Maryland 2022 Regular Session

Maryland House Bill HB1105 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb1105*
96
107 HOUSE BILL 1105
118 E4 2lr0955
129 CF SB 633
1310 By: Delegate Hill
1411 Introduced and read first time: February 10, 2022
1512 Assigned to: Health and Government Operations
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: March 30, 2022
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Public Safety – 9–1–1 Emergency Telephone System – Alterations 2
2519
2620 FOR the purpose of making alterations to the 9–1–1 Emergency Telephone System in the 3
2721 State; altering the classification and compensation of 9–1–1 specialists; authorizing 4
2822 9–1–1 specialists to seek certain treatment confidentially; requiring the Maryland 5
2923 9–1–1 Board to establish certain procedures governing vacancies on the Board; 6
3024 altering the powers and duties of the Board with respect to public safety answering 7
3125 point personnel training and cybersecurity standards; requiring the Comptroller to 8
3226 submit certain updates regarding certain audits; altering the maximum amount of 9
3327 the county 9–1–1 fee that a county may impose under certain circumstances; and 10
3428 generally relating to 9–1–1 emergency telephone systems. 11
3529
3630 BY repealing and reenacting, with amendments, 12
3731 Article – Public Safety 13
38-Section 1–301, 1–302.1, 1–304.2, 1–305(c), 1–306(b)(15) and (e), 1–307, 1–309.1, 14
39-1–310(f), and 1–311 15
32+Section 1–301, 1–302.1, 1–304.2, 1–305(c), 1–306(b)(15) and (e), 1–309.1, 1–310(f), 14
33+and 1–311 15
4034 Annotated Code of Maryland 16
4135 (2018 Replacement Volume and 2021 Supplement) 17
4236
4337 BY repealing 18
4438 Article – Public Safety 19
4539 Section 1–305(d) 20
4640 Annotated Code of Maryland 21
4741 (2018 Replacement Volume and 2021 Supplement) 22
42+
43+BY adding to 23
44+ Article – Public Safety 24
45+ Section 1–305(d) 25
46+ Annotated Code of Maryland 26
47+ (2018 Replacement Volume and 2021 Supplement) 27
4848 2 HOUSE BILL 1105
4949
5050
51-BY adding to 1
52- Article – Public Safety 2
53- Section 1–305(d) 3
54- Annotated Code of Maryland 4
55- (2018 Replacement Volume and 2021 Supplement) 5
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
5653
57- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58-That the Laws of Maryland read as follows: 7
54+Article – Public Safety 3
5955
60-Article – Public Safety 8
56+1–301. 4
6157
62-1–301. 9
58+ (a) In this subtitle the following words have the meanings indicated. 5
6359
64- (a) In this subtitle the following words have the meanings indicated. 10
60+ (b) “Board” means the Maryland 9–1–1 Board. 6
6561
66- (b) “Board” means the Maryland 9–1–1 Board. 11
62+ (c) “Commercial mobile radio service” or “CMRS” means mobile 7
63+telecommunications service that is: 8
6764
68- (c) “Commercial mobile radio service” or “CMRS” means mobile 12
69-telecommunications service that is: 13
65+ (1) provided for profit with the intent of receiving compensation or 9
66+monetary gain; 10
7067
71- (1) provided for profit with the intent of receiving compensation or 14
72-monetary gain; 15
68+ (2) an interconnected, two–way voice service; and 11
7369
74- (2) an interconnected, two–way voice service; and 16
70+ (3) available to the public. 12
7571
76- (3) available to the public. 17
72+ (d) “Commercial mobile radio service provider” or “CMRS provider” means a 13
73+person authorized by the Federal Communications Commission to provide CMRS in the 14
74+State. 15
7775
78- (d) “Commercial mobile radio service provider” or “CMRS provider” means a 18
79-person authorized by the Federal Communications Commission to provide CMRS in the 19
80-State. 20
76+ (e) “County 9–1–1 fee” means the fee imposed by a county in accordance with § 16
77+1–311 of this subtitle. 17
8178
82- (e) “County 9–1–1 fee” means the fee imposed by a county in accordance with § 21
83-1–311 of this subtitle. 22
79+ (f) “County plan” means a plan for a 9–1–1 system or enhanced 9–1–1 system, or 18
80+an amendment to the plan, developed by a county or several counties together under this 19
81+subtitle. 20
8482
85- (f) “County plan” means a plan for a 9–1–1 system or enhanced 9–1–1 system, or 23
86-an amendment to the plan, developed by a county or several counties together under this 24
87-subtitle. 25
83+ (g) (1) “Customer” means: 21
8884
89- (g) (1) “Customer” means: 26
85+ (i) the person that contracts with a home service provider for CMRS; 22
86+or 23
9087
91- (i) the person that contracts with a home service provider for CMRS; 27
92-or 28
88+ (ii) the end user of the CMRS if the end user of the CMRS is not the 24
89+contracting party. 25
9390
94- (ii) the end user of the CMRS if the end user of the CMRS is not the 29
95-contracting party. 30
91+ (2) “Customer” does not include: 26
9692
97- (2) “Customer” does not include: 31 HOUSE BILL 1105 3
93+ (i) a reseller of CMRS; or 27
94+
95+ (ii) a serving carrier under an arrangement to serve the customer 28
96+outside the home service provider’s licensed service area. 29
97+ HOUSE BILL 1105 3
98+
99+
100+ (h) “Enhanced 9–1–1 system” means a 9–1–1 system that provides: 1
101+
102+ (1) automatic number identification; 2
103+
104+ (2) automatic location identification; and 3
105+
106+ (3) any other technological advancements that the Board requires. 4
107+
108+ (i) “FCC order” means an order issued by the Federal Communications 5
109+Commission under proceedings regarding the compatibility of enhanced 9–1–1 systems and 6
110+delivery of wireless enhanced 9–1–1 service. 7
111+
112+ (j) (1) “FIRST RESPONDER ” MEANS AN EMPLOYEE OF A STATE OR LOCAL 8
113+PUBLIC SAFETY AGENCY THAT PROVIDES EMERGE NCY RESPONSE SERVICE S. 9
114+
115+ (2) “FIRST RESPONDER ” INCLUDES: 10
116+
117+ (I) A FIREFIGHTER; 11
118+
119+ (II) A PARAMEDIC; 12
120+
121+ (III) AN EMERGENCY MEDICAL TECHNICIAN; 13
122+
123+ (IV) A RESCUE SQUAD MEMBE R; 14
124+
125+ (V) A SWORN MEMBER OF TH E OFFICE OF THE STATE FIRE 15
126+MARSHAL; 16
127+
128+ (VI) A MEMBER OF A VOLUNT EER FIRE OR RESCUE C OMPANY 17
129+WHO IS A COVERED EMP LOYEE UNDER § 9–234 OF THE LABOR AND EMPLOYMENT 18
130+ARTICLE; 19
131+
132+ (VII) AN INDIVIDUAL WHO IS LICENSED OR CERTIFIE D UNDER § 20
133+13–516 OF THE EDUCATION ARTICLE; AND 21
134+
135+ (VIII) A 9–1–1 SPECIALIST. 22
136+
137+ (K) “Home service provider” means the facilities–based carrier or reseller that 23
138+contracts with a customer to provide CMRS. 24
139+
140+ [(k)] (L) “Next Generation 9–1–1 services” means an Internet Protocol 25
