Maryland 2022 Regular Session

Maryland Senate Bill SB59 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 448
21
3-– 1 –
4-Chapter 448
5-(Senate Bill 59)
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0059*
810
9-Maryland Transportation Authority – Public–Private Partnerships and Options
10-for the Payment of Tolls and Tolls – Civil Penalties
11+SENATE BILL 59
12+R2, R5 (2lr1150)
13+ENROLLED BILL
14+— Budget and Taxation/Environment and Transportation —
15+Introduced by Senator McCray Senators McCray, Corderman, Eckardt, Edwards,
16+Elfreth, Griffith, Guzzone, Hershey, Jackson, King, Rosapepe, Salling,
17+Young, and Zucker
1118
12-FOR the purpose of requiring the Maryland Transportation Authority to issue an invitation
13-for competitive sealed bids for a public–private partnership related to tolling services
14-or a toll facility; requiring the Authority, at least a certain number of days before
15-issuing an invitation for competitive sealed bids related to tolling services or a toll
16-facility, to publish notice of an invitation for competitive sealed bids, and to submit
17-a copy of the invitation to the Legislative Policy Committee; requiring the Authority
18-to provide, to the greatest extent feasible when feasible and practicable, certain users
19-of transportation facilities projects a range of options to pay for certain toll
20-transactions and penalties; requiring the Authority to offer a certain installment
21-plan agreement to certain persons for the payment of certain tolls and penalties;
22-requiring the Authority to offer certain account holders a certain option to be billed
23-for certain toll charges in certain installment amounts under certain circumstances;
24-authorizing the Authority to refer certain unpaid tolls and penalties delinquent
25-accounts to the Central Collection Unit for collection; requiring the Authority to
26-recall certain unpaid video tolls and penalties from the Central Collection Unit under
27-certain circumstances; requiring the Authority to waive certain penalties civil
28-penalties assessed for certain toll violations under certain circumstances; requiring
29-the Authority to reimburse certain civil penalties and notify certain individuals
30-eligible for a certain reimbursement; and generally relating to the Maryland
31-Transportation Authority and the payment of tolls and civil penalties civil penalties
32-for toll violations.
19+Read and Examined by Proofreaders:
3320
34-BY repealing and reenacting, with amendments,
35- Article – State Finance and Procurement
36-Section 3–302
37- Annotated Code of Maryland
38- (2021 Replacement Volume)
21+_______________________________________________
22+Proofreader.
23+_______________________________________________
24+Proofreader.
3925
40-BY adding to
41- Article – State Finance and Procurement
42- Section 10A–202.1
43- Annotated Code of Maryland
44- (2021 Replacement Volume)
26+Sealed with the Great Seal and presented to the Governor, for his approval this
4527
46-BY adding to
47- Article – Transportation
48-Section 4–408
49- Annotated Code of Maryland Ch. 448 2022 LAWS OF MARYLAND
28+_______ day of _______________ at ________________________ o’clock, ________M.
5029
51-– 2 –
52- (2020 Replacement Volume and 2021 Supplement)
30+______________________________________________
31+President.
5332
54-BY repealing and reenacting, without amendments,
55- Article – Transportation
56- Section 21–1414(b)
57- Annotated Code of Maryland
58- (2020 Replacement Volume and 2021 Supplement)
33+CHAPTER ______
5934
60-BY repealing and reenacting, with amendments,
61- Article – Transportation
62-Section 21–1414 21–1414(h)
63- Annotated Code of Maryland
64- (2020 Replacement Volume and 2021 Supplement)
35+AN ACT concerning 1
6536
66- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
67-That the Laws of Maryland read as follows:
37+Maryland Transportation Authority – Public–Private Partnerships and Options 2
38+for the Payment of Tolls and Tolls – Civil Penalties 3
6839
69-Article – State Finance and Procurement
40+FOR the purpose of requiring the Maryland Transportation Authority to issue an invitation 4
41+for competitive sealed bids for a public–private partnership related to tolling services 5
42+or a toll facility; requiring the Authority, at least a certain number of days before 6
43+issuing an invitation for competitive sealed bids related to tolling services or a toll 7
44+facility, to publish notice of an invitation for competitive sealed bids, and to submit 8
45+a copy of the invitation to the Legislative Policy Committee; requiring the Authority 9
46+to provide, to the greatest extent feasible when feasible and practicable, certain users 10
47+of transportation facilities projects a range of options to pay for certain toll 11
48+transactions and penalties; requiring the Authority to offer a certain installment 12
49+plan agreement to certain persons for the payment of certain tolls and penalties; 13 2 SENATE BILL 59
7050
71-3–302.
7251
73- (a) (1) Except as otherwise provided in subsection (b) of this section,
74-paragraph (2)(ii) of this subsection, or in other law, the Central Collection Unit is
75-responsible for the collection of each delinquent account or other debt that is owed to the
76-State or any of its officials or units.
52+requiring the Authority to offer certain account holders a certain option to be billed 1
53+for certain toll charges in certain installment amounts under certain circumstances; 2
54+authorizing the Authority to refer certain unpaid tolls and penalties delinquent 3
55+accounts to the Central Collection Unit for collection; requiring the Authority to 4
56+recall certain unpaid video tolls and penalties from the Central Collection Unit under 5
57+certain circumstances; requiring the Authority to waive certain penalties civil 6
58+penalties assessed for certain toll violations under certain circumstances; requiring 7
59+the Authority to reimburse certain civil penalties and notify certain individuals 8
60+eligible for a certain reimbursement; and generally relating to the Maryland 9
61+Transportation Authority and the payment of tolls and civil penalties civil penalties 10
62+for toll violations. 11
7763
78- (2) (i) Except as provided in subparagraph (ii) of this paragraph, an
79-official or unit of the State government shall refer to the Central Collection Unit each debt
80-for which the Central Collection Unit has collection responsibility under this subsection
81-and may not settle the debt.
64+BY repealing and reenacting, with amendments, 12
65+ Article – State Finance and Procurement 13
66+Section 3–302 14
67+ Annotated Code of Maryland 15
68+ (2021 Replacement Volume) 16
8269
83- (ii) A public institution of higher education may not refer a
84-delinquent student account or debt to the Central Collection Unit unless, in accordance
85-with § 15–119 of the Education Article:
70+BY adding to 17
71+ Article – State Finance and Procurement 18
72+ Section 10A–202.1 19
73+ Annotated Code of Maryland 20
74+ (2021 Replacement Volume) 21
8675
87- 1. the delinquent account or debt has not been settled by the
88-end of the late registration period of the semester after the student account became
89-delinquent; or
76+BY adding to 22
77+ Article – Transportation 23
78+Section 4–408 24
79+ Annotated Code of Maryland 25
80+ (2020 Replacement Volume and 2021 Supplement) 26
9081
91- 2. the student has not entered into or made timely payments
92-to satisfy an installment payment plan.
82+BY repealing and reenacting, without amendments, 27
83+ Article – Transportation 28
84+ Section 21–1414(b) 29
85+ Annotated Code of Maryland 30
86+ (2020 Replacement Volume and 2021 Supplement) 31
9387
94- (3) For the purposes of this subtitle, a community college or board of
95-trustees for a community college established or operating under Title 16 of the Education
96-Article is a unit of the State.
