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. Italics indicate opposite chamber/conference committee amendments. *sb0633* SENATE BILL 633 E4 (2lr0953) ENROLLED BILL — Finance/Health and Government Operations — Introduced by Senators Kagan and Reilly Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at __ ______________________ o’clock, ________M. ______________________________________________ President. 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 2 SENATE BILL 633 Section 1–301, 1–302.1, 1–304.2, 1–305(c), 1–306(b)(15) and (e), 1–307, 1–309.1, 1 1–310(f), and 1–311 2 Annotated Code of Maryland 3 (2018 Replacement Volume and 2021 Supplement) 4 BY repealing 5 Article – Public Safety 6 Section 1–305(d) 7 Annotated Code of Maryland 8 (2018 Replacement Volume and 2021 Supplement) 9 BY adding to 10 Article – Public Safety 11 Section 1–305(d) 12 Annotated Code of Maryland 13 (2018 Replacement Volume and 2021 Supplement) 14 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 That the Laws of Maryland read as follows: 16 Article – Public Safety 17 1–301. 18 (a) In this subtitle the following words have the meanings indicated. 19 (b) “Board” means the Maryland 9–1–1 Board. 20 (c) “Commercial mobile radio service” or “CMRS” means mobile 21 telecommunications service that is: 22 (1) provided for profit with the intent of receiving compensation or 23 monetary gain; 24 (2) an interconnected, two–way voice service; and 25 (3) available to the public. 26 (d) “Commercial mobile radio service provider” or “CMRS provider” means a 27 person authorized by the Federal Communications Commission to provide CMRS in the 28 State. 29 (e) “County 9–1–1 fee” means the fee imposed by a county in accordance with § 30 1–311 of this subtitle. 31 SENATE BILL 633 3 (f) “County plan” means a plan for a 9–1–1 system or enhanced 9–1–1 system, or 1 an amendment to the plan, developed by a county or several counties together under this 2 subtitle. 3 (g) (1) “Customer” means: 4 (i) the person that contracts with a home service provider for CMRS; 5 or 6 (ii) the end user of the CMRS if the end user of the CMRS is not the 7 contracting party. 8 (2) “Customer” does not include: 9 (i) a reseller of CMRS; or 10 (ii) a serving carrier under an arrangement to serve the customer 11 outside the home service provider’s licensed service area. 12 (h) “Enhanced 9–1–1 system” means a 9–1–1 system that provides: 13 (1) automatic number identification; 14 (2) automatic location identification; and 15 (3) any other technological advancements that the Board requires. 16 (i) “FCC order” means an order issued by the Federal Communications 17 Commission under proceedings regarding the compatibility of enhanced 9–1–1 systems and 18 delivery of wireless enhanced 9–1–1 service. 19 (j) (1) “FIRST RESPONDER ” MEANS AN EMPLOYEE OF A STATE OR LOCAL 20 PUBLIC SAFETY AGENCY THAT PROVIDES EMERGE NCY RESPONSE SERVICE S. 21 (2) “FIRST RESPONDER ” INCLUDES: 22 (I) A FIREFIGHTER; 23 (II) A PARAMEDIC; 24 (III) AN EMERGENCY MEDICAL TECHNICIAN; 25 (IV) A RESCUE SQUAD MEMBE R; 26 (V) A SWORN MEMBER OF TH E OFFICE OF THE STATE FIRE 27 MARSHAL; 28 4 SENATE BILL 633 (VI) A MEMBER OF A VOLUNT EER FIRE OR RESCUE C OMPANY 1 WHO IS A COVERED EMP LOYEE UNDER § 9–234 OF THE LABOR AND EMPLOYMENT 2 ARTICLE; 3 (VII) AN INDIVIDUAL WHO IS LICENSED OR CERTIFIE D UNDER § 4 13–516 OF THE EDUCATION ARTICLE; AND 5 (VIII) A 9–1–1 SPECIALIST. 