H-4055

AN ACT Relating to changes in the telecommunications relay service; and amending RCW 43.20A.720, 43.20A.725, and 43.20A.730.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 43.20A.720 and 1990 c 89 s 2 are each amended to read as follows:

"Hearing impaired" means those persons who are certified to be deaf, deaf-blind, or hard of hearing, and those persons who are certified to have a hearing disability limiting their access to telecommunications.

"Speech impaired" means persons who are certified to be unable to speak or who are certified to have a speech impairment limiting their access to telecommunications.

"Text telephone (TT)," formerly known as a telecommunications device for the deaf (TDD)((")) means a teletypewriter that has a typewriter keyboard and a readable display that couples with the telephone, allowing messages to be typed rather than spoken. The device allows a person to make a telephone call directly to another person possessing similar equipment. The conversation is typed through one machine to the other machine instead of spoken.

"((~~TDD~~)) Telecommunications relay ((~~system~~)) service (TRS)" is a service for hearing and speech impaired people who have a ((~~TDD~~)) TT to call someone who does not have a ((~~TDD~~)) TT or vice versa. The service consists of several telephones being utilized by ((~~TDD relay service operators~~)) TRS communications assistants who receive either ((~~TDD~~)) TT or voice phone calls. If a ((~~TDD relay service operator~~)) TRS communications assistant receives a phone call from a hearing or speech impaired person wishing to call a hearing person, the operator will call the hearing person and act as an intermediary by translating what is displayed on the ((~~TDD~~)) TT to voice and typing what is voiced into the ((~~TDD~~)) TT to be read by the hearing or speech impaired caller. This process can also be reversed with a hearing person calling a deaf person through the ((~~TDD~~)) telecommunications relay service. "TRS program" as used in this chapter includes both the relay function and TTs.

"Qualified trainer" is a person who is knowledgeable about ((~~TDDs~~)) TTs, signal devices, and amplifying accessories; familiar with the technical aspects of equipment designed to meet hearing impaired people's needs; and is fluent in American sign language.

"Qualified contractor" shall have bilingual staff available for quality language/cultural interpretations; quality training of operators; and policies, training, and operational procedures to be determined by the office.

"The department" means the department of social and health services of the state of Washington.

"Office" means the office of deaf services within the state department of social and health services.

Sec. 2. RCW 43.20A.725 and 1990 c 89 s 3 are each amended to read as follows:

(1) The department shall maintain a program whereby ((~~TDDs~~)) TTs, signal devices, a ((~~TDD relay system~~)) TRS, and amplifying accessories capable of serving the needs of the hearing and speech impaired shall be provided at no charge additional to the basic exchange rate, to an individual of school age or older, (a) who is certified as hearing impaired by a licensed physician, audiologist, or a qualified state agency, and to any subscriber that is an organization representing the hearing impaired, as determined and specified by the ((~~TDD~~)) TRS program advisory committee; or (b) who is certified as speech impaired by a licensed physician, speech pathologist, or a qualified state agency, and to any subscriber that is an organization representing the speech impaired, as determined and specified by the ((~~TDD~~)) TRS program advisory committee. For the purpose of this section, certification implies that individuals cannot use the telephone for expressive or receptive communications due to hearing or speech impairment.

(2) The office shall award contracts on a competitive basis, to qualified persons for which eligibility to contract is determined by the office, for the distribution and maintenance of such ((~~TDDs~~)) TTs, signal devices, and amplifying accessories as shall be determined by the office. Such contract shall include a provision for the employment and use of a qualified trainer and the training of recipients in the use of such devices.

(3) The office shall establish and implement a policy for the ultimate responsibility for recovery of ((~~TDDs~~)) TTs, signal devices, and amplifying accessories from recipients who are moving from this state or who for other reasons are no longer using them.

(4) Pursuant to recommendations of the ((~~TDD~~)) TRS program advisory committee, the office shall maintain a program whereby a relay system will be provided state-wide using operator intervention to connect hearing impaired and speech impaired persons and offices or organizations representing the hearing impaired and speech impaired, as determined and specified by the ((~~TDD~~)) TRS program advisory committee pursuant to RCW 43.20A.730. ((~~The relay system shall be the most cost-effective possible and shall operate in a manner consistent with federal requirements for such systems.~~)) Operation of the relay service shall be bid out to a qualified contractor. The department may use factors such as relative qualifications as well as least cost in the selection of a qualified contractor. The contract shall require billing of both interstate and intrastate long distance calls. Billing shall be at rates that accommodate the difference in speed of communication between voice and TT transmissions.

(5) The department shall prepare and submit an application for state certification by October 1, 1992, to the federal communications commission. The contract with the qualified contractor shall be concluded in sufficient time for the contractor to be fully operational and in compliance with applicable federal communications commission regulations by July 26, 1993.

