Old | New | Differences | |
---|---|---|---|
1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 448 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 448 | |
5 | - | (Senate Bill 59) | |
6 | 2 | ||
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* | |
8 | 10 | ||
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 | |
11 | 18 | ||
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: | |
33 | 20 | ||
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. | |
39 | 25 | ||
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 | |
45 | 27 | ||
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. | |
50 | 29 | ||
51 | - | ||
52 | - | ||
30 | + | ______________________________________________ | |
31 | + | President. | |
53 | 32 | ||
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 ______ | |
59 | 34 | ||
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 | |
65 | 36 | ||
66 | - | ||
67 | - | ||
37 | + | Maryland Transportation Authority – Public–Private Partnerships and Options 2 | |
38 | + | for the Payment of Tolls and Tolls – Civil Penalties 3 | |
68 | 39 | ||
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 | |
70 | 50 | ||
71 | - | 3–302. | |
72 | 51 | ||
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 | |
77 | 63 | ||
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 | |
82 | 69 | ||
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 | |
86 | 75 | ||
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 | |
90 | 81 | ||
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 | |
93 | 87 | ||
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 | |
98 | 93 | ||
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 | |
103 | 96 | ||
104 | - | (1) any taxes; | |
97 | + | Article – State Finance and Procurement 39 | |
98 | + | SENATE BILL 59 3 | |
105 | 99 | ||
106 | - | (2) any child support payment that is owed under § 5–308 of the Human | |
107 | - | Services Article; | |
108 | 100 | ||
109 | - | ||
101 | + | 3–302. 1 | |
110 | 102 | ||
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 | |
112 | 107 | ||
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 | |
114 | 112 | ||
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 | |
116 | 116 | ||
117 | - | | |
118 | - | ||
119 | - | ||
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 | |
120 | 120 | ||
121 | - | ||
122 | - | ||
121 | + | 2. the student has not entered into or made timely payments 16 | |
122 | + | to satisfy an installment payment plan. 17 | |
123 | 123 | ||
124 | - | ( | |
125 | - | ||
126 | - | ||
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 | |
127 | 127 | ||
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 | |
132 | 131 | ||
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 | |
137 | 133 | ||
138 | - | ( | |
139 | - | ||
134 | + | (2) any child support payment that is owed under § 5–308 of the Human 25 | |
135 | + | Services Article; 26 | |
140 | 136 | ||
141 | - | ( | |
137 | + | (3) any unemployment insurance contribution or overpayment; 27 | |
142 | 138 | ||
143 | - | 10A–202.1. | |
144 | - | Ch. 448 2022 LAWS OF MARYLAND | |
139 | + | (4) any fine; 28 | |
145 | 140 | ||
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 | |
151 | 142 | ||
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 | |
155 | 144 | ||
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 | |
160 | 148 | ||
161 | - | (1) PUBLISH NOTICE OF AN INVITATION FOR COMPE TITIVE SEALED | |
162 | - | BIDS: | |
163 | 149 | ||
164 | - | (I) ON A BID BOARD OR E MARYLAND MARKETPLACE ; OR | |
165 | 150 | ||
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 | |
167 | 153 | ||
168 | - | ( | |
169 | - | ||
170 | - | ||
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 | |
171 | 157 | ||
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 | |
173 | 162 | ||
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 | |
175 | 167 | ||
176 | - | ||
177 | - | ||
168 | + | (1) adopts a resolution appointing the Central Collection Unit as the 14 | |
169 | + | collector of delinquent accounts or other debt; and 15 | |
178 | 170 | ||
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 | |
181 | 172 | ||
182 | - | (3) “TOLL COLLECTION FACIL ITY” HAS THE MEANING STAT ED IN § | |
183 | - | 21–1414 OF THIS ARTICLE. | |
173 | + | 10A–202.1. 17 | |
184 | 174 | ||
185 | - | ( | |
186 | - | ||
187 | - | ||
188 | - | ||
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 | |
189 | 179 | ||
190 | - | ||
191 | - | ||
192 | - | ||
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 | |
193 | 183 | ||
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 | |
195 | 188 | ||
196 | - | (2) CHECK; | |
189 | + | (1) PUBLISH NOTICE OF AN INVITATION FOR COMPE TITIVE SEALED 29 | |
190 | + | BIDS: 30 | |
197 | 191 | ||
198 | - | ( | |
192 | + | (I) ON A BID BOARD OR E MARYLAND MARKETPLACE ; OR 31 | |
199 | 193 | ||
200 | - | ( | |
194 | + | (II) IN A NEWSPAPER, PERIODICAL, OR TRADE JOURNAL ; AND 32 SENATE BILL 59 5 | |
201 | 195 | ||
202 | - | (I) A CREDIT OR DEBIT CARD ; | |
203 | 196 | ||
204 | - | (II) AN AUTOMATED CLEARING HOUSE (ACH) TRANSFER; OR | |
