Maryland Transit Administration Reform Act

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING 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.
*sb0947*

SENATE BILL 947
R2 CONSTITUTIONAL AMENDMENT (6lr2715)
ENROLLED BILL
— Finance and Budget and Taxation/Environment and Transportation —
Introduced by Senator McCray

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.

______________________________________________
President.

CHAPTER ______

AN ACT concerning 1

Maryland Transit Administration Reform Act 2

FOR the purpose of establishing the Board of Directors for Baltimore Core Transit Service 3
in the Maryland Transit Administration as a governing body with certain authority 4
over the provision of Baltimore Core Transit Service; establishing the Commuter 5
Services Advisory Board to provide certain oversight over and guidance for certain 6
Administration commuter rail and bus services in the State; requiring the Maryland 7
Transportation Commission to determine the qualifications, appointments, 8
compensation, and lea ve for certain management personnel positions in the 9
Administration; repealing the Baltimore Regional Transit Commission as an 10
advisory commission for transit in the Baltimore City region ; proposing an 11
amendment to the Maryland Constitution authorizing the General Assembly to 12
apply certain condemnation authority to the Administration; authorizing the 13
Administration to exercise certain quick take condemnation authority; exempting 14
certain Administration capital construction projects from certain provisions of the 15
2 SENATE BILL 947

State procurement law; limiting the liability of the Administration in a tort action to 1
a certain amount; requiring the Maryland Department of Transportation to contract 2
with the Baltimore Metropolitan Council to complete a technical study on the 3
creation of a rail authority in the State; and generally relating to reform of the 4
Maryland Transit Administration. 5

BY adding to 6
Article – State Finance and Procurement 7
Section 11–203(l) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10

BY adding to 11
Article – Transportation 12
Section 7–201.1, and 7–201.2, 7–401.1, and 7–401.2 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2025 Supplement) 15

BY repealing and reenacting, with amendments, 16
Article – Transportation 17
Section 7–206, 7–702, 8–327, and 8–328 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2025 Supplement) 20

BY repealing 21
Article – Transportation 22
Section 7–213 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2025 Supplement) 25

BY repealing and reenacting, without amendments, 26
Article – Transportation 27
Section 8–329 28
Annotated Code of Maryland 29
(2020 Replacement Volume and 2025 Supplement) 30

BY proposing an amendment to the Maryland Constitution 31
Article III – Legislative Department 32
Section 40B 33

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 34
That the Laws of Maryland read as follows: 35

Article – State Finance and Procurement 36

11–203. 37

SENATE BILL 947 3

(L) THIS DIVISION II DOES NOT APPLY TO MARYLAND TRANSIT 1
ADMINISTRATION CAPITAL CONSTRUCTION PROJECTS ON EXISTING AND DEFINED 2
FIXED GUIDEWAY SYSTEMS. 3

Article – Transportation 4

7–201.1. 5

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7

(2) “BALTIMORE CORE TRANSIT SERVICE” MEANS: 8

(I) THE ADMINISTRATION’S BALTIMORE–AREA LOCAL BUS; 9

(II) THE ADMINISTRATION’S BALTIMORE–AREA LIGHT RAIL; 10

(III) THE ADMINISTRATION’S BALTIMORE–AREA METRO 11
SUBWAY; AND 12

(IV) THE ADMINISTRATION’S BALTIMORE–AREA PARATRANSIT. 13

(3) “BOARD” MEANS THE BOARD OF DIRECTORS FOR BALTIMORE 14
CORE TRANSIT SERVICE. 15

(B) THERE IS A BOARD OF DIRECTORS FOR BALTIMORE CORE TRANSIT 16
SERVICE IN THE ADMINISTRATION. 17

(C) (1) THE BOARD CONSISTS OF THE FOLLOWING VOTING MEMBERS: 18

(I) FIVE MEMBERS WHO LIVE IN THE BALTIMORE CORE 19
TRANSIT SERVICE AREA, APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 20
CONSENT OF THE SENATE, INCLUDING: 21

1. AT LEAST ONE MEMBER W HO USES TRANSIT IN T HE 22
BALTIMORE CORE TRANSIT SERVICE AREA; 23

2. AT LEAST ONE MEMBER W HO REPRESENTS RIDERS 24
WITH ACCESSIBILITY CHALLENGES; 25

3. AT LEAST ONE MEMBER R EPRESENTING AN ANCHOR 26
INSTITUTION THAT ALS O PROVIDES TRANSPORT ATION SERVICES IN TH E 27
BALTIMORE CORE TRANSIT SERVICE AREA; AND 28
4 SENATE BILL 947

4. ONE MEMBER WHO IS AN EMPLOYEE OF THE 1
ADMINISTRATION AND IS A MEMBER OF A THE LABOR UNION REPRESENTING THE 2
PLURALITY OF FRONTLI NE WORKERS THAT HAS A COLLECTIV E BARGAINING 3
AGREEMENT WITH THE ADMINISTRATION; 4

(II) TWO MEMBERS APPOINTED BY THE MAYOR OF BALTIMORE 5
CITY; 6

(III) ONE MEMBER APPOINTED BY THE BALTIMORE COUNTY 7
EXECUTIVE; AND 8

(IV) ONE MEMBER APPOINTED BY THE ANNE ARUNDEL COUNTY 9
EXECUTIVE. 10

(2) (I) THE SECRETARY AND THE ADMINISTRATOR SHALL SERVE 11
AS NONVOTING EX OFFICIO BOARD MEMBERS. 12

(II) THE GOVERNOR SHALL APPOIN T A STUDENT WHO 13
REGULARLY USES ADMINISTRATION SERVICES TO COMMUTE TO AND FROM SCHOOL 14
AS A NONVOTING MEMBER. 15

(3) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE BOARD, 16
WHO SHALL SERVE AS CHAIR AT THE PLEASURE OF THE GOVERNOR. 17

(D) (1) THE TERM OF A BOARD MEMBER IS 3 YEARS. 18

(2) THE TERMS OF THE MEMBERS ARE STAGGERED AS REQUIRED BY 19
THE TERMS PROVIDED FOR MEMBERS OF THE BOARD ON JANUARY 1, 2027. 20

(3) AT THE END OF A TERM , A MEMBER CONTINUES TO SERVE UNTIL 21
A SUCCESSOR IS APPOINTED AND QUALIFIES. 22

(4) A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN SERVES 23
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED AND 24
QUALIFIES. 25

(E) (1) THE DEPARTMENT AND THE ADMINISTRATION SHALL PROVIDE 26
STAFF FOR THE BOARD, INCLUDING A DEPUTY ADMINISTRATOR WHO SHALL SERVE 27
AS THE EXECUTIVE DIRECTOR AND REPORT DIRECTLY TO THE ADMINISTRATOR. 28

