Bill Text: GA SB482 | 2011-2012 | Regular Session | Introduced
Bill Title: 9-1-1 System; revise the fees for service
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-02-24 - Senate Read and Referred [SB482 Detail]
Download: Georgia-2011-SB482-Introduced.html
12 LC 36
2070
Senate
Bill 482
By:
Senators Tate of the 38th and Jackson of the 2nd
A
BILL TO BE ENTITLED
AN ACT
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
revise the fees for 9-1-1 service; to change what the money from the Emergency
Telephone System Fund may be used to pay for; to provide for related matters; to
provide an effective date; 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 by
revising 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, records, and use of federal, state, municipal, or private
funds, as follows:
"46-5-134.
(a)(1)(A)
The telephone subscriber of any telephone service may be billed for the monthly
9-1-1 charge, if any, imposed with respect to such telephone service by the
service supplier. Such 9-1-1 charge may not exceed
$1.50
the actual
cost, according to generally accepted accounting principles, or
$4.00 per month per telephone service
provided to the telephone
subscriber,
whichever is less. In the event that any
telephone service supplier, due to its normal billing practices, is unable to
charge differing amounts set by each local government as the 9-1-1 charge, such
telephone service supplier shall collect on behalf of local governments that
have authorized a 9-1-1 charge
$1.50
$4.00
per month per telephone service provided to the telephone subscribers to whom it
provides telephone service in every area served by the emergency 9-1-1
system.
(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. 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 authority 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 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 billing address 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
nor exceed
$1.00 per month per wireless telecommunications connection provided to the
telephone subscriber.
(B)
If the governing authority 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 shall list the
wireless enhanced 9-1-1 charge as a separate entry on each bill. 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.
(b)
Every telephone subscriber in the area served by the emergency 9-1-1 system
shall be liable for the 9-1-1 charges and the wireless enhanced 9-1-1 charges
imposed under this Code section until it has been paid to the service supplier.
A service supplier shall have no obligation to take any legal action to enforce
the collection of the 9-1-1 charge or wireless enhanced 9-1-1 charge. The
service supplier shall provide the governing authority within 60 days with the
name and address of each subscriber who has refused to pay the 9-1-1 charge or
wireless enhanced 9-1-1 charge after such 9-1-1 charge or wireless enhanced
9-1-1 charge has become due. A collection action may be initiated by the local
government that imposed the charges, and reasonable costs and attorneys' fees
associated with that collection action may be awarded to the local government
collecting the 9-1-1 charge or wireless enhanced 9-1-1 charge.
(c)
The local government contracting for the operation of an emergency 9-1-1 system
shall remain ultimately responsible to the service supplier for all emergency
9-1-1 system installation, service, equipment, operation, and maintenance
charges owed to the service supplier. Any taxes due on emergency 9-1-1 system
service provided by the service supplier will be billed to the local government
subscribing to the service. State and local taxes do not apply to the 9-1-1
charge or wireless enhanced 9-1-1 charge billed to telephone subscribers under
this Code section.
(d)(1)
Each service supplier that collects 9-1-1 charges or wireless enhanced 9-1-1
charges on behalf of the local government is entitled to retain as an
administrative fee an amount equal to 3 percent of the gross 9-1-1 or wireless
enhanced 9-1-1 charge receipts to be remitted to the local government; provided,
however, that such amount shall not exceed 3¢ for every dollar so remitted.
The remaining amount shall be due quarterly to the local government and shall be
remitted to it no later than 60 days after the close of a calendar
quarter.
(2)
The 9-1-1 charges and the wireless enhanced 9-1-1 charges collected by the
service supplier shall be deposited and accounted for in a separate restricted
revenue fund known as the Emergency Telephone System Fund maintained by the
local government. The local government may invest the money in the fund in the
same manner that other moneys of the local government may be invested and any
income earned from such investment shall be deposited into the Emergency
Telephone System Fund.
(3)
On or before July 1, 2005, any funds that may have been deposited in a separate
restricted wireless reserve account required by this Code section prior to such
date shall be transferred to the Emergency Telephone System Fund required by
paragraph (2) of this subsection.
(4)
The local government may on an annual basis, and at its expense, audit or cause
to be audited the books and records of service suppliers with respect to the
collection and remittance of 9-1-1 charges.
