An Act To Rename the Division of Deafness within the Department of Labor Reference to. the Committee on Labor suggested and ordered printed.
Maine Legislature, Session 124, LD 0868
Committee: Labor
Sponsors: CAIN, SCHNEIDER, BUTTERFIELD, CUSHING, THIBODEAU, TUTTLE, WEBSTER
Amends: 5 MRSA §48-A, 5 MRSA §12004-I, 5 MRSA §12004-J, 26 MRSA §1413-C, 26 MRSA §1413, 26 MRSA §1413-A, 26 MRSA §1413-B, 26 MRSA §1413-E, 26 MRSA §1419, 26 MRSA §1419-A, 29-A MRSA §522, 35-A MRSA §7302

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
Legislative Document 
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No. 868 
H.P.599 
House of Representatives, March 5,2009 
An Act To Rename the Division of Deafness within the Department 
of Labor 
Reference to. the Committee on Labor suggested and ordered printed. 
Presented by Representative CAIN of Orono. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
17/~ In· 7J?tU~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BUTTERFIELD of Bangor, CUSHING of Hampdt;:n, PRIEST ofBnmswick, 
THIBODEAU of Winterport, TUTTLE of Sanford, WEBSTER of Freeport. 
Printed 011 recycled paper 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 5 MRSA §48-A, as enacted by PL 2003, c. 685, §2, is amended to read: 
§48-A. Communication services for deaf persons, hard-of-hearing persons and late-
deafened persons in court and other legal settings 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Advocate" means a person who is not a lawyer and who provides to the public 
advice or other substantive legal work that is not prohibited by law or regulation. 
B. "Agency" means any authority, board, bureau, commission, department or officer 
of State Government or of any county, municipality, school district or any other 
political or administrative subdivision. 
C. "Bureau" means the Department of Labor, Bureau of Rehabilitation Services. 
D. 
"CART" means computer-assisted real-time transcription using specialized 
equipment to transcribe real time word-for-word spoken English into written English 
that can be viewed on a computer screen or projected onto a large screen. 
E. "CART provider" means a person who provides CART. 
.F. 
"Client" means a deaf person, a hard-of-hearing person, a late-deafened person or 
a hearing person who is provided interpreting services by a privileged interpreter. 
G. 
"Confidential communication"· means a communication that a client has a 
reasonable expectation is not being disclosed to persons other than a privileged 
interpreter and any client to whom the communication is intended to be made. 
H. 
"Deaf interpreter" means a deaf person ef.1 hard-of-hearing person or late-
deafened person with native or near-native fluency in American Sign Language who 
has training in interpreting and training or experience in the use of gesture, mime, 
props, drawings and other tools to enhance communication for deaf persons with 
miriimallanguage skills. 
I. "Deaf person" means a person whose sense of hearing is nonfunctional for the 
purpose of communication and who must depend primarily upon visual 
. communication. 
J. "Hard-of-hearing person" means a person who has a hearing loss resulting in a: 
functional loss, but not to the extent that the person must depend primarily upon 
visual communication. 
K. "Interpreting organization" means an organization whose function is to provide 
qualified legal interpreter services for a fee. 
K-I. 
"Late deafened" means that the sense of hearing of an individual is 
nonfunctional for the purpose of communication and that the individual must depend 
primarily upon visual communication. The loss ofthe sense of hearing for a late-
deafened individual occurs after the development of speech and language. 
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10. 
L. 
"Privileged interpreter" means a person identified by clients as necessary to 
facilitate accurate communication between the clients and who otherwise has no 
substantial personal or business interest in the communication. 
M. "Quallfied legal interpreter" means a person who is licensed under Title 32, 
chapter 22 as a cerlified interpreter, certified deaf interpreter or certified transliterator 
and who: 
(1) Is a hearing person who: 
(a) 
Holds a current Specialist Certificate: Legal from the Registry of 
Interpreters for the Deaf, Inc. or its successor; 
(b) 
Satisfies the eligibility criteria for taking the exam for the specialist 
certificate described in division (a) as long as, by January 1, 2012, that 
person obtains the specialist certificate described in division (a); or 
(c) Is. included on the bureau's list of qualified interpreters on the effective 
date of this section, ,as long as that person, by January 1, 2006, meets the 
eligibility criteria for taking the exam for the speciaiist certificate described 
in division (a) and, by January 1, 2012, obtains the specialist certificate 
d~scribed in division (a); or 
(2) Is a deaf interpreter who holds a c,urrent Certificate of Interpretation from the 
Registry of Interpreters for the Deaf, Inc. or its successor or a Reverse Skills 
Certificate from )he Registry of Interpreters fot the Deaf, Inc. or its successor. 
