Maryland 2024 Regular Session

Maryland House Bill HB1502 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1502*
66
77 HOUSE BILL 1502
88 R5 4lr3527
99 CF SB 1067
1010 By: Delegate Stein
1111 Introduced and read first time: February 19, 2024
1212 Assigned to: Rules and Executive Nominations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Baltimore County – Speed Monitoring Systems – Interstate 695 2
1919
2020 FOR the purpose of authorizing the placement and use of a certain number of speed 3
2121 monitoring systems on Interstate 695 in Baltimore County; requiring that fines 4
2222 collected by Baltimore County as a result of violations enforced by speed monitoring 5
2323 systems on Interstate 695 be used to assist in covering the cost of roadway and safety 6
2424 improvements on Interstate 695 in Baltimore County; requiring an agency to mail a 7
2525 warning notice instead of a citation for a violation recorded by a speed monitoring 8
2626 system on Interstate 695 in Baltimore County during a certain time period; and 9
2727 generally relating to speed monitoring systems on Interstate 695 in Baltimore 10
2828 County. 11
2929
3030 BY repealing and reenacting, with amendments, 12
3131 Article – Courts and Judicial Proceedings 13
3232 Section 7–302(e)(4) 14
3333 Annotated Code of Maryland 15
3434 (2020 Replacement Volume and 2023 Supplement) 16
3535
3636 BY repealing and reenacting, without amendments, 17
3737 Article – Transportation 18
3838 Section 21–809(a)(1) and (8), (b)(1)(i), and (c) 19
3939 Annotated Code of Maryland 20
4040 (2020 Replacement Volume and 2023 Supplement) 21
4141
4242 BY repealing and reenacting, with amendments, 22
4343 Article – Transportation 23
4444 Section 21–809(b)(1)(vi) through (viii) and (d)(2) 24
4545 Annotated Code of Maryland 25
4646 (2020 Replacement Volume and 2023 Supplement) 26
4747
4848 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27 2 HOUSE BILL 1502
4949
5050
5151 That the Laws of Maryland read as follows: 1
5252
5353 Article – Courts and Judicial Proceedings 2
5454
5555 7–302. 3
5656
5757 (e) (4) (i) Except as provided in paragraph (5) of this subsection, from the 4
5858 fines collected by a political subdivision as a result of violations enforced by speed 5
5959 monitoring systems, school bus monitoring cameras, or bus lane monitoring systems, a 6
6060 political subdivision: 7
6161
6262 1. May recover the costs of implementing and administering 8
6363 the speed monitoring systems, school bus monitoring cameras, or bus lane monitoring 9
6464 systems; and 10
6565
6666 2. Subject to subparagraphs (ii), (iii), [and] (iv), (V), (VI), 11
6767 AND (VII) of this paragraph, may spend any remaining balance solely for public safety 12
6868 purposes, including pedestrian safety programs. 13
6969
7070 (ii) 1. For any fiscal year, if the balance remaining from the fines 14
7171 collected by a political subdivision as a result of violations enforced by speed monitoring 15
7272 systems, after the costs of implementing and administering the systems are recovered in 16
7373 accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 17
7474 revenues of the political subdivision for the fiscal year, the political subdivision shall remit 18
7575 any funds that exceed 10% of the total revenues to the Comptroller. 19
7676
7777 2. The Comptroller shall deposit any money remitted under 20
7878 this subparagraph to the General Fund of the State. 21
7979
8080 (iii) The fines collected by Prince George’s County as a result of 22
8181 violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted 23
8282 to the Comptroller for distribution to the State Highway Administration to be used solely 24
8383 to assist in covering the costs of: 25
8484
8585 1. Examining the engineering, infrastructure, and other 26
8686 relevant factors that may contribute to safety issues on Maryland Route 210 in Prince 27
8787 George’s County; 28
8888
8989 2. Reporting its findings and recommendations on any 29
9090 solutions to these safety issues; and 30
9191
9292 3. Implementing any solutions to these safety issues. 31
9393
9494 (iv) 1. From the fines collected by Baltimore City as a result of 32
9595 violations enforced by speed monitoring systems on Interstate 83, any balance remaining 33
9696 after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to 34
9797 the Comptroller for distribution to the Baltimore City Department of Transportation to be 35 HOUSE BILL 1502 3
9898
9999
100100 used solely to assist in covering the cost of roadway improvements on Interstate 83 in 1
101101 Baltimore City. 2
102102
103103 2. Fines remitted to the Baltimore City Department of 3
104104 Transportation under subsubparagraph 1 of this subparagraph are supplemental to and 4
105105 are not intended to take the place of funding that would otherwise be appropriated for uses 5
106106 described under subsubparagraph 1 of this subparagraph. 6
