25 LC 56 0342
Senate Bill 285
By: Senator Robertson of the 29th
A BILL TO BE ENTITLED
AN ACT
To amend Article 12 of Chapter 3 of Title 38 and Part 4 of Article 2 of Chapter 5 of Title 46
1
of the Official Code of Georgia Annotated, relating to the Emergency Communications2
Authority and emergency telephone number 9-1-1 system, respectively, so as to provide for3
an increase in the percentage of all 9-1-1 charges to be remitted to the Peace Officers'4
Annuity and Benefit Fund; to provide for a $1.00 increase in the monthly 9-1-1 charge5
assessed by local governments; to provide for a $1.00 increase in the monthly wireless6
enhanced 9-1-1 charge assessed by local governments; to provide for a $1.00 increase in the7
prepaid 9-1-1 charge assessed by local governments; to amend Code Section 47-17-80 of the8
Official Code of Georgia Annotated, relating to retirement benefit options, payment to9
surviving spouse, requirements, effect of reemployment, effect of changes in retirement10
benefits, and payment on death of member, so as to provide for an increase in monthly11
benefits; to provide conditions for an effective date and automatic repeal; to provide for12
related matters; to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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SECTION 1.
15
Article 12 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the16
Emergency Communications Authority, is amended by revising Code Section 38-3-188,17
relating to retention of funds by Department of Revenue and payments to local governments,18
as follows:19
"38-3-188.20
(a) The Department of Revenue shall retain and remit from the total amount of funds21
collected by it from charges imposed pursuant to subsection (a) of Code Section 38-3-18522
and pursuant to Code Section 46-5-134.2 an amount equal to 1 percent to the authority and23
an amount equal to 0.75
40.75 percent of the total amount to the Peace Officers' Annuity24
and Benefit Fund as further provided for in Code Section 47-17-63.25
(b) Except for the amounts retained by the authority, Department of Revenue, Peace26
Officers' Annuity and Benefit Fund, and service suppliers pursuant to Code Sections27
38-3-186 and 46-5-134 and this Code section, the remainder of the charges remitted by28
service suppliers shall be paid by the Department of Revenue to each local government on29
a pro rata basis based on the remitted amounts attributable to each such local government30
reported by service suppliers in the reports required by subsection (b) of Code Section31
38-3-185. Such payments shall be made by the Department of Revenue to such local32
governments not later than 30 days following the date charges must be remitted by service33
suppliers to the Department of Revenue pursuant to subsection (a) of Code Section34
38-3-185. Under no circumstances shall such payments be, or be deemed to be, revenues35
of the state and such payments shall not be subject to or available for appropriation by the36
state for any purpose."37
SECTION 2.38
Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated,39
relating to emergency telephone number 9-1-1 system, is amended in Code Section 46-5-134,40
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relating to billing of subscribers, liability of subscriber for service charge, taxes on service,
41
establishment of Emergency Telephone System Fund, cost recovery fee, records, and use of42
funds, by revising subsection (a) as follows:43
"(a)(1)(A)(i) Unless exempt, the telephone subscriber of any telephone service shall44
be billed for the monthly 9-1-1 charge, if any, imposed with respect to such telephone45
service by the service supplier. Beginning on July 1, 2026, such 9-1-1 charge shall
46
be $2.50 Such 9-1-1 charge shall be $1.50 per month per telephone service provided47
to the telephone subscriber except as reduced pursuant to paragraph (4) of subsection48
(d) of this Code section.49
(ii) In computing the amount due under this subsection, the number of 9-1-1 charges50
a telephone subscriber shall be assessed shall not exceed the number of simultaneous51
outbound calls that can be made from voice channels the service supplier has52
activated and enabled. For telephone service that provides to multiple locations53
shared simultaneous outbound voice channel capacity configured to and capable of54
accessing a 9-1-1 system in different states, the monthly 9-1-1 charge shall be55
assessed only for the portion of such shared voice channel capacity in this state as56
identified by the service supplier's books and records. In determining the portion of57
shared capacity in this state, a service supplier may rely on, among other factors, a58
customer's certification of its allocation of capacity in this state, which may be based59
on each end user location, the total number of end users, and the number of end users60
at each end user location.61
(B) All telephone services billed to federal, state, or local governments shall be exempt62
from the 9-1-1 charge. Each service supplier shall, on behalf of the local government,63
collect the 9-1-1 charge from those telephone subscribers to whom it provides64
telephone service in the area served by the emergency 9-1-1 system. As part of its65
normal billing process, the service supplier shall collect the 9-1-1 charge for each66
month a telephone service is in service, and it shall list the 9-1-1 charge as a separate67
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entry on each bill. Nothing in this Code section shall be construed to require a service
68
supplier to list the 9-1-1 charge as a surcharge or separate entry on each bill. Service69
suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the70
9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that71
this information shall be maintained in a form auditors can access. If a service supplier72
receives a partial payment for a bill from a telephone subscriber, the service supplier73
shall apply the payment against the amount the telephone subscriber owes the service74
supplier first.75
(C) This paragraph shall not apply to wireless service or prepaid wireless service or the76
telephone subscribers or service suppliers of such services.77
(2)(A) If the governing body of a local government operates or contracts for the78
operation of a public safety answering point that is capable of providing or provides79
automatic number identification of a wireless telecommunications connection and the80
location of the base station or cell site which receives a 9-1-1 call from a wireless81
telecommunications connection, the subscriber of a wireless telecommunications82
