EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0582*
HOUSE BILL 582
R2, R5 2lr2988
CF SB 59
By: Delegates Hornberger, Anderton, Boteler, Carr, Cox, Griffith, Hartman,
Jacobs, Krebs, McComas, McKay, Morgan, Novotny, Otto, Reilly, Rose,
Saab, Shoemaker, and Wivell
Introduced and read first time: January 31, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Maryland Transportation Authority – Options for the Payment of Tolls and Civil 2
Penalties 3
FOR the purpose of requiring the Maryland Transportation Authority to provide, to the 4
greatest extent feasible, certain users of transportation facilities projects a range of 5
options to pay for certain toll transactions and penalties; requiring the Authority to 6
offer a certain installment plan agreement to certain persons for the payment of 7
certain tolls and penalties; requiring the Authority to offer certain account holders a 8
certain option to be billed for certain toll charges in certain installment amounts 9
under certain circumstances; authorizing the Authority to refer certain unpaid tolls 10
and penalties to the Central Collection Unit for collection; requiring the Authority to 11
recall certain unpaid video tolls and penalties from the Central Collection Unit under 12
certain circumstances; requiring the Authority to waive certain penalties under 13
certain circumstances; and generally relating to the Maryland Transportation 14
Authority and the payment of tolls and civil penalties. 15
BY repealing and reenacting, with amendments, 16
Article – State Finance and Procurement 17
Section 3–302 18
Annotated Code of Maryland 19
(2021 Replacement Volume) 20
BY adding to 21
Article – Transportation 22
Section 4–408 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, with amendments, 26 2 HOUSE BILL 582
Article – Transportation 1
Section 21–1414 2
Annotated Code of Maryland 3
(2020 Replacement Volume and 2021 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – State Finance and Procurement 7
3–302. 8
(a) (1) Except as otherwise provided in subsection (b) of this section, 9
paragraph (2)(ii) of this subsection, or in other law, the Central Collection Unit is 10
responsible for the collection of each delinquent account or other debt that is owed to the 11
State or any of its officials or units. 12
(2) (i) Except as provided in subparagraph (ii) of this paragraph, an 13
official or unit of the State government shall refer to the Central Collection Unit each debt 14
for which the Central Collection Unit has collection responsibility under this subsection 15
and may not settle the debt. 16
(ii) A public institution of higher education may not refer a 17
delinquent student account or debt to the Central Collection Unit unless, in accordance 18
with § 15–119 of the Education Article: 19
1. the delinquent account or debt has not been settled by the 20
end of the late registration period of the semester after the student account became 21
delinquent; or 22
2. the student has not entered into or made timely payments 23
to satisfy an installment payment plan. 24
(3) For the purposes of this subtitle, a community college or board of 25
trustees for a community college established or operating under Title 16 of the Education 26
Article is a unit of the State. 27
(b) Unless, with the approval of the Secretary, a unit of the State government 28
assigns the claim to the Central Collection Unit, the Central Collection Unit is not 29
responsible for and may not collect: 30
(1) any taxes; 31
(2) any child support payment that is owed under § 5–308 of the Human 32
Services Article; 33
(3) any unemployment insurance contribution or overpayment; 34 HOUSE BILL 582 3
(4) any fine; 1
(5) any court costs; 2
(6) any forfeiture on bond; 3
(7) any money that is owed as a result of a default on a loan that the 4
Department of Commerce or the Department of Housing and Community Development has 5
made or insured; 6
(8) any money that is owed under Title 9, Subtitles 2, 3, and 4 and Title 20 7
of the Insurance Article; [or] 8
(9) any money that is owed for unpaid video tolls and associated civil 9
penalties under § 21–1414 of the Transportation Article under a delinquent account 10
associated with a person residing outside the State; OR 11