107107
108108 (v) From the fines collected by Anne Arundel County as a result of 7
109109 violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road) 8
110110 between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 9
111111 County line, any balance remaining after the allocation of fines under subparagraph (i)1 of 10
112112 this paragraph shall be remitted to the Comptroller for distribution to the State Highway 11
113113 Administration to be used solely to assist in covering the cost of speed reduction measures 12
114114 and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road) 13
115115 between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 14
116116 County line. 15
117117
118118 (vi) From the fines collected by the Town of Oxford as a result of 16
119119 violations enforced by speed monitoring systems at the intersection of Maryland Route 333 17
120120 (Oxford Road) and Bonfield Avenue in Talbot County, any balance remaining after the 18
121121 allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to the 19
122122 Comptroller for distribution to the State Highway Administration to be used solely to assist 20
123123 in covering the cost of roadway and pedestrian safety improvements in and around the 21
124124 intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue. 22
125125
126126 (VII) 1. FROM THE FINES COLLEC TED BY BALTIMORE 23
127127 COUNTY AS A RESULT OF VIOLATIONS ENFORCED BY SPEED MONITORING SYSTEMS 24
128128 ON INTERSTATE 695, ANY BALANCE REMAININ G AFTER THE ALLOCATI ON OF FINES 25
129129 UNDER SUBPARAGRAPH (I)1 OF THIS PARAGRAP H SHALL BE REMITTED TO THE 26
130130 COMPTROLLER FOR DISTR IBUTION TO THE STATE HIGHWAY ADMINISTRATION TO 27
131131 BE USED SOLELY TO AS SIST IN COVERING THE COST OF ROADWAY AND SAFETY 28
132132 IMPROVEMENTS ON INTERSTATE 695 IN BALTIMORE COUNTY. 29
133133
134134 2. FINES REMITTED TO THE STATE HIGHWAY 30
135135 ADMINISTRATION UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH ARE 31
136136 SUPPLEMENTAL TO AND ARE NOT INTENDED TO TAKE THE PLACE OF FU NDING THAT 32
137137 WOULD OTHERWISE BE A PPROPRIATED FOR USES DESCRIBED UNDER 33
138138 SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH . 34
139139
140140 Article – Transportation 35
141141
142142 21–809. 36
143143
144144 (a) (1) In this section the following words have the meanings indicated. 37
145145 4 HOUSE BILL 1502
146146
147147
148148 (8) “Speed monitoring system” means a device with one or more motor 1
149149 vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 2
150150 miles per hour above the posted speed limit. 3
151151
152152 (b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 4
153153 under this section unless its use is authorized by the governing body of the local jurisdiction 5
154154 by local law enacted after reasonable notice and a public hearing. 6
155155
156156 (vi) This section applies to a violation of this subtitle recorded by a 7
157157 speed monitoring system that meets the requirements of this subsection and has been 8
158158 placed: 9
159159
160160 1. In Anne Arundel County, Montgomery County, or Prince 10
161161 George’s County, on a highway in a residential district, as defined in § 21–101 of this title, 11
162162 with a maximum posted speed limit of 35 miles per hour, which speed limit was established 12
163163 using generally accepted traffic engineering practices; 13
164164
165165 2. In a school zone with a posted speed limit of at least 20 14
166166 miles per hour; 15
167167
168168 3. In Prince George’s County: 16
169169
170170 A. Subject to subparagraph (vii)1 of this paragraph, on 17
171171 Maryland Route 210 (Indian Head Highway); or 18
172172
173173 B. On that part of a highway located within the grounds of 19
174174 an institution of higher education as defined in § 10–101(h) of the Education Article, or 20
175175 within one–half mile of the grounds of a building or property used by the institution of 21
176176 higher education where generally accepted traffic and engineering practices indicate that 22
177177 motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 23
178178 institution of higher education; 24
179179
180180 4. Subject to subparagraph (vii)2 of this paragraph, on 25
181181 Interstate 83 in Baltimore City; 26
182182
183183 5. In Anne Arundel County, on Maryland Route 175 (Jessup 27
184184 Road) between the Maryland Route 175/295 interchange and the Anne Arundel 28
185185 County–Howard County line; [or] 29
186186
187187 6. Subject to subparagraph (vii)3 of this paragraph, at the 30
188188 intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County; 31
189189 OR 32
190190
191191 7. SUBJECT TO SUBPARAGRA PH (VII)4 OF THIS 33
192192 PARAGRAPH , ON INTERSTATE 695 IN BALTIMORE COUNTY. 34
193193 HOUSE BILL 1502 5
194194
195195
196196 (vii) 1. Not more than six mobile or stationary speed monitoring 1
