EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 252
E4 EMERGENCY BILL 4lr0141
(PRE–FILED) CF 4lr0142
By: Chair, Education, Energy, and the Environment Committee (By Request –
Departmental – Maryland Department of Emergency Management)
Requested: September 18, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Public Safety – 9–1–1 Trust Fund – Alterations 2
FOR the purpose of altering the 9–1–1 Trust Fund to authorize the use of certain allocated 3
funds for the payment of the salary of certain personnel; and generally relating to 4
the 9–1–1 Trust Fund. 5
BY repealing and reenacting, with amendments, 6
Article – Public Safety 7
Section 1–308 and 1–309 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2023 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Public Safety 13
1–308. 14
(a) There is a 9–1–1 Trust Fund. 15
(b) (1) Except as provided in paragraph (2) of this subsection and subject to § 16
1–309.1 of this subtitle, the purposes of the 9–1–1 Trust Fund are to: 17
(i) reimburse counties for the cost of enhancing a 9–1–1 system; 18
(ii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; 19
and 20
2 SENATE BILL 252
(iii) fund the coordinator position and staff to handle the increased 1
duties related to wireless enhanced 9–1–1 service under § 1–305 of this subtitle, as an 2
administrative cost. 3
(2) Subject to paragraph (3) of this subsection, in addition to the purposes 4
described under paragraph (1) of this subsection, the purposes of the 9–1–1 Trust Fund 5
include funding: 6
(i) the operation and maintenance of 9–1–1 systems, enhanced 7
9–1–1 systems, and Next Generation 9–1–1 services, including: 8
1. equipment and software utilized directly for providing 9
9–1–1 services by a public safety answering point; 10
2. protocol systems and software utilized directly for 11
providing 9–1–1 services by a public safety answering point; 12
3. interpretation services provided for a public safety 13
answering point; 14
4. services provided for a public safety answering point to 15
ensure improved access to individuals with disabilities and other individuals who use 16
assistive technology; and 17
5. voice, data, and call log recorders utilized to capture 18
information from 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 19
services; 20
(ii) the operation and maintenance of 9–1–1 systems, enhanced 21
9–1–1 systems, and Next Generation 9–1–1 services connectivity and infrastructure 22
equipment, including: 23
1. automatic number and location identification; and 24
2. Primary Rate Interface and Session Initiation Protocol 25
trunking for 10–digit emergency and nonemergency lines; 26
(iii) geographical information systems hardware, software, data 27
development, and data management costs incurred for the effective operation of 9–1–1 28
systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services, including: 29
1. mapping equipment; 30
2. interfaces to computer–aided dispatch; and 31
3. geographical information systems base layer development 32
and management; 33 SENATE BILL 252 3
(iv) public safety answering point facilities costs, including access 1
control, security systems, and standby power; 2
(v) costs for public education materials; 3
(vi) the training of county personnel working in or directly 4
supporting a public safety answering point; 5
(vii) the provision of tuition reimbursement for 9–1–1 specialists for 6
educational programs related to the 9–1–1 specialist career field; 7
(viii) costs to maintain the cybersecurity of 9–1–1 systems, enhanced 8
9–1–1 systems, and Next Generation 9–1–1 services; and 9
(ix) costs of 9–1–1 specialist recruitment activities as described in § 10
1–306(b)(17) of this subtitle. 11
(3) Funding allocated in accordance with paragraph (2) of this subsection 12
may not be utilized for[: 13
(i) the payment of the salary of public safety answering point 14
personnel or county personnel; or 15
(ii)] any purpose associated with the 9–8–8 suicide prevention 16
hotline. 17
(c) The 9–1–1 Trust Fund consists of: 18
(1) money from the 9–1–1 fee collected and remitted to the Comptroller 19
under § 1–310 of this subtitle; 20
(2) money from the additional charge collected and remitted to the 21
Comptroller under § 1–311 of this subtitle; 22
(3) money from the prepaid wireless E 9–1–1 fee collected and remitted to 23
the Comptroller under § 1–313 of this subtitle; and 24
(4) investment earnings of the 9–1–1 Trust Fund. 25
(d) Money in the 9–1–1 Trust Fund shall be held in the State Treasury. 26
(e) The Secretary shall administer the 9–1–1 Trust Fund, subject to the 27
guidelines for financial management and budgeting established by the Department of 28
Budget and Management. 29
(f) The Secretary shall direct the Comptroller to establish separate accounts in 30 4 SENATE BILL 252
the 9–1–1 Trust Fund for the payment of administrative expenses and for each county. 1
(g) (1) Any investment earnings shall be credited to the 9–1–1 Trust Fund. 2
(2) The Comptroller shall allocate the investment income among the 3
accounts in the 9–1–1 Trust Fund, prorated on the basis of the total fees collected in each 4
county. 5
1–309. 6
