PRINTER'S NO. 1810
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1634
Session of
2021
INTRODUCED BY WHEATLEY, KINSEY, RABB, N. NELSON, LEE,
D. WILLIAMS, HOWARD, SCHLOSSBERG AND HOHENSTEIN,
JUNE 15, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 15, 2021
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in telephone and telegraph wires,
further providing for definitions and for State correctional
institutions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2901 of Title 66 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 2901. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Correctional institution." As defined in 61 Pa.C.S. § 102
(relating to definitions). The term shall also include an
institution that houses inmates and is administered by a private
entity.
* * *
"Governing authority." One of the following:
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(1) If the correctional institution is administered by
the Commonwealth, the Department of Corrections of the
Commonwealth.
(2) If the correctional institution is administered by a
county, the county jail oversight board of the county.
(3) If administered by a private entity, the private
entity.
* * *
Section 2. Section 2907 of Title 66 is amended to read:
§ 2907. [State correctional] Correctional institutions.
(a) Identification of calls.--Telecommunication service
providers which provide telecommunication services to [State]
any correctional [institutions] institution within this
Commonwealth shall identify to the called party any call made by
an inmate as originating from a correctional institution[.] and,
if the call is a collect call, the telecommunication service
provider shall inform the called party of the rate at which the
called party will be billed.
(a.1) Public notice.--
(1) Within 30 days of the establishment of an agreement
that will have an effect on the rate at which either party
will be billed, the governing authority of a correctional
institution shall publish the revised rates, including any
additional fee and the length of the contract, to the
publicly accessible Internet website associated with the
correctional institution.
(2) The rate at which a party may be billed for a call
originating in the correctional institution shall be posted
conspicuously and in close proximity to any area in which
inmates may make telephone calls.
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(b) Payment of calls.--
(1) The [Department of Corrections] governing authority
of a correctional institution may direct that calls made by
an inmate shall be collect calls.
(2) The [Department of Corrections] governing authority
of a correctional institution may provide guidelines for
alternative payment methods for telephone calls made by
inmates, provided that the alternative methods are consistent
with security needs, orderly operation of the prison and the
public interest.
(b.1) Contracts for service.--
(1) Notwithstanding any other provision of law, all
contracts between correctional institutions and
telecommunication service providers shall be subject to or
comply with the procurement provisions under 62 Pa.C.S. § 512
(relating to competitive sealed bidding) and the following:
(i) When evaluating proposals from telecommunication
service providers, the governing authority of the
correctional institution shall seek to obtain quality
service for the lowest cost to the billed party.
(ii) The correctional institution shall not accept
commissions or other revenue in excess of its reasonable
operating costs for establishing and administering the
telecommunications systems.
(2) Correctional institutions may not impose a surcharge
or other fees for telephone usage by inmates in excess of the
charges imposed by the telecommunication service provider.
(3) Telecommunication service providers may not impose a
surcharge or fee to the billed party in addition to the
charges described in the contract for service established
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with the correctional institution or its governing authority.
(4) A copy of the signed contract or an amendment to the
signed contract shall be filed with the commission no less
than 30 days prior to the effective date of the contract, as
prescribed under section 503 (relating to enforcement
proceedings by Chief Counsel).
(c) No cause of action created.--This section shall not be
construed to create any cause of action or any legal right in
any person or entity. In addition, this section is not intended
to create any right of an inmate to make a telephone call or to
compel a particular method of payment.
(d) Administration.--
(1) The governing authority of a correctional
institution may establish additional rules or procedures to
administer telecommunication service programs.
(2) Violations of this section may be reported to the
commission using the methods outlined in Chapter 7 (relating
to procedure on complaints). The commission may conduct
investigations and hearings as it deems necessary, and a
party found in violation of any part of this section shall be
subject to the penalties described in Chapter 33 (relating to
violations and penalties).
Section 3. This act shall take effect in 60 days.
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