Section 308-D. Establishment of county of Orange wireless surcharge

1.
  Notwithstanding the provisions of any law to the contrary, the county of
  Orange, acting through its legislative body, 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 county of Orange. 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
  county.  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 supplier.
    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 the county of Orange 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  the
  county  of Orange shall act as collection agent for the county and shall
  remit the funds collected pursuant to  a  surcharge  imposed  under  the
  provisions  of this section to the chief fiscal officer of the county of
  Orange 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 the county of Orange
  for the surcharge until it has been paid to the county of Orange  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  county  of  Orange, it shall also provide the county of Orange 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  the county of Orange an accounting of the surcharge amounts
  billed and collected.
    4. All surcharge monies remitted to the county of Orange by a wireless
  communications  service   supplier   shall   be   expended   only   upon
  authorization  of  the  county  legislative body and only for payment of
  eligible wireless 911 service costs, as defined in  subdivision  sixteen
  of  section  three  hundred  twenty-five  of this chapter. The county of
  Orange 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.