In this subtitle the following words have the meanings indicated. “Board” means the Governor’s Advisory Board for Telecommunications Relay. “Communications company” means a public service company, as defined in § 1–101 of the Public Utilities Article, or any other company, that provides a communications service. “Communications service” means: landline telephone service; wireless or cellular telephone service; or Voice over Internet Protocol (VoIP) service, as defined in § 8–601 of the Public Utilities Article. “Department” means the Department of Disabilities. “Dual party telephone relay program” means a service that provides full and simultaneous communication between a person or persons with a disability that prevents them from using a standard telephone and a person or persons without that disability using conventional telephone equipment or other technology or equipment, whereby the disabled person or persons have their message relayed through an intermediary party using specialized telecommunications equipment. “Program” means the dual party telephone relay program. “Program participant” means a resident of the State who uses the dual party telephone relay program. “Specialized customer telephone equipment” means any communications device that enables or assists a person with a disability to communicate with others by means of the public switched telephone network or Internet protocol–enabled voice communications service. “Specialized customer telephone equipment” includes: TDD/TT/TTY; amplifiers; captioned telephones; VRS equipment; cell phones; pagers; puff blow devices; Braille–TTY devices; and equipment for the mobility disabled. “Telecommunications device for the deaf” or “TDD/TT/TTY” means all types of mechanical devices that enable disabled individuals to communicate through messages sent and received through a telephone or wireless network.

There is a Governor’s Advisory Board for Telecommunications Relay in the Department.

The Board shall be composed of 14 individuals appointed by the Governor, who shall designate the chair, including: five representatives of the deaf or hard of hearing community; one representative of the mobility–impaired community who requires the use of specialized customer telephone equipment; one representative of the speech–impaired community who requires the use of specialized customer telephone equipment; one representative of the senior citizen community who requires the use of specialized customer telephone equipment; one representative of the deaf–blind community; three representatives of government, one of whom is a representative of the Public Service Commission; one representative from the Maryland Commission on Disabilities; and one representative from the Governor’s Office of the Deaf, Deafblind, and Hard of Hearing. The term of a member is 3 years. The terms of members are staggered as required by the terms provided for members of the Board on June 30, 2008. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. The Governor may remove a member for incompetence or misconduct. The members of the Board shall serve without compensation, but shall be reimbursed for all reasonable expenses incurred in the performance of their duties. By January 1 of each year, the Board shall file an annual report on its activities to the General Assembly in accordance with § 2–1257 of the State Government Article. The Board shall advise the Department with regard to the program’s: level of access to program participants; and quality of service.

The Department in consultation with the Board shall: establish and administer a program to provide cost–efficient, 24–hour, dual party relay service to program participants at a comparable level of access and quality that a standard telecommunication service provides to a person without a hearing or speech disability; develop the program in collaboration with State programs currently serving disabled individuals and with community agencies or other organizations that have established relay programs; and maintain an information and referral service to provide information about the availability of the relay service. The Department in consultation with the Board shall: contract with a private vendor or nonprofit organization to provide the information and referral service required under subsection (a)(3) of this section; and provide appropriate staff assistance from the Department, including a director, to assist the Board in carrying out its duties under this subtitle. The director provided under subsection (b)(2) of this section shall: be an individual who is: deaf, hard of hearing, deafblind, or speech disabled; and is a user of telecommunications relay services; direct the implementation of services and programs established in accordance with this subtitle and Subtitle 9 of this title; and advise the Department and the Secretary of Disabilities on regulatory policy and the administration of the Universal Service Trust Fund.

The Department in consultation with the Board shall adopt regulations to carry out the purposes of this subtitle.

