PRINTER'S NO. 1385
No. 1168 Session of 2003
INTRODUCED BY BEBKO-JONES, BELARDI, BELFANTI, BISHOP, BROWNE,
CAPPELLI, CAWLEY, CREIGHTON, CRUZ, CURRY, DeWEESE, GEORGE,
GRUCELA, HARHAI, HENNESSEY, JAMES, LEDERER, LEVDANSKY,
MANDERINO, PALLONE, THOMAS, TIGUE, WASHINGTON AND YOUNGBLOOD,
APRIL 15, 2003
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 15, 2003
AN ACT
1 Amending the act of July 6, 1995 (P.L.255, No.34), entitled "An
2 act providing for dual party relay services and for
3 telecommunication device distribution," expanding the scope
4 of the act; defining "Print Media Access System" and "persons
5 who are blind or print disabled"; providing for establishment
6 of a Print Media Access System Program; and further providing
7 for establishment of dual party relay service.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title and section 1 of the act of July 6,
11 1995 (P.L.255, No.34), known as the Dual Party Relay Service and
12 Telecommunication Device Distribution Program Act, are amended
13 to read:
14 AN ACT
15 Providing for [dual party relay services and for
16 telecommunication device distribution] Universal
17 Telecommunications and Print Media Access.
18 Section 1. Short title.
19 This act shall be known and may be cited as the [Dual Party
1 Relay Service and Telecommunication Device Distribution Program
2 Act] Universal Telecommunications and Print Media Access Act.
3 Section 2. Section 2 of the act is amended by adding
4 definitions to read:
5 Section 2. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 * * *
10 "Persons who are blind or print disabled." Any person who is
11 legally blind and/or unable to read standard print, or any
12 person who is eligible to receive services from the National
13 Library Service for the Blind and Physically Handicapped.
14 * * *
15 "Print media access system." Any nationwide or statewide
16 telephone access service that provides access of national and
17 local newspapers to the blind or print disabled.
18 * * *
19 Section 3. The act is amended by adding a section to read:
20 Section 3.1. Establishment of the Print Media Access System
21 Program.
22 (a) Establishment.--The Print Media Access System Program is
23 hereby established. It shall be a program whereby print media
24 access systems for persons who are blind or print disabled are
25 distributed at no charge to the distributee.
26 (b) Administration.--The executive director of the Bureau of
27 Blindness and Visual Services of the department, in cooperation
28 with other State agencies which serve people with disabilities,
29 shall oversee implementation of the program. To this end, the
30 executive director may do any of the following:
20030H1168B1385 - 2 -
1 (1) Establish criteria of eligibility and adopt
2 regulations and forms consistent with the act of July 31,
3 1968 (P.L.769, No.240), referred to as the Commonwealth
4 Documents Law.
5 (2) Facilitate the enrollment and training of print
6 media access system distributee.
7 (3) Coordinate with newspapers to facilitate the
8 inclusion of additional newspapers and the maintenance of
9 existing newspapers.
10 (4) Determine, in cooperation with other State agencies,
11 the funds required for the maintenance of the print media
12 access system and provide information.
13 Section 4. Section 4 of the act is amended to read:
14 Section 4. Establishment of dual party relay service.
15 (a) Telecommunication relay services.--The commission shall
16 design and implement a telecommunication relay service program
17 for the Commonwealth that is consistent with and meets or
18 exceeds the requirements of the Americans with Disabilities Act
19 of 1990 (Public Law 101-336, 104 Stat. 327).
20 (b) Certification.--The commission is authorized to seek on
21 behalf of this Commonwealth certification of the
22 telecommunication relay service program from the Federal
23 Communications Commission.
24 (c) Additional use of surcharge.--The program shall be
25 funded by the Telecommunication Relay Service Program surcharge,
26 as calculated by the commission on an annual basis under the
27 methodology established by the commission in order entered May
28 29, 1990, and July 9, 1990, at Docket Number M900239. The
29 executive director of the Office of Vocational Rehabilitation in
30 the department shall provide the commission with an annual
20030H1168B1385 - 3 -
1 budget and supporting information for the purchase of
2 telecommunication devices for the program. A portion of the
3 surcharge shall be used to fund the Print Media Access System
4 Program. The surcharge shall not be used to fund administrative
5 costs of the program.
6 (d) Limits on expenditures.--Expenditures for the program
7 shall not exceed collections from the Telecommunication Relay
8 Service Program surcharge.
9 (e) Annual report.--The commission shall prepare and submit
10 an annual report to the General Assembly on the program.
11 (1) The report shall include the fiscal status of the
12 program, a statement of the surcharge level established under
13 subsection (c) and the revenues produced by the surcharge, an
14 account of program expenses and the fund balance.
15 (2) The executive director of the Office of Vocational
16 Rehabilitation in the department shall provide the commission
17 with information on the program, including the purchase and
18 distribution of telecommunication devices, for inclusion in
19 the annual report to the General Assembly.
20 (2.1) The executive director of the Bureau of Blindness
21 and Visual Services of the department shall provide the
22 commission with information on the Print Media Access System
23 Program, including the annual budget and administration of
24 the program, for inclusion in the annual report to the
25 General Assembly.
26 (3) If the commission determines any of the information
27 is proprietary, the information shall be filed under seal and
28 made available under the terms of an appropriate protective
29 agreement of the type used in cases before the commission.
30 Section 5. This act shall take effect in 60 days.
A6L43JS/20030H1168B1385 - 4 -