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This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 28, 2011 at 4:19 PM by rday. --> This document includes House Floor Amendments incorporated into the bill on Wed, Mar 9, 2011 at 5:20 PM by jeyring. -->
7 LONG TITLE
8 General Description:
9 This bill provides that the existing surcharge on residential and business lines, for the
10 provision of telecommunications devices to hearing and speech impaired persons, shall
11 apply to S. [
11a and business telephone service and each telephone number for mobile telephone service .S .
12 Highlighted Provisions:
13 This bill:
14 . provides that the existing surcharge on residential and business lines, for the
15 provision of telecommunications devices to hearing and speech impaired persons,
16 shall apply to S. [
16a residential and business telephone service and each telephone number for mobile telephone
16b service .S ;
17 . reduces the maximum surcharge from 25 cents to 20 cents; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 54-8b-10, as last amended by Laws of Utah 2008, Chapter 382
26 63J-1-602.3, as enacted by Laws of Utah 2010, Chapter 265
29 Section 1. Section 54-8b-10 is amended to read:
30 54-8b-10. Imposing a surcharge to provide hearing and speech impaired persons
31 with telecommunication devices -- Definitions -- Procedures for establishing program --
32 Surcharge -- Administration and disposition of surcharge money.
33 (1) As used in this section:
34 (a) "Certified deaf or severely hearing or speech impaired person" means any state
35 resident who:
36 (i) is so certified by:
37 (A) a licensed physician;
38 (B) an otolaryngologist;
39 (C) a speech language pathologist;
40 (D) an audiologist; or
41 (E) a qualified state agency; and
42 (ii) qualifies for assistance under any low income public assistance program
43 administered by a state agency.
44 (b) "Certified interpreter" means a person who is a certified interpreter under Title
45 53A, Chapter 26a, Interpreter Services for the Hearing Impaired Act.
46 (c) (i) "Telecommunication device" means any mechanical adaptation device that
47 enables a deaf or severely hearing or speech impaired person to use the telephone.
48 (ii) "Telecommunication device" includes:
49 (A) telecommunication devices for the deaf (TDD);
50 (B) telephone amplifiers;
51 (C) telephone signal devices;
52 (D) artificial larynxes; and
53 (E) adaptive equipment for TDD keyboard access.
54 (2) The commission shall hold hearings to establish a program whereby [
55 certified deaf or severely hearing or speech impaired customer of a [
56 telecommunications corporation that provides service through a local exchange or of a wireless
57 telecommunications provider may obtain a telecommunication device capable of serving the
58 customer at no charge to the customer beyond the rate for basic service.
60 using third party intervention to connect a certified deaf or severely hearing or speech impaired
61 person with a normal hearing person by way of telecommunication devices designed for that
63 (b) The commission may, by rule, establish the type of telecommunications device to
64 be provided to ensure functional equivalence.
65 (4) (a) The commission shall impose a surcharge on each [
67a residential and business access line of each customer of local-exchange telephone service in this
67b state, and each residential and business telephone number of each customer of mobile
67c telephone service in this state .S , H. not including a telephone number used exclusively
67d to transfer data to and from a mobile device, .H
68 which shall be collected by the telecommunications corporation providing public
69 telecommunications service to the customer, to cover the costs of:
70 (i) the program described in Subsection (2); and
71 (ii) payments made under Subsection (5).
72 (b) The commission shall establish by rule the amount to be charged under this section,
74 (i) the surcharge does not exceed [
75 residential and business [
75a telephone service, and for each residential and business telephone number for mobile
75b telephone service H. , not including a telephone number used exclusively to transfer data to
75c and from a mobile device .H .S ; and
76 (ii) if the surcharge is related to a mobile telecommunications service, the surcharge
77 may be imposed, billed, and collected only to the extent permitted by the Mobile
78 Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
79 (c) The [
80 customers and transfer the money collected to the commission under rules adopted by the
82 (d) The surcharge shall be separately identified on [
84 (5) (a) [
85 shall be deposited in the state treasury as dedicated credits to be administered as determined by
86 the [
87 (b) These dedicated credits may be used only:
88 (i) for the purchase, maintenance, repair, and distribution of telecommunication
91 (iii) to reimburse telephone corporations for the expenses incurred in collecting and
92 transferring to the commission the surcharge imposed by the commission;
93 (iv) for the general administration of the program;
94 (v) to train persons in the use of telecommunications devices; and
95 (vi) by the commission to contract, in compliance with Title 63G, Chapter 6, Utah
96 Procurement Code, with:
97 (A) an institution within the state system of higher education listed in Section
98 53B-1-102 for a program approved by the Board of Regents that trains persons to qualify as
99 certified interpreters; or
100 (B) the Division of Services to the Deaf and Hard of Hearing for a program that trains
101 persons to qualify as certified interpreters.
