MD
Maryland House Bill HB933

Maryland 2024 Regular Session

Maryland House Bill HB933 Compare Versions

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1- WES MOORE, Governor Ch. 780
21
3-– 1 –
4-Chapter 780
5-(House Bill 933)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0933*
89
9-Behavioral Health Crisis Response Services – 9–8–8 Trust Fund Fees
10+HOUSE BILL 933
11+J1, C5, C2 4lr1632
12+ CF SB 974
13+By: Delegates Feldmark, Atterbeary, Bartlett, Cullison, Fair, Guzzone, Hill,
14+Hornberger, A. Johnson, S. Johnson, Kaiser, Lehman, R. Lewis, McComas,
15+Pena–Melnyk, Simpson, Terrasa, and Ziegler Ziegler, Alston, Bagnall,
16+Bhandari, Kerr, Lopez, Martinez, Rosenberg, Taveras, White Holland, and
17+Woods
18+Introduced and read first time: February 2, 2024
19+Assigned to: Health and Government Operations
20+Committee Report: Favorable with amendments
21+House action: Adopted
22+Read second time: March 7, 2024
1023
11-FOR the purpose of establishing a 9–8–8 fee to be paid by each subscriber to switched local
12-exchange access service, commercial mobile radio service, or other 9–8–8–accessible
13-service; establishing a prepaid wireless 9–8–8 fee to be paid on certain retail
14-transactions; requiring the Comptroller to deposit the remitted 9–8–8 fees and the
15-prepaid wireless 9–8–8 fees in the 9–8–8 Trust Fund; requiring the Comptroller to
16-adopt procedures for auditing fee collection and remittance by telephone companies
17-and commercial mobile radio service providers; and generally related to the 9–8–8
18-Trust Fund.
24+CHAPTER ______
1925
20-BY repealing and reenacting, with amendments,
21- Article – Health – General
22-Section 7.5–5A–01, 7.5–5A–02, and 7.5–5A–04
23- Annotated Code of Maryland
24- (2023 Replacement Volume)
26+AN ACT concerning 1
2527
26-BY adding to
27- Article – Health – General
28-Section 7.5–5A–01(i), 7.5–5A–03.1, and 7.5–5A–03.2
29- Annotated Code of Maryland
30- (2023 Replacement Volume)
28+Behavioral Health Crisis Response Services – 9–8–8 Trust Fund Fees 2
3129
32-BY repealing and reenacting, without amendments,
33- Article – Health – General
34- Section 7.5–5A–01(a)
35- Annotated Code of Maryland
36- (2023 Replacement Volume)
37- (As enacted by Section 1 of this Act)
30+FOR the purpose of establishing a 9–8–8 fee to be paid by each subscriber to switched local 3
31+exchange access service, commercial mobile radio service, or other 9–8–8–accessible 4
32+service; establishing a prepaid wireless 9–8–8 fee to be paid on certain retail 5
33+transactions; requiring the Comptroller to deposit the remitted 9–8–8 fees and the 6
34+prepaid wireless 9–8–8 fees in the 9–8–8 Trust Fund; requiring the Comptroller to 7
35+adopt procedures for auditing fee collection and remittance by telephone companies 8
36+and commercial mobile radio service providers; and generally related to the 9–8–8 9
37+Trust Fund. 10
3838
39-BY repealing and reenacting, with amendments,
40- Article – Health – General
41- Section 7.5–5A–01(i), 7.5–5A–02(e) and (l)(1), and 7.5–5A–04
42- Annotated Code of Maryland
43- (2023 Replacement Volume)
44- (As enacted by Section 1 of this Act)
39+BY repealing and reenacting, with amendments, 11
40+ Article – Health – General 12
41+Section 7.5–5A–01, 7.5–5A–02, and 7.5–5A–04 13
42+ Annotated Code of Maryland 14
43+ (2023 Replacement Volume) 15
4544
46-BY repealing and reenacting, without amendments,
47- Article – Health – General
48- Section 7.5–5A–02(a)
49- Annotated Code of Maryland Ch. 780 2024 LAWS OF MARYLAND
45+BY adding to 16
46+ Article – Health – General 17
47+Section 7.5–5A–01(i), 7.5–5A–03.1, and 7.5–5A–03.2 18
48+ Annotated Code of Maryland 19 2 HOUSE BILL 933
5049
51-– 2 –
52- (2023 Replacement Volume)
5350
54- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
55-That the Laws of Maryland read as follows:
51+ (2023 Replacement Volume) 1
5652
57-Article – Health – General
53+BY repealing and reenacting, without amendments, 2
54+ Article – Health – General 3
55+ Section 7.5–5A–01(a) 4
56+ Annotated Code of Maryland 5
57+ (2023 Replacement Volume) 6
58+ (As enacted by Section 1 of this Act) 7
5859
59-7.5–5A–01.
60+BY repealing and reenacting, with amendments, 8
61+ Article – Health – General 9
62+ Section 7.5–5A–01(i), 7.5–5A–02(e) and (l)(1), and 7.5–5A–04 10
63+ Annotated Code of Maryland 11
64+ (2023 Replacement Volume) 12
65+ (As enacted by Section 1 of this Act) 13
6066
61- (A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS
62-INDICATED.
67+BY repealing and reenacting, without amendments, 14
68+ Article – Health – General 15
69+ Section 7.5–5A–02(a) 16
70+ Annotated Code of Maryland 17
71+ (2023 Replacement Volume) 18
6372
64- (B) “COMMERCIAL MOBILE RAD IO SERVICE” OR “CMRS” MEANS MOBILE
65-TELECOMMUNICATIONS S ERVICE THAT IS:
73+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
74+That the Laws of Maryland read as follows: 20
6675
67- (1) PROVIDED FOR PROFIT WITH THE INTE NT OF RECEIVING
68-COMPENSATION OR MONE TARY GAIN;
76+Article – Health – General 21
6977
70- (2) AN INTERCONNECTED , TWO–WAY VOICE SERVICE ; AND
78+7.5–5A–01. 22
7179
72- (3) AVAILABLE TO THE PUBL IC.
80+ (A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 23
81+INDICATED. 24
7382
74- (C) “COMMERCIAL MOBILE RAD IO SERVICE PROVIDER ” OR “CMRS
75-PROVIDER” MEANS A PERSON AUTHO RIZED BY THE FEDERAL COMMUNICATIONS
76-COMMISSION TO PROVIDE CMRS IN THE STATE.
