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 Official Code of Georgia
Annotated, relating to emergency telephone number 9-1-1 system, so as to provide for a
$1.50 increase in the monthly 9-1-1 charge assessed by local governments; to provide for a
$1.50 increase in the monthly wireless enhanced 9-1-1 charge assessed by local
governments; to provide for a $1.50 increase in the prepaid 9-1-1 charge assessed by local
governments; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated,
relating to emergency telephone number 9-1-1 system, is amended in Code Section 46-5-134,
relating to billing of subscribers, liability of subscriber for service charge, taxes on service,
establishment of Emergency Telephone System Fund, cost recovery fee, records, and use of
funds, by revising subsection (a) as follows:
"(a)(1)(A)(i) Unless exempt, the telephone subscriber of any telephone service shall
be billed for the monthly 9-1-1 charge, if any, imposed with respect to such telephone
service by the service supplier. <ins>Beginning on July 1, 2025, such 9-1-1 charge shall
be $3.00</ins> <del>Such 9-1-1 charge shall be $1.50</del> per month per telephone service provided
to the telephone subscriber except as reduced pursuant to paragraph (4) of subsection
(d) of this Code section.
(ii) In computing the amount due under this subsection, the number of 9-1-1 charges
a telephone subscriber shall be assessed shall not exceed the number of simultaneous
outbound calls that can be made from voice channels the service supplier has
activated and enabled. For telephone service that provides to multiple locations
shared simultaneous outbound voice channel capacity configured to and capable of
accessing a 9-1-1 system in different states, the monthly 9-1-1 charge shall be
assessed only for the portion of such shared voice channel capacity in this state as
identified by the service supplier's books and records. In determining the portion of
shared capacity in this state, a service supplier may rely on, among other factors, a
customer's certification of its allocation of capacity in this state, which may be based
on each end user location, the total number of end users, and the number of end users
at each end user location.
(B) All telephone services billed to federal, state, or local governments shall be exempt
from the 9-1-1 charge. Each service supplier shall, on behalf of the local government,
collect the 9-1-1 charge from those telephone subscribers to whom it provides
telephone service in the area served by the emergency 9-1-1 system. As part of its
normal billing process, the service supplier shall collect the 9-1-1 charge for each
month a telephone service is in service, and it shall list the 9-1-1 charge as a separate
entry on each bill. Nothing in this Code section shall be construed to require a service
supplier to list the 9-1-1 charge as a surcharge or separate entry on each bill. Service
suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the
9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that
this information shall be maintained in a form auditors can access. If a service supplier
receives a partial payment for a bill from a telephone subscriber, the service supplier
shall apply the payment against the amount the telephone subscriber owes the service
supplier first.
(C) This paragraph shall not apply to wireless service or prepaid wireless service or the
telephone subscribers or service suppliers of such services.
(2)(A) If the governing body of a local government operates or contracts for the
operation of a public safety answering point that is capable of providing or provides
automatic number identification of a wireless telecommunications connection and the
location of the base station or cell site which receives a 9-1-1 call from a wireless
telecommunications connection, the subscriber of a wireless telecommunications
connection whose place of primary use is within the geographic area that is served by
the local government or that would be served by the local government for the purpose
of such a public safety answering point may be billed for the monthly wireless
enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless
service supplier. <ins>Beginning on July 1, 2025, such wireless enhanced 9-1-1 charge shall
be $3.00</ins> <del>Such wireless enhanced 9-1-1 charge shall be $1.50</del> per month per wireless
telecommunications connection provided to the telephone subscriber except as
otherwise provided in paragraph (4) of subsection (d) of this Code section.
(B) If the governing body of a local government operates or contracts for the operation
of an emergency 9-1-1 system which is capable of providing or provides automatic
number identification and automatic location identification of a wireless
telecommunications connection, the subscriber of a wireless telecommunications
connection whose place of primary use is within the geographic area that is served by
the local government or that would be served by the local government for the purpose
of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced
9-1-1 charge, if any, imposed with respect to that connection by the wireless service
supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the
monthly 9-1-1 charge imposed upon other telephone subscribers pursuant to
paragraph (1) of this subsection and shall be imposed on a monthly basis for each
wireless telecommunications connection provided to the telephone subscriber.
(C) All wireless telecommunications connections billed to federal, state, or local
governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless
service supplier shall, on behalf of the local government, collect the wireless enhanced
9-1-1 charge from those telephone subscribers whose place of primary use is within the
geographic area that is served by the local government or that would be served by the
local government for the purpose of such an emergency 9-1-1 system. As part of its
normal billing process, the wireless service supplier shall collect the wireless enhanced
9-1-1 charge for each month a wireless telecommunications connection is in service,
and it may list the wireless enhanced 9-1-1 charge as a separate entry on each bill.
Nothing in this Code section shall be construed to require a wireless service supplier
to list the 9-1-1 charge as a separate entry on each bill. Wireless service suppliers that
do not list the 9-1-1 charge as a separate entry on each bill shall remit the 9-1-1 charge
for each telephone subscriber that pays the bill; provided, however, that this
information shall be maintained in a form auditors can access. If a wireless service
supplier receives partial payment for a bill from a telephone subscriber, the wireless
service supplier shall apply the payment against the amount the telephone subscriber
owes the wireless service supplier first.
(D) Notwithstanding the foregoing, the application of any 9-1-1 service charge with
respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7),
shall be governed by the provisions of Code Section 48-8-6.
(E) This paragraph shall not apply to prepaid wireless service or the telephone
subscribers or service suppliers of such service."
SECTION 2.
Said part is further amended in Code Section 46-5-134.2, relating to prepaid wireless 9-1-1
charge, definitions, imposition of fee by localities, collection and remission of charges, and
distribution of funds, by revising subsection (b) as follows:
"(b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point,
including counties and municipalities that operate multijurisdictional or regional 9-1-1
systems or have created a joint authority pursuant to Code Section 46-5-138, are
authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the
amount of <del>$1.50</del> <ins>$3.00</ins> per retail transaction. Imposition of the charge authorized by this
Code section by a county or municipality shall be contingent upon compliance with the
requirements of paragraph (1) of subsection (j) of this Code section. <ins>Any charge imposed
by ordinance pursuant to this subsection prior to July 1, 2025, shall, beginning on
July 1, 2025, be in the amount of $3.00.
</ins> (2) Where a county or municipality that operates a 9-1-1 public safety answering point
fails to comply with the requirements of paragraph (1) of subsection (j) of this Code
section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge
authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of
such counties and municipalities as a state fee for state purposes."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.