EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb0633*
SENATE BILL 633
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By: Senators Kagan and Reilly
Introduced and read first time: February 3, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
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), 1–309.1, 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
BY adding to 23
Article – Public Safety 24
Section 1–305(d) 25
Annotated Code of Maryland 26
(2018 Replacement Volume and 2021 Supplement) 27
2 SENATE BILL 633
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Public Safety 3
1–301. 4
(a) In this subtitle the following words have the meanings indicated. 5
(b) “Board” means the Maryland 9–1–1 Board. 6
(c) “Commercial mobile radio service” or “CMRS” means mobile 7
telecommunications service that is: 8
(1) provided for profit with the intent of receiving compensation or 9
monetary gain; 10
(2) an interconnected, two–way voice service; and 11
(3) available to the public. 12
(d) “Commercial mobile radio service provider” or “CMRS provider” means a 13
person authorized by the Federal Communications Commission to provide CMRS in the 14
State. 15
(e) “County 9–1–1 fee” means the fee imposed by a county in accordance with § 16
1–311 of this subtitle. 17
(f) “County plan” means a plan for a 9–1–1 system or enhanced 9–1–1 system, or 18
an amendment to the plan, developed by a county or several counties together under this 19
subtitle. 20
(g) (1) “Customer” means: 21
(i) the person that contracts with a home service provider for CMRS; 22
or 23
(ii) the end user of the CMRS if the end user of the CMRS is not the 24
contracting party. 25
(2) “Customer” does not include: 26
(i) a reseller of CMRS; or 27
(ii) a serving carrier under an arrangement to serve the customer 28
outside the home service provider’s licensed service area. 29
SENATE BILL 633 3
(h) “Enhanced 9–1–1 system” means a 9–1–1 system that provides: 1
(1) automatic number identification; 2
(2) automatic location identification; and 3
(3) any other technological advancements that the Board requires. 4
(i) “FCC order” means an order issued by the Federal Communications 5
Commission under proceedings regarding the compatibility of enhanced 9–1–1 systems and 6
delivery of wireless enhanced 9–1–1 service. 7
(j) (1) “FIRST RESPONDER ” MEANS AN EMPLOYEE OF A STATE OR LOCAL 8
PUBLIC SAFETY AGENCY THAT PROVIDES EMERGE NCY RESPONSE SERVICE S. 9
(2) “FIRST RESPONDER ” INCLUDES: 10
(I) A FIREFIGHTER; 11
(II) A PARAMEDIC; 12
(III) AN EMERGENCY MEDICAL TECHNICIAN; 13
(IV) A RESCUE SQUAD MEMBE R; 14
(V) A SWORN MEMBER OF TH E OFFICE OF THE STATE FIRE 15
MARSHAL; 16
(VI) A MEMBER OF A VOLUNT EER FIRE OR RESCUE C OMPANY 17
WHO IS A COVERED EMPLOYEE UNDER § 9–234 OF THE LABOR AND EMPLOYMENT 18
ARTICLE; 19
(VII) AN INDIVIDUAL WHO IS LICENSED OR CERTIFIE D UNDER § 20
13–516 OF THE EDUCATION ARTICLE; AND 21
(VIII) A 9–1–1 SPECIALIST. 22
(K) “Home service provider” means the facilities–based carrier or reseller that 23
contracts with a customer to provide CMRS. 24
[(k)] (L) “Next Generation 9–1–1 services” means an Internet Protocol 25
(IP)–based system, comprised of hardware, software, data, and operational policies and 26
procedures, that: 27
4 SENATE BILL 633
(1) provides standardized interfaces from emergency call and message 1
services to support emergency communications; 2
(2) processes all types of requests for emergency services, including voice, 3
text, data, and multimedia information; 4
(3) acquires and integrates additional emergency call data useful to 5
routing and handling of requests for emergency services; 6
(4) delivers the emergency calls, messages, and data to the appropriate 7
public safety answering point and other appropriate emergency entities; 8
(5) supports data or video communications needs for coordinated incident 9
response and management; and 10
(6) provides broadband service to public safety answering points or other 11
first responder entities. 12
[(l)] (M) “9–1–1–accessible service” means telephone service or another 13
communications service that connects an individual dialing the digits 9–1–1 to an 14
established public safety answering point. 15
[(m)] (N) (1) “9–1–1 service carrier” means a provider of CMRS or other 16
