53-19-307. Provision of services. (1) In administering the program established in 53-19-306 for individuals, the committee shall:

Terms Used In Montana Code 53-19-307

  • Committee: means the committee on telecommunications access services for persons with disabilities established in 2-15-2212. See Montana Code 53-19-302
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person with a disability: means the condition of a person who is deaf and blind, deaf, hard-of-hearing, speech-disabled, or mobility-disabled. See Montana Code 53-19-302
  • Program: means the program established in 53-19-306. See Montana Code 53-19-302
  • Specialized telecommunications equipment: means any telecommunications 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. See Montana Code 53-19-302
  • Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing without a change in the form or content of the information upon receipt. See Montana Code 53-19-302
  • Telecommunications relay service: means a service that permits full and simultaneous communication between those using specialized telecommunications equipment and those using conventional telephone equipment or any other technology or equipment, including but not limited to personal computers and videophones. See Montana Code 53-19-302

(a)develop an appropriate means test to determine eligibility for specialized telecommunications equipment based on family income of less than 250% of the federal poverty level;

(b)require that the person with a disability be a resident of Montana and that residency be maintained as a condition of eligibility for specialized telecommunications equipment;

(c)require persons with disabilities to provide satisfactory evidence that they have disabilities and would benefit from the use of specialized telecommunications equipment;

(d)provide specialized telecommunications equipment to participants through loan, lease, cost sharing, or other methods that are determined appropriate by the committee;

(e)determine the type of specialized telecommunications equipment that it considers necessary and economically feasible for use by Montana’s persons with disabilities;

(f)purchase or lease all specialized telecommunications equipment through bid by wholesale manufacturers on a competitive basis;

(g)require, as a condition of each equipment purchase or lease, that the equipment vendor provide repair and maintenance service for new and returned equipment;

(h)maintain records for a minimum of 5 years of each item of equipment, including the location, serial number, and telephone number of each device;

(i)make reasonable efforts to recover equipment from those who become ineligible for continued participation in the program;

(j)provide a telecommunications relay service system that would be available statewide for operation 7 days a week, 24 hours a day, including holidays; and

(k)adopt rules necessary to administer the program.

(2)In adopting rules to implement subsections (1)(a) and (1)(d), the committee may, based upon available funds, provide the specialized telecommunications equipment, without charge, to individuals whose family income is less than 250% of the federal poverty level.