WES MOORE, Governor Ch. 781
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Chapter 781
(Senate Bill 974)
AN ACT concerning
Behavioral Health Crisis Response Services – 9–8–8 Trust Fund Fees
FOR the purpose of establishing a 9–8–8 fee to be paid by each subscriber to switched local
exchange access service, commercial mobile radio service, or other 9–8–8–accessible
service; establishing a prepaid wireless 9–8–8 fee to be paid on certain retail
transactions; requiring the Comptroller to deposit the remitted 9–8–8 fees and the
prepaid wireless 9–8–8 fees in the 9–8–8 Trust Fund; requiring the Comptroller to
adopt procedures for auditing fee collection and remittance by telephone companies
and commercial mobile radio service providers; and generally related to the 9–8–8
Trust Fund.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 7.5–5A–01, 7.5–5A–02, and 7.5–5A–04
Annotated Code of Maryland
(2023 Replacement Volume)
BY adding to
Article – Health – General
Section 7.5–5A–01(i), 7.5–5A–03.1, and 7.5–5A–03.2
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Health – General
Section 7.5–5A–01(a)
Annotated Code of Maryland
(2023 Replacement Volume)
(As enacted by Section 1 of this Act)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 7.5–5A–01(i), 7.5–5A–02(e) and (l)(1), and 7.5–5A–04
Annotated Code of Maryland
(2023 Replacement Volume)
(As enacted by Section 1 of this Act)
BY repealing and reenacting, without amendments,
Article – Health – General
Section 7.5–5A–02(a)
Annotated Code of Maryland Ch. 781 2024 LAWS OF MARYLAND
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(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
7.5–5A–01.
(A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “COMMERCIAL MOBILE RAD IO SERVICE” OR “CMRS” MEANS MOBILE
TELECOMMUNICATIONS S ERVICE THAT IS:
(1) PROVIDED FOR PROFIT WITH THE INTE NT OF RECEIVING
COMPENSATION OR MONE TARY GAIN;
(2) AN INTERCONNECTED , TWO–WAY VOICE SERVICE ; AND
(3) AVAILABLE TO THE PUBL IC.
(C) “COMMERCIAL MOBILE RAD IO SERVICE PROVIDER ” OR “CMRS
PROVIDER” MEANS A PERSON AUTHO RIZED BY THE FEDERAL COMMUNICATIONS
COMMISSION TO PROVIDE CMRS IN THE STATE.
(D) “CONSUMER” MEANS A PERSON THAT PURCHASES PREPAID WI RELESS
TELECOMMUNICATIONS S ERVICE IN A RETAIL T RANSACTION.
(E) “Fund” means the 9–8–8 Trust Fund.
(F) “LIFELINE PROGRAM ” MEANS THE FEDERAL LIFELINE PROGRAM
ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION.
(F) (G) “PREPAID WIRELESS TELE COMMUNICATIONS SERVI CE” MEANS A
COMMERCIAL MOBILE RA DIO SERVICE THAT :
(1) ALLOWS A CONSUMER TO DIAL 9–8–8 TO ACCESS THE 9–8–8
SYSTEM;
(2) MUST BE PAID FOR IN A DVANCE; AND
(3) IS SOLD IN PREDETERMI NED UNITS THAT DECLI NE WITH USE IN A
KNOWN AMOUNT . WES MOORE, Governor Ch. 781
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(G) (H) “RETAIL TRANSACTION ” MEANS THE PURCHASE O F PREPAID
WIRELESS TELECOMMUNI CATIONS SERVICE FROM A SELLER FOR ANY PUR POSE
OTHER THAN RESALE.
(H) “SELLER” MEANS A PERSON THAT SELLS PREPAID WIRELE SS
TELECOMMUNICATIONS S ERVICE TO ANOTHER PE RSON.
(I) “TELEPHONE COMPANY ” HAS THE MEANING STAT ED IN § 1–101 OF THE
PUBLIC UTILITIES ARTICLE.
7.5–5A–02.
(a) There is a 9–8–8 Trust Fund.
(b) The purpose of the Fund is to provide reimbursement for costs associated with:
(1) Designating and maintaining 9–8–8 as the universal telephone number
for a national suicide prevention and mental health crisis hotline in accordance with the
federal National Suicide Hotline Designation Act of 2020; and
(2) Developing and implementing a statewide initiative for the
coordination and delivery of the continuum of behavioral health crisis response services in
the State, including:
(i) Crisis call centers;
(ii) Mobile crisis team services;
(iii) Crisis stabilization centers; and
(iv) Other acute behavioral health care services.
