An Act To Implement the Recommendations of the Study Group To Examine an Emergency Alert Notification System for Deaf and Hard-of-hearing Individuals
Maine Legislature, Session 121, LD 1819
Committee: Utilities and Energy
Amends: 26 MRSA §1419, 26 MRSA §1419-A, 36 MRSA §5122, 36 MRSA §5200, 36 MRSA §5200-A, 35-A MRSA §7101

Legislative Document 
No. 1819 
S.P.667 
In Senate, December 23,2003 
An Act To Implement the Recommendations of the Study Group To 
Examine an Emergency Alert Notification System for Deaf and 
Hard-of-hearing Individuals 
Submitted by Senator TREAT of Kennebec for the Study Group to Examine an Emergency 
Alert Notification System for Deaf and Hard-of-hearing Individuals pursuant to Resolve 2003, 
chapter 78. 
Received by the Secretary of the Senate on December 22,2003. Referred to the Committee 
on Utilities and Energy pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
218. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 26 MRSA §1419, sub-§I, 'B-2, as amended by PL 2001, 
c. 377, §1, is further amended to read: 
B-2. 
"Specialized 
customer 
t:e;j,eeeRlRlQBieat:ieB6 
communications 
equipment" 
means 
t:eleeeRlRlQBieatieB6 
communications equipment used by persons with disabilities 
to 
conduct 
telephone 
communications 
or 
equipment 
that 
provides 
or 
assists 
in 
providing 
emergency 
alert 
notification to deaf persons or hard-of-hearing persons. 
"Specialized 
customer 
t:eleeeRIRIQBieat:ieB6 
communications 
equipment" includes but is not limited to teletypewriters, 
artificial larynges, signaling devices, amplified handsets, 
large number dial overlays, direct telephone dialing, fax 
machines, equipment necessary to use short message services 
or text message services 
e~ and other equipment used by 
persons with disabilities to provide access to telephone 
networks 
and 
equipment 
that 
provides 
or 
facilitates 
emergency 
alert 
notification 
to 
deaf 
persons 
or 
hard-of-hearing persons. 
Sec. A-2. 26 MRSA §1419, sub-§2, as amended by PL 1997, c. 
751, Pt. A, §3, is further amended to read: 
2. 
Specialized customer 
communications equipment system. 
The 
department 
shall 
consult 
with 
appropriate 
agencies 
and 
organizations serving deaf, 
hard-of-hearing or speech-impaired 
persons and persons with disabilities concerning the needs of the 
specialized customer t:e;j,eeeRIRIQBieat:ieB6 communications equipment 
system. 
To the extent that funds are available, the department 
shall take steps necessary to preserve and maintain a viable 
specialized customer teleeeRlRlQBieatieB6 communications equipment 
system 
for 
use 
by 
deaf, 
hard-of-hearing 
or 
speech-impaired 
persons and persons with disabilities in this State, including, 
38. 
but not limited to, providing for repair services and equipment 
for 
loaning 
to 
persons 
whose 
specialized 
customer 
teleeeRIRIQBieat:ieB6 communications 
equipment is being repaired. 
The department may also use available funds to provide training 
in the use of specialized customer communications equipment. 
Sec. A-3. 26 MRSA §1419-A, as amended by PL 1999, c. 227, 
§§1 and 2, is further amended to read: 
§1419-A. 
Specialized customer communications equipment for 
persons with disabilities 
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e~~aBisa~ieB-~--mQaieipali~y-~~-~~-a¥a4~aBJe-~~-~emaiBiB~ 
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e~-~he-8H~eaH-e~-RehaBili~a~ieB-~e~vieesT 
2. 
Communications Equipment Fund. 
There is established the 
l'eleeemmHBiea~iaBs Communications Equipment Fund to be used by 
the Division of Deafness within the Bureau of Rehabilitation 
Services. 
The fund is nonlapsing. 
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 
l'eleeammHBiea~ieBs 
Communications 
Equipment 
Fund 
and 
disbursed 
in 
accordance 
with 
this 
section. 
The 
l'eleeammHBiea~ieBs Communications Equipment Fund may be used for 
purchase, 
lease, 
distribution, 
upgrading, 
installation, 
maintenance and repair of specialized customer ~eleeemmHBieasieBs 
communications 
equipment 
for 
deaf, 
hard-of-hearing 
or 
speech-impaired persons and persons with disabilities and for 
training in the use of such equipment. 
