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.
Italics indicate opposite chamber/conference committee amendments.
*sb1092*
SENATE BILL 1092
J1, R4 (4lr1874)
ENROLLED BILL
— Budget and Taxation/Appropriations —
Introduced by Senator Guzzone
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
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 requiring the Governor to include a 15 2 SENATE BILL 1092
certain appropriation in the annual budget bill for the Senator William H. Amoss 1
Fire, Rescue, and Ambulance Fund be increased to at least a certain amount 2
beginning in a certain fiscal year; and generally relating to the funding for 3
emergency services. 4
BY repealing and reenacting, without amendments, 5
Article – Health – General 6
Section 19–101 7
Annotated Code of Maryland 8
(2023 Replacement Volume) 9
BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 19–130 12
Annotated Code of Maryland 13
(2023 Replacement Volume) 14
BY repealing and reenacting, without amendments, 15
Article – Public Safety 16
Section 8–102(a) 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2023 Supplement) 19
BY adding to 20
Article – Public Safety 21
Section 8–102(g) 22
Annotated Code of Maryland 23
(2022 Replacement Volume and 2023 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – Transportation 26
Section 13–954 and 21–902(a) through (d) 27
Annotated Code of Maryland 28
(2020 Replacement Volume and 2023 Supplement) 29
BY repealing and reenacting, without amendments, 30
Article – Transportation 31
Section 13–955 32
Annotated Code of Maryland 33
(2020 Replacement Volume and 2023 Supplement) 34
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 35
That the Laws of Maryland read as follows: 36
Article – Health – General 37
19–101. 38 SENATE BILL 1092 3
In this subtitle, “Commission” means the Maryland Health Care Commission. 1
19–130. 2
(a) (1) In this section the following words have the meanings indicated. 3
(2) “Fund” means the Maryland Trauma Physician Services Fund. 4
(3) “Maryland Trauma Specialty Referral Centers” means: 5
(i) The Johns Hopkins Health System Burn Program; 6
(ii) The Eye Trauma Center at the Wilmer Eye Institute at The 7
Johns Hopkins Hospital; and 8
(iii) The Curtis National Hand Center at Union Memorial Hospital. 9
(4) “REASONABLE COMPENSATI ON EQUIVALENT ” MEANS THE 10
LIMITATION ON THE CO ST ESTABLISHED BY TH E CENTERS FOR MEDICARE AND 11
MEDICAID SERVICES THAT A PROVI DER MAY CLAIM FOR CO MPENSATION OF 12
SERVICES. 13
[(4)] (5) “Rehabilitation hospital” means a facility classified as a special 14
rehabilitation hospital as described in § 19–307 of this title that is affiliated with a trauma 15
center by common ownership. 16
[(5)] (6) (i) “Trauma center” means a facility designated by the 17
Maryland Institute for Emergency Medical Services Systems as: 18
1. The State primary adult resource center; 19
2. A Level I trauma center; 20
3. A Level II trauma center; 21
4. A Level III trauma center; 22
5. A pediatric trauma center; or 23
6. The Maryland Trauma Specialty Referral Centers. 24
(ii) “Trauma center” includes an out–of–state pediatric trauma 25
center that has entered into an agreement with the Maryland Institute for Emergency 26
Medical Services Systems. 27
4 SENATE BILL 1092
(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 T HE 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 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 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
SENATE BILL 1092 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 Maryland Department of Health an 22
amount sufficient to fully cover the State’s share of expenditures for the costs of 23
undercompensated care incurred by a trauma physician in providing trauma care to an 24
enrollee of the Maryland Medical Assistance Program who is a trauma patient on the State 25
trauma registry. 26
(3) The methodology developed under paragraph (1) of this subsection 27
shall: 28
(i) Take into account: 29
1. The amount of uncompensated care provided by trauma 30
physicians; 31
2. The amount of undercompensated care attributable to the 32
treatment of Medicaid enrollees in trauma centers; 33 6 SENATE BILL 1092
3. The cost of maintaining trauma physicians on–call; 1
4. The number of patients served by trauma physicians in 2
trauma centers; 3
5. The number of Maryland residents served by trauma 4
physicians in trauma centers; and 5
