hb470_LC_21_8342S_hs

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05 HB 470/CSFA

House Bill 470 (COMMITTEE SUBSTITUTE) (AM)

By: Representatives Lunsford of the 110th, Golick of the 34th, Smith of the 129th, Roberts of the 154th, Lewis of the 15th, and others

A BILL TO BE ENTITLED
AN ACT

To amend the following provisions of the Official Code of Georgia Annotated, so as to change all references to "911" emergency numbers to read 9-1-1; Article 2 of Chapter 10 of Title 20, relating to obstruction of public administration; Article 2 of Chapter 5 of Title 46, relating to telephone service; Code Section 19-13-51, relating to definitions relative to the "Family Violence and Stalking Protective Order Registry Act,"; Code Section 31-11-1, relating to findings and declaration of policy relative to emergency services; Code Section 33-9-39, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians; Code Section 36-60-19, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance; Code Section 38-3-20, relating to presentment of boundary dispute by grand jury, certification to Governor, appointment of surveyor to define line, and return of survey and plat to Secretary of State; Code Section 38-3-27, relating to local organizations for emergency management, creation, structure, powers, directors, appointment, qualifications, and compensation, state to provide financial assistance, and entitlement for funding; and Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority; to amend Article 2 of Chapter 5 of Title 46, relating to telephone service, so as to define certain terms; to change references to "911" numbers to read 9-1-1; to change the membership of the 9-1-1 Advisory Committee; to provide for the update of information in a certain report; to provide a penalty; to provide for the use of a wireless customeŕs place of primary use; to provide for a maximum administrative fee; to provide for the administration of certain funds; to provide for the recovery of costs; to provide for a state plan governing 911 enhanced systems; to provide for a reporting of the expenditure of funds; to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and use tax, so as to define certain terms; to provide for a method of making a notification of billing error; to provide for the identification of the place of primary use for wireless customers; to provide for the provision of certain customer information to certain state agencies; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by striking in its entirety Code Section 16-10-24.3, relating to obstructing or hindering persons making emergency telephone calls, and inserting in lieu thereof the following:

"16-10-24.3.

Any person who verbally or physically obstructs, prevents, or hinders another person with intent to cause or allow physical harm or injury to another person from making or completing a 911 9-1-1 telephone call or a call to any law enforcement agency to request police protection or to report the commission of a crime is guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or both."

SECTION 2.

Code Section 19-13-51 of the Official Code of Georgia Annotated, relating to definitions relative to the "Family Violence and Stalking Protective Order Registry Act," is amended by striking in its entirety paragraph (4) and inserting in lieu thereof the following:

"(4) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the following: state or local officer, sheriff, deputy sheriff, dispatcher, 911 9-1-1 operator, police officer, prosecuting attorney, member of the State Board of Pardons and Paroles, a hearing officer and parole officer of the State Board of Pardons and Paroles, and a probation officer of the Department of Corrections."

SECTION 3.

Code Section 31-11-1 of the Official Code of Georgia Annotated, relating to 31-11-1, findings and declaration of policy relative to emergency services, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof the following:

"(a)(4) That the administration of an emergency medical systems communications program should be the responsibility of the Department of Human Resources, acting upon the recommendations of the local entity which coordinates the program; all ambulance services shall be a part of this system even if this system is the '911' 9-1-1 emergency telephone number;"

SECTION 4.

Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to automated external defibrillator program, establishment, regulations, and liability, is amended by striking in its entirety paragraph (3) of subsection (b) and inserting in lieu thereof the following:

"(b)(3) All persons who use an automated external defibrillator shall activate the emergency medical services system as soon as reasonably possible by calling '911' 9-1-1 or the appropriate emergency telephone number upon use of the automated external defibrillator; and"

SECTION 5.

Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians, is amended by striking in its entirety paragraph (2) and inserting in lieu thereof the following:

"(2) For which the law enforcement officer, firefighter, or emergency medical technician furnishes proof, in the form of copies of the accident report, 911 9-1-1 emergency dispatch log, or the employing agencýs documents, to the insurer of the condition provided in paragraph (1) of this Code section."

