AN ACT
Relating to the TDD state-wide relay system; amending RCW 43.20A.720,
43.20A.725, and 43.20A.730; adding a new section to chapter 80.36 RCW; and creating
a new section.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that the state of Washington has shown national leadership in
providing telecommunications access for the hearing impaired and speech
impaired communities. The legislature further finds that the federal Americans
with Disabilities Act requires states to further enhance telecommunications
access for disabled persons and that the state should be positioned to allow
this service to be delivered with fairness, flexibility, and efficiency.
Sec.
2. 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)) telecommunications
device that has a typewriter or computer 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 bilingual in American
sign language and standard English 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.
3. 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. When awarding
such contracts, the office may consider the quality of equipment and, with the
director's approval, may award contracts on a basis other than cost. Such
contracts ((shall)) may 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, until July 26, 1993, 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 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.
(5) Pursuant
to the recommendations of the TDD task force report of December 1991, and with
the express purpose of maintaining state control and jurisdiction, the office
shall seek certification by the federal communications commission of the
state-wide relay service.
(6)
The office shall award contracts for the operation and maintenance of the
state-wide relay service. The initial contract shall be for service commencing
July 26, 1993. The contract shall be awarded to an individual company
registered as a telecommunications company by the utilities and transportation
commission, to a group of registered telecommunications companies, or to any
other company or organization determined by the office as qualified to provide
relay services, contingent upon that company or organization being approved as
a registered telecommunications company prior to final contract approval.
(7)
The program shall be funded by a 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 utilities and transportation commission shall determine the
amount of TRS excise tax by dividing the total of the program budget, as
submitted by the office, by the total number of access lines, and shall not
exercise any further oversight of the program under this subsection. The
((TDD)) TRS excise tax shall not exceed ten 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 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.
(((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, 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))
TRS 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 hearing impaired or speech impaired. 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.
4. 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))
develop recommendations on 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. 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
TRS program advisory committee shall provide reports at least four times per
year to the administrators and operators of the TRS state-wide relay service.
The committee shall report on the extent to which the relay system is meeting
the needs of disabled citizens in the state, and shall include program elements
that are successful, program elements in need of improvement, and any
recommendations from the committee.
(3)
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 pursuant to RCW 43.20A.725(1), and in which offices the equipment shall
be installed if an organization has more than one office.
NEW
SECTION. Sec. 5. A new
section is added to chapter 80.36 RCW to read as follows:
Each
telecommunications company providing intrastate interexchange voice
transmission service shall offer discounts from otherwise applicable long
distance rates for service used in conjunction with the state-wide relay
service authorized under RCW 43.20A.725. Such long distance discounts shall be
determined in relation to the additional time required to translate calls
through relay operators. In the case of intrastate long distance services
provided pursuant to tariff, the commission shall require the incorporation of
such discounts.
NEW
SECTION. Sec. 6. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
