Georgia 2025-2026 Regular Session

Georgia Senate Bill SB285 Compare Versions

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1-25 LC 56 0343S
2-The Senate Committee on Retirement offered the following
3-substitute to SB 285:
1+25 LC 56 0342
2+Senate Bill 285
3+By: Senator Robertson of the 29th
44 A BILL TO BE ENTITLED
55 AN ACT
6-To amend Article 12 of Chapter 3 of Title 38 and Part 4 of Article 2 of Chapter 5 of Title 461
6+To amend Article 12 of Chapter 3 of Title 38 and Part 4 of Article 2 of Chapter 5 of Title 46
7+1
78 of the Official Code of Georgia Annotated, relating to the Emergency Communications2
89 Authority and emergency telephone number 9-1-1 system, respectively, so as to provide for3
910 an increase in the percentage of all 9-1-1 charges to be remitted to the Peace Officers'4
1011 Annuity and Benefit Fund; to provide for a $1.00 increase in the monthly 9-1-1 charge5
1112 assessed by local governments; to provide for a $1.00 increase in the monthly wireless6
1213 enhanced 9-1-1 charge assessed by local governments; to provide for a $1.00 increase in the7
13-prepaid 9-1-1 charge assessed by local governments; to provide for related matters; to repeal8
14-conflicting laws; and for other purposes.9
15-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
16-SECTION 1.11
17-Article 12 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the12
18-Emergency Communications Authority, is amended by revising Code Section 38-3-188,13
19-relating to retention of funds by Department of Revenue and payments to local governments,14
20-as follows:15
21-- 1 - 25 LC 56 0343S
22-"38-3-188.16
23-(a) The Department of Revenue shall retain and remit from the total amount of funds17
24-collected by it from charges imposed pursuant to subsection (a) of Code Section 38-3-18518
25-and pursuant to Code Section 46-5-134.2 an amount equal to 1 percent to the authority and19
26-an amount equal to 0.75 40.75 percent of the total amount to the Peace Officers' Annuity20
27-and Benefit Fund as further provided for in Code Section 47-17-63.21
28-(b) Except for the amounts retained by the authority, Department of Revenue, Peace22
29-Officers' Annuity and Benefit Fund, and service suppliers pursuant to Code Sections23
30-38-3-186 and 46-5-134 and this Code section, the remainder of the charges remitted by24
31-service suppliers shall be paid by the Department of Revenue to each local government on25
32-a pro rata basis based on the remitted amounts attributable to each such local government26
33-reported by service suppliers in the reports required by subsection (b) of Code Section27
34-38-3-185. Such payments shall be made by the Department of Revenue to such local28
35-governments not later than 30 days following the date charges must be remitted by service29
36-suppliers to the Department of Revenue pursuant to subsection (a) of Code Section30
37-38-3-185. Under no circumstances shall such payments be, or be deemed to be, revenues31
38-of the state and such payments shall not be subject to or available for appropriation by the32
39-state for any purpose."33
40-SECTION 2.34
41-Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated,35
42-relating to emergency telephone number 9-1-1 system, is amended in Code Section 46-5-134,36
43-relating to billing of subscribers, liability of subscriber for service charge, taxes on service,37
44-establishment of Emergency Telephone System Fund, cost recovery fee, records, and use of38
45-funds, by revising subsection (a) as follows:39
46-"(a)(1)(A)(i) Unless exempt, the telephone subscriber of any telephone service shall40
47-be billed for the monthly 9-1-1 charge, if any, imposed with respect to such telephone41
48-- 2 - 25 LC 56 0343S
49-service by the service supplier. Beginning on July 1, 2025, such 9-1-1 charge shall42
50-be $2.50 Such 9-1-1 charge shall be $1.50 per month per telephone service provided43
51-to the telephone subscriber except as reduced pursuant to paragraph (4) of subsection44
52-(d) of this Code section.45
53-(ii) In computing the amount due under this subsection, the number of 9-1-1 charges46
54-a telephone subscriber shall be assessed shall not exceed the number of simultaneous47
55-outbound calls that can be made from voice channels the service supplier has48
56-activated and enabled. For telephone service that provides to multiple locations49
57-shared simultaneous outbound voice channel capacity configured to and capable of50
58-accessing a 9-1-1 system in different states, the monthly 9-1-1 charge shall be51
59-assessed only for the portion of such shared voice channel capacity in this state as52
60-identified by the service supplier's books and records. In determining the portion of53
61-shared capacity in this state, a service supplier may rely on, among other factors, a54
62-customer's certification of its allocation of capacity in this state, which may be based55
63-on each end user location, the total number of end users, and the number of end users56
