EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1439*
HOUSE BILL 1439
J3, R2, R3 4lr2592
By: Delegates Shetty, Barnes, Hinebaugh, and D. Jones
Introduced and read first time: February 9, 2024
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 26, 2024
CHAPTER ______
AN ACT concerning 1
Public Health – Funding for Trauma Centers and Services 2
Emergency Services – Funding 3
FOR the purpose of altering the purpose, contents, and sources of the funding of the 4
Maryland Trauma Physician Services Fund; altering the entities to which money 5
from the Maryland Trauma Physician Services Fund is transferred; altering the 6
methodology used to determine eligibility for disbursements from the Maryland 7
Trauma Physician Services Fund; altering the amount of the motor vehicle 8
registration surcharge and the amount of the surcharge that is required to be paid 9
into the Maryland Trauma Physician Services Fund; increasing the fines for certain 10
violations of the Maryland Vehicle Law related to driving while impaired; altering 11
the authorized uses of the Maryland Emergency Medical System Operations Fund; 12
and generally relating to the funding for trauma centers and services increasing the 13
motor vehicle registration emergency medical system surcharge for certain motor 14
vehicles; providing for the distribution of revenues derived from the surcharge; 15
altering certain provisions of law related to the Maryland Trauma Physician 16
Services Fund, including provisions related to the contents and sources of the 17
funding, transfer of money from the Fund, and the methodology used to determine 18
eligibility for disbursements from the Fund; increasing the fines for certain 19
violations of the Maryland Vehicle Law related to driving while impaired; altering 20
the authorized uses of the Maryland Emergency Medical System Operations Fund; 21
requiring the Governor to include a certain appropriation in the annual budget bill 22
for the Senator William H. Amoss Fire, Rescue, and Ambulance Fund; and generally 23
relating to the funding for emergency services. 24
2 HOUSE BILL 1439
BY repealing and reenacting, without amendments, 1
Article – Health – General 2
Section 19–101 3
Annotated Code of Maryland 4
(2023 Replacement Volume) 5
BY repealing and reenacting, with amendments, 6
Article – Health – General 7
Section 19–130 8
Annotated Code of Maryland 9
(2023 Replacement Volume) 10
BY repealing and reenacting, with amendments, 11
Article – State Finance and Procurement 12
Section 7–118(a) 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Public Safety 17
Section 8–102(a) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2023 Supplement) 20
BY adding to 21
Article – Public Safety 22
Section 8–102(g) 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Transportation 27
Section 13–954(b), 13–955, 13–954 and 21–902(a) through (d) 28
Annotated Code of Maryland 29
(2020 Replacement Volume and 2023 Supplement) 30
BY repealing and reenacting, without amendments, 31
Article – Transportation 32
Section 13–955 33
Annotated Code of Maryland 34
(2020 Replacement Volume and 2023 Supplement) 35
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
That the Laws of Maryland read as follows: 37
Article – Health – General 38
HOUSE BILL 1439 3
19–101. 1
In this subtitle, “Commission” means the Maryland Health Care Commission. 2
19–130. 3
(a) (1) In this section the following words have the meanings indicated. 4
(2) “Fund” means the Maryland Trauma Physician Services Fund. 5
(3) “Maryland Trauma Specialty Referral Centers” means: 6
(i) The Johns Hopkins Health System Burn Program; 7
(ii) The Eye Trauma Center at the Wilmer Eye Institute at The 8
Johns Hopkins Hospital; and 9
(iii) The Curtis National Hand Center at Union Memorial Hospital. 10
(4) “REASONABLE COMPENSATI ON EQUIVALENT ” MEANS THE 11
LIMITATION ON THE CO ST ESTABLISHED BY TH E CENTERS FOR MEDICARE AND 12
MEDICAID SERVICES THAT A PROVI DER MAY CLAIM FOR CO MPENSATION OF 13
SERVICES. 14
[(4)] (5) “Rehabilitation hospital” means a facility classified as a special 15
