| 1 | 1 | | 25 LC 56 0324 |
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| 2 | 2 | | House Bill 578 |
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| 3 | 3 | | By: Representatives Cheokas of the 151 |
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| 4 | 4 | | st |
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| 5 | 5 | | , Greene of the 154 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Cannon of the 172 |
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| 8 | 8 | | nd |
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| 9 | 9 | | , Smith |
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| 10 | 10 | | of the 18 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Mathis of the 133 |
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| 13 | 13 | | rd |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia |
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| 18 | 18 | | 1 |
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| 19 | 19 | | Annotated, relating to emergency telephone number 9-1-1 system, so as to provide for a2 |
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| 20 | 20 | | $1.50 increase in the monthly 9-1-1 charge assessed by local governments; to provide for a3 |
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| 21 | 21 | | $1.50 increase in the monthly wireless enhanced 9-1-1 charge assessed by local4 |
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| 22 | 22 | | governments; to provide for a $1.50 increase in the prepaid 9-1-1 charge assessed by local5 |
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| 23 | 23 | | governments; to provide for related matters; to repeal conflicting laws; and for other6 |
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| 24 | 24 | | purposes.7 |
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| 25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 26 | 26 | | SECTION 1.9 |
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| 27 | 27 | | Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated,10 |
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| 28 | 28 | | relating to emergency telephone number 9-1-1 system, is amended in Code Section 46-5-134,11 |
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| 29 | 29 | | relating to billing of subscribers, liability of subscriber for service charge, taxes on service,12 |
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| 30 | 30 | | establishment of Emergency Telephone System Fund, cost recovery fee, records, and use of13 |
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| 31 | 31 | | funds, by revising subsection (a) as follows:14 |
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| 32 | 32 | | "(a)(1)(A)(i) Unless exempt, the telephone subscriber of any telephone service shall15 |
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| 33 | 33 | | be billed for the monthly 9-1-1 charge, if any, imposed with respect to such telephone16 |
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| 34 | 34 | | H. B. 578 |
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| 35 | 35 | | - 1 - 25 LC 56 0324 |
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| 36 | 36 | | service by the service supplier. Beginning on July 1, 2025, such 9-1-1 charge shall17 |
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| 37 | 37 | | be $3.00 Such 9-1-1 charge shall be $1.50 per month per telephone service provided18 |
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| 38 | 38 | | to the telephone subscriber except as reduced pursuant to paragraph (4) of subsection19 |
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| 39 | 39 | | (d) of this Code section.20 |
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| 40 | 40 | | (ii) In computing the amount due under this subsection, the number of 9-1-1 charges21 |
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| 41 | 41 | | a telephone subscriber shall be assessed shall not exceed the number of simultaneous22 |
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| 42 | 42 | | outbound calls that can be made from voice channels the service supplier has23 |
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| 43 | 43 | | activated and enabled. For telephone service that provides to multiple locations24 |
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| 44 | 44 | | shared simultaneous outbound voice channel capacity configured to and capable of25 |
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| 45 | 45 | | accessing a 9-1-1 system in different states, the monthly 9-1-1 charge shall be26 |
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| 46 | 46 | | assessed only for the portion of such shared voice channel capacity in this state as27 |
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| 47 | 47 | | identified by the service supplier's books and records. In determining the portion of28 |
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| 48 | 48 | | shared capacity in this state, a service supplier may rely on, among other factors, a29 |
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| 49 | 49 | | customer's certification of its allocation of capacity in this state, which may be based30 |
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| 50 | 50 | | on each end user location, the total number of end users, and the number of end users31 |
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| 51 | 51 | | at each end user location.32 |
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| 52 | 52 | | (B) All telephone services billed to federal, state, or local governments shall be exempt33 |
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| 53 | 53 | | from the 9-1-1 charge. Each service supplier shall, on behalf of the local government,34 |
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| 54 | 54 | | collect the 9-1-1 charge from those telephone subscribers to whom it provides35 |
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| 55 | 55 | | telephone service in the area served by the emergency 9-1-1 system. As part of its36 |
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| 56 | 56 | | normal billing process, the service supplier shall collect the 9-1-1 charge for each37 |
