CCOSD

Senate Bill #32 (Submerge of some State Agencies Including CDHI)

The partial section of Senate Bill #32 is regarding to CDHI. Read CT Gov Senate Bill No. 32 (pdf) or (copied and pasted the excerpts)

Read the below….”Sec. 20. (NEW) (Effective July 1, 2010) (a) The Department of Social Services may provide necessary services to deaf and hearing impaired persons, including, but not limited to, nonreimbursable interpreter services and message relay services for persons using telecommunications devices for the deaf.

(b) The department may accept and receive any bequest or gift of personal property and, subject to the consent of the Governor and Attorney General as provided in section 4b-22 of the general statutes, any devise or gift of real property made to said department, and may hold and use such property for the purposes, if any, specified in connection with such bequest, devise or gift.

Sec. 21. Section 46a-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(a) A commission is hereby created to advocate, strengthen and implement state policies affecting deaf and hearing impaired individuals and their relationship to the public, industry, health care and educational opportunity.

[(a)] (b) The commission shall consist of twenty-one members, three of whom shall be ex officio. The ex-officio members shall consist of the following individuals: The consultant appointed by the State Board of Education in accordance with section 10-316a, the president of the Connecticut Council of Organizations Serving the Deaf and the superintendent of the American School for the Deaf. The following members shall be voting members: The Commissioners of Public Health, Social Services, Mental Health, Education, Developmental Services, and Children and Families and the Labor Commissioner or their designees and eleven members appointed by the Governor. Of the members appointed by the Governor one shall be a physician licensed to practice medicine in this state and specializing in otolaryngology; one a parent of a student in a predominantly oral education program, one a parent of a student at the American School for the Deaf and one a parent of a student in a public school hearing impaired program, and seven deaf persons, one of whom shall be a parent.

[(b)] (c) The commission shall meet at least quarterly or more often at the call of the chairperson or a majority of the members. A majority of the voting members in office but not less than seven voting members shall constitute a quorum.

[(c)] (d) Any appointed member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned. Vacancies occurring otherwise than by expiration of term in the membership of the commission shall be filled by the officer authorized to make the original appointments.

[(d)] (e) The members of the commission shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.

[(e) There shall be established the position of executive director who shall be the chief executive officer of the commission. His qualifications and compensation shall be determined by the Commissioner of Administrative Services, subject to the approval of the Secretary of the Office of Policy and Management, pursuant to section 4-40. Said executive director shall function under the direction of the commission.

(f) Subject to the provisions of chapter 67, the commission is authorized to employ such clerical and other assistance as it requires to carry out the provisions of sections 46a-27 to 46a-32, inclusive.]

(f) The commission shall serve as an advisor to the Department of Social Services on matters affecting deaf and hearing impaired individuals.

(g) The functions, powers, duties and personnel of the commission as of July 1, 2010, shall be transferred to the Department of Social Services pursuant to the provisions of sections 4-38d, 4-38e and 4-39. Any order or regulation of the Commission on the Deaf and Hearing Impaired that is in force on July 1, 2010, shall continue in force and effect as an order or regulation until amended, repealed or superseded pursuant to law.

Sec. 22. Section 46a-33a of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(a) For the purposes of this section:

(1) “Interpreting” means the translating or transliterating of English concepts to a language concept used by a person who is deaf or hard of hearing or means the translating of a deaf or hard of hearing person’s language concept to English concepts. Language concepts include, but are not limited to, the use of American Sign Language, English-based sign language, cued speech, oral transliterating and information received tactually;

(2) “Legal setting” means any criminal or civil action involving a court of competent jurisdiction, any investigation conducted by a duly authorized law enforcement agency, employment related hearings and appointments requiring the presence of an attorney;

(3) “Medical setting” means medical related situations including mental health treatment, psychological evaluations, substance abuse treatment, crisis intervention and appointments or treatment requiring the presence of a doctor, nurse or other health care professional; and

(4) “Educational setting” means a school or other educational institution, including elementary, high school and post-graduation schools where interpretive services are provided to a student.