rehabilitation hospital as described in § 19–307 of this title that is affiliated with a trauma 16
center by common ownership. 17
[(5)] (6) (i) “Trauma center” means a facility designated by the 18
Maryland Institute for Emergency Medical Services Systems as: 19
1. The State primary adult resource center; 20
2. A Level I trauma center; 21
3. A Level II trauma center; 22
4. A Level III trauma center; 23
5. A pediatric trauma center; or 24
6. The Maryland Trauma Specialty Referral Centers. 25
(ii) “Trauma center” includes an out–of–state pediatric trauma 26
center that has entered into an agreement with the Maryland Institute for Emergency 27
Medical Services Systems. 28 4 HOUSE BILL 1439
(7) “TRAUMA HEALTH CARE PR ACTITIONER” MEANS A HEALTH CARE 1
PRACTITIONER LICENSE D UNDER THE HEALTH OCCUPATIONS ARTICLE WHO 2
PROVIDES CARE IN A T RAUMA CENTER OR IN A REHABILITATION HOSPI TAL TO 3
TRAUMA PATIENTS ON THE STATE TRAUMA REGISTRY AS DEFINED BY THE 4
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS. 5
[(6)] (8) “Trauma physician” means a physician who provides care in a 6
trauma center or in a rehabilitation hospital to trauma patients on the State trauma 7
registry as defined by the Maryland Institute for Emergency Medical Services Systems. 8
[(7)] (9) “Uncompensated care” means care provided by a trauma 9
physician OR A TRAUMA HEALTH C ARE PRACTITIONER to a trauma patient on the State 10
trauma registry who: 11
(i) Has no health insurance, including Medicare Part B coverage; 12
(ii) Is not eligible for medical assistance coverage; and 13
(iii) Has not paid the trauma physician OR TRAUMA HEALTH CAR E 14
PRACTITIONER for care provided by the trauma physician OR TRAUMA HEALTH CAR E 15
PRACTITIONER , after documented attempts by the trauma physician OR TRAUMA 16
HEALTH CARE PRACTITI ONER to collect payment. 17
(b) (1) There is a Maryland Trauma Physician Services Fund. 18
(2) The purpose of the Fund is to subsidize the documented costs: 19
(i) Of uncompensated care incurred by a trauma physician OR A 20
TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to a trauma patient on 21
the State trauma registry; 22
(ii) Of undercompensated care incurred by a trauma physician OR A 23
TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to an enrollee of the 24
Maryland Medical Assistance Program who is a trauma patient on the State trauma 25
registry; 26
(iii) Incurred by a trauma center to maintain trauma physicians 27
on–call as required by the Maryland Institute for Emergency Medical Services Systems; 28
(iv) Incurred by the State primary adult resource center to maintain 29
trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call and 30
on standby as required by the Maryland Institute for Emergency Medical Services Systems; 31
and 32
HOUSE BILL 1439 5
(v) Incurred by the Commission and the Health Services Cost 1
Review Commission to administer the Fund and audit reimbursement requests to assure 2
appropriate payments are made from the Fund. 3
(3) The Commission and the Health Services Cost Review Commission 4
shall administer the Fund. 5
(4) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 6
the State Finance and Procurement Article. 7
(5) Interest on and other income from the Fund shall be separately 8
accounted for and credited to the Fund, and are not subject to § 6–226(a) of the State 9
Finance and Procurement Article. 10
(c) The Fund consists of [motor]: 11
(1) MOTOR vehicle registration surcharges paid into the Fund in 12
accordance with § 13–954(b)(2) of the Transportation Article; 13
(2) AT LEAST 10% 20% OF THE FINES COLLECT ED UNDER § 14
21–902(A)(1), (B)(2), (C)(2), AND (D)(1) OF THE TRANSPORTATION ARTICLE; AND 15
(3) ANY OTHER MONEY TRANS FERRED FROM THE GENERAL FUND OF 16
THE STATE. 17
(d) (1) Disbursements from the Fund shall be made in accordance with a 18
methodology established jointly by the Commission and the Health Services Cost Review 19
Commission to calculate costs incurred by trauma physicians and trauma centers that are 20
eligible to receive reimbursement under subsection (b) of this section. 21
