WES MOORE, Governor Ch. 719
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Chapter 719
(Senate Bill 1092)
AN ACT concerning
Vehicle Registration – Emergency Medical System Surcharge – Increase and
Distribution of Funds
Emergency Services – Funding
FOR the purpose of increasing the motor vehicle registration emergency medical system
surcharge for certain motor vehicles; providing for the distribution of revenues
derived from the surcharge; and generally relating to the emergency medical system
surcharge for motor vehicle registration altering certain provisions of law related to
the Maryland Trauma Physician Services Fund, including provisions related to the
contents and sources of the funding, transfer of money from the Fund, and the
methodology used to determine eligibility for disbursements from the Fund;
increasing the fines for certain violations of the Maryland Vehicle Law related to
driving while impaired; altering the authorized uses of the Maryland Emergency
Medical System Operations Fund; stating that it is the intent of the General
Assembly that the annual appropriation to requiring the Governor to include a
certain appropriation in the annual budget bill for the Senator William H. Amoss
Fire, Rescue, and Ambulance Fund be increased to at least a certain amount
beginning in a certain fiscal year; and generally relating to the funding for
emergency services.
BY repealing and reenacting, without amendments,
Article – Health – General
Section 19–101
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 19–130
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Public Safety
Section 8–102(a)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY adding to
Article – Public Safety
Section 8–102(g) Ch. 719 2024 LAWS OF MARYLAND
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Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Transportation
Section 13–954 and 21–902(a) through (d)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Transportation
Section 13–955
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
19–101.
In this subtitle, “Commission” means the Maryland Health Care Commission.
19–130.
(a) (1) In this section the following words have the meanings indicated.
(2) “Fund” means the Maryland Trauma Physician Services Fund.
(3) “Maryland Trauma Specialty Referral Centers” means:
(i) The Johns Hopkins Health System Burn Program;
(ii) The Eye Trauma Center at the Wilmer Eye Institute at The
Johns Hopkins Hospital; and
(iii) The Curtis National Hand Center at Union Memorial Hospital.
(4) “REASONABLE COMPENSATI ON EQUIVALENT ” MEANS THE
LIMITATION ON THE CO ST ESTABLISHED BY TH E CENTERS FOR MEDICARE AND
MEDICAID SERVICES THAT A PROVI DER MAY CLAIM FOR CO MPENSATION OF
SERVICES.
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[(4)] (5) “Rehabilitation hospital” means a facility classified as a special
rehabilitation hospital as described in § 19–307 of this title that is affiliated with a trauma
center by common ownership.
[(5)] (6) (i) “Trauma center” means a facility designated by the
Maryland Institute for Emergency Medical Services Systems as:
1. The State primary adult resource center;
2. A Level I trauma center;
3. A Level II trauma center;
4. A Level III trauma center;
5. A pediatric trauma center; or
6. The Maryland Trauma Specialty Referral Centers.
(ii) “Trauma center” includes an out–of–state pediatric trauma
center that has entered into an agreement with the Maryland Institute for Emergency
Medical Services Systems.
(7) “TRAUMA HEALTH CARE PR ACTITIONER” MEANS A HEALTH CARE
PRACTITIONER LICENSE D UNDER THE HEALTH OCCUPATIONS ARTICLE WHO
PROVIDES CARE IN A T RAUMA CENTER OR IN A REHABILITATION HOSPI TAL TO
TRAUMA PATIENTS ON T HE STATE TRAUMA REGISTRY AS DEFINED BY THE
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS.
[(6)] (8) “Trauma physician” means a physician who provides care in a
trauma center or in a rehabilitation hospital to trauma patients on the State trauma
registry as defined by the Maryland Institute for Emergency Medical Services Systems.
