EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb1002* HOUSE BILL 1002 E4, Q4 5lr2352 By: Delegates Hornberger, Arikan, Bouchat, Grammer, Griffith, Pruski, and Schmidt Introduced and read first time: January 31, 2025 Assigned to: Economic Matters A BILL ENTITLED AN ACT concerning 1 Consumer and Display Fireworks – Regulation and Tax 2 FOR the purpose of authorizing the sale and possession of certain consumer fireworks, 3 subject to certain requirements and restrictions; altering certain provisions to 4 establish that certain provisions authorizing the State Fire Marshal to issue a 5 certain permit relating to fireworks apply only to certain display fireworks; 6 authorizing a county to opt out of certain provisions regulating the sale and 7 possession of certain consumer fireworks; establishing a certain sales and use tax 8 rate for certain fireworks; requiring the revenue from a certain tax to be distributed 9 to certain funds; and generally relating to consumer and display fireworks. 10 BY repealing and reenacting, with amendments, 11 Article – Public Safety 12 Section 1–308, 8–102, 10–101, 10–103, 10–104, and 10–110 13 Annotated Code of Maryland 14 (2022 Replacement Volume and 2024 Supplement) 15 BY adding to 16 Article – Public Safety 17 Section 10–102.1 and 10–114 18 Annotated Code of Maryland 19 (2022 Replacement Volume and 2024 Supplement) 20 BY repealing and reenacting, without amendments, 21 Article – Public Safety 22 Section 10–109 and 10–111 23 Annotated Code of Maryland 24 (2022 Replacement Volume and 2024 Supplement) 25 BY adding to 26 2 HOUSE BILL 1002 Article – Tax – General 1 Section 2–1302.5 and 11–104(l) 2 Annotated Code of Maryland 3 (2022 Replacement Volume and 2024 Supplement) 4 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 That the Laws of Maryland read as follows: 6 Article – Public Safety 7 10–101. 8 (a) In this title the following words have the meanings indicated. 9 (b) [(1)] “1.3 G fireworks” means special fireworks: 10 (1) designed primarily to produce visible or audible effects by combustion 11 or explosion[.]; 12 [(2) “1.3 G fireworks” includes: 13 (i) toy torpedoes, railway torpedoes, firecrackers and salutes that do 14 not qualify as 1.4 G fireworks, exhibition display pieces, illuminating projectiles, incendiary 15 projectiles, and incendiary grenades; 16 (ii) smoke projectiles or bombs containing expelling charges but 17 without bursting charges; 18 (iii) flash powders in inner units not exceeding 2 ounces each, flash 19 sheets in interior packages, and flash powder or spreader cartridges containing an amount 20 not exceeding 72 grains of flash powder each; and 21 (iv) flash cartridges consisting of a paper cartridge shell, small arms 22 primer, and flash composition, not exceeding 180 grains, all assembled in one piece.] 