83+ (B) “COMMERCIAL MOBILE RAD IO SERVICE” OR “CMRS” MEANS MOBILE 25
84+TELECOMMUNICATIONS S ERVICE THAT IS: 26
7785
78- (D) “CONSUMER” MEANS A PERSON THAT PURCHASES PREPAID WI RELESS
79-TELECOMMUNICATIONS S ERVICE IN A RETAIL T RANSACTION.
86+ (1) PROVIDED FOR PROFIT W ITH THE INTENT OF RE CEIVING 27
87+COMPENSATION OR MONE TARY GAIN; 28
8088
81- (E) “Fund” means the 9–8–8 Trust Fund.
89+ (2) AN INTERCONNE CTED, TWO–WAY VOICE SERVICE ; AND 29
8290
83- (F) “LIFELINE PROGRAM ” MEANS THE FEDERAL LIFELINE PROGRAM
84-ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION.
91+ (3) AVAILABLE TO THE PUBL IC. 30
8592
86- (F) (G) “PREPAID WIRELESS TELE COMMUNICATIONS SERVI CE” MEANS A
87-COMMERCIAL MOBILE RA DIO SERVICE THAT :
93+ (C) “COMMERCIAL MOBILE RAD IO SERVICE PROVIDER ” OR “CMRS 31
94+PROVIDER” MEANS A PERSON AUTHO RIZED BY THE FEDERAL COMMUNICATIONS 32
95+COMMISSION TO PROVIDE CMRS IN THE STATE. 33
96+ HOUSE BILL 933 3
8897
89- (1) ALLOWS A CONSUMER TO DIAL 9–8–8 TO ACCESS THE 9–8–8
90-SYSTEM;
9198
92- (2) MUST BE PAID FOR IN A DVANCE; AND
99+ (D) “CONSUMER” MEANS A PERSON THAT PURCHASE S PREPAID WIRELESS 1
100+TELECOMMUNICATIONS S ERVICE IN A RETAIL T RANSACTION. 2
93101
94- (3) IS SOLD IN PREDETERMI NED UNITS THAT DECLI NE WITH USE IN A
95-KNOWN AMOUNT . WES MOORE, Governor Ch. 780
102+ (E) “Fund” means the 9–8–8 Trust Fund. 3
96103
97-– 3 –
104+ (F) “LIFELINE PROGRAM ” MEANS THE FEDERAL LIFELINE PROGRAM 4
105+ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION. 5
98106
99- (G) (H) “RETAIL TRANSACTION ” MEANS THE PURCHASE O F PREPAID
100-WIRELESS TELECOMMUNI CATIONS SERVICE FROM A SELLER FOR ANY PUR POSE
101-OTHER THAN RESALE.
107+ (F) (G) “PREPAID WIRELESS TELE COMMUNICATIONS SERVI CE” MEANS A 6
108+COMMERCIAL MOBILE RA DIO SERVICE THAT : 7
102109
103- (H) “SELLER” MEANS A PERSON THAT SELLS PREPAID WIRELE SS
104-TELECOMMUNICATIONS S ERVICE TO ANOTHER PE RSON.
110+ (1) ALLOWS A CONSUMER TO DIAL 9–8–8 TO ACCESS THE 9–8–8 8
111+SYSTEM; 9
105112
106- (I) “TELEPHONE COMPANY ” HAS THE MEANING STAT ED IN § 1–101 OF THE
107-PUBLIC UTILITIES ARTICLE.
113+ (2) MUST BE PAID FOR IN A DVANCE; AND 10
108114
109-7.5–5A–02.
115+ (3) IS SOLD IN PREDETERMI NED UNITS THAT DECLI NE WITH USE IN A 11
116+KNOWN AMOUNT . 12
110117
111- (a) There is a 9–8–8 Trust Fund.
118+ (G) (H) “RETAIL TRANSACTION ” MEANS THE PURCHASE O F PREPAID 13
119+WIRELESS TELECOMMUNI CATIONS SERVICE FROM A SELLER FOR ANY PUR POSE 14
120+OTHER THAN RESALE . 15
112121
113- (b) The purpose of the Fund is to provide reimbursement for costs associated with:
122+ (H) “SELLER” MEANS A PERSON THAT SELLS PREPAID WIRELE SS 16
123+TELECOMMUNICATIONS S ERVICE TO ANOTHER PERSON . 17
114124
115- (1) Designating and maintaining 9–8–8 as the universal telephone number
116-for a national suicide prevention and mental health crisis hotline in accordance with the
117-federal National Suicide Hotline Designation Act of 2020; and
125+ (I) “TELEPHONE COMPANY ” HAS THE MEANING STAT ED IN § 1–101 OF THE 18
126+PUBLIC UTILITIES ARTICLE. 19
118127
119- (2) Developing and implementing a statewide initiative for the
120-coordination and delivery of the continuum of behavioral health crisis response services in
121-the State, including:
128+7.5–5A–02. 20
122129
123- (i) Crisis call centers;
130+ (a) There is a 9–8–8 Trust Fund. 21
124131
125- (ii) Mobile crisis team services;
132+ (b) The purpose of the Fund is to provide reimbursement for costs associated with: 22
126133
127- (iii) Crisis stabilization centers; and
134+ (1) Designating and maintaining 9–8–8 as the universal telephone number 23
135+for a national suicide prevention and mental health crisis hotline in accordance with the 24
136+federal National Suicide Hotline Designation Act of 2020; and 25
128137
129- (iv) Other acute behavioral health care services.
138+ (2) Developing and implementing a statewide initiative for the 26
139+coordination and delivery of the continuum of behavioral health crisis response services in 27
140+the State, including: 28
130141
131- (c) The Department shall administer the Fund.
142+ (i) Crisis call centers; 29
143+ 4 HOUSE BILL 933
132144
133- (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
134-the State Finance and Procurement Article.
135145
136- (2) The State Treasurer shall hold the Fund separately, and the
137-Comptroller shall account for the Fund.
146+ (ii) Mobile crisis team services; 1
138147
139- (e) The Fund consists of:
148+ (iii) Crisis stabilization centers; and 2
140149
141- (1) MONEY FROM THE 9–8–8 FEE COLLECTED AND REMITTED TO THE
142-COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE;
143- Ch. 780 2024 LAWS OF MARYLAND
150+ (iv) Other acute behavioral health care services. 3
144151
145-– 4 –
146- (2) MONEY FROM THE PREPAI D WIRELESS 9–8–8 FEE COLLECTED
147-AND REMITTED TO THE COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE;
152+ (c) The Department shall administer the Fund. 4
148153
149- [(1)] (3) (2) Money appropriated in the State budget to the Fund;
154+ (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 5
155+the State Finance and Procurement Article. 6
150156
151- [(2)] (4) (3) Interest earnings of the Fund; and
157+ (2) The State Treasurer shall hold the Fund separately, and the 7
158+Comptroller shall account for the Fund. 8
152159
153- [(3)] (5) (4) Any other money from any other source accepted for the benefit
154-of the Fund.
