A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY, GEORGIA UPDATING AND AUTHORIZING 9-1-1 CHARGES ON TELEPHONE SERVICES AND WIRELESS ENHANCED 9-1-1 CHARGES OTHER THAN PREPAID WIRELESS SERVICES; PROVIDING AN EFFECTIVE DATE; REPEALING PRIOR RESOLUTIONS IN CONFLICT; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION ON BEHALF OF THE BOARD; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST ALL DOCUMENTS AND FOR OTHER LAWFUL PURPOSES.

WHEREAS, the general law regarding 9-1-1 charges has been substantially modernized and revised by Ga. L. 2018, p. 689, HB 751; and

WHEREAS, many of these revisions include oversight and administration of 9-1-1 matters by the Georgia Emergency Communications Authority and the Department of Revenue; and

WHEREAS, Butts County, Georgia desires to update its 9-1-1 charges in accordance with revisions to state law, now therefore, be it:

RESOLVED by the Board of Commissioners of Butts County, GEORGIA as follows:

Section 1. Definitions
Unless specified otherwise in this resolution, all terms shall be defined in the same manner as specified in O.C.G.A. § 46-5-122.

Section 2. 9-1-1 Charges on Monthly Services
(a) Pursuant to O.C.G.A. § 46-5-133(a), there is imposed a monthly 9-1-1 charge upon each telephone service, subscribed to by a telephone subscriber, whose exchange access lines are in the areas served or which could be served by the 9-1-1 service. Pursuant to O.C.G.A. § 46-5-134(a)(1)(A), the amount of such 9-1-1 charge shall be $1.50 per month per telephone service provided to the telephone subscriber.

(b) Pursuant to O.C.G.A. § 46-5-133(a), there is imposed a monthly wireless enhanced 9-1-1 charge upon each wireless telecommunications connection, other than a connection for prepaid wireless service, subscribed to by a telephone subscriber whose place of primary use is within the geographic area that is served by Butts County, Georgia, or that would be served by Butts County, Georgia, for the purpose of such an emergency 9-1-1 system. Pursuant to O,C.G.A. 46-5-134(a)(2)(A), the amount of such enhanced wireless 9-1-1 charge shall be $1.50 per month per wireless telecommunications connection provided to the telephone subscriber.

(c) The 9-1-1 charges under this section shall commence January 1, 2019.

Section 3. Collecting and Remitting of 9-1-1 Charges
All such 9-1-1 charges collected by service suppliers shall be remitted to the Georgia Department of Revenue, as the contracted collection partner of the Georgia Emergency Communications Authority, at the times and in the manner provided by O.C.G.A. § 38-3-185, O.C.G.A. § 38-3-186, and any other Georgia Department of Revenue or Georgia Emergency Communications Authority rule or regulation adopted pursuant to Article 12 of Chapter 13 of Title 38 of the O.C.G.A. and Chapter 13 of Title 50 of the O.C.G.A., the “Georgia Administrative Procedures Act”.

Section 4. Deposit and Use of Proceeds
Pursuant to O.C.G.A. § 46-5-134, all proceeds received by Butts County from 9-1-1 charges imposed by this resolution shall be deposited in the Emergency Telephone System Fund maintained by the County; to be kept separate from general revenue of the county; and to be used exclusively for the statutorily authorized purposes.

Section 5. Resolution Filing Requirements
The Clerk of the County shall file with the state revenue commissioner a certified copy of this resolution within ten (10) days of the adoption thereof. Any subsequent amendment to this resolution shall likewise be so filed by the clerk within ten (10) days of the adoption thereof.

Section 6. Effective Date and Applicability
This resolution shall become effective on January 1, 2019. Any prior resolution establishing such 9-1-1 charges shall remain in effect until January 1, 2019. On such date, such 9-1-1 charges shall be governed by this resolution.

Section 7. Repealer
All resolutions, or parts of resolutions, in conflict with this resolution are repealed as of January 1, 2019.

BE IT FURTHER RESOLVED, the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision.

BE IT FINALLY RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and authorizes the Clerk of Butts County to attest all his signatures and transmit this document to all appropriate state and local agencies named herein.

Adopted in open session this 10th Day of September, 2018

/S/ Russ Crumbley, Chairman

/S/ J. Michael Brewer, Clerk of Butts County Georgia

Motion: Brown of the 3rd
Second: Douglas of the 2nd
Disposition: Passed
Dissent: None
Author: M. Brewer