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.
*sb1092*
SENATE BILL 1092
J1, R4 4lr1874
By: Senator Guzzone
Introduced and read first time: February 2, 2024
Assigned to: Budget and Taxation
Committee Report: Favorable with amendments
Committee amendments withdrawn, March 2, 2024
Senate action: Adopted with substitute committee amendments, March 2, 2024
Read second time: March 2, 2024
CHAPTER ______
AN ACT concerning 1
Vehicle Registration – Emergency Medical System Surcharge – Increase and 2
Distribution of Funds 3
Emergency Services – Funding 4
FOR the purpose of increasing the motor vehicle registration emergency medical system 5
surcharge for certain motor vehicles; providing for the distribution of revenues 6
derived from the surcharge; and generally relating to the emergency medical system 7
surcharge for motor vehicle registration altering certain provisions of law related to 8
the Maryland Trauma Physician Services Fund, including provisions related to the 9
contents and sources of the funding, transfer of money from the Fund, and the 10
methodology used to determine eligibility for disbursements from the Fund; 11
increasing the fines for certain violations of the Maryland Vehicle Law related to 12
driving while impaired; altering the authorized uses of the Maryland Emergency 13
Medical System Operations Fund; stating that it is the intent of the General 14
Assembly that the annual appropriation to the Senator William H. Amoss Fire, 15
Rescue, and Ambulance Fund be increased to at least a certain amount beginning in 16
a certain fiscal year; and generally relating to the funding for emergency services. 17
BY repealing and reenacting, without amendments, 18
Article – Health – General 19
Section 19–101 20
Annotated Code of Maryland 21
(2023 Replacement Volume) 22
2 SENATE BILL 1092
BY repealing and reenacting, with amendments, 1
Article – Health – General 2
Section 19–130 3
Annotated Code of Maryland 4
(2023 Replacement Volume) 5
BY repealing and reenacting, without amendments, 6
Article – Public Safety 7
Section 8–102(a) 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2023 Supplement) 10
BY adding to 11
Article – Public Safety 12
Section 8–102(g) 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Transportation 17
Section 13–954 and 21–902(a) through (d) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Transportation 22
Section 13–955 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2023 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
Article – Health – General 28
19–101. 29
In this subtitle, “Commission” means the Maryland Health Care Commission. 30
19–130. 31
(a) (1) In this section the following words have the meanings indicated. 32
(2) “Fund” means the Maryland Trauma Physician Services Fund. 33
(3) “Maryland Trauma Specialty Referral Centers” means: 34
SENATE BILL 1092 3
(i) The Johns Hopkins Health System Burn Program; 1
(ii) The Eye Trauma Center at the Wilmer Eye Institute at The 2
Johns Hopkins Hospital; and 3
(iii) The Curtis National Hand Center at Union Memorial Hospital. 4
(4) “REASONABLE COMPENSATI ON EQUIVALENT” MEANS THE 5
LIMITATION ON THE CO ST ESTABLISHED BY TH E CENTERS FOR MEDICARE AND 6
MEDICAID SERVICES THAT A PROVI DER MAY CLAIM FOR CO MPENSATION OF 7
SERVICES. 8
[(4)] (5) “Rehabilitation hospital” means a facility classified as a special 9
rehabilitation hospital as described in § 19–307 of this title that is affiliated with a trauma 10
center by common ownership. 11
[(5)] (6) (i) “Trauma center” means a facility designated by the 12
Maryland Institute for Emergency Medical Services Systems as: 13
1. The State primary adult resource center; 14
2. A Level I trauma center; 15
3. A Level II trauma center; 16
4. A Level III trauma center; 17
5. A pediatric trauma center; or 18
6. The Maryland Trauma Specialty Referral Centers. 19
(ii) “Trauma center” includes an out–of–state pediatric trauma 20
center that has entered into an agreement with the Maryland Institute for Emergency 21
Medical Services Systems. 22
(7) “TRAUMA HEALTH CARE PR ACTITIONER” MEANS A HEALTH CARE 23
PRACTITIONER LICENSE D UNDER THE HEALTH OCCUPATIONS ARTICLE WHO 24
PROVIDES CARE IN A T RAUMA CENTER OR IN A REHABILITATION HOSPI TAL TO 25
TRAUMA PATIENTS ON T HE STATE TRAUMA REGISTRY AS DEFINED BY THE 26
