68th OREGON LEGISLATIVE ASSEMBLY--1995 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 675

                         House Bill 2185

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Fiscal Policy Analysis
  Division, Department of Administrative Services)


                             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.

  Authorizes assessment of telecommunications providers to fund
telecommunications relay service to comply with federal Americans
with Disabilities Act.

                        A BILL FOR AN ACT
Relating to assessments for telecommunications relay service;
  creating new provisions; and amending section 9, chapter 290,
  Oregon Laws 1987.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this Act are added to and
made a part of sections 9 to 14, chapter 290, Oregon Laws
1987. + }
  SECTION 2.  { + (1) In order to provide funding for the
telecommunications relay service required by the federal
Americans with Disabilities Act, the Public Utility Commission
shall develop and implement an assessment system, using the
broadest possible funding base of all telecommunications
providers capable of accessing the telecommunications relay
service. The assessment system shall be equitable among
telecommunications providers, easy to understand and administer
and flexible enough to meet fluctuating telecommunications relay
service costs. The commission, by rule, shall determine the
amount of the assessment not later than January 1, 1996. All
moneys received by the commission pursuant to the assessment
system shall be paid into the Residential Service Protection
Fund.
  (2) Each telecommunications provider shall furnish to the
commission, at such times and in such manner as the commission
may prescribe, such information regarding the operations and
activities of the telecommunications provider as will enable the
commission to establish and administer the assessment system
required by this section.
  (3) The commission annually shall review the assessment and
balances in the Residential Service Protection Fund and may make
adjustments to the assessment to assure that the fund has
adequate resources but that the fund balance does not exceed six
months of projected expenses.
  (4) As used in this section, 'telecommunications provider '
means any corporation, company, individual or association of
individuals, or its lessees, trustees or receivers, that owns,
operates, manages or controls all or part of any plant or
equipment in this state for the provision of telecommunications
service, directly or indirectly to or for the public whether or
not such plan or equipment or part thereof is wholly within any
town or city. + }
  SECTION 3. Section 9, chapter 290, Oregon Laws 1987, as amended
by section 2, chapter 872, Oregon Laws 1991, 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
disabled person, other than a person who is hearing or speech
impaired, to communicate effectively on the telephone.
  (2) 'Applicant' means a person who applies for a
telecommunication device for the deaf or signal device.
  (3) '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 and Hearing
Association.
  (4) 'Deaf' means a hearing loss that requires use of a
telecommunication device for the deaf to communicate effectively
on the telephone.
  (5) 'Deaf-blind' means a hearing loss and a visual impairment
that requires use of a telecommunication device for the deaf to
communicate effectively on the telephone.
  (6) 'Disabled' means a physical condition other than hearing or
speech impairment that requires use of adaptive equipment to
utilize the telephone.
  (7) 'Recipient' means a person who receives adaptive equipment,
a telecommunication device for the deaf or a signal device.
  (8) 'Severely hearing impaired' means a hearing loss that
requires use of a telecommunication device for the deaf to
communicate effectively on the telephone.
  (9) 'Severely speech impaired' means a speech disability that
requires use of a telecommunication device for the deaf to
communicate effectively.
  (10) 'Signal device' means a mechanical device that alerts a
deaf, deaf-blind or severely hearing impaired person of an
incoming telephone call.
  (11) 'Speech or language pathologist' means a person who has a
master's degree or equivalency in speech or language pathology,
or both, and a Certificate of Clinical Competence issued by the
American Speech, Language and Hearing Association.
  (12) 'Telecommunication device for the deaf' means an
electrical device for use with a telephone that utilizes a
keyboard, acoustic coupler, display screen or braille display to
transmit and receive messages.
  (13) '  { - Telephone - }   { + Telecommunications + } relay
center' means a facility authorized by the Public Utility
Commission to provide
  { - telephone - }   { + telecommunications + } relay service.
  (14) '  { - Telephone - }   { + Telecommunications + } relay
service' means the provision of voice and teletype communication
between users of telecommunication devices for the deaf and other
parties.
  SECTION 4.  { + Nothing in the amendments to section 9, chapter
290, Oregon Laws 1987, by section 3 of this Act, affects the
provisions of section 16, chapter 290, Oregon Laws 1987. + }
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