141+(IP)–based system, comprised of hardware, software, data, and operational policies and 26
142+procedures, that: 27
143+ 4 HOUSE BILL 1105
144+
145+
146+ (1) provides standardized interfaces from emergency call and message 1
147+services to support emergency communications; 2
148+
149+ (2) processes all types of requests for emergency services, including voice, 3
150+text, data, and multimedia information; 4
151+
152+ (3) acquires and integrates additional emergency call data useful to 5
153+routing and handling of requests for emergency services; 6
154+
155+ (4) delivers the emergency calls, messages, and data to the appropriate 7
156+public safety answering point and other appropriate emergency entities; 8
157+
158+ (5) supports data or video communications needs for coordinated incident 9
159+response and management; and 10
160+
161+ (6) provides broadband service to public safety answering points or other 11
162+first responder entities. 12
163+
164+ [(l)] (M) “9–1–1–accessible service” means telephone service or another 13
165+communications service that connects an individual dialing the digits 9–1–1 to an 14
166+established public safety answering point. 15
167+
168+ [(m)] (N) (1) “9–1–1 service carrier” means a provider of CMRS or other 16
169+9–1–1–accessible service. 17
170+
171+ (2) “9–1–1 service carrier” does not include a telephone company. 18
172+
173+ [(n)] (O) “9–1–1 specialist” means an employee of a county public safety 19
174+answering point, or an employee working in a county public safety answering point, whose 20
175+duties and responsibilities include: 21
176+
177+ (1) receiving and processing 9–1–1 requests for emergency services; 22
178+
179+ (2) other support functions directly related to 9–1–1 requests for 23
180+emergency services; or 24
181+
182+ (3) dispatching law enforcement officers, fire rescue services, emergency 25
183+medical services, and other public safety services to the scene of an emergency. 26
184+
185+ [(o)] (P) (1) “9–1–1 system” means telephone service that: 27
186+
187+ (i) meets the planning guidelines established under this subtitle; 28
188+and 29
189+
190+ (ii) automatically connects an individual dialing the digits 9–1–1 to 30
191+an established public safety answering point. 31
192+ HOUSE BILL 1105 5
193+
194+
195+ (2) “9–1–1 system” includes: 1
196+
197+ (i) equipment for connecting and outswitching 9–1–1 calls within a 2
198+telephone central office; 3
199+
200+ (ii) trunking facilities from a telephone central office to a public 4
201+safety answering point; and 5
202+
203+ (iii) equipment to connect 9–1–1 calls to the appropriate public safety 6
204+agency. 7
205+
206+ [(p)] (Q) “9–1–1 Trust Fund” means the fund established under § 1–308 of this 8
207+subtitle. 9
208+
209+ [(q)] (R) “Prepaid wireless E 9–1–1 fee” means the fee that is required to be 10
210+collected by a seller from a consumer in the amount established under § 1–313 of this 11
211+subtitle. 12
212+
213+ [(r)] (S) “Prepaid wireless telecommunications service” means a commercial 13
214+mobile radio service that: 14
215+
216+ (1) allows a consumer to dial 9–1–1 to access the 9–1–1 system; 15
217+
218+ (2) must be paid for in advance; and 16
219+
220+ (3) is sold in predetermined units that decline with use in a known amount. 17
221+
222+ [(s)] (T) “Public safety agency” means: 18
223+
224+ (1) a functional division of a public agency that provides fire fighting, 19
225+police, medical, or other emergency services; or 20
226+
227+ (2) a private entity that provides fire fighting, police, medical, or other 21
228+emergency services on a voluntary basis. 22
229+
230+ [(t)] (U) “Public safety answering point” means a communications facility that: 23
231+
232+ (1) is operated on a 24–hour basis; 24
233+
234+ (2) first receives 9–1–1 requests for emergency services in a 9–1–1 service 25
235+area; and 26
236+
237+ (3) as appropriate: 27
238+
239+ (i) dispatches public safety services directly; 28
240+ 6 HOUSE BILL 1105
241+
242+
243+ (ii) transmits incident data to appropriate public safety agencies 1
244+within the State for the dispatch of public safety services; or 2
245+
246+ (iii) transfers 9–1–1 requests for emergency services or transmits 3
247+incident data to: 4
248+
249+ 1. an appropriate federal emergency communication center 5
250+responsible for the delivery of public safety services on a federal campus or federal 6
251+reservation; or 7
252+
253+ 2. an appropriate public safety answering point located 8
254+within or outside the State. 9
255+
256+ [(u)] (V) “Secretary” means the Secretary of Emergency Management. 10
257+
258+ [(v)] (W) “Seller” means a person that sells prepaid wireless telecommunications 11
259+service to another person. 12
260+
261+ [(w)] (X) “State 9–1–1 fee” means the fee imposed in accordance with § 1–310 of 13
262+this subtitle. 14
263+
264+ [(x)] (Y) “Wireless enhanced 9–1–1 service” means enhanced 9–1–1 service 15
265+under an FCC order. 16
266+
267+1–302.1. 17
268+
269+ (a) The General Assembly finds that 9–1–1 specialists are key members of the 18
270+team of public safety personnel responding to requests from the public for emergency 19
271+assistance. 20
272+
273+ (b) [It is the intent of the General Assembly tha t jurisdictions] EACH 21
274+JURISDICTION employing 9–1–1 specialists SHALL: 22
275+
276+ (1) appropriately classify 9–1–1 specialists AS FIRST RESPONDERS in 23
277+recognition of the training, knowledge, and skills that 9–1–1 specialists possess and 24
278+demonstrate in answering and handling requests for emergency assistance; and 25
279+
280+ (2) compensate 9–1–1 specialists in a manner that: 26
281+
282+ (i) reflects their membership in the team of public safety personnel 27
283+answering and responding to requests for emergency assistance; [and] 28
284+
285+ (ii) is commensurate with the training, knowledge, and skills they 29
286+possess; AND 30
287+ HOUSE BILL 1105 7
288+
289+
290+ (III) EXCEEDS THE MINIMUM WAGE RATE REQUIRED I N § 3–413 1
291+OF THE LABOR AND EMPLOYMENT ARTICLE. 2
292+
293+1–304.2. 3
294+
295+ (A) Each public safety answering point shall adopt and implement programs 4
296+compliant with best practices on 9–1–1 acute/traumatic and chronic stress management. 5
297+
298+ (B) (1) A 9–1–1 SPECIALIST MAY , AS PART OF OCCUPATIO NAL 6
299+WELL–BEING STANDARDS AND PRACTICES, SEEK TREATMENT FOR J OB–RELATED 7
300+AUDIBLE OR VISUAL TR AUMA WITHOUT INFORMI NG ANYONE. 8
301+
302+ (2) EXCEPT AS OTHERWISE P ROVIDED UNDER TITLE 9, SUBTITLE 1 9
303+OF THE COURTS ARTICLE, COMMUNICATIONS BETWE EN A 9–1–1 SPECIALIST AND A 10