SECTION 6.

Code Section 36-60-19 of the Official Code of Georgia Annotated, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:

"(b) On and after January 1, 1999, no monthly '911' 9-1-1 charge provided for in Code Section 46-5-133 may be imposed for the support of any dispatch center unless such dispatch center is in compliance with the requirements of this Code section."

SECTION 7.

Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Emergency Management Agency, director, staff, offices, directoŕs duties, and disaster coordinator, is amended by striking subsections (c) and (e) and inserting in lieu thereof, respectively, the following:

"(c) The director may employ such professional, technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency management, as may be necessary to carry out the purposes of Article 1, this article, and Article 3 of this chapter, the duties of the agency and the director described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number "911" 9-1-1 Service Act of 1977,' as amended."

"(e) The director, subject to the direction and control of the Governor, shall be the executive head of the Georgia Emergency Management Agency and shall be responsible to the Governor for carrying out the program for emergency management in this state. He or she shall coordinate the activities of all organizations for emergency management within the state, shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by Article 1, this article, and Article 3 of this chapter as may be prescribed by the Governor and such additional authority, duties, and responsibilities as described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number "911" 9-1-1 Service Act of 1977,' as amended."

SECTION 8.

Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, creation, structure, powers, directors, appointment, qualifications, compensation, state to provide financial assistance, and entitlement for funding, is amended by striking in its entirety paragraph (5) of subsection (a) and inserting in lieu thereof the following:

"(a)(5) The political subdivision shall designate an office in a building owned or leased by the political subdivision as the office of emergency management. Such office of emergency management shall have appropriate equipment and supplies, including but not limited to telephone and communication equipment, connections access to the '911' 9-1-1 system if such system is operational in the political subdivision, desks, typewriters, file cabinets, and necessary office supplies. No such equipment or supplies shall be used for personal business. The local director shall post on the front door of the office the schedule of hours of the work week in which he will be attending to emergency management matters. The citizens of a political subdivision shall have accessibility to the office of emergency management and the local director or his designee shall be available or on call at all times beyond working hours."

SECTION 9.

Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service is amended by striking in its entirety Part 4, the "Georgia Emergency Telephone Number '911' Service Act of 1977," and inserting in lieu thereof the following:

"Part 4

46-5-120.

This part shall be known and may be cited as the 'Georgia Emergency Telephone Number "911" 9-1-1 Service Act of 1977.'

46-5-121.

(a) The General Assembly finds and declares that it is in the public interest to shorten the time required for a citizen to request and receive emergency aid. There currently exist numerous different emergency phone numbers throughout the state. Provision for a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained would provide a significant contribution to law enforcement and other public service efforts by making it easier to notify public safety personnel. Such a simplified means of procuring emergency services will result in the saving of lives, a reduction in the destruction of property, and quicker apprehension of criminals. It is the intent of the General Assembly to establish and implement a cohesive state-wide emergency telephone number '911' 9-1-1 system which will provide citizens with rapid, direct access to public safety agencies by dialing telephone number '911' 9-1-1 with the objective of reducing the response time to situations requiring law enforcement, fire, medical, rescue, and other emergency services.

(b) The General Assembly further finds and declares that the benefits of '911' 9-1-1 service should be widely available, regardless of whether a '911' 9-1-1 call is placed from a traditional landline telephone or from a wireless telephone. It is also in the public interest that users of wireless telephones should bear some of the cost of providing this life-saving service, as users of landline telephones currently do. It is the intent of the General Assembly to bring wireless telephone service within the scope of this part and to establish a means by which local public safety agencies may provide enhanced '911' 9-1-1 service to wireless telephone users.

46-5-122.

As used in this part, the term:

(1) 'Addressing' means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government́s geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the '911' 9-1-1 data base and facilitates quicker response by public safety agencies.

(1.1)(2) 'Agency' means the Georgia Emergency Management Agency established pursuant to Code Section 38-3-20 unless the context clearly requires otherwise.

(2)(3) 'Director' means the director of emergency management appointed pursuant to Code Section 38-3-20.

