Maryland 2022 Regular Session

Maryland House Bill HB73 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 171
21
3-– 1 –
4-Chapter 171
5-(House Bill 73)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0073*
89
9-Baltimore City – Complete Streets and Safe Routes to School Programs –
10-Funding
10+HOUSE BILL 73
11+R2 2lr0751
12+HB 226/21 – ENT (PRE–FILED)
13+By: Delegate R. Lewis
14+Requested: October 14, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Environment and Transportation
17+Committee Report: Favorable
18+House action: Adopted
19+Read second time: March 13, 2022
1120
12-FOR the purpose of requiring Baltimore City to spend, after recovering costs, the
13-remaining balance of fines collected as a result of violations enforced by certain
14-traffic and vehicle monitoring systems on activities eligible for funding under the
15-State Highway Administration’s Safe Routes to School Program or public safety or
16-transportation infrastructure improvements consistent with the purpose and goals
17-of the Complete Streets Program and the Complete Streets Transportation System;
18-requiring the Department of Transportation to submit a certain report on the
19-Complete Streets Program to the Baltimore City Delegation to the General
20-Assembly; and generally relating to the Complete Streets Program and the Safe
21-Routes to School Program in Baltimore City.
21+CHAPTER ______
2222
23-BY repealing and reenacting, with amendments,
24- Article – Courts and Judicial Proceedings
25-Section 7–302(e)(4)(i) and (5)
26- Annotated Code of Maryland
27- (2020 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2824
29-BY repealing and reenacting, without amendments,
30- Article – Courts and Judicial Proceedings
31-Section 7–302(e)(4)(iv)
32- Annotated Code of Maryland
33- (2020 Replacement Volume and 2021 Supplement)
25+Baltimore City – Complete Streets and Safe Routes to School Programs – 2
26+Funding 3
3427
35-BY repealing and reenacting, with amendments,
36- Article – Courts and Judicial Proceedings
37-Section 7–302(e)(4)(i) and (5)
38- Annotated Code of Maryland
39- (2020 Replacement Volume and 2021 Supplement)
40- (As enacted by Chapter 628 of the Acts of the General Assembly of 2021)
28+FOR the purpose of requiring Baltimore City to spend, after recovering costs, the 4
29+remaining balance of fines collected as a result of violations enforced by certain 5
30+traffic and vehicle monitoring systems on activities eligible for funding under the 6
31+State Highway Administration’s Safe Routes to School Program or public safety or 7
32+transportation infrastructure improvements consistent with the purpose and goals 8
33+of the Complete Streets Program and the Complete Streets Transportation System; 9
34+requiring the Department of Transportation to submit a certain report on the 10
35+Complete Streets Program to the Baltimore City Delegation to the General 11
36+Assembly; and generally relating to the Complete Streets Program and the Safe 12
37+Routes to School Program in Baltimore City. 13
4138
42-BY repealing and reenacting, with amendments,
43- Article – Transportation
44-Section 8908
45- Annotated Code of Maryland
46- (2020 Replacement Volume and 2021 Supplement)
39+BY repealing and reenacting, with amendments, 14
40+ Article – Courts and Judicial Proceedings 15
41+Section 7302(e)(4)(i) and (5) 16
42+ Annotated Code of Maryland 17
43+ (2020 Replacement Volume and 2021 Supplement) 18
4744
48- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
49-That the Laws of Maryland read as follows: Ch. 171 2022 LAWS OF MARYLAND
45+BY repealing and reenacting, without amendments, 19
46+ Article – Courts and Judicial Proceedings 20
47+Section 7–302(e)(4)(iv) 21
48+ Annotated Code of Maryland 22 2 HOUSE BILL 73
5049
51-– 2 –
5250
53-Article – Courts and Judicial Proceedings
51+ (2020 Replacement Volume and 2021 Supplement) 1
5452
55-7–302.