160+ (e) The Fund consists of: 9
155161
156- (f) The Fund may be used only for carrying:
162+ (1) MONEY FROM THE 9–8–8 FEE COLLECTED AND RE MITTED TO THE 10
163+COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE; 11
157164
158- (1) CARRYING out the purpose of the Fund; AND
165+ (2) MONEY FROM THE PREPAI D WIRELESS 9–8–8 FEE COLLECTED 12
166+AND REMITTED TO THE COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE; 13
159167
160- (2) ANY RELATED ADMINISTR ATIVE EXPENSES OF TH E
161-COMPTROLLER .
168+ [(1)] (3) (2) Money appropriated in the State budget to the Fund; 14
162169
163- (g) (1) The State Treasurer shall invest the money of the Fund in the same
164-manner as other State money may be invested.
170+ [(2)] (4) (3) Interest earnings of the Fund; and 15
165171
166- (2) Any interest earnings of the Fund shall be credited to the Fund.
172+ [(3)] (5) (4) Any other money from any other source accepted for the benefit 16
173+of the Fund. 17
167174
168- (h) Expenditures from the Fund may be made only in accordance with the State
169-budget.
175+ (f) The Fund may be used only for carrying: 18
170176
171- (i) Money expended from the Fund for carrying out the purpose of the Fund is
172-supplemental to and is not intended to take the place of funding that otherwise would be
173-appropriated for carrying out the purpose of the Fund.
177+ (1) CARRYING out the purpose of the Fund; AND 19
174178
175- (j) No part of the Fund may revert or be credited to:
179+ (2) ANY RELATED ADMINISTR ATIVE EXPENSES OF TH E 20
180+COMPTROLLER . 21
176181
177- (1) The General Fund of the State; or
182+ (g) (1) The State Treasurer shall invest the money of the Fund in the same 22
183+manner as other State money may be invested. 23
178184
179- (2) Any other special fund of the State.
185+ (2) Any interest earnings of the Fund shall be credited to the Fund. 24
180186
181- (k) The Fund is subject to audit by the Office of Legislative Audits as provided in
182-§ 2–1220 of the State Government Article.
187+ (h) Expenditures from the Fund may be made only in accordance with the State 25
188+budget. 26
189+ HOUSE BILL 933 5
183190
184- (L) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
185-COMPTROLLER SHALL DIS TRIBUTE TO AN ADMINI STRATIVE COST ACCOUN T THE
186-AMOUNT NECESSARY TO ADMINISTER THE FEES AND TO COVER THE EXP ENSES OF
187-CONDUCTING AUDITS UN DER THIS SECTION FRO M THE 9–8–8 FEE REVENUE
188-COLLECTED AND REMITT ED TO THE COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS
189-SUBTITLE.
190- WES MOORE, Governor Ch. 780
191191
192-– 5 –
193- (2) THE AMOUNT DISTRIBUTE D TO THE ADMINISTRAT IVE COST
194-ACCOUNT MAY NOT EXCE ED:
192+ (i) Money expended from the Fund for carrying out the purpose of the Fund is 1
193+supplemental to and is not intended to take the place of funding that otherwise would be 2
194+appropriated for carrying out the purpose of the Fund. 3
195195
196- (I) FOR EACH OF FISC AL YEARS 2025, 2026, AND 2027, 6% OF
197-THE FEES COLLECTED B Y THE COMPTROLLER ; AND
196+ (j) No part of the Fund may revert or be credited to: 4
198197
199- (II) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR
200-THEREAFTER , 3% OF THE FEES COLLECTE D BY THE COMPTROLLER .
198+ (1) The General Fund of the State; or 5
201199
202- (M) AFTER MAKING THE DIST RIBUTION REQUIRED BY SUBSECTION (L) OF
203-THIS SECTION, THE COMPTROLLER SHALL DEP OSIT THE 9–8–8 FEE REVENUE IN THE
204-FUND.
200+ (2) Any other special fund of the State. 6
205201
206-7.5–5A–03.1.
202+ (k) The Fund is subject to audit by the Office of Legislative Audits as provided in 7
203+§ 2–1220 of the State Government Article. 8
207204
208- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
209-INDICATED.
205+ (L) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 9
206+COMPTROLLER SHALL DIS TRIBUTE TO AN ADMINI STRATIVE COST ACCOUN T THE 10
207+AMOUNT NECESSARY TO ADMINISTER THE FEES AND TO COVER THE EXP ENSES OF 11
208+CONDUCTING AUDITS UN DER THIS SECTION FRO M THE 9–8–8 FEE REVENUE 12
209+COLLECTED AND REMITT ED TO THE COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS 13
210+SUBTITLE. 14
210211
211- (2) “9–8–8–ACCESSIBLE SERVICE ” MEANS TELEPHONE SERV ICE OR
212-ANOTHER COMMUNICATIO NS SERVICE THAT CONNECTS A N INDIVIDUAL DIALING
213-THE DIGITS 9–8–8 TO AN ESTABLISHED PUBLI C SAFETY ANSWERING P OINT THE 988
214-SUICIDE AND CRISIS LIFELINE.
212+ (2) THE AMOUNT DISTRIBUTE D TO THE ADMINISTRAT IVE COST 15
213+ACCOUNT MAY NOT EXCE ED: 16
215214
216- (3) “9–8–8 FEE” MEANS THE FEE IMPOSE D IN ACCORDANCE WITH
217-THIS SECTION.
215+ (I) FOR EACH OF FISCAL YE ARS 2025, 2026, AND 2027, 6% OF 17
216+THE FEES COLLECTED B Y THE COMPTROLLER ; AND 18
218217
219- (4) (I) “9–8–8 SERVICE CARRIER ” MEANS A PROVIDER OF CMRS
220-OR OTHER 9–8–8–ACCESSIBLE SERVICE .
218+ (II) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR 19
219+THEREAFTER , 3% OF THE FEES COLLECTE D BY THE COMPTROLLER . 20
221220
222- (II) “9–8–8 SERVICE CARRIER ” DOES NOT INCLUDE A
223-TELEPHONE COMPANY .