(4) 'Cost recovery' means the mechanism by which service suppliers may recover the recurring and nonrecurring costs they expend on the implementation of wireless 9-1-1 services.

(3)(5) 'Emergency "911" 9-1-1 system' means a local exchange telephone service or wireless service which facilitates the placing of calls by persons in need of emergency services to a public safety answering point by dialing the telephone number '911' 9-1-1 and under which calls to '911' 9-1-1 are answered by public safety answering points established and operated by the local government subscribing to the '911' 9-1-1 service. The term 'emergency "911" 9-1-1 system' also includes 'enhanced "911" 9-1-1 service,' which means an emergency telephone system that provides the caller with emergency '911' 9-1-1 system service and, in addition, directs '911' 9-1-1 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features.

(6) 'Enhanced ZIP code' means a United States postal ZIP code of 9 or more digits.

(4)(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 do not include service supplier owned and operated telephone pay station lines, Wide Area Telecommunications Services (WATS), Foreign Exchange (FX), or incoming only lines.

(8) 'FIPS' means the Federal Information Processing Standard (FIPS) 55-3 or any future enhancement.

(5)(9) 'Local government' means any city, county, military base, or political subdivision of Georgia and its agencies.

(10) 'Mobile telecommunications service' means commercial mobile radio service, as such term is defined in 47 C.F.R. Section 20.3 as in effect on June 1, 1999, or as subsequently amended.

(6)(11) '"911" 9-1-1 charge' means a contribution to the local government for the '911' 9-1-1 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, nonrecurring and recurring installation, maintenance, service, and network charges of a service supplier providing '911' 9-1-1 service pursuant to this part, and costs associated with the hiring, training, and compensating of dispatchers employed by the local government to operate said '911' 9-1-1 system at the public safety answering points.

(12) 'Place of primary use' means the street address representative of where the customeŕs use of the mobile telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer.

(7)(13) 'Public agency' means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide fire-fighting, law enforcement, ambulance, medical, or other emergency services.

(8)(14) 'Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, civil defense emergency management dispatching, poison control, drug prevention, child abuse, spouse abuse, or other emergency services.

(8.1)(15) 'Public safety answering point' means the public safety agency which receives incoming '911' 9-1-1 telephone calls and dispatches appropriate public safety agencies to respond to such calls.

(9)(16) 'Service supplier' means a person or entity who provides local exchange telephone service or wireless service to a telephone subscriber.

(10)(17) 'Telephone subscriber' means a person or entity to whom local exchange telephone service or wireless service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription. When the same person, business, or organization has several wireless telephones, each wireless telecommunications connection shall constitute a separate connection.

(11)(18) 'Wireless enhanced "911" 9-1-1 charge' means a contribution to the local government for the following:

(A) The costs to the local government of implementing or upgrading, and maintaining, an emergency '911' 9-1-1 system which is capable of receiving and utilizing the following information, as it relates to '911' 9-1-1 calls made from a wireless telecommunications connection: automatic number identification, the location of the base station or cell site which receives the '911' 9-1-1 call, and the location of the wireless telecommunications connection;

(B) Nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier to provide the information described in subparagraph (A) of this paragraph; and

(C) Other costs which may be paid with money from the Emergency Telephone System Fund, pursuant to subsection (e) of Code Section 46-5-134.

(12)(19) 'Wireless service' means 'commercial mobile service' as defined under Section 332(D) of the federal Telecommunications Act of 1996 (47 U.S.C. Section 157, et seq.), regulations of the Federal Communications Commission, and the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) and includes real-time, two-way interconnected voice service which is provided over networks which utilize intelligent switching capability and offer seamless handoff to customers. The term does not include one-way signaling service, data transmission service, nonlocal radio access line service, or a private telecommunications service.

(13)(20) 'Wireless service supplier' means a provider of wireless service.

(14)(21) 'Wireless telecommunications connection' means any mobile station for wireless service that connects a provider of wireless service to a provider of local exchange telephone service.

46-5-123.

