAMAGE TO PUBLIC INFRASTRUC TURE THAT NECESSITATES THE 20
	82	+	CLOSURE OF THE PUBLI C INFRASTRUCTURE . 21
	83	+
	84	+	(2) A VIOLATION OF PARAGRA PH (1) OF THIS SUBSECTION I S A 22
	85	+	PUBLIC NUISANCE . 23
	86	+
	87	+	(B) AN ACTION AGAINST A C OMMON CARRIER FOR A PUBLIC NUISANCE 24
	88	+	CAUSED BY A VIOLATIO N OF THIS SECTION MA Y BE BROUGHT BY THE FOLLOWING: 25
	89	+
	90	+	(1) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 26
	91	+	MAINTAINED BY THE STATE, THE STATE; OR 27
	92	+
	93	+	(2) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 28
	94	+	MAINTAINED BY A LOCA L GOVERNMENT , COUNSEL DESIGNATED O R RETAINED BY A 29 HOUSE BILL 860 3
	95	+
	96	+
	97	+	LOCAL GOVERNMENT OF THE JURISDICTION WHERE T HE INFRASTRUCTURE IS 1
	98	+	LOCATED. 2
	99	+
	100	+	(C) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , THE STATE OR A 3
	101	+	LOCAL GOVERNMENT MAY SEEK: 4
	102	+
	103	+	(I) INJUNCTIVE RELIEF ; 5
	104	+
	105	+	(II) DECLARATORY RELIEF ; AND 6
	106	+
	107	+	(III) COMPENSATORY DAMAGES FOR THE COST OF THE REPAIR 7
	108	+	OR REPLACEMENT OF TH E AFFECTED INFRASTRU CTURE. 8
	109	+
	110	+	(2) IN ADDITION TO ANY RE LIEF GRANTED UNDER P ARAGRAPH (1) OF 9
	111	+	THIS SUBSECTION , A COMMON CARRIER THA T VIOLATES SUBSECTIO N (A) OF THIS 10
	112	+	SECTION IS MAY BE LIABLE TO THE STATE OR LOCAL GOVERN MENT FOR CIVIL 11
	113	+	PENALTIES OF $1,000 PER DAY FOR EACH DAY THE PUBLIC NUISANCE CONTINUES 12
	114	+	UNTIL THE PUBLIC INF RASTRUCTURE IS SUFFI CIENTLY REPAIRED FOR PUBLIC USE 13
	115	+	OR IS REPLACED . 14
	116	+
	117	+	(D) THE STATE OR A LOCAL GOVE RNMENT MAY FILE AN A CTION AGAINST A 15
	118	+	COMMON CARRIER UNDER THIS SECTION AT ANY TIME FOLLO WING THE VIOLATION 16
	119	+	GIVING RISE TO THE C AUSE OF ACTION AND U NTIL THE PUBLIC INFR ASTRUCTURE 17
	120	+	IS SUFFICIENTLY REPA IRED FOR PUBLIC USE OR IS REPLACED . 18
	121	+
	122	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
	123	+	October 1, 2025. 20
50	124
51	125
52	126
53		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
54		-	That the Laws of Maryland read as follows: 2
55	127
56		-	Article – Courts and Judicial Proceedings 3
57		-
58		-	SUBTITLE 26. PUBLIC NUISANCE CAUSED BY COMMON CARRIERS. 4
59		-
60		-	3–2601. 5
61		-
62		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
63		-	INDICATED. 7
64		-
65		-	(B) (1) “COMMON CARRIER ” MEANS A PERSON THAT IS ENGAGED IN T HE 8
66		-	PUBLIC TRANSPORTATIO N OF PERSONS FOR HIR E BY LAND. 9
67		-
68		-	(2) “COMMON CARRIER ” INCLUDES: 10
69		-
70		-	(I) A CAR COMPANY , A MOTOR VEHICLE COMP ANY, AN 11
71		-	AUTOMOBILE COMPANY , OR A MOTOR BUS COMPA NY; 12
72		-
73		-	(II) A RAILROAD COMPANY , STREET RAILROAD COMP ANY, OR 13
74		-	SLEEPING CAR COMPANY ; AND 14
75		-
76		-	(III) A TAXICAB COMPANY ; 15
77		-
78		-	(IV) A TRANSIT COMPANY ; AND 16
