PRIOR PRINTER'S NOS. 74, 781 PRINTER'S NO. 950
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, PILEGGI
AND O'PAKE, JANUARY 27, 2003
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 9, 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, 2 and 3(b) SECTION 1 of <--
11 the act of July 6, 1995 (P.L.255, No.34), known as the Dual
12 Party Relay Service and Telecommunication Device Distribution
13 Program 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. SECTION 2 OF THE ACT, AMENDED DECEMBER 9, 2002 <--
4 (P.L.1438, NO.182), IS AMENDED 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 "Center for independent living." A consumer-controlled,
10 community-based, cross-disability, nonresidential private,
11 nonprofit agency that is designed and operated within a local
12 community by people with disabilities and provides an array of
13 independent living services, as defined by the Rehabilitation
14 Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.).
15 "Commission." The Pennsylvania Public Utility Commission.
16 "Department." The Department of Labor and Industry of the
17 Commonwealth.
18 "Persons with a disability" or "people with disabilities." A <--
19 person certified as being deaf, deaf-blind, hard-of-hearing,
20 having a hearing loss or speech impaired by a licensed
21 physician, audiologist, speech pathologist or a qualified State
22 agency.
23 "Persons who are blind or print disabled." Any person who is <--
24 legally blind or any person who is eligible to receive services
25 from the National Library Service for the Blind and Physically
26 Handicapped.
27 "PERSONS WITH A DISABILITY" OR "PEOPLE WITH DISABILITIES." A <--
28 PERSON CERTIFIED BY A LICENSED PHYSICIAN, AUDIOLOGIST, SPEECH
29 PATHOLOGIST OR A QUALIFIED STATE AGENCY:
30 (1) AS BEING DEAF, DEAF-BLIND, HARD OF HEARING, HAVING A
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1 HEARING LOSS OR BEING SPEECH IMPAIRED.
2 (2) AS HAVING A DISABILITY AND WHO REQUIRES TECHNOLOGY
3 TO INDEPENDENTLY ACCESS TELECOMMUNICATIONS SERVICES.
4 ["Program." The Telecommunication Device Distribution
5 Program established under this act.]
6 "Print Media Access System." Any nationwide or Statewide
7 telephone access service that provides access to national and
8 local newspapers to persons who are blind.
9 "Print Media Access System Program." The Print Media Access
10 System Program established under section 3.1.
11 "Telecommunication device." Equipment necessary for a person
12 with a disability to engage in communication by wire or radio
13 with another person with a disability or with a hearing
14 individual.
15 "Telecommunication Device Distribution Program." The
16 Telecommunication Device Distribution Program established under
17 section 3.
18 "Telecommunication relay service." Telephone transmission
19 services that provide the ability for a person with a disability
20 to engage in communication by wire or radio with a hearing
21 individual in a manner that is functionally equivalent to the
22 ability of a person who does not have a disability to
23 communicate using voice communication services by wire or radio.
24 The term includes services that enable two-way communication
25 between an individual who uses a telecommunication device or
26 other nonvoice terminal device and an individual who does not
27 use such a device.
28 SECTION 3. SECTION 3(B) OF THE ACT IS AMENDED TO READ: <--
29 Section 3. Establishment of Telecommunication Device
30 Distribution Program.
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1 * * *
2 (b) Administration.--The executive director of the Office of
3 Vocational Rehabilitation of the department, in cooperation with
4 other State agencies which serve people with disabilities, shall
5 oversee implementation of the [program] Telecommunications
6 Device Distribution Program. To this end, the executive director
7 may do any of the following:
8 (1) Establish criteria of eligibility in accordance with
9 subsection (c) and adopt regulations and forms consistent
10 with the act of July 31, 1968 (P.L.769, No.240), referred to
11 as the Commonwealth Documents Law.
12 (2) Facilitate coordination of funds required for the
13 distribution system with selected centers for independent
14 living or selected not-for-profit agencies having experience
15 in serving persons with hearing or speech disabilities.
16 (3) Determine, in cooperation with other State agencies,
17 the funds required for the distribution system and provide
18 information to the commission as required under section 4.
19 * * *
20 Section 2 4. The act is amended by adding a section to read: <--
21 Section 3.1. Establishment of a Print Media Access System
22 Program.
23 (a) Establishment.--The Print Media Access System Program is
24 hereby established. It shall be a program whereby telephone
25 access to print media access systems for persons who are blind
26 is provided to the user.
27 (b) Administration.--The executive director of the Office of
28 Vocational Rehabilitation of the department, in cooperation with
29 other State agencies which serve people with disabilities, shall
30 oversee implementation of the Print Media Access System Program.