(a) For the purposes of the development and implementation of a plan for the state-wide emergency telephone number '911' 9-1-1 system, there is created the '911' 9-1-1 Advisory Committee to be composed of the director of emergency management, who shall serve as chairperson; the commissioner of administrative services director of the Georgia Technology Authority or his or her designee; and ten other members appointed by the Governor, as follows:

(1) Three members appointed from nominees of the Georgia Municipal Association;

(2) Three members appointed from nominees of the Association County Commissioners of Georgia; and

(3) Four members who are experienced in and currently involved in the management of emergency telephone systems, at least one of whom shall be a representative of a wireless service supplier and one of whom shall be a representative of a land based service supplier.

(b) When appointments are made, the associations making nominations pursuant to this Code section shall submit at least three times as many nominees as positions to be filled at that time by nominees of the association.

(c) The appointed members of the committee shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as the original appointment.

46-5-124.

(a) The agency shall develop guidelines for implementing a state-wide emergency telephone number '911' 9-1-1 system. The guidelines shall provide for:

(1) Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a '911' 9-1-1 system that will incorporate the requirements of each public service agency in each local government of Georgia;

(2) Identification of mutual aid agreements necessary to effect the '911' 9-1-1 system, including coordination on behalf of the State of Georgia with any federal agency to secure financial assistance or other desirable activities in connection with the receipt of funding that may be provided to communities for the planning, development, or implementation of the '911' 9-1-1 system;

(3) The coordination necessary between local governments planning or developing a '911' 9-1-1 system and other state agencies, the Public Service Commission, all affected utility and telephone companies, wireless service suppliers, and other agencies;

(4) The actions to establish emergency telephone communications necessary to meet the requirements for each local government, including law enforcement, fire-fighting, medical, suicide prevention, rescue, or other emergency services; and

(5) The actions to be taken by a local government desiring to provide wireless enhanced '911' 9-1-1 service, including requirements contained in 47 Code of Federal Regulations Section 20.18.

(b) The agency shall be responsible for encouraging and promoting the planning, development, and implementation of local '911' 9-1-1 system plans. The agency shall develop any necessary procedures to be followed by public agencies for implementing and coordinating such plans and shall mediate whenever disputes arise or agreements cannot be reached between the local political jurisdiction and other public agencies entities involving the '911' 9-1-1 system.

(c) Subject to the approval of the Governor, the director shall be authorized to promulgate rules and regulations to establish minimum standards relating to training and equipment. Such training standards shall not be inconsistent with the training course or certification required for communications officers under Code Section 35-8-23. Notwithstanding any other law to the contrary, no communications officer hired to the staff of a '911' 9-1-1 communications center shall be required to complete his or her training pursuant to Code Section 35-8-23 prior to being hired or employed for such position.

(d) The agency shall maintain the registry of wireless service suppliers provided for in Code Section 46-5-124.1.

46-5-124.1.

(a) Any service provider doing business Any wireless service supplier that provides wireless service or is authorized to provide wireless service in Georgia shall register the following information with the director:

(1) The name, address, and telephone number of the representative of the wireless service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a wireless telecommunications connection should be submitted;

(2) The name, address, and telephone number of the representative of the wireless service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a wireless telecommunications connection;

(3) The counties in Georgia in which the wireless service supplier is authorized to provide wireless service at the time the filing is made; and

(4) Every corporate name under which the wireless service supplier is authorized to provide wireless service in Georgia.

(b) A wireless service supplier shall notify the director of any change to the information described in subsection (a) of this Code section within 30 days of such change. After the initial submission by each service supplier doing business in this state, the information required by subsection (a) of this Code section shall be updated and submitted to the director by the tenth day of January and the tenth day of July of each year or such other semiannual schedule as the director may establish.

(c) The director shall send a notice of delinquency to any service provider which fails to comply with subsection (b) of this Code section. Such notice shall be sent by certified mail or statutory overnight delivery. Any service provider which fails to register and provide the information required by this Code section within 30 days after receipt of a notice of delinquency shall not be eligible to receive cost recovery funds as provided in subsection (e) of Code Section 46-5-134 until the service provider in compliance with subsection (b) of this Code section.

46-5-125

Nothing in this part shall be construed to prohibit or discourage the formation of multijurisdictional or regional '911' 9-1-1 systems; and any system established pursuant to this part may include the jurisdiction, or any portion thereof, of more than one public agency.

