36-1947. Telecommunication devices for the
deaf and the hearing and speech impaired; fund
A. The commission shall establish and administer a statewide program to purchase,
repair and distribute telecommunication devices to residents of this state who are deaf
or severely hearing or speech impaired and establish a dual party relay system making all
phases of public telephone service available to persons who are deaf or severely hearing
or speech impaired.
B. The commission may adopt administrative procedures, rules, criteria and forms to
establish and administer the telecommunication device program under this section.
C. Telecommunication devices furnished by the commission under this section remain
the property of this state. A person who receives a telecommunication device from the
commission under this section is liable for the loss of or damage to the device. The
commission may impose a civil penalty against the person in an amount equal to the cost
of the device or the amount of damage done to the device. If a person objects to the
imposition of a civil penalty, the commission shall conduct a hearing as prescribed in
title 41, chapter 6, article 10. Monies collected by the commission under this subsection
shall be deposited in the telecommunication fund for the deaf established by subsection D
of this section.
D. The telecommunication fund for the deaf is established. The commission shall
administer the fund. Monies in the fund shall be derived from the telecommunication
services excise tax revenues distributed pursuant to section 42-5252, subsection B.
Interest accruing to the fund shall be deposited in the fund. Monies in the fund are
exempt from section 35-190 relating to lapsing of appropriations. Subject to legislative
appropriation, the commission shall use fund monies to purchase and repair
telecommunication devices, to administer the program established by this section and for
the operating costs of the commission.
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