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS. 27
[(6)] (8) “Trauma physician” means a physician who provides care in a 28
trauma center or in a rehabilitation hospital to trauma patients on the State trauma 29
registry as defined by the Maryland Institute for Emergency Medical Services Systems. 30
4 SENATE BILL 1092
[(7)] (9) “Uncompensated care” means care provided by a trauma 1
physician OR A TRAUMA HEALTH C ARE PRACTITIONER to a trauma patient on the State 2
trauma registry who: 3
(i) Has no health insurance, including Medicare Part B coverage; 4
(ii) Is not eligible for medical assistance coverage; and 5
(iii) Has not paid the trauma physician OR TRAUMA HEALTH CAR E 6
PRACTITIONER for care provided by the trauma physician OR TRAUMA HEALTH CAR E 7
PRACTITIONER , after documented attempts by the trauma physician OR TRAUMA 8
HEALTH CARE PRACTITI ONER to collect payment. 9
(b) (1) There is a Maryland Trauma Physician Services Fund. 10
(2) The purpose of the Fund is to subsidize the documented costs: 11
(i) Of uncompensated care incurred by a trauma physician OR 12
TRAUMA HEALTH CARE PRACTITIONER in providing trauma care to a trauma patient on 13
the State trauma registry; 14
(ii) Of undercompensated care incurred by a trauma physician OR 15
TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to an enrollee of the 16
Maryland Medical Assistance Program who is a trauma patient on the State trauma 17
registry; 18
(iii) Incurred by a trauma center to maintain trauma physicians 19
on–call as required by the Maryland Institute for Emergency Medical Services Systems; 20
(iv) Incurred by the State primary adult resource center to maintain 21
trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call and 22
on standby as required by the Maryland Institute for Emergency Medical Services Systems; 23
and 24
(v) Incurred by the Commission and the Health Services Cost 25
Review Commission to administer the Fund and audit reimbursement requests to assure 26
appropriate payments are made from the Fund. 27
(3) The Commission and the Health Services Cost Review Commission 28
shall administer the Fund. 29
(4) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 30
the State Finance and Procurement Article. 31
SENATE BILL 1092 5
(5) Interest on and other income from the Fund shall be separately 1
accounted for and credited to the Fund, and are not subject to § 6–226(a) of the State 2
Finance and Procurement Article. 3
(c) The Fund consists of [motor]: 4
(1) MOTOR vehicle registration surcharges paid into the Fund in 5
accordance with § 13–954(b)(2) of the Transportation Article; 6
(2) AT LEAST 10% OF THE FINES COLLECTED UNDE R § 21–902(A)(1), 7
(B)(2), (C)(2), AND (D)(1) OF THE TRANSPORTATION ARTICLE; AND 8
(3) ANY OTHER MONEY TRANS FERRED FROM THE GENERAL FUND OF 9
THE STATE. 10
(d) (1) Disbursements from the Fund shall be made in accordance with a 11
methodology established jointly by the Commission and the Health Services Cost Review 12
Commission to calculate costs incurred by trauma physicians and trauma centers that are 13
eligible to receive reimbursement under subsection (b) of this section. 14
(2) The Fund shall transfer to the Maryland Department of Health an 15
amount sufficient to fully cover the State’s share of expenditures for the costs of 16
undercompensated care incurred by a trauma physician in providing trauma care to an 17
enrollee of the Maryland Medical Assistance Program who is a trauma patient on the State 18
trauma registry. 19
(3) The methodology developed under paragraph (1) of this subsection 20
shall: 21
(i) Take into account: 22
1. The amount of uncompensated care provided by trauma 23
physicians; 24
2. The amount of undercompensated care attributable to the 25
treatment of Medicaid enrollees in trauma centers; 26
3. The cost of maintaining trauma physicians on–call; 27
4. The number of patients served by trauma physicians in 28
trauma centers; 29
5. The number of Maryland residents served by trauma 30
physicians in trauma centers; and 31
6 SENATE BILL 1092
6. The extent to which trauma–related costs are otherwise 1
subsidized by hospitals, the federal government, and other sources; and 2
(ii) Include an incentive to encourage hospitals to continue to 3
subsidize trauma–related costs not otherwise included in hospital rates. 4
