12 | | - | R5, L2 (5lr1068) |
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13 | | - | ENROLLED BILL |
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14 | | - | — Environment and Transportation/Judicial Proceedings — |
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15 | | - | Introduced by Montgomery County Delegation |
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16 | | - | |
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17 | | - | Read and Examined by Proofreaders: |
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18 | | - | |
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19 | | - | _______________________________________________ |
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20 | | - | Proofreader. |
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21 | | - | _______________________________________________ |
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22 | | - | Proofreader. |
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23 | | - | |
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24 | | - | Sealed with the Great Seal and presented to the Governor, for his approval this |
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25 | | - | |
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26 | | - | _______ day of _______________ at ________________________ o’clock, ________M. |
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27 | | - | |
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28 | | - | ______________________________________________ |
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29 | | - | Speaker. |
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| 11 | + | R5, L2 5lr1068 |
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| 12 | + | HB 665/24 – ENT |
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| 13 | + | By: Montgomery County Delegation |
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| 14 | + | Introduced and read first time: February 6, 2025 |
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| 15 | + | Assigned to: Environment and Transportation |
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| 16 | + | Committee Report: Favorable |
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| 17 | + | House action: Adopted |
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| 18 | + | Read second time: March 6, 2025 |
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30 | 19 | | |
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31 | 20 | | CHAPTER ______ |
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32 | 21 | | |
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33 | 22 | | AN ACT concerning 1 |
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34 | 23 | | |
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35 | 24 | | Montgomery County – Speed Monitoring Systems – High–Risk Highways 2 |
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36 | 25 | | |
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37 | 26 | | MC 17–25 3 |
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38 | 27 | | |
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39 | 28 | | FOR the purpose of authorizing the placement and use of speed monitoring systems on 4 |
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40 | 29 | | highways in Montgomery County that are at high risk for certain motor vehicle 5 |
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41 | 30 | | crashes; prohibiting the placement and use of speed monitoring systems on certain 6 |
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42 | 31 | | highways in Montgomery County; requiring the fines collected by Montgomery 7 |
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43 | 32 | | County or by a municipal government in Montgomery County as a result of violations 8 |
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44 | 33 | | enforced by a speed monitoring system to be used to fund the study, design, and 9 |
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45 | 34 | | construction of certain safety–related projects; requiring Montgomery County or a 10 |
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46 | 35 | | municipality in Montgomery County to conduct an evaluation of certain speed 11 |
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47 | 36 | | monitoring systems with a certain frequency; and generally relating to the 12 |
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48 | 37 | | placement and use of a speed monitoring system in Montgomery County. 13 |
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49 | | - | 2 HOUSE BILL 1173 |
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| 38 | + | |
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| 39 | + | BY repealing and reenacting, without amendments, 14 |
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| 40 | + | Article – Courts and Judicial Proceedings 15 |
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| 41 | + | Section 7–302(e)(4)(i) and (ii) 16 |
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| 42 | + | Annotated Code of Maryland 17 |
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| 43 | + | (2020 Replacement Volume and 2024 Supplement) 18 |
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| 44 | + | |
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| 45 | + | BY adding to 19 |
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| 46 | + | Article – Courts and Judicial Proceedings 20 |
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| 47 | + | Section 7–302(e)(4)(vii) 21 |
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| 48 | + | Annotated Code of Maryland 22 2 HOUSE BILL 1173 |
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58 | | - | BY adding to 6 |
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59 | | - | Article – Courts and Judicial Proceedings 7 |
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60 | | - | Section 7–302(e)(4)(vii) 8 |
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61 | | - | Annotated Code of Maryland 9 |
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62 | | - | (2020 Replacement Volume and 2024 Supplement) 10 |
