GA Code § 38-3-182 (2021)
2021 Georgia Code|Title 38 - Military, Emergency Management, and Veterans Affairs|Chapter 3 - Emergency Management|Article 12 - Emergency Communications Authority|§ 38-3-182. Establishment of Georgia Emergency Communications Authority; Purpose; Duties and Responsibilities; Board of Directors; Perpetual Existence; Power and Authority; Operation; Regulation

    There is established the Georgia Emergency Communications Authority as a body corporate and politic, an instrumentality of the state, and a public corporation, and by that name the authority may contract and be contracted with and defend and bring actions, including, but not limited to, a private right of action to enforce this article. The authority shall be an entity within the Georgia Emergency Management and Homeland Security Agency and attached to said agency for all operational purposes.   All local governments as of July 1, 2018, shall be members of the authority. Additional local governments shall become members upon adoption of a resolution or ordinance to impose the monthly 9-1-1 charge as authorized by Code Section 46-5-133 and contingent upon approval by the authority which shall not be unreasonably withheld. Any local government member of the authority that ceases operating or contracting for the operation of a public safety answering point shall withdraw from the authority subject to the terms of any contract, obligation, or agreement with the authority.     The primary purpose of the authority shall be to administer, collect, audit, and remit 9-1-1 revenues for the benefit of local governments, as specified in this article, and on such terms and conditions as may be determined to be in the best interest of the operation of local governments in light of the following factors:   The public interest in providing cost-efficient collection of revenues;   Increasing compliance in collection of revenues;   Easing the administrative burden on vendors and service suppliers; and   Such other factors as are in the public interest and welfare of the citizens of Georgia.     In addition to the purposes specified in subsection (b) of this Code section, the authority shall have the duties and responsibilities to:   Apply for, receive, and use federal grants or state grants or both;   Study, evaluate, and recommend technology standards for the regional and state-wide provision of a public safety communications network and 9-1-1 system;   Identify any changes necessary to accomplish more effective and efficient 9-1-1 service across this state including consolidation and interoperability of 9-1-1 systems;   Identify any changes necessary in the assessment and collection of fees under Part 4 of Article 2 of Chapter 5 of Title 46;   Develop, offer, or make recommendations to the Georgia Public Safety Training Center, Georgia Peace Officer Standards and Training Council, and other state agencies as to training that should be provided to telecommunicators, trainers, supervisors, and directors of public safety answering points;   Recommend minimum standards for operation of public safety answering points;   Collect data and statistics regarding the performance of public safety answering points;   Identify any necessary changes or enhancements to develop and deploy NG911 statewide; and   Upon request by a public safety answering point, provide assistance to such public safety answering point with its locally managed processes to be regarded as Logan's List: the collection, storage, retrieval, and dissemination of information voluntarily submitted to a public safety answering point which indicates an individual has a physical, mental, or neurological condition which impedes his or her ability to communicate with any law enforcement officer or emergency responder.       Control and management of the authority shall be vested in a board of directors which shall consist of the following:   The commissioner of public safety or his or her designee;   The commissioner of revenue or his or her designee;   The director of the Georgia Public Safety Training Center or his or her designee;   Three members appointed by the Governor who shall be 9-1-1 directors, each of whom shall be currently employed by a public safety answering point. The Georgia 9-1-1 Directors Association, the Georgia Chapter of the Association of Public Safety Communications Officials, and the Georgia Chapter of the National Emergency Number Association may provide recommendations to the Governor for such appointments;   One member appointed by the Governor who shall be an elected member of a county governing authority that operates or contracts for the operation of a public safety answering point. The Association County Commissioners of Georgia may provide recommendations to the Governor for such appointment;   One member appointed by the Governor who shall be a county manager, county administrator, or finance officer from a county that operates or contracts for the operation of a public safety answering point. The Association County Commissioners of Georgia may provide recommendations to the Governor for such appointment;   One member appointed by the Governor who shall be an elected member of a city governing authority that operates or contracts for the operation of a public safety answering point. The Georgia Municipal Association may provide recommendations to the Governor for such appointment;   One member appointed by the Governor who shall be a city manager, city administrator, or finance officer from a city that operates or contracts for the operation of a public safety answering point. The Georgia Municipal Association may provide recommendations to the Governor for such appointment;   Two members from the telecommunications industry who shall be appointed by the Governor;   One member appointed by the Governor who is a sheriff responsible for managing a public safety answering point. The Georgia Sheriffs' Association may provide recommendations to the Governor for such appointment;   One police chief appointed by the Governor who is serving a local government. The Georgia Association of Chiefs of Police may provide recommendations to the Governor for such appointment; and   One fire chief appointed by the Governor who is serving a local government. The Georgia Association of Fire Chiefs may provide recommendations to the Governor for such appointment.     