[HISTORY: Adopted by the County Board of Stephenson County as indicated in article histories. Amendments noted where applicable.]
Article I Surcharge
[Adopted 8-8-1989 by Ord. No. 89-08-143 (Ch. 5, Art. II, Div. 2, of the 1977 Code)]
Editor's Note: The imposition of a surcharge of up to $1.23 per month per network connection was approved by a majority of the voters of the County at an election held 11-7-1989, pursuant to Section 2 of Ord. No. 89-08-143.
For purpose of this article, 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 carrier's switched network which would be required to carry the subscriber's interpremises 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 65 ILCS 5/8-11-2.
A surcharge is hereby imposed, subject to the provisions of Section 2 of Ordinance No. 8908-143, upon all telecommunications carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the County and terminating within the state for funding of a 9-1-1 emergency telephone system.
The surcharge is hereby imposed at a rate of $1.23 per month per in-service network connection, as hereinafter defined. A network connection shall not be deemed to be in service where a subscriber's account is uncollectible.
The surcharge shall be imposed on the first day of the month following the expiration of 90 days from the date the County Clerk certifies to the individual telecommunications carriers subject to the surcharge that the referendum referred to in Section 2 of Ord. No. 8908-143 has passed.
The County Clerk shall provide any telecommunications carrier subject to 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.
In lieu of the telecommunications carriers imposing an accounting and collection charge of 3% on its subscribers as permitted under the Act, each telecommunications carrier is hereby authorized and instructed to recover the accounting and collection charge by deducting 3% from the amount of surcharge otherwise due and owing the County prior to remittance under § 364-5A.
Generally. Every telecommunications carrier shall remit to the County Treasurer the amount of surcharge due and owing 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 telecommunications carrier as shown on an itemized bill and the accounting and collection charge of 3% described in § 364-4.
Return required; contents. Simultaneously with the remittance described in Subsection A above, each telecommunications carrier shall make a return to the County Treasurer for the period to which the remittance applies stating as follows:
The name of the telecommunications carrier.
The telecommunications carrier's principal place of business.
The number of network connections to which the surcharge applies.
The amount of surcharge due.
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 from the telecommunications carrier who made the erroneous payments; 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.
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.