(c) The Department shall administer the Fund.
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the
Comptroller shall account for the Fund.
(e) The Fund consists of:
(1) MONEY FROM THE 9–8–8 FEE COLLECTED AND REMITTED TO THE
COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE;
Ch. 781 2024 LAWS OF MARYLAND
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(2) MONEY FROM THE PREPAI D WIRELESS 9–8–8 FEE COLLECTED
AND REMITTED TO THE COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE;
[(1)] (3) (2) Money appropriated in the State budget to the Fund;
[(2)] (4) (3) Interest earnings of the Fund; and
[(3)] (5) (4) Any other money from any other source accepted for the benefit
of the Fund.
(f) The Fund may be used only for carrying:
(1) CARRYING out the purpose of the Fund; AND
(2) ANY RELATED ADMINISTR ATIVE EXPENSES OF TH E
COMPTROLLER .
(g) (1) The State Treasurer shall invest the money of the Fund in the same
manner as other State money may be invested.
(2) Any interest earnings of the Fund shall be credited to the Fund.
(h) Expenditures from the Fund may be made only in accordance with the State
budget.
(i) Money expended from the Fund for carrying out the purpose of the Fund is
supplemental to and is not intended to take the place of funding that otherwise would be
appropriated for carrying out the purpose of the Fund.
(j) No part of the Fund may revert or be credited to:
(1) The General Fund of the State; or
(2) Any other special fund of the State.
(k) The Fund is subject to audit by the Office of Legislative Audits as provided in
§ 2–1220 of the State Government Article.
(L) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
COMPTROLLER SHALL DIS TRIBUTE TO AN ADMINI STRATIVE COST ACCOUN T THE
AMOUNT NECESSARY TO ADMINISTER THE FEES AND TO COVER THE EXP ENSES OF
CONDUCTING AUDITS UN DER THIS SECTION FRO M THE 9–8–8 FEE REVENUE
COLLECTED AND REMITT ED TO THE COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS
SUBTITLE.
WES MOORE, Governor Ch. 781
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(2) THE AMOUNT DISTRIBUTE D TO THE ADMINISTRAT IVE COST
ACCOUNT MAY NOT EXCE ED:
(I) FOR EACH OF FISCAL Y EARS 2025, 2026, AND 2027, 6% OF
THE FEES COLLECTED B Y THE COMPTROLLER ; AND
(II) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR
THEREAFTER , 3% OF THE FEES COLLECTE D BY THE COMPTROLLER .
(M) AFTER MAKING THE DIST RIBUTION REQUIRED BY SUBSECTION (L) OF
THIS SECTION, THE COMPTROLLER SHALL DEP OSIT THE 9–8–8 FEE REVENUE IN THE
FUND.
7.5–5A–03.1.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “9–8–8–ACCESSIBLE SERVICE ” MEANS TELEPHONE SERV ICE OR
ANOTHER COMMUNICATIO NS SERVICE THAT CONNECTS AN IND IVIDUAL DIALING
THE DIGITS 9–8–8 TO AN ESTABLISHED PUBLI C SAFETY ANSWERING P OINT THE 988
SUICIDE AND CRISIS LIFELINE.
(3) “9–8–8 FEE” MEANS THE FEE IMPOSE D IN ACCORDANCE WITH
THIS SECTION.
(4) (I) “9–8–8 SERVICE CARRIER ” MEANS A PROVIDER OF CMRS
OR OTHER 9–8–8–ACCESSIBLE SERVICE .
(II) “9–8–8 SERVICE CARRIER ” DOES NOT INCLUDE A
TELEPHONE COMPANY .
(B) THIS SECTION DOES NOT APPLY TO PREPAID WIR ELESS
TELECOMMUNICATIONS S ERVICE.
(C) (1) EACH EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, EACH SUBSCRIBER TO SWITCH ED LOCAL EXCHANGE AC CESS SERVICE,
CMRS, OR OTHER 9–8–8–ACCESSIBLE SERVICE S HALL PAY A 9–8–8 FEE.
(2) A SUBSCRIBER WHO IS EN ROLLED IN THE LIFELINE PROGRAM
MAY NOT BE REQUIRED TO PAY A 9–8–8 FEE.
