Section 308-E. Establishment of county of Chemung wireless surcharge

1.
  Notwithstanding the provisions of any law to the contrary, the county of
  Chemung, 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 Chemung. 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) 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 Chemung 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 Chemung 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
  Chemung 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 Chemung
  for the surcharge until it has been paid to the county of Chemung 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 Chemung, it shall also provide the county of Chemung  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 Chemung an accounting of the surcharge  amounts
  billed and collected.
    4.  All  surcharge  monies  remitted  to  the  county  of Chemung by a
  wireless communications service supplier shall  be  expended  only  upon
  authorization  of  the  board of representatives 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 Chemung 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.