Section 308-F. Establishment of county of Onondaga wireless surcharge

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