EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb1105* HOUSE BILL 1105 E4 2lr0955 CF SB 633 By: Delegate Hill Introduced and read first time: February 10, 2022 Assigned to: Health and Government Operations Committee Report: Favorable with amendments House action: Adopted Read second time: March 30, 2022 CHAPTER ______ AN ACT concerning 1 Public Safety – 9–1–1 Emergency Telephone System – Alterations 2 FOR the purpose of making alterations to the 9–1–1 Emergency Telephone System in the 3 State; altering the classification and compensation of 9–1–1 specialists; authorizing 4 9–1–1 specialists to seek certain treatment confidentially; requiring the Maryland 5 9–1–1 Board to establish certain procedures governing vacancies on the Board; 6 altering the powers and duties of the Board with respect to public safety answering 7 point personnel training and cybersecurity standards; requiring the Comptroller to 8 submit certain updates regarding certain audits; altering the maximum amount of 9 the county 9–1–1 fee that a county may impose under certain circumstances; and 10 generally relating to 9–1–1 emergency telephone systems. 11 BY repealing and reenacting, with amendments, 12 Article – Public Safety 13 Section 1–301, 1–302.1, 1–304.2, 1–305(c), 1–306(b)(15) and (e), 1–307, 1–309.1, 14 1–310(f), and 1–311 15 Annotated Code of Maryland 16 (2018 Replacement Volume and 2021 Supplement) 17 BY repealing 18 Article – Public Safety 19 Section 1–305(d) 20 Annotated Code of Maryland 21 (2018 Replacement Volume and 2021 Supplement) 22 2 HOUSE BILL 1105 BY adding to 1 Article – Public Safety 2 Section 1–305(d) 3 Annotated Code of Maryland 4 (2018 Replacement Volume and 2021 Supplement) 5 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 That the Laws of Maryland read as follows: 7 Article – Public Safety 8 1–301. 9 (a) In this subtitle the following words have the meanings indicated. 10 (b) “Board” means the Maryland 9–1–1 Board. 11 (c) “Commercial mobile radio service” or “CMRS” means mobile 12 telecommunications service that is: 13 (1) provided for profit with the intent of receiving compensation or 14 monetary gain; 15 (2) an interconnected, two–way voice service; and 16 (3) available to the public. 17 (d) “Commercial mobile radio service provider” or “CMRS provider” means a 18 person authorized by the Federal Communications Commission to provide CMRS in the 19 State. 20 (e) “County 9–1–1 fee” means the fee imposed by a county in accordance with § 21 1–311 of this subtitle. 22 (f) “County plan” means a plan for a 9–1–1 system or enhanced 9–1–1 system, or 23 an amendment to the plan, developed by a county or several counties together under this 24 subtitle. 25 (g) (1) “Customer” means: 26 (i) the person that contracts with a home service provider for CMRS; 27 or 28 (ii) the end user of the CMRS if the end user of the CMRS is not the 29 contracting party. 30 (2) “Customer” does not include: 31 HOUSE BILL 1105 3 (i) a reseller of CMRS; or 1 (ii) a serving carrier under an arrangement to serve the customer 2 outside the home service provider’s licensed service area. 3 (h) “Enhanced 9–1–1 system” means a 9–1–1 system that provides: 4 (1) automatic number identification; 5 (2) automatic location identification; and 6 (3) any other technological advancements that the Board requires. 7 (i) “FCC order” means an order issued by the Federal Communications 8 Commission under proceedings regarding the compatibility of enhanced 9–1–1 systems and 9 delivery of wireless enhanced 9–1–1 service. 