Pennsylvania Act 2004-174 — DUAL PARTY RELAY SERVICE AND TELECOMMUNICATION DEVICE DISTRIBUTION PROGRAM ACT - EXPANDING SCOPE OF ACT, DEFINITIONS, ESTABLISHMENT OF PRINT MEDIA ACCESS SYSTEM PROGRAM AND ESTABLISHMENT OF DUAL PARTY RELAY SERVICE

Act text

DUAL PARTY RELAY SERVICE AND TELECOMMUNICATION DEVICE DISTRIBUTION
PROGRAM ACT - EXPANDING SCOPE OF ACT, DEFINITIONS, ESTABLISHMENT OF PRINT
    MEDIA ACCESS SYSTEM PROGRAM AND ESTABLISHMENT OF DUAL PARTY RELAY
                                 SERVICE
                 Act of Nov. 29, 2004, P.L. 1352, No. 174             Cl. 43
                             Session of 2004
                               No. 2004-174

     SB 79

                                  AN ACT

     Amending the act of July 6, 1995 (P.L.255, No.34), entitled "An
        act providing for dual party relay services and for
        telecommunication device distribution," expanding the scope
        of the act; further providing for definitions; providing for
        establishment of the Print Media Access System Program;
        further providing for establishment of dual party relay
        service; and making editorial changes.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The title and section 1 of the act of July 6,
     1995 (P.L.255, No.34), known as the Dual Party Relay Service and
     Telecommunication Device Distribution Program Act, are amended
     to read:
                                  AN ACT
     Providing for [dual party relay services and for
        telecommunication device distribution] Universal
        Telecommunications and Print Media Access.
      Section 1.  Short title.
        This act shall be known and may be cited as the [Dual Party
     Relay Service and Telecommunication Device Distribution Program
     Act] Universal Telecommunications and Print Media Access Act.
        Section 2.  Section 2 of the act, amended December 9, 2002
     (P.L.1438, No.182), is amended to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Center for independent living."  A consumer-controlled,
     community-based, cross-disability, nonresidential private,
     nonprofit agency that is designed and operated within a local
     community by people with disabilities and provides an array of
     independent living services, as defined by the Rehabilitation
     Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.).
        "Commission."  The Pennsylvania Public Utility Commission.
        "Department."  The Department of Labor and Industry of the
     Commonwealth.
        "Persons who are blind."  Any person who is legally blind or
     any person who is eligible to receive services from the National
     Library Service for the Blind and Physically Handicapped.
        "Persons with a disability" or "people with disabilities."  A
     person certified by a licensed physician, audiologist, speech
     pathologist or a qualified State agency:
            (1)  As being deaf, deaf-blind, hard of hearing, having a
        hearing loss or being speech impaired.
            (2)  As having a disability and who requires technology
        to independently access telecommunications services.
        ["Program."  The Telecommunication Device Distribution
     Program established under this act.]
        "Print Media Access System."  Any nationwide or Statewide
     telephone access service that provides access to national and
     local newspapers to persons who are blind.
        "Print Media Access System Program."  The Print Media Access
     System Program established under section 3.1.
        "Telecommunication device."  Equipment necessary for a person
     with a disability to engage in communication by wire or radio
     with another person with a disability or with a hearing
     individual.
        "Telecommunication Device Distribution Program."  The
     Telecommunication Device Distribution Program established under
     section 3.
        "Telecommunication relay service."  Telephone transmission
     services that provide the ability for a person with a disability
     to engage in communication by wire or radio with a hearing
     individual in a manner that is functionally equivalent to the
     ability of a person who does not have a disability to
     communicate using voice communication services by wire or radio.
     The term includes services that enable two-way communication
     between an individual who uses a telecommunication device or
     other nonvoice terminal device and an individual who does not
     use such a device.
        Section 3.  Section 3(b) of the act is amended to read:
      Section 3.  Establishment of Telecommunication Device
                    Distribution Program.
        * * *
        (b)  Administration.--The executive director of the Office of
     Vocational Rehabilitation of the department, in cooperation with
     other State agencies which serve people with disabilities, shall
     oversee implementation of the [program] Telecommunications
     Device Distribution Program. To this end, the executive director
     may do any of the following:
            (1)  Establish criteria of eligibility in accordance with
        subsection (c) and adopt regulations and forms consistent
        with the act of July 31, 1968 (P.L.769, No.240), referred to
        as the Commonwealth Documents Law.
            (2)  Facilitate coordination of funds required for the
        distribution system with selected centers for independent
        living or selected not-for-profit agencies having experience
        in serving persons with hearing or speech disabilities.
            (3)  Determine, in cooperation with other State agencies,
        the funds required for the distribution system and provide
        information to the commission as required under section 4.
        * * *
        Section 4.  The act is amended by adding a section to read:
      Section 3.1.  Establishment of a Print Media Access System
                    Program.
        (a)  Establishment.--The Print Media Access System Program is
     hereby established. It shall be a program whereby telephone
