EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING 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. *sb0450* SENATE BILL 450 R5, L2 4lr1406 HB 1171/23 – ENT CF HB 58 By: Senators Brooks, Hettleman, Klausmeier , Sydnor, M. Washington, and West Introduced and read first time: January 22, 2024 Assigned to: Judicial Proceedings Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 27, 2024 CHAPTER ______ AN ACT concerning 1 Baltimore County – Speed Monitoring Systems – Residential Districts and 2 Mailing of Citations 3 FOR the purpose of establishing that certain provisions of law authorizing the use of speed 4 monitoring systems in certain residential districts apply in Baltimore County; 5 requiring the fines collected by Baltimore County as a result of violations enforced 6 by the speed monitoring systems authorized under certain provisions of this Act to 7 be used to assist in covering the costs of traffic calming devices in the county; 8 requiring that all speed limit signs within certain segments of certain highways in 9 Baltimore County include certain signs; making placement and use of a speed 10 monitoring system under this Act contingent on a determination by the Baltimore 11 County Police Department that the speed monitoring system is necessary and on the 12 approval of the Baltimore County Council subject to certain requirements; altering 13 a certain reporting requirement of the Maryland Police Training and Standards 14 Commission to include certain information on a speed monitoring system program 15 in Baltimore County; providing a certain person whose motor vehicle or registration 16 plates are stolen a certain expedited appeals process if the person is issued a certain 17 citation in Baltimore County, subject to certain conditions; providing that a certain 18 law enforcement agency in Baltimore County may not mail a certain citation until 19 the agency consults with the Motor Vehicle Administration to ensure that the 20 citation is mailed to the current owner using the owner’s current mailing address 21 and confirms that the motor vehicle or its registration plates were not reported as 22 stolen; and generally relating to speed monitoring systems in Baltimore County. 23 BY repealing and reenacting, without amendments, 24 2 SENATE BILL 450 Article – Courts and Judicial Proceedings 1 Section 7–302(e)(4)(i) 2 Annotated Code of Maryland 3 (2020 Replacement Volume and 2023 Supplement) 4 BY adding to 5 Article – Courts and Judicial Proceedings 6 Section 7–302(e)(4)(vii) 7 Annotated Code of Maryland 8 (2020 Replacement Volume and 2023 Supplement) 9 BY repealing and reenacting, without amendments, 10 Article – Transportation 11 Section 21–101(a) and (s) and 21–809(a)(1) and (8) and (b)(1)(i) Section 11–102, 12 21–101(a) and (s), and 21–809(a)(1), (2), and (8), (b)(1)(i) and (x)1., and (d)(1)(i) 13 Annotated Code of Maryland 14 (2020 Replacement Volume and 2023 Supplement) 15 BY repealing and reenacting, with amendments, 16 Article – Transportation 17 Section 21–809(b)(1)(vi) and (viii), (viii), and (x)2., (d)(5), and (k) 18 Annotated Code of Maryland 19 (2020 Replacement Volume and 2023 Supplement) 20 BY adding to 21 Article – Transportation 22 Section 21–809(b)(1)(xii) and (d)(5) 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 – Courts and Judicial Proceedings 28 7–302. 29 (e) (4) (i) Except as provided in paragraph (5) of this subsection, from the 30 fines collected by a political subdivision as a result of violations enforced by speed 31 monitoring systems, school bus monitoring cameras, or bus lane monitoring systems, a 32 political subdivision: 33 1. May recover the costs of implementing and administering 34 the speed monitoring systems, school bus monitoring cameras, or bus lane monitoring 35 systems; and 36 SENATE BILL 450 3 2. Subject to subparagraphs (ii), (iii), and (iv) of this 1 paragraph, may spend any remaining balance solely for public safety purposes, including 2 pedestrian safety programs. 