connection whose place of primary use is within the geographic area that is served by83
the local government or that would be served by the local government for the purpose84
of such a public safety answering point may be billed for the monthly wireless85
enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless86
service supplier. Beginning on July 1, 2026, such wireless enhanced 9-1-1 charge shall
87
be $2.50 Such wireless enhanced 9-1-1 charge shall be $1.50 per month per wireless88
telecommunications connection provided to the telephone subscriber except as89
otherwise provided in paragraph (4) of subsection (d) of this Code section.90
(B) If the governing body of a local government operates or contracts for the operation91
of an emergency 9-1-1 system which is capable of providing or provides automatic92
number identification and automatic location identification of a wireless93
telecommunications connection, the subscriber of a wireless telecommunications94
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connection whose place of primary use is within the geographic area that is served by
95
the local government or that would be served by the local government for the purpose96
of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced97
9-1-1 charge, if any, imposed with respect to that connection by the wireless service98
supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the99
monthly 9-1-1 charge imposed upon other telephone subscribers pursuant to100
paragraph (1) of this subsection and shall be imposed on a monthly basis for each101
wireless telecommunications connection provided to the telephone subscriber.102
(C) All wireless telecommunications connections billed to federal, state, or local103
governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless104
service supplier shall, on behalf of the local government, collect the wireless enhanced105
9-1-1 charge from those telephone subscribers whose place of primary use is within the106
geographic area that is served by the local government or that would be served by the107
local government for the purpose of such an emergency 9-1-1 system. As part of its108
normal billing process, the wireless service supplier shall collect the wireless109
enhanced 9-1-1 charge for each month a wireless telecommunications connection is in110
service, and it may list the wireless enhanced 9-1-1 charge as a separate entry on each111
bill. Nothing in this Code section shall be construed to require a wireless service112
supplier to list the 9-1-1 charge as a separate entry on each bill. Wireless service113
suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the114
9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that115
this information shall be maintained in a form auditors can access. If a wireless service116
supplier receives partial payment for a bill from a telephone subscriber, the wireless117
service supplier shall apply the payment against the amount the telephone subscriber118
owes the wireless service supplier first.119
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(D) Notwithstanding the foregoing, the application of any 9-1-1 service charge with
120
respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7),121
shall be governed by the provisions of Code Section 48-8-6.122
(E) This paragraph shall not apply to prepaid wireless service or the telephone123
subscribers or service suppliers of such service."124
SECTION 3.125
Said part is further amended in Code Section 46-5-134.2, relating to prepaid wireless 9-1-1126
charge, definitions, imposition of fee by localities, collection and remission of charges, and127
distribution of funds, by revising subsection (b) as follows:128
"(b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point,129
including counties and municipalities that operate multijurisdictional or regional 9-1-1130
systems or have created a joint authority pursuant to Code Section 46-5-138, are131
authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the132
amount of $1.50
$2.50 per retail transaction. Imposition of the charge authorized by this133
Code section by a county or municipality shall be contingent upon compliance with the134
requirements of paragraph (1) of subsection (j) of this Code section. Any charge imposed135
by ordinance pursuant to this subsection prior to July 1, 2026, shall, beginning on136
July 1, 2026, be in the amount of $2.50.137
(2) Where a county or municipality that operates a 9-1-1 public safety answering point138
fails to comply with the requirements of paragraph (1) of subsection (j) of this Code139
section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge140
authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of141
such counties and municipalities as a state fee for state purposes."142
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SECTION 4.
143
Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement144
benefit options, payment to surviving spouse, requirements, effect of reemployment, effect145
of changes in retirement benefits, and payment on death of member, is amended by revising146
subsection (b) as follows:147
"(b) Option One shall consist of a single life annuity payable in monthly payments for the148
life of the member only. The monthly payment under this option shall be an amount equal149
to $30.00
$40.00 per month for each full year of creditable service and in the event the150
member shall have additional service credit not totaling a full year, the further sum of151
one-twelfth of the amount paid per month for each additional year of service credit shall152
be paid for each month of additional service credit, provided that the member either has at153
least ten years of membership service, or 15 years of membership service for individuals154
who became members on or after July 1, 2010, and is at least 55 years of age or has at155
least 30 years of creditable service, regardless of age. Such monthly benefit payment shall156
be paid on each full year and additional full months of creditable service up to a maximum157
of 30 years of total service."158
SECTION 5.159
This Act shall become effective on July 1, 2026, only if it is determined to have been160
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia161
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not162
become effective and shall be automatically repealed in its entirety on July 1, 2026, as163
required by subsection (a) of Code Section 47-20-50.164
SECTION 6.165
All laws and parts of laws in conflict with this Act are repealed.166
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