(4) The methodology developed under paragraph (1) of this subsection shall 5
use the following parameters to determine the amount of reimbursement made to trauma 6
physicians and trauma centers from the Fund: 7
(i) 1. The cost incurred by a Level II trauma center to maintain 8
trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed: 9
A. At a rate of up to [30%] 60% of the reasonable [cost 10
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 11
current year by the physician compensation component of the Medicare economic index as 12
designated by the Centers for Medicare and Medicaid Services; and 13
B. For the minimum number of trauma physicians required 14
to be on–call, as specified by the Maryland Institute for Emergency Medical Services 15
Systems in its criteria for Level II trauma centers; 16
2. The cost incurred by a Level III trauma center to maintain 17
trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall 18
be reimbursed: 19
A. At a rate of up to [35%] 60% of the reasonable [cost 20
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 21
current year by the physician compensation component of the Medicare economic index as 22
designated by the Centers for Medicare and Medicaid Services; and 23
B. For the minimum number of trauma physicians required 24
to be on–call, as specified by the Maryland Institute for Emergency Medical Services 25
Systems in its criteria for Level III trauma centers; 26
3. The cost incurred by a Level I trauma center or pediatric 27
trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons 28
on–call when a post–graduate resident is attending in the trauma center shall be 29
reimbursed: 30
A. At a rate of up to [30%] 60% of the reasonable [cost 31
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 32
current year by the physician compensation component of the Medicare economic index as 33
designated by the Centers for Medicare and Medicaid Services; and 34
SENATE BILL 1092 7
B. When a post –graduate resident is [permitted] 1
AUTHORIZED to be in the trauma center, as specified by the Maryland Institute for 2
Emergency Medical Services Systems in its criteria for Level I trauma centers or pediatric 3
trauma centers; 4
4. The cost incurred by a Maryland Trauma Specialty 5
Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a 6
post–graduate resident is attending in the Center shall be reimbursed: 7
A. At a rate of up to [30%] 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 Center, as specified by the Maryland Institute for Emergency 13
Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center; 14
and 15
5. A. A Level II trauma center is eligible for a maximum 16
of [24,500] 26,280 hours of trauma on–call per year; 17
B. A Level III trauma center is eligible for a maximum of 18
35,040 hours of trauma on–call per year; 19
C. A Level I trauma center shall be eligible for a maximum of 20
4,380 hours of trauma on–call per year; 21
D. A pediatric trauma center shall be eligible for a maximum 22
of 4,380 hours of trauma on–call per year; and 23
E. A Maryland Trauma Specialty Referral Center shall be 24
eligible for a maximum of 2,190 hours of trauma on–call per year; 25
(ii) The cost of undercompensated care incurred by a trauma 26
physician in providing trauma care to enrollees of the Maryland Medical Assistance 27
Program who are trauma patients on the State trauma registry shall be reimbursed at a 28
rate of up to 100% of the Medicare payment for the service, minus any amount paid by the 29
Maryland Medical Assistance Program; 30
(iii) The cost of uncompensated care incurred by a trauma physician 31
in providing trauma care to trauma patients on the State trauma registry shall be 32
reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries 33
made by the trauma physician for the care; 34
8 SENATE BILL 1092
(iv) The Commission, in consultation with the Health Services Cost 1
Review Commission, may establish a payment rate for uncompensated care incurred by a 2
trauma physician in providing trauma care to trauma patients on the State trauma registry 3
that is above 100% of the Medicare payment for the service if: 4
1. The Commission determines that increasing the payment 5
rate above 100% of the Medicare payment for the service will address an unmet need in the 6