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1 To this end, the executive director may do any of the following:
2 (1) Establish criteria of eligibility and adopt
3 regulations and forms consistent with the act of July 31,
4 1968 (P.L.769, No.240), referred to as the Commonwealth
5 Documents Law.
6 (2) Facilitate the enrollment and training of Print
7 Media Access System Program user.
8 (3) Coordinate with newspapers to facilitate the
9 inclusion of additional newspapers and the maintenance of
10 existing newspapers.
11 (4) Determine, in cooperation with other State agencies,
12 the funds required for the maintenance of the Print Media
13 Access System Program and provide information.
14 (5) Identify and seek grant funding for the use of the
15 Print Media Access System Program.
16 (6) Determine what fees, if any, should be charged for
17 the use of the Print Media Access System Program.
18 (7) Establish criteria for selection and/or change of
19 the Print Media Access System Program service provider.
20 Section 3 5. Section 4 of the act is amended to read: <--
21 Section 4. Establishment of dual party relay service.
22 (a) Telecommunication relay services.--The commission shall
23 design and implement a telecommunication relay service program
24 for the Commonwealth that is consistent with and meets or
25 exceeds the requirements of the Americans with Disabilities Act
26 of 1990 (Public Law 101-336, 104 Stat. 327).
27 (b) Certification.--The commission is authorized to seek on
28 behalf of this Commonwealth certification of the
29 telecommunication relay service program from the Federal
30 Communications Commission.
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1 (c) Additional use of surcharge.--The [program]
2 Telecommunication Device Distribution Program and the Print
3 Media Access System Program shall be funded by the
4 Telecommunication Relay Service Program surcharge, as calculated
5 by the commission on an annual basis under the methodology
6 established by the commission in order entered May 29, 1990, and
7 July 9, 1990, at Docket Number [M900239] M-00900239, and as
8 subsequently modified by the commission. The executive director
9 of the Office of Vocational Rehabilitation in the department
10 shall provide the commission with an annual budget and
11 supporting information for the purchase of telecommunication
12 devices for the [program.] Telecommunication Device Distribution
13 Program. The executive director of the Bureau of Blind BLINDNESS <--
14 and Visual Services in the department shall provide the
15 commission with an annual budget and supporting information for
16 the Print Media Access System Program. A portion of the
17 surcharge shall be used to fund the Print Media Access System
18 Program. The surcharge shall not be used to fund administrative
19 costs of the [program.] Telecommunication Relay Service Program,
20 Telecommunication Device Distribution Program or the Print Media
21 Access System Program.
22 (d) Limits on expenditures.--Expenditures for the [program]
23 Telecommunications Device Distribution Program shall not exceed
24 collections from the Telecommunication Relay Service Program
25 surcharge[.] allocated for the Telecommunication Device
26 Distribution Program. Expenditures for the Print Media Access
27 System Program shall not exceed collections from the
28 Telecommunication Relay Service Program surcharge allocated for
29 the Print Media Access System Program and any grant funding
30 received for the use of the Print Media Access System Program.
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1 (e) Annual report.--The commission shall prepare and submit
2 an annual report to the General Assembly on the [program.]
3 Telecommunication Device Distribution Program and on the Print
4 Media Access System Program.
5 (1) The report shall include the fiscal status of the
6 [program] Telecommunication Device Distribution Program and
7 of the Print Media Access System Program, a statement of the
8 surcharge level established under subsection (c) and the
9 revenues produced by the surcharge for allocation to the
10 Telecommunication Device Distribution Program and to the
11 Print Media Access System Program, an account of [program]
12 Telecommunication Device Distribution Program and the Print
13 Media Access System Program expenses and the fund balance.
14 (2) The executive director of the Office of Vocational
15 Rehabilitation in the department shall provide the commission
16 with information on the [program] Telecommunication Device
17 Distribution Program, including the purchase and distribution
18 of telecommunication devices, for inclusion in the annual
19 report to the General Assembly.
20 (2.1) The executive director of the Office of Vocational <--
21 Rehabilitation of BUREAU OF BLINDNESS AND VISUAL SERVICES IN <--
22 the department shall provide the commission with information
23 on the Print Media Access System Program, including the
24 annual budget and administration of the Print Media Access
25 System Program, for inclusion in the annual report to the
26 General Assembly.
27 (3) If the commission determines any of the information
28 is proprietary, the information shall be filed under seal and
29 made available under the terms of an appropriate protective
30 agreement of the type used in cases before the commission.
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1 Section 4 6. This act shall take effect in 60 days. <--
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