6 (K) “Home service provider” means the facilities–based carrier or reseller that 7 contracts with a customer to provide CMRS. 8 [(k)] (L) “Next Generation 9–1–1 services” means an Internet Protocol 9 (IP)–based system, comprised of hardware, software, data, and operational policies and 10 procedures, that: 11 (1) provides standardized interfaces from emergency call and message 12 services to support emergency communications; 13 (2) processes all types of requests for emergency services, including voice, 14 text, data, and multimedia information; 15 (3) acquires and integrates additional emergency call data useful to 16 routing and handling of requests for emergency services; 17 (4) delivers the emergency calls, messages, and data to the appropriate 18 public safety answering point and other appropriate emergency entities; 19 (5) supports data or video communications needs for coordinated incident 20 response and management; and 21 (6) provides broadband service to public safety answering points or other 22 first responder entities. 23 [(l)] (M) “9–1–1–accessible service” means telephone service or another 24 communications service that connects an individual dialing the digits 9–1–1 to an 25 established public safety answering point. 26 [(m)] (N) (1) “9–1–1 service carrier” means a provider of CMRS or other 27 9–1–1–accessible service. 28 (2) “9–1–1 service carrier” does not include a telephone company. 29 SENATE BILL 633 5 [(n)] (O) “9–1–1 specialist” means an employee of a county public safety 1 answering point, or an employee working in a county public safety answering point, whose 2 duties and responsibilities include: 3 (1) receiving and processing 9–1–1 requests for emergency services; 4 (2) other support functions directly related to 9–1–1 requests for 5 emergency services; or 6 (3) dispatching law enforcement officers, fire rescue services, emergency 7 medical services, and other public safety services to the scene of an emergency. 8 [(o)] (P) (1) “9–1–1 system” means telephone service that: 9 (i) meets the planning guidelines established under this subtitle; 10 and 11 (ii) automatically connects an individual dialing the digits 9–1–1 to 12 an established public safety answering point. 13 (2) “9–1–1 system” includes: 14 (i) equipment for connecting and outswitching 9–1–1 calls within a 15 telephone central office; 16 (ii) trunking facilities from a telephone central office to a public 17 safety answering point; and 18 (iii) equipment to connect 9–1–1 calls to the appropriate public safety 19 agency. 20 [(p)] (Q) “9–1–1 Trust Fund” means the fund established under § 1–308 of this 21 subtitle. 22 [(q)] (R) “Prepaid wireless E 9–1–1 fee” means the fee that is required to be 23 collected by a seller from a consumer in the amount established under § 1–313 of this 24 subtitle. 25 [(r)] (S) “Prepaid wireless telecommunications service” means a commercial 26 mobile radio service that: 27 (1) allows a consumer to dial 9–1–1 to access the 9–1–1 system; 28 (2) must be paid for in advance; and 29 (3) is sold in predetermined units that decline with use in a known amount. 30 6 SENATE BILL 633 [(s)] (T) “Public safety agency” means: 1 (1) a functional division of a public agency that provides fire fighting, 2 police, medical, or other emergency services; or 3 (2) a private entity that provides fire fighting, police, medical, or other 4 emergency services on a voluntary basis. 5 [(t)] (U) “Public safety answering point” means a communications facility that: 6 (1) is operated on a 24–hour basis; 7 (2) first receives 9–1–1 requests for emergency services in a 9–1–1 service 8 area; and 9 (3) as appropriate: 10 (i) dispatches public safety services directly; 11 (ii) transmits incident data to appropriate public safety agencies 12 within the State for the dispatch of public safety services; or 13 (iii) transfers 9–1–1 requests for emergency services or transmits 14 incident data to: 15 1. an appropriate federal emergency communication center 16 responsible for the delivery of public safety services on a federal campus or federal 17 reservation; or 18 2. an appropriate public safety answering point located 19 within or outside the State. 