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| 53 | + | BY repealing and reenacting, without amendments, 2 |
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| 54 | + | Article – Transportation 3 |
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| 55 | + | Section 21–101(a), (g), and (k) and 21–809(a)(1) and (8), (b)(1)(i) and (v), and (c) 4 |
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| 56 | + | Annotated Code of Maryland 5 |
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| 57 | + | (2020 Replacement Volume and 2024 Supplement) 6 |
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64 | | - | BY repealing and reenacting, without amendments, 11 |
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65 | | - | Article – Transportation 12 |
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66 | | - | Section 21–101(a), (g), and (k) and 21–809(a)(1) and (8), (b)(1)(i) and (v), and (c) 13 |
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67 | | - | Annotated Code of Maryland 14 |
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68 | | - | (2020 Replacement Volume and 2024 Supplement) 15 |
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| 59 | + | BY adding to 7 |
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| 60 | + | Article – Transportation 8 |
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| 61 | + | Section 21–101(l–1) and 21–809(b)(1)(xii) and (l) 9 |
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| 62 | + | Annotated Code of Maryland 10 |
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| 63 | + | (2020 Replacement Volume and 2024 Supplement) 11 |
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70 | | - | BY adding to 16 |
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71 | | - | Article – Transportation 17 |
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72 | | - | Section 21–101(l–1) and 21–809(b)(1)(xii) and (l) 18 |
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73 | | - | Annotated Code of Maryland 19 |
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74 | | - | (2020 Replacement Volume and 2024 Supplement) 20 |
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| 65 | + | BY repealing and reenacting, with amendments, 12 |
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| 66 | + | Article – Transportation 13 |
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| 67 | + | Section 21–809(b)(1)(vi) 14 |
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| 68 | + | Annotated Code of Maryland 15 |
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| 69 | + | (2020 Replacement Volume and 2024 Supplement) 16 |
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89 | | - | (e) (4) (i) Except as provided in paragraph (5) of this subsection, from the 30 |
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90 | | - | fines collected by a political subdivision as a result of violations enforced by speed 31 |
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91 | | - | monitoring systems, work zone speed control systems, stop sign monitoring systems, school 32 |
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92 | | - | bus monitoring cameras, bus lane monitoring systems, or noise abatement monitoring 33 |
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93 | | - | systems a political subdivision: 34 |
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| 84 | + | 1. May recover the costs of implementing and administering 26 |
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| 85 | + | the speed monitoring systems, work zone speed control systems, school bus monitoring 27 |
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| 86 | + | cameras, bus lane monitoring systems, or noise abatement monitoring systems; and 28 |
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95 | | - | 1. May recover the costs of implementing and administering 35 |
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96 | | - | the speed monitoring systems, work zone speed control systems, school bus monitoring 36 |
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97 | | - | cameras, bus lane monitoring systems, or noise abatement monitoring systems; and 37 |
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98 | | - | HOUSE BILL 1173 3 |
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| 88 | + | 2. Subject to subparagraphs (ii), (iii), and (iv) of this 29 |
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| 89 | + | paragraph, may spend any remaining balance solely for public safety purposes, including 30 |
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| 90 | + | pedestrian or highway safety programs. 31 |
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| 91 | + | |
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| 92 | + | (ii) 1. For any fiscal year, if the balance remaining from the fines 32 |
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| 93 | + | collected by a political subdivision as a result of violations enforced by speed monitoring 33 |
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| 94 | + | systems, after the costs of implementing and administering the systems are recovered in 34 |
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| 95 | + | accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 35 |
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| 96 | + | revenues of the political subdivision for the fiscal year, the political subdivision shall remit 36 |
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| 97 | + | any funds that exceed 10% of the total revenues to the Comptroller. 37 HOUSE BILL 1173 3 |
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105 | | - | (ii) 1. For any fiscal year, if the balance remaining from the fines 4 |
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106 | | - | collected by a political subdivision as a result of violations enforced by speed monitoring 5 |
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107 | | - | systems, after the costs of implementing and administering the systems are recovered in 6 |
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108 | | - | accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 7 |