Beginning January 1, 2006, a deaf person Bf". hard-of-hearing person or late-
deafened person must also satisfy the eligibility criteria for taking the exam for 
the Specialist Certificate: Legal or its successor. 
N: "Travel expenses" means actual expenses for transportati<;m reimbursable at the 
usual state mileage rate, tolls, parking fees or other fees specified in an agreement 
between an interpreter or an interpreting organization and an agency or court 
retaining the services of the interpreter at it specific date, time and place. 
2. Interpreter services or CART required for agency or court proceedings. 
When any personal or property interest of a deaf person Bf". hard-of-hearing person or 
late-deafened person or of a minor whose parent or guardian is a deaf person Bf". hard-of-
hearing person or late-deafened person is the subject of a proceeding before any agency 
or court, the presiding officer of the proceeding shall appoint a qualified legal interpreter 
or CART provider. 
A. A qualified legal interpreter or CART provider must be appointed under this 
subsection after consultation with, and giving primary consideration to the request of, 
the deaf person Bf". hard-of-hearing person or late-deafened person. If the appointed 
qualified legal interpreter does not meet the needs of the deaf person Bf". hard-of-
hearing person or late-deafened person, the presiding officer shall, with the consent 
of the deaf person Bf". hard-of-hearing person or late-deafened person, appointimother 
qualified legal interpreter. 
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B. Ifa qualified legal interpreter appointed under this subsection for the deaf person 
Bf". hard-of-hearing person or late-deafened person states that the interpretation is not 
satisfactory and that 'a qualified legal interpreter who is a deaf person Bf". a hard-of-
. 
hearing person or a late-deafened person will improve the quality of interpretation, 
the presiding officer shall appoint a qualified legal interpreter who is a deaf person ef~ 
a hard-of-hearing person or a late-deafened person to assist the qualified legal . 
interpreter. 
C. The presiding .officer shall appoint as many qualified legal interpreters under this 
subsection as are necessary to meet the needs of the deaf person ef~ hard-of-hearing 
person or late..,deafened person. 
D. A qualified legal interpreter or CART provider appointed under this subsection 
must be reimbursed by the agency· or court conducting the proceeding at a· rate 
negotiated with the qualified legal interpreter or interpreting organization, plus travel 
expenses; except that employees of the State or any of its political subdivisions, 
public employees and public or private school, university and college teachers or 
administrators for interpreting services or anyone who· receives a salary during 
regular work hours may not be reimbursed under this subsection or subsection 3 for 
interpreter services performed ·during their regular working hours. This paragraph 
does not prevent any agency or court from employing a qualified legal interpreter on 
a full-time basis or under contract at a ml,ltually agreed-upon compensation rate. 
E. It is the responsibility of the agency or court conducting the proceeding to ensure 
compliance with the provisions of this subsection. 
3. Interpreting services or CART for consultation with appointed attorneys. 
When a court appoints an attorney to represent a deaf person ef~ hard-of-hearing person 
or late-deafened person or to represent.a juvenile whose parent or guardian is a deaf 
person ef~ hard-of-hearing person or late-deafened person, the court shall provide 
interpreting services or CART in accordance with this subsection to allow for effective 
consultation between the attorney and client. Interpreting services or CART provided 
under this subsection must be paid for directly by the court and is not the responsibility of 
the attorney. 
4. Legal interpreting fund for services of attorneys and advocates, generally. 
The bureau shall maintain a legal interpreting fund, which must be used to reilnburse 
private attorneys and advocates for the cost of lluerv\:;ting services or CART that assists 
the attorney or advocate in effectively representing deaf persons ef~ hard-oi-hearing 
persons or late-deafened persons. in cases in which subsection 3 does not apply. This 
fund may not be used to cover interpreting services· or CART for actual proceedings 
pursuant to subsection 2. 
5. 
