Section 308-W. Establishment of wireless surcharges for the county of Rockland

1. Notwithstanding the provisions of any law to the  contrary,
  the  county  of Rockland, 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 Rockland. 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 Rockland 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  Rockland  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  Rockland  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 such  county  for  the
  surcharge  until  it has been paid to the county of Rockland 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  Rockland,  it shall also provide the county of Rockland
  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 Rockland an account of the surcharge amounts
  billed and collected.
    4. All surcharge monies remitted  to  the  county  of  Rockland  by  a
  wireless  communications  service  supplier  shall be expended only upon
  authorization of the 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 Rockland  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.
    * NB There are 2 § 308-w's