9–1–1–accessible service. 17
(2) “9–1–1 service carrier” does not include a telephone company. 18
[(n)] (O) “9–1–1 specialist” means an employee of a county public safety 19
answering point, or an employee working in a county public safety answering point, whose 20
duties and responsibilities include: 21
(1) receiving and processing 9–1–1 requests for emergency services; 22
(2) other support functions directly related to 9–1–1 requests for 23
emergency services; or 24
(3) dispatching law enforcement officers, fire rescue services, emergency 25
medical services, and other public safety services to the scene of an emergency. 26
[(o)] (P) (1) “9–1–1 system” means telephone service that: 27
(i) meets the planning guidelines established under this subtitle; 28
and 29
(ii) automatically connects an individual dialing the digits 9–1–1 to 30
an established public safety answering point. 31
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(2) “9–1–1 system” includes: 1
(i) equipment for connecting and outswitching 9–1–1 calls within a 2
telephone central office; 3
(ii) trunking facilities from a telephone central office to a public 4
safety answering point; and 5
(iii) equipment to connect 9–1–1 calls to the appropriate public safety 6
agency. 7
[(p)] (Q) “9–1–1 Trust Fund” means the fund established under § 1–308 of this 8
subtitle. 9
[(q)] (R) “Prepaid wireless E 9–1–1 fee” means the fee that is required to be 10
collected by a seller from a consumer in the amount established under § 1–313 of this 11
subtitle. 12
[(r)] (S) “Prepaid wireless telecommunications service” means a commercial 13
mobile radio service that: 14
(1) allows a consumer to dial 9–1–1 to access the 9–1–1 system; 15
(2) must be paid for in advance; and 16
(3) is sold in predetermined units that decline with use in a known amount. 17
[(s)] (T) “Public safety agency” means: 18
(1) a functional division of a public agency that provides fire fighting, 19
police, medical, or other emergency services; or 20
(2) a private entity that provides fire fighting, police, medical, or other 21
emergency services on a voluntary basis. 22
[(t)] (U) “Public safety answering point” means a communications facility that: 23
(1) is operated on a 24–hour basis; 24
(2) first receives 9–1–1 requests for emergency services in a 9–1–1 service 25
area; and 26
(3) as appropriate: 27
(i) dispatches public safety services directly; 28
6 SENATE BILL 633
(ii) transmits incident data to appropriate public safety agencies 1
within the State for the dispatch of public safety services; or 2
(iii) transfers 9–1–1 requests for emergency services or transmits 3
incident data to: 4
1. an appropriate federal emergency communication center 5
responsible for the delivery of public safety services on a federal campus or federal 6
reservation; or 7
2. an appropriate public safety answering point located 8
within or outside the State. 9
[(u)] (V) “Secretary” means the Secretary of Emergency Management. 10
[(v)] (W) “Seller” means a person that sells prepaid wireless telecommunications 11
service to another person. 12
[(w)] (X) “State 9–1–1 fee” means the fee imposed in accordance with § 1–310 of 13
this subtitle. 14
[(x)] (Y) “Wireless enhanced 9–1–1 service” means enhanced 9–1–1 service 15
under an FCC order. 16
1–302.1. 17
(a) The General Assembly finds that 9–1–1 specialists are key members of the 18
team of public safety personnel responding to requests from the public for emergency 19
assistance. 20
(b) [It is the intent of the General Assembly that jurisdictions] EACH 21
JURISDICTION employing 9–1–1 specialists SHALL: 22
(1) appropriately classify 9–1–1 specialists AS FIRST RESPONDERS in 23
recognition of the training, knowledge, and skills that 9–1–1 specialists possess and 24
demonstrate in answering and handling requests for emergency assistance; and 25
(2) compensate 9–1–1 specialists in a manner that: 26
(i) reflects their membership in the team of public safety personnel 27
answering and responding to requests for emergency assistance; [and] 28
(ii) is commensurate with the training, knowledge, and skills they 29
possess; AND 30
SENATE BILL 633 7
(III) EXCEEDS THE MINIMUM WAGE RATE REQUIRED I N § 3–413 1