23 (2) THAT MEET THE FEDERA L REGULATIONS FOR 1.3 G FIREWORKS; 24 AND 25 (3) THAT COMPLY WITH THE CONSTRUCTION , PERFORMANCE , 26 COMPOSITION , AND LABELING REQUIRE MENTS ADOPTED BY THE CONSUMER 27 PRODUCT SAFETY COMMISSION IN TITLE 16 OF THE CODE OF FEDERAL 28 REGULATIONS RELATING TO COMMERCIAL PRACTI CES. 29 (c) [(1)] “1.4 G fireworks” means common fireworks: 30 HOUSE BILL 1002 3 (1) designed primarily to produce visible effects by combustion[.]; 1 [(2) “1.4 G fireworks” includes: 2 (i) small devices containing less than 2 grains of pyrotechnic 3 composition designed to produce an audible effect; 4 (ii) Roman candles, not exceeding 10 balls, that have a total 5 pyrotechnic composition not exceeding 20 grams and inside tube diameter not exceeding 6 3/8 inch; 7 (iii) sky rockets with sticks, that have a total pyrotechnic composition 8 not exceeding 20 grams and an inside tube diameter not exceeding 1/2 inch; 9 (iv) helicopter–type rockets that have a total pyrotechnic composition 10 not exceeding 20 grams and an inside tube diameter not exceeding 1/2 inch; 11 (v) wheels that have a total pyrotechnic composition not exceeding 12 60 grams for each driver unit or 240 grams for each wheel and an inside tube diameter of 13 driver units not exceeding 1/2 inch; 14 (vi) illuminating torches and colored fire in any form that have a total 15 pyrotechnic composition not exceeding 100 grams each; 16 (vii) dipped sticks that have a pyrotechnic composition containing any 17 perchlorate not exceeding 5 grams; 18 (viii) mines or shells in which the mortar is an integral part, that have 19 a total pyrotechnic composition not exceeding 40 grams; 20 (ix) firecrackers or salutes with casings that have a total pyrotechnic 21 composition not exceeding 2 grains each and external dimensions not exceeding 1 1/2 inches 22 in length or 1/4 inch in diameter; and 23 (x) novelties that consist of two or more 1.4 G fireworks.] 24 (2) THAT MEET THE FEDERA L REGULATIONS FOR 1.4 G FIREWORKS; 25 AND 26 (3) THAT COMPLY WITH THE CONSTRUCTION , PERFORMANCE , AND 27 LABELING REQUIREMENT S ADOPTED BY THE CONSUMER PRODUCT SAFETY 28 COMMISSION IN TITLE 16 OF THE CODE OF FEDERAL REGULATIONS RE LATING TO 29 COMMERCIAL PRACTICES . 30 (D) “APA 87–1” MEANS THE AMERICAN PYROTECHNICS ASSOCIATION 31 STANDARD 87–1: “STANDARD FOR CONSTRUCTION AND APPROVAL FOR 32 4 HOUSE BILL 1002 TRANSPORTATION OF FIREWORKS, NOVELTIES, AND THEATRICAL 1 PYROTECHNICS ”, 2001 EDITION, OR ANY SUBSEQUENT ED ITION. 2 (E) “CONSUMER FIREWORKS ” MEANS ANY COMBUSTIBL E OR EXPLOSIVE 3 COMPOSITION OR ANY S UBSTANCE OR COMBINAT ION OF SUBSTANCES TH AT: 4 (1) IS INTENDED TO PRODU CE VISIBLE OR AUDIBL E EFFECTS BY 5 COMBUSTION ; 6 (2) IS SUITABLE FOR USE BY THE PUBLIC; 7 (3) COMPLIES WITH THE CO NSTRUCTION, PERFORMANCE , 8 COMPOSITION , AND LABELING REQUIRE MENTS ADOPTED BY THE CONSUMER 9 PRODUCT SAFETY COMMISSION IN TITLE 16 OF THE CODE OF FEDERAL 10 REGULATIONS RELATING TO COMMERCIAL PRACTI CES; AND 11 (4) COMPLIES WITH THE PR OVISIONS FOR “CONSUMER FIREWORKS ” 12 AS DEFINED IN APA 87–1 OR ANY SUCCESSOR STA NDARD. 13 (F) (1) “DISPLAY FIREWORKS ” MEANS LARGE FIREWORK S TO BE USED 14 SOLELY BY PROFESSION AL PYROTECHNICIANS THAT ARE DESIGNED PRIMARILY T O 15 PRODUCE VISIBLE OR A UDIBLE EFFECTS BY CO MBUSTION, DEFLAGRATION , OR 16 DETONATION . 17 (2) “DISPLAY FIREWORKS ” INCLUDES: 18 (I) SALUTES THAT CONTAIN MORE THAN 2 GRAINS OR 130 19 MILLIGRAMS OF EXPLOS IVE MATERIALS; 20 (II) AERIAL SHELLS CONTAI NING MORE THAN 60 GRAMS OF 21 PYROTECHNIC COMPOSIT IONS; AND 22 (III) OTHER DISPLAY PIECES THAT EXCEED THE LIMI TS OF 23 EXPLOSIVE MATERIALS FOR CLASSIFICATION A S CONSUMER FIREWORKS AND ARE 24 CLASSIFIED AS FIREWO RKS UN0333, UN0334, OR UN0335 UNDER 49 C.F.R. § 25 172.101, RELATING TO THE PURP OSE AND USE OF THE H AZARDOUS MATERIALS 26 TABLE. 