97- LAWRENCE J. HOGAN, JR., Governor Ch. 448
88+BY repealing and reenacting, with amendments, 32
89+ Article – Transportation 33
90+Section 21–1414 21–1414(h) 34
91+ Annotated Code of Maryland 35
92+ (2020 Replacement Volume and 2021 Supplement) 36
9893
99-– 3 –
100- (b) Unless, with the approval of the Secretary, a unit of the State government
101-assigns the claim to the Central Collection Unit, the Central Collection Unit is not
102-responsible for and may not collect:
94+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 37
95+That the Laws of Maryland read as follows: 38
10396
104- (1) any taxes;
97+Article – State Finance and Procurement 39
98+ SENATE BILL 59 3
10599
106- (2) any child support payment that is owed under § 5–308 of the Human
107-Services Article;
108100
109- (3) any unemployment insurance contribution or overpayment;
101+3–302. 1
110102
111- (4) any fine;
103+ (a) (1) Except as otherwise provided in subsection (b) of this section, 2
104+paragraph (2)(ii) of this subsection, or in other law, the Central Collection Unit is 3
105+responsible for the collection of each delinquent account or other debt that is owed to the 4
106+State or any of its officials or units. 5
112107
113- (5) any court costs;
108+ (2) (i) Except as provided in subparagraph (ii) of this paragraph, an 6
109+official or unit of the State government shall refer to the Central Collection Unit each debt 7
110+for which the Central Collection Unit has collection responsibility under this subsection 8
111+and may not settle the debt. 9
114112
115- (6) any forfeiture on bond;
113+ (ii) A public institution of higher education may not refer a 10
114+delinquent student account or debt to the Central Collection Unit unless, in accordance 11
115+with § 15–119 of the Education Article: 12
116116
117- (7) any money that is owed as a result of a default on a loan that the
118-Department of Commerce or the Department of Housing and Community Development has
119-made or insured;
117+ 1. the delinquent account or debt has not been settled by the 13
118+end of the late registration period of the semester after the student account became 14
119+delinquent; or 15
120120
121- (8) any money that is owed under Title 9, Subtitles 2, 3, and 4 and Title 20
122-of the Insurance Article; [or]
121+ 2. the student has not entered into or made timely payments 16
122+to satisfy an installment payment plan. 17
123123
124- (9) any money that is owed for unpaid video tolls and associated civil
125-penalties under § 21–1414 of the Transportation Article under a delinquent account
126-associated with a person residing outside the State; OR
124+ (3) For the purposes of this subtitle, a community college or board of 18
125+trustees for a community college established or operating under Title 16 of the Education 19
126+Article is a unit of the State. 20
127127
128- (10) ANY MONEY THAT IS OW ED UNDER A DELINQUEN T ACCOUNT FOR
129-UNPAID VIDEO TOLLS OR VIDEO TOLLS AND ASSOCIATED CIVIL PENALTIES AND IS
130-RECALLED BY THE MARYLAND TRANSPORTATION AUTHORITY UNDER § 21–1414(H)
131-OF THE TRANSPORTATION ARTICLE.
128+ (b) Unless, with the approval of the Secretary, a unit of the State government 21
129+assigns the claim to the Central Collection Unit, the Central Collection Unit is not 22
130+responsible for and may not collect: 23
132131
133- (c) The Central Collection Unit shall be responsible for the collection of each
134-delinquent account or other debt that is owed to a community college established or
135-operating under Title 16 of the Education Article if the board of trustees for the community
136-college:
132+ (1) any taxes; 24
137133
138- (1) adopts a resolution appointing the Central Collection Unit as the
139-collector of delinquent accounts or other debt; and
134+ (2) any child support payment that is owed under § 5–308 of the Human 25
135+Services Article; 26
140136
141- (2) submits the resolution to the Central Collection Unit.
137+ (3) any unemployment insurance contribution or overpayment; 27
142138
143-10A–202.1.
144- Ch. 448 2022 LAWS OF MARYLAND
139+ (4) any fine; 28
145140
146-– 4 –
147- (A) (1) FOR A PUBLIC –PRIVATE PARTNERSHIP RELATED TO TOLLING
148-SERVICES OR THE CONS TRUCTION, MAINTENANCE , OR OPERATION OF A TO LL
149-FACILITY, THE MARYLAND TRANSPORTATION AUTHORITY SHALL ISSUE AN
150-INVITATION FOR COMPE TITIVE SEALED BIDS .
141+ (5) any court costs; 29
151142
152- (2) EXCEPT AS OTHERWISE PROVIDED IN THIS SEC TION, THE
153-MARYLAND TRANSPORTATION AUTHORITY SHALL ISSUE AN INVITATION FOR
154-COMPETITIVE SEALED B IDS IN ACCORDANCE WI TH § 13–103 OF THIS ARTICLE.
143+ (6) any forfeiture on bond; 30
155144
156- (B) AT LEAST 60 DAYS BEFORE ISSUING AN INVITATION FOR CO MPETITIVE
157-SEALED BIDS RELATED TO TOLLING SERVICES OR TH E CONSTRUCTION ,
158-MAINTENANCE , OR OPERATION OF A TO LL FACILITY , THE MARYLAND
159-TRANSPORTATION AUTHORITY SHALL :
145+ (7) any money that is owed as a result of a default on a loan that the 31
146+Department of Commerce or the Department of Housing and Community Development has 32
147+made or insured; 33 4 SENATE BILL 59
160148
161- (1) PUBLISH NOTICE OF AN INVITATION FOR COMPE TITIVE SEALED
162-BIDS:
163149
164- (I) ON A BID BOARD OR E MARYLAND MARKETPLACE ; OR
165150
166- (II) IN A NEWSPAPER , PERIODICAL, OR TRADE JOURNAL ; AND
151+ (8) any money that is owed under Title 9, Subtitles 2, 3, and 4 and Title 20 1
152+of the Insurance Article; [or] 2
167153
168- (2) SUBMIT A COPY OF THE INVITATION FOR COMPE TITIVE SEALED
169-BIDS TO THE LEGISLATIVE POLICY COMMITTEE OF THE GENERAL ASSEMBLY, IN
170-ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE.
154+ (9) any money that is owed for unpaid video tolls and associated civil 3
155+penalties under § 21–1414 of the Transportation Article under a delinquent account 4
156+associated with a person residing outside the State; OR 5
171157
172-Article – Transportation
158+ (10) ANY MONEY THAT IS OW ED UNDER A DELINQUEN T ACCOUNT FOR 6
159+UNPAID VIDEO TOLLS OR VIDEO TOLLS AND ASSOCIATED CIVIL PENALTIES AND IS 7
160+RECALLED BY THE MARYLAND TRANSPORTATION AUTHORITY UNDER § 21–1414(H) 8
161+OF THE TRANSPORTATION ARTICLE. 9
173162
174-4–408.
163+ (c) The Central Collection Unit shall be responsible for the collection of each 10
164+delinquent account or other debt that is owed to a community college established or 11
165+operating under Title 16 of the Education Article if the board of trustees for the community 12
166+college: 13
175167
176- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
177-INDICATED.
168+ (1) adopts a resolution appointing the Central Collection Unit as the 14
169+collector of delinquent accounts or other debt; and 15
178170
179- (2) “E–ZPASS ACCOUNT” HAS THE MEANING STAT ED IN § 21–1416 OF
180-THIS ARTICLE.
171+ (2) submits the resolution to the Central Collection Unit. 16
181172
182- (3) “TOLL COLLECTION FACIL ITY” HAS THE MEANING STAT ED IN §
183-21–1414 OF THIS ARTICLE.