10 (j) (1) “FIRST RESPONDER ” MEANS AN EMPLOYEE OF A STATE OR LOCAL 11 PUBLIC SAFETY AGENCY THAT PROVIDES EMERGE NCY RESPONSE SERVICE S. 12 (2) “FIRST RESPONDER ” INCLUDES: 13 (I) A FIREFIGHTER; 14 (II) A PARAMEDIC; 15 (III) AN EMERGENCY MEDICAL TECHNICIAN; 16 (IV) A RESCUE SQUAD MEMBE R; 17 (V) A SWORN MEMBER OF TH E OFFICE OF THE STATE FIRE 18 MARSHAL; 19 (VI) A MEMBER OF A VOLUNT EER FIRE OR RESCUE C OMPANY 20 WHO IS A COVERED EMP LOYEE UNDER § 9–234 OF THE LABOR AND EMPLOYMENT 21 ARTICLE; 22 (VII) AN INDIVIDUAL WHO IS LICENSED OR CERTIFIE D UNDER § 23 13–516 OF THE EDUCATION ARTICLE; AND 24 (VIII) A 9–1–1 SPECIALIST. 25 (K) “Home service provider” means the facilities–based carrier or reseller that 26 contracts with a customer to provide CMRS. 27 4 HOUSE BILL 1105 [(k)] (L) “Next Generation 9–1–1 services” means an Internet Pr otocol 1 (IP)–based system, comprised of hardware, software, data, and operational policies and 2 procedures, that: 3 (1) provides standardized interfaces from emergency call and message 4 services to support emergency communications; 5 (2) processes all types of requests for emergency services, including voice, 6 text, data, and multimedia information; 7 (3) acquires and integrates additional emergency call data useful to 8 routing and handling of requests for emergency services; 9 (4) delivers the emergency calls, messages, and data to the appropriate 10 public safety answering point and other appropriate emergency entities; 11 (5) supports data or video communications needs for coordinated incident 12 response and management; and 13 (6) provides broadband service to public safety answering points or other 14 first responder entities. 15 [(l)] (M) “9–1–1–accessible service” means telephone service or another 16 communications service that connects an individual dialing the digits 9–1–1 to an 17 established public safety answering point. 18 [(m)] (N) (1) “9–1–1 service carrier” means a provider of CMRS or other 19 9–1–1–accessible service. 20 (2) “9–1–1 service carrier” does not include a telephone company. 21 [(n)] (O) “9–1–1 specialist” means an employee of a county public safety 22 answering point, or an employee working in a county public safety answering point, whose 23 duties and responsibilities include: 24 (1) receiving and processing 9–1–1 requests for emergency services; 25 (2) other support functions directly related to 9–1–1 requests for 26 emergency services; or 27 (3) dispatching law enforcement officers, fire rescue services, emergency 28 medical services, and other public safety services to the scene of an emergency. 29 [(o)] (P) (1) “9–1–1 system” means telephone service that: 30 (i) meets the planning guidelines established under this subtitle; 31 and 32 HOUSE BILL 1105 5 (ii) automatically connects an individual dialing the digits 9–1–1 to 1 an established public safety answering point. 2 (2) “9–1–1 system” includes: 3 (i) equipment for connecting and outswitching 9–1–1 calls within a 4 telephone central office; 5 (ii) trunking facilities from a telephone central office to a public 6 safety answering point; and 7 (iii) equipment to connect 9–1–1 calls to the appropriate public safety 8 agency. 9 [(p)] (Q) “9–1–1 Trust Fund” means the fund established under § 1–308 of this 10 subtitle. 11 [(q)] (R) “Prepaid wireless E 9–1–1 fee” means the fee that is required to be 12 collected by a seller from a consumer in the amount established under § 1–313 of this 13 subtitle. 14 [(r)] (S) “Prepaid wireless telecommunications service” means a commercial 15 mobile radio service that: 16 (1) allows a consumer to dial 9–1–1 to access the 9–1–1 system; 17 (2) must be paid for in advance; and 18 (3) is sold in predetermined units that decline with use in a known amount. 19 [(s)] (T) “Public safety agency” means: 20 (1) a functional division of a public agency that provides fire fighting, 21 police, medical, or other emergency services; or 22 (2) a private entity that provides fire fighting, police, medical, or other 23 emergency services on a voluntary basis. 