     access to print media access systems for persons who are blind
     is provided to the user.
        (b)  Administration.--The executive director of the Office of
     Vocational Rehabilitation of the department, in cooperation with
     other State agencies which serve people with disabilities, shall
     oversee implementation of the Print Media Access System Program.
     To this end, the executive director may do any of the following:
            (1)  Establish criteria of eligibility and adopt
        regulations and forms consistent with the act of July 31,
        1968 (P.L.769, No.240), referred to as the Commonwealth
        Documents Law.
            (2)  Facilitate the enrollment and training of Print
        Media Access System Program user.
            (3)  Coordinate with newspapers to facilitate the
        inclusion of additional newspapers and the maintenance of
        existing newspapers.
            (4)  Determine, in cooperation with other State agencies,
        the funds required for the maintenance of the Print Media
        Access System Program and provide information.
            (5)  Identify and seek grant funding for the use of the
        Print Media Access System Program.
            (6)  Determine what fees, if any, should be charged for
        the use of the Print Media Access System Program.
            (7)  Establish criteria for selection and/or change of
        the Print Media Access System Program service provider.
        Section 5.  Section 4 of the act is amended to read:
      Section 4.  Establishment of dual party relay service.
        (a)  Telecommunication relay services.--The commission shall
     design and implement a telecommunication relay service program
     for the Commonwealth that is consistent with and meets or
     exceeds the requirements of the Americans with Disabilities Act
     of 1990 (Public Law 101-336, 104 Stat. 327).
        (b)  Certification.--The commission is authorized to seek on
     behalf of this Commonwealth certification of the
     telecommunication relay service program from the Federal
     Communications Commission.
        (c)  Additional use of surcharge.--The [program shall]
     Telecommunication Device Distribution Program shall be funded
     and the Print Media Access System Program may be funded by the
     Telecommunication Relay Service Program surcharge, as calculated
     by the commission on an annual basis under the methodology
     established by the commission in order entered May 29, 1990, and
     July 9, 1990, at Docket Number [M900239] M-00900239, and as
     subsequently modified by the commission. The executive director
     of the Office of Vocational Rehabilitation in the department
     shall provide the commission with an annual budget and
     supporting information for the purchase of telecommunication
     devices for the [program.] Telecommunication Device Distribution
     Program. The executive director of the Office of Vocational
     Rehabilitation of the department shall provide the commission
     with an annual budget and supporting information for the Print
     Media Access System Program. A portion of the surcharge may be
     used to fund the Print Media Access System Program. The
     surcharge shall not be used to fund administrative costs of the
     [program.] Telecommunication Relay Service Program,
     Telecommunication Device Distribution Program or the Print Media
     Access System Program.
        (d)  Limits on expenditures.--Expenditures for the [program]
     Telecommunications Device Distribution Program shall not exceed
     collections from the Telecommunication Relay Service Program
     surcharge[.] allocated for the Telecommunication Device
     Distribution Program. Any expenditures authorized for the Print
     Media Access System Program shall not exceed collections from
     the Telecommunication Relay Service Program surcharge allocated
     for the Print Media Access System Program and any grant funding
     received for the use of the Print Media Access System Program.
        (e)  Annual report.--The commission shall prepare and submit
     an annual report to the General Assembly on the [program.]
     Telecommunication Device Distribution Program and on the Print
     Media Access System Program.
            (1)  The report shall include the fiscal status of the
        [program] Telecommunication Device Distribution Program and
        of the Print Media Access System Program, a statement of the
        surcharge level established under subsection (c) and the
        revenues produced by the surcharge for allocation to the
        Telecommunication Device Distribution Program and to the
        Print Media Access System Program, an account of [program]
        Telecommunication Device Distribution Program and the Print
        Media Access System Program expenses and the fund balance.
            (2)  The executive director of the Office of Vocational
        Rehabilitation in the department shall provide the commission
        with information on the [program] Telecommunication Device
        Distribution Program, including the purchase and distribution
        of telecommunication devices, for inclusion in the annual
        report to the General Assembly.
            (2.1)  The executive director of the  Office of
        Vocational Rehabilitation of the department shall provide the
        commission with information on the Print Media Access System
        Program, including the annual budget and administration of
        the Print Media Access System Program, for inclusion in the
        annual report to the General Assembly.
            (3)  If the commission determines any of the information
        is proprietary, the information shall be filed under seal and
        made available under the terms of an appropriate protective
        agreement of the type used in cases before the commission.
        Section 6.  This act shall take effect in 60 days.

     APPROVED--The 29th day of November, A. D. 2004.

     EDWARD G. RENDELL