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B-215735 1 (1986-09-26)

handle is hein.gao/gaobadmmr0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 2058 Decision Matter of- 9-1-1 Emergency Number Fee File: B-215735 Date: September 26, 1986 DIGEST Maryland 9-1-1 fee may not be paid by Department of Health and Human Services, because the fee amounts to a tax from which the United States is constitutionally immune. 64 Comp. Gen. 665 (1985). DECISION The Director of the Division of Finance of the Social Security Administration of the Department of Health and Human Services (HHS) requested an advance decision under 31 U.S.C. S 3529 (1982) on the question of whether Federal agencies must pay a 9-1-1 fee to the State of Maryland and to Maryland counties. We decided in 64 Comp. Gen. 665 (1985) that, where 9-1-1 service is authorized or required by law to be offered by state or local governments and a service fee assessed to defray 9-1-1 costs, the fee amounts to a tax which the Fed- eral Government may not constitutionally be required to pay. This decision applies to Maryland's 9-1-1 fees. CHARACTERISTICS OF THE MARYLAND 9-1-1 SERVICE CHARGE The provisions for a statewide 9-1-1 emergency telephone sys- temn are contained in Md. Ann. Code, art. 41, §§ 204H-1-204H-8 (1983). As of July 1, 1985, all Maryland counties were required to have a 9-1-1 system in operation. (§ 204H-2.) The law created an Emergency Number System Board to supervise the operation of the various county 9-1-1 plans. The State Board is responsible for issuing statewide operational guid- ance and for reviewing and auditing county plans and sys- tems. (S 204H-3.) Maryland law established a state 9-1-1 fee of 10 per month to be added to current bills rendered for switched local ex- change access in the State. It also empowered counties to adopt, by ordinance, a local 9-1-1 charge of up to 30t per month, to cover the total amount of eligible [9-1-11 opera- tion and maintenance costs of the county. (S 204H-5.) As

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