OF THE LABOR AND EMPLOYMENT ARTICLE. 2
1–304.2. 3
(A) Each public safety answering point shall adopt and implement programs 4
compliant with best practices on 9–1–1 acute/traumatic and chronic stress management. 5
(B) (1) A 9–1–1 SPECIALIST MAY, AS PART OF OCCUPATIO NAL 6
WELL–BEING STANDARDS AND PRACTICES, SEEK TREAT MENT FOR JOB–RELATED 7
AUDIBLE OR VISUAL TR AUMA WITHOUT INFORMING AN YONE. 8
(2) EXCEPT AS OTHERWISE P ROVIDED UNDER TITLE 9, SUBTITLE 1 9
OF THE COURTS ARTICLE, COMMUNICATIONS BETWEEN A 9–1–1 SPECIALIST AND A 10
TREATMENT PROVIDER THAT OCCUR IN CONNEC TION WITH THE TREATMENT OF 11
JOB–RELATED AUDIBLE OR V ISUAL TRAUMA SHALL BE CONFIDENTIA L. 12
1–305. 13
(c) (1) The term of a member is 4 years and begins on July 1. 14
(2) The terms of the members are staggered as required by the terms 15
provided for members of the Board on October 1, 2003. 16
(3) At the end of a term, a member continues to serve until a successor is 17
appointed and qualifies. 18
(4) (I) If a vacancy occurs after a term has begun, the Governor shall 19
appoint a successor to represent the organization or group in which the vacancy occurs. 20
(II) THE BOARD, IN CONSULTATION WITH THE MARYLAND 21
DEPARTMENT OF EMERGENCY MANAGEMENT , SHALL DEVELOP AND ESTABLIS H 22
PROCEDURES FOR : 23
1. FILLING A VACANCY AS SOON AS PRACTICABLE AFTER 24
THE VACANCY OCCURS ; AND 25
2. ENSURING CANDIDATES FOR FILLI NG A VACANCY 26
HAVE APPROPRIATE EXP ERTISE AND A COMMITMENT TO IMPROV ING 9–1–1 27
SERVICES IN THE STATE. 28
(5) A member who is appointed after a term has begun serves only for the 29
rest of the term and until a successor is appointed and qualifies. 30
[(d) The Governor shall appoint a chairperson from among the Board members.] 31 8 SENATE BILL 633
(D) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT A CHAIR AND 1
VICE CHAIR. 2
1–306. 3
(b) The Board’s responsibilities include: 4
(15) establishing training standards for public safety answering point 5
personnel based on national best practices, including training concerning: 6
(I) Next Generation 9–1–1 topics; [and] 7
(II) individual psychological well–being and resilience; AND 8
(III) IMPLICIT BIAS TRAI NING; 9
(e) (1) (I) The standards established by the Board under subsection (b)(15) 10
of this section shall include onboarding standards for newly hired 9–1–1 specialists and 11
minimum continuing education standards for 9–1–1 specialists. 12
(II) THE BOARD SHALL DEVELOP CRITERIA AND APPROVE THE 13
INITIAL AND ONGOING TRAINING CURRICULUM FOR THE TRAINING REQ UIRED 14
UNDER SUBSECTION (B)(15) OF THIS SECTION. 15
(2) (i) At least once each year, the Board shall provide for an audit of 16
each public safety answering point in order to ensure that 9–1–1 specialists and other 17
personnel employed by the public safety answering point have satisfied the training 18
requirements established in accordance with subsection (b)(15) of this section. 19
(ii) The audit described under subparagraph (i) of this paragraph 20
may be conducted concurrently with an inspection of the public safety answering point in 21
accordance with subsection (b)(10) of this section. 22
(III) 1. IF THE BOARD DETERMINES THAT THE PERSONNEL 23
EMPLOYED BY A PUBLIC SAFETY ANSW ERING POINT HAVE NOT SATISFIED THE 24
TRAINING REQUIREMENT S ESTABLISHED IN ACC ORDANCE WITH SUBSECT ION 25
(B)(15) OF THIS SECTION , THE BOARD AND PUBLIC SAFE TY ANSWERING POINT 26
SHALL JOINTLY DEVELO P A REMEDIATION PLAN AND IMP LEMENTATION TIMELINE . 27
2. THE BOARD MAY IMPOSE SANC TIONS ON A PUBLIC 28
SAFETY ANSWERING POI NT IF THE PUBLIC SAFETY ANSWER ING POINT FAILS TO 29
COMPLY WITH A REMEDI ATION PLAN OR IMPLEM ENTATION TIMELINE DE VELOPED 30
UNDER THIS SUBPARAGR APH. 31
SENATE BILL 633 9
1–309.1. 1
(a) In consultation with the Maryland Cybersecurity Council established under § 2
9–2901 of the State Government Article, the Board shall establish cybersecurity standards 3
for public safety answering points based on national industry and 9–1–1 system trade 4
association best practices, including standards concerning response protocols in the event 5
of a cybersecurity attack on a public safety answering point. 6
(b) At least once each year on a date determined by the Board and in advance of 7