(5)
Such monthly 9-1-1 charges and wireless enhanced 9-1-1 charges may be reduced at
any time by the governing authority by resolution; provided, however, that said
governing authority shall be required to reduce such monthly 9-1-1 charge or
wireless enhanced 9-1-1 charge at any time the projected revenues from 9-1-1
charges or wireless enhanced 9-1-1 charges will cause the unexpended revenues in
the Emergency Telephone System Fund at the end of the fiscal year to exceed by
one and one-half times the unexpended revenues in such fund at the end of the
immediately preceding fiscal year or at any time the unexpended revenues in such
fund at the end of the fiscal year exceed by one and one-half times the
unexpended revenues in such fund at the end of the immediately preceding fiscal
year. Such reduction in the 9-1-1 charge or wireless enhanced 9-1-1 charge
shall be in an amount which will avert the accumulation of revenues in such fund
at the end of the fiscal year which will exceed by one and one-half times the
amount of revenues in the fund at the end of the immediately preceding fiscal
year.
(e)
A wireless service supplier may recover its costs expended on the implementation
and provision of wireless enhanced 9-1-1 services to subscribers in an amount
not to exceed 30¢ of each 9-1-1 charge collected from a place of primary
use that is within the geographic area that is served by the local government or
would be served by the local government for the purpose of such emergency 9-1-1
system; provided, however, that such amount may be increased to 45¢ upon
implementation of step two of the state plan governing 9-1-1 enhanced
communications as provided in subsection (g) of this Code section. Such cost
recovery amount shall be based on the actual cost incurred by the wireless
service supplier in providing wireless enhanced 9-1-1 services.
(f)(1)
In addition to cost recovery as provided in subsection (e) of this Code section,
money from the Emergency Telephone System Fund shall be used only to pay
for:
(A)
The lease, purchase, or maintenance of emergency telephone equipment, including
necessary computer hardware, software, and data base provisioning; addressing;
and nonrecurring costs of establishing a 9-1-1 system;
(B)
The rates associated with the service supplier's 9-1-1 service and other service
supplier's recurring charges;
(C)
The actual cost, according to generally accepted accounting principles, of
salaries and employee benefits incurred by the local government for employees
hired by the local government solely for the operation and maintenance of the
emergency 9-1-1 system and employees who work as directors as that term is
defined in Code Section 46-5-138.2, whether such employee benefits are purchased
directly from a third-party insurance carrier, funded by the local government's
self-funding risk program, or funded by the local government's participation in
a group self-insurance fund. As used in this paragraph, the term 'employee
benefits' means health benefits, disability benefits, death benefits, accidental
death and dismemberment benefits, pension benefits, retirement benefits,
workers' compensation, and such other benefits as the local government may
provide. Said term shall also include any post-employment benefits the local
government may provide;
(D)
The actual cost, according to generally accepted accounting principles, of
training employees hired by the local government solely for the operation and
maintenance of
the
emergency 9-1-1 system and employees who work as directors as that term is
defined in Code Section 46-5-138.2;
(E)
Office supplies of the public safety answering points used directly in providing
emergency 9-1-1 system services;
(F)
The cost of leasing or purchasing a building used as a public safety answering
point. Moneys from the fund shall not be used for the construction or lease of
an emergency 9-1-1 system building until the local government has completed its
street addressing plan;
(G)
The lease, purchase, or maintenance of computer hardware and software used at a
public safety answering point, including computer-assisted dispatch systems and
automatic vehicle location systems;
(H)
Supplies directly related to providing emergency 9-1-1 system services,
including the cost of printing emergency 9-1-1 system public education
materials;
and
(I)
The lease, purchase, or maintenance of logging recorders used at a public safety
answering point to record telephone and radio
traffic;
and
(J)
The cost of providing 9-1-1 services by the local government as authorized in
subparagraphs (A) through (I) of this paragraph not paid for by revenues from
9-1-1 charges or wireless enhanced 9-1-1 charges at the end of any fiscal year
beginning with fiscal year
2007.