(2) THE ADMINISTRATION SHALL PROVIDE OFFICE SPACE FOR THE 29
BOARD. 30
SENATE BILL 947 5

(F) A MEMBER OF THE BOARD: 1

(1) MAY NOT RECEIVE COMPENSATION AS A MEMBER OF THE BOARD; 2
BUT 3

(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 4
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET. 5

(G) THE BOARD SHALL: 6

(1) APPROVE MAJOR SERVICE PLANS, POLICIES, AND INITIATIVES 7
FOR BALTIMORE CORE TRANSIT SERVICE, AS DETERMINED BY THE BOARD AND 8
THE ADMINISTRATION ON A REASONABLE BASIS; 9

(2) PROVIDE A DVICE ON MAJOR PROJE CT INITIATIVES , AS 10
DETERMINED BY THE BOARD AND THE ADMINISTRATION ON A REASONABLE BASIS; 11

(3) WITH THE CONCURRENCE OF THE ADMINISTRATOR, APPOINT 12
THE DEPUTY ADMINISTRATOR AND CON SULT WITH THE ADMINISTRATOR ON ANY 13
REMOVAL OF THE DEPUTY ADMINISTRATOR BY THE ADMINISTRATOR; 14

(4) (I) REVIEW AND APPROVE TH E ADMINISTRATION’S 15
OPERATING AND CAPITA L BUDGET REQUESTS FO R BALTIMORE CORE TRANSIT 16
SERVICE; AND 17

(II) ESTABLISH, IN CONSULTATION WITH THE DEPARTMENT 18
AND THE ADMINISTRATION, A TIMELINE FOR REVIEW AND APPROVAL UNDER THIS 19
PARAGRAPH: 20

1. THAT IS CONSISTENT WI TH THE DEPARTMENT’S 21
BUDGET PROCESS; AND 22

2. UNDER WHICH THE OPERA TING AND CAPITAL 23
BUDGET REQUESTS SHAL L BE CONSIDERED APPR OVED BY OPERATION OF LAW IF 24
THE BOARD DOES NOT TAKE ACTION WITHIN THE TIMELINE; 25

(5) HAVE APPROVAL AUTHORI TY, SUPPORTED BY AT LEAS T 26
TWO–THIRDS OF THE MEMBER S OF THE BOARD, OVER ANY DECISION BY THE 27
DEPARTMENT OR THE ADMINISTRATION TO WIT HDRAW A NEW STARTS CAPITAL 28
INVESTMENT GRANT OR ANOTHER FEDE RAL GRANT UNDER A SUBSTANTIALL Y 29
SIMILAR PROGRAM FOR ANY BALTIMORE CORE TRANSIT SERVICE AREA PROJECT 30
6 SENATE BILL 947

ONCE THAT PROJECT HAS BEEN ACCEPTED INTO THE ENGINEERING PHASE BY THE 1
FEDERAL TRANSIT ADMINISTRATION; 2

(6) (I) MEET AT LEAST QUARTERLY; AND 3

(II) ACCEPT PUBLIC C OMMENTS DURING THE M EETINGS AND, 4
AT ALL TIMES, ELECTRONICALLY; 5

(7) INCLUDE IN THE QUARTERLY AGENDA EACH OF THE FOLLOWING 6
TOPICS AT LEAST ONCE EACH YEAR: 7

(I) THE CAPITAL NEEDS INVENTORY REPORT; 8

(II) THE CONSOLIDATED TRANSPORTATION PROGRAM 9
PRIORITIES AND INITIAL BUDG ET REQUESTS UNDER § 2–103.1 OF THIS ARTICLE ; 10
AND 11

(III) ANY UPDATE ON THE CENTRAL MARYLAND REGIONAL 12
TRANSIT PLAN UNDER § 7–301.1 OF THIS TITLE; 13

(8) PROVIDE INPUT AND ENG AGE IN ADVOCACY FOR BALTIMORE 14
CORE TRANSIT SERVICE; 15

(9) (I) REQUEST AND REVIEW IN FORMATION FROM THE ANNUAL 16
ATTAINMENT REPORT AND THE ADMINISTRATION CONCERNING THE ATTAINMENT 17
OF THE ADMINISTRATION’S GOALS , INCLUDING PERFORMANC E GOALS AND 18
METRICS; 19

(II) EVALUATE ANY OTHER ME ASURES OF THE PERFOR MANCE 20
OF BALTIMORE CORE TRANSIT SERVICE; AND 21

(III) ISSUE WRITTEN RECOMME NDATIONS CONCERNING HOW 22
THE RESULTS OF THE BOARD’S REVIEW AND EVALUATION SHOULD INFLUENCE THE 23
ADMINISTRATION’S PRIORITIES IN FUTURE YEARS; 24

(10) REVIEW SERVICE CHANGE REPORTS AND APPROVE MAJOR 25
SERVICE CHANGE PROPOSALS; 26

(11) REVIEW AND APPROVE AN Y UPDATE TO THE CENTRAL 27
MARYLAND REGIONAL TRANSIT PLAN; 28

(12) REVIEW AND APPROVE TH E CAPITAL NEEDS INVENTORY 29
REPORT; 30
SENATE BILL 947 7

(13) REVIEW LOCAL TRANSIT PLANS AND SERVICES I N THE 1
BALTIMORE REGION TO E NSURE COORDINATION BETWEEN THE LOCAL TRANSIT 2
SERVICES AND BALTIMORE CORE TRANSIT SERVICE; 3

(14) ORGANIZE AND ESTABLISH POLICIES AND PROCEDURES FOR THE 4
OPERATIONS OF THE BOARD, INCLUDING CONFLICT O F INTEREST STANDARDS , 5
CONSISTENT WITH TITLE 5 OF THE GENERAL PROVISIONS ARTICLE AND § 7–211 OF 6
THIS SUBTITLE , THAT PROHIBIT A BOARD MEMBER FROM HAV ING ANY 7
INAPPROPRIATE FINANCIAL PROFESSIONAL, FINANCIAL, OR NONFINANCIAL 8
INTEREST IN A MATTER OVER WHICH THE BOARD HAS JURISDICTION; 9

(15) NOT LATER THAN 6 MONTHS AFTER TH E BOARD FIRST MEETS , 10
ADOPT BYLAWS TO GOVERN THE OPERATIONS OF THE BOARD; 11

(16) (I) KEEP MINUTES OF BOARD MEETINGS AND MA INTAIN 12
PROPER RECORDS OF ALL BOARD ACTIVITY; AND 13

(II) POST ALL MINUTES , RECORDS, NOTICES, COMMENTS, OR 14
OTHER INFORMATION ISSUED BY THE BOARD OR RECEIVED FROM THE PUBLIC ON A 15
PUBLIC WEBSITE ESTABLISHED AND MAINTAINED BY THE BOARD; AND 16

