MD
Maryland Senate Bill SB974

Maryland 2024 Regular Session

Maryland Senate Bill SB974 Compare Versions

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1- WES MOORE, Governor Ch. 781
21
3-– 1 –
4-Chapter 781
5-(Senate Bill 974)
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+ *sb0974*
89
9-Behavioral Health Crisis Response Services – 9–8–8 Trust Fund Fees
10+SENATE BILL 974
11+J1, C5, C2 4lr1581
12+ CF HB 933
13+By: Senator Guzzone
14+Introduced and read first time: February 2, 2024
15+Assigned to: Budget and Taxation
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 29, 2024
1019
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.
20+CHAPTER ______
1921
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)
22+AN ACT concerning 1
2523
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)
24+Behavioral Health Crisis Response Services – 9–8–8 Trust Fund Fees 2
3125
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)
26+FOR the purpose of establishing a 9–8–8 fee to be paid by each subscriber to switched local 3
27+exchange access service, commercial mobile radio service, or other 9–8–8–accessible 4
28+service; establishing a prepaid wireless 9–8–8 fee to be paid on certain retail 5
29+transactions; requiring the Comptroller to deposit the remitted 9–8–8 fees and the 6
30+prepaid wireless 9–8–8 fees in the 9–8–8 Trust Fund; requiring the Comptroller to 7
31+adopt procedures for auditing fee collection and remittance by telephone companies 8
32+and commercial mobile radio service providers; and generally related to the 9–8–8 9
33+Trust Fund. 10
3834
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)
35+BY repealing and reenacting, with amendments, 11
36+ Article – Health – General 12
37+Section 7.5–5A–01, 7.5–5A–02, and 7.5–5A–04 13
38+ Annotated Code of Maryland 14
39+ (2023 Replacement Volume) 15
4540
46-BY repealing and reenacting, without amendments,
47- Article – Health – General
48- Section 7.5–5A–02(a)
49- Annotated Code of Maryland Ch. 781 2024 LAWS OF MARYLAND
41+BY adding to 16
42+ Article – Health – General 17
43+Section 7.5–5A–01(i), 7.5–5A–03.1, and 7.5–5A–03.2 18
44+ Annotated Code of Maryland 19
45+ (2023 Replacement Volume) 20
5046
51-– 2 –
52- (2023 Replacement Volume)
47+BY repealing and reenacting, without amendments, 21
48+ Article – Health – General 22 2 SENATE BILL 974
5349
54- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
55-That the Laws of Maryland read as follows:
5650
57-Article – Health – General
51+ Section 7.5–5A–01(a) 1
52+ Annotated Code of Maryland 2
53+ (2023 Replacement Volume) 3
54+ (As enacted by Section 1 of this Act) 4
5855
59-7.5–5A–01.
56+BY repealing and reenacting, with amendments, 5
57+ Article – Health – General 6
58+ Section 7.5–5A–01(i), 7.5–5A–02(e) and (l)(1), and 7.5–5A–04 7
59+ Annotated Code of Maryland 8
60+ (2023 Replacement Volume) 9
61+ (As enacted by Section 1 of this Act) 10
6062
61- (A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS
62-INDICATED.
63+BY repealing and reenacting, without amendments, 11
64+ Article – Health – General 12
65+ Section 7.5–5A–02(a) 13
66+ Annotated Code of Maryland 14
67+ (2023 Replacement Volume) 15
6368
64- (B) “COMMERCIAL MOBILE RAD IO SERVICE” OR “CMRS” MEANS MOBILE
65-TELECOMMUNICATIONS S ERVICE THAT IS:
69+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
70+That the Laws of Maryland read as follows: 17
6671
67- (1) PROVIDED FOR PROFIT WITH THE INTE NT OF RECEIVING
68-COMPENSATION OR MONE TARY GAIN;
72+Article – Health – General 18
6973
70- (2) AN INTERCONNECTED , TWO–WAY VOICE SERVICE ; AND
74+7.5–5A–01. 19
7175
72- (3) AVAILABLE TO THE PUBL IC.
76+ (A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 20
77+INDICATED. 21
7378
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.
79+ (B) “COMMERCIAL MOBILE RAD IO SERVICE” OR “CMRS” MEANS MOBILE 22
80+TELECOMMUNICATIONS S ERVICE THAT IS: 23
7781
78- (D) “CONSUMER” MEANS A PERSON THAT PURCHASES PREPAID WI RELESS
79-TELECOMMUNICATIONS S ERVICE IN A RETAIL T RANSACTION.
82+ (1) PROVIDED FOR PROFIT W ITH THE INTENT OF RE CEIVING 24
83+COMPENSATION OR MONE TARY GAIN; 25
8084
81- (E) “Fund” means the 9–8–8 Trust Fund.
