Section 308-A. Establishment of city wireless surcharges

1.
  Notwithstanding the provisions of any law to the contrary, any city with
  a population of one million or more, acting through its board, is hereby
  authorized and empowered to adopt, amend or repeal local laws to  impose
  a  surcharge  in  an  amount  not  to  exceed  thirty cents per month on
  wireless communications service in the  city.  The  surcharge  shall  be
  imposed  on  each  wireless communications device and shall be reflected
  and made payable on bills rendered for wireless  communications  service
  that  is provided to a customer whose place of primary use is within the
  city.  For purposes of this section, the term  "place  of  primary  use"
  shall  mean  the  street  address  that  is  representative of where the
  customer's use of the wireless communications service primarily  occurs,
  which address must be: (a) the residential street address or the primary
  business  street  address  of  the customer; and (b) within the licensed
  service area  of  the  wireless  communications  service  provider.  All
  surcharge  monies  remitted  to  the city shall be used to pay for costs
  associated with the design, construction,  operation,  maintenance,  and
  administration  of  public  safety  communications networks serving such
  city.
    2. Any local law adopted pursuant to  this  section  shall  state  the
  amount   of   the   surcharge   and  the  date  on  which  the  wireless
  communications service supplier shall begin to add such surcharge to the
  billings of its customers. Any wireless communications service  supplier
  within  such  city  which  has  imposed  a  surcharge  pursuant  to  the
  provisions of this section shall be given a minimum of  forty-five  days
  written notice prior to the date it shall begin to add such surcharge to
  the  billings of its customers or prior to any modification to or change
  in the surcharge amount.
    3. (a) Each wireless communications service supplier serving such city
  shall act as collection agent for the city and  shall  remit  the  funds
  collected  pursuant  to a surcharge imposed under the provisions of this
  section to the chief fiscal officer of the city every month. Such  funds
  shall  be remitted no later than thirty days after the last business day
  of the month.
    (b) Each wireless communications service supplier shall be entitled to
  retain, as an administrative fee, an amount equal to two percent of  its
  collections of a surcharge imposed under the provisions of this section.
    (c)   Any   surcharge   required   to   be  collected  by  a  wireless
  communications service supplier shall be added to and stated  separately
  in its billings to customers.
    (d)  Each  wireless  communications service customer who is subject to
  the provisions of this section shall be liable  to  such  city  for  the
  surcharge  until  it  has been paid to the city except that payment to a
  wireless communications service supplier is sufficient  to  relieve  the
  customer from further liability for such surcharge.
    (e)  No  wireless  communications  service supplier shall have a legal
  obligation to enforce the collection of any surcharge imposed under  the
  provisions  of  this  section,  provided,  however,  that  whenever  the
  wireless communications service supplier remits the funds  collected  to
  the  city,  it  shall also provide the city with the name and address of
  any customer refusing or failing to pay a surcharge  imposed  under  the
  provisions  of this section and shall state the amount of such surcharge
  remaining unpaid.
    (f) Each  wireless  communications  service  supplier  shall  annually
  provide  to  such city an accounting of the surcharge amounts billed and
  collected.
    4.  All  surcharge  monies  remitted  to  the  city  by   a   wireless
  communications   service   supplier   shall   be   expended   only  upon

  authorization of the board and only for payment of system costs or other
  costs associated with the design, construction, operation,  maintenance,
  and administration of public safety communications networks serving such
  city.  The city shall separately account for and keep adequate books and
  records of the amount and source of all such monies and  of  the  amount
  and object or purpose of all expenditures thereof. If, at the end of any
  fiscal  year,  the  total  amount  of all such monies exceeds the amount
  necessary for payment of the above mentioned costs in such fiscal  year,
  such  excess shall be reserved and carried over for the payment of those
  costs in the following fiscal year.
    * NB There are 19 § 308-a's