[(7)] (9) “Uncompensated care” means care provided by a trauma
physician OR A TRAUMA HEALTH C ARE PRACTITIONER to a trauma patient on the State
trauma registry who:
(i) Has no health insurance, including Medicare Part B coverage;
(ii) Is not eligible for medical assistance coverage; and
(iii) Has not paid the trauma physician OR TRAUMA HEALTH CAR E
PRACTITIONER for care provided by the trauma physician OR TRAUMA HEALTH CAR E
PRACTITIONER , after documented attempts by the trauma physician OR TRAUMA
HEALTH CARE PRACTITI ONER to collect payment. Ch. 719 2024 LAWS OF MARYLAND
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(b) (1) There is a Maryland Trauma Physician Services Fund.
(2) The purpose of the Fund is to subsidize the documented costs:
(i) Of uncompensated care incurred by a trauma physician OR
TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to a trauma patient on
the State trauma registry;
(ii) Of undercompensated care incurred by a trauma physician OR
TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to an enrollee of the
Maryland Medical Assistance Program who is a trauma patient on the State trauma
registry;
(iii) Incurred by a trauma center to maintain trauma physicians
on–call as required by the Maryland Institute for Emergency Medical Services Systems;
(iv) Incurred by the State primary adult resource center to maintain
trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call and
on standby as required by the Maryland Institute for Emergency Medical Services Systems;
and
(v) Incurred by the Commission and the Health Services Cost
Review Commission to administer the Fund and audit reimbursement requests to assure
appropriate payments are made from the Fund.
(3) The Commission and the Health Services Cost Review Commission
shall administer the Fund.
(4) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
the State Finance and Procurement Article.
(5) Interest on and other income from the Fund shall be separately
accounted for and credited to the Fund, and are not subject to § 6–226(a) of the State
Finance and Procurement Article.
(c) The Fund consists of [motor]:
(1) MOTOR vehicle registration surcharges paid into the Fund in
accordance with § 13–954(b)(2) of the Transportation Article;
(2) AT LEAST 10% 20% OF THE FINES COLLECT ED UNDER §
21–902(A)(1), (B)(2), (C)(2), AND (D)(1) OF THE TRANSPORTATION ARTICLE; AND
WES MOORE, Governor Ch. 719
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(3) ANY OTHER MONEY TRANS FERRED FROM THE GENERAL FUND OF
THE STATE.
(d) (1) Disbursements from the Fund shall be made in accordance with a
methodology established jointly by the Commission and the Health Services Cost Review
Commission to calculate costs incurred by trauma physicians and trauma centers that are
eligible to receive reimbursement under subsection (b) of this section.
(2) The Fund shall transfer to the Maryland Department of Health an
amount sufficient to fully cover the State’s share of expenditures for the costs of
undercompensated care incurred by a trauma physician in providing trauma care to an
enrollee of the Maryland Medical Assistance Program who is a trauma patient on the State
trauma registry.
(3) The methodology developed under paragraph (1) of this subsection
shall:
(i) Take into account:
1. The amount of uncompensated care provided by trauma
physicians;
2. The amount of undercompensated care attributable to the
treatment of Medicaid enrollees in trauma centers;
3. The cost of maintaining trauma physicians on–call;
4. The number of patients served by trauma physicians in
trauma centers;
5. The number of Maryland residents served by trauma
physicians in trauma centers; and
6. The extent to which trauma–related costs are otherwise
subsidized by hospitals, the federal government, and other sources; and
(ii) Include an incentive to encourage hospitals to continue to
subsidize trauma–related costs not otherwise included in hospital rates.