6. The extent to which trauma–related costs are otherwise 6
subsidized by hospitals, the federal government, and other sources; and 7
(ii) Include an incentive to encourage hospitals to continue to 8
subsidize trauma–related costs not otherwise included in hospital rates. 9
(4) The methodology developed under paragraph (1) of this subsection shall 10
use the following parameters to determine the amount of reimbursement made to trauma 11
physicians and trauma centers from the Fund: 12
(i) 1. The cost incurred by a Level II trauma center to maintain 13
trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed: 14
A. At a rate of up to [30%] 60% of the reasonable [cost 15
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 16
current year by the physician compensation component of the Medicare economic index as 17
designated by the Centers for Medicare and Medicaid Services; and 18
B. For the minimum number of trauma physicians required 19
to be on–call, as specified by the Maryland Institute for Emergency Medical Services 20
Systems in its criteria for Level II trauma centers; 21
2. The cost incurred by a Level III trauma center to maintain 22
trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall 23
be reimbursed: 24
A. At a rate of up to [35%] 60% of the reasonable [cost 25
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 26
current year by the physician compensation component of the Medicare economic index as 27
designated by the Centers for Medicare and Medicaid Services; and 28
B. For the minimum number of trauma physicians required 29
to be on–call, as specified by the Maryland Institute for Emergency Medical Services 30
Systems in its criteria for Level III trauma centers; 31
3. The cost incurred by a Level I trauma center or pediatric 32
trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons 33 SENATE BILL 1092 7
on–call when a post–graduate resident is attending in the trauma center shall be 1
reimbursed: 2
A. At a rate of up to [30%] 60% of the reasonable [cost 3
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 4
current year by the physician compensation component of the Medicare economic index as 5
designated by the Centers for Medicare and Medicaid Services; and 6
B. When a post –graduate resident is [permitted] 7
AUTHORIZED to be in the trauma center, as specified by the Maryland Institute for 8
Emergency Medical Services Systems in its criteria for Level I trauma centers or pediatric 9
trauma centers; 10
4. The cost incurred by a Maryland Trauma Specialty 11
Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a 12
post–graduate resident is attending in the Center shall be reimbursed: 13
A. At a rate of up to [30%] 60% of the reasonable [cost 14
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 15
current year by the physician compensation component of the Medicare economic index as 16
designated by the Centers for Medicare and Medicaid Services; and 17
B. When a post –graduate resident is [permitted] 18
AUTHORIZED to be in the Center, as specified by the Maryland Institute for Emergency 19
Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center; 20
and 21
5. A. A Level II trauma center is eligible for a maximum 22
of [24,500] 26,280 hours of trauma on–call per year; 23
B. A Level III trauma center is eligible for a maximum of 24
35,040 hours of trauma on–call per year; 25
C. A Level I trauma center shall be eligible for a maximum of 26
4,380 hours of trauma on–call per year; 27
D. A pediatric trauma center shall be eligible for a maximum 28
of 4,380 hours of trauma on–call per year; and 29
E. A Maryland Trauma Specialty Referral Center shall be 30
eligible for a maximum of 2,190 hours of trauma on–call per year; 31
(ii) The cost of undercompensated care incurred by a trauma 32
physician in providing trauma care to enrollees of the Maryland Medical Assistance 33
Program who are trauma patients on the State trauma registry shall be reimbursed at a 34 8 SENATE BILL 1092
rate of up to 100% of the Medicare payment for the service, minus any amount paid by the 1
Maryland Medical Assistance Program; 2
(iii) The cost of uncompensated care incurred by a trauma physician 3
in providing trauma care to trauma patients on the State trauma registry shall be 4
reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries 5
made by the trauma physician for the care; 6
(iv) The Commission, in consultation with the Health Services Cost 7