(2) The Fund shall transfer to [the]: 22
(I) THE Maryland Department of Health an amount sufficient to 23
fully cover the State’s share of expenditures for the costs of undercompensated care 24
incurred by a trauma physician in providing trauma care to an enrollee of the Maryland 25
Medical Assistance Program who is a trauma patient on the State trauma registry; AND 26
(II) THE STATE PRIMARY ADULT R ESOURCE CENTER AT LE AST 27
$10,000,000 FROM THE REMAINING B ALANCE IN THE FUND EACH FISCAL YEAR . 28
(3) The methodology developed under paragraph (1) of this subsection 29
shall: 30
(i) Take into account: 31
6 HOUSE BILL 1439
1. The amount of uncompensated care provided by trauma 1
physicians; 2
2. The amount of undercompensated care attributable to the 3
treatment of Medicaid enrollees in trauma centers; 4
3. The cost of maintaining trauma physicians on–call; 5
4. The number of patients served by trauma physicians in 6
trauma centers; 7
5. The number of Maryland residents served by trauma 8
physicians in trauma centers; and 9
6. The extent to which trauma–related costs are otherwise 10
subsidized by hospitals, the federal government, and other sources; and 11
(ii) Include an incentive to encourage hospitals to continue to 12
subsidize trauma–related costs not otherwise included in hospital rates. 13
(4) The methodology developed under paragraph (1) of this subsection shall 14
use the following parameters to determine the amount of reimbursement made to trauma 15
physicians and trauma centers from the Fund: 16
(i) 1. The cost incurred by a Level II trauma center to maintain 17
trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed: 18
A. At a rate of up to [30%] 35% 60% of the reasonable [cost 19
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 20
current year by the physician compensation component of the Medicare economic index as 21
designated by the Centers for Medicare and Medicaid Services; and 22
B. For the minimum number of trauma physicians required 23
to be on–call, as specified by the Maryland Institute for Emergency Medical Services 24
Systems in its criteria for Level II trauma centers; 25
2. The cost incurred by a Level III trauma center to maintain 26
trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall 27
be reimbursed: 28
A. At a rate of up to [35%] 40% 60% of the reasonable [cost 29
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 30
current year by the physician compensation component of the Medicare economic index as 31
designated by the Centers for Medicare and Medicaid Services; and 32
HOUSE BILL 1439 7
B. For the minimum number of trauma physicians required 1
to be on–call, as specified by the Maryland Institute for Emergency Medical Services 2
Systems in its criteria for Level III trauma centers; 3
3. The cost incurred by a Level I trauma center or pediatric 4
trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons 5
on–call when a post–graduate resident is attending in the trauma center shall be 6
reimbursed: 7
A. At a rate of up to [30%] 35% 60% of the reasonable [cost 8
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 9
current year by the physician compensation component of the Medicare economic index as 10
designated by the Centers for Medicare and Medicaid Services; and 11
B. When a post–graduate resident is [permitted] 12
AUTHORIZED to be in the trauma center, as specified by the Maryland Institute for 13
Emergency Medical Services Systems in its criteria for Level I trauma centers or pediatric 14
trauma centers; 15
4. The cost incurred by a Maryland Trauma Specialty 16
Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a 17
post–graduate resident is attending in the Center shall be reimbursed: 18
A. At a rate of up to [30%] 35% 60% of the reasonable [cost 19
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 20
current year by the physician compensation component of the Medicare economic index as 21
designated by the Centers for Medicare and Medicaid Services; and 22
B. When a post–graduate resident is [permitted] 23