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| 57 | 57 | | month a telephone service is in service, and it shall list the 9-1-1 charge as a separate38 |
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| 58 | 58 | | entry on each bill. Nothing in this Code section shall be construed to require a service39 |
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| 59 | 59 | | supplier to list the 9-1-1 charge as a surcharge or separate entry on each bill. Service40 |
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| 60 | 60 | | suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the41 |
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| 61 | 61 | | 9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that42 |
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| 62 | 62 | | this information shall be maintained in a form auditors can access. If a service supplier43 |
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| 63 | 63 | | H. B. 578 |
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| 64 | 64 | | - 2 - 25 LC 56 0324 |
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| 65 | 65 | | receives a partial payment for a bill from a telephone subscriber, the service supplier |
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| 66 | 66 | | 44 |
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| 67 | 67 | | shall apply the payment against the amount the telephone subscriber owes the service45 |
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| 68 | 68 | | supplier first.46 |
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| 69 | 69 | | (C) This paragraph shall not apply to wireless service or prepaid wireless service or the47 |
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| 70 | 70 | | telephone subscribers or service suppliers of such services.48 |
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| 71 | 71 | | (2)(A) If the governing body of a local government operates or contracts for the49 |
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| 72 | 72 | | operation of a public safety answering point that is capable of providing or provides50 |
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| 73 | 73 | | automatic number identification of a wireless telecommunications connection and the51 |
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| 74 | 74 | | location of the base station or cell site which receives a 9-1-1 call from a wireless52 |
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| 75 | 75 | | telecommunications connection, the subscriber of a wireless telecommunications53 |
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| 76 | 76 | | connection whose place of primary use is within the geographic area that is served by54 |
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| 77 | 77 | | the local government or that would be served by the local government for the purpose55 |
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| 78 | 78 | | of such a public safety answering point may be billed for the monthly wireless56 |
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| 79 | 79 | | enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless57 |
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| 80 | 80 | | service supplier. Beginning on July 1, 2025, such wireless enhanced 9-1-1 charge shall |
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| 81 | 81 | | 58 |
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| 82 | 82 | | be $3.00 Such wireless enhanced 9-1-1 charge shall be $1.50 per month per wireless59 |
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| 83 | 83 | | telecommunications connection provided to the telephone subscriber except as60 |
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| 84 | 84 | | otherwise provided in paragraph (4) of subsection (d) of this Code section.61 |
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| 85 | 85 | | (B) If the governing body of a local government operates or contracts for the operation62 |
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| 86 | 86 | | of an emergency 9-1-1 system which is capable of providing or provides automatic63 |
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| 87 | 87 | | number identification and automatic location identification of a wireless64 |
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| 88 | 88 | | telecommunications connection, the subscriber of a wireless telecommunications65 |
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| 89 | 89 | | connection whose place of primary use is within the geographic area that is served by66 |
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| 90 | 90 | | the local government or that would be served by the local government for the purpose67 |
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| 91 | 91 | | of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced68 |
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| 92 | 92 | | 9-1-1 charge, if any, imposed with respect to that connection by the wireless service69 |
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| 93 | 93 | | supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the70 |
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| 94 | 94 | | H. B. 578 |
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| 95 | 95 | | - 3 - 25 LC 56 0324 |
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| 96 | 96 | | monthly 9-1-1 charge imposed upon other telephone subscribers pursuant to |
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| 97 | 97 | | 71 |
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| 98 | 98 | | paragraph (1) of this subsection and shall be imposed on a monthly basis for each72 |
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| 99 | 99 | | wireless telecommunications connection provided to the telephone subscriber.73 |
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| 100 | 100 | | (C) All wireless telecommunications connections billed to federal, state, or local74 |
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| 101 | 101 | | governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless75 |
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| 102 | 102 | | service supplier shall, on behalf of the local government, collect the wireless enhanced76 |