304+TREATMENT PROVIDER T HAT OCCUR IN CONNECT ION WITH THE TREATME NT OF 11
305+JOB–RELATED AUDIBLE OR V ISUAL TRAUMA SHALL B E CONFIDENTIAL. 12
306+
307+1–305. 13
308+
309+ (c) (1) The term of a member is 4 years and begins on July 1. 14
310+
311+ (2) The terms of the members are staggered as required by the terms 15
312+provided for members of the Board on October 1, 2003. 16
313+
314+ (3) At the end of a term, a member continues to serve until a successor is 17
315+appointed and qualifies. 18
316+
317+ (4) (I) If a vacancy occurs after a term has begun, the Governor shall 19
318+appoint a successor to represent the organization or group in which the vacancy occurs. 20
319+
320+ (II) THE BOARD, IN CONSULTATION WI TH THE MARYLAND 21
321+DEPARTMENT OF EMERGENCY MANAGEMENT , SHALL DEVELOP AND ES TABLISH 22
322+PROCEDURES FOR : 23
323+
324+ 1. FILLING A VACANCY AS SOON AS PRACTICABLE AFTER 24
325+THE VACANCY OCCURS ; AND 25
326+
327+ 2. ENSURING CANDIDATES FOR FILLING A VACANC Y 26
328+HAVE APPROPRIATE EXP ERTISE AND A COMMITMENT TO IMPR OVING 9–1–1 27
329+SERVICES IN THE STATE. 28
330+
331+ (5) A member who is appointed after a term has begun serves only for the 29
332+rest of the term and until a successor is appointed and qualifies. 30
333+
334+ [(d) The Governor shall appoint a chairperson from among the Board members.] 31 8 HOUSE BILL 1105
98335
99336
100337
101- (i) a reseller of CMRS; or 1
338+ (D) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT A CHAIR AND 1
339+VICE CHAIR. 2
102340
103- (ii) a serving carrier under an arrangement to serve the customer 2
104-outside the home service provider’s licensed service area. 3
341+1–306. 3
105342
106- (h) “Enhanced 9–1–1 system” means a 9–1–1 system that provides: 4
343+ (b) The Board’s responsibilities include: 4
107344
108- (1) automatic number identification; 5
345+ (15) establishing training standards for public safety answering point 5
346+personnel based on national best practices, including training concerning: 6
109347
110- (2) automatic location identification; and 6
348+ (I) Next Generation 9–1–1 topics; [and] 7
111349
112- (3) any other technological advancements that the Board requires. 7
350+ (II) individual psychological well–being and resilience; AND 8
113351
114- (i) “FCC order” means an order issued by the Federal Communications 8
115-Commission under proceedings regarding the compatibility of enhanced 9–1–1 systems and 9
116-delivery of wireless enhanced 9–1–1 service. 10
352+ (III) IMPLICIT BIAS TRAINI NG; 9
117353
118- (j) (1) “FIRST RESPONDER ” MEANS AN EMPLOYEE OF A STATE OR LOCAL 11
119-PUBLIC SAFETY AGENCY THAT PROVIDES EMERGE NCY RESPONSE SERVICE S. 12
354+ (e) (1) (I) The standards established by the Board under subsection (b)(15) 10
355+of this section shall include onboarding standards for newly hired 9–1–1 specialists and 11
356+minimum continuing education standards for 9–1–1 specialists. 12
120357
121- (2) “FIRST RESPONDER ” INCLUDES: 13
358+ (II) THE BOARD SHALL DEVELOP C RITERIA AND APPROVE THE 13
359+INITIAL AND ONGOING TRAINING CURRICULUM FOR THE TRAINING REQ UIRED 14
360+UNDER SUBSECTION (B)(15) OF THIS SECTION. 15
122361
123- (I) A FIREFIGHTER; 14
362+ (2) (i) At least once each year, the Board shall provide for an audit of 16
363+each public safety answering point in order to ensure that 9–1–1 specialists and other 17
364+personnel employed by the public safety answering point have satisfied the training 18
365+requirements established in accordance with subsection (b)(15) of this section. 19
124366
125- (II) A PARAMEDIC; 15
367+ (ii) The audit described under subparagraph (i) of this paragraph 20
368+may be conducted concurrently with an inspection of the public safety answering point in 21
369+accordance with subsection (b)(10) of this section. 22
126370
127- (III) AN EMERGENCY MEDICAL TECHNICIAN; 16
371+ (III) 1. IF THE BOARD DETERMINES THAT THE PERSONNEL 23
372+EMPLOYED BY A PUBLIC SAFETY ANSWERING POI NT HAVE NOT SATISFIE D THE 24
373+TRAINING REQUIREMENT S ESTABLISHED IN ACC ORDANCE WITH SUBSECT ION 25
374+(B)(15) OF THIS SECTION , THE BOARD AND PUBLIC SAFE TY ANSWERING POINT 26
375+SHALL JOINTLY DEVELOP A REMEDIATIO N PLAN AND IMPLEMENT ATION TIMELINE . 27
128376
129- (IV) A RESCUE SQUAD MEMBE R; 17
130-
131- (V) A SWORN MEMBER OF TH E OFFICE OF THE STATE FIRE 18
132-MARSHAL; 19
133-
134- (VI) A MEMBER OF A VOLUNT EER FIRE OR RESCUE C OMPANY 20
135-WHO IS A COVERED EMP LOYEE UNDER § 9–234 OF THE LABOR AND EMPLOYMENT 21
136-ARTICLE; 22
137-
138- (VII) AN INDIVIDUAL WHO IS LICENSED OR CERTIFIE D UNDER § 23
139-13–516 OF THE EDUCATION ARTICLE; AND 24
140-
141- (VIII) A 9–1–1 SPECIALIST. 25
142-
143- (K) “Home service provider” means the facilities–based carrier or reseller that 26
144-contracts with a customer to provide CMRS. 27
145- 4 HOUSE BILL 1105
377+ 2. THE BOARD MAY IMPOSE SANC TIONS ON A PUBLIC 28
378+SAFETY ANSWERING POI NT IF THE PUBLIC SAF ETY ANSWERING POINT FAILS TO 29
379+COMPLY WITH A REMEDI ATION PLAN OR IMPLEM ENTATION TIMELINE DE VELOPED 30
380+UNDER THIS SUBPARAGRAPH . 31
381+ HOUSE BILL 1105 9
146382
147383
148- [(k)] (L) “Next Generation 9–1–1 services” means an Internet Pr otocol 1
149-(IP)–based system, comprised of hardware, software, data, and operational policies and 2
150-procedures, that: 3
384+1–309.1. 1
151385
152- (1) provides standardized interfaces from emergency call and message 4
153-services to support emergency communications; 5
386+ (a) In consultation with the Maryland Cybersecurity Council established under § 2
387+9–2901 of the State Government Article, the Board shall establish cybersecurity standards 3
388+for public safety answering points based on national industry and 9–1–1 system trade 4
389+association best practices, including standards concerning response protocols in the event 5
390+of a cybersecurity attack on a public safety answering point. 6
154391
155- (2) processes all types of requests for emergency services, including voice, 6
156-text, data, and multimedia information; 7
392+ (b) At least once each year on a date determined by the Board and in advance of 7
393+submitting a request for or receiving any money from the 9–1–1 Trust Fund, the director 8
394+of each public safety answering point shall examine the cybersecurity of the public safety 9
395+answering point to determine whether the cybersecurity defenses employed by the public 10
396+safety answering point satisfy the standards established by the Board under subsection (a) 11
