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Maryland Senate Bill SB252

Maryland 2024 Regular Session

Maryland Senate Bill SB252 Compare Versions

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1- WES MOORE, Governor Ch. 76
21
3-– 1 –
4-Chapter 76
5-(Senate Bill 252)
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+ *sb0252*
89
9-Public Safety – 9–1–1 Trust Fund – Alterations
10+SENATE BILL 252
11+E4 EMERGENCY BILL 4lr0141
12+ (PRE–FILED) CF 4lr0142
13+By: Chair, Education, Energy, and the Environment Committee (By Request –
14+Departmental – Maryland Department of Emergency Management)
15+Requested: September 18, 2023
16+Introduced and read first time: January 10, 2024
17+Assigned to: Education, Energy, and the Environment
18+Committee Report: Favorable
19+Senate action: Adopted
20+Read second time: February 3, 2024
1021
11-FOR the purpose of altering the 9–1–1 Trust Fund to authorize the use of certain allocated
12-funds for the payment of the salary of certain personnel; and generally relating to
13-the 9–1–1 Trust Fund.
22+CHAPTER ______
1423
15-BY repealing and reenacting, with amendments,
16- Article – Public Safety
17- Section 1–308 and 1–309
18- Annotated Code of Maryland
19- (2022 Replacement Volume and 2023 Supplement)
24+AN ACT concerning 1
2025
21- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
22-That the Laws of Maryland read as follows:
26+Public Safety – 9–1–1 Trust Fund – Alterations 2
2327
24-Article – Public Safety
28+FOR the purpose of altering the 9–1–1 Trust Fund to authorize the use of certain allocated 3
29+funds for the payment of the salary of certain personnel; and generally relating to 4
30+the 9–1–1 Trust Fund. 5
2531
26-1–308.
32+BY repealing and reenacting, with amendments, 6
33+ Article – Public Safety 7
34+ Section 1–308 and 1–309 8
35+ Annotated Code of Maryland 9
36+ (2022 Replacement Volume and 2023 Supplement) 10
2737
28- (a) There is a 9–1–1 Trust Fund.
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
39+That the Laws of Maryland read as follows: 12
2940
30- (b) (1) Except as provided in paragraph (2) of this subsection and subject to §
31-1–309.1 of this subtitle, the purposes of the 9–1–1 Trust Fund are to:
41+Article – Public Safety 13
3242
33- (i) reimburse counties for the cost of enhancing a 9–1–1 system;
43+1–308. 14
3444
35- (ii) pay contractors in accordance with § 1–306(b)(12) of this subtitle;
36-and
45+ (a) There is a 9–1–1 Trust Fund. 15
3746
38- (iii) fund the coordinator position and staff to handle the increased
39-duties related to wireless enhanced 9–1–1 service under § 1–305 of this subtitle, as an
40-administrative cost.
47+ (b) (1) Except as provided in paragraph (2) of this subsection and subject to § 16
48+1–309.1 of this subtitle, the purposes of the 9–1–1 Trust Fund are to: 17 2 SENATE BILL 252
4149
42- (2) Subject to paragraph (3) of this subsection, in addition to the purposes
43-described under paragraph (1) of this subsection, the purposes of the 9–1–1 Trust Fund
44-include funding:
4550
46- (i) the operation and maintenance of 9–1–1 systems, enhanced
47-9–1–1 systems, and Next Generation 9–1–1 services, including:
4851
49- 1. equipment and software utilized directly for providing Ch. 76 2024 LAWS OF MARYLAND
52+ (i) reimburse counties for the cost of enhancing a 9–1–1 system; 1
5053
51-– 2 –
52-9–1–1 services by a public safety answering point;
54+ (ii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; 2
55+and 3
5356
54- 2. protocol systems and software utilized directly for
55-providing 9–1–1 services by a public safety answering point;
57+ (iii) fund the coordinator position and staff to handle the increased 4
58+duties related to wireless enhanced 9–1–1 service under § 1–305 of this subtitle, as an 5
59+administrative cost. 6
5660
57- 3. interpretation services provided for a public safety
58-answering point;
61+ (2) Subject to paragraph (3) of this subsection, in addition to the purposes 7
62+described under paragraph (1) of this subsection, the purposes of the 9–1–1 Trust Fund 8
63+include funding: 9
5964
60- 4. services provided for a public safety answering point to
61-ensure improved access to individuals with disabilities and other individuals who use
62-assistive technology; and
65+ (i) the operation and maintenance of 9–1–1 systems, enhanced 10
66+9–1–1 systems, and Next Generation 9–1–1 services, including: 11
6367
64- 5. voice, data, and call log recorders utilized to capture
65-information from 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1
66-services;
68+ 1. equipment and software utilized directly for providing 12
69+9–1–1 services by a public safety answering point; 13
6770