Review Commission, may establish a payment rate for uncompensated care incurred by a 8
trauma physician in providing trauma care to trauma patients on the State trauma registry 9
that is above 100% of the Medicare payment for the service if: 10
1. The Commission determines that increasing the payment 11
rate above 100% of the Medicare payment for the service will address an unmet need in the 12
State trauma system; and 13
2. The Commission reports on its intention to increase the 14
payment rate to the Senate Finance Committee and the House Health and Government 15
Operations Committee, in accordance with § 2–1257 of the State Government Article, at 16
least 60 days before any adjustment to the rate; 17
(v) The Commission shall develop guidelines for the reimbursement 18
of the documented costs of the State primary adult resource center under subsection 19
(b)(2)(iv) of this section; [and] 20
(VI) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 21
SERVICES COST REVIEW COMMISSION, MAY CHANGE THE PERCE NTAGE OF THE 22
REASONABLE COMPENSAT ION EQUIVALENT PAID TO TRAUMA HOSPITALS IF: 23
1. THE COMMISSION DETERMINES THAT THE 24
PROJECTED REVENUE TO BE COLLECTED IN THE FUND IS ADEQUATE TO S UPPORT 25
THE PROPOSED INCREAS E IN THE PERCENTAGE OF REASONABLE COMPEN SATION 26
EQUIVALENT INFLATED TO THE CURRENT YEAR BY THE PHYSICIAN COM PENSATION 27
COMPONENT OF THE MEDICARE ECONOMIC IND EX; AND 28
2. THE COMMISSION REPORTS ON ITS INTENTION TO 29
CHANGE THE PERCENTAG E OF REASONABLE COMP ENSATION EQUIVALENT TO BE 30
PAID FOR ON–CALL COSTS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE 31
HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 32
2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY 33
ADJUSTMENT TO THE AL LOWABLE HOURS ; 34
(VII) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 35
SERVICES COST REVIEW COMMISSION, MAY CHANGE THE NUMBE R OF ALLOWABLE 36 SENATE BILL 1092 9
HOURS OF TRAUMA ON –CALL EACH YE AR IF THE COMMISSION REPORTS ON ITS 1
INTENTION TO CHANGE THE NUMBER OF ALLOWA BLE HOURS TO THE SENATE 2
FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 3
COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 4
ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJUSTMENT TO THE ALLOWABLE HOU RS; 5
(VIII) THE COMMISSION MAY MODIFY THE PERCENTAGE PAID , 6
AND THE MAXIMUM NUMB ER OF HOURS ALLOWED , OF THE REASONABLE 7
COMPENSATION EQUIVAL ENT FOR ON–CALL CARE HOURS NOT MORE THAN ONCE 8
EACH YEAR; AND 9
[(vi)] (IX) The total reimbursement to emergency physicians from 10
the Fund may not exceed $300,000 annually. 11
(5) In order to receive reimbursement, a trauma physician OR TRAUMA 12
HEALTH CARE PRACTITI ONER in the case of costs of uncompensated care under 13
subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under 14
subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner 15
approved by the Commission and the Health Services Cost Review Commission. 16
(6) (i) The Commission and the Health Services Cost Review 17
Commission shall adopt regulations that specify the information that trauma physicians, 18
TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers must submit to receive 19
money from the Fund. 20
(ii) The information required shall include: 21
1. The name and federal tax identification number of the 22
trauma physician rendering the service; 23
2. The date of the service; 24
3. Appropriate codes describing the service; 25
4. Any amount recovered for the service rendered; 26
5. The name of the trauma patient; 27
6. The patient’s trauma registry number; and 28
7. Any other information the Commission and the Health 29
Services Cost Review Commission consider necessary to disburse money from the Fund. 30
(iii) It is the intent of the General Assembly that trauma physicians 31
and trauma centers shall cooperate with the Commission and the Health Services Cost 32 10 SENATE BILL 1092
Review Commission by providing information required under this paragraph in a timely 1
and complete manner. 2
(e) (1) Except as provided in paragraph (2) of this subsection and 3
notwithstanding any other provision of law, expenditures from the Fund for costs incurred 4
in any fiscal year may not exceed revenues of the Fund. 5
(2) (i) The Commission, in consultation with the Health Services Cost 6
Review Commission and the Maryland Institute for Emergency Medical Services Systems, 7