221+ (M) AFTER MAKING THE DIST RIBUTION REQUIRED BY SUBSECTION (L) OF 21
222+THIS SECTION, THE COMPTROLLER SHALL DEP OSIT THE 9–8–8 FEE REVENUE IN THE 22
223+FUND. 23
224224
225- (B) THIS SECTION DOES NOT APPLY TO PREPAID WIR ELESS
226-TELECOMMUNICATIONS S ERVICE.
225+7.5–5A–03.1. 24
227226
228- (C) (1) EACH EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
229-SUBSECTION, EACH SUBSCRIBER TO SWITCH ED LOCAL EXCHANGE AC CESS SERVICE,
230-CMRS, OR OTHER 9–8–8–ACCESSIBLE SERVICE S HALL PAY A 9–8–8 FEE.
227+ (A) (1) IN THIS SECTION THE FOL LOWING WORDS HAVE TH E MEANINGS 25
228+INDICATED. 26
231229
232- (2) A SUBSCRIBER WHO IS EN ROLLED IN THE LIFELINE PROGRAM
233-MAY NOT BE REQUIRED TO PAY A 9–8–8 FEE.
230+ (2) “9–8–8–ACCESSIBLE SERVICE ” MEANS TELEPHONE SERV ICE OR 27
231+ANOTHER COMMUNICATIO NS SERVICE THAT CONN ECTS AN INDIVIDUAL D IALING 28
232+THE DIGITS 9–8–8 TO AN ESTABLISHED PUBLI C SAFETY ANSWERING P OINT THE 988 29
233+SUICIDE AND CRISIS LIFELINE. 30
234234
235- (D) (1) SUBJECT TO PARAGRAPHS (2) THROUGH (4) OF THIS
236-SUBSECTION, THE 9–8–8 FEE IS 25 CENTS PER MONTH PAYA BLE WHEN THE BILL FO R Ch. 780 2024 LAWS OF MARYLAND
235+ (3) “9–8–8 FEE” MEANS THE FEE IMPOSE D IN ACCORDANCE WITH 31
236+THIS SECTION. 32 6 HOUSE BILL 933
237237
238-– 6 –
239-THE SWITCHED LOCAL E XCHANGE ACCESS SERVI CE, CMRS, OR OTHER
240-9–8–8–ACCESSIBLE SERVICE I S DUE.
241238
242- (2) EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS
243-SUBSECTION, IF A PERSON IS ABLE TO MAKE MORE THAN ON E SIMULTANEOUS
244-OUTBOUND CALL USING A 9–8–8–ACCESSIBLE SERVICE , EACH SEPARATE OUTBOU ND
245-CALL VOICE CHANNEL C APACITY, REGARDLESS OF THE TE CHNOLOGY, SHALL BE
246-CONSIDERED A SEPARA TE 9–8–8–ACCESSIBLE SERVICE F OR THE PURPOSE OF
247-DETERMINING THE 9–8–8 FEE DUE UNDER PARAGR APH (1) OF THIS SUBSECTION .
248239
249- (3) CMRS PROVIDED TO MULTIPLE DEVICES THAT SHARE T HE SAME
250-TELEPHONE NUMBER SHA LL BE CONSIDERED A S INGLE 9–8–8–ACCESSIBLE
251-SERVICE FOR THE PURPOSE OF DETERMINI NG THE 9–8–8 FEE DUE UNDER
252-PARAGRAPH (1) OF THIS SUBSECTION .
240+ (4) (I) “9–8–8 SERVICE CARRIER ” MEANS A PROVIDER OF CMRS 1
241+OR OTHER 9–8–8–ACCESSIBLE SERVICE . 2
253242
254- (4) A BROADBAND CONNECTION THAT IS NOT USED AS A TELEPHONE
255-SERVICE MAY NOT BE C ONSIDERED A SEPARATE VOICE CHANNEL CAPACI TY FOR THE
256-PURPOSE OF DETERMINI NG THE 9–8–8 FEE DUE UNDER PARAGRAPH (1) OF THIS
257-SUBSECTION.
243+ (II) “9–8–8 SERVICE CARRIER ” DOES NOT INCLUDE A 3
244+TELEPHONE COMPANY . 4
258245
259- (E) (1) THE PUBLIC SERVICE COMMISSION SHALL DIRE CT EACH
260-TELEPHONE COMPANY TO ADD THE 9–8–8 FEE TO ALL CURRENT B ILLS RENDERED
261-FOR SWITCHED LOCAL E XCHANGE ACCESS SERVI CE IN THE STATE.
246+ (B) THIS SECTION DOES NOT APPLY TO PREPAID WIR ELESS 5
247+TELECOMMUNICATIONS S ERVICE. 6
262248
263- (2) EACH TELEPHONE COMPAN Y:
249+ (C) (1) EACH EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 7
250+SUBSECTION, EACH SUBSCRIBER TO SWITCH ED LOCAL EXCHANGE AC CESS SERVICE, 8
251+CMRS, OR OTHER 9–8–8–ACCESSIBLE SERVICE S HALL PAY A 9–8–8 FEE. 9
264252
265- (I) SHALL ACT AS A COLLEC TION AGENT FOR THE FUND WITH
266-RESPECT TO THE 9–8–8 FEES; AND
253+ (2) A SUBSCRIBER WHO IS EN ROLLED IN THE LIFELINE PROGRAM 10
254+MAY NOT BE REQUIRED TO PAY A 9–8–8 FEE. 11
267255
268- (II) SHALL REMIT ALL MONEY COLLECTED TO THE
269-COMPTROLLER ON A MONT HLY BASIS.
256+ (D) (1) SUBJECT TO PARAGRAPHS (2) THROUGH (4) OF THIS 12
257+SUBSECTION, THE 9–8–8 FEE IS 25 CENTS PER MONTH PAY ABLE WHEN THE BILL F OR 13
258+THE SWITCHED LOCAL E XCHANGE ACCESS SERVI CE, CMRS, OR OTHER 14
259+9–8–8–ACCESSIBLE SERVICE I S DUE. 15
270260
271- (3) THE COMPTROLLER SHALL DEP OSIT THE MONEY REMIT TED IN
272-THE FUND.