(D) (1) SUBJECT TO PARAGRAPHS (2) THROUGH (4) OF THIS
SUBSECTION, THE 9–8–8 FEE IS 25 CENTS PER MONTH PAYA BLE WHEN THE BILL FO R Ch. 781 2024 LAWS OF MARYLAND
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THE SWITCHED LOCAL E XCHANGE ACCESS SERVI CE, CMRS, OR OTHER
9–8–8–ACCESSIBLE SERVICE I S DUE.
(2) EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS
SUBSECTION, IF A PERSON IS ABLE TO MAKE MORE THAN ON E SIMULTANEOUS
OUTBOUND CALL USING A 9–8–8–ACCESSIBLE SERVICE , EACH SEPARATE OUTBOU ND
CALL VOICE CHANNEL C APACITY, REGARDLESS OF THE TE CHNOLOGY, SHALL BE
CONSIDERED A SEPARAT E 9–8–8–ACCESSIBLE SERVICE FOR THE PURPOSE OF
DETERMINING THE 9–8–8 FEE DUE UNDER PARAGR APH (1) OF THIS SUBSECTION .
(3) CMRS PROVIDED TO MULTIPLE DEVICES THAT SHARE T HE SAME
TELEPHONE NUMBER SHA LL BE CONSIDERED A S INGLE 9–8–8–ACCESSIBLE
SERVICE FOR THE PURP OSE OF DET ERMINING THE 9–8–8 FEE DUE UNDER
PARAGRAPH (1) OF THIS SUBSECTION .
(4) A BROADBAND CONNECTION THAT IS NOT USED AS A TELEPHONE
SERVICE MAY NOT BE C ONSIDERED A SEPARATE VOICE CHANNEL CAPACI TY FOR THE
PURPOSE OF DETERMINI NG THE 9–8–8 FEE DUE UNDER PARAGRAPH (1) OF THIS
SUBSECTION.
(E) (1) THE PUBLIC SERVICE COMMISSION SHALL DIRE CT EACH
TELEPHONE COMPANY TO ADD THE 9–8–8 FEE TO ALL CURRENT B ILLS RENDERED
FOR SWITCHED LOCAL E XCHANGE ACCESS SERVI CE IN THE STATE.
(2) EACH TELEPHONE COMPAN Y:
(I) SHALL ACT AS A COLLEC TION AGENT FOR THE FUND WITH
RESPECT TO THE 9–8–8 FEES; AND
(II) SHALL REMIT ALL MONEY COLLECTED TO THE
COMPTROLLER ON A MONT HLY BASIS.
(3) THE COMPTROLLER SHALL DEP OSIT THE MONEY REMIT TED IN
THE FUND.
(F) (1) EACH 9–8–8 SERVICE CARRIER SHALL ADD THE 9–8–8 FEE TO ALL
CURRENT BILLS RENDER ED FOR CMRS OR OTHER 9–8–8–ACCESSIBLE SERVICE I N
THE STATE.
(2) EACH 9–8–8 SERVICE CARRIER :
(I) SHALL ACT AS A COLLEC TION AGENT FOR THE FUND WITH
RESPECT TO THE 9–8–8 FEES; WES MOORE, Governor Ch. 781
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(II) SHALL REMIT ALL MONEY COLLECTED TO THE
COMPTROLLER ON A MONT HLY BASIS;
(III) SHALL KEEP RECORDS OF 9–8–8 FEES COLLECTED AND
REMITTED UNDER THIS PARAGRAPH FOR AT LEA ST 4 YEARS AFTER THE FEE IS
REMITTED; AND
(IV) IS ENTITLED TO CREDIT , AGAINST THE MONEY FR OM THE
9–8–8 FEE TO BE REMITTED T O THE COMPTROLLER , AN AMOUNT EQUAL TO 0.5% OF
THE 9–8–8 FEE TO COVER THE EXP ENSES OF BILLING , COLLECTING, REMITTING,
AND KEEPING RECORDS OF THE 9–8–8 FEES.
(3) THE COMPTROLLER SHALL DEPOSIT THE MO NEY REMITTED IN
THE FUND.
(G) (1) THE COMPTROLLER SHALL ADO PT PROCEDURES FOR AU DITING
FEE COLLECTION AND R EMITTANCE BY TELEPHO NE COMPANIES AND CMRS
PROVIDERS.
(2) THE COMPTROLLER IS ENTITL ED TO AN AMOUNT EQUA L TO 0.5%
OF THE 9–8–8 FEES TO COVER THE EX PENSES OF CONDUCTING AUDITS UNDER THIS
SUBSECTION.