68- (ii) the operation and maintenance of 9–1–1 systems, enhanced
69-9–1–1 systems, and Next Generation 9–1–1 services connectivity and infrastructure
70-equipment, including:
71+ 2. protocol systems and software utilized directly for 14
72+providing 9–1–1 services by a public safety answering point; 15
7173
72- 1. automatic number and location identification; and
74+ 3. interpretation services provided for a public safety 16
75+answering point; 17
7376
74- 2. Primary Rate Interface and Session Initiation Protocol
75-trunking for 10–digit emergency and nonemergency lines;
77+ 4. services provided for a public safety answering point to 18
78+ensure improved access to individuals with disabilities and other individuals who use 19
79+assistive technology; and 20
7680
77- (iii) geographical information systems hardware, software, data
78-development, and data management costs incurred for the effective operation of 9–1–1
79-systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services, including:
81+ 5. voice, data, and call log recorders utilized to capture 21
82+information from 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 22
83+services; 23
8084
81- 1. mapping equipment;
85+ (ii) the operation and maintenance of 9–1–1 systems, enhanced 24
86+9–1–1 systems, and Next Generation 9–1–1 services connectivity and infrastructure 25
87+equipment, including: 26
8288
83- 2. interfaces to computer–aided dispatch; and
89+ 1. automatic number and location identification; and 27
8490
85- 3. geographical information systems base layer development
86-and management;
91+ 2. Primary Rate Interface and Session Initiation Protocol 28
92+trunking for 10–digit emergency and nonemergency lines; 29
8793
88- (iv) public safety answering point facilities costs, including access
89-control, security systems, and standby power;
94+ (iii) geographical information systems hardware, software, data 30
95+development, and data management costs incurred for the effective operation of 9–1–1 31
96+systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services, including: 32
97+ SENATE BILL 252 3
9098
91- (v) costs for public education materials;
9299
93- (vi) the training of county personnel working in or directly
94-supporting a public safety answering point;
100+ 1. mapping equipment; 1
95101
96- (vii) the provision of tuition reimbursement for 9–1–1 specialists for
97-educational programs related to the 9–1–1 specialist career field; WES MOORE, Governor Ch. 76
102+ 2. interfaces to computer–aided dispatch; and 2
98103
99-– 3 –
104+ 3. geographical information systems base layer development 3
105+and management; 4
100106
101- (viii) costs to maintain the cybersecurity of 9–1–1 systems, enhanced
102-9–1–1 systems, and Next Generation 9–1–1 services; and
107+ (iv) public safety answering point facilities costs, including access 5
108+control, security systems, and standby power; 6
103109
104- (ix) costs of 9–1–1 specialist recruitment activities as described in §
105-1–306(b)(17) of this subtitle.
110+ (v) costs for public education materials; 7
106111
107- (3) Funding allocated in accordance with paragraph (2) of this subsection
108-may not be utilized for[:
112+ (vi) the training of county personnel working in or directly 8
113+supporting a public safety answering point; 9
109114
110- (i) the payment of the salary of public safety answering point
111-personnel or county personnel; or
115+ (vii) the provision of tuition reimbursement for 9–1–1 specialists for 10
116+educational programs related to the 9–1–1 specialist career field; 11
112117
113- (ii)] any purpose associated with the 9–8–8 suicide prevention
114-hotline.
118+ (viii) costs to maintain the cybersecurity of 9–1–1 systems, enhanced 12
119+9–1–1 systems, and Next Generation 9–1–1 services; and 13
115120
116- (c) The 9–1–1 Trust Fund consists of:
121+ (ix) costs of 9–1–1 specialist recruitment activities as described in § 14
122+1–306(b)(17) of this subtitle. 15
117123
118- (1) money from the 9–1–1 fee collected and remitted to the Comptroller
119-under § 1–310 of this subtitle;
124+ (3) Funding allocated in accordance with paragraph (2) of this subsection 16
125+may not be utilized for[: 17
120126
121- (2) money from the additional charge collected and remitted to the
122-Comptroller under § 1–311 of this subtitle;
127+ (i) the payment of the salary of public safety answering point 18
128+personnel or county personnel; or 19
123129
124- (3) money from the prepaid wireless E 9–1–1 fee collected and remitted to
125-the Comptroller under § 1–313 of this subtitle; and
130+ (ii)] any purpose associated with the 9–8–8 suicide prevention 20
131+hotline. 21
126132
127- (4) investment earnings of the 9–1–1 Trust Fund.