(17) (I) SUBMIT AN ANNUAL REPORT TO THE SENATE BUDGET AND 17
TAXATION COMMITTEE, THE HOUSE APPROPRIATIONS COMMITTEE, AND THE 18
HOUSE WAYS AND MEANS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE 19
STATE GOVERNMENT ARTICLE, ON SYSTEM PERFORMANC E, TRENDS, MAJOR 20
PROJECTS, AND OTHER ACTIVITIES; AND 21

(II) MAKE THE REPORT AVAIL ABLE TO THE GENERAL PUBLIC 22
AND ENSURE THAT THE REPORT IS READILY AV AILABLE ON THE WEBSI TE OF THE 23
ADMINISTRATION. 24

(H) (1) THE BOARD SHALL MEET AT A TIME AND PLACE DESIGNATED BY 25
THE CHAIR. 26

(2) THE BOARD SHALL MEET AS OFTEN AS ITS DUTIES REQUIRE, BUT 27
NOT LESS THAN QUARTERLY. 28

7–201.2. 29

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 30
INDICATED. 31

8 SENATE BILL 947

(2) “BOARD” MEANS THE COMMUTER SERVICES ADVISORY BOARD. 1

(3) “COMMUTER SERVICE” MEANS THE ADMINISTRATION’S: 2

(I) MARC COMMUTER MARYLAND AREA REGIONAL 3
COMMUTER (MARC) TRAIN SERVICE; AND 4

(II) THE ADMINISTRATION’S COMMUTER COMMUTER BUS 5
SERVICE. 6

(B) THERE IS A COMMUTER SERVICES ADVISORY BOARD IN THE 7
ADMINISTRATION. 8

(C) (1) THE BOARD CONSISTS OF THE FOLLOWING VOTING MEM BERS, 9
APPOINTED BY THE GOVERNOR: 10

(I) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 11

(II) SIX MEMBERS WHO RESIDE IN AREAS SERVED BY MARC OR 12
ADMINISTRATION COMMUTER BUSES; 13

(III) ONE MEMBER WHO REPRES ENTS RIDERS WITH 14
ACCESSIBILITY CHALLENGES; AND 15

(IV) ONE MEMBER WHO IS AN EMPLOYEE OF AN 16
ADMINISTRATION COMMUTER SERVICE CONTRACTOR AND IS A MEMBER OF A LABOR 17
UNION THAT HAS A COL LECTIVE BARGAINING A GREEMENT WITH THE CO MMUTER 18
SERVICE CONTRACTOR. 19

(2) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE BOARD, 20
WHO SHALL SERVE AS CHAIR AT THE PLEASURE OF THE GOVERNOR. 21

(D) (1) THE TERM OF A BOARD MEMBER IS 3 YEARS. 22

(2) THE TERMS OF THE MEMBERS ARE STAGGERED AS REQUIRED BY 23
THE TERMS PROVIDED FOR MEMBERS OF THE BOARD ON JANUARY 1, 2027. 24

(3) AT THE END OF A TERM , A MEMBER CONTINUES TO SERVE UNTIL 25
A SUCCESSOR IS APPOINTED AND QUALIFIES. 26

(4) A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN SERVES 27
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 28
QUALIFIES. 29
SENATE BILL 947 9

(E) (1) THE DEPARTMENT AND THE ADMINISTRATION SHALL PROVIDE 1
STAFF FOR THE BOARD, INCLUDING A DEPUTY ADMINISTRATOR WHO SHALL SERVE 2
AS THE EXECUTIVE DIRECTOR AND REPORT DIRECTLY TO THE ADMINISTRATOR. 3

(2) THE ADMINISTRATION SHALL PROVIDE OFFICE SPACE FOR THE 4
BOARD. 5

(F) A MEMBER OF THE BOARD: 6

(1) MAY NOT RECEIVE COMPENSATION AS A MEMBER OF THE BOARD; 7
BUT 8

(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 9
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET. 10

(G) THE BOARD SHALL: 11

(1) PROVIDE ADVICE AND GUIDANCE ON MARC AND COMMUTER BUS 12
PLANS AND POLICIES; 13

(2) REVIEW AND COMMENT ON MAJOR MARC AND COMMUTER B US 14
SERVICE PLANS AND UPDATES; 15

(3) PROVIDE ADVICE AND GUIDANCE ON THE HIRING AND REMOVAL 16
OF THE DEPUTY ADMINISTRATOR; 17

(4) (I) REVIEW AND COMMENT ON THE ADMINISTRATION’S 18
OPERATING AND CAPITA L BUDGET REQUESTS FO R MARC AND COMMUTER BUS 19
SERVICE; AND 20

(II) ESTABLISH, IN CONSULTATION WITH THE DEPARTMENT 21
AND THE ADMINISTRATION, A TIMELINE FOR REVIE W AND COMMENT UNDER THIS 22
PARAGRAPH THAT IS CO NSISTENT WITH THE DEPARTMENT’S BUDGET PROCESS ; 23
AND 24

(5) (I) SUBMIT AN ANNUAL REPORT TO THE SENATE BUDGET AND 25
TAXATION COMMITTEE, THE HOUSE APPROPRIATIONS COMMITTEE, AND THE 26
HOUSE WAYS AND MEANS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE 27
STATE GOVERNMENT ARTICLE, ON SYSTEM PERFORMANC E, TRENDS, MAJOR 28
PROJECTS, AND OTHER ACTIVITIES; AND 29

10 SENATE BILL 947

(II) MAKE THE REPORT AVAIL ABLE TO THE GENERAL PUBLIC 1
AND ENSURE THAT THE REPORT IS READILY AV AILABLE ON THE WEBSI TE OF THE 2
ADMINISTRATION. 3

(H) (1) THE BOARD SHALL MEET AT A TIME AND PLACE DESIGNATED BY 4
THE CHAIR. 5

(2) THE BOARD SHALL MEET AS OFTEN AS THE DUTIES REQUIRE, BUT 6
NOT LESS THAN QUARTERLY. 7

7–206. 8

(a) (1) Without regard to the laws of this State relating to other State 9
employees, and subject to § 2–103.4 of this article, the Administration may: 10

(i) Create and abolish any position other than o ne specifically 11
provided for in this title; and 12

(ii) Determine the qualification, appointment, removal, term, and 13
tenure of its employees. 14

(2) The Administration may determine the compensation of: 15

(i) Employees if the compensation is determined pursuant to 16
Subtitle 6 of this title; 17

(ii) Executive management positions, as recommended by the 18
Secretary and approved by the Governor, subject to approval in the budget; and 19

(iii) Management positions, subject to approval by the Secretary and 20
the Governor and the availability of funds in the budget. 21

(b) (1) Subject to § 2–103.4 of this article, the Administration may establish a 22
personnel system based on merit and fitness. 23

(2) The Administration may: 24

(i) Subject to Division II of the Stat e Personnel and Pensions 25
Article, participate in the Employees’ Retirement System and the Employees’ Pension 26
System of the State of Maryland on terms and conditions mutually acceptable to the 27
Administration and the Board of Trustees for the State Retiremen t and Pension System; 28
and 29

