(A) Generally. Under the authority of and subject to the provisions of Indiana law, an emergency telephone system fee is hereby established for the funding of the installation and operation of the enhanced emergency telephone system in Boone County, Indiana. The fee shall be collected from the telephone service users of Boone County, Indiana, and administered in accordance with the Indiana Code and the following terms set forth in this section.
(B) Definitions.
ENHANCED EMERGENCY TELEPHONE SYSTEM. A telephone system that uses the three-digit “911” number to send automatic number identification and automatic location identification for reporting police, fire, medical or other emergency situations.
EXCHANGE ACCESS FACILITY.
(a) The access from a particular service users premises to a telephone system, which shall include:
1. An access line;
2. A private branch exchange (PBX) trunk;
3. A centrex line trunk equivalent, all of which are provided by the service supplier; and
4. A mobile telephone system access trunk, whether the trunk is provided by a telephone company or a radio common carrier.
(b) The term does not include:
1. A service supplier owned and operated telephone pay station line;
2. A wide area telecommunication service (WATS);
3. A foreign exchange (FX) line; or
4. An incoming only line.
SERVICE SUPPLIER. A person who provides exchange telephone service to a service user.
SERVICE USER. A person to whom exchange telephone service is provided.
(C) Monthly fee. A monthly fee of $1.96 per month per telephone access line or other exchange access facility shall be collected by the service supplier for each month or part of a month an exchange access facility is in service as a part of its normal billing process.
(D) Service supplier fee. Each service supplier that collects the enhanced emergency telephone system fee on behalf of Boone County shall be entitled to a 3% administrative fee as compensation for collecting the monthly fee.
(E) Remittal of fee. Each service supplier shall remit all monthly fees collected, except for the 3% administrative fee, to the Treasurer of Boone County, State of Indiana, within ten days of the last day of each calendar-year quarter. At the same time the fees are remitted, the service supplier shall provide a fee collection report to the Auditor of Boone County, State of Indiana, on a form approved or provided by the Auditor.
(F) Establishment of Fund.
(1) The Treasurer of Boone County, State of Indiana, shall establish a separate fund for the deposit of collected enhanced emergency telephone system fees.
(2) The fund shall be known as The Boone County Enhanced Emergency Telephone System Fund. All fees remitted by the service supplier shall be deposited in said fund. The Boone County Treasurer may invest the money in the Fund in the same manner that other money of Boone County may be invested. The fees imposed in the Boone County Enhanced Emergency Telephone System Fund shall be used only for the payment of the following:
(a) The lease, purchase or maintenance of enhanced emergency telephone equipment, including necessary computer hardware, software and data base provisioning;
(b) The rates associated with the service suppliers’ enhanced emergency telephone system network services; and
(c) The personnel expenses of the emergency telephone system.
(3) The County Council of Boone County may appropriate money in the Fund only for the expenditures.
(G) Delinquent fee report. During January of each year, each service supplier that collects the enhanced emergency telephone system fee for Boone County shall provide a delinquent fee report to the Boone County Treasurer. The report shall list the name, address and amount due from each service user who is two or more months delinquent in paying the fee. The service supplier shall also indicate the amount of delinquent fees for which each person included on the list is liable.
(H) Commencement of fee collection. Each service supplier shall commence collection of the enhanced emergency telephone system fee as soon as it is administratively practicable after the effective date of this section.
(I) Effective date. This section shall be in full force and effect on the first day of the second month after its passage by the Boone County Council as provided by Indiana law.
(J) Indiana Code controlling. This ordinance shall be applied, construed and administered in accordance with Indiana law, and any amendment thereto. In the event that Indiana Code provisions shall be amended by the State of Indiana in such a manner as to become inconsistent, or cause a conflict with the provisions of this section, then, and in that event, this section shall be amended to include and adopt those provisions of the Indiana Code, as if the same were fully set forth and incorporated herein.
(Ord. 94-6, passed 4-19-1994)