173+10A–202.1. 17
184174
185- (B) TO THE GREATEST EXTEN T FEASIBLE WHEN FEASIBLE AND
186-PRACTICABLE , THE AUTHORITY SHALL PROVI DE TO E–ZPASS ACCOUNT HOLDERS
187-AND OTHER USERS OF T RANSPORTATION FACILI TIES PROJECTS A RANG E OF
188-OPTIONS TO PAY FOR T OLL TRANSACTIONS AT TOLL COLLECTION FA CILITIES TOLLS LAWRENCE J. HOGAN, JR., Governor Ch. 448
175+ (A) (1) FOR A PUBLIC –PRIVATE PARTNERSHIP RELATED TO TOLLING 18
176+SERVICES OR THE CONS TRUCTION, MAINTENANCE , OR OPERATION OF A TO LL 19
177+FACILITY, THE MARYLAND TRANSPORTATION AUTHORITY SHALL ISSUE AN 20
178+INVITATION FOR COMPE TITIVE SEALED BIDS . 21
189179
190-– 5 –
191-AND ANY ASSOCIATED C IVIL PENALTIES FOR T OLL VIOLATIONS , INCLUDING
192-PAYMENT BY:
180+ (2) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECTION , THE 22
181+MARYLAND TRANSPORTATION AUTHORITY SHALL ISSUE AN INVITATION FOR 23
182+COMPETITIVE SEALED B IDS IN ACCORDANCE WI TH § 13–103 OF THIS ARTICLE. 24
193183
194- (1) CASH;
184+ (B) AT LEAST 60 DAYS BEFORE ISSUING AN INVITATION FOR CO MPETITIVE 25
185+SEALED BIDS RELATED TO TOLLING S ERVICES OR THE CONST RUCTION, 26
186+MAINTENANCE , OR OPERATION OF A TO LL FACILITY , THE MARYLAND 27
187+TRANSPORTATION AUTHORITY SHALL : 28
195188
196- (2) CHECK;
189+ (1) PUBLISH NOTICE OF AN INVITATION FOR COMPE TITIVE SEALED 29
190+BIDS: 30
197191
198- (3) MONEY ORDER ; AND
192+ (I) ON A BID BOARD OR E MARYLAND MARKETPLACE ; OR 31
199193
200- (4) AN ELECTRONIC FUNDS T RANSFER THROUGH THE USE OF:
194+ (II) IN A NEWSPAPER, PERIODICAL, OR TRADE JOURNAL ; AND 32 SENATE BILL 59 5
201195
202- (I) A CREDIT OR DEBIT CARD ;
203196
204- (II) AN AUTOMATED CLEARING HOUSE (ACH) TRANSFER; OR
205197
206- (III) AN ONLINE PAYMENT SYS TEM, INCLUDING A MONEY
207-TRANSFER THROUGH A D IGITAL WALLET PAYMEN T PLATFORM OR OTHER MOBILE
208-PAYMENT SERVICE .
198+ (2) SUBMIT A COPY OF THE INVITATION FOR COMPE TITIVE SEALED 1
199+BIDS TO THE LEGISLATIVE POLICY COMMITTEE OF THE GENERAL ASSEMBLY, IN 2
200+ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 3
209201
210-211414.
202+Article Transportation 4
211203
212- (a) (1) In this section the following words have the meanings indicated.
204+4–408. 5
213205
214- (2) “Authority” means the Maryland Transportation Authority.
206+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
207+INDICATED. 7
215208
216- (3) “Electronic toll collectionmeans a system in a toll collection facility
217-that is capable of collecting information from a motor vehicle for use in charging tolls.
209+ (2) “E–ZPASS ACCOUNTHAS THE MEANING STAT ED IN § 21–1416 OF 8
210+THIS ARTICLE. 9
218211
219- (4) “Notice of toll dueor “notice” means an administrative notice of a video
220-toll transaction.
212+ (3) “TOLL COLLECTION FACIL ITYHAS THE MEANING STAT ED IN § 10
213+21–1414 OF THIS ARTICLE. 11
221214
222- (5) “Person alleged to be liable” means:
215+ (B) TO THE GREATEST EXTEN T FEASIBLE WHEN FEASIBLE AND 12
216+PRACTICABLE , THE AUTHORITY SHALL PROVI DE TO E–ZPASS ACCOUNT HOLDERS 13
217+AND OTHER USERS OF T RANSPORTATION FACILI TIES PROJECTS A RANG E OF 14
218+OPTIONS TO PAY FOR T OLL TRANSACTIONS AT TOLL COLLECTION FA CILITIES TOLLS 15
219+AND ANY ASSOCIATED C IVIL PENALTIES FOR T OLL VIOLATIONS , INCLUDING 16
220+PAYMENT BY: 17
223221
224- (i) The registered owner of a motor vehicle involved in a video toll
225-transaction; or
222+ (1) CASH; 18
226223
227- (ii) A person to whom a registered owner of a motor vehicle has
228-transferred liability for a video toll transaction in accordance with this section and the
229-regulations of the Authority.
224+ (2) CHECK; 19
230225
231- (6) “Recorded image” means an image of a motor vehicle passing through a
232-toll collection facility recorded by a video monitoring system:
226+ (3) MONEY ORDER ; AND 20
233227
234- (i) On:
235- Ch. 448 2022 LAWS OF MARYLAND
228+ (4) AN ELECTRONIC FUNDS T RANSFER THROUGH THE USE OF: 21
236229
237-– 6 –
238- 1. One or more photographs, micrographs, or electronic
239-images;
230+ (I) A CREDIT OR DEBIT CARD ; 22
240231
241- 2. Videotape; or
232+ (II) AN AUTOMATED CLEARING HOUSE (ACH) TRANSFER; OR 23
242233
243- 3. Any other medium; and
234+ (III) AN ONLINE PAYMENT SYS TEM, INCLUDING A MONEY 24
235+TRANSFER THROUGH A D IGITAL WALLET PAYMEN T PLATFORM OR OTHER MOBILE 25
236+PAYMENT SERVICE . 26
244237
245- (ii) Showing either the front or rear of the motor vehicle on at least
246-one image or portion of tape and clearly identifying the license plate number and state of
247-the motor vehicle.
238+21–1414. 27
248239
249- (7) “Registered owner” means, with respect to a motor vehicle, the person
250-or persons designated as the registered owner in the records of the government agency that
251-is responsible for motor vehicle registration.
240+ (a) (1) In this section the following words have the meanings indicated. 28
241+ 6 SENATE BILL 59
252242
253- (8) “Toll collection facility” means any point on an Authority highway
254-where a toll is incurred and is required to be paid.
255243
256- (9) “Toll violation” means the failure to pay a video toll within the time
257-prescribed by the Authority in a notice of toll due.
244+ (2) “Authority” means the Maryland Transportation Authority. 1
258245
259- (10) “Video monitoring system” means a device installed to work in
260-conjunction with a toll collection facility that produces a recorded image when a video toll
261-transaction occurs.
246+ (3) “Electronic toll collection” means a system in a toll collection facility 2
247+that is capable of collecting information from a motor vehicle for use in charging tolls. 3
262248
263- (11) “Video toll” means the amount assessed by the Authority when a video
264-toll transaction occurs.
249+ (4) “Notice of toll due” or “notice” means an administrative notice of a video 4
250+toll transaction. 5
265251
266- (12) “Video toll transaction” means any transaction in which a motor vehicle
267-does not or did not pay a toll at the time of passage through a toll collection facility with a
268-video monitoring system.
252+ (5) “Person alleged to be liable” means: 6
269253
270-Article – Transportation
254+ (i) The registered owner of a motor vehicle involved in a video toll 7
255+transaction; or 8
271256
272-21–1414.
257+ (ii) A person to whom a registered owner of a motor vehicle has 9
258+transferred liability for a video toll transaction in accordance with this section and the 10
259+regulations of the Authority. 11
273260
274- (b) (1) Except as provided in subsection (g) of this section, the registered owner
275-of a motor vehicle shall be liable to the Authority for payment of a video toll as provided for
276-in the regulations of the Authority.
261+ (6) “Recorded image” means an image of a motor vehicle passing through a 12
262+toll collection facility recorded by a video monitoring system: 13
277263
278- (2) The Authority shall send the registered owner of a motor vehicle that
279-has incurred a video toll a notice of toll due.
264+ (i) On: 14
280265
281- (3) Except as provided in subsection (g) of this section, the person alleged
282-to be liable who receives a notice of toll due shall have at least 30 days to pay the video toll.
283- LAWRENCE J. HOGAN, JR., Governor Ch. 448
266+ 1. One or more photographs, micrographs, or electronic 15
267+images; 16
284268
285-– 7 –
286- (c) (1) Failure of the person alleged to be liable to pay the video toll under a
287-notice of toll due by the date stated on the notice shall constitute a toll violation subject to
288-a civil citation and a civil penalty, which shall be assessed 15 days after the toll violation
289-occurs, as provided for in the regulations of the Authority.
