Section 308-N. Establishment of county of Chautauqua wireless surcharge

1.
  Notwithstanding the provisions of any law to the contrary, the county of
  Chautauqua, 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 Chautauqua. 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 Chautauqua 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 Chautauqua 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 Chautauqua 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
  Chautauqua for the surcharge until it has been paid  to  the  county  of
  Chautauqua  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 Chautauqua, it shall also provide the county of Chautauqua
  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  Chautauqua  an  accounting  of  the  surcharge
  amounts billed and collected.
    4.  All  surcharge  monies  remitted  to the county of Chautauqua 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

  Chautauqua  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.