205 | 197 | ||
206 | - | ( | |
207 | - | ||
208 | - | ||
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 | |
209 | 201 | ||
210 | - | ||
202 | + | Article – Transportation 4 | |
211 | 203 | ||
212 | - | ||
204 | + | 4–408. 5 | |
213 | 205 | ||
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 | |
215 | 208 | ||
216 | - | ( | |
217 | - | ||
209 | + | (2) “E–ZPASS ACCOUNT” HAS THE MEANING STAT ED IN § 21–1416 OF 8 | |
210 | + | THIS ARTICLE. 9 | |
218 | 211 | ||
219 | - | ( | |
220 | - | ||
212 | + | (3) “TOLL COLLECTION FACIL ITY” HAS THE MEANING STAT ED IN § 10 | |
213 | + | 21–1414 OF THIS ARTICLE. 11 | |
221 | 214 | ||
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 | |
223 | 221 | ||
224 | - | (i) The registered owner of a motor vehicle involved in a video toll | |
225 | - | transaction; or | |
222 | + | (1) CASH; 18 | |
226 | 223 | ||
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 | |
230 | 225 | ||
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 | |
233 | 227 | ||
234 | - | (i) On: | |
235 | - | Ch. 448 2022 LAWS OF MARYLAND | |
228 | + | (4) AN ELECTRONIC FUNDS T RANSFER THROUGH THE USE OF: 21 | |
236 | 229 | ||
237 | - | – 6 – | |
238 | - | 1. One or more photographs, micrographs, or electronic | |
239 | - | images; | |
230 | + | (I) A CREDIT OR DEBIT CARD ; 22 | |
240 | 231 | ||
241 | - | | |
232 | + | (II) AN AUTOMATED CLEARING HOUSE (ACH) TRANSFER; OR 23 | |
242 | 233 | ||
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 | |
244 | 237 | ||
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 | |
248 | 239 | ||
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 | |
252 | 242 | ||
253 | - | (8) “Toll collection facility” means any point on an Authority highway | |
254 | - | where a toll is incurred and is required to be paid. | |
255 | 243 | ||
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 | |
258 | 245 | ||
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 | |
262 | 248 | ||
263 | - | ( | |
264 | - | toll transaction | |
249 | + | (4) “Notice of toll due” or “notice” means an administrative notice of a video 4 | |
250 | + | toll transaction. 5 | |
265 | 251 | ||
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 | |
269 | 253 | ||
270 | - | Article – Transportation | |
254 | + | (i) The registered owner of a motor vehicle involved in a video toll 7 | |
255 | + | transaction; or 8 | |
271 | 256 | ||
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 | |
273 | 260 | ||
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 | |
277 | 263 | ||
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 | |
280 | 265 | ||
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 | |
284 | 268 | ||
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 | |
290 | 270 | ||
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 | |
294 | 272 | ||
295 | - | ( | |
296 | - | ||
297 | - | ||
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 | |
298 | 276 | ||
299 | - | ( | |
300 | - | ||
301 | - | ||
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 | |
302 | 280 | ||
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 | |
304 | 283 | ||
305 | - | ( | |
306 | - | ||
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 | |
307 | 286 | ||
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 | |
310 | 291 | ||
311 | - | (iii) The location where the video toll transaction took place; | |
312 | 292 | ||
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 | |
314 | 295 | ||
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 | |
317 | 299 | ||
318 | - | ||
300 | + | Article – Transportation 6 | |
319 | 301 | ||
320 | - | (vii) A statement that the video toll was not paid before the civil | |
321 | - | penalty was assessed; | |
302 | + | 21–1414. 7 | |
322 | 303 | ||
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 | |
324 | 307 | ||
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 | |
326 | 310 | ||
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 | |
328 | 313 | ||
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 | |
332 | 318 | ||
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 | |
334 | 322 | ||
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 | |
337 | 326 | ||
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 | |
342 | 330 | ||
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 | |
345 | 332 | ||
346 | - | (i) | |
347 | - | ||
333 | + | (i) The name and address of the person alleged to be liable under 29 | |
334 | + | this section; 30 | |
348 | 335 | ||
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 | |
350 | 338 | ||
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 | |
355 | 340 | ||
356 | - | 1. Collect the video toll and the civil penalty by any means of | |
357 | - | collection as provided by law; and | |
358 | 341 | ||
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. | |
361 | 342 | ||
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 | |
365 | 344 | ||
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 | |
373 | 347 | ||
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 | |
376 | 349 | ||
