SENATE BILL 1458 P.N. 2056 PRINTER'S NO. 2056 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. 1458 Session of 2002 INTRODUCED BY MOWERY, COSTA, KITCHEN, LEMMOND, TARTAGLIONE, WAUGH, MUSTO, BOSCOLA, A. WILLIAMS, ROBBINS AND SCHWARTZ, JUNE 10, 2002 REFERRED TO COMMUNICATIONS AND HIGH TECHNOLOGY, JUNE 10, 2002 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; defining "Print Media Access System" and "persons 5 who are blind or print disabled"; providing for establishment 6 of the Print Media Access System Program; and further 7 providing for establishment of dual party relay service. 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. 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. Section 2 of the act is amended by adding 3 definitions to read: 4 Section 2. Definitions. 5 The following words and phrases when used in this act shall 6 have the meanings given to them in this section unless the 7 context clearly indicates otherwise: 8 * * * 9 "Persons who are blind or print disabled." Any person who is 10 legally blind and/or unable to read standard print, or any 11 person who is eligible to receive services from the National 12 Library Service for the Blind and Physically Handicapped. 13 * * * 14 "Print Media Access System." Any nationwide or statewide 15 telephone access service that provides access of national and 16 local newspapers to the blind or print disabled. 17 * * * 18 Section 3. The act is amended by adding a section to read: 19 Section 3.1. Establishment of a Print Media Access System 20 Program. 21 (a) Establishment.--The Print Media Access System Program is 22 hereby established. It shall be a program whereby print media 23 access systems for persons who are blind or print disabled are 24 distributed at no charge to the distributee. 25 (b) Administration.--The executive director of the Bureau of 26 Blind and Visual Services of the department, in cooperation with 27 other State agencies which serve people with disabilities, shall 28 oversee implementation of the program. To this end, the 29 executive director may do any of the following: 30 (1) Establish criteria of eligibility in accordance with 20020S1458B2056 - 2 - 1 subsection (c) and adopt regulations and forms consistent 2 with the act of July 31, 1968 (P.L.769, No.240), referred to 3 as the Commonwealth Documents Law. 4 (2) Facilitate the enrollment and training of print 5 media access system distributee. 6 (3) Coordinate with newspapers to facilitate the 7 inclusion of additional newspapers and the maintenance of 8 existing newspapers. 9 (4) Determine, in cooperation with other State agencies, 10 the funds required for the maintenance of the system and 11 provide information. 12 Section 4. Section 4 of the act is amended to read: 13 Section 4. Establishment of dual party relay service. 14 (a) Telecommunication relay services.--The commission shall 15 design and implement a telecommunication relay service program 16 for the Commonwealth that is consistent with and meets or 17 exceeds the requirements of the Americans with Disabilities Act 18 of 1990 (Public Law 101-336, 104 Stat. 327). 19 (b) Certification.--The commission is authorized to seek on 20 behalf of this Commonwealth certification of the 21 telecommunication relay service program from the Federal 22 Communications Commission. 23 (c) Additional use of surcharge.--The program shall be 24 funded by the Telecommunication Relay Service Program surcharge, 25 as calculated by the commission on an annual basis under the 26 methodology established by the commission in order entered May 27 29, 1990, and July 9, 1990, at Docket Number M900239. The 28 executive director of the Office of Vocational Rehabilitation in 29 the department shall provide the commission with an annual 30 budget and supporting information for the purchase of 20020S1458B2056 - 3 - 1 telecommunication devices for the program. A portion of the 2 surcharge shall be used to fund the Print Media Access System 3 Program. The surcharge shall not be used to fund administrative 4 costs of the program. 5 (d) Limits on expenditures.--Expenditures for the program 6 shall not exceed collections from the Telecommunication Relay 7 Service Program surcharge. 8 (e) Annual report.--The commission shall prepare and submit 9 an annual report to the General Assembly on the program. 10 (1) The report shall include the fiscal status of the 11 program, a statement of the surcharge level established under 12 subsection (c) and the revenues produced by the surcharge, an 13 account of 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, including the purchase and 17 distribution of telecommunication devices, for inclusion in 18 the annual report to the General Assembly. 19 (2.1) The executive director of the Bureau of Blind and 20 Visual Services of the department shall provide the 21 commission with information on the Print Media Access System 22 Program, including the annual budget and administration of 23 the program, for inclusion in the annual report to the 24 General Assembly. 25 (3) If the commission determines any of the information 26 is proprietary, the information shall be filed under seal and 27 made available under the terms of an appropriate protective 28 agreement of the type used in cases before the commission. 29 Section 5. This act shall take effect in 60 days. E7L43JS/20020S1458B2056 - 4 -