Maryland 2022 Regular Session

Maryland Senate Bill SB43 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0043
6	6
7	7	SENATE BILL 43
8	8	R5 2lr0892
9	9	(PRE–FILED)
10	10	By: Senator Reilly
11	11	Requested: October 21, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Anne Arundel County – Speed Monitoring Systems – Maryland Route 648 2
20	20	(Baltimore–Annapolis Boulevard) 3
21	21
22	22	FOR the purpose of authorizing the placement and use of speed monitoring systems on 4
23	23	Maryland Route 648 (Baltimore–Annapolis Boulevard) in Anne Arundel County 5
24	24	between Hoyle Lane and Cypress Creek Road, subject to certain placement and 6
25	25	signage requirements; requiring that the fines collected by Anne Arundel County as 7
26	26	a result of violations enforced by certain speed monitoring systems be used to assist 8
27	27	in covering the cost of speed reduction measures and roadway and pedestrian safety 9
28	28	measures on Maryland Route 648 (Baltimore–Annapolis Boulevard) between Hoyle 10
29	29	Lane and Cypress Creek Road; and generally relating to the placement and use of 11
30	30	speed monitoring systems in Anne Arundel County. 12
31	31
32	32	BY repealing and reenacting, with amendments, 13
33	33	Article – Courts and Judicial Proceedings 14
34	34	Section 7–302(e)(4) 15
35	35	Annotated Code of Maryland 16
36	36	(2020 Replacement Volume and 2021 Supplement) 17
37	37
38	38	BY repealing and reenacting, without amendments, 18
39	39	Article – Transportation 19
40	40	Section 21–809(a)(1) and (8), (b)(1)(i), and (c) 20
41	41	Annotated Code of Maryland 21
42	42	(2020 Replacement Volume and 2021 Supplement) 22
43	43
44	44	BY repealing and reenacting, with amendments, 23
45	45	Article – Transportation 24
46	46	Section 21–809(b)(1)(vi) and (viii) 25
47	47	Annotated Code of Maryland 26
48	48	(2020 Replacement Volume and 2021 Supplement) 27 2 SENATE BILL 43
49	49
50	50
51	51
52	52	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53	53	That the Laws of Maryland read as follows: 2
54	54
55	55	Article – Courts and Judicial Proceedings 3
56	56
57	57	7–302. 4
58	58
59	59	(e) (4) (i) From the fines collected by a political subdivision as a result of 5
60	60	violations enforced by speed monitoring systems or school bus monitoring cameras, a 6
61	61	political subdivision: 7
62	62
63	63	1. May recover the costs of implementing and administering 8
64	64	the speed monitoring systems or school bus monitoring cameras; and 9
65	65
66	66	2. Subject to subparagraphs (ii), (iii), and (iv) of this 10
67	67	paragraph, may spend any remaining balance solely for public safety purposes, including 11
68	68	pedestrian safety programs. 12
69	69
70	70	(ii) 1. For any fiscal year, if the balance remaining from the fines 13
71	71	collected by a political subdivision as a result of violations enforced by speed monitoring 14
72	72	systems, after the costs of implementing and administering the systems are recovered in 15
73	73	accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 16
74	74	revenues of the political subdivision for the fiscal year, the political subdivision shall remit 17
75	75	any funds that exceed 10% of the total revenues to the Comptroller. 18
76	76
77	77	2. The Comptroller shall deposit any money remitted under 19
78	78	this subparagraph to the General Fund of the State. 20
79	79
80	80	(iii) The fines collected by Prince George’s County as a result of 21
81	81	violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted 22
82	82	to the Comptroller for distribution to the State Highway Administration to be used solely 23
83	83	to assist in covering the costs of: 24
84	84
85	85	1. Examining the engineering, infrastructure, and other 25
86	86	relevant factors that may contribute to safety issues on Maryland Route 210 in Prince 26
87	87	George’s County; 27
88	88
89	89	2. Reporting its findings and recommendations on any 28
90	90	solutions to these safety issues; and 29
91	91
92	92	3. Implementing any solutions to these safety issues. 30
93	93
94	94	(iv) 1. From the fines collected by Baltimore City as a result of 31
95	95	violations enforced by speed monitoring systems on Interstate 83, any balance remaining 32