27 [(d)] (G) “Explosive composition” means a mixture or substance that, when 28 ignited, may cause such a generation of highly heated gases that the resulting gaseous 29 pressures are capable of producing destructive effects on contiguous objects. 30 [(e)] (H) “Finishing and assembling building” means a structure in which 31 fireworks are assembled and packed but are not mixed or pressed. 32 HOUSE BILL 1002 5 [(f)] (I) (1) [“Fireworks” means combustible, implosive or explosive 1 compositions, substances, combinations of substances, or articles that are prepared to 2 produce a visible or audible effect by combustion, explosion, implosion, deflagration, or 3 detonation. 4 (2)] “Fireworks” includes 1.3 G fireworks, 1.4 G fireworks, [firecrackers, 5 squibs, rockets, Roman candles, fire balloons, and signal lights] CONSUMER FIREWORKS , 6 AND DISPLAY FIREWORK S. 7 [(3)] (2) “Fireworks” does not include: 8 (i) toy pistols, toy canes, toy guns, or other devices that use paper 9 caps that contain 0.25 grains or less of explosive composition if the devices are constructed 10 so that a hand cannot touch the cap when the cap is in place for use; 11 (ii) toy pistol paper caps that contain less than 0.20 grains of 12 explosive composition; 13 (iii) sparklers that do not contain chlorates or perchlorates; 14 (iv) ground–based sparkling devices that are nonaerial and 15 nonexplosive, and are labeled in accordance with the requirements of the U.S. Consumer 16 Product Safety Commission; 17 (v) paper wrapped snappers that contain less than 0.03 grains of 18 explosive composition; or 19 (vi) ash–producing pellets known as “snakes” that do not contain 20 mercury and are not regulated by the U.S. Department of Transportation. 21 [(g)] (J) (1) “Fireworks plant” means land and any building on the land used 22 in connection with the manufacture, packaging, repackaging, or processing of fireworks. 23 (2) “Fireworks plant” includes a storage building used in connection with 24 plant operation. 25 [(h)] (K) “Mixing building” means a building primarily used to mix and blend 26 pyrotechnic composition other than wet sparkler mixes. 27 [(i)] (L) “Press building” means a building used primarily for pressing or 28 loading pyrotechnic composition into tubes or containers. 29 [(j)] (M) “Pyrotechnic composition” means a chemical mixture that on burning 30 and without explosion produces visible or brilliant displays, bright lights, or whistles. 31 6 HOUSE BILL 1002 [(k)] (N) “Storage building” means a structure in which finished fireworks or 1 fireworks in any state of processing are stored, but in which processing or manufacturing 2 is not performed. 3 10–102.1. 4 (A) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A PERSON 5 WHO IS AT LEAST 18 YEARS OLD AND MEETS THE REQUIREMENTS OF THIS TITLE MAY 6 PURCHASE, POSSESS, AND USE CONSUMER FIR EWORKS. 