397+of this section and submit to the Board a report detailing the results of that exercise. 12
157398
158- (3) acquires and integrates additional emergency call data useful to 8
159-routing and handling of requests for emergency services; 9
399+ (c) (1) If a director of a public safety answering point fails to submit a report 13
400+required under subsection (b) of this section, the Board may not authorize any money from 14
401+the 9–1–1 Trust Fund to be paid to a county serviced by the public safety answering point 15
402+until that report has been submitted. 16
160403
161- (4) delivers the emergency calls, messages, and data to the appropriate 10
162-public safety answering point and other appropriate emergency entities; 11
404+ (2) (I) IF A PUBLIC SAFETY AN SWERING POINT FAILS TO MEET THE 17
405+CYBERSECURITY STANDA RDS ESTABLISHED BY T HIS SECTION DURING T HE ANNUAL 18
406+EXAMINATION REQUIRED UNDER SUBSECTION (B) OF THIS SECTION , THE BOARD 19
407+SHALL WORK WITH THE PUBLIC SAFETY ANSWER ING POINT TO DEVELOP AN 20
408+AGGRESSIVE, CONSENSUS REMEDIATIO N PLAN AND IMPLEMENT ATION TIMELINE . 21
163409
164- (5) supports data or video communications needs for coordinated incident 12
165-response and management; and 13
410+ (II) IF A PUBLIC SAFETY AN SWERING POINT FAILS TO COMPLY 22
411+WITH A REMEDIATION P LAN DEVELOPED UNDER THIS PARAGRAPH , THE BOARD MAY 23
412+REFUSE TO AUTHORIZE MONEY FROM THE 9–1–1 TRUST FUND TO BE PAID TO A 24
413+COUNTY SERVICED BY T HE PUBLIC SAFETY ANS WERING POINT FOR ANY NEW, 25
414+NONCYBERSECURITY PUR POSE. 26
166415
167- (6) provides broadband service to public safety answering points or other 14
168-first responder entities. 15
416+1–310. 27
169417
170- [(l)] (M) “9–1–1–accessible service” means telephone service or another 16
171-communications service that connects an individual dialing the digits 9–1–1 to an 17
172-established public safety answering point. 18
418+ (f) (1) The Comptroller, in consultation with the Board, shall adopt 28
419+procedures for auditing surcharge collection and remittance by telephone companies and 29
420+CMRS providers of 9–1–1 fees collected under this section and under § 1–311 of this 30
421+subtitle. 31
173422
174- [(m)] (N) (1) “9–1–1 service carrier” means a provider of CMRS or other 19
175-9–1–1–accessible service. 20
423+ (2) The procedures adopted under paragraph (1) of this subsection shall be 32
424+consistent with the audit and appeal procedures established for the sales and use tax under 33
425+Titles 11 and 13 of the Tax – General Article. 34
176426
177- (2) “9–1–1 service carrier” does not include a telephone company. 21
178-
179- [(n)] (O) “9–1–1 specialist” means an employee of a county public safety 22
180-answering point, or an employee working in a county public safety answering point, whose 23
181-duties and responsibilities include: 24
182-
183- (1) receiving and processing 9–1–1 requests for emergency services; 25
184-
185- (2) other support functions directly related to 9–1–1 requests for 26
186-emergency services; or 27
187-
188- (3) dispatching law enforcement officers, fire rescue services, emergency 28
189-medical services, and other public safety services to the scene of an emergency. 29
190-
191- [(o)] (P) (1) “9–1–1 system” means telephone service that: 30
192-
193- (i) meets the planning guidelines established under this subtitle; 31
194-and 32 HOUSE BILL 1105 5
427+ (3) The Comptroller may issue an administrative subpoena to compel 35
428+compliance with an audit conducted under this subsection. 36
429+ 10 HOUSE BILL 1105
195430
196431
432+ (4) The Comptroller shall develop and distribute informational materials 1
433+to telephone companies and CMRS providers regarding: 2
197434
198- (ii) automatically connects an individual dialing the digits 9–1–1 to 1
199-an established public safety answering point. 2
435+ (i) proper collection and remittance of 9–1–1 fees; and 3
200436
201- (2) “9–1–1 system” includes: 3
437+ (ii) the audit procedures adopted under paragraph (1) of this 4
438+subsection. 5
202439
203- (i) equipment for connecting and outswitching 9–1–1 calls within a 4
204-telephone central office; 5
440+ (5) On request of a telephone company or CMRS provider, and except as 6
441+otherwise required by law, the information that the telephone company or CMRS provider 7
442+reports to the Comptroller shall be confidential, privileged, and proprietary and may not be 8
443+disclosed to any person other than the telephone company or CMRS provider. 9
205444
206- (ii) trunking facilities from a telephone central office to a public 6
207-safety answering point; and 7
445+ (6) The Comptroller is entitled to an amount equal to 0.5% of the 9–1–1 10
446+fees collected under this section to cover the expenses of conducting audits under this 11
447+subsection. 12
208448
209- (iii) equipment to connect 9–1–1 calls to the appropriate public safety 8
210-agency. 9
449+ (7) On or before December 1 each year, the Comptroller shall submit an 13
450+annual report to the Board detailing the audits conducted during the immediately 14
451+preceding year and the outcome of each audit. 15
211452
212- [(p)] (Q) “9–1–1 Trust Fund” means the fund established under § 1–308 of this 10
213-subtitle. 11
453+ (8) (I) BETWEEN DECEMBER 31, 2022, AND JANUARY 1, 2025, IN 16
454+ADDITION TO THE ANNU AL REPORT REQUIRED BY PARAGRAPH (7) OF THIS 17
455+SUBSECTION, THE COMPTROLLER SHALL : 18
214456
215- [(q)] (R) “Prepaid wireless E 9–1–1 fee” means the fee that is required to be 12
216-collected by a seller from a consumer in the amount established under § 1–313 of this 13
217-subtitle. 14
457+ 1. SUBMIT TO THE BOARD QUARTERLY UPDAT ES 19
458+DETAILING THE AUDITS CONDUCTED IN THE IMM EDIATELY PRECEDING Q UARTER; 20
459+AND 21
218460
219- [(r)] (S) “Prepaid wireless telecommunications service” means a commercial 15
220-mobile radio service that: 16
461+ 2. IMMEDIATELY NOTIFY T HE BOARD OF ANY 22
462+DEFICIENCIES DETECTE D BY AN AUDIT. 23
221463
222- (1) allows a consumer to dial 9–1–1 to access the 9–1–1 system; 17
464+ (II) BEGINNING JANUARY 1, 2025, ON REQUEST OF THE BOARD, 24
465+THE COMPTROLLER SHALL PRO VIDE QUARTERLY UPDAT ES DETAILING THE AUD ITS 25
466+CONDUCTED SINCE THE LAST UPDATE WAS PROV IDED. 26
223467
224- (2) must be paid for in advance; and 18
468+ (9) The Comptroller may adopt regulations necessary to carry out the 27
469+requirements of this subsection. 28
225470
226- (3) is sold in predetermined units that decline with use in a known amount. 19
471+1–311. 29
227472
228- [(s)] (T) “Public safety agency” means: 20
