25 LC 56 0343S
The Senate Committee on Retirement offered the following
substitute to SB 285:
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 461
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 provide for related matters; to repeal8
conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Article 12 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the12
Emergency Communications Authority, is amended by revising Code Section 38-3-188,13
relating to retention of funds by Department of Revenue and payments to local governments,14
as follows:15
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"38-3-188.16
(a) The Department of Revenue shall retain and remit from the total amount of funds17
collected by it from charges imposed pursuant to subsection (a) of Code Section 38-3-18518
and pursuant to Code Section 46-5-134.2 an amount equal to 1 percent to the authority and19
an amount equal to 0.75 40.75 percent of the total amount to the Peace Officers' Annuity20
and Benefit Fund as further provided for in Code Section 47-17-63.21
(b) Except for the amounts retained by the authority, Department of Revenue, Peace22
Officers' Annuity and Benefit Fund, and service suppliers pursuant to Code Sections23
38-3-186 and 46-5-134 and this Code section, the remainder of the charges remitted by24
service suppliers shall be paid by the Department of Revenue to each local government on25
a pro rata basis based on the remitted amounts attributable to each such local government26
reported by service suppliers in the reports required by subsection (b) of Code Section27
38-3-185. Such payments shall be made by the Department of Revenue to such local28
governments not later than 30 days following the date charges must be remitted by service29
suppliers to the Department of Revenue pursuant to subsection (a) of Code Section30
38-3-185. Under no circumstances shall such payments be, or be deemed to be, revenues31
of the state and such payments shall not be subject to or available for appropriation by the32
state for any purpose."33
SECTION 2.34
Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated,35
relating to emergency telephone number 9-1-1 system, is amended in Code Section 46-5-134,36
relating to billing of subscribers, liability of subscriber for service charge, taxes on service,37
establishment of Emergency Telephone System Fund, cost recovery fee, records, and use of38
funds, by revising subsection (a) as follows:39
"(a)(1)(A)(i) Unless exempt, the telephone subscriber of any telephone service shall40
be billed for the monthly 9-1-1 charge, if any, imposed with respect to such telephone41
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service by the service supplier. Beginning on July 1, 2025, such 9-1-1 charge shall42
be $2.50 Such 9-1-1 charge shall be $1.50 per month per telephone service provided43
to the telephone subscriber except as reduced pursuant to paragraph (4) of subsection44
(d) of this Code section.45
(ii) In computing the amount due under this subsection, the number of 9-1-1 charges46
a telephone subscriber shall be assessed shall not exceed the number of simultaneous47
outbound calls that can be made from voice channels the service supplier has48
activated and enabled. For telephone service that provides to multiple locations49
shared simultaneous outbound voice channel capacity configured to and capable of50
accessing a 9-1-1 system in different states, the monthly 9-1-1 charge shall be51
assessed only for the portion of such shared voice channel capacity in this state as52
identified by the service supplier's books and records. In determining the portion of53
shared capacity in this state, a service supplier may rely on, among other factors, a54
customer's certification of its allocation of capacity in this state, which may be based55
on each end user location, the total number of end users, and the number of end users56
at each end user location.57
(B) All telephone services billed to federal, state, or local governments shall be exempt58
from the 9-1-1 charge. Each service supplier shall, on behalf of the local government,59
collect the 9-1-1 charge from those telephone subscribers to whom it provides60
telephone service in the area served by the emergency 9-1-1 system. As part of its61
normal billing process, the service supplier shall collect the 9-1-1 charge for each62
month a telephone service is in service, and it shall list the 9-1-1 charge as a separate63
entry on each bill. Nothing in this Code section shall be construed to require a service64
supplier to list the 9-1-1 charge as a surcharge or separate entry on each bill. Service65
suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the66
9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that67
this information shall be maintained in a form auditors can access. If a service supplier68
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receives a partial payment for a bill from a telephone subscriber, the service supplier69
shall apply the payment against the amount the telephone subscriber owes the service70
supplier first.71
(C) This paragraph shall not apply to wireless service or prepaid wireless service or the72
telephone subscribers or service suppliers of such services.73
(2)(A) If the governing body of a local government operates or contracts for the74
