S.B. 209 Enrolled

1

TELECOMMUNICATIONS AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: Jennifer M. Seelig
6
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 each access line for residential and business telephone service and each
12 telephone number for mobile telephone service.
13 Highlighted Provisions:
14 This bill:
15 . provides that the existing surcharge on residential and business lines, for the
16 provision of telecommunications devices to hearing and speech impaired persons,
17 shall apply to each access line for residential and business telephone service and
18 each telephone number for mobile telephone service;
19 . reduces the maximum surcharge from 25 cents to 20 cents; and
20 . makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 54-8b-10, as last amended by Laws of Utah 2008, Chapter 382
28 63J-1-602.3, as enacted by Laws of Utah 2010, Chapter 265
29

30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 54-8b-10 is amended to read:
32 54-8b-10. Imposing a surcharge to provide hearing and speech impaired persons
33 with telecommunication devices -- Definitions -- Procedures for establishing program --
34 Surcharge -- Administration and disposition of surcharge money.
35 (1) As used in this section:
36 (a) "Certified deaf or severely hearing or speech impaired person" means any state
37 resident who:
38 (i) is so certified by:
39 (A) a licensed physician;
40 (B) an otolaryngologist;
41 (C) a speech language pathologist;
42 (D) an audiologist; or
43 (E) a qualified state agency; and
44 (ii) qualifies for assistance under any low income public assistance program
45 administered by a state agency.
46 (b) "Certified interpreter" means a person who is a certified interpreter under Title
47 53A, Chapter 26a, Interpreter Services for the Hearing Impaired Act.
48 (c) (i) "Telecommunication device" means any mechanical adaptation device that
49 enables a deaf or severely hearing or speech impaired person to use the telephone.
50 (ii) "Telecommunication device" includes:
51 (A) telecommunication devices for the deaf (TDD);
52 (B) telephone amplifiers;
53 (C) telephone signal devices;
54 (D) artificial larynxes; and
55 (E) adaptive equipment for TDD keyboard access.
56 (2) The commission shall hold hearings to establish a program whereby [any] a
57 certified deaf or severely hearing or speech impaired customer of a [telephone corporation]

58 telecommunications corporation that provides service through a local exchange or of a wireless
59 telecommunications provider may obtain a telecommunication device capable of serving the
60 customer at no charge to the customer beyond the rate for basic service.
61 (3) (a) The program described in Subsection (2) shall provide a dual party relay system
62 using third party intervention to connect a certified deaf or severely hearing or speech impaired
63 person with a normal hearing person by way of telecommunication devices designed for that
64 purpose.
65 (b) The commission may, by rule, establish the type of telecommunications device to
66 be provided to ensure functional equivalence.
67 (4) (a) The commission shall impose a surcharge on each [residence and business
68 access line of each customer to the local exchange of any telephone corporation providing such
69 lines in this state] residential and business access line of each customer of local-exchange
70 telephone service in this state, and each residential and business telephone number of each
71 customer of mobile telephone service in this state, not including a telephone number used
72 exclusively to transfer data to and from a mobile device, which shall be collected by the
73 telecommunications corporation providing public telecommunications service to the customer,
74 to cover the costs of:
75 (i) the program described in Subsection (2); and
76 (ii) payments made under Subsection (5).
77 (b) The commission shall establish by rule the amount to be charged under this section,
78 [which may] provided that:
79 (i) the surcharge does not exceed [25] 20 cents per [residence] month for each
80 residential and business [access line.] access line for local-exchange telephone service, and for
81 each residential and business telephone number for mobile telephone service, not including a
82 telephone number used exclusively to transfer data to and from a mobile device; and
83 (ii) if the surcharge is related to a mobile telecommunications service, the surcharge
84 may be imposed, billed, and collected only to the extent permitted by the Mobile
85 Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.