64-at each end user location.57
65-(B) All telephone services billed to federal, state, or local governments shall be exempt58
66-from the 9-1-1 charge. Each service supplier shall, on behalf of the local government,59
67-collect the 9-1-1 charge from those telephone subscribers to whom it provides60
68-telephone service in the area served by the emergency 9-1-1 system. As part of its61
69-normal billing process, the service supplier shall collect the 9-1-1 charge for each62
70-month a telephone service is in service, and it shall list the 9-1-1 charge as a separate63
71-entry on each bill. Nothing in this Code section shall be construed to require a service64
72-supplier to list the 9-1-1 charge as a surcharge or separate entry on each bill. Service65
73-suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the66
74-9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that67
75-this information shall be maintained in a form auditors can access. If a service supplier68
76-- 3 - 25 LC 56 0343S
77-receives a partial payment for a bill from a telephone subscriber, the service supplier69
78-shall apply the payment against the amount the telephone subscriber owes the service70
79-supplier first.71
80-(C) This paragraph shall not apply to wireless service or prepaid wireless service or the72
81-telephone subscribers or service suppliers of such services.73
82-(2)(A) If the governing body of a local government operates or contracts for the74
83-operation of a public safety answering point that is capable of providing or provides75
84-automatic number identification of a wireless telecommunications connection and the76
85-location of the base station or cell site which receives a 9-1-1 call from a wireless77
86-telecommunications connection, the subscriber of a wireless telecommunications78
87-connection whose place of primary use is within the geographic area that is served by79
88-the local government or that would be served by the local government for the purpose80
89-of such a public safety answering point may be billed for the monthly wireless81
90-enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless82
91-service supplier. Beginning on July 1, 2025, such wireless enhanced 9-1-1 charge shall83
92-be $2.50 Such wireless enhanced 9-1-1 charge shall be $1.50 per month per wireless84
93-telecommunications connection provided to the telephone subscriber except as85
94-otherwise provided in paragraph (4) of subsection (d) of this Code section.86
95-(B) If the governing body of a local government operates or contracts for the operation87
96-of an emergency 9-1-1 system which is capable of providing or provides automatic88
97-number identification and automatic location identification of a wireless89
98-telecommunications connection, the subscriber of a wireless telecommunications90
99-connection whose place of primary use is within the geographic area that is served by91
100-the local government or that would be served by the local government for the purpose92
101-of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced93
102-9-1-1 charge, if any, imposed with respect to that connection by the wireless service94
103-supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the95
104-- 4 - 25 LC 56 0343S
105-monthly 9-1-1 charge imposed upon other telephone subscribers pursuant to96
106-paragraph (1) of this subsection and shall be imposed on a monthly basis for each97
107-wireless telecommunications connection provided to the telephone subscriber.98
108-(C) All wireless telecommunications connections billed to federal, state, or local99
109-governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless100
110-service supplier shall, on behalf of the local government, collect the wireless enhanced101
111-9-1-1 charge from those telephone subscribers whose place of primary use is within the102
112-geographic area that is served by the local government or that would be served by the103
113-local government for the purpose of such an emergency 9-1-1 system. As part of its104
114-normal billing process, the wireless service supplier shall collect the wireless105
115-enhanced 9-1-1 charge for each month a wireless telecommunications connection is in106
116-service, and it may list the wireless enhanced 9-1-1 charge as a separate entry on each107
117-bill. Nothing in this Code section shall be construed to require a wireless service108
118-supplier to list the 9-1-1 charge as a separate entry on each bill. Wireless service109
119-suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the110
120-9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that111
121-this information shall be maintained in a form auditors can access. If a wireless service112
122-supplier receives partial payment for a bill from a telephone subscriber, the wireless113
123-service supplier shall apply the payment against the amount the telephone subscriber114
124-owes the wireless service supplier first.115
