§ 12-10-320 - Emergency telephone service charges -- Duties, rights, liability, etc., of service supplier.
               	 		
12-10-320.    Emergency telephone service charges -- Duties, rights, liability, etc., of service supplier.
    (a)  The  duty of the service supplier to collect any service charge shall  commence upon the date of its implementation, which date shall be  specified in the resolution calling the election.
(b)    (1)  The  service supplier shall have no obligation to take any legal action to  enforce the collection of any emergency telephone service charge.
      (2)  However,  the service supplier shall annually provide the governing authority of  the political subdivision with a list of the amount uncollected,  together with the names and addresses of those service users who carry a  balance that can be determined by the service supplier to be nonpayment  of such service charge.
      (3)  The  service charge shall be collected at the same time as the tariff rate in  accordance with the regular billing practice of the service supplier.
      (4)  Good  faith compliance by the service supplier with this provision shall  constitute a complete defense for the service supplier to any legal  action or claim which may result from the service supplier's  determination of nonpayment and the identification of service users in  connection therewith.
(c)    (1)  The  amounts collected by the service supplier attributable to any emergency  telephone service charge shall be due quarterly. The amount of service  charge collected on one (1) calendar quarter by the service supplier  shall be remitted to the political subdivision no later than sixty (60)  days after the close of a calendar quarter.
      (2)  A  return, in such form as the governing authority of the political  subdivision and the service supplier agree upon, shall be filed with the  political subdivision, together with a remittance of the amount of  service collected payable to the political subdivision.
      (3)  The  service supplier shall be entitled to retain as an administrative fee  an amount equal to one percent (1%) from the gross receipts to be  remitted to the political subdivision.
      (4)  The  service supplier shall maintain records of the amount of the service  charge collected for a period of at least two (2) years from date of  collection.
      (5)  The governing  authority may, at its expense, require an annual audit of the service  supplier's books and records with respect to the collection and  remittance of the service charge.