20 [(u)] (V) “Secretary” means the Secretary of Emergency Management. 21 [(v)] (W) “Seller” means a person that sells prepaid wireless telecommunications 22 service to another person. 23 [(w)] (X) “State 9–1–1 fee” means the fee imposed in accordance with § 1–310 of 24 this subtitle. 25 [(x)] (Y) “Wireless enhanced 9–1–1 service” means enhanced 9–1–1 service 26 under an FCC order. 27 1–302.1. 28 SENATE BILL 633 7 (a) The General Assembly finds that 9–1–1 specialists are key members of the 1 team of public safety personnel responding to requests from the public for emergency 2 assistance. 3 (b) [It is the intent of the General Assembly that jurisdictions] EACH 4 JURISDICTION employing 9–1–1 specialists SHALL: 5 (1) appropriately classify 9–1–1 specialists AS FIRST RESPONDERS in 6 recognition of the training, knowledge, and skills that 9–1–1 specialists possess and 7 demonstrate in answering and handling requests for emergency assistance; and 8 (2) compensate 9–1–1 specialists in a manner that: 9 (i) reflects their membership in the team of public safety personnel 10 answering and responding to requests for emergency assistance; [and] 11 (ii) is commensurate with the training, knowledge, and skills they 12 possess; AND. 13 (III) EXCEEDS THE MINIMUM WAGE RATE REQUIRED I N § 3–413 14 OF THE LABOR AND EMPLOYMENT ARTICLE. 15 1–304.2. 16 (A) Each public safety answering point shall adopt and implement programs 17 compliant with best practices on 9–1–1 acute/traumatic and chronic stress management. 18 (B) (1) A 9–1–1 SPECIALIST MAY , AS PART OF OCCUPATIO NAL 19 WELL–BEING STANDARDS AND PRACTICES, SEEK TREATMENT FOR J OB–RELATED 20 AUDIBLE OR VISUAL TRAUM A WITHOUT INFORMING ANYONE. 21 (2) EXCEPT AS OTHERWISE P ROVIDED UNDER TITLE 9, SUBTITLE 1 22 OF THE COURTS ARTICLE, COMMUNICATIONS BETWE EN A 9–1–1 SPECIALIST AND A 23 TREATMENT PROVIDER T HAT OCCUR IN CONNECT ION WITH THE TREATME NT OF 24 JOB–RELATED AUDIBLE OR VISUA L TRAUMA SHALL BE CO NFIDENTIAL. 25 1–305. 26 (c) (1) The term of a member is 4 years and begins on July 1. 27 (2) The terms of the members are staggered as required by the terms 28 provided for members of the Board on October 1, 2003. 29 (3) At the end of a term, a member continues to serve until a successor is 30 appointed and qualifies. 31 8 SENATE BILL 633 (4) (I) If a vacancy occurs after a term has begun, the Governor shall 1 appoint a successor to represent the organization or group in which the vacancy occurs. 2 (II) THE BOARD, IN CONSULTATION WITH THE MARYLAND 3 DEPARTMENT OF EMERGENCY MANAGEMENT , SHALL DEVELOP AND ES TABLISH 4 PROCEDURES FOR : 5 1. FILLING A VACANCY AS SOON AS PRACTICABLE AFTER 6 THE VACANCY OCCURS ; AND 7 2. ENSURING CANDIDATES FOR FILLING A VACANCY 8 HAVE APPROPRIATE EXP ERTISE AND A COMMITM ENT TO IMPROVING 9–1–1 9 SERVICES IN THE STATE. 10 (5) A member who is appointed after a term has begun serves only for the 11 rest of the term and until a successor is appointed and qualifies. 12 [(d) The Governor shall appoint a chairperson from among the Board members.] 13 (D) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT A C HAIR AND 14 VICE CHAIR. 15 1–306. 