261+ (2) EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS 16
262+SUBSECTION, IF A PERSON IS ABLE TO MAKE MORE THAN ON E SIMULTANEOUS 17
263+OUTBOUND CALL USING A 9–8–8–ACCESSIBLE SERVICE , EACH SEPARATE OUTBOU ND 18
264+CALL VOICE CHANNEL C APACITY, REGARDLESS OF THE TE CHNOLOGY, SHALL BE 19
265+CONSIDERED A SEPARAT E 9–8–8–ACCESSIBLE SERVICE F OR THE PURPOSE OF 20
266+DETERMINING THE 9–8–8 FEE DUE UNDER PARAGR APH (1) OF THIS SUBSEC TION. 21
273267
274- (F) (1) EACH 9–8–8 SERVICE CARRIER SHAL L ADD THE 9–8–8 FEE TO ALL
275-CURRENT BILLS RENDER ED FOR CMRS OR OTHER 9–8–8–ACCESSIBLE SERVICE I N
276-THE STATE.
268+ (3) CMRS PROVIDED TO MULTIPLE DEVICES THAT SHARE T HE SAME 22
269+TELEPHONE NUMBER SHA LL BE CONSIDERED A S INGLE 9–8–8–ACCESSIBLE 23
270+SERVICE FOR THE PURP OSE OF DETERMINING T HE 9–8–8 FEE DUE UNDER 24
271+PARAGRAPH (1) OF THIS SUBSECTION . 25
277272
278- (2) EACH 9–8–8 SERVICE CARRIER :
273+ (4) A BROADBAND CONNECTION THAT IS NOT USED AS A TELEPHONE 26
274+SERVICE MAY NOT BE C ONSIDERED A SEPARATE VOICE CHANNEL CAPACI TY FOR THE 27
275+PURPOSE OF DETERMINI NG THE 9–8–8 FEE DUE UNDER PARAGR APH (1) OF THIS 28
276+SUBSECTION. 29
279277
280- (I) SHALL ACT AS A COLLEC TION AGENT FOR THE FUND WITH
281-RESPECT TO THE 9–8–8 FEES; WES MOORE, Governor Ch. 780
278+ (E) (1) THE PUBLIC SERVICE COMMISSION SHALL DIRE CT EACH 30
279+TELEPHONE CO MPANY TO ADD THE 9–8–8 FEE TO ALL CURRENT B ILLS RENDERED 31
280+FOR SWITCHED LOCAL E XCHANGE ACCESS SERVI CE IN THE STATE. 32
282281
283-– 7 –
282+ (2) EACH TELEPHONE COMPAN Y: 33 HOUSE BILL 933 7
284283
285- (II) SHALL REMIT ALL MONEY COLLECTED TO THE
286-COMPTROLLER ON A MONT HLY BASIS;
287284
288- (III) SHALL KEEP RECORDS OF 9–8–8 FEES COLLECTED AND
289-REMITTED UNDER THIS PARAGRAPH FOR AT LEA ST 4 YEARS AFTER THE FEE IS
290-REMITTED; AND
291285
292- (IV) IS ENTITLED TO CREDIT , AGAINST THE MONEY FR OM THE
293-9–8–8 FEE TO BE REMITTED T O THE COMPTROLLER , AN AMOUNT EQUAL TO 0.5% OF
294-THE 9–8–8 FEE TO COVER THE EXP ENSES OF BILLING , COLLECTING, REMITTING,
295-AND KEEPING RECORDS OF THE 9–8–8 FEES.
286+ (I) SHALL ACT AS A COLLEC TION AGENT FOR THE FUND WITH 1
287+RESPECT TO THE 9–8–8 FEES; AND 2
296288
297- (3) THE COMPTROLLER SHALL DEPOSIT THE MO NEY REMITTED IN
298-THE FUND.
289+ (II) SHALL REMIT ALL MONEY COLLECTED TO THE 3
290+COMPTROLLER ON A MONT HLY BASIS. 4
299291
300- (G) (1) THE COMPTROLLER SHALL ADO PT PROCEDURES FOR AU DITING
301-FEE COLLECTION AND R EMITTANCE BY TELEPHO NE COMPANIES AND CMRS
302-PROVIDERS.
292+ (3) THE COMPTROLLER SHALL DEP OSIT THE MONEY REMIT TED IN 5
293+THE FUND. 6
303294
304- (2) THE COMPTROLLER IS ENTITL ED TO AN AMOUNT EQUA L TO 0.5%
305-OF THE 9–8–8 FEES TO COVER THE EX PENSES OF CONDUCTING AUDITS UNDER THIS
306-SUBSECTION.
295+ (F) (1) EACH 9–8–8 SERVICE CARRIER SHAL L ADD THE 9–8–8 FEE TO ALL 7
296+CURRENT BILLS RENDER ED FOR CMRS OR OTHER 9–8–8–ACCESSIBLE SERVICE I N 8
297+THE STATE. 9
307298
308- (H) A CMRS PROVIDER THAT PAYS O R COLLECTS 9–8–8 FEES UNDER THIS
309-SECTION HAS THE SAME IMMUNITY FROM LIABIL ITY FOR TRANSMISSION FAILURES
310-AS THAT APPROVED BY THE PUBLIC SERVICE COMMISSION FOR LOCAL EXCHANGE
311-TELEPHONE COMPANIES THAT ARE SUBJECT TO REGULATION BY THE COMMISSION
312-UNDER THE PUBLIC UTILITIES ARTICLE.
299+ (2) EACH 9–8–8 SERVICE CARRIER : 10
313300
314- (I) THE COMPTROLLER SHALL ADO PT REGULATIONS TO CA RRY OUT THIS
315-SECTION.
301+ (I) SHALL ACT AS A COLLEC TION AGENT FOR THE FUND WITH 11
302+RESPECT TO THE 9–8–8 FEES; 12
316303
317-7.5–5A–04.
