HB 1082
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 1082 (Delegate Lopez)
Environment and Transportation and
Judiciary
Vehicle Laws – Enforcement and Use of Real–Time Digital Spotters
This bill authorizes State and local law enforcement agencies to use fixed or mobile
real-time digital spotters to assess, record, and transmit images of potential violations of
specified offenses under the Maryland Vehicle Law. Fines for certain of those offenses are
lowered and set at $25 for a first offense and either a maximum of or a flat $50 for a second
or subsequent offense. A local jurisdiction that authorizes the use of real-time digital
spotters must ensure that there is not a disparate impact on minority communities in the
placement or use of real-time digital spotters. The Department of State Police (DSP) and
the State Highway Administration (SHA) must jointly adopt regulations establishing
standards and procedures for real-time digital spotters.
Fiscal Summary
State Effect: General fund revenues decrease significantly beginning in FY 2022.
Transportation Trust Fund (TTF) expenditures increase by $75,000 in FY 2022 only. The
bill’s impact otherwise depends on the extent to which digital spotters are employed, as
discussed below.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
GF Revenue (-) (-) (-) (-) (-)
SF Expenditure $75,000 $0 $0 $0 $0
Net Effect (-) (-) (-) (-) (-)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Local government expenditures potentially increase to the extent to which
digital spotters are employed, as discussed below. Revenues are not affected.
Small Business Effect: None.
 Analysis
Bill Summary/Current Law:
Real-time Digital Spotter – Definition
Under the bill, a “real-time digital spotter” means a visual assessment system that uses
artificial intelligence to assess and transmit an image of a potential violation of the
Maryland Vehicle Law to a law enforcement officer. “Violation,” as defined under the bill,
means a violation of specified offenses under the Maryland Vehicle Law relating to speed
restrictions, mandatory seatbelt use, and the use of text messaging devices and handheld
telephones while driving. “Agency,” as it applies to the bill’s provisions, means a State or
local law enforcement agency that is authorized to issue a citation for a violation of the
Maryland Vehicle Law.
Real-time Digital Spotter – Authorized Use
The bill authorizes an agency to use a fixed or mobile real-time digital spotter to assess,
record, and transmit images of a potential violation to a law enforcement officer so that the
officer may determine whether there is sufficient cause for the officer to stop the operator
of a motor vehicle to issue a warning or citation.
However, a real-time digital spotter may not be used in a local jurisdiction unless its use is
authorized by the governing body of the local jurisdiction by a local law enacted after
reasonable notice and a public hearing. Before a county may use a real-time digital spotter
on a State highway at a location within a municipal corporation, the county must (1) obtain
the approval of SHA; (2) notify the municipal corporation of SHA’s approval; and (3) grant
the municipal corporation 60 days from the date of the county’s notice to enact an
ordinance authorizing the municipal corporation, instead of the county, to use a real-time
digital spotter at that location.
Recorded Violations
Under the bill, an image captured by a real-time digital spotter is admissible as evidence of
a violation. An agency that uses digital spotters must (1) ensure that any image captured
by a real-time digital spotter that does not indicate a violation is expediently deleted or
destroyed and (2) develop and implement policies for the shielding of personally
identifiable information captured by a real-time digital spotter.
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Fines for Violations under the Maryland Vehicle Law
Exhibit 1 displays the current statutory maximum penalties, current prepayment
penalties, statutory penalties under the bill, and fiscal 2020 violations for those offenses
for which the bill alters monetary penalties.
Exhibit 1
Current Maximum and Prepayment Penalties, Penalties under the Bill, and
Fiscal 2020 Violations for Specified Traffic Offenses
Penalty in the Bill
By Offense:
Current Law Penalty 1st / 2nd or FY 2020 Violations
Offense Maximum Prepayment Subsequent Total Prepaid
Use of a text messaging $500 $70 $25 / max. $50 1,494 1,186
device while driving $110 if CTA
(TR, § 21-1124.1)
Use of a handheld telephone $75-$175 $83-$160 $25 / max. $50 22,310 17,491
while driving
(TR, § 21-1124.2)
Failure to comply with $50 $83 $25 / $50 18,978 13,858
mandatory seat belt use
requirements
(TR, § 21-412.3)
CTA: contributes to an accident
TR: Transportation Article
Notes: Fiscal 2020 data may have been affected by the COVID-19 pandemic. The prepayment penalties
shown are the amounts set by the District Court as of October 2020; the prepayment penalty includes
various court costs and a surcharge prescribed by statute. Under current law, certain penalties increase for
subsequent offenses, as shown above.
Source: Judiciary (Administrative Office of the Courts); Department of Legislative Services
Race-based Traffic Stops
The bill requires an agency that uses real-time digital spotters to include traffic stops using
real-time digital spotters in traffic stop data compiled and reported annually to the
Maryland Statistical Analysis Center (MSAC).
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Under current law, a local law enforcement agency must adopt a policy against race-based
traffic stops to be used as a management tool to promote nondiscriminatory law
enforcement and in the training and counseling of officers. The Maryland Police Training
and Standards Commission (MPTSC), in consultation with MSAC, is responsible for
developing a model policy against race-based traffic stops that a law enforcement agency
may use in the development of its own policy, a model format for the efficient recording
of traffic stop data, and guidelines for data evaluation.