24 [(t)] (U) “Public safety answering point” means a communications facility that: 25 (1) is operated on a 24–hour basis; 26 (2) first receives 9–1–1 requests for emergency services in a 9–1–1 service 27 area; and 28 (3) as appropriate: 29 6 HOUSE BILL 1105 (i) dispatches public safety services directly; 1 (ii) transmits incident data to appropriate public safety agencies 2 within the State for the dispatch of public safety services; or 3 (iii) transfers 9–1–1 requests for emergency services or transmits 4 incident data to: 5 1. an appropriate federal emergency communication center 6 responsible for the delivery of public safety services on a federal campus or federal 7 reservation; or 8 2. an appropriate public safety answering point located 9 within or outside the State. 10 [(u)] (V) “Secretary” means the Secretary of Emergency Management. 11 [(v)] (W) “Seller” means a person that sells prepaid wireless telecommunications 12 service to another person. 13 [(w)] (X) “State 9–1–1 fee” means the fee imposed in accordance with § 1–310 of 14 this subtitle. 15 [(x)] (Y) “Wireless enhanced 9–1–1 service” means enhanced 9–1–1 service 16 under an FCC order. 17 1–302.1. 18 (a) The General Assembly finds that 9–1–1 specialists are key members of the 19 team of public safety personnel responding to requests from the public for emergency 20 assistance. 21 (b) [It is the intent of the General Assembly that jurisdictions] EACH 22 JURISDICTION employing 9–1–1 specialists SHALL: 23 (1) appropriately classify 9–1–1 specialists AS FIRST RESPONDERS in 24 recognition of the training, knowledge, and skills that 9–1–1 specialists possess and 25 demonstrate in answering and handling requests for emergency assistance; and 26 (2) compensate 9–1–1 specialists in a manner that: 27 (i) reflects their membership in the team of public safety personnel 28 answering and responding to requests for emergency assistance; [and] 29 HOUSE BILL 1105 7 (ii) is commensurate with the training, knowledge, and skills they 1 possess; AND. 2 (III) EXCEEDS THE MINIMUM WAGE RATE REQUIRED I N § 3–413 3 OF THE LABOR AND EMPLOYMENT ARTICLE. 4 1–304.2. 5 (A) Each public safety answering point shall adopt and implement programs 6 compliant with best practices on 9–1–1 acute/traumatic and chronic stress management. 7 (B) (1) A 9–1–1 SPECIALIST MAY , AS PART OF OCCUPATIO NAL 8 WELL–BEING STANDARDS AND PRACTICES, SEEK TREATMENT FOR J OB–RELATED 9 AUDIBLE OR VISUAL TR AUMA WITHOUT INFORMI NG ANYONE. 10 (2) EXCEPT AS OTHERWISE P ROVIDED UNDER TITLE 9, SUBTITLE 1 11 OF THE COURTS ARTICLE, COMMUNICATIONS BETWE EN A 9–1–1 SPECIALIST AND A 12 TREATMENT PROVIDER T HAT OCCUR IN CONNECT ION WITH THE TREATME NT OF 13 JOB–RELATED AUDIBLE OR V ISUAL TRAUMA SHALL B E CONFIDENTIAL . 14 1–305. 15 (c) (1) The term of a member is 4 years and begins on July 1. 16 (2) The terms of the members are staggered as required by the terms 17 provided for members of the Board on October 1, 2003. 18 (3) At the end of a term, a member continues to serve until a successor is 19 appointed and qualifies. 20 (4) (I) If a vacancy occurs after a term has begun, the Governor shall 21 appoint a successor to represent the organization or group in which the vacancy occurs. 22 (II) THE BOARD, IN CONSULTATION WITH THE MARYLAND 23 DEPARTMENT OF EMERGENCY MANAGEMENT , SHALL DEVELOP AND ES TABLISH 24 PROCEDURES FOR : 25 1. FILLING A VACANCY AS SOON AS PRACTICABLE AFTER 26 THE VACANCY OCCURS ; AND 27 2. ENSURING CANDIDATES FOR FILLING A VACANC Y 28 HAVE APPROPRIATE EXP ERTISE AND A COMMITM ENT TO IMPROVING 9–1–1 29 SERVICES IN THE STATE. 