State trauma system; and 7
2. The Commission reports on its intention to increase the 8
payment rate to the Senate Finance Committee and the House Health and Government 9
Operations Committee, in accordance with § 2–1257 of the State Government Article, at 10
least 60 days before any adjustment to the rate; 11
(v) The Commission shall develop guidelines for the reimbursement 12
of the documented costs of the State primary adult resource center under subsection 13
(b)(2)(iv) of this section; [and] 14
(VI) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 15
SERVICES COST REVIEW COMMISSION, MAY CHANGE THE PERCE NTAGE OF THE 16
REASONABLE COMPENSAT ION EQUIVALENT PAID TO TRAUMA HOSPITALS IF: 17
1. THE COMMISSION DETERMINES THAT THE 18
PROJECTED REVENUE TO BE COLLECTED IN THE FUND IS ADEQUATE TO S UPPORT 19
THE PROPOSED INCREAS E IN THE PERC ENTAGE OF REASONABLE COMPENSATION 20
EQUIVALENT INFLATED TO THE CURRENT YEAR BY THE PHYSICIAN COM PENSATION 21
COMPONENT OF THE MEDICARE ECONOMIC IND EX; AND 22
2. THE COMMISSION REPORTS ON ITS INTENTION TO 23
CHANGE THE PERCENTAG E OF REASONABLE COMP ENSATION EQUIVA LENT TO BE 24
PAID FOR ON–CALL COSTS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE 25
HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 26
2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY 27
ADJUSTMENT TO THE AL LOWABLE HOURS ; 28
(VII) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 29
SERVICES COST REVIEW COMMISSION, MAY CHANGE THE NUMBE R OF ALLOWABLE 30
HOURS OF TRAUMA ON –CALL EACH YEAR IF TH E COMMISSION REPORTS ON ITS 31
INTENTION TO CHANGE THE NUMBER OF ALLOWA BLE HOURS TO THE SENATE 32
FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 33
COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 34
ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJU STMENT TO THE ALLOWA BLE HOURS; 35
SENATE BILL 1092 9
(VIII) THE COMMISSION MAY MODIFY THE PERCENTAGE PAID , 1
AND THE MAXIMUM NUMBER O F HOURS ALLOWED , FOR ON–CALL CARE NOT MORE 2
THAN ONCE EACH YEAR ; AND 3
[(vi)] (IX) The total reimbursement to emergency physicians from 4
the Fund may not exceed $300,000 annually. 5
(5) In order to receive reimbursement, a trauma physician OR TRAUMA 6
HEALTH CARE PRACTITI ONER in the case of costs of uncompensated care under 7
subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under 8
subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner 9
approved by the Commission and the Health Services Cost Review Commission. 10
(6) (i) The Commission and the Health Services Cost Review 11
Commission shall adopt regulations that specify the information that trauma physicians, 12
TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers must submit to receive 13
money from the Fund. 14
(ii) The information required shall include: 15
1. The name and federal tax identification number of the 16
trauma physician rendering the service; 17
2. The date of the service; 18
3. Appropriate codes describing the service; 19
4. Any amount recovered for the service rendered; 20
5. The name of the trauma patient; 21
6. The patient’s trauma registry number; and 22
7. Any other information the Commission and the Health 23
Services Cost Review Commission consider necessary to disburse money from the Fund. 24
(iii) It is the intent of the General Assembly that trauma physicians 25
and trauma centers shall cooperate with the Commission and the Health Services Cost 26
Review Commission by providing information required under this paragraph in a timely 27
and complete manner. 28
(e) (1) Except as provided in paragraph (2) of this subsection and 29
notwithstanding any other provision of law, expenditures from the Fund for costs incurred 30
in any fiscal year may not exceed revenues of the Fund. 31
10 SENATE BILL 1092
(2) (i) The Commission, in consultation with the Health Services Cost 1
Review Commission and the Maryland Institute for Emergency Medical Services Systems, 2
shall develop a process for the award of grants to LEVEL I, Level II, and Level III trauma 3
centers [in the State to be used for equipment primarily used] in the delivery of trauma 4
care. 5
(ii) 1. The Commission shall issue grants under this paragraph 6
from any balance carried over to the Fund from prior fiscal years. 7