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109 | | - | revenues of the political subdivision for the fiscal year, the political subdivision shall remit 8 |
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110 | | - | any funds that exceed 10% of the total revenues to the Comptroller. 9 |
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| 101 | + | 2. The Comptroller shall deposit any money remitted under 1 |
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| 102 | + | this subparagraph to the General Fund of the State. 2 |
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112 | | - | 2. The Comptroller shall deposit any money remitted under 10 |
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113 | | - | this subparagraph to the General Fund of the State. 11 |
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| 104 | + | (VII) FROM THE FINES COLLEC TED BY MONTGOMERY COUNTY 3 |
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| 105 | + | OR BY A M UNICIPAL GOVERNMENT IN MONTGOMERY COUNTY AS A RESULT OF 4 |
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| 106 | + | VIOLATIONS ENFORCED BY SPEED MONITORING SYSTEMS PLACED IN AC CORDANCE 5 |
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| 107 | + | WITH § 21–809(B)(1)(VI)7 OF THE TRANSPORTATION ARTICLE, ANY BALANCE 6 |
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| 108 | + | REMAINING AFTER THE ALLOCATION OF FINES UNDER SUBPARAGRAPH (I)1 OF THIS 7 |
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| 109 | + | PARAGRAPH SHALL BE U SED TO FUND THE STUD Y, DESIGN, AND CONSTRUCTION OF 8 |
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| 110 | + | SAFETY–RELATED PROJECTS ON ROADWAYS OR INTERSEC TIONS IN MONTGOMERY 9 |
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| 111 | + | COUNTY THAT HAVE BEEN IDENTIFIED IN THE MU NICIPALITY’S, COUNTY’S, OR 10 |
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| 112 | + | STATE’S MOST RECENT STRATEGIC HIGHWAY SAFETY PLAN OR VISION ZERO PLAN 11 |
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| 113 | + | AS ROADWAYS OR INTER SECTIONS THAT ARE AT HIGH RISK FOR MOTOR VEHICLE 12 |
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| 114 | + | CRASHES THAT RESULT IN SERIO US BODILY INJURY OR DEATH. 13 |
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115 | | - | (VII) 1. FROM THE FINES COLLEC TED BY MONTGOMERY 12 |
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116 | | - | COUNTY OR BY A MUNICIPAL GO VERNMENT IN MONTGOMERY COUNTY AS A RESULT 13 |
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117 | | - | OF VIOLATIONS ENFORC ED BY SPEED MONITORI NG SYSTEMS PLACED IN 14 |
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118 | | - | ACCORDANCE WITH § 21–809(B)(1)(VI)7 OF THE TRANSPORTATION ARTICLE, ANY 15 |
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119 | | - | BALANCE REMAINING AF TER THE ALLOCATION O F FINES UNDER SUBPAR AGRAPH 16 |
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120 | | - | (I)1 OF THIS PARAGRAPH SH ALL BE USED TO FUND THE STUDY, DESIGN, AND 17 |
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121 | | - | CONSTRUCTION OF SAFE TY–RELATED PROJECTS ON ROADWAYS OR INTERSEC TIONS 18 |
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122 | | - | IN MONTGOMERY COUNTY THAT HAVE BEEN IDENTIFIED IN THE MUNICIPALITY’S, 19 |
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123 | | - | COUNTY’S, OR STATE’S MOST RECENT STRATEGIC HIGHWAY SAFETY PLAN OR 20 |
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124 | | - | VISION ZERO PLAN AS ROADWAY S OR INTERSECTIONS T HAT ARE AT HIGH RISK FOR 21 |
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125 | | - | MOTOR VEHICLE CRASHE S THAT RESULT IN SER IOUS BODILY INJURY O R DEATH. 22 |
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| 116 | + | Article – Transportation 14 |
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127 | | - | 2. FROM THE FINES COLLEC TED BY A MUNICIPAL 23 |
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128 | | - | GOVERNMENT IN MONTGOMERY COUNTY AS A RESULT OF VIOLATIONS ENFORCED 24 |
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129 | | - | BY SPEED MONITORING SYSTEMS PLACED IN ACCORDANCE WITH § 21–809(B)(1)(VI)7 25 |
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130 | | - | OF THE TRANSPORTATION ARTICLE, ANY BALANCE REMAININ G AFTER THE 26 |
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131 | | - | ALLOCATION OF FINES UNDER SUBPARAGRAPH (I)1 OF THIS PARAGRAPH SH ALL BE 27 |
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132 | | - | USED TO FUND THE STU DY, DESIGN, AND CONSTRUCTION OF SAFETY–RELATED 28 |
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133 | | - | PROJECTS ON ROADWAYS OR INTER SECTIONS IN THE MUNI CIPALITY THAT HAVE 29 |
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134 | | - | BEEN IDENTIFIED IN T HE MUNICIPALITY ’S, COUNTY’S, OR STATE’S MOST RECENT 30 |
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135 | | - | STRATEGIC HIGHWAY SAFETY PLAN, VISION ZERO PLAN, OR SIMILAR ROAD SAFE TY 31 |
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136 | | - | PLAN AS ROADWAYS OR INTERSECTIONS THAT A RE AT HIGH R ISK FOR MOTOR 32 |
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137 | | - | VEHICLE CRASHES THAT RESULT IN SERIOUS BO DILY INJURY OR DEATH . 33 |
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| 118 | + | 21–101. 15 |
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143 | | - | (a) In this title and Title 25 of this article the following words have the meanings 36 |
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144 | | - | indicated. 37 |
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| 128 | + | (k) “Expressway” means a major highway of 2 or more traffic lanes in each 22 |
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| 129 | + | direction that is designed to eliminate principal traffic hazards and has the following 23 |
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| 130 | + | characteristics: 24 |
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| 131 | + | |