The Division of Deafness 
may draw on the l'eleeemmHBieasieBs Communications Equipment Fund 
in 
accordance 
with 
the 
seleeemmHBieasieBs 
communications 
equipment plan required under subsection 3. 
3. 
Communications equipment plan. 
The Division of Deafness 
shall 
develop 
a 
plan 
to 
make 
specialized 
customer 
seleeemmHBieasieBs 
communications equipment available to deaf, 
hard-of-hearing 
or 
speech-impaired 
persons 
and 
persons 
with 
disabilities and to distribute money from the l'eleeemmHBieat:iaRs 
Communications 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 
l'eleeammHBieasieRs Communications 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 specialized 
customer seleeammHBieasieRs communications equipment capable of 
serving their needs and may provide for expenditures for training 
in the use of such equipment. 
Persons who are profoundly deaf or 
speeea-impai~eQ 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 l'eleeemmHRieat:ieBs Communications Equipment 
Fund. 
The plan must ensure that persons with disabilities have 
access 
to 
appropriate 
specialized customer 
seleeemmHRieasieRs 
communications 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 cOllllllunications 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 
te±eeeffiffi~aieatiea6 
communications 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 
te±eeeffiffi~aieatiea6 
communications 
equipment; 
the 
availability 
of 
specialized 
customer 
te±eeeffiffi~aieatieas 
communications 
equipment; 
the 
number 
of 
requests 
for 
specialized 
customer 
te±eeeffiffi~aieatiea6 
communications equipment; and the status of training for teachers 
and other school personnel in the use of specialized customer 
te±eeeffiffi~aieatiea6 communications equipment. 
5. Assessment on telecommunications carriers. 
The Bureau of 
Rehabilitation Services, 
beginning 
in fiscal 
year 
1999-2000, 
shall assess annually telecommunications carriers in accordance 
with this subsection and deposit the funds collected in the 
*eleeeffiffi~aiea~iea6 Communications 
Equipment 
Fund. 
The 
bureau 
shall assess telecommunications carriers in accordance with a 
schedule 
established 
by 
the 
Public 
Utilities 
Commission 
in 
accordance with this subsection. 
A. 
The Public Utilities Commission shall determine which 
carriers are to be assessed under this subsection based on 
an evaluation of the extent of business activity undertaken 
by carriers in the State and the practicalities of making 
the 
assessment. 
The 
Public 
Utilities 
Commission 
shall 
include as many carriers as reasonably practicable in order 
to ensure a fair and broad allocation of the assessment. 
B. 
The 
Public Utilities 
Commission 
shall establish 
an 
assessment schedule that is proportional to the gross annual 
revenues of the carriers identified for assessment and that 
will generate an annual aggregate of $89TQQQ $122,500. 
C. 
A telecommunications carrier doing business in this 
State, including a provider of interstate services and a 
provider of wireless services, shall provide to the Public 
Utilities Commission, 
on request, records relating to its 
gross revenues. 
At the request of a carrier, the Public 
Utilities 
Commission 
may 
issue 
a 
protective 
order 
in 
accordance with the Maine Rules of Civil Procedure, Rule 26 
(c) 
to 
protect 
any 
confidential 
business 
information 
provided by the carrier. 
Records placed under protective 
order by the Public Utilities Commission to this paragraph 
are within the scope of a privilege against discovery within 
the meaning of Title 1, section 402, subsection 3, paragraph 
B and are not public records while under the protective 
order. 
Sec. A-4. Additional assessment to support start-up of emergency 
alert system. 
Notwithstanding Title 26, section 1419-A, subsection 
5, the Department of Labor, Bureau of Rehabilitation Services' 
annual assessment of telecommunications carriers pursuant to the 
Maine Revised Statutes, Title 26, section 1419-A, subsection 5 
may, 
for the year 2004, generate an aggregate of $136,750 for 
deposit in the Communications Equipment Fund. 
The bureau, 
in 
consultation with the Public Utilities Commission, 
may make 
a 
supplemental assessment prior to December 31, 2004 to collect the 
difference between amounts otherwise authorized for 2004 and the 
$136,750 authorized pursuant to this section. 