(ii) Establish and maintain an independent system of pensions and 30
retirement benefits for its employees. 31

SENATE BILL 947 11

(c) The Administrator may appoint and remove all employees of the 1
Administration, subject to the rules of procedure and standards that the Secretary adopts. 2

(D) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE 3
MARYLAND TRANSPORTATION COMMISSION SHALL DETE RMINE THE 4
QUALIFICATIONS AND A PPOINTMENTS, AS WELL AS COMPENSAT ION AND LEAVE , 5
FOR UP TO 12 MANAGEMENT PERSONNEL POSITIONS REQUIRED BY T HE 6
ADMINISTRATION TO OPE RATE AND ADMINISTER ALL STATE–OWNED TRANSIT 7
FACILITIES. 8

(2) (I) IN MAKING DETERMINATIONS AND APPOINTMENTS UNDER 9
THIS SUBSECTION , THE MARYLAND TRANSPORTATION COMMISSION SHALL 10
CONSIDER THE COMPARA TIVE STATUS OF EMPLOYEES SERVING IN SIMILAR 11
POSITIONS AND DISCHA RGING SIMILAR DUTIES AT COMPARABLE TRANSI T 12
AGENCIES. 13

(II) IN SELECTING COMPARAB LE TRANSIT AGENCIES , THE 14
MARYLAND TRANSPORTATION COMMISSION SHALL CONSIDER OPERATIONAL AND 15
TRAFFIC DATA, MARKET AREA CHARACTERISTICS, AGENCY COMPETITIVENESS, AND 16
ANY OTHER FACTORS THE COMMISSION CONSIDERS APPROPRIATE. 17

(3) EXCEPT FOR GENERAL SA LARY INCREASES APPRO VED BY THE 18
GENERAL ASSEMBLY, THE MARYLAND TRANSPORTATION COMMISSION SHALL 19
SUBMIT TO THE SECRETARY OF BUDGET AND MANAGEMENT AT LEAST 10 DAYS 20
BEFORE THE EFFECTIVE DATE OF ANY MANAGEMENT PERSONNEL POSITION SALARY 21
INCREASE NOTICE OF THE PROPOSED ADJUSTMENT. 22

(4) THE SECRETARY OF BUDGET AND MANAGEMENT SHALL: 23

(I) REVIEW THE PROPOSED ADJUSTMENT; AND 24

(II) WITHIN 10 DAYS AFTER RECEIPT O F THE PROPOSED 25
ADJUSTMENT, ADVISE THE MARYLAND TRANSPORTATION COMMISSION WHETHER 26
THE ADJUSTMENT POSES AN ADVERSE IMPACT ON SPECIAL FUND EXPENDITURES. 27

(5) FAILURE OF THE SECRETARY OF BUDGET AND MANAGEMENT TO 28
ADVISE THE MARYLAND TRANSPORTATION COMMISSION IN A TIMEL Y MANNER 29
SHALL BE DEEMED A DE TERMINATION THAT THE PROPOSED ADJUSTMENT POSES 30
NO ADVERSE IMPACT. 31

(6) EMPLOYEES APPOINTED U NDER THIS SUBSECTION ARE STATE 32
EMPLOYEES AND SHALL BE ENTITLED TO PARTI CIPATE IN THE RETIRE MENT AND 33
12 SENATE BILL 947

PENSION SYSTEMS FOR EMP LOYEES OF THE STATE OF MARYLAND AUTHORIZED 1
UNDER DIVISION II OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 2

[7–213. 3

(a) There is a Baltimore Regional Transit Commission. 4

(b) The Commission consists of the following members: 5

(1) The following six members from Baltimore City, appointed as follows: 6

(i) Three members appointed by the Governor, including: 7

1. At least one member who uses transit in the Baltimore 8
region; and 9

2. At least one member from the business community; and 10

(ii) Three members appointed by the Mayor of Baltimore City; 11

(2) The following four members from Baltimore County, appointed as 12
follows: 13

(i) Two members appointed by the Governor, including: 14

1. At least one member who uses tr ansit in the Baltimore 15
region; and 16

2. At least one member from the business community; and 17

(ii) Two members appointed by the County Executive of Baltimore 18
County; 19

(3) The following two members from Anne Arundel County, appointed as 20
follows: 21

(i) One member appointed by the Governor; and 22

(ii) One member appointed by the County Executive of Anne 23
Arundel County; 24

(4) The following two members from Howard County, appointed as follows: 25

(i) One member appointed by the Governor; and 26

SENATE BILL 947 13

(ii) One member appointed by the County Executive of Howard 1
County; 2

(5) One nonvoting member who is an employee of the Administration and 3
is a member of the Amalgamated Transit Union local labor union, designated by the labor 4
union; and 5

(6) The Secretary or the Secretary’s designee, who shall vote only in the 6
case of a tie. 7

(c) (1) The Commission shall select a chair and a vice chair from among its 8
members. 9

(2) The chair and vice chair shall each serve a term of 2 years in those 10
capacities. 11

(d) (1) The term of a commissioner is 3 years. 12

(2) A commissioner may not serve more than two consecutive terms. 13

(3) The term of a commissioner begins January 1, 2024. 14

(4) The terms of the members are staggered as required by the terms 15
provided for members of the Commission on January 1, 2024. 16

(5) At the end of a term, a commissioner continues to serve until a successor 17
is appointed. 18

(e) (1) The Baltimore Metropolitan Council shall provide staff for the 19
Commission. 20

(2) The Administration shall allocate funds for operational expenses 21
incurred by the Commission, including funding for one senior planner and two junior 22
planner staffing positions. 23

(f) A member of the Commission: 24

(1) May not receive compensation as a member of the Commission; but 25

(2) Is entitled to reimbursement for expenses under the Standard State 26
Travel Regulations, as provided in the State budget. 27

(g) The Commission shall: 28

(1) Organize and establish policies and procedures for the operations of the 29
Commission, includi ng conflict of interest standards that prohibit a commissioner from 30
14 SENATE BILL 947

having any inappropriate financial or nonfinancial interest in a matter over which the 1
Commission has jurisdiction; 2

(2) Not later than 6 months after the Commission first meets, adopt bylaws 3
to govern the operations of the Commission; 4

(3) (i) Meet at least quarterly; and 5

(ii) Accept public comments during the meetings and, at all times, 6
electronically; 7

(4) Include in the quarterly agenda each of the following topics at least once 8
each year: 9

(i) The Capital Needs Inventory Report; 10

(ii) The Consolidated Transportation Program priorities and initial 11
budget requests under § 2–103.1 of this article; and 12

(iii) Any update on the Central Maryland Regional Transit Plan 13
under § 7–301.1 of this title; 14

(5) (i) Keep minutes of Commission meetings and maintain proper 15
records of all Commission activity; and 16