473+ (a) This section does not apply to prepaid wireless telecommunications service. 30
229474
230- (1) a functional division of a public agency that provides fire fighting, 21
231-police, medical, or other emergency services; or 22
232-
233- (2) a private entity that provides fire fighting, police, medical, or other 23
234-emergency services on a voluntary basis. 24
235-
236- [(t)] (U) “Public safety answering point” means a communications facility that: 25
237-
238- (1) is operated on a 24–hour basis; 26
239-
240- (2) first receives 9–1–1 requests for emergency services in a 9–1–1 service 27
241-area; and 28
242-
243- (3) as appropriate: 29 6 HOUSE BILL 1105
475+ (b) In addition to the State 9–1–1 fee, the governing body of each county, by 31
476+ordinance or resolution enacted or adopted after a public hearing, may impose a county 32 HOUSE BILL 1105 11
244477
245478
479+9–1–1 fee to be added to all current bills rendered for switched local exchange access service 1
480+or CMRS or other 9–1–1–accessible service in the county. 2
246481
247- (i) dispatches public safety services directly; 1
482+ (c) (1) Except as provided in paragraph (2) of this subsection and subject to 3
483+paragraphs (3) through (6) of this subsection, the county 9–1–1 fee imposed by a county 4
484+may not exceed 75 cents per month for each switched local exchange access service, CMRS, 5
485+or other 9–1–1–accessible service provided. 6
248486
249- (ii) transmits incident data to appropriate public safety agencies 2
250-within the State for the dispatch of public safety services; or 3
487+ (2) If revenues attributable to the county 9–1–1 fee for a fiscal year do not 7
488+provide the revenues necessary to cover a county’s operational costs for the 9–1–1 system 8
489+for that fiscal year, the county may, for the following fiscal year, impose a county 9–1–1 fee 9
490+[not exceeding $1.50 per month] SUFFICIENT TO COVER THE COUNTY ’S PROJECTED 10
491+OPERATIONAL COSTS FO R THE 9–1–1 SYSTEM FOR THE FISCA L YEAR for each switched 11
492+local exchange access service, CMRS, or other 9–1–1–accessible service provided. 12
251493
252- (iii) transfers 9–1–1 requests for emergency services or transmits 4
253-incident data to: 5
494+ (3) Except as provided in paragraphs (4) through (6) of this subsection, if a 13
495+service provider provisions to the same individual or person the voice channel capacity to 14
496+make more than one simultaneous outbound call from a 9–1–1–accessible service, each 15
497+separate outbound call voice channel capacity, regardless of the technology, shall constitute 16
498+a separate 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due 17
499+under paragraphs (1) and (2) of this subsection. 18
254500
255- 1. an appropriate federal emergency communication center 6
256-responsible for the delivery of public safety services on a federal campus or federal 7
257-reservation; or 8
501+ (4) CMRS provided to multiple devices that share a mobile telephone 19
502+number shall be treated as a single 9–1–1–accessible service for purposes of calculating the 20
503+county 9–1–1 fees due under paragraphs (1) and (2) of this subsection. 21
258504
259- 2. an appropriate public safety answering point located 9
260-within or outside the State. 10
505+ (5) A broadband connection not used for telephone service may not 22
506+constitute a separate voice channel capacity for purposes of calculating the county 9–1–1 23
507+fees due under paragraphs (1) and (2) of this subsection. 24
261508
262- [(u)] (V) “Secretary” means the Secretary of Emergency Management. 11
509+ (6) (i) For a telephone service that provides, to multiple locations, 25
510+shared simultaneous outbound voice channel capacity configured to provide local dial in 26
511+different states or counties, the voice channel capacity to which the 9–1–1 fee due under 27
512+paragraphs (1) and (2) of this subsection applies is only the portion of the shared voice 28
513+channel capacity in the county identified by the service supplier’s books and records. 29
263514
264- [(v)] (W) “Seller” means a person that sells prepaid wireless telecommunications 12
265-service to another person. 13
515+ (ii) In determining the portion of shared capacity in the county, a 30
516+service supplier may rely on, among other factors, a customer’s certification of the 31
517+customer’s allocation of capacity in the county, which may be based on: 32
266518
267- [(w)] (X) “State 9–1–1 fee” means the fee imposed in accordance with § 1–310 of 14
268-this subtitle. 15
519+ 1. each end user location; 33
269520
270- [(x)] (Y) “Wireless enhanced 9–1–1 service” means enhanced 9–1–1 service 16
271-under an FCC order. 17
521+ 2. the total number of end users; and 34
272522
273-1–302.1. 18
274-
275- (a) The General Assembly finds that 9–1–1 specialists are key members of the 19
276-team of public safety personnel responding to requests from the public for emergency 20
277-assistance. 21
278-
279- (b) [It is the intent of the General Assembly that jurisdictions] EACH 22
280-JURISDICTION employing 9–1–1 specialists SHALL: 23
281-
282- (1) appropriately classify 9–1–1 specialists AS FIRST RESPONDERS in 24
283-recognition of the training, knowledge, and skills that 9–1–1 specialists possess and 25
284-demonstrate in answering and handling requests for emergency assistance; and 26
285-
286- (2) compensate 9–1–1 specialists in a manner that: 27
287-
288- (i) reflects their membership in the team of public safety personnel 28
289-answering and responding to requests for emergency assistance; [and] 29
290- HOUSE BILL 1105 7
523+ 3. the number of end users at each end user location. 35
524+ 12 HOUSE BILL 1105
291525
292526
293- (ii) is commensurate with the training, knowledge, and skills they 1
294-possess; AND. 2
527+ (7) The amount of the county 9–1–1 fees may not exceed a level necessary 1
528+to cover the total eligible maintenance and operation costs of the county. 2
295529
296- (III) EXCEEDS THE MINIMUM WAGE RATE REQUIRED I N § 3–413 3
297-OF THE LABOR AND EMPLOYMENT ARTICLE. 4
530+ (d) The county 9–1–1 fee continues in effect until repealed or modified by a 3
531+subsequent county ordinance or resolution. 4
298532
299-1–304.2. 5
533+ (e) After imposing, repealing, or modifying a county 9–1–1 fee, the county shall 5
534+certify the amount of the county 9–1–1 fee to: 6
300535
301- (A) Each public safety answering point shall adopt and implement programs 6
302-compliant with best practices on 9–1–1 acute/traumatic and chronic stress management. 7
