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HomeMy WebLinkAboutOrdinance 10-079-CCURIolA L GRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 10- M9 -CC RESOLUTION NO. 10- 0-)9 -CC ORDINANCE INCREASING EXCISE TAX ON SWITCHED ACCESS LINES AND RADIO ACCESS LINES, AND PROVIDING FOR LEVY OF EXCISE TAX ON INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICE LINES RECITALS: WHEREAS, the Board of County Commissioners adopted Resolution No. 89-1-ESCD which, in part, levied an excise tax of fifty cents ($.50) per month on the use of each telephone access line by subscribers within a designated area of Grant County; and WHEREAS, the Board of County Commissioners adopted Ordinance No. 94 -90 -CC which, in part, levied an excise tax of twenty-five cents ($.25) per month on each radio access line within the boundaries of the established Emergency Service Communication District ("ESCD"); and WHEREAS, the Board of County Commissioners found, as set forth in Ordinance/Resolution No. 95 -115 -CC, that in order to protect the health, safety and welfare of the County's residents and visitors and those of the ESCD, and to save lives, it was necessary to continue with procedures for the administration and collection of the Grant County ESCD excise tax, and to continue to provide funds for an enhanced 911 telephone system; and WHEREAS, no county tax on the use of interconnected voice over internet protocol (VoIP) service lines has been imposed to date, although many who call 911 are using Vol? service lines to make such calls; and WHEREAS, the Washington State Legislature has found that the appropriate method of deriving additional revenue for funding enhanced 911 emergency communications systems is to extend the excise tax on the use of switched access lines and radio access lines; and to apply the extended excise tax on the use of interconnected voice over internet protocol service lines; and WHEREAS, Substitute Senate Bill 6846, Laws of 2010, First Special Session, Chapter 19, Laws of 2010, provides for the legislative authority of a county to impose, effective as early as January 1, 2011, a county enhanced 911 excise tax on the use of switched access, radio access, and Ordinance Increasing Excise Tax on Switched Access Lines and Radio Access Lines, and Providing For Levy of Excise Tax on Interconnected Voice Over Internet Protocol Service Lincs— Page 1 Civil voepnnmen&,OrdinancevdD l oAMACC 911 Tux dfnnnce9-23-10 interconnected voice over intemet protocol service lines in an amount not exceeding seventy cents per month for each line; and WHEREAS, Laws of 2010, First Special Session, Chapter 19, Section 4, requires counties imposing county enhanced 911 excise taxes to contract with the State of Washington, Department of Revenue, for the administration and collection of such taxes; and WHEREAS, pursuant to the contract entered into between the Grant County and the State of Washington, Department of Revenue, for the administration and collection of county enhanced 911 excise taxes, the same effective January 1, 2011, Grant County must notify the Department of Revenue, in writing, of a change in the County enhanced 911 excise taxes no less than seventy-five (75) days before the effective date (January 1, 2011) of increased tax imposition; and WHEREAS, it is the continued desire of the Board of County Commissioners to continue to promote, protect and enhance the health, safety and welfare of the County's residents and visitors and those of the ESCD, and to save lives. NOW, THEREFORE, BE IT ORDAINED by the Grant County Board of County Commissioners, acting as the legislative body of the Emergency Services Communication District, as follows: Section 1. Definitions. The definitions contained in Laws of 2010, First Special Session, Chapter 19, Section 2, of the terms "emergency services communication system," "enhanced 911 emergency communications system," "interconnected voice over internet protocol service," "interconnected voice over internet protocol service line," "switched access line," "local exchange company," "radio access line," "radio communications service company," "private telecommunications system," "subscriber," and "place of primary use," are adopted by reference for the purposes of this ordinance. Section 2. Tax levied. A. There is hereby levied an increase in the excise tax from 50 cents per month to 70 cents per month on the use of each switched access lines in Grant County, as authorized by Section 3, Laws of 2010, First Special Session, Chapter 19; B. There is hereby levied an increase in the excise tax from 25 cents per month to 70 cents per month on the use of each radio access line whose place of primary use is located within Grant County, as authorized by Section 3, Laws of 2010, First Special Session, Chapter 19; C. There is hereby levied an excise tax of 70 cents per month on the use of each interconnected voice of internet protocol service line whose place of primary use is located within Grant County, as authorized by Section 3, Laws of 2010, First Special Session, Chapter 19. Section 3. Use of Proceeds. The proceeds of the tax shall be used for an enhanced 911 emergency communications system. Ordinance Increasing Excise Tax on Switched Access Lines and Radio Access Lines, and Providing For Levy of Excise Tax on Interconnected Voice Over Internet Protocol Service Lines — Page 2 Civil I OU CC 911 T.Ord,n., 9-23 10 Section 4. Tax Collection. Grant County must contract with the State of Washington, Department of Revenue for the administration and collection of the excise tax as proscribed in Section 4, Laws of 2010, First Special Session, Chapter 19. Section 5. Effective Date. The effective date of the tax herein imposed is January 1, 2011 and notice of the tax shall be provided by Grant County to all radio communications service companies, local exchange companies, and companies providing interconnected voice over intemet protocol service at least sixty (60) days in advance of the date on which the first payment is due. Section 6. Severability. If any provision of this ordinance/resolution or its application to any person or circumstance is held invalid, the remainder of the ordinance/resolution or the application of the provisions to other persons or circumstances shall not be affected. . A PUBLIC HEARING WAS HELD ON THE ABOVE ORDINANCE/RESOLUTION AT OV O'CLOCK A.M., ON THEf/r) �' _DAY OF �, 2010. Enacted this) `"day of �(, 'TnI -o 2010. OF COUNTY COMMISSIONERS Chair Carol Swartz, Vice Chair ` Ric and B. Stevens, Member ATTEST: Administrative Assistant/Clerk of the Board Ordinance Increasing Excise Tax on Switched Access Lines and Radio Access Lines, and Providing For Levy of Excise Tax on Interconnected Voice Over Internet Protocol Service Lines — Page 3 Civil B�nrs\Ordinances\2010AIACC 911 Tv%dinar c 9-23-10 PUBLISHED: ` / a-91/10 and ly l `f /10 Approved as t By Dalton Deputyrosecuting Attorney Date: /V—i Z— i0 Ordinance Increasing Excise Tax on Switched Access Lines and Radio Access Lines, and Providing For Levy of Excise Tax on Interconnected Voice Over Internet Protocol Service Lines — Page 4 Civil B\Departments\OMinancec\2010\MACC 911 Tax\Ordinance 9-2J-10