AUTHORIZED to be in the Center, as specified by the Maryland Institute for Emergency 24
Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center; 25
and 26
5. A. A Level II trauma center is eligible for a maximum 27
of [24,500] 26,280 hours of trauma on–call per year; 28
B. A Level III trauma center is eligible for a maximum of 29
35,040 hours of trauma on–call per year; 30
C. A Level I trauma center shall be eligible for a maximum of 31
4,380 hours of trauma on–call per year; 32
D. A pediatric trauma center shall be eligible for a maximum 33
of 4,380 hours of trauma on–call per year; and 34
8 HOUSE BILL 1439
E. A Maryland Trauma Specialty Referral Center shall be 1
eligible for a maximum of 2,190 hours of trauma on–call per year; 2
(ii) The cost of undercompensated care incurred by a trauma 3
physician in providing trauma care to enrollees of the Maryland Medical Assistance 4
Program who are trauma patients on the State trauma registry shall be reimbursed at a 5
rate of up to 100% of the Medicare payment for the service, minus any amount paid by the 6
Maryland Medical Assistance Program; 7
(iii) The cost of uncompensated care incurred by a trauma physician 8
in providing trauma care to trauma patients on the State trauma registry shall be 9
reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries 10
made by the trauma physician for the care; 11
(iv) The Commission, in consultation with the Health Services Cost 12
Review Commission, may establish a payment rate for uncompensated care incurred by a 13
trauma physician in providing trauma care to trauma patients on the State trauma registry 14
that is above 100% of the Medicare payment for the service if: 15
1. The Commission determines that increasing the payment 16
rate above 100% of the Medicare payment for the service will address an unmet need in the 17
State trauma system; and 18
2. The Commission reports on its intention to increase the 19
payment rate to the Senate Finance Committee and the House Health and Government 20
Operations Committee, in accordance with § 2–1257 of the State Government Article, at 21
least 60 days before any adjustment to the rate; 22
(v) The Commission shall develop guidelines for the reimbursement 23
of the documented costs of the State primary adult resource center under subsection 24
(b)(2)(iv) of this section; [and] 25
(VI) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 26
SERVICES COST REVIEW COMMISSION, MAY CHANGE THE PERCE NTAGE OF THE 27
REASONABLE COMPENSAT ION EQUIVALENT PAID TO TRAUMA HOSPITALS IF: 28
1. THE COMMISSION DETERMINES THAT THE CURRENT 29
PROJECTED REVENUE TO BE COLLECTED IN THE FUND IS ADEQUATE TO S UPPORT 30
THE PROPOSED INCREAS E IN THE PERCENTAGE OF REASON ABLE COMPENSATION 31
EQUIVALENT INFLATED TO THE CURRENT YEAR BY THE PHYSICIAN COM PENSATION 32
COMPONENT OF THE MEDICARE FEE SCHEDULE COVERS LESS THAN 50% OF 33
ALLOWABLE ON –CALL COSTS ECONOMIC INDEX ; AND 34
2. THE COMMISSION REPORTS ON ITS INTENTION TO 35
CHANGE THE PERCENTAG E OF REASONABLE COMP ENSATION EQUIVALENT TO BE 36
PAID FOR ON–CALL COSTS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE 37 HOUSE BILL 1439 9
HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 1
2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY 2
ADJUSTMENT TO THE AL LOWABLE HOURS ; 3
(VII) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 4
SERVICES COST REVIEW COMMISSION, MAY CHANGE THE NUMBE R OF ALLOWABLE 5
HOURS OF TRAUMA ON –CALL EACH YEAR IF TH E COMMISSION REPORTS ON ITS 6
INTENTION TO CHANGE T HE NUMBER OF ALLOWAB LE HOURS TO THE SENATE 7
FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 8
COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 9
ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJU STMENT TO THE ALLOWA BLE HOURS; 10
(VIII) THE COMMISSION MAY MODIFY THE PERCENTAGE PAID 11
FOR ON–CALL OUT OF THE MAXI MUM NUMBER OF HOURS ALLOWED FOR ON –CALL 12
CARE OF THE REASONABLE CO MPENSATION EQUIVALEN T FOR ON–CALL HOURS NOT 13
MORE THAN ONCE EACH YEAR; AND 14
[(vi)] (IX) The total reimbursement to emergency physicians from 15
