(A) Pursuant to referendum voted in favor thereof, a surcharge is hereby imposed on monthly billed subscribers of telecommunication carriers residing within the Lake County 9-1-1 Service Area at a rate of $0.75 per month per network connection, as hereinafter defined, for the purpose of funding a 9-1-1 emergency telephone system as provided by the Emergency Telephone System Act (“Act”).
(B) A monthly billed subscriber shall be deemed to reside within the Lake County 9-1-1 Service Area if the service address, as hereinafter defined, is located within the Lake County 9-1-1 Service Area.
(C) For the purpose of this section, the following definitions shall apply.
NETWORK CONNECTION. 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.
SERVICE ADDRESS. The location of the subscriber’s telecommunications facilities accessing the network connection or connections that are subject to the surcharge. If this is not a defined location, SERVICE ADDRESS shall mean the location of a subscriber’s primary use of the network connection as defined by telephone number, authorization code, or location in this state where bills are sent.
TELECOMMUNICATIONS CARRIER. Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, 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.
(D) The County Administrator shall provide any telecommunication carrier collecting the surcharge with a certified list of those network connections assigned to the county to be exempt from imposition of the surcharge. The certified list may be revised by the County Administrator on 60 days’ prior written notice provided to the telecommunication carriers.
(E) The surcharge shall be imposed on the first day of the month following the expiration of 90 days from the date the Lake County Clerk certifies to any of the telecommunication carriers who are required to collect the surcharge that the referendum referred to in subsection (A) above has passed.
(F) Each telecommunication carrier is hereby authorized and instructed to deduct 3% from the gross amount of surcharge collected prior to remittance under subsection (G) of this section in reimbursement for the expense of accounting and collecting the surcharge.
(G) Every telecommunication carrier shall remit to the Lake 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 to the particular telecommunication carrier as shown on an itemized bill and the 3% accounting and collection charge described in subsection (F) above.
(H) Simultaneously with the remittance described in subsection (G) above, each telecommunication carrier shall make a return to the Lake County Treasurer for the period to which the remittance applies stating as follows:
(1) The name of the telecommunication carrier;
(2) The telecommunication carrier’s principal place of business and the location to which inquiries may be directed;
(3) The number of network connections to which the surcharge applies;
(4) The gross amount of surcharge collected, and the net amount remitted; and
(5) Any other reasonable and related information as may be required by the county and/or the Emergency Telephone System Board to be established for the Lake County 9-1-1 Service Area.
(I) If it shall appear that an amount of surcharge has been paid which was not due under the provisions of this section, whether as the result of a mistake of fact or an error of law, then the amount shall be credited against any surcharge due, or to become due, under this section; provided that no amounts erroneously paid more than three years prior to the filing of a claim therefor shall be so credited. Ninety days’ prior notice shall be given to the Emergency Telephone System Board established by the county on any credit against a surcharge due.
(J) No action to recover any amount of surcharge due under the provisions of this section shall be commenced more than three years after the due date of the amount.
(1977 Code, § 3:6-6) (Ord. passed 11-14-1989)