Section 308-K. Establishment of county of Fulton wireless surcharge

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

  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.