Bill Text: OR HB3273 | 2013 | Regular Session | Introduced
Bill Title: Relating to audio newspaper services for persons with disabilities; declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3273 Detail]
Download: Oregon-2013-HB3273-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3150
House Bill 3273
Sponsored by Representatives BERGER, KOMP; Senator MONNES
ANDERSON (at the request of National Federation of the Blind of
Oregon)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes statewide audio newspaper service for persons who
are blind or print-disabled.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to audio newspaper services for persons with
disabilities; amending sections 9, 10, 11, 12, 13 and 14,
chapter 290, Oregon Laws 1987; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 9, chapter 290, Oregon Laws 1987, as amended
by section 2, chapter 872, Oregon Laws 1991, section 32, chapter
280, Oregon Laws 1995, section 2, chapter 451, Oregon Laws 1995,
section 1, chapter 384, Oregon Laws 1999, section 1, chapter 28,
Oregon Laws 2007, section 353, chapter 70, Oregon Laws 2007,
section 2, chapter 78, Oregon Laws 2011, and section 1, chapter
264, Oregon Laws 2011, is amended to read:
{ + Sec. 9. + } As used in sections 9 to 14, chapter 290,
Oregon Laws 1987, unless the context requires otherwise:
(1) 'Adaptive equipment' means equipment that permits a person
with a disability, other than a person who is hard of hearing or
speech impaired, to communicate effectively on the telephone.
(2) 'Applicant' means a person who applies for an assistive
telecommunication device, adaptive equipment or a signal device.
(3) 'Assistive telecommunication device' means a device that
utilizes a keyboard, acoustic coupler, display screen, Braille
display, speakerphone or amplifier to enable people who are deaf,
deaf-blind, hard of hearing or speech impaired to communicate
effectively on the telephone.
{ + (4) 'Audio newspaper service' means a service that
enables persons who are blind and persons who are print-disabled
to gain access to newspapers and other publications using a
touch-tone telephone. + }
{ - (4) - } { + (5) + } 'Audiologist' means a person who
has a master's or doctoral degree in audiology and a Certificate
of Clinical Competence in audiology from the American
Speech-Language-Hearing Association.
{ - (5) - } { + (6) + } 'Deaf' means a profound hearing
loss, as determined by an audiologist, licensed physician, nurse
practitioner, hearing aid specialist or vocational rehabilitation
counselor of the Department of Human Services, that requires use
of an assistive telecommunication device to communicate
effectively on the telephone.
{ - (6) - } { + (7) + } 'Deaf-blind' means a hearing loss
and a visual impairment that require use of an assistive
telecommunication device to communicate effectively on the
telephone. For purposes of this subsection:
(a) A hearing loss must be determined by an audiologist,
licensed physician, nurse practitioner, hearing aid specialist or
vocational rehabilitation counselor of the Department of Human
Services.
(b) A visual impairment must be determined by a licensed
physician, nurse practitioner, vocational rehabilitation
counselor of the Department of Human Services or rehabilitation
instructor for persons who are blind.
{ - (7) - } { + (8) + } 'Disability' means a physical
condition, as determined by a licensed physician, nurse
practitioner or vocational rehabilitation counselor of the
Department of Human Services, other than hearing or speech
impairment that requires use of adaptive equipment to utilize the
telephone.
{ - (8) - } { + (9) + } 'Hard of hearing' means a hearing
loss, as determined by an audiologist, licensed physician, nurse
practitioner, hearing aid specialist or vocational rehabilitation
counselor of the Department of Human Services, that requires use
of an assistive telecommunication device to communicate
effectively on the telephone.
{ - (9) - } { + (10) + } 'Hearing aid specialist' means a
person licensed to deal in hearing aids under ORS chapter 694.
{ - (10) - } { + (11) + } 'Nurse practitioner' has the
meaning given that term in ORS 678.010.
{ + (12) 'Person who is blind' has the meaning given that
term in ORS 346.110. + }
{ + (13) 'Person who is print-disabled' means a person, other
than a person who is blind, who has a disability that requires
the person to read material in a format other than standard
print. + }
{ - (11) - } { + (14) + } 'Physician' means an applicant's
primary care physician or a medical specialist who is able to
determine an applicant's disability and to whom the applicant was
referred by the primary care physician.