53+BY repealing and reenacting, with amendments, 2
54+ Article – Courts and Judicial Proceedings 3
55+Section 7–302(e)(4)(i) and (5) 4
56+ Annotated Code of Maryland 5
57+ (2020 Replacement Volume and 2021 Supplement) 6
58+ (As enacted by Chapter 628 of the Acts of the General Assembly of 2021) 7
5659
57- (e) (4) (i) [From] EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS
58-SUBSECTION, FROM the fines collected by a political subdivision as a result of violations
59-enforced by speed monitoring systems or school bus monitoring cameras, a political
60-subdivision:
60+BY repealing and reenacting, with amendments, 8
61+ Article – Transportation 9
62+Section 8–908 10
63+ Annotated Code of Maryland 11
64+ (2020 Replacement Volume and 2021 Supplement) 12
6165
62- 1. May recover the costs of implementing and administering
63-the speed monitoring systems or school bus monitoring cameras; and
66+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
67+That the Laws of Maryland read as follows: 14
6468
65- 2. Subject to subparagraphs (ii), (iii), and (iv) of this
66-paragraph, may spend any remaining balance solely for public safety purposes, including
67-pedestrian safety programs.
69+Article – Courts and Judicial Proceedings 15
6870
69- (iv) 1. From the fines collected by Baltimore City as a result of
70-violations enforced by speed monitoring systems on Interstate 83, any balance remaining
71-after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to
72-the Comptroller for distribution to the Baltimore City Department of Transportation to be
73-used solely to assist in covering the cost of roadway improvements on Interstate 83 in
74-Baltimore City.
71+7–302. 16
7572
76- 2. Fines remitted to the Baltimore City Department of
77-Transportation under subparagraph (iv)1 of this paragraph are supplemental to and are
78-not intended to take the place of funding that would otherwise be appropriated for uses
79-described under subparagraph (iv)1 of this paragraph.
73+ (e) (4) (i) [From] EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 17
74+SUBSECTION, FROM the fines collected by a political subdivision as a result of violations 18
75+enforced by speed monitoring systems or school bus monitoring cameras, a political 19
76+subdivision: 20
8077
81- (5) From the fines collected by Baltimore City as a result of violations
82-enforced by A TRAFFIC CONTROL SI GNAL MONITORING SYST EM, A SPEED
83-MONITORING SYSTEM NOT ON INTERSTATE 83, A SCHOOL BUS MONITOR ING
84-CAMERA, OR A vehicle height monitoring [systems] SYSTEM, Baltimore City [may]:
78+ 1. May recover the costs of implementing and administering 21
79+the speed monitoring systems or school bus monitoring cameras; and 22
8580
86- (i) [Recover] MAY RECOVER the costs of implementing and
87-administering [the] A TRAFFIC CONTROL SI GNAL MONITORING SYST EM, A SPEED
88-MONITORING SYSTEM NOT ON INTERSTATE 83, A SCHOOL BUS MONITOR ING
89-CAMERA, OR A vehicle height monitoring [systems] SYSTEM; and
81+ 2. Subject to subparagraphs (ii), (iii), and (iv) of this 23
82+paragraph, may spend any remaining balance solely for public safety purposes, including 24
83+pedestrian safety programs. 25
9084
91- (ii) [Spend] SHALL USE the remaining balance [solely on roadway
92-improvements] FOR THE FOLLOWING PU RPOSES:
85+ (iv) 1. From the fines collected by Baltimore City as a result of 26
86+violations enforced by speed monitoring systems on Interstate 83, any balance remaining 27