(ii) Post all minutes, records, notices, comments, or other 17
information issued by the Commission or received from the public on a public website 18
established and maintained by the Commission; 19

(6) Provide input and engage in advocacy for the Baltimore region public 20
transit systems maintained by the Administration; 21

(7) Request and review information from the Annual Att ainment Report 22
and the Administration concerning the attainment of the Administration’s goals, including 23
performance goals and metrics, evaluate any other measures of the performance of the 24
Baltimore region transit system, and issue written recommendations concerning how the 25
results of the Commission’s review and evaluation should influence the Administration’s 26
priorities in future years; 27

(8) Review and comment on service change reports and major service 28
change proposals on a quarterly basis; 29

(9) Review and comment on the Administration’s annual operating and 30
capital budget request for the Baltimore region, including bus, light rail, metro, commuter 31
bus, MARC service, and paratransit as part of the development of the draft and final 32
Consolidated Transportation Program; 33

SENATE BILL 947 15

(10) Review and approve any update to the Central Maryland Regional 1
Transit Plan; 2

(11) Review and comment on the Capital Needs Inventory Report; and 3

(12) Review local transit plans and services in the Baltimore region to 4
ensure coordination between the local transit services and the Administration. 5

(h) In carrying out its duties under subsection (g) of this section, the Commission 6
shall endeavor to ensure that the Administration’s plans, budgets, decisions, policies, goals, 7
priorities, operations, and services address the public transit needs of residents and 8
businesses in the Baltimore region. 9

(i) On or before December 1 each year, the Commission shall report its findings 10
and recommendations on the Baltimore region transit systems to the Administration, the 11
Governor, and, in accordance with § 2 –1257 of the State Government Article, the General 12
Assembly.] 13

7–702. 14

(a) Subject to the provisions of this section, the Administration is liable for its 15
contracts and torts and for the torts of its officers, agents, and employees in connection with 16
the performance of the duties and functions of the Administration under this title. 17

(b) (1) The exclusive remedy for a breach of contract or for a tort committed by 18
the Administration, its officers, agents, or employees is a suit against the Administration. 19

(2) No execution may be levied on any property of this State or of the 20
Administration. 21

(c) THE LIABILITY OF THE ADMINISTRATION AS TO A TORT ACTION MAY 22
NOT EXCEED $400,000 TO A SINGLE CLAIMANT FOR INJURIES ARISING FRO M A 23
SINGLE INCIDENT OR OCCURRENCE. 24

(D) Subsection [(d)] (E) of this section does not apply to a tort claim that is 25
asserted by cross–claim, counterclaim, or third–party claim. 26

[(d)] (E) A tort claimant may not institute an action under this section unless: 27

(1) The claimant submits a written notice of claim to the Administrator or 28
the Administrator’s designee within 1 year after the injury to person or property that is the 29
basis of the claim; 30

(2) The Admini strator or the Administrator’s designee denies the claim; 31
and 32

16 SENATE BILL 947

(3) The action is filed within 3 years after the cause of action arises. 1

[(e)] (F) A notice of claim under this section shall: 2

(1) Contain a concise statement of facts that sets forth th e nature of the 3
claim, including the date and place of the alleged tort; 4

(2) State the name and address of the claimant; 5

(3) State the name, address, and telephone number of counsel for the 6
claimant, if any; and 7

(4) Be signed by the claimant, or the legal representative or counsel for the 8
claimant. 9

[(f)] (G) A claim under this section is denied: 10

(1) If the Administrator or the Administrator’s designee sends the 11
claimant, or the legal representative or counsel for the claimant, written notice of denial; 12
or 13

(2) If the Administrator or the Administrator’s designee fails to give notice 14
of a denial within 6 months after the sending of the notice of claim. 15

[(g)] (H) Notwithstanding any other provision of this section, unless the 16
Administration affirmatively shows that its defense has been prejudiced by the lack of the 17
required notice, a court may allow the action to proceed even if the written notice of claim 18
was not submitted. 19

SECTION 2. AND BE IT FURTHER ENACTED, (Three –fifths of all the mem bers 20
elected to each of the two Houses concurring), That it be proposed that the Maryland 21
Constitution read as follows: 22

Article III – Legislative Department 23

40B. 24

The General Assembly shall enact no law authorizing private property to be taken 25
for public use without just compensation, to be agreed upon between the parties or awarded 26
by a jury, being first paid or tendered to the party entitled to such compensation, except 27
that where such property in the judgment of the State [Roads Commission ] HIGHWAY 28
ADMINISTRATION, OR A SUCCESSOR STATE AGENCY , is needed by the State for 29
highway purposes OR OF THE MARYLAND TRANSIT ADMINISTRATION, OR A 30
SUCCESSOR STATE AGENCY, IS NEEDED BY THE STATE FOR TRANSIT PURPOSES, the 31
General Assembly may provide that suc h property may be taken immediately upon 32
payment therefor to the owner or owners thereof by said State [Roads Commission ] 33
SENATE BILL 947 17

HIGHWAY ADMINISTRATION OR MARYLAND TRANSIT ADMINISTRATION, OR ANY 1
RESPECTIVE SUCCESSOR STATE AGENCIES, or into Court, such amount as s aid State 2
[Roads Commission ] HIGHWAY ADMINISTRATION OR MARYLAND TRANSIT 3
ADMINISTRATION, OR ANY RESPECTIVE STATE AGENCIES, shall estimate to be of the 4
fair value of said property, provided such legislation also requires the payment of any 5
further sum that may subsequently be awarded by a jury. 6

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
as follows: 8

Article – Transportation 9

7–401.1. 10

(A) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , IF 11
PROPERTY IS TO BE CONDEMNED FOR A TRANSIT PURPOSE, THE ADMINISTRATION 12
SHALL CONDEMN THE NECESSARY PROPERTY UNDER THIS SECTION. 13

(2) IF THE ADMINISTRATION CONSIDERS THE PROCEDURES U NDER 14
THIS SECTION INAPPRO PRIATE, THE PROPERTY MAY BE CONDEMNED BY THE 15
ADMINISTRATION UNDER § 7–401.2 OF THIS SUBTITLE OR TITLE 12 OF THE REAL 16
PROPERTY ARTICLE. 17

(3) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, 18
CONDEMNATION PROCEED INGS UNDER THIS SECT ION SHALL FOLLOW THE 19
PROCEDURES SET FORTH IN TITLE 12 OF THE REAL PROPERTY ARTICLE AND THE 20
MARYLAND RULES. 21

(B) (1) BEFORE ANY PROPERTY I S CONDEMNED UNDER TH IS SECTION 22
THE ADMINISTRATION SHALL: 23

(I) COMPLETE APPROPRIATE ENGINEERING AND OTHE R 24
STUDIES; AND 25

(II) PREPARE A CONSTRUCTIO N PLAN THAT SHOWS TH E 26
LOCATION OF THE TRAN SIT FACILITY TO BE C ONSTRUCTED, IMPROVED, OR 27
RECONSTRUCTED. 28

