House File 2300
HOUSE FILE
BY PAULSEN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act to rename the dual party relay service and to establish an
2 equipment distribution program for persons with communication
3 impairments.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6116YH 80
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PAG LIN
1 1 Section 1. Section 477C.1, Code 2003, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 477C.1 TELECOMMUNICATIONS RELAY SERVICE AND EQUIPMENT
1 5 DISTRIBUTION PROGRAM == PURPOSE.
1 6 The general assembly finds that the provision of a
1 7 statewide telecommunications relay service and equipment
1 8 distribution program will further the public interest and
1 9 protect the health, safety, and welfare of the people of Iowa
1 10 through an increase in the availability of the telephone
1 11 system and specialized telecommunications devices. Many
1 12 persons who are deaf, hard=of=hearing, speech=impaired, or
1 13 have other physical, sensory, mobility, and cognitive
1 14 impairments are not able to utilize the telephone system or
1 15 telephone equipment without this type of service or such
1 16 devices. Therefore, it is the purpose of this chapter to
1 17 facilitate the development, operation, promotion, and funding
1 18 of a statewide telecommunications relay service, and the
1 19 planning, establishment, administration, and promotion of an
1 20 equipment distribution program designed to serve the needs of
1 21 persons with communication impairments.
1 22 Sec. 2. Section 477C.2, Code 2003, is amended by striking
1 23 the section and inserting in lieu thereof the following:
1 24 477C.2 DEFINITIONS.
1 25 As used in this chapter, unless the context otherwise
1 26 requires:
1 27 1. "Board" means the utilities board within the department
1 28 of commerce created in section 474.1.
1 29 2. "Council" means the telecommunications relay council
1 30 established in section 477C.5.
1 31 3. "Person with a communication impairment" means an
1 32 individual who has been certified by an appropriate
1 33 professional to be deaf, hard=of=hearing, or have a speech,
1 34 mobility, cognitive, or other sensory or physical impairment
1 35 that limits the individual's ability to use or access a
2 1 standard telephone for communication.
2 2 4. "Specialized telecommunications device" means any
2 3 assistive, supplemental, or adapted equipment used by a person
2 4 with a communication impairment to use or access the telephone
2 5 system.
2 6 5. "Telecommunications relay service" or "relay service"
2 7 means a communication service which provides a person with a
2 8 communication impairment access to the telephone system
2 9 functionally equivalent to the access available to persons who
2 10 do not have such impairments.
2 11 Sec. 3. Section 477C.3, Code 2003, is amended to read as
2 12 follows:
2 13 477C.3 DUAL PARTY TELECOMMUNICATIONS RELAY SERVICE.
2 14 With the advice of the council, the board shall plan,
2 15 establish, administer, and promote a statewide program to
2 16 provide dual party telecommunications relay service as
2 17 follows:
2 18 1. The board may enter into the necessary contracts and
2 19 arrangements with private entities to provide for the delivery
2 20 of relay service.
2 21 2. The relay service, to the extent reasonably possible,
2 22 shall allow persons with communication impairments to use the
2 23 telephone system in a manner and at a rate equivalent to
2 24 persons without communication who do not have such
2 25 impairments.
2 26 3. The relay service may be provided on a stand=alone
2 27 basis within the state, with other states, or with telephone
2 28 utilities providing relay service in other states.
2 29 4. The board may employ additional personnel, pursuant to
2 30 section 476.10, to plan, establish, administer, and promote
2 31 the relay service.
2 32 Sec. 4. Section 477C.4, Code 2003, is amended to read as
2 33 follows:
2 34 477C.4 TELECOMMUNICATIONS DEVICES FOR THE DEAF EQUIPMENT
2 35 DISTRIBUTION PROGRAM.
3 1 With the advice of the council, the board may plan,
3 2 establish, administer, and promote a program to secure,
3 3 finance, and distribute specialized telecommunications devices
3 4 for the deaf. The board may shall establish eligibility
3 5 criteria for persons with a communication impairment to
3 6 receive specialized telecommunications devices for the deaf,
3 7 including, but not limited to, requiring certification that
3 8 the recipient cannot use the telephone for communication
3 9 without a specialized telecommunications device for the deaf.
