EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0043*
SENATE BILL 43
R5 2lr0892
(PRE–FILED)
By: Senator Reilly
Requested: October 21, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Anne Arundel County – Speed Monitoring Systems – Maryland Route 648 2
(Baltimore–Annapolis Boulevard) 3
FOR the purpose of authorizing the placement and use of speed monitoring systems on 4
Maryland Route 648 (Baltimore–Annapolis Boulevard) in Anne Arundel County 5
between Hoyle Lane and Cypress Creek Road, subject to certain placement and 6
signage requirements; requiring that the fines collected by Anne Arundel County as 7
a result of violations enforced by certain speed monitoring systems be used to assist 8
in covering the cost of speed reduction measures and roadway and pedestrian safety 9
measures on Maryland Route 648 (Baltimore–Annapolis Boulevard) between Hoyle 10
Lane and Cypress Creek Road; and generally relating to the placement and use of 11
speed monitoring systems in Anne Arundel County. 12
BY repealing and reenacting, with amendments, 13
Article – Courts and Judicial Proceedings 14
Section 7–302(e)(4) 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Transportation 19
Section 21–809(a)(1) and (8), (b)(1)(i), and (c) 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Transportation 24
Section 21–809(b)(1)(vi) and (viii) 25
Annotated Code of Maryland 26
(2020 Replacement Volume and 2021 Supplement) 27 2 SENATE BILL 43
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
7–302. 4
(e) (4) (i) From the fines collected by a political subdivision as a result of 5
violations enforced by speed monitoring systems or school bus monitoring cameras, a 6
political subdivision: 7
1. May recover the costs of implementing and administering 8
the speed monitoring systems or school bus monitoring cameras; and 9
2. Subject to subparagraphs (ii), (iii), and (iv) of this 10
paragraph, may spend any remaining balance solely for public safety purposes, including 11
pedestrian safety programs. 12
(ii) 1. For any fiscal year, if the balance remaining from the fines 13
collected by a political subdivision as a result of violations enforced by speed monitoring 14
systems, after the costs of implementing and administering the systems are recovered in 15
accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 16
revenues of the political subdivision for the fiscal year, the political subdivision shall remit 17
any funds that exceed 10% of the total revenues to the Comptroller. 18
2. The Comptroller shall deposit any money remitted under 19
this subparagraph to the General Fund of the State. 20
(iii) The fines collected by Prince George’s County as a result of 21
violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted 22
to the Comptroller for distribution to the State Highway Administration to be used solely 23
to assist in covering the costs of: 24
1. Examining the engineering, infrastructure, and other 25
relevant factors that may contribute to safety issues on Maryland Route 210 in Prince 26
George’s County; 27
2. Reporting its findings and recommendations on any 28
solutions to these safety issues; and 29
3. Implementing any solutions to these safety issues. 30
(iv) 1. From the fines collected by Baltimore City as a result of 31
violations enforced by speed monitoring systems on Interstate 83, any balance remaining 32
after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to 33
the Comptroller for distribution to the Baltimore City Department of Transportation to be 34 SENATE BILL 43 3
used solely to assist in covering the cost of roadway improvements on Interstate 83 in 1
Baltimore City. 2
2. Fines remitted to the Baltimore City Department of 3
Transportation under subparagraph (iv)1 of this paragraph are supplemental to and are 4
not intended to take the place of funding that would otherwise be appropriated for uses 5
described under subparagraph (iv)1 of this paragraph. 6
(v) From the fines collected by Anne Arundel County as a result of 7
violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road) 8
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 9
County line, any balance remaining after the allocation of fines under subparagraph (i)1 of 10
this paragraph shall be remitted to the Comptroller for distribution to the State Highway 11
Administration to be used solely to assist in covering the cost of speed reduction measures 12
and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road) 13
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 14
County line. 15
(VI) FROM THE FINES COLLEC TED BY ANNE ARUNDEL COUNTY 16
AS A RESULT OF VIOLA TIONS ENFORCED BY SP EED MONITORING SYSTE MS ON 17
MARYLAND ROUTE 648 (BALTIMORE–ANNAPOLIS BOULEVARD) BETWEEN HOYLE 18
LANE AND CYPRESS CREEK ROAD, ANY BALANCE REMAININ G AFTER THE 19
ALLOCATION OF FINES UNDER SUBPARAGRAPH (I)1 OF THIS PARAGRAPH SH ALL BE 20
REMITTED TO THE COMPTROLLER FOR DISTR IBUTION TO THE STATE HIGHWAY 21
ADMINISTRATION TO BE USED SOLELY TO ASSIS T IN COVERING THE CO ST OF SPEED 22
REDUCTION MEASURES A ND ROADWAYS AND P EDESTRIAN SAFETY IMP ROVEMENTS 23
ON MARYLAND ROUTE 648 (BALTIMORE–ANNAPOLIS BOULEVARD) BETWEEN 24
HOYLE LANE AND CYPRESS CREEK ROAD. 25
Article – Transportation 26