30 8 HOUSE BILL 1105 (5) A member who is appointed after a term has begun serves only for the 1 rest of the term and until a successor is appointed and qualifies. 2 [(d) The Governor shall appoint a chairperson from among the Board members.] 3 (D) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT A CHAIR AND 4 VICE CHAIR. 5 1–306. 6 (b) The Board’s responsibilities include: 7 (15) establishing training standards for public safety answering point 8 personnel based on national best practices, including training concerning: 9 (I) Next Generation 9–1–1 topics; [and] 10 (II) individual psychological well–being and resilience; AND 11 (III) SUBJECT TO SUBSECTIO N (E)(2) OF THIS SECTION, IMPLICIT 12 BIAS TRAINING; 13 (e) (1) (I) The standards established by the Board under subsection (b)(15) 14 of this section shall include onboarding standards for newly hired 9–1–1 specialists and 15 minimum continuing education standards for 9–1–1 specialists. 16 (II) THE BOARD SHALL DEVELOP C RITERIA AND APPROVE THE 17 INITIAL AND ONGOING TRAINING CURRICULUM FOR THE TRAINING REQ UIRED 18 UNDER SUBSECTION (B)(15) OF THIS SECTION. 19 (2) PUBLIC SAFETY ANSWERI NG POINT PERSONNEL S HALL BE 20 PROVIDED THE IMPLICI T BIAS TRAINING REQU IRED UNDER SUBSECTIO N (B)(15)(III) 21 OF THIS SECTION: 22 (I) ON OR BEFORE OCTOBER 1, 2024, FOR PERSONNEL HIRED 23 BY THE PUBLIC SAFETY ANS WERING POINT ON OR B EFORE OCTOBER 1, 2022; 24 (II) AT THE TIME OF HIRE FOR PERSONNEL HIRED BY THE 25 PUBLIC SAFETY ANSWER ING POINT AFTER OCTOBER 1, 2022; AND 26 (III) ON A RECURRING BASIS WITH UPDATES AS DETE RMINED BY 27 THE BOARD, BUT AT LEAST ONCE EVERY 4 YEARS. 28 (3) (i) At least once each year, the Board shall provide for an audit of 29 each public safety answering point in order to ensure that 9–1–1 specialists and other 30 HOUSE BILL 1105 9 personnel employed by the public safety answering point have satisfied the training 1 requirements established in accordance with subsection (b)(15) of this section. 2 (ii) The audit described under subparagraph (i) of this paragraph 3 may be conducted concurrently with an inspection of the public safety answering point in 4 accordance with subsection (b)(10) of this section. 5 (III) 1. IF THE BOARD DETERMINES THAT THE PERSONNEL 6 EMPLOYED BY A PUBLIC SAFETY ANSWERING POI NT HAVE NOT SATISFIE D THE 7 TRAINING REQUIREMENT S ESTABLISHED IN ACC ORDANCE WITH SUBSECT ION 8 (B)(15) OF THIS SECTION , THE BOARD AND PUBLIC SAFE TY ANSWERING POINT 9 SHALL JOINTLY DEVELOP A REMEDIATIO N PLAN AND IMPLEMENT ATION TIMELINE . 10 2. THE BOARD MAY IMPOSE SANC TIONS ON A PUBLIC 11 SAFETY ANSWERING POI NT IF THE PUBLIC SAF ETY ANSWERING POINT FAILS TO 12 COMPLY WITH A REMEDI ATION PLAN OR IMPLEM ENTATION TIMELINE DE VELOPED 13 UNDER THIS SUBPARAGRAPH . 14 1–307. 15 (a) The Board shall submit an annual report to the Governor, the Secretary, and, 16 subject to § 2–1257 of the State Government Article, the Legislative Policy Committee, THE 17 SENATE EDUCATION, HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE, AND 18 THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE. 19 (b) The report SUBMITTED UNDER SUBS ECTION (A) OF THIS SECTION shall 20 provide the following information: 21 (1) for each county: 22 [(1)] (I) the type of 9–1–1 system currently operating in the county; 23 [(2)] (II) the total State 9–1–1 fee and county 9–1–1 fee charged; 24 [(3)] (III) the funding formula in effect; 25 [(4)] (IV) any statutory or regulatory violation by the county and the 26 response of the Board; AND 27 [(5)] (V) any efforts to establish an enhanced 9–1–1 system in the county; 28 [and] 29 [(6)] (2) any suggested changes to this subtitle; AND 30 (3) FOR THE ANNUAL REPOR TS SUBMITTED IN 2022 THROUGH 