H. B. 2092


(By Delegate Spencer)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-e, relating to defining certain terms related to telecommunication devices for the deaf; requiring the public service commission to recover certain costs, promulgate rules, and make certain services available to certain language and speech-impaired persons; and requiring the department of health and human resources to distribute telecommunication devices for the deaf to eligible persons.

Be it enacted by the Legislature of West Virginia:
That chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article two-e, to read as follows:
ARTICLE 2E. TEXT TELEPHONES FOR CERTAIN HEARING-IMPAIRED AND SPEECH-IMPAIRED SUBSCRIBERS TO TELEPHONE SERVICE.

§24-2E-1. Definitions.

As used in this article:
"Hearing-impaired" means severe to profound impairment of the sense of hearing, whereby the use of a telephone is unattainable with or without amplification, and visual communication is used as the primary mode of communication.
"Speech-impaired" means a severe to profound impairment of the ability to speak, whereby the use of a telephone is unattainable, and visual communication is used as the primary mode of communication.
"Text telephone" means a machine, used by hearing-impaired or speech-impaired individuals, which employs graphic communication in the transmission of coded signals through telecommunications, and is synonymous with the terms "telecommunications device for the deaf" or "TDD."
§24-2E-2. Availability of text telephones to certain hearing- impaired and speech-impaired subscribers of telephone service; determination of eligibility; promulgation of rules.

(a) The public service commission shall establish rules governing the availability of text telephones to hearing-impaired and speech-impaired subscribers to telephone service based upon financial need. In addition, the public service commission shall establish rules providing for the recovery of the costs of such text telephones through a surcharge on access telephone lines or their equivalent, not to exceed two cents per access line orequivalent. All such rules shall be promulgated pursuant to section seven, article one of this chapter and adopted within one hundred eighty days of the effective date of this article.
(b) The department of health and human resources shall establish rules governing the procedures for the application by hearing-impaired and speech-impaired persons for text telephones under this article, governing the determination on a continuing basis by the department of health and human resources of the eligibility of such persons, and governing the purchase and distribution of text telephones. Such eligibility and distribution shall be in accordance with the rules governing availability promulgated by the public service commission under this section. The rules of the department of health and human resources shall initially be adopted and filed in the state register within one hundred eighty days of the effective date of this article and shall not otherwise be subject to the requirements of chapter twenty-nine-a of this code. The rules initially adopted shall become effective immediately upon filing in the state register and remain in effect until supplanted by legislative rules promulgated pursuant to chapter twenty-nine-a of this code. Final approved legislative rules shall be submitted by the department of health and human resources to the legislative rule-making review committee on or before the first day of August, one thousand nine hundred ninety-four.



NOTE: The purpose of this bill is to require the public service commission to promulgate rules to recover certain costs to provide for a telecommunications device for the deaf program in this state. The bill requires the Department of Health and Human Resources to distribute the devices to eligible persons.

This article is new; therefore, strike-throughs and underscoring have been omitted.