269+ 2. Videotape; or 17
290270
291- (2) A registered owner of a motor vehicle shall not be liable for a civil
292-penalty imposed under this section if the operator of the motor vehicle has been convicted
293-of failure or refusal to pay a toll under § 21–1413 of this subtitle for the same violation.
271+ 3. Any other medium; and 18
294272
295- (d) (1) The Authority or its duly authorized agent shall send a citation via
296-first–class mail, no later than 60 days after the toll violation, to the person alleged to be
297-liable under this section.
273+ (ii) Showing either the front or rear of the motor vehicle on at least 19
274+one image or portion of tape and clearly identifying the license plate number and state of 20
275+the motor vehicle. 21
298276
299- (2) Personal service of the citation on the person alleged to be liable shall
300-not be required, and a record of mailing kept in the ordinary course of business shall be
301-admissible evidence of the mailing of the notice of toll due and citation.
277+ (7) “Registered owner” means, with respect to a motor vehicle, the person 22
278+or persons designated as the registered owner in the records of the government agency that 23
279+is responsible for motor vehicle registration. 24
302280
303- (3) A citation shall contain:
281+ (8) “Toll collection facility” means any point on an Authority highway 25
282+where a toll is incurred and is required to be paid. 26
304283
305- (i) The name and address of the person alleged to be liable under
306-this section;
284+ (9) “Toll violation” means the failure to pay a video toll within the time 27
285+prescribed by the Authority in a notice of toll due. 28
307286
308- (ii) The license plate number and state of registration of the motor
309-vehicle involved in the video toll transaction;
287+ (10) “Video monitoring system” means a device installed to work in 29
288+conjunction with a toll collection facility that produces a recorded image when a video toll 30
289+transaction occurs. 31
290+ SENATE BILL 59 7
310291
311- (iii) The location where the video toll transaction took place;
312292
313- (iv) The date and time of the video toll transaction;
293+ (11) “Video toll” means the amount assessed by the Authority when a video 1
294+toll transaction occurs. 2
314295
315- (v) The amount of the video toll and the date it was due as stated on
316-the notice of toll due;
296+ (12) “Video toll transaction” means any transaction in which a motor vehicle 3
297+does not or did not pay a toll at the time of passage through a toll collection facility with a 4
298+video monitoring system. 5
317299
318- (vi) A copy of the recorded image;
300+Article – Transportation 6
319301
320- (vii) A statement that the video toll was not paid before the civil
321-penalty was assessed;
302+21–1414. 7
322303
323- (viii) The amount of the civil penalty; and
304+ (b) (1) Except as provided in subsection (g) of this section, the registered owner 8
305+of a motor vehicle shall be liable to the Authority for payment of a video toll as provided for 9
306+in the regulations of the Authority. 10
324307
325- (ix) The date by which the video toll and civil penalty must be paid.
308+ (2) The Authority shall send the registered owner of a motor vehicle that 11
309+has incurred a video toll a notice of toll due. 12
326310
327- (4) A citation shall also include:
311+ (3) Except as provided in subsection (g) of this section, the person alleged 13
312+to be liable who receives a notice of toll due shall have at least 30 days to pay the video toll. 14
328313
329- (i) Information advising the person alleged to be liable under this
330-section of the manner and the time in which liability alleged in the citation may be
331-contested; Ch. 448 2022 LAWS OF MARYLAND
314+ (c) (1) Failure of the person alleged to be liable to pay the video toll under a 15
315+notice of toll due by the date stated on the notice shall constitute a toll violation subject to 16
316+a civil citation and a civil penalty, which shall be assessed 15 days after the toll violation 17
317+occurs, as provided for in the regulations of the Authority. 18
332318
333-– 8 –
319+ (2) A registered owner of a motor vehicle shall not be liable for a civil 19
320+penalty imposed under this section if the operator of the motor vehicle has been convicted 20
321+of failure or refusal to pay a toll under § 21–1413 of this subtitle for the same violation. 21
334322
335- (ii) The statutory defenses described in subsection (g) of this section
336-that were originally included in the notice of toll due; and
323+ (d) (1) The Authority or its duly authorized agent shall send a citation via 22
324+first–class mail, no later than 60 days after the toll violation, to the person alleged to be 23
325+liable under this section. 24
337326
338- (iii) A warning that failure to pay the video toll and civil penalty, to
339-contest liability in the manner and time prescribed, or to appear at a trial requested is an
340-admission of liability and a waiver of available defenses, and may result in the refusal or
341-suspension of the motor vehicle registration and referral for collection.
327+ (2) Personal service of the citation on the person alleged to be liable shall 25
328+not be required, and a record of mailing kept in the ordinary course of business shall be 26
329+admissible evidence of the mailing of the notice of toll due and citation. 27
342330
343- (5) A person alleged to be liable receiving the citation for a toll violation
344-under this section may:
331+ (3) A citation shall contain: 28
345332
346- (i) Pay the video toll and the civil penalty directly to the Authority;
347-or
333+ (i) The name and address of the person alleged to be liable under 29
334+this section; 30
348335
349- (ii) Elect to stand trial for the alleged violation.
336+ (ii) The license plate number and state of registration of the motor 31
337+vehicle involved in the video toll transaction; 32
350338
351- (6) (i) If the person alleged to be liable under this section fails to elect
352-to stand trial or to pay the prescribed video toll and civil penalty within 30 days after
353-mailing of the citation, or is adjudicated to be liable after trial, or fails to appear at trial
354-after having elected to stand trial, the Authority or its duly authorized agent may:
339+ (iii) The location where the video toll transaction took place; 33 8 SENATE BILL 59
355340
356- 1. Collect the video toll and the civil penalty by any means of
357-collection as provided by law; and
358341
359- 2. Notify the Administration of the failure to pay the video
360-toll and civil penalty in accordance with subsection (i) of this section.
361342
362- (ii) No additional hearing or proceeding is required before the
363-Administration takes action with respect to the motor vehicle of the registered owner under
364-subsection (i) of this section.
343+ (iv) The date and time of the video toll transaction; 1
365344
366- (e) (1) A certificate alleging that a toll violation occurred and that the video
367-toll payment was not received before the civil penalty was assessed, sworn to or affirmed
368-by a duly authorized agent of the Authority, based upon inspection of a recorded image and
369-electronic toll collection records produced by an electronic toll collection video monitoring
370-system shall be evidence of the facts contained therein and shall be admissible in any
371-proceeding alleging a violation under this section without the presence or testimony of the
372-duly authorized agent who performed the requirements under this section.
345+ (v) The amount of the video toll and the date it was due as stated on 2
346+the notice of toll due; 3
373347
374- (2) The citation, including the certificate, shall constitute prima facie
375-evidence of liability for the toll violation and civil penalty.
348+ (vi) A copy of the recorded image; 4
376349
377- (f) Adjudication of liability under this section:
350+ (vii) A statement that the video toll was not paid before the civil 5
351+penalty was assessed; 6
378352
379- (1) Shall be based upon a preponderance of evidence; LAWRENCE J. HOGAN, JR., Governor Ch. 448
353+ (viii) The amount of the civil penalty; and 7
380354
381-– 9 –
355+ (ix) The date by which the video toll and civil penalty must be paid. 8
382356
383- (2) May not be deemed a conviction of a registered owner of a motor vehicle
384-under the Motor Vehicle Code;
357+ (4) A citation shall also include: 9
385358
386- (3) May not be made part of the registered owner’s motor vehicle operating
387-record; and
359+ (i) Information advising the person alleged to be liable under this 10
360+section of the manner and the time in which liability alleged in the citation may be 11
361+contested; 12
388362
389- (4) May not be considered in the provision of motor vehicle insurance
390-coverage.
