PRIOR PRINTER'S NO. 74 PRINTER'S NO. 781
No. 79 Session of 2003
INTRODUCED BY MOWERY, LOGAN, RAFFERTY, TARTAGLIONE, COSTA,
KITCHEN, ROBBINS, SCHWARTZ, WAUGH, M. WHITE, EARLL,
C. WILLIAMS, BOSCOLA, TOMLINSON, ORIE, FERLO, WAGNER AND
PILEGGI, JANUARY 27, 2003
SENATOR CORMAN, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED,
APRIL 29, 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; further providing for definitions; providing for
5 establishment of the Print Media Access System Program;
6 further providing for establishment of dual party relay
7 service; and making editorial changes.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title and sections 1 and 2, 2 AND 3(B) of the <--
11 act of July 6, 1995 (P.L.255, No.34), known as the Dual Party
12 Relay Service and Telecommunication Device Distribution Program
13 Act, are amended 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. Definitions.
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Center for independent living." A consumer-controlled,
8 community-based, cross-disability, nonresidential private,
9 nonprofit agency that is designed and operated within a local
10 community by people with disabilities and provides an array of
11 independent living services, as defined by the Rehabilitation
12 Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.).
13 "Commission." The Pennsylvania Public Utility Commission.
14 "Department." The Department of Labor and Industry of the
15 Commonwealth.
16 "Persons with a disability" or "people with disabilities." A
17 person certified as being deaf, deaf-blind, hard-of-hearing,
18 having a hearing loss or speech impaired by a licensed
19 physician, audiologist, speech pathologist or a qualified State
20 agency.
21 "Persons who are blind or print disabled." Any person who is
22 legally blind or any person who is eligible to receive services
23 from the National Library Service for the Blind and Physically
24 Handicapped.
25 "PRINT MEDIA ACCESS SYSTEM." ANY NATIONWIDE OR STATEWIDE <--
26 TELEPHONE ACCESS SERVICE THAT PROVIDES ACCESS TO NATIONAL AND
27 LOCAL NEWSPAPERS TO PERSONS WHO ARE BLIND.
28 "Print Media Access System Program." The Print Media Access
29 System Program established under section 3.1.
30 ["Program." The Telecommunication Device Distribution
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1 Program established under this act.]
2 "Telecommunication device." Equipment necessary for a person
3 with a disability to engage in communication by wire or radio
4 with another person with a disability or with a hearing
5 individual.
6 "Telecommunication Device Distribution Program." The
7 Telecommunication Device Distribution Program established under
8 section 3.
9 "Telecommunication relay service." Telephone transmission
10 services that provide the ability for a person with a disability
11 to engage in communication by wire or radio with a hearing
12 individual in a manner that is functionally equivalent to the
13 ability of a person who does not have a disability to
14 communicate using voice communication services by wire or radio.
15 The term includes services that enable two-way communication
16 between an individual who uses a telecommunication device or
17 other nonvoice terminal device and an individual who does not
18 use such a device.
19 SECTION 3. ESTABLISHMENT OF TELECOMMUNICATION DEVICE <--
20 DISTRIBUTION PROGRAM.
21 * * *
22 (B) ADMINISTRATION.--THE EXECUTIVE DIRECTOR OF THE OFFICE OF
23 VOCATIONAL REHABILITATION OF THE DEPARTMENT, IN COOPERATION WITH
24 OTHER STATE AGENCIES WHICH SERVE PEOPLE WITH DISABILITIES, SHALL
25 OVERSEE IMPLEMENTATION OF THE [PROGRAM] TELECOMMUNICATIONS
26 DEVICE DISTRIBUTION PROGRAM. TO THIS END, THE EXECUTIVE DIRECTOR
27 MAY DO ANY OF THE FOLLOWING:
28 (1) ESTABLISH CRITERIA OF ELIGIBILITY IN ACCORDANCE WITH
29 SUBSECTION (C) AND ADOPT REGULATIONS AND FORMS CONSISTENT
30 WITH THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO
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1 AS THE COMMONWEALTH DOCUMENTS LAW.
2 (2) FACILITATE COORDINATION OF FUNDS REQUIRED FOR THE
3 DISTRIBUTION SYSTEM WITH SELECTED CENTERS FOR INDEPENDENT
4 LIVING OR SELECTED NOT-FOR-PROFIT AGENCIES HAVING EXPERIENCE
5 IN SERVING PERSONS WITH HEARING OR SPEECH DISABILITIES.
6 (3) DETERMINE, IN COOPERATION WITH OTHER STATE AGENCIES,
7 THE FUNDS REQUIRED FOR THE DISTRIBUTION SYSTEM AND PROVIDE
8 INFORMATION TO THE COMMISSION AS REQUIRED UNDER SECTION 4.
9 * * *
10 Section 2. The act is amended by adding a section to read:
11 Section 3.1. Establishment of a Print Media Access System
12 Program.
13 (a) Establishment.--The Print Media Access System Program is
14 hereby established. It shall be a program whereby telephone
15 access to print media access systems for persons who are blind
16 or print disabled is provided to the distributee. IS PROVIDED TO <--
17 THE USER.
18 (b) Administration.--The executive director of the Office of
19 Vocational Rehabilitation of the department, in cooperation with
20 other State agencies which serve people with disabilities, shall
21 oversee implementation of the Print Media Access System Program.
