EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1286*
HOUSE BILL 1286
C2, E4 2lr1709
CF 2lr1710
By: Delegate Hornberger
Introduced and read first time: February 11, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Social Networks – Next Generation 9–1–1 and Public Service Announcements 2
FOR the purpose of requiring certain social networks to dedicate a certain percentage of 3
advertisements on their platforms to certain public service announcements; 4
requiring certain social networks to pay a certain 9–1–1 social network fee; requiring 5
the Comptroller to perform certain duties relating to the collection of the 9–1–1 social 6
network fee; and generally relating to social networks and 9–1–1 emergency 7
telephone systems. 8
BY adding to 9
Article – Business Regulation 10
Section 19–107 11
Annotated Code of Maryland 12
(2015 Replacement Volume and 2021 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Public Safety 15
Section 1–301(a) 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2021 Supplement) 18
BY adding to 19
Article – Public Safety 20
Section 1–301(v–1) and 1–313.1 21
Annotated Code of Maryland 22
(2018 Replacement Volume and 2021 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Public Safety 25
Section 1–313.1 26
Annotated Code of Maryland 27 2 HOUSE BILL 1286
(2018 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Business Regulation 4
19–107. 5
(A) IN THIS SECTION , “SOCIAL NETWORK ” MEANS A PUBLIC –FACING 6
WEBSITE OR DIGITAL A PPLICATION THAT IS P RIMARILY ENGAGED IN THE BUSINESS 7
OF ENABLING PEER –TO–PEER COMMUNICATION B Y DIRECT MESSAGING B ETWEEN 8
TWO VISITORS OR USER S. 9
(B) IF A SOCIAL NETWORK H AS 500,000 OR MORE UNIQUE MONTH LY STATE 10
VISITORS OR USERS FO R A MAJORITY OF MONT HS DURING THE IMMEDI ATELY 11
PRECEDING 12 MONTHS, THE SOCIAL NETWORK S HALL DEDICATE AT LEA ST 2% OF 12
ALL ADVERTISEMENTS O N ITS PLATFORM TO PU BLIC SERVICE ANNOUNC EMENTS 13
WITH CONTENT RELEVAN T TO RESIDENTS OF THE STATE. 14
(C) FOR PURPOSES OF DETER MINING UNIQUE MONTHL Y STATE VISITORS 15
UNDER THIS SECTION , A VISITOR OR USER WH O ACCESSES MORE THAN ONE WEBSITE 16
OR DIGITAL APPLICATI ON WITH A SINGLE ACC OUNT SHALL BE CONSID ERED ONE 17
UNIQUE VISITOR WITH RESPECT TO THE GROUP O F WEBSITES OR DIGITA L 18
APPLICATIONS IF EACH OF THE WEBSITES OR D IGITAL APPLICATIONS : 19
(1) ARE OWNED BY THE SAM E ENTITY; AND 20
(2) SHARE THE SAME ACCOU NT INFORMATION OF TH E VISITOR OR 21
USER BETWEEN THE GRO UP OF WEBSITES OR DI GITAL APPLICATIONS. 22
Article – Public Safety 23
1–301. 24
(a) In this subtitle the following words have the meanings indicated. 25
(V–1) “SOCIAL NETWORK ” MEANS A PUBLIC –FACING WEBSITE OR DI GITAL 26
APPLICATION THAT IS PRIMARILY ENGAGED IN THE BUSINESS OF ENAB LING 27
PEER–TO–PEER COMMUNICATION B Y DIRECT MESSAGING B ETWEEN TWO VISITORS 28
OR USERS. 29
1–308. 30
(c) The 9–1–1 Trust Fund consists of: 31 HOUSE BILL 1286 3
(1) money from the 9–1–1 fee collected and remitted to the Comptroller 1
under § 1–310 of this subtitle; 2
(2) money from the additional charge collected and remitted to the 3
Comptroller under § 1–311 of this subtitle; 4
(3) money from the prepaid wireless E 9–1–1 fee collected and remitted to 5
the Comptroller under § 1–313 of this subtitle; [and] 6
(4) MONEY FROM THE 9–1–1 FEE COLLECTED BY THE COMPTROLLER 7
UNDER § 1–313.1 OF THIS SUBTITLE; AND 8
(5) investment earnings of the 9–1–1 Trust Fund. 9
1–313.1. 10
(A) IF A SOCIAL NETWORK H AS 500,000 OR MORE UNIQUE MONTH LY STATE 11
VISITORS OR USERS FO R A MAJORITY OF MONT HS DURING THE IMMEDI ATELY 12
PRECEDING 12 MONTHS, THE SOCIAL NETWORK S HALL PAY A 9–1–1 SOCIAL 13
NETWORK FEE . 14
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE AMOUNT 15
OF THE 9–1–1 FEE UNDER THIS SECTI ON SHALL BE $1.25 FOR EACH UNIQUE 16
MONTHLY STATE VISITOR OR USER , PAYABLE ON THE LAST DAY OF E ACH MONTH. 17
(2) THE FEE DUE SHALL BE BASED ON THE TOTAL N UMBER OF 18
UNIQUE MONTHLY STATE VISITORS FOR TH E PRIOR MONTH . 19
(C) FOR PURPOSES OF DETER MINING UNIQUE MONTHL Y STATE VISITORS 20
UNDER THIS SECTION , A VISITOR OR USER WH O ACCESSES M ORE THAN ONE WEBSITE 21
OR DIGITAL APPLICATI ON WITH A SINGLE ACC OUNT SHALL BE CONSID ERED ONE 22
UNIQUE VISITOR WITH RESPECT TO THE GROUP OF WEBSITES OR DIGIT AL 23
APPLICATIONS IF EACH OF THE WEBSITES OR D IGITAL APPLICATIONS : 24
(1) ARE OWNED BY THE SAM E ENTITY; AND 25
(2) SHARE THE SAME ACCOU NT INFORMATION OF TH E VISITOR OR 26
USER BETWEEN THE GRO UP OF WEBSITES OR DI GITAL APPLICATIONS . 27
(D) THE COMPTROLLER : 28
(1) SHALL ACT AS A COLLE CTION AGENT FOR THE 9–1–1 SOCIAL 29
NETWORK FEE UNDER TH IS SECTION; 30 4 HOUSE BILL 1286
(2) SHALL DEPOSIT THE MONEY CO LLECTED IN THE 9–1–1 TRUST 1
FUND; 2
(3) SHALL KEEP RECORDS O F 9–1–1 SOCIAL NETWORK FEES 3
COLLECTED AND DEPOSI TED FOR AT LEAST 4 YEARS AFTER THE FEE IS COLLECTED; 4
(4) MAY RETAIN AN AMOUNT EQU AL TO 0.50% OF THE 9–1–1 SOCIAL 5
NETWORK FEE TO COVER THE EXPENSE S OF BILLING, COLLECTING, AND KEEPING 6
RECORDS; 7
(5) SHALL DEVELOP AND DI STRIBUTE INFORMATION AL MATERIALS 8
TO SOCIAL NETWORKS R EGARDING PROPER PAYM ENT OF THE FEE REQUI RED 9
UNDER THIS SECTION ; AND 10
(6) SHALL ADOPT REGULATI ONS TO CARRY O UT THIS SECTION. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2022. 13