7 (B) A PERSON MAY NOT INTEN TIONALLY IGNITE OR DISCHARGE CONSUME R 8 FIREWORKS: 9 (1) ON PUBLIC PROPERTY O R ON PRIVATE PROPERT Y WITHOUT THE 10 EXPRESS PERMISSION O F THE OWNER; 11 (2) WITHIN, INTO, AT, OR FROM A MOTOR VEHI CLE, A WATERCRAFT , 12 AN AIRCRAFT, AN UNMANNED AIRCRAFT SYSTEM, OR A BUILDING; 13 (3) AT ANOTHER PERSON ; 14 (4) WHILE THE PERSON IS UNDER THE INFLUENCE OF ALCOHOL , A 15 CONTROLLED SUBSTANCE , OR ANOTHER DRUG ; 16 (5) EXCEPT AS PROVIDED I N ITEMS (6) AND (7) OF THIS SUBSECTION , 17 WITHIN 300 FEET OF A STRUCTURE ; 18 (6) WITHIN 150 FEET OF AN ANIMAL HO USING FACILITY OR A FENCED 19 AREA DESIGNED TO CON FINE LIVESTOCK THAT IS OWNED OR MANAGED BY ANOTHER 20 PERSON; OR 21 (7) BETWEEN 150 AND 300 FEET FROM AN ANIMAL HOUSING FACILITY 22 OR A FENCED AREA DES IGNED TO CONFINE LIV ESTOCK THAT IS OWNED OR 23 MANAGED BY ANOTHER PERSON, UNLESS THE PERSON IG NITING OR DISCHARGIN G 24 THE CONSUMER FIREWOR KS NOTIFIES THE OWNE R OR MANAGER OF THE 25 LIVESTOCK, IN WRITING, THAT THE PERSON INTE NDS TO IGNITE OR DIS CHARGE 26 CONSUMER FIREWORKS I N THAT LOCATION , AT LEAST 72 HOURS BEFORE THE 27 PERSON IGN ITES OR DISCHARGES T HE CONSUMER FIREWORK S. 28 (C) THIS SECTION MAY NOT BE CONSTRUED TO REGU LATE THE SALE , 29 POSSESSION, OR USE OF ANY OF THE DEVICES LISTED IN § 10–101(I)(2) OF THIS 30 SUBTITLE. 31 (D) THIS SECTION DOES NOT APPLY TO A COUNTY TH AT ADOPTS A LOCAL 32 HOUSE BILL 1002 7 LAW PROHIBITING THE PURCHASE, POSSESSION, AND USE OF CONSUMER 1 FIREWORKS IN THE COU NTY. 2 10–103. 3 (a) Subject to subsections (b) and (c) of this section, the State Fire Marshal may 4 issue a permit to authorize the discharge of DISPLAY fireworks in a place where the 5 discharge of DISPLAY fireworks is legal. 6 (b) The State Fire Marshal shall issue a permit to discharge DISPLAY fireworks 7 only if the State Fire Marshal determines that the proposed discharge of fireworks will: 8 (1) not endanger health or safety or damage property; and 9 (2) be supervised by an experienced and qualified person who has 10 previously secured written authority from the State Fire Marshal to discharge fireworks. 11 (c) A permit to discharge DISPLAY fireworks: 12 (1) does not authorize the holder of the permit to possess or discharge 13 fireworks in violation of an ordinance or regulation of the political subdivision where the 14 fireworks are to be discharged; and 15 (2) does not relieve an applicant for a permit from any requirement to 16 obtain any additional license or authority from the governing body of the political 17 subdivision where the fireworks are to be discharged. 18 10–104. 19 (a) A person must have a permit to discharge DISPLAY fireworks as provided by 20 this subtitle before the person: 21 (1) discharges DISPLAY fireworks; or 22 (2) possesses DISPLAY fireworks with the intent to discharge DISPLAY 23 fireworks or to allow the discharge of DISPLAY fireworks. 24 (b) An applicant for a permit to discharge DISPLAY fireworks shall: 25 (1) apply to the State Fire Marshal for the permit at least 10 days before 26 the date of discharge; 27 (2) pay to the State Fire Marshal a permit fee of $50; and 28 (3) post a bond with the State Fire Marshal in accordance with § 10–105 of 29 this subtitle. 30 8 HOUSE BILL 1002 (c) If the State Fire Marshal does not receive the application for a permit required 1 under subsection (b) of this section at least 10 days before the date of the discharge, the 2 State Fire Marshal shall charge the applicant a late fee of $50 in addition to all required 3 fees. 4 (d) The permit fee required under subsection (b)(2) of this section and the late fee 5 required under subsection (c) of this section do not apply to a volunteer fire department or 6 volunteer ambulance and rescue company. 