HomeMy WebLinkAboutORD 7277 TO AMEND ARC CODE CREATING ARTICLE SEIX SECTION 2-2-57 RELATING TO IMPOSING A 9--1-1 CHARGE ON PREPAID WIRELSS SERVICE ORDINANCE NO. � 2 � �
AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE CREATING
TITLE TWO CHAPTER TWO ARTICLE SIX SECTION 2-2-57
RELATING TO IMPOSING A 9-1-1 CHARGE ON PREPAID WIRELESS
SERVICE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES IN
CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of
Georgia Annotated, as amended by Act No. 187, Georgia Laws 2011, authorizes
counties and cities that operate a 9-1-1 public safety answering point to impose a
9-1-1 charge on prepaid wireless service at the retail point of sale; and,
WHEREAS, pursuant to Code Section 46-5-134.2 of the Official Code of Georgia
Annotated such charges may be imposed at the rate of 75 cents per retail
transaction; and
WHEREAS, revenues received by a county or municipality from such charges
must be deposited in the emergency telephone assistance fund maintained by the
county or municipality; and
WHEREAS, imposition of the charge on prepaid wireless service is contingent
upon the enactment of an ordinance or resolution of the county or municipality;
and
WHEREAS, Augusta, Georgia operates a 9-1-1 public safety answering point.
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. AuGUSTa, Ga. CoDE Section 2-2-57 is hereby created as set forth in
"Exhibit A" hereto.
SECTION 2. This ordinance shall become effective on January l, 2012.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
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Adopted this 2nd day of August � 2011.
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� � � David S. Copenhaver
As its Mayor
Attest: �(,2���
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ena�'`�� , ' �� ' `�,��of Commission
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on august 2 , 2011 and that such Ordinance has not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the
foregoing meeting ).
ena J. Bo r, lerk of Commission
Published in the Augusta Chronicle.
Date: august i i. 2oi i
First Reading Julv 19 , 2o i 1
Second Reading �s�s� �r���,
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EXHIBIT A
Sec. 2-2-57. Prepaid Wireless 9-1-1 Charge.
(a) Implementation. In accordance with O.C.G.A. § 46-5-134.2, there is hereby
imposed a prepaid wireless 9-1-1 charge as defined by O.C.G.A. § 46-5-
134.2(a)(4) upon every prepaid wireless retail transaction occurring within the
jurisdiction of the 9-1-1 public service answering point in the amount of 75 cents.
(b) Collection of 9-1-1 Charge on Prepaid Wireless Transactions. Prepaid
wireless 9-1-1 charges collected by sellers shall be remitted to the Commissioner
of the Department of Revenue at the times and in the manner provided by Chapter
8 of Title 48 of the Official Code of Georgia Annotated with respect to the sales
and use tax imposed on prepaid wireless calling service.
(c) Administrative P�ovisions. The Clerk of the Augusta, Georgia Commission is
hereby directed to file with the State Revenue Commissioner a certified copy of
this ordinance and amendments thereto, in accordance with O.C.G.A. § 46-5-
134.2(j)(1), within ten (10) days of enactment of this ordinance.
(d) Depositing of Funds; Use of Funds. In accordance with O.C.G.A. § 46-5-
134.2(j)(5), funds received by Augusta, Georgia from charges imposed by this
ordinance shall be deposited in the Emergency Telephone System Fund maintained
by Augusta, Georgia pursuant to O.C.G.A. § 46-5-134 and kept separate from
general revenue of the jurisdiction; all such funds shall be used exclusively for the
purposes authorized by O.C.G.A. § 46-5-134(fl.