Privileged communication. Except when a court in the exercise of sound 
discretion determines the disclosure necessary to the proper administration of justice, a 
privileged interpreter may not disclose any aspect of a confidential cominunication 
facilitated by that privileged interpreter unless all clients of the privileged interpreter 
privy to that confidential communication consent to the disclosure. 
. 
6. Oath. Every qualified legal interpreter appointed under subsection 2 shall, before 
perfonlling the qualified legal interpreter's duties, . take an oath that the qualified legal 
interpreter will make a true interpretation in an understandable manner to the person for 
whom the qualified legal interpreter is appointed, and that the qualified legal interpreter 
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will repeat the statements of the person in the English language to the best of the qualified 
legal interpreter's ability. 
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7. Provide information. With the cooperation of the Registry of Interpreters for the 
Deaf, Inc. or its successor, the bureau shall prepare and oontinually update a directory 
listing all qualified legal interpreters in the State. When requested by an agency or court, 
the bureau shall furnish the agency or court with the directory. The Division of Deafness 
for the Deaf, Hard of Hearing and Late Deafened within the bureau shall also provide 
information to the public, including state agencies and individuals who work with 
interpreters, regarding the qualifications necessary to become a qualified legal interpreter. 
Sec. 2. 5 MRSA §12004-I, sub-§54-B, as enacted by PL 1995, c. 560, Pt. F,§8, 
is repealed. 
Sec. 3. 5 MRSA §12004-J, sub-§17 is enacted to read: 
17. 
Labor:, 
Rehabilitation 
. Services 
Commission for the 
Expenses Only 
Division for the 
Deaf, Hard of 
Hearing and Late 
Deafened 
MRSA §1413-C 
Sec. 4. 26 MRSA §1413, as enacted by PL 1995, c. 560, Pt. F, §13, is amended to 
read: 
§1413. Division 'for the Deaf, Hard of Hearing and Late Deafened 
There is established the Division of Deafuess for the Deaf, Hard of Hearing and Late 
Deafened within the Department of Labor, Bureau of Rehabilitation Services. 
Sec. 5. 26 MRSA §1413-A, sub-§l, as enacted by PL 1995, c. 560, Pt. f, §13, is 
repealed. 
Sec. 6. 26 MRSA §1413-A, sub-§l-A is enacted to read: 
. I-A. Commission. "Commission" means the Commission for the Division for the 
Deaf, Hard of Hearing and Late Deafened. 
. Sec. 7. 26 MRSA §1413-A, sub-§4, as enacted by PL i995, c. 560, Pt.F,§13, is 
repealed. 
Sec. 8. 26 MRS A §1413-A, sub-§5 is enacted to read: 
5. Late deafened. "Late deafened" rrieans that the sense of hearing of an individual 
is nonfunctional for the purpose of communication' and that the individual must depend 
primarily upon visual communication. 
The loss nf the sense of hearing for a late 
deafened individual occurrs after the development of speech and language. 
Sec. 9. 26 MRSA§1413-B, first Eff, as enacted byPL 1995, c. 560, Pt. F, §13, is 
amended to read: 
To provide the following services and information to deaf aml~ hard-of-hearing and 
, late-deafened persons, the Division ofT)eafness for the Deaf, Hard of Hearing and Late 
Deafened shall: 
Sec. 10. 26 MRSA §1413-B, sub-§l, as enacted by PL 1995, c. 560, Pt. F, §13, 
is amended to read: 
1. 'Provide advocacy. Provide cooperative agreements or coordinate with agencies 
or commuTIity resources to provide advocacy for the rights of deaf aml~ hard-of-hearing 
and late-deafened persons in the areas of employment, education, legal aid, health care, 
social services, [mance, housing and other personal assistance while avoiding duplication 
of effort in these areas; 
Sec. 11. 26 MRSA §1413-lB, sub-§2, as enacted by PL 1995, c. 560, Pt. F, §13, 
is repealed. 