96	96	after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to 33
97	97	the Comptroller for distribution to the Baltimore City Department of Transportation to be 34 SENATE BILL 43 3
98	98
99	99
100	100	used solely to assist in covering the cost of roadway improvements on Interstate 83 in 1
101	101	Baltimore City. 2
102	102
103	103	2. Fines remitted to the Baltimore City Department of 3
104	104	Transportation under subparagraph (iv)1 of this paragraph are supplemental to and are 4
105	105	not intended to take the place of funding that would otherwise be appropriated for uses 5
106	106	described under subparagraph (iv)1 of this paragraph. 6
107	107
108	108	(v) From the fines collected by Anne Arundel County as a result of 7
109	109	violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road) 8
110	110	between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 9
111	111	County line, any balance remaining after the allocation of fines under subparagraph (i)1 of 10
112	112	this paragraph shall be remitted to the Comptroller for distribution to the State Highway 11
113	113	Administration to be used solely to assist in covering the cost of speed reduction measures 12
114	114	and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road) 13
115	115	between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 14
116	116	County line. 15
117	117
118	118	(VI) FROM THE FINES COLLEC TED BY ANNE ARUNDEL COUNTY 16
119	119	AS A RESULT OF VIOLA TIONS ENFORCED BY SP EED MONITORING SYSTE MS ON 17
120	120	MARYLAND ROUTE 648 (BALTIMORE–ANNAPOLIS BOULEVARD) BETWEEN HOYLE 18
121	121	LANE AND CYPRESS CREEK ROAD, ANY BALANCE REMAININ G AFTER THE 19
122	122	ALLOCATION OF FINES UNDER SUBPARAGRAPH (I)1 OF THIS PARAGRAPH SH ALL BE 20
123	123	REMITTED TO THE COMPTROLLER FOR DISTR IBUTION TO THE STATE HIGHWAY 21
124	124	ADMINISTRATION TO BE USED SOLELY TO ASSIS T IN COVERING THE CO ST OF SPEED 22
125	125	REDUCTION MEASURES A ND ROADWAYS AND P EDESTRIAN SAFETY IMP ROVEMENTS 23
126	126	ON MARYLAND ROUTE 648 (BALTIMORE–ANNAPOLIS BOULEVARD) BETWEEN 24
127	127	HOYLE LANE AND CYPRESS CREEK ROAD. 25
128	128
129	129	Article – Transportation 26
130	130
131	131	21–809. 27
132	132
133	133	(a) (1) In this section the following words have the meanings indicated. 28
134	134
135	135	(8) “Speed monitoring system” means a device with one or more motor 29
136	136	vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 30
137	137	miles per hour above the posted speed limit. 31
138	138
139	139	(b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 32
140	140	under this section unless its use is authorized by the governing body of the local jurisdiction 33
141	141	by local law enacted after reasonable notice and a public hearing. 34
142	142
143	143	(vi) This section applies to a violation of this subtitle recorded by a 35
144	144	speed monitoring system that meets the requirements of this subsection and has been 36
145	145	placed: 37 4 SENATE BILL 43
146	146
147	147
148	148
149	149	1. In Montgomery County or Prince George’s County, on a 1
150	150	highway in a residential district, as defined in § 21–101 of this title, with a maximum posted 2
151	151	speed limit of 35 miles per hour, which speed limit was established using generally accepted 3
152	152	traffic engineering practices; 4
153	153
154	154	2. In a school zone with a posted speed limit of at least 20 5
155	155	miles per hour; 6
156	156
157	157	3. In Prince George’s County: 7
158	158
159	159	A. Subject to subparagraph (vii)1 of this paragraph, on 8
160	160	Maryland Route 210 (Indian Head Highway); or 9
161	161
162	162	B. On that part of a highway located within the grounds of 10
163	163	an institution of higher education as defined in § 10–101(h) of the Education Article, or 11
164	164	within one–half mile of the grounds of a building or property used by the institution of 12
165	165	higher education where generally accepted traffic and engineering practices indicate that 13
166	166	motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 14
167	167	institution of higher education; 15
168	168
169	169	4. Subject to subparagraph (vii)2 of this paragraph, on 16
