EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb1502* HOUSE BILL 1502 R5 4lr3527 CF SB 1067 By: Delegate Stein Introduced and read first time: February 19, 2024 Assigned to: Rules and Executive Nominations A BILL ENTITLED AN ACT concerning 1 Baltimore County – Speed Monitoring Systems – Interstate 695 2 FOR the purpose of authorizing the placement and use of a certain number of speed 3 monitoring systems on Interstate 695 in Baltimore County; requiring that fines 4 collected by Baltimore County as a result of violations enforced by speed monitoring 5 systems on Interstate 695 be used to assist in covering the cost of roadway and safety 6 improvements on Interstate 695 in Baltimore County; requiring an agency to mail a 7 warning notice instead of a citation for a violation recorded by a speed monitoring 8 system on Interstate 695 in Baltimore County during a certain time period; and 9 generally relating to speed monitoring systems on Interstate 695 in Baltimore 10 County. 11 BY repealing and reenacting, with amendments, 12 Article – Courts and Judicial Proceedings 13 Section 7–302(e)(4) 14 Annotated Code of Maryland 15 (2020 Replacement Volume and 2023 Supplement) 16 BY repealing and reenacting, without amendments, 17 Article – Transportation 18 Section 21–809(a)(1) and (8), (b)(1)(i), and (c) 19 Annotated Code of Maryland 20 (2020 Replacement Volume and 2023 Supplement) 21 BY repealing and reenacting, with amendments, 22 Article – Transportation 23 Section 21–809(b)(1)(vi) through (viii) and (d)(2) 24 Annotated Code of Maryland 25 (2020 Replacement Volume and 2023 Supplement) 26 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27 2 HOUSE BILL 1502 That the Laws of Maryland read as follows: 1 Article – Courts and Judicial Proceedings 2 7–302. 3 (e) (4) (i) Except as provided in paragraph (5) of this subsection, from the 4 fines collected by a political subdivision as a result of violations enforced by speed 5 monitoring systems, school bus monitoring cameras, or bus lane monitoring systems, a 6 political subdivision: 7 1. May recover the costs of implementing and administering 8 the speed monitoring systems, school bus monitoring cameras, or bus lane monitoring 9 systems; and 10 2. Subject to subparagraphs (ii), (iii), [and] (iv), (V), (VI), 11 AND (VII) of this paragraph, may spend any remaining balance solely for public safety 12 purposes, including pedestrian safety programs. 13 (ii) 1. For any fiscal year, if the balance remaining from the fines 14 collected by a political subdivision as a result of violations enforced by speed monitoring 15 systems, after the costs of implementing and administering the systems are recovered in 16 accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 17 revenues of the political subdivision for the fiscal year, the political subdivision shall remit 18 any funds that exceed 10% of the total revenues to the Comptroller. 19 2. The Comptroller shall deposit any money remitted under 20 this subparagraph to the General Fund of the State. 21 (iii) The fines collected by Prince George’s County as a result of 22 violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted 23 to the Comptroller for distribution to the State Highway Administration to be used solely 24 to assist in covering the costs of: 25 1. Examining the engineering, infrastructure, and other 26 relevant factors that may contribute to safety issues on Maryland Route 210 in Prince 27 George’s County; 28 2. Reporting its findings and recommendations on any 29 solutions to these safety issues; and 30 3. Implementing any solutions to these safety issues. 31 (iv) 1. From the fines collected by Baltimore City as a result of 32 violations enforced by speed monitoring systems on Interstate 83, any balance remaining 33 after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to 34 the Comptroller for distribution to the Baltimore City Department of Transportation to be 35 HOUSE BILL 1502 3 used solely to assist in covering the cost of roadway improvements on Interstate 83 in 1 Baltimore City. 2 2. Fines remitted to the Baltimore City Department of 3 Transportation under subsubparagraph 1 of this subparagraph are supplemental to and 4 are not intended to take the place of funding that would otherwise be appropriated for uses 5 described under subsubparagraph 1 of this subparagraph. 