Sec. 12. 26 MRSA §1413-lB, sub-§3, as enacted by PL 1995, c. 560, Pt. F, §13, 
' is amended to read: 
3. Information and referral. Provide information and referral services to deaf affil~ 
hard-of-hearing and late-deafened persons and their families on .questiqns related to their 
disorder; 
Sec. 13. 26 MRSA §1413-lB, sub-§4, as enacted by PL 1995, c. 560, Pt. F, § 13, 
is amended to read: 
4. Develop objectives. Develop a plan with goals and objectives for development, 
planning and implementation within a framework for greater cooperation and 
coordination among agencies and organizations now serving or having the potential to 
serve deaf aml~ hard-of-hearing and h1te-deafened persons; 
Sec. 141. 26 MRSA' §1413-lB, sub-§5, as enacted by PL 1995, c.560, Pt. F, §13, 
is amended to read: 
" 
5. Community service center. Continue to study the need to establish; maintain and 
fund at least one community service center where deaf aml~ hard-of-hearing and late- ' 
deafened persons and their families can receive pertinent information relating to the 
'31 
coordination of services that each requires; 
, 
Sec. 15. 26 MRSA §1413-lB, sub-§6, as enacted by PL 1995, c. 560, Pt. F, §13, 
is amended to read: 
6. Promote accessibility. Promote accessibility to all governmental services for 
residents of the State ~ho are deaf ef~ hard-of-hearing or late-deafened persons; and 
Sec. 16. 26 MRSA §1413-lB, sub-§7, as enacted by PL 1995, c. 560"Pt. F, §13, 
is amended to read: 
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7. 
Recommendations. 
Make recommendations to the Governor and the joint 
standing committee committees of the Legislature having jurisdiction over labor and 
health· and human services matters with respect· to modifications in existing services or 
establishment of additional services for deaf aBEl", hard-of-hearing and late-deafened 
persons and their families.· 
Sec. 17. 26 MRSA §1413-C, as enacted by PL 1995, c.560, Pt. F, §13, is 
amended to read: 
§1413-C. Commission 
There is established within Within the Department of Labor, Bureau of Rehabilitation 
Services, Division of Deafness for the Deaf, Hard of Hearing and Late Deafened, :lffi 
advisory council consisting the Commission for the Division for the Deaf, Hard of 
Hearing and Late Deafened as established under Title 5, section 12004-J, subsection 17, 
consists of 24 members and 3 members-at-large appointed by the Director of the Bureau 
of Rehabilitation Services in conjunction ';'lith the Director of the Division of Deafness 
Governor and representing equally consumers, professionals and the public. Members 
are entitled to compensation in accordance with Title 5, chapter 379. 
The Director of the Bureau of Rehabilitation Services, in conjunction with the 
Directpr of the Division of Deafness, commission shall appoint, from the advisory 
council its membership, a chair and vice-chair to serve 2-year terms. 
The council . 
commission shall meet at the call of the chair but not less than 4 times during a calendar 
year. The chair may delegate duties to members to carry out the functions of the council 
commission. 
. 
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Sec. 18. 26 MRSA. §1413-D, as enacted by PL 1995, c. 560, Pt. F, §13, IS 
amended to read: 
§1413-D. Commission; powers and duties 
. The advisory council commission shall advise the Director of the Bureau of 
Rehabilitation Services and shall prepare an annual report, which is a public docUment to 
the extent that it complies with section 1412. The report must include, but is not limited 
to: 
. 
1. Review. Review of the status of services to deaf aBEl", hard-of-hearing and late-
deafened persons; 
2. 
Recommendations. RecoInmendations for priorities for the development and 
Coordination of services to deaf aBEl", hard-of-hearing and late-deafened persons; 
3. Evaluation. An evaluation of the progre~s made as the result of recommendations 
made in the preceding report of the chair; 
4. State~eDt of goals. A statement of goals for activities of the division during the 
subsequent fiscal year; and 
. 5. Implementation of functions. The steps to be taken by the division to implement 
the functions listed in section 1413-B.· 
. 
Sec. ·19. 26 MRSA §1413-E, as enacted by PL 1995, c. 560, Pt. F, §13, IS 
amended to read: 
§1413-E. Director of the Division for the Deaf; Hard of Hearing and Late Deafened 
L Director. The Director of the Bureau of Rehabilitation Services shall appoint the 
7. 
Director of the Division of Deafness for the Deaf, Hard of Hearing and Late Deafened, 
who is responsible for administering the Division of Deafness for the Deaf, Hard of 
Hearing and Late Deafened and its programs and policies, including generating and 
seeking out financial aid, grants and money. 