536+ (1) the Public Service Commission; 7
303537
304- (B) (1) A 9–1–1 SPECIALIST MAY , AS PART OF OCCUPATIO NAL 8
305-WELL–BEING STANDARDS AND PRACTICES, SEEK TREATMENT FOR J OB–RELATED 9
306-AUDIBLE OR VISUAL TR AUMA WITHOUT INFORMI NG ANYONE. 10
538+ (2) THE BOARD; AND 8
307539
308- (2) EXCEPT AS OTHERWISE P ROVIDED UNDER TITLE 9, SUBTITLE 1 11
309-OF THE COURTS ARTICLE, COMMUNICATIONS BETWE EN A 9–1–1 SPECIALIST AND A 12
310-TREATMENT PROVIDER T HAT OCCUR IN CONNECT ION WITH THE TREATME NT OF 13
311-JOB–RELATED AUDIBLE OR V ISUAL TRAUMA SHALL B E CONFIDENTIAL . 14
540+ (3) NOT LATER THAN 60 DAYS BEFORE THE IMPL EMENTATION OF THE 9
541+CHANGE, THE COMPTROLLER . 10
312542
313-1–305. 15
543+ (f) The Public Service Commission shall direct each telephone company that 11
544+provides service in a county that imposed a county 9–1–1 fee to add, within 60 days, the 12
545+full amount of the county 9–1–1 fee to all current bills rendered for switched local exchange 13
546+access service in the county. 14
314547
315- (c) (1) The term of a member is 4 years and begins on July 1. 16
548+ (g) Within 60 days after a county enacts or adopts an ordinance or resolution that 15
549+imposes, repeals, or modifies a county 9–1–1 fee, each 9–1–1 service carrier that provides 16
550+service in the county shall add the full amount of the county 9–1–1 fee to all current bills 17
551+rendered for CMRS or other 9–1–1–accessible service in the county. 18
316552
317- (2) The terms of the members are staggered as required by the terms 17
318-provided for members of the Board on October 1, 2003. 18
553+ (h) (1) Each telephone company and each 9–1–1 service carrier shall: 19
319554
320- (3) At the end of a term, a member continues to serve until a successor is 19
321-appointed and qualifies. 20
555+ (i) act as a collection agent for the 9–1–1 Trust Fund with respect 20
556+to the county 9–1–1 fee imposed by each county; 21
322557
323- (4) (I) If a vacancy occurs after a term has begun, the Governor shall 21
324-appoint a successor to represent the organization or group in which the vacancy occurs. 22
558+ (ii) collect the money from the county 9–1–1 fee on a county basis; 22
559+and 23
325560
326- (II) THE BOARD, IN CONSULTATION WITH THE MARYLAND 23
327-DEPARTMENT OF EMERGENCY MANAGEMENT , SHALL DEVELOP AND ES TABLISH 24
328-PROCEDURES FOR : 25
561+ (iii) remit all money collected to the Comptroller on a monthly basis. 24
329562
330- 1. FILLING A VACANCY AS SOON AS PRACTICABLE AFTER 26
331-THE VACANCY OCCURS ; AND 27
563+ (2) The Comptroller shall deposit the money remitted in the 9–1–1 Trust 25
564+Fund account maintained for the county that imposed the county 9–1–1 fee. 26
332565
333- 2. ENSURING CANDIDATES FOR FILLING A VACANC Y 28
334-HAVE APPROPRIATE EXP ERTISE AND A COMMITM ENT TO IMPROVING 9–1–1 29
335-SERVICES IN THE STATE. 30
336- 8 HOUSE BILL 1105
566+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
567+October 1, 2022. 28
337568
338-
339- (5) A member who is appointed after a term has begun serves only for the 1
340-rest of the term and until a successor is appointed and qualifies. 2
341-
342- [(d) The Governor shall appoint a chairperson from among the Board members.] 3
343-
344- (D) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT A CHAIR AND 4
345-VICE CHAIR. 5
346-
347-1–306. 6
348-
349- (b) The Board’s responsibilities include: 7
350-
351- (15) establishing training standards for public safety answering point 8
352-personnel based on national best practices, including training concerning: 9
353-
354- (I) Next Generation 9–1–1 topics; [and] 10
355-
356- (II) individual psychological well–being and resilience; AND 11
357-
358- (III) SUBJECT TO SUBSECTIO N (E)(2) OF THIS SECTION, IMPLICIT 12
359-BIAS TRAINING; 13
360-
361- (e) (1) (I) The standards established by the Board under subsection (b)(15) 14
362-of this section shall include onboarding standards for newly hired 9–1–1 specialists and 15
363-minimum continuing education standards for 9–1–1 specialists. 16
364-
365- (II) THE BOARD SHALL DEVELOP C RITERIA AND APPROVE THE 17
366-INITIAL AND ONGOING TRAINING CURRICULUM FOR THE TRAINING REQ UIRED 18
367-UNDER SUBSECTION (B)(15) OF THIS SECTION. 19
368-
369- (2) PUBLIC SAFETY ANSWERI NG POINT PERSONNEL S HALL BE 20
370-PROVIDED THE IMPLICI T BIAS TRAINING REQU IRED UNDER SUBSECTIO N (B)(15)(III) 21
371-OF THIS SECTION: 22
372-
373- (I) ON OR BEFORE OCTOBER 1, 2024, FOR PERSONNEL HIRED 23
374-BY THE PUBLIC SAFETY ANS WERING POINT ON OR B EFORE OCTOBER 1, 2022; 24
375-
376- (II) AT THE TIME OF HIRE FOR PERSONNEL HIRED BY THE 25
377-PUBLIC SAFETY ANSWER ING POINT AFTER OCTOBER 1, 2022; AND 26
378-
379- (III) ON A RECURRING BASIS WITH UPDATES AS DETE RMINED BY 27
380-THE BOARD, BUT AT LEAST ONCE EVERY 4 YEARS. 28
381-
382- (3) (i) At least once each year, the Board shall provide for an audit of 29
383-each public safety answering point in order to ensure that 9–1–1 specialists and other 30 HOUSE BILL 1105 9
384-
385-
386-personnel employed by the public safety answering point have satisfied the training 1
387-requirements established in accordance with subsection (b)(15) of this section. 2
388-
389- (ii) The audit described under subparagraph (i) of this paragraph 3
390-may be conducted concurrently with an inspection of the public safety answering point in 4
391-accordance with subsection (b)(10) of this section. 5
392-
393- (III) 1. IF THE BOARD DETERMINES THAT THE PERSONNEL 6
394-EMPLOYED BY A PUBLIC SAFETY ANSWERING POI NT HAVE NOT SATISFIE D THE 7
395-TRAINING REQUIREMENT S ESTABLISHED IN ACC ORDANCE WITH SUBSECT ION 8
396-(B)(15) OF THIS SECTION , THE BOARD AND PUBLIC SAFE TY ANSWERING POINT 9
397-SHALL JOINTLY DEVELOP A REMEDIATIO N PLAN AND IMPLEMENT ATION TIMELINE . 10
398-
399- 2. THE BOARD MAY IMPOSE SANC TIONS ON A PUBLIC 11
400-SAFETY ANSWERING POI NT IF THE PUBLIC SAF ETY ANSWERING POINT FAILS TO 12
401-COMPLY WITH A REMEDI ATION PLAN OR IMPLEM ENTATION TIMELINE DE VELOPED 13
402-UNDER THIS SUBPARAGRAPH . 14
403-
404-1–307. 15
405-
406- (a) The Board shall submit an annual report to the Governor, the Secretary, and, 16
407-subject to § 2–1257 of the State Government Article, the Legislative Policy Committee, THE 17
408-SENATE EDUCATION, HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE, AND 18
409-THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE. 19
410-
411- (b) The report SUBMITTED UNDER SUBS ECTION (A) OF THIS SECTION shall 20
412-provide the following information: 21
413-
414- (1) for each county: 22
415-
416- [(1)] (I) the type of 9–1–1 system currently operating in the county; 23