363+ (ii) The statutory defenses described in subsection (g) of this section 13
364+that were originally included in the notice of toll due; and 14
391365
392- (g) (1) If, at the time of a video toll transaction, a motor vehicle is operated by
393-a person other than the registered owner without the express or implied consent of the
394-registered owner, and if the registered owner by the date stated on the notice of toll due
395-provides the Authority or its duly authorized agent with a notarized admission by the
396-person accepting liability which shall include that person’s name, address, and driver’s
397-license identification number, then the person accepting liability shall be liable under this
398-section and shall be sent a notice of toll due.
366+ (iii) A warning that failure to pay the video toll and civil penalty, to 15
367+contest liability in the manner and time prescribed, or to appear at a trial requested is an 16
368+admission of liability and a waiver of available defenses, and may result in the refusal or 17
369+suspension of the motor vehicle registration and referral for collection. 18
399370
400- (2) If the registered owner is a lessor of motor vehicles, and at the time of
401-the video toll transaction the motor vehicle involved was in the possession of a lessee, and
402-the lessor by the date stated on the notice of toll due provides the Authority or its duly
403-authorized agent with a copy of the lease agreement or other documentation acceptable to
404-the Authority identifying the lessee, including the person’s name, address, and driver’s
405-license identification number or federal employer identification number, then the lessee
406-shall be liable under this section and shall be sent a notice of toll due.
371+ (5) A person alleged to be liable receiving the citation for a toll violation 19
372+under this section may: 20
407373
408- (3) If the motor vehicle involved in a video toll transaction is operated using
409-a dealer or transporter registration plate, and at the time of the video toll transaction the
410-motor vehicle was under the custody and control of a person other than the owner of the
411-dealer or transporter registration plate, and if the owner of the dealer or transporter
412-registration plate by the date stated on the notice of toll due provides to the Authority or
413-its duly authorized agent a copy of the contractual agreement or other documentation
414-acceptable to the Authority identifying the person, including the person’s name, address,
415-and driver’s license identification number, who had custody and control over the motor
416-vehicle at the time of the video toll transaction, then that person and not the owner of the
417-dealer or transporter registration plate shall be liable under this section and shall be sent
418-a notice of toll due.
374+ (i) Pay the video toll and the civil penalty directly to the Authority; 21
375+or 22
419376
420- (4) If a motor vehicle or registration plate number is reported to a law
421-enforcement agency as stolen at the time of the video toll transaction, and the registered
422-owner by the date stated on the notice of toll due provides to the Authority or its duly
423-authorized agent a copy of the police report substantiating that the motor vehicle was stolen
424-at the time of the video toll transaction, then the registered owner of the motor vehicle is
425-not liable under this section.
377+ (ii) Elect to stand trial for the alleged violation. 23
426378
427- (h) (1) THE AUTHORITY MAY REFER : Ch. 448 2022 LAWS OF MARYLAND
379+ (6) (i) If the person alleged to be liable under this section fails to elect 24
380+to stand trial or to pay the prescribed video toll and civil penalty within 30 days after 25
381+mailing of the citation, or is adjudicated to be liable after trial, or fails to appear at trial 26
382+after having elected to stand trial, the Authority or its duly authorized agent may: 27
428383
429-– 10 –
384+ 1. Collect the video toll and the civil penalty by any means of 28
385+collection as provided by law; and 29
430386
431- (I) REFER A DELINQUENT ACCOUNT FOR UNPAID VIDEO TOLLS
432-AND ASSOCIATED CIVIL PENALTIES TO THE CENTRAL COLLECTION UNIT FOR
433-COLLECTION; AND
387+ 2. Notify the Administration of the failure to pay the video 30
388+toll and civil penalty in accordance with subsection (i) of this section. 31 SENATE BILL 59 9
434389
435- (II) RECALL A DELINQUENT A CCOUNT FROM THE CENTRAL
436-COLLECTION UNIT.
437390
438- (2) THE AUTHORITY SHALL RECAL L A DELINQUENT ACCOU NT FROM
439-THE CENTRAL COLLECTION UNIT IF:
440391
441- (I) THE DELINQUENT ACCOUN T EXCEEDS $300 IN UNPAID
442-VIDEO TOLLS AND ASSO CIATED CIVIL PENALTI ES; AND
392+ (ii) No additional hearing or proceeding is required before the 1
393+Administration takes action with respect to the motor vehicle of the registered owner under 2
394+subsection (i) of this section. 3
443395
444- (II) THE PERSON ASSOCIATED WITH THE DELINQUENT
445-ACCOUNT AGREES TO PA Y THE UNPAID VIDEO T OLLS AND ASSOCIATED CIVIL
446-PENALTIES DIRECTLY TO THE AUTHORITY UNDER AN INSTALLMENT PLAN
447-AGREEMENT OFFERED BY THE AUTHORITY UNDER SUBSE CTION (J) OF THIS
448-SECTION.
396+ (e) (1) A certificate alleging that a toll violation occurred and that the video 4
397+toll payment was not received before the civil penalty was assessed, sworn to or affirmed 5
398+by a duly authorized agent of the Authority, based upon inspection of a recorded image and 6
399+electronic toll collection records produced by an electronic toll collection video monitoring 7
400+system shall be evidence of the facts contained therein and shall be admissible in any 8
401+proceeding alleging a violation under this section without the presence or testimony of the 9
402+duly authorized agent who performed the requirements under this section. 10
449403
450- (3) Notwithstanding any other provision of law, until the Authority refers
451-the debt to the Central Collection Unit OR AFTER THE AUTHORITY HAS RECALLE D A
452-DELINQUENT ACCOUNT F ROM THE CENTRAL COLLECTION UNIT, the Authority
453-[may]:
404+ (2) The citation, including the certificate, shall constitute prima facie 11
405+evidence of liability for the toll violation and civil penalty. 12
454406
455- (I) (1) MAY waive any portion of the video toll due or civil penalty
456-assessed under this section; AND
407+ (f) Adjudication of liability under this section: 13
457408
458- (II) SHALL WAIVE ANY CIVIL PENALTY ASSESSED UND ER THIS
459-SECTION IF:
409+ (1) Shall be based upon a preponderance of evidence; 14
460410
461- 1. THE NOTICE OF TOLL DU E FOR THE VIDEO TOLL IN
462-QUESTION WAS SENT TO THE PERSON ALLEGED T O BE LIABLE MORE THA N 60 DAYS
463-AFTER THE VIDEO TOLL TRANSACTION ; AND
411+ (2) May not be deemed a conviction of a registered owner of a motor vehicle 15
412+under the Motor Vehicle Code; 16
464413
465- 2. THE AUTHORITY IS RESPONSI BLE FOR THE DELAY IN
466-THE TIMELY PROCESSIN G OF THE VIDEO TOLL TRANSACTION DUE TO
467-COVID–19–RELATED OR OTHER FAC TORS.
414+ (3) May not be made part of the registered owner’s motor vehicle operating 17
415+record; and 18
468416
469- (II) (2) SHALL WAIVE:
417+ (4) May not be considered in the provision of motor vehicle insurance 19
418+coverage. 20
470419
471- (I) WAIVE THE CIVIL PENALTY AS SOCIATED WITH A VIDE O
472-TOLL ON PAYMENT OF T HE VIDEO TOLL IN ACC ORDANCE WITH THE AUTHORITY’S LAWRENCE J. HOGAN, JR., Governor Ch. 448
420+ (g) (1) If, at the time of a video toll transaction, a motor vehicle is operated by 21
421+a person other than the registered owner without the express or implied consent of the 22
422+registered owner, and if the registered owner by the date stated on the notice of toll due 23
423+provides the Authority or its duly authorized agent with a notarized admission by the 24
424+person accepting liability which shall include that person’s name, address, and driver’s 25
425+license identification number, then the person accepting liability shall be liable under this 26
426+section and shall be sent a notice of toll due. 27
473427
474-– 11 –
475-CUSTOMER ASSISTANCE PLAN AS APPROVED BY THE AUTHORITY ON FEBRUARY 24,
476-2022; AND
428+ (2) If the registered owner is a lessor of motor vehicles, and at the time of 28
429+the video toll transaction the motor vehicle involved was in the possession of a lessee, and 29
430+the lessor by the date stated on the notice of toll due provides the Authority or its duly 30
431+authorized agent with a copy of the lease agreement or other documentation acceptable to 31
432+the Authority identifying the lessee, including the person’s name, address, and driver’s 32
433+license identification number or federal employer identification number, then the lessee 33
434+shall be liable under this section and shall be sent a notice of toll due. 34
477435
478- (II) REIMBURSE ANY CIVIL PENALTY PA ID IN ERROR UNDER TH E
479-PLAN.
