HOUSE OF REPRESENTATIVES

H.B. NO.

1106

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LICENSING OF AMERICAN SIGN LANGUAGE INTERPRETERS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that there is an increase in the number of requests for American Sign Language English interpreters as a result of requests from the deaf community, state and county government agencies (including the legislature and courts), private businesses, and employers.  The increase in requests has created a need for all consumers of American Sign Language English interpreting services to be assured that services are provided by qualified and skilled interpreters who follow professional standards and codes of conduct.

     Although there is an increased need for qualified American Sign Language English interpreters, there are a limited number of national or state certifying or credentialing agencies.  The disability and communication access board credentials American Sign Language English interpreters at the state level, while the Registry of Interpreters for the Deaf issues credentials at the national level.

     The legislature finds that the Pacific Disabilities Center compiled a report on the status of state licensure of American Sign Language English interpreters nationally in July 2015.  This report indicated that of the fifty states, sixteen currently require licensure or registration of American Sign Language English interpreters.  Of the sixteen states identified, ten established an entity responsible for overseeing the licensing board, while six did not.  In addition, five states license only educational interpreters with a state entity overseeing the licensing board.  The report did not include recommendations related to the impact licensure has had in those states that license American Sign Language English interpreters.

     The legislature finds that with the passage of the Americans with Disabilities Act of 1990, Public Law 100-336, as amended, the demand for American Sign Language English interpreters greatly increased, as many public and private organizations did not provide qualified interpreters when requested prior to the passage of the Americans with Disabilities Act.  The Americans with Disabilities Act, as amended, defines a qualified interpreter as one who is able to interpret effectively, accurately, and impartially.  The quandary for the general public as well as people who are deaf, hard of hearing, and deaf-blind is how to determine whether or not an American Sign Language English interpreter is qualified or providing effective communication for all parties involved.

     The legislature further finds that American Sign Language English interpreters establish their own businesses in Hawaii, and obtain a general excise tax license to provide services, and may accept assignments from a business directly or through an interpreter referral agency.  When hiring an interpreter, factors to consider include whether an interpreter provides services in a satisfactory, professional, and ethical manner, and what recourse parties have after services are rendered and a deaf consumer or agency paying for the service is not satisfied with services rendered.

     The purpose of this Act to protect consumers of American Sign Language English interpreter services by requiring all American Sign Language English interpreters who work in Hawaii to be licensed in order to provide services to facilitate communication.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

LICENSURE OF AMERICAN SIGN LANGUAGE ENGLISH INTERPRETERS

     §   -1  Findings and declaration of necessity.  It is the intent of the legislature to establish standards for the licensing of American Sign Language English interpreters to address the present and critical need for ensuring that those in the community requiring communication access to use community services, pursuant to the titles I, II, and III of the Americans with Disabilities Act, as amended, receive such services from a interpreter.

     §   -2  Definitions.  For the purposes of this chapter:

     "American Sign Language" or "sign language" means a visual-gestural language that incorporates facial grammatical markers, physical affect markers, special linguistic information, and fingerspelling, as well as signs made with the hands.  American Sign Language is recognized in Hawaii, per Act 152, Session Laws of Hawaii 2016, as a distinct world language.

     "Board" means board of sign language interpreters.

     "Code of ethics" includes a code of professional conduct, educational interpreter performance assessment guidelines for professional conduct for professional interpreters, Hawaii quality assurance system code of ethics, or other currently accepted and ratified standards of professional conduct.

     "Consumer" means a hearing, deaf, hard of hearing, deaf-blind, or speech-disabled person; or a person or an entity requiring the use of interpreter services to effectively communicate and comprehend signed, written, or speech discourse.

     "Department" means the department of _______________.

     "Interpreting" means the process of providing effective communication between and among persons who are deaf, hard of hearing, or deaf-blind, and those who can hear.  The process includes, communication using American Sign Language or other forms of manual communication and English.  The process may also involve various other modalities that involve visual, gestural and tactile methods.