87+after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to 28
88+the Comptroller for distribution to the Baltimore City Department of Transportation to be 29
89+used solely to assist in covering the cost of roadway improvements on Interstate 83 in 30
90+Baltimore City. 31
9391
94- 1. INFRASTRUCTURE AND NO NINFRASTRUCTURE
95-ACTIVITIES ELIGIBLE FOR FUNDING UNDER TH E STATE HIGHWAY
96-ADMINISTRATION ’S SAFE ROUTES TO SCHOOL PROGRAM, AS JOINTLY AGREED ON LAWRENCE J. HOGAN, JR., Governor Ch. 171
92+ 2. Fines remitted to the Baltimore City Department of 32
93+Transportation under subparagraph (iv)1 of this paragraph are supplemental to and are 33
94+not intended to take the place of funding that would otherwise be appropriated for uses 34
95+described under subparagraph (iv)1 of this paragraph. 35
96+ HOUSE BILL 73 3
9797
98-– 3 –
99-BY THE BALTIMORE CITY PUBLIC SCHOOLS AND THE BALTIMORE CITY
100-DEPARTMENT OF TRANSPORTATION ; AND
10198
102- 2. PUBLIC SAFETY OR TRANSPORTA TION
103-INFRASTRUCTURE IMPRO VEMENTS CONSISTENT WITH THE PURPOSE AND GOALS
104-OF THE COMPLETE STREETS PROGRAM UNDER § 8–903 OF THE TRANSPORTATION
105-ARTICLE AND THE COMPLETE STREETS TRANSPORTATION SYSTEM UNDER
106-ARTICLE 26, § 40–6 OF THE BALTIMORE CITY CODE.
99+ (5) From the fines collected by Baltimore City as a result of violations 1
100+enforced by A TRAFFIC CONTROL SI GNAL MONITORING SYST EM, A SPEED 2
101+MONITORING SYSTEM NOT ON INTERSTATE 83, A SCHOOL BUS MONITOR ING 3
102+CAMERA, OR A vehicle height monitoring [systems] SYSTEM, Baltimore City [may]: 4
107103
108- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
109-as follows:
104+ (i) [Recover] MAY RECOVER the costs of implementing and 5
105+administering [the] A TRAFFIC CONTROL SI GNAL MONITORING SYST EM, A SPEED 6
106+MONITORING SYSTEM NOT ON INTERSTATE 83, A SCHOOL BUS MONITOR ING 7
107+CAMERA, OR A vehicle height monitoring [systems] SYSTEM; and 8
110108
111-Article – Courts and Judicial Proceedings
109+ (ii) [Spend] SHALL USE the remaining balance [solely on roadway 9
110+improvements] FOR THE FOLLOWING PU RPOSES: 10
112111
113-7–302.
112+ 1. INFRASTRUCTURE AND NO NINFRASTRUCTURE 11
113+ACTIVITIES ELIGIBLE FOR FUNDING UNDER TH E STATE HIGHWAY 12
114+ADMINISTRATION ’S SAFE ROUTES TO SCHOOL PROGRAM, AS JOINTLY AGREED ON 13
115+BY THE BALTIMORE CITY PUBLIC SCHOOLS AND THE BALTIMORE CITY 14
116+DEPARTMENT OF TRANSPORTATION ; AND 15
114117
115- (e) (4) (i) [From] EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS
116-SUBSECTION, FROM the fines collected by a political subdivision as a result of violations
117-enforced by speed monitoring systems or school bus monitoring cameras, a political
118-subdivision:
118+ 2. PUBLIC SAFETY OR TRANSPORTA TION 16
119+INFRASTRUCTURE IMPRO VEMENTS CONSISTENT WITH THE PURPOSE AND GOALS 17
120+OF THE COMPLETE STREETS PROGRAM UNDER § 8–903 OF THE TRANSPORTATION 18
121+ARTICLE AND THE COMPLETE STREETS TRANSPORTATION SYSTEM UNDER 19
122+ARTICLE 26, § 40–6 OF THE BALTIMORE CITY CODE. 20
119123
120- 1. May recover the costs of implementing and administering
121-the speed monitoring systems or school bus monitoring cameras; and
124+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21
125+as follows: 22
122126
123- 2. Subject to subparagraphs (ii) and (iii) of this paragraph,
124-may spend any remaining balance solely for public safety purposes, including pedestrian
125-safety programs.