85+ (2) AN INTERCONNECTED , TWO–WAY VOICE SERVICE ; AND 26
8286
83- (F) “LIFELINE PROGRAM ” MEANS THE FEDERAL LIFELINE PROGRAM
84-ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION.
87+ (3) AVAILABLE TO THE PUBL IC. 27
8588
86- (F) (G) “PREPAID WIRELESS TELE COMMUNICATIONS SERVI CE” MEANS A
87-COMMERCIAL MOBILE RA DIO SERVICE THAT :
89+ (C) “COMMERCIAL MOBILE RAD IO SERVICE PROVIDER ” OR “CMRS 28
90+PROVIDER” MEANS A PERSON AUTHO RIZED BY THE FEDERAL COMMUNICATIONS 29
91+COMMISSION TO PROVIDE CMRS IN THE STATE. 30
8892
89- (1) ALLOWS A CONSUMER TO DIAL 9–8–8 TO ACCESS THE 9–8–8
90-SYSTEM;
93+ (D) “CONSUMER” MEANS A PERSON THAT PURCHASES PREPAID WI RELESS 31
94+TELECOMMUNICATIONS S ERVICE IN A RETAIL T RANSACTION. 32
9195
92- (2) MUST BE PAID FOR IN A DVANCE; AND
96+ (E) “Fund” means the 9–8–8 Trust Fund. 33 SENATE BILL 974 3
9397
94- (3) IS SOLD IN PREDETERMI NED UNITS THAT DECLI NE WITH USE IN A
95-KNOWN AMOUNT . WES MOORE, Governor Ch. 781
9698
97-– 3 –
9899
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.
100+ (F) “LIFELINE PROGRAM ” MEANS THE FEDERAL LIFELINE PROGRAM 1
101+ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION. 2
102102
103- (H) “SELLER” MEANS A PERSON THAT SELLS PREPAID WIRELE SS
104-TELECOMMUNICATIONS S ERVICE TO ANOTHER PE RSON.
103+ (F) (G) “PREPAID WIRELESS TELE COMMUNICATIONS SERVI CE” MEANS A 3
104+COMMERCIAL MOBILE RA DIO SERVICE THAT : 4
105105
106- (I) “TELEPHONE COMPANY ” HAS THE MEANING STAT ED IN § 1–101 OF THE
107-PUBLIC UTILITIES ARTICLE.
106+ (1) ALLOWS A CONSUMER TO DIAL 9–8–8 TO ACCESS THE 9–8–8 5
107+SYSTEM; 6
108108
109-7.5–5A–02.
109+ (2) MUST BE PAID FOR IN A DVANCE; AND 7
110110
111- (a) There is a 9–8–8 Trust Fund.
111+ (3) IS SOLD IN PREDETERMI NED UNITS THAT DECLI NE WITH USE IN A 8
112+KNOWN AMOUNT . 9
112113
113- (b) The purpose of the Fund is to provide reimbursement for costs associated with:
114+ (G) (H) “RETAIL TRANSACTION ” MEANS THE PURCHASE O F PREPAID 10
115+WIRELESS TELECOMMUNI CATIONS SERVICE FROM A SELLER FOR ANY PUR POSE 11
116+OTHER THAN RESALE. 12
114117
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
118+ (H) “SELLER” MEANS A PERSON THAT SELLS PREPAID WIRELE SS 13
119+TELECOMMUNICATIONS S ERVICE TO ANOTHER PE RSON. 14
118120
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:
121+ (I) “TELEPHONE COMPANY ” HAS THE MEANING STAT ED IN § 1–101 OF THE 15
122+PUBLIC UTILITIES ARTICLE. 16
122123
123- (i) Crisis call centers;
124+7.5–5A–02. 17
124125
125- (ii) Mobile crisis team services;
126+ (a) There is a 9–8–8 Trust Fund. 18
126127
127- (iii) Crisis stabilization centers; and
128+ (b) The purpose of the Fund is to provide reimbursement for costs associated with: 19
128129
129- (iv) Other acute behavioral health care services.
130+ (1) Designating and maintaining 9–8–8 as the universal telephone number 20
131+for a national suicide prevention and mental health crisis hotline in accordance with the 21
132+federal National Suicide Hotline Designation Act of 2020; and 22
130133
131- (c) The Department shall administer the Fund.
134+ (2) Developing and implementing a statewide initiative for the 23
135+coordination and delivery of the continuum of behavioral health crisis response services in 24
136+the State, including: 25
132137
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.
138+ (i) Crisis call centers; 26
135139
136- (2) The State Treasurer shall hold the Fund separately, and the
137-Comptroller shall account for the Fund.
