An Act to Implement the Recommendations of the Study Group To Examine an Emergency Alert Notification System for Deaf and Hard-of-hearing Individuals LR 2656(02)
Maine Legislature, Session 121, LD 1819
Committee Amendment CA_A_S396 (Senate)
Amends: 26 MRSA §1419

COMMITTEE AMENDMENT 'A' to S.P. 667, L.D. 1819, Bill, "An 
Act 
To 
Implement 
the Recommendations 
of the 
Study 
Group 
To 
Examine 
an 
Emergency Alert Notification System for 
Deaf 
and 
Hard-of-hearing Individuals" 
Amend the bill in Part A by striking out all of sections 3 
to 5 and inserting in their place the following: 
'Sec. A·3. 26 MRSA §1419·A, as amended by PL 1999, c. 227, 
§§l and 2, is further amended to read: 
§14l9-A. 
Specialized customer communications equipment for 
persons with disabilities 
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2. 
Communications Equipment Fund. 
There is established the 
*e~eeemmQB:ieat:ieBs Communications Equipment Fund to be used by 
the Division of Deafness within the Bureau of Rehabilitation 
Services. 
The 
fund is nonlapsing. 
The 
fund 
receives 
money 
transferred by the Public Utilities Commission from the universal 
Page l-LR2656(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A to S.P. 667, L.D. 1819 
service fund pursuant to Title 35-A, section 7104. 
~he Division 
of 
Deafness 
may 
accept gifts or grants, 
including, 
but not 
limited to, federal grants, for the purposes of this section. 
±Rese Funds transferred from the universal service fund pursuant 
to Title 
35-A, 
section 
7104 
and all gifts 
and 
grants 
and 
authorized 
appropriations 
must 
be 
deposited 
in 
the 
±e*eeeffiffiYR~eat~eRs Communications Equipment Fund and disbursed in 
accordance 
with 
this 
section. 
The 
±e*eeeffiffiYR~eat~eRs 
Communications Equipment Fund may be used for purchase, lease, 
distribution, upgrading, installation, maintenance and repair of 
specialized customer 
te*eeeffiffiYR~eat~eRS 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 
±e*eee~YR~ea~~eRs 
Communications 
Equipment 
Fund 
in 
accordance 
with 
the 
~e*eee~YR~ea~~eRs communications equipment plan required under 
subsection 3. 
3. 
Communications equipment plan. 
The Division of Deafness 
shall 
develop 
a 
plan 
to 
make 
specialized 
customer 
te*eeeffiffiYR~ea~~eRS communications 
equipment available to deaf, 
hard-Of-hearing 
or 
speech-impaired 
persons 
and 
persons 
with 
disabilities and to distribute money from the ±e*eee~YRiea~ieRs 
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 
±e*eee~YRiea~ieRs 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 
~e±eee~YRiea~ieRs 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-iffipaiEea 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 
±e±eee~YRiea~ieRs Communications Equipment 
Fund. 
The plan must ensure that persons with disabilities have 
access 
to 
appropriate 
specialized 
customer 
~e*eee~YRiea~~eRs 
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 l4l3-C and other advisory councils representing the 
interests of persons with disabilities. 
COMMITTEE AMENDMENT 
.... 
. ,~-, 
~ 4 
~'\f'.. 
COMMITTEE AMENDMENT .~ to S.P. 667, L.D. 1819 
4. 
Specialized customer communications equipment needs in 
the 
public 
school 
system. 
The 
Department 
of 
Education, 
in 
consul tation 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 ~e±eeeffiffiHRiea~ieR6 
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 
~e±eeeffiffiHRiea~ieR6 
communications 
equipment: 
the 
availability 
of 
specialized 
customer 
~e±eeeffiffiHRiea~ieR6 
communications 
equipment; 
the 
number 
of 
requests 
for 
specialized 
customer 
~e±eeeffiffiHRiea~ieR6 
communications equipment; and the status of training for teachers 
and other school personnel in the use of specialized customer 
~e±eeeffiffiHRiea~ieR6 communications equipment. 
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COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT o~ to S.P. 667, L.D. 1819 
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9taetT 
Sec. A·4. 35·A MRSA §7104, sub.§5 is enacted to read: 
5. 
Funds for Communication Equipment Fund. 
The commission 
shall annually transfer $85,000 from a state universal service 
fund established pursuant to this section to the Communications 
Equipment Fund established under Title 26, section 1419-A. 
In 
addition to its authority under subsection 3, 
the commission may 
require contributions to the state universal service fund in an 
amount sufficient to collect the $85,000. 
If the Department of Labor, 
Bureau of Rehabilitation Services 
does not receive from federal or other sources funds in addition 
to the $85,000 sufficient to carry out the purposes of Title 26, 
section 1419-A, the commission, at the request of the Department 
of Labor, Bureau of Rehabilitation Services, may transfer from 
the state universal service fund to the Communications Equipment 
Fund additional amounts as long as: 
A. The total transfer in any year does not exceed $122,500; 
and 
B. Any amount in any year in excess of $85,000 is drawn from 
funds otherwise available in the universal service fund. 
