HOUSE AMENDED
PRIOR PRINTER'S NOS. 74, 781, 950, PRINTER'S NO. 1978
1944
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
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 18, 2004
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 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.
1 This act shall be known and may be cited as the [Dual Party
2 Relay Service and Telecommunication Device Distribution Program
3 Act] Universal Telecommunications and Print Media Access Act.
4 Section 2. Section 2 of the act, amended December 9, 2002
5 (P.L.1438, No.182), is amended to read:
6 Section 2. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Center for independent living." A consumer-controlled,
11 community-based, cross-disability, nonresidential private,
12 nonprofit agency that is designed and operated within a local
13 community by people with disabilities and provides an array of
14 independent living services, as defined by the Rehabilitation
15 Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.).
16 "Commission." The Pennsylvania Public Utility Commission.
17 "Department." The Department of Labor and Industry of the
18 Commonwealth.
19 "Persons who are blind." Any person who is legally blind or
20 any person who is eligible to receive services from the National
21 Library Service for the Blind and Physically Handicapped.
22 "Persons with a disability" or "people with disabilities." A
23 person certified by a licensed physician, audiologist, speech
24 pathologist or a qualified State agency:
25 (1) As being deaf, deaf-blind, hard of hearing, having a
26 hearing loss or being speech impaired.
27 (2) As having a disability and who requires technology
28 to independently access telecommunications services.
29 ["Program." The Telecommunication Device Distribution
30 Program established under this act.]
20030S0079B1978 - 2 -
1 "Print Media Access System." Any nationwide or Statewide
2 telephone access service that provides access to national and
3 local newspapers to persons who are blind.
4 "Print Media Access System Program." The Print Media Access
5 System Program established under section 3.1.
6 "Telecommunication device." Equipment necessary for a person
7 with a disability to engage in communication by wire or radio
8 with another person with a disability or with a hearing
9 individual.
10 "Telecommunication Device Distribution Program." The
11 Telecommunication Device Distribution Program established under
12 section 3.
13 "Telecommunication relay service." Telephone transmission
14 services that provide the ability for a person with a disability
15 to engage in communication by wire or radio with a hearing
16 individual in a manner that is functionally equivalent to the
17 ability of a person who does not have a disability to
18 communicate using voice communication services by wire or radio.
19 The term includes services that enable two-way communication
20 between an individual who uses a telecommunication device or
21 other nonvoice terminal device and an individual who does not
22 use such a device.
23 Section 3. Section 3(b) of the act is amended to read:
24 Section 3. Establishment of Telecommunication Device
25 Distribution Program.
26 * * *
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 [program] Telecommunications
20030S0079B1978 - 3 -
1 Device Distribution Program. To this end, the executive director
2 may do any of the following:
3 (1) Establish criteria of eligibility in accordance with
4 subsection (c) and adopt regulations and forms consistent
5 with the act of July 31, 1968 (P.L.769, No.240), referred to
6 as the Commonwealth Documents Law.
7 (2) Facilitate coordination of funds required for the
8 distribution system with selected centers for independent
9 living or selected not-for-profit agencies having experience
10 in serving persons with hearing or speech disabilities.
11 (3) Determine, in cooperation with other State agencies,
12 the funds required for the distribution system and provide
13 information to the commission as required under section 4.
14 * * *
15 Section 4. 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 is provided to the user.
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.
20030S0079B1978 - 4 -
1 (2) Facilitate the enrollment and training of Print
2 Media Access System Program user.
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 (7) Establish criteria for selection and/or change of
14 the Print Media Access System Program service provider.
15 Section 5. Section 4 of the act is amended to read:
16 Section 4. Establishment of dual party relay service.
17 (a) Telecommunication relay services.--The commission shall
18 design and implement a telecommunication relay service program
19 for the Commonwealth that is consistent with and meets or
20 exceeds the requirements of the Americans with Disabilities Act
21 of 1990 (Public Law 101-336, 104 Stat. 327).
22 (b) Certification.--The commission is authorized to seek on
23 behalf of this Commonwealth certification of the
24 telecommunication relay service program from the Federal
25 Communications Commission.
26 (c) Additional use of surcharge.--The [program] [PROGRAM <--
27 SHALL] Telecommunication Device Distribution Program SHALL BE <--
28 FUNDED and the Print Media Access System Program shall MAY be <--
29 funded by the Telecommunication Relay Service Program surcharge,
30 as calculated by the commission on an annual basis under the
20030S0079B1978 - 5 -
1 methodology established by the commission in order entered May
2 29, 1990, and July 9, 1990, at Docket Number [M900239] M-
3 00900239, and as subsequently modified by the commission. The
4 executive director of the Office of Vocational Rehabilitation in
5 the department shall provide the commission with an annual
6 budget and supporting information for the purchase of
7 telecommunication devices for the [program.] Telecommunication
8 Device Distribution Program. The executive director of the
9 Bureau of Blindness and Visual Services in OFFICE OF VOCATIONAL <--
10 REHABILITATION OF the department shall provide the commission
11 with an annual budget and supporting information for the Print
12 Media Access System Program. A portion of the surcharge shall <--
13 MAY be used to fund the Print Media Access System Program. The <--
14 surcharge shall not be used to fund administrative costs of the
15 [program.] Telecommunication Relay Service Program,
16 Telecommunication Device Distribution Program or the Print Media
17 Access System Program.
18 (d) Limits on expenditures.--Expenditures for the [program]
19 Telecommunications Device Distribution Program shall not exceed
20 collections from the Telecommunication Relay Service Program
21 surcharge[.] allocated for the Telecommunication Device
22 Distribution Program. Expenditures ANY EXPENDITURES AUTHORIZED <--
23 for the Print Media Access System Program shall not exceed
24 collections from the Telecommunication Relay Service Program
25 surcharge allocated for the Print Media Access System Program
26 and any grant funding received for the use of the Print Media
27 Access System Program.
28 (e) Annual report.--The commission shall prepare and submit
29 an annual report to the General Assembly on the [program.]
30 Telecommunication Device Distribution Program and on the Print
20030S0079B1978 - 6 -
1 Media Access System Program.
2 (1) The report shall include the fiscal status of the
3 [program] Telecommunication Device Distribution Program and
4 of the Print Media Access System Program, a statement of the
5 surcharge level established under subsection (c) and the
6 revenues produced by the surcharge for allocation to the
7 Telecommunication Device Distribution Program and to the
8 Print Media Access System Program, an account of [program]
9 Telecommunication Device Distribution Program and the Print
10 Media Access System Program expenses and the fund balance.
11 (2) The executive director of the Office of Vocational
12 Rehabilitation in the department shall provide the commission
13 with information on the [program] Telecommunication Device
14 Distribution Program, including the purchase and distribution
15 of telecommunication devices, for inclusion in the annual
16 report to the General Assembly.
17 (2.1) The executive director of the Bureau of Blindness <--
18 and Visual Services in OFFICE OF VOCATIONAL REHABILITATION OF <--
19 the department shall provide the commission with information
20 on the Print Media Access System Program, including the
21 annual budget and administration of the Print Media Access
22 System Program, for inclusion in the annual report to the
23 General Assembly.
24 (3) If the commission determines any of the information
25 is proprietary, the information shall be filed under seal and
26 made available under the terms of an appropriate protective
27 agreement of the type used in cases before the commission.
28 Section 6. This act shall take effect in 60 days.
F9L43RZ/20030S0079B1978 - 7 -