2. [The total amount of grants awarded under this 8
paragraph in a fiscal year may not exceed 10% of the balance remaining in the Fund at the 9
end of the fiscal year immediately prior to the fiscal year in which grants are awarded] 10
THE TOTAL AMOUNT OF G RANTS AWARDED UNDER THIS PARAGRAPH IN A FISCAL 11
YEAR MAY NOT REDUCE THE BALANCE REMAININ G IN THE FUND AT THE END OF TH E 12
FISCAL YEAR TO LESS THAN 15% OF THE REVENUE COLLE CTED IN THAT FISCAL 13
YEAR. 14
(iii) The process developed by the Commission for the award of grants 15
under this paragraph shall include: 16
1. Grant applications and review and selection criteria for 17
the award of grants; 18
2. Review by the Commission, if necessary, for any project 19
that exceeds certificate of need thresholds; and 20
3. Any other procedure determined necessary by the 21
Commission. 22
(iv) Before awarding grants under this subsection in a fiscal year, the 23
Commission shall report to the Senate Finance Committee and the House Health and 24
Government Operations Committee, in accordance with § 2–1257 of the State Government 25
Article, on the process that the Commission has developed for awarding grants in that fiscal 26
year. 27
(f) On or before November 1 of each year, the Commission and the Health 28
Services Cost Review Commission shall report to the General Assembly, in accordance with 29
§ 2–1257 of the State Government Article, on: 30
(1) The amount of money in the Fund on the last day of the previous fiscal 31
year; 32
(2) The amount of money applied for by trauma physicians, TRAUMA 33
HEALTH CARE PRACTITI ONERS, and trauma centers during the previous fiscal year; 34
SENATE BILL 1092 11
(3) The amount of money distributed in the form of trauma physician, 1
TRAUMA HEALTH CARE P RACTITIONER, and trauma center reimbursements during the 2
previous fiscal year; 3
(4) Any recommendations for altering the manner in which trauma 4
physicians, TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers are 5
reimbursed from the Fund; 6
(5) The costs incurred in administering the Fund during the previous fiscal 7
year; [and] 8
(6) The amount that each hospital that participates in the Maryland 9
trauma system and that has a trauma center contributes toward the subsidization of 10
trauma–related costs for its trauma center; 11
(7) THE AMOUNT THE HEALTH SERVICES COST REVIEW 12
COMMISSION ALLOWED : 13
(I) IN HOSPITAL RATES FOR TRAUMA STANDBY ; 14
(II) FOR MAINTAINING MARYLAND INSTITUTE FOR 15
EMERGENCY MEDICAL SERVICES SYSTEMS TRAUMA PROTOC OLS; 16
(III) FOR PROCURING SPECIAL IZED TRAUMA EQUIPMEN T; AND 17
(IV) FOR PROVIDING TRAUMA EDUCATION AND TRAINI NG; AND 18
(8) ANY IMPROVEMENTS MADE BY TRAUMA CENTERS AS A RESULT OF 19
AN INCREASE IN FUNDI NG. 20
(G) THE COMMISSION SHALL AWAR D AN ANNUAL GRANT FR OM THE FUND 21
IN THE AMOUNT UP TO $1,800,000 TO LEVEL I PEDIATRIC TRAUMA CEN TERS AS 22
FOLLOWS: 23
(1) UP TO $900,000 TO JOHNS HOPKINS CHILDREN’S CENTER; AND 24
(2) UP TO $900,000 TO CHILDREN’S NATIONAL MEDICAL CENTER. 25
Article – Public Safety 26
8–102. 27
(a) There is a Senator William H. Amoss Fire, Rescue, and Ambulance Fund. 28
12 SENATE BILL 1092
(G) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL INCLUD E AN 1
ANNUAL APPROPRIATION TO THE FUND OF AT LEAST $16,500,000. 2
Article – Transportation 3
13–954. 4
(a) In this section, “motor vehicle” means a: 5
(1) Class A (passenger) vehicle; 6
(2) Class B (for hire) vehicle; 7
(3) Class C (funeral and ambulance) vehicle; 8
(4) Class D (motorcycle) vehicle; 9
(5) Class E (truck) vehicle; 10
(6) Class F (tractor) vehicle; 11
(7) Class H (school) vehicle; 12
(8) Class J (vanpool) vehicle; 13
(9) Class M (multipurpose) vehicle; 14
(10) Class P (passenger bus) vehicle; 15
(11) Class Q (limousine) vehicle; 16
(12) Class R (low speed) vehicle; or 17
(13) Vehicle within any other class designated by the Administrator. 18
(b) (1) In addition to the registration fee otherwise required by this title, the 19
owner of any motor vehicle registered under this title shall pay a surcharge of [$17.00] 20
$40.00 per year for each motor vehicle registered. 21
(2) (I) [$2.50] $7.50 of the surcharge collected under paragraph (1) of 22
this subsection shall be paid into the Maryland Trauma Physician Services Fund 23
established under § 19–130 of the Health – General Article. 24