79		-
80		-	(V) A TRANSPORTATION NETWO RK COMPANY . 17
81		-
82		-	(3) “COMMON CARRIER ” DOES NOT INCLUDE ANY ENTITY OWNED BY 18
83		-	THE STATE OR A LOCAL GOVE RNMENT. 19
84		-
85		-	(C) “PUBLIC INFRASTRUCTURE ” MEANS A BRIDGE OR HI GHWAY OWNED , 20
86		-	CONTROLLED , OR MAINTAINED BY THE STATE OR A COUNTY OR MUNICIPAL 21
87		-	GOVERNMENT . 22
88		-
89		-	3–2602. 23
90		-
91		-	(A) (1) A COMMON CARRIER OR AN EMPLOYEE OF THE COMM ON CARRIER 24
92		-	MAY NOT CAUSE DAMAGE TO PUBLIC INFRASTRUC TURE THAT NECESSITAT ES THE 25
93		-	CLOSURE OF THE PUBLIC INF RASTRUCTURE . 26
94		-
95		-	(2) A VIOLATION OF PARAGRA PH (1) OF THIS SUBSECTION I S A 27
96		-	PUBLIC NUISANCE . 28 HOUSE BILL 860 3
97		-
98		-
99		-
100		-	(B) AN ACTION AGAINST A C OMMON CARRIER FOR A PUBLIC NUISANCE 1
101		-	CAUSED BY A VIOLATIO N OF THIS SECTION MA Y BE BROUGHT BY THE FOLLOWING: 2
102		-
103		-	(1) FOR PUBLIC INFRASTRUCTUR E OWNED , CONTROLLED , OR 3
104		-	MAINTAINED BY THE STATE, THE STATE; OR 4
105		-
106		-	(2) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 5
107		-	MAINTAINED BY A LOCA L GOVERNMENT , COUNSEL DESIGNATED O R RETAINED BY A 6
108		-	LOCAL GOVERNMENT OF THE JURISDICTION WHE RE THE INFRASTRUCTURE IS 7
109		-	LOCATED. 8
110		-
111		-	(C) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , THE STATE OR A 9
112		-	LOCAL GOVERNMENT MAY SEEK: 10
113		-
114		-	(I) INJUNCTIVE RELIEF ; 11
115		-
116		-	(II) DECLARATORY RELIEF ; AND 12
117		-
118		-	(III) COMPENSATORY DAMAGES FOR THE COST OF THE REPAIR 13
119		-	OR REPLACEMENT OF T HE AFFECTED INFRASTR UCTURE. 14
120		-
121		-	(2) IN ADDITION TO ANY RE LIEF GRANTED UNDER P ARAGRAPH (1) OF 15
122		-	THIS SUBSECTION , A COMMON CARRIER THA T VIOLATES SUBSECTIO N (A) OF THIS 16
123		-	SECTION IS MAY BE LIABLE TO THE STATE OR LOCAL GOVERN MENT FOR CIVIL 17
124		-	PENALTIES OF $1,000 PER DAY FOR EACH DAY THE PUBLIC NUISANCE CONT INUES 18
125		-	UNTIL THE PUBLIC INF RASTRUCTURE IS SUFFI CIENTLY REPAIRED FOR PUBLIC USE 19
126		-	OR IS REPLACED . 20
127		-
128		-	(D) THE STATE OR A LOCAL GOVE RNMENT MAY FILE AN A CTION AGAINST A 21
129		-	COMMON CARRIER UNDER THIS SECTION AT ANY TIME FOLLOWING THE VIOLATION 22
130		-	GIVING RISE TO THE C AUSE OF ACTION AND U NTIL THE PUBLIC INFR ASTRUCTURE 23
131		-	IS SUFFICIENTLY REPA IRED FOR PUBLIC USE OR IS REPLACED . 24
132		-
133		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
134		-	October 1, 2025. 26
	128	+	Approved:
	129	+	________________________________________________________________________________
	130	+	Governor.
	131	+	________________________________________________________________________________
	132	+	Speaker of the House of Delegates.
	133	+	________________________________________________________________________________
	134	+	President of the Senate.