(a) On recommendation of the Board, each year the Secretary shall request an 7
appropriation from the 9–1–1 Trust Fund in an amount sufficient to: 8
(1) carry out the purposes of this subtitle; 9
(2) pay the administrative costs chargeable to the 9–1–1 Trust Fund; and 10
(3) reimburse counties for the cost of enhancing a 9–1–1 system. 11
(b) (1) Subject to the limitations under subsection (e) of this section, the 12
Comptroller shall disburse the money in the 9–1–1 Trust Fund as provided in this 13
subsection. 14
(2) Each July 1, the Comptroller shall allocate sufficient money from the 15
State 9–1–1 fee to pay the costs of administering the 9–1–1 Trust Fund. 16
(3) As directed by the Secretary and in accordance with the State budget, 17
the Comptroller, from the appropriate account, shall: 18
(i) reimburse counties for the cost of enhancing a 9–1–1 system; 19
(ii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; 20
and 21
(iii) pay the costs associated with maintenance, operations, and 22
programs approved by the Board in accordance with § 1–308(b) of this subtitle. 23
(4) (i) The Comptroller shall pay to each county from its account the 24
money requested by the county to pay the maintenance and operation costs of the county’s 25
9–1–1 system in accordance with the State budget. 26
(ii) The Comptroller shall pay the money for maintenance and 27
operation costs on September 30, December 31, March 31, and June 30 of each year. 28
(c) (1) Money accruing to the 9–1–1 Trust Fund may be used as provided in 29
this subsection. 30
SENATE BILL 252 5
(2) Money collected from the State 9–1–1 fee may be used only to: 1
(i) pay the administrative costs chargeable to the 9–1–1 Trust Fund; 2
(ii) reimburse counties for the cost of enhancing a 9–1–1 system; 3
(iii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; 4
and 5
(iv) pay the costs associated with maintenance, operations, and 6
programs approved by the Board in accordance with § 1–308(b) of this subtitle. 7
(3) MONEY COLLECTED FROM THE STATE 9–1–1 FEE MAY NOT BE 8
UTILIZED FOR THE PAY MENT OF THE SALARY O F PUBLIC SAFETY ANSW ERING POINT 9
PERSONNEL OR COUNTY PERSONNEL. 10
(4) Money collected from the county 9–1–1 fee may be used by the counties 11
only for the maintenance and operation costs of the 9–1–1 system. 12
[(4)] (5) Money collected from the prepaid wireless E 9–1–1 fee shall be 13
used as follows: 14
(i) 25% for the same purpose as the 9–1–1 fee under paragraph (2) 15
of this subsection; and 16
(ii) 75% for the same purpose as the county 9 –1–1 fee under 17
paragraph [(3)] (4) of this subsection, prorated on the basis of the total fees collected in 18
each county. 19
[(5)] (6) Money accruing to the 9–1–1 Trust Fund may not be used for: 20
(i) the maintenance or operation of communications centers other 21
than public safety answering points; or 22
(ii) any purpose associated with the 9–8–8 suicide prevention 23
hotline. 24
(d) (1) Reimbursement may be made only to the extent that county money was 25
used to enhance the 9–1–1 system. 26
(2) Reimbursement for the enhancement of 9–1–1 systems shall include 27
the installation of equipment for automatic number identification, automatic location 28
identification, and other technological advancements that the Board requires. 29
(3) Reimbursement from money collected from the State 9–1–1 fee may be 30
used only for 9–1–1 system enhancements approved by the Board. 31 6 SENATE BILL 252
(e) (1) The Board may direct the Comptroller to withhold from a county money 1
for 9–1–1 system expenditures if the county violates this subtitle or a regulation of the 2
Board. 3
(2) (i) The Board shall state publicly in writing its reason for 4
withholding money from a county and shall record its reason in the minutes of the Board. 5
(ii) On reaching its decision to withhold money, the Board shall 6
notify the county. 7
(iii) The county has 30 days after the date of notification to respond 8
in writing to the Board. 9
(3) (i) On notification by the Board, the Comptroller shall hold money 10
for the county in the county’s account in the 9–1–1 Trust Fund. 11
(ii) Money held by the Comptroller under subparagraph (i) of this 12
paragraph does not accrue interest for the county. 13
(iii) Interest income earned on money held by the Comptroller under 14
subparagraph (i) of this paragraph accrues to the 9–1–1 Trust Fund. 15
(4) County money withheld by the Comptroller shall be withheld until the 16
Board directs the Comptroller to release the money. 17
(f) (1) The Legislative Auditor may conduct fiscal/compliance audits of the 18
9–1–1 Trust Fund and of the appropriations and disbursements made for purposes of this 19
subtitle. 20
(2) The cost of the fiscal portion of the audits shall be paid from the 9–1–1 21
Trust Fund as an administrative cost. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 23
measure, is necessary for the immediate preservation of the public health or safety, has 24
been passed by a yea and nay vote supported by three–fifths of all the members elected to 25
each of the two Houses of the General Assembly, and shall take effect from the date it is 26
enacted. 27