417-
418- [(2)] (II) the total State 9–1–1 fee and county 9–1–1 fee charged; 24
419-
420- [(3)] (III) the funding formula in effect; 25
421-
422- [(4)] (IV) any statutory or regulatory violation by the county and the 26
423-response of the Board; AND 27
424-
425- [(5)] (V) any efforts to establish an enhanced 9–1–1 system in the county; 28
426-[and] 29
427-
428- [(6)] (2) any suggested changes to this subtitle; AND 30
429-
430- (3) FOR THE ANNUAL REPOR TS SUBMITTED IN 2022 THROUGH 2027: 31 10 HOUSE BILL 1105
431-
432-
433-
434- (I) AN UPDATE ON THE PRO GRESS OF EACH COUNTY IN 1
435-TRANSITIONING TO NEXT GENERATION 9–1–1 TECHNOLOGY , INCLUDING 2
436-COMPLIANCE WITH CYBE RSECURITY STANDARDS AND MEETING GOALS OF 3
437-INTEROPERABILITY AND GEOGRAPHIC INFORMATI ON SYSTEM MAPPING 4
438-INTEGRATION ; 5
439-
440- (II) THE FOLLOWING PERSON NEL INFORMATION FOR EACH 6
441-COUNTY PUBLIC SAFETY ANSWERING POINT : 7
442-
443- 1. STAFFING AND VACANCY LEVELS; 8
444-
445- 2. A SUMMARY OF THE COU NTY’S EFFORTS TO FIND , 9
446-HIRE, AND RETAIN QUALIFIED PERSONNEL; 10
447-
448- 3. AN UPDATE ON TRAININ G OF PUBLIC SAFETY 11
449-ANSWERING POINT PERS ONNEL UNDER § 1–306 OF THIS SUBTITLE; AND 12
450-
451- 4. INCIDENCE OF WORKERS ’ COMPENSATION CLAIMS BY 13
452-PUBLIC SAFETY ANSWER ING POINT PERSONNEL ; 14
453-
454- (III) AN UPDATE ON AUDITS CONDUCTED BY THE COMPTROLLER 15
455-OF FEE COLLECTION AN D REMITTANCES , INCLUDING WHETHER FE ES COLLECTED 16
456-ARE SUFFICIENT TO CO VER EACH COUNTY ’S OPERATIONAL COSTS FO R THE 9–1–1 17
457-SYSTEM AND ANY MEASU RES RECOMMENDED OR I MPLEMENTED TO ADDRES S COST 18
458-SHORTAGES; 19
459-
460- (IV) ANNUAL INCIDENTS OF UNNECESSARY REQUESTS FOR 20
461-EMERGENCY SERVICES M ADE TO 9–1–1 FOR THE PURPOSE OF D ISPATCHING AN 21
462-UNNEEDED EMERGENCY R ESPONSE AND ANY RESULTI NG BODILY HARM OR DE ATH; 22
463-
464- (V) INCIDENCE AND INTERV AL DATA RELATING TO 9–1–1 23
465-OUTAGES OR THE ABSEN CE OF 9–1–1 SPECIALISTS TO RECEI VE REQUESTS FOR 24
466-EMERGENCY SERVICES ; AND 25
467-
468- (VI) AN UPDATE ON INTEGRA TION OF THE 9–1–1 SYSTEM WITH 26
469-9–8–8 AND 2–1–1 AND THE IMPACT ON 9–1–1 OPERATIONS AND CAPAC ITY. 27
470-
471- (C) THE DEPARTMENT SHALL SUMM ARIZE AND ANALYZE TH E 28
472-INFORMATION PROVIDED UNDER SUBSECTION (B)(3) OF THIS SECTION AND , 29
473-SUBJECT TO § 2–1257 OF THE STATE GOVERNMENT ARTICLE, SUBMIT TO THE 30
474-SENATE EDUCATION, HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE AND 31
475-THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE: 32 HOUSE BILL 1105 11
476-
477-
478-
479- (1) THE SUMMARY AND ANAL YSIS; 1
480-
481- (2) ANY ASSOCIATED RECOM MENDATIONS TO ADDRES S ISSUES 2
482-RAISED BY THE ANALYS IS; AND 3
483-
484- (3) A DESCRIPTION OF A NY MEASURES IMPLEMEN TED BY THE 4
485-DEPARTMENT TO ADDRESS ISSUES RAISED BY THE ANALYSIS. 5
486-
487-1–309.1. 6
488-
489- (a) In consultation with the Maryland Cybersecurity Council established under § 7
490-9–2901 of the State Government Article, the Board shall establish cybersecurity standards 8
491-for public safety answering points based on national industry and 9–1–1 system trade 9
492-association best practices, including standards concerning response protocols in the event 10
493-of a cybersecurity attack on a public safety answering point. 11
494-
495- (b) At least once each year on a date determined by the Board and in advance of 12
496-submitting a request for or receiving any money from the 9–1–1 Trust Fund, the director 13
497-of each public safety answering point shall examine the cybersecurity of the public safety 14
498-answering point to determine whether the cybersecurity defenses employed by the public 15
499-safety answering point satisfy the standards established by the Board under subsection (a) 16
500-of this section and submit to the Board a report detailing the results of that exercise. 17
501-
502- (c) (1) If a director of a public safety answering point fails to submit a report 18
503-required under subsection (b) of this section, the Board may not authorize any money from 19
504-the 9–1–1 Trust Fund to be paid to a county serviced by the public safety answering point 20
505-until that report has been submitted. 21
506-
507- (2) (I) IF A PUBLIC SAFETY AN SWERING POINT FAILS TO MEET THE 22
508-CYBERSECURITY STANDA RDS ESTABLISHED BY T HIS SECTION DURING T HE ANNUAL 23
509-EXAMINATION REQUIRED UNDER SUBSECTION (B) OF THIS SECTION , THE BOARD 24
510-SHALL WORK WITH THE PUBLIC SAFETY ANSWER ING POINT TO DEVELOP AN 25
511-AGGRESSIVE, CONSENSUS REMEDIATIO N PLAN AND IMPLEMENT ATION TIMELINE . 26
512-
513- (II) IF A PUBLIC SAFETY AN SWERING POINT FAILS TO COMPLY 27
514-WITH A REMEDIATION P LAN DEVELOPED UNDER THIS PARAGRAPH , THE BOARD MAY 28
515-REFUSE TO AUTHORIZE MONEY FROM THE 9–1–1 TRUST FUND TO BE PAID TO A 29
516-COUNTY SERVICED BY T HE PUBLIC SAFETY ANS WERING POINT FOR ANY NEW, 30
517-NONCYBERSECURITY PUR POSE. 31
518-
519-1–310. 32
520-
521- (f) (1) The Comptroller, in consultation with the Board, shall adopt 33
522-procedures for auditing surcharge collection and remittance by telephone companies and 34 12 HOUSE BILL 1105
523-
524-
525-CMRS providers of 9–1–1 fees collected under this section and under § 1–311 of this 1
526-subtitle. 2
527-
528- (2) The procedures adopted under paragraph (1) of this subsection shall be 3
529-consistent with the audit and appeal procedures established for the sales and use tax under 4
530-Titles 11 and 13 of the Tax – General Article. 5
531-
532- (3) The Comptroller may issue an administrative subpoena to compel 6
533-compliance with an audit conducted under this subsection. 7
534-
535- (4) The Comptroller shall develop and distribute informational materials 8
536-to telephone companies and CMRS providers regarding: 9
537-
538- (i) proper collection and remittance of 9–1–1 fees; and 10
539-
540- (ii) the audit procedures adopted under paragraph (1) of this 11
541-subsection. 12
542-
543- (5) On request of a telephone company or CMRS provider, and except as 13
544-otherwise required by law, the information that the telephone company or CMRS provider 14
545-reports to the Comptroller shall be confidential, privileged, and proprietary and may not be 15
546-disclosed to any person other than the telephone company or CMRS provider. 16
547-
548- (6) The Comptroller is entitled to an amount equal to 0.5% of the 9–1–1 17
549-fees collected under this section to cover the expenses of conducting audits under this 18
550-subsection. 19
551-
552- (7) On or before December 1 each year, the Comptroller shall submit an 20
