(A) As authorized by the Emergency Telephone System Act, 50 ILCS 750/1 et seq., a surcharge is hereby imposed, subject to the provisions of division (B) below, upon all telephone subscribers passed through telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of this county and terminating within this state for funding a 9-1-1 emergency telephone system.
(B) A referendum shall be placed by the County Clerk on the November 5, 1996 ballot for all legal voters residing in the county to vote upon the following question:
Shall the County of Macon impose a surcharge of up to $1.25 per month per network connection, which surcharge will be added to the monthly bill you receive for telephone or telecommunications charges for the purpose of installing or improving a 9-1-1 emergency system?
___________________ yes _______________ no
(C) The ACT states that a county may at any time by ordinance change the rate of the surcharge imposed if the new rate does not exceed the rate specified in the referendum. An increased surcharge is hereby imposed on all monthly billed subscribers of telecommunications carriers residing within the county at a rate of $1.25 per month per in-service network connection, as hereinafter defined.
(D) A monthly billed subscriber shall be deemed to reside within the surcharge jurisdiction if the service address, as hereinafter defined, is located within the county.
(E) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENHANCED 9-1-1 or E9-1-1. An emergency telephone system that includes dedicated network, selective routing, database, ALI, ANI, selective transfer, fixed transfer, and a call-back number.
NETWORK CONNECTION. A voice grade communication channel directly between a subscriber and a telecommunications carrier’s public switched network without the intervention of any other telecommunications carrier’s switched network, that would be required to carry the subscriber’s interpremises traffic and which connection is capable of providing access through the public switched network to a 9-1-1 Emergency Telephone System.
NEXT GENERATION 9-1-1 or NG9-1-1. A system comprised of managed IP-based networks, gateways, functional elements, and databases that augment or replicate present-day E9-1-1 features and functions and provide new capabilities. NG9-1-1 is designed to provide access to emergency services from all sources, and to provide multimedia data capabilities for PSAPs and other emergency service organizations.
SERVICE ADDRESS. The location of the primary use of the network connection or connections.
TELECOMMUNICATIONS CARRIER. Shall have the same meaning as specified in § 13-202 of the Public Utilities Act, including those carriers acting as resellers of telecommunications services. For the purpose of 9-1-1 service, this definition shall include telephone systems operating as mutual concerns. A telecommunications carrier under the Public Utilities Act may provide competitive or noncompetitive local exchange telecommunications services or any combination of the two as defined in § 13-204 of the Public Utilities Act.
(F) (1) The County Board shall have the authority to exempt network connections assigned to governmental units, charitable organizations, and 9-1-1 system providers from the imposition of the surcharge. The County Board shall provide the County Clerk with the information concerning what network connections are to be exempt.
(2) The County Clerk shall provide any telecommunications 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 on 60-days’ prior written notice provided to the telecommunications carriers.
(G) Each telecommunications carrier is hereby authorized and instructed to deduct 3% from the gross amount of surcharge collected prior to remittance under division (H) below in reimbursement for the expense of accounting and collecting the surcharge.
(H) The amount of surcharge collected by the telecommunications carrier shall be paid to the County Treasurer not later than 30 days after the surcharge is collected, net of any network or other 9-1-1 or enhanced or next generation 9-1-1 system charges then due the particular telecommunications carrier, as shown on an itemized bill and the 3% accounting and collection charge described in division (G) above.
(I) Simultaneously with the remittance described in division (H) above, each telecommunications carrier shall make a return to the County Treasurer for the period to which the remittance applies, stating as now specified in Title 83: Public Utilities, Chapter I: Illinois Commerce Commission, Subchapter f: Telephone Utilities, Part 725: Standards of Service Applicable To 9-1-1 Emergency Systems. Each entity collecting and remitting surcharges shall provide to the 9-1-1 authority a detailed monthly listing of the actual number of network connections, including the number of residential, business, payphone, Centrex, PBX, and exempt lines, and the number of residential and business subscriptions.
(J) 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 such 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 on any credit against a surcharge due.
(K) 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.
(Ord. O-32-6-96, passed 6-13-1996; Ord. O-108-5-14, passed 5-8-2014)