reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-84 - Officers of cooperative

The officers of a cooperative shall consist of a president, vice-president, secretary, and treasurer, who shall be elected annually by and from the board of directors. When a person holding any such office ceases to be a director, he shall cease to hold such office. The offices of secretary and of treasurer may be held by the same person. The board of directors may also elect or appoint such other officers, agents, or employees as it deems necessary or advisable and shall prescribe their powers and duties. Any officer may be removed from office and his successor elected in the manner prescribed in the bylaws.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-85 - Amendment of articles of incorporation

(a)
A cooperative may amend its articles of incorporation by complying with the requirements of this Code section, provided that a change of location of principal office may be effected in the manner set forth in Code Section
46-5-86
.
(b)
The proposed amendment shall be presented to a meeting of the members, the notice of which shall set forth or have attached thereto the proposed amendment. If the proposed amendment, with any changes, is approved by the affirmative vote of not less than two-thirds of those members voting thereon at such meeting, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice-president, and its seal shall be affixed thereto and attested by its secretary.
(c)
The articles of amendment shall recite that they are executed pursuant to this part and shall state:
(1)
The name of the cooperative;
(2)
The address of its principal office; and
(3)
The amendment to its articles of incorporation.
(d)
The president or vice-president executing such articles of amendment shall make and annex thereto an affidavit stating that the provisions of this Code section in regard to the amendment set forth in such articles were duly complied with.
(e)
An application for approval of the articles of amendment, which application shall include such articles and the prescribed affidavits and which shall be signed and acknowledged by the president or vice-president of the cooperative, shall be presented to and approved by the superior court, or the judge thereof in vacation, filed with the clerk of the superior court of the county in which the principal office of the cooperative is located and with the Secretary of State, and published, in the same manner as an application for incorporation. The fees to be paid at the time of such filing shall be as prescribed in Code Section
46-5-100
. Upon such filing, the amendment shall be deemed to be effective.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-86 - Change of location of principal office

A cooperative may, upon authorization of its members or board of directors, change the location of its principal office by compliance with the requirements of this Code section. An application for approval of such change shall be presented to and approved by the superior court of the county in which the principal office of the cooperative is to be located, or to the judge of the superior court in vacation. Upon approval, the application and approval shall be filed with the clerk of the superior court of that county and with the Secretary of State and shall be published in the same manner as an application for incorporation. The application, together with the approval of the judge thereon, shall also be filed with the clerk of the superior court of each county in which the principal office of the cooperative has previously been located. The fees to be paid at the time of such filing shall be as prescribed in Code Section
46-5-100
.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-88 - Merger of cooperatives

Any one or more cooperatives (each of which is designated in this Code section as a "merging cooperative") may merge into another cooperative (designated in this Code section as the "surviving cooperative") by complying with the following requirements:
(1)
The proposition for the merger of the merging cooperatives into the surviving cooperative, along with proposed articles of merger to give effect thereto, shall be submitted to a meeting of the members of each merging cooperative and of the surviving cooperative, the notice of which shall have attached thereto a copy of the proposed articles of merger;
(2)
If the proposed merger and the proposed articles of merger, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of each cooperative voting thereon at each such meeting, articles of merger in the form approved shall be executed and acknowledged on behalf of each such cooperative by its president or vice-president, and its seal shall be affixed thereto and attested by its secretary. The articles of merger shall recite that they are executed pursuant to this part and shall state:
(A)
The name of each merging cooperative and the address of its principal office;
(B)
The name of the surviving cooperative and the address of its principal office;
(C)
That each merging cooperative and the surviving cooperative agree to the merger;
(D)
The names and addresses of the directors of the surviving cooperative; and
(E)
The terms and conditions of the merger and the mode of carrying the same into effect, including the manner in which members and shareholders, if any, of the merging cooperatives may or shall become members and shareholders, respectively, of the surviving cooperative.
In addition, the articles of merger may contain any provisions, not inconsistent with this part, deemed necessary or advisable for the conduct of the business of the surviving cooperative. The president or vice-president of each cooperative executing such articles of merger shall make and annex thereto an affidavit stating that the preceding provisions of this Code section in regard to such articles were duly complied with by such cooperative;
(3)
An application for approval of the articles of merger, including such articles and the prescribed affidavits, signed and acknowledged by the president or vice-president of each merging cooperative, shall be presented to and approved by the superior court, filed with the clerk of the superior court of the county in which the principal office of the surviving cooperative is located and with the Secretary of State, and published in the same manner as an application for incorporation. The fees to be paid at the time of such filing shall be as prescribed in Code Section
46-5-100
. Upon such filing, the merger shall be deemed to be effective.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-89 - Effect of consolidation or merger