the Fund may not exceed $300,000 annually. 16
(5) In order to receive reimbursement, a trauma physician OR A TRAUMA 17
HEALTH CARE PRACTITI ONER in the case of costs of uncompensated care under 18
subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under 19
subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner 20
approved by the Commission and the Health Services Cost Review Commission. 21
(6) (i) The Commission and the Health Services Cost Review 22
Commission shall adopt regulations that specify the information that trauma physicians, 23
TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers must submit to receive 24
money from the Fund. 25
(ii) The information required shall include: 26
1. The name and federal tax identification number of the 27
trauma physician rendering the service; 28
2. The date of the service; 29
3. Appropriate codes describing the service; 30
4. Any amount recovered for the service rendered; 31
5. The name of the trauma patient; 32
6. The patient’s trauma registry number; and 33 10 HOUSE BILL 1439
7. Any other information the Commission and the Health 1
Services Cost Review Commission consider necessary to disburse money from the Fund. 2
(iii) It is the intent of the General Assembly that trauma physicians 3
and trauma centers shall cooperate with the Commission and the Health Services Cost 4
Review Commission by providing information required under this paragraph in a timely 5
and complete manner. 6
(e) (1) Except as provided in paragraph (2) of this subsection and 7
notwithstanding any other provision of law, expenditures from the Fund for costs incurred 8
in any fiscal year may not exceed revenues of the Fund. 9
(2) (i) The Commission, in consultation with the Health Services Cost 10
Review Commission and the Maryland Institute for Emergency Medical Services Systems, 11
shall develop a process for the award of grants to LEVEL I, Level II, and Level III trauma 12
centers [in the State to be used for equipment primarily used] in the delivery of trauma 13
care. 14
(ii) 1. The Commission shall issue grants under this paragraph 15
from any balance carried over to the Fund from prior fiscal years. 16
2. The total amount of grants awarded under this paragraph 17
in a fiscal year may not exceed 10% of the balance remaining in the Fund at the end of the 18
fiscal year immediately prior to the fiscal year in which grants are awarded THE TOTAL 19
AMOUNT OF GRANTS AWA RDED UNDER THIS PARA GRAPH IN A FISCAL YE AR MAY NOT 20
REDUCE THE BALANCE R EMAINING IN THE FUND AT THE END OF TH E FISCAL YEAR 21
TO LESS THAN 15% OF THE REVENUE COLLE CTED IN THAT FISCAL YEAR. 22
(iii) The process developed by the Commission for the award of grants 23
under this paragraph shall include: 24
1. Grant applications and review and selection criteria for 25
the award of grants; 26
2. Review by the Commission, if necessary, for any project 27
that exceeds certificate of need thresholds; and 28
3. Any other procedure determined necessary by the 29
Commission. 30
(iv) Before awarding grants under this subsection in a fiscal year, the 31
Commission shall report to the Senate Finance Committee and the House Health and 32
Government Operations Committee, in accordance with § 2–1257 of the State Government 33
Article, on the process that the Commission has developed for awarding grants in that fiscal 34
year. 35 HOUSE BILL 1439 11
(f) On or before November 1 of each year, the Commission and the Health 1
Services Cost Review Commission shall report to the General Assembly, in accordance with 2
§ 2–1257 of the State Government Article, on: 3
(1) The amount of money in the Fund on the last day of the previous fiscal 4
year; 5
(2) The amount of money applied for by trauma physicians, TRAUMA 6
HEALTH CARE PRACTITI ONERS, and trauma centers during the previous fiscal year; 7
(3) The amount of money distributed in the form of trauma physician, 8
TRAUMA HEALTH CARE P RACTITIONER, and trauma center reimbursements during the 9
previous fiscal year; 10
