Bill Text: OR SB111 | 2011 | Regular Session | Engrossed
Bill Title: Relating to audio newspaper services for persons with disabilities; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB111 Detail]
Download: Oregon-2011-SB111-Engrossed.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 592
A-Engrossed
Senate Bill 111
Ordered by the Senate March 17
Including Senate Amendments dated March 17
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for State Library)
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.
Establishes statewide audio newspaper service for individuals
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, and section 353, chapter 70, Oregon Laws 2007,
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, severely hard of hearing or severely 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 or a 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, as determined by a licensed physician
and by an audiologist or a vocational rehabilitation counselor of
the Department of Human Services, that require use of an
assistive telecommunication device to communicate effectively on
the telephone.
{ - (7) - } { + (8) + } 'Disability' means a physical
condition, as determined by a licensed physician 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) + } 'Hearing aid specialist' means a
person licensed to deal in hearing aids under ORS chapter 694.
{ + (10) 'Person who is blind' has the meaning given that
term in ORS 346.110.
(11) '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. + }
{ - (9) - } { + (12) + } '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.
{ - (10) - } { + (13) + } 'Recipient' means a person who
receives adaptive equipment, an assistive telecommunication
device or a signal device.
{ - (11) - } { + (14) + } 'Severely hard of hearing' means
a hearing loss, as determined by an audiologist or vocational
rehabilitation counselor of the Department of Human Services,
that requires use of an assistive telecommunication device to
communicate effectively on the telephone.
{ - (12) - } { + (15) + } 'Severely speech impaired' means
a speech disability, as determined by a 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.
{ - (13) - } { + (16) + } 'Signal device' means a
mechanical device that alerts a person who is deaf, deaf-blind or
severely hard of hearing of an incoming telephone call.
{ - (14) - } { + (17) + } '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.
{ - (15) - } { + (18) + } 'Telecommunications relay center'
means a facility authorized by the Public Utility Commission to
provide telecommunications relay service.
{ - (16) - } { + (19) + } 'Telecommunications relay
service' means the provision of voice and teletype communication
between users of some assistive telecommunication devices and
other parties.
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, and section 354, chapter 70,
Oregon Laws 2007, 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. It is
also recognized that present technology is available, but at
significant cost, that would allow these people to utilize
telecommunication equipment { + and audio newspaper services + }
in their daily activities. There is, therefore, a need to make
available such technology { + and services + } in the form of
assistive telecommunication devices { + and services + } and a
telecommunications relay service for people who are deaf,
severely hard of hearing or severely speech impaired or adaptive
equipment { + and audio newspaper services + } for people with
disabilities at no additional cost beyond normal telephone
service. The provision of assistive telecommunication devices and
a telecommunications relay service or adaptive equipment { + and
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, and section 355, chapter 70,
Oregon Laws 2007, 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, severely hard of hearing, severely speech
impaired or deaf-blind and establish a dual party relay system
making telephone service generally available to persons who are
deaf, severely hard of hearing, severely speech impaired or
deaf-blind.
(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
person 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, and section 357, chapter 70, Oregon
Laws 2007, 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, severely hard of hearing,
severely speech impaired or deaf-blind by a licensed physician,
audiologist, hearing aid specialist, speech-language pathologist
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 shall 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 Talking Book and Braille
library services. + }
SECTION 7. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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