PRINTER'S NO. 3764
No. 2600 Session of 2002
INTRODUCED BY BEBKO-JONES, G. WRIGHT, KIRKLAND, LAUGHLIN,
LEDERER, BELARDI, LESCOVITZ, MACKERETH, MARKOSEK, BELFANTI,
BISHOP, BROWNE, CAPPELLI, L. I. COHEN, COLAFELLA, CORRIGAN,
COSTA, CREIGHTON, CURRY, DALEY, DeLUCA, DeWEESE, FRANKEL,
FREEMAN, GEORGE, GODSHALL, GRUCELA, HENNESSEY, HORSEY,
HUTCHINSON, JAMES, JOSEPHS, KAISER, KENNEY, McCALL, McGEEHAN,
McILHATTAN, MELIO, R. MILLER, NAILOR, PALLONE, PETRARCA,
PISTELLA, READSHAW, SAINATO, SANTONI, SAYLOR, SCHULER,
SHANER, B. SMITH, STETLER, THOMAS, TIGUE, TULLI, VANCE,
WALKO, WASHINGTON, WOJNAROSKI, YOUNGBLOOD, OLIVER AND KELLER,
APRIL 29, 2002
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 29, 2002
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
1 telecommunication device distribution] Universal
2 Telecommunications and Print Media Access.
3 Section 1. Short title.
4 This act shall be known and may be cited as the [Dual Party
5 Relay Service and Telecommunication Device Distribution Program
6 Act] Universal Telecommunications and Print Media Access Act.
7 Section 2. Section 2 of the act is amended by adding
8 definitions to read:
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 * * *
14 "Persons who are blind or print disabled." Any person who is
15 legally blind and/or unable to read standard print, or any
16 person who is eligible to receive services from the National
17 Library Service for the Blind and Physically Handicapped.
18 * * *
19 "Print Media Access System." Any nationwide or statewide
20 telephone access service that provides access of national and
21 local newspapers to the blind or print disabled.
22 * * *
23 Section 3. The act is amended by adding a section to read:
24 Section 3.1. Establishment of a Print Media Access System
25 Program.
26 (a) Establishment.--The Print Media Access System Program is
27 hereby established. It shall be a program whereby print media
28 access systems for persons who are blind or print disabled are
29 distributed at no charge to the distributee.
30 (b) Administration.--The executive director of the Bureau of
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1 Blind and Visual Services of the department, in cooperation with
2 other State agencies which serve people with disabilities, shall
3 oversee implementation of the program. To this end, the
4 executive director may do any of the following:
5 (1) Establish criteria of eligibility in accordance with
6 subsection (c) and adopt regulations and forms consistent
7 with the act of July 31, 1968 (P.L.769, No.240), referred to
8 as the Commonwealth Documents Law.
9 (2) Facilitate the enrollment and training of print
10 media access system distributee.
11 (3) Coordinate with newspapers to facilitate the
12 inclusion of additional newspapers and the maintenance of
13 existing newspapers.
14 (4) Determine, in cooperation with other State agencies,
15 the funds required for the maintenance of the system and
16 provide information.
17 Section 4. Section 4 of the act is amended to read:
18 Section 4. Establishment of dual party relay service.
19 (a) Telecommunication relay services.--The commission shall
20 design and implement a telecommunication relay service program
21 for the Commonwealth that is consistent with and meets or
22 exceeds the requirements of the Americans with Disabilities Act
23 of 1990 (Public Law 101-336, 104 Stat. 327).
24 (b) Certification.--The commission is authorized to seek on
25 behalf of this Commonwealth certification of the
26 telecommunication relay service program from the Federal
27 Communications Commission.
28 (c) Additional use of surcharge.--The program shall be
29 funded by the Telecommunication Relay Service Program surcharge,
30 as calculated by the commission on an annual basis under the
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1 methodology established by the commission in order entered May
2 29, 1990, and July 9, 1990, at Docket Number M900239. The
3 executive director of the Office of Vocational Rehabilitation in
4 the department shall provide the commission with an annual
5 budget and supporting information for the purchase of
6 telecommunication devices for the program. A portion of the
7 surcharge shall be used to fund the print media access system
8 program. The surcharge shall not be used to fund administrative
9 costs of the program.
10 (d) Limits on expenditures.--Expenditures for the program
11 shall not exceed collections from the Telecommunication Relay
12 Service Program surcharge.
13 (e) Annual report.--The commission shall prepare and submit
14 an annual report to the General Assembly on the program.
15 (1) The report shall include the fiscal status of the
16 program, a statement of the surcharge level established under
17 subsection (c) and the revenues produced by the surcharge, an
18 account of program expenses and the fund balance.
19 (2) The executive director of the Office of Vocational
20 Rehabilitation in the department shall provide the commission
21 with information on the program, including the purchase and
22 distribution of telecommunication devices, for inclusion in
23 the annual report to the General Assembly.
24 (2.1) The executive director of the Bureau of Blind and
25 Visual Services of the department shall provide the
26 commission with information on the print media access system
27 program, including the annual budget and administration of
28 the program, for inclusion in the annual report to the
29 General Assembly.
30 (3) If the commission determines any of the information
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1 is proprietary, the information shall be filed under seal and
2 made available under the terms of an appropriate protective
3 agreement of the type used in cases before the commission.
4 Section 5. This act shall take effect in 60 days.
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