6 (v) From the fines collected by Anne Arundel County as a result of 7 violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road) 8 between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 9 County line, any balance remaining after the allocation of fines under subparagraph (i)1 of 10 this paragraph shall be remitted to the Comptroller for distribution to the State Highway 11 Administration to be used solely to assist in covering the cost of speed reduction measures 12 and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road) 13 between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 14 County line. 15 (vi) From the fines collected by the Town of Oxford as a result of 16 violations enforced by speed monitoring systems at the intersection of Maryland Route 333 17 (Oxford Road) and Bonfield Avenue in Talbot County, any balance remaining after the 18 allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to the 19 Comptroller for distribution to the State Highway Administration to be used solely to assist 20 in covering the cost of roadway and pedestrian safety improvements in and around the 21 intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue. 22 (VII) 1. FROM THE FINES COLLEC TED BY BALTIMORE 23 COUNTY AS A RESULT OF VIOLATIONS ENFORCED BY SPEED MONITORING SYSTEMS 24 ON INTERSTATE 695, ANY BALANCE REMAININ G AFTER THE ALLOCATI ON OF FINES 25 UNDER SUBPARAGRAPH (I)1 OF THIS PARAGRAP H SHALL BE REMITTED TO THE 26 COMPTROLLER FOR DISTR IBUTION TO THE STATE HIGHWAY ADMINISTRATION TO 27 BE USED SOLELY TO AS SIST IN COVERING THE COST OF ROADWAY AND SAFETY 28 IMPROVEMENTS ON INTERSTATE 695 IN BALTIMORE COUNTY. 29 2. FINES REMITTED TO THE STATE HIGHWAY 30 ADMINISTRATION UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH ARE 31 SUPPLEMENTAL TO AND ARE NOT INTENDED TO TAKE THE PLACE OF FU NDING THAT 32 WOULD OTHERWISE BE A PPROPRIATED FOR USES DESCRIBED UNDER 33 SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH . 34 Article – Transportation 35 21–809. 36 (a) (1) In this section the following words have the meanings indicated. 37 4 HOUSE BILL 1502 (8) “Speed monitoring system” means a device with one or more motor 1 vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 2 miles per hour above the posted speed limit. 3 (b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 4 under this section unless its use is authorized by the governing body of the local jurisdiction 5 by local law enacted after reasonable notice and a public hearing. 6 (vi) This section applies to a violation of this subtitle recorded by a 7 speed monitoring system that meets the requirements of this subsection and has been 8 placed: 9 1. In Anne Arundel County, Montgomery County, or Prince 10 George’s County, on a highway in a residential district, as defined in § 21–101 of this title, 11 with a maximum posted speed limit of 35 miles per hour, which speed limit was established 12 using generally accepted traffic engineering practices; 13 2. In a school zone with a posted speed limit of at least 20 14 miles per hour; 15 3. In Prince George’s County: 16 A. Subject to subparagraph (vii)1 of this paragraph, on 17 Maryland Route 210 (Indian Head Highway); or 18 B. On that part of a highway located within the grounds of 19 an institution of higher education as defined in § 10–101(h) of the Education Article, or 20 within one–half mile of the grounds of a building or property used by the institution of 21 higher education where generally accepted traffic and engineering practices indicate that 22 motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 23 institution of higher education; 24 4. Subject to subparagraph (vii)2 of this paragraph, on 25 Interstate 83 in Baltimore City; 26 5. In Anne Arundel County, on Maryland Route 175 (Jessup 27 Road) between the Maryland Route 175/295 interchange and the Anne Arundel 28 County–Howard County line; [or] 29 6. Subject to subparagraph (vii)3 of this paragraph, at the 30 intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County; 31 OR 32 7. SUBJECT TO SUBPARAGRA PH (VII)4 OF THIS 33 PARAGRAPH , ON INTERSTATE 695 IN BALTIMORE COUNTY. 