{ - (12) - } { + (15) + } 'Recipient' means a person who
receives adaptive equipment, an assistive telecommunication
device or a signal device.
{ - (13) - } { + (16) + } 'Rehabilitation instructor for
persons who are blind' means an employee of the Commission for
the Blind who:
(a) Meets the minimum qualifications set by the commission to
assess adult clients referred for services;
(b) Develops individualized training programs; and
(c) Instructs and counsels clients of the commission on
adapting to sight loss.
{ - (14) - } { + (17) + } 'Signal device' means a
mechanical device that alerts a person who is deaf, deaf-blind or
hard of hearing of an incoming telephone call.
{ - (15) - } { + (18) + } 'Speech impaired' means a speech
disability, as determined by a licensed physician, nurse
practitioner, speech-language pathologist or vocational
rehabilitation counselor of the Department of Human Services,
that requires use of an assistive telecommunication device to
communicate effectively on the telephone.
{ - (16) - } { + (19) + } 'Speech-language pathologist'
means a person who has a master's degree or equivalency in
speech-language pathology and a Certificate of Clinical
Competence issued by the American Speech-Language-Hearing
Association.
{ - (17) - } { + (20) + } 'Telecommunications relay center'
means a facility authorized by the Public Utility Commission to
provide telecommunications relay service.
{ - (18) - } { + (21) + } 'Telecommunications relay
service' means a telephone transmission service that provides the
ability for an individual who has a hearing or speech disability
to engage in 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
disability to communicate using voice communication services by
wire or radio. ' Telecommunications relay service' includes, but
is not limited to:
(a) Services that enable two-way communication between an
individual using a text telephone or other nonvoice terminal
device and an individual not using such a device;
(b) Speech-to-speech services; and
(c) Non-English relay services.
SECTION 2. Section 10, chapter 290, Oregon Laws 1987, as
amended by section 3, chapter 872, Oregon Laws 1991, section 2,
chapter 384, Oregon Laws 1999, section 354, chapter 70, Oregon
Laws 2007, and section 2, chapter 264, Oregon Laws 2011, is
amended to read:
{ + Sec. 10. + } It is recognized that a large number of
people in this state, through no fault of their own, are unable
to utilize telecommunication equipment due to the inability to
hear or speak well enough or due to other disabilities { + or to
utilize newspaper services due to the inability to see well
enough + }. It is also recognized that present technology is
available, but at significant cost, that would allow these people
to utilize telecommunication equipment { + , or audio newspaper
services, + } in their daily activities. There is, therefore, a
need to make available such technology in the form of assistive
telecommunication devices and a telecommunications relay service
for people who are deaf, hard of hearing or speech
impaired { + , + } { - or - } adaptive equipment for people
with disabilities { + , or audio newspaper services for persons
who are blind and persons who are print-disabled, + } at no
additional cost beyond normal telephone service. The provision of
assistive telecommunication devices and a telecommunications
relay service { + , + }
{ - or - } adaptive equipment { + or audio newspaper
services + } would allow those formerly unable to use { + or
afford + } telecommunication systems to more fully participate in
the activities and programs offered by government and other
community agencies, as well as in their family and social
activities. The assistive telecommunication devices or adaptive
equipment would be provided on a loan basis to each recipient, to
be returned if the recipient moves out of the state.
SECTION 3. Section 11, chapter 290, Oregon Laws 1987, as
amended by section 4, chapter 872, Oregon Laws 1991, section 3,
chapter 384, Oregon Laws 1999, section 355, chapter 70, Oregon
Laws 2007, section 3, chapter 78, Oregon Laws 2011, and section
3, chapter 264, Oregon Laws 2011, is amended to read:
{ + Sec. 11. + } (1) With the advice of the Telecommunication
Devices Access Program Advisory Committee, the Public Utility
Commission shall establish and administer a statewide program to
purchase and distribute assistive telecommunication devices to
persons who are deaf, hard of hearing, speech impaired or
deaf-blind and establish a telecommunications relay service.
(2) With the advice of the Telecommunication Devices Access
Program Advisory Committee, the Public Utility Commission shall
establish and administer a statewide program to purchase and
distribute adaptive equipment to make telephone service generally
available to persons with physical disabilities.