(4) The methodology developed under paragraph (1) of this subsection shall
use the following parameters to determine the amount of reimbursement made to trauma
physicians and trauma centers from the Fund:
(i) 1. The cost incurred by a Level II trauma center to maintain
trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed:
Ch. 719 2024 LAWS OF MARYLAND
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A. At a rate of up to [30%] 60% of the reasonable [cost
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the
current year by the physician compensation component of the Medicare economic index as
designated by the Centers for Medicare and Medicaid Services; and
B. For the minimum number of trauma physicians required
to be on–call, as specified by the Maryland Institute for Emergency Medical Services
Systems in its criteria for Level II trauma centers;
2. The cost incurred by a Level III trauma center to maintain
trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall
be reimbursed:
A. At a rate of up to [35%] 60% of the reasonable [cost
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the
current year by the physician compensation component of the Medicare economic index as
designated by the Centers for Medicare and Medicaid Services; and
B. For the minimum number of trauma physicians required
to be on–call, as specified by the Maryland Institute for Emergency Medical Services
Systems in its criteria for Level III trauma centers;
3. The cost incurred by a Level I trauma center or pediatric
trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons
on–call when a post–graduate resident is attending in the trauma center shall be
reimbursed:
A. At a rate of up to [30%] 60% of the reasonable [cost
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the
current year by the physician compensation component of the Medicare economic index as
designated by the Centers for Medicare and Medicaid Services; and
B. When a post –graduate resident is [permitted]
AUTHORIZED to be in the trauma center, as specified by the Maryland Institute for
Emergency Medical Services Systems in its criteria for Level I trauma centers or pediatric
trauma centers;
4. The cost incurred by a Maryland Trauma Specialty
Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a
post–graduate resident is attending in the Center shall be reimbursed:
A. At a rate of up to [30%] 60% of the reasonable [cost
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the
current year by the physician compensation component of the Medicare economic index as
designated by the Centers for Medicare and Medicaid Services; and WES MOORE, Governor Ch. 719
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B. When a post –graduate resident is [permitted]
AUTHORIZE D to be in the Center, as specified by the Maryland Institute for Emergency
Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center;
and
5. A. A Level II trauma center is eligible for a maximum
of [24,500] 26,280 hours of trauma on–call per year;
B. A Level III trauma center is eligible for a maximum of
35,040 hours of trauma on–call per year;
C. A Level I trauma center shall be eligible for a maximum of
4,380 hours of trauma on–call per year;
D. A pediatric trauma center shall be eligible for a maximum
of 4,380 hours of trauma on–call per year; and
E. A Maryland Trauma Specialty Referral Center shall be
eligible for a maximum of 2,190 hours of trauma on–call per year;
(ii) The cost of undercompensated care incurred by a trauma
physician in providing trauma care to enrollees of the Maryland Medical Assistance
Program who are trauma patients on the State trauma registry shall be reimbursed at a
rate of up to 100% of the Medicare payment for the service, minus any amount paid by the
Maryland Medical Assistance Program;
(iii) The cost of uncompensated care incurred by a trauma physician
in providing trauma care to trauma patients on the State trauma registry shall be
reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries
made by the trauma physician for the care;
(iv) The Commission, in consultation with the Health Services Cost
Review Commission, may establish a payment rate for uncompensated care incurred by a
trauma physician in providing trauma care to trauma patients on the State trauma registry
that is above 100% of the Medicare payment for the service if:
1. The Commission determines that increasing the payment
rate above 100% of the Medicare payment for the service will address an unmet need in the
State trauma system; and
2. The Commission reports on its intention to increase the
payment rate to the Senate Finance Committee and the House Health and Government
Operations Committee, in accordance with § 2–1257 of the State Government Article, at
least 60 days before any adjustment to the rate;