46-5-126.

The agency shall coordinate its activities with those of the Public Service Commission, which shall encourage the Georgia telephone industry to activate facility modification plans for a timely '911' 9-1-1 implementation.

46-5-127.

After January 1, 1978, no emergency telephone number '911' 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced '911' 9-1-1 service, without written confirmation by the agency that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124.

46-5-128.

All public agencies shall assist the agency in its efforts to carry out the intent of this part; and such agencies shall comply with the guidelines developed pursuant to Code Section 46-5-124 by furnishing a resolution of intent regarding an emergency telephone number '911' 9-1-1 system.

46-5-129

The agency may develop a '911' 9-1-1 emblem which may be utilized on marked vehicles used by public safety agencies participating in a local '911' 9-1-1 system.

46-5-130

The agency is authorized to apply for and accept federal funding assistance in the development and implementation of a state-wide emergency telephone number '911' 9-1-1 system.

46-5-131

(a) Whether participating in a state-wide emergency '911' 9-1-1 system or an emergency '911' 9-1-1 system serving one or more local governments, neither the state nor any local government of the state nor any emergency '911' 9-1-1 system provider, its employees, directors, officers, and agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for death or injury to the person or for damage to property as a result of either developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in operating the '911' 9-1-1 emergency telephone system or in the identification of the telephone number, address, or name associated with any person accessing an emergency '911' 9-1-1 system.

(b) No local government of the State of Georgia shall be required to release, indemnify, defend, or hold harmless any emergency '911' 9-1-1 system provider from any loss, claim, demand, suit, or other action or any liability whatsoever which arises out of subsection (a) of this Code section, unless the local government agrees or has agreed to assume such obligations.

46-5-132

It shall be unlawful for any wireless service supplier to assess or charge any fee for an emergency telephone call placed on a '911' 9-1-1 emergency telephone system. The prohibition provided for in this Code section shall only apply to actual emergency telephone calls made on such system and shall not apply to nor prohibit any fee assessed or charged for the implementation or enhancement of such system.

46-5-133.

(a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency '911' 9-1-1 system is authorized to adopt a resolution to impose a monthly '911' 9-1-1 charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the '911' 9-1-1 service. Subject to the provisions of subsection (b) of this Code section and of subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-5-134, the governing authority of any local government which operates or contracts for the operation of an emergency '911' 9-1-1 system which is capable of providing or provides enhanced '911' 9-1-1 service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced '911' 9-1-1 charge upon each wireless telecommunications connection subscribed to by telephone subscribers whose billing address 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 '911' 9-1-1 system. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the '911' 9-1-1 charge or wireless enhanced '911' 9-1-1 charge, as provided in the resolution, shall become effective; provided, however, that such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The '911' 9-1-1 charge must be uniform, may not vary according to the type of exchange access facility used, and may be billed on a monthly or quarterly basis. The wireless enhanced '911' 9-1-1 charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis.

(b)(1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either:

(A) A majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such local government when requested by such local government authority. The question or questions on the ballot shall be as prescribed by the election superintendent, provided that separate questions may be posed regarding implementation of a '911' 9-1-1 charge and of a wireless enhanced '911' 9-1-1 charge; or

(B) After a public hearing held upon not less than ten dayś public notice.

(2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a local exchange telephone service supplier for the purchase or operation, or both, of a local exchange telephone '911' 9-1-1 system.

(c) On and after January 1, 1999, no monthly '911' 9-1-1 charge provided for in this Code section may be imposed or continue to be imposed unless each dispatch center funded in whole or in part from such charges is in compliance with Code Section 36-60-19, relating to required TDD training for communications officers.

46-5-134.

(a)(1) The subscriber of an exchange access facility may be billed for the monthly '911' 9-1-1 charge, if any, imposed with respect to that facility by the service supplier. Such '911' 9-1-1 charge may not exceed $1.50 per month per exchange access facility provided to the telephone subscriber. All exchange access facilities billed to federal, state, or local governments shall be exempt from the '911' 9-1-1 charge. Each service supplier shall, on behalf of the local government, collect the '911' 9-1-1 charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency '911' 9-1-1 system. As part of its normal billing process, the service supplier shall collect the '911' 9-1-1 charge for each month an exchange access facility is in service, and it shall list the '911' 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.