7 (e) A permit to discharge DISPLAY fireworks is nontransferable. 8 10–109. 9 The State Fire Prevention Commission shall adopt regulations to carry out this 10 subtitle. 11 10–110. 12 (a) Unless the person holds a permit issued under this subtitle, a person may not: 13 (1) discharge DISPLAY fireworks; or 14 (2) possess DISPLAY fireworks: 15 (i) with intent to discharge or allow the discharge of the DISPLAY 16 fireworks in violation of this subtitle; or 17 (ii) for the purpose of disposing or selling the DISPLAY fireworks to 18 a person for use or discharge without a permit, if a permit is required by this subtitle. 19 (b) (1) Except as otherwise provided in this subtitle, a person may not sell 20 DISPLAY fireworks to another person without a permit issued under this subtitle. 21 (2) (i) A person licensed by the State Fire Marshal under Subtitle 2 of 22 this title may sell or deliver fireworks to a bona fide distributor, jobber, or wholesaler with 23 a principal place of business in a state where the sale or possession of fireworks is allowed. 24 (ii) The State Fire Marshal may require a person who is an 25 out–of–state distributor, jobber, or wholesaler to submit a certificate issued by the person’s 26 state of operation that demonstrates authority to buy and receive fireworks. 27 10–111. 28 (a) A person who possesses or discharges fireworks in violation of this subtitle is 29 guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250 for each 30 HOUSE BILL 1002 9 offense. 1 (b) A person who sells fireworks in violation of this subtitle is guilty of a 2 misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each offense. 3 (c) (1) At the expense of the owner, the State Fire Marshal shall seize and 4 remove all fireworks possessed or sold in violation of this subtitle. 5 (2) Fireworks described in paragraph (1) of this subsection shall be 6 forfeited and destroyed. 7 10–114. 8 (A) EXCEPT AS PROVIDED IN SUBSECTION S (B) AND (C) OF THIS SECTION , 9 CONSUMER FIREWORKS M AY BE SOLD ONLY FROM A STAND–ALONE PERMANENT 10 STRUCTURE THAT : 11 (1) IS LICENSED BY THE STATE FIRE MARSHAL; 12 (2) HAS A STORAGE AREA T HAT IS SEPARATED FRO M WHOLESALE OR 13 RETAIL SALES AREAS T O WHICH A PURCHASER MAY BE ADMITTED BY 14 APPROPRIATELY RATED FIRE SEPARATION ; 15 (3) IS LOCATED AT LEAST 250 FEET FROM ANY FACILI TY THAT 16 STORES, SELLS, OR DISPENSES GASOLIN E, PROPANE, OR OTHER FLAMMABLE 17 PRODUCTS; 18 (4) IS LOCATED AT LEAST 1,500 FEET FROM ANY OTHER FACILITY 19 LICENSED TO SELL CON SUMER FIREWORKS ; 20 (5) HAS A MONITORED BURG LAR AND FIRE ALARM S YSTEM; AND 21 (6) CONDUCTS Q UARTERLY FIRE DRILLS AND PREPLANNING 22 MEETINGS AS REQUIRED BY THE PRIMARY FIRE DEPARTMENT IN THE JU RISDICTION 23 OF THE FACILITY. 24 (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION AND 25 SUBSECTION (C) OF THIS SECTION , CONSUMER FIREWORKS M AY BE SOLD FROM A 26 TEMPORARY STRUCTURE IF THE TEMPORARY STR UCTURE: 27 (I) IS LICENSED BY THE STATE FIRE MARSHAL; 28 (II) IS LOCATED AT LEAST 250 FEET FROM ANY FACILI TY THAT 29 STORES, SELLS, OR DISPENSES GASOLIN E, PROPANE, OR OTHER FLAMMABLE 30 10 HOUSE BILL 1002 PRODUCTS; 1 (III) HAS AN EVACUAT ION PLAN POSTED IN A CONSPICUOUS 2 LOCATION FOR A TEMPO RARY STRUCTURE IN AC CORDANCE WITH NFPA 1124; 3 (IV) HAS ANY OUTDOOR