PRINTER'S NO. 1656
No. 1479 Session of 1993
INTRODUCED BY PHILLIPS, D. R. WRIGHT, DURHAM, JAROLIN, FAIRCHILD, CESSAR, LYNCH, MILLER, GEIST, D. W. SNYDER, BAKER, ALLEN, SEMMEL, FAJT, STERN, CLARK AND CLYMER, MAY 3, 1993
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 3, 1993
AN ACT 1 Providing for dual party relay services and for 2 telecommunication device distribution. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Dual Party 7 Relay Service and Telecommunication Device Distribution Program 8 Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Center for independent living." A consumer-controlled, 14 community-based, cross-disability, nonresidential private, 15 nonprofit agency that is designed and operated within a local 16 community by people with disabilities and provides an array of 17 independent living services, as defined by the Rehabilitation
1 Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.). 2 "Commission." The Pennsylvania Public Utility Commission. 3 "Department." The Department of Labor and Industry of the 4 Commonwealth. 5 "Persons with a disability" or "people with disabilities." A 6 person certified as being deaf, deaf-blind, hard-of-hearing, 7 having a hearing loss or speech impaired by a licensed 8 physician, audiologist, speech pathologist or a qualified State 9 agency. 10 "Program." The Telecommunication Device Distribution Program 11 established under this act. 12 "Telecommunication device." Equipment necessary for a person 13 with a disability to engage in communication by wire or radio 14 with another person with a disability or with a hearing 15 individual. 16 "Telecommunication relay service." Telephone transmission 17 services that provide the ability for a person with a disability 18 to engage in communication by wire or radio with a hearing 19 individual in a manner that is functionally equivalent to the 20 ability of a person who does not have a disability to 21 communicate using voice communication services by wire or radio. 22 The term includes services that enable two-way communication 23 between an individual who uses a telecommunication device or 24 other nonvoice terminal device and an individual who does not 25 use such a device. 26 Section 3. Establishment of Telecommunication Device 27 Distribution Program. 28 (a) Establishment.--The Telecommunication Device 29 Distribution Program is hereby established. It shall be a 30 program whereby telecommunication devices for people with 19930H1479B1656 - 2 -
1 disabilities are distributed at no charge to the distributee. 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. To this end, the 6 executive director may do any of the following: 7 (1) Establish criteria of eligibility in accordance with 8 subsection (c) and adopt regulations and forms consistent 9 with the act of July 31, 1968 (P.L.769, No.240), referred to 10 as the Commonwealth Documents Law. 11 (2) Facilitate coordination of funds required for the 12 distribution system with selected centers for independent 13 living. 14 (3) Determine, in cooperation with other State agencies, 15 the funds required for the distribution system and provide 16 information to the commission as required under section 4. 17 (c) To qualify as distributee.--Each recipient of a 18 telecommunication device shall meet the following criteria: 19 (1) Be a resident of this Commonwealth. 20 (2) Qualify as a person with a disability. 21 (3) Have telephone service, possess the ability to learn 22 how to use a telecommunication device. 23 (4) Be six years of age or older. 24 (5) Have a gross income of less than 200% of the Federal 25 poverty level as determined in accordance with the Link Up 26 America guidelines. 27 Section 4. Establishment of dual party relay service. 28 (a) Telecommunication relay services.--The commission shall 29 design and implement a telecommunication relay service program 30 for the Commonwealth that is consistent with and meets or 19930H1479B1656 - 3 -
1 exceeds the requirements of the Americans with Disabilities Act 2 of 1990 (Public Law 101-336, 104 Stat. 327). 3 (b) Certification.--The commission is authorized to seek on 4 behalf of this Commonwealth certification of the 5 telecommunication relay service program from the Federal 6 Communications Commission. 7 (c) Additional use of surcharge.--The program shall be 8 funded by the Telecommunication Relay Service Program surcharge, 9 as calculated by the commission on an annual basis under the 10 methodology established by the commission in order entered May 11 29, 1990, and July 9, 1990, at Docket Number M900239. The 12 executive director of the Office of Vocational Rehabilitation in 13 the department shall provide the commission with an annual 14 budget and supporting information for the purchase of 15 telecommunication devices for the program. The surcharge shall 16 not be used to fund administrative costs of the program. 17 (d) Annual report.--The commission shall prepare and submit 18 an annual report to the General Assembly on the program. 19 (1) The report shall include the fiscal status of the 20 program, a statement of the surcharge level established under 21 subsection (c) and the revenues produced by the surcharge, an 22 account of program expenses and the fund balance. 23 (2) The executive director of the Office of Vocational 24 Rehabilitation in the department shall provide the commission 25 with information on the program, including the purchase and 26 distribution of telecommunication devices, for inclusion in 27 the annual report to the General Assembly. 28 (3) If the commission determines any of the information 29 is proprietary, the information shall be filed under seal and 30 made available under the terms of an appropriate protective 19930H1479B1656 - 4 -
1 agreement of the type used in cases before the commission. 2 Section 5. Effective date. 3 This act shall take effect immediately. C31L43JAM/19930H1479B1656 - 5 -