140+ (ii) Mobile crisis team services; 27
138141
139- (e) The Fund consists of:
142+ (iii) Crisis stabilization centers; and 28
140143
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. 781 2024 LAWS OF MARYLAND
144+ (iv) Other acute behavioral health care services. 29 4 SENATE BILL 974
144145
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;
148146
149- [(1)] (3) (2) Money appropriated in the State budget to the Fund;
150147
151- [(2)] (4) (3) Interest earnings of the Fund; and
148+ (c) The Department shall administer the Fund. 1
152149
153- [(3)] (5) (4) Any other money from any other source accepted for the benefit
154-of the Fund.
150+ (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 2
151+the State Finance and Procurement Article. 3
155152
156- (f) The Fund may be used only for carrying:
153+ (2) The State Treasurer shall hold the Fund separately, and the 4
154+Comptroller shall account for the Fund. 5
157155
158- (1) CARRYING out the purpose of the Fund; AND
156+ (e) The Fund consists of: 6
159157
160- (2) ANY RELATED ADMINISTR ATIVE EXPENSES OF TH E
161-COMPTROLLER .
158+ (1) MONEY FROM THE 9–8–8 FEE COLLECTED AND REMITTED TO THE 7
159+COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE; 8
162160
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.
161+ (2) MONEY FROM THE PREPAI D WIRELESS 9–8–8 FEE COLLECTED 9
162+AND REMITTED TO THE COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE; 10
165163
166- (2) Any interest earnings of the Fund shall be credited to the Fund.
164+ [(1)] (3) (2) Money appropriated in the State budget to the Fund; 11
167165
168- (h) Expenditures from the Fund may be made only in accordance with the State
169-budget.
166+ [(2)] (4) (3) Interest earnings of the Fund; and 12
170167
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.
168+ [(3)] (5) (4) Any other money from any other source accepted for the benefit 13
169+of the Fund. 14
174170
175- (j) No part of the Fund may revert or be credited to:
171+ (f) The Fund may be used only for carrying: 15
176172
177- (1) The General Fund of the State; or
173+ (1) CARRYING out the purpose of the Fund; AND 16
178174
179- (2) Any other special fund of the State.
175+ (2) ANY RELATED ADMINISTR ATIVE EXPENSES OF TH E 17
176+COMPTROLLER . 18
180177
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.
178+ (g) (1) The State Treasurer shall invest the money of the Fund in the same 19
179+manner as other State money may be invested. 20
183180
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. 781
181+ (2) Any interest earnings of the Fund shall be credited to the Fund. 21
191182
192-– 5 –
193- (2) THE AMOUNT DISTRIBUTE D TO THE ADMINISTRAT IVE COST
194-ACCOUNT MAY NOT EXCE ED:
183+ (h) Expenditures from the Fund may be made only in accordance with the State 22
184+budget. 23
195185
196- (I) FOR EACH OF FISCAL Y EARS 2025, 2026, AND 2027, 6% OF
197-THE FEES COLLECTED B Y THE COMPTROLLER ; AND
186+ (i) Money expended from the Fund for carrying out the purpose of the Fund is 24
187+supplemental to and is not intended to take the place of funding that otherwise would be 25
188+appropriated for carrying out the purpose of the Fund. 26
198189
199- (II) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR
200-THEREAFTER , 3% OF THE FEES COLLECTE D BY THE COMPTROLLER .
190+ (j) No part of the Fund may revert or be credited to: 27
201191
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.
192+ (1) The General Fund of the State; or 28 SENATE BILL 974 5
205193
206-7.5–5A–03.1.
207194
208- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
209-INDICATED.
210195
211- (2) “9–8–8–ACCESSIBLE SERVICE ” MEANS TELEPHONE SERV ICE OR
212-ANOTHER COMMUNICATIO NS SERVICE THAT CONNECTS AN IND IVIDUAL DIALING
213-THE DIGITS 9–8–8 TO AN ESTABLISHED PUBLI C SAFETY ANSWERING P OINT THE 988
214-SUICIDE AND CRISIS LIFELINE.
196+ (2) Any other special fund of the State. 1
215197
216- (3) “9–8–8 FEE” MEANS THE FEE IMPOSE D IN ACCORDANCE WITH
217-THIS SECTION.
198+ (k) The Fund is subject to audit by the Office of Legislative Audits as provided in 2
199+§ 2–1220 of the State Government Article. 3
218200
219- (4) (I) “9–8–8 SERVICE CARRIER ” MEANS A PROVIDER OF CMRS
220-OR OTHER 9–8–8–ACCESSIBLE SERVICE .
