Sec. A-1. 26 MRSA §1419, sub-§1, ¶¶B-1 and B-2 are enacted to read:
B-1. "Person with a disability" means a person who is unable to communicate by telephone be-
cause of a vision, mobility or other physical or mental impairment.
B-2. "Specialized customer telecommunications equipment" means telecommunications equipment used by persons with disabilities to conduct telephone communications. "Specialized customer telecommunications equipment" includes but is not limited to teletypewriters, artificial larynges, signaling devices, amplified handsets, large number dial overlays, direct telephone dialing, fax machines or other equipment used by persons with disabilities to provide access to telephone networks.
Sec. A-2. 26 MRSA §1419, sub-§1, ¶D, as enacted by PL 1995, c. 560, Pt. F, §13, is repealed.
Sec. A-3. 26 MRSA §1419, sub-§2, as enacted by PL 1995, c. 560, Pt. F, §13, is amended to read:
2. Specialized customer telecommunications equipment system. The department shall consult with appropriate agencies and organizations serving the deaf community deaf, hard-of-hearing or speech-impaired persons and persons with disabilities concerning the needs of the teletypewriter specialized customer telecommunications equipment system. To the extent that funds are available, the department shall take steps necessary to preserve and maintain a viable teletypewriter specialized customer telecommunications equipment system for use by the deaf population deaf, hard-of-hearing or speech-impaired persons and persons with disabilities in this State, including, but not limited to, providing for repair services and equipment for loaning to persons whose teletypewriter specialized customer telecommunications equipment is being repaired.
Sec. A-4. 26 MRSA §1419-A, as enacted by PL 1995, c. 560, Pt. F, §13, is amended to read:
§1419-A. Specialized customer telecommunications equipment for persons with disabilities
1. Money for specialized customer telecommunications equipment. The Bureau of Rehabilitation Services within the department, pursuant to appropriation of money to the bureau for special telecommunication specialized customer telecommunications equipment for deaf, hard-of-hearing and speech-impaired persons and persons with disabilities, shall, upon request, provide up to 50% of the cost of special telecommunication specialized customer telecommunications equipment to an organization or municipality that makes available the remaining funds for this equipment in a manner satisfactory to the Director of the Bureau of Rehabilitation Services.
2. Telecommunications Equipment Fund. There is established the Telecommunications Equipment Fund to be used by the Division of Deafness within the Bureau of Rehabilitation Services. The Division of Deafness may accept gifts or grants for the purposes of this section. These gifts and grants and authorized appropriations must be deposited in the Telecommunications Equipment Fund and disbursed in accordance with this section. The Telecommunications Equipment Fund may be used for purchase, lease, distribution, upgrading, installation, maintenance and repair of special specialized customer telecommunications equipment for deaf, hard-of-hearing or speech-impaired persons and persons with disabilities. The Division of Deafness may draw on the Telecommunications Equipment Fund in accordance with the telecommunications equipment plan required under subsection 3.
3. Telecommunications equipment plan. The Division of Deafness shall develop a plan to make special specialized customer telecommunications equipment available to deaf, hard-of-hearing or speech-impaired persons and persons with disabilities and to distribute money from the Telecommunications Equipment Fund. The plan must be developed by the Division of Deafness annually, not later than January 1st, in accordance with the rule-making procedures in Title 5, chapter 375. The plan must provide for the expenditure of money from the Telecommunications Equipment Fund for the benefit of deaf, hard-of-hearing or speech-impaired persons and persons with disabilities for the purchase, lease, distribution, upgrading, installation, maintenance and repair of special specialized customer telecommunications equipment capable of serving their needs. Persons who are profoundly deaf or speech impaired or who have a disability so that they are unable to use the telephone for expressive or receptive communications, as verified by a written report from an otologist, an audiologist or a physician, are eligible for assistance from the Telecommunications Equipment Fund. The plan must ensure that persons with disabilities have access to appropriate specialized customer telecommunications equipment to meet their individual needs. The plan must include specific criteria that govern the priorities assigned to various persons who need this equipment. The criteria must take into account household income, degree of impairment, need for emergency communications, living arrangements and other factors determined relevant by the Division of Deafness. In developing the criteria, the Division of Deafness shall consult with the advisory council established in section 1413-C and other advisory councils representing the interests of persons with disabilities.
4. Specialized customer telecommunications equipment needs in the public school system. The Department of Education, in consultation with the
Governor Baxter School for the Deaf and advocacy groups for deaf and hard-of-hearing persons and for the information technology interests of consumers, shall conduct an annual survey of all public schools in the State for the purpose of assessing the need for specialized customer telecommunications equipment in the school system and report its findings to the joint standing committee of the Legislature having jurisdiction over labor matters. The report must include: the number of deaf and hard-of-hearing students and their needs for specialized customer telecommunications equipment; the availability of specialized customer telecommunications equipment; the number of requests for specialized customer telecommunications equipment; and the status of training for teachers and other school personnel in the use of specialized customer telecommunications equipment.
Sec. A-5. Assessment for specialized customer telecommunications equipment. The activities authorized under the Maine Revised Statutes, Title 26, section 1419-A, subsection 2 must be funded through an annual assessment for specialized telecommunications equipment to be levied on each interexchange carrier, local exchange carrier, reseller and mobile telecommunications carrier that provides telecommunications service in the State. The assessment must be based on the amount of revenues that each carrier receives from the services that it provides to customers in this State. The level of the assessment must be established each year by the Public Utilities Commission. For fiscal year 1998-99, the assessment must be set at a level that will generate an additional $85,000 in order to provide additional funding for the purchase and distribution of specialized customer telecommunications equipment. These funds must be deposited into the Telecommunications Equipment Fund established by Title 26, section 1419-A, subsection 2. These funds may not lapse but must be carried forward for the purposes identified in Title 26, section 1419-A, subsection 2.
Sec. A-6. Allocation. The following funds are allocated from Other Special Revenue to carry out the purposes of this Act.
1998-99
LABOR, DEPARTMENT OF
Rehabilitation Services
All Other $85,000
Provides additional allocations for the Telecommunications Equipment Fund to allow the distribution of certain specialized customer telecommunications equipment.
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