16 (b) The Board’s responsibilities include: 17 (15) establishing training standards for public safety answering point 18 personnel based on national best practices, including training concerning: 19 (I) Next Generation 9–1–1 topics; [and] 20 (II) individual psychological well–being and resilience; AND 21 (III) SUBJECT TO SUBSECTIO N (E)(2) OF THIS SECTION, IMPLICIT 22 BIAS TRAINING; 23 (e) (1) (I) The standards established by the Board under subsection (b)(15) 24 of this section shall include onboarding standards for newly hired 9–1–1 specialists and 25 minimum continuing education standards for 9–1–1 specialists. 26 (II) THE BOARD SHALL DEVELOP C RITERIA AND APPROVE THE 27 INITIAL AND ONGOING TRAINING CURRICULUM FOR THE TRAINING REQ UIRED 28 UNDER SUBSECTION (B)(15) OF THIS SECTION. 29 SENATE BILL 633 9 (2) PUBLIC SAFETY ANSWERI NG POINT PERSONNEL S HALL BE 1 PROVIDED THE IMPLICI T BIAS TRAINING REQUIRED UNDER SUBSE CTION (B)(15)(III) 2 OF THIS SECTION: 3 (I) ON OR BEFORE OCTOBER 1, 2024, FOR PERSONNEL HIRED 4 BY THE PUBLIC SAFETY ANSWERING POINT ON O R BEFORE OCTOBER 1, 2022; 5 (II) AT THE TIME OF HIRE FOR PERSONNEL HIRED BY THE 6 PUBLIC SAFETY ANSWE RING POINT AFTER OCTOBER 1, 2022; AND 7 (III) ON A RECURRING BASIS WITH UPDATES AS DETE RMINED BY 8 THE BOARD, BUT AT LEAST ONCE EV ERY 4 YEARS. 9 (3) (i) At least once each year, the Board shall provide for an audit of 10 each public safety answering point in order to ensure that 9–1–1 specialists and other 11 personnel employed by the public safety answering point have satisfied the training 12 requirements established in accordance with subsection (b)(15) of this section. 13 (ii) The audit described under subparagraph (i) of this paragraph 14 may be conducted concurrently with an inspection of the public safety answering point in 15 accordance with subsection (b)(10) of this section. 16 (III) 1. IF THE BOARD DETERMINES THAT THE PERSONNEL 17 EMPLOYED BY A PUBLIC SAFETY ANS WERING POINT HAVE NO T SATISFIED THE 18 TRAINING REQUIREMENT S ESTABLISHED IN ACC ORDANCE WITH SUBSECT ION 19 (B)(15) OF THIS SECTION , THE BOARD AND PUBLIC SAFE TY ANSWERING POINT 20 SHALL JOINTLY DEVELO P A REMEDIATION PLAN AND IMPLEMENTATION T IMELINE. 21 2. THE BOARD MAY IMPOSE SANCTIO NS ON A PUBLIC 22 SAFETY ANSWERING POI NT IF THE PUBLIC SAF ETY ANSWERING POINT FAILS TO 23 COMPLY WITH A REMEDI ATION PLAN OR IMPLEM ENTATION TIMELINE DE VELOPED 24 UNDER THIS SUBPARAGR APH. 25 1–307. 26 (a) The Board shall submit an annual report to the Governor, the Secretary, and, 27 subject to § 2–1257 of the State Government Article, the Legislative Policy Committee, THE 28 SENATE EDUCATION, HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE, AND 29 THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE. 30 (b) The report SUBMITTED UNDER SUBS ECTION (A) OF THIS SECTION shall 31 provide the following information: 32 (1) for each county: 33 10 SENATE BILL 633 [(1)] (I) the type of 9–1–1 system currently operating in the county; 1 [(2)] (II) the total State 9–1–1 fee and county 9–1–1 fee charged; 2 [(3)] (III) the funding formula in effect; 3 [(4)] (IV) any statutory or regulatory violation by the county and the 4 response of the Board; AND 5 [(5)] (V) any efforts to establish an enhanced 9–1–1 system in the county; 6 [and] 7 [(6)] (2) any suggested changes to this subtitle; AND 8 (3) FOR THE ANNUAL REPOR TS SUBMITTED IN 2022 THROUGH 2027: 9 (I) AN UPDATE ON THE PRO GRESS OF EACH COUNTY IN 10 TRANSITIONING TO NEX T GENERATION 9–1–1 TECHNOLOGY , INCLUDING 11 COMPLIANCE WITH CYBE RSECURITY STANDARDS AND MEETIN G GOALS OF 12 INTEROPERABILITY AND GEOGRAPHIC INFORMATI ON SYSTEM MAPPING 13 INTEGRATION; 14 (II) THE FOLLOWING PERSON NEL INFORMATION