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| 103 | 103 | | 9-1-1 charge from those telephone subscribers whose place of primary use is within the77 |
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| 104 | 104 | | geographic area that is served by the local government or that would be served by the78 |
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| 105 | 105 | | local government for the purpose of such an emergency 9-1-1 system. As part of its79 |
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| 106 | 106 | | normal billing process, the wireless service supplier shall collect the wireless enhanced80 |
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| 107 | 107 | | 9-1-1 charge for each month a wireless telecommunications connection is in service,81 |
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| 108 | 108 | | and it may list the wireless enhanced 9-1-1 charge as a separate entry on each bill. 82 |
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| 109 | 109 | | Nothing in this Code section shall be construed to require a wireless service supplier83 |
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| 110 | 110 | | to list the 9-1-1 charge as a separate entry on each bill. Wireless service suppliers that84 |
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| 111 | 111 | | do not list the 9-1-1 charge as a separate entry on each bill shall remit the 9-1-1 charge85 |
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| 112 | 112 | | for each telephone subscriber that pays the bill; provided, however, that this86 |
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| 113 | 113 | | information shall be maintained in a form auditors can access. If a wireless service87 |
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| 114 | 114 | | supplier receives partial payment for a bill from a telephone subscriber, the wireless88 |
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| 115 | 115 | | service supplier shall apply the payment against the amount the telephone subscriber89 |
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| 116 | 116 | | owes the wireless service supplier first.90 |
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| 117 | 117 | | (D) Notwithstanding the foregoing, the application of any 9-1-1 service charge with91 |
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| 118 | 118 | | respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7),92 |
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| 119 | 119 | | shall be governed by the provisions of Code Section 48-8-6.93 |
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| 120 | 120 | | (E) This paragraph shall not apply to prepaid wireless service or the telephone94 |
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| 121 | 121 | | subscribers or service suppliers of such service."95 |
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| 122 | 122 | | H. B. 578 |
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| 123 | 123 | | - 4 - 25 LC 56 0324 |
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| 124 | 124 | | SECTION 2. |
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| 125 | 125 | | 96 |
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| 126 | 126 | | Said part is further amended in Code Section 46-5-134.2, relating to prepaid wireless 9-1-197 |
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| 127 | 127 | | charge, definitions, imposition of fee by localities, collection and remission of charges, and98 |
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| 128 | 128 | | distribution of funds, by revising subsection (b) as follows:99 |
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| 129 | 129 | | "(b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point,100 |
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| 130 | 130 | | including counties and municipalities that operate multijurisdictional or regional 9-1-1101 |
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| 131 | 131 | | systems or have created a joint authority pursuant to Code Section 46-5-138, are102 |
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| 132 | 132 | | authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the103 |
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| 133 | 133 | | amount of $1.50 |
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| 134 | 134 | | $3.00 per retail transaction. Imposition of the charge authorized by this104 |
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| 135 | 135 | | Code section by a county or municipality shall be contingent upon compliance with the105 |
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| 136 | 136 | | requirements of paragraph (1) of subsection (j) of this Code section. Any charge imposed106 |
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| 137 | 137 | | by ordinance pursuant to this subsection prior to July 1, 2025, shall, beginning on107 |
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| 138 | 138 | | July 1, 2025, be in the amount of $3.00.108 |
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| 139 | 139 | | (2) Where a county or municipality that operates a 9-1-1 public safety answering point109 |
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| 140 | 140 | | fails to comply with the requirements of paragraph (1) of subsection (j) of this Code110 |
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| 141 | 141 | | section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge111 |
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| 142 | 142 | | authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of112 |
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| 143 | 143 | | such counties and municipalities as a state fee for state purposes."113 |
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| 144 | 144 | | SECTION 3.114 |
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| 145 | 145 | | All laws and parts of laws in conflict with this Act are repealed.115 |
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| 146 | 146 | | H. B. 578 |
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| 147 | 147 | | - 5 - |
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