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| 132 | + | (1) A median divider separating opposing traffic lanes to eliminate 25 |
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| 133 | + | head–on collisions and sideswiping; 26 |
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| 134 | + | |
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| 135 | + | (2) Grade separation structures to eliminate the conflict of cross streams 27 |
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| 136 | + | of traffic at each intersection; 28 |
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| 137 | + | |
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| 138 | + | (3) Points of entrance and exit limited to predetermined locations; 29 |
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| 139 | + | |
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| 140 | + | (4) Vertical curves long enough to provide long sight distances; and 30 |
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| 141 | + | |
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| 142 | + | (5) Shoulders wide enough to permit vehicles to stop or park out of traffic 31 |
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| 143 | + | lanes. 32 |
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148 | | - | (g) “Controlled access highway” means a highway or roadway to or from which 1 |
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149 | | - | persons, including the owners or occupants of abutting lands, have no right of access except 2 |
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150 | | - | at the points and in the manner determined by the public authority with jurisdiction over 3 |
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151 | | - | the highway or roadway. 4 |
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| 147 | + | (L–1) “INTERSTATE HIGHWAY ” MEANS A STATE HIGHWAY THAT IS PART OF 1 |
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| 148 | + | THE NATIONAL INTERSTATE SY STEM IN THE STATE, AS DESIGNATED BY THE 2 |
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| 149 | + | ADMINISTRATION AND AP PROVED BY THE UNITED STATES SECRETARY OF 3 |
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| 150 | + | TRANSPORTATION UNDER TITLE 23 OF THE UNITED STATES CODE. 4 |
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187 | | - | (v) An ordinance or resolution adopted by the governing body of a 28 |
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188 | | - | local jurisdiction under this paragraph shall provide that, if the local jurisdiction moves or 29 |
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189 | | - | places a mobile or stationary speed monitoring system to or at a location where a speed 30 |
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190 | | - | monitoring system had not previously been moved or placed, the local jurisdiction may not 31 |
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191 | | - | issue a citation for a violation recorded by that speed monitoring system: 32 |
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| 190 | + | A. Subject to subparagraph (vii)1 of this paragraph, on 32 |
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| 191 | + | Maryland Route 210 (Indian Head Highway); or 33 |
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195 | | - | 1. Until signage is installed in accordance with 1 |
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196 | | - | subparagraph (viii) of this paragraph; and 2 |
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| 195 | + | B. On that part of a highway located within the grounds of 1 |
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| 196 | + | an institution of higher education as defined in § 10–101(h) of the Education Article, or 2 |
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| 197 | + | within one–half mile of the grounds of a building or property used by the institution of 3 |
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| 198 | + | higher education where generally accepted traffic and engineering practices indicate that 4 |
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| 199 | + | motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 5 |
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| 200 | + | institution of higher education; 6 |
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205 | | - | 1. In Anne Arundel County, Montgomery County, or Prince 8 |
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206 | | - | George’s County, on a highway in a residential district, as defined in § 21–101 of this title, 9 |
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207 | | - | with a maximum posted speed limit of 35 miles per hour, which speed limit was established 10 |
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208 | | - | using generally accepted traffic engineering practices; 11 |
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| 209 | + | 6. Subject to subparagraph (vii)3 of this paragraph, at the 12 |
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| 210 | + | intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County; 13 |
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| 211 | + | OR 14 |
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215 | | - | A. Subject to subparagraph (vii)1 of this paragraph, on 15 |
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216 | | - | Maryland Route 210 (Indian Head Highway); or 16 |
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| 225 | + | (c) (1) Unless the driver of the motor vehicle received a citation from a police 25 |
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| 226 | + | officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this 26 |
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| 227 | + | section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 27 |
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| 228 | + | recorded by a speed monitoring system while being operated in violation of this subtitle. 28 |
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218 | | - | B. On that part of a highway located within the grounds of 17 |
