CHAPTER 336
S.P. 595 - L.D. 1613
An Act To Promote the Use of Public Safety Telecommunications Equipment by the Deaf and Hard-of-hearing Community
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1419-A, sub-§2, as amended by PL 2003, c. 553, Pt. A, §3, is further amended to read:
2. Communications Equipment Fund. There is established the Communications Equipment Fund to be used by the Division of Deafness within the Bureau of Rehabilitation Services. The fund is nonlapsing. The fund receives money transferred by the Public Utilities Commission from the universal service fund pursuant to Title 35-A, section 7104. The Division of Deafness may accept gifts or grants, including, but not limited to, federal grants, for the purposes of this section. Funds transferred from the universal service fund pursuant to Title 35-A, section 7104 and all gifts and grants and authorized appropriations must be deposited in the Communications Equipment Fund and disbursed in accordance with this section. The Communications Equipment Fund may be used for purchase, lease, distribution, upgrading, installation, maintenance and repair of specialized customer communications equipment for deaf, hard-of-hearing or speech-impaired persons and persons with disabilities and for training in the use of such equipment, except that funds received for the purposes of subsection 6 pursuant to Title 35-A, section 7104 may be used only in accordance with subsection 6. The Division of Deafness may draw on the Communications Equipment Fund in accordance with the communications equipment plan required under subsection 3.
Sec. 2. 26 MRSA §1419-A, sub-§6 is enacted to read:
6. Emergency alert telecommunications service. A person who has been certified by the Division of Deafness as being deaf or hard-of-hearing and has an income of less than 135% of the federal poverty level must receive a discount of up to $10 per month in the service charge for any wireless communications device or 2-way pager that is used to receive emergency alerts issued by any state or federal agency. Such a person must receive a $10 discount except when the service charge for the wireless communications device or 2-way pager is less than $10 per month, in which case the person must receive a discount equal to the service charge for the wireless communications device or 2-way pager. A company required to provide the discount is entitled to recover amounts discounted from the Communications Equipment Fund established in subsection 2. The Bureau of Rehabilitation Services shall adopt rules to establish the process for certifying eligibility with the Division of Deafness and for the process to be used by wireless and paging companies in recovering discounted revenue from the Communications Equipment Fund. Administrative costs associated with implementing this subsection may be paid from funds provided to the Communications Equipment Fund for the purposes of this subsection pursuant to Title 35-A, section 7104. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3. 35-A MRSA §7104, sub-§5, as enacted by PL 2003, c. 553, Pt. A, §4, is amended to read:
5. Funds for Communications Equipment Fund. The commission shall annually transfer $85,000 from a state universal service fund established pursuant to this section to the Communications Equipment Fund established under Title 26, section 1419-A.
In addition to its authority under subsection 3, the commission may require contributions to the state universal service fund in an amount sufficient to collect the $85,000.
If the Department of Labor, Bureau of Rehabilitation Services does not receive from federal or other sources funds in addition to the $85,000 sufficient to carry out the purposes of Title 26, section 1419-A, the commission, at the request of the Department of Labor, Bureau of Rehabilitation Services, may transfer from the state universal service fund to the Communications Equipment Fund an additional amounts as long as: $37,500.
A. The total transfer in any year does not exceed $122,500; and
B. Any amount in any year in excess of $85,000 is drawn from funds otherwise available in the universal service fund. The commission is not authorized to require contributions to the state universal service fund for the purposes of this subsection in order to collect any amount in excess of $85,000 in any year.
The commission may, upon the request of the Department of Labor, Bureau of Rehabilitation Services and after a finding that the funds are necessary and that sufficient attempts have been made by the Bureau of Rehabilitation Services to maximize federal support to support emergency alert telecommunications service, transfer up to $60,000 in fiscal year 2005-06, up to $90,000 in fiscal year 2006-07 and up to $120,000 in any subsequent fiscal year from the state universal service fund established by this section to the Communications Equipment Fund established under Title 26, section 1419-A for the exclusive purpose of supporting the discount program established under Title 26, section 1419-A, subsection 6.
The commission may require contributions to the state universal service fund in an amount necessary to collect amounts transferred pursuant to this subsection.
Sec. 4. Recommendations. The Public Utilities Commission, in consultation with the Department of Labor, Bureau of Rehabilitation Services, shall make recommendations to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters prior to January 31, 2008 on whether the amount of funding authorized to be transferred pursuant to this subsection to the discount program established under Title 26, section 1419-A, subsection 6 is appropriate and sufficient and whether adjustments should be made to the authorized amount.
Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.
LABOR, DEPARTMENT OF
Communications Equipment Fund
Initiative: Allocates funds to provide discounts of up to $10 per month to deaf or hard-of-hearing persons with incomes of less than 135% of the federal poverty level for the service charge for any wireless communications device or 2-way pager that is used to receive emergency alerts issued by any state or federal agency.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
All Other $60,000 $90,000
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL $60,000 $90,000
Effective September 17, 2005.
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