Sec. 
A-5. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
LABOR, DEPARTMENT OF 
Bureau of Rehabilitation Services - Division of Deafness 
Initiative: 
Increases 
the allocation of funds, 
generated by 
increased assessments authorized pursuant to this Act, from the 
Communications Equipment Fund within the Bureau of Rehabilitation 
Services, 
Division of 
Deafness 
to 
support 
the 
provision of 
emergency 
alert 
notification 
equipment 
for 
deaf 
and 
hard-of-hearing 
persons 
and 
related 
equipment 
evaluation, 
distribution 
and 
training 
services, 
including 
contractual 
services. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
2003-04 
$0 
$0 
2004-05 
$51,750 
$51,750 
PARTB 
Sec. B-1. 36 MRSA §5122, sub-§2, ,Q, as corrected by RR 2003, 
c. 1, §38, is amended to read: 
Q. 
A fraction of any amount previously added back by the 
taxpayer 
to 
federal 
adjusted 
gross 
income 
pursuant 
to 
subsection 1, paragraph N. 
(1) 
With respect to property first placed in service 
during taxable years beginning in 2002, the adjustment 
under this paragraph is available for each year during 
the 
recovery 
period, 
beginning 
years 
after 
the 
beginning of the taxable year during which the property 
was first placed in service. 
The fraction is equal to 
the amount added back under subsection 1, paragraph N 
with respect to the property, divided by the number of 
years in the recovery period minus 2. 
(2) 
With 
respect 
to all other 
property, 
for 
the 
taxable year 
immediately following the taxable year 
during which the property was first placed in service, 
the fraction allowed by this paragraph is equal to 5% 
of the amount added back under subsection 1, paragraph 
N with respect to the property. 
For each subsequent 
taxable year during the recovery period, the fraction 
is 
equal 
to 
95% 
of 
the 
amount 
added 
back 
under 
subsection 1, paragraph N with respect to the property, 
divided by the number of years in the recovery period 
minus 2. 
In the case of property expensed pursuant to Section 179 of 
the Code, 
the term "recovery period" means 
the recovery 
period that would have been applicable to the property had 
Section 179 not been applied; aRa 
Sec. B-2. 36 MRSA §5122, sub-§2, ,T, as reallocated by 
RR 
2003, c. 1, §37, is amended to read: 
T. 
For income tax years beginning on or after January 1, 
2002, 
an 
amount 
equal to 
the total 
premiums 
spent 
for 
long-term 
care 
insurance 
policies certified 
under 
Title 
24-A, section 5075-A as long as the amount subtracted is 
reduced 
by 
the 
long-term 
care 
premiums 
claimed 
as 
an 
itemized deduction pursuant to section 5125T; and 
Sec. B-3. 36 MRSA §5122, sub-§2,'U is enacted to read: 
U. 
The amount given by the taxpayer in the taxable year to 
a video programming distributor, as defined in 47 
Code of 
Federal 
Regulations, 
79.1 
(2002), 
to 
sponsor 
closed 
captioning, 
open 
captioning or 
other 
methods 
of 
visual 
presentation of audio information for persons who are deaf 
or hard-Of-hearing. 
Sec. B·4. 36 MRSA §5200.A, sub·§2, ,L, as amended by PL 2003, 
c. 20, Pt. EE, §3, is further amended to read: 
L. 
An 
amount 
equal 
to the 
absolute value of 
any net 
operating loss arising from a tax year beginning or ending 
in 2001 for which federal taxable income was increased under 
subsection 1, paragraph M and that, pursuant to Section 102 
of the federal Job Creation and Worker Assistance Act of 
2002, Public Law 107-147, was carried back more than 2 years 
to the taxable year for federal income tax purposes, but 
only to the extent that: 
(1) Maine taxable income is not reduced below zero; 
(2) The taxable year is either within 2 years prior to 
the 
year 
in 
which 
the 
loss 
arose 
or 
within 
the 
allowable 
federal 
period 
for 
carry-over 
of 
net 
operating losses; and 
(3) 
The 
amount 
has 
not 
been previously used 
as 
a 
modification pursuant to this subsection; aBe 
Sec. B·5. 36 MRSA §5200-A, sub-§2, ,M, 
as 
repealed 
and 
replaced by PL 2003, c. 479, §6, is amended to read: 
M. 