436+ (3) If the motor vehicle involved in a video toll transaction is operated using 35
437+a dealer or transporter registration plate, and at the time of the video toll transaction the 36 10 SENATE BILL 59
480438
481- (i) (1) The Administration shall refuse or suspend the registration of a motor
482-vehicle that incurs a toll violation under this section if:
483439
484- (i) The Maryland Transportation Authority notifies the
485-Administration that a registered owner of the motor vehicle has been served with a citation
486-in accordance with this section and has failed to:
440+motor vehicle was under the custody and control of a person other than the owner of the 1
441+dealer or transporter registration plate, and if the owner of the dealer or transporter 2
442+registration plate by the date stated on the notice of toll due provides to the Authority or 3
443+its duly authorized agent a copy of the contractual agreement or other documentation 4
444+acceptable to the Authority identifying the person, including the person’s name, address, 5
445+and driver’s license identification number, who had custody and control over the motor 6
446+vehicle at the time of the video toll transaction, then that person and not the owner of the 7
447+dealer or transporter registration plate shall be liable under this section and shall be sent 8
448+a notice of toll due. 9
487449
488- 1. Pay the video toll and the civil penalty for the toll violation
489-by the date specified in the citation; and
450+ (4) If a motor vehicle or registration plate number is reported to a law 10
451+enforcement agency as stolen at the time of the video toll transaction, and the registered 11
452+owner by the date stated on the notice of toll due provides to the Authority or its duly 12
453+authorized agent a copy of the police report substantiating that the motor vehicle was stolen 13
454+at the time of the video toll transaction, then the registered owner of the motor vehicle is 14
455+not liable under this section. 15
490456
491- 2. Contest liability for the toll violation by the date identified
492-and in the manner specified in the citation; or
457+ (h) (1) THE AUTHORITY MAY REFER : 16
493458
494- (ii) The Maryland Transportation Authority or the District Court
495-notifies the Administration that a person who elected to contest liability for a toll violation
496-under this section has failed to:
459+ (I) REFER A DELINQUENT ACCOUNT FOR UNPAID VIDEO TOLLS 17
460+AND ASSOCIATED CIVIL PENALTIES TO THE CENTRAL COLLECTION UNIT FOR 18
461+COLLECTION; AND 19
497462
498- 1. Appear for trial or has been determined to be guilty of the
499-toll violation; and
463+ (II) RECALL A DELINQUENT A CCOUNT FROM THE CENTRAL 20
464+COLLECTION UNIT. 21
500465
501- 2. Pay the video toll and civil penalty.
466+ (2) THE AUTHORITY SHALL RECAL L A DELINQUENT ACCOU NT FROM 22
467+THE CENTRAL COLLECTION UNIT IF: 23
502468
503- (2) In conjunction with the Maryland Transportation Authority, the
504-Administration may adopt regulations and develop procedures to carry out the refusal or
505-suspension of a registration under this subsection.
469+ (I) THE DELINQUENT ACCOUN T EXCEEDS $300 IN UNPAID 24
470+VIDEO TOLLS AND ASSOCIATED CIVIL PENALTIES; AND 25
506471
507- (3) The procedures in this subsection are in addition to any other penalty
508-provided by law for a toll violation under this section.
472+ (II) THE PERSON ASSOCIATED WITH THE DELINQUENT 26
473+ACCOUNT AGREES TO PA Y THE UNPAID VIDEO T OLLS AND ASSOCIATED CIVIL 27
474+PENALTIES DIRECTLY TO THE AUTHORITY UNDER AN INSTALLMENT PLAN 28
475+AGREEMENT OFFERED BY THE AUTHORITY UNDER SUBSECTION (J) OF THIS 29
476+SECTION. 30
509477
510- (4) This subsection may be applied to enforce a reciprocal agreement
511-entered into by the State and another jurisdiction in accordance with § 21–1415 of this
512-subtitle.
478+ (3) Notwithstanding any other provision of law, until the Authority refers 31
479+the debt to the Central Collection Unit OR AFTER THE AUTHORITY HAS RECALLE D A 32
480+DELINQUENT ACCOUNT F ROM THE CENTRAL COLLECTION UNIT, the Authority 33
481+[may]: 34
513482
514- (J) (1) (I) 1. THE AUTHORITY SHALL OFFER AN INSTALLMENT
515-PLAN AGREEMENT TO A PERSON ALLEGED TO BE LIABLE UNDER THIS SE CTION FOR
516-PAYMENT OF UNPAID VI DEO TOLLS AND ANY AS SOCIATED CIVIL PENAL TIES THAT
517-TOTAL AT LEAST $300.
483+ (I) (1) MAY waive any portion of the video toll due or civil penalty 35
484+assessed under this section; AND 36 SENATE BILL 59 11
518485
519- 2. THE AUTHORITY MAY NOT OFF ER MORE THAN ONE
520-INSTALLMENT PLAN AGR EEMENT TO A PERSON A LLEGED TO BE LIABLE UNDE R THIS Ch. 448 2022 LAWS OF MARYLAND
521486
522-– 12 –
523-SECTION FOR PAYMENT OF THE SAME UNPAID V IDEO TOLLS AND ASSOC IATED CIVIL
524-PENALTIES.
525487
526- (II) AN INSTALLMENT PLAN A GREEMENT UNDER THIS
527-PARAGRAPH SHALL REQU IRE THE PERSON ALLEG ED TO BE LIABLE TO M AKE
528-MONTHLY INSTALLMENT PAYMENTS OF 10% PER MONTH ON UNTIL THE TOTAL
529-AMOUNT OF THE UNPAID VIDEO TOLLS AND ANY ASSOCIATED CIVIL PEN ALTIES
530-OWED BY THE PERSON ARE PAID.
488+ (II) SHALL WAIVE ANY CIVIL PENALTY ASSESSED UND ER THIS 1
489+SECTION IF: 2
531490
532- (III) THE AUTHORITY MAY CHARGE AN ADMINISTRATIVE FE E
533-FOR AN INSTALLMENT P LAN AGREEMENT ON THE TOTAL AMOUNT OWED , NOT TO
534-EXCEED THE FEE AUTHO RIZED BY THE CENTRAL COLLECTION UNIT FOR AN
535-INSTALLMENT PLAN AGR EEMENT.
491+ 1. THE NOTICE OF TOLL DU E FOR THE VIDEO TOLL IN 3
492+QUESTION WAS SENT TO THE PERS ON ALLEGED TO BE LIA BLE MORE THAN 60 DAYS 4
493+AFTER THE VIDEO TOLL TRANSACTION ; AND 5
536494
537- (III) (IV) IF A PERSON FAILS TO PAY VIDEO TOLLS AND CIVIL
538-PENALTIES OWED IN AC CORDANCE WITH AN COMPLY WITH THE TERM S AND
539-CONDITIONS OF THE INSTALLMENT PLAN AGR EEMENT, THE AUTHORITY MAY
540-CANCEL THE AGREEMENT AND REFER THE UNPAID TOL LS AND PENALTIES AMOUNT
541-DUE TO THE CENTRAL COLLECTION UNIT FOR COLLECTION .