34 HOUSE BILL 1502 5 (vii) 1. Not more than six mobile or stationary speed monitoring 1 systems may be placed on Maryland Route 210 (Indian Head Highway). 2 2. Not more than two speed monitoring systems may be 3 placed on Interstate 83 in Baltimore City. 4 3. Not more than one speed monitoring system may be placed 5 at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot 6 County. 7 4. A. NOT MORE THAN 16 SPEED MONITORING 8 SYSTEMS MAY BE PLACE D ON INTERSTATE 695 IN BALTIMORE COUNTY. 9 B. NOT MORE THAN FOUR SP EED MONITORING SYSTE MS 10 MAY BE OPERATED ON INTERSTATE 695 IN BALTIMORE COUNTY AT ANY GIVEN 11 TIME. 12 (viii) Before activating a speed monitoring system, the local 13 jurisdiction shall: 14 1. Publish notice of the location of the speed monitoring 15 system on its website and in a newspaper of general circulation in the jurisdiction; 16 2. Ensure that each sign that designates a school zone is 17 proximate to a sign that: 18 A. Indicates that speed monitoring systems are in use in the 19 school zone; and 20 B. Is in accordance with the manual for and the specifications 21 for a uniform system of traffic control devices adopted by the State Highway Administration 22 under § 25–104 of this article; 23 3. With regard to a speed monitoring system established on 24 Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity 25 to an institution of higher education under subparagraph (vi)3 of this paragraph, on 26 Interstate 83 in Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup 27 Road) between the Maryland Route 175/295 interchange and the Anne Arundel 28 County–Howard County line, [or] at the intersection of Maryland Route 333 (Oxford Road) 29 and Bonfield Avenue in Talbot County, OR ON INTERSTATE 695 IN BALTIMORE 30 COUNTY, ensure that all speed limit signs approaching and within the segment of highway 31 on which the speed monitoring system is located include signs that: 32 A. Are in accordance with the manual and specifications for 33 a uniform system of traffic control devices adopted by the State Highway Administration 34 under § 25–104 of this article; and 35 6 HOUSE BILL 1502 B. Indicate that a speed monitoring system is in use; and 1 4. With regard to a speed monitoring system placed on 2 Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in 3 Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup Road) between 4 the Maryland Route 175/295 interchange and the Anne Arundel County–Howard County 5 line, [or] at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in 6 Talbot County, OR ON INTERSTATE 695 IN BALTIMORE COUNTY, ensure that each sign 7 that indicates that a speed monitoring system is in use is proximate to a device that 8 displays a real–time posting of the speed at which a driver is traveling. 9 (c) (1) Unless the driver of the motor vehicle received a citation from a police 10 officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this 11 section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 12 recorded by a speed monitoring system while being operated in violation of this subtitle. 13 (2) A civil penalty under this subsection may not exceed $40. 14 (3) For purposes of this section, the District Court shall prescribe: 15 (i) A uniform citation form consistent with subsection (d)(1) of this 16 section and § 7–302 of the Courts Article; and 17 (ii) A civil penalty, which shall be indicated on the citation, to be paid 18 by persons who choose to prepay the civil penalty without appearing in District Court. 19 (d) (2) (i) Except as provided in subparagraph (ii) of this paragraph, an 20 agency may mail a warning notice instead of a citation to the owner liable under subsection 21 (c) of this section. 22 (ii) With regard to a speed monitoring system established on 23 Interstate 83 in Baltimore City OR INTERSTATE 695 IN BALTIMORE COUNTY, an agency 24 shall mail a warning notice instead of a citation for a violation recorded by the speed 25 monitoring system during the first 90 days that the speed monitoring system is in 26 operation. 27 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 28 1, 2024. It shall remain effective for a period of 5 years and 1 month and, at the end of June 29 30, 2029, this Act, with no further action required by the General Assembly, shall be 30 abrogated and of no further force and effect. 31