2. Director of the DivisIon for the Deaf, Hard of Hearing and Late Deafened; 
staff; qualifications. The Director of the Division of Deafness for the Deaf, Hard of 
Hearing and Late Deafened and the staff must be knowledgeable of the needs of the deaf 
aru:l~ hard of hearing and late deafened and possess the ability to communicate on a 
. 
meaningful basis with those persons. 
Sec. 20. 26 MRSA §1419, srib-§l, ~ 
is enacted to read: 
F. "Late deafened" means that the sense of hearing of an individual is nonfunctional 
for the purpose of communication and that the individual must depend primarily upon 
visual communication. The loss of the sense of hearing for a late deafened individual 
occurs after the development of speech imd language. 
Sec. 21. 26 MRSA §1419-A, as amended by PL 2007, c. 224, §§1 arid 2, IS 
further amended to read: 
. 
§1419-A. 
Specialized customer communications equipment for persons with 
disabilities 
2. Communications Equipment F.und. There is established the Communications 
Equipment Fund to be used by the Division of Deafness for the Deaf, Hard of Hearing 
and Late Deafened wIthin the Bureau of Rehabilitation Services. The fund is nonlapsing. 
28· 
The fund receives money transferred by the Public Utilities Commission from the 
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universal service fund pursuant to Title 35-A, section 7104. The Division of Deafness for 
the Deaf, Hard of Hearing and Late Deafened may accept gifts or grants, including, but 
not limited to, federal grants, for the purposes of this section. Funds transferred from the 
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universal service fund pursuant to Title 35-A, section 7104 and aU gifts and grants and 
authorized appropriations must be deposited in the Communications Equipment Fund and 
disbursed in accordance with this section. The Communi~ations Equipment Fund may be 
used for purchase, lease, distribution, upgrading, installationi maintenance and repair of 
specialized customer communications equipment for deaf, hard-of-hearin·g, late-deafened 
or speech-impaired persons and persons with disabilities, for training in the use of such 
equipment and for administrative costs associated with these uses of the fund, except that 
funds received for the ·purposes of subsection 6 pursuant to Title 35-A, section 7104 may 
be used only in accordance with subsection 6. The Division of Deafness for the Deaf, 
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Hard of Hearing and Late Deafened may draw on the Communications Equipment Fund 
in accordance with the communications equipment plan required under subsection 3. 
3. Communications equipment plan. The Division of Deafness for the Deaf, Hard 
of Hearing and Late Deafened shall develop a plan to make specialized customer 
communitations,equipment available to deaf, hard-of-hearing, late-deafened or speech-
impaired perso~s and persons with disabilities, and to distribute money from the 
Communications Equipment Fund. The plan must be developed by the Division ef ' 
'Deafness for the Deaf, Hard of Hearing and Late Deafened annually, not later than 
January 1st, in' accordance with the rule-making procedures in Title 5, chapter 3:75. The 
plan must provide for the expenditure of money frQm the Convnunications Equipment 
Fund for the benefit of deaf, hard-of-hearing, late-deafened or speech-impaired persons 
and persons with disabilities for-the purchase, lease, distributIon, upgrading, installation, 
maintenance and repair of specialized customer communications equipment capable of 
serving their needs and may provide for expenditures for training in the use of such 
equipment. Persons who are profoundly deaf or speech-impaired or who have a disability 
so that they are unable to use the telephone for expressive or receptive cOInmunications,' 
as verified by a written report from an otologist, an audiologist or a physiCian, are eligible 
for assistance from the Communications Equipment Fund. The plan must ensure that 
persons with disabilities have access to appropriate specialized customer communications 
equipment to meet their individual needs. The plan must include specific criteria that 
govern ~he priorities assigned to various persons who need this equipment. The criteria 
must take into account household income, degree of impairment, need for emergency 
communications, living arrangements and other factors determined relevant by the 
Division of Deafness for the Deaf, Hard of Hearing and Late Deafened. In developing 
the criteria, the Division of Deafness for the Deaf, Hard of Hearing and Late Deafened 
shall consult with the advisory council established in section 1413 G commission and 
ether advisory councils representing the interests of persons with disabilities. 
4. 