(H) A CMRS PROVIDER THAT PAYS O R COLLECTS 9–8–8 FEES UNDER THIS
SECTION HAS THE SAME IMMUNITY FROM LIABIL ITY FOR TRANSMISSION FAILURES
AS THAT APPROVED BY THE PUBLIC SERVICE COMMISSION FOR LOCAL EXCHANGE
TELEPHONE COMPANIES THAT ARE SUBJECT TO REGULATION BY THE COMMISSION
UNDER THE PUBLIC UTILITIES ARTICLE.
(I) THE COMPTROLLER SHALL ADO PT REGULATIONS TO CA RRY OUT THIS
SECTION.
7.5–5A–04.
On or before December 1 each year, the Department shall submit a report to the
Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House
Appropriations Committee, in accordance with § 2–1257 of the State Government Article,
that includes for the immediately preceding fiscal year a detailed description of:
(1) The amount of funds transferred and distributed from the Fund in
accordance with § 7.5–5A–02(b) of this subtitle;
Ch. 781 2024 LAWS OF MARYLAND
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(2) THE AMOUNT OF FUNDS C OLLECTED AND REMITTE D TO THE
COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE;
[(2)] (3) The additional services provided by the funding in each local
jurisdiction;
[(3)] (4) The amount of any unspent funds in the Fund; and
[(4)] (5) The reasons funds identified under item [(3)] (4) of this section
were not spent.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Health – General
7.5–5A–01.
(a) In this subtitle the following words have the meanings indicated.
(I) “SELLER” MEANS A PERSON THAT SELLS PREPAID WIRELE SS
TELECOMMUNICATIONS S ERVICE TO ANOTHER PE RSON.
[(i)] (J) “Telephone company” has the meaning stated in § 1–101 of the Public
Utilities Article.
7.5–5A–02.
(a) There is a 9–8–8 Trust Fund.
(e) The Fund consists of:
(1) Money from the 9–8–8 fee collected and remitted to the Comptroller
under § 7.5–5A–03.1 of this subtitle;
(2) MONEY FROM THE PREPAI D WIRELESS 9–8–8 FEE COLLECTED
AND REMITTED TO THE COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE;
[(2)] (3) Money appropriated in the State budget to the Fund;
[(3)] (4) Interest earnings of the Fund; and
[(4)] (5) Any other money from any other source accepted for the benefit
of the Fund.
WES MOORE, Governor Ch. 781
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(l) (1) Subject to paragraph (2) of this subsection, the Comptroller shall
distribute to an administrative cost account the amount necessary to administer the fees
and to cover the expenses of conducting audits under this section from the 9–8–8 fee
revenue collected and remitted to the Comptroller under [§ 7.5–5A–03.1] §§ 7.5–5A–03.1
AND 7.5–5A–03.2 of this subtitle.
7.5–5A–03.2.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “PREPAID WIRELESS 9–8–8 FEE” MEANS THE FEE THAT I S
REQUIRED TO BE COLLE CTED BY A SELLER FRO M A CONSUMER IN THE AMOU NT
ESTABLISHED UNDER TH IS SECTION.
(3) “PROVIDER” MEANS A PERSON THAT PROVIDES PREPAID
WIRELESS TELECOMMUNI CATIONS SERVICE UNDE R A LICENSE ISSUED B Y THE
FEDERAL COMMUNICATIONS COMMISSION.
(B) (1) THE PREPAID WIRELESS 9–8–8 FEE IS 25 CENTS PER RETAIL
TRANSACTION .
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , THE SELLER SHALL COL LECT THE PREPAID WIR ELESS 9–8–8 FEES FEE
FROM THE CONSUMER FO R EACH RETAIL TRANSA CTION IN THE STATE.
(II) A SELLER MAY NOT COLLE CT A PREPAID WIRELESS 9–8–8
FEE FROM A CONSUMER IF THE CONSUMER IS CERTIFIED AS ELIGIBL E FOR
ENROLLED IN THE LIFELINE PROGRAM ESTABLISHED BY THE FEDERAL
COMMUNICATIONS COMMISSION.