STORAGE UNIT SEPARATED FROM THE 4 WHOLESALE OR RETAIL SALES AREA TO WHICH A PURCHASER MAY BE A DMITTED BY 5 APPROPRIATELY RATED FIRE SEPARATION; 6 (V) COMPLIES WITH NFPA 1124 AS IT RELATES TO RET AIL 7 SALES OF CONSUMER FI REWORKS IN TEMPORARY STRUCTURES ; 8 (VI) IS LOCATED AT LEAST 2 MILES FROM ANY PERMA NENT 9 FACILITY LICENSED TO SELL CONSUMER FIREWO RKS; 10 (VII) DOES NOT EXCEED 2,500 SQUARE FEET; 11 (VIII) IS SECURED AT ALL TI MES DURING WHICH CON SUMER 12 FIREWORKS ARE DISPLA YED WITHIN THE STRUC TURE; 13 (IX) HAS A MINIMUM OF $2,000,000 IN PUBLIC AND PRODUC T 14 LIABILITY INSURANCE ; 15 (X) HAS A SALES PERIOD L IMITED TO JUNE 15 THROUGH JULY 16 8 AND DECEMBER 21 THROUGH JANUARY 2 EACH YEAR; AND 17 (XI) STORES CONSUMER FIRE WORKS NOT ON DISPLAY FOR 18 RETAIL SALE IN AN OU TDOOR STORAGE UNIT . 19 (2) THE SALE OF CONSUMER FIREWORKS FROM A TEM PORARY 20 STRUCTURE IS LIMITED TO THE FOLLOWING : 21 (I) HELICOPTER, AERIAL SPINNER (APA 87–1, 3.1.2.3); 22 (II) ROMAN CANDLE (APA 87–1, 3.1.2.4); AND 23 (III) MINE AND SHELL DEVIC ES NOT EXCEEDING 500 GRAMS. 24 (C) THIS SECTION DOES NOT APPLY TO A COUNTY TH AT ADOPTS A LOCAL 25 LAW PROHIBITING THE SALE OF CONSUMER FIR EWORKS IN TH E COUNTY. 26 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27 as follows: 28 HOUSE BILL 1002 11 Article – Public Safety 1 1–308. 2 (a) There is a 9–1–1 Trust Fund. 3 (b) (1) Except as provided in paragraph (2) of this subsection and subject to § 4 1–309.1 of this subtitle, the purposes of the 9–1–1 Trust Fund are to: 5 (i) reimburse counties for the cost of enhancing a 9–1–1 system; 6 (ii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; 7 and 8 (iii) fund the coordinator position and staff to handle the increased 9 duties related to wireless enhanced 9–1–1 service under § 1–305 of this subtitle, as an 10 administrative cost. 11 (2) Subject to paragraph (3) of this subsection, in addition to the purposes 12 described under paragraph (1) of this subsection, the purposes of the 9–1–1 Trust Fund 13 include funding: 14 (i) the operation and maintenance of 9–1–1 systems, enhanced 15 9–1–1 systems, and Next Generation 9–1–1 services, including: 16 1. equipment and software utilized directly for providing 17 9–1–1 services by a public safety answering point; 18 2. protocol systems and software utilized directly for 19 providing 9–1–1 services by a public safety answering point; 20 3. interpretation services provided for a public safety 21 answering point; 22 4. services provided for a public safety answering point to 23 ensure improved access to individuals with disabilities and other individuals who use 24 assistive technology; and 25 5. voice, data, and call log recorders utilized to capture 26 information from 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 27 services; 28 (ii) the operation and maintenance of 9–1–1 systems, enhanced 29 9–1–1 systems, and Next Generation 9–1–1 services connectivity and infrastructure 30 equipment, including: 31 1. automatic number and location identification; and 32 12 HOUSE BILL 1002 2. Primary Rate Interface and Session Initiation Protocol 1 trunking for 10–digit emergency and nonemergency lines; 2 (iii) geographical information systems hardware, software, data 3 development, and data management costs incurred for the effective