S.B. 209 Telecommunications Amendments
Bill Sponsor: ![]() Sen. Bramble, Curtis S. | Floor Sponsor: ![]() Rep. Seelig, Jennifer M. |
- Drafting Attorney: Peter Asplund
- Fiscal Analyst: Patrick W. Lee
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 25 Mar 2011, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 10 May 2011
- Session Law Chapter: 329
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Enrolled
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S.B. 209
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[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 209 Enrolled
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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 [
57 certified deaf or severely hearing or speech impaired customer of a [
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 [
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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 [
79 (i) the surcharge does not exceed [
80 residential and business [
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 [
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 [
90 customer.
91 (5) (a) [
92 shall be deposited in the state treasury as dedicated credits to be administered as determined by
93 the [
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 [
111 (5)(b)(vi).
112 (ii) In the initial rulemaking to determine the administration of [
113 Subsection (5)(b)(vi), the commission shall give notice and hold a public hearing.
114 (d) [
115 nonlapsing.
116 (6) (a) The telephone surcharge need not be collected by a [
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 [
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 [
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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 .
[Bill Documents][Bills Directory]
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
2/4/2011 | Bill Numbered by Title Without any Substance | Legislative Research and General Counsel | |
2/5/2011 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
2/5/2011 | Bill Numbered by Title Without any Substance | Legislative Research and General Counsel | |
2/18/2011 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
2/18/2011 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
2/18/2011 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
2/22/2011 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
2/22/2011 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/22/2011 | Senate/ to standing committee | Senate Revenue and Taxation Committee | |
2/24/2011 | Senate Comm - Favorable Recommendation | Senate Revenue and Taxation Committee | 6 0 2 |
2/24/2011 | LFA/ fiscal note sent to sponsor | Senate Revenue and Taxation Committee | |
2/24/2011 | LFA/ fiscal note publicly available | Senate Revenue and Taxation Committee | |
2/24/2011 | Senate/ to Printing with fiscal note | Senate Revenue and Taxation Committee | |
2/24/2011 | Senate/ received bill from Legislative Printing | Senate Revenue and Taxation Committee | |
2/24/2011 | Senate/ committee report favorable | Senate Revenue and Taxation Committee | |
2/24/2011 | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
2/25/2011 | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
2/25/2011 | Senate/ circled | Senate 2nd Reading Calendar | |
2/28/2011 | Senate/ uncircled | Senate 2nd Reading Calendar | |
2/28/2011 | Senate/ floor amendment | Senate 2nd Reading Calendar | |
2/28/2011 | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 25 0 4 |
3/1/2011 | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
3/1/2011 | Senate/ passed 3rd reading | Clerk of the House | 29 0 0 |
3/1/2011 | Senate/ to House | Clerk of the House | |
3/1/2011 | House/ received from Senate | Waiting for Introduction in the House | |
3/1/2011 | House/ 1st reading (Introduced) | House Rules Committee | |
3/9/2011 | House/ lifted from Rules | House Rules Committee | |
3/9/2011 | House/ 2nd suspended | House 3rd Reading Calendar for Senate bills | |
3/9/2011 | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
3/9/2011 | House/ circled | House 3rd Reading Calendar for Senate bills | |
3/9/2011 | House/ uncircled | House 3rd Reading Calendar for Senate bills | |
3/9/2011 | House/ floor amendment | House 3rd Reading Calendar for Senate bills | |
3/9/2011 | House/ passed 3rd reading | Senate Secretary | 66 3 6 |
3/9/2011 | House/ to Senate | Senate Secretary | |
3/10/2011 | Senate/ received from House | Senate Secretary | |
3/10/2011 | Senate/ placed on Concurrence Calendar | Senate Concurrence Calendar | |
3/10/2011 | Senate/ concurs with House amendment | House Speaker | 27 0 2 |
3/10/2011 | Senate/ to House | House Speaker | |
3/10/2011 | House/ received from Senate | House Speaker | |
3/10/2011 | House/ signed by Speaker/ returned to Senate | Senate President | |
3/10/2011 | House/ to Senate | Senate President | |
3/10/2011 | Senate/ received from House | Senate President | |
3/10/2011 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/10/2011 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/15/2011 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/17/2011 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
3/17/2011 | Senate/ enrolled bill to Printing | Senate Secretary | |
3/17/2011 | Senate/ received enrolled bill from Printing | Senate Secretary | |
3/17/2011 | Senate/ to Governor | Executive Branch - Governor | |
3/25/2011 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- Senate Floor Audio, Day 32 (2/25/2011) [SB 209 - Bramble - 2nd reading, circled]
- Senate Floor Audio, Day 35 (2/28/2011) [SB 209 - Bramble - 2nd reading, uncircled, amended, passed]
- Senate Floor Audio, Day 36 (3/1/2011) [SB 209 - Bramble - 3rd reading, final passage]
- House Floor Audio, Day 44 (3/9/2011) [SB0209]
- House Floor Audio, Day 44 (3/9/2011) [SB0209]
- Senate Floor Audio, Day 45 (3/10/2011) [SB 209 - Bramble - concurrence, concur, final passage]