(6) In establishing the revised service by July 26, 1993, the department and the qualified contractor shall take necessary measures to ensure that the currently provided TRS remains viable until the qualified contractor's revised service is fully operational.

(7) The program shall be funded by telecommunications ((~~devices for the deaf (TDD)~~)) relay service (TRS) excise tax applied to each switched access line provided by the local exchange companies. The office shall determine, in consultation with the ((~~TDD~~)) TRS program advisory committee, the amount of money needed to fund the program on an annual basis, including both operational costs and a reasonable amount for capital improvements such as equipment upgrade and replacement. That information shall be given by the department in an annual budget to the utilities and transportation commission no later than March 1 prior to the beginning of the fiscal year. The utilities and transportation commission shall then determine the amount of ((~~TDD~~)) TRS excise tax to be placed on each access line and shall inform each local exchange company of this amount no later than May 15. The ((~~TDD~~)) TRS excise tax shall not exceed ((~~ten~~)) twenty cents per month per access line. Each local exchange company shall impose the amount of excise tax determined by the commission as of July 1, and shall remit the amount collected directly to the department on a monthly basis. The ((~~TDD~~)) TRS excise tax shall be separately identified on each ratepayer's bill as "((~~Telecommunications devices~~)) Funds for relay services to connect with the deaf and hearing impaired". All proceeds from the ((~~TDD~~)) TRS excise tax shall be put into a fund to be administered by the office through the department.

((~~(6)~~)) (8) The office shall administer and control the award of money to all parties incurring costs in implementing and maintaining telecommunications services, programs, equipment, and technical support services in accordance with ((~~the provisions of RCW 43.20A.725~~)) this section.

((~~(7)~~)) (9) The department shall provide the legislature with a biennial report on the operation of the program. The first report shall be provided no later than December 1, 1990, and successive reports every two years thereafter. Reports shall be prepared in consultation with the ((~~TDD~~)) TRS program advisory committee and the utilities and transportation commission. The reports shall, at a minimum, briefly outline the accomplishments of the program, the number of persons ((~~served~~)) receiving equipment, the number of relay calls placed, revenues and expenditures, ((the prioritizing of services to those eligible based on such factors as degree of physical handicap or)) the allocation of the program's revenue between provision of devices to individuals and operation of the state-wide relay service, other major policy or operational issues, and proposals for improvements or changes for the program. ((The first report shall contain a study which includes examination of like programs in other states, alternative methods of financing the program, alternative methods of using the telecommunications system, advantages and disadvantages of operating the TDD program from within the department, by telecommunications companies, and by a private, nonprofit corporation, and means to limit demand for system usage.

~~(8)~~)) (10) The program shall be consistent with the requirements of federal law for the operation of both interstate and intrastate telecommunications services for ((~~the deaf or~~)) people with hearing ((~~impaired~~)) or speech ((~~impaired~~)) disabilities. The department and the utilities and transportation commission shall be responsible for ensuring compliance with federal requirements and shall provide timely notice to the legislature of any legislation that may be required to accomplish compliance.

Sec. 3. RCW 43.20A.730 and 1990 c 89 s 4 are each amended to read as follows:

(1) The department advisory committee on deafness shall establish a ((~~TDD~~)) TRS program advisory committee to oversee operation of the ((~~TDD~~)) TRS program. The ((~~TDD~~)) TRS program advisory committee shall consist of no more than thirteen individuals representing the hearing impaired and speech impaired communities, the department, the utilities and transportation commission, agencies and services serving the hearing impaired and speech impaired, and local exchange companies in the state. The membership on the ((~~TDD~~)) TRS program advisory committee shall, to the maximum extent possible, include representatives from (a) the major state-wide organizations representing the hearing impaired and speech impaired, (b) organizations for the hearing impaired and speech impaired located in areas of the state with high populations of such persons, and (c) organizations that reflect the different geographic regions of the state. In order to develop, implement, and maintain a state-wide relay system providing cost-effective relay centers at a reasonable cost and that will meet the requirements of the hearing impaired and speech impaired, the ((~~TDD~~)) TRS program advisory committee shall investigate options, conduct public hearings as needed to ((determine the most cost-effective method of operating a state-wide relay system providing relay centers to the hearing impaired and speech impaired, and solicit the advice, counsel, and assistance of interested parties and nonprofit consumer organizations for hearing impaired and speech impaired persons state-wide)) solicit feedback on the relay service and equipment distribution program. The ((~~TDD~~)) TRS program advisory committee shall also, in conjunction with the department, monitor the activities and moneys that are being spent by the department for the program herein.

(2) The ((~~TDD~~)) TRS program advisory committee shall establish criteria and specify state-wide organizations representing the hearing or speech impaired meeting such criteria that are to receive ((~~telecommunications devices~~)) text telephones pursuant to RCW 43.20A.725(1), and in which offices the equipment shall be installed if an organization has more than one office.