(a)
In the case of a consolidation, the existence of the consolidating cooperatives shall cease, and the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative. In the case of a merger, the separate existence of the merging cooperatives shall cease and the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes therein are provided for in the articles of merger.
(b)
All the rights, privileges, immunities, and franchises, and all property, both real and personal, including, without limitation, applications for membership, all debts due on whatever account, and all other choses in action of each of the consolidating or merging cooperatives shall be deemed to be transferred to and vested in the new or surviving cooperative without further act or deed.
(c)
The new or surviving cooperative shall be responsible and liable for all the liabilities and obligations of each of the consolidating or merging cooperatives; and any claim existing, or any action or proceeding pending, by or against any of the consolidating or merging cooperatives may be prosecuted as if the consolidation or merger had not taken place; but the new or surviving cooperative may be substituted in its place.
(d)
Neither the rights of creditors nor any liens upon the property of any of such cooperatives shall be impaired by such consolidation or merger.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-92 - Operation of cooperatives on nonprofit basis; contents of bylaws and of contracts with members and patrons regarding nonprofit operation

A cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons. The bylaws of a cooperative or its contracts with members and patrons shall contain such provisions relative to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its nonprofit and cooperative character. In the case of a cooperative authorized to issue shares of stock, such bylaws or contracts shall provide that no moneys shall be paid or credits given on the basis of patronage except after the declaration or payment of dividends on the outstanding shares of stock in accordance with the articles of incorporation of the cooperative; and such bylaws or contracts shall otherwise be consistent with the cooperative's obligations in regard to such shares of stock.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-92.1 - Payment of revenues; priority of payments

(a)
Unless the bylaws provide otherwise, upon the death of a member or former member who is a natural person, the board of directors shall have authority, but shall not be required, to pay revenues allocated but not previously paid to such member or former member.
(b)
If the member or former member dies testate, such payments shall be made to the person who is the executor of the estate of the decedent at the time of the payment.
(c)
If the member or former member dies intestate and the cooperative is provided a copy of letters of administration for the estate of the decedent, such payments shall be made to the administrator of the estate named therein.
(d)
If the member or former member dies intestate and the cooperative is not provided a copy of letters of administration of the estate of the deceased and such payment is $2,500.00 or less, such payment shall be made to the persons listed below and according to the priority indicated:
(1)
To the surviving spouse of the decedent;
(2)
If no surviving spouse, then to the surviving children of the decedent, pro rata;
(3)
If no surviving children, then to the surviving mother and father of the decedent, pro rata; or
(4)
If no surviving parent, then to the surviving brothers and sisters of the decedent, pro rata.
(e)
If the member or former member dies intestate and the cooperative is not provided a copy of the letters of administration and such payment is greater than $2,500.00, such payment shall be made to the person entitled thereto under the laws of descent and distribution of this state.
(f)
Payment to the persons listed in subsections (b) through (e) of this Code section shall operate as a complete acquittal and discharge to the cooperative from any action, claim, or demand of whatever nature for the amount so paid by any heir, distributee, or creditor of the decedent or any other person. Payment to such persons is authorized to be made as provided in subsections (d) and (e) of this Code section without the administration of the estate of the decedent and without the necessity of obtaining an order that no administration is necessary.
Added by 2017 Ga. Laws 173,§ 9, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-93 - Pledging or encumbering of property, assets, rights, and privileges of cooperative by board of directors to secure indebtedness to federal government; tax exemption for mortgages and deeds of trust; sale, pledge, or encumbrance of property

