[Ord. No. 89-19, 12-18-1989]
A surcharge is hereby imposed, subject to the provisions of Section 36-5-2, upon the monthly billed subscribers of telecommunication carriers residing within the County for funding of a 9-1-1 Emergency Telephone System.
A surcharge is hereby imposed on monthly billed subscribers of telecommunication carriers residing within the County at a rate of $1 per month per in-service network connection, as hereinafter defined.
A monthly billed subscriber shall be deemed to reside within the County if the service address, as hereinafter defined is located within the County.
For purpose of this article the following definitions shall apply:
- NETWORK CONNECTIONS
- The number of voice grade communication channels directly between a subscriber and a telecommunications carrier's public switched network without the intervention of any other telecommunications carriers switched network which would be required to carry the subscriber's inter-premises traffic.
- TELECOMMUNICATIONS CARRIER
- Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation, municipal corporation or political subdivision of this State, or a receiver, trustee, conservator, or other representative appointed by order of any court engaged in the business of transmitting messages by means of electricity.
- TRANSMITTING MESSAGES
- Shall have the meaning ascribed to the term in Section 8-11-2 of the Illinois Municipal Code.
The Monroe County Clerk shall provide any telecommunication carrier collecting the surcharge with a certified list of those network connections assigned to the Monroe County Clerk to be exempt from imposition of the surcharge. The certified list may be revised by the Monroe County Clerk on 60 days prior written notice provided to the telecommunication carriers.
Each telecommunication carriers is hereby authorized and instructed to deduct 3% from the gross amount of surcharge collected prior to remittance under Section 36-5-7 of this article in reimbursement for the expense of accounting and collecting the surcharge.
Every telecommunication carrier shall remit to the County Treasurer the amount of surcharge collected for each calendar month within 30 days following expiration of each month to which the surcharge applies, net of any network or other 9-1-1 or sophisticated 9-1-1 system charge then due the particular telecommunication carrier as shown on an itemized bill and the 3% accounting and collection charge described in Section 36-5-6.
Simultaneously with the remittance described in Section 36-5-6 each telecommunication carrier shall make a report to the County Treasurer for the period to which the remittance applies stating as follows:
The name of the telecommunication carrier;
The telecommunication carriers principal place of business;
The number of network connections to which the surcharge applies;
The amount of surcharge collected; and
Such other reasonable and related information as the corporate authorities may require.
If it shall appear that an amount of surcharge has been paid which was not due under the provisions of this article, whether as the result of a mistake of fact or an error of law, then such amount shall be credited against any surcharge due, or to become due, under this article provided that no amounts erroneously paid more than three years prior to the filing of a claim therefore shall be so credited. Ninety days prior notice shall be given to the Emergency Telephone System Board on any credit against a surcharge due.
No action to recover any amount of surcharge due under the provisions of this article shall be commenced more than three years after the due date of such amount.
(See 750 ILCS 15.3)