102 (c) (i) The commission shall make rules under Title 63G, Chapter 3, Utah
103 Administrative Rulemaking Act, for the administration of [
105 (ii) In the initial rulemaking to determine the administration of [
106 Subsection (5)(b)(vi), the commission shall give notice and hold a public hearing.
107 (d) [
109 (6) (a) The telephone surcharge need not be collected by a [
110 telecommunications corporation if the amount collected would be less than the actual
111 administrative costs of the collection.
112 (b) If Subsection (6)(a) applies, the [
113 corporation shall submit to the commission, in lieu of the revenue from the surcharge
114 collection, a breakdown of the anticipated costs and the expected revenue from the collection,
115 showing that the costs exceed the revenue.
116 (7) The commission shall solicit the advice, counsel, and physical assistance of
117 severely hearing or speech impaired persons and the organizations serving them in the design
118 and implementation of the program.
119 Section 2. Section 63J-1-602.3 is amended to read:
120 63J-1-602.3. List of nonlapsing funds and accounts -- Title 46 through Title 60.
122 provided in Section 51-9-411 .
123 (2) The Public Safety Honoring Heroes Restricted Account created in Section
124 53-1-118 .
125 (3) Funding for the Search and Rescue Financial Assistance Program, as provided in
126 Section 53-2-107 .
127 (4) Appropriations made to the Department of Public Safety from the Department of
128 Public Safety Restricted Account, as provided in Section 53-3-106 .
129 (5) Appropriations to the Motorcycle Rider Education Program, as provided in Section
130 53-3-905 .
131 (6) The DNA Specimen Restricted Account created in Section 53-10-407 .
132 (7) Appropriations to the State Board of Education, as provided in Section
133 53A-17a-105 .
134 (8) Certain funds appropriated from the Uniform School Fund to the State Board of
135 Education for new teacher bonus and performance-based compensation plans, as provided in
136 Section 53A-17a-148 .
137 (9) Certain funds appropriated from the Uniform School Fund to the State Board of
138 Education for implementation of proposals to improve mathematics achievement test scores, as
139 provided in Section 53A-17a-152 .
140 (10) The School Building Revolving Account created in Section 53A-21-401 .
141 (11) Money received by the State Office of Rehabilitation for the sale of certain
142 products or services, as provided in Section 53A-24-105 .
143 (12) The State Board of Regents, as provided in Section 53B-6-104 .
144 (13) Certain funds appropriated from the General Fund to the State Board of Regents
145 for teacher preparation programs, as provided in Section 53B-6-104 .
146 (14) A certain portion of money collected for administrative costs under the School
147 Institutional Trust Lands Management Act, as provided under Section 53C-3-202 .
148 (15) Certain surcharges on [
150 Section 54-8b-10 .
151 (16) Certain fines collected by the Division of Occupational and Professional Licensing
153 purposes, as provided in Section 58-17b-505 .
154 (17) The Nurse Education and Enforcement Account created in Section 58-31b-103 .
155 (18) The Certified Nurse Midwife Education and Enforcement Account created in
156 Section 58-44a-103 .
157 (19) Certain fines collected by the Division of Occupational and Professional Licensing
158 for use in education and enforcement of the Security Personnel Licensing Act, as provided in
159 Section 58-63-103 .
160 (20) The Professional Geologist Education and Enforcement Account created in
161 Section 58-76-103 .
162 (21) Certain money in the Water Resources Conservation and Development Fund, as
163 provided in Section 59-12-103 .
Legislative Review Note
as of 2-18-11 12:54 PM