(4) Any recommendations for altering the manner in which trauma 11
physicians, TRAUMA HEALTH CARE PRACTITIONERS , and trauma centers are 12
reimbursed from the Fund; 13
(5) The costs incurred in administering the Fund during the previous fiscal 14
year; [and] 15
(6) The amount that each hospital that participates in the Maryland 16
trauma system and that has a trauma center contributes toward the subsidization of 17
trauma–related costs for its trauma center; AND 18
(7) THE AMOUNT THE HEALTH SERVICES COST REVIEW 19
COMMISSION ALLOWED COSTS THAT HOSPITALS REPORTED TO THE HEALTH 20
SERVICES COST REVIEW COMMISSION AND ARE A CCOUNTED FOR IN THE GLOBAL 21
BUDGETS OF THE HOSPI TALS FOR EACH OF THE FOLLOWING: 22
(I) IN HOSPITAL RATES FOR TRAUMA TRAUMA STANDBY; 23
(II) IN ALLOWABLE ALLOWABLE TRAUMA CENTER COSTS FOR 24
REIMBURSING THE TRAU MA DIRECTOR AND TRAU MA STAFF; 25
(III) FOR MAINTAINING MAINTAINING MARYLAND INSTITUTE 26
FOR EMERGENCY MEDICAL SERVICES SYSTEMS TRAUMA PROTOC OLS; 27
(IV) FOR MAINTAINING MAINTAINING SPECIALIZED TRAUMA 28
STAFF; 29
(V) FOR PROCURING PROCURING SPECIALIZED TRAUMA 30
EQUIPMENT; AND 31
12 HOUSE BILL 1439
(VI) FOR PROVIDING PROVIDING TRAUMA EDUCATION AND 1
TRAINING; AND 2
(8) ANY IMPROVEMENTS MADE BY TRAUMA CENTERS AS A RESULT OF 3
AN INCREASE IN FUNDI NG. 4
(G) THE COMMISSION SHALL AWAR D AN ANNUAL GRANT FR OM THE FUND 5
IN THE AMOUNT UP TO $1,800,000 TO LEVEL I PEDIATRIC TRAUMA CENTERS AS 6
FOLLOWS: 7
(1) UP TO $900,000 TO JOHNS HOPKINS CHILDREN’S CENTER; AND 8
(2) UP TO $900,000 TO CHILDREN’S NATIONAL MEDICAL CENTER. 9
Article – Public Safety 10
8–102. 11
(a) There is a Senator William H. Amoss Fire, Rescue, and Ambulance Fund. 12
(G) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL INCLUD E AN 13
ANNUAL APPROPRIATION TO THE FUND OF AT LEAST $16,500,000. 14
Article – State Finance and Procurement 15
7–118. 16
(a) In its annual submission of the proposed budget, the Department of Budget 17
and Management shall provide, for informational purposes, a budget presentation that 18
includes a description of the proposed expenditures under the Maryland Emergency 19
Medical System Operations Fund for the: 20
(1) Maryland Institute for Emergency Medical Services Systems; 21
(2) R Adams Cowley Shock Trauma Center; 22
(3) Maryland Fire and Rescue Institute; AND 23
(4) [Aviation Division of the Special Operations Bureau, Department of 24
State Police; and 25
(5)] grants under the Senator William H. Amoss Fire, Rescue, and 26
Ambulance Fund. 27
Article – Transportation 28
HOUSE BILL 1439 13
13–954. 1
(a) In this section, “motor vehicle” means a: 2
(1) Class A (passenger) vehicle; 3
(2) Class B (for hire) vehicle; 4
(3) Class C (funeral and ambulance) vehicle; 5
(4) Class D (motorcycle) vehicle; 6
(5) Class E (truck) vehicle; 7
(6) Class F (tractor) vehicle; 8
(7) Class H (school) vehicle; 9
(8) Class J (vanpool) vehicle; 10
(9) Class M (multipurpose) vehicle; 11
(10) Class P (passenger bus) vehicle; 12
(11) Class Q (limousine) vehicle; 13
(12) Class R (low speed) vehicle; or 14
(13) Vehicle within any other class designated by the Administrator. 15
(b) (1) In addition to the registration fee otherwise required by this title, the 16
owner of any motor vehicle registered under this title shall pay a surcharge of [$17.00] 17
$24.50 $40.00 per year for each motor vehicle registered. 18
(2) (I) [$2.50] $10 $6.50 of the surcharge collected under paragraph (1) 19
of this subsection shall be paid into the Maryland Trauma Physician Services Fund 20
established under § 19–130 of the Health – General Article. 21
(II) THE GOVERNOR ANNUALLY SHA LL ALLOCATE AT LEAST 22
$9.00 OF THE SURCHARGE COL LECTED UNDER PARAGRA PH (1) OF THIS 23
SUBSECTION TO THE R ADAMS COWLEY SHOCK TRAUMA CENTER. 24
(III) THE BALANCE OF T HE SURCHARGE COLLECT ED UNDER 25
PARAGRAPH (I) OF THIS SUBSECTION S HALL BE PAID TO THE MARYLAND 26
EMERGENCY MEDICAL SYSTEM OPERATIONS FUND ESTABLISHED UNDE R § 13–955 27
OF THIS SUBTITLE. 28 14 HOUSE BILL 1439
13–955. 1
(a) In this section, “Fund” means the Maryland Emergency Medical System 2
Operations Fund. 3