(10) ANY MONEY THAT IS OWED UNDER A DELINQU ENT ACCOUNT FOR 12
UNPAID VIDEO TOLLS A ND ASSOCIATED CIVIL PENALTIES AND IS REC ALLED BY THE 13
MARYLAND TRANSPORTATION AUTHORITY UNDER § 21–1414(H) OF THE 14
TRANSPORTATION ARTICLE. 15
(c) The Central Collection Unit shall be responsible for the collection of each 16
delinquent account or other debt that is owed to a community college established or 17
operating under Title 16 of the Education Article if the board of trustees for the community 18
college: 19
(1) adopts a resolution appointing the Central Collection Unit as the 20
collector of delinquent accounts or other debt; and 21
(2) submits the resolution to the Central Collection Unit. 22
Article – Transportation 23
4–408. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “E–ZPASS ACCOUNT” HAS THE MEANING STAT ED IN § 21–1416 OF 27
THIS ARTICLE. 28
(3) “TOLL COLLECTION FACIL ITY” HAS THE MEANING STAT ED IN § 29
21–1414 OF THIS ARTICLE. 30 4 HOUSE BILL 582
(B) TO THE GREATEST EXTEN T FEASIBLE, THE AUTHORITY SHALL PROVI DE 1
TO E–ZPASS ACCOUNT HOLDERS AND OTHER USERS OF TRANS PORTATION 2
FACILITIES PROJECTS A RANGE OF OPTIONS T O PAY FOR TOLL TRANS ACTIONS AT 3
TOLL COLLECTION FACI LITIES AND ANY ASSOC IATED CIVIL PENALTIE S FOR TOLL 4
VIOLATIONS, INCLUDING PAYMENT BY : 5
(1) CASH; 6
(2) CHECK; 7
(3) MONEY ORDER ; AND 8
(4) AN ELECTRONIC FUNDS T RANSFER THROUGH THE USE OF: 9
(I) A CREDIT OR DEBIT CARD ; 10
(II) AN AUTOMATED CLEARING HOUSE (ACH) TRANSFER; OR 11
(III) AN ONLINE PAYMENT SYS TEM, INCLUDING A MONEY 12
TRANSFER THROUGH A D IGITAL WALLET PAYMEN T PLATFORM OR OTH ER MOBILE 13
PAYMENT SERVICE . 14
21–1414. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “Authority” means the Maryland Transportation Authority. 17
(3) “Electronic toll collection” means a system in a toll collection facility 18
that is capable of collecting information from a motor vehicle for use in charging tolls. 19
(4) “Notice of toll due” or “notice” means an administrative notice of a video 20
toll transaction. 21
(5) “Person alleged to be liable” means: 22
(i) The registered owner of a motor vehicle involved in a video toll 23
transaction; or 24
(ii) A person to whom a registered owner of a motor vehicle has 25
transferred liability for a video toll transaction in accordance with this section and the 26
regulations of the Authority. 27
(6) “Recorded image” means an image of a motor vehicle passing through a 28 HOUSE BILL 582 5
toll collection facility recorded by a video monitoring system: 1
(i) On: 2
1. One or more photographs, micrographs, or electronic 3
images; 4
2. Videotape; or 5
3. Any other medium; and 6
(ii) Showing either the front or rear of the motor vehicle on at least 7
one image or portion of tape and clearly identifying the license plate number and state of 8
the motor vehicle. 9
(7) “Registered owner” means, with respect to a motor vehicle, the person 10
or persons designated as the registered owner in the records of the government agency that 11
is responsible for motor vehicle registration. 12
(8) “Toll collection facility” means any point on an Authority highway 13
where a toll is incurred and is required to be paid. 14
(9) “Toll violation” means the failure to pay a video toll within the time 15
prescribed by the Authority in a notice of toll due. 16
(10) “Video monitoring system” means a device installed to work in 17
conjunction with a toll collection facility that produces a recorded image when a video toll 18
transaction occurs. 19
(11) “Video toll” means the amount assessed by the Authority when a video 20
toll transaction occurs. 21
(12) “Video toll transaction” means any transaction in which a motor vehicle 22
does not or did not pay a toll at the time of passage through a toll collection facility with a 23
video monitoring system. 24
(b) (1) Except as provided in subsection (g) of this section, the registered owner 25
of a motor vehicle shall be liable to the Authority for payment of a video toll as provided for 26
in the regulations of the Authority. 27
(2) The Authority shall send the registered owner of a motor vehicle that 28
has incurred a video toll a notice of toll due. 29
(3) Except as provided in subsection (g) of this section, the person alleged 30