operation of 9–1–1 4 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services, including: 5 1. mapping equipment; 6 2. interfaces to computer–aided dispatch; and 7 3. geographical information systems base layer development 8 and management; 9 (iv) public safety answering point facilities costs, including access 10 control, security systems, and standby power; 11 (v) costs for public education materials; 12 (vi) the training of county personnel working in or directly 13 supporting a public safety answering point; 14 (vii) the provision of tuition reimbursement for 9–1–1 specialists for 15 educational programs related to the 9–1–1 specialist career field; 16 (viii) costs to maintain the cybersecurity of 9–1–1 systems, enhanced 17 9–1–1 systems, and Next Generation 9–1–1 services; 18 (ix) costs of 9–1–1 specialist recruitment activities as described in § 19 1–306(b)(17) of this subtitle; and 20 (x) costs of telecommunications cardiopulmonary resuscitation 21 training. 22 (3) Funding allocated in accordance with paragraph (2) of this subsection 23 may not be utilized for any purpose associated with the 9–8–8 suicide prevention hotline. 24 (c) The 9–1–1 Trust Fund consists of: 25 (1) money from the 9–1–1 fee collected and remitted to the Comptroller 26 under § 1–310 of this subtitle; 27 (2) money from the additional charge collected and remitted to the 28 Comptroller under § 1–311 of this subtitle; 29 (3) money from the prepaid wireless E 9–1–1 fee collected and remitted to 30 HOUSE BILL 1002 13 the Comptroller under § 1–313 of this subtitle; 1 (4) MONEY DISTRIBUTED TO THE FUND FROM THE CONSUME R 2 FIREWORKS TAX UNDER §§ 2–1302.5 AND 11–104 OF THE TAX – GENERAL ARTICLE; 3 and 4 [(4)] (5) investment earnings of the 9–1–1 Trust Fund. 5 (d) Money in the 9–1–1 Trust Fund shall be held in the State Treasury. 6 (e) The Secretary shall administer the 9–1–1 Trust Fund, subject to the 7 guidelines for financial management and budgeting established by the Department of 8 Budget and Management. 9 (f) The Secretary shall direct the Comptroller to establish separate accounts in 10 the 9–1–1 Trust Fund for the payment of administrative expenses and for each county. 11 (g) (1) Any investment earnings shall be credited to the 9–1–1 Trust Fund. 12 (2) The Comptroller shall allocate the investment income among the 13 accounts in the 9–1–1 Trust Fund, prorated on the basis of the total fees collected in each 14 county. 15 8–102. 16 (a) There is a Senator William H. Amoss Fire, Rescue, and Ambulance Fund. 17 (b) The purposes of the Fund are to promote: 18 (1) the delivery of effective and high quality fire protection, rescue, and 19 ambulance services in the State; 20 (2) increased financial support for fire, rescue, and ambulance companies 21 by counties; and 22 (3) the continued financial viability of volunteer fire, rescue, and 23 ambulance companies given the greatly increased costs of equipment. 24 (c) (1) The Secretary shall administer the Fund. 25 (2) Subject to paragraph (3) of this subsection, the Secretary may adopt 26 procedures to carry out this subtitle, including additional auditing and reporting 27 requirements. 28 (3) The Secretary may not impose training or operational requirements as 29 a precondition to receipt of money, except as otherwise expressly provided in this subtitle. 