3 (VII) FROM THE FINES COLLEC TED BY BALTIMORE COUNTY AS A 4 RESULT OF VIOLATIONS ENFORCED BY SPEED MO NITORING SYSTEMS IN 5 RESIDENTIAL DISTRICT S AUTHORIZED UNDER § 21–809(B)(1)(VI)1 OF THE 6 TRANSPORTATION ARTICLE, ANY BALANCE REMAININ G AFTER THE ALLOCATI ON OF 7 FINES UNDER SUBPARAG RAPH (I)1 OF THIS PARAGRAPH SH ALL BE USED SOLELY T O 8 ASSIST IN COVERING T HE COST OF SITING , CONSTRUCT ING, INSTALLING, AND 9 MAINTAINING TRAFFIC CALMING DEVICES IN BALTIMORE COUNTY. 10 Article – Transportation 11 21–101. 12 (a) In this title and Title 25 of this article the following words have the meanings 13 indicated. 14 (s) “Residential district” means an area that: 15 (1) Is not a business district; and 16 (2) Adjoins and includes a highway where the property along the highway, 17 for a distance of at least 300 feet, is improved mainly with residences or residences and 18 buildings used for business. 19 21–809. 20 (a) (1) In this section the following words have the meanings indicated. 21 (8) “Speed monitoring system” means a device with one or more motor 22 vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 23 miles per hour above the posted speed limit. 24 (b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 25 under this section unless its use is authorized by the governing body of the local jurisdiction 26 by local law enacted after reasonable notice and a public hearing. 27 (vi) This section applies to a violation of this subtitle recorded by a 28 speed monitoring system that meets the requirements of this subsection and has been 29 placed: 30 1. In Anne Arundel County, BALTIMORE COUNTY, 31 Montgomery County, or Prince George’s County, on a highway in a residential district, as 32 4 SENATE BILL 450 defined in § 21–101 of this title, with a maximum posted speed limit of 35 miles per hour, 1 which speed limit was established using generally accepted traffic engineering practices; 2 2. In a school zone with a posted speed limit of at least 20 3 miles per hour; 4 3. In Prince George’s County: 5 A. Subject to subparagraph (vii)1 of this paragraph, on 6 Maryland Route 210 (Indian Head Highway); or 7 B. On that part of a highway located within the grounds of 8 an institution of higher education as defined in § 10–101(h) of the Education Article, or 9 within one–half mile of the grounds of a building or property used by the institution of 10 higher education where generally accepted traffic and engineering practices indicate that 11 motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 12 institution of higher education; 13 4. Subject to subparagraph (vii)2 of this paragraph, on 14 Interstate 83 in Baltimore City; 15 5. In Anne Arundel County, on Maryland Route 175 (Jessup 16 Road) between the Maryland Route 175/295 interchange and the Anne Arundel 17 County–Howard County line; or 18 6. Subject to subparagraph (vii)3 of this paragraph, at the 19 intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County. 20 (viii) Before activating a speed monitoring system, the local 21 jurisdiction shall: 22 1. Publish notice of the location of the speed monitoring 23 system on its website and in a newspaper of general circulation in the jurisdiction; 24 2. Ensure that each sign that designates a school zone is 25 proximate to a sign that: 26 A. Indicates that speed monitoring systems are in use in the 27 school zone; and 28 B. Is in accordance with the manual for and the specifications 29 for a uniform system of traffic control devices adopted by the State Highway Administration 30 under § 25–104 of this article; 31 3. With regard to a speed monitoring system established on 32 Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity 33 to an institution of higher education under subparagraph (vi)3 of this paragraph, on 34 SENATE BILL 450 5 Interstate 83 in Baltimore City, IN BALTIMORE COUNTY UNDER SUBPARAG RAPH (VI)1 1 OF THIS PARAGRAPH , in Anne Arundel County on Maryland Route 175 (Jessup Road) 2 between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 3 County line, or at the intersection of Maryland Route 333 (Oxford Road) and Bonfield 4 Avenue in Talbot County, ensure that all speed limit signs approaching and within the 5 segment of highway on which the speed monitoring system is located include signs that: 6 A. Are in accordance with the manual and specifications for 7 a uniform system of traffic control devices adopted by the