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(v) The Commission shall develop guidelines for the reimbursement
of the documented costs of the State primary adult resource center under subsection
(b)(2)(iv) of this section; [and]
(VI) THE COMMISSION, IN CONSULTATION WITH THE HEALTH
SERVICES COST REVIEW COMMISSION, MAY CHANGE THE PERCE NTAGE OF THE
REASONABLE COMPENSAT ION EQUIVALENT PAID TO TRAUMA HOSPITALS IF:
1. THE COMMISSION DETERMINES THAT THE
PROJECTED REVENUE TO BE COLLECTED IN THE FUND IS ADEQUATE TO S UPPORT
THE PROPOSED INCREAS E IN THE PERCENTAGE OF REASONABLE COMPEN SATION
EQUIVALENT INFLATED TO THE CURRENT YEAR BY THE PHYSICIAN COM PENSATION
COMPONENT OF THE MEDICARE ECON OMIC INDEX; AND
2. THE COMMISSION REPORTS ON ITS INTENTION TO
CHANGE THE PERCENTAG E OF REASONABLE COMP ENSATION EQUIVALENT TO BE
PAID FOR ON–CALL COSTS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE
HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDA NCE WITH §
2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY
ADJUSTMENT TO THE AL LOWABLE HOURS ;
(VII) THE COMMISSION, IN CONSULTATION WITH THE HEALTH
SERVICES COST REVIEW COMMISSION, MAY CHANGE THE NUMBE R OF ALLOWABLE
HOURS OF TRAUMA ON–CALL EACH YEAR IF TH E COMMISSION REPORTS ON ITS
INTENTION TO CHANGE THE NUMBER OF ALLOWA BLE HOURS TO THE SENATE
FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS
COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJU STMENT TO THE ALLOWA BLE HOURS;
(VIII) THE COMMISSION MAY MODIFY THE PERCENTAGE PAID ,
AND THE MAXIMUM NUMB ER OF HOURS ALLOWED , OF THE REASONABLE
COMPENSATION EQUIVAL ENT FOR ON–CALL CARE HOURS NOT MORE THAN ONCE
EACH YEAR; AND
[(vi)] (IX) The total reimbursement to emergency physicians from
the Fund may not exceed $300,000 annually.
(5) In order to receive reimbursement, a trauma physician OR TRAUMA
HEALTH CARE PRACTITI ONER in the case of costs of uncompensated care under
subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under
subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner
approved by the Commission and the Health Services Cost Review Commission.
WES MOORE, Governor Ch. 719
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(6) (i) The Commission and the Health Services Cost Review
Commission shall adopt regulations that specify the information that trauma physicians,
TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers must submit to receive
money from the Fund.
(ii) The information required shall include:
1. The name and federal tax identification number of the
trauma physician rendering the service;
2. The date of the service;
3. Appropriate codes describing the service;
4. Any amount recovered for the service rendered;
5. The name of the trauma patient;
6. The patient’s trauma registry number; and
7. Any other information the Commission and the Health
Services Cost Review Commission consider necessary to disburse money from the Fund.
(iii) It is the intent of the General Assembly that trauma physicians
and trauma centers shall cooperate with the Commission and the Health Services Cost
Review Commission by providing information required under this paragraph in a timely
and complete manner.
(e) (1) Except as provided in paragraph (2) of this subsection and
notwithstanding any other provision of law, expenditures from the Fund for costs incurred
in any fiscal year may not exceed revenues of the Fund.
(2) (i) The Commission, in consultation with the Health Services Cost
Review Commission and the Maryland Institute for Emergency Medical Services Systems,
shall develop a process for the award of grants to LEVEL I, Level II, and Level III trauma
centers [in the State to be used for equipment primarily used] in the delivery of trauma
care.
(ii) 1. The Commission shall issue grants under this paragraph
from any balance carried over to the Fund from prior fiscal years.
2. [The total amount of grants awarded under this
paragraph in a fiscal year may not exceed 10% of the balance remaining in the Fund at the
end of the fiscal year immediately prior to the fiscal year in which grants are awarded]
THE TOTAL AMOUNT OF G RANTS AWARDED UNDER THIS PARAGRAPH IN A FISCAL
YEAR MAY NO T REDUCE THE BALANCE REMAINING IN THE FUND AT THE END OF TH E Ch. 719 2024 LAWS OF MARYLAND
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FISCAL YEAR TO LESS THAN 15% OF THE REVENUE COLLE CTED IN THAT FISCAL
YEAR.
(iii) The process developed by the Commission for the award of grants
under this paragraph shall include:
1. Grant applications and review and selection criteria for
the award of grants;
2. Review by the Commission, if necessary, for any project
that exceeds certificate of need thresholds; and
3. Any other procedure determined necessary by the
Commission.
