CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1752

 

 

 

 

 

                        53rd Legislature

                      1993 Regular Session

Passed by the House April 20, 1993

  Yeas 97   Nays 0

 

 

 

Speaker of the

       House of Representatives

 

Passed by the Senate April 8, 1993

  Yeas 38   Nays 9

               CERTIFICATE

 

I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1752 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

President of the Senate

                               Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                     FILED

          

 

 

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                              _______________________________________________

 

                                             SUBSTITUTE HOUSE BILL 1752

                              _______________________________________________

 

                                                           AS AMENDED BY THE SENATE

 

                                                       Passed Legislature - 1993 Regular Session

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By House Committee on Energy & Utilities (originally sponsored by Representatives Grant, Casada and Miller)

 

Read first time 03/03/93.

 

Changing telephone relay service provisions.


          AN ACT Relating to telephone relay service; amending RCW 43.20A.725; and declaring an emergency.

 

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

 

        Sec. 1.  RCW 43.20A.725 and 1992 c 144 s 3 are each amended to read as follows:

          (1) The department shall maintain a program whereby TTs, signal devices, ((a 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,)) under the standards established in subsection (11) of this section 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 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 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 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 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 TTs, signal devices, and amplifying accessories from recipients who have been provided with the equipment without cost and who are moving from this state or who for other reasons are no longer using them.

          (4) Pursuant to recommendations of the 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 on or before 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 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 TRS program advisory committee, the ((amount of money)) budget 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)) The budget proposed by the office, together with documentation and supporting materials, shall be submitted to the office of financial management for review and approval.  The approved budget 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 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 TRS excise tax shall not exceed ((ten)) nineteen 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 TRS excise tax shall be separately identified on each ratepayer's bill with the following statement:  "Funds federal ADA requirement."  All proceeds from the TRS excise tax shall be put into a fund to be administered by the office through the department.

          (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.

          (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 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 TRS program from within the department, by telecommunications companies, and by a private, nonprofit corporation, and means to limit demand for system usage.

          (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.

          (11)(a) The department shall provide TTs, signal devices, and amplifying accessories to a person eligible under subsection (1) of this section at no charge in addition to the basic exchange rate if:

          (i) The person is eligible for participation in the Washington telephone assistance program under RCW 80.36.470;

          (ii) The person's annual family income is equal to or less than one hundred sixty-five percent of the federal poverty level; or

          (iii) The person is a child eighteen years of age or younger with a family income less than or equal to two hundred percent of the federal poverty level.

          (b) A person eligible under subsection (1) of this section with a family income greater than one hundred sixty-five percent and less than or equal to two hundred percent of the federal poverty level shall be assessed a charge for the cost of TTs, signal devices, and amplifying accessories based on a sliding scale of charges established by rule adopted by the department.

          (c) The department shall charge a person eligible under subsection (1) of this section whose income exceeds two hundred percent of the federal poverty level the cost to the department of purchasing the equipment provided to that person.

          (d) The department may waive part or all of the charges assessed under this subsection if the department finds that (i) the eligible person requires telebraille equipment or other equipment of similar cost and (ii) the charges normally assessed for the equipment under this subsection would create an exceptional or undue hardship on the eligible person.

          (e) For the purposes of this subsection, certification of family income by the eligible person or the person's guardian or head of household is sufficient to determine eligibility.

 

          NEW SECTION.  Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

 


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