(2) AFTER PREPARING THE C ONSTRUCTION PLAN , THE 29
ADMINISTRATION SHALL PREPARE PLATS THAT INCLUDE: 30

(I) THE CONSTRUCTION PLAN; 31

18 SENATE BILL 947

(II) THE FEE SIMPLE AND EA SEMENT AREA TO BE AC QUIRED; 1
AND 2

(III) THE PROPERTY LINES OF THE PROPERTY OWNERS WHOSE 3
PROPERTY WILL BE AFFECTED BY THE ACQUISITION. 4

(3) AFTER THE PLATS ARE PREPARED, THE ADMINISTRATION SHALL: 5

(I) MAKE THE ENGINEERING AND REAL ESTATE STUD IES, 6
EVALUATIONS, AND INVESTIGATIONS NECESSARY TO DETERMINE, IN ITS OPINION: 7

1. THE FAIR VALUE OF THE PROPERTY TO BE ACQUIRED; 8
AND 9

2. THE FAIR COMPENSATION FOR ANY RESULTING 10
DAMAGES TO THE REMAINING PROPERTY OF THE OWNER; 11

(II) PREPARE AN ESTIMATE O F THIS FAIR VALUE AN D FAIR 12
COMPENSATION; AND 13

(III) PROVIDE FOR PAYMENT OF THESE ESTIMATED AMOUNTS AS 14
REQUIRED BY SUBSECTION (E) OF THIS SECTION. 15

(C) (1) THE PLATS PREPARED BY THE ADMINISTRATION SHALL BE FILED 16
FOR RECORD WITH THE STATE ARCHIVES. 17

(2) PLATS FILED WITH THE STATE ARCHIVES SHALL BE 18
ELECTRONICALLY RECORDED AS PROVIDED IN § 9–1011 OF THE STATE 19
GOVERNMENT ARTICLE. 20

(D) (1) THE PLATS AND ESTIMATES APPROVED BY THE ADMINISTRATION 21
SHALL BE KEPT AS PART OF THE PERMANENT RECORDS OF THE ADMINISTRATION. 22

(2) NOTWITHSTANDING ANY OTHER STATUTE TO THE CONTRARY: 23

(I) EXCEPT AS ALLOWED BY THE ADMINISTRATION, THE PLATS 24
PREPARED BY THE ADMINISTRATION ARE NOT PUBLIC INFORMATION OR OPEN TO 25
PUBLIC INSPECTION UNTIL THEY HAVE BEEN RECORDED; AND 26

(II) EXCEPT WHEN FILED WITH A BOARD OF PROPERTY REVIEW 27
ESTABLISHED U NDER § 8–327 OF THIS ARTICLE OR A COURT, THE ESTIMATES 28
PREPARED BY THE ADMINISTRATION ARE NOT PUBLIC INFORMATION OR OPEN TO 29
SENATE BILL 947 19

PUBLIC INSPECTION UN TIL ALL THE PROPERTY SHOWN ON THE PLATS H AS BEEN 1
ACQUIRED OR ITS PRICE DETERMINED. 2

(E) (1) AFTER THE PLATS ARE FILED FOR RECORD , THE 3
ADMINISTRATION IMMEDIATELY SHALL: 4

(I) FILE, IN THE COURT FOR THE COUNTY IN WHICH THE 5
PROPERTY TO BE ACQUI RED IS LOCATED , A PETITION FOR CONDE MNATION THAT 6
INCLUDES: 7

1. THE NAME AND ADDRESS OF THE PROPERTY OWNER; 8

2. THE LOCATION OF THE PROPERTY TO BE ACQUIRED; 9
AND 10

3. THE ESTIMATED FAIR VA LUE OF THE PROPERTY TO 11
BE ACQUIRED AND ESTIMATED FAIR COMPENSATION FOR ANY DAMAGE RESULTING 12
TO THE REMAINING PROPERTY OF THE OWNER; AND 13

(II) PAY TO THE OWNER OF THE PROPERTY OR INTO THE COURT 14
FOR THE OWNER’S BENEFIT, THE ESTIMATED FAIR VALUE AND FAIR COMPENSATION 15
SPECIFIED IN THE PETITION. 16

(2) ON WRITTEN REQUEST TO THE CLERK OF THE COU RT, THE 17
PROPERTY OWNER IS EN TITLED TO RECEIVE AN Y AMOUNT PAID INTO T HE COURT 18
FOR THE PROPERTY O WNER’S BENEFIT , WITHIN 10 BUSINESS DAYS OF THE 19
REQUEST, WITHOUT PREJUDICE TO ANY OF THE PROPERTY OWNER’S RIGHTS, IF THE 20
PROPERTY OWNER AGREE S TO REPAY TO THE ADMINISTRATION ANY EX CESS OF 21
THAT AMOUNT OVER THE FINAL AWARD THAT IS ALLOWED IN THE SUBSE QUENT 22
CONDEMNATION PROCEEDINGS. 23

(3) A PAYMENT MADE UNDER THIS SECTION DOES NOT LIMIT IN ANY 24
WAY THE AMOUNT OF TH E FINAL AWARD THAT M AY BE ALLOWED IN THE 25
SUBSEQUENT CONDEMNATION PROCEEDINGS. 26

(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 27
AFTER THE PETITION IS FILE D AND PAYMENT IS MAD E UNDER SUBSECTION (E) OF 28
THIS SECTION: 29

(I) THE ADMINISTRATION MAY TA KE POSSESSION OF THE 30
PROPERTY TO BE ACQUIRED, AS SHOWN ON THE RECORDED PLATS; 31

20 SENATE BILL 947

(II) THE ADMINISTRATION MAY PR OCEED WITH 1
CONSTRUCTION WITHOUT INTERFERENCE BY THE OWNER; AND 2

(III) WITH THE PERMISSION O F THE ADMINISTRATION AND 3
UNDER ITS SUPERVISIO N, ANY PUBLIC OR PRIVAT E UTILITY MAY INSTAL L ITS 4
FACILITIES ON ANY LA ND BEING ACQUIRED BY THE ADMINISTRATION IN FEE 5
SIMPLE. 6

(2) UNLESS THE OWNER AGREES OTHERWI SE, IF A DWELLING OR 7
PLACE OF BUSINESS IS TAKEN, THE RESIDENT OR OCCUPANT NEED NOT VACATE THE 8
DWELLING OR PLACE OF BUSINESS UNTIL THE TITLE TO THE PROPERTY HAS BEEN 9
ACQUIRED BY DEED OR CONDEMNATION. 10

(G) (1) AFTER THE PETITION IS FILED AND PAYMENT IS MAD E UNDER 11
SUBSECTION (E) OF THIS SECTION, THE ADMINISTRATION SHALL SEEK TO ACQUIRE 12
THE PROPERTY BY AMICABLE NEGOTIATION. 13