shall develop a process for the award of grants to LEVEL I, Level II, and Level III trauma 8
centers [in the State to be used for equipment primarily used] in the delivery of trauma 9
care. 10
(ii) 1. The Commission shall issue grants under this paragraph 11
from any balance carried over to the Fund from prior fiscal years. 12
2. [The total amount of grants awarded under this 13
paragraph in a fiscal year may not exceed 10% of the balance remaining in the Fund at the 14
end of the fiscal year immediately prior to the fiscal year in which grants are awarded] 15
THE TOTAL AMOUNT OF G RANTS AWARDED UNDER THIS PARAGRAPH IN A FISCAL 16
YEAR MAY NOT REDUCE THE BALANCE REMAINING IN THE FUND AT THE END OF TH E 17
FISCAL YEAR TO LESS THAN 15% OF THE REVENUE COLLE CTED IN THAT FISCAL 18
YEAR. 19
(iii) The process developed by the Commission for the award of grants 20
under this paragraph shall include: 21
1. Grant applications and review and selection criteria for 22
the award of grants; 23
2. Review by the Commission, if necessary, for any project 24
that exceeds certificate of need thresholds; and 25
3. Any other procedure determined necessary by the 26
Commission. 27
(iv) Before awarding grants under this subsection in a fiscal year, the 28
Commission shall report to the Senate Finance Committee and the House Health and 29
Government Operations Committee, in accordance with § 2–1257 of the State Government 30
Article, on the process that the Commission has developed for awarding grants in that fiscal 31
year. 32
(f) On or before November 1 of each year, the Commission and the Health 33
Services Cost Review Commission shall report to the General Assembly, in accordance with 34
§ 2–1257 of the State Government Article, on: 35
SENATE BILL 1092 11
(1) The amount of money in the Fund on the last day of the previous fiscal 1
year; 2
(2) The amount of money applied for by trauma physicians, TRAUMA 3
HEALTH CARE PRACTITI ONERS, and trauma centers during the previous fiscal year; 4
(3) The amount of money distributed in the form of trauma physician, 5
TRAUMA HEALTH CARE P RACTITIONER, and trauma center reimbursements during the 6
previous fiscal year; 7
(4) Any recommendations for altering the manner in which trauma 8
physicians, TRAUMA HEALTH CARE PRA CTITIONERS, and trauma centers are 9
reimbursed from the Fund; 10
(5) The costs incurred in administering the Fund during the previous fiscal 11
year; [and] 12
(6) The amount that each hospital that participates in the Maryland 13
trauma system and that has a trauma center contributes toward the subsidization of 14
trauma–related costs for its trauma center; 15
(7) THE AMOUNT THE HEALTH SERVICES COST REVIEW 16
COMMISSION ALLOWED COSTS THAT HOSPITALS REPORTED TO THE HEALTH 17
SERVICES COST REVIEW COMMISSION AND ARE AC COUNTED FOR IN THE G LOBAL 18
BUDGETS OF THE HOSPI TALS FOR EACH OF THE FOLLOWING: 19
(I) IN HOSPITAL RATES FOR TRAUMA TRAUMA STANDBY; 20
(II) FOR MAINTAINING ALLOWABLE TRAUMA CENT ER COSTS 21
FOR REIMBURSING THE TRAUMA DIRECTOR AND TRAUMA STAFF; 22
(III) MAINTAINING MARYLAND INSTITUTE FOR EMERGENCY 23
MEDICAL SERVICES SYSTEMS TRAUMA PROTOC OLS; 24
(IV) MAINTAINING SPECIALIZ ED TRAUMA STAFF ; 25
(III) (V) FOR PROCURING PROCURING SPECIALIZED TRAUMA 26
EQUIPMENT; AND 27
(IV) (VI) FOR PROVIDING PROVIDING TRAUMA EDUCATION 28
AND TRAINING; AND 29
(8) ANY IMPROVEMENTS MADE BY TRAUMA CENTERS AS A RESULT OF 30
AN INCREASE IN FUNDI NG. 31
12 SENATE BILL 1092
(G) THE COMMISSION SHALL AWAR D AN ANNUAL GRANT FR OM THE FUND 1
IN THE AMOUNT UP TO $1,800,000 TO LEVEL I PEDIATRIC TRAUMA CENTERS AS 2
FOLLOWS: 3
(1) UP TO $900,000 TO JOHNS HOPKINS CHILDREN’S CENTER; AND 4
(2) UP TO $900,000 TO CHILDREN’S NATIONAL MEDICAL CENTER. 5
Article – Public Safety 6
8–102. 7
(a) There is a Senator William H. Amoss Fire, Rescue, and Ambulance Fund. 8
(G) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL INCLUD E AN 9
ANNUAL APPROPRIATION TO THE FUND OF AT LEAST $16,500,000. 10
Article – Transportation 11
13–954. 12
(a) In this section, “motor vehicle” means a: 13
(1) Class A (passenger) vehicle; 14
(2) Class B (for hire) vehicle; 15
(3) Class C (funeral and ambulance) vehicle; 16
(4) Class D (motorcycle) vehicle; 17
(5) Class E (truck) vehicle; 18
(6) Class F (tractor) vehicle; 19
(7) Class H (school) vehicle; 20
(8) Class J (vanpool) vehicle; 21
(9) Class M (multipurpose) vehicle; 22
(10) Class P (passenger bus) vehicle; 23
(11) Class Q (limousine) vehicle; 24
