Section 12-120 - Miscellaneous fees. - Maryland Statutes

§ 12-120. Miscellaneous fees.
 

(a)  "Miscellaneous fees" defined.- In this section, "miscellaneous fees" means all fees collected by the Administration under this article other than: 

(1) The vehicle titling tax; and 

(2) Vehicle registration fees under Part II of Title 13, Subtitle 9 of this article. 

(b)  Prohibited.- Except as provided in this section, the Administration may not alter the miscellaneous fees that the Administration is authorized under this article to establish. 

(c)  Fee alteration authorized.-  

(1) Subject to the limitations under subsection (d) of this section, before the start of any fiscal year the Administration by regulation may alter, effective beginning in the upcoming fiscal year, the levels of the miscellaneous fees that the Administration is authorized under this article to establish. 

(2) The Administration shall alter the levels of miscellaneous fees for the upcoming fiscal year if the projected cost recovery under subsection (d) of this section exceeds 100%. 

(d)  Fees set.- The Administration shall set the levels of miscellaneous fees so that the total amount of projected revenues from all miscellaneous fees for the upcoming fiscal year is at least 95 percent but does not exceed 100 percent of the sum of: 

(1) The operating budget of the Administration for that fiscal year as approved by the General Assembly in the annual State budget; 

(2) The average annual capital program of the Administration as reported in the 6-year Consolidated Transportation Program described in § 2-103.1 of this article; and 

(3) The Administration's portion of the cost for that fiscal year of the Department's data center operations, except for the cost of data center operations attributable to other administrations' activities. 

(e)  Fees altered; frequency and duration.-  

(1) The Administration may not alter miscellaneous fees more than once in any fiscal year. 

(2) The Administration need not reduce fees for the upcoming fiscal year if legislative budget modifications cause the projected cost recovery percentage to exceed 100 percent. 

(3) The level of a miscellaneous fee set by the Administration remains in effect until again altered by the Administration as provided under this section. 
 

[1991, 1st Sp. Sess., ch. 2; 1992, 1st Sp. Sess., ch. 3, § 1; 1993, ch. 107, § 2; 2003, ch. 203, § 1; 2004, ch. 9; ch. 430, § 1; 2009, ch. 390, § 2.]