House File 2576
HOUSE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO HF 2513)
(SUCCESSOR TO HF 2228)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act to establish an audio news and information services
2 program within the department for the blind, to establish an
3 equipment distribution program, to rename the dual party relay
4 service, and providing a contingent effective date.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5316HZ 80
7 kk/sh/8
PAG LIN
1 1 Section 1. Section 216B.3, Code Supplement 2003, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 18. Plan, establish, administer, and
1 4 promote a statewide program to provide audio news and
1 5 information services to blind or visually impaired persons
1 6 residing in this state.
1 7 a. The commission may enter into necessary contracts and
1 8 arrangements with the national federation for the blind to
1 9 provide for the delivery of newspapers over the telephone,
1 10 furnished by the national federation for the blind.
1 11 b. The commission may enter into necessary contracts and
1 12 arrangements with the Iowa radio reading information service
1 13 for the blind and print handicapped to provide for the
1 14 delivery of newspapers, magazines, and other printed materials
1 15 over the radio, furnished by the Iowa radio reading
1 16 information service for the blind and print handicapped.
1 17 Sec. 2. Section 216B.4, unnumbered paragraph 1, Code 2003,
1 18 is amended to read as follows:
1 19 The director may accept financial aid from the government
1 20 of the United States for carrying out rehabilitation and
1 21 physical restoration of the blind and for providing library,
1 22 news, and information services to persons who are blind and
1 23 persons with physical disabilities.
1 24 Sec. 3. Section 477C.1, Code 2003, is amended by striking
1 25 the section and inserting in lieu thereof the following:
1 26 477C.1 TELECOMMUNICATIONS RELAY SERVICE AND EQUIPMENT
1 27 DISTRIBUTION PROGRAM == PURPOSE.
1 28 1. The general assembly finds that the provision of a
1 29 statewide telecommunications relay service will further the
1 30 public interest and protect the health, safety, and welfare of
1 31 the people of Iowa through an increase in the usefulness and
1 32 availability of the telephone system. Many persons who are
1 33 deaf, hard=of=hearing, or have speech impairments are not able
1 34 to utilize the telephone system without this type of service.
1 35 Therefore, it is the purpose of this chapter to enable the
2 1 orderly development, operation, promotion, and funding of a
2 2 statewide telecommunications relay service.
2 3 2. The general assembly further finds that a statewide
2 4 equipment distribution program furthers the public interest
2 5 and protects the health, safety, and welfare of the people of
2 6 Iowa through an increase in the availability of specialized
2 7 telecommunications devices. Many persons who are deaf, hard=
2 8 of=hearing, speech impaired, or have other physical, sensory,
2 9 mobility, and cognitive impairments are not able to use the
2 10 telephone without these devices. Therefore, it is the purpose
2 11 of this chapter to enable the board to plan, establish,
2 12 administer, and promote an equipment distribution program
2 13 designed to serve the needs of persons with communication
2 14 impairments.
2 15 Sec. 4. Section 477C.2, Code 2003, is amended by striking
2 16 the section and inserting in lieu thereof the following:
2 17 477C.2 DEFINITIONS.
2 18 As used in this chapter, unless the context otherwise
2 19 requires:
2 20 1. "Board" means the utilities board within the department
2 21 of commerce created in section 474.1.
2 22 2. "Council" means the telecommunications relay council
2 23 established in section 477C.5.
2 24 3. "Person with a communication impairment" means an
2 25 individual who has been certified by an appropriate
2 26 professional to be deaf, hard=of=hearing, or have a speech,
2 27 cognitive, mobility, sensory, or physical impairment that
2 28 limits the individual's ability to use or access a standard
2 29 telephone for communication.
2 30 4. "Specialized telecommunications device" means any
2 31 assistive, supplemental, or adapted equipment used by a person
2 32 with a communication impairment to use or access the telephone
2 33 system.
2 34 5. "Telecommunications relay service" or "relay service"
2 35 means a communication service which provides a person with a
3 1 hearing or speech impairment access to the telephone system
3 2 functionally equivalent to the access available to persons who
3 3 do not have such impairments.
3 4 Sec. 5. Section 477C.3, Code 2003, is amended to read as
3 5 follows:
3 6 477C.3 DUAL PARTY TELECOMMUNICATIONS RELAY SERVICE.
3 7 With the advice of the council, the board shall plan,
3 8 establish, administer, and promote a statewide program to
3 9 provide dual party telecommunications relay service as
3 10 follows:
3 11 1. The board may enter into the necessary contracts and
3 12 arrangements with private entities to provide for the delivery
3 13 of relay service.
