PRINTER'S NO. 74
No. 79 Session of 2003
INTRODUCED BY MOWERY, LOGAN, RAFFERTY, TARTAGLIONE, COSTA,
KITCHEN, ROBBINS, SCHWARTZ, WAUGH, M. WHITE, EARLL AND
C. WILLIAMS, JANUARY 27, 2003
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, JANUARY 27, 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 of the act of July
11 6, 1995 (P.L.255, No.34), known as the Dual Party Relay Service
12 and Telecommunication Device Distribution Program Act, are
13 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
20 Relay Service and Telecommunication Device Distribution Program
1 Act] Universal Telecommunications and Print Media Access Act.
2 Section 2. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Center for independent living." A consumer-controlled,
7 community-based, cross-disability, nonresidential private,
8 nonprofit agency that is designed and operated within a local
9 community by people with disabilities and provides an array of
10 independent living services, as defined by the Rehabilitation
11 Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.).
12 "Commission." The Pennsylvania Public Utility Commission.
13 "Department." The Department of Labor and Industry of the
14 Commonwealth.
15 "Persons with a disability" or "people with disabilities." A
16 person certified as being deaf, deaf-blind, hard-of-hearing,
17 having a hearing loss or speech impaired by a licensed
18 physician, audiologist, speech pathologist or a qualified State
19 agency.
20 "Persons who are blind or print disabled." Any person who is
21 legally blind or any person who is eligible to receive services
22 from the National Library Service for the Blind and Physically
23 Handicapped.
24 "Print Media Access System Program." The Print Media Access
25 System Program established under section 3.1.
26 ["Program." The Telecommunication Device Distribution
27 Program established under this act.]
28 "Telecommunication device." Equipment necessary for a person
29 with a disability to engage in communication by wire or radio
30 with another person with a disability or with a hearing
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1 individual.
2 "Telecommunication Device Distribution Program." The
3 Telecommunication Device Distribution Program established under
4 section 3.
5 "Telecommunication relay service." Telephone transmission
6 services that provide the ability for a person with a disability
7 to engage in communication by wire or radio with a hearing
8 individual in a manner that is functionally equivalent to the
9 ability of a person who does not have a disability to
10 communicate using voice communication services by wire or radio.
11 The term includes services that enable two-way communication
12 between an individual who uses a telecommunication device or
13 other nonvoice terminal device and an individual who does not
14 use such a device.
15 Section 2. The act is amended by adding a section to read:
16 Section 3.1. Establishment of a Print Media Access System
17 Program.
18 (a) Establishment.--The Print Media Access System Program is
19 hereby established. It shall be a program whereby telephone
20 access to print media access systems for persons who are blind
21 or print disabled is provided to the distributee.
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 Print Media Access System Program.
26 To this end, the executive director may do any of the following:
27 (1) Establish criteria of eligibility and adopt
28 regulations and forms consistent with the act of July 31,
29 1968 (P.L.769, No.240), referred to as the Commonwealth
30 Documents Law.
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1 (2) Facilitate the enrollment and training of Print
2 Media Access System Program distributee.
3 (3) Coordinate with newspapers to facilitate the
4 inclusion of additional newspapers and the maintenance of
5 existing newspapers.
6 (4) Determine, in cooperation with other State agencies,
7 the funds required for the maintenance of the Print Media
8 Access System Program and provide information.
9 (5) Identify and seek grant funding for the use of the
10 Print Media Access System Program.
11 (6) Determine what fees, if any, should be charged for
12 the use of the Print Media Access System Program.
13 Section 3. 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]
25 Telecommunication Device Distribution Program and the Print
26 Media Access System Program shall be funded by the
27 Telecommunication Relay Service Program surcharge, as calculated
28 by the commission on an annual basis under the methodology
29 established by the commission in order entered May 29, 1990, and
30 July 9, 1990, at Docket Number [M900239] M-00900239, and as
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1 subsequently modified by the commission. The executive director
2 of the Office of Vocational Rehabilitation in the department
3 shall provide the commission with an annual budget and
4 supporting information for the purchase of telecommunication
5 devices for the [program.] Telecommunication Device Distribution
6 Program. The executive director of the Bureau of Blind and
7 Visual Services in the department shall provide the commission
8 with an annual budget and supporting information for the Print
9 Media Access System Program. A portion of the surcharge shall be
10 used to fund the Print Media Access System Program. The
11 surcharge [shall not] may be used to fund administrative costs
12 of the [program.] Telecommunication Device Distribution Program
13 or the Print Media Access System Program.
14 (d) Limits on expenditures.--Expenditures for the [program]
15 Telecommunications Device Distribution Program shall not exceed
16 collections from the Telecommunication Relay Service Program
17 surcharge[.] allocated for the Telecommunication Device
18 Distribution Program. Expenditures for the Print Media Access
19 System Program shall not exceed collections from the
20 Telecommunication Relay Service Program surcharge allocated for
21 the Print Media Access System Program and any grant funding
22 received for the use of the Print Media Access System Program.
23 (e) Annual report.--The commission shall prepare and submit
24 an annual report to the General Assembly on the [program.]
25 Telecommunication Device Distribution Program and on the Print
26 Media Access System Program.
27 (1) The report shall include the fiscal status of the
28 [program] Telecommunication Device Distribution Program and
29 of the Print Media Access System Program, a statement of the
30 surcharge level established under subsection (c) and the
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1 revenues produced by the surcharge for allocation to the
2 Telecommunication Device Distribution Program and to the
3 Print Media Access System Program, an account of [program]
4 Telecommunication Device Distribution Program and the Print
5 Media Access System Program expenses and the fund balance.
6 (2) The executive director of the Office of Vocational
7 Rehabilitation in the department shall provide the commission
8 with information on the [program] Telecommunication Device
9 Distribution Program, including the purchase and distribution
10 of telecommunication devices, for inclusion in the annual
11 report to the General Assembly.
12 (2.1) The executive director of the Office of Vocational
13 Rehabilitation of the department shall provide the commission
14 with information on the Print Media Access System Program,
15 including the annual budget and administration of the Print
16 Media Access System Program, for inclusion in the annual
17 report to the General Assembly.
18 (3) If the commission determines any of the information
19 is proprietary, the information shall be filed under seal and
20 made available under the terms of an appropriate protective
21 agreement of the type used in cases before the commission.
22 Section 4. This act shall take effect in 60 days.
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