(2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency '911' 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 '911' 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 '911' 9-1-1 system may be billed for the monthly wireless enhanced '911' 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' 9-1-1 charge may not exceed the amount of the monthly '911' 9-1-1 charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and, in no event, shall such wireless enhanced '911' charge nor exceed $1.00 per month per wireless telecommunications connection provided to the telephone subscriber.

(B) If On and after October 1, 2001, if the governing authority of a local government operates or contracts for the operation of an emergency '911' 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 billing address 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 '911' 9-1-1 system may be billed for the monthly wireless enhanced '911' 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' 9-1-1 charge may not exceed the amount of the monthly '911' 9-1-1 charge imposed upon subscribers of exchange access facilities 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 '911' 9-1-1 charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced '911' 9-1-1 charge from those telephone subscribers whose billing address 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 '911' 9-1-1 system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced '911' 9-1-1 charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced '911' 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 '911' 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.

(b) Every telephone subscriber in the area served by the emergency '911' 9-1-1 system shall be liable for the '911' 9-1-1 and the wireless enhanced '911' 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 '911' 9-1-1 or wireless enhanced '911' 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 '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge after such '911' 9-1-1 or wireless enhanced '911' 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 attorneyś fees associated with that collection action may be awarded to the local government collecting the '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge.

(c) The local government contracting for the operation of an emergency '911' 9-1-1 system shall remain ultimately responsible to the service supplier for all emergency '911' 9-1-1 system installation, service, equipment, operation, and maintenance charges owed to the service supplier. Any taxes due on emergency '911' 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 '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge billed to telephone subscribers under this Code section.

(d)(1) Each service supplier that collects '911' 9-1-1 or wireless enhanced '911' 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 '911' 9-1-1 or wireless enhanced '911' 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 '911' 9-1-1 and the wireless enhanced '911' 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.

(2)(A) Before July 1, 2002, 30¢ of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a)(2)(A) of this Code section shall be deposited in a separate restricted reserve account of the Emergency Telephone System Fund, which shall be designated as the Wireless Phase I Reserve Account. Money from the Wireless Phase I Reserve Account shall be used only to pay the nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier which are associated with providing automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a '911' call from a wireless telecommunications connection; provided, however, that if the local government has not, by July 1, 2002, begun operation or contracted for the operation of an emergency '911' system which is capable of providing or provides automatic location identification of a wireless telecommunications connection, the funds in the Wireless Phase I Reserve Account on July 1, 2002, shall be transferred into an appropriate unrestricted account or accounts of the Emergency Telephone System Fund and may be used for any purpose authorized under subsection (e) of this Code section. No wireless enhanced '911' charge may be imposed pursuant to subparagraph (a)(2)(B) of this Code section for a period of 24 months following the transfer of funds from the Wireless Phase I Reserve Account pursuant to this subparagraph. On and after July 1, 2002, 15¢ of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a)(2)(A) of this Code section shall be deposited in the Wireless Phase I Reserve Account.

(B) Thirty cents of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a)(2)(B) of this Code section shall be deposited in a separate restricted reserve account of the Emergency Telephone System Fund, which shall be designated as the Wireless Phase II Reserve Account. Money from the Wireless Phase II Reserve Account shall be used only to pay the nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier which are associated with providing automatic number identification and automatic location identification of a wireless telecommunications connection. Any funds which are in the Wireless Phase I Reserve Account at the time when the wireless enhanced '911' charge is first imposed pursuant to subparagraph (a)(2)(B) of this Code section shall be transferred to the Wireless Phase II Reserve Account.

(3) The governing authority of a local government operating or contracting for the operation of an emergency '911' system shall, by resolution, reaffirm the necessity for the '911' and the wireless enhanced '911' charges beginning with the thirteenth month following the month in which emergency '911' system service is first provided in the political subdivision and during such month annually thereafter. 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.

