Nevada § 427A.797 - Development and administration of program to provide devices for telecommunication and other assistive technology to persons with impaired speech or hearing; surcharge; creation and use of Account for Services for Persons With Impaired Speech or Hearing

§ 427A.797. Development and administration of program to provide devices for telecommunication and other assistive technology to persons with impaired speech or hearing; surcharge; creation and use of Account for Services for Persons With Impaired Speech or Hearing

1. The Division shall develop and administer a program whereby: (a) Any person who is a customer of a telephone company which provides service through

a local exchange or a customer of a company that provides wireless phone service and

who is certified by the Division to be deaf or to have severely impaired speech or

hearing may obtain a device for telecommunication or other assistive technology capable

of serving the needs of such persons at no charge to the customer beyond the rate

for basic service; (b) Any person who is deaf or has severely impaired speech or hearing may communicate

by telephone, including, without limitation, a wireless phone, or other means with

other persons through a dual-party relay system or other assistive technology; and (c) Interpreters are made available, when possible, to the Executive, Judicial and

Legislative Departments of State Government to assist those departments in providing

access to persons who are deaf or hard of hearing. The Division shall, to the extent money is available, employ one or more interpreters

in the unclassified service of the State for the purposes of this paragraph. 2. The program developed pursuant to subsection 1 must include the establishment of

centers for persons who are deaf or hard of hearing that provide services which must

include, without limitation: (a) Facilitating the provision and distribution of devices for telecommunication and

other assistive technology to persons with impaired speech or hearing; (b) Assisting persons who are deaf or have severely impaired speech or hearing in

accessing assistive devices, including, without limitation, hearing aids, electrolarynxes

and devices for telecommunication and other assistive technology; (c) Expanding the capacity for service using devices for telecommunication and other

assistive technology in areas where there is a need for such devices and technology

and services for persons with impaired speech or hearing are not available; (d) Providing instruction in language acquisition to persons determined by the center

to be eligible for services; and (e) Providing programs designed to increase access to education, employment and health

and social services. 3. A surcharge of not more than 8 cents per month is hereby imposed on each access

line of each customer to the local exchange of any telephone company providing such

lines in this State and on each personal wireless access line of each customer of

any company that provides wireless phone services in this State. The surcharge must be used to: (a) Cover the costs of the program; (b) Fund the centers for persons who are deaf or hard of hearing established pursuant

to subsection 2; (c) Cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800 ; and (d) Cover the costs of the compensation and other expenses of the Executive Director

of the Nevada Commission for Persons Who are Deaf and Hard of Hearing pursuant to NRS 427A.752 . The Public Utilities Commission of Nevada shall establish by regulation the amount

to be charged. Those companies shall collect the surcharge from their customers and transfer the

money collected to the Commission pursuant to regulations adopted by the Commission. 4. The Account for Services for Persons With Impaired Speech or Hearing is hereby

created within the State General Fund and must be administered by the Division. Any money collected from the surcharge imposed pursuant to subsection 3 must be

deposited in the State Treasury for credit to the Account. 5. The Division shall, in consultation with the Commission, designate annually an

amount of money in the Account to be used by the Division in that calendar year only

to cover the costs of the program developed pursuant to subsection 1. 6. After designating the amount of money to use pursuant to subsection 5, the Division

may use the remaining money in the Account only: (a) For the purchase, maintenance, repair and distribution of the devices for telecommunication

and other assistive technology, including the distribution of such devices and technology

to state agencies and nonprofit organizations; (b) To establish and maintain the dual-party relay system; (c) To reimburse telephone companies and companies that provide wireless phone services

for the expenses incurred in collecting and transferring to the Public Utilities Commission

of Nevada the surcharge imposed by the Commission; (d) For the general administration of the program developed and administered pursuant

to subsection 1; (e) To train persons in the use of the devices for telecommunication and other assistive

technology; (f) To fund the centers for persons who are deaf or hard of hearing established pursuant

to subsection 2; (g) To cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800 ; (h) To cover the costs of the program established pursuant to NRS 427A.610 to provide hearing aids to children who are hard of hearing; and (i) To cover the cost of the compensation and other expenses of the Executive Director

of the Nevada Commission for Persons Who Are Deaf and Hard of Hearing. 7. For the purposes of this section: (a) “ Account ” means the Account for Services for Persons With Impaired Speech or Hearing. (b) “ Device for telecommunication ” means a device which is used to send messages through the telephone system, including,

without limitation, the wireless phone system, which visually displays or prints messages

received and which is compatible with the system of telecommunication with which it

is being used. (c) “ Dual-party relay system ” means a system whereby persons who have impaired speech or hearing, and who have

been furnished with devices for telecommunication, may relay communications through

third parties to persons who do not have access to such devices.