2027: 31 10 HOUSE BILL 1105 (I) AN UPDATE ON THE PRO GRESS OF EACH COUNTY IN 1 TRANSITIONING TO NEXT GENERATION 9–1–1 TECHNOLOGY , INCLUDING 2 COMPLIANCE WITH CYBE RSECURITY STANDARDS AND MEETING GOALS OF 3 INTEROPERABILITY AND GEOGRAPHIC INFORMATI ON SYSTEM MAPPING 4 INTEGRATION ; 5 (II) THE FOLLOWING PERSON NEL INFORMATION FOR EACH 6 COUNTY PUBLIC SAFETY ANSWERING POINT : 7 1. STAFFING AND VACANCY LEVELS; 8 2. A SUMMARY OF THE COU NTY’S EFFORTS TO FIND , 9 HIRE, AND RETAIN QUALIFIED PERSONNEL; 10 3. AN UPDATE ON TRAININ G OF PUBLIC SAFETY 11 ANSWERING POINT PERS ONNEL UNDER § 1–306 OF THIS SUBTITLE; AND 12 4. INCIDENCE OF WORKERS ’ COMPENSATION CLAIMS BY 13 PUBLIC SAFETY ANSWER ING POINT PERSONNEL ; 14 (III) AN UPDATE ON AUDITS CONDUCTED BY THE COMPTROLLER 15 OF FEE COLLECTION AN D REMITTANCES , INCLUDING WHETHER FE ES COLLECTED 16 ARE SUFFICIENT TO CO VER EACH COUNTY ’S OPERATIONAL COSTS FO R THE 9–1–1 17 SYSTEM AND ANY MEASU RES RECOMMENDED OR I MPLEMENTED TO ADDRES S COST 18 SHORTAGES; 19 (IV) ANNUAL INCIDENTS OF UNNECESSARY REQUESTS FOR 20 EMERGENCY SERVICES M ADE TO 9–1–1 FOR THE PURPOSE OF D ISPATCHING AN 21 UNNEEDED EMERGENCY R ESPONSE AND ANY RESULTI NG BODILY HARM OR DE ATH; 22 (V) INCIDENCE AND INTERV AL DATA RELATING TO 9–1–1 23 OUTAGES OR THE ABSEN CE OF 9–1–1 SPECIALISTS TO RECEI VE REQUESTS FOR 24 EMERGENCY SERVICES ; AND 25 (VI) AN UPDATE ON INTEGRA TION OF THE 9–1–1 SYSTEM WITH 26 9–8–8 AND 2–1–1 AND THE IMPACT ON 9–1–1 OPERATIONS AND CAPAC ITY. 27 (C) THE DEPARTMENT SHALL SUMM ARIZE AND ANALYZE TH E 28 INFORMATION PROVIDED UNDER SUBSECTION (B)(3) OF THIS SECTION AND , 29 SUBJECT TO § 2–1257 OF THE STATE GOVERNMENT ARTICLE, SUBMIT TO THE 30 SENATE EDUCATION, HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE AND 31 THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE: 32 HOUSE BILL 1105 11 (1) THE SUMMARY AND ANAL YSIS; 1 (2) ANY ASSOCIATED RECOM MENDATIONS TO ADDRES S ISSUES 2 RAISED BY THE ANALYS IS; AND 3 (3) A DESCRIPTION OF A NY MEASURES IMPLEMEN TED BY THE 4 DEPARTMENT TO ADDRESS ISSUES RAISED BY THE ANALYSIS. 5 1–309.1. 6 (a) In consultation with the Maryland Cybersecurity Council established under § 7 9–2901 of the State Government Article, the Board shall establish cybersecurity standards 8 for public safety answering points based on national industry and 9–1–1 system trade 9 association best practices, including standards concerning response protocols in the event 10 of a cybersecurity attack on a public safety answering point. 11 (b) At least once each year on a date determined by the Board and in advance of 12 submitting a request for or receiving any money from the 9–1–1 Trust Fund, the director 13 of each public safety answering point shall examine the cybersecurity of the public safety 14 answering point to determine whether the cybersecurity defenses employed by the public 15 safety answering point satisfy the standards established by the Board under subsection (a) 16 of this section and submit to the Board a report detailing the results of that exercise. 17 (c) (1) If a director of a public safety answering point fails to submit a report 18 required under subsection (b) of this section, the Board may not authorize any money from 19 the 9–1–1 Trust Fund to be paid to a county serviced by the public safety answering point 20 until that report has been submitted. 21 (2) (I) IF A PUBLIC SAFETY AN SWERING POINT FAILS TO MEET THE 22 CYBERSECURITY STANDA RDS ESTABLISHED BY T HIS SECTION DURING T HE ANNUAL 23 EXAMINATION REQUIRED UNDER SUBSECTION (B) OF THIS SECTION , THE BOARD 24 SHALL WORK WITH THE PUBLIC SAFETY ANSWER ING POINT TO DEVELOP AN 25 AGGRESSIVE, CONSENSUS REMEDIATIO N PLAN AND IMPLEMENT ATION TIMELINE . 