H.B. 145 Enrolled

AMENDMENTS TO HEARING AND SPEECH
IMPAIRED TELECOMMUNICATIONS PROGRAM
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brent H. Goodfellow
Senate Sponsor: Howard A. Stephenson
Greg J. Curtis
LONG TITLE
General Description:
This bill expands the permissive uses of dedicated credits for provision of
telecommunications devices and services to hearing and speech impaired persons.
Highlighted Provisions:
This bill:
. defines terms;
. expands the permitted uses of a dedicated credit funded by a telephone surcharge for
services to the deaf, hard of hearing, and severely speech impaired to include
contracting with programs that train persons to serve as certified interpreters; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
54-8b-10, as last amended by Chapters 174 and 375, Laws of Utah 1997

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 54-8b-10 is amended to read:

54-8b-10. Imposing a surcharge to provide hearing and speech impaired persons
with telecommunication devices -- Definitions -- Procedures for establishing program --
Surcharge -- Administration and disposition of surcharge moneys.
(1) As used in this section:
(a) "Certified deaf or severely hearing or speech impaired person" means any state
resident who:
(i) is so certified by:
(A) a licensed physician[,];
(B) an otolaryngologist[,];
(C) a speech language pathologist[,];
(D) an audiologist[,]; or
(E) a qualified state agency; and [who also]
(ii) qualifies for assistance under any low income public assistance program administered
by a state agency.
(b) "Certified interpreter" means a person who is a certified interpreter under Title 53A,
Chapter 26a, Interpreter Services for the Hearing Impaired Act.
[(b)] (c) (i) "Telecommunication device" means any mechanical [telephone] adaptation
device [which] that enables a deaf or severely hearing or speech impaired person to use the
telephone [and which includes, but is not limited to:].
(ii) "Telecommunication device" includes:
[(i)] (A) telecommunication devices for the deaf (TDD);
[(ii)] (B) telephone amplifiers;
[(iii)] (C) telephone signal devices;
[(iv)] (D) artificial larynxes; and
[(v)] (E) adaptive equipment for TDD keyboard access.
(2) The commission shall hold hearings to establish a program whereby any certified
deaf or severely hearing or speech impaired customer of a telephone corporation [which] that
provides service through a local exchange may obtain a telecommunication device capable of

serving the customer at no charge to [him] the customer beyond the rate for basic service.
(3) The program described in Subsection (2) shall provide a dual party relay system using
third party intervention to connect a certified deaf or severely hearing or speech impaired person
with a normal hearing person by way of telecommunication devices designed for that purpose.
(4) (a) The commission shall impose a surcharge on each residence and business access
line of each customer to the local exchange of any telephone corporation providing such lines in
this state to cover the costs of:
(i) the program[.] described in Subsection (2); and
(ii) payments made under Subsection (5).
(b) The commission shall establish by rule the amount to be charged under this section,
which may not exceed 25 cents per residence and business access line.
(c) The telephone corporation shall collect the surcharge from its customers and transfer
the money collected to the commission under rules adopted by the commission.
(d) The surcharge shall be separately identified on customer bills.
(5) (a) Any money collected from the surcharge imposed under Subsection (4) shall be
deposited in the state treasury as [nonlapsing] dedicated credits to be administered as determined
by the Public Service Commission.
(b) These dedicated credits may be used only:
[(a)] (i) for the purchase, maintenance, repair, and distribution of [the devices for
telecommunication] telecommunication devices;
[(b)] (ii) for the acquisition, operation, maintenance, and repair of a dual party relay
system;
[(c)] (iii) to reimburse telephone corporations for the expenses incurred in collecting and
transferring to the commission the surcharge imposed by the commission;
[(d)] (iv) for the general administration of the program; [and]
[(e)] (v) to train persons in the use of [the] telecommunications devices[.]; and
(vi) by the commission to contract, in compliance with Title 63, Chapter 56, Utah
Procurement Code, with:

(A) an institution within the state system of higher education listed in Section 53B-1-102
for a program approved by the Board of Regents that trains persons to qualify as certified
interpreters; or
(B) the Division of Services to the Deaf and Hard of Hearing for a program that trains
persons to qualify as certified interpreters.
(c) (i) The commission shall make rules under Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, for the administration of monies under Subsection (5)(b)(vi).
(ii) In the initial rulemaking to determine the administration of monies under Subsection
(5)(b)(vi), the commission shall give notice and hold a public hearing.
(d) Monies received by the commission under Subsection (4) are nonlapsing.
(6) (a) The telephone surcharge need not be collected by a local exchange company if the
amount collected would be less than the actual administrative costs of the collection. [In that
case,]
(b) If Subsection (6)(a) applies, the local exchange company shall submit to the
commission, in lieu of the revenue from the surcharge collection, a breakdown of the anticipated
costs and the expected revenue from the collection, showing that the costs exceed the revenue.
(7) The commission shall solicit the advice, counsel, and physical assistance of severely
hearing or speech impaired persons and the organizations serving them in the design and
implementation of the program.