AN ACT Relating to the office of hearing impaired services; adding new sections to chapter 43.20A RCW; and creating new sections.

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

NEW SECTION. Sec. 1. PURPOSE. The office of hearing impaired services is established to provide a single state agency with authority to integrate and coordinate all those activities involving provision of care, well-being, education, and services for hearing impaired persons such that hearing impaired persons' participation in the fields of government, business, and education is assured.

NEW SECTION. Sec. 2. DEFINITIONS. (1) "Office" means the office of hearing impaired services.

(2) "Director" means the director of the office of hearing impaired services.

(3) "Hard-of-hearing" 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.

(4) "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.

(5) "Deaf-blind" means a condition of or person that has been described or identified that is either hard-of-hearing or deaf having vision impairment of sufficient limitations that cannot be corrected by optometric means.

(6) "Hearing impaired" is a condition of or person that has been described or identified as being hard-of-hearing, deaf, or deaf-blind.

(7) "Hearing impaired community" means a cultural minority with distinct communication usage, languages, and social mores.

(8) "Mode of communication" means an ability to communicate by the use of any of the common communication mediums widely used in the hearing impaired community: Articulation, dactylcition, tactulation, and literation.

(9) "Interpreter" means a person that has exceptional skill and experience converting articulated communication into another mode of communication that is used and understood by the hearing impaired community and vice versa.

NEW SECTION. Sec. 3. OFFICE CREATED. There is hereby created an office of state government to be known as the office of hearing impaired services. Powers, duties, and functions shall include, but not be limited to, all those powers, duties, and functions involving cooperation, coordination, contracts, and agreements with other governmental units, such as cities or counties, or the state or federal government, in particular participation in any grant-in-aid programs, either public or private.

NEW SECTION. Sec. 4. DIRECTOR OF HEARING IMPAIRED SERVICES. The executive head and appointing authority of the office shall be the director of hearing impaired services. The secretary of the department of social and health services will, in all instances of vacancy, appoint a seven-member ad hoc advisory committee consisting of representatives of state-wide hearing impaired consumer organizations to seek out and recommend qualified individuals to the secretary of the department of social and health services for the position of director of the office of hearing impaired services. Every effort shall be made to locate a hearing impaired person for the position. The appointee must have the ability to use the many modes of communication used in the hearing impaired community. The director shall be compensated in accordance with the provisions of chapter 43.03.

NEW SECTION. Sec. 5. DIRECTOR'S POWERS AND DUTIES. It is the intent of the legislature to place the internal affairs of the office under the control of the director in order that the director may have the flexibility to respond to contemporary circumstances. Therefore, whenever the director's authority is not specifically limited by law, the director shall have complete charge and supervisory powers over the office. The director is authorized to create such administrative structures as may be appropriate, except as otherwise specified by law. The director shall have the power to employ such assistants, interpreters, and personnel as may be necessary for the general administration of the office: PROVIDED, That except as elsewhere specified, such employment is in accordance with the rules of the state civil service law, chapter 41.06 RCW.

NEW SECTION. Sec. 6. OFFICE DIVISIONS. The office of hearing impaired services shall be subdivided into divisions. Except as otherwise specified or as federal requirements may differently require, these divisions shall be established and organized in accordance with plans to be prepared by the director and approved by the secretary of social and health services. In preparing such plans, the director shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of various government agencies.

NEW SECTION. Sec. 7. DIRECTOR'S DELEGATION OF POWERS AND DUTIES. Any power or duty vested in or transferred to the director by law, or executive order, may be delegated to subordinates; but the director shall be responsible for the official acts of the officers and employees of the office.

NEW SECTION. Sec. 8. COMMITTEES AND COUNCILS‑-DECLARATION OF PURPOSE. The legislature declares that citizen involvement with and participation in the planning and programs of the office of hearing impaired services are essential in order that the public may better understand the operations of the office. Therefore, the office staff may obtain the views and opinions of concerned and affected citizens. As a result of the creation of the office of hearing impaired services, and as a further result of any legislative mandate to the office to organize and deliver services in a manner responsive to changing needs and conditions, it is necessary to provide for the creation and functioning of the various committees and councils as needed. Therefore, the office staff may obtain the views and opinions of concerned and affected citizens.

NEW SECTION. Sec. 9. COMMITTEES AND COUNCILS‑-APPOINTMENTS, MEMBERSHIPS, TERMS, TRAVEL EXPENSES. (1) The governor shall appoint an advisory council on services to the hearing impaired composed of fifteen citizens recommended by hearing impaired consumer organizations, taking care to assure geographical representation. The secretary of social and health services may appoint committees in each state service delivery region whose committee members will be recommended by hearing impaired consumer organizations within each respective region.

(2) The members of the advisory committees or councils shall hold office for three years, except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs. The members of the advisory committees or councils shall elect a chairperson and meet at least four times a year.

(3) Members of the state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060, as now existing or hereafter amended.

NEW SECTION. Sec. 10. GIFTS. The director may receive on behalf of the state, for the benefit of hearing impaired persons, gifts, bequests, devices, and legacies of real or personal property and use them in accordance with the wishes of the donors managing, using, and disposing of them in the best interests of hearing impaired persons.

NEW SECTION. Sec. 11. Section captions as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 12. Sections 2 through 7 and 9 and 10 of this act are each added to chapter 43.20A RCW.