26 (II) IF A PUBLIC SAFETY AN SWERING POINT FAILS TO COMPLY 27 WITH A REMEDIATION P LAN DEVELOPED UNDER THIS PARAGRAPH , THE BOARD MAY 28 REFUSE TO AUTHORIZE MONEY FROM THE 9–1–1 TRUST FUND TO BE PAID TO A 29 COUNTY SERVICED BY T HE PUBLIC SAFETY ANS WERING POINT FOR ANY NEW, 30 NONCYBERSECURITY PUR POSE. 31 1–310. 32 (f) (1) The Comptroller, in consultation with the Board, shall adopt 33 procedures for auditing surcharge collection and remittance by telephone companies and 34 12 HOUSE BILL 1105 CMRS providers of 9–1–1 fees collected under this section and under § 1–311 of this 1 subtitle. 2 (2) The procedures adopted under paragraph (1) of this subsection shall be 3 consistent with the audit and appeal procedures established for the sales and use tax under 4 Titles 11 and 13 of the Tax – General Article. 5 (3) The Comptroller may issue an administrative subpoena to compel 6 compliance with an audit conducted under this subsection. 7 (4) The Comptroller shall develop and distribute informational materials 8 to telephone companies and CMRS providers regarding: 9 (i) proper collection and remittance of 9–1–1 fees; and 10 (ii) the audit procedures adopted under paragraph (1) of this 11 subsection. 12 (5) On request of a telephone company or CMRS provider, and except as 13 otherwise required by law, the information that the telephone company or CMRS provider 14 reports to the Comptroller shall be confidential, privileged, and proprietary and may not be 15 disclosed to any person other than the telephone company or CMRS provider. 16 (6) The Comptroller is entitled to an amount equal to 0.5% of the 9–1–1 17 fees collected under this section to cover the expenses of conducting audits under this 18 subsection. 19 (7) On or before December 1 each year, the Comptroller shall submit an 20 annual report to the Board detailing the audits conducted during the immediately 21 preceding year and the outcome of each audit. 22 (8) (I) BETWEEN DECEMBER 31, 2022, AND JANUARY 1, 2025, IN 23 ADDITION TO THE ANNU AL REPORT REQUIRED B Y PARAGRAPH (7) OF THIS 24 SUBSECTION, THE COMPTROLLER SHALL : 25 1. SUBMIT TO THE BOARD QUARTERLY UPDAT ES 26 DETAILING THE AUDITS CONDUCTED IN THE IMM EDIATELY PRECEDING QUARTER; 27 AND 28 2. IMMEDIATELY NOTIFY T HE BOARD OF ANY 29 DEFICIENCIES DETECTE D BY AN AUDIT. 30 (II) BEGINNING JANUARY 1, 2025, ON REQUEST OF THE BOARD, 31 THE COMPTROLLER SHALL PRO VIDE QUARTERLY UPDAT ES DETAILING THE AUD ITS 32 CONDUCTED SINCE THE LAST UPDATE W AS PROVIDED. 33 HOUSE BILL 1105 13 (9) The Comptroller may adopt regulations necessary to carry out the 1 requirements of this subsection. 2 1–311. 3 (a) This section does not apply to prepaid wireless telecommunications service. 4 (b) In addition to the State 9–1–1 fee, the governing body of each county, by 5 ordinance or resolution enacted or adopted after a public hearing, may impose a county 6 9–1–1 fee to be added to all current bills rendered for switched local exchange access service 7 or CMRS or other 9–1–1–accessible service in the county. 8 (c) (1) Except as provided in paragraph (2) of this subsection and subject to 9 paragraphs (3) through (6) of this subsection, the county 9–1–1 fee imposed by a county 10 may not exceed 75 cents per month for each switched local exchange access service, CMRS, 11 or other 9–1–1–accessible service provided. 12 (2) If revenues attributable to the county 9–1–1 fee for a fiscal year do not 13 provide the revenues necessary to cover a county’s operational costs for the 9–1–1 system 14 for that fiscal year, the county may, for the following fiscal year, impose a county 9–1–1 fee 15 [not exceeding $1.50 per month] SUFFICIENT TO COVER THE COUNTY ’S PROJECTED 16 OPERATIONAL COSTS FO R THE 9–1–1 SYSTEM FOR THE FISCA L YEAR for each switched 17 local exchange access service, CMRS, or other 9–1–1–accessible service provided. 