304+ (II) SHALL REMIT ALL MONEY COLLECTED TO THE 13
305+COMPTROLLER ON A MONT HLY BASIS; 14
318306
319- On or before December 1 each year, the Department shall submit a report to the
320-Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House
321-Appropriations Committee, in accordance with § 2–1257 of the State Government Article,
322-that includes for the immediately preceding fiscal year a detailed description of:
307+ (III) SHALL KEEP RECORDS OF 9–8–8 FEES COLLECTED AND 15
308+REMITTED UNDER THIS PARAGRAPH FOR AT LEA ST 4 YEARS AFTER THE FEE IS 16
309+REMITTED; AND 17
323310
324- (1) The amount of funds transferred and distributed from the Fund in
325-accordance with § 7.5–5A–02(b) of this subtitle;
326- Ch. 780 2024 LAWS OF MARYLAND
311+ (IV) IS ENTITLED TO CREDIT , AGAINST THE MONEY FR OM THE 18
312+9–8–8 FEE TO BE REMITTED T O THE COMPTROLLER , AN AMOUNT EQUAL TO 0.5% OF 19
313+THE 9–8–8 FEE TO COVER THE EXP ENSES OF BILLING , COLLECTING, REMITTING, 20
314+AND KEEPING RECORDS OF THE 9–8–8 FEES. 21
327315
328-– 8 –
329- (2) THE AMOUNT OF FUNDS C OLLECTED AND REMITTE D TO THE
330-COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE;
316+ (3) THE COMPTROLLER SHALL DEP OSIT THE MONEY REMIT TED IN 22
317+THE FUND. 23
331318
332- [(2)] (3) The additional services provided by the funding in each local
333-jurisdiction;
319+ (G) (1) THE COMPTROLLER SHALL ADO PT PROCEDURES FOR AU DITING 24
320+FEE COLLECTION AND REMITTA NCE BY TELEPHONE COM PANIES AND CMRS 25
321+PROVIDERS. 26
334322
335- [(3)] (4) The amount of any unspent funds in the Fund; and
323+ (2) THE COMPTROLLER IS ENTITL ED TO AN AMOUNT EQUA L TO 0.5% 27
324+OF THE 9–8–8 FEES TO COVER THE EX PENSES OF CONDUCTING AUDITS UNDER THIS 28
325+SUBSECTION. 29
336326
337- [(4)] (5) The reasons funds identified under item [(3)] (4) of this section
338-were not spent.
327+ (H) A CMRS PROVIDER THAT PAYS O R COLLECTS 9–8–8 FEES UNDER THIS 30
328+SECTION HAS THE SAME IMMUNITY FROM LIABIL ITY FOR TRANSMISSION FAILURES 31 8 HOUSE BILL 933
339329
340- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
341-as follows:
342330
343-Article – Health – General
331+AS THAT APPROVED BY THE PUBLIC SERVICE COMMISSION FOR LOCAL EXCHANGE 1
332+TELEPHONE COMPANIES THAT ARE SUBJECT TO REGULATION BY THE COMMISSION 2
333+UNDER THE PUBLIC UTILITIES ARTICLE. 3
344334
345-7.5–5A–01.
335+ (I) THE COMPTROLLER SHALL ADO PT REGULATIONS TO CA RRY OUT THIS 4
336+SECTION. 5
346337
347- (a) In this subtitle the following words have the meanings indicated.
338+7.5–5A–04. 6
348339
349- (I) “SELLER” MEANS A PERSON THAT SELLS PREPAID WIRELE SS
350-TELECOMMUNICATIONS S ERVICE TO ANOTHER PE RSON.
340+ On or before December 1 each year, the Department shall submit a report to the 7
341+Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House 8
342+Appropriations Committee, in accordance with § 2–1257 of the State Government Article, 9
343+that includes for the immediately preceding fiscal year a detailed description of: 10
351344
352- [(i)] (J) “Telephone company” has the meaning stated in § 1–101 of the Public
353-Utilities Article.
345+ (1) The amount of funds transferred and distributed from the Fund in 11
346+accordance with § 7.5–5A–02(b) of this subtitle; 12
354347
355-7.5–5A–02.
348+ (2) THE AMOUNT OF FUNDS C OLLECTED AND REMITTE D TO THE 13
349+COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE; 14
356350
357- (a) There is a 9–8–8 Trust Fund.
351+ [(2)] (3) The additional services provided by the funding in each local 15
352+jurisdiction; 16
358353
359- (e) The Fund consists of:
354+ [(3)] (4) The amount of any unspent funds in the Fund; and 17
360355
361- (1) Money from the 9–8–8 fee collected and remitted to the Comptroller
362-under § 7.5–5A–03.1 of this subtitle;
356+ [(4)] (5) The reasons funds identified under item [(3)] (4) of this section 18
357+were not spent. 19
363358
364- (2) MONEY FROM THE PREPAI D WIRELESS 9–8–8 FEE COLLECTED
365-AND REMITTED TO THE COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE;
359+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
360+as follows: 21
366361
367- [(2)] (3) Money appropriated in the State budget to the Fund;
362+Article – Health – General 22
368363
369- [(3)] (4) Interest earnings of the Fund; and
364+7.5–5A–01. 23
370365
371- [(4)] (5) Any other money from any other source accepted for the benefit
372-of the Fund.
373- WES MOORE, Governor Ch. 780
366+ (a) In this subtitle the following words have the meanings indicated. 24
374367
375-– 9 –
376- (l) (1) Subject to paragraph (2) of this subsection, the Comptroller shall
377-distribute to an administrative cost account the amount necessary to administer the fees
378-and to cover the expenses of conducting audits under this section from the 9–8–8 fee
379-revenue collected and remitted to the Comptroller under [§ 7.5–5A–03.1] §§ 7.5–5A–03.1
380-AND 7.5–5A–03.2 of this subtitle.
368+ (I) “SELLER” MEANS A PERSON THAT SELLS PREPAID WIRELE SS 25
369+TELECOMMUNICATIONS S ERVICE TO ANOTHER PE RSON. 26
381370
382-7.5–5A–03.2.
371+ [(i)] (J) “Telephone company” has the meaning stated in § 1–101 of the Public 27
372+Utilities Article. 28
383373
384- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
385-INDICATED.
374+7.5–5A–02. 29
386375
387- (2) “PREPAID WIRELESS 9–8–8 FEE” MEANS THE FEE THAT I S
388-REQUIRED TO BE COLLE CTED BY A SELLER FRO M A CONSUMER IN THE AMOU NT
389-ESTABLISHED UNDER TH IS SECTION.
376+ (a) There is a 9–8–8 Trust Fund. 30 HOUSE BILL 933 9
390377
391- (3) “PROVIDER” MEANS A PERSON THAT PROVIDES PREPAID
392-WIRELESS TELECOMMUNI CATIONS SERVICE UNDE R A LICENSE ISSUED B Y THE
393-FEDERAL COMMUNICATIONS COMMISSION.
394378
395- (B) (1) THE PREPAID WIRELESS 9–8–8 FEE IS 25 CENTS PER RETAIL
396-TRANSACTION .
397379
398- (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
399-PARAGRAPH , THE SELLER SHALL COL LECT THE PREPAID WIR ELESS 9–8–8 FEES FEE
400-FROM THE CONSUMER FO R EACH RETAIL TRANSA CTION IN THE STATE.
380+ (e) The Fund consists of: 1
401381
402- (II) A SELLER MAY NOT COLLE CT A PREPAID WIRELESS 9–8–8
403-FEE FROM A CONSUMER IF THE CONSUMER IS CERTIFIED AS ELIGIBL E FOR
404-ENROLLED IN THE LIFELINE PROGRAM ESTABLISHED BY THE FEDERAL
405-COMMUNICATIONS COMMISSION.
