2013 Maryland Code
TRANSPORTATION
§ 7-102 - Legislative policy -- In general

§7-102.

(a) (1) The development of improved and expanded railroad facilities, railroad services, transit facilities, and transit services operating as a unified and coordinated regional transportation system, and the realization of transit-oriented development throughout the State, represent transportation purposes that are essential for the satisfactory movement of people and goods, the alleviation of present and future traffic congestion, the economic welfare and vitality, and the development of the metropolitan area of Baltimore and other political subdivisions of the State.

(2) The establishment of the realization of transit-oriented development as a transportation purpose under paragraph (1) of this subsection may not be construed to:

(i) Limit the authority of local governments to govern land use as established under any other law; or

(ii) Grant the State or a department of the State additional authority to supersede local land use and planning authority.

(b) It is the policy of this title to create a regional transportation system in the District that will provide compatibility with other contiguous or neighboring systems.

(c) The desired regional transportation system cannot be achieved by the unilateral action of any one political subdivision, but requires action by this State through a State agency that is politically responsive to local needs and will assure that the development of the regional transportation system fosters general development plans for this State, the region, and the local development plans of the participating political subdivisions.

§ 7-102 - 1. Legislative policy -- Costs; provision of services; protection of labor; needs of the elderly and handicapped

(a) Costs to be covered by fares and federal grants. --

(1) In this subsection, "net project costs" means that part of the capital costs that is incurred in constructing and acquiring transit facilities eligible for assistance under the federal Urban Mass Transportation Act of 1964 and that cannot be reasonably financed from revenues.

(2) It is the policy of this title that:

(i) Consistent with the alleviation of traffic congestion in the District and the attainment of a balanced transportation system using each mode of transportation to its best advantage, all costs incurred to construct, acquire, operate, and maintain transit facilities for the regional transit system shall be covered, as far as practicable, by fares charged for the services performed by the transit facilities owned or controlled by the Administration;

(ii) For light rail projects, at least 10 percent of the net project costs shall be paid by grants contributed by the federal government; and

(iii) At least two-thirds of the net project costs for all other transit facilities shall be paid by grants contributed by the federal government.

(b) Unified and coordinated system; utilization of private carriers. --

(1) The public interest in efficient and economical transit service requires that the transit facilities operated by private carriers be operated to provide, with the transit facilities owned or controlled by the Administration, a unified and coordinated regional transit system without unnecessary duplicating or competing service.

(2) Subject to this standard, it is the policy of this title to utilize private carriers to the fullest extent practicable in providing transit service.

(c) Parity with Washington Suburban Transit District. -- Adequate provisions should be made for assuring that, if allocation of State financial resources for the benefit of this regional system is made, it will be accompanied by a parity allocation for the benefit of taxpayers supporting transit facilities in the political subdivisions of the Washington Suburban Transit District.

(d) Protection of transit labor. -- Adequate provisions should be made for the protection of transit labor in the development and operation of transit services.

(e) Needs of elderly and handicapped persons. --

(1) The public interest requires the development of an effective and efficient transit service to meet the special needs of elderly and handicapped persons.

(2) When providing transit service to meet the special needs of disabled persons, the Administration shall:

(i) Apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services, in accordance with paragraph (3) of this subsection, for State and national criminal history records checks of the Administration's employees who are or will be employed to provide transit service to disabled persons;

(ii) Ensure that any entity that contracts with the Administration to provide transit service to disabled persons applies to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services, in accordance with paragraph (3) of this subsection, for State and national criminal history records checks of the contractor's employees who provide transit service to disabled persons; and

(iii) Ensure that all employees of the Administration or a contractor of the Administration who are or will be employed to provide transit service to disabled persons successfully complete a course, jointly developed by the State Department of Education and the Department of Disabilities and approved by the Administration, on matters relating to appropriate accommodation, including customer service, sensitivity, and respectful and courteous treatment of all passengers, including disabled persons.

(3) (i) In this paragraph, "Central Repository" has the meaning stated in § 10-201 of the Criminal Procedure Article.

(ii) The Administration or contractor shall apply to the Central Repository for a State and national criminal history records check for each employee subject to this subsection.

(iii) As part of the application for a criminal history records check, the Administration or contractor shall submit to the Central Repository:

1. Two complete sets of the employee's legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

2. The fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

3. The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(iv) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the employee and the Administration or contractor a printed statement of the employee's criminal history record information.

(v) Information obtained from the Central Repository under this subsection shall be:

1. Confidential and may not be disseminated; and

2. Used only for the purpose authorized by this subsection.

(vi) The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.

§ 7-102 - 2. Privatization of public bus transportation services

Abrogated.