133+ (c) The 9–1–1 Trust Fund consists of: 22
128134
129- (d) Money in the 9–1–1 Trust Fund shall be held in the State Treasury.
135+ (1) money from the 9–1–1 fee collected and remitted to the Comptroller 23
136+under § 1–310 of this subtitle; 24
130137
131- (e) The Secretary shall administer the 9–1–1 Trust Fund, subject to the
132-guidelines for financial management and budgeting established by the Department of
133-Budget and Management.
138+ (2) money from the additional charge collected and remitted to the 25
139+Comptroller under § 1–311 of this subtitle; 26
134140
135- (f) The Secretary shall direct the Comptroller to establish separate accounts in
136-the 9–1–1 Trust Fund for the payment of administrative expenses and for each county.
141+ (3) money from the prepaid wireless E 9–1–1 fee collected and remitted to 27
142+the Comptroller under § 1–313 of this subtitle; and 28
137143
138- (g) (1) Any investment earnings shall be credited to the 9–1–1 Trust Fund.
144+ (4) investment earnings of the 9–1–1 Trust Fund. 29
139145
140- (2) The Comptroller shall allocate the investment income among the
141-accounts in the 9–1–1 Trust Fund, prorated on the basis of the total fees collected in each
142-county.
146+ (d) Money in the 9–1–1 Trust Fund shall be held in the State Treasury. 30 4 SENATE BILL 252
143147
144-1–309.
145- Ch. 76 2024 LAWS OF MARYLAND
146148
147-– 4 –
148- (a) On recommendation of the Board, each year the Secretary shall request an
149-appropriation from the 9–1–1 Trust Fund in an amount sufficient to:
150149
151- (1) carry out the purposes of this subtitle;
150+ (e) The Secretary shall administer the 9–1–1 Trust Fund, subject to the 1
151+guidelines for financial management and budgeting established by the Department of 2
152+Budget and Management. 3
152153
153- (2) pay the administrative costs chargeable to the 9–1–1 Trust Fund; and
154+ (f) The Secretary shall direct the Comptroller to establish separate accounts in 4
155+the 9–1–1 Trust Fund for the payment of administrative expenses and for each county. 5
154156
155- (3) reimburse counties for the cost of enhancing a 9–1–1 system.
157+ (g) (1) Any investment earnings shall be credited to the 9–1–1 Trust Fund. 6
156158
157- (b) (1) Subject to the limitations under subsection (e) of this section, the
158-Comptroller shall disburse the money in the 9–1–1 Trust Fund as provided in this
159-subsection.
159+ (2) The Comptroller shall allocate the investment income among the 7
160+accounts in the 9–1–1 Trust Fund, prorated on the basis of the total fees collected in each 8
161+county. 9
160162
161- (2) Each July 1, the Comptroller shall allocate sufficient money from the
162-State 9–1–1 fee to pay the costs of administering the 9–1–1 Trust Fund.
163+1–309. 10
163164
164- (3) As directed by the Secretary and in accordance with the State budget,
165-the Comptroller, from the appropriate account, shall:
165+ (a) On recommendation of the Board, each year the Secretary shall request an 11
166+appropriation from the 9–1–1 Trust Fund in an amount sufficient to: 12
166167
167- (i) reimburse counties for the cost of enhancing a 9–1–1 system;
168+ (1) carry out the purposes of this subtitle; 13
168169
169- (ii) pay contractors in accordance with § 1–306(b)(12) of this subtitle;
170-and
170+ (2) pay the administrative costs chargeable to the 9–1–1 Trust Fund; and 14
171171
172- (iii) pay the costs associated with maintenance, operations, and
173-programs approved by the Board in accordance with § 1–308(b) of this subtitle.
172+ (3) reimburse counties for the cost of enhancing a 9–1–1 system. 15
174173
175- (4) (i) The Comptroller shall pay to each county from its account the
176-money requested by the county to pay the maintenance and operation costs of the county’s
177-9–1–1 system in accordance with the State budget.
174+ (b) (1) Subject to the limitations under subsection (e) of this section, the 16
175+Comptroller shall disburse the money in the 9–1–1 Trust Fund as provided in this 17
176+subsection. 18
178177
179- (ii) The Comptroller shall pay the money for maintenance and
180-operation costs on September 30, December 31, March 31, and June 30 of each year.