(2)(A)
In addition to cost recovery as provided in subsection (e) of this Code section,
money from the Emergency Telephone System Fund may be used to pay for those
purposes set forth in subparagraph (B) of this paragraph, if:
(i)
The local government's 9-1-1 system provides enhanced 9-1-1
service;
(ii)
The revenues from the 9-1-1 charges or wireless enhanced 9-1-1 charges in the
local government's Emergency Telephone System Fund at the end of any fiscal year
shall be projected to exceed the cost of providing enhanced 9-1-1 services as
authorized in subparagraphs (A) through (I) of paragraph (1) of this subsection
and the cost of providing enhanced 9-1-1 services as authorized in subparagraphs
(A) through (I) of paragraph (1) of this subsection includes a reserve amount
equal to at least 10 percent of the previous year's expenditures;
and
(iii)
Funds for such purposes are distributed pursuant to an intergovernmental
agreement between the local governments whose citizens are served by the
emergency 9-1-1 system proportionately by population as determined by the most
recent decennial census published by the United States Bureau of the Census at
the time such agreement is entered into.
(B)
Pursuant to subparagraph (A) of this paragraph, the Emergency Telephone System
Fund may be used to pay for:
(i)
The actual cost, according to generally accepted accounting principles, of
insurance purchased by the local government to insure against the risks and
liability in the operation and maintenance of the emergency 9-1-1 system on
behalf of the local government or on behalf of employees hired by the local
government solely for the operation and maintenance of the emergency 9-1-1
system and employees who work as directors as that term is defined in Code
Section 46-5-138.2, whether such insurance is purchased directly from a
third-party insurance carrier, funded by the local government's self-funding
risk program, or funded by the local government's participation in a group
self-insurance fund. As used in this division, the term 'cost of insurance'
shall include, but shall not be limited to, any insurance premiums, unit fees,
and broker fees paid for insurance obtained by the local
government;
(ii)
The lease, purchase, or maintenance of a mobile communications vehicle and
equipment, if the primary purpose and designation of such vehicle is to function
as a backup 9-1-1 system center;
(iii)
The allocation of indirect costs associated with supporting the 9-1-1 system
center and operations as identified and outlined in an indirect cost allocation
plan approved by the local governing authority that is consistent with the costs
allocated within the local government to both governmental and business-type
activities;
(iv)
The lease, purchase, or maintenance of mobile public safety voice and data
equipment, geo-targeted text messaging alert systems, or towers necessary to
carry out the function of 9-1-1 system operations; and
(v)
The lease, purchase, or maintenance of public safety voice and data
communications systems located in the 9-1-1 system facility that further the
legislative intent of providing the highest level of emergency response service
on a local, regional, and state-wide basis, including equipment and associated
hardware and software that
supports
support
the use of public safety wireless voice and data communication
systems.
(g)
All 9-1-1 systems and communication systems provided pursuant to this part shall
conform to the two-step state plan governing enhanced 9-1-1 service as
follows:
(1)
In step one, the governing authority of a local government shall operate or
contract for the operation of an emergency 9-1-1 system that provides or is
capable of providing automatic number identification of a wireless
telecommunications connection and the location of the base station or cell site
which received a 9-1-1 call from a wireless telecommunications connection;
and
(2)
In step two, the governing authority of a local government shall operate or
contract for the operation of an emergency 9-1-1 system that provides or is
capable of providing automatic number identification and automatic location of a
wireless telecommunications connection.
(h)
The local government may contract with a service supplier for any term
negotiated by the service supplier and the local government for an emergency
9-1-1 system and may make payments from the Emergency Telephone System Fund to
provide any payments required by the contract, subject to the limitations
provided by subsection (e) of this Code section.
(i)
The service supplier shall maintain records of the amount of the 9-1-1 charges
and wireless enhanced 9-1-1 charges collected for a period of at least three
years from the date of collection. The local government may, at its expense,
require an annual audit of the service supplier's books and records with respect
to the collection and remittance of the 9-1-1 charges and wireless enhanced
9-1-1 charges.
(j)
In order to provide additional funding for the local government for emergency
9-1-1 system purposes, the local government may receive federal, state,
municipal, or private funds which shall be expended for the purposes of this
part.