(12) Class R (low speed) vehicle; or 25 SENATE BILL 1092 13
(13) Vehicle within any other class designated by the Administrator. 1
(b) (1) In addition to the registration fee otherwise required by this title, the 2
owner of any motor vehicle registered under this title shall pay a surcharge of [$17.00] 3
$40.00 per year for each motor vehicle registered. 4
(2) (I) [$2.50] $7.50 $6.50 of the surcharge collected under paragraph 5
(1) of this subsection shall be paid into the Maryland Trauma Physician Services Fund 6
established under § 19–130 of the Health – General Article. 7
(II) THE GOVERNOR ANNUALLY SHA LL ALLOCATE AT LEAST 8
$9.00 OF THE SURCHARGE COL LECTED UNDER PARAGRA PH (1) OF THIS 9
SUBSECTION TO THE R ADAMS COWLEY SHOCK TRAUMA CENTER. 10
(III) THE BALANCE OF THE SU RCHARGE COLLECTED UN DER 11
PARAGRAPH (1) OF THIS SUBSECTION S HALL BE PAID TO THE MARYLAND 12
EMERGENCY MEDICAL SYSTEM OPERATIONS FUND ESTABLISHED UNDE R § 13–955 13
OF THIS SUBTITLE. 14
13–955. 15
(a) In this section, “Fund” means the Maryland Emergency Medical System 16
Operations Fund. 17
(b) (1) There is a Maryland Emergency Medical System Operations Fund. 18
(2) The Comptroller shall administer the Fund, including accounting for 19
all transactions and performing year–end reconciliation. 20
(3) The Fund is a continuing, nonlapsing fund which is not subject to § 21
7–302 of the State Finance and Procurement Article. 22
(4) Interest and earnings on the Fund shall be separately accounted for and 23
credited to the Fund, and are not subject to § 6–226(a) of the State Finance and 24
Procurement Article. 25
(c) The Fund consists of: 26
(1) Registration surcharges collected under § 13–954 of this subtitle; 27
(2) All funds, including charges for accident scene transports and 28
interhospital transfers of patients, generated by an entity specified in subsection (e) of this 29
section that is a unit of State government; and 30
14 SENATE BILL 1092
(3) Revenues distributed to the Fund from the surcharges collected under 1
§ 7–301(f) of the Courts Article. 2
(d) Expenditures from the Fund shall be made pursuant to an appropriation 3
approved by the General Assembly in the annual State budget or by the budget amendment 4
procedure provided under § 7–209 of the State Finance and Procurement Article, provided 5
that any budget amendment shall be submitted to and approved by the Legislative Policy 6
Committee prior to the expenditure or obligation of funds. 7
(e) The money in the Fund shall be used solely for: 8
(1) Medically oriented functions of the Department of State Police, Special 9
Operations Bureau, Aviation Division; 10
(2) The Maryland Institute for Emergency Medical Services Systems; 11
(3) The R Adams Cowley Shock Trauma Center at the University of 12
Maryland Medical System; 13
(4) The Maryland Fire and Rescue Institute; 14
(5) The provision of grants under the Senator William H. Amoss Fire, 15
Rescue, and Ambulance Fund in accordance with the provisions of Title 8, Subtitle 1 of the 16
Public Safety Article; and 17
(6) The Volunteer Company Assistance Fund in accordance with the 18
provisions of Title 8, Subtitle 2 of the Public Safety Article. 19
21–902. 20
(a) (1) (i) A person may not drive or attempt to drive any vehicle while 21
under the influence of alcohol. 22
(ii) A person may not drive or attempt to drive any vehicle while the 23
person is under the influence of alcohol per se. 24
(iii) A person convicted of a violation of this paragraph is subject to: 25
1. For a first offense, imprisonment not exceeding 1 year or 26
a fine not exceeding [$1,000] $1,100 $1,200 or both; and 27
2. For a second offense, imprisonment not exceeding 2 years 28
or a fine not exceeding [$2,000] $2,200 $2,400 or both. 29
(iv) For the purpose of determining subsequent offender penalties for 30
a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section 31 SENATE BILL 1092 15
or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 1
violation of this paragraph, shall be considered a prior conviction. 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 2 years or 6
a fine not exceeding $2,000 or both; and 7
2. For a second offense, imprisonment not exceeding 3 years 8
or a fine not exceeding $3,000 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 (b)(2), 11
(c)(2), or (d)(2) of this section shall be considered a prior conviction. 12
(b) (1) (i) A person may not drive or attempt to drive any vehicle while 13