(b) [Commencing October 1, 1998, and annually thereafter, all] All persons providing interpreting services shall register with the [Commission on the Deaf and Hearing Impaired] Department of Social Services. Such registration shall be on a form prescribed or furnished by the [commission] department and shall include the registrant’s name, address, phone number, place of employment as interpreter and interpreter certification or credentials. [Commencing July 1, 2001, and annually thereafter, the commission] The department shall issue identification cards for those who register in accordance with this section.

(c) No person shall provide interpreting services unless such person is registered with the [commission] department according to the provisions of this section and (1) has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, holds a level three certification provided by the National Association of the Deaf, documents the achievement of two continuing education units per year for a maximum of five years of [commission-approved] department-approved training, and on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination, (2) has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination and is a graduate of an accredited interpreter training program and documents the achievement of two continuing education units per year for a maximum of five years of [commission-approved] department-approved training, and on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination, (3) holds a level four or higher certification from the National Association of the Deaf, (4) holds certification by the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, (7) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, or (8) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.

(d) No person shall provide interpreting services in a medical setting unless such person is registered with the [commission] department according to the provisions of this section and (1) holds a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) holds a certificate of interpretation or a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) holds a level four or higher certification from the National Association of the Deaf, (4) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, or (7) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.

(e) No person shall provide interpreting services in a legal setting unless such person is registered with the [commission] department according to the provisions of this section and (1) holds a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) holds a certificate of interpretation and a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) holds a level five certification from the National Association of the Deaf, (4) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, or (7) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.

(f) The requirements of this section shall apply to persons who receive compensation for the provision of interpreting services and include those who provide interpreting services as part of their job duties.

[(g) The provisions of subsection (c) of this section shall not apply to any person providing interpreting services in an educational setting until July 1, 2003.]

Sec. 23. Section 46a-33b of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

Upon the request of any person or any public or private entity, the [Commission on the Deaf and Hearing Impaired] Department of Social Services shall provide interpreting services to assist such person or entity to the extent such persons who provide interpreting services are available. Any person or entity receiving interpreting services through the [commission] department shall reimburse the [commission] department for such services at a rate set by the [commission] department. The [commission] department shall adopt regulations in accordance with the provisions of chapter 54 to establish the manner of rate setting.

Sec. 24. Subsection (g) of section 4-89 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(g) The provisions of this section shall not apply to appropriations to the [Commission on the Deaf and Hearing Impaired] Department of Social Services in an amount not greater than the amount of reimbursements of prior year expenditures for the services of interpreters received by the [commission] department during the fiscal year pursuant to section 46a-33b, as amended by this act, and such appropriations shall not lapse until the end of the fiscal year succeeding the fiscal year of the appropriation.

Sec. 25. Subsection (d) of section 51-245 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(d) Notwithstanding the provisions of subsections (a) and (b) of this section, if any juror is deaf or hearing impaired, such juror shall have the assistance of a qualified interpreter who shall be present throughout the proceeding and when the jury assembles for deliberation. Such interpreter shall be provided by the [Commission on the Deaf and Hearing Impaired] Department of Social Services at the request of the juror or the court. Such interpreter shall be subject to rules adopted pursuant to section 51-245a, as amended by this act.

Sec. 26. Section 16-256b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(a) Each telephone company and each certified telecommunications provider that makes equipment available to customers shall make special telecommunications equipment capable of serving the needs of deaf and hearing and speech impaired persons available for rental or purchase and be responsible for the maintenance and repair of any such equipment it leases or sells.

(b) (1) Each domestic telephone company having at least one hundred thousand customers shall pay into a Special Telecommunications Equipment Fund twenty thousand dollars not later than July 1, 1992. The fund shall be administered by the [Commission on the Deaf and Hearing Impaired] Department of Social Services. The Department of Public Utility Control shall include all payments made by a company into said fund as operating expenses of the company for purposes of rate-making under section 16-19.