127+Article – Courts and Judicial Proceedings 23
126128
127- (5) From the fines collected by Baltimore City as a result of violations
128-enforced by A TRAFFIC CONTROL SI GNAL MONITORING SYST EM, A SPEED
129-MONITORING SYSTEM , A SCHOOL BUS MONITORING C AMERA, OR A vehicle height
130-monitoring [systems] SYSTEM, Baltimore City [may]:
129+7–302. 24
131130
132- (i) [Recover] MAY RECOVER the costs of implementing and
133-administering [the] A TRAFFIC CONTROL SI GNAL MONITORING SYST EM, A SPEED
134-MONITORING SYSTEM , A SCHOOL BUS MONITOR ING CAMERA, OR A vehicle height
135-monitoring [systems] SYSTEM; and
131+ (e) (4) (i) [From] EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 25
132+SUBSECTION, FROM the fines collected by a political subdivision as a result of violations 26
133+enforced by speed monitoring systems or school bus monitoring cameras, a political 27
134+subdivision: 28
136135
137- (ii) [Spend] SHALL USE the remaining balance [solely on roadway
138-improvements] FOR THE FOLLOWING PURPOSES:
136+ 1. May recover the costs of implementing and administering 29
137+the speed monitoring systems or school bus monitoring cameras; and 30
139138
140- 1. INFRASTRUCTURE AND NO NINFRASTRUCTURE
141-ACTIVITIES ELIGIBLE FOR FUNDING UNDER TH E STATE HIGHWAY
142-ADMINISTRATION ’S SAFE ROUTES TO SCHOOL PROGRAM, AS JOINTLY AGREED ON Ch. 171 2022 LAWS OF MARYLAND
139+ 2. Subject to subparagraphs (ii) and (iii) of this paragraph, 31
140+may spend any remaining balance solely for public safety purposes, including pedestrian 32
141+safety programs. 33
142+ 4 HOUSE BILL 73
143143
144-– 4 –
145-BY THE BALTIMORE CITY PUBLIC SCHOOLS AND THE BALTIMORE CITY
146-DEPARTMENT OF TRANSPORTATION ; AND
147144
148- 2. PUBLIC SAFETY OR TRANSPORTA TION
149-INFRASTRUCTURE IMPRO VEMENTS CONSISTENT WITH THE PURPOSE AND GOALS
150-OF THE COMPLETE STREETS PROGRAM UNDER § 8–903 OF THE TRANSPORTATION
151-ARTICLE AND THE COMPLETE STREETS TRANSPORTATION SYSTEM UNDER
152-ARTICLE 26, § 40–6 OF THE BALTIMORE CITY CODE.
145+ (5) From the fines collected by Baltimore City as a result of violations 1
146+enforced by A TRAFFIC CONTROL SI GNAL MONITORING SYST EM, A SPEED 2
147+MONITORING SYSTEM , A SCHOOL BUS MONITORING C AMERA, OR A vehicle height 3
148+monitoring [systems] SYSTEM, Baltimore City [may]: 4
153149
154- SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
155-as follows:
150+ (i) [Recover] MAY RECOVER the costs of implementing and 5
151+administering [the] A TRAFFIC CONTROL SI GNAL MONITORING SYST EM, A SPEED 6
152+MONITORING SYSTEM , A SCHOOL BUS MONITOR ING CAMERA, OR A vehicle height 7
153+monitoring [systems] SYSTEM; and 8
156154
157-Article – Transportation
155+ (ii) [Spend] SHALL USE the remaining balance [solely on roadway 9
156+improvements] FOR THE FOLLOWING PURPOSES: 10
158157
159-8–908.