197197 systems may be placed on Maryland Route 210 (Indian Head Highway). 2
198198
199199 2. Not more than two speed monitoring systems may be 3
200200 placed on Interstate 83 in Baltimore City. 4
201201
202202 3. Not more than one speed monitoring system may be placed 5
203203 at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot 6
204204 County. 7
205205
206206 4. A. NOT MORE THAN 16 SPEED MONITORING 8
207207 SYSTEMS MAY BE PLACE D ON INTERSTATE 695 IN BALTIMORE COUNTY. 9
208208
209209 B. NOT MORE THAN FOUR SP EED MONITORING SYSTE MS 10
210210 MAY BE OPERATED ON INTERSTATE 695 IN BALTIMORE COUNTY AT ANY GIVEN 11
211211 TIME. 12
212212
213213 (viii) Before activating a speed monitoring system, the local 13
214214 jurisdiction shall: 14
215215
216216 1. Publish notice of the location of the speed monitoring 15
217217 system on its website and in a newspaper of general circulation in the jurisdiction; 16
218218
219219 2. Ensure that each sign that designates a school zone is 17
220220 proximate to a sign that: 18
221221
222222 A. Indicates that speed monitoring systems are in use in the 19
223223 school zone; and 20
224224
225225 B. Is in accordance with the manual for and the specifications 21
226226 for a uniform system of traffic control devices adopted by the State Highway Administration 22
227227 under § 25–104 of this article; 23
228228
229229 3. With regard to a speed monitoring system established on 24
230230 Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity 25
231231 to an institution of higher education under subparagraph (vi)3 of this paragraph, on 26
232232 Interstate 83 in Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup 27
233233 Road) between the Maryland Route 175/295 interchange and the Anne Arundel 28
234234 County–Howard County line, [or] at the intersection of Maryland Route 333 (Oxford Road) 29
235235 and Bonfield Avenue in Talbot County, OR ON INTERSTATE 695 IN BALTIMORE 30
236236 COUNTY, ensure that all speed limit signs approaching and within the segment of highway 31
237237 on which the speed monitoring system is located include signs that: 32
238238
239239 A. Are in accordance with the manual and specifications for 33
240240 a uniform system of traffic control devices adopted by the State Highway Administration 34
241241 under § 25–104 of this article; and 35 6 HOUSE BILL 1502
242242
243243
244244
245245 B. Indicate that a speed monitoring system is in use; and 1
246246
247247 4. With regard to a speed monitoring system placed on 2
248248 Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in 3
249249 Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup Road) between 4
250250 the Maryland Route 175/295 interchange and the Anne Arundel County–Howard County 5
251251 line, [or] at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in 6
252252 Talbot County, OR ON INTERSTATE 695 IN BALTIMORE COUNTY, ensure that each sign 7
253253 that indicates that a speed monitoring system is in use is proximate to a device that 8
254254 displays a real–time posting of the speed at which a driver is traveling. 9
255255
256256 (c) (1) Unless the driver of the motor vehicle received a citation from a police 10
257257 officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this 11
258258 section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 12
259259 recorded by a speed monitoring system while being operated in violation of this subtitle. 13
260260
261261 (2) A civil penalty under this subsection may not exceed $40. 14
262262
263263 (3) For purposes of this section, the District Court shall prescribe: 15
264264
265265 (i) A uniform citation form consistent with subsection (d)(1) of this 16
266266 section and § 7–302 of the Courts Article; and 17
267267
268268 (ii) A civil penalty, which shall be indicated on the citation, to be paid 18
269269 by persons who choose to prepay the civil penalty without appearing in District Court. 19
270270
271271 (d) (2) (i) Except as provided in subparagraph (ii) of this paragraph, an 20
272272 agency may mail a warning notice instead of a citation to the owner liable under subsection 21
273273 (c) of this section. 22
274274
275275 (ii) With regard to a speed monitoring system established on 23
276276 Interstate 83 in Baltimore City OR INTERSTATE 695 IN BALTIMORE COUNTY, an agency 24
277277 shall mail a warning notice instead of a citation for a violation recorded by the speed 25
278278 monitoring system during the first 90 days that the speed monitoring system is in 26
279279 operation. 27
280280
281281 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 28
282282 1, 2024. It shall remain effective for a period of 5 years and 1 month and, at the end of June 29
283283 30, 2029, this Act, with no further action required by the General Assembly, shall be 30
284284 abrogated and of no further force and effect. 31
285285