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219 | | - | an institution of higher education as defined in § 10–101(h) of the Education Article, or 18 |
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220 | | - | within one–half mile of the grounds of a building or property used by the institution of 19 |
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221 | | - | higher education where generally accepted traffic and engineering practices indicate that 20 |
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222 | | - | motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 21 |
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223 | | - | institution of higher education; 22 |
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| 230 | + | (2) A civil penalty under this subsection may not exceed $40. 29 |
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232 | | - | 6. Subject to subparagraph (vii)3 of this paragraph, at the 28 |
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233 | | - | intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County; 29 |
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234 | | - | OR 30 |
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235 | | - | |
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236 | | - | 7. SUBJECT TO SUBPARAGRA PH (XII) OF THIS 31 |
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237 | | - | PARAGRAPH , IN MONTGOMERY COUNTY ON A HIGHWAY I DENTIFIED IN THE 32 |
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238 | | - | MUNICIPALITY’S, COUNTY’S, OR STATE’S MOST RECENT STRATEGIC HIGHWAY 33 |
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239 | | - | SAFETY PLAN OR VISION ZERO PLAN AS A HIGHWAY THA T IS AT HIGH RISK FO R 34 |
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240 | | - | MOTOR VEHICLE C RASHES THAT RESULT IN SERIO US BODILY INJURY OR DEATH. 35 6 HOUSE BILL 1173 |
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| 237 | + | (ii) A civil penalty, which shall be indicated on the citation, to be paid 33 |
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| 238 | + | by persons who choose to prepay the civil penalty without appearing in District Court. 34 |
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| 239 | + | 6 HOUSE BILL 1173 |
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244 | | - | (XII) NEITHER MONTGOMERY COUNTY NOR A MUNICIPA L 1 |
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245 | | - | GOVERNMENT IN MONTGOMERY COUNTY MAY PLACE , HAVE PLACED , OR USE A 2 |
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246 | | - | SPEED MONITORING SYS TEM TO ENFORCE SPEED LIMITS IN ACCORDANCE WITH 3 |
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247 | | - | THIS SECTION ON A CONTROLLED ACCESS HI GHWAY, AN EXPRESSWAY , OR AN 4 |
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248 | | - | INTERSTATE HIGHWAY I N THE COUNTY. 5 |
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249 | | - | |
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250 | | - | (c) (1) Unless the driver of the motor vehicle received a citation from a police 6 |
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251 | | - | officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this 7 |
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252 | | - | section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 8 |
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253 | | - | recorded by a speed monitoring system while being operated in violation of this subtitle. 9 |
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254 | | - | |
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255 | | - | (2) A civil penalty under this subsection may not exceed $40. 10 |
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256 | | - | |
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257 | | - | (3) For purposes of this section, the District Court shall prescribe: 11 |
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258 | | - | |
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259 | | - | (i) A uniform citation form consistent with subsection (d)(1) of this 12 |
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260 | | - | section and § 7–302 of the Courts Article; and 13 |
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261 | | - | |
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262 | | - | (ii) A civil penalty, which shall be indicated on the citation, to be paid 14 |
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263 | | - | by persons who choose to prepay the civil penalty without appearing in District Court. 15 |
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264 | | - | |
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265 | | - | (L) ON OR BEFORE OCTOBER 1, 2030, AND ON OR BEFORE OCTOBER 1 16 |
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266 | | - | EVERY 5 YEARS THEREAFTER , MONTGOMERY COUNTY OR A MUNICIPAL ITY IN 17 |
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267 | | - | MONTGOMERY COUNTY SHALL EVALUATE EACH SP EED MONITORING SYSTE M USED 18 |
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268 | | - | IN ACCORDANCE WITH S UBSECTION (B)(1)(VI)7 OF THIS SECTION FOR ITS 19 |
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269 | | - | EFFECTIVENESS IN RED UCING THE MOTOR VEHI CLE SPEED AT OR BELO W WHICH 20 |
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270 | | - | 85% OF THE DRIVERS TRAVE L AT THE LOCATION OF THE SPEED MONITORING 21 |
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271 | | - | SYSTEM. 22 |
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272 | | - | |
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273 | | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 |
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274 | | - | October 1, 2025. 24 |
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275 | | - | |
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| 250 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 |
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| 251 | + | October 1, 2025. 9 |
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