Section 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 Hearing1. 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.Added to NRS by 2009, 2384; A 2015, 888; 2017, 3580; 2019, 3046, 3934Amended by 2019, Ch. 601,§3.8, eff. 1/1/2020.Amended by 2019, Ch. 505,§4, eff. 7/1/2019.Amended by 2017, Ch. 528,§3, eff. 7/1/2017.Amended by 2015, Ch. 191,§2, eff. 7/1/2015.Added to NRS by 2009, 2384