18 (3) Except as provided in paragraphs (4) through (6) of this subsection, if a 19 service provider provisions to the same individual or person the voice channel capacity to 20 make more than one simultaneous outbound call from a 9–1–1–accessible service, each 21 separate outbound call voice channel capacity, regardless of the technology, shall constitute 22 a separate 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due 23 under paragraphs (1) and (2) of this subsection. 24 (4) CMRS provided to multiple devices that share a mobile telephone 25 number shall be treated as a single 9–1–1–accessible service for purposes of calculating the 26 county 9–1–1 fees due under paragraphs (1) and (2) of this subsection. 27 (5) A broadband connection not used for telephone service may not 28 constitute a separate voice channel capacity for purposes of calculating the county 9–1–1 29 fees due under paragraphs (1) and (2) of this subsection. 30 (6) (i) For a telephone service that provides, to multiple locations, 31 shared simultaneous outbound voice channel capacity configured to provide local dial in 32 different states or counties, the voice channel capacity to which the 9–1–1 fee due under 33 paragraphs (1) and (2) of this subsection applies is only the portion of the shared voice 34 channel capacity in the county identified by the service supplier’s books and records. 35 14 HOUSE BILL 1105 (ii) In determining the portion of shared capacity in the county, a 1 service supplier may rely on, among other factors, a customer’s certification of the 2 customer’s allocation of capacity in the county, which may be based on: 3 1. each end user location; 4 2. the total number of end users; and 5 3. the number of end users at each end user location. 6 (7) The amount of the county 9–1–1 fees may not exceed a level necessary 7 to cover the total eligible maintenance and operation costs of the county. 8 (d) The county 9–1–1 fee continues in effect until repealed or modified by a 9 subsequent county ordinance or resolution. 10 (e) After imposing, repealing, or modifying a county 9–1–1 fee, the county shall 11 certify the amount of the county 9–1–1 fee to: 12 (1) the Public Service Commission; 13 (2) THE BOARD; AND 14 (3) NOT LATER THAN 60 DAYS BEFORE THE IMPL EMENTATION OF THE 15 CHANGE, THE COMPTROLLER . 16 (f) The Public Service Commission shall direct each telephone company that 17 provides service in a county that imposed a county 9–1–1 fee to add, within 60 days, the 18 full amount of the county 9–1–1 fee to all current bills rendered for switched local exchange 19 access service in the county. 20 (g) Within 60 days after a county enacts or adopts an ordinance or resolution that 21 imposes, repeals, or modifies a county 9–1–1 fee, each 9–1–1 service carrier that provides 22 service in the county shall add the full amount of the county 9–1–1 fee to all current bills 23 rendered for CMRS or other 9–1–1–accessible service in the county. 24 (h) (1) Each telephone company and each 9–1–1 service carrier shall: 25 (i) act as a collection agent for the 9–1–1 Trust Fund with respect 26 to the county 9–1–1 fee imposed by each county; 27 (ii) collect the money from the county 9–1–1 fee on a county basis; 28 and 29 (iii) remit all money collected to the Comptroller on a monthly basis. 30 HOUSE BILL 1105 15 (2) The Comptroller shall deposit the money remitted in the 9–1–1 Trust 1 Fund account maintained for the county that imposed the county 9–1–1 fee. 2 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 October 1, 2022. 4 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.