The initial term for appointments made pursuant to subparagraphs (D), (E), (F), (G), and (H) of paragraph (1) of this subsection shall be from July 1, 2018, until June 30, 2021. The initial term for appointments made pursuant to subparagraphs (I), (J), (K), and (L) of paragraph (1) of this subsection shall be from July 1, 2018, until June 30, 2020. All subsequent terms shall be for three years. Any vacancies that occur prior to the end of a term shall be filled by appointment in the same manner as the original appointment and shall be for the remainder of the unexpired term.   The board may appoint additional persons to serve in an advisory role to the board. Such advisers shall be nonvoting and shall not be counted in ascertaining if a quorum is present.   Members of the board of directors shall receive no compensation for their services but may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21, but only in connection with the member's physical attendance at a meeting of the board.   Nine members of the board of directors shall constitute a quorum, and the affirmative votes of a majority of a quorum shall be required for any action to be taken by the board.   The executive director of the authority shall convene the initial meeting of the board of the authority no later than September 1, 2018, at which time the board shall elect one of its members as chairperson. In addition, the board shall elect from its membership a vice chairperson and a secretary/treasurer.   The board of directors shall promulgate bylaws and may adopt other procedures for governing its affairs and for discharging its duties as may be permitted or required by law or applicable rules and regulations.     The authority shall have perpetual existence.   The authority through its board of directors shall have the power and authority to:   Have a seal and alter the same at its pleasure;   Make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;   Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the purpose of the authority;   Apply for and to accept any gifts or grants, loan guarantees, loans of funds, property, or financial or other aid in any form from the federal government or any agency or instrumentality thereof, from the state government or any agency or instrumentality thereof, or from any other source for any or all purposes specified in this article and to comply, subject to the provisions of this article, with the terms and conditions thereof;   Deposit or otherwise invest funds held by it in any state depository or in any investment that is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;   Exercise any powers granted by the laws of this state to public or private corporations that are not in conflict with the public purpose of the authority;   Do all things necessary or convenient to carry out the powers conferred by this article and to carry out such duties and activities as are specifically imposed upon the authority by law;   Bring and defend actions;   Provide for the collection of moneys;   Manage, control, and direct proceeds retained under subsection (a) of Code Section 38-3-188 and the expenditures made therefrom;   Distribute the proceeds identified under subsection (b) of Code Section 38-3-188 in such manner and subject to such terms and limitations as provided by such Code section; and   Exercise all other powers necessary for the development and implementation of the duties and responsibilities provided for in this article.     The creation of the authority and the carrying out of its purpose under this article are in all respects for the benefit of the people of this state. The authority shall be carrying out an essential governmental function on behalf of local governments in the exercise of the powers conferred upon it by this article and is, therefore, given the same immunity from liability for carrying out its intended functions as other state officials and employees.   The authority shall not be required to pay taxes or assessments upon any real or personal property acquired under its jurisdiction, control, possession, or supervision.   All moneys received by the authority pursuant to this article shall be deemed to be trust funds to be held and applied solely as provided in this article.   This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.   Notwithstanding any provision of this Code section to the contrary, the authority shall have no jurisdiction concerning the setting of rates, terms, and conditions for the offering of telecommunications services, as defined in Code Section 46-5-162, or for the offering of broadband service, VoIP, or wireless service, as such terms are defined in Code Section 46-5-221.   The board shall be subject to and shall comply with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," in the same manner as an agency as such term is defined in Code Section 50-13-2. The board may promulgate and amend, from time to time, such rules or regulations, consistent with this article and Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," as it deems consistent with or required for the public welfare, for the administration of any provision of this article, or for the orderly conduct of the board's affairs. Any claim by the authority that a service supplier has violated any provision of this article shall be adjudicated as a contested proceeding under Code Section 50-13-13 and be subject to judicial review under Code Section 50-13-19.     (Code 1981, §38-3-182, enacted by Ga. L. 2018, p. 689, § 1-1/HB 751; Ga. L. 2019, p. 1056, § 38/SB 52; Ga. L. 2021, p. 205, § 1/HB 631.)    The 2019 amendment,  effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted "The commissioner of public safety" for "The commissioner of the Department of Public Safety" in subparagraph (d)(1)(A); substituted "The commissioner of revenue" for "The commissioner of the Department of Revenue" in subparagraph (d)(1)(B); and substituted "construed to effect" for "construed to affect" at the end of subsection (j).    The 2021 amendment,  effective July 1, 2021, in subsection (c), deleted "and" at the end of paragraph (c)(7), substituted "; and" for a period at the end of paragraph (c)(8), and added paragraph (c)(9).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2018, "Georgia Peace Officer Standards and Training Council" was substituted for "Georgia Peace Officers and Standards Training Council" in paragraph (c)(5).   JUDICIAL DECISIONS    Cited in Bellsouth Telecomms., LLC v. Cobb County, 352 Ga. App. 110, 834 S.E.2d 124 (2019).