     "Interpreter" means a professional: (1) who holds a state credential or nationally recognized certification as such; and (2) uses a source language message and, after working through a complex physical and mental process, expresses an equivalent message into the target language, maintaining essential elements of meaning and intent.

     "Nationally recognized certification" means a certification or professional credential awarded to an individual who successfully completes an evaluation of interpreting skills at a nationally recognized level.  The term includes a credential issued, recognized, or issued/recognized by the Registry of Interpreters for the Deaf or National Association of the Deaf.

     "Registry of Interpreters for the Deaf" means the national organization of professional interpreters with established affiliate chapters in each state.

     "State-recognized credential" means a credential awarded by the state disability and communication access board to an individual who successfully completes an evaluation of interpreting skills at a professional level.

     §   -3  Licensing of American Sign Language English interpreters program established; personnel.  (a)  Notwithstanding any other law, there is established an American Sign Language English licensing program within the department.

     (b)  The board may employ necessary personnel without regard to chapter 76 to assist with the implementation and continuing functions of this chapter.

     §   -4  Board of sign language interpreters.  There shall be a board of sign language interpreters, which shall consist of five members appointed by the governor pursuant to section 26-34.  Of the members, there shall be a nationally certified interpreter, a state credentialed interpreter, and a person who is a consumer of American Sign Language services.

     §   -5  License requirements.  (a)  Beginning January 1, 2019, except as specifically provided in this chapter, no person shall engage in the practice of American Sign Language English interpreting for compensation or use the title "licensed American Sign Language English interpreter" without a valid license issued pursuant to this chapter.

     (b)  Any person who violates this section shall be subject to a fine of not more than $500 for each separate offense.  Each day in which a violation occurs shall constitute a separate offense.

     (c)  To be eligible for licensure by the State as an interpreter, an applicant shall:

     (1)  Be at least 18 years of age and apply to the board upon a form prescribed by the board;

     (2)  Pay the board the appropriate application fee;

     (3)  Possess nationally recognized certification or a state-recognized credential; and

     (4)  Demonstrate sufficient evidence of good professional character and reliability to satisfy the state that the applicant will faithfully and conscientiously avoid professional misconduct and otherwise adhere to the requirements of this chapter.

     §   -6  Powers and duties of the board.  In addition to any other powers and duties authorized by law, the board shall:

     (1)  Grant, deny, renew, refuse to renew, restore, terminate, reinstate, condition, restrict, suspend, or revoke a license issued pursuant to this chapter;

     (2)  Administer, coordinate, and enforce this chapter;

     (3)  Discipline a licensed American Sign Language English interpreter on grounds specified by this chapter or for any violation of rules adopted by the board pursuant to this chapter;

     (4)  Refuse to license a person for failure to meet the licensing requirements in this chapter or for any reason specified by this chapter as grounds to discipline an American Sign Language English interpreter including violations of the code of ethics of the certifying or credentialing organization; and

     (5)  Adopt, amend, or repeal rules pursuant to chapter 91 as the board finds necessary to carry out this chapter.

     §   -7  Sign language interpreter licensing special fund.  (a)  There is established in the state treasury a special fund to be known as the sign language interpreter licensing special fund to be administered by the department.  Fees collected under section _____ shall be deposited in the sign language interpreter licensing special fund and may be expended for costs associated with administering the licensure program.

     (b)  Any fines collected to section _____ shall be deposited into the sign language interpreter licensing special fund.

     (c)  The board shall submit a report to the legislature concerning the status of the sign language interpreter licensing special fund no later than twenty days prior to the convening of each regular session.

     §   -8  Fees; disposition.  (a)  Upon issuance of a new license and at each license renewal period, each American Sign Language English interpreter shall pay in addition to a license fee or renewal fee, a surcharge of $50 that shall be deposited into the sign language interpreter licensing special fund.

     (b)  Application fees paid pursuant to this chapter shall not be refundable.

     §   -9  Exemptions.  The following persons shall be exempt from licensure:

     (1)  Any student who is enrolled in a formal American Sign Language English interpreter education program, a formal interpreter training program, or a formal interpreter internship program;

     (2)  Any person who interprets or transliterates solely in a church, synagogue, temple, or other religious setting;

     (3)  Any public education personnel and state division of vocational rehabilitation personnel who are acting as interpreters in emergencies; or

     (4)  Public education personnel hired prior to July 1, 2015 who provide interpreting services to students.

