HB 28
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 28 (Delegate Ebersole)
Environment and Transportation Judicial Proceedings
Vehicle Laws – Driver’s Licenses Confiscated for Real ID Compliance – Issuance
and Display of Recall Notice
This emergency bill allows a person to satisfy the general requirement that each individual
driving a motor vehicle on a highway in the State carry a license (and display the license
to any uniformed police officer who demands) it by possessing (and displaying) a recall
notice issued within the previous 60 days by a law enforcement officer. The bill
terminates December 31, 2024.
Fiscal Summary
State Effect: Potential minimal decrease in general fund revenues to the extent fewer
drivers receive citations. Enforcement can be handled with existing resources.
Transportation Trust Fund expenditures may increase minimally to develop and make the
required form available to law enforcement agencies; any such impact is expected to be
absorbable within existing budgeted resources.
Local Effect: Enforcement can be handled with existing resources. Revenues are not
affected.
Small Business Effect: None.
Analysis
Bill Summary: If a law enforcement officer confiscates an individual’s driver’s license
for failure to submit required documentation, the officer must issue to the individual a
written recall notice that includes (1) the reason for the confiscation of the license; (2) a
statement that the individual’s driving privileges have not been revoked as a result of the
confiscation; (3) instructions on how the individual may submit the required documents to
receive a valid driver’s license; and (4) the date of the issuance of the recall notice.
The Motor Vehicle Administration (MVA) must develop a form for the recall notice and
make the form available to all law enforcement agencies in the State.
Current Law/Background: Persons driving on a Maryland highway are required to carry
their driver’s license with them and to display it to a uniformed police officer on demand.
Failure to do so is a misdemeanor; the prepaid fine established by the District Court is $50.
Upon request by an officer, a person must sign his or her usual signature in the presence of
the officer so that the officer may determine whether he or she is the licensee. A person
may not give the name of another person (or give a false or fictitious name) to any
uniformed police officer who is attempting to determine their identity.
Chapter 142 of 2019 authorizes MVA to issue an “electronic credential” to an individual
in addition to (and not instead of) a license or an identification (ID) card if MVA has
already issued either physical credential to the individual. For purposes of satisfying the
requirement that an individual must display a license to any uniformed police officer who
demands it, Chapter 142 specifies that an electronic credential holder is deemed to have
satisfied the requirement only if the uniformed police officer is able to access the
verification system for electronic credentials.
Driver’s License Applications
Each application for a driver’s license must be made on the form that MVA requires. The
application must include, among other things, the applicant’s full name, Maryland
residence address, race, sex, height, weight, general physical condition, date of birth, and
any other pertinent information required by MVA. An applicant must also provide
specified documentary evidence that the applicant has a valid Social Security number or
that the applicant is not eligible for a Social Security number. Each noncommercial
Class A, B, C, or M license issued by MVA must be of the size, design, and
content specified by MVA, including the licensee’s name and residence address,
date of birth, a description, height, weight, sex, a color photograph, the type or class of
vehicles that the license authorizes the licensee to drive, the signature and seal of the issuing
agent, and a space for the signature of the licensee. When issued and signed, a
driver’s license authorizes the licensee to drive any vehicle of the type or class specified
on it, subject to any restrictions endorsed on the license.
A Maryland noncommercial driver’s license issued to an applicant age 21 or older is valid
for a maximum of eight years. MVA typically sends a renewal notice at least 60 days before
a license expiration date. However, an applicant does not need the notice to apply. If the
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applicant is age 25 or older, the individual is permitted to apply for a renewal license at
any time during the period from six months before the license expires to one year after it
expires. (However, a person is prohibited from driving – or attempting to drive – with an
expired license.)
If an individual is younger than age 21, the applicant must wait until his or her 21st birthday
or thereafter to renew; the applicant’s license will expire no later than 60 days after his or
her 21st birthday.
The renewal fee for an eight-year noncommercial driver’s license is $48.
REAL ID Act
On May 11, 2005, President George W. Bush signed into law the REAL ID Act, which
requires federal agencies to accept only personal ID cards that meet certain standards. The
U.S. Department of Homeland Security issued final regulations in January 2008. Pursuant
to the regulations, MVA must verify the identity and lawful status of each applicant for a
driver’s license or ID card. Once fully enforced, driver’s licenses and ID cards issued by
states that are not in compliance with REAL ID standards will not be recognized for federal
purposes, including accessing a federal facility and boarding a federally regulated
commercial aircraft.
State Revenues: Full enforcement of REAL ID requirements begins October 1, 2020.
Until that time, some portion of Maryland drivers will hold noncompliant licenses, with
more licensees becoming compliant as the deadline approaches. The number of licensees
who may have a driver’s license confiscated for noncompliance and subsequently be issued
a citation for driving a vehicle without a license or failing to display a license as requested
by a police officer cannot be reliably estimated. However, to the extent fewer citations are
issued to such individuals as a result of the bill, any effect on revenues is expected to be
minimal.
Additional Information
Prior Introductions: None.
Designated Cross File: SB 173 (Senator Hester) - Judicial Proceedings.
Information Source(s): Judiciary (Administrative Office of the Courts); Maryland
Department of Transportation; Department of State Police; Department of Legislative
Services
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Fiscal Note History: First Reader - January 24, 2020
rh/ljm Third Reader - March 14, 2020
Revised - Amendment(s) - March 14, 2020
Analysis by: Eric F. Pierce Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 28/ Page 4


Statutes affected:
Text - First - Vehicle Laws – Driver’s Licenses Confiscated for Real ID Compliance – Failure to Possess or Display: 16-112 Transportation
Text - Third - Vehicle Laws – Driver’s Licenses Confiscated for Real ID Compliance – Issuance and Display of Recall Notice: 16-112 Transportation, 16-112.1 Transportation, 16-112.1 Transportation, 16-106 Transportation