(2) Except for the funding specified in subdivision (1) of this subsection, the [State Commission on the Deaf and Hearing Impaired] Department of Social Services may draw on funds obtained through agreements between the state and domestic telephone companies in accordance with a plan developed, after notice and hearing, by the [commission] department, in consultation with the Commission on the Deaf and Hearing Impaired, not later than January first, annually, and approved by the joint standing committee of the General Assembly having cognizance of matters relating to public utilities. The plan shall provide for the distribution of moneys from the funds to deaf and hearing and speech impaired persons for the purchase, upgrading, rental, maintenance and repair of special telecommunications equipment capable of serving the needs of such persons or to vendors providing such equipment or servicing. The plan may also provide for the distribution of moneys from the funds for the provision of message relay services for persons using telecommunication devices for the deaf, upon a determination by the [commission] department that such moneys are needed to ensure that such services are made available to such persons and that there are adequate moneys in the funds for special telecommunications equipment purposes. The plan shall provide that not more than ten per cent of the moneys annually paid into the fund shall be allocated to the [commission] department to carry out its administrative responsibilities under this subdivision and not more than five per cent of the moneys annually paid by a telephone company into the fund shall be allocated to such corporation to carry out its responsibilities under subdivision (1) of this subsection. All moneys allocated to the [commission] department shall be paid to the State Treasurer for deposit in the General Fund.

(3) The [Commission on the Deaf and Hearing Impaired] Department of Social Services shall, not later than March first, annually, submit a written financial report on the fund it administers under subdivision (2) of this section to the General Assembly and the Auditors of Public Accounts. Such report shall include a balance sheet and income and expense statement for the preceding calendar year, clearly setting forth the fund’s income and expenses and all amounts spent for the direct purpose of the fund.

(c) (1) Each telephone company and each certified telecommunications provider shall, in consultation with the [Commission on the Deaf and Hearing Impaired] Department of Social Services, prepare and submit to the Department of Public Utility Control and the joint standing committee of the General Assembly having cognizance of matters relating to public utilities a plan which shall provide that, to the extent possible, (A) not less than eighty per cent of the coin and coinless telephones installed for public use by the telephone company or certified telecommunications provider shall be equipped [, not later than July 1, 1995,] with controls for the amplification of incoming transmissions, [and not less than eighty per cent of the coin and coinless telephones installed for public use by the telephone company or certified telecommunications provider after July 1, 1995, shall be equipped with such controls,] and (B) not less than fifty per cent of the coin and coinless telephones installed for semipublic use by the telephone company or certified telecommunications provider pursuant to tariffs shall be equipped [, not later than July 1, 1995,] with such controls. [and not less than fifty per cent of the coin and coinless telephones installed for semipublic use by the telephone company or certified telecommunications provider pursuant to tariffs after July 1, 1995, shall be equipped with such controls.]

(2) Not later than July first, annually, each such telephone company and each such certified telecommunications provider shall submit a report to [said commission, department and joint standing committee] the Department of Public Utility Control, the Department of Social Services and the joint standing committee of the General Assembly having cognizance of matters relating to public utilities on the implementation of the plan prepared under subdivision (1) of this subsection, provided, if a telephone company or a certified telecommunications provider documents in any such report that it has fully complied with the provisions of subdivision (1) of this subsection, it shall not be required to submit additional annual reports.

(3) The cost of compliance with the provisions of this subsection shall be recoverable from ratepayers through the overall rate structure approved by the Department of Public Utility Control.

(d) Not less than eighty per cent of the coin and coinless telephones installed for public use [on or after July 1, 1993,] by any person, other than a telephone company or a certified telecommunications provider shall be equipped with such amplification controls at the time the telephones are installed.

Sec. 27. Subsection (c) of section 9-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(c) The application for admission as an elector shall include a statement that (1) specifies each eligibility requirement, (2) contains an attestation that the applicant meets each such requirement, and (3) requires the signature of the applicant under penalty of perjury. Each registrar of voters and town clerk shall maintain a copy of such statement in braille, large print and audio form. The [Commission on the Deaf and Hearing Impaired] Department of Social Services shall produce a videotape presenting such statement in voice and sign language and provide the videotape to the Secretary of the State who shall make copies of the videotape and provide a copy to the registrars of voters of any municipality, upon request and at a cost equal to the cost of making the copy. If a person applies for admission as an elector in person to an admitting official, such admitting official shall, upon the request of the applicant, administer the elector’s oath.