125-(D) Notwithstanding the foregoing, the application of any 9-1-1 service charge with116
126-respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7),117
127-shall be governed by the provisions of Code Section 48-8-6.118
128-(E) This paragraph shall not apply to prepaid wireless service or the telephone119
129-subscribers or service suppliers of such service."120
130-- 5 - 25 LC 56 0343S
131-SECTION 3.121
132-Said part is further amended in Code Section 46-5-134.2, relating to prepaid wireless 9-1-1122
133-charge, definitions, imposition of fee by localities, collection and remission of charges, and123
134-distribution of funds, by revising subsection (b) as follows:124
135-"(b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point,125
136-including counties and municipalities that operate multijurisdictional or regional 9-1-1126
137-systems or have created a joint authority pursuant to Code Section 46-5-138, are127
138-authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the128
139-amount of $1.50 $2.50 per retail transaction. Imposition of the charge authorized by this129
140-Code section by a county or municipality shall be contingent upon compliance with the130
141-requirements of paragraph (1) of subsection (j) of this Code section. Any charge imposed131
142-by ordinance pursuant to this subsection prior to July 1, 2025, shall, beginning on132
143-July 1, 2025, be in the amount of $2.50.133
144-(2) Where a county or municipality that operates a 9-1-1 public safety answering point134
145-fails to comply with the requirements of paragraph (1) of subsection (j) of this Code135
146-section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge136
147-authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of137
148-such counties and municipalities as a state fee for state purposes."138
149-SECTION 4.139
150-All laws and parts of laws in conflict with this Act are repealed.140
151-- 6 -
14+prepaid 9-1-1 charge assessed by local governments; to amend Code Section 47-17-80 of the8
15+Official Code of Georgia Annotated, relating to retirement benefit options, payment to9
16+surviving spouse, requirements, effect of reemployment, effect of changes in retirement10
17+benefits, and payment on death of member, so as to provide for an increase in monthly11
18+benefits; to provide conditions for an effective date and automatic repeal; to provide for12
19+related matters; to repeal conflicting laws; and for other purposes.13
20+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
21+S. B. 285
22+- 1 - 25 LC 56 0342
23+SECTION 1.
24+15
25+Article 12 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the16
26+Emergency Communications Authority, is amended by revising Code Section 38-3-188,17
27+relating to retention of funds by Department of Revenue and payments to local governments,18
28+as follows:19
29+"38-3-188.20
30+(a) The Department of Revenue shall retain and remit from the total amount of funds21
31+collected by it from charges imposed pursuant to subsection (a) of Code Section 38-3-18522
32+and pursuant to Code Section 46-5-134.2 an amount equal to 1 percent to the authority and23
33+an amount equal to 0.75
34+ 40.75 percent of the total amount to the Peace Officers' Annuity24
35+and Benefit Fund as further provided for in Code Section 47-17-63.25
36+(b) Except for the amounts retained by the authority, Department of Revenue, Peace26
37+Officers' Annuity and Benefit Fund, and service suppliers pursuant to Code Sections27
38+38-3-186 and 46-5-134 and this Code section, the remainder of the charges remitted by28
39+service suppliers shall be paid by the Department of Revenue to each local government on29
40+a pro rata basis based on the remitted amounts attributable to each such local government30
41+reported by service suppliers in the reports required by subsection (b) of Code Section31
42+38-3-185. Such payments shall be made by the Department of Revenue to such local32
43+governments not later than 30 days following the date charges must be remitted by service33
44+suppliers to the Department of Revenue pursuant to subsection (a) of Code Section34
45+38-3-185. Under no circumstances shall such payments be, or be deemed to be, revenues35
46+of the state and such payments shall not be subject to or available for appropriation by the36
47+state for any purpose."37
48+SECTION 2.38
49+Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated,39
50+relating to emergency telephone number 9-1-1 system, is amended in Code Section 46-5-134,40
51+S. B. 285
52+- 2 - 25 LC 56 0342
53+relating to billing of subscribers, liability of subscriber for service charge, taxes on service,
54+41
55+establishment of Emergency Telephone System Fund, cost recovery fee, records, and use of42
56+funds, by revising subsection (a) as follows:43
57+"(a)(1)(A)(i) Unless exempt, the telephone subscriber of any telephone service shall44
58+be billed for the monthly 9-1-1 charge, if any, imposed with respect to such telephone45
