EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0813*
HOUSE BILL 813
R5, R1 2lr0333
By: Montgomery County Delegation
Introduced and read first time: February 3, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Montgomery County – Speed and School Bus Monitoring Systems 2
MC 03–22 3
FOR the purpose of requiring the Montgomery County Department of Transportation, in 4
conjunction with the State Highway Administration, to construct a median divider 5
at certain locations where certain citations are issued for violations recorded by 6
school bus monitoring systems; repealing a prohibition on implementing new speed 7
monitoring systems to enforce speed limits that have been decreased under a certain 8
provision of law; requiring the fines collected as a result of violations enforced by 9
certain new speed monitoring systems to be used to enhance safety at certain 10
locations; and generally relating to speed and school bus monitoring systems in 11
Montgomery County. 12
BY adding to 13
Article – Transportation 14
Section 8–663 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Transportation 19
Section 21–803(a) 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2021 Supplement) 22
(As enacted by Chapter 689 of the Acts of the General Assembly of 2021) 23
BY repealing and reenacting, with amendments, 24
Article – Courts and Judicial Proceedings 25
Section 7–302(e)(4) 26
Annotated Code of Maryland 27 2 HOUSE BILL 813
(2020 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Transportation 4
8–663. 5
(A) THIS SECTION APPLIES ONLY IN MONTGOMERY COUNTY. 6
(B) (1) THE MONTGOMERY COUNTY DEPARTMENT OF 7
TRANSPORTATION , IN CONJUNCTION WITH THE ADMINISTRATION , SHALL 8
CONSTRUCT A MEDIAN D IVIDER AT EACH LOCATION ON A STATE HIGHWAY WITH TWO 9
OR MORE TRAFFIC LANE S IN EACH DIRECTION WHERE, DURING A 12–MONTH 10
PERIOD, MORE THAN 1,000 CITATIONS ARE ISSUED BY A SCHOOL BUS MONI TORING 11
CAMERA UNDER § 21–706.1 OF THIS ARTICLE FOR VEHICLES RECORDED 12
APPROACHING A SCHOOL BUS FROM THE OPPOSITE DIRECTION. 13
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 14
COST OF CONSTRUCTION FOR ANY MEDIAN DIVID ER CONSTRUCTED UNDER THIS 15
SECTION SHALL BE SHARED EQUALLY BETWEEN THE MONTGOMERY COUNTY 16
DEPARTMENT OF TRANSPORTATION AND TH E ADMINISTRATION . 17
(II) IF THE TOTAL AMOUNT OF FINES COLLECTED FOR 18
CITATIONS DESCRIBED UNDER PARAGRAPH (1) OF THIS SUBSECTION A ND ISSUED 19
FOR VIOLATIONS RECORDED AT A PARTICULAR LOCATION IS INSUFFICIENT TO PAY 20
FOR MONTGOMERY COUNTY’S SHARE OF THE COST OF THE REQUIRED MEDIAN 21
DIVIDER AT THAT LOCATION , THE ADMINISTRATION SHALL PAY THE REMAINING 22
COST. 23
21–803. 24
(a) (1) Except as provided in paragraphs (3) and (4) of this subsection, if, on 25
the basis of an engineering and traffic investigation, a local authority determines that any 26
maximum speed limit specified in this subtitle is greater or less than reasonable or safe 27
under existing conditions on any part of a highway in its jurisdiction, it may establish a 28
reasonable and safe maximum speed limit for that part of the highway, which may: 29
(i) Decrease the limit at an intersection; 30
(ii) Increase the limit in an urban district to not more than 50 miles 31
per hour; 32
(iii) Decrease the limit in an urban district; or 33 HOUSE BILL 813 3
(iv) Decrease the limit outside an urban district to not less than 25 1
miles per hour. 2
(2) An engineering and traffic investigation is not required to conform a 3
posted maximum speed limit in effect on December 31, 1974, to a different limit specified 4
in § 21–801.1(b) of this subtitle. 5
(3) Calvert County may decrease the maximum speed limit to not less than 6
15 miles per hour on Lore Road and, except for Solomons Island Road, each highway south 7
of Lore Road without performing an engineering and traffic investigation, regardless of 8
whether the highway is inside an urban district. 9
(4) (i) This paragraph applies only to: 10
1. Montgomery County; and 11
2. Municipalities located in Montgomery County. 12
(ii) A local authority may decrease the maximum speed limit to not 13
less than 15 miles per hour on a highway only after performing an engineering and traffic 14
investigation. 15