(3) A RETAIL TRANSACTION O CCURS IN THE STATE IF:
(I) THE SALE OR RECHAR GE TAKES PLACE AT TH E SELLER’S
PLACE OF BUSINESS LO CATED IN THE STATE;
(II) THE CONSUMER ’S SHIPPING ADDRESS I S IN THE STATE; OR
(III) NO ITEM IS SHIPPED , BUT THE CONSUMER ’S BILLING
ADDRESS OR THE LOCAT ION ASSOCIATED WITH THE CONSUMER ’S MOBILE
TELEPHONE NUMBER IS IN THE STATE.
Ch. 781 2024 LAWS OF MARYLAND
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(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
THE PREPAID WIRELESS 9–8–8 FEE IS THE LIABILITY OF THE CONSUMER AND NOT
OF THE SELLER OR OF ANY PROVIDER .
(2) THE SELLER IS LIABLE FOR REMITTING ALL PR EPAID WIRELESS
9–8–8 FEES THAT THE SELLER COLLECTS FROM CONSUM ERS AS PROVIDED IN T HIS
SECTION.
(D) A SELLER MAY DEDUCT AN D RETAIN 3% OF PREPAID WIRELESS 9–8–8
FEES COLLECTED FROM CONSUMERS TO COVER T HE EXPENSES OF COLLE CTING
AND REMITTING THE PR EPAID WIRELESS 9–8–8 FEE.
(E) A SELLER SHALL REPORT AND REMIT TO THE COMPTROLLER ALL
PREPAID WIRELESS 9–8–8 FEES COLLECTED BY TH E SELLER IN A MANNER
PROVIDED FOR THE REM ITTING OF THE SALES AND USE TAX UNDER TITLES 11 AND
13 OF THE TAX – GENERAL ARTICLE.
(F) THE COMPTROLLER SHALL DEP OSIT ALL REPORTED AN D REMITTED
PREPAID WIRELESS 9–8–8 FEES INTO THE FUND WITHIN 30 DAYS AFTER RECEIPT .
(G) FOR THE PURPOSE OF TH IS SECTION, THE AUDIT AND APPEAL
PROCEDURES ESTABLISH ED FOR THE SALES AND USE TAX UNDER TITLES 11 AND 13
OF THE TAX – GENERAL ARTICLE APPLY.
(H) (G) PROVIDERS AND SELLERS OF PREPAID WIRELESS
TELECOMMUNICATIONS S ERVICE HAVE THE SAME IMMUNITY FROM LIABIL ITY FOR
TRANSMISSION FAILURE S AS THAT APPROVED B Y THE PUBLIC SERVICE
COMMISSION FOR LOCAL EXCHANGE TELE PHONE COMPANIES THAT ARE SUBJECT
TO REGULATION BY THE COMMISSION UNDER THE PUBLIC UTILITIES ARTICLE.
(I) (H) A TAX, FEE, SURCHARGE , OR OTHER CHARGE MAY NOT BE
IMPOSED BY THE STATE, A POLITICAL SUBDIVIS ION OF THE STATE, OR AN
INTERGOVERNMENTAL AG ENCY FOR 9–8–8 FUNDING PURPOSES ON A PROVIDER,
SELLER, OR CONSUMER WITH RES PECT TO THE SALE , PURCHASE, USE, OR
PROVISION OF PREPAID WIRELESS TELECOMMUNI CATIONS SERVICE .
(J) (I) THE COMPTROLLER SHALL ADO PT REGULATIONS TO CA RRY OUT
THIS SECTION.
7.5–5A–04.
On or before December 1 each year, the Department shall submit a report to the
Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House WES MOORE, Governor Ch. 781
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Appropriations Committee, in accordance with § 2–1257 of the State Government Article,
that includes for the immediately preceding fiscal year a detailed description of:
(1) The amount of funds transferred and distributed from the Fund in
accordance with § 7.5–5A–02(b) of this subtitle;
(2) THE AMOUNT OF FUNDS C OLLECTED AND REMITTE D TO THE
COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE;
(2) The amount of funds collected and remitted to the Comptroller under §
7.5–5A–03.1 of this subtitle;
(3) THE AMOUNT OF FUNDS C OLLECTED AND REMITTE D TO THE
COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE;
[(2) (3)] (4) The additional services provided by the funding in each local
jurisdiction;
[(3) (4)] (5) The amount of any unspent funds in the Fund; and
[(4) (5)] (6) The reasons funds identified under item [(3) (4)] (5) of this
section were not spent.
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
effect July 1, 2027.
SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in
Section 3 of this Act, this Act shall take effect October 1, 2024.
Approved by the Governor, May 16, 2024.