59+service by the service supplier. Beginning on July 1, 2026, such 9-1-1 charge shall
60+46
61+be $2.50 Such 9-1-1 charge shall be $1.50 per month per telephone service provided47
62+to the telephone subscriber except as reduced pursuant to paragraph (4) of subsection48
63+(d) of this Code section.49
64+(ii) In computing the amount due under this subsection, the number of 9-1-1 charges50
65+a telephone subscriber shall be assessed shall not exceed the number of simultaneous51
66+outbound calls that can be made from voice channels the service supplier has52
67+activated and enabled. For telephone service that provides to multiple locations53
68+shared simultaneous outbound voice channel capacity configured to and capable of54
69+accessing a 9-1-1 system in different states, the monthly 9-1-1 charge shall be55
70+assessed only for the portion of such shared voice channel capacity in this state as56
71+identified by the service supplier's books and records. In determining the portion of57
72+shared capacity in this state, a service supplier may rely on, among other factors, a58
73+customer's certification of its allocation of capacity in this state, which may be based59
74+on each end user location, the total number of end users, and the number of end users60
75+at each end user location.61
76+(B) All telephone services billed to federal, state, or local governments shall be exempt62
77+from the 9-1-1 charge. Each service supplier shall, on behalf of the local government,63
78+collect the 9-1-1 charge from those telephone subscribers to whom it provides64
79+telephone service in the area served by the emergency 9-1-1 system. As part of its65
80+normal billing process, the service supplier shall collect the 9-1-1 charge for each66
81+month a telephone service is in service, and it shall list the 9-1-1 charge as a separate67
82+S. B. 285
83+- 3 - 25 LC 56 0342
84+entry on each bill. Nothing in this Code section shall be construed to require a service
85+68
86+supplier to list the 9-1-1 charge as a surcharge or separate entry on each bill. Service69
87+suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the70
88+9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that71
89+this information shall be maintained in a form auditors can access. If a service supplier72
90+receives a partial payment for a bill from a telephone subscriber, the service supplier73
91+shall apply the payment against the amount the telephone subscriber owes the service74
92+supplier first.75
93+(C) This paragraph shall not apply to wireless service or prepaid wireless service or the76
94+telephone subscribers or service suppliers of such services.77
95+(2)(A) If the governing body of a local government operates or contracts for the78
96+operation of a public safety answering point that is capable of providing or provides79
97+automatic number identification of a wireless telecommunications connection and the80
98+location of the base station or cell site which receives a 9-1-1 call from a wireless81
99+telecommunications connection, the subscriber of a wireless telecommunications82
100+connection whose place of primary use is within the geographic area that is served by83
101+the local government or that would be served by the local government for the purpose84
102+of such a public safety answering point may be billed for the monthly wireless85
103+enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless86
104+service supplier. Beginning on July 1, 2026, such wireless enhanced 9-1-1 charge shall
105+87
106+be $2.50 Such wireless enhanced 9-1-1 charge shall be $1.50 per month per wireless88
107+telecommunications connection provided to the telephone subscriber except as89
108+otherwise provided in paragraph (4) of subsection (d) of this Code section.90
109+(B) If the governing body of a local government operates or contracts for the operation91
110+of an emergency 9-1-1 system which is capable of providing or provides automatic92
111+number identification and automatic location identification of a wireless93
112+telecommunications connection, the subscriber of a wireless telecommunications94
113+S. B. 285
114+- 4 - 25 LC 56 0342
115+connection whose place of primary use is within the geographic area that is served by
116+95
117+the local government or that would be served by the local government for the purpose96
118+of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced97
119+9-1-1 charge, if any, imposed with respect to that connection by the wireless service98
120+supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the99
121+monthly 9-1-1 charge imposed upon other telephone subscribers pursuant to100
122+paragraph (1) of this subsection and shall be imposed on a monthly basis for each101
123+wireless telecommunications connection provided to the telephone subscriber.102
124+(C) All wireless telecommunications connections billed to federal, state, or local103
125+governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless104