(2) FOR PURPOSES OF THESE NEGOTIATIONS, THE ADMINISTRATION 14
SHALL DETERMINE THE VALUE OF THE PROPERTY TO BE ACQUIRED AS OF THE DATE 15
THE PAYMENT IS MADE TO THE PROPERTY OWNE R OR INTO COURT UNDE R 16
SUBSECTION (E) OF THIS SECTION. 17

(H) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF 18
THE ADMINISTRATION IS UNABLE TO ACQUIRE THE PROPERTY BY NEGOTIATION, IT 19
SHALL CERTIFY THE CASE TO THE BOARD OF PROPERTY REVIEW FOR THE COUNTY 20
IN WHICH THE PROPERTY IS LOCATED, AS PROVIDED IN THE MARYLAND RULES. 21

(2) A CASE SHALL BE FILED AS A CONDEMNATION CASE IN THE COURT 22
FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED AND MAY NOT BE HEARD BY 23
A BOARD OF PROPERTY REVIEW IF: 24

(I) THE ADMINISTRATION DETERM INES THAT VALID , 25
MARKETABLE TITLE IS UNOBTAINABLE WITHOUT A COURT PROCEEDING; OR 26

(II) A NONRESIDENT HAS AN INTEREST IN THE PROPERTY AND 27
WILL NOT ACCEPT SERV ICE OF PROCESS A ND AGREE TO THE BOAR D’S 28
JURISDICTION. 29

(I) IF, WITHIN 1 YEAR AFTER PAYMENT IS MADE UNDER SUBSECTION (E) OF 30
THIS SECTION, THE ADMINISTRATION FAILS TO ASCERTAIN THE ENTIRE AMOUNT TO 31
BE PAID FOR THE PROPERTY AND ACQUIRE TITLE TO IT BY DEED OR CONDEMNATION 32
OR, WITHIN THAT SAME 1–YEAR PERIOD, FAILS TO FILE TIMELY A PETITION FOR 33
SENATE BILL 947 21

CONDEMNATION AS REQUIRED BY THE MARYLAND RULES, THEN THE FAIR VALUE 1
OF THE PROPERTY SHALL BE THE GREATER OF THE VALUES DETERMINED AS OF: 2

(1) THE DATE THE TITLE TO THE PROPERTY IS ACQUIRED; AND 3

(2) THE DATE THE PAYMENT WAS MADE UNDER SUBSE CTION (E) OF 4
THIS SECTION. 5

(J) AT THE CONCLUSION OF ALL PROCEEDINGS , THE ADMINISTRATION 6
SHALL PAY TO THE PROPERTY OWNER: 7

(1) ANY EXCESS OF THE FIN AL AWARD OVER THE AM OUNT PAID 8
UNDER SUBSECTION (E) OF THIS SECTION; AND 9

(2) INTEREST ON THE EXCESS FROM THE DATE OF P AYMENT UNDER 10
SUBSECTION (E) OF THIS SECTION AT THE RATE OF 6% A YEAR. 11

7–401.2. 12

(A) (1) IF THE ADMINISTRATION DETERM INES THAT CONDEMNATI ON 13
UNDER § 7–401.1 OF THIS SUBTITLE IS INAPPROPRIATE, THE ADMINISTRATION MAY 14
ACQUIRE PROPERTY BY CONDEMNATION UNDER T HIS SECTION , AFTER MAKING 15
EVERY REASONABLE AND GOOD FAITH EFFORT TO NEGOTIATE. 16

(2) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, 17
CONDEMNATION PROCEED INGS UNDER THIS SECT ION SHALL FO LLOW THE 18
PROCEDURES SET FORTH IN TITLE 12 OF THE REAL PROPERTY ARTICLE AND THE 19
MARYLAND RULES. 20

(B) TO CONDEMN PROPERTY UNDER THIS SECTION, THE ADMINISTRATION 21
SHALL: 22

(1) FILE A PETITION FOR C ONDEMNATION IN THE C OURT FOR THE 23
COUNTY IN WHICH THE PROPERTY TO BE ACQUIRED IS LOCATED; AND 24

(2) PAY TO THE OWNER OF THE PROPERTY OR INTO THE COURT FOR 25
THE OWNER’S BENEFIT, THE AMOUNT THAT THE ADMINISTRATION ESTIMATES TO 26
BE THE FAIR VALUE OF THE PROPERTY TO BE ACQUIRED AND FAIR COMPENSATION 27
FOR ANY DAMAGE RESULTING TO THE REMAINING PROPERTY OF THE OWNER. 28

(C) AFTER THE PETITION IS FILED AND PAYMENT IS MADE UNDER 29
SUBSECTION (B) OF THIS SECTION, THE ADMINISTRATION MAY: 30

22 SENATE BILL 947

(1) TAKE POSSESSION OF THE PROPERTY TO BE ACQUIRED; AND 1

(2) PROCEED WITH CONSTRUCTION WITHOUT INTERFERENCE BY THE 2
OWNER. 3

(D) ON WRITTEN REQUEST TO THE CLERK OF THE COU RT, THE PROPERTY 4
OWNER IS ENTITLED TO RECEIVE ANY AMOUNT P AID INTO THE COURT F OR THE 5
PROPERTY OWNER ’S BENEFIT WITHIN 10 BUSINESS DAYS OF THE REQUEST, 6
WITHOUT PREJUDICE TO ANY OF THE PROPERTY OWNER ’S RIGHTS , IF THE 7
PROPERTY OWNER AGREE S TO REPAY TO THE ADMINISTRATION ANY EX CESS OF 8
THAT AMOUNT OVER THE FINAL AWARD THAT IS ALLOWED IN THE SUBSE QUENT 9
CONDEMNATION PROCEEDINGS. 10

(E) A PAYMENT MADE UNDER SUBSECTION (B) OF THIS SECTION DOES NOT 11
LIMIT IN ANY WAY THE AMOUNT OF THE FINAL AWARD THAT MAY BE AL LOWED IN 12
THE SUBSEQUENT CONDEMNATION PROCEEDINGS. 13

(F) AT THE CONCLUSION OF ALL PROCEEDINGS , THE ADMINISTRATION 14
SHALL PAY TO THE PROPERTY OWNER ANY EXCESS OF THE FINAL AWARD OVER THE 15
AMOUNT PAID UNDER SUBSECTION (B) OF THIS SECTION. 16

8–327. 17

(a) (1) There is a board of property review in each county. 18

(2) If necessary, additional boards may be appointed in any county. 19

(b) (1) Each board of property review of a county has three mem bers who are 20
appointed by the judges of the circuit court for the county. 21

(2) Of the members of each board: 22

(i) One shall be a lawyer; 23

(ii) One shall be a farmer engaged in some agricultural pursuit; and 24

(iii) One shall be an engineer or a p erson with an engineering 25
background and knowledge. 26