[(iii) A local authority may not implement a new speed monitoring 16
system to enforce speed limits on any portion of a highway for which the speed limit has 17
been decreased under this paragraph.] 18
Article – Courts and Judicial Proceedings 19
7–302. 20
(e) (4) (i) From the fines collected by a political subdivision as a result of 21
violations enforced by speed monitoring systems or school bus monitoring cameras, a 22
political subdivision: 23
1. May recover the costs of implementing and administering 24
the speed monitoring systems or school bus monitoring cameras; and 25
2. Subject to subparagraphs (ii), (iii), [and] (iv), AND (VI) of 26
this paragraph, may spend any remaining balance solely for public safety purposes, 27
including pedestrian safety programs. 28
(ii) 1. For any fiscal year, if the balance remaining from the fines 29
collected by a political subdivision as a result of violations enforced by speed monitoring 30
systems, after the costs of implementing and administering the systems are recovered in 31
accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 32
revenues of the political subdivision for the fiscal year, the political subdivision shall remit 33 4 HOUSE BILL 813
any funds that exceed 10% of the total revenues to the Comptroller. 1
2. The Comptroller shall deposit any money remitted under 2
this subparagraph to the General Fund of the State. 3
(iii) The fines collected by Prince George’s County as a result of 4
violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted 5
to the Comptroller for distribution to the State Highway Administration to be used solely 6
to assist in covering the costs of: 7
1. Examining the engineering, infrastructure, and other 8
relevant factors that may contribute to safety issues on Maryland Route 210 in Prince 9
George’s County; 10
2. Reporting its findings and recommendations on any 11
solutions to these safety issues; and 12
3. Implementing any solutions to these safety issues. 13
(iv) 1. From the fines collected by Baltimore City as a result of 14
violations enforced by speed monitoring systems on Interstate 83, any balance remaining 15
after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to 16
the Comptroller for distribution to the Baltimore City Department of Transportation to be 17
used solely to assist in covering the cost of roadway improvements on Interstate 83 in 18
Baltimore City. 19
2. Fines remitted to the Baltimore City Department of 20
Transportation under subparagraph (iv)1 of this paragraph are supplemental to and are 21
not intended to take the place of funding that would otherwise be appropriated for uses 22
described under subparagraph (iv)1 of this paragraph. 23
(v) From the fines collected by Anne Arundel County as a result of 24
violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road) 25
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 26
County line, any balance remaining after the allocation of fines under subparagraph (i)1 of 27
this paragraph shall be remitted to the Comptroller for distribution to the State Highway 28
Administration to be used solely to assist in covering the cost of speed reduction measures 29
and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road) 30
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 31
County line. 32
(VI) 1. FROM THE FINES COLLEC TED BY MONTGOMERY 33
COUNTY AS A RESULT OF VIOLA TIONS ENFORCED BY SP EED MONITO RING SYSTEMS 34
INSTALLED ON OR AFTE R OCTOBER 1, 2022, ON ANY PORTION OF A HIGHWAY FOR 35
WHICH THE SPEED LIMI T WAS DECREASED UNDER § 21–803 OF THE 36
TRANSPORTATION ARTICLE, ANY BALANCE REMAININ G AFTER THE ALLOCATI ON OF 37 HOUSE BILL 813 5
FINES UNDER SUBPARAG RAPH (I)1 OF THIS PARAGRAPH SH ALL BE USED ONLY TO 1
ENHANCE SAFETY AT LO CATIONS IN MONTGOMERY COUNTY AT WHICH HIGH 2
NUMBERS OF VIOLATION S ARE RECORDED BY SP EED MONITORING SYSTE MS, AS 3
DETERMIN ED BY THE MONTGOMERY COUNTY DEPARTMENT OF TRANSPORTATION . 4
2. ANY FUNDS USED IN ACCORDANCE WITH 5
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH MAY BE USE D ONLY AT THE 6
LOCATION OF THE SPEE D MONITORING SYSTEM THAT RECORDED THE VI OLATION. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2022. 9