3 10 Sec. 5. Section 477C.5, Code 2003, is amended to read as
3 11 follows:
3 12 477C.5 DUAL PARTY TELECOMMUNICATIONS RELAY COUNCIL.
3 13 1. A dual party telecommunications relay council is
3 14 established, consisting of eleven members appointed by the
3 15 board. The council shall advise the board on all matters
3 16 concerning relay service and equipment distribution programs.
3 17 2. The council shall consist of:
3 18 a. Six consumers who have are persons with a communication
3 19 impairments impairment.
3 20 b. Two representatives from telephone companies.
3 21 c. One representative from the division of deaf services
3 22 of the department of human rights.
3 23 d. One representative from the office of the consumer
3 24 advocate of the department of justice.
3 25 e. One member of the board or a designee of the board.
3 26 3. Council members who are not state or local government
3 27 officers or employees shall be reimbursed for their necessary
3 28 and actual expenses incurred in performance of their duties
3 29 and shall receive a per diem of fifty dollars when the council
3 30 is meeting, payable from moneys available to the board
3 31 pursuant to section 477C.7.
3 32 Sec. 6. CODE EDITOR DIRECTIVE. The Code editor shall
3 33 correct any references to the telecommunications relay service
3 34 as the successor to the dual party relay service, including
3 35 grammatical constructions, anywhere else in the Iowa Code, in
4 1 any bills awaiting codification, and in any bills enacted by
4 2 the Eightieth General Assembly, 2004 Regular Session.
4 3 EXPLANATION
4 4 This bill provides for the establishment of a
4 5 telecommunications relay service and equipment distribution
4 6 program. The bill involves terminology changes and an
4 7 expanded scope from the dual party relay provisions currently
4 8 contained within Code chapter 477C.
4 9 The bill provides a statement of purpose section setting
4 10 forth the rationale for the program. The bill provides that a
4 11 statewide telecommunications relay service and equipment
4 12 distribution program will further the public interest and
4 13 protect the health, safety, and welfare of the people of Iowa
4 14 through an increase in the availability of the telephone
4 15 system and specialized telecommunications devices. The bill
4 16 provides that many persons who are deaf, hard=of=hearing,
4 17 speech=impaired, or otherwise impaired are not able to utilize
4 18 the telephone system or telephone equipment without such a
4 19 service or such devices, and that accordingly, the purpose of
4 20 the chapter is to facilitate the development, operation,
4 21 promotion, and funding of a statewide telecommunications relay
4 22 service, and the planning, establishment, administration, and
4 23 promotion of an equipment distribution program designed to
4 24 serve the needs of persons with communication impairments.
4 25 The bill provides that references to "dual party" relay
4 26 service shall be changed to "telecommunications" relay
4 27 service, and changes the definition of "communication
4 28 impairment" to a "person with a communication impairment".
4 29 The bill provides that a person with a communication
4 30 impairment means an individual who has been certified by an
4 31 appropriate professional to be deaf, hard=of=hearing, or have
4 32 a speech, mobility, cognitive, or other sensory or physical
4 33 impairment that limits the individual's ability to use or
4 34 access a standard telephone for communication. The bill
4 35 provides that a "telecommunications relay service" or "relay
5 1 service" means a communication service which provides a person
5 2 with a communication impairment access to the telephone system
5 3 functionally equivalent to the access available to persons who
5 4 do not have such impairments, and that a "specialized
5 5 telecommunications device" means any assistive, supplemental,
5 6 or adapted equipment used by a person with a communication
5 7 impairment to use or access the telephone system. The bill
5 8 provides for changes in several sections of Code chapter 477C
5 9 consistent with these revised definitions.
5 10 The bill additionally provides that, in regard to the
5 11 equipment distribution program, the board shall establish
5 12 eligibility criteria for persons to receive specialized
5 13 telecommunications devices. Currently, Code section 477C.4
5 14 provides that the board "may" establish such criteria. The
5 15 bill also provides, in regard to the telecommunications relay
5 16 council, that the six consumer members shall be persons with a
5 17 communication impairment. Currently, the requirement is
5 18 phrased "impairments".
5 19 The Code editor is directed to make all necessary changes
5 20 to existing provisions of the Code and prospective enactments
5 21 by the general assembly.
5 22 LSB 6116YH 80
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