HB578: HB578 Public utilities; $1.50 increase in monthly 9-1-1 charge assessed by local governments; provide

25 LC 56 0324 House Bill 578 By: Representatives Cheokas of the 151st, Greene of the 154th, Cannon of the 172nd, Smith of the 18th, Mathis of the 133rd, and others A BILL TO BE ENTITLED AN ACT To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Of ficial Code of Georgia1 Annotated, relating to emergency telephone number 9-1-1 system, so as to provide for a2 $1.50 increase in the monthly 9-1-1 charge assessed by local governments; to provide for a3 $1.50 increase in the monthly wireless enhanced 9-1-1 charge as sessed by local4 governments; to provide for a $1.50 increase in the prepaid 9-1-1 charge assessed by local5 governments; to provide for related matters; to repeal conflict ing laws; and for other6 purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Co de of Georgia Annotated,10 relating to emergency telephone number 9-1-1 system, is amended in Code Section 46-5-134,11 relating to billing of subscribers, liability of subscriber for service charge, taxes on service,12 establishment of Emergency Telephone System Fund, cost recovery fee, records, and use of13 funds, by revising subsection (a) as follows:14 "(a)(1)(A)(i) Unless exempt, the telephone subscriber of any telephone service shall15 be billed for the monthly 9-1-1 charge, if any, imposed with respect to such telephone16 H. B. 578 - 1 - 25 LC 56 0324 service by the service supplier. Beginning on July 1, 2025, such 9-1-1 charge shall17 be $3.00 Such 9-1-1 charge shall be $1.50 per month per telephone service provided18 to the telephone subscriber except as reduced pursuant to paragraph (4) of subsection19 (d) of this Code section.20 (ii) In computing the amount due under this subsection, the number of 9-1-1 charges21 a telephone subscriber shall be assessed shall not exceed the number of simultaneous22 outbound calls that can be made from voice channels the service supplier has23 activated and enabled. For telephone service that provides to multiple locations24 shared simultaneous outbound voice channel capacity configured to and capable of25 accessing a 9-1-1 system in different states, the monthly 9-1-1 charge shall be26 assessed only for the portion of such shared voice channel capa city in this state as27 identified by the service supplier's books and records. In determining the portion of28 shared capacity in this state, a service supplier may rely on, among other factors, a29 customer's certification of its allocation of capacity in this state, which may be based30 on each end user location, the total number of end users, and the number of end users31 at each end user location.32 (B) All telephone services billed to federal, state, or local governments shall be exempt33 from the 9-1-1 charge. Each service supplier shall, on behalf of the local government,34 collect the 9-1-1 charge from those telephone subscribers to wh om it provides35 telephone service in the area served by the emergency 9-1-1 sys tem. As part of its36 normal billing process, the ser vice supplier shall collect the 9-1-1 charge for each37 month a telephone service is in service, and it shall list the 9-1-1 charge as a separate38 entry on each bill. Nothing in this Code section shall be construed to require a service39 supplier to list the 9-1-1 charge as a surcharge or separate entry on each bill. Service40 suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the41 9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that42 this information shall be maintained in a form auditors can access. If a service supplier43 H. B. 578 - 2 - 25 LC 56 0324 receives a partial payment for a bill from a telephone subscrib er, the service supplier44 shall apply the payment against the amount the telephone subscriber owes the service45 supplier first.46 (C) This paragraph shall not apply to wireless service or prepaid wireless service or the47 telephone subscribers or service suppliers of such services.48 (2)(A) If the governing body of a local government operates or contracts for the49 operation of a public safety answering point that is capable of providing or provides50 automatic number identification of a wireless telecommunications connection and the51 location of the base station or cell site which receives a 9-1- 1 call from a wireless52 telecommunications conne ction, the subscriber of a wireless tel ecommunications53 connection whose place of primary use is within the geographic area that is served by54 the local government or that would be served by the local government for the purpose55 of such a public safety answering point may be billed for the m onthly wireless56 enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless57 service supplier. Beginning on July 1, 2025, such wireless enhanced 9-1-1 charge shall58 be $3.00 Such wireless enhanced 9-1-1 charge shall be $1.50 per month per wireless59 telecommunications connection provided to the telephone subscri ber except as60 otherwise provided in paragraph (4) of subsection (d) of this Code section.61 (B) If the governing body of a local government operates or contracts for the operation62 of an emergency 9-1-1 system which is capable of providing or p rovides automatic63 number identification and automatic location identification of a wireless64 telecommunications connection, the subscriber of a wireless tel ecommunications65 connection whose place of primary use is within the geographic area that is served by66 the local government or that would be served by the local government for the purpose67 of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced68 9-1-1 charge, if any, imposed with respect to that connection b y the wireless service69 supplier. Such wireless enhanced 9-1-1 charge may not exceed t he amount of the70 H. B. 578 - 3 - 25 LC 56 0324 monthly 9-1-1 charge imposed upon other telephone subscribers p ursuant to71 paragraph (1) of this subsection and shall be imposed on a mont hly basis for each72 wireless telecommunications connection provided to the telephone subscriber.73 (C) All wireless telecommunications connections billed to fede ral, state, or local74 governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless75 service supplier shall, on behalf of the local government, collect the wireless enhanced76 9-1-1 charge from those telephone subscribers whose place of primary use is within the77 geographic area that is served by the local government or that would be served by the78 local government for the purpose of such an emergency 9-1-1 sys tem. As part of its79 normal billing process, the wireless service supplier shall collect the wireless enhanced80 9-1-1 charge for each month a wireless telecommunications connection is in service,81 and it may list the wireless enhanced 9-1-1 charge as a separat e entry on each bill. 82 Nothing in this Code section shall be construed to require a wi reless service supplier83 to list the 9-1-1 charge as a separate entry on each bill. Wireless service suppliers that84 do not list the 9-1-1 charge as a separate entry on each bill shall remit the 9-1-1 charge85 for each telephone subscriber that pays the bill; provided, how ever, that this86 information shall be maintained in a form auditors can access. If a wireless service87 supplier receives partial payment for a bill from a telephone s ubscriber, the wireless88 service supplier shall apply the payment against the amount the telephone subscriber89 owes the wireless service supplier first.90 (D) Notwithstanding the foregoing, the application of any 9-1- 1 service charge with91 respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7),92 shall be governed by the provisions of Code Section 48-8-6.93 (E) This paragraph shall not apply to prepaid wireless service or the telephone94 subscribers or service suppliers of such service."95 H. B. 578 - 4 - 25 LC 56 0324 SECTION 2.96 Said part is further amended in Code Section 46-5-134.2, relating to prepaid wireless 9-1-197 charge, definitions, imposition of fee by localities, collection and remission of charges, and98 distribution of funds, by revising subsection (b) as follows:99 "(b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point,100 including counties and municipalities that operate multijurisdictional or regional 9-1-1101 systems or have created a joint authority pursuant to Code Sect ion 46-5-138, are102 authorized to impose by ordinance or resolution a prepaid wirel ess 9-1-1 charge in the103 amount of $1.50 $3.00 per retail transaction. Imposition of the charge authorized by this104 Code section by a county or municipality shall be contingent upon compliance with the105 requirements of paragraph (1) of subsection (j) of this Code section. Any charge imposed106 by ordinance pursuant to this subsection prior to July 1, 2025, shall, beginning on107 July 1, 2025, be in the amount of $3.00.108 (2) Where a county or municipality that operates a 9-1-1 public safety answering point109 fails to comply with the requirements of paragraph (1) of subse ction (j) of this Code110 section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge111 authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of112 such counties and municipalities as a state fee for state purposes."113 SECTION 3.114 All laws and parts of laws in conflict with this Act are repealed.115 H. B. 578 - 5 -