(II) THE GOVERNOR ANNUALLY SHA LL ALLOCATE AT LEAST 25
$9.00 OF THE SURCHARGE COL LECTED UNDER PARAGRA PH (1) OF THIS 26
SUBSECTION TO THE R ADAMS COWLEY SHOCK TRAUMA CENTER. 27 SENATE BILL 1092 13
(III) THE BALANCE OF THE SU RCHARGE COLLECTED UN DER 1
PARAGRAPH (1) OF THIS SUBSECTION S HALL BE PAID TO THE MARYLAND 2
EMERGENCY MEDICAL SYSTEM OPERATIONS FUND ESTABLISHED UNDE R § 13–955 3
OF THIS SUBTITLE. 4
13–955. 5
(a) In this section, “Fund” means the Maryland Emergency Medical System 6
Operations Fund. 7
(b) (1) There is a Maryland Emergency Medical System Operations Fund. 8
(2) The Comptroller shall administer the Fund, including accounting for 9
all transactions and performing year–end reconciliation. 10
(3) The Fund is a continuing, nonlapsing fund which is not subject to § 11
7–302 of the State Finance and Procurement Article. 12
(4) Interest and earnings on the Fund shall be separately accounted for and 13
credited to the Fund, and are not subject to § 6–226(a) of the State Finance and 14
Procurement Article. 15
(c) The Fund consists of: 16
(1) Registration surcharges collected under § 13–954 of this subtitle; 17
(2) All funds, including charges for accident scene transports and 18
interhospital transfers of patients, generated by an entity specified in subsection (e) of this 19
section that is a unit of State government; and 20
(3) Revenues distributed to the Fund from the surcharges collected under 21
§ 7–301(f) of the Courts Article. 22
(d) Expenditures from the Fund shall be made pursuant to an appropriation 23
approved by the General Assembly in the annual State budget or by the budget amendment 24
procedure provided under § 7–209 of the State Finance and Procurement Article, provided 25
that any budget amendment shall be submitted to and approved by the Legislative Policy 26
Committee prior to the expenditure or obligation of funds. 27
(e) The money in the Fund shall be used solely for: 28
(1) Medically oriented functions of the Department of State Police, Special 29
Operations Bureau, Aviation Division; 30
(2) The Maryland Institute for Emergency Medical Services Systems; 31
14 SENATE BILL 1092
(3) The R Adams Cowley Shock Trauma Center at the University of 1
Maryland Medical System; 2
(4) The Maryland Fire and Rescue Institute; 3
(5) The provision of grants under the Senator William H. Amoss Fire, 4
Rescue, and Ambulance Fund in accordance with the provisions of Title 8, Subtitle 1 of the 5
Public Safety Article; and 6
(6) The Volunteer Company Assistance Fund in accordance with the 7
provisions of Title 8, Subtitle 2 of the Public Safety Article. 8
21–902. 9
(a) (1) (i) A person may not drive or attempt to drive any vehicle while 10
under the influence of alcohol. 11
(ii) A person may not drive or attempt to drive any vehicle while the 12
person is under the influence of alcohol per se. 13
(iii) A person convicted of a violation of this paragraph is subject to: 14
1. For a first offense, imprisonment not exceeding 1 year or 15
a fine not exceeding [$1,000] $1,100 or both; and 16
2. For a second offense, imprisonment not exceeding 2 years 17
or a fine not exceeding [$2,000] $2,200 or both. 18
(iv) For the purpose of determining subsequent offender penalties for 19
a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section 20
or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 21
violation of this paragraph, shall be considered a prior conviction. 22
(2) (i) A person may not violate paragraph (1) of this subsection while 23
transporting a minor. 24
(ii) A person convicted of a violation of this paragraph is subject to: 25
1. For a first offense, imprisonment not exceeding 2 years or 26
a fine not exceeding $2,000 or both; and 27
2. For a second offense, imprisonment not exceeding 3 years 28
or a fine not exceeding $3,000 or both. 29
(iii) For the purpose of determining subsequent offender penalties for 30
a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), 31
(c)(2), or (d)(2) of this section shall be considered a prior conviction. 32 SENATE BILL 1092 15
(b) (1) (i) A person may not drive or attempt to drive any vehicle while 1
impaired by alcohol. 2
(ii) A person convicted of a violation of this paragraph is subject to: 3
1. For a first offense, imprisonment not exceeding 2 months 4