(a)
In order to secure any indebtedness of the cooperative to the United States government or any agency or instrumentality thereof, the board of directors of a cooperative shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of mortgages or deeds of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises, and permits, wherever situated, of the cooperative, as well as the revenues therefrom, all upon such terms and conditions as the board of directors shall determine. Any such mortgage or deed of trust shall be exempt from any mortgage recordation tax imposed by this state.
(b)
A cooperative may not otherwise sell, mortgage, lease, or otherwise dispose of or encumber all or a substantial portion of its property unless such sale, mortgage, lease, or other disposition or encumbrance is authorized by the affirmative vote of not less than two-thirds of all the members of the cooperative, provided that notwithstanding any other provision of this part or any other provision of law, the board of directors may, upon the authorization of a majority of those members of the cooperative present at a meeting of the members thereof, the notice of which shall have set forth the proposed action, sell, lease, or otherwise dispose of all or a substantial portion of its property to another cooperative or a foreign corporation doing business in this state pursuant to this part, or to the holders of any notes, bonds, or other evidences of indebtedness issued to the United States government or any agency or instrumentality thereof.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-94 - Liability of members and shareholders for debts of cooperative

No member or shareholder shall be liable or responsible for any debts of the cooperative; and the property of the members and shareholders shall not be subject to execution therefor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-95 - Effect of recordation of mortgage, deed of trust, or other instrument of real and personal property of cooperative

Any mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation doing business in this state pursuant to this part, which mortgage, deed of trust, or other instrument affects real and personal property and which is recorded in the real property records in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust, or other instrument were also recorded, filed, or indexed as provided by law in the proper office in such county as a mortgage of personal property, provided that such instrument shall be indexed on the chattel mortgage record of the county although recorded already upon the real estate mortgage record. All after-acquired property of such cooperative or foreign corporation, which property is described or referred to as being mortgaged or pledged in any such mortgage, deed of trust, or other instrument, shall become subject to the lien thereof immediately upon the acquisition of such property by such cooperative or foreign corporation, whether or not such property was in existence at the time of the execution of such mortgage, deed of trust, or other instrument. Recordation of any such mortgage, deed of trust, or other instrument shall constitute notice and otherwise have the same effect with respect to such after-acquired property as it has, under the laws relating to recordation, with respect to property owned by such cooperative or foreign corporation at the time of the execution of such mortgage, deed of trust, or other instrument and therein described or referred to as being mortgaged or pledged thereby.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-96 - Construction standards

Construction of telephone lines and facilities by a cooperative shall, as a minimum requirement, comply with the standards of the National Electrical Code in effect at the time of such construction and shall be in such manner and according to such specifications as will avoid interference with or hazards to existing telephone lines, facilities, or systems.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-97 - Limitation of actions

All rights of action accruing against any cooperative or any foreign corporation doing business in this state pursuant to this part, which rights of action grow out of the acquisition of rights of way or easements or the occupying of lands of others by the cooperative or foreign corporation, shall be barred at the end of 12 months from the date of the accrual of such cause of action. In cases where any such cooperative or foreign corporation takes possession of the lands of another without having obtained an easement or without having condemned the property and such cooperative or foreign corporation continues to use any such land of another in accordance with the rights and powers granted to the cooperative or foreign corporation by this part, and the owner of such lands takes no legal steps to prevent the occupancy of the lands by the cooperative or foreign corporation, then the rights of the owner of such lands shall be limited to whatever damages may have been caused to his realty by such occupation; and the same shall be barred upon the expiration of six months after such unauthorized occupancy begins.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-98 - Taking of acknowledgments by officers, trustees, members, or shareholders of cooperatives

No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which the cooperative is a party, by reason of that person's being an officer, trustee, member, or shareholder of such cooperative.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-99 - Extension of telephone service into state by foreign nonprofit or cooperative corporations; Secretary of State as agent for foreign corporations; rights and powers of foreign corporations

Any foreign nonprofit or cooperative corporation furnishing or authorized to furnish telephone service and owning or operating telephone lines or facilities in a state adjacent to this state may construct or acquire extensions of such lines in this state and operate such extensions without complying with any statute of this state pertaining to the qualification of foreign corporations for the doing of business in this state. Before constructing or operating such extensions, any such corporation shall designate the Secretary of State as its agent to accept service of process on its behalf, such designation to be effected by an instrument executed and acknowledged on its behalf by its president or vice president under its seal attested by its secretary and filed with the Secretary of State. Thereafter, with respect to its operation in this state, such corporation shall have only the rights, powers, privileges, and immunities of a cooperative organized under this part. In the event any process is served upon the Secretary of State, he shall forthwith forward the same by registered or certified mail or statutory overnight delivery to such corporation at the address thereof specified in the instrument executed pursuant to this Code section.
Amended by 2004 Ga. Laws 564, § 46, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-100 - Fees

