H 4963 General Bill, By Townsend
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 58-9-2550 so as to create a distribution system of TTY's and other related
 telecommunications; to amend Section 58-9-2510, relating to definitions for
 telephone service for hearing and speech impaired persons, so as to define the
 term Dual Sensory Impaired Person and to define the acronym "TTY" as a
 keyboard mechanism attached to or in place of a standard telephone used to
 transmit or receive signals through telephone lines; to amend Section
 58-9-2520, relating to the statewide program which provides telephone access
 to persons who are speech or hearing impaired, so as to expand the scope of
 the statewide access program; and to amend Section 58-9-2530, relating to
 funding of the dual party relay system, so as to allow a monthly charge on all
 residential and business local exchange access facilities to fund a
 distribution system of TTY's and other related telecommunications devices in
 this State.

   04/18/96  House  Introduced, read first time, placed on calendar
                     without reference HJ-8
   04/23/96  House  Read second time HJ-65
   04/24/96  House  Read third time and sent to Senate HJ-15
   04/24/96  Senate Introduced and read first time SJ-46
   04/24/96  Senate Referred to Committee on Judiciary SJ-46

INTRODUCED

April 18, 1996

H. 4963

S. Printed 4/18/96--H.

Read the first time April 18, 1996.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-2550 SO AS TO CREATE A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO DEFINE THE TERM DUAL SENSORY IMPAIRED PERSON AND TO DEFINE THE ACRONYM "TTY" AS A KEYBOARD MECHANISM ATTACHED TO OR IN PLACE OF A STANDARD TELEPHONE USED TO TRANSMIT OR RECEIVE SIGNALS THROUGH TELEPHONE LINES; TO AMEND SECTION 58-9-2520, RELATING TO THE STATEWIDE PROGRAM WHICH PROVIDES TELEPHONE ACCESS TO PERSONS WHO ARE SPEECH OR HEARING IMPAIRED, SO AS TO EXPAND THE SCOPE OF THE STATEWIDE ACCESS PROGRAM; AND TO AMEND SECTION 58-9-2530, RELATING TO FUNDING OF THE DUAL PARTY RELAY SYSTEM, SO AS TO ALLOW A MONTHLY CHARGE ON ALL RESIDENTIAL AND BUSINESS LOCAL EXCHANGE ACCESS FACILITIES TO FUND A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS DEVICES IN THIS STATE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 21, Chapter 9, Title 58 of the 1976 Code is amended by adding:

"Section 58-9-2550. The commission may establish a distribution system for TTY and other related telecommunications devices. In establishing this program, the commission may:

(1) select an administrator through the State Budget and Control Board procurement process to purchase, store, distribute, and maintain telecommunications devices for persons qualified to receive such equipment. In addition, the administrator must be responsible for providing user training and assistance.

(2) establish qualifications for eligibility for individuals to receive TTY's and other related telecommunications devices under a distribution system of TTY's and other related telecommunications devices. Qualifications shall include certifications as hearing impaired, speech impaired, or dual sensory impaired."

SECTION 2. A. Section 58-9-2510 of the 1976 Code, as added by Act 488 of 1990, is amended by adding:

"(3.5) `Dual sensory impaired person' means an individual who is deaf/blind or has both a permanent hearing impairment and a permanent visual impairment."

B. Section 58-9-2510(8) of the 1976 Code, as added by Act 488 of 1990, is amended to read:

"(8) `Telecommunications device' or `telecommunications device for the deaf, hearing, or speech impaired' or `TDD' or `TTY' means a keyboard mechanism attached to or in place of a standard telephone by some coupling device used to transmit or receive signals through telephone lines."

SECTION 3. Section 58-9-2520(B) of the 1976 Code, as added by Act 488 of 1990, is amended to read:

"(B) The program may include, but is not limited to:

(1) a statewide dual party relay service;

(2) selection of a service provider to provide a statewide relay system to handle all intrastate TDD calls; and

(3) prescribing or promulgating procedures, regulations, rules, guidelines, and criteria to establish, implement, administer, regulate, and promote all aspects of the dual party relay service, and the establishment of a funding mechanism to cover all associated costs of this service and this article where not prohibited by law. a distribution system of TTY's and other related telecommunications devices; and

(4) prescribing or promulgating procedures, regulations, guidelines, and criteria to establish, implement, administer, regulate, and promote all aspects of the dual party relay service and the distribution of TTY and other related telecommunications devices, and the establishment of a funding mechanism to cover all associated costs of these services and this article where not prohibited by law."

SECTION 4. Section 58-9-2530(A) of the 1976 Code, as added by Act 488 of 1990, is amended to read:

"(A) The commission may require all local exchange telephone companies operating in this State to impose a monthly charge not to exceed twenty-five cents on all residential and business local exchange access facilities as necessary to fund the establishment and operation of a dual party relay system and a distribution system of TTY's and other related telecommunications devices in this State. The amount of the charge must be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this article and provide dual party telephone relay services on a continuous basis. If assessed, the local exchange companies shall collect the charge from their customers and transfer the monies collected to the operating fund. The charge collected and remitted by the local exchange companies is not subject to any tax, fee, or assessment, nor may it be considered revenue of the local exchange companies. The commission may provide for the funding of the dual party relay system through contributions from other sources. The fund must be established, invested, and managed for the exclusive purpose of implementing the provisions of this article according to regulations promulgated by the commission."

SECTION 5. This act takes effect upon approval by the Governor.