(iv) Before awarding grants under this subsection in a fiscal year, the
Commission shall report to the Senate Finance Committee and the House Health and
Government Operations Committee, in accordance with § 2–1257 of the State Government
Article, on the process that the Commission has developed for awarding grants in that fiscal
year.
(f) On or before November 1 of each year, the Commission and the Health
Services Cost Review Commission shall report to the General Assembly, in accordance with
§ 2–1257 of the State Government Article, on:
(1) The amount of money in the Fund on the last day of the previous fiscal
year;
(2) The amount of money applied for by trauma physicians, TRAUMA
HEALTH CARE PRACTITI ONERS, and trauma centers during the previous fiscal year;
(3) The amount of money distributed in the form of trauma physician,
TRAUMA HEALTH CARE P RACTITIONER, and trauma center reimbursements during the
previous fiscal year;
(4) Any recommendations for altering the manner in which trauma
physicians, TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers are
reimbursed from the Fund;
(5) The costs incurred in administering the Fund during the previous fiscal
year; [and]
(6) The amount that each hospital that participates in the Maryland
trauma system and that has a trauma center contributes toward the subsidization of
trauma–related costs for its trauma center; WES MOORE, Governor Ch. 719
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(7) THE AMOUNT THE HEALTH SERVICES COST REVIEW
COMMISSION ALLOWED COSTS THAT HOSPITALS REPORTED TO THE HEALTH
SERVICES COST REVIEW COMMISSION AND ARE AC COUNTED FOR IN THE G LOBAL
BUDGETS OF THE HOSPI TALS FOR EACH OF THE FOLLOWING:
(I) IN HOSPITAL RATES FOR TRAUMA TRAUMA STANDBY;
(II) FOR MAINTAINING ALLOWABLE TRAUMA CENT ER COSTS
FOR REIMBURSING THE TRAU MA DIRECTOR AND TRAU MA STAFF;
(III) MAINTAINING MARYLAND INSTITUTE FOR EMERGENCY
MEDICAL SERVICES SYSTEMS TRAUMA PROTOC OLS;
(IV) MAINTAINING SPECIALIZ ED TRAUMA STAFF ;
(III) (V) FOR PROCURING PROCURING SPECIALIZED TRAUMA
EQUIPMENT; AND
(IV) (VI) FOR PROVIDING PROVIDING TRAUMA EDUCATION
AND TRAINING; AND
(8) ANY IMPROVEMENTS MADE BY TRAUMA CENTERS AS A RESULT OF
AN INCREASE IN FUNDI NG.
(G) THE COMMISSION SHALL AWAR D AN ANNUAL GRANT FR OM THE FUND
IN THE AMOUNT UP TO $1,800,000 TO LEVEL I PEDIATRIC TRAUMA CEN TERS AS
FOLLOWS:
(1) UP TO $900,000 TO JOHNS HOPKINS CHILDREN’S CENTER; AND
(2) UP TO $900,000 TO CHILDREN’S NATIONAL MEDICAL CENTER.
Article – Public Safety
8–102.
(a) There is a Senator William H. Amoss Fire, Rescue, and Ambulance Fund.
(G) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL INCLUD E AN
ANNUAL APPROPRIATION TO THE FUND OF AT LEAST $16,500,000.
Article – Transportation
13–954. Ch. 719 2024 LAWS OF MARYLAND
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(a) In this section, “motor vehicle” means a:
(1) Class A (passenger) vehicle;
(2) Class B (for hire) vehicle;
(3) Class C (funeral and ambulance) vehicle;
(4) Class D (motorcycle) vehicle;
(5) Class E (truck) vehicle;
(6) Class F (tractor) vehicle;
(7) Class H (school) vehicle;
(8) Class J (vanpool) vehicle;
(9) Class M (multipurpose) vehicle;
(10) Class P (passenger bus) vehicle;
(11) Class Q (limousine) vehicle;
(12) Class R (low speed) vehicle; or
(13) Vehicle within any other class designated by the Administrator.