170	170	Interstate 83 in Baltimore City; [or] 17
171	171
172	172	5. In Anne Arundel County, on Maryland Route 175 (Jessup 18
173	173	Road) between the Maryland Route 175/295 interchange and the An ne Arundel 19
174	174	County–Howard County line; OR 20
175	175
176	176	6. IN ANNE ARUNDEL COUNTY, ON MARYLAND ROUTE 21
177	177	648 (BALTIMORE–ANNAPOLIS BOULEVARD) BETWEEN HOYLE LANE AND CYPRESS 22
178	178	CREEK ROAD. 23
179	179
180	180	(viii) Before activating a speed monitoring system, the local 24
181	181	jurisdiction shall: 25
182	182
183	183	1. Publish notice of the location of the speed monitoring 26
184	184	system on its website and in a newspaper of general circulation in the jurisdiction; 27
185	185
186	186	2. Ensure that each sign that designates a school zone is 28
187	187	proximate to a sign that: 29
188	188
189	189	A. Indicates that speed monitoring systems are in use in the 30
190	190	school zone; and 31
191	191
192	192	B. Is in accordance with the manual for and the specifications 32
193	193	for a uniform system of traffic control devices adopted by the State Highway Administration 33 SENATE BILL 43 5
194	194
195	195
196	196	under § 25–104 of this article; 1
197	197
198	198	3. With regard to a speed monitoring system established on 2
199	199	Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity 3
200	200	to an institution of higher education under subparagraph (vi)3 of this paragraph, on 4
201	201	Interstate 83 in Baltimore City, [or] in Anne Arundel County on Maryland Route 175 5
202	202	(Jessup Road) between the Maryland Route 175/295 interchange and the Anne Arundel 6
203	203	County–Howard County line, OR IN ANNE ARUNDEL COUNTY ON MARYLAND ROUTE 7
204	204	648 (BALTIMORE–ANNAPOLIS BOULEVARD) BETWEEN HOYLE LANE AND CYPRESS 8
205	205	CREEK ROAD, ensure that all speed limit signs approaching and within the segment of 9
206	206	highway on which the speed monitoring system is located include signs that: 10
207	207
208	208	A. Are in accordance with the manual and specifications for 11
209	209	a uniform system of traffic control devices adopted by the State Highway Administration 12
210	210	under § 25–104 of this article; and 13
211	211
212	212	B. Indicate that a speed monitoring system is in use; and 14
213	213
214	214	4. With regard to a speed monitoring system placed on 15
215	215	Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in 16
216	216	Baltimore City, [or] in Anne Arundel County on Maryland Route 175 (Jessup Road) 17
217	217	between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 18
218	218	County line, OR IN ANNE ARUNDEL COUNTY ON MARYLAND ROUTE 648 19
219	219	(BALTIMORE–ANNAPOLIS BOULEVARD) BETWEEN HOYLE LANE AND CYPRESS 20
220	220	CREEK ROAD, ensure that each sign that indicates that a speed monitoring system is in 21
221	221	use is proximate to a device that displays a real–time posting of the speed at which a driver 22
222	222	is traveling. 23
223	223
224	224	(c) (1) Unless the driver of the motor vehicle received a citation from a police 24
225	225	officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this 25
226	226	section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 26
227	227	recorded by a speed monitoring system while being operated in violation of this subtitle. 27
228	228
229	229	(2) A civil penalty under this subsection may not exceed $40. 28
230	230
231	231	(3) For purposes of this section, the District Court shall prescribe: 29
232	232
233	233	(i) A uniform citation form consistent with subsection (d)(1) of this 30
234	234	section and § 7–302 of the Courts Article; and 31
235	235
236	236	(ii) A civil penalty, which shall be indicated on the citation, to be paid 32
237	237	by persons who choose to prepay the civil penalty without appearing in District Court. 33
238	238
239	239	SECTION 2. AND BE IT FURTHER ENACTED, That this A ct shall take effect 34
240	240	October 1, 2022. It shall remain effective for a period of 5 years and, at the end of September 35
241	241	30, 2027, this Act, with no further action required by the General Assembly, shall be 36 6 SENATE BILL 43
242	242
243	243
244	244	abrogated and of no further force and effect. 1
245	245