or a fine not exceeding $500 or both; and 5
2. For a second offense, imprisonment not exceeding 1 year 6
or a fine not exceeding $500 or both. 7
(iii) For the purpose of determining subsequent offender penalties for 8
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), 9
or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 10
conviction. 11
(2) (i) A person may not violate paragraph (1) of this subsection while 12
transporting a minor. 13
(ii) A person convicted of a violation of this paragraph is subject to: 14
1. For a first offense, imprisonment not exceeding 1 year or 15
a fine not exceeding [$1,000] $1,100 or both; and 16
2. For a second offense, imprisonment not exceeding 2 years 17
or a fine not exceeding [$2,000] $2,200 or both. 18
(iii) For the purpose of determining subsequent offender penalties for 19
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 20
(c)(2), or (d)(2) of this section shall be considered a prior conviction. 21
(c) (1) (i) A person may not drive or attempt to drive any vehicle while so 22
far impaired by any drug, any combination of drugs, or a combination of one or more drugs 23
and alcohol that the person cannot drive a vehicle safely. 24
(ii) A person convicted of a violation of this paragraph is subject to: 25
1. For a first offense, imprisonment not exceeding 2 months 26
or a fine not exceeding $500 or both; and 27
2. For a second offense, imprisonment not exceeding 1 year 28
or a fine not exceeding $500 or both. 29
(iii) For the purpose of determining subsequent offender penalties for 30
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), 31 16 SENATE BILL 1092
or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 1
conviction. 2
(iv) It is not a defense to any charge of violating this subsection that 3
the person charged is or was entitled under the laws of this State to use the drug, 4
combination of drugs, or combination of one or more drugs and alcohol, unless the person 5
was unaware that the drug or combination would make the person incapable of safely 6
driving a vehicle. 7
(2) (i) A person may not violate paragraph (1) of this subsection while 8
transporting a minor. 9
(ii) A person convicted of a violation of this paragraph is subject to: 10
1. For a first offense, imprisonment not exceeding 1 year or 11
a fine not exceeding [$1,000] $1,100 or both; and 12
2. For a second offense, imprisonment not exceeding 2 years 13
or a fine not exceeding [$2,000] $2,200 or both. 14
(iii) For the purpose of determining subsequent offender penalties for 15
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 16
(b)(2), or (d)(2) of this section shall be considered a prior conviction. 17
(d) (1) (i) A person may not drive or attempt to drive any vehicle while the 18
person is impaired by any controlled dangerous substance, as that term is defined in § 19
5–101 of the Criminal Law Article, if the person is not entitled to use the controlled 20
dangerous substance under the laws of this State. 21
(ii) A person convicted of a violation of this paragraph is subject to: 22
1. For a first offense, imprisonment not exceeding 1 year or 23
a fine not exceeding [$1,000] $1,100 or both; and 24
2. For a second offense, imprisonment not exceeding 2 years 25
or a fine not exceeding [$2,000] $2,200 or both. 26
(iii) For the purpose of determining subsequent offender penalties for 27
a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section 28
or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 29
violation of this paragraph, shall be considered a prior conviction. 30
(2) (i) A person may not violate paragraph (1) of this subsection while 31
transporting a minor. 32
(ii) A person convicted of a violation of this paragraph is subject to: 33
SENATE BILL 1092 17
1. For a first offense, imprisonment not exceeding 2 years or 1
a fine not exceeding $2,000 or both; and 2
2. For a second offense, imprisonment not exceeding 3 years 3
or a fine not exceeding $3,000 or both. 4
(iii) For the purpose of determining subsequent offender penalties for 5
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 6
(b)(2), or (c)(2) of this section shall be considered a prior conviction. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2024. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.