201+ (L) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 4
202+COMPTROLLER SHALL DIS TRIBUTE TO AN ADMINI STRATIVE COST ACCOUN T THE 5
203+AMOUNT NECESSARY TO ADMINISTER THE FEES AND TO COVER THE EXP ENSES OF 6
204+CONDUCTING AUDITS UN DER THIS SECTION FRO M THE 9–8–8 FEE REVENUE 7
205+COLLECTED AND REMITT ED TO THE COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS 8
206+SUBTITLE. 9
221207
222- (II) “9–8–8 SERVICE CARRIER ” DOES NOT INCLUDE A
223-TELEPHONE COMPANY .
208+ (2) THE AMOUNT DISTRIBUTE D TO THE ADMINISTRAT IVE COST 10
209+ACCOUNT MAY NOT EXCE ED: 11
224210
225- (B) THIS SECTION DOES NOT APPLY TO PREPAID WIR ELESS
226-TELECOMMUNICATIONS S ERVICE.
211+ (I) FOR EACH OF FISCAL Y EARS 2025, 2026, AND 2027, 6% OF 12
212+THE FEES COLLECTED B Y THE COMPTROLLER ; AND 13
227213
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.
214+ (II) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR 14
215+THEREAFTER , 3% OF THE FEES COLLECTE D BY THE COMPTROLLER . 15
231216
232- (2) A SUBSCRIBER WHO IS EN ROLLED IN THE LIFELINE PROGRAM
233-MAY NOT BE REQUIRED TO PAY A 9–8–8 FEE.
217+ (M) AFTER MAKING THE DIST RIBUTION REQUIRED BY SUBSECTION (L) OF 16
218+THIS SECTION, THE COMPTROLLER SHALL DEP OSIT THE 9–8–8 FEE REVENUE IN THE 17
219+FUND. 18
234220
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. 781 2024 LAWS OF MARYLAND
221+7.5–5A–03.1. 19
237222
238-– 6 –
239-THE SWITCHED LOCAL E XCHANGE ACCESS SERVI CE, CMRS, OR OTHER
240-9–8–8–ACCESSIBLE SERVICE I S DUE.
223+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
224+INDICATED. 21
241225
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 SEPARAT E 9–8–8–ACCESSIBLE SERVICE FOR THE PURPOSE OF
247-DETERMINING THE 9–8–8 FEE DUE UNDER PARAGR APH (1) OF THIS SUBSECTION .
226+ (2) “9–8–8–ACCESSIBLE SERVICE ” MEANS TELEPHONE SERV ICE OR 22
227+ANOTHER COMMUNICATIO NS SERVICE T HAT CONNECTS AN INDI VIDUAL DIALING 23
228+THE DIGITS 9–8–8 TO AN ESTABLISHED PUBLI C SAFETY ANSWERING P OINT THE 988 24
229+SUICIDE AND CRISIS LIFELINE. 25
248230
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 PURP OSE OF DET ERMINING THE 9–8–8 FEE DUE UNDER
252-PARAGRAPH (1) OF THIS SUBSECTION .
231+ (3) “9–8–8 FEE” MEANS THE FEE IMPOSE D IN ACCORDANCE WITH 26
232+THIS SECTION. 27
253233
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.
234+ (4) (I) “9–8–8 SERVICE CARRIER ” MEANS A PROVIDER OF CMRS 28
235+OR OTHER 9–8–8–ACCESSIBLE SERVICE . 29
258236
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.
237+ (II) “9–8–8 SERVICE CARRIER ” DOES NOT INCLUDE A 30
238+TELEPHONE COMPANY . 31
239+ 6 SENATE BILL 974
262240
263- (2) EACH TELEPHONE COMPAN Y:
264241
265- (I) SHALL ACT AS A COLLEC TION AGENT FOR THE FUND WITH
266-RESPECT TO THE 9–8–8 FEES; AND
242+ (B) THIS SECTION DOES NOT APPLY TO PREPAID WIR ELESS 1
243+TELECOMMUNICATIONS S ERVICE. 2
267244
268- (II) SHALL REMIT ALL MONEY COLLECTED TO THE
269-COMPTROLLER ON A MONT HLY BASIS.
245+ (C) (1) EACH EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 3
246+SUBSECTION, EACH SUBSCRIBER TO SWITCH ED LOCAL EXCHANGE AC CESS SERVICE, 4
247+CMRS, OR OTHER 9–8–8–ACCESSIBLE SERVICE S HALL PAY A 9–8–8 FEE. 5
270248
271- (3) THE COMPTROLLER SHALL DEP OSIT THE MONEY REMIT TED IN
272-THE FUND.
249+ (2) A SUBSCRIBER WHO IS EN ROLLED IN THE LIFELINE PROGRAM 6
250+MAY NOT BE REQUIRED TO PAY A 9–8–8 FEE. 7
273251
274- (F) (1) EACH 9–8–8 SERVICE CARRIER SHALL 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.