impaired by alcohol. 14
(ii) A person convicted of a violation of this paragraph is subject to: 15
1. For a first offense, imprisonment not exceeding 2 months 16
or a fine not exceeding $500 or both; and 17
2. For a second offense, imprisonment not exceeding 1 year 18
or a fine not exceeding $500 or both. 19
(iii) For the purpose of determining subsequent offender penalties for 20
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), 21
or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 22
conviction. 23
(2) (i) A person may not violate paragraph (1) of this subsection while 24
transporting a minor. 25
(ii) A person convicted of a violation of this paragraph is subject to: 26
1. For a first offense, imprisonment not exceeding 1 year or 27
a fine not exceeding [$1,000] $1,100 $1,200 or both; and 28
2. For a second offense, imprisonment not exceeding 2 years 29
or a fine not exceeding [$2,000] $2,200 $2,400 or both. 30
16 SENATE BILL 1092
(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
(c)(2), or (d)(2) of this section shall be considered a prior conviction. 3
(c) (1) (i) A person may not drive or attempt to drive any vehicle while so 4
far impaired by any drug, any combination of drugs, or a combination of one or more drugs 5
and alcohol that the person cannot drive a vehicle safely. 6
(ii) A person convicted of a violation of this paragraph is subject to: 7
1. For a first offense, imprisonment not exceeding 2 months 8
or a fine not exceeding $500 or both; and 9
2. For a second offense, imprisonment not exceeding 1 year 10
or a fine not exceeding $500 or both. 11
(iii) For the purpose of determining subsequent offender penalties for 12
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), 13
or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 14
conviction. 15
(iv) It is not a defense to any charge of violating this subsection that 16
the person charged is or was entitled under the laws of this State to use the drug, 17
combination of drugs, or combination of one or more drugs and alcohol, unless the person 18
was unaware that the drug or combination would make the person incapable of safely 19
driving a vehicle. 20
(2) (i) A person may not violate paragraph (1) of this subsection while 21
transporting a minor. 22
(ii) A person convicted of a violation of this paragraph is subject to: 23
1. For a first offense, imprisonment not exceeding 1 year or 24
a fine not exceeding [$1,000] $1,100 $1,200 or both; and 25
2. For a second offense, imprisonment not exceeding 2 years 26
or a fine not exceeding [$2,000] $2,200 $2,400 or both. 27
(iii) For the purpose of determining subsequent offender penalties for 28
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 29
(b)(2), or (d)(2) of this section shall be considered a prior conviction. 30
(d) (1) (i) A person may not drive or attempt to drive any vehicle while the 31
person is impaired by any controlled dangerous substance, as that term is defined in § 32
5–101 of the Criminal Law Article, if the person is not entitled to use the controlled 33
dangerous substance under the laws of this State. 34
SENATE BILL 1092 17
(ii) A person convicted of a violation of this paragraph is subject to: 1
1. For a first offense, imprisonment not exceeding 1 year or 2
a fine not exceeding [$1,000] $1,100 $1,200 or both; and 3
2. For a second offense, imprisonment not exceeding 2 years 4
or a fine not exceeding [$2,000] $2,200 $2,400 or both. 5
(iii) For the purpose of determining subsequent offender penalties for 6
a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section 7
or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 8
violation of this paragraph, shall be considered a prior conviction. 9
(2) (i) A person may not violate paragraph (1) of this subsection while 10
transporting a minor. 11
(ii) A person convicted of a violation of this paragraph is subject to: 12
1. For a first offense, imprisonment not exceeding 2 years or 13
a fine not exceeding $2,000 or both; and 14
2. For a second offense, imprisonment not exceeding 3 years 15
or a fine not exceeding $3,000 or both. 16
(iii) For the purpose of determining subsequent offender penalties for 17
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 18
(b)(2), or (c)(2) of this section shall be considered a prior conviction. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2024. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.