06 LC 21
8829
House
Bill 1466
By:
Representatives Lunsford of the
110th,
Forster of the
3rd,
Yates of the
73rd,
and Knight of the
126th
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 the emergency telephone number 9-1-1 system, so
as to define certain terms; to provide for a 9-1-1 surcharge on prepaid wireless
service subscriptions; to provide for the collection of such surcharge and the
deposit of the same into the state treasury; to provide for the Emergency 9-1-1
Assistance Fund; to provide a statement of intent vis-a-vis the appropriation of
funds; to provide for the lapse of unexpended amounts; to provide for
administration of the fund by the Department of Community Affairs; to provide
for assistance grants to local governments operating or implementing emergency
9-1-1 systems; to provide for the Emergency 9-1-1 Assistance Fund Committee; to
provide for membership, appointment, and terms; to provide that such committee
shall make decisions relating to awarding assistance grants; 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 the emergency telephone number 9-1-1 system, is amended
by striking in its entirety paragraph (7) of Code Section 46-5-122, relating to
definitions, and inserting in lieu thereof the following:
"(7)
'Exchange access facility' means the access from a particular telephone
subscribeŕs
premises to the telephone system of a service supplier. Exchange access
facilities include service supplier provided access lines, PBX trunks, and
Centrex network access registers, all as defined by tariffs of the telephone
companies as approved by the Georgia Public Service Commission.
Exchange
access facilities also include voice over Internet protocol service
suppliers. Exchange access facilities do
not include service supplier owned and operated telephone pay station lines,
Wide Area Telecommunications Services (WATS), Foreign Exchange (FX), or incoming
only
lines."
SECTION
2.
Said
part is further amended by inserting immediately following paragraph (17) of
Code Section 46-5-122, relating to definitions, two new paragraphs to read as
follows:
"(17.1)
'Voice over Internet protocol' means a technology that permits a voice
conversation using a voice connection to a computer, whether through a
microphone, a telephone, or other device, which sends a digital signal over the
Internet through a broadband connection to be converted back to the human voice
at a distant terminal.
(17.2)
'Voice over Internet protocol service supplier' means a person who supplies
voice over Internet protocol capabilities to subscribers for a
fee."
SECTION
3.
Said
part is further amended by inserting immediately following Code Section
46-5-134.1 a new Code section to read as follows:
"46-5-134.2.
(a)
A 9-1-1 surcharge shall be imposed on all prepaid wireless service subscriptions
in the amount of $1.50 per month as provided in this Code section.
(b)
For a customer with prepaid wireless telephone service, the prepaid wireless
service supplier shall charge that
customeŕs
prepaid service by either:
(1)
Charging to the
customeŕs
prepaid account the amount of the monthly surcharge when the balance of the
prepaid account is greater than or equal to the monthly surcharge provided for
in subsection (a) of this Code section; or
(2)
Dividing the total prepaid wireless telephone revenue earned and received in the
state in a calendar month during the surcharge period by $50.00 and multiplying
the quotient by the monthly surcharge provided for in subsection (a) of this
Code section.
(c)
Each prepaid wireless service supplier shall collect the surcharge provided for
in this Code section and remit the same monthly to the Department of Community
Affairs. The department shall deposit all funds received into the general fund
of the state treasury in compliance with Article 4 of Chapter 12 of Title 45,
the 'Budget Act.'
(d)
There is created the Emergency 9-1-1 Assistance Fund to be administered by the
Department of Community Affairs. It is the intention of the General Assembly
that an amount equal to the amount deposited into the general fund of the state
treasury as provided in subsection (c) of this Code section be appropriated each
year to the fund; provided, however, that any such funds unused at the end of
each fiscal year shall lapse back into the state treasury as required by Article
III, Section IX, Paragraph IV of the Constitution. The governing authority of a
local government which operates or is in the process of implementing an
emergency 9-1-1 system may apply to the department for an assistance grant.
The department shall by rule or regulation provide for the application process
and for the administration of the fund. Decisions on the issuance of assistance
grants shall be made by the Emergency 9-1-1 Assistance Fund Committee
established by subsection (e) of this Code section.
(e)
There is established the Emergency 9-1-1 Assistance Fund Committee to be
composed of five members appointed by the Governor to serve terms of four years.
Members may be appointed to succeed themselves. The Governor shall designate one
member as chairperson. Members may be appointed from the public or private
sectors. Members of the committee appointed from the private sector shall
serve without compensation, but all members shall be entitled to receive the
same per diem expense authorized by law for members of the General Assembly,
payable from the Emergency 9-1-1 Assistance Fund. The committee shall meet at
the call of the chairperson as needed to make determinations on applications for
assistance grants as provided in subsection (d) of this Code section. The
Department of Community Affairs shall provide clerical and technical services
to the
committee."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.