Subject to paragraph (2) of this subsection, the programs under § 7–804(a) of this subtitle, § 7–902(a) of this title, and § 3.5–702 of the State Finance and Procurement Article shall be funded as provided in the State budget. For fiscal year 2019 and each fiscal year thereafter, the program under § 3.5–702 of the State Finance and Procurement Article shall be funded at an amount that: is equal to the cost that the Department of Aging is expected to incur for the upcoming fiscal year to provide the service and administer the program; and does not exceed 5 cents per month for each account out of the surcharge amount authorized under subsection (c) of this section. There is a Universal Service Trust Fund created for the purpose of paying the costs of maintaining and operating the programs under: § 7–804(a) of this subtitle, subject to the limitations and controls provided in this subtitle; § 7–902(a) of this title, subject to the limitations and controls provided in Subtitle 9 of this title; and § 3.5–702 of the State Finance and Procurement Article, subject to the limitations and controls provided in Title 3.5, Subtitle 7 of the State Finance and Procurement Article. Money in the Universal Service Trust Fund shall be held in the State Treasury. Money in the Universal Service Trust Fund may only be used: to fund the costs of the programs specified in paragraph (1) of this subsection; and to pay for the administration of the Universal Service Trust Fund. The costs of the programs under § 7–804(a) of this subtitle, § 7–902(a) of this title, and § 3.5–702 of the State Finance and Procurement Article shall be funded by revenues generated by: a surcharge to be paid by the subscribers to a communications service; and other funds as provided in the State budget. The surcharge may not exceed 18 cents per month for each account and shall be applied to all current bills rendered for a communications service in the State. The surcharge is payable at the time the bills for a communications service are due. The surcharge to be collected under this section applies only to a communications service for which charges are billed by, or on behalf of, a communications company to a subscriber of the communications service. The Secretary shall annually certify to the Public Service Commission the costs of the programs under § 7–804(a) of this subtitle, § 7–902(a) of this title, and § 3.5–702 of the State Finance and Procurement Article to be paid by the Universal Service Trust Fund for the following fiscal year. The Public Service Commission shall determine the surcharge for the following fiscal year necessary to fund the programs under § 7–804(a) of this subtitle, § 7–902(a) of this title, and § 3.5–702 of the State Finance and Procurement Article. In accordance with subsection (c)(2) of this section and subsubparagraph 2 of this subparagraph, the Public Service Commission shall set the surcharge for the following fiscal year at an amount that is no higher than necessary to generate sufficient revenues to fund the costs of the programs for the following fiscal year, as certified under paragraph (1) of this subsection. In setting the surcharge under subsubparagraph 1 of this subparagraph, the Public Service Commission shall take into account whether the surcharge may be adjusted as a result of any uncommitted funds in the Universal Service Trust Fund at the end of the fiscal year that may be used to fund the costs of the programs for the following fiscal year. The Secretary shall, on 60 days’ notice, direct the affected communications companies to add the surcharge determined by the Public Service Commission under paragraph (2) of this subsection to all current bills rendered for communications service in the State. The affected communications companies shall act as collection agents for the Universal Service Trust Fund and shall remit all proceeds monthly to the Comptroller for deposit to the Universal Service Trust Fund. The communications companies shall be entitled to credit against these proceeds in an amount equal to 1 1/2 percent of these proceeds to cover the expenses of billing, collecting, and remitting the surcharge and any additional charges. The Secretary shall administer the Universal Service Trust Fund. The income derived from investment of money in the Universal Service Trust Fund shall accrue to the Universal Service Trust Fund. Any funds remaining at the end of a fiscal year in the Universal Service Trust Fund shall be carried forward within the Universal Service Trust Fund for the maintenance and operation of the programs specified under subsection (b) of this section in the following fiscal year. The Legislative Auditor may conduct postaudits of a fiscal and compliance nature of the Universal Service Trust Fund and the expenditures made for purposes of § 7–804(a) of this subtitle, § 7–902(a) of this title, and § 3.5–702 of the State Finance and Procurement Article. The cost of the fiscal portion of the postaudit examination shall be paid from the Universal Service Trust Fund as an administrative cost.