(k)
Subject to the provisions of Code Section 46-5-133, a telephone subscriber may
be billed for the monthly 9-1-1 charge or wireless enhanced 9-1-1 charge for up
to 18 months in advance of the date on which the 9-1-1 system becomes fully
operational.
(l)
In the event the local government is a federal military base providing emergency
services to telephone subscribers residing on the base, a telephone service
supplier is authorized to apply the 9-1-1 charges collected to the bill for
9-1-1 service rather than remit the funds to an Emergency Telephone System
Fund.
(m)(1)
Any local government collecting or expending any 9-1-1 charges or wireless
enhanced 9-1-1 charges in any fiscal year beginning on or after July 1, 2005,
shall document the amount of funds collected and expended from such charges.
Any local government collecting or expending 9-1-1 funds shall certify in
their
its
audit, as required under Code Section 36-81-7, that 9-1-1 funds were expended in
compliance with the expenditure requirements of this Code section.
(2)
Any local government which makes expenditures not in compliance with this Code
section may be held liable for pro rata reimbursement to telephone and wireless
telecommunications subscribers of amounts improperly expended. Such liability
may be established in judicial proceedings by any aggrieved party. The
noncompliant local government shall be solely financially responsible for the
reimbursement and for any costs associated with the reimbursement. Such
reimbursement shall be accomplished by the service suppliers abating the
imposition of the 9-1-1 charges and wireless enhanced 9-1-1 charges until such
abatement equals the total amount of the rebate."
SECTION
2.
Said
part is further amended by revising Code Section 46-5-138.1, relating to
guidelines pertaining to additional charges involving contracts between two or
more counties, as follows:
"46-5-138.1.
(a)
Notwithstanding any provision of paragraph (1) of subsection (a) of Code Section
46-5-134 to the contrary, where two or more counties, none of which offers
emergency 9-1-1 system services on May 1, 1998, and any participating
municipalities within such counties, if any, agree by intergovernmental contract
to initiate or contract for the joint operation of an emergency 9-1-1 system for
the first time after May 1, 1998, such local governments may impose a monthly
9-1-1 charge which exceeds
$1.50
$4.00
per telephone service but only so long as the following procedure shall be
followed:
(1)
The participating local governments shall, with input from a telephone service
supplier, prepare an estimated budget for the implementation of the joint
emergency 9-1-1 system with costs limited to items eligible for funding through
the Emergency Telephone System Fund;
(2)
An estimate of the revenue to be generated by the 9-1-1 charge authorized by
paragraph (1) of subsection (a) of Code Section 46-5-134 during the first 18
months of collection shall be prepared;
(3)
If the total amount necessary for implementation of the emergency 9-1-1 system
in paragraph (1) of this subsection exceeds the estimated revenue from
imposition of the 9-1-1 charge specified in paragraph (2) of this subsection,
the monthly 9-1-1 charge per telephone service may be increased on a pro rata
basis during the first 18 months of collection to the extent necessary to
provide revenue sufficient to pay the amount specified in paragraph (1) of this
subsection, but in no case shall such monthly charge be greater than
$2.50
$5.00
per telephone service. Notwithstanding subsection (i) of Code Section 46-5-134,
if each local governing body which is a party to an intergovernmental contract
certifies to the service provider in writing prior to the end of the 18 month
period in advance of the date on which the 9-1-1 system was to have become fully
operational that the system cannot be placed in operation on the date originally
projected but that all parties are proceeding in a diligent and timely fashion
to implement such service, the service provider shall continue to collect the
monthly 9-1-1 charge for an additional period of 18 months or until the 9-1-1
system becomes fully operational, whichever occurs first; and
(4)
Such local governments shall comply with the requirements of Code Section
46-5-133 which relate to the imposition of a monthly 9-1-1 charge.
Nothing
in this subsection shall be construed to authorize the imposition of any charge
upon a wireless service. Except as otherwise provided in this subsection, the
requirements of Code Section 46-5-134 which relate to monthly 9-1-1 charges on
telephone services shall apply to charges imposed pursuant to this
subsection.
(b)
The increased monthly 9-1-1 charge authorized by subsection (a) of this Code
section shall also be available to any joint 9-1-1 authority created pursuant to
Code Section 46-5-138 after May 1, 1998."
SECTION
3.
This
Act shall become effective on July 1, 2012.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.