86 (c) The [telephone] telecommunications corporation shall collect the surcharge from its
87 customers and transfer the money collected to the commission under rules adopted by the
88 commission.
89 (d) The surcharge shall be separately identified on [customer bills] each bill to a
90 customer.
91 (5) (a) [Any money] Money collected from the surcharge imposed under Subsection (4)
92 shall be deposited in the state treasury as dedicated credits to be administered as determined by
93 the [Public Service Commission] commission.
94 (b) These dedicated credits may be used only:
95 (i) for the purchase, maintenance, repair, and distribution of telecommunication
96 devices;
97 (ii) for the acquisition, operation, maintenance, and repair of a dual party relay system;
98 (iii) to reimburse telephone corporations for the expenses incurred in collecting and
99 transferring to the commission the surcharge imposed by the commission;
100 (iv) for the general administration of the program;
101 (v) to train persons in the use of telecommunications devices; and
102 (vi) by the commission to contract, in compliance with Title 63G, Chapter 6, Utah
103 Procurement Code, with:
104 (A) an institution within the state system of higher education listed in Section
105 53B-1-102 for a program approved by the Board of Regents that trains persons to qualify as
106 certified interpreters; or
107 (B) the Division of Services to the Deaf and Hard of Hearing for a program that trains
108 persons to qualify as certified interpreters.
109 (c) (i) The commission shall make rules under Title 63G, Chapter 3, Utah
110 Administrative Rulemaking Act, for the administration of [monies] money under Subsection
111 (5)(b)(vi).
112 (ii) In the initial rulemaking to determine the administration of [monies] money under
113 Subsection (5)(b)(vi), the commission shall give notice and hold a public hearing.

114 (d) [Monies] Money received by the commission under Subsection (4) [are] is
115 nonlapsing.
116 (6) (a) The telephone surcharge need not be collected by a [local exchange company]
117 telecommunications corporation if the amount collected would be less than the actual
118 administrative costs of the collection.
119 (b) If Subsection (6)(a) applies, the [local exchange company] telecommunications
120 corporation shall submit to the commission, in lieu of the revenue from the surcharge
121 collection, a breakdown of the anticipated costs and the expected revenue from the collection,
122 showing that the costs exceed the revenue.
123 (7) The commission shall solicit the advice, counsel, and physical assistance of
124 severely hearing or speech impaired persons and the organizations serving them in the design
125 and implementation of the program.
126 Section 2. Section 63J-1-602.3 is amended to read:
127 63J-1-602.3. List of nonlapsing funds and accounts -- Title 46 through Title 60.
128 (1) Certain funds associated with the Law Enforcement Operations Account, as
129 provided in Section 51-9-411 .
130 (2) The Public Safety Honoring Heroes Restricted Account created in Section
131 53-1-118 .
132 (3) Funding for the Search and Rescue Financial Assistance Program, as provided in
133 Section 53-2-107 .
134 (4) Appropriations made to the Department of Public Safety from the Department of
135 Public Safety Restricted Account, as provided in Section 53-3-106 .
136 (5) Appropriations to the Motorcycle Rider Education Program, as provided in Section
137 53-3-905 .
138 (6) The DNA Specimen Restricted Account created in Section 53-10-407 .
139 (7) Appropriations to the State Board of Education, as provided in Section
140 53A-17a-105 .
141 (8) Certain funds appropriated from the Uniform School Fund to the State Board of

142 Education for new teacher bonus and performance-based compensation plans, as provided in
143 Section 53A-17a-148 .
144 (9) Certain funds appropriated from the Uniform School Fund to the State Board of
145 Education for implementation of proposals to improve mathematics achievement test scores, as
146 provided in Section 53A-17a-152 .
147 (10) The School Building Revolving Account created in Section 53A-21-401 .
148 (11) Money received by the State Office of Rehabilitation for the sale of certain
149 products or services, as provided in Section 53A-24-105 .
150 (12) The State Board of Regents, as provided in Section 53B-6-104 .
151 (13) Certain funds appropriated from the General Fund to the State Board of Regents
152 for teacher preparation programs, as provided in Section 53B-6-104 .
153 (14) A certain portion of money collected for administrative costs under the School
154 Institutional Trust Lands Management Act, as provided under Section 53C-3-202 .
155 (15) Certain surcharges on [residence] residential and business [telecommunications
156 access lines] telephone numbers imposed by the Public Service Commission, as provided in
157 Section 54-8b-10 .
158 (16) Certain fines collected by the Division of Occupational and Professional Licensing
159 for violation of unlawful or unprofessional conduct that are used for education and enforcement
160 purposes, as provided in Section 58-17b-505 .
161 (17) The Nurse Education and Enforcement Account created in Section 58-31b-103 .
162 (18) The Certified Nurse Midwife Education and Enforcement Account created in
163 Section 58-44a-103 .
164 (19) Certain fines collected by the Division of Occupational and Professional Licensing
165 for use in education and enforcement of the Security Personnel Licensing Act, as provided in
166 Section 58-63-103 .
167 (20) The Professional Geologist Education and Enforcement Account created in
168 Section 58-76-103 .
169 (21) Certain money in the Water Resources Conservation and Development Fund, as

170 provided in Section 59-12-103 .