Maryland 2024 2024 Regular Session

Maryland Senate Bill SB450 Engrossed / Bill

Filed 03/12/2024

                     
 
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.