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Henry County 911 director says board is considering ballot question after Wayfair-era tax changes
Summary
Henry County’s 911 director briefed commissioners on 'Wayfair' implications and on options to place a 911 funding question on the ballot; staff discussed ballot language, impacts to use-tax allocation and the mechanics of shifting revenues to the 911 fund.
Ken Scott, Henry County’s 911 director, told the commission the 911 board is investigating how a change in state tax interpretations (the Wayfair decision referenced in the meeting) affects local use-tax collections and whether to place a ballot question to restore or secure dedicated 911 funding.
Scott said county use tax enacted in the 1990s began to capture internet sales after the Wayfair decision, noting a local use-tax rate shown in the meeting materials of roughly 1.25% that applies to internet purchases; combined with a 0.45% 911 sales allocation referenced by staff, the transcript described a combined 1.7% tax incidence on certain internet purchases in county accounting. Officials emphasized that a separate 911 entity cannot levy a use tax without voter approval and that ballot language will likely require attorney drafting and an appropriate election date.
Commissioners and staff discussed timing, statutory ballot language and the possibility that other counties and 911 boards are in litigation or taking differing approaches to collection and ballot placement. Commissioners said they would provide guidance to the 911 board on next steps and that staff will help draft or route the required ballot language and dates to ensure compliance with election timing.
No formal vote was taken; the item was presented for information and direction toward drafting ballot language and coordinating with the 911 board.