to be liable who receives a notice of toll due shall have at least 30 days to pay the video toll. 31
(c) (1) Failure of the person alleged to be liable to pay the video toll under a 32 6 HOUSE BILL 582
notice of toll due by the date stated on the notice shall constitute a toll violation subject to 1
a civil citation and a civil penalty, which shall be assessed 15 days after the toll violation 2
occurs, as provided for in the regulations of the Authority. 3
(2) A registered owner of a motor vehicle shall not be liable for a civil 4
penalty imposed under this section if the operator of the motor vehicle has been convicted 5
of failure or refusal to pay a toll under § 21–1413 of this subtitle for the same violation. 6
(d) (1) The Authority or its duly authorized agent shall send a citation via 7
first–class mail, no later than 60 days after the toll violation, to the person alleged to be 8
liable under this section. 9
(2) Personal service of the citation on the person alleged to be liable shall 10
not be required, and a record of mailing kept in the ordinary course of business shall be 11
admissible evidence of the mailing of the notice of toll due and citation. 12
(3) A citation shall contain: 13
(i) The name and address of the person alleged to be liable under 14
this section; 15
(ii) The license plate number and state of registration of the motor 16
vehicle involved in the video toll transaction; 17
(iii) The location where the video toll transaction took place; 18
(iv) The date and time of the video toll transaction; 19
(v) The amount of the video toll and the date it was due as stated on 20
the notice of toll due; 21
(vi) A copy of the recorded image; 22
(vii) A statement that the video toll was not paid before the civil 23
penalty was assessed; 24
(viii) The amount of the civil penalty; and 25
(ix) The date by which the video toll and civil penalty must be paid. 26
(4) A citation shall also include: 27
(i) Information advising the person alleged to be liable under this 28
section of the manner and the time in which liability alleged in the citation may be 29
contested; 30
(ii) The statutory defenses described in subsection (g) of this section 31 HOUSE BILL 582 7
that were originally included in the notice of toll due; and 1
(iii) A warning that failure to pay the video toll and civil penalty, to 2
contest liability in the manner and time prescribed, or to appear at a trial requested is an 3
admission of liability and a waiver of available defenses, and may result in the refusal or 4
suspension of the motor vehicle registration and referral for collection. 5
(5) A person alleged to be liable receiving the citation for a toll violation 6
under this section may: 7
(i) Pay the video toll and the civil penalty directly to the Authority; 8
or 9
(ii) Elect to stand trial for the alleged violation. 10
(6) (i) If the person alleged to be liable under this section fails to elect 11
to stand trial or to pay the prescribed video toll and civil penalty within 30 days after 12
mailing of the citation, or is adjudicated to be liable after trial, or fails to appear at trial 13
after having elected to stand trial, the Authority or its duly authorized agent may: 14
1. Collect the video toll and the civil penalty by any means of 15
collection as provided by law; and 16
2. Notify the Administration of the failure to pay the video 17
toll and civil penalty in accordance with subsection (i) of this section. 18
(ii) No additional hearing or proceeding is required before the 19
Administration takes action with respect to the motor vehicle of the registered owner under 20
subsection (i) of this section. 21
(e) (1) A certificate alleging that a toll violation occurred and that the video 22
toll payment was not received before the civil penalty was assessed, sworn to or affirmed 23
by a duly authorized agent of the Authority, based upon inspection of a recorded image and 24
electronic toll collection records produced by an electronic toll collection video monitoring 25
system shall be evidence of the facts contained therein and shall be admissible in any 26
proceeding alleging a violation under this section without the presence or testimony of the 27
duly authorized agent who performed the requirements under this section. 28