30 14 HOUSE BILL 1002 (d) The Fund consists of: 1 (1) money appropriated in the State budget to the Fund; 2 (2) MONEY DISTRIBUTED TO THE FUND FROM THE CONSUME R 3 FIREWORKS TAX UNDER §§ 2–1302.5 AND 11–104 OF THE TAX – GENERAL ARTICLE; 4 and 5 [(2)] (3) revenue distributed to the Fund under § 16–609 of the Business 6 Regulation Article. 7 (e) (1) As authorized by the Secretary, the Treasurer shall make payments out 8 of the Fund to each county on warrant of the Comptroller. 9 (2) The Treasurer shall make the payments required under this subsection 10 to the appropriate county on or about November 15. 11 (f) (1) State money provided under this section may only be used to: 12 (i) acquire or rehabilitate fire or rescue equipment, including 13 ambulances; 14 (ii) acquire or rehabilitate capital equipment used in connection with 15 fire or rescue equipment; 16 (iii) rehabilitate facilities used primarily to house fire fighting 17 equipment, ambulances, and rescue vehicles; 18 (iv) install life safety and fire protection systems at a fire, rescue, or 19 ambulance facility; 20 (v) acquire land for the purpose of rehabilitation or construction of a 21 fire, rescue, or ambulance facility; 22 (vi) acquire wireless telecommunications devices, computers, and 23 related computer equipment if used exclusively for fire protection, rescue, and ambulance 24 services; and 25 (vii) acquire machinery and equipment if used exclusively for fire 26 protection, rescue, and ambulance services. 27 (2) State money provided under this section may not be used: 28 (i) for administrative costs; 29 (ii) for compensation or fringe benefits to employees or members of 30 county governments, or fire, rescue, or ambulance companies; 31 HOUSE BILL 1002 15 (iii) for travel or meal expenses; 1 (iv) for fuel, utility, or routine maintenance costs of facilities or 2 equipment; 3 (v) to acquire new or replacement fire hydrants or water mains; 4 (vi) for insurance; 5 (vii) for fund–raising activities; 6 (viii) to replace or repair eligible items to the extent that insurance 7 proceeds are available; 8 (ix) for costs associated with the “9–1–1” emergency telephone 9 system; or 10 (x) for land or interests in land, except as provided in paragraph 11 (1)(v) of this subsection. 12 (g) Beginning in fiscal year 2026, the Governor shall include an annual 13 appropriation to the Fund of at least $16,500,000. 14 Article – Tax – General 15 2–1302.5. 16 AFTER MAKING THE DIST RIBUTIONS REQUIRED U NDER §§ 2–1301 THROUGH 17 2–1302.4 OF THIS SUBTITLE , OF THE SALES AND USE TAX COLLECTED UNDER § 18 11–104(L) OF THIS ARTICLE FROM THE SALE OF CONSUMER FIREWORKS, AS 19 DEFINED IN § 10–101 OF THE PUBLIC SAFETY ARTICLE, THE COMPTROLLER 20 QUARTERLY SHALL DIST RIBUTE: 21 (1) 31% TO THE 9–1–1 TRUST FUND UNDER § 1–308 OF THE PUBLIC 22 SAFETY ARTICLE; 23 (2) 31% TO THE SENATOR WILLIAM H. AMOSS FIRE, RESCUE, AND 24 AMBULANCE FUND UNDER § 8–102 OF THE PUBLIC SAFETY ARTICLE; AND 25 (3) 38% TO THE GENERAL FUND OF THE STATE. 26 11–104. 27 16 HOUSE BILL 1002 (L) THE SALES AND USE TAX RATE FOR CONSUMER FI REWORKS, AS 1 DEFINED IN § 10–101 OF THE PUBLIC SAFETY ARTICLE, IS, FOR FISCAL YEAR 2027 2 AND EACH FISCAL YEAR THEREAFTER , 16%. 3 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 October 1, 2025. 5