178+ (2) Each July 1, the Comptroller shall allocate sufficient money from the 19
179+State 9–1–1 fee to pay the costs of administering the 9–1–1 Trust Fund. 20
181180
182- (c) (1) Money accruing to the 9–1–1 Trust Fund may be used as provided in
183-this subsection.
181+ (3) As directed by the Secretary and in accordance with the State budget, 21
182+the Comptroller, from the appropriate account, shall: 22
184183
185- (2) Money collected from the State 9–1–1 fee may be used only to:
184+ (i) reimburse counties for the cost of enhancing a 9–1–1 system; 23
186185
187- (i) pay the administrative costs chargeable to the 9–1–1 Trust Fund;
186+ (ii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; 24
187+and 25
188188
189- (ii) reimburse counties for the cost of enhancing a 9–1–1 system;
189+ (iii) pay the costs associated with maintenance, operations, and 26
190+programs approved by the Board in accordance with § 1–308(b) of this subtitle. 27
190191
191- (iii) pay contractors in accordance with § 1–306(b)(12) of this subtitle;
192-and
193- WES MOORE, Governor Ch. 76
192+ (4) (i) The Comptroller shall pay to each county from its account the 28
193+money requested by the county to pay the maintenance and operation costs of the county’s 29
194+9–1–1 system in accordance with the State budget. 30
195+ SENATE BILL 252 5
194196
195-– 5 –
196- (iv) pay the costs associated with maintenance, operations, and
197-programs approved by the Board in accordance with § 1–308(b) of this subtitle.
198197
199- (3) MONEY COLLECTED FROM THE STATE 9–1–1 FEE MAY NOT BE
200-UTILIZED FOR THE PAY MENT OF THE SALARY O F PUBLIC SAFETY ANSW ERING POINT
201-PERSONNEL OR COUNTY PERSONNEL.
198+ (ii) The Comptroller shall pay the money for maintenance and 1
199+operation costs on September 30, December 31, March 31, and June 30 of each year. 2
202200
203- (4) Money collected from the county 9–1–1 fee may be used by the counties
204-only for the maintenance and operation costs of the 9–1–1 system.
201+ (c) (1) Money accruing to the 9–1–1 Trust Fund may be used as provided in 3
202+this subsection. 4
205203
206- [(4)] (5) Money collected from the prepaid wireless E 9–1–1 fee shall be
207-used as follows:
204+ (2) Money collected from the State 9–1–1 fee may be used only to: 5
208205
209- (i) 25% for the same purpose as the 9–1–1 fee under paragraph (2)
210-of this subsection; and
206+ (i) pay the administrative costs chargeable to the 9–1–1 Trust Fund; 6
211207
212- (ii) 75% for the same purpose as the county 9 –1–1 fee under
213-paragraph [(3)] (4) of this subsection, prorated on the basis of the total fees collected in
214-each county.
208+ (ii) reimburse counties for the cost of enhancing a 9–1–1 system; 7
215209
216- [(5)] (6) Money accruing to the 9–1–1 Trust Fund may not be used for:
210+ (iii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; 8
211+and 9
217212
218- (i) the maintenance or operation of communications centers other
219-than public safety answering points; or
213+ (iv) pay the costs associated with maintenance, operations, and 10
214+programs approved by the Board in accordance with § 1–308(b) of this subtitle. 11
220215
221- (ii) any purpose associated with the 9–8–8 suicide prevention
222-hotline.
216+ (3) MONEY COLLECTED FROM THE STATE 9–1–1 FEE MAY NOT BE 12
217+UTILIZED FOR THE PAY MENT OF THE SALARY O F PUBLIC SAFETY ANSW ERING POINT 13
218+PERSONNEL OR COUNTY PERSONNEL. 14
223219
224- (d) (1) Reimbursement may be made only to the extent that county money was
225-used to enhance the 9–1–1 system.
220+ (4) Money collected from the county 9–1–1 fee may be used by the counties 15
221+only for the maintenance and operation costs of the 9–1–1 system. 16
226222
227- (2) Reimbursement for the enhancement of 9–1–1 systems shall include
228-the installation of equipment for automatic number identification, automatic location
229-identification, and other technological advancements that the Board requires.
223+ [(4)] (5) Money collected from the prepaid wireless E 9–1–1 fee shall be 17
224+used as follows: 18
230225
231- (3) Reimbursement from money collected from the State 9–1–1 fee may be
232-used only for 9–1–1 system enhancements approved by the Board.