382+ (1) Money from the 9–8–8 fee collected and remitted to the Comptroller 2
383+under § 7.5–5A–03.1 of this subtitle; 3
406384
407- (3) A RETAIL TRANSACTION O CCURS IN THE STATE IF:
385+ (2) MONEY FROM THE PREPAI D WIRELESS 9–8–8 FEE COLLECTED 4
386+AND REMITTED TO THE COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE; 5
408387
409- (I) THE SALE OR RECHAR GE TAKES PLACE AT TH E SELLER’S
410-PLACE OF BUSINESS LO CATED IN THE STATE;
388+ [(2)] (3) Money appropriated in the State budget to the Fund; 6
411389
412- (II) THE CONSUMER ’S SHIPPING ADDRESS I S IN THE STATE; OR
390+ [(3)] (4) Interest earnings of the Fund; and 7
413391
414- (III) NO ITEM IS SHIPPED , BUT THE CONSUMER ’S BILLING
415-ADDRESS OR THE LOCAT ION ASSOCIATED WITH THE CONSUMER ’S MOBILE
416-TELEPHONE NUMBER IS IN THE STATE.
417- Ch. 780 2024 LAWS OF MARYLAND
392+ [(4)] (5) Any other money from any other source accepted for the benefit 8
393+of the Fund. 9
418394
419-– 10 –
420- (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
421-THE PREPAID WIRELESS 9–8–8 FEE IS THE LIABILITY OF THE CONSUMER AND NOT
422-OF THE SELLER OR OF ANY PROVIDER .
395+ (l) (1) Subject to paragraph (2) of this subsection, the Comptroller shall 10
396+distribute to an administrative cost account the amount necessary to administer the fees 11
397+and to cover the expenses of conducting audits under this section from the 9–8–8 fee 12
398+revenue collected and remitted to the Comptroller under [§ 7.5–5A–03.1] §§ 7.5–5A–03.1 13
399+AND 7.5–5A–03.2 of this subtitle. 14
423400
424- (2) THE SELLER IS LIABLE FOR REMITTING ALL PR EPAID WIRELESS
425-9–8–8 FEES THAT THE SELLER COLLECTS FROM CONSUM ERS AS PROVIDED IN T HIS
426-SECTION.
401+7.5–5A–03.2. 15
427402
428- (D) A SELLER MAY DEDUCT AN D RETAIN 3% OF PREPAID WIRELESS 9–8–8
429-FEES COLLECTED FROM CONSUMERS TO COVER T HE EXPENSES OF COLLE CTING
430-AND REMITTING THE PR EPAID WIRELESS 9–8–8 FEE.
403+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
404+INDICATED. 17
431405
432- (E) A SELLER SHALL REPORT AND REMIT TO THE COMPTROLLER ALL
433-PREPAID WIRELESS 9–8–8 FEES COLLECTED BY TH E SELLER IN A MANNER
434-PROVIDED FOR THE REM ITTING OF THE SALES AND USE TAX UNDER TITLES 11 AND
435-13 OF THE TAX – GENERAL ARTICLE.
406+ (2) “PREPAID WIRELESS 9–8–8 FEE” MEANS THE FEE THAT I S 18
407+REQUIRED TO BE COLLECT ED BY A SELLER FROM A CONSUMER IN THE AM OUNT 19
408+ESTABLISHED UNDER TH IS SECTION. 20
436409
437- (F) THE COMPTROLLER SHALL DEP OSIT ALL REPORTED AN D REMITTED
438-PREPAID WIRELESS 9–8–8 FEES INTO THE FUND WITHIN 30 DAYS AFTER RECEIPT .
410+ (3) “PROVIDER” MEANS A PERSON THAT PROVIDES PREPAID 21
411+WIRELESS TELECOMMUNI CATIONS SERVICE UNDE R A LICENSE ISSUED B Y THE 22
412+FEDERAL COMMUNICATIONS COMMISSION. 23
439413
440- (G) FOR THE PURPOSE OF TH IS SECTION, THE AUDIT AND APPEAL
441-PROCEDURES ESTABLISH ED FOR THE SALES AND USE TAX UNDER TITLES 11 AND 13
442-OF THE TAX – GENERAL ARTICLE APPLY.
414+ (B) (1) THE PREPAID WIRELESS 9–8–8 FEE IS 25 CENTS PER RETAIL 24
415+TRANSACTION . 25
443416
444- (H) (G) PROVIDERS AND SELLERS OF PREPAID WIRELESS
445-TELECOMMUNICATIONS S ERVICE HAVE THE SAME IMMUNITY FROM LIABIL ITY FOR
446-TRANSMISSION FAILURE S AS THAT APPROVED B Y THE PUBLIC SERVICE
447-COMMISSION FOR LOCAL EXCHANGE TELE PHONE COMPANIES THAT ARE SUBJECT
448-TO REGULATION BY THE COMMISSION UNDER THE PUBLIC UTILITIES ARTICLE.
417+ (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 26
418+PARAGRAPH , THE SELLER SHALL COL LECT THE PREPAID WIR ELESS 9–8–8 FEES FEE 27
419+FROM THE CONSUMER FO R EACH RETAIL TRANSA CTION IN THE STATE. 28
449420
450- (I) (H) A TAX, FEE, SURCHARGE , OR OTHER CHARGE MAY NOT BE
451-IMPOSED BY THE STATE, A POLITICAL SUBDIVIS ION OF THE STATE, OR AN
452-INTERGOVERNMENTAL AG ENCY FOR 9–8–8 FUNDING PURPOSES ON A PROVIDER,
453-SELLER, OR CONSUMER WITH RES PECT TO THE SALE , PURCHASE, USE, OR
454-PROVISION OF PREPAID WIRELESS TELECOMMUNI CATIONS SERVICE .
421+ (II) A SELLER MAY NOT COLLE CT A PREPAID WIRELES S 9–8–8 29
422+FEE FROM A CONSUMER IF THE CONSUMER IS CERTIFIED AS ELIGIBL E FOR 30 10 HOUSE BILL 933
455423
456- (J) (I) THE COMPTROLLER SHALL ADO PT REGULATIONS TO CA RRY OUT
457-THIS SECTION.
458424
459-7.5–5A–04.