FOR EACH 15 COUNTY PUBLIC SAFETY ANSWERING POINT : 16 1. STAFFING AND VACANCY LEVELS; 17 2. A SUMMARY OF TH E COUNTY’S EFFORTS TO FIND , 18 HIRE, AND RETAIN QUALIFIED PERSONNEL; 19 3. AN UPDATE ON TRAININ G OF PUBLIC SAFETY 20 ANSWERING POINT PERS ONNEL UNDER § 1–306 OF THIS SUBTITLE; AND 21 4. INCIDENCE OF WORKERS ’ COMPENSATION CLAIMS BY 22 PUBLIC SAFETY ANSWER ING POINT PERSONNEL ; 23 (III) AN UPDATE ON AUDITS CONDUCTED BY THE COMPTROLLER 24 OF FEE COLLECTION AN D REMITTANCES , INCLUDING WHETHER FE ES COLLECTED 25 ARE SUFFICIENT TO CO VER EACH COUNTY ’S OPERATIONAL COSTS FOR TH E 9–1–1 26 SYSTEM AND ANY MEASU RES RECOMMENDED OR I MPLEMENTED TO ADDRES S COST 27 SHORTAGES; 28 SENATE BILL 633 11 (IV) ANNUAL INCIDENTS OF UNNECESSARY REQUESTS FOR 1 EMERGENCY SERVICES M ADE TO 9–1–1 FOR THE PURPOSE OF D ISPATCHING AN 2 UNNEEDED EMERGENCY R ESPONSE AND ANY RESULTING BO DILY HARM OR DEATH ; 3 (V) INCIDENCE AND INTERV AL DATA RELATING TO 9–1–1 4 OUTAGES OR THE ABSEN CE OF 9–1–1 SPECIALISTS TO RECEI VE REQUESTS FOR 5 EMERGENCY SERVICES ; AND 6 (VI) AN UPDATE ON INTEGRA TION OF THE 9–1–1 SYSTEM WITH 7 9–8–8 AND 2–1–1 AND THE IMPACT ON 9–1–1 OPERATIONS AND CAPAC ITY. 8 (C) THE DEPARTMENT SHALL SUMM ARIZE AND ANALYZE TH E INFORMATION 9 PROVIDED UNDER SUBSE CTION (B)(3) OF THIS SECTION AND , SUBJECT TO § 2–1257 10 OF THE STATE GOVERNMENT ARTICLE, SUBMIT TO THE SENATE EDUCATION, 11 HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE AND THE HOUSE HEALTH 12 AND GOVERNMENT OPERATIONS COMMITTEE: 13 (1) THE SUMMARY AND ANAL YSIS; 14 (2) ANY ASSOCIATED RECOM MENDATIONS TO ADDRES S ISSUES 15 RAISED BY THE ANALYS IS; AND 16 (3) A DESCRIPTION OF ANY MEASURES IMPLEMENTED BY THE 17 DEPARTMENT TO ADDRESS ISSUES RAISED BY THE ANALYSIS. 18 1–309.1. 19 (a) In consultation with the Maryland Cybersecurity Council established under § 20 9–2901 of the State Government Article, the Board shall establish cybersecurity standards 21 for public safety answering points based on national industry and 9–1–1 system trade 22 association best practices, including standards concerning response protocols in the event 23 of a cybersecurity attack on a public safety answering point. 24 (b) At least once each year on a date determined by the Board and in advance of 25 submitting a request for or receiving any money from the 9–1–1 Trust Fund, the director 26 of each public safety answering point shall examine the cybersecurity of the public safety 27 answering point to determine whether the cybersecurity defenses employed by the public 28 safety answering point satisfy the standards established by the Board under subsection (a) 29 of this section and submit to the Board a report detailing the results of that exercise. 30 (c) (1) If a director of a public safety answering point fails to submit a report 31 required under subsection (b) of this section, the Board may not authorize any money from 32 the 9–1–1 Trust Fund to be paid to a county serviced by the public safety answering point 33 until that report has been submitted. 34 12 SENATE BILL 633 (2) (I) IF A PUBLIC SAFETY AN SWERING POINT FAILS TO MEET THE 1 CYBERSECURITY STANDA RDS ESTABLISHED BY T HIS SECTION DURING T HE ANNUAL 2 EXAMINATION REQUIRED UNDER SUBSECTION (B) OF THIS SECTION , THE BOARD 3 SHALL WORK WITH THE PUBLIC SAFETY ANSWER ING POINT TO DEVELOP AN 4 AGGRESSIVE, CONSENSUS REMEDIATIO N PLAN AND IMPLEMENT ATION TIMELINE . 5 (II) IF A PUBLIC SAFETY AN SWERING POINT FAILS TO COMPLY 6 WITH A REMEDIATION P LAN DEVELOPED UNDER THIS PARAGRAPH , THE BOARD MAY 7 REFUSE TO AUTHORIZE MONEY FROM THE 9–1–1 TRUST FUND TO BE PAID TO A 8 COUNTY SERVICED BY T HE PUBLIC SAFETY ANS WERING POINT FOR ANY NEW, 9 NONCYBERSECURITY PUR POSE. 10 1–310. 