252+ (D) (1) SUBJECT TO PARAGRAPHS (2) THROUGH (4) OF THIS 8
253+SUBSECTION, THE 9–8–8 FEE IS 25 CENTS PER MONTH PAYA BLE WHEN THE BILL FO R 9
254+THE SWITCHED LOCAL E XCHANGE ACCESS SERVI CE, CMRS, OR OTHER 10
255+9–8–8–ACCESSIBLE SERVICE I S DUE. 11
277256
278- (2) EACH 9–8–8 SERVICE CARRIER :
257+ (2) EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS 12
258+SUBSECTION, IF A PERSON IS ABLE TO MAKE MORE THAN ON E SIMULTANEOUS 13
259+OUTBOUND CALL USING A 9–8–8–ACCESSIBLE SERVICE , EACH SEPARATE OUTBOU ND 14
260+CALL VOICE CHANNEL C APACITY, REGARDLESS OF THE TE CHNOLOGY, SHALL BE 15
261+CONSIDERED A SEPARAT E 9–8–8–ACCESSIBLE SERVICE FOR THE PURPOSE OF 16
262+DETERMINING THE 9–8–8 FEE DUE UNDER PARAGR APH (1) OF THIS SUBSECTION . 17
279263
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. 781
264+ (3) CMRS PROVIDED TO MULTIPLE DEVICES THAT SHARE T HE SAME 18
265+TELEPHONE NUMBER SHA LL BE CONSIDERED A S INGLE 9–8–8–ACCESSIBLE 19
266+SERVICE FOR THE PURP OSE OF DET ERMINING THE 9–8–8 FEE DUE UNDER 20
267+PARAGRAPH (1) OF THIS SUBSECTION . 21
282268
283-– 7 –
269+ (4) A BROADBAND CONNECTION THAT IS NOT USED AS A TELEPHONE 22
270+SERVICE MAY NOT BE C ONSIDERED A SEPARATE VOICE CHANNEL CAPACI TY FOR THE 23
271+PURPOSE OF DETERMINI NG THE 9–8–8 FEE DUE UNDER PARAGR APH (1) OF THIS 24
272+SUBSECTION. 25
284273
285- (II) SHALL REMIT ALL MONEY COLLECTED TO THE
286-COMPTROLLER ON A MONT HLY BASIS;
274+ (E) (1) THE PUBLIC SERVICE COMMISSION SHALL DIRE CT EACH 26
275+TELEPHONE COMPANY TO ADD THE 9–8–8 FEE TO ALL CURRENT B ILLS RENDERED 27
276+FOR SWITCHED LOCAL E XCHANGE ACCESS SERVI CE IN THE STATE. 28
287277
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
278+ (2) EACH TELEPHONE COMPAN Y: 29
291279
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.
280+ (I) SHALL ACT AS A COLLECTION AGENT FOR THE FUND WITH 30
281+RESPECT TO THE 9–8–8 FEES; AND 31
296282
297- (3) THE COMPTROLLER SHALL DEPOSIT THE MO NEY REMITTED IN
298-THE FUND.
283+ (II) SHALL REMIT ALL MONEY COLLECTED TO THE 32
284+COMPTROLLER ON A MONT HLY BASIS. 33
285+ SENATE BILL 974 7
299286
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.
303287
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.
288+ (3) THE COMPTROLLER SHALL DEP OSIT THE MONEY REMIT TED IN 1
289+THE FUND. 2
307290
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.
291+ (F) (1) EACH 9–8–8 SERVICE CARRIER SHAL L ADD THE 9–8–8 FEE TO ALL 3
292+CURRENT BILLS RENDER ED FOR CMRS OR OTHER 9–8–8–ACCESSIBLE SERVICE I N 4
293+THE STATE. 5
313294
314- (I) THE COMPTROLLER SHALL ADO PT REGULATIONS TO CA RRY OUT THIS
315-SECTION.
295+ (2) EACH 9–8–8 SERVICE CARRIER : 6
316296
317-7.5–5A–04.