(2) The citation, including the certificate, shall constitute prima facie 29
evidence of liability for the toll violation and civil penalty. 30
(f) Adjudication of liability under this section: 31
(1) Shall be based upon a preponderance of evidence; 32
(2) May not be deemed a conviction of a registered owner of a motor vehicle 33
under the Motor Vehicle Code; 34 8 HOUSE BILL 582
(3) May not be made part of the registered owner’s motor vehicle operating 1
record; and 2
(4) May not be considered in the provision of motor vehicle insurance 3
coverage. 4
(g) (1) If, at the time of a video toll transaction, a motor vehicle is operated by 5
a person other than the registered owner without the express or implied consent of the 6
registered owner, and if the registered owner by the date stated on the notice of toll due 7
provides the Authority or its duly authorized agent with a notarized admission by the 8
person accepting liability which shall include that person’s name, address, and driver’s 9
license identification number, then the person accepting liability shall be liable under this 10
section and shall be sent a notice of toll due. 11
(2) If the registered owner is a lessor of motor vehicles, and at the time of 12
the video toll transaction the motor vehicle involved was in the possession of a lessee, and 13
the lessor by the date stated on the notice of toll due provides the Authority or its duly 14
authorized agent with a copy of the lease agreement or other documentation acceptable to 15
the Authority identifying the lessee, including the person’s name, address, and driver’s 16
license identification number or federal employer identification number, then the lessee 17
shall be liable under this section and shall be sent a notice of toll due. 18
(3) If the motor vehicle involved in a video toll transaction is operated using 19
a dealer or transporter registration plate, and at the time of the video toll transaction the 20
motor vehicle was under the custody and control of a person other than the owner of the 21
dealer or transporter registration plate, and if the owner of the dealer or transporter 22
registration plate by the date stated on the notice of toll due provides to the Authority or 23
its duly authorized agent a copy of the contractual agreement or other documentation 24
acceptable to the Authority identifying the person, including the person’s name, address, 25
and driver’s license identification number, who had custody and control over the motor 26
vehicle at the time of the video toll transaction, then that person and not the owner of the 27
dealer or transporter registration plate shall be liable under this section and shall be sent 28
a notice of toll due. 29
(4) If a motor vehicle or registration plate number is reported to a law 30
enforcement agency as stolen at the time of the video toll transaction, and the registered 31
owner by the date stated on the notice of toll due provides to the Authority or its duly 32
authorized agent a copy of the police report substantiating that the motor vehicle was stolen 33
at the time of the video toll transaction, then the registered owner of the motor vehicle is 34
not liable under this section. 35
(h) (1) THE AUTHORITY MAY REFER A DELINQUENT ACCOUNT F OR 36
UNPAID VIDEO TOLLS A ND ASSOCIATED CIVIL PENAL TIES TO THE CENTRAL 37
COLLECTION UNIT FOR COLLECTION . 38
(2) THE AUTHORITY SHALL RECAL L A DELINQUENT ACCOU NT FROM 39 HOUSE BILL 582 9
THE CENTRAL COLLECTION UNIT IF: 1
(I) THE DELINQUENT ACCOUN T EXCEEDS $300 IN UNPAID 2
VIDEO TOLLS AND ASSO CIATED CIVIL PENAL TIES; AND 3
(II) THE PERSON ASSOCIATED WITH THE DELINQUENT 4
ACCOUNT AGREES TO PA Y THE UNPAID VIDEO T OLLS AND ASSOCIATED CIVIL 5
PENALTIES UNDER AN I NSTALLMENT PLAN AGRE EMENT OFFERED BY THE 6
AUTHORITY UNDER SUBSE CTION (J) OF THIS SECTION. 7
(3) Notwithstanding any other provision of law, until the Authority refers 8
the debt to the Central Collection Unit OR AFTER THE AUTHORITY HAS RECALLE D A 9
DELINQUENT ACCOUNT F ROM THE CENTRAL COLLECTION UNIT, the Authority 10
[may]: 11
(I) MAY waive any portion of the video toll due or civil penalty 12
assessed under this section; AND 13
(II) SHALL WAIVE ANY CIVIL PENALTY ASSESSED UND ER THIS 14
SECTION IF: 15
1. THE NOTICE OF TOLL DU E FOR THE VIDEO TOLL IN 16