11 (f) (1) The Comptroller, in consultation with the Board, shall adopt 12 procedures for auditing surcharge collection and remittance by telephone companies and 13 CMRS providers of 9–1–1 fees collected under this section and under § 1–311 of this 14 subtitle. 15 (2) The procedures adopted under paragraph (1) of this subsection shall be 16 consistent with the audit and appeal procedures established for the sales and use tax under 17 Titles 11 and 13 of the Tax – General Article. 18 (3) The Comptroller may issue an administrative subpoena to compel 19 compliance with an audit conducted under this subsection. 20 (4) The Comptroller shall develop and distribute informational materials 21 to telephone companies and CMRS providers regarding: 22 (i) proper collection and remittance of 9–1–1 fees; and 23 (ii) the audit procedures adopted under paragraph (1) of this 24 subsection. 25 (5) On request of a telephone company or CMRS provider, and except as 26 otherwise required by law, the information that the telephone company or CMRS provider 27 reports to the Comptroller shall be confidential, privileged, and proprietary and may not be 28 disclosed to any person other than the telephone company or CMRS provider. 29 (6) The Comptroller is entitled to an amount equal to 0.5% of the 9–1–1 30 fees collected under this section to cover the expenses of conducting audits under this 31 subsection. 32 (7) On or before December 1 each year, the Comptroller shall submit an 33 annual report to the Board detailing the audits conducted during the immediately 34 preceding year and the outcome of each audit. 35 SENATE BILL 633 13 (8) (I) BETWEEN DECEMBER 31, 2022, AND JANUARY 1, 2025, IN 1 ADDITION TO THE ANNU AL REPORT REQUIRED B Y PARAGRAPH (7) OF THIS 2 SUBSECTION, THE COMPTROLLER SHALL : 3 1. SUBMIT TO THE BOARD QUARTERLY UPDAT ES 4 DETAILING THE AUDITS CONDUCTED IN THE IMM EDIATELY PRECEDING Q UARTER; 5 AND 6 2. IMMEDIATELY NOTIFY THE BOARD OF ANY 7 DEFICIENCIES DETECTE D BY AN AUDIT. 8 (II) BEGINNING JANUARY 1, 2025, ON REQUEST OF THE BOARD, 9 THE COMPTROLLER SHALL PRO VIDE QUARTERLY UPDAT ES DETAILING THE AUD ITS 10 CONDUCTED SINCE THE LAST UPDATE WAS PROV IDED. 11 (9) The Comptroller may adopt regulations necessary to carry out the 12 requirements of this subsection. 13 1–311. 14 (a) This section does not apply to prepaid wireless telecommunications service. 15 (b) In addition to the State 9–1–1 fee, the governing body of each county, by 16 ordinance or resolution enacted or adopted after a public hearing, may impose a county 17 9–1–1 fee to be added to all current bills rendered for switched local exchange access service 18 or CMRS or other 9–1–1–accessible service in the county. 19 (c) (1) Except as provided in paragraph (2) of this subsection and subject to 20 paragraphs (3) through (6) of this subsection, the county 9–1–1 fee imposed by a county 21 may not exceed 75 cents per month for each switched local exchange access service, CMRS, 22 or other 9–1–1–accessible service provided. 23 (2) If revenues attributable to the county 9–1–1 fee for a fiscal year do not 24 provide the revenues necessary to cover a county’s operational costs for the 9–1–1 system 25 for that fiscal year, the county may, for the following fiscal year, impose a county 9–1–1 fee 26 [not exceeding $1.50 per month] SUFFICIENT TO COVER THE COUNTY ’S PROJECTED 27 OPERATIONAL COSTS FO R THE 9–1–1 SYSTEM FOR THE FISCA L YEAR for each switched 28 local exchange access service, CMRS, or other 9–1–1–accessible service provided. 