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Model Ordinance: Prepaid Wireless Telecommunications 9-1-1 Charge

July 12, 2011
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Model Ordinance: Prepaid Wireless Telecommunications 9-1-1 Charge (includes certification and required DOR form; MS Word, 62KB)
During the 2011 Legislative Session, the General Assembly passed House Bill 256, which provides comprehensive regulation of 9-1-1 charges on prepaid wireless services.
 
House Bill 256 requires that a certified copy of the ordinance or resolution be filed with the commissioner of the Department of Revenue by December 31st of the year prior to the year in which the fee is to be imposed. It is very important that a certification of the ordinance be sent to the Department of Revenue upon passage of an ordinance or resolution imposing this 9-1-1 prepaid wireless service charge. Failure to send in a copy of the ordinance or resolution and a certification will prohibit the city from imposing the charge for a calendar year.
 
Additionally, the Department of Revenue has created a form for cities and counties to complete regarding this new law. The form, along with all pertinent attachments, meaning the ordinance or resolution and certification, must be sent to the Department of Revenue by December 31st of the year prior to the year in which the fee is to be imposed.
 
In order for your city to receive funds from this charge in 2012 your city MUST pass an ordinance or resolution and remit a certified copy to the Department of Revenue along with the DOR form by December 31, 2011. In order to be authorized to pass an ordinance for this fee your city must operate a 9-1-1 public safety answering point, including cities that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Georgia law.
 
It is important for cities to consult with their city attorney before enacting the new ordinance or resolution. The city attorney should review this model ordinance and certification in order to tailor such document to best fit the needs of the city.
HOW TO USE
The sample ordinances, agreements, job descriptions and other documents listed here are provided as examples only and should not be utilized until a thorough analysis of the respective document has been undertaken by the city.

Job descriptions should be written with the assistance of an attorney, industrial psychologist, or consultant skilled in content validity procedures and aware of the potential legal ramifications of job descriptions as imposed by the Fair Labor Standards Act and the Americans with Disabilities Act.

Model and sample ordinances, agreements and other documents are provided for educational purposes only and are not intended to be legal advice. Cities should consult with their city attorney to obtain legal advice about a proposed course of action.