(b) (1) There is a Maryland Emergency Medical System Operations Fund. 4
(2) The Comptroller shall administer the Fund, including accounting for 5
all transactions and performing year–end reconciliation. 6
(3) The Fund is a continuing, nonlapsing fund which is not subject to § 7
7–302 of the State Finance and Procurement Article. 8
(4) Interest and earnings on the Fund shall be separately accounted for and 9
credited to the Fund, and are not subject to § 6–226(a) of the State Finance and 10
Procurement Article. 11
(c) The Fund consists of: 12
(1) Registration surcharges collected under § 13–954 of this subtitle; 13
(2) All funds, including charges for accident scene transports and 14
interhospital transfers of patients, generated by an entity specified in subsection (e) of this 15
section that is a unit of State government; and 16
(3) Revenues distributed to the Fund from the surcharges collected under 17
§ 7–301(f) of the Courts Article. 18
(d) Expenditures from the Fund shall be made pursuant to an appropriation 19
approved by the General Assembly in the annual State budget or by the budget amendment 20
procedure provided under § 7–209 of the State Finance and Procurement Article, provided 21
that any budget amendment shall be submitted to and approved by the Legislative Policy 22
Committee prior to the expenditure or obligation of funds. 23
(e) The money in the Fund shall be used solely for: 24
(1) [Medically oriented functions of the Department of State Police, Special 25
Operations Bureau, Aviation Division; 26
(2)] The Maryland Institute for Emergency Medical Services Systems; 27
[(3)] (2) The R Adams Cowley Shock Trauma Center at the University of 28
Maryland Medical System; 29
[(4)] (3) The Maryland Fire and Rescue Institute; 30
HOUSE BILL 1439 15
[(5)] (4) The provision of grants under the Senator William H. Amoss 1
Fire, Rescue, and Ambulance Fund in accordance with the provisions of Title 8, Subtitle 1 2
of the Public Safety Article; and 3
[(6)] (5) The Volunteer Company Assistance Fund in accordance with the 4
provisions of Title 8, Subtitle 2 of the Public Safety Article. 5
21–902. 6
(a) (1) (i) A person may not drive or attempt to drive any vehicle while 7
under the influence of alcohol. 8
(ii) A person may not drive or attempt to drive any vehicle while the 9
person is under the influence of alcohol per se. 10
(iii) A person convicted of a violation of this paragraph is subject to: 11
1. For a first offense, imprisonment not exceeding 1 year or 12
a fine not exceeding [$1,000] $1,100 $1,200 or both; and 13
2. For a second offense, imprisonment not exceeding 2 years 14
or a fine not exceeding [$2,000] $2,200 $2,400 or both. 15
(iv) For the purpose of determining subsequent offender penalties for 16
a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section 17
or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 18
violation of this paragraph, shall be considered a prior conviction. 19
(2) (i) A person may not violate paragraph (1) of this subsection while 20
transporting a minor. 21
(ii) A person convicted of a violation of this paragraph is subject to: 22
1. For a first offense, imprisonment not exceeding 2 years or 23
a fine not exceeding $2,000 or both; and 24
2. For a second offense, imprisonment not exceeding 3 years 25
or a fine not exceeding $3,000 or both. 26
(iii) For the purpose of determining subsequent offender penalties for 27
a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), 28
(c)(2), or (d)(2) of this section shall be considered a prior conviction. 29
(b) (1) (i) A person may not drive or attempt to drive any vehicle while 30
impaired by alcohol. 31
(ii) A person convicted of a violation of this paragraph is subject to: 32 16 HOUSE BILL 1439
1. For a first offense, imprisonment not exceeding 2 months 1
or a fine not exceeding $500 or both; and 2
2. For a second offense, imprisonment not exceeding 1 year 3
or a fine not exceeding $500 or both. 4
(iii) For the purpose of determining subsequent offender penalties for 5
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), 6