State Highway Administration 8 under § 25–104 of this article; and 9 B. Indicate that a speed monitoring system is in use; and 10 4. With regard to a speed monitoring system placed on 11 Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in 12 Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup Road) between 13 the Maryland Route 175/295 interchange and the Anne Arundel County–Howard County 14 line, or at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in 15 Talbot County, ensure that each sign that indicates that a speed monitoring system is in 16 use is proximate to a device that displays a real–time posting of the speed at which a driver 17 is traveling. 18 (XII) A SPEED MONITORING SYS TEM MAY NOT BE PLACE D OR 19 USED IN BALTIMORE COUNTY UNDER SUBPARAG RAPH (VI)1 OF THIS PARAGRAPH 20 UNLESS, IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y THE BALTIMORE 21 COUNTY ADMINISTRATION TO CAR RY OUT THIS SUBPARAG RAPH: 22 1. THE BALTIMORE COUNTY POLICE DEPARTMENT : 23 A. DETERMINES DETERMINES THAT THE SPEED 24 MONITORING SYSTEM IS NECESSARY BASED ON A TRAFFIC SAFETY ANALY SIS FOR 25 THE PROPOSED LOCATIO N CONDUCTED IN CONJU NCTION WITH THE BALTIMORE 26 COUNTY DEPARTMENT OF PUBLIC WORKS; AND 27 B. TO THE EXTENT PRACTIC ABLE, CONSIDERS WHETHER 28 THE PLACEMENT OF THE SPEED MONITORING SYS TEM AT THE PROPOSED LOCATION 29 DISPARATELY IMPACTS MOTOR VEHICLE OWNERS AND RESIDENTIAL COMM UNITIES 30 BASED ON RACE OR SOC IOECONOMIC STATUS ; AND 31 2. THE PLACEMENT AND USE OF THE SPEED 32 MONITORING SYSTEM IS APPROVED BY THE BALTIMORE COUNTY COUNCIL AFTER 33 NOTICE AND AN OPPORT UNITY FOR PUBLIC INP UT ARE PROVIDED PUBLIC NOTICE 34 AND AN OPPORTUNITY F OR COMMENT HAS BEEN PROVIDED. 35 6 SENATE BILL 450 (k) (1) On or before December 31 of each year, the Maryland Police Training 1 and Standards Commission shall: 2 (i) Compile and make publicly available a report for the previous 3 fiscal year on each speed monitoring system program operated by a local jurisdiction under 4 this section; and 5 (ii) Submit the report to the Governor and, in accordance with § 6 2–1257 of the State Government Article, the General Assembly. 7 (2) The report shall include: 8 (i) The total number of citations issued; 9 (ii) The number of citations issued and the number voided as 10 erroneous violations for each camera; 11 (iii) The gross revenue generated by the program; 12 (iv) The expenditures incurred by the program; 13 (v) The net revenue generated by the program; 14 (vi) The total amount of any payments made to a contractor under 15 the program; 16 (vii) A description of how the net revenue generated by the program 17 was used; 18 (viii) The number of employees of the local jurisdiction involved in the 19 program; 20 (ix) The type of speed monitoring system used by the local 21 jurisdiction; 22 (x) The locations at which each speed monitoring system was used 23 in the local jurisdiction; 24 (xi) The activation start and stop dates of each speed monitoring 25 system for each location at which it was used; [and] 26 (xii) The number of citations issued by each speed monitoring system 27 at each location; AND 28 (XIII) FOR A SPEED MONITORIN G SYSTEM PROGRAM IN 29 BALTIMORE COUNTY: 30 SENATE BILL 450 7 1. THE NUMBER OF TRAFFIC ACCIDENTS AT THE 1 LOCATION OF EACH SPE ED MONITORING SYSTEM COMPARED WITH THE NU MBER OF 2 TRAFFIC ACCIDENTS AT THE SAME LOCATION DU RING EACH OF THE 2 PRIOR FISCAL 3 YEARS; 4 2. THE NUMBER OF VIOLATI ONS FOR WHICH A CITA TION 5 WAS ISSUED THAT OCCU RRED IN EACH CENSUS TRACT; 6 3. A DESCRIPTION OF ANY C HANGES IN THE LOCATI ON 7 OF A SPEED MONITORIN G SYSTEM; AND 8 4. THE TOTAL AMOUNT OF C IVIL PENALTIES 9 COLLECTED UNDER THE PROGRAM, DISAGGREGATED BY SPE ED MONITORING 10 SYSTEM. 11 (3) Each local jurisdiction with a speed monitoring system program shall 12 submit the information required under paragraph (2) of this subsection to the Commission 13 by October 31 of each year and assist the Commission in the preparation of the annual 14 report. 15 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16 as follows: 17 Article – Transportation 18 11–102. 19 “Administration” means the Motor Vehicle Administration. 20 21–809. 