QUESTION WAS SENT TO THE PERSON ALLEGED T O BE LIABLE MORE THA N 60 DAYS 17
AFTER THE VIDEO TOLL TRANSACTION ; AND 18
2. THE AUTHORITY IS RESPONSI BLE FOR THE DELAY IN 19
THE TIMELY PROCESSIN G OF THE VIDEO TOLL TRANSACTION DUE TO 20
COVID–19–RELATED OR OTHER FAC TORS. 21
(i) (1) The Administration shall refuse or suspend the registration of a motor 22
vehicle that incurs a toll violation under this section if: 23
(i) The Maryland Transportation Authority notifies the 24
Administration that a registered owner of the motor vehicle has been served with a citation 25
in accordance with this section and has failed to: 26
1. Pay the video toll and the civil penalty for the toll violation 27
by the date specified in the citation; and 28
2. Contest liability for the toll violation by the date identified 29
and in the manner specified in the citation; or 30
(ii) The Maryland Transportation Authority or the District Court 31
notifies the Administration that a person who elected to contest liability for a toll violation 32
under this section has failed to: 33 10 HOUSE BILL 582
1. Appear for trial or has been determined to be guilty of the 1
toll violation; and 2
2. Pay the video toll and civil penalty. 3
(2) In conjunction with the Maryland Transportation Authority, the 4
Administration may adopt regulations and develop procedures to carry out the refusal or 5
suspension of a registration under this subsection. 6
(3) The procedures in this subsection are in addition to any other penalty 7
provided by law for a toll violation under this section. 8
(4) This subsection may be applied to enforce a reciprocal agreement 9
entered into by the State and another jurisdiction in accordance with § 21–1415 of this 10
subtitle. 11
(J) (1) (I) THE AUTHORITY SHALL OFFER AN INSTALLMENT PLAN 12
AGREEMENT TO A PERSO N ALLEGED TO BE LIAB LE UNDER THIS SECTIO N FOR 13
PAYMENT OF UNPAID VI DEO TOLLS AND ANY AS SOCIATED CIVIL PENALTIES THAT 14
TOTAL AT LEAST $300. 15
(II) AN INSTALLMENT PLAN A GREEMENT UNDER THIS 16
PARAGRAPH SHALL REQU IRE THE PERSON ALLEG ED TO BE LIABLE TO M AKE 17
MONTHLY INSTALLMENT PAYMENTS OF 10% PER MONTH ON THE TOT AL AMOUNT OF 18
THE UNPAID VIDEO TOL LS AND ANY ASSOCIATED CIVIL PENALTIES OWED BY TH E 19
PERSON. 20
(III) IF A PERSON FAILS TO PAY VIDEO TOLLS AND CIVIL 21
PENALTIES OWED IN AC CORDANCE WITH AN INS TALLMENT PLAN AGREEM ENT, THE 22
AUTHORITY MAY REFER T HE UNPAID TOLLS AND PENALTIES TO THE CENTRAL 23
COLLECTION UNIT FOR COLLECTION . 24
(2) (I) 1. IN THIS PARAGRAPH THE FOLLOWING WORDS HAVE 25
THE MEANINGS INDICAT ED. 26
2. “BACKLOG TOLL CHARGE ” MEANS A TOLL FOR 27
PASSAGE OF A MOTOR V EHICLE THROUGH A TOL L COLLECTION FACILIT Y THAT IS 28
PROCESSED AND BILLED TO AN E–ZPASS ACCOUNT OR A PAY–BY–PLATE ACCOUNT 29
HOLDER MORE THAN 60 DAYS AFTER THE TOLL TRANSACTION OCCURRED DUE TO 30
COVID–19–RELATED OR OTHER FAC TORS FOR WHICH THE AUTHORITY IS 31
RESPONSIBLE . 32
3. “E–ZPASS ACCOUNT” HAS THE MEANING STAT ED IN § 33
21–1416 OF THIS SUBTITLE. 34 HOUSE BILL 582 11
4. “PAY–BY–PLATE ACCOUNT ” MEANS AN 1
ARRANGEMENT IN WHICH A TOLL INCURRED FOR PASSAGE OF A MOTOR V EHICLE 2
THROUGH A TOLL COLLE CTION FACILITY BY EL ECTRONIC TOLL COLLEC TION 3
THROUGH THE USE OF A VIDEO MONITORING SYS TEM IS BILLED TO A C REDIT CARD 4
OF A PERSON LINKED TO THE REGISTER ED LICENSE PLATE OF THE MOTOR VEHICLE 5
UNDER AN AGREEMENT B ETWEEN THE AUTHORITY AND THE PER SON. 6
(II) IF THE AUTHORITY BILLS AN E–ZPASS ACCOUNT HOLDER 7
OR A PAY–BY–PLATE ACCOUNT HOLDER A SUM TOTAL OF BACKL OG TOLL CHARGES 8
OF $300 OR MORE, THE AUTHORITY SHALL OFFER THE ACCOUNT HOLDER A N 9
OPTION TO BE BILLED FOR THE BACKLOG TOLL CHARGES IN MONTHLY 10
INSTALLMENT AMOUNTS OF 10% PER MONTH ON THE TOT AL BACKLOG TOLL 11
CHARGES OWED BY THE ACCOUNT HOLDER . 12
(3) THE AUTHORITY SHALL : 13
(I) ALLOW PERS ONS TO APPLY FOR THE INSTALLMENT PLAN 14
AGREEMENT AND INSTAL LMENT BILLING OPTION S OFFERED UNDER THIS 15
SUBSECTION ON THE AUTHORITY’S WEBSITE; AND 16
(II) ACCEPT AS SUFFICIENT AN ATTESTATION FROM AN 17
APPLICANT THAT THE A PPLICANT QUALIFIES F OR AN INSTALLMENT PL AN 18
AGREEMENT OR INSTALL MENT BILLING OPTION OFFERED UNDER THIS S UBSECTION 19
WHEN APPROVING ELIGI BILITY FOR THE OPTIO N. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2022. 22