(3) A member of the General Assembly may not be a member of a board 27
during his term of office. 28

(c) (1) Each board member serves for a term of 2 years and until his successor 29
is appointed and qualifies. 30

SENATE BILL 947 23

(2) A member appointed to fill a vacancy in an unexpired term serves only 1
for the remainder of that term. 2

(d) A board member is entitled to the per diem compensation set by the Supreme 3
Court of Maryland. The compensation shall be uniform statewide and shall be paid monthly 4
by the Commission, on vouchers approved by the clerk of the court. 5

(e) Each board shall appoint its chairman and may adopt rules not inconsistent 6
with this title or the Maryland Rules. 7

(f) Each county shall provide a suitable place for its board to meet and, whenever 8
possible, the clerk of the court shall provide suitable clerical assistance. If the clerk fails to 9
provide clerical assistance, the Administration OR THE MARYLAND TRANSIT 10
ADMINISTRATION, AS APPROPRIATE, shall provide it on request of the board. 11

(g) Each board is under the jurisdiction of the court and each member of the board 12
is an officer of the court. 13

8–328. 14

(a) Each board of property review: 15

(1) Shall hear promptly all cases certified to it by the Commission OR THE 16
MARYLAND TRANSIT ADMINISTRATION; 17

(2) Shall determine the total amount of the award to be paid by the 18
Commission OR THE MARYLAND TRANSIT ADMINISTRATION; and 19

(3) May determine the portion of an award to be paid to persons, other than 20
the fee owner, who have an interest in the property. 21

(b) Unless all parties in a case certified to a board agree otherwise, the full board 22
shall hear and decide the case. If a member of the board is absent or disqualified fr om 23
hearing or deciding any case, the judges of the court that appointed the board shall 24
designate another individual with qualifications similar to those of the absent or 25
disqualified member to serve instead. 26

(c) The board shall determine the fair value of the property to be acquired as of 27
the date payment is made under § 7–401.1 OR § 7–401.2 OF THIS ARTICLE OR § 8–323 28
of this subtitle. 29

8–329. 30

If any party is dissatisfied with the findings or award of a board of property review, 31
the case may be appeale d to the court. On appeal, the court shall hear and determine the 32
case de novo, as provided by law and the Maryland Rules. 33
24 SENATE BILL 947

SECTION 4. 2. AND BE IT FURTHER ENACTED, That, notwithstanding § 7–201.1 1
of the Transportation Article, as enacted by Section 1 of this Act, the initial terms of the 2
Board of Directors for Baltimore Core Transit Service established under this Act shall be 3
staggered as follows: 4

(1) the five members appointed by the Governor shall serve an initial term 5
of 4 years; and 6

(2) the members appointed by the Mayor of Baltimore City, the Baltimore 7
County Executive, and the Anne Arundel County Executive shall serve an initial term of 3 8
years. 9

SECTION 5. 3. AND BE IT FURTHER ENACTED, That, notwithstanding § 7–201.2 10
of the Transportation Article, as enacted by Section 1 of this Act, the initial terms of the 11
Commuter Services Advisory Board established under this Act shall be s taggered as 12
follows: 13

(1) of the six members who reside in areas served by MARC or Maryland 14
Transit Administration commuter buses, three members shall serve an initial term of 4 15
years and three members shall serve an initial term of 3 years; 16

(2) the member who represents riders with accessibility challenges shall 17
serve an initial term of 4 years; and 18

(3) the member who is an employee of a Maryland Transit Administration 19
commuter service contractor and is a member of a labor union that has a collecti ve 20
bargaining agreement with the commuter service contractor shall serve an initial term of 21
3 years. 22

SECTION 6. 4. AND BE IT FURTHER ENACTED, That: 23

(a) The Department of Transportation shall contract with the Baltimore 24
Metropolitan Council to complete a technical study on or before December 1, 2026, that: 25

(1) provides findings and considerations on the creation of a rail authority 26
in Maryland, with the intent that this rail authority would be focused on financing for rail 27
services; 28

(2) examines pe er models that may provide insight for the findings and 29
considerations, including models in the Commonwealth of Virginia and Austin, Texas; 30

(3) provides potential next steps to consider in the creation of a rail 31
authority in Maryland; and 32

SENATE BILL 947 25

(4) ensures that current rail transit services remain under the Maryland 1
Transit Administration and that funding options for a statewide rail authority do not 2
undermine future financial support for Baltimore Core Transit Services. 3

(b) The Baltimore Metropolitan Cou ncil may consult with the Metropolitan 4
Washington Council of Governments in completing the technical study. 5

SECTION 7. 5. AND BE IT FURTHER ENACTED, That the Maryland Transit 6
Administration shall: 7

(1) reallocate its staff to ensure sufficient support for the Board of Directors 8
for Baltimore Core Transit Service and the Commuter Services Advisory Board; and 9

(2) at a minimum establish the following staff positions: 10

(i) a Deputy Administrator and an analyst for the Board of Directors 11
for Baltimore Core Transit Service; 12

(ii) a Deputy Administrator and an analyst for the Commuter 13
Services Advisory Board; and 14

(iii) a support officer to be shared between the Board of Directors for 15
Baltimore Core Transit Service and the Commuter Services Advisory Board. 16

SECTION 8. AND BE IT FURTHER ENACTED, That the General Assembly 17
determines that the amendment to the Maryland Constitution proposed by Section 2 of this 18
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 19
Constitution concerning local approval of constitutional amendments do not apply. 20

SECTION 9. AND BE IT FURTHER ENACTED, That the amendment to the 21
Maryland Constitution proposed by Section 2 of this Act shall be submitted to the qualified 22
voters of the State at the next general election to be held in November 2026 for adoption or 23
rejection in accordance with Article XIV of the Maryland Constitution. At that general 24
election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 25
each ballot there shall be printed the words “For the Constitutional Amendment” and 26
“Against the Constitutional Amendment”, as now provided by law. Immediately after the 27
election, all returns shall be made to the Governor of the vote for and against the proposed 28
amendment, as directed by Article XIV of the Maryland Constitution, and further 29
proceedings held in accordance with Article XIV. 30

SECTION 10. AND BE IT FURTHER ENACTED, That Section 3 of this Act is 31
contingent on the passage of Section 2 of this Act, a constitutional amendment, and its 32
ratification by the voters of the State. 33

SECTION 11. AND BE IT FURTHER ENACTED, That, subject to Section 10 of this 34
Act, Section 3 of this Act shall take effect on the proclamation of the Governor that the 35
26 SENATE BILL 947

constitutional amendment, having received a majority of the votes cast at the general 1
election, has been adopted by the people of Maryland. 2

SECTION 12. 6. AND BE IT FURTHER ENACTED, That , except as provided in 3
Sections 9 and 11 of this Act, this Act shall take effect October 1, 2026. 4

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.