WIRELESSLEGISLATION FOR THE STATE OF MARYLAND
COMAR
EFFECTIVE 1/1/96, 22:24 MD.R.
12.11.03.10
.10 9-1-1 Fees.
A. Fees Collected after December31, 1990.
(1) Collection of 10-Cent Fee.
(a) The 10-cent fee collectedafter December 31, 1990 and credited to the 9-1-1 Trust Fundshall be disbursed by the State Comptroller, as allocated by theSecretary of Public Safety and Correctional Services and approvedby the Board, for reimbursement of costs a county or counties mayincur for:
(i) Enhancing a 9-1-1 system;
(ii) Mandated equipment; and
(iii) Other technical equipmentthe Board may require.
(b) The expenditures listed inSec. A(1)(a)–(iii) of this regulation are subject to periodicaudit by the Secretary.
(2) Audit of Expenditures.
(a) A jurisdiction with anoperational 9-1-1 system shall be subject to an audit ofexpenditures for the maintenance and operation of the 9-1-1system. An audit shall be performed, at a minimum, every 3 yearsby the Secretary.
(b) The audit report shall be usedto determine whether the funds received from the 9-1-1 Trust Fundby the affected jurisdiction were used in compliance withapplicable laws and regulations.
(c) The audit shall be conductedby the Department of Public Safety and Correctional Services orby a qualified auditing firm. If an auditing firm is used, thecost of the audit is an administrative expense that shall becharged to and deducted from the audited jurisdiction?scollections or interest, or both, that are accrued in the 9-1-1Trust Fund. The charge shall be deducted before distribution ofthe collections or interest, or both, to the auditedjurisdiction.
(d) If the audit determines thatthe jurisdiction failed to use the funds in compliance withapplicable laws and regulations, the audit shall containrecommendations for compliance.
(e) The Emergency Number SystemsBoard and the jurisdiction shall be given a copy of the audit.
(3) At the end of each fiscalyear, a jurisdiction being reimbursed from the 9-1-1 Trust Fundshall complete an actual expenditures report and a proposedbudget report for the next fiscal year on forms provided by theEmergency Number Systems Board. These reports shall note withsufficient detail the use and disposition of funds received fromthe 9-1-1 Trust Fund for maintenance and operationalexpenditures. These reports shall be submitted to the EmergencyNumber Systems Board not later than September 30 following theend of the preceding fiscal year.
B. Additional Charges and TheirUse.
(1) In addition to the 10-centfee, the governing body of a county with an operational systemmay, by ordinance or resolution after public hearing, enact oradopt an additional charge not to exceed 50-cents per month to beapplied to current bills rendered for switched local exchangeaccess service within that county.
(2) These funds, allocated by theSecretary, shall be credited to the appropriate 9-1-1 Trust Fundaccount and paid by the State Comptroller quarterly to eachcounty with an operational system.
(3) Use of Funds by NoncertifiedCounty. A county certified by the Emergency Number Systems Boardas having operational an enhanced 9-1-1 may request annually theBoard?s approval for an exemption from the expenditurelimitations for personnel funds under Article 41, Sec. 18-108(d),Annotated Code of Maryland.
(4) If request for an exemptionfrom the expenditure limitations for personnel is not made or isnot approved, the funds may be used for the installation,enhancement, maintenance, and operation of a 9-1-1 system underall of the following conditions:
(a) A maximum of 85 percent ofthese funds may be used for personnel costs by a county with apopulation of 100,000 or less;
(b) A maximum of 70 percent may beused for personnel costs by a county with a population greaterthan 100,000;
(c) Use of these funds shall besubject to audit by the Secretary.
Note: Section .10 B.Additional Charges and their Use, Subjection (1) is being revisedto read:
(1) In addition to the 10-centfee, the governing body of a county with an operational systemmay, by ordinance or resolution after public hearing, enact oradopt an additional charge not to exceed 50-cents per month to beapplied to current bills rendered within that county for:
(a) switched local exchange accessservice; and
(b) wireless telephone service orother 9-1-1 accessible service
This revision includes thewireless telephones that became eligible for collection of thefee effective 1-1-96.