or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 7
conviction. 8
(2) (i) A person may not violate paragraph (1) of this subsection while 9
transporting a minor. 10
(ii) A person convicted of a violation of this paragraph is subject to: 11
1. For a first offense, imprisonment not exceeding 1 year or 12
a fine not exceeding [$1,000] $1,100 $1,200 or both; and 13
2. For a second offense, imprisonment not exceeding 2 years 14
or a fine not exceeding [$2,000] $2,200 $2,400 or both. 15
(iii) For the purpose of determining subsequent offender penalties for 16
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 17
(c)(2), or (d)(2) of this section shall be considered a prior conviction. 18
(c) (1) (i) A person may not drive or attempt to drive any vehicle while so 19
far impaired by any drug, any combination of drugs, or a combination of one or more drugs 20
and alcohol that the person cannot drive a vehicle safely. 21
(ii) A person convicted of a violation of this paragraph is subject to: 22
1. For a first offense, imprisonment not exceeding 2 months 23
or a fine not exceeding $500 or both; and 24
2. For a second offense, imprisonment not exceeding 1 year 25
or a fine not exceeding $500 or both. 26
(iii) For the purpose of determining subsequent offender penalties for 27
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), 28
or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 29
conviction. 30
(iv) It is not a defense to any charge of violating this subsection that 31
the person charged is or was entitled under the laws of this State to use the drug, 32
combination of drugs, or combination of one or more drugs and alcohol, unless the person 33 HOUSE BILL 1439 17
was unaware that the drug or combination would make the person incapable of safely 1
driving a vehicle. 2
(2) (i) A person may not violate paragraph (1) of this subsection while 3
transporting a minor. 4
(ii) A person convicted of a violation of this paragraph is subject to: 5
1. For a first offense, imprisonment not exceeding 1 year or 6
a fine not exceeding [$1,000] $1,100 $1,200 or both; and 7
2. For a second offense, imprisonment not exceeding 2 years 8
or a fine not exceeding [$2,000] $2,200 $2,400 or both. 9
(iii) For the purpose of determining subsequent offender penalties for 10
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 11
(b)(2), or (d)(2) of this section shall be considered a prior conviction. 12
(d) (1) (i) A person may not drive or attempt to drive any vehicle while the 13
person is impaired by any controlled dangerous substance, as that term is defined in § 14
5–101 of the Criminal Law Article, if the person is not entitled to use the controlled 15
dangerous substance under the laws of this State. 16
(ii) A person convicted of a violation of this paragraph is subject to: 17
1. For a first offense, imprisonment not exceeding 1 year or 18
a fine not exceeding [$1,000] $1,100 $1,200 or both; and 19
2. For a second offense, imprisonment not exceeding 2 years 20
or a fine not exceeding [$2,000] $2,200 $2,400 or both. 21
(iii) For the purpose of determining subsequent offender penalties for 22
a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section 23
or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 24
violation of this paragraph, shall be considered a prior conviction. 25
(2) (i) A person may not violate paragraph (1) of this subsection while 26
transporting a minor. 27
(ii) A person convicted of a violation of this paragraph is subject to: 28
1. For a first offense, imprisonment not exceeding 2 years or 29
a fine not exceeding $2,000 or both; and 30
2. For a second offense, imprisonment not exceeding 3 years 31
or a fine not exceeding $3,000 or both. 32
18 HOUSE BILL 1439
(iii) For the purpose of determining subsequent offender penalties for 1
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 2
(b)(2), or (c)(2) of this section shall be considered a prior conviction. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
1, 2024. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.