EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0813*
HOUSE BILL 813
R5, R1 2lr0333
By: Montgomery County Delegation
Introduced and read first time: February 3, 2022
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 13, 2022
CHAPTER ______
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; requiring Montgomery County to annually submit a certain report; 11
requiring Montgomery County, in coordination with the Maryland Department of 12
Transportation, to examine data relating to school bus stop violations and implement 13
certain measures; and generally relating to speed and school bus monitoring systems 14
in Montgomery County. 15
BY adding to 16
Article – Transportation 17
Section 8–663 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Transportation 22 2 HOUSE BILL 813
Section 21–803(a) 1
Annotated Code of Maryland 2
(2020 Replacement Volume and 2021 Supplement) 3
(As enacted by Chapter 689 of the Acts of the General Assembly of 2021) 4
BY repealing and reenacting, with amendments, 5
Article – Courts and Judicial Proceedings 6
Section 7–302(e)(4) 7
Annotated Code of Maryland 8
(2020 Replacement Volume and 2021 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Transportation 12
8–663. 13
(A) THIS SECTION APPLIES ONLY IN MONTGOMERY COUNTY. 14
(B) (1) THE MONTGOMERY COUNTY DEPARTMENT OF 15
TRANSPORTATION , IN CONJUNCTION WITH THE ADMINISTRATION , SHALL 16
CONSTRUCT A MEDIAN D IVIDER AT EACH LOCATION ON A STATE HIGHWAY WITH TW O 17
OR MORE TRAFFIC LANE S IN EACH DIRECTION WHERE, DURING A 12–MONTH 18
PERIOD, MORE THAN 1,000 CITATIONS ARE ISSUED BY A SCHOOL BUS MONI TORING 19
CAMERA UNDER § 21–706.1 OF THIS ARTICLE FOR VEHICLES RECORDED 20
APPROACHING A SCHOOL BUS FROM TH E OPPOSITE DIRECTION . 21
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 22
COST OF CONSTRUCTION FOR ANY MEDIAN DIVID ER CONSTRUCTED UNDER THIS 23
SECTION SHALL BE SHA RED EQUALLY BETWEEN THE MONTGOMERY COUNTY 24
DEPARTMENT OF TRANSPORTATION AND THE ADMINISTRATION . 25
(II) IF THE TOTAL AMOUNT O F FINES COLLECTED FO R 26
CITATIONS DESCRIBED UNDER PARAGRAPH (1) OF THIS SUBSECTION A ND ISSUED 27
FOR VIOLATIONS RECOR DED AT A PARTICULAR LOCATION IS INSUFFIC IENT TO PAY 28
FOR MONTGOMERY COUNTY’S SHARE OF THE COST OF THE RE QUIRED MEDIAN 29
DIVIDER AT THAT LOCA TION, THE ADMINISTRATION SHALL PAY THE REMAINING 30
COST. 31
21–803. 32
(a) (1) Except as provided in paragraphs (3) and (4) of this subsection, if, on 33
the basis of an engineering and traffic investigation, a local authority determines that any 34
maximum speed limit specified in this subtitle is greater or less than reasonable or safe 35 HOUSE BILL 813 3
under existing conditions on any part of a highway in its jurisdiction, it may establish a 1
reasonable and safe maximum speed limit for that part of the highway, which may: 2
(i) Decrease the limit at an intersection; 3
(ii) Increase the limit in an urban district to not more than 50 miles 4
per hour; 5
(iii) Decrease the limit in an urban district; or 6
(iv) Decrease the limit outside an urban district to not less than 25 7
miles per hour. 8
(2) An engineering and traffic investigation is not required to conform a 9
posted maximum speed limit in effect on December 31, 1974, to a different limit specified 10
in § 21–801.1(b) of this subtitle. 11
(3) Calvert County may decrease the maximum speed limit to not less than 12
15 miles per hour on Lore Road and, except for Solomons Island Road, each highway south 13
of Lore Road without performing an engineering and traffic investigation, regardless of 14
whether the highway is inside an urban district. 15
(4) (i) This paragraph applies only to: 16
1. Montgomery County; and 17
2. Municipalities located in Montgomery County. 18
(ii) A local authority may decrease the maximum speed limit to not 19
less than 15 miles per hour on a highway only after performing an engineering and traffic 20