297+ (I) SHALL ACT AS A COLLEC TION AGENT FOR THE FUND WITH 7
298+RESPECT TO THE 9–8–8 FEES; 8
318299
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:
300+ (II) SHALL REMIT ALL MONEY COLLECTED TO THE 9
301+COMPTROLLER ON A MONT HLY BASIS; 10
323302
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. 781 2024 LAWS OF MARYLAND
303+ (III) SHALL KEEP RECORDS OF 9–8–8 FEES COLLECTED AND 11
304+REMITTED UNDER THIS PARAGRAPH FOR AT LEA ST 4 YEARS AFTER THE FEE IS 12
305+REMITTED; AND 13
327306
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;
307+ (IV) IS ENTITLED TO CREDIT , AGAINST THE MONEY FR OM THE 14
308+9–8–8 FEE TO BE REMITTED T O THE COMPTROLLER , AN AMOUNT EQUAL TO 0.5% OF 15
309+THE 9–8–8 FEE TO COVER THE EXP ENSES OF BILLING , COLLECTING, REMITTING, 16
310+AND KEEPING RECORDS OF THE 9–8–8 FEES. 17
331311
332- [(2)] (3) The additional services provided by the funding in each local
333-jurisdiction;
312+ (3) THE COMPTROLLER SHALL DEPOSIT THE MO NEY REMITTED IN 18
313+THE FUND. 19
334314
335- [(3)] (4) The amount of any unspent funds in the Fund; and
315+ (G) (1) THE COMPTROLLER SHALL ADO PT PROCEDURES FOR AU DITING 20
316+FEE COLLECTION AND R EMITTANCE BY TELEPHO NE COMPANIES AND CMRS 21
317+PROVIDERS. 22
336318
337- [(4)] (5) The reasons funds identified under item [(3)] (4) of this section
338-were not spent.
319+ (2) THE COMPTROLLER IS ENTITL ED TO AN AMOUNT EQUA L TO 0.5% 23
320+OF THE 9–8–8 FEES TO COVER THE EX PENSES OF CONDUCTING AUDITS UNDER THIS 24
321+SUBSECTION. 25
339322
340- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
341-as follows:
323+ (H) A CMRS PROVIDER THAT PAYS O R COLLECTS 9–8–8 FEES UNDER THIS 26
324+SECTION HAS THE SAME IMMUNITY FROM LIABIL ITY FOR TRANSMISSION FAILURES 27
325+AS THAT APPROVED BY THE PUBLIC SERVICE COMMISSION FOR LOCAL EXCHANGE 28
326+TELEPHONE COMPANIES THAT ARE SUBJECT TO REGULATION BY THE COMMISSION 29
327+UNDER THE PUBLIC UTILITIES ARTICLE. 30
342328
343-Article – Health – General
329+ (I) THE COMPTROLLER SHALL ADO PT REGULATIONS TO CA RRY OUT THIS 31
330+SECTION. 32
331+ 8 SENATE BILL 974
344332
345-7.5–5A–01.
346333
347- (a) In this subtitle the following words have the meanings indicated.
334+7.5–5A–04. 1
348335
349- (I) “SELLER” MEANS A PERSON THAT SELLS PREPAID WIRELE SS
350-TELECOMMUNICATIONS S ERVICE TO ANOTHER PE RSON.
336+ On or before December 1 each year, the Department shall submit a report to the 2
337+Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House 3
338+Appropriations Committee, in accordance with § 2–1257 of the State Government Article, 4
339+that includes for the immediately preceding fiscal year a detailed description of: 5
351340
352- [(i)] (J) “Telephone company” has the meaning stated in § 1–101 of the Public
353-Utilities Article.
341+ (1) The amount of funds transferred and distributed from the Fund in 6
342+accordance with § 7.5–5A–02(b) of this subtitle; 7
354343
355-7.5–5A–02.
344+ (2) THE AMOUNT OF FUNDS C OLLECTED AND REMITTE D TO THE 8
345+COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE; 9
356346
357- (a) There is a 9–8–8 Trust Fund.
347+ [(2)] (3) The additional services provided by the funding in each local 10
348+jurisdiction; 11
358349
359- (e) The Fund consists of:
350+ [(3)] (4) The amount of any unspent funds in the Fund; and 12
360351
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;
352+ [(4)] (5) The reasons funds identified under item [(3)] (4) of this section 13
353+were not spent. 14
363354
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;
355+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
356+as follows: 16
366357
367- [(2)] (3) Money appropriated in the State budget to the Fund;
358+Article – Health – General 17
368359
369- [(3)] (4) Interest earnings of the Fund; and
360+7.5–5A–01. 18
370361
371- [(4)] (5) Any other money from any other source accepted for the benefit
372-of the Fund.
373- WES MOORE, Governor Ch. 781
362+ (a) In this subtitle the following words have the meanings indicated. 19
374363
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.
364+ (I) “SELLER” MEANS A PERSON THAT SELLS PREPAID WIRELE SS 20
365+TELECOMMUNICATIONS S ERVICE TO ANOTHER PE RSON. 21
381366
382-7.5–5A–03.2.
367+ [(i)] (J) “Telephone company” has the meaning stated in § 1–101 of the Public 22
368+Utilities Article. 23
383369
384- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
385-INDICATED.
370+7.5–5A–02. 24
386371
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.
372+ (a) There is a 9–8–8 Trust Fund. 25
390373
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.
374+ (e) The Fund consists of: 26
394375
395- (B) (1) THE PREPAID WIRELESS 9–8–8 FEE IS 25 CENTS PER RETAIL
396-TRANSACTION .