{ + (3) With the advice of the Telecommunication Devices
Access Program Advisory Committee, the Public Utility Commission
shall provide a statewide audio newspaper service, to be
administered by the State Library with assistance from the
Commission for the Blind. + }
SECTION 4. Section 12, chapter 290, Oregon Laws 1987, as
amended by section 5, chapter 872, Oregon Laws 1991, and section
356, chapter 70, Oregon Laws 2007, is amended to read:
{ + Sec. 12. + } (1) A Telecommunication Devices Access
Program Advisory Committee { - shall be - } { + is + }
established to advise the Public Utility Commission concerning
matters of general development, implementation and administration
of the Telecommunication Devices Access Program.
(2) The Telecommunication Devices Access Program Advisory
Committee { + members + } shall { + be appointed by the Public
Utility Commission, and must + } include:
(a) { - Nine - } { + Ten + } consumers, including seven who
are deaf or hard of hearing, one who is speech impaired { + , one
who is blind + } and one who has a disability;
(b) One professional in the field of speech impairment, hearing
impairment or deafness or disability;
(c) One member of the Public Utility Commission or a designee
of the commission; and
(d) One representative from those telephone companies
interested in providing telecommunication devices access relay
services.
SECTION 5. Section 13, chapter 290, Oregon Laws 1987, as
amended by section 6, chapter 872, Oregon Laws 1991, and section
4, chapter 384, Oregon Laws 1999, is amended to read:
{ + Sec. 13. + } (1) The Public Utility Commission shall
employ a coordinator for the Telecommunication Devices Access
Program, who
{ - shall be - } { + is + } primarily responsible for:
(a) The distribution and maintenance of assistive
telecommunication devices and adaptive equipment;
(b) The provision of telecommunications relay services and
monitoring of those service providers; { - and - }
(c) Community outreach to locate potential beneficiaries of the
Telecommunication Devices Access Program { - . - } { + ; and
(d) The provision of the statewide audio newspaper service, to
be administered by the State Library with assistance from the
Commission for the Blind. + }
(2) The commission may contract with any governmental agency,
or other entity the commission considers to be qualified, to
assist the commission in the administration of sections 9 to 14,
chapter 290, Oregon Laws 1987.
SECTION 6. Section 14, chapter 290, Oregon Laws 1987, as
amended by section 1, chapter 115, Oregon Laws 1989, section 7,
chapter 872, Oregon Laws 1991, section 33, chapter 280, Oregon
Laws 1995, section 5, chapter 384, Oregon Laws 1999, section 2,
chapter 28, Oregon Laws 2007, section 357, chapter 70, Oregon
Laws 2007, and section 4, chapter 264, Oregon Laws 2011, is
amended to read:
{ + Sec. 14. + } (1)(a) In order to be eligible to receive
assistive telecommunication devices or adaptive equipment,
individuals must be certified as deaf, hard of hearing, speech
impaired or deaf-blind by a licensed physician, nurse
practitioner, audiologist, hearing aid specialist,
speech-language pathologist, rehabilitation instructor for
persons who are blind or vocational rehabilitation counselor of
the Department of Human Services. Certification implies that the
individual cannot use the telephone for expressive or receptive
communication.
(b) No more than one assistive telecommunication device or
adaptive equipment device may be provided to a household.
However, two assistive telecommunication devices or adaptive
equipment devices may be provided to a household if more than one
eligible person permanently resides in the household. Households
without any assistive telecommunication devices or adaptive
equipment shall be given priority over households with one
assistive telecommunication device or adaptive equipment device
when such devices are distributed.
(c) Sections 9 to 14, chapter 290, Oregon Laws 1987, do not
require a telecommunications utility to provide an assistive
telecommunication device to any person in violation of ORS
646.730.
(2)(a) In order to be eligible to receive adaptive equipment,
individuals must be certified to have the required disability by
a person or agency designated by the Public Utility Commission to
make such certifications. Certification implies that the
individual is unable to use the telephone.
(b) Sections 9 to 14, chapter 290, Oregon Laws 1987, do not
require a telecommunications utility to provide adaptive
equipment to any person in violation of ORS 646.730.
{ + (3) In order to be eligible to receive the statewide
audio newspaper service, individuals must be certified by the
State Library as eligible to receive the library's talking book
and Braille services. + }
SECTION 7. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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