AN
ACT Relating to telecommunications devices and services for the hearing or
speech impaired; and amending RCW 43.20A.720 and 43.20A.725.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.20A.720 and 1992 c 144 s 2 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this section and RCW 43.20A.725.
(1)
"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.
(2)
"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 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.
"Telecommunications
relay service (TRS)" is a service for hearing and speech impaired people
who have a TT to call someone who does not have a TT or vice versa. The
service consists of several telephones being utilized by TRS communications
assistants who receive either TT or voice phone calls. If a 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 TT to voice and
typing what is voiced into the 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 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 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 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.))
(3)
"Department" means the department of social and health services.
(4)
"Office" means the office of deaf ((services)) and hard of
hearing within the state department of social and health services.
Sec.
2. RCW
43.20A.725 and 1998 c 245 s 59 are each amended to read as follows:
(1)
The department, through the sole authority of the office or its successor
organization, shall maintain a program whereby ((TTs, signal devices,
and amplifying accessories capable of serving the needs of the hearing and
speech impaired shall be provided under the standards established in subsection
(10) 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.)) who possesses a hearing
or speech impairment is provided with telecommunications equipment, software,
and/or peripheral devices, digital or otherwise, that is determined by the
office to be necessary for such a person to access and use telecommunications
transmission services effectively.
(2)
The department, through the sole authority of the office or its successor
organization, shall maintain a program where telecommunications relay services of
a human or electronic nature will be provided to connect hearing impaired,
deaf-blind, or speech impaired persons with persons who do not have a hearing
or speech impairment. Such telecommunications relay services shall provide the
ability for an individual who has a hearing or speech impairment to engage in
voice, tactile, or visual communication by wire or radio with a hearing
individual in a manner that is functionally equivalent to the ability of an
individual who does not have a hearing or speech impairment to communicate
using voice or visual communication services by wire or radio subject to
subsection (4)(b) of this section.
(3)
The telecommunications relay service and equipment distribution program may
operate in such a manner as to provide communications transmission
opportunities that are capable of incorporating new technologies that have
demonstrated benefits consistent with the intent of this chapter and are in the
best interests of the citizens of this state.
(4)
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 according to this section.
The relay service 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. The
relay system providers and telecommunications equipment vendors shall be
selected on the basis of cost-effectiveness and utility to the greatest extent
possible under the program and technical specifications established by the
office.
(a)
To the extent funds are available under the then-current rate and not otherwise
held in reserve or required for other purposes authorized by this chapter, the
office may award contracts for communications and related services and
equipment for hearing impaired or speech impaired individuals accessing or
receiving services provided by, or contracted for, the department to meet
access obligations under Title 2 of the federal Americans with disabilities act
or related federal regulations.
(b)
The office shall perform its duties under this section with the goal of
achieving functional equivalency of access to and use of telecommunications
services similar to the enjoyment of access to and use of such services
experienced by an individual who does not have a hearing or speech impairment
only to the extent that funds are available under the then-current rate and not
otherwise held in reserve or required for other purposes authorized by this
chapter.
(((7)))
(5) 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))
office's program advisory committee, the 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. 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)) telecommunications
relay service 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)) telecommunications
relay service 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))
telecommunications relay service excise tax shall not exceed 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))
telecommunications relay service excise tax shall be separately
identified on each ratepayer's bill with the following statement: "Funds
federal ADA requirement." All proceeds from the ((TRS)) telecommunications
relay service 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 program shall be)) (6) The
telecommunications relay service program and equipment vendors shall provide
services and equipment 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.
(((10)(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.))
(7)
The department shall adopt rules establishing eligibility criteria, ownership
obligations, financial contributions, and a program for distribution to individuals
requesting and receiving such telecommunications devices distributed by the
office, and other rules necessary to administer programs and services
consistent with this chapter.