3 14 2. The relay service, to the extent reasonably possible,
3 15 shall allow persons with communication hearing or speech
3 16 impairments to use the telephone system in a manner and at a
3 17 rate equivalent to persons without communication who do not
3 18 have such impairments.
3 19 3. The relay service may be provided on a stand=alone
3 20 basis within the state, with other states, or with telephone
3 21 utilities providing relay service in other states.
3 22 4. The board may employ additional personnel, pursuant to
3 23 section 476.10, to plan, establish, administer, and promote
3 24 the relay service.
3 25 Sec. 6. Section 477C.4, Code 2003, is amended to read as
3 26 follows:
3 27 477C.4 TELECOMMUNICATIONS DEVICES FOR THE DEAF EQUIPMENT
3 28 DISTRIBUTION PROGRAM.
3 29 With the advice of the council, the board may plan,
3 30 establish, administer, and promote a program to secure,
3 31 finance, and distribute specialized telecommunications devices
3 32 for the deaf. The board may establish eligibility criteria
3 33 for persons with a communication impairment to receive
3 34 specialized telecommunications devices for the deaf,
3 35 including, but not limited to, requiring certification that
4 1 the recipient cannot use the telephone for communication
4 2 without a specialized telecommunications device for the deaf.
4 3 Sec. 7. Section 477C.5, Code 2003, is amended to read as
4 4 follows:
4 5 477C.5 DUAL PARTY TELECOMMUNICATIONS RELAY COUNCIL.
4 6 1. A dual party telecommunications relay council is
4 7 established, consisting of eleven twelve members appointed by
4 8 the board. The council shall advise the board on all matters
4 9 concerning relay service and equipment distribution programs.
4 10 2. The council shall consist of:
4 11 a. Six Seven consumers who have are persons with a
4 12 communication impairments impairment.
4 13 b. Two representatives from telephone companies.
4 14 c. One representative from the division of deaf services
4 15 of the department of human rights.
4 16 d. One representative from the office of the consumer
4 17 advocate of the department of justice.
4 18 e. One member of the board or a designee of the board.
4 19 3. Council members who are not state or local government
4 20 officers or employees shall be reimbursed for their necessary
4 21 and actual expenses incurred in performance of their duties
4 22 and shall receive a per diem of fifty dollars when the council
4 23 is meeting, payable from moneys available to the board
4 24 pursuant to section 477C.7.
4 25 Sec. 8. CONTINGENT EFFECTIVE DATE. Section 1 of this Act
4 26 establishing an audio news and information services program
4 27 shall take effect only if funding is specifically appropriated
4 28 to the department for the blind for that purpose. The
4 29 department for the blind shall notify the Code editor if such
4 30 an appropriation is made.
4 31 Sec. 9. CODE EDITOR DIRECTIVE. The Code editor shall
4 32 correct any references to the telecommunications relay service
4 33 as the successor to the dual party relay service, including
4 34 grammatical constructions, anywhere else in the Code, in any
4 35 bills awaiting codification, and in any bills enacted by the
5 1 Eightieth General Assembly, 2004 Regular Session.
5 2 EXPLANATION
5 3 This bill establishes a program within the department for
5 4 the blind to provide news and information services by radio
5 5 and telephone access to blind and visually impaired persons
5 6 who reside in this state. The bill also establishes an
5 7 equipment distribution program and renames the dual party
5 8 relay service.
5 9 The bill grants administrative authority over the audio
5 10 news and information service program to the commission for the
5 11 blind. The commission may enter into an agreement to access
5 12 the existing newsline services of the national federation for
5 13 the blind and the Iowa radio reading information service for
5 14 the blind and print handicapped. The section of the bill
5 15 establishing the program shall only become effective if
5 16 funding is specifically appropriated to the department for the
5 17 blind for this program.
5 18 The bill broadens and renames the dual party relay service.
5 19 The bill broadens who may access the service by expanding the
5 20 types of impairments a person may have to qualify for services
5 21 under the program. To qualify a person must be certified by a
5 22 professional to be deaf, hard=of=hearing, or have a speech,
5 23 cognitive, mobility, sensory, or physical impairment that
5 24 limits the person's ability to access a standard telephone.
5 25 The bill renames the dual party relay service and council as
5 26 the telecommunications relay service and council. The bill
5 27 provides for the distribution of specialized
5 28 telecommunications devices and expands the membership of the
5 29 council to include one additional consumer with a
5 30 communication impairment.
5 31 LSB 5316HZ 80
5 32 kk/sh/8