Georgia Code
Part 4 - Emergency Telephone Number 9-1-1 System
§ 46-5-134.2. Prepaid Wireless 9-1-1 Charge; Definitions; Imposition of Fee by Localities; Collection and Remission of Charges; Distribution of Funds

History. Code 1981, § 46-5-134.2 , enacted by Ga. L. 2011, p. 393, § 3/HB 256; Ga. L. 2011, p. 563, § 3/SB 156; Ga. L. 2012, p. 775, § 46/HB 942; Ga. L. 2012, p. 820, § 4/HB 1049; Ga. L. 2018, p. 689, § 2-14/HB 751.
Effective date. —
This Code section became effective January 1, 2012.
The 2012 amendments.
The first 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, substituted “47 C.F.R. Section 20.3” for “Section 20.3 of Title 47 of the Code of Federal Regulations” in paragraph (a)(9); substituted “75¢” for “75 cents” in paragraph (b)(1); and revised punctuation in subsection (g). The second 2012 amendment, effective July 1, 2012, deleted “telecommunications” following “prepaid wireless” throughout this Code section; substituted “Reserved” for the former provisions of paragraph (a)(5), which read: “ ‘Prepaid wireless telecommunications service’ has the same meaning as prepaid wireless service as such term is defined in Code Section 46-5-122”; substituted “47 C.F.R. Section 20.3” for “Section 20.3 of Title 47 of the Code of Federal Regulations” in paragraph (a)(9); in paragraph (b)(1), in the first sentence, substituted “75¢” for “75 cents”, and, in the second sentence, substituted “charge authorized” for “fee authorized” and substituted “shall be contingent” for “is contingent”; inserted the first and second occurrences of “prepaid wireless” in the first and second sentences of subsection (c); designated the existing first sentence of subsection (g) as paragraph (g)(1), added paragraph (g)(2), and designated the former second sentence of subsection (g) as present paragraph (g)(3); substituted “wireless services” for “wireless calling services” in the last sentence of subsection (h); in paragraph (j)(1), substituted “prepaid wireless 9-1-1 charge” for “fee” throughout, deleted “the” following “On or before” near the beginning of the first sentence and substituted a semicolon for a period at the end of the last sentence; in subparagraph (j)(2)(A), inserted “on” in the first and second sentences, and substituted “this state” for “the state” near the end of the first sentence; substituted a semicolon for a period at the end of subparagraph (j)(2(C) and paragraphs (j)(3) and (j)(4); and, in paragraph (j)(5), inserted “to” preceding “paragraph (4)” in the second sentence and substituted “; and” for a period at the end of the last sentence.
The 2018 amendment, effective January 1, 2019, substituted “$1.50” for “75¢” near the end of the first sentence of paragraph (b)(1); in subparagraph (j)(2)(A), substituted “monthly” for “during the 12 month period ending on June 30” in the middle of the first and second sentences, and substituted “paragraph (4)” for “paragraph (5)” near the end of the second sentence; in subparagraph (j)(2)(B), inserted “monthly” in the middle, and substituted “beginning January 1, 2019, and ending January 31, 2019” for “during the six-month period beginning January 1, 2012, and ending June 30, 2012”; substituted “monthly not later than 30 days following the date charges must be remitted by the seller to the department” for “annually on or before October 15 of each year” in the first sentence of paragraph (j)(3); deleted former paragraph (j)(4), which read: “Prior to calculating the distributions to county and municipal governments as provided in this subsection, the commissioner shall subtract an amount, not to exceed 2 percent of remitted charges, to defray the cost of administering and distributing funds from the prepaid wireless 9-1-1 charge. Such amount shall be paid into the general fund of the state treasury;”; redesignated former paragraph (j)(5) as present paragraph (j)(4), and, in present paragraph (j)(4), deleted “, other than the funds received pursuant to paragraph (4) of this subsection,” following “Code section” in the second sentence; and redesignated former paragraph (j)(6) as present paragraph (j)(5). See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2011, p. 393, § 4 and Ga. L. 2011, p. 563, § 4, not codified by the General Assembly, provide, in part, that those Acts shall become effective for local administrative purposes on May 12, 2011, and shall become effective for all purposes on January 1, 2012. The Acts further provide that in no event shall a prepaid wireless 9-1-1 fee and charge be imposed prior to January 1, 2012.
Ga. L. 2011, p. 393, § 2, and Ga. L. 2011, p. 563, § 2, both repealed former Code Section 46-5-134.2 , relating to 9-1-1 charges for prepaid wireless services, and enacted identical versions of the present Code section. The former Code section was based on Code 1981, § 46-5-134.2 , enacted by Ga. L. 2007, p. 318, § 2/HB 394.
Ga. L. 2018, p. 689, § 4-1(b)/HB 751, not codified by the General Assembly, provides that: “The provisions of this Act shall not in any manner diminish, extinguish, reduce, or affect any cause of action for audits, services, or the recovery of funds from service providers which may have existed prior to January 1, 2019. Any such cause of action is expressly preserved.

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