126+service supplier shall, on behalf of the local government, collect the wireless enhanced105
127+9-1-1 charge from those telephone subscribers whose place of primary use is within the106
128+geographic area that is served by the local government or that would be served by the107
129+local government for the purpose of such an emergency 9-1-1 system. As part of its108
130+normal billing process, the wireless service supplier shall collect the wireless109
131+enhanced 9-1-1 charge for each month a wireless telecommunications connection is in110
132+service, and it may list the wireless enhanced 9-1-1 charge as a separate entry on each111
133+bill. Nothing in this Code section shall be construed to require a wireless service112
134+supplier to list the 9-1-1 charge as a separate entry on each bill. Wireless service113
135+suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the114
136+9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that115
137+this information shall be maintained in a form auditors can access. If a wireless service116
138+supplier receives partial payment for a bill from a telephone subscriber, the wireless117
139+service supplier shall apply the payment against the amount the telephone subscriber118
140+owes the wireless service supplier first.119
141+S. B. 285
142+- 5 - 25 LC 56 0342
143+(D) Notwithstanding the foregoing, the application of any 9-1-1 service charge with
144+120
145+respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7),121
146+shall be governed by the provisions of Code Section 48-8-6.122
147+(E) This paragraph shall not apply to prepaid wireless service or the telephone123
148+subscribers or service suppliers of such service."124
149+SECTION 3.125
150+Said part is further amended in Code Section 46-5-134.2, relating to prepaid wireless 9-1-1126
151+charge, definitions, imposition of fee by localities, collection and remission of charges, and127
152+distribution of funds, by revising subsection (b) as follows:128
153+"(b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point,129
154+including counties and municipalities that operate multijurisdictional or regional 9-1-1130
155+systems or have created a joint authority pursuant to Code Section 46-5-138, are131
156+authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the132
157+amount of $1.50
158+ $2.50 per retail transaction. Imposition of the charge authorized by this133
159+Code section by a county or municipality shall be contingent upon compliance with the134
160+requirements of paragraph (1) of subsection (j) of this Code section. Any charge imposed135
161+by ordinance pursuant to this subsection prior to July 1, 2026, shall, beginning on136
162+July 1, 2026, be in the amount of $2.50.137
163+(2) Where a county or municipality that operates a 9-1-1 public safety answering point138
164+fails to comply with the requirements of paragraph (1) of subsection (j) of this Code139
165+section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge140
166+authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of141
167+such counties and municipalities as a state fee for state purposes."142
168+S. B. 285
169+- 6 - 25 LC 56 0342
170+SECTION 4.
171+143
172+Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement144
173+benefit options, payment to surviving spouse, requirements, effect of reemployment, effect145
174+of changes in retirement benefits, and payment on death of member, is amended by revising146
175+subsection (b) as follows:147
176+"(b) Option One shall consist of a single life annuity payable in monthly payments for the148
177+life of the member only. The monthly payment under this option shall be an amount equal149
178+to $30.00
179+ $40.00 per month for each full year of creditable service and in the event the150
180+member shall have additional service credit not totaling a full year, the further sum of151
181+one-twelfth of the amount paid per month for each additional year of service credit shall152
182+be paid for each month of additional service credit, provided that the member either has at153
183+least ten years of membership service, or 15 years of membership service for individuals154
184+who became members on or after July 1, 2010, and is at least 55 years of age or has at155
185+least 30 years of creditable service, regardless of age. Such monthly benefit payment shall156
186+be paid on each full year and additional full months of creditable service up to a maximum157
187+of 30 years of total service."158
188+SECTION 5.159
189+This Act shall become effective on July 1, 2026, only if it is determined to have been160
190+concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia161
191+Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not162
192+become effective and shall be automatically repealed in its entirety on July 1, 2026, as163
193+required by subsection (a) of Code Section 47-20-50.164
194+SECTION 6.165
195+All laws and parts of laws in conflict with this Act are repealed.166
196+S. B. 285
197+- 7 -