158+ 1. INFRASTRUCTURE AND NO NINFRASTRUCTURE 11
159+ACTIVITIES ELIGIBLE FOR FUNDING UNDER TH E STATE HIGHWAY 12
160+ADMINISTRATION ’S SAFE ROUTES TO SCHOOL PROGRAM, AS JOINTLY AGREED ON 13
161+BY THE BALTIMORE CITY PUBLIC SCHOOLS AND THE BALTIMORE CITY 14
162+DEPARTMENT OF TRANSPORTATION ; AND 15
160163
161- (a) On or before December 31 each year, the Department shall submit a report
162-to the Senate Finance Committee, Senate Budget and Taxation Committee, House
163-Appropriations Committee, [and] House Environment and Transportation Committee,
164-AND BALTIMORE CITY DELEGATION TO THE GENERAL ASSEMBLY, in accordance
165-with § 21257 of the State Government Article, on the status of the Program.
164+ 2. PUBLIC SAFETY OR TRANSPORTA TION 16
165+INFRASTRUCTURE IMPRO VEMENTS CONSISTENT WITH THE PURPOSE AND GOALS 17
166+OF THE COMPLETE STREETS PROGRAM UNDER § 8–903 OF THE TRANSPORTATION 18
167+ARTICLE AND THE COMPLETE STREETS TRANSPORTATION SYSTEM UNDER 19
168+ARTICLE 26, § 406 OF THE BALTIMORE CITY CODE. 20
166169
167- (b) The report required under subsection (a) of this section shall include:
170+ SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21
171+as follows: 22
168172
169- (1) The status of any grant projects funded by the Program; and
173+Article – Transportation 23
170174
171- (2) A discussion of whether there is a need to reevaluate the Program to
172-ensure that it is meeting the goals stated in § 8–903(b) of this subtitle.
175+8–908. 24
173176
174- (c) The report required under subsection (a) of this section shall be made
175-available on the Department’s website.
177+ (a) On or before December 31 each year, the Department shall submit a report 25
178+to the Senate Finance Committee, Senate Budget and Taxation Committee, House 26
179+Appropriations Committee, [and] House Environment and Transportation Committee, 27
180+AND BALTIMORE CITY DELEGATION TO THE GENERAL ASSEMBLY, in accordance 28
181+with § 2–1257 of the State Government Article, on the status of the Program. 29
176182
177- SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
178-take effect on the taking effect of the termination provision specified in Section 2 of
179-Chapter 628 of the Acts of the General Assembly of 2021. If that termination provision
180-takes effect, Section 1 of this Act, with no further action required by the General
181-Assembly, shall be abrogated and of no further force and effect. This Act may not be
182-interpreted to have any effect on that termination provision.
183+ (b) The report required under subsection (a) of this section shall include: 30
183184
184- SECTION 5. AND BE IT FURTHER ENACTED, That, subject to the provisions of
185-Section 4 of this Act, this Act shall take effect October 1, 2022.
185+ (1) The status of any grant projects funded by the Program; and 31
186186
187-Approved by the Governor, April 21, 2022.
187+ (2) A discussion of whether there is a need to reevaluate the Program to 32
188+ensure that it is meeting the goals stated in § 8–903(b) of this subtitle. 33
189+ HOUSE BILL 73 5
190+
191+
192+ (c) The report required under subsection (a) of this section shall be made 1
193+available on the Department’s website. 2
194+
195+ SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall 3
196+take effect on the taking effect of the termination provision specified in Section 2 of 4
197+Chapter 628 of the Acts of the General Assembly of 2021. If that termination provision 5
198+takes effect, Section 1 of this Act, with no further action required by the General 6
199+Assembly, shall be abrogated and of no further force and effect. This Act may not be 7
200+interpreted to have any effect on that termination provision. 8
201+
202+ SECTION 5. AND BE IT FURTHER ENACTED, That, subject to the provisions of 9
203+Section 4 of this Act, this Act shall take effect October 1, 2022. 10
204+
205+
206+
207+Approved:
208+________________________________________________________________________________
209+ Governor.
210+________________________________________________________________________________
211+ Speaker of the House of Delegates.
212+________________________________________________________________________________
213+ President of the Senate.