22 To this end, the executive director may do any of the following:
23 (1) Establish criteria of eligibility and adopt
24 regulations and forms consistent with the act of July 31,
25 1968 (P.L.769, No.240), referred to as the Commonwealth
26 Documents Law.
27 (2) Facilitate the enrollment and training of Print
28 Media Access System Program distributee USER. <--
29 (3) Coordinate with newspapers to facilitate the
30 inclusion of additional newspapers and the maintenance of
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1 existing newspapers.
2 (4) Determine, in cooperation with other State agencies,
3 the funds required for the maintenance of the Print Media
4 Access System Program and provide information.
5 (5) Identify and seek grant funding for the use of the
6 Print Media Access System Program.
7 (6) Determine what fees, if any, should be charged for
8 the use of the Print Media Access System Program.
9 (7) ESTABLISH CRITERIA FOR SELECTION AND/OR CHANGE OF <--
10 THE PRINT MEDIA ACCESS SYSTEM PROGRAM SERVICE PROVIDER.
11 Section 3. Section 4 of the act is amended to read:
12 Section 4. Establishment of dual party relay service.
13 (a) Telecommunication relay services.--The commission shall
14 design and implement a telecommunication relay service program
15 for the Commonwealth that is consistent with and meets or
16 exceeds the requirements of the Americans with Disabilities Act
17 of 1990 (Public Law 101-336, 104 Stat. 327).
18 (b) Certification.--The commission is authorized to seek on
19 behalf of this Commonwealth certification of the
20 telecommunication relay service program from the Federal
21 Communications Commission.
22 (c) Additional use of surcharge.--The [program]
23 Telecommunication Device Distribution Program and the Print
24 Media Access System Program shall be funded by the
25 Telecommunication Relay Service Program surcharge, as calculated
26 by the commission on an annual basis under the methodology
27 established by the commission in order entered May 29, 1990, and
28 July 9, 1990, at Docket Number [M900239] M-00900239, and as
29 subsequently modified by the commission. The executive director
30 of the Office of Vocational Rehabilitation in the department
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1 shall provide the commission with an annual budget and
2 supporting information for the purchase of telecommunication
3 devices for the [program.] Telecommunication Device Distribution
4 Program. The executive director of the Bureau of Blind and
5 Visual Services in the department shall provide the commission
6 with an annual budget and supporting information for the Print
7 Media Access System Program. A portion of the surcharge shall be
8 used to fund the Print Media Access System Program. The
9 surcharge [shall not] may be used to fund administrative costs <--
10 of the [program.] TELECOMMUNICATION RELAY SERVICE PROGRAM, <--
11 Telecommunication Device Distribution Program or the Print Media
12 Access System Program.
13 (d) Limits on expenditures.--Expenditures for the [program]
14 Telecommunications Device Distribution Program shall not exceed
15 collections from the Telecommunication Relay Service Program
16 surcharge[.] allocated for the Telecommunication Device
17 Distribution Program. Expenditures for the Print Media Access
18 System Program shall not exceed collections from the
19 Telecommunication Relay Service Program surcharge allocated for
20 the Print Media Access System Program and any grant funding
21 received for the use of the Print Media Access System Program.
22 (e) Annual report.--The commission shall prepare and submit
23 an annual report to the General Assembly on the [program.]
24 Telecommunication Device Distribution Program and on the Print
25 Media Access System Program.
26 (1) The report shall include the fiscal status of the
27 [program] Telecommunication Device Distribution Program and
28 of the Print Media Access System Program, a statement of the
29 surcharge level established under subsection (c) and the
30 revenues produced by the surcharge for allocation to the
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1 Telecommunication Device Distribution Program and to the
2 Print Media Access System Program, an account of [program]
3 Telecommunication Device Distribution Program and the Print
4 Media Access System Program expenses and the fund balance.
5 (2) The executive director of the Office of Vocational
6 Rehabilitation in the department shall provide the commission
7 with information on the [program] Telecommunication Device
8 Distribution Program, including the purchase and distribution
9 of telecommunication devices, for inclusion in the annual
10 report to the General Assembly.
11 (2.1) The executive director of the Office of Vocational
12 Rehabilitation of the department shall provide the commission
13 with information on the Print Media Access System Program,
14 including the annual budget and administration of the Print
15 Media Access System Program, for inclusion in the annual
16 report to the General Assembly.
17 (3) If the commission determines any of the information
18 is proprietary, the information shall be filed under seal and
19 made available under the terms of an appropriate protective
20 agreement of the type used in cases before the commission.
21 Section 4. This act shall take effect in 60 days.
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