In this subtitle the following words have the meanings indicated. “Railroad company” means a railway company or corporation, together with its subsidiaries, corporate affiliates, and parent companies, that is engaged as a common carrier in the furnishing or sale of transportation subject to Subtitle IV of Title 49 of the United States Code. “Railroad company” includes a corporation the title of which contains a combination of words similar to “railway company”. “Railroad police officer” means an individual appointed by the Governor to act as a police officer for a railroad company under this subtitle. “Secretary” means the Secretary of State Police.

Each railroad company located wholly or partly in the State may apply for the appointment of railroad police officers: to protect property, patrons, passengers, tenants, employees, equipment, and services; and to preserve peace and order on railroad premises, easements, appurtenant property, trains, cars, and other vehicles.

To qualify for appointment to act as a railroad police officer under this subtitle, an applicant shall be an individual who meets the requirements of this section. The applicant shall be of good moral character. The applicant may not have been convicted of a felony or misdemeanor involving moral turpitude. The applicant shall be at least 21 years old. The applicant shall: be a full–time police officer employed by a railroad company on July 1, 1979; or meet all the educational and training requirements required by the Police Training and Standards Commission.

The chief railroad police officer of a railroad company shall: submit to the Secretary under oath an application for appointment of each railroad police officer in a manner and format designated by the Secretary; and pay to the Secretary the application fee set by the Secretary in a method approved by the Secretary. The application fee is nonrefundable.

The Secretary shall submit to the Governor: each application for appointment of a railroad police officer received under this subtitle; a recommendation on denying or granting the application; and the reasons for the recommendation. The Governor may accept the recommendation of the Secretary but need not issue an appointment approved by the Secretary if the Governor believes it is not in the best interest of the State to do so. The Governor shall issue an appointment to act as a railroad police officer to each applicant approved by the Governor.

Each railroad police officer has all the powers granted to a peace or police officer. A railroad police officer may exercise the powers granted under this subtitle only if the railroad police officer: is on real or personal property owned, leased, operated, or controlled by the railroad company that employs the railroad police officer; is in fresh pursuit of a suspect; is requested or authorized to act by the executive officer or chief police officer of a county; or is ordered to act by the Governor.

The railroad company that employs a railroad police officer is liable for any wrongful action or abuse of power by the railroad police officer.

Before performing the duties of a railroad police officer, each railroad police officer shall take the oath required by Article I, § 9 of the Maryland Constitution before the clerk of the circuit court where the appointment is received.

Each railroad police officer who is in uniform and on duty shall wear in plain view a badge that identifies the railroad company that employs the railroad police officer. Each railroad police officer shall carry an identification card issued by the railroad company that employs the railroad police officer.

Each railroad police officer shall receive compensation from the railroad company that employs the railroad police officer.

An appointment issued under this subtitle remains in effect until: terminated by the railroad company that employs the railroad police officer; or revoked for cause by the Governor.

Employment of a railroad police officer ends on the retirement, resignation, or termination of the railroad police officer. The powers granted to a railroad police officer under this subtitle end when the employment of the railroad police officer ends. Within 10 days after the employment of a railroad police officer ends, the railroad company that employed the railroad police officer shall file notice with the Governor that the employment has ended.

If sufficient facilities are available, the person in charge of a jail or place of detention shall receive and confine an individual arrested by a railroad police officer. An individual confined under subsection (a) of this section: is deemed to be in the custody of the railroad police; and has the same status as an individual arrested by any other peace or police officer of the State.

To carry out the purposes of this subtitle, the Governor may enter into a reciprocal agreement with the governor of another state to empower railroad police officers to perform police functions lawfully exercised by an officer of the reciprocal state that relate to the purposes described in this subtitle.

This subtitle may be cited as the Maryland Railroad Police Act.