425+ENROLLED IN THE LIFELINE PROGRAM ESTABLISHED BY THE FEDERAL 1
426+COMMUNICATIONS COMMISSION. 2
460427
461- On or before December 1 each year, the Department shall submit a report to the
462-Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House WES MOORE, Governor Ch. 780
428+ (3) A RETAIL TRANSACTION O CCURS IN THE STATE IF: 3
463429
464-– 11 –
465-Appropriations Committee, in accordance with § 2–1257 of the State Government Article,
466-that includes for the immediately preceding fiscal year a detailed description of:
430+ (I) THE SALE OR RECHARGE TAKES PLACE AT THE S ELLER’S 4
431+PLACE OF BUSINESS LO CATED IN THE STATE; 5
467432
468- (1) The amount of funds transferred and distributed from the Fund in
469-accordance with § 7.5–5A–02(b) of this subtitle;
433+ (II) THE CONSUMER ’S SHIPPING ADDRESS I S IN THE STATE; OR 6
470434
471- (2) THE AMOUNT OF FUNDS C OLLECTED AND REMITTE D TO THE
472-COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE;
435+ (III) NO ITEM IS SHIPPED , BUT THE CONSUMER ’S BILLING 7
436+ADDRESS OR THE LOCAT ION ASSOCIATED WITH THE CONSUMER ’S MOBILE 8
437+TELEPHONE NUMBER IS IN THE STATE. 9
473438
474- (2) The amount of funds collected and remitted to the Comptroller under §
475-7.5–5A–03.1 of this subtitle;
439+ (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 10
440+THE PREPAID WIRELESS 9–8–8 FEE IS THE LIABILITY OF THE CONSUMER AND NOT 11
441+OF THE SELLER OR OF ANY PROVIDER . 12
476442
477- (3) THE AMOUNT OF FUNDS C OLLECTED AND REMITTE D TO THE
478-COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE;
443+ (2) THE SELLER IS LIABLE FOR REMITTING ALL PREPAI D WIRELESS 13
444+9–8–8 FEES THAT THE SELLER COLLECTS FROM CONSUM ERS AS PROVIDED IN T HIS 14
445+SECTION. 15
479446
480- [(2) (3)] (4) The additional services provided by the funding in each local
481-jurisdiction;
447+ (D) A SELLER MAY DEDUCT AN D RETAIN 3% OF PREPAID WIRELESS 9–8–8 16
448+FEES COLLECTED FROM CONSUMERS TO COVER T HE EXPENSES OF COLL ECTING 17
449+AND REMITTING THE PR EPAID WIRELESS 9–8–8 FEE. 18
482450
483- [(3) (4)] (5) The amount of any unspent funds in the Fund; and
451+ (E) A SELLER SHALL REPORT AND REMIT TO THE COMPTROLLER ALL 19
452+PREPAID WIRELESS 9–8–8 FEES COLLECTED BY TH E SELLER IN A MANNER 20
453+PROVIDED FOR THE REM ITTING OF THE SALES AND USE TAX UNDER TITLES 11 AND 21
454+13 OF THE TAX – GENERAL ARTICLE. 22
484455
485- [(4) (5)] (6) The reasons funds identified under item [(3) (4)] (5) of this
486-section were not spent.
456+ (F) THE COMPTROLLER SHALL DEP OSIT ALL REPORTED AN D REMITTED 23
457+PREPAID WIRELESS 9–8–8 FEES INTO THE FUND WITHIN 30 DAYS AFTER RECEIPT . 24
487458
488- SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
489-effect July 1, 2027.
459+ (G) FOR THE PURPOSE OF TH IS SECTION, THE AUDIT AND APPEAL 25
460+PROCEDURES ESTABLISH ED FOR THE SALE S AND USE TAX UNDER TITLES 11 AND 13 26
461+OF THE TAX – GENERAL ARTICLE APPLY. 27
490462
491- SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in
492-Section 3 of this Act, this Act shall take effect October 1, 2024.
463+ (H) (G) PROVIDERS AND SELLERS OF PREPAID WIRELESS 28
464+TELECOMMUNICATIONS S ERVICE HAVE THE SAME IMMUNITY FROM LIABIL ITY FOR 29
465+TRANSMISSION FAILURE S AS THAT APPROVED B Y THE PUBLIC SERVICE 30
466+COMMISSION FOR LOCAL EXCHANGE TELEPHONE C OMPANIES THAT ARE SU BJECT 31
467+TO REGULATION BY THE COMMISSION UNDER THE PUBLIC UTILITIES ARTICLE. 32
468+ HOUSE BILL 933 11
493469
494-Approved by the Governor, May 16, 2024.
470+
471+ (I) (H) A TAX, FEE, SURCHARGE , OR OTHER CHARGE MAY NOT BE 1
472+IMPOSED BY THE STATE, A POLITICAL SUBDIVIS ION OF THE STATE, OR AN 2
473+INTERGOVERNMENTAL AG ENCY FOR 9–8–8 FUNDING PURPOSES ON A PROVIDER, 3
474+SELLER, OR CONSUMER WITH RES PECT TO THE SALE , PURCHASE, USE, OR 4
475+PROVISION OF PREPAID WIRELESS TELECOMMUNI CATIONS SERVICE . 5
476+
477+ (J) (I) THE COMPTROLLER SHALL ADO PT REGULATIONS TO CA RRY OUT 6
478+THIS SECTION. 7
479+
480+7.5–5A–04. 8
481+
482+ On or before December 1 each year, the Department shall submit a report to the 9
483+Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House 10
484+Appropriations Committee, in accordance with § 2–1257 of the State Government Article, 11
485+that includes for the immediately preceding fiscal year a detailed description of: 12
486+
487+ (1) The amount of funds transferred and distributed from the Fund in 13
488+accordance with § 7.5–5A–02(b) of this subtitle; 14
489+
490+ (2) THE AMOUNT OF FUNDS COLLECTED AND REMITT ED TO THE 15
491+COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE; 16
492+
493+ (2) The amount of funds collected and remitted to the Comptroller under § 17
494+7.5–5A–03.1 of this subtitle; 18
495+
496+ (3) THE AMOUNT OF FUNDS C OLLECTED AND REMITTE D TO THE 19
497+COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE; 20
498+
499+ [(2) (3)] (4) The additional services provided by the funding in each local 21
500+jurisdiction; 22
501+
502+ [(3) (4)] (5) The amount of any unspent funds in the Fund; and 23
503+
504+ [(4) (5)] (6) The reasons funds identified under item [(3) (4)] (5) of this 24
505+section were not spent. 25
506+
507+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 26
508+effect July 1, 2027. 27
509+
510+ SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in 28
511+Section 3 of this Act, this Act shall take effect October 1, 2024. 29
512+