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 | |
378 | 352 | ||
379 | - | ( | |
353 | + | (viii) The amount of the civil penalty; and 7 | |
380 | 354 | ||
381 | - | ||
355 | + | (ix) The date by which the video toll and civil penalty must be paid. 8 | |
382 | 356 | ||
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 | |
385 | 358 | ||
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 | |
388 | 362 | ||
389 | - | ( | |
390 | - | ||
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 | |
391 | 365 | ||
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 | |
399 | 370 | ||
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 | |
407 | 373 | ||
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 | |
419 | 376 | ||
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 | |
426 | 378 | ||
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 | |
428 | 383 | ||
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 | |
430 | 386 | ||
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 | |
434 | 389 | ||
435 | - | (II) RECALL A DELINQUENT A CCOUNT FROM THE CENTRAL | |
436 | - | COLLECTION UNIT. | |
437 | 390 | ||
438 | - | (2) THE AUTHORITY SHALL RECAL L A DELINQUENT ACCOU NT FROM | |
439 | - | THE CENTRAL COLLECTION UNIT IF: | |
440 | 391 | ||
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 | |
443 | 395 | ||
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 | |
449 | 403 | ||
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 | |
454 | 406 | ||
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 | |
457 | 408 | ||
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 | |
460 | 410 | ||
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 | |
464 | 413 | ||
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 | |
468 | 416 | ||
469 | - | (II) (2) SHALL WAIVE: | |
417 | + | (4) May not be considered in the provision of motor vehicle insurance 19 | |
418 | + | coverage. 20 | |
470 | 419 | ||
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 | |
473 | 427 | ||
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 | |
477 | 435 | ||
478 | - | ( | |
479 | - | ||
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 | |
480 | 438 | ||
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: | |
483 | 439 | ||
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 | |
487 | 449 | ||
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 | |
490 | 456 | ||
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 | |
493 | 458 | ||
494 | - | ( | |
495 | - | ||
496 | - | ||
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 | |
497 | 462 | ||
498 | - | | |
499 | - | ||
463 | + | (II) RECALL A DELINQUENT A CCOUNT FROM THE CENTRAL 20 | |
464 | + | COLLECTION UNIT. 21 | |
500 | 465 | ||
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 | |
502 | 468 | ||
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 | |
506 | 471 | ||
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 | |
509 | 477 | ||
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 | |
513 | 482 | ||
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 | |
518 | 485 | ||
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 | |
521 | 486 | ||
522 | - | – 12 – | |
523 | - | SECTION FOR PAYMENT OF THE SAME UNPAID V IDEO TOLLS AND ASSOC IATED CIVIL | |
524 | - | PENALTIES. | |
525 | 487 | ||
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 | |
531 | 490 | ||
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 | |
536 | 494 | ||
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 | |
542 | 498 | ||
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 | |
548 | 500 | ||
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 | |
551 | 505 | ||
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 | |
558 | 508 | ||
559 | - | | |
560 | - | ||
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 | |
561 | 511 | ||
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 | |
566 | 515 | ||
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 | |
570 | 518 | ||
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 | |
577 | 521 | ||
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 | |
579 | 525 | ||
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 | |
583 | 528 | ||
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 | |
588 | 531 | ||
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. | |
594 | 532 | ||
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 | |
596 | 536 | ||
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 | |
600 | 539 | ||
601 | - | ( | |
602 | - | ||
603 | - | ||
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 | |
604 | 543 | ||
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 | |
608 | 548 | ||
609 | - | | |
610 | - | ||
611 | - | ||
612 | - | ||
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 | |
613 | 553 | ||
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 | |
617 | 559 | ||
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 | |
620 | 564 | ||
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 | |
625 | 570 | ||
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. |