(4)(5) Such monthly '911' 9-1-1 and wireless enhanced '911' 9-1-1 charges may be reduced at any time by the governing authority by resolution; provided, however, that the said governing authority shall be required to reduce such monthly '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge at any time the projected revenues from '911' 9-1-1 or wireless enhanced '911' 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 '911' 9-1-1 or wireless enhanced '911' 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. Funds in the Wireless Phase I Reserve Account and the Wireless Phase II Account shall not be considered in making the calculations described in this paragraph.

(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. 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. Disputes arising from the collection of such cost recovery fees shall be heard by the 9-1-1 Advisory Committee as provided in Code Section 46-5-124 and as further provided in subsection (d) of Code Section 46-5-123. The method for filing a notice of a dispute concerning the collection of the cost recovery fees shall be determined by the 9-1-1 Advisory Committee.

(f) In addition to cost recovery as provided in subsection (e) of this Code section, money Money from the Emergency Telephone System Fund shall be used only to pay for:

(1) 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 '911' 9-1-1 system;

(2) The rates associated with the service supplieŕs '911' 9-1-1 service and other service supplieŕs recurring charges;

(3) The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency '911' 9-1-1 system and the actual cost of training such of those employees who work as dispatchers;

(4) Office supplies of the public safety answering points used directly in providing emergency '911' 9-1-1 system services;

(5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency '911' 9-1-1 system building until the local government has completed its street addressing plan;

(6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems;

(7) Supplies directly related to providing emergency '911' 9-1-1 system services, including the cost of printing emergency '911' 9-1-1 public education materials; and

(8) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic.

(g) All 9-1-1 and communication systems provided pursuant to this part shall conform to the two-step state plan governing 9-1-1 enhanced communications 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.

(f)(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 '911' 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.

(g)(i) The service supplier shall maintain records of the amount of the '911' 9-1-1 and wireless enhanced '911' 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 supplieŕs books and records with respect to the collection and remittance of the '911' 9-1-1 and wireless enhanced '911' 9-1-1 charges.

(h)(j) In order to provide additional funding for the local government for emergency '911' 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.

(i)(k) Subject to the provisions of Code Section 46-5-133, a telephone subscriber may be billed for the monthly '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge for up to 18 months in advance of the date on which the '911' 9-1-1 service becomes fully operational.

(j)(l) In the event the local government is a federal military base providing emergency services to local exchange telephone subscribers residing on the base, a local exchange telephone service supplier is authorized to apply the '911' 9-1-1 charges collected to the bill for '911' 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 file an annual report of its collections and expenditures in conjunction with the annual audit required under Code Section 36-81-7. The form shall be designed by the state auditor and shall be distributed to local governments administering such funds. The annual report shall require certification by the recipient local government and by the local government auditor that 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 providers abating the imposition of the 9-1-1 charges and 9-1-1 wireless enhanced charges until such abatement equals the total amount of the rebate.

46-5-134.1.

(a) This Code section shall apply in counties where the governing authorities of more than one local government have adopted a resolution to impose a wireless enhanced '911' 9-1-1 charge in accordance with the provisions of subsection (a) of Code Section 46-5-133 and notwithstanding any contrary provision of Code Section 46-5-133 or 46-5-134.

(b) A wireless service supplier may certify to any of the governing authorities described in subsection (a) of this Code section that the wireless service supplier is unable to determine whether the billing addresses of its subscribers are within the geographic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the wireless enhanced '911' 9-1-1 charge from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notify such subscribers that if such subscribeŕs billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the wireless enhanced '911' 9-1-1 charge.

(c) Unless otherwise provided in an agreement among the governing authorities described in subsection (a) of this Code section, the charges collected by a wireless service supplier pursuant to this Code section shall be remitted to such governing authorities based upon the number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments.

(d) The authority granted to a wireless service supplier pursuant to this Code section shall terminate (1) on the date that the wireless service supplier certifies to a governing authority described in subsection (a) of this Code section that the wireless service supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing authority or (2) on the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier. Upon termination of such authority, the wireless service supplier shall collect the wireless enhanced '911' 9-1-1 charge as provided in Code Section 46-5-134.