operation of a public safety answering point that is capable of providing or provides75
automatic number identification of a wireless telecommunications connection and the76
location of the base station or cell site which receives a 9-1-1 call from a wireless77
telecommunications connection, the subscriber of a wireless telecommunications78
connection whose place of primary use is within the geographic area that is served by79
the local government or that would be served by the local government for the purpose80
of such a public safety answering point may be billed for the monthly wireless81
enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless82
service supplier. Beginning on July 1, 2025, such wireless enhanced 9-1-1 charge shall83
be $2.50 Such wireless enhanced 9-1-1 charge shall be $1.50 per month per wireless84
telecommunications connection provided to the telephone subscriber except as85
otherwise provided in paragraph (4) of subsection (d) of this Code section.86
(B) If the governing body of a local government operates or contracts for the operation87
of an emergency 9-1-1 system which is capable of providing or provides automatic88
number identification and automatic location identification of a wireless89
telecommunications connection, the subscriber of a wireless telecommunications90
connection whose place of primary use is within the geographic area that is served by91
the local government or that would be served by the local government for the purpose92
of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced93
9-1-1 charge, if any, imposed with respect to that connection by the wireless service94
supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the95
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monthly 9-1-1 charge imposed upon other telephone subscribers pursuant to96
paragraph (1) of this subsection and shall be imposed on a monthly basis for each97
wireless telecommunications connection provided to the telephone subscriber.98
(C) All wireless telecommunications connections billed to federal, state, or local99
governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless100
service supplier shall, on behalf of the local government, collect the wireless enhanced101
9-1-1 charge from those telephone subscribers whose place of primary use is within the102
geographic area that is served by the local government or that would be served by the103
local government for the purpose of such an emergency 9-1-1 system. As part of its104
normal billing process, the wireless service supplier shall collect the wireless105
enhanced 9-1-1 charge for each month a wireless telecommunications connection is in106
service, and it may list the wireless enhanced 9-1-1 charge as a separate entry on each107
bill. Nothing in this Code section shall be construed to require a wireless service108
supplier to list the 9-1-1 charge as a separate entry on each bill. Wireless service109
suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the110
9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that111
this information shall be maintained in a form auditors can access. If a wireless service112
supplier receives partial payment for a bill from a telephone subscriber, the wireless113
service supplier shall apply the payment against the amount the telephone subscriber114
owes the wireless service supplier first.115
(D) Notwithstanding the foregoing, the application of any 9-1-1 service charge with116
respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7),117
shall be governed by the provisions of Code Section 48-8-6.118
(E) This paragraph shall not apply to prepaid wireless service or the telephone119
subscribers or service suppliers of such service."120
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SECTION 3.121
Said part is further amended in Code Section 46-5-134.2, relating to prepaid wireless 9-1-1122
charge, definitions, imposition of fee by localities, collection and remission of charges, and123
distribution of funds, by revising subsection (b) as follows:124
"(b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point,125
including counties and municipalities that operate multijurisdictional or regional 9-1-1126
systems or have created a joint authority pursuant to Code Section 46-5-138, are127
authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the128
amount of $1.50 $2.50 per retail transaction. Imposition of the charge authorized by this129
Code section by a county or municipality shall be contingent upon compliance with the130
requirements of paragraph (1) of subsection (j) of this Code section. Any charge imposed131
by ordinance pursuant to this subsection prior to July 1, 2025, shall, beginning on132
July 1, 2025, be in the amount of $2.50.133
(2) Where a county or municipality that operates a 9-1-1 public safety answering point134
fails to comply with the requirements of paragraph (1) of subsection (j) of this Code135
section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge136
authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of137
such counties and municipalities as a state fee for state purposes."138
SECTION 4.139
All laws and parts of laws in conflict with this Act are repealed.140
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