Specialized customer commrinicationsequipment needs in public school 
system. The Department of Education, in consultation with the Maine Educational 
Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf 
and advocacy groups for deaf ana .. hard-of-hearing and late-deafened persons and for the 
infomiation technology interests of consUmers, shall conduct an annual survey of all, 
public schools in the State for the pUrpose of assessing the need for specialized customer 
,communications equipment in the school system and report its fmdings to the joint 
standing committee of the Legislature having jurisdiction over labor matters. The report 
must include: the number of deaf ana .. hatd-of-hearing and late-deafened students and 
their needs for specialized customer communications equipment; the availability of 
specialized customer communications equipment; the' number of requests for specialized 
customer communications equipment; and the. status of training for teachers and other 
, 40 
school personnel in the use of specialized customer communications equipme~t. 
6. Emergency alert telecommmiications service. A person who has been certified 
by the Division of Deafness for the Deaf, Hard of Hearing and Late Deafened as being 
de at; er .. hard-of-hearing or late-deafened and has an inc~me of less than 135% of the 
federal poverty level must receive a discount of up to $10 per month in the service charge 
for any wireless communications device or 2-way pager that is used to receivy emergency 
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alerts issued by any state or federal agency or a discount equal to the monthly service 
charge for anyone-way pager that is used to. receive emergency alerts issued by any state 
or federal agency. A person using a wireless communications device or 2-way pager 
must receive a $10 discount except when the service charge for the wireless 
communications device or 2-way pager is less than $10 per month, in which case the 
person must receive a discount equal' to the service charge for the wireless 
communications device or 2-way pager. A company required to provide the discount is 
entitled to recover amounts disco1¥lted from the Communications Equipment Fund 
established in subsection 2. The Bureau of Rehabilitation Servlces shall adopt rules to 
establish the process for certifying eligibility with the Division of Deafness for the Deaf, 
Hard of Hearing and Late Deafened ·and for the process to be used by wirele§..s and paging 
companies in recovering discounted revenue from the Communications Equipment Fund. 
Administrative costs associated with implementing this subsection may be paid from 
funds provided to the Communications Equipment Fund· for the purposes of this 
subsection pursuant to Title 35-A, section 7104. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 22. 29-A MRSA §522, as amended by PL 2001, c. 361, §12, is further 
amended to read: 
§522 .. Deaf, hard-of-hearing and late-de~fened persons 
1. Issuance of placard. The Secretary of State may issue a placard for deaf arul:~ 
hard-of-hearing and late-deafened persons to a person who is deaf eF~ hard-of-hearing or 
late deafened on receipt of a form from the Division of Deafness for the Deaf, Hard of 
Hearing and Late. Deafened, Q:ffi.ee Bureau of Rehabilitation Services, certified by a 
physician or an audiologist stating that the applicant is deaf eF~ hard-of-hearing or late 
deafened and can not hear or understand normal speech. 
2. Manner of display. The placard must be displayed in a conspicuous location in 
the vehicle as near to the operator as possible without obstructing the view of the 
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operator. 
3. No fee. There is no fee f~r a placard issued pursuant to this section. 
Sec. 23. 35-A MRSA §7302, as amended by PL 1995, C. 560, Pt. F, §15, is further 
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amended to r~ad: 
32§7302. Toll-call rates for deaf, bard-of-bearing, late-deafened or speech-impaired 
persons 
1. 
Rate reduction. 
The commission shall establish a 70% rate reduction for 
intrastate toll calls made on lines, or via credit cards assighed to lines, used for making 
calls from certified deaf, hard-of-hearing, late-deafened or speech-impaired persons who 
must rely on teletypewriters for residential telephone communications. In addition, the 
70% rate reduction must apply to all calls using the state telecommunications relay 
service. Upon request, this discount must be provided to any noncertified user making 
calls to a certified user, provided the noncertified user informs the local exchange carrier 
or toll provider of the relevant billed . calls made during each billing period. 
This 
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reduction must also apply to intrastate toll calls made by agencies certified by tl).e 
Division of Deafness for the Deaf, Hard of Hearing and Late Deafened in the Department 
of Labor as eligible to receive a discount, while providing vocal relay services to deaf, 
hard-of-hearing, late-deafened or speech-impaired persons, as well as to community 
service centers serving deaf, hard-of-hearing, late.:deafened or speech-impaired persons 
certified by the Division of Deafness for the Deaf, Hard of Hearing and Late Deafened of 
the Department of Labor as eligible to receive a discount. The costs incurred by a 
telephone company under this subsection are just and reasonable expenses for rate-
making purposes. 
