§ 46-5-134.2 - 9-1-1 charge for prepaid wireless service; obligations of provider; Emergency 9-1-1 Assistance Fund - Georgia Statutes

O.C.G.A. 46-5-134.2 (2010)
46-5-134.2. 9-1-1 charge for prepaid wireless service; obligations of provider; Emergency 9-1-1 Assistance Fund

(a) A 9-1-1 charge shall be imposed on all prepaid wireless service subscribed to by telephone subscribers as provided in this Code section.

(b) A prepaid wireless service supplier shall:

(1) Charge and collect a fee in the amount of 3 percent of the wholesale price divided by .7 of each block of prepaid wireless service purchased by each telephone subscriber, whether such service is included with the initial purchase of a wireless telephone or other device or is recorded on a wireless telephone or other device by the purchase of a calling card, through an Internet transaction, by means of a wireless communication directly to the telephone subscriber's wireless telephone or other device, or by any other means;

(2) Charge and collect a fee in the amount of 3 percent of the suggested retail price of each block of prepaid wireless service purchased by each telephone subscriber, whether such service is included with the initial purchase of a wireless telephone or other device or is recorded on a wireless telephone or other device by the purchase of a calling card, through an Internet transaction, by means of a wireless communication directly to the telephone subscriber's wireless telephone or other device, or by any other means;

(3) Divide the total prepaid wireless service revenue earned and received in this state by such prepaid wireless service supplier in a calendar month by $50.00 and multiply the quotient by $1.50 to determine the amount of the fee to be paid to the department;

(4) Charge and collect a fee in the amount of $1.50 from the account of each prepaid wireless service telephone subscriber who has a sufficient positive balance as of the last day of the month; or

(5) Use any other method to charge and collect the fee; provided, however, that in no event shall the prepaid wireless service supplier charge and collect less than $1.50 per the average monthly amount of prepaid wireless service actually provided to a telephone subscriber.

(c) A prepaid wireless service supplier shall indicate the method it elects to use pursuant to subsection (b) of this Code section on reports filed with the department and on receipts issued to the wholesale purchaser.

(d) All fees provided for in this Code section shall be paid to the department. A prepaid wireless service supplier may pay all such fees it collects throughout this state in a single remittance. Such fees shall be remitted monthly to the department not later than the twentieth day of the month following the month in which they are collected. Any fee not paid in a timely manner shall accrue interest at the rate of 15 percent per annum, compounded daily, until the date they are paid. 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."

(e) The 9-1-1 Advisory Committee may, upon a majority vote of its members, audit or cause to be audited by the state auditor, or some other auditor agreed upon by a majority of the committee's members, the financial and business records of any service supplier to the extent necessary to ensure proper collection and remittances in accordance with this Code section. Failure of the service supplier to comply with an audit request shall result in a civil penalty of not more than $1,000.00 per day the service supplier refuses compliance.

(f) (1) There is created the Emergency 9-1-1 Assistance Fund to be administered by the department. It is the intention of the General Assembly, subject to the appropriation process, that an amount equal to the amount deposited into the general fund of the state treasury as provided in subsection (d) 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.

(2) (A) Any governmental entity which operates, is in the process of implementing, or is developing a plan for the implementation of a local, regional, or state-wide emergency system may apply to the department for and receive an assistance grant from the Emergency 9-1-1 Assistance Fund for the purchase or upgrade of equipment.

(B) The center may apply to the department for and receive a grant from the Emergency 9-1-1 Assistance Fund to provide professional training to directors, as the term is defined in Code Section 46-5-138.2.

(C) The agency may apply to the department for and receive a grant from the Emergency 9-1-1 Assistance Fund for the reasonable administrative costs of supporting the 9-1-1 Advisory Committee as provided for in Code Section 46-5-123.

(3) Decisions on the issuance of assistance grants shall be made by the 9-1-1 Advisory Committee established by Code Section 46-5-123.

(g) The department shall promulgate written rules and regulations to provide for the application process and for the administration of the Emergency 9-1-1 Assistance Fund, and to otherwise implement the provisions of this Code section.

(h) The department shall be authorized to use a portion of the funds collected pursuant to this Code section to provide for the direct and indirect costs associated with the administration of this Code section.