AN ACT Relating to the hearing impaired; and adding a new chapter to Title 43 RCW.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Commission" means the commission for the deaf and hearing impaired.

(2) "Commissioner" means the commissioner of the commission for the deaf and hearing impaired.

(3) "Deaf" means a condition of or person with severe or complete absence of auditory sensitivity where the primary effective receptive communication mode is visual or tactile or both.

(4) "Deaf community" means a cultural minority with distinct modes of visual and tactile communication, languages, and social mores.

(5) "Hearing impaired" means a condition of or person with some absence of auditory sensitivity with residual hearing which may be sufficient to process linguistic information through audition with or without amplification under favorable listening conditions, or a condition of or person with other auditory handicapping conditions.

NEW SECTION. Sec. 2. (1) There is created the commission for the deaf and hearing impaired, to consist of a commissioner and an advisory council as appointed in sections 3 through 5 of this act.

(2) The commission may apply for and accept on behalf of the state any federal, local, or private grants, bequests, gifts, or contributions to aid in the financing of any of the programs or policies of the commission.

(3) The commission may make agreements with other departments and agencies of the state and may contract with other individuals, organizations, corporations, associations, or other legal entities including private agencies, or any other departments or agencies of the federal government, the state, or any political subdivisions thereof, to carry out any of its functions and procedures.

(4) The commissioner shall make such rules as may be necessary to carry out the functions of said commission including, but not limited to, eligibility requirements for receipt of various services.

NEW SECTION. Sec. 3. (1) The secretary of social and health services shall appoint, with the approval of the governor, the commissioner. The commissioner shall devote his or her full time during business hours to the duties of the office. Every effort shall be made to locate and appoint a deaf or hearing impaired commissioner. The commissioner shall be experienced in the administration and delivery of services to deaf and hearing impaired persons, and shall be fluent in sign language.

(2) The commissioner shall be the executive and administrative head of the commission. The commissioner shall establish divisions and regional offices subject to appropriation. The commissioner may appoint and remove such directors, assistants, supervisors, consultants, and other agents as may be necessary in the performance of the duties of the position. Every effort shall be made to locate and appoint deaf and hearing impaired personnel.

(3) The commission shall serve as the principal agency of the state, on behalf of deaf and hearing impaired persons, shall advocate, provide, and coordinate promulgation of public policies, regulations, and programs, shall improve accessibility and quality of existing services and shall promote development of new services when necessary. In the performance of this function, the commission shall increase public awareness of deaf and hearing impaired individuals and shall provide services to the deaf and hearing impaired population including but not limited to interpreting services, telecommunication liaison services, information and referral, case management and social services, independent living services and access to telecommunication and assistive listening devices. The commission shall determine the extent and availability of services to deaf and hearing impaired individuals within the state, determine the need for further services, make recommendations to the governor and shall file a copy thereof with the secretary of state.

NEW SECTION. Sec. 4. (1) The governor shall appoint an advisory council of no fewer than twelve and no more than twenty members. Persons shall be eligible for appointment if their position, knowledge, or experience enables them to represent the concerns, needs, and recommendations of deaf and hearing impaired persons, and if they have been nominated by the commissioner. The majority of council members shall be deaf. At least one council member shall be hearing impaired. Each member shall serve for a term of four years.

(2) The commissioner shall nominate persons whose service will assure representation of the interests of parents, interpreters, the deaf community, and deaf and hearing impaired persons from all geographic areas of the state. The commissioner's nominations shall be names from a list provided by consumer groups and individuals representing such parents, interpreters, and deaf and hearing impaired persons.

Advisory council members shall elect a chairperson, shall meet at least eight times per year, and shall serve without compensation. They shall be reimbursed for expenses necessarily incurred in the performance of their duties.

NEW SECTION. Sec. 5. (1) The commission shall maintain and coordinate a state-wide interpreter referral service for use by any public and private agencies and individuals for any situations including emergencies.

(2) Departments and agencies of the state and other public and private agencies and individuals shall reimburse the commission where so required by the commission's regulations for the compensation and travel expenses of any interpreter appointed by the commission pursuant to this section, but said departments, agencies, and individuals shall not reimburse the commission for indirect costs or fringe benefits paid to such interpreter. The commission is authorized to treat reimbursements of prior year expenditures for the services of interpreters as reimbursements of current year expenditures for such services.

(3) The commission is authorized to work with the board of regents of any appropriate state educational institution or any private institutions to insure ongoing interpreter educational programs designed to increase the number of competent interpreters.

NEW SECTION. Sec. 6. The commission may purchase telecommunication devices for the deaf and may rent, lease, or sell such equipment to persons certified by the commission pursuant to its regulations as deaf or severely hearing impaired, at terms or prices which are fair and reasonable: PROVIDED, HOWEVER, That no such device shall be sold by the commission at a price less than one-half of the wholesale market price of such device prevailing at the time of sale. The commission shall create regulations to implement the provisions of this section. Such regulations shall include a schedule of fees to be charged for such rentals or sales and shall be based upon a consideration of the circumstances, need, and annual income of the deaf or severely hearing impaired person seeking such equipment.

NEW SECTION. Sec. 7. In order to facilitate appropriate delivery of state services to deaf and hearing impaired individuals the commission shall advise other agencies of the needs of deaf and hearing impaired persons and shall, subject to appropriation, provide such resources as other agencies reasonably request.

NEW SECTION. Sec. 8. All records pertaining to clients and applicants of the commission and all personal and medical information or records given or made available to the commission, including but not limited to, names and addresses of clients and applicants, shall be confidential and for the exclusive use of the commission in the discharge of its duties. The commission may publish information in statistical form without disclosing the identity of the clients or applicants involved.

NEW SECTION. Sec. 9. The hearing impaired commission fund is created in the custody of the state treasurer. All receipts, including those provided for in sections 2 and 6 of this act, shall be deposited into the fund. Expenditures from the fund may be used only for services for the deaf and hearing impaired as provided for in this act. Only the commissioner or the commissioner's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act shall constitute a new chapter in Title 43 RCW.