376+ (1) Money from the 9–8–8 fee collected and remitted to the Comptroller 27
377+under § 7.5–5A–03.1 of this subtitle; 28
378+ SENATE BILL 974 9
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.
401380
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.
381+ (2) MONEY FROM THE PREPAI D WIRELESS 9–8–8 FEE COLLECTED 1
382+AND REMITTED TO THE COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE; 2
406383
407- (3) A RETAIL TRANSACTION O CCURS IN THE STATE IF:
384+ [(2)] (3) Money appropriated in the State budget to the Fund; 3
408385
409- (I) THE SALE OR RECHAR GE TAKES PLACE AT TH E SELLER’S
410-PLACE OF BUSINESS LO CATED IN THE STATE;
386+ [(3)] (4) Interest earnings of the Fund; and 4
411387
412- (II) THE CONSUMER ’S SHIPPING ADDRESS I S IN THE STATE; OR
388+ [(4)] (5) Any other money from any other source accepted for the benefit 5
389+of the Fund. 6
413390
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. 781 2024 LAWS OF MARYLAND
391+ (l) (1) Subject to paragraph (2) of this subsection, the Comptroller shall 7
392+distribute to an administrative cost account the amount necessary to administer the fees 8
393+and to cover the expenses of conducting audits under this section from the 9–8–8 fee 9
394+revenue collected and remitted to the Comptroller under [§ 7.5–5A–03.1] §§ 7.5–5A–03.1 10
395+AND 7.5–5A–03.2 of this subtitle. 11
418396
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 .
397+7.5–5A–03.2. 12
423398
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.
399+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13
400+INDICATED. 14
427401
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.
402+ (2) “PREPAID WIRELESS 9–8–8 FEE” MEANS THE FEE THAT I S 15
403+REQUIRED TO BE COLLE CTED BY A SELLER FRO M A CONSUMER IN THE AMOU NT 16
404+ESTABLISHED UNDER TH IS SECTION. 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+ (3) “PROVIDER” MEANS A PERSON THAT PROVIDES PREPAID 18
407+WIRELESS TELECOMMUNI CATIONS SERVICE UNDE R A LICENSE ISSUED B Y THE 19
408+FEDERAL COMMUNICATIONS COMMISSION. 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+ (B) (1) THE PREPAID WIRELESS 9–8–8 FEE IS 25 CENTS PER RETAIL 21
411+TRANSACTION . 22
439412
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.
413+ (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 23
414+PARAGRAPH , THE SELLER SHALL COL LECT THE PREPAID WIR ELESS 9–8–8 FEES FEE 24
415+FROM THE CONSUMER FO R EACH RETAIL TRANSA CTION IN THE STATE. 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+ (II) A SELLER MAY NOT COLLE CT A PREPAID WIRELES S 9–8–8 26
418+FEE FROM A CONSUMER IF THE CONSUMER IS CERTIFIED AS ELIGIBL E FOR 27
419+ENROLLED IN THE LIFELINE PROGRAM ESTABLISHED BY THE FEDERAL 28
420+COMMUNICATIONS COMMISSION. 29
449421
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 .
422+ (3) A RETAIL TRANSACTION O CCURS IN THE STATE IF: 30
455423
456- (J) (I) THE COMPTROLLER SHALL ADO PT REGULATIONS TO CA RRY OUT
457-THIS SECTION.
424+ (I) THE SALE OR RECHARGE TAKES PLACE AT THE S ELLER’S 31
425+PLACE OF BUSINESS LO CATED IN THE STATE; 32 10 SENATE BILL 974
458426
459-7.5–5A–04.