Each cooperative shall be charged by the Secretary of State the fees specified in Code Section
14-2-122
for the filing of documents and issuance of certificates.
Amended by 2010 Ga. Laws 360,§ 1-87, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-101 - Annual license fee; exemption of cooperatives from taxation

Each cooperative and each foreign corporation doing business in this state pursuant to this part shall pay annually, on or before July 1, to the Secretary of State a fee of $10.00 but shall be exempt from all other excise and income taxes whatsoever.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-102 - Interconnection of lines, facilities, or systems of cooperatives and other telephone companies

The lines, facilities, or systems of any cooperative or foreign corporation doing business in this state pursuant to this part and the lines, facilities, or systems of any other telephone company may, upon such terms and conditions as may be mutually agreeable to such cooperative or foreign corporation and such telephone company, be interconnected in order to provide continuous lines of communication for the subscribers of any such cooperative, foreign corporation, or telephone company. In the event any such cooperative or foreign corporation and any such telephone company shall be unable to agree upon the terms and conditions of such interconnection, including compensation therefor, the commission shall, upon the request of either party, establish terms and conditions with respect to such interconnection which shall be reasonable and nondiscriminatory.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-103 - Jurisdiction of commission

Cooperatives and foreign corporations doing business in this state pursuant to this part shall be subject to the jurisdiction and supervision of the commission in the same manner and in every respect as any other telephone company owning, leasing, or operating a public telephone service or telephone line in this state.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-104 - Applicability of Chapter 5 of Title 10

Chapter 5 of Title 10 shall not apply to any note, bond, or other evidence of indebtedness issued to the United States government or any agency or instrumentality thereof by any cooperative or foreign corporation doing business in this state pursuant to this part; nor shall Chapter 5 of Title 10 apply to any mortgage, deed of trust, or other instrument executed to secure the same. Chapter 5 of Title 10 also shall not apply to the issuance of membership certificates, shares of stock, or any other evidence of member, shareholder, or patron interest by any cooperative or any such foreign corporation.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-105 - Construction of part

This part is complete in itself and shall be controlling. This part shall be construed liberally. The enumeration in this part of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-120 - Short title

This part shall be known and may be cited as the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977."
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-123 - [Repealed and Reserved] Creation of 9-1-1 Advisory Committee; selection of members; filling of vacancies; organization; roles and responsibilities

Repealed by 2018 Ga. Laws 436,§ 2-2, eff. 1/1/2019.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-124 - Guidelines for implementing state-wide emergency 9-1-1 system; training and equipment standards

(a)
The authority shall develop guidelines for implementing a state-wide emergency 9-1-1 system. The guidelines shall provide for:
(1)
Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a 9-1-1 system that shall incorporate the requirements of each public service agency in each local government of Georgia;
(2)
Identification of mutual aid agreements necessary to effect the 9-1-1 system, including coordination on behalf of the State of Georgia with any federal agency to secure financial assistance or other desirable activities in connection with the receipt of funding that may be provided to communities for the planning, development, or implementation of the 9-1-1 system;
(3)
The coordination necessary between local governments planning or developing a 9-1-1 system and other state agencies, the Public Service Commission, all affected utility and telephone companies, wireless service suppliers, and other agencies;
(4)
The actions to establish emergency telephone service necessary to meet the requirements for each local government, including law enforcement, fire-fighting, medical, suicide prevention, rescue, or other emergency services; and
(5)
The actions to be taken by a local government desiring to provide wireless enhanced 9-1-1 service, including requirements contained in
47 C.F.R. Section 20.18
.
(b)
The authority shall be responsible for encouraging and promoting the planning, development, and implementation of local 9-1-1 system plans. The authority shall develop any necessary procedures to be followed by public agencies for implementing and coordinating such plans and shall mediate whenever disputes arise or agreements cannot be reached between the local political jurisdiction and other entities involving the 9-1-1 system.
(c)
Notwithstanding any other law to the contrary, no communications officer hired to the staff of a public safety answering point shall be required to complete his or her training pursuant to Code Section
35-8-23
prior to being hired or employed for such position.
(d)
The authority shall maintain the registry of wireless service suppliers provided for in Code Section
46-5-124.1
.
Amended by 2018 Ga. Laws 436,§ 2-3, eff. 1/1/2019.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-125 - Formation of multijurisdictional and regional 9-1-1 systems

Nothing in this part shall be construed to prohibit or discourage the formation of multijurisdictional or regional 9-1-1 systems; and any system established pursuant to this part may include the jurisdiction, or any portion thereof, of more than one public agency.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2006 Ga. Laws 453,§ 46, eff. 4/14/2006.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-126 - Cooperation by commission and telephone industry

The authority shall coordinate its activities with those of the Public Service Commission, which shall encourage the Georgia telephone industry to activate facility modification plans for a timely 9-1-1 implementation.
Amended by 2018 Ga. Laws 436,§ 2-5, eff. 1/1/2019.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-127 - Approval of 9-1-1 systems by agency; written confirmation by authority required for 9-1-1 systems established on or after January 1, 2019

(a)
After January 1, 1978, and prior to January 1, 2019, no emergency 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced 9-1-1 service, without written confirmation by the Georgia Emergency Management and Homeland Security Agency that the local plan conforms to the guidelines and procedures provided for in Code Section
46-5-124
.
(b)
On or after January 1, 2019, no emergency 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced 9-1-1 service, without written confirmation by the authority that the local plan conforms to the guidelines and procedures provided for in Code Section
46-5-124
. The authority shall not deny establishment of a new system or an expansion to provide wireless enhanced 9-1-1 service if the local plan conforms to the guidelines and procedures provided for in Code Section
46-5-124
.
Amended by 2018 Ga. Laws 436,§ 2-6, eff. 1/1/2019.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-128 - Cooperation by public agencies

All public agencies shall assist the authority in its efforts to carry out the intent of this part; and such agencies shall comply with the guidelines developed pursuant to Code Section
46-5-124
by furnishing a resolution of intent regarding an emergency 9-1-1 system.
Amended by 2018 Ga. Laws 436,§ 2-7, eff. 1/1/2019.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-129 - Use of 9-1-1 emblem

The authority may develop a 9-1-1 emblem which may be utilized on marked vehicles used by public safety agencies participating in a local 9-1-1 system.
Amended by 2018 Ga. Laws 436,§ 2-8, eff. 1/1/2019.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-130 - Federal assistance

The authority is authorized to apply for and accept federal funding assistance in the development and implementation of a state-wide emergency 9-1-1 system.
Amended by 2018 Ga. Laws 436,§ 2-9, eff. 1/1/2019.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-131 - Exemptions from liability in operation of 9-1-1 system

(a)
Whether participating in a state-wide emergency 9-1-1 system or an emergency 9-1-1 system serving one or more local governments, neither the state nor the authority nor any local government of the state nor any emergency 9-1-1 system provider or service supplier or its employees, directors, officers, contractors, and agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for death or injury to any person or for damage to property as a result of either developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in operating the emergency 9-1-1 system or in the identification of the telephone number, address, or name associated with any person accessing an emergency 9-1-1 system.
(b)
No local government of the State of Georgia shall be required to release, indemnify, defend, or hold harmless any emergency 9-1-1 system provider from any loss, claim, demand, suit, or other action or any liability whatsoever which arises out of subsection (a) of this Code section, unless the local government agrees or has agreed to assume such obligations.
Amended by 2018 Ga. Laws 436,§ 2-10, eff. 1/1/2019.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-132 - Fees by service supplier

It shall be unlawful for any service supplier to assess or charge any fee for an emergency call placed on an emergency 9-1-1 system. The prohibition provided for in this Code section shall only apply to actual emergency calls made on such system and shall not apply to nor prohibit any fee assessed or charged for the implementation or enhancement of such system.
Amended by 2008 Ga. Laws 471,§ 46, eff. 5/12/2008.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-134.1 - Counties where the governing bodies of more than one local government have adopted a resolution to impose an enhanced 9-1-1 charge