Law enforcement officers must record specified information in connection with each traffic
stop, including the driver’s race and ethnicity, to evaluate the manner in which the vehicle
laws are being enforced. Each law enforcement agency must compile the data collected by
its officers and submit an annual report to MSAC by March 1 annually for the prior
calendar year.
These provisions do not apply to a law enforcement agency that is subject to an agreement
with the U.S. Department of Justice (DOJ) requiring similar data collection; however, such
agencies are required to provide copies of the report made to DOJ in lieu of the program’s
reporting requirements.
MSAC must analyze the data based on a methodology developed in consultation with
MPTSC. By September 1 annually, MSAC must post on its website a filterable data display
showing the collected data from the previous calendar. Beginning with data collected for
calendar 2018, MSAC must include and maintain data from all prior years in the filterable
data display. MSAC and MPTSC must jointly report noncompliance by law enforcement
agencies to the Governor and the Legislative Policy Committee.
Automated Enforcement Systems
State law currently authorizes the use of various automated enforcement systems, including
traffic control signal monitoring systems, speed monitoring systems, school bus monitoring
systems, vehicle height monitoring systems, and work zone speed control systems.
State Revenues: As noted in Exhibit 1, the bill decreases the monetary penalties
applicable to specified offenses under the Maryland Vehicle Law related to use of a text
messaging device while driving, use of a handheld telephone while driving, and mandatory
seat belt use.
Thus, general fund revenues decrease significantly beginning in fiscal 2022 due to the
reduced monetary penalties for these offenses under the bill. The amount of the decrease
cannot be reliably estimated, as it depends on the actual amount of the fines imposed and
the amount of fines currently collected for violations of these offenses, for which data is
HB 1082/ Page 4
not readily available. Under one illustrative scenario – based on prepaid violations alone
– general fund revenues decrease by at least $800,000 annually, based on (1) the current
prepayment penalties established by the District Court for these offenses and accounting
for assessed court costs and (2) an assumption that the number of prepaid violations for
specified offenses remains constant at fiscal 2020 levels.
General fund revenues are also affected to the extent that more individuals issued citations
for these offenses choose to prepay the lowered fines under the bill rather than contest the
citation. To the extent that individuals who prepay citations for these offenses would
otherwise contest the citations in the absence of the bill, fine revenue collected from these
citations may increase or decrease, depending on the fine that would otherwise be imposed
by the court.
Revenue losses are potentially offset, minimally, to the extent that the authorized use of
real-time digital spotters in the State results in an increase in overall traffic enforcement
activity. Any such impact, however, is uncertain, and depends on the extent and manner in
which digital spotters are implemented in the State as a result of the bill.
State Expenditures: As noted above, the bill requires SHA and DSP to adopt regulations
establishing standards and procedures for real-time digital spotters. SHA does not have the
expertise with this technology to assist in the development of the regulations; thus, TTF
expenditures increase by approximately $75,000 in fiscal 2022 for consulting services.
To the extent that State law enforcement agencies utilize digital spotters as authorized
under the bill, State expenditures increase further due to initial start-up costs and ongoing
implementation costs. Additionally, to the extent that the use of such technology results in
increased overall traffic enforcement activity, expenditures for State law enforcement
agencies may increase due to overtime costs related to increased court appearances by law
enforcement officers. The District Court’s caseload may also be affected to the extent that
the bill results in an increase in traffic citations that go to trial. Conversely, due to the lower
penalties under the bill, more individuals may opt to prepay fines and the need for court
appearances/trials could be mitigated. Any such impact, however, cannot be reliably
predicted, as it depends on the extent and manner in which real-time digital spotters are
implemented under the bill.
Local Expenditures: To the extent that local jurisdictions opt to deploy digital spotters
as authorized under the bill, local government expenditures increase due to initial start-up
costs and ongoing implementation costs. To the extent that the use of such technology
results in increased overall traffic enforcement activity, overtime expenses for local law
enforcement agencies may increase due to more frequent court appearances by law
enforcement officers. Conversely, due to the lower penalties under the bill, more
HB 1082/ Page 5
individuals may opt to prepay fines and the need for court appearances could be mitigated.
However, any such impact cannot be reliably predicted, due to the reasons discussed above.
Additional Information
Prior Introductions: None.
Designated Cross File: SB 863 (Senator Waldstreicher) - Judicial Proceedings.
Information Source(s): Anne Arundel, Charles, Frederick, and Montgomery counties;
City of Havre de Grace; Governor’s Office of Crime Prevention, Youth, and Victim
Services; Judiciary (Administrative Office of the Courts); Department of Public Safety and
Correctional Services; Department of State Police; Maryland Department of
Transportation; Department of Legislative Services
Fiscal Note History: First Reader - February 24, 2021
rh/aad
Analysis by: Elizabeth J. Allison Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1082/ Page 6


Statutes affected:
Text - First - Vehicle Laws – Enforcement and Use of Real–Time Digital Spotters: 22-412.3 Transportation, 21-801 Transportation, 21-1124.1 Transportation, 21-1124.2 Transportation, 21-1124.1 Transportation, 21-1124.3 Transportation, 20-102 Transportation, 21-1133 Transportation, 25-113 Transportation, 22-412.3 Transportation, 22-412.2 Transportation, 25-113 Transportation, 3-202 Transportation