2. 
Customers qualifying for the reduction. 
To qualify for the reduction, a 
customer must file an affidavit, on a form approved by the Public Utilities Commission, 
, with the telephone utility, stating that, due to deafness, hearing impairment or speech 
impairment, the customer or a member of the household must rely on a teletypewriter for 
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telephone communications and that the equipment is connected or acoustically coupled to 
the customer's telephone. 
Sec. 24. 35-A MRS A §7S0S, sub-§l, as corrected by RR 1995, c. 1, §30, is 
amended to read: 
. .  
1. State buildings. The Dep~ment of Administrative and Financial Services shall 
require 
the 
installation 
and 
maintenance of telecommunication 
devices 
for 
communication for the deaf, haI'd of hear..ng hard of hearing, late deafened and, speech-
impaired who rely on those devices for telephone communications in locations accessible 
to the puhlic in state buildings where a primary function is the delivery of service to the ' 
general public in accordance with a plan developed by the Department of Administrative 
. and F,inancial Services, Bureau qf Information Services and the Department of Education 
Labor, Gffiee Bureau of Rehabilitation Seryices. 
Sec. 25. 35-A MRS A §7505, sub-§5, as amended by PL 1993, c. 708, Pt. J, §11, 
is further amended to read: 
5. Devices. The requirements of this section may be satisfied by installation of 
telecommunication typewriters, including so-called telecommunication devices for the 
deaf, or other devices approved by the Department of Edueation Labor, Gffiee Bureau of 
Rehabilitation Services, Division of Deafness for the Deaf, Hard of Hearing and Late 
Deafened. 
Sec. 26. 3S-A MRSA §8704, sub-§l, 'ITA, as amended by PL 2001, c. 377, §3, is 
further amended to read: 
. 
A. 'The Director of the Division of Deafness for the Deaf, Hard. of Hearing and Late 
Deafened, Bureau of Rehabilitation Services, Department of Labor, or a designee; 
Sec. 27. 3S-A MRSA §8704, sub-§l, ~, as enacted by PL 1989, c. 851, §7, is 
amended to read: 
B. The GhaiF chair of the Advisory Committee to Commission for the Division ef 
Deafness for the Deaf, Hard of Hearing and Late Deafened established by Title 5, 
section 12004 n2004-J, subsection 4{) 1], or a 4esignee; 
-
Sec. 28-, Transition provisions. 
1. The Commission for the Division for the Deaf, Hard of Hearing and Late 
Deafened, established pursuant to the Maine Revised Statutes, Title 5, section 12004-J, 
subsection 17, is the successor in every way to the functions and duties of the former 
Advisory Council to Division of Deafness, as established pursuant to Title 5, section 
12004-1, subsection 54-B. 
2. All records, property and equipment pieviouslybelonging to or for the use of the 
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former Advisory Council to Division of Deafness become part of the property of the 
Commission for the Division for the Deaf, Hard of Hearing and Late Deafened. 
3. All existing forms, licenses, letterheads and similar items bearing the name of or 
referring to the former Advisory Council to Division of Deafuess may be utilized by the 
Commission for the Division for the Deaf, Hard of Hearing and Late Deafened until 
existing supplies of these items are exhausted. 
Sec. 29. Marne Revised Statutes headnote amended; revision clause; In 
the Maine Revised Statutes, Title 26, chapter 19, subchapter 2, article 2, in the article 
headnote, the words "division. of deafness" are amended to read "division for the deaf, 
hard of hearing and late deafened" and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes. 
Sec. 30. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 26, chapter 19, subchapter 2, article 8, in the article 
headnote, the words "deaf and hard-of-hearing persons" are amended to read "deaf, hard-
.of-hearing-and late-deafened persons" and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes .. 
SUMMARY 
This bill changes the name of the Division of Deafness within the Department of 
Labor, Bureau of Rehabilitation Services to the Division for the Deaf, Hard of Hearing 
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and Late Deafened. The bill also defines "late deafened" and "late-deafened person" and 
corrects cross-references that are affected by the name change. 
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