(b) (1) In addition to the registration fee otherwise required by this title, the
owner of any motor vehicle registered under this title shall pay a surcharge of [$17.00]
$40.00 per year for each motor vehicle registered.
(2) (I) [$2.50] $7.50 $6.50 of the surcharge collected under paragraph
(1) of this subsection shall be paid into the Maryland Trauma Physician Services Fund
established under § 19–130 of the Health – General Article.
(II) THE GOVERNOR ANNUALLY SHA LL ALLOCATE AT LEAST
$9.00 OF THE SURCHARGE COLLECTED UNDER PARAGRAPH (1) OF THIS
SUBSECTION TO THE R ADAMS COWLEY SHOCK TRAUMA CENTER.
(III) THE BALANCE OF THE SU RCHARGE COLLECTED UN DER
PARAGRAPH (1) OF THIS SUBSECTION S HALL BE PAID TO THE MARYLAND
EMERGENCY MEDICAL SYSTEM OPERATIONS FUND ESTABLISHED UNDE R § 13–955
OF THIS SUBTITLE. WES MOORE, Governor Ch. 719
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13–955.
(a) In this section, “Fund” means the Maryland Emergency Medical System
Operations Fund.
(b) (1) There is a Maryland Emergency Medical System Operations Fund.
(2) The Comptroller shall administer the Fund, including accounting for
all transactions and performing year–end reconciliation.
(3) The Fund is a continuing, nonlapsing fund which is not subject to §
7–302 of the State Finance and Procurement Article.
(4) Interest and earnings on the Fund shall be separately accounted for and
credited to the Fund, and are not subject to § 6–226(a) of the State Finance and
Procurement Article.
(c) The Fund consists of:
(1) Registration surcharges collected under § 13–954 of this subtitle;
(2) All funds, including charges for accident scene transports and
interhospital transfers of patients, generated by an entity specified in subsection (e) of this
section that is a unit of State government; and
(3) Revenues distributed to the Fund from the surcharges collected under
§ 7–301(f) of the Courts Article.
(d) Expenditures from the Fund shall be made pursuant to an appropriation
approved by the General Assembly in the annual State budget or by the budget amendment
procedure provided under § 7–209 of the State Finance and Procurement Article, provided
that any budget amendment shall be submitted to and approved by the Legislative Policy
Committee prior to the expenditure or obligation of funds.
(e) The money in the Fund shall be used solely for:
(1) Medically oriented functions of the Department of State Police, Special
Operations Bureau, Aviation Division;
(2) The Maryland Institute for Emergency Medical Services Systems;
(3) The R Adams Cowley Shock Trauma Center at the University of
Maryland Medical System;
(4) The Maryland Fire and Rescue Institute; Ch. 719 2024 LAWS OF MARYLAND
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(5) The provision of grants under the Senator William H. Amoss Fire,
Rescue, and Ambulance Fund in accordance with the provisions of Title 8, Subtitle 1 of the
Public Safety Article; and
(6) The Volunteer Company Assistance Fund in accordance with the
provisions of Title 8, Subtitle 2 of the Public Safety Article.
21–902.
(a) (1) (i) A person may not drive or attempt to drive any vehicle while
under the influence of alcohol.
(ii) A person may not drive or attempt to drive any vehicle while the
person is under the influence of alcohol per se.
(iii) A person convicted of a violation of this paragraph is subject to:
1. For a first offense, imprisonment not exceeding 1 year or
a fine not exceeding [$1,000] $1,100 $1,200 or both; and
2. For a second offense, imprisonment not exceeding 2 years
or a fine not exceeding [$2,000] $2,200 $2,400 or both.
(iv) For the purpose of determining subsequent offender penalties for
a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section
or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a
violation of this paragraph, shall be considered a prior conviction.
(2) (i) A person may not violate paragraph (1) of this subsection while
transporting a minor.
(ii) A person convicted of a violation of this paragraph is subject to:
1. For a first offense, imprisonment not exceeding 2 years or
a fine not exceeding $2,000 or both; and
2. For a second offense, imprisonment not exceeding 3 years
or a fine not exceeding $3,000 or both.
