hb655.html

07 HB 655/AP

House Bill 655 (AS PASSED HOUSE AND SENATE)

By: Representatives Smith of the 113th, Holt of the 112th, and Amerson of the 9th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of a hearing impaired person and the Georgia Service Center for Hearing Impaired Persons; to create the Georgia Commission on Hearing Impaired and Deaf Persons and provide for its members, powers, and duties; to amend Code Section 46-5-30 of the Official Code of Georgia Annotated, relating to the establishment, administration, and operation of a state-wide dual party telecommunications relay service for the hearing and speech impaired, so as to change certain provisions relating to authorized expenditures from the fund; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, is amended by revising Code Section 30-1-5, relating to a definition of a hearing impaired person and the Georgia Service Center for Hearing Impaired Persons, as follows:

"30-1-5.

(a) For purposes of this Code section, the term 'hearing impaired person' means any person whose hearing is totally impaired, is so seriously impaired as to prohibit the person from understanding oral communication spoken in a normal conversational tone, or as a result of either such impairment is severely speech impaired who, absent the aid of a hearing device, has any degree of impairment in the ability to apprehend sound.

(b) The Department of Human Resources shall establish a Georgia Service Center for Hearing Impaired Persons. The center shall provide services to hearing impaired persons, which services shall include, without being limited to:

(1) Telecommunications Devices for the Deaf (TDD) relay services using nonhearing impaired third parties to connect hearing impaired persons with nonhearing impaired persons;

(2) A full range of counseling services to hearing impaired persons and their immediate families including, without being limited to, family, marital, and individual counseling; drug and alcohol abuse support groups; and parenting skills groups; and

(3) Community outreach services to inform the general public and state and local government agencies regarding the services provided by the center.

(b)(1)(A) There is created the Georgia Commission on Hearing Impaired and Deaf Persons, which shall consist of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Assignments, and one member shall be appointed by the Speaker of the House of Representatives. At least two of the members shall be hearing impaired persons, and the remaining five members of the commission shall be selected from among parents of children who are hearing impaired persons, persons who are involved with hearing impaired persons or programs, and representatives of private providers of services to hearing impaired persons. Each commission member shall serve for a three-year term and until a successor is appointed and qualified. No member shall serve more than two consecutive terms. Any vacancy on the commission for any reason other than expiration of term shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

(B) The commission shall select one member as chairperson.

(C) The commission shall be attached to the Department of Human Resources for administrative purposes only as provided by Code Section 50-4-3.

(2) Members of the commission shall serve as such without compensation.

(3) The commission shall serve as the principal agency of the state to advocate on behalf of hearing impaired persons by working to ensure those persons have equal access to the services, programs, and opportunities available to others.

(4) The commission shall:

(A) Assist hearing impaired persons and parents of hearing impaired persons who are students in advocating for equal access to services, programs, and opportunities;

(B) Advise the Governor, General Assembly, commissioner of human resources, and commissioner of community health on the development of policies, programs, and services affecting hearing impaired persons and on the use of appropriate federal and state moneys for such purposes;

(D) Provide the Governor, General Assembly, commissioner of human resources, and commissioner of community health with a review of ongoing services, programs, and proposed legislation affecting hearing impaired persons;

(E) Advise the Governor, General Assembly, commissioner of human resources, and commissioner of community health on statutes, rules, and policies necessary to ensure that hearing impaired persons have equal access to benefits and services provided to individuals in this state;

(F) Recommend to the Governor, General Assembly, commissioner of human resources, and commissioner of community health legislation designed to improve the economic and social conditions of hearing impaired persons in this state;

(G) Propose solutions to problems of hearing impaired persons in the areas of education, employment, human rights, human services, health, housing, and other related programs;

(H) Work with other state and federal agencies and private organizations to promote economic development for hearing impaired persons; and

(I) Coordinate its efforts with other state and local agencies serving hearing impaired persons.

(5) The commission may appoint, subject to the availability of funds and approval of the Governor, an executive director who must be experienced in administrative activities and familiar with the problems and needs of hearing impaired persons. The commission may delegate to the executive director any powers and duties under this subsection that do not require commission approval. The executive director may be removed at any time by a majority vote of the commission. The executive director shall coordinate the provision of necessary support services to the commission with the Department of Human Resources. Subject to availability of funds, the executive director may employ and direct staff necessary to carry out commission mandates, policies, activities, and objectives.

(6) The commission may contract in its own name. Contracts must be approved by a majority of the members of the commission and executed by the chairperson and the executive director. The commission may apply for, receive, and expend in its own name grants and gifts of money consistent with the powers and duties specified in this subsection.

(7) The commission may prepare and distribute periodic reports to the Governor, General Assembly, commissioner of human resources, and commissioner of community health concerning the activities of the commission and the needs and concerns of hearing impaired persons."

SECTION 2.

Code Section 46-5-30 of the Official Code of Georgia Annotated, relating to the establishment, administration, and operation of a state-wide dual party telecommunications relay service for the hearing and speech impaired, is amended by revising subsection (c) as follows:

"(c) The commission shall require all local exchange telephone companies in this state, except those operated by telephone membership corporations, to impose a monthly maintenance surcharge on all residential and business local exchange access facilities. For the purpose of this subsection, 'exchange access facility' means the access from a particular telephone subscriber´s premise to the telephone system of a local exchange telephone company. 'Exchange access facility' includes local exchange company provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission. The amount of the surcharge shall be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this Code section and provide the services on an ongoing basis; however, in no case shall the amount exceed 20¢ per month. A maximum of 5¢ of this monthly surcharge per access line shall be utilized for a telecommunications equipment distribution program and a maximum of 1¢ of this monthly surcharge per access line shall be utilized to fund an audible universal information access service. If the projected cost of the operation of the relay service exceeds a monthly surcharge of 15¢ at any time, funding for the telecommunications equipment distribution program and the audible universal information access service will be reduced by the amount required to fully fund the relay service, under the existing cap of 20¢ for the period of time necessary. No additional fees other than the surcharge authorized by this subsection shall be imposed on any user of such relay or information access service. The local exchange companies shall collect the surcharge from their customers and transfer the moneys collected to a special fund to be held separate from all other funds. The fund shall be used solely for the administration and operation of the relay service, the information access service, and the telecommunications equipment distribution program and for other hearing technology and shall not be imposed, collected, or expended for any other purpose."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.