The commission is not authorized to require contributions to 
the state universal service fund for the purposes of this 
subsection in order to collect any amount in excess of 
$85,000 in any year. 
Sec. A·5. Application for funds; report. 
The 
Department 
of 
Labor, Bureau of Rehabilitation Services shall apply for federal 
homeland 
security 
funds 
administered 
by 
the 
Department 
of 
Defense, 
Veterans 
and 
Emergency 
Management, 
Maine 
Emergency 
Management Agency to support the purposes of the Communications 
Equipment 
Fund and this Act. 
The Maine 
Emergency Management 
Agency 
and the Department of Labor, 
Bureau of Rehabilitation 
Services shall provide a report to the joint standing committee 
of the Legislature having jurisdiction over utilities and energy 
matters 
by January 1, 
2005 detailing the 
amount 
of homeland 
secur i ty funding that has been provided for these purposes and 
for supporting access to emergency alert and news services for 
persons who are blind. 
COMMITTEE AMENDMENT 
, 
r 
, , 
COMMITTEE AMENDMENT ~ 
to S.P. 667, L.D. 1819 
Sec. 
A·6. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
The 
following 
LABOR, DEPARTMENT OF 
Communications Equipment Fund 
Initiative: 
Provides funds to 
event federal grant funds are 
notification 
equipment 
and 
hard-of-hearing persons. 
Federal Expenditures Fund 
All Other 
0799 
establish a base allocation in the 
secured to provide emergency alert 
other 
services 
for 
deaf 
and 
2003-04 
$0 
2004-05 
$500 
Federal Expenditures Fund Total 
$0 
$500' 
Further amend the bill by striking out all of Part B. 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment, which is the majority report of the Joint 
Standing Committee on Utilities and Energy, does the following. 
1. 
It transfers the funding source for the Communications 
Equipment 
Fund 
from 
an assessment made 
by the Department of 
Labor, Bureau of Rehabilitation Services to a universal service 
fund administered by the Public Utilities Commission. 
2. 
It 
preserves 
the 
current 
$85,000 
annual 
total 
collections from telecommunications service providers to support 
the Communications Equipment Fund but permits the commission to 
transfer amounts otherwise available in the universal service 
fund to the Communications Equipment Fund, 
up to 
a total of 
$122,500 in any year, if the Communications Equipment Fund fails 
to receive adequate funding from federal or other sources to 
carry out its purposes. 
3. 
It removes from the bill Part B, which creates a tax 
exemption for sponsorship of closed captioning. 
4. 
It 
requires 
the 
Department 
of 
Labor, 
Bureau 
of 
Rehabilitation Services to apply for grants of 
federal homeland 
security 
funds 
administered 
by 
the 
Department 
of 
Defense, 
Veterans 
and 
Emergency 
Management, 
Maine 
Emergency 
Management 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~ to S.P. 667, L.D. 1819 
Agency to support the purposes of the Communications Equipment 
Fund. 
5. 
It requires the Maine Emergency Management Agency to 
provide 
a 
report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over utilities and energy matters 
by January 1, 
2005 detailing the amount of homeland security 
funding that has been provided to support the purposes of the 
Communications Equipment Fund and access to emergency alert and 
news services for persons with disabilities, including persons 
who are blind. 
6. 
It also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
" 
Approved: 0211 0/04 .:t:Pac:.. 
Office of Fiscal and Program Review 
LD 1819 
An Act to Implement the Recommendations of the Study Group To 
Examine an Emergency Alert Notification System for Deaf and Hard-of-
hearing Individuals 
LR 2656(02) 
Fiscal Note for Bill as Amended by Committee Amendment ~ 
Committee: Utilities and Energy 
r\ 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Undetermined current biennium revenue increase - Federal Expenditures Fund 
Minor cost increase - General Fund 
Appropriations! Allocations 
Federal Expenditures Fund 
Transfers 
Other Special Revenue Funds 
Fiscal Detail and Notes 
2003-04 
$0 
$0 
2004-05 
$500 
$0 
Projections 
2005-06 
$500 
$0 
Projections 
2006-07 
$500 
$0 
This bill authorizes the transfer of $85,000 annually from the universal service fund administered by the Public 
Utilities Commission to the Communications Equipment Fund within the Department of Labor's Bureau of 
Rehabilitation Services, Division of Deafness. The transfer may be increased to $122,500 in any year that the $85,000 
is not sufficient and other funds are not received from other sources to carry out the purposes of the fund. In addition, 
this bill also requires the Bureau of Rehabilitation Services to apply for federal homeland security funds. Applying 
for federal homeland security funds may result in an increase in the amount of funds available in the Communications 
Equipment Fund to be used to provide emergency alert notification equipment and other services for deaf and hard-of-
hearing persons. The amount of federal funds can not be determined at this time. This bill includes a Federal 
Expenditures Fund allocation of $500 in fiscal year 2004-05 to establish a base allocation of funds in the event that 
federal grants are awarded. 
LR2656(2) - Fiscal Note - Page 1 of 1