submitting a request for or receiving any money from the 9–1–1 Trust Fund, the director 8
of each public safety answering point shall examine the cybersecurity of the public safety 9
answering point to determine whether the cybersecurity defenses employed by the public 10
safety answering point satisfy the standards established by the Board under subsection (a) 11
of this section and submit to the Board a report detailing the results of that exercise. 12
(c) (1) If a director of a public safety answering point fails to submit a report 13
required under subsection (b) of this section, the Board may not authorize any money from 14
the 9–1–1 Trust Fund to be paid to a county serviced by the public safety answering point 15
until that report has been submitted. 16
(2) (I) IF A PUBLIC SAFETY AN SWERING POINT FAILS TO MEET THE 17
CYBERSECURITY STANDARDS ESTABLISHED BY THIS SECTION DURING THE ANNUAL 18
EXAMINATION REQUIRED UNDER SUBSECTION (B) OF THIS SECTION , THE BOARD 19
SHALL WORK WITH THE PUBLIC SAFETY ANSWER ING POINT TO DEVELOP AN 20
AGGRESSIVE, CONSENSUS REMEDIATIO N PLAN AND IMPLEMENTATION TIMEL INE. 21
(II) IF A PUBLIC SAFETY AN SWERING POINT FAILS TO COMPLY 22
WITH A REMEDIATION P LAN DEVELOPED UNDER THIS PARAGRAPH , THE BOARD MAY 23
REFUSE TO AUTHORIZE MONEY FROM THE 9–1–1 TRUST FUND TO BE PAID TO A 24
COUNTY SERVICED BY T HE PUBLIC SAF ETY ANSWERING POINT FOR ANY NEW , 25
NONCYBERSECURITY PUR POSE. 26
1–310. 27
(f) (1) The Comptroller, in consultation with the Board, shall adopt 28
procedures for auditing surcharge collection and remittance by telephone companies and 29
CMRS providers of 9–1–1 fees collected under this section and under § 1–311 of this 30
subtitle. 31
(2) The procedures adopted under paragraph (1) of this subsection shall be 32
consistent with the audit and appeal procedures established for the sales and use tax under 33
Titles 11 and 13 of the Tax – General Article. 34
(3) The Comptroller may issue an administrative subpoena to compel 35
compliance with an audit conducted under this subsection. 36
10 SENATE BILL 633
(4) The Comptroller shall develop and distribute informational materials 1
to telephone companies and CMRS providers regarding: 2
(i) proper collection and remittance of 9–1–1 fees; and 3
(ii) the audit procedures adopted under paragraph (1) of this 4
subsection. 5
(5) On request of a telephone company or CMRS provider, and except as 6
otherwise required by law, the information that the telephone company or CMRS provider 7
reports to the Comptroller shall be confidential, privileged, and proprietary and may not be 8
disclosed to any person other than the telephone company or CMRS provider. 9
(6) The Comptroller is entitled to an amount equal to 0.5% of the 9–1–1 10
fees collected under this section to cover the expenses of conducting audits under this 11
subsection. 12
(7) On or before December 1 each year, the Comptroller shall submit an 13
annual report to the Board detailing the audits conducted during the immediately 14
preceding year and the outcome of each audit. 15
(8) (I) BETWEEN DECEMBER 31, 2022, AND JANUARY 1, 2025, IN 16
ADDITION TO THE ANNU AL REPORT REQUIRED B Y PARAGRAPH (7) OF THIS 17
SUBSECTION, THE COMPTROLLER SHALL : 18
1. SUBMIT TO THE BOARD QUARTERLY UPDAT ES 19
DETAILING THE AUDITS CONDUCTED IN THE IMMEDIATELY P RECEDING QUARTER ; 20
AND 21
2. IMMEDIATELY NOTIFY THE BOARD OF ANY 22
DEFICIENCIES DETECTE D BY AN AUDIT. 23
(II) BEGINNING JANUARY 1, 2025, ON REQUEST OF THE BOARD, 24
THE COMPTROLLER SHALL PRO VIDE QUARTER LY UPDATES DETAILING TH E AUDITS 25
CONDUCTED SINCE THE L AST UPDATE WAS PROVI DED. 26
(9) The Comptroller may adopt regulations necessary to carry out the 27
requirements of this subsection. 28
1–311. 29
(a) This section does not apply to prepaid wireless telecommunications service. 30
(b) In addition to the State 9–1–1 fee, the governing body of each county, by 31
ordinance or resolution enacted or adopted after a public hearing, may impose a county 32 SENATE BILL 633 11
9–1–1 fee to be added to all current bills rendered for switched local exchange access service 1
or CMRS or other 9–1–1–accessible service in the county. 2
(c) (1) Except as provided in paragraph (2) of this subsection and subject to 3
