HB 53 — AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO TELECOMMUNICATIONS SERVICE AND DEVICES FOR PERSONS WHO HAVE DEAFNESS, HEARING LOSS, OR SPEECH DISABILITIES.

Morrison HOUSE& OFSen. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Lockman TOReps. HOUSE BILL NO.

53Osienski, AMENDGriffith, HouseNeal, BillBurns, No.Ross Levin, Collins, Gorman, K.

53Johnson, onMorris, lineRomer, 17Wilson- byAnton, deletingBush, “analog”Snyder-Hall; as it appears therein and inserting in lieu thereof “analog”.

SYNOPSISSens. This Amendment clarifies that non-analog as well as analog devices may be provided by the Office of the Deaf and Hard of Hearing to provide access to telecommunications service by residents of Delaware with deafness, hearing loss, or speech disabilities.

Walsh, Hansen, Hoffner, Hocker, Paradee, Poore HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE BILL NO.

53 AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO TELECOMMUNICATIONS SERVICE AND DEVICES FOR PERSONS WHO HAVE DEAFNESS, HEARING LOSS, OR SPEECH DISABILITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend § 220, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 220.

Telecommunications service for persons who have deafness, hearing loss loss, or speech disabilities for wireline communications service and devices.

(a) All telephone corporations or any corporation supplying wireline communications service within this State shall participate in a program to provide telecommunications service for analog communication devices devices, and a telecommunications relay service service, and assistive devices for persons who have deafness, hearing loss loss, or speech disabilities.

disabilities related to or resulting from an individual being deaf or hard of hearing.

(b) Telephone corporations or corporations supplying wireline telephone service within this State shall impose a surcharge as set forth in this section to recover the cost of providing said service through a separately identified charge on subscribers’ bills as further outlined in subsection (e) of this section below.

The surcharge shall be subject to adjustment annually with notification to providers required at least 90 days in advance of the effective date of such adjustment.

The moneys recovered shall be deposited in a special fund created by the State for the purpose designated as the telecommunications service and devices for persons who have deafness, hearing loss loss, or speech disabilities.

(c) (1) The Delaware Office of the Deaf and Hard of Hearing of the Department of Labor is hereby directed to administer the program to provide access to public telecommunications service by residents of Delaware who have deafness, hearing loss loss, or speech disabilities using devices for analog communications.

communications, and to provide devices to facilitate communication or provide information pertaining to emergency services to residents of Delaware who have deafness, hearing loss, or speech disabilities.

The Office shall develop, accept, process, and approve applications for such service.

This program shall be graduated so that not more than 10 new users are approved per month on a first come, first served basis.

DSSCD Page 1 of 14 Released:

03/12/202503/05/2025 09:5304:18 AMPM 0081530029(2) The Department of Technology and Information is hereby directed to provide a statewide telecommunications relay service that will allow persons who have deafness, hearing loss loss, or speech disabilities to communicate by telephone through attendants or equipment at a service answering facility with persons having normal hearing and speech.

The Department may enter into contractual agreements with 1 or more other persons or entities requiring such other persons or entities to perform all or any part of the service.

The cost of providing the telecommunications relay service shall be paid out of the Fund.

(3) The Office of the Deaf and Hard of Hearing is authorized to create a list of devices eligible for the Fund, which may include devices that both directly and indirectly facilitate communication or provide users with information pertaining to emergency situations, and publish the list online.

The cost of providing such devices to residents of Delaware with deafness, hearing loss, or speech disabilities shall be paid out of the Fund.

Eligible items may include the following:

a.

Everyday items such as alarm clocks, baby monitors, doorbells, and smoke detectors.

b.

Assistive devices to facilitate communication for people with deafness, hearing loss, or speech disabilities.

c.

Hearing-related emergency response kits.

d.

Specialized telecommunication equipment such as hearing-aid compatible cell phones, computer conversion packages, large visual displays, pagers, phones with amplifiers, and devices to alert people to audible warnings.

(4) The Office of the Deaf and Hard of Hearing is authorized to employ individuals as may be necessary to administer the program, provide education to the public about the program, and manage program resources.

(3) (5) The Office of the Deaf and Hard of Hearing is authorized to promulgate procedures, regulations, rules, and criteria necessary to implement and administer this statewide program.

(m) Money in the Fund may only be used to fund the costs of providing the services specified in subsection (a) of this section above, telecommunications relay service costs specified in paragraph (c)(2) of this section section, costs related to the purchase of devices as specified in paragraph (c)(3) of this section, costs related to the administration and management of the program as specified in paragraph (c)(4) of this section, and administrative costs as specified in subsection (j) of this section.

section, subject to the following restrictions: