Untitled Document
HIGHLIGHTS
2017 Proposed Legislation |
Senate Bills |
House Bills |
Total Bills |
# Introduced in the 2017 Session |
1,200 |
1,661 |
2,861 |
# Passed both sides |
408 |
527 |
935 |
# Monitored by the MVA |
109 |
142 |
251 |
# Supported by the MVA |
3 |
6 |
9 |
# Opposed by the MVA |
1 |
0 |
1 |
# Letters of Information by the MVA |
7 |
15 |
22 |
# Monitored by MVA that passed |
42 |
48 |
90 |
The Motor Vehicle Administration (MVA) monitored approximately 251 bills during the 2017 session, approximately 9% of the 2,861 bills introduced. This figure represents approximately 60% of the 422 bills tracked by MDOT. Twenty-eight bills that passed both houses of the General Assembly will have a direct impact on MVA.
The following highlights the bills that have passed and will have a direct impact on MVA or transportation related issues.
VEHICLE BILLS
Chapter 670 (HB 0122) Motor Vehicles – Electronic Inspection Certificates for Used Vehicles – Sunset Extension
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_670_hb0122T.pdf
This bill extends the termination date, from June 30, 2017 to June 30, 2020, for the electronic submission of inspection certificates for used vehicles.
Effective Date – June 1, 2017
Chapter 502 (SB 0057) Income Tax Credit – Class F Vehicles – Modification and Extension
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_502_sb0057E.pdf
This bill requires the MVA, upon application by a taxpayer, to issue to a Tax Credit Certificate in the amount of $400 for each Class F (tractor) vehicle registered in the State by the taxpayer during the taxable year. The taxpayer who receives a Tax Credit Certificate may claim a credit against their State income tax for the total amount reflected on the Tax Credit Certificates received by the taxpayer, not to exceed the taxpayer’s total State income tax. The MVA cannot issue more than $10,000 in Tax Credit Certificates to any one taxpayer, nor more than $500,000 to all taxpayers, in any taxable year. Applications for Tax Credit Certificates must be processed on a first-come, first-served basis. The MVA must report to the Comptroller, annually, information detailing the certificates issued during the taxable year.
Effective Date – July 1, 2017
Chapter 363 (SB 0393) & Chapter 362 (HB 0406) Clean Cars Act of 2017
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_363_sb0393E.pdf
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_362_hb0406E.pdf
This bill authorizes the MVA to issue motor vehicle excise tax credits for certain qualified plug-in electric vehicles purchased new and titled for the first time on or after July 1, 2017, but before July 1, 2020. In order to qualify for the excise tax credit, a vehicle must have a battery capacity of at least 5.0 kilowatt-hours and a total purchase price not exceeding $60,000. The amount of the excise tax credit will be calculated by taking the number of kilowatt-hours of battery capacity multiplied by $100, not to exceed $3,000. An individual may not claim the tax credit for more than one vehicle, and a business may not claim the tax credit for more than ten vehicles. The aggregate amount of credits issued may not exceed $3,000,000 in any fiscal year. The bill also extends the Electric Vehicle Recharging Equipment Rebate Program for acquiring and installing qualified electric vehicle recharging equipment.
Effective Date – July 1, 2017
Chapter 663 (SB 0449) Estates and Trusts – Vehicle Transfers – Excise Tax and Fee Exemption
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_663_sb0449T.pdf
This bill prohibits the MVA from charging a title fee or excise tax on certain vehicles transferred to a trust, or from a trust to a beneficiary of the trust, under certain circumstances.
Effective Date – July 1, 2017
Chapter 344 (SB 0034) Motor Vehicles – Leased Vehicles – Inspections, Insurance, and Excise Tax
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_344_sb0034T.pdf
This bill exempts from the excise tax a vehicle leased by this State or any political subdivision of the State. The bill also prohibits the MVA from issuing, reinstating, or renewing a vehicle registration for a motor vehicle lessee who has an unpaid insurance penalty. Finally, the bill exempts a leased vehicle transferred to the lessee at the end of the lease term from the requirement for a Maryland State safety inspection prior to registration.
Effective Date – October 1, 2017
Chapter 710 (HB 0176) Motor Vehicle Registration – Exception for Golf Carts – Golden Beach Patuxent Knolls
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_710_hb0176T.pdf
This bill creates an exception to the vehicle registration requirement for golf carts operated on certain county highways in the community of Golden Beach Patuxent Knolls, in St. Mary’s County. The bill authorizes the St. Mary’s County Department of Public Works and Transportation to designate the county highways in the Golden Beach Patuxent Knolls community on which a person may operate a golf cart. The bill authorizes a properly licensed driver to operate a golf cart in the Golden Beach Patuxent Knolls community only on a designated county highway on which the maximum posted speed limit does not exceed 35 miles per hour, only between dawn and dusk, and only if the golf cart is equipped with lighting devices as required by the Administration. The driver of the golf cart must keep as far to the right of the roadway as feasible.
Effective Date – October 1, 2017
Chapter 696 (SB 0341) Vehicle Laws – School Vehicles – Definition
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_696_sb0341T.pdf
This bill alters the definition of a “school vehicle” to include a vehicle that was originally titled in another state and used to transport children, students, or teachers for educational purposes or in connection with a school activity in that state, that complies with federal regulations for transporting children in the federally funded Head Start Program, and which is used only for transporting children to and from a Head Start Program.
Effective Date – October 1, 2017
Chapter 751 (SB 0668) Vehicle Laws – Operation of Motorcycles – Handlebar Height
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_751_sb0668T.pdf
This bill increases the maximum height that motorcycle handlebars may be above the operator’s seat from 15 inches to 20 inches.
Effective Date – October 1, 2017
Chapter 684 (HB 0492) Vehicle Laws – Certificate of Title – Transfer-on-Death Beneficiary Designation
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_684_hb0492T.pdf
This bill allows a vehicle owner to designate a beneficiary to whom ownership of the vehicle will transfer upon the death of the vehicle owner. The bill requires the MVA to place a notation on the vehicle title indicating that there has been a beneficiary designation. The bill provides that, upon the death of a vehicle owner who has designated a beneficiary, ownership of the vehicle automatically passes to the surviving beneficiary, who must apply for a new certificate of title. If a designated beneficiary does not survive the death of the vehicle owner, the vehicle becomes part of the estate of the deceased owner.
Effective Date – October 1, 2017
Chapter 757 (HB 1150) Vehicle Laws – Off-Highway Recreational Vehicles
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_757_hb1150T.pdf
This bill alters the definition of an “off-highway recreational vehicle” to include a side-by-side utility vehicle that meets certain requirements. The bill sets the title fee for an off-highway recreational vehicle at $35.
Effective Date – October 1, 2017
Chapter 758 (HB 1447) Motor Vehicle Administration – Registration Plates – Return
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_758_hb1447T.pdf
This bill permits a registration plate that is required to be returned to the MVA to be returned through the mail.
Effective Date – October 1, 2017
DRIVER BILLS
Chapter 195 (SB 0045) Motor Vehicle Administration – Driving Instructors – Criminal History Records Checks
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_195_sb0045T.pdf
This bill authorizes the MVA to receive, and requires the Department of Public Safety and Correctional Services to provide, continuous monitoring of the criminal records of driver’s education instructors.
Effective Date – October 1, 2017
Chapter 488 (SB 0799) Driver Improvement Program and Failure to Pay Child Support – Driver’s License Suspensions – Penalties and Assessment of Points
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_488_sb0799T.pdf
This bill alters the penalties and points associated with driving while one’s license is suspended for failure to attend a driver improvement program or for failure to make required child support payments. Both of these violations will carry three points and will be “must appear” offenses, meaning that they cannot be prepaid and the violator must appear in court.
Effective Date – October 1, 2017
Chapter 204 (SB 0906) Child Support – Noncompliance with Court Order – License Suspension
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_204_sb0906T.pdf
This bill alters the number of days that a commercial driver’s license (CDL) holder can be out of compliance with their court ordered child support payments before their driver’s license will be suspended, increasing the number of days from 60 days to 120 days. The bill also clarifies the bases upon which a holder of a professional license may request an investigation of their child support obligation. The bill also clarifies the conditions under which the Child Support Enforcement Administration may not request license suspension, and/or must authorize reinstatement of a suspended license.
Effective Date – October 1, 2017
Chapter 717 (HB 1017) Motor Vehicle Administration – Driving Records – Expungement
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_717_hb1017E.pdf
This bill automates the process of expunging driving records, requiring the MVA to automatically expunge driving records when they become eligible. Customers will no longer have to apply for expungement. The eligibility requirements for expungement remain largely the same. However, drivers who have non-driving related suspensions will now be eligible for expungement. The bill also specifies certain record entries that are not eligible for expungement, including entries required for assessment of subsequent offender penalties.
Effective Date – October 1, 2017
Chapter 702 (HB 1071) Vehicle Laws – Victim’s Representative Notification – License Suspension Hearing
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_717_hb1017E.pdf
This bill alters the process for notifying a victim’s representative about a driver’s license suspension hearing related to the death of the victim. If an individual commits a moving violation that contributes to an accident that results in the death of another individual, the MVA may suspend the driver’s license of the individual committing the violation. However, the individual can request a hearing on the suspension. If a hearing is requested, the MVA must notify the victim’s representative, who has filed a victim’s representation notification form, of the hearing, and the representative must be given an opportunity to submit either written or oral testimony. The bill requires the Governor’s Office of Crime Control and Prevention to develop the victim’s representation notification form, and requires the Police Training Commission to distribute the form to each law enforcement agency. A law enforcement agency investigating a moving violation that results in a death must inform the victim’s representative of the right to file a victim’s representation notification form to request to be notified of a hearing on the driver’s license suspension resulting from the moving violation, and must provide the victim’s representative with the notification form. The victim’s representative must file that form with the MVA at least 30 days before the suspension hearing. If the victim’s representative files the notification form, the MVA must notify the representative at least 21 days before the hearing, and must notify the Office of Administrative Hearings that the notification form has been filed.
Effective Date – October 1, 2017
PENALTY BILLS
Chapter 744 (SB 0154) Vehicle Laws – School Bus Monitoring Cameras – Civil Penalty
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_744_sb0154E.pdf
This bill raises the maximum civil penalty for failure to stop for a school vehicle that is operating the alternately flashing red lights, that is captured on a school bus monitoring camera, and for which the driver was not issued a citation, from $250 to $500.
Effective Date – July 1, 2017
Chapter 167 (SB 0229) & Chapter 168 (HB 0635) Criminal Law – Homicide by Motor Vehicle or Vessel While Impaired by Controlled Dangerous Substance – Penalties
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_168_hb0635T.pdf &
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_167_sb0229T.pdf
This bill increases the possible periods of incarceration for homicide by motor vehicle or vessel while impaired by a controlled dangerous substance. For a first violation, the possible period of incarceration increases from three years to five years. For a person who has been previously convicted of the same offense or certain similar offenses, the possible period of incarceration increases from five years to ten years.
Effective Date – October 1, 2017
MISCELLANEOUS BILLS
Chapter 750 (SB 0086) & Chapter 749 (HB 0494) Motor Vehicles – Use of Fog Lights When Windshield Wipers Operating – Repeal
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_749_hb0494T.pdf & http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_750_sb0086T.pdf
This bill repeals the authority for a driver to use the vehicle’s fog lights, in lieu of headlamps, when operating the vehicle’s windshield wipers. Accordingly, a driver who is operating the vehicle’s windshield wipers must also light the vehicle’s headlamps.
Effective Date – July 1, 2017
Chapter 747 (HB 0756) Vehicle Laws – Annual Vehicle Shows
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_747_hb0756T.pdf
This bill authorizes a new vehicle dealer authorized the sell motorcycles, or a licensed salesman employed by the dealer, to participate in more than two annual vehicle shows. The bill also alters the information required to be provided by a dealer to the MVA when applying for approval to participate in a vehicle show by limiting the list of names and business addresses of participating dealers to the extent that the dealer knows such information. The bill also authorizes motorcycle dealers to sell used motorcycles at vehicle shows. Finally, the bill permits a motorcycle dealer, or a salesman employed by the dealer, who participates in a vehicle show to conduct all activities involved in a motorcycle sale at the vehicle show.
Effective Date – July 1, 2017
Chapter 707 (SB 0857) & Chapter 706 (HB 1275) State Government – Department of Veterans Affairs – Veteran’s Services Specialists
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_706_hb1275T.pdf & http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_707_sb0857E.pdf
This bill requires the MVA to designate an employee to serve as a veteran’s services specialist to coordinate veteran’s services with the director of the veterans Outreach and Advocacy Program in the Department of Veterans Affairs. The veteran’s services specialist is responsible for responding to and assisting veterans – both employees and customers.
Effective Date – October 1, 2017
Chapter 759 (HB 1456) Vehicle Laws – Passing to the Right – Use of Shoulder
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_759_hb1456T.pdf
This bill authorizes a driver of a vehicle to use the shoulder to pass to the right of another vehicle making or about to make a left turn, if the driver can do so without leaving the paved surface.
Effective Date – October 1, 2017
Chapter 756 (HB 1335) Vehicle Laws – Obstruction Hanging From Rearview Mirror – Enforcement
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_756_hb1335T.pdf
This bill explicitly prohibits a person from driving a vehicle on a highway with any object, material, or obstruction hanging from the rearview mirror that interferes with the clear view of the driver through the windshield. However, the bill makes violation of this prohibition enforceable only as a secondary action.
Effective Date – October 1, 2017
Chapter 697 (HB 0011) Vehicle Laws – Causing Diesel Emissions to Discharge Onto Another – Prohibition
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_697_hb0011T.pdf
This bill prohibits a person from knowingly or intentionally causing a diesel-powered motor vehicle to discharge clearly visible smoke, soot, or other exhaust emissions onto another person or motor vehicle, with certain limited exceptions.
Effective Date – October 1, 2017
Chapter 760 (HB 1301) Vehicle Laws – School Crossing Guards – Authority to Direct Traffic
http://mgaleg.maryland.gov/2017RS/chapters_noln/Ch_760_hb1301T.pdf
This bill expands the authority of a school crossing guard to direct traffic by authorizing the school crossing guard to direct vehicles and pedestrians on a highway or on school grounds in order to assist non-school vehicles in entering and leaving school grounds.
Effective Date – October 1, 2017