paragraphs (3) through (6) of this subsection, the county 9–1–1 fee imposed by a county 4
may not exceed 75 cents per month for each switched local exchange access service, CMRS, 5
or other 9–1–1–accessible service provided. 6
(2) If revenues attributable to the county 9–1–1 fee for a fiscal year do not 7
provide the revenues necessary to cover a county’s operational costs for the 9–1–1 system 8
for that fiscal year, the county may, for the following fiscal year, impose a county 9–1–1 fee 9
[not exceeding $1.50 per month] SUFFICIENT TO COVER THE COUNTY ’S PROJECTED 10
OPERATIONAL COSTS FO R THE 9–1–1 SYSTEM FOR THE FISCAL YEAR for each switched 11
local exchange access service, CMRS, or other 9–1–1–accessible service provided. 12
(3) Except as provided in paragraphs (4) through (6) of this subsection, if a 13
service provider provisions to the same individual or person the voice channel capacity to 14
make more than one simultaneous outbound call from a 9–1–1–accessible service, each 15
separate outbound call voice channel capacity, regardless of the technology, shall constitute 16
a separate 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due 17
under paragraphs (1) and (2) of this subsection. 18
(4) CMRS provided to multiple devices that share a mobile telephone 19
number shall be treated as a single 9–1–1–accessible service for purposes of calculating the 20
county 9–1–1 fees due under paragraphs (1) and (2) of this subsection. 21
(5) A broadband connection not used for telephone service may not 22
constitute a separate voice channel capacity for purposes of calculating the county 9–1–1 23
fees due under paragraphs (1) and (2) of this subsection. 24
(6) (i) For a telephone service that provides, to multiple locations, 25
shared simultaneous outbound voice channel capacity configured to provide local dial in 26
different states or counties, the voice channel capacity to which the 9–1–1 fee due under 27
paragraphs (1) and (2) of this subsection applies is only the portion of the shared voice 28
channel capacity in the county identified by the service supplier’s books and records. 29
(ii) In determining the portion of shared capacity in the county, a 30
service supplier may rely on, among other factors, a customer’s certification of the 31
customer’s allocation of capacity in the county, which may be based on: 32
1. each end user location; 33
2. the total number of end users; and 34
3. the number of end users at each end user location. 35
12 SENATE BILL 633
(7) The amount of the county 9–1–1 fees may not exceed a level necessary 1
to cover the total eligible maintenance and operation costs of the county. 2
(d) The county 9–1–1 fee continues in effect until repealed or modified by a 3
subsequent county ordinance or resolution. 4
(e) After imposing, repealing, or modifying a county 9–1–1 fee, the county shall 5
certify the amount of the county 9–1–1 fee to: 6
(1) the Public Service Commission; 7
(2) THE BOARD; AND 8
(3) NO LATER THAN 60 DAYS BEFORE THE IMPL EMENTATION OF THE 9
CHANGE, THE COMPTROLLER . 10
(f) The Public Service Commission shall direct each telephone company that 11
provides service in a county that imposed a county 9–1–1 fee to add, within 60 days, the 12
full amount of the county 9–1–1 fee to all current bills rendered for switched local exchange 13
access service in the county. 14
(g) Within 60 days after a county enacts or adopts an ordinance or resolution that 15
imposes, repeals, or modifies a county 9–1–1 fee, each 9–1–1 service carrier that provides 16
service in the county shall add the full amount of the county 9–1–1 fee to all current bills 17
rendered for CMRS or other 9–1–1–accessible service in the county. 18
(h) (1) Each telephone company and each 9–1–1 service carrier shall: 19
(i) act as a collection agent for the 9–1–1 Trust Fund with respect 20
to the county 9–1–1 fee imposed by each county; 21
(ii) collect the money from the county 9–1–1 fee on a county basis; 22
and 23
(iii) remit all money collected to the Comptroller on a monthly basis. 24
(2) The Comptroller shall deposit the money remitted in the 9–1–1 Trust 25
Fund account maintained for the county that imposed the county 9–1–1 fee. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2022. 28