(a) (1) In this section the following words have the meanings indicated. (2) "9-8-8-accessible service" means telephone service or another communications service that connects an individual dialing the digits 9-8-8 to the 988 Suicide and Crisis Lifeline. (3) "9-8-8 fee" means the fee imposed 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 wireless telecommunications service. (c) (1) Except as provided in paragraph (2) of this subsection, each subscriber to switched local exchange access service, CMRS, or other 9-8-8- accessible service shall pay a 9-8-8 fee. (2) A subscriber who is enrolled 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 payable when the bill for the switched local exchange access service, CMRS, or other 9-8-8-accessible service is due. (2) Except as provided in paragraphs (3) and (4) of this subsection, if a person is able to make more than one simultaneous outbound call using a 9-8-8- accessible service, each separate outbound call voice channel capacity, regardless of the technology, shall be considered a separate 9-8-8-accessible service for the purpose of determining the 9-8-8 fee due under paragraph (1) of this subsection. (3) CMRS provided to multiple devices that share the same telephone number shall be considered a single 9-8-8-accessible service for the purpose of determining 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 considered a separate voice channel capacity for the purpose of determining the 9-8-8 fee due under paragraph (1) of this subsection. (e) (1) The Public Service Commission shall direct each telephone company to add the 9-8-8 fee to all current bills rendered for switched local exchange access service in the State. (2) Each telephone company: (i) Shall act as a collection agent for the Fund with respect to the 9-8-8 fees; and (ii) Shall remit all money collected to the Comptroller on a monthly basis. (f) (1) Each 9-8-8 service carrier shall add the 9-8-8 fee to all current bills rendered for CMRS or other 9-8-8-accessible service in the State. (2) Each 9-8-8 service carrier: (i) Shall act as a collection agent for the Fund with respect to the 9-8-8 fees; (ii) Shall remit all money collected to the Comptroller on a monthly basis; (iii) Shall keep records of 9-8-8 fees collected and remitted under this paragraph for at least 4 years after the fee is remitted; and (iv) Is entitled to credit, against the money from the 9-8-8 fee to be remitted to the Comptroller, an amount equal to 0.5% of the 9-8-8 fee to cover the expenses of billing, collecting, remitting, and keeping records of the 9-8-8 fees. (g) The Comptroller shall adopt procedures for auditing fee collection and remittance by telephone companies and CMRS providers. (h) A CMRS provider that pays or collects 9-8-8 fees under this section has the same immunity from liability 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 adopt regulations to carry out this section. §7.5-5A-03.2. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2027 PER CHAPTERS 780 AND 781 OF 2024 ** (a) (1) In this section the following words have the meanings indicated. (2) "Prepaid wireless 9-8-8 fee" means the fee that is required to be collected by a seller from a consumer in the amount established under this section. (3) "Provider" means a person that provides prepaid wireless telecommunications service under a license issued by 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 collect the prepaid wireless 9-8-8 fee from the consumer for each retail transaction in the State. (ii) A seller may not collect a prepaid wireless 9-8-8 fee from a consumer if the consumer is enrolled in the Lifeline program. (3) A retail transaction occurs in the State if: (i) The sale or recharge takes place at the seller's place of business located in the State; (ii) The consumer's shipping address is in the State; or (iii) No item is shipped, but the consumer's billing address or the location associated with the consumer's mobile telephone number is in the State. (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 prepaid wireless 9-8-8 fees that the seller collects from consumers as provided in this section. (d) A seller may deduct and retain 3% of prepaid wireless 9-8-8 fees collected from consumers to cover the expenses of collecting and remitting the prepaid wireless 9-8-8 fee. (e) A seller shall report and remit to the Comptroller all prepaid wireless 9-8-8 fees collected by the seller in a manner provided for the remitting of the sales and use tax under Titles 11 and 13 of the Tax - General Article. (f) For the purpose of this section, the audit and appeal procedures established for the sales and use tax under Titles 11 and 13 of the Tax - General Article apply. (g) Providers and sellers of prepaid wireless telecommunications service have the same immunity from liability 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. (h) A tax, fee, surcharge, or other charge may not be imposed by the State, a political subdivision of the State, or an intergovernmental agency for 9-8-8 funding purposes on a provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service. (i) The Comptroller shall adopt regulations to carry out this section. §7.5-5A-04. IN EFFECT 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; (2) The amount of funds collected and remitted to the Comptroller under § 7.5-5A-03.1 of this subtitle; (3) The additional services provided by the funding in each local jurisdiction; (4) The amount of any unspent funds in the Fund; and (5) The reasons funds identified under item (4) of this section were not spent. §7.5-5A-04. ** TAKES EFFECT JULY 1, 2027 PER CHAPTERS 780 AND 781 OF 2024 ** 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; (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 collected and remitted to the Comptroller under § 7.5-5A-03.2 of this subtitle; (4) The additional services provided by the funding in each local jurisdiction; (5) The amount of any unspent funds in the Fund; and (6) The reasons funds identified under item (5) of this section were not spent.
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