investigation. 21
[(iii) A local authority may not implement a new speed monitoring 22
system to enforce speed limits on any portion of a highway for which the speed limit has 23
been decreased under this paragraph.] 24
Article – Courts and Judicial Proceedings 25
7–302. 26
(e) (4) (i) From the fines collected by a political subdivision as a result of 27
violations enforced by speed monitoring systems or school bus monitoring cameras, a 28
political subdivision: 29
1. May recover the costs of implementing and administering 30
the speed monitoring systems or school bus monitoring cameras; and 31
4 HOUSE BILL 813
2. Subject to subparagraphs (ii), (iii), [and] (iv), AND (VI) of 1
this paragraph, may spend any remaining balance solely for public safety purposes, 2
including pedestrian safety programs. 3
(ii) 1. For any fiscal year, if the balance remaining from the fines 4
collected by a political subdivision as a result of violations enforced by speed monitoring 5
systems, after the costs of implementing and administering the systems are recovered in 6
accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 7
revenues of the political subdivision for the fiscal year, the political subdivision shall remit 8
any funds that exceed 10% of the total revenues to the Comptroller. 9
2. The Comptroller shall deposit any money remitted under 10
this subparagraph to the General Fund of the State. 11
(iii) The fines collected by Prince George’s County as a result of 12
violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted 13
to the Comptroller for distribution to the State Highway Administration to be used solely 14
to assist in covering the costs of: 15
1. Examining the engineering, infrastructure, and other 16
relevant factors that may contribute to safety issues on Maryland Route 210 in Prince 17
George’s County; 18
2. Reporting its findings and recommendations on any 19
solutions to these safety issues; and 20
3. Implementing any solutions to these safety issues. 21
(iv) 1. From the fines collected by Baltimore City as a result of 22
violations enforced by speed monitoring systems on Interstate 83, any balance remaining 23
after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to 24
the Comptroller for distribution to the Baltimore City Department of Transportation to be 25
used solely to assist in covering the cost of roadway improvements on Interstate 83 in 26
Baltimore City. 27
2. Fines remitted to the Baltimore City Department of 28
Transportation under subparagraph (iv)1 of this paragraph are supplemental to and are 29
not intended to take the place of funding that would otherwise be appropriated for uses 30
described under subparagraph (iv)1 of this paragraph. 31
(v) From the fines collected by Anne Arundel County as a result of 32
violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road) 33
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 34
County line, any balance remaining after the allocation of fines under subparagraph (i)1 of 35
this paragraph shall be remitted to the Comptroller for distribution to the State Highway 36
Administration to be used solely to assist in covering the cost of speed reduction measures 37
and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road) 38 HOUSE BILL 813 5
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 1
County line. 2
(VI) 1. FROM THE FINES COLLEC TED BY MONTGOMERY 3
COUNTY AS A RESULT OF VIOLATIONS ENF ORCED BY SPEED MONIT ORING SYSTEMS 4
INSTALLED ON OR AFTE R OCTOBER 1, 2022, ON ANY PORTION OF A HIGHWAY FOR 5
WHICH THE SPEED LIMI T WAS DECREASED UNDE R § 21–803 OF THE 6
TRANSPORTATION ARTICLE, ANY BALANCE REMAININ G AFTER THE ALLOCATI ON OF 7
FINES UNDER SUBPARAG RAPH (I)1 OF THIS PARAGRAPH SH ALL BE USED ONLY TO 8
ENHANCE SAFETY AT LO CATIONS IN MONTGOMERY COUNTY AT WHICH HIGH 9
NUMBERS OF VIOLATION S ARE RECORDED BY SP EED MONITORING SYSTE MS, AS 10