21–809. 27
(a) (1) In this section the following words have the meanings indicated. 28
(8) “Speed monitoring system” means a device with one or more motor 29
vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 30
miles per hour above the posted speed limit. 31
(b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 32
under this section unless its use is authorized by the governing body of the local jurisdiction 33
by local law enacted after reasonable notice and a public hearing. 34
(vi) This section applies to a violation of this subtitle recorded by a 35
speed monitoring system that meets the requirements of this subsection and has been 36
placed: 37 4 SENATE BILL 43
1. In Montgomery County or Prince George’s County, on a 1
highway in a residential district, as defined in § 21–101 of this title, with a maximum posted 2
speed limit of 35 miles per hour, which speed limit was established using generally accepted 3
traffic engineering practices; 4
2. In a school zone with a posted speed limit of at least 20 5
miles per hour; 6
3. In Prince George’s County: 7
A. Subject to subparagraph (vii)1 of this paragraph, on 8
Maryland Route 210 (Indian Head Highway); or 9
B. On that part of a highway located within the grounds of 10
an institution of higher education as defined in § 10–101(h) of the Education Article, or 11
within one–half mile of the grounds of a building or property used by the institution of 12
higher education where generally accepted traffic and engineering practices indicate that 13
motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 14
institution of higher education; 15
4. Subject to subparagraph (vii)2 of this paragraph, on 16
Interstate 83 in Baltimore City; [or] 17
5. In Anne Arundel County, on Maryland Route 175 (Jessup 18
Road) between the Maryland Route 175/295 interchange and the An ne Arundel 19
County–Howard County line; OR 20
6. IN ANNE ARUNDEL COUNTY, ON MARYLAND ROUTE 21
648 (BALTIMORE–ANNAPOLIS BOULEVARD) BETWEEN HOYLE LANE AND CYPRESS 22
CREEK ROAD. 23
(viii) Before activating a speed monitoring system, the local 24
jurisdiction shall: 25
1. Publish notice of the location of the speed monitoring 26
system on its website and in a newspaper of general circulation in the jurisdiction; 27
2. Ensure that each sign that designates a school zone is 28
proximate to a sign that: 29
A. Indicates that speed monitoring systems are in use in the 30
school zone; and 31
B. Is in accordance with the manual for and the specifications 32
for a uniform system of traffic control devices adopted by the State Highway Administration 33 SENATE BILL 43 5
under § 25–104 of this article; 1
3. With regard to a speed monitoring system established on 2
Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity 3
to an institution of higher education under subparagraph (vi)3 of this paragraph, on 4
Interstate 83 in Baltimore City, [or] in Anne Arundel County on Maryland Route 175 5
(Jessup Road) between the Maryland Route 175/295 interchange and the Anne Arundel 6
County–Howard County line, OR IN ANNE ARUNDEL COUNTY ON MARYLAND ROUTE 7
648 (BALTIMORE–ANNAPOLIS BOULEVARD) BETWEEN HOYLE LANE AND CYPRESS 8
CREEK ROAD, ensure that all speed limit signs approaching and within the segment of 9
highway on which the speed monitoring system is located include signs that: 10
A. Are in accordance with the manual and specifications for 11
a uniform system of traffic control devices adopted by the State Highway Administration 12
under § 25–104 of this article; and 13
B. Indicate that a speed monitoring system is in use; and 14
4. With regard to a speed monitoring system placed on 15
Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in 16
Baltimore City, [or] in Anne Arundel County on Maryland Route 175 (Jessup Road) 17
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 18
County line, OR IN ANNE ARUNDEL COUNTY ON MARYLAND ROUTE 648 19
(BALTIMORE–ANNAPOLIS BOULEVARD) BETWEEN HOYLE LANE AND CYPRESS 20
CREEK ROAD, ensure that each sign that indicates that a speed monitoring system is in 21
use is proximate to a device that displays a real–time posting of the speed at which a driver 22
is traveling. 23
(c) (1) Unless the driver of the motor vehicle received a citation from a police 24
officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this 25
section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 26
recorded by a speed monitoring system while being operated in violation of this subtitle. 27
(2) A civil penalty under this subsection may not exceed $40. 28
(3) For purposes of this section, the District Court shall prescribe: 29
(i) A uniform citation form consistent with subsection (d)(1) of this 30
section and § 7–302 of the Courts Article; and 31
(ii) A civil penalty, which shall be indicated on the citation, to be paid 32
by persons who choose to prepay the civil penalty without appearing in District Court. 33
SECTION 2. AND BE IT FURTHER ENACTED, That this A ct shall take effect 34
October 1, 2022. It shall remain effective for a period of 5 years and, at the end of September 35
30, 2027, this Act, with no further action required by the General Assembly, shall be 36 6 SENATE BILL 43
abrogated and of no further force and effect. 1