O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-5-121 (2019)

Legislative intent

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Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(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 9-1-1 system which will provide citizens with rapid, direct access to public safety agencies by dialing telephone number 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 9-1-1 service should be widely available, regardless of whether a 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 lifesaving 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 9-1-1 service to wireless telephone users.

(c) The General Assembly further finds and declares that communication technology is rapidly and constantly changing. It is in the public interest that as different means of accessing 9-1-1 service emerge, that the users of such technology bear some of the cost of providing this lifesaving service, as users of landline and wireless telephones currently do. It is the intent of the General Assembly to bring these new and emerging technologies within the scope of this part and establish a means by which local public safety agencies may provide 9-1-1 service to such users.

(d) The General Assembly further finds and declares that the safety and well-being of the citizens of Georgia is of the utmost importance, and it is in the public interest to provide the highest level of emergency response service on a local, regional, and state-wide basis.

(e) The General Assembly further finds that the collection methodology for prepaid wireless telecommunications service should effectively capture 9-1-1 charges from prepaid users. It is the intent of the General Assembly to move the collection of existing 9-1-1 charges on prepaid wireless service to the retail point of sale.

History

(Ga. L. 1977, p. 1040, § 2; Ga. L. 1998, p. 1017, § 2; Ga. L. 2005, p. 660, § 9/HB 470; Ga. L. 2007, p. 318, § 2/HB 394; Ga. L. 2011, p. 393, § 1/HB 256; Ga. L. 2011, p. 563, § 1/SB 156; Ga. L. 2014, p. 866, § 46/SB 340.)

Annotations

The 2005 amendment, effective July 1, 2005, substituted "9-1-1" for "'911'" throughout this Code section.

The 2007 amendment, effective July 1, 2007, added subsections (c) and (d).

The 2011 amendments. The first 2011 amendment, effective January 1, 2012, added subsection (e). The second 2011 amendment, effective January 1, 2012, made identical changes.

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsections (b) and (c).

Cross references. - Provision of emergency medical services, Ch. 11, T. 31.

JUDICIAL DECISIONS

No waiver of defense of sovereign and official immunity. - The General Assembly, in its enactment of O.C.G.A. Pt. 4, Ch. 5, T. 46, has not waived defenses of sovereign and official immunity which could otherwise be asserted by the county and its employees and officers in their implementation and operation of the "911" telephone system. Hendon v. DeKalb County, 203 Ga. App. 750, 417 S.E.2d 705, cert. denied, 203 Ga. App. 906, 417 S.E.2d 705 (1992).

Notes of Decisions
Cited in 7 cases, 1992–2019 · leading case: Bellsouth Telecomm., LLC Et Al. v. Cobb Cnty. Et Al., 802 S.E.2d 686 (Ga. Ct. App. 2017).
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Bellsouth Telecomm., LLC Et Al. v. Cobb Cnty. Et Al., 802 S.E.2d 686 (Ga. Ct. App. 2017). · cites it 4× “]” OCGA § 46-5-121 (a). The 9-1-1 Act authorizes a local government to pay for the 9-1-1 services it provides by “impos[ing] a monthly 9-1-1 charge upon each telephone service” that is or would be served by the 9-1-1 service.”
Bellsouth Telecomms., LLC v. Cobb Cnty., 824 S.E.2d 233 (Ga. 2019). · cites it 2× “OCGA § 46-5-121 (a). The statute authorizes local governments operating a 911 system to impose a monthly 911 charge ("the 911 charge") on each telephone service that is or would be served by the 911 system.”
Fulton Cnty. v. T-Mobile South, LLC, 699 S.E.2d 802 (Ga. Ct. App. 2010). · cites it 4× “30 OCGA § 46-5-121 (a). 31 OCGA § 46-5-121 (b).”
Marshall v. McIntosh Cnty., 759 S.E.2d 269 (Ga. Ct. App. 2014). · cites it 2× “OCGA § 46-5-121 (a). To that end, the 911 Service Act authorizes local governments, subject to certain requirements, to operate or contract for the operation of a 911 emergency telephone system and impose a monthly 911 charge on telephone subscribers to fund the system.”
Hendon v. DeKalb Cnty., 417 S.E.2d 705 (Ga. Ct. App. 1992). · cites it 2× “” (c) The question in this case is whether the General Assembly, in its enactment of the “Georgia Emergency Telephone Number ‘911’ Service Act,” OCGA § 46-5-121, has waived defenses of sovereign and official immunity which could otherwise be asserted by the county and its…”
Bellsouth Telecomm., LLC v. Cobb Cnty., 305 Ga. 144 (2019). · cites it 2× “OCGA § 46-5-121 (a). The statute authorizes local governments operating a 911 system to impose a monthly 911 charge (“the 911 charge”) on each telephone service that is or would be served by the 911 system.”
Sandra S. Marshall v. Sheila K. Deverger, No. A14A0640 (Ga. Ct. App. May 30, 2014). · cites it 2× “OCGA § 46-5-121 (a). To that end, the 911 Service Act authorizes local governments, subject to certain requirements, to operate or contract for the operation of a 911 emergency telephone system and impose a monthly 911 charge on telephone subscribers to fund the system.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.