553-annual report to the Board detailing the audits conducted during the immediately 21
554-preceding year and the outcome of each audit. 22
555-
556- (8) (I) BETWEEN DECEMBER 31, 2022, AND JANUARY 1, 2025, IN 23
557-ADDITION TO THE ANNU AL REPORT REQUIRED B Y PARAGRAPH (7) OF THIS 24
558-SUBSECTION, THE COMPTROLLER SHALL : 25
559-
560- 1. SUBMIT TO THE BOARD QUARTERLY UPDAT ES 26
561-DETAILING THE AUDITS CONDUCTED IN THE IMM EDIATELY PRECEDING QUARTER; 27
562-AND 28
563-
564- 2. IMMEDIATELY NOTIFY T HE BOARD OF ANY 29
565-DEFICIENCIES DETECTE D BY AN AUDIT. 30
566-
567- (II) BEGINNING JANUARY 1, 2025, ON REQUEST OF THE BOARD, 31
568-THE COMPTROLLER SHALL PRO VIDE QUARTERLY UPDAT ES DETAILING THE AUD ITS 32
569-CONDUCTED SINCE THE LAST UPDATE W AS PROVIDED. 33
570- HOUSE BILL 1105 13
571-
572-
573- (9) The Comptroller may adopt regulations necessary to carry out the 1
574-requirements of this subsection. 2
575-
576-1–311. 3
577-
578- (a) This section does not apply to prepaid wireless telecommunications service. 4
579-
580- (b) In addition to the State 9–1–1 fee, the governing body of each county, by 5
581-ordinance or resolution enacted or adopted after a public hearing, may impose a county 6
582-9–1–1 fee to be added to all current bills rendered for switched local exchange access service 7
583-or CMRS or other 9–1–1–accessible service in the county. 8
584-
585- (c) (1) Except as provided in paragraph (2) of this subsection and subject to 9
586-paragraphs (3) through (6) of this subsection, the county 9–1–1 fee imposed by a county 10
587-may not exceed 75 cents per month for each switched local exchange access service, CMRS, 11
588-or other 9–1–1–accessible service provided. 12
589-
590- (2) If revenues attributable to the county 9–1–1 fee for a fiscal year do not 13
591-provide the revenues necessary to cover a county’s operational costs for the 9–1–1 system 14
592-for that fiscal year, the county may, for the following fiscal year, impose a county 9–1–1 fee 15
593-[not exceeding $1.50 per month] SUFFICIENT TO COVER THE COUNTY ’S PROJECTED 16
594-OPERATIONAL COSTS FO R THE 9–1–1 SYSTEM FOR THE FISCA L YEAR for each switched 17
595-local exchange access service, CMRS, or other 9–1–1–accessible service provided. 18
596-
597- (3) Except as provided in paragraphs (4) through (6) of this subsection, if a 19
598-service provider provisions to the same individual or person the voice channel capacity to 20
599-make more than one simultaneous outbound call from a 9–1–1–accessible service, each 21
600-separate outbound call voice channel capacity, regardless of the technology, shall constitute 22
601-a separate 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due 23
602-under paragraphs (1) and (2) of this subsection. 24
603-
604- (4) CMRS provided to multiple devices that share a mobile telephone 25
605-number shall be treated as a single 9–1–1–accessible service for purposes of calculating the 26
606-county 9–1–1 fees due under paragraphs (1) and (2) of this subsection. 27
607-
608- (5) A broadband connection not used for telephone service may not 28
609-constitute a separate voice channel capacity for purposes of calculating the county 9–1–1 29
610-fees due under paragraphs (1) and (2) of this subsection. 30
611-
612- (6) (i) For a telephone service that provides, to multiple locations, 31
613-shared simultaneous outbound voice channel capacity configured to provide local dial in 32
614-different states or counties, the voice channel capacity to which the 9–1–1 fee due under 33
615-paragraphs (1) and (2) of this subsection applies is only the portion of the shared voice 34
616-channel capacity in the county identified by the service supplier’s books and records. 35
617- 14 HOUSE BILL 1105
618-
619-
620- (ii) In determining the portion of shared capacity in the county, a 1
621-service supplier may rely on, among other factors, a customer’s certification of the 2
622-customer’s allocation of capacity in the county, which may be based on: 3
623-
624- 1. each end user location; 4
625-
626- 2. the total number of end users; and 5
627-
628- 3. the number of end users at each end user location. 6
629-
630- (7) The amount of the county 9–1–1 fees may not exceed a level necessary 7
631-to cover the total eligible maintenance and operation costs of the county. 8
632-
633- (d) The county 9–1–1 fee continues in effect until repealed or modified by a 9
634-subsequent county ordinance or resolution. 10
635-
636- (e) After imposing, repealing, or modifying a county 9–1–1 fee, the county shall 11
637-certify the amount of the county 9–1–1 fee to: 12
638-
639- (1) the Public Service Commission; 13
640-
641- (2) THE BOARD; AND 14
642-
643- (3) NOT LATER THAN 60 DAYS BEFORE THE IMPL EMENTATION OF THE 15
644-CHANGE, THE COMPTROLLER . 16
645-
646- (f) The Public Service Commission shall direct each telephone company that 17
647-provides service in a county that imposed a county 9–1–1 fee to add, within 60 days, the 18
648-full amount of the county 9–1–1 fee to all current bills rendered for switched local exchange 19
649-access service in the county. 20
650-
651- (g) Within 60 days after a county enacts or adopts an ordinance or resolution that 21
652-imposes, repeals, or modifies a county 9–1–1 fee, each 9–1–1 service carrier that provides 22
653-service in the county shall add the full amount of the county 9–1–1 fee to all current bills 23
654-rendered for CMRS or other 9–1–1–accessible service in the county. 24
655-
656- (h) (1) Each telephone company and each 9–1–1 service carrier shall: 25
657-
658- (i) act as a collection agent for the 9–1–1 Trust Fund with respect 26
659-to the county 9–1–1 fee imposed by each county; 27
660-
661- (ii) collect the money from the county 9–1–1 fee on a county basis; 28
662-and 29
663-
664- (iii) remit all money collected to the Comptroller on a monthly basis. 30
665- HOUSE BILL 1105 15
666-
667-
668- (2) The Comptroller shall deposit the money remitted in the 9–1–1 Trust 1
669-Fund account maintained for the county that imposed the county 9–1–1 fee. 2
670-
671- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
672-October 1, 2022. 4
673-
674-
675-
676-
677-Approved:
678-________________________________________________________________________________
679- Governor.
680-________________________________________________________________________________
681- Speaker of the House of Delegates.
682-________________________________________________________________________________
683- President of the Senate.