AN ACT Relating to persons unable to use customary telephones; amending RCW 43.20A.720, 43.20A.725, and 43.20A.730; creating a new section; and repealing section 7, chapter 304, Laws of 1987 (uncodified).

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

NEW SECTION. Sec. 1. The legislature finds that provision of telecommunications devices and relay capability for hearing impaired persons is an effective and needed service which should be continued. The legislature further finds that the same devices and relay capability can serve and should be extended to serve speech impaired persons.

Sec. 2. Section 2, chapter 304, Laws of 1987 and RCW 43.20A.720 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 unable to speak or certified to have a speech impairment limiting their access to telecommunications.

"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 relay system" is a service for hearing and speech impaired people who have a TDD to call someone who does not have a TDD or vice versa. The service consists of several telephones being utilized by TDD relay service operators who receive either TDD or voice phone calls. If a TDD relay service operator 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 to voice and typing what is voiced into the TDD to be read by the ((~~deaf~~)) hearing or speech impaired caller. This process can also be reversed with a hearing person calling a deaf person through the TDD relay service.

"Qualified trainer" is a person who is knowledgeable about TDDs, 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. 3. Section 3, chapter 304, Laws of 1987 and RCW 43.20A.725 are each amended to read as follows:

(1) The department shall ((~~design and implement~~)) maintain a program whereby TDDs, signal devices, a TDD relay system, 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 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 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, 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) TDDs, signal devices, and amplifying accessories shall be made available to qualified recipients ((~~by December 1, 1987~~)).

(4) The office shall establish a policy determining the ultimate ownership and responsibility for the recovery of TDDs, signal devices, and amplifying accessories from recipients who are moving from this state.

(5) The program will be funded by telecommunications devices for the deaf (TDD) excise tax applied to each switched access line provided by the local exchange companies. The office shall determine the amount of money needed to fund the program. That information shall be given to the utilities and transportation commission. The utilities and transportation commission shall then determine the amount of TDD excise tax to be placed on each access line. The TDD excise tax shall not exceed ten cents per month per access line. The TDD excise tax shall be separately identified on each ratepayer's bill as "Telecommunications devices funds for deaf and hearing and speech impaired." All proceeds from the TDD excise tax will be put into a fund to be administered by the office through the department.

(6) 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) The department shall study the scope and operation of the TDD program and report to the senate and house of representatives committees on energy and utilities by December 1, 1990. The study shall include examination of like programs in other states, usage data, especially of the relay system, alternative methods of financing the program, alternative methods of using the telecommunications system, and means to limit demand for system usage.

Sec. 4. Section 4, chapter 304, Laws of 1987 and RCW 43.20A.730 are each amended to read as follows:

(1) The department advisory committee on deafness shall establish a TDD advisory committee to ((~~study the feasibility of implementing a state-wide telecommunications relay system~~)) oversee operation of the TDD program. The TDD advisory committee shall consist of individuals from hearing and speech impaired communities, representatives from the department, utilities and transportation commission, agencies and services serving the hearing and speech impaired, and local exchange companies in the state. ((In order to develop and implement a state-wide relay system providing cost-effective relay centers at a reasonable cost and that will meet the requirements of the hearing impaired, the TDD advisory committee shall investigate options, conduct public hearings to determine the most cost-effective method of creating a state-wide relay system providing relay centers to the hearing impaired, and solicit the advice, counsel, and assistance of interested parties and nonprofit consumer organizations for hearing impaired persons state-wide. Such committee shall begin the study within thirty days of July 26, 1987, to be completed within six months after the study begins.)) The TDD advisory committee, shall also, in conjunction with the department, monitor the activities and moneys that ((~~is [are]~~)) are being spent by the department ((~~for the program herein~~)) in implementing and operating the telecommunications relay system. The committee shall report system status, including expenses, together with any recommendations, in December of each year to the senate and house of representatives committees on energy and utilities.

(2) ((Pursuant to the recommendations of the TDD advisory committee, the office shall implement a program whereby relay centers will be provided state-wide using operator intervention to connect hearing impaired persons and offices of organizations representing the hearing impaired, as determined and specified by the TDD advisory committee pursuant to subsection (4) of this section, and connect hearing persons within six months after the office receives the recommendations.

(3) The program will be funded by telecommunications devices for the deaf (TDD) excise tax applied to each switched access line provided by the local exchange companies. The office shall determine the amount of money needed to fund the program. That information shall be given to the utilities and transportation commission. The utilities and transportation commission shall then determine the amount of TDD excise tax to be placed on each access line. The TDD excise tax shall not exceed ten cents per month per access line. The TDD 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 excise tax will be put into a fund to be administered by the office through the department.

~~(4)~~)) The TDD 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.

(((5) The office shall establish a policy determining the ultimate ownership and responsibility for the recovery of TDDs, signal devices, and amplifying accessories from recipients who are moving from this state.

(7) A study will be authorized to determine the number of hearing impaired people who have party lines and the costs of converting them to single lines. The TDD advisory committee will report the study findings to the utilities and transportation commission. The study will be completed by the TDD advisory committee within a year of July 26, 1987.))

NEW SECTION. Sec. 5. Section 7, chapter 304, Laws of 1987 (uncodified) is repealed.