29 (3) Except as provided in paragraphs (4) through (6) of this subsection, if a 30 service provider provisions to the same individual or person the voice channel capacity to 31 make more than one simultaneous outbound call from a 9–1–1–accessible service, each 32 separate outbound call voice channel capacity, regardless of the technology, shall constitute 33 a separate 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due 34 under paragraphs (1) and (2) of this subsection. 35 14 SENATE BILL 633 (4) CMRS provided to multiple devices that share a mobile telephone 1 number shall be treated as a single 9–1–1–accessible service for purposes of calculating the 2 county 9–1–1 fees due under paragraphs (1) and (2) of this subsection. 3 (5) A broadband connection not used for telephone service may not 4 constitute a separate voice channel capacity for purposes of calculating the county 9–1–1 5 fees due under paragraphs (1) and (2) of this subsection. 6 (6) (i) For a telephone service that provides, to multiple locations, 7 shared simultaneous outbound voice channel capacity configured to provide local dial in 8 different states or counties, the voice channel capacity to which the 9–1–1 fee due under 9 paragraphs (1) and (2) of this subsection applies is only the portion of the shared voice 10 channel capacity in the county identified by the service supplier’s books and records. 11 (ii) In determining the portion of shared capacity in the county, a 12 service supplier may rely on, among other factors, a customer’s certification of the 13 customer’s allocation of capacity in the county, which may be based on: 14 1. each end user location; 15 2. the total number of end users; and 16 3. the number of end users at each end user location. 17 (7) The amount of the county 9–1–1 fees may not exceed a level necessary 18 to cover the total eligible maintenance and operation costs of the county. 19 (d) The county 9–1–1 fee continues in effect until repealed or modified by a 20 subsequent county ordinance or resolution. 21 (e) After imposing, repealing, or modifying a county 9–1–1 fee, the county shall 22 certify the amount of the county 9–1–1 fee to: 23 (1) the Public Service Commission; 24 (2) THE BOARD; AND 25 (3) NO LATER THAN 60 DAYS BEFORE THE IMPL EMENTATION OF THE 26 CHANGE, THE COMPTROLLER . 27 (f) The Public Service Commission shall direct each telephone company that 28 provides service in a county that imposed a county 9–1–1 fee to add, within 60 days, the 29 full amount of the county 9–1–1 fee to all current bills rendered for switched local exchange 30 access service in the county. 31 SENATE BILL 633 15 (g) Within 60 days after a county enacts or adopts an ordinance or resolution that 1 imposes, repeals, or modifies a county 9–1–1 fee, each 9–1–1 service carrier that provides 2 service in the county shall add the full amount of the county 9–1–1 fee to all current bills 3 rendered for CMRS or other 9–1–1–accessible service in the county. 4 (h) (1) Each telephone company and each 9–1–1 service carrier shall: 5 (i) act as a collection agent for the 9–1–1 Trust Fund with respect 6 to the county 9–1–1 fee imposed by each county; 7 (ii) collect the money from the county 9–1–1 fee on a county basis; 8 and 9 (iii) remit all money collected to the Comptroller on a monthly basis. 10 (2) The Comptroller shall deposit the money remitted in the 9–1–1 Trust 11 Fund account maintained for the county that imposed the county 9–1–1 fee. 12 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13 October 1, 2022. 14 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.