(iii) For the purpose of determining subsequent offender penalties for
a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2),
(c)(2), or (d)(2) of this section shall be considered a prior conviction.
(b) (1) (i) A person may not drive or attempt to drive any vehicle while
impaired by alcohol. WES MOORE, Governor Ch. 719
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(ii) A person convicted of a violation of this paragraph is subject to:
1. For a first offense, imprisonment not exceeding 2 months
or a fine not exceeding $500 or both; and
2. For a second offense, imprisonment not exceeding 1 year
or a fine not exceeding $500 or both.
(iii) For the purpose of determining subsequent offender penalties for
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c),
or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior
conviction.
(2) (i) A person may not violate paragraph (1) of this subsection while
transporting a minor.
(ii) A person convicted of a violation of this paragraph is subject to:
1. For a first offense, imprisonment not exceeding 1 year or
a fine not exceeding [$1,000] $1,100 $1,200 or both; and
2. For a second offense, imprisonment not exceeding 2 years
or a fine not exceeding [$2,000] $2,200 $2,400 or both.
(iii) For the purpose of determining subsequent offender penalties for
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2),
(c)(2), or (d)(2) of this section shall be considered a prior conviction.
(c) (1) (i) A person may not drive or attempt to drive any vehicle while so
far impaired by any drug, any combination of drugs, or a combination of one or more drugs
and alcohol that the person cannot drive a vehicle safely.
(ii) A person convicted of a violation of this paragraph is subject to:
1. For a first offense, imprisonment not exceeding 2 months
or a fine not exceeding $500 or both; and
2. For a second offense, imprisonment not exceeding 1 year
or a fine not exceeding $500 or both.
(iii) For the purpose of determining subsequent offender penalties for
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b),
or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior
conviction.
Ch. 719 2024 LAWS OF MARYLAND
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(iv) It is not a defense to any charge of violating this subsection that
the person charged is or was entitled under the laws of this State to use the drug,
combination of drugs, or combination of one or more drugs and alcohol, unless the person
was unaware that the drug or combination would make the person incapable of safely
driving a vehicle.
(2) (i) A person may not violate paragraph (1) of this subsection while
transporting a minor.
(ii) A person convicted of a violation of this paragraph is subject to:
1. For a first offense, imprisonment not exceeding 1 year or
a fine not exceeding [$1,000] $1,100 $1,200 or both; and
2. For a second offense, imprisonment not exceeding 2 years
or a fine not exceeding [$2,000] $2,200 $2,400 or both.
(iii) For the purpose of determining subsequent offender penalties for
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2),
(b)(2), or (d)(2) of this section shall be considered a prior conviction.
(d) (1) (i) A person may not drive or attempt to drive any vehicle while the
person is impaired by any controlled dangerous substance, as that term is defined in §
5–101 of the Criminal Law Article, if the person is not entitled to use the controlled
dangerous substance under the laws of this State.
(ii) A person convicted of a violation of this paragraph is subject to:
1. For a first offense, imprisonment not exceeding 1 year or
a fine not exceeding [$1,000] $1,100 $1,200 or both; and
2. For a second offense, imprisonment not exceeding 2 years
or a fine not exceeding [$2,000] $2,200 $2,400 or both.
(iii) For the purpose of determining subsequent offender penalties for
a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section
or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a
violation of this paragraph, shall be considered a prior conviction.
(2) (i) A person may not violate paragraph (1) of this subsection while
transporting a minor.
(ii) A person convicted of a violation of this paragraph is subject to:
1. For a first offense, imprisonment not exceeding 2 years or
a fine not exceeding $2,000 or both; and WES MOORE, Governor Ch. 719
– 17 –
2. For a second offense, imprisonment not exceeding 3 years
or a fine not exceeding $3,000 or both.
(iii) For the purpose of determining subsequent offender penalties for
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2),
(b)(2), or (c)(2) of this section shall be considered a prior conviction.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, May 16, 2024.