act-2004-0-174•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
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-2004-0-1742004 Pa. Act 174Law
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
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