EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0711*
HOUSE BILL 711
C2, E4 3lr2723
HB 1286/22 – HGO
By: Delegate Hornberger
Introduced and read first time: February 7, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Social Networks – Public Service Announcements and 9 –1–1 Trust Fund 2
– Requirements 3
FOR the purpose of requiring certain social networks to dedicate a certain percentage of 4
advertisements on their platforms to certain public service announcements; 5
requiring certain social networks to pay a certain 9–1–1 social network fee; requiring 6
the Comptroller to perform certain duties relating to the collection of the 9–1–1 social 7
network fee; and generally relating to social networks and 9–1–1 emergency 8
telephone systems. 9
BY adding to 10
Article – Business Regulation 11
Section 19–107 12
Annotated Code of Maryland 13
(2015 Replacement Volume and 2022 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Public Safety 16
Section 1–301(a) 17
Annotated Code of Maryland 18
(2022 Replacement Volume) 19
BY adding to 20
Article – Public Safety 21
Section 1–301(w–1) and 1–313.1 22
Annotated Code of Maryland 23
(2022 Replacement Volume) 24
BY repealing and reenacting, with amendments, 25
Article – Public Safety 26
Section 1–308(c) 27 2 HOUSE BILL 711
Annotated Code of Maryland 1
(2022 Replacement Volume) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Business Regulation 5
19–107. 6
(A) IN THIS SECTION , “SOCIAL NETWORK ” MEANS A PUBLIC –FACING 7
WEBSITE OR DIGITAL A PPLICATION THAT IS P RIMARILY ENGAGED IN THE BUSINESS 8
OF ENABLING PEER –TO–PEER COMMUNICATION B Y DIRECT MESSAGING B ETWEEN 9
TWO VISITORS OR USER S. 10
(B) 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 DEDICATE AT LEA ST 2% OF 13
ALL ADVERTISEMENTS O N ITS PLATFORM TO PU BLIC SERVICE ANNOUNC EMENTS 14
WITH CONTENT RELE VANT TO RESIDENTS OF THE STATE. 15
(C) FOR PURPOSES OF DETER MINING UNIQUE MONTHL Y STATE VISITORS 16
UNDER THIS SECTION , A VISITOR OR USER WH O ACCESSES MORE THAN ONE WEBSITE 17
OR DIGITAL APPLICATI ON WITH A SINGLE ACC OUNT SHALL BE CONSID ERED ONE 18
UNIQUE VISITOR WIT H RESPECT TO THE GRO UP OF WEBSITES OR DI GITAL 19
APPLICATIONS IF EACH OF THE WEBSITES OR D IGITAL APPLICATIONS : 20
(1) IS OWNED BY THE SAME EN TITY; AND 21
(2) SHARES THE SAME ACCOUNT INF ORMATION OF THE VISI TOR OR 22
USER BETWEEN THE GRO UP OF WEBSITES OR DI GITAL APPLICATIONS. 23
Article – Public Safety 24
1–301. 25
(a) In this subtitle the following words have the meanings indicated. 26
(W–1) “SOCIAL NETWORK ” MEANS A PUBLIC –FACING WEBSITE OR DI GITAL 27
APPLICATION THAT IS PRIMARILY ENGAGED IN THE BUSINESS OF ENAB LING 28
PEER–TO–PEER COMMUNICATION B Y DIRECT MESSAGING B ETWEEN TWO VISITORS 29
OR USERS. 30
1–308. 31
HOUSE BILL 711 3
(c) The 9–1–1 Trust Fund consists of: 1
(1) money from the 9–1–1 fee collected and remitted to the Comptroller 2
under § 1–310 of this subtitle; 3
(2) money from the additional charge collected and remitted to the 4
Comptroller under § 1–311 of this subtitle; 5
(3) money from the prepaid wireless E 9–1–1 fee collected and remitted to 6
the Comptroller under § 1–313 of this subtitle; [and] 7
(4) MONEY FROM THE 9–1–1 FEE COLLECTED BY THE COMPTROLLER 8
UNDER § 1–313.1 OF THIS SUBTITLE; AND 9
(5) investment earnings of the 9–1–1 Trust Fund. 10
1–313.1. 11
(A) IF A SOCIAL NETWORK H AS 500,000 OR MORE UNIQUE MONTH LY STATE 12
VISITORS OR USERS FO R A MAJORITY OF MONT HS DURING THE IMMEDI ATELY 13
PRECEDING 12 MONTHS, THE SOCIAL NETWORK S HALL PAY A 9–1–1 SOCIAL 14
NETWORK FEE . 15
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE AMOUNT 16
OF THE 9–1–1 FEE UNDER THIS SECTI ON SHALL BE $1.25 FOR EACH UNIQUE 17
MONTHLY STATE VISITOR OR USER , PAYABLE ON THE LAST DAY OF EA CH MONTH. 18
(2) THE FEE DUE SHALL BE BASED ON THE TOTAL N UMBER OF 19
UNIQUE MONTHLY STATE VISITORS FOR TH E PRIOR MONTH . 20
(C) FOR PURPOSES OF DETER MINING UNIQUE MONTHL Y STATE VISITORS 21
UNDER THIS SECTION , A VISITOR OR USER WH O ACCESSES MOR E THAN ONE WEBSITE 22
OR DIGITAL APPLICATI ON WITH A SINGLE ACC OUNT SHALL BE CONSID ERED ONE 23
UNIQUE VISITOR WITH RESPECT TO THE GROUP OF WEBSITES OR DIGIT AL 24
APPLICATIONS IF EACH OF THE WEBSITES OR D IGITAL APPLICATIONS : 25
(1) IS OWNED BY THE SAME EN TITY; AND 26
(2) SHARES THE SAME ACCOUNT INF ORMATION OF THE VISI TOR OR 27
USER BETWEEN THE GRO UP OF WEBSITES OR DI GITAL APPLICATIONS . 28
(D) THE COMPTROLLER : 29
(1) SHALL ACT AS A COLLE CTION AGENT FOR THE 9–1–1 SOCIAL 30 4 HOUSE BILL 711
NETWORK FEE UNDER TH IS SECTION; 1
(2) SHALL DEPOSIT THE MONEY COLLECTED IN THE 9–1–1 TRUST 2
FUND; 3
(3) SHALL KEEP RECORDS O F 9–1–1 SOCIAL NETWORK FEES 4
COLLECTED AND DEPOSI TED FOR AT LEAST 4 YEARS AFTER THE FEE IS COLLECTED; 5
(4) MAY RETAIN AN AMOUNT EQUAL TO 0.50% OF THE 9–1–1 SOCIAL 6
NETWORK FEE TO COVER THE EXPENSES OF BILL ING, COLLECTING, AND KEEPING 7
RECORDS; 8
(5) SHALL DEVELOP AND DI STRIBUTE INFORMATION AL MATERIALS 9
TO SOCIAL NETWORKS R EGARDING PROPER PAYM ENT OF THE FEE REQUI RED 10
UNDER THIS SECTION ; AND 11
(6) SHALL ADOPT REGULATI ONS TO CARRY OUT THI S SECTION. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2023. 14