A fraction of any amount previously added back by the 
taxpayer to federal taxable income pursuant to subsection 1, 
paragraph N. 
(1) 
With respect to property first placed in service 
during taxable years beginning ,in 2002, the adjustment 
under this paragraph is available for each year during 
the 
recovery 
period, 
beginning 
years 
after 
the 
beginning of the taxable year during which the property 
was first placed in service. 
The fraction is equal to 
the amount added back under subsection 1, paragraph N 
with respect to the property, divided by the number of 
years in the recovery period minus 2. 
(2) 
With 
respect 
to all other 
property, 
for 
the 
taxable year 
immediately following the taxable year 
during which the property was first placed in service, 
the fraction allowed by this paragraph is equal to 
5~o 
of the amount added back under subsection 1, paragraph 
N with respect to the property. 
For each subsequent 
taxable year during the recovery period, the fraction 
is 
equal 
to 
95% 
of 
the 
amount 
added 
back 
under 
subsection 1, paragraph N with respect'to the property, 
divided by the number of years in the recovery period 
minus 2. 
In the case of property expensed pursuant to Section 179 of 
the Code, 
the term "recovery period" means 
the recovery 
period that would have been applicable to the property had 
Section 179 not been appliedT; and 
Sec. B-6. 36 MRSA §5200-A, sub-§2,'P is enacted to read: 
P. 
The amount given by the taxpayer in the taxable year to 
a video programming distributor, as defined in 47 Code of 
Federal 
Regulations, 
79.1 
(2002), 
to 
sponsor 
closed 
captioning, 
open 
captioning 
or 
other 
methods 
of visual 
presentation of audio information for persons who are deaf 
or hard-of-hearing. 
PARTe 
Sec. C-l. 35-A MRSA §7101, sub-§5 is enacted to read: 
5. Homeland security and emergency alerts. The Legislature 
further finds that 
seamless t 
integrated, robust and redundant 
means of communication, including, but not limited to, voice and 
alphanumeric pagers, 
landline telephones, 
wireless telephones, 
text radio and wireless e-mail, create a 
robust communication 
system that enables rapid contact with first responders, ensures 
emergency alert notification to all affected persons 
in the 
State, 
including at-risk populations 
such 
as 
the hearing or 
visually impaired, 
and enhances homeland security. 
It is the 
policy 
of 
the 
State 
to 
encourage 
the 
deployment 
of 
the 
infrastructure necessary to support such a communications system. 
SUMMARY 
This bill includes the legislative 
Study Group to Examine an Emergency Alert 
Deaf and Hard-of-hearing Individuals. 
recommendations of the 
Notification System for 
Part A amends the law relating to the Telecommunications 
Equipment Fund administered by the Department of Labor, Bureau of 
Rehabilitation Services, Division of Deafness. 
Part A expands 
the use of the fund to include equipment used to provide or 
facilitate 
notice 
of 
emergencies 
to 
deaf 
and 
hard-of-hearing 
persons 
and 
for 
training 
related 
to 
such 
equipment. 
It also changes the name of the fund to reflect this 
expansion. 
It also repeals an obsolete provision relating to the 
provision of up to 
50% 
of the cost of specialized customer 
telecommunications equipment under certain circumstances to an 
organization 
or 
municipality. 
Part 
A 
increases 
the 
telecommunications 
carrier 
assessment 
to 
cover 
the 
costs 
associated with providing equipment 
to facilitate 
notice 
of 
emergencies to deaf and hard-of-hearing persons and for training 
related to such equipment 
Part B establishes a new tax incentive for entities that 
sponsor closed captioning, open captioning or other methods of 
visual presentation of audio information for persons who are deaf 
or hard-of-hearing. 
The amount of the sponsorship is subtracted 
from the taxable income of the entity. 
Part 
C 
establishes 
as 
the 
policy 
of 
the 
State 
the 
encouragement of a communications system that involves seamless, 
integrated, 
robust 
and 
redundant means 
of 
communication that 
enable rapid contact with first responders, 
ensure 
emergency 
alert 
notification 
to 
all 
affected 
persons 
in 
the 
State, 
including at-risk populations such as the hearing or visually 
impaired, and enhance homeland security.