DETERMINED BY THE MONTGOMERY COUNTY DEPARTMENT OF TRANSPORTATION . 11
2. ANY FUNDS USED IN ACCORD ANCE WITH 12
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH MAY BE USED ONLY AT THE 13
LOCATION OF THE SPEE D MONITORING SYSTEM THAT RECORDED THE VI OLATION. 14
ON OR BEFORE DECEMBER 31 EACH YEAR, MONTGOMERY COUNTY SHALL: 15
(I) COMPILE AND MAKE PUBL ICLY AVAILABLE A REPORT F OR 16
THE PREVIOUS FISCAL YEAR ON EACH SCHOOL BUS MONITORING SYSTE M 17
OPERATED BY A LOCAL JURISDICTION UNDER T HIS SECTION; AND 18
(II) SUBMIT THE REPORT TO MONTGOMERY COUNTY PUBLIC 19
SCHOOLS, THE MARYLAND DEPARTMENT OF TRANSPORTATION STATE HIGHWAY 20
ADMINISTRATION , THE MONTGOMERY COUNTY DEPARTMENT OF 21
TRANSPORTATION , THE MONTGOMERY COUNTY VISION ZERO COORDINATOR , AND, 22
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 23
MONTGOMERY COUNTY DELEGATION TO THE GENERAL ASSEMBLY. 24
(2) THE REPORT SHALL INCLUDE : 25
(I) THE NUMBER OF VIOLATI ONS THAT OCCURRED AT EACH 26
SCHOOL BUS STOP IN T HE PREVIOUS FISCAL Y EAR; 27
(II) THE NUMBER OF VIOLATI ONS THAT OCCURRED AT EACH 28
SCHOOL BUS STOP IN E ACH OF THE 5 FISCAL YEARS PRECEDI NG THE PREVIOUS 29
FISCAL YEAR; 30
(III) A BREAKDOWN OF THE VIO LATIONS BY THE DIREC TION IN 31
WHICH EACH VEHICLE I NVOLVED IN A VIOLATI ON WAS TRAVELLING IN RELATION TO 32
THE STOPPED SCHOOL B US; 33
(IV) THE TOTAL AMOUNT OF F INES ISSUED FOR VIOL ATIONS AT 34
EACH SCHOOL BUS STOP IN THE PREVIO US FISCAL YEAR; AND 35 6 HOUSE BILL 813
(V) THE TOTAL AMOUNT OF F INES ISSUED FOR VIOL ATIONS AT 1
EACH SCHOOL BUS STOP IN EACH OF THE 5 FISCAL YEARS PRECEDI NG THE 2
PREVIOUS FISCAL YEAR . 3
SECTION 2. AND BE IT FURTHER ENACTED, That: 4
(a) Montgomery County, in coordination with the Maryland Department of 5
Transportation, shall examine school bus stop violation data to determine the 10 school bus 6
stop locations at which the highest number of citations for passing a stopped school bus are 7
issued and implement operational alternatives for those stops including: 8
(1) ensuring that all public outreach and information about the school bus 9
camera program and citations issued for violations relating to passing a stopped school bus 10
are provided in multiple languages; 11
(2) producing and implementing public hyperlocal education campaigns 12
about school bus stop laws, in coordination with the Maryland Department of 13
Transportation State Highway Administration; 14
(3) improving signage and markings at school bus stops; 15
(4) identifying and implementing strategies that will improve driver 16
expectancy and pedestrian safety; 17
(5) examining alternative penalties for a driver’s first offense for the 18
purpose of not financially penalizing a driver for failure to know the law or the area; 19
(6) relocating school bus stops at which the most violations occur to safer 20
locations, if warranted; and 21
(7) convening regular meetings between the Montgomery County Public 22
Schools, the Montgomery County Police Department, and other stakeholders to examine 23
data trends and explore other plans to reduce violations and improve safety at school bus 24
stops; and 25
(b) On or before December 31, 2022, and 2023, Montgomery County shall report, 26
in accordance with § 2–1257 of the State Government Article, to the Senate Judicial 27
Proceedings Committee, the House Environment and Transportation Committee, and the 28
Montgomery County Delegation to the General Assembly on the findings of the 29
examination that the County has conducted and the actions taken to implement 30
improvements. 31
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
October June 1, 2022. Section 2 of this Act shall remain effective for a period of 2 years and, 33
at the end of May 31, 2024, Section 2 of this Act, with no further action required by the 34
General Assembly, shall be abrogated and of no further force and effect. 35