495+ 2. THE AUTHORITY IS RESPONSI BLE FOR THE DELAY IN 6
496+THE TIMELY PROCESSIN G OF THE VIDEO TOLL TRANSACTION DUE TO 7
497+COVID–19–RELATED OR OTHER FAC TORS. 8
542498
543- (V) IF A PERSON DEFAULTS ON AN INSTALLMENT PL AN
544-AGREEMENT , THE AUTHORITY MAY NOTIFY THE ADMINISTRATION THAT A
545-REGISTERED OWNER OF A MOTOR VEHICLE HAS FAILED TO PAY THE AM OUNT DUE
546-UNDER AN INSTALLMENT PLAN AGREEMENT AND T HE ADMINISTRATION SHALL
547-REFUSE OR SUSPEND TH E REGISTRATION OF TH E MOTOR VEHICLE .
499+ (II) (2) SHALL WAIVE: 9
548500
549- (2) (I) 1. IN THIS PARAGRAPH THE FOLLOWING WORDS HAVE
550-THE MEANINGS INDICAT ED.
501+ (I) WAIVE THE CIVIL PENALTY AS SOCIATED WITH A VIDE O 10
502+TOLL ON PAYMENT OF T HE VIDEO TOLL IN ACC ORDANCE WITH THE AUTHORITY’S 11
503+CUSTOMER ASSISTANCE PLAN AS APPROVED BY THE AUTHORITY ON FEBRUARY 24, 12
504+2022; AND 13
551505
552- 2. “BACKLOG TOLL CHARGE ” MEANS A TOLL FOR
553-PASSAGE OF A MOTOR V EHICLE THROUGH A TOL L COLLECTION FACILIT Y THAT IS
554-PROCESSED AND BILLED TO AN E–ZPASS ACCOUNT OR A PAY–BY–PLATE ACCOUNT
555-HOLDER MORE THAN 60 DAYS AFTER THE TOLL TRANSACTION OCCURRED DUE T O
556-COVID–19–RELATED OR OTHER FAC TORS FOR WHICH THE AUTHORITY IS
557-RESPONSIBLE .
506+ (II) REIMBURSE ANY CIVIL PENALTY PAID IN ERRO R UNDER THE 14
507+PLAN. 15
558508
559- 3. “E–ZPASS ACCOUNT” HAS THE MEANING STAT ED IN §
560-21–1416 OF THIS SUBTITLE.
509+ (i) (1) The Administration shall refuse or suspend the registration of a motor 16
510+vehicle that incurs a toll violation under this section if: 17
561511
562- 4. “PAY–BY–PLATE ACCOUNT ” MEANS AN
563-ARRANGEMENT IN WHICH A TOLL INCURRED FOR PASSAGE OF A MOTOR V EHICLE
564-THROUGH A TOLL COLLE CTION FACILITY BY EL ECTRONIC TOLL COLLEC TION
565-THROUGH THE USE OF A VIDEO MONITORING SYS TEM IS BILLED TO A C REDIT CARD LAWRENCE J. HOGAN, JR., Governor Ch. 448
512+ (i) The Maryland Transportation Authority notifies the 18
513+Administration that a registered owner of the motor vehicle has been served with a citation 19
514+in accordance with this section and has failed to: 20
566515
567-– 13 –
568-OF A PERSON LINKED T O THE REGISTERED LIC ENSE PLATE OF THE MO TOR VEHICLE
569-UNDER AN AGREEMENT BETWEEN THE AUTHORITY AND THE PER SON.
516+ 1. Pay the video toll and the civil penalty for the toll violation 21
517+by the date specified in the citation; and 22
570518
571- (II) IF THE AUTHORITY BILLS AN E–ZPASS ACCOUNT HOLDER
572-OR A PAY–BY–PLATE ACCOUNT HOLDER A SUM TOTAL OF BACKL OG TOLL CHARGES
573-OF $300 OR MORE, THE AUTHORITY SHALL OFFER THE ACCOUNT HOLDER A N
574-OPTION TO BE BILLED FOR THE BACKLOG TOLL CHARG ES IN MONTHLY
575-INSTALLMENT AMOUNTS OF 10% PER MONTH ON THE TOT AL BACKLOG TOLL
576-CHARGES OWED BY THE ACCOUNT HOLDER .
519+ 2. Contest liability for the toll violation by the date identified 23
520+and in the manner specified in the citation; or 24
577521
578- (3) (2) THE AUTHORITY SHALL :
522+ (ii) The Maryland Transportation Authority or the District Court 25
523+notifies the Administration that a person who elected to contest liability for a toll violation 26
524+under this section has failed to: 27
579525
580- (I) ALLOW PERSONS TO APPL Y FOR THE INSTALLMEN T PLAN
581-AGREEMENT AND INSTAL LMENT BILLING OPTIONS OFFERED UNDE R THIS
582-SUBSECTION ON THE AUTHORITY’S WEBSITE; AND
526+ 1. Appear for trial or has been determined to be guilty of the 28
527+toll violation; and 29
583528
584- (II) ACCEPT AS SUFFICIENT AN ATTESTATION FROM AN
585-APPLICANT THAT THE A PPLICANT QUALIFIES F OR AN INSTALLMENT PL AN
586-AGREEMENT OR INSTALL MENT BILLING OPTION OFFERED UNDER THIS S UBSECTION
587-WHEN APPROVING ELIGI BILITY FOR THE OPTIO N.
529+ 2. Pay the video toll and civil penalty. 30
530+ 12 SENATE BILL 59
588531
589- SECTION 2. AND BE IT FURTHER ENACTED, That, on or before January 1, 2023
590-October 1, 2022, the Maryland Transportation Authority shall notify any individual who
591-paid a civil penalty during the toll deferral period in error under the Authority’s Customer
592-Assistance Plan as approved on February 24, 2022, and is eligible for reimbursement of the
593-amount paid.
594532
595- SECTION 3. AND BE IT FURTHER ENACTED, That :
533+ (2) In conjunction with the Maryland Transportation Authority, the 1
534+Administration may adopt regulations and develop procedures to carry out the refusal or 2
535+suspension of a registration under this subsection. 3
596536
597- (a) On on or before December 1, 2023 2022, the Maryland Transportation
598-Authority shall report to the General Assembly, in accordance with § 2–1257 of the State
599-Government Article, on:
537+ (3) The procedures in this subsection are in addition to any other penalty 4
538+provided by law for a toll violation under this section. 5
600539
601- (1) the number of individuals who paid a civil penalty during the toll
602-deferral period in error under the Authority’s Customer Assistance Plan as approved on
603-February 24, 2022; and
540+ (4) This subsection may be applied to enforce a reciprocal agreement 6
541+entered into by the State and another jurisdiction in accordance with § 21–1415 of this 7
542+subtitle. 8
604543
605- (2) what notification of reimbursement eligibility and reimbursement was
606-provided to individuals who paid a civil penalty before the establishment of the civil penalty
607-waiver grace period in error under the Plan.
544+ (J) (1) (I) 1. THE AUTHORITY SHALL OFFER AN INSTALLMENT 9
545+PLAN AGREEMENT TO A PERSO N ALLEGED TO BE LIAB LE UNDER THIS SECTIO N FOR 10
546+PAYMENT OF UNPAID VI DEO TOLLS AND ANY AS SOCIATED CIVIL PENAL TIES THAT 11
547+TOTAL AT LEAST $300. 12
608548
609- (b) On or before July 1, 2022, and the first day of each subsequent month, the
610-Maryland Transportation Authority shall report to the General Assembly, in accordance
611-with § 2–1257 of the State Government Article:
612- Ch. 448 2022 LAWS OF MARYLAND
549+ 2. THE AUTHORITY MAY NOT OFF ER MORE THAN ONE 13
550+INSTALLMENT PLAN AGR EEMENT TO A PERSON A LLEGED TO BE LIABLE UNDER THIS 14
551+SECTION FOR PAYMENT OF THE SAME UNPAID V IDEO TOLLS AND ASSOC IATED CIVIL 15
552+PENALTIES. 16
613553
614-– 14 –
615- (1) the number of customer service agents employed at each Maryland
616-Transportation Authority call center during the prior month; and
554+ (II) AN INSTALLMENT PLAN A GREEMENT UNDER THIS 17
555+PARAGRAPH SHALL REQU IRE THE PERSON ALLEG ED TO BE LIABLE TO M AKE 18
556+MONTHLY INSTALLMENT PAYMENTS OF 10% PER MONTH ON UNTIL THE TOTAL 19
557+AMOUNT OF THE UNPAID VIDEO TOLLS AND ANY ASSOCIATED CIVIL PEN ALTIES 20
558+OWED BY THE PERSON ARE PAID. 21
617559
618- (2) the number of customer service agents hired to work at each Maryland
619-Transportation Authority call center during the prior month.