(a)
This Code section shall apply in counties where the governing bodies of more than one local government have adopted a resolution to impose a 9-1-1 charge in accordance with the provisions of subsection (a) of Code Section
46-5-133
and notwithstanding any contrary provision of Code Section
46-5-133
or
46-5-134
.
(b)
A wireless service supplier may certify to any of the governing bodies described in subsection (a) of this Code section that the wireless service supplier is unable to determine whether the billing addresses of its subscribers are within the geographic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the 9-1-1 charge for wireless enhanced 9-1-1 services from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notify such subscribers that if such subscriber's billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the 9-1-1 charge for wireless enhanced 9-1-1 service.
(c)
Unless otherwise provided in an agreement among the governing bodies described in subsection (a) of this Code section, the charges collected by a wireless service supplier pursuant to this Code section shall be remitted to such governing bodies based upon the number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments.
(d)
The powers granted to a wireless service supplier pursuant to this Code section shall terminate:
(1)
On the date that the wireless service supplier certifies to a governing body of a local government described in subsection (a) of this Code section that the wireless service supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing body; or
(2)
On the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier.
Upon termination of such powers, the wireless service supplier shall collect the 9-1-1 charge for wireless enhanced 9-1-1 service as provided in Code Section
46-5-134
.
Amended by 2018 Ga. Laws 436,§ 2-13, eff. 1/1/2019.
Amended by 2010 Ga. Laws 624,§ 46, eff. 6/3/2010.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-135 - Liability of service supplier in civil action

A service supplier, including any company providing telephone services and its employees, directors, officers, and agents, is not liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission of a service supplier or any of its employees, directors, officers, or agents, except for willful or wanton misconduct, either in connection with developing, adopting, implementing, maintaining, or operating any emergency 9-1-1 system or in the identification of the telephone number, address, or name associated with any person accessing an emergency 9-1-1 system.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-136 - Authority of local government to create advisory board

(a)
The governing authority of a local government by resolution shall create an advisory board consisting of the sheriff, representatives from other public safety agencies which respond to emergency calls under the 9-1-1 system, and other individuals knowledgeable of emergency 9-1-1 systems and the emergency needs of the citizens of the local government, provided that such advisory board shall not exceed 13 members.
(b)
The advisory board shall assist the local government in:
(1)
Reviewing and analyzing the progress by public safety agencies in developing 9-1-1 system requirements;
(2)
Recommending steps of action to effect the necessary coordination, regulation, and development of a 9-1-1 system;
(3)
Identifying mutual aid agreements necessary to effect the 9-1-1 system;
(4)
Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and
(5)
Providing other services as may be deemed appropriate by the local government.
(c)
The members of the advisory board shall not be compensated from moneys deposited into the Emergency Telephone System Fund.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-137 - Powers of Public Service Commission not affected

This part shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs.
Amended by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
Amended by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-138.2 - "Director" defined; training and instruction

(a)
As used in this Code section, the term "director" means any person having direct operational control of a public safety answering point, any person who has as part of his or her duties supervisory responsibility for one or more communication officers or other employees who answer 9-1-1 calls received by a public safety answering point, or any person who has system management responsibility for the public safety answering point.
(b)
In addition to any training required under federal or state law, any persons becoming a director on or after January 1, 2024, shall enroll in, attend, and complete satisfactorily a course of training and instruction on the management of public safety answering points and the establishment and operation of 9-1-1 systems. Such course of instruction for directors shall be developed and made available by the center subject to the availability and receipt of funding.
Amended by 2022 Ga. Laws 800,§ 3, eff. 7/1/2022.
Amended by 2008 Ga. Laws 471,§ 46, eff. 5/12/2008.
Added by 2007 Ga. Laws 211,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 4 - EMERGENCY TELEPHONE NUMBER "911" SYSTEM (§§ 46-5-120 — 46-5-139) › Section 46-5-139 - [Repealed] Joint Study Committee on Wireless Enhanced 9-1-1 Charges

Repealed by 2005 Ga. Laws 134,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 3 - [REPEALED] TELEGRAPH SERVICE (§ 46-5-140) › Section 46-5-140 - through 46-5-149 - [Repealed]

Repealed by 2012 Ga. Laws 700,§ 11, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-160 - Short title

This article shall be known and may be cited as "The Telecommunications and Competition Development Act of 1995."