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. 781
463428
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:
429+ (II) THE CONSUMER ’S SHIPPING ADDRESS I S IN THE STATE; OR 1
467430
468- (1) The amount of funds transferred and distributed from the Fund in
469-accordance with § 7.5–5A–02(b) of this subtitle;
431+ (III) NO ITEM IS SHIPPED , BUT THE CONSUMER ’S BILLING 2
432+ADDRESS OR THE LOCAT ION ASSOCIATED WITH THE CONSUMER ’S MOBILE 3
433+TELEPHONE NUMBER IS IN THE STATE. 4
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+ (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 5
436+THE PREPAID WIRELESS 9–8–8 FEE IS THE LIABILITY OF THE CONSUMER AND NOT 6
437+OF THE SELLER OR OF ANY PROVIDER . 7
473438
474- (2) The amount of funds collected and remitted to the Comptroller under §
475-7.5–5A–03.1 of this subtitle;
439+ (2) THE SELLER IS LIABLE FOR REMITTING ALL PREPAI D WIRELESS 8
440+9–8–8 FEES THAT THE SELLER COLLECTS FROM CONSUM ERS AS PROVIDED IN T HIS 9
441+SECTION. 10
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+ (D) A SELLER MAY DEDUCT AN D RETAIN 3% OF PREPAID WIRELESS 9–8–8 11
444+FEES COLLECTED FROM CONSUMERS TO COVER T HE EXPENSES OF COLLE CTING 12
445+AND REMITTIN G THE PREPAID WIRELE SS 9–8–8 FEE. 13
479446
480- [(2) (3)] (4) The additional services provided by the funding in each local
481-jurisdiction;
447+ (E) A SELLER SHALL REPORT AND REMIT TO THE COMPTROLLER ALL 14
448+PREPAID WIRELESS 9–8–8 FEES COLLECTED BY TH E SELLER IN A MANNER 15
449+PROVIDED FOR THE REM ITTING OF THE SALES AND USE TAX UNDER TITLES 11 AND 16
450+13 OF THE TAX – GENERAL ARTICLE. 17
482451
483- [(3) (4)] (5) The amount of any unspent funds in the Fund; and
452+ (F) THE COMPTROLLER SHALL DEP OSIT ALL REPORTED AN D REMITTED 18
453+PREPAID WIRELESS 9–8–8 FEES INTO THE FUND WITHIN 30 DAYS AFTER RECEIPT . 19
484454
485- [(4) (5)] (6) The reasons funds identified under item [(3) (4)] (5) of this
486-section were not spent.
455+ (G) FOR THE PURPOSE OF TH IS SECTION, THE AUDIT AND APPEAL 20
456+PROCEDURES ESTABLISH ED FOR THE SALES AND USE TAX UNDER TITLES 11 AND 13 21
457+OF THE TAX – GENERAL ARTICLE APPLY. 22
487458
488- SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
489-effect July 1, 2027.
459+ (H) (G) PROVIDERS AND SELLERS OF PREPAID WIRELESS 23
460+TELECOMMUNICATIONS S ERVICE HAVE THE SAME IMMUNITY FROM LIABIL ITY FOR 24
461+TRANSMISSION FAILURE S AS THAT APPROVED B Y THE PUBLIC SERVICE 25
462+COMMISSION FOR LOCAL EXCHANGE TELEPHONE C OMPANIES THAT ARE SU BJECT 26
463+TO REGULATION BY THE COMMISSION UNDER THE PUBLIC UTILITIES ARTICLE. 27
490464
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.
465+ (I) (H) A TAX, FEE, SURCHARGE , OR OTHER CHARGE MAY NOT BE 28
466+IMPOSED BY THE STATE, A POLITICAL SUBDIVIS ION OF THE STATE, OR AN 29
467+INTERGOVERNMENTAL AG ENCY FOR 9–8–8 FUNDING PURPOSES ON A PROVIDER, 30
468+SELLER, OR CONSUMER WITH RES PECT TO THE SALE , PURCHASE, USE, OR 31
469+PROVISION OF PREPAID WIRELESS TELECOMMUNI CATIONS SERVICE . 32
470+ SENATE BILL 974 11
493471
494-Approved by the Governor, May 16, 2024.
472+
473+ (J) (I) THE COMPTROLLER SHALL ADO PT REGULATIONS TO CA RRY OUT 1
474+THIS SECTION. 2
475+
476+7.5–5A–04. 3
477+
478+ On or before December 1 each year, the Department shall submit a report to the 4
479+Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House 5
480+Appropriations Committee, in accordance with § 2–1257 of the State Government Article, 6
481+that includes for the immediately preceding fiscal year a detailed description of: 7
482+
483+ (1) The amount of funds transferred and distributed from the Fund in 8
484+accordance with § 7.5–5A–02(b) of this subtitle; 9
485+
486+ (2) THE AMOUNT OF FUNDS C OLLECTED AND REMITTED T O THE 10
487+COMPTROLLER UNDER § 7.5–5A–03.1 OF THIS SUBTITLE; 11
488+
489+ (2) The amount of funds collected and remitted to the Comptroller under § 12
490+7.5–5A–03.1 of this subtitle; 13
491+
492+ (3) THE AMOUNT OF FUNDS C OLLECTED AND REMITTE D TO THE 14
493+COMPTROLLER UNDER § 7.5–5A–03.2 OF THIS SUBTITLE; 15
494+
495+ [(2) (3)] (4) The additional services provided by the funding in each local 16
496+jurisdiction; 17
497+
498+ [(3) (4)] (5) The amount of any unspent funds in the Fund; and 18
499+
500+ [(4) (5)] (6) The reasons funds identified under item [(3) (4)] (5) of this 19
501+section were not spent. 20
502+
503+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 21
504+effect July 1, 2027. 22
505+
506+ SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in 23
507+Section 3 of this Act, this Act shall take effect October 1, 2024. 24
508+