Section 308-P. Establishment of county of Washington wireless surcharge

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