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§ 1-309. Appropriations and disbursements from 9-1-1 Trust Fund

West's Annotated Code of MarylandPublic SafetyEffective: June 1, 2021

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 3. 9-1-1 Emergency Telephone System (Refs & Annos)
Effective: June 1, 2021
MD Code, Public Safety, § 1-309
Formerly cited as MD CODE Art. 41, § 18-103;  MD CODE Art. 41, § 18-105;  MD CODE Art. 41, § 18-107
§ 1-309. Appropriations and disbursements from 9-1-1 Trust Fund
Annual appropriation
(a) On recommendation of the Board, each year the Secretary shall request an appropriation from the 9-1-1 Trust Fund in an amount sufficient to:
(1) carry out the purposes of this subtitle;
(2) pay the administrative costs chargeable to the 9-1-1 Trust Fund; and
(3) reimburse counties for the cost of enhancing a 9-1-1 system.
Disbursements--In general
(b)(1) Subject to the limitations under subsection (e) of this section, the Comptroller shall disburse the money in the 9-1-1 Trust Fund as provided in this subsection.
(2) Each July 1, the Comptroller shall allocate sufficient money from the State 9-1-1 fee to pay the costs of administering the 9-1-1 Trust Fund.
(3) As directed by the Secretary and in accordance with the State budget, the Comptroller, from the appropriate account, shall:
(i) reimburse counties for the cost of enhancing a 9-1-1 system;
(ii) pay contractors in accordance with § 1-306(b)(12) of this subtitle; and
(iii) pay the costs associated with maintenance, operations, and programs approved by the Board in accordance with § 1-308(b) of this subtitle.
(4)(i) The Comptroller shall pay to each county from its account the money requested by the county to pay the maintenance and operation costs of the county's 9-1-1 system in accordance with the State budget.
(ii) The Comptroller shall pay the money for maintenance and operation costs on September 30, December 31, March 31, and June 30 of each year.
Disbursements--Use of money accruing to 9-1-1 Trust Fund
(c)(1) Money accruing to the 9-1-1 Trust Fund may be used as provided in this subsection.
(2) Money collected from the State 9-1-1 fee may be used only to:
(i) pay the administrative costs chargeable to the 9-1-1 Trust Fund;
(ii) reimburse counties for the cost of enhancing a 9-1-1 system;
(iii) pay contractors in accordance with § 1-306(b)(12) of this subtitle; and
(iv) pay the costs associated with maintenance, operations, and programs approved by the Board in accordance with § 1-308(b) of this subtitle.
(3) Money collected from the county 9-1-1 fee may be used by the counties only for the maintenance and operation costs of the 9-1-1 system.
(4) Money collected from the prepaid wireless E 9-1-1 fee shall be used as follows:
(i) 25% for the same purpose as the 9-1-1 fee under paragraph (2) of this subsection; and
(ii) 75% for the same purpose as the county 9-1-1 fee under paragraph (3) of this subsection, prorated on the basis of the total fees collected in each county.
(5) Money accruing to the 9-1-1 Trust Fund may not be used for:
(i) the maintenance or operation of communications centers other than public safety answering points; or
(ii) any purpose associated with the 9-8-8 suicide prevention hotline.
Disbursements--Reimbursements for 9-1-1 system enhancements
(d)(1) Reimbursement may be made only to the extent that county money was used to enhance the 9-1-1 system.
(2) Reimbursement for the enhancement of 9-1-1 systems shall include the installation of equipment for automatic number identification, automatic location identification, and other technological advancements that the Board requires.
(3) Reimbursement from money collected from the State 9-1-1 fee may be used only for 9-1-1 system enhancements approved by the Board.
Withholding money of county
(e)(1) The Board may direct the Comptroller to withhold from a county money for 9-1-1 system expenditures if the county violates this subtitle or a regulation of the Board.
(2)(i) The Board shall state publicly in writing its reason for withholding money from a county and shall record its reason in the minutes of the Board.
(ii) On reaching its decision to withhold money, the Board shall notify the county.
(iii) The county has 30 days after the date of notification to respond in writing to the Board.
(3)(i) On notification by the Board, the Comptroller shall hold money for the county in the county's account in the 9-1-1 Trust Fund.
(ii) Money held by the Comptroller under subparagraph (i) of this paragraph does not accrue interest for the county.
(iii) Interest income earned on money held by the Comptroller under subparagraph (i) of this paragraph accrues to the 9-1-1 Trust Fund.
(4) County money withheld by the Comptroller shall be withheld until the Board directs the Comptroller to release the money.
Audits
(f)(1) The Legislative Auditor may conduct fiscal/compliance audits of the 9-1-1 Trust Fund and of the appropriations and disbursements made for purposes of this subtitle.
(2) The cost of the fiscal portion of the audits shall be paid from the 9-1-1 Trust Fund as an administrative cost.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2003, c. 451, § 1, eff. Oct. 1, 2003; Acts 2013, c. 313, § 1, eff. Oct. 1, 2013; Acts 2016, c. 49, § 1, eff. July 1, 2016; Acts 2019, c. 301, § 1, eff. July 1, 2019; Acts 2019, c. 302, § 1, eff. July 1, 2019; Acts 2020, c. 375, § 1, eff. Oct. 1, 2020; Acts 2020, c. 376, § 1, eff. Oct. 1, 2020; Acts 2021, c. 378, § 1, eff. June 1, 2021; Acts 2021, c. 379, § 1, eff. June 1, 2021.
MD Code, Public Safety, § 1-309, MD PUBLIC SAFETY § 1-309
Current through legislation effective through June 1, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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