560+ (III) THE AUTHORITY MAY CHARGE AN ADMINISTRATIVE FE E 22
561+FOR AN INSTALLMENT P LAN AGREEMENT ON THE TOTAL AMOUNT OWED , NOT TO 23
562+EXCEED THE FEE AUTHORIZED B Y THE CENTRAL COLLECTION UNIT FOR AN 24
563+INSTALLMENT PLAN AGR EEMENT. 25
620564
621- SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
622-July 1, 2022. Section 3 of this Act shall remain effective for a period of 6 months and, at the
623-end of December 31, 2022, Section 3 of this Act, with no further action required by the
624-General Assembly, shall be abrogated and of no further force and effect.
565+ (III) (IV) IF A PERSON FAILS TO PAY VIDEO TOLLS AND CIVIL 26
566+PENALTIES OWED IN AC CORDANCE WITH AN COMPLY WITH THE TERM S AND 27
567+CONDITIONS OF THE INSTALLMENT PLAN AGR EEMENT, THE AUTHORITY MAY 28
568+CANCEL THE AGREEMENT AND REFER THE UNPAID TOL LS AND PENALTIES AMOUNT 29
569+DUE TO THE CENTRAL COLLECTION UNIT FOR COLLECTION . 30
625570
626-Approved by the Governor, May 16, 2022.
571+ (V) IF A PERSON DEFAULTS ON AN INSTALLMENT PL AN 31
572+AGREEMENT , THE AUTHORITY MAY NOTIFY THE ADMINISTRATION THAT A 32
573+REGISTERED OWNER OF A MOTOR VEHICLE HAS FAILED TO PAY THE AM OUNT DUE 33
574+UNDER AN INSTALLMENT PLAN AGREEMENT AND T HE ADMINISTRATION SHALL 34
575+REFUSE OR SUSPEND TH E REGISTRATION OF TH E MOTOR VEHICLE . 35
576+ SENATE BILL 59 13
577+
578+
579+ (2) (I) 1. IN THIS PARAGRAPH THE FOLLOWING WORDS HAVE 1
580+THE MEANINGS INDICATED . 2
581+
582+ 2. “BACKLOG TOLL CHARGE ” MEANS A TOLL FOR 3
583+PASSAGE OF A MOTOR V EHICLE THROUGH A TOL L COLLECTION FACILIT Y THAT IS 4
584+PROCESSED AND BILLED TO AN E–ZPASS ACCOUNT OR A PAY–BY–PLATE ACCOUNT 5
585+HOLDER MORE THAN 60 DAYS AFTER THE TOLL TRANSACTION O CCURRED DUE TO 6
586+COVID–19–RELATED OR OTHER FAC TORS FOR WHICH THE AUTHORITY IS 7
587+RESPONSIBLE . 8
588+
589+ 3. “E–ZPASS ACCOUNT” HAS THE MEANING STAT ED IN § 9
590+21–1416 OF THIS SUBTITLE. 10
591+
592+ 4. “PAY–BY–PLATE ACCOUNT ” MEANS AN 11
593+ARRANGEMENT IN WHICH A TOLL INCURRED FOR PASSAGE OF A MOTOR V EHICLE 12
594+THROUGH A TOLL COLLE CTION FACILITY BY EL ECTRONIC TOLL COLLEC TION 13
595+THROUGH THE USE OF A VIDEO MONITORING SYS TEM IS BILLED TO A C REDIT CARD 14
596+OF A PERSON LINKED T O THE REGISTERED LIC ENSE PLATE OF THE MO TOR VEHICLE 15
597+UNDER AN AGREEMENT B ETWEEN THE AUTHORITY AND THE PER SON. 16
598+
599+ (II) IF THE AUTHORITY BILLS AN E–ZPASS ACCOUNT HOLDER 17
600+OR A PAY–BY–PLATE ACCOUNT HOLDER A SUM TOTAL OF BACKL OG TOLL CHARGES 18
601+OF $300 OR MORE, THE AUTHORITY SHALL OFFER THE ACCOUNT HOLDER A N 19
602+OPTION TO BE BILLED FOR THE BACKLOG TOLL CHARGES IN MONTHLY 20
603+INSTALLMENT AMOUNTS OF 10% PER MONTH ON THE TOT AL BACKLOG TOLL 21
604+CHARGES OWED BY THE ACCOUNT HOLDER . 22
605+
606+ (3) (2) THE AUTHORITY SHALL : 23
607+
608+ (I) ALLOW PERSONS TO APPL Y FOR THE INSTALLMEN T PLAN 24
609+AGREEMENT AND INSTAL LMENT BILLING OPTIONS OFFERED UNDE R THIS 25
610+SUBSECTION ON THE AUTHORITY’S WEBSITE; AND 26
611+
612+ (II) ACCEPT AS SUFFICIENT AN ATTESTATION FROM AN 27
613+APPLICANT THAT THE A PPLICANT QUALIFIES F OR AN INSTALLMENT PL AN 28
614+AGREEMENT OR INSTALL MENT BILLING OPTION OFFERED UNDER THIS S UBSECTION 29
615+WHEN APPROVING ELIGI BILITY FOR THE OPTIO N. 30
616+
617+ SECTION 2. AND BE IT FURTHER ENACTED, That, on or before January 1, 2023 31
618+October 1, 2022, the Maryland Transportation Authority shall notify any individual who 32
619+paid a civil penalty during the toll deferral period in error under the Authority’s Customer 33
620+Assistance Plan as approved on February 24, 2022, and is eligible for reimbursement of the 34
621+amount paid. 35
622+ 14 SENATE BILL 59
623+
624+
625+ SECTION 3. AND BE IT FURTHER ENACTED, That : 1
626+
627+ (a) On on or before December 1, 2023 2022, the Maryland Transportation 2
628+Authority shall report to the General Assembly, in accordance with § 2–1257 of the State 3
629+Government Article, on: 4
630+
631+ (1) the number of individuals who paid a civil penalty during the toll 5
632+deferral period in error under the Authority’s Customer Assistance Plan as approved on 6
633+February 24, 2022; and 7
634+
635+ (2) what notification of reimbursement eligibility and reimbursement was 8
636+provided to individuals who paid a civil penalty before the establishment of the civil penalty 9
637+waiver grace period in error under the Plan. 10
638+
639+ (b) On or before July 1, 2022, and the first day of each subsequent month, the 11
640+Maryland Transportation Authority shall report to the General Assembly, in accordance 12
641+with § 2–1257 of the State Government Article: 13
642+
643+ (1) the number of customer service agents employed at each Maryland 14
644+Transportation Authority call center during the prior month; and 15
645+
646+ (2) the number of customer service agents hired to work at each Maryland 16
647+Transportation Authority call center during the prior month. 17
648+
649+ SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
650+July 1, 2022. Section 3 of this Act shall remain effective for a period of 6 months and, at the 19
651+end of December 31, 2022, Section 3 of this Act, with no further action required by the 20
652+General Assembly, shall be abrogated and of no further force and effect. 21
653+
654+
655+
656+
657+Approved:
658+________________________________________________________________________________
659+ Governor.
660+________________________________________________________________________________
661+ President of the Senate.
662+________________________________________________________________________________
663+ Speaker of the House of Delegates.