46-5-135.

A service supplier, including any telephone company and its employees, directors, officers, and agents, is not liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission of a service supplier or any of its employees, directors, officers, or agents, except for willful or wanton misconduct, either in connection with developing, adopting, implementing, maintaining, or operating any emergency '911' 9-1-1 system or in the identification of the telephone number, address, or name associated with any person accessing an emergency '911' 9-1-1 system.

46-5-136.

(a) The governing authority of a local government by resolution shall create an advisory board consisting of the sheriff, representatives from other public safety agencies which respond to emergency calls under the system, and other individuals knowledgeable of emergency '911' 9-1-1 systems and the emergency needs of the citizens of the local government, provided that such advisory board shall not exceed 13 members.

(b) The advisory board shall assist the local government in:

(1) Reviewing and analyzing the progress by public safety agencies in developing '911' 9-1-1 system requirements;

(2) Recommending steps of action to effect the necessary coordination, regulation, and development of a '911' 9-1-1 system;

(3) Identifying mutual aid agreements necessary to effect the '911' 9-1-1 system;

(4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and

(5) Providing other services as may be deemed appropriate by the local government.

(c) The members of the advisory board shall not be compensated from moneys deposited into the Emergency Telephone System Fund.

46-5-137.

This part shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs.

46-5-138.

(a)(1) By proper resolution of the local governing bodies, an authority may be created and activated by:

(A) Any two or more municipal corporations;

(B) Any two or more counties; or

(2) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be appointed by each participating county or municipal corporation, their terms of office, and their residency requirements.

(3) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating governing bodies.

(b) The public authority shall be authorized to contract with the counties or municipalities which formed the authority to operate an emergency '911' 9-1-1 system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund, including the Wireless Phase I and Phase II Reserve Accounts, maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly '911' 9-1-1 charge or a monthly wireless enhanced '911' 9-1-1 charge.

(c) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power:

(1) To bring and defend actions;

(2) To adopt and amend a corporate seal;

(3) To make and execute contracts and other instruments necessary to exercise the powers of the authority;

(4) To receive and administer gifts, grants, and devises of any property;

(5) To operate emergency call answering services for law enforcement, emergency management, fire, and emergency medical service agencies 24 hours a day, seven days a week, 365 days a year;

(6) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired to operate the emergency '911' 9-1-1 system;

(7) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; and

(8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority.

(d) The authority shall elect a chairperson and such other officers as deemed necessary by the authority. The authority shall select a director who shall be responsible for establishing operating standards and procedures and overseeing the operations of the emergency '911' 9-1-1 system. The director may be an employee working in the operation of the emergency '911' 9-1-1 system. The authority shall be responsible for hiring, training, supervising, and disciplining employees working in the operation of the emergency '911' 9-1-1 system. An appropriate number of full-time and part-time employees shall be hired to operate the emergency '911' 9-1-1 system. The authority shall determine the compensation of such employees and shall be authorized to provide other employee benefits. The authority shall submit its annual budget and a report of its financial records to the local governments which created the authority.

(e) The authority may contract with a service supplier in the same manner that local governments are so authorized under the provisions of this part.

(f) Notwithstanding subsection (i) of Code Section 46-5-134, if the joint authority and each local governing body activating the joint authority certify to the service provider in writing prior to the end of the 18 month period in advance of the date on which the '911' 9-1-1 service 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 '911' 9-1-1 charge for an additional period of 18 months or until the '911' 9-1-1 service becomes fully operational, whichever occurs first.

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 '911' 9-1-1 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 '911' 9-1-1 system for the first time after May 1, 1998, such local governments may impose a monthly '911' 9-1-1 charge which exceeds $1.50 per exchange access facility but only so long as the following procedure is followed:

(1) The participating local governments shall, with input from a local exchange service supplier, prepare an estimated budget for the implementation of the joint emergency '911' 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 '911' 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 '911' 9-1-1 system in paragraph (1) of this subsection exceeds the estimated revenue from imposition of the