EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0860*
HOUSE BILL 860
D3 (5lr2481)
ENROLLED BILL
— Judiciary and Economic Matters/Judicial Proceedings —
Introduced by Delegate Buckel Delegates Buckel, Cardin, Conaway, Kaufman,
Phillips, Schmidt, Simmons, and Stinnett
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
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 2 HOUSE BILL 860
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
SUBTITLE 26. PUBLIC NUISANCE CAUSED BY COMMON CARRIERS. 4
3–2601. 5
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(B) (1) “COMMON CARRIER ” MEANS A PERSON THAT IS ENGAGED IN T HE 8
PUBLIC TRANSPORTATIO N OF PERSONS FOR HIR E BY LAND. 9
(2) “COMMON CARRIER ” INCLUDES: 10
(I) A CAR COMPANY , A MOTOR VEHICLE COMP ANY, AN 11
AUTOMOBILE COMPANY , OR A MOTOR BUS COMPA NY; 12
(II) A RAILROAD COMPANY , STREET RAILROAD COMP ANY, OR 13
SLEEPING CAR COMPANY ; AND 14
(III) A TAXICAB COMPANY ; 15
(IV) A TRANSIT COMPANY ; AND 16
(V) A TRANSPORTATION NETWO RK COMPANY . 17
(3) “COMMON CARRIER ” DOES NOT INCLUDE ANY ENTITY OWNED BY 18
THE STATE OR A LOCAL GOVE RNMENT. 19
(C) “PUBLIC INFRASTRUCTURE ” MEANS A BRIDGE OR HI GHWAY OWNED , 20
CONTROLLED , OR MAINTAINED BY THE STATE OR A COUNTY OR MUNICIPAL 21
GOVERNMENT . 22
3–2602. 23
(A) (1) A COMMON CARRIER OR AN EMPLOYEE OF THE COMM ON CARRIER 24
MAY NOT CAUSE DAMAGE TO PUBLIC INFRASTRUC TURE THAT NECESSITAT ES THE 25
CLOSURE OF THE PUBLIC INF RASTRUCTURE . 26
(2) A VIOLATION OF PARAGRA PH (1) OF THIS SUBSECTION I S A 27
PUBLIC NUISANCE . 28 HOUSE BILL 860 3
(B) AN ACTION AGAINST A C OMMON CARRIER FOR A PUBLIC NUISANCE 1
CAUSED BY A VIOLATIO N OF THIS SECTION MA Y BE BROUGHT BY THE FOLLOWING: 2
(1) FOR PUBLIC INFRASTRUCTUR E OWNED , CONTROLLED , OR 3
MAINTAINED BY THE STATE, THE STATE; OR 4
(2) FOR PUBLIC INFRASTRUC TURE OWNED , CONTROLLED , OR 5
MAINTAINED BY A LOCA L GOVERNMENT , COUNSEL DESIGNATED O R RETAINED BY A 6
LOCAL GOVERNMENT OF THE JURISDICTION WHE RE THE INFRASTRUCTURE IS 7
LOCATED. 8
(C) (1) IN AN ACTION BROUGHT UNDER THIS SECTION , THE STATE OR A 9
LOCAL GOVERNMENT MAY SEEK: 10
(I) INJUNCTIVE RELIEF ; 11
(II) DECLARATORY RELIEF ; AND 12
(III) COMPENSATORY DAMAGES FOR THE COST OF THE REPAIR 13
OR REPLACEMENT OF T HE AFFECTED INFRASTR UCTURE. 14
(2) IN ADDITION TO ANY RE LIEF GRANTED UNDER P ARAGRAPH (1) OF 15
THIS SUBSECTION , A COMMON CARRIER THA T VIOLATES SUBSECTIO N (A) OF THIS 16
SECTION IS MAY BE LIABLE TO THE STATE OR LOCAL GOVERN MENT FOR CIVIL 17
PENALTIES OF $1,000 PER DAY FOR EACH DAY THE PUBLIC NUISANCE CONT INUES 18
UNTIL THE PUBLIC INF RASTRUCTURE IS SUFFI CIENTLY REPAIRED FOR PUBLIC USE 19
OR IS REPLACED . 20
(D) THE STATE OR A LOCAL GOVE RNMENT MAY FILE AN A CTION AGAINST A 21
COMMON CARRIER UNDER THIS SECTION AT ANY TIME FOLLOWING THE VIOLATION 22
GIVING RISE TO THE C AUSE OF ACTION AND U NTIL THE PUBLIC INFR ASTRUCTURE 23
IS SUFFICIENTLY REPA IRED FOR PUBLIC USE OR IS REPLACED . 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2025. 26