     §   -10  Application for licensure.  (a)  The board shall issue a license under this chapter to an applicant for American Sign Language English interpreter licensure if the applicant provides satisfactory evidence to the board that the applicant meets requirements for licensure contained in this chapter and rules adopted by the board and if the applicant for American Sign Language English interpreter works in general settings.

     (b)  An initial license will be issued upon submission of:

     (1)  A completed application for licensure under this chapter;

     (2)  Documentation of current certification of a national or state-recognized credential, as approved by the board;

     (3)  a sworn statement that the applicant has read, understands, and agrees to abide by a code of ethics for American Sign Language English interpreters; and

     (4)  Payment of the required nonrefundable fee pursuant to this chapter and any rules adopted pursuant to this chapter.

     (c)  A license issued pursuant to this chapter shall be renewed annually upon submission of:

     (1)  Documentation of current validation of national or state credential recognized under the rules pursuant to this chapter; and

     (2)  payment of the nonrefundable renewal fee pursuant to rules of this chapter.

     §   -11  Renewal of license.  Licenses issued pursuant to this chapter shall be valid for one year and shall be renewed upon payment of renewal fee within sixty days before the expiration of the license.  Failure to renew a license shall result in forfeiture of that license.  A license that has been forfeited may be restored within one year of the forfeiture based upon payment of renewal and restoration fees.  Failure to restore a forfeited license within one year shall result in automatic termination of the license.  A person whose license has been terminated pursuant to this section shall be required to reapply for a new license as a new applicant.

     §  -12  Grounds for refusal to renew, reinstate, or restore a license and for denial, revocation, suspension, or condition of a license.  (a)  In addition to any other acts or conditions provided by law, the board may refuse to renew, reinstate, or restore and may deny, revoke, suspend, or condition in any manner any license for any one or more of the following acts or conditions on the part of a licensee or license applicant:

     (1)  Failure to meet or to maintain the conditions and requirements necessary to qualify for a license;

     (2)  Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements in advertising;

     (3)  Engaging in the practice of interpreting while impaired by alcohol, drugs, physical disability, or mental instability;

     (4)  Engaging in professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of interpreting;

     (5)  Engaging in conduct in violation of recognized standards of the most recent ethical guidelines for the practice of interpreting as adopted by the Registry of Interpreters for the Deaf and National Association of the Deaf, State Disability and Communication Access Board, or other professional organization credentialing interpreters;

     (6)  Engaging in the practice of interpreting in a manner that causes injury to one or more members of the public;

     (7)  Failing to comply with, observe, or adhere to any law in the manner that causes the board to determine that the applicant or holder is unfit to hold a license;

     (8)  Having a license revoked or suspended or other disciplinary action by any state or federal agency for any reason that is provided by the applicable licensing laws or by this section;

     (9)  Failing to report in writing to the board any disciplinary decision issued against the licensee or applicant in another jurisdiction within thirty days of the disciplinary decision;

    (10)  Failing to report in writing to the board of the revocation of certification of a licensee or applicant within fifteen days of the revocation; or

    (11)  Violating this chapter or any rule adopted pursuant to this chapter, or order of the board.

     (b)  Any licensee or applicant who violates this section may also be fined not more than $500 per violation."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $                   or so much thereof as may be necessary for fiscal year 2016-2017 and the same sum or so much thereof as may be necessary for fiscal year 2017-2018 to implement the American Sign Language English interpreter licensing program established pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the department of _______________ for the purposes of this Act.

     SECTION 4.  This Act, upon approval, shall take effect on July 1, 2018.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST

 


 


 

Report Title:

Licensing; Practice of American Sign Language English Interpreting; Appropriation

 

Description:

Requires an American Sign Language interpreter to be licensed to work in Hawaii.  Appropriates funds to implement the American Sign Language English Interpreter Licensing Program.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.