226+ (i) 25% for the same purpose as the 9–1–1 fee under paragraph (2) 19
227+of this subsection; and 20
233228
234- (e) (1) The Board may direct the Comptroller to withhold from a county money
235-for 9–1–1 system expenditures if the county violates this subtitle or a regulation of the
236-Board.
229+ (ii) 75% for the same purpose as the county 9–1–1 fee under 21
230+paragraph [(3)] (4) of this subsection, prorated on the basis of the total fees collected in 22
231+each county. 23
237232
238- (2) (i) The Board shall state publicly in writing its reason for
239-withholding money from a county and shall record its reason in the minutes of the Board.
240- Ch. 76 2024 LAWS OF MARYLAND
233+ [(5)] (6) Money accruing to the 9–1–1 Trust Fund may not be used for: 24
241234
242-– 6 –
243- (ii) On reaching its decision to withhold money, the Board shall
244-notify the county.
235+ (i) the maintenance or operation of communications centers other 25
236+than public safety answering points; or 26
245237
246- (iii) The county has 30 days after the date of notification to respond
247-in writing to the Board.
238+ (ii) any purpose associated with the 9–8–8 suicide prevention 27
239+hotline. 28
248240
249- (3) (i) On notification by the Board, the Comptroller shall hold money
250-for the county in the county’s account in the 9–1–1 Trust Fund.
241+ (d) (1) Reimbursement may be made only to the extent that county money was 29
242+used to enhance the 9–1–1 system. 30
243+ 6 SENATE BILL 252
251244
252- (ii) Money held by the Comptroller under subparagraph (i) of this
253-paragraph does not accrue interest for the county.
254245
255- (iii) Interest income earned on money held by the Comptroller under
256-subparagraph (i) of this paragraph accrues to the 9–1–1 Trust Fund.
246+ (2) Reimbursement for the enhancement of 9–1–1 systems shall include 1
247+the installation of equipment for automatic number identification, automatic location 2
248+identification, and other technological advancements that the Board requires. 3
257249
258- (4) County money withheld by the Comptroller shall be withheld until the
259-Board directs the Comptroller to release the money.
250+ (3) Reimbursement from money collected from the State 9–1–1 fee may be 4
251+used only for 9–1–1 system enhancements approved by the Board. 5
260252
261- (f) (1) The Legislative Auditor may conduct fiscal/compliance audits of the
262-9–1–1 Trust Fund and of the appropriations and disbursements made for purposes of this
263-subtitle.
253+ (e) (1) The Board may direct the Comptroller to withhold from a county money 6
254+for 9–1–1 system expenditures if the county violates this subtitle or a regulation of the 7
255+Board. 8
264256
265- (2) The cost of the fiscal portion of the audits shall be paid from the 9–1–1
266-Trust Fund as an administrative cost.
257+ (2) (i) The Board shall state publicly in writing its reason for 9
258+withholding money from a county and shall record its reason in the minutes of the Board. 10
267259
268- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
269-measure, is necessary for the immediate preservation of the public health or safety, has
270-been passed by a yea and nay vote supported by three–fifths of all the members elected to
271-each of the two Houses of the General Assembly, and shall take effect from the date it is
272-enacted.
260+ (ii) On reaching its decision to withhold money, the Board shall 11
261+notify the county. 12
273262
274-Approved by the Governor, April 9, 2024.
263+ (iii) The county has 30 days after the date of notification to respond 13
264+in writing to the Board. 14
265+
266+ (3) (i) On notification by the Board, the Comptroller shall hold money 15
267+for the county in the county’s account in the 9–1–1 Trust Fund. 16
268+
269+ (ii) Money held by the Comptroller under subparagraph (i) of this 17
270+paragraph does not accrue interest for the county. 18
271+
272+ (iii) Interest income earned on money held by the Comptroller under 19
273+subparagraph (i) of this paragraph accrues to the 9–1–1 Trust Fund. 20
274+
275+ (4) County money withheld by the Comptroller shall be withheld until the 21
276+Board directs the Comptroller to release the money. 22
277+
278+ (f) (1) The Legislative Auditor may conduct fiscal/compliance audits of the 23
279+9–1–1 Trust Fund and of the appropriations and disbursements made for purposes of this 24
280+subtitle. 25
281+
282+ (2) The cost of the fiscal portion of the audits shall be paid from the 9–1–1 26
283+Trust Fund as an administrative cost. 27
284+
285+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 28
286+measure, is necessary for the immediate preservation of the public health or safety, has 29
287+been passed by a yea and nay vote supported by three–fifths of all the members elected to 30
288+each of the two Houses of the General Assembly, and shall take effect from the date it is 31
289+enacted. 32