hb148_LC_14_8916_a_2.html
05 LC 14 8916
House Bill 148
By: Representatives Lucas of the 139th, Burkhalter of the 50th, and Lewis of the 15th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to billing, collection, and use of emergency "911" telephone charges, so as to provide that local governments shall make periodic reports to the Georgia Emergency Management Agency of amounts collected and expended; to provide for local government refunds to telephone subscribers of any amounts improperly expended; to provide for administrative penalties for late or improper reports; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to billing, collection, and use of emergency "911" telephone charges, is amended by adding at its end a new subsection (k) to read as follows:
"(k)(1) Each local government collecting or expending any "911" charges or wireless enhanced "911" charges in any fiscal year beginning on or after July 1, 2005, shall make an annual report of its collections and expenditures to the Georgia Emergency Management Agency. The purpose of such report shall be to verify the local government́s compliance with the expenditure requirements of this Code section. Such report shall be in such form and shall be due at such time as shall be prescribed by rule or regulation of the Georgia Emergency Management Agency.
(2) Any local government which makes expenditures not in compliance with this Code section may be held liable for pro rata reimbursement to telephone subscribers of amounts improperly expended. Such liability may be established in judicial proceedings by any aggrieved party or by the Georgia Emergency Management Agency in administrative proceedings commenced on the initiative of the Georgia Emergency Management Agency.
(3) Any local government which fails to file a timely and proper report as required by this Code section shall be subject to an administrative penalty, to be imposed by the Georgia Emergency Management Agency, not to exceed $1,000.00 for each day such report is delinquent."

SECTION 2.
This Act shall become effective on July 1, 2005, and shall apply with respect to charges remitted to local governments on or after that date.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.