21 (a) (1) In this section the following words have the meanings indicated. 22 (2) “Agency” means: 23 (i) A law enforcement agency of a local political subdivision that is 24 authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic 25 laws or regulations; or 26 (ii) For a municipal corporation that does not maintain a police force, 27 an agency established or designated by the municipal corporation to implement this 28 subtitle using speed monitoring systems in accordance with this section. 29 (b) (1) (x) 1. A local jurisdiction that authorizes a program of speed 30 monitoring systems shall designate an official or employee to investigate and respond to 31 questions or concerns about the local jurisdiction’s speed monitoring system program. 32 8 SENATE BILL 450 2. A. The local designee shall review a citation generated 1 by a speed monitoring system if the person who received the citation requests review before 2 the deadline for contesting liability under this section. 3 B. If the local designee determines that the citation is an 4 erroneous violation, the local designee shall void the citation. 5 C. IN BALTIMORE COUNTY, IF THE LOCAL DESIGNE E 6 DETERMINES THAT THE CITATION WAS MAILED BEFORE THE MOTOR VEHICLE 7 INVOLVED IN THE VIOL ATION OR ITS REGISTR ATION PLATES WERE RE PORTED AS 8 STOLEN AND THE MOTOR VEHICLE OR REGISTRAT ION PLATES WERE NOT IN THE 9 PERSON’S CONTROL OR POSSESS ION AT THE TIME THE VIOLATION OCCURRED , THE 10 LOCAL DESIGNEE SHALL VOID THE CITATION. 11 [C.] D. If the local designee determines that a person did 12 not receive notice of a citation issued under this section due to an administrative error, the 13 local designee may resend the citation in accordance with subsection (d) of this section or 14 void the citation. 15 [D.] E. A local designee that takes any action described 16 under subsubsubparagraph C of this subsubparagraph shall notify the Administration of 17 the action for the purpose of rescinding any administrative penalties imposed under 18 subsection (g) of this section. 19 [E.] F. A local designee may not determine that a citation 20 is an erroneous violation based solely on the dismissal of the citation by a court. 21 (d) (1) Subject to the provisions of paragraphs (2) through (4) of this 22 subsection, an agency shall mail to an owner liable under subsection (c) of this section a 23 citation that shall include: 24 (i) The name and address of the registered owner of the vehicle; 25 (5) WITH REGARD TO A CITA TION FOR A VIOLATION RECORDED BY A 26 SPEED MONITORING SYSTEM IN BALTIMORE COUNTY, AN AGENCY MAY NOT MA IL 27 THE CITATION UNTIL T HE AGENCY: 28 (I) CONSULTS WITH THE ADMINISTRATION TO ENS URE THE 29 CITATION IS MAILED T O THE CURRENT OWNER OF THE VEHICLE USING : 30 1. THE CURRENT MAILING A DDRESS ON FILE WITH THE 31 ADMINISTRATION ; OR 32 SENATE BILL 450 9 2. IF A MAILING ADDRESS IS UNAVAILABLE , THE 1 CURRENT RESIDENTIAL ADDRESS ON FILE WITH THE ADMINISTRATION ; AND 2 (II) CONFIRMS THAT THE MOT OR VEHICLE INVOLVED IN THE 3 VIOLATION OR ITS REG ISTRATION PLATES WER E NOT REPORTED AS STOLEN. 4 [(5)] (6) A person who receives a citation under paragraph (1) of this 5 subsection may: 6 (i) Pay the civil penalty, in accordance with instructions on the 7 citation, directly to the political subdivision; [or] 8 (ii) Elect to stand trial in the District Court for the alleged violation; 9 OR 10 (III) WITH REGARD TO A CITA TION FOR A VIOLATION RECORDED 11 BY A SPEED MONITORIN G SYSTEM IN BALTIMORE COUNTY, REQUEST REVIEW OF 12 THE CITATION BY A LO CAL DESIGNEE UNDER S UBSECTION (B)(1)(X)2A OF THIS 13 SECTION IF THE MOTOR VEHIC LE OR ITS REGISTRATI ON PLATES WERE : 14 1. REPORTED AS STOLEN AF TER THE CITATION WAS 15 MAILED; AND 16 2. NOT IN THE PERSON ’S CONTROL OR POSSESS ION AT 17 THE TIME THE VIOLATI ON OCCURRED . 18 SECTION 2. 3. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 19 October 1, 2024. Section 1 of this Act shall remain effective for a period of 10 years and, at 20 the end of September 30, 2034, Section 1 of this Act, with no further action required by the 21 General Assembly, shall be abrogated and of no further force and effect. 22 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.