21st Legislature(1999-2000)

Bill Text 21st Legislature


00 HOUSE BILL NO. 126                                                                                                    
01 "An Act relating to sign language interpreters; establishing the Alaska State Board                                     
02 of American Sign Language Interpreters; and providing for an effective date."                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  INTENT.  AS 08.19.900, enacted by sec. 2 of this Act, is intended to create                          
05 a strict liability offense.                                                                                             
06    * Sec. 2.  AS 08 is amended by adding a new chapter to read:                                                       
07 Chapter 19.  American Sign Language Interpreters.
08 Article 1.  Alaska State Board of American Sign Language Interpreters.                                                  
09            Sec. 08.19.010.  Creation and membership of board.  (a)  There is created                                            
10 the Alaska State Board of American Sign Language Interpreters consisting of five                                        
11 members appointed by the governor, two of whom are hearing sign language                                                
12 interpreters licensed under this chapter and certified by the Registry of Interpreters for                              
13 the Deaf or licensed under this chapter, certified by the National Association of the                                   
14 Deaf, and holding associate memberships in the Registry of Interpreters for the Deaf;                                   
01 one of whom is licensed under this chapter and certified as a deaf interpreter by the                                   
02 Registry of Interpreters for the Deaf; one public member who is deaf; and one public                                    
03 member who is not deaf but who has knowledge of or is familiar with the unique                                          
04 requirements and obligations of interpreting for the deaf.  The governor shall consider                                 
05 making appointments so that the membership of the board reflects the regional and                                       
06 cultural diversity of the state.                                                                                        
07            (b)  The board shall elect from among its members a chair, a vice-chair, and                                          
08 a secretary.                                                                                                            
09            Sec. 08.19.020.  Powers and duties of the board.  In addition to the powers                                         
10 and duties conferred on the board under AS 08.01, the board shall                                                       
11             (1)  review the transcripts and documents relating to training, education,                                           
12 and work experience of applicants for licenses or provisional licenses under this                                       
13 chapter and approve the issuance of licenses and provisional licenses to qualified                                      
14 applicants;                                                                                                             
15             (2)  meet twice a year to conduct its business; and                                                                  
16             (3)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                                 
17 that are necessary to carry out the purposes of this chapter.                                                           
18 Article 2.  Licensing.
19            Sec. 08.19.050.  License or provisional license required.  (a)  A person who                                         
20 does not hold a license or provisional license under this chapter may not                                               
21             (1)  act as an American sign language interpreter for compensation                                                   
22 except as provided in (c) or (d) of this section;                                                                       
23             (2)  advertise to the public or represent that the person is able to act as                                          
24 an American sign language interpreter for compensation; or                                                              
25             (3)  use in connection with the person's name letters, words, or insignia                                            
26 indicating or implying that the person is a licensed American sign language interpreter.                                
27            (b)  A person who does not hold a license under AS 08.19.060 may not act as                                           
28 a mentor or supervisor of a provisional licensee.                                                                       
29            (c)  The limitation in (a) of this section does not apply for the first 30 days                                       
30 after a person moves to the state from a residence in another state if the person holds                                 
31 a certificate from the Registry of Interpreters for the Deaf.                                                           
01            (d)  A person who does not hold a license or a provisional license under this                                         
02 chapter may interpret for compensation in an emergency situation but only until a                                       
03 licensed interpreter arrives.                                                                                           
04            (e)  A licensee who does not carry the designation on the license that the                                            
05 licensee holds a specialist certificate for legal matters from the Registry of Interpreters                             
06 for the Deaf may not act as an American sign language interpreter for compensation                                      
07 at a court proceeding or during an official conversation with a law enforcement officer                                 
08 or prosecuting attorney.                                                                                                
09            Sec. 08.19.060.  Licensure for interpreters.  (a)  The board shall issue an                                         
10 interpreter license to a person who pays the required fees and submits satisfactory                                     
11 documentation that the applicant is                                                                                     
12             (1)  certified by the Registry of Interpreters for the Deaf; or                                                      
13             (2)  an associate member of the Registry of Interpreters for the Deaf and                                            
14 is certified at level four or five by the National Association of the Deaf.                                             
15            (b)  If the licensee holds a Specialist Certificate Legal from the Registry of                                        
16 Interpreters for the Deaf, the board shall note that on the license issued to the person                                
17 under this chapter.                                                                                                     
18            Sec. 08.19.070.  Provisional license.  (a)  The board shall establish regulations                                   
19 setting minimum requirements for issuing a provisional license to a person who                                          
20 applies, pays the required fee, if any, and submits documentation that the person is an                                 
21 associate member of the Registry of Interpreters for the Deaf who has completed                                         
22             (1)  an interpreter training program or interpreter preparation program;                                             
23 or                                                                                                                      
24             (2)  300 hours of documented interpreter experience and 50 hours of                                                  
25 interpreter education through workshops and seminars.                                                                   
26            (b)  A provisional license is valid for two years and may be renewed only one                                         
27 time.                                                                                                                   
28 Article 3.  License Denial; Disciplinary Sanctions.
29            Sec. 08.19.100.  Grounds for denial; disciplinary sanctions.  The board may                                          
30 deny a license or provisional license or impose a disciplinary sanction authorized under                                
31 AS 08.01.075 if the board finds that the person                                                                         
01             (1)  secured or attempted to secure a license or provisional license                                                 
02 through deceit, fraud, or intentional misrepresentation;                                                                
03             (2)  engaged in deceit, fraud, or intentional misrepresentation in the                                               
04 course of providing professional services;                                                                              
05             (3)  advertised professional services in a false or misleading manner;                                               
06             (4)  engaged in unprofessional conduct as defined in the regulations of                                              
07 the board;                                                                                                              
08             (5)  intentionally or negligently engaged in or permitted the performance                                            
09 of sign language interpreting by persons under the licensee's supervision that does not                                 
10 conform to minimum professional standards regardless of whether actual injury                                           
11 occurred;                                                                                                               
12             (6)  has been convicted of a felony and the person's civil rights have not                                           
13 been restored or that the person has been convicted of another crime that affects the                                   
14 person's ability to practice competently and safely;                                                                    
15             (7)  aided another person to engage in the practice of American sign                                                 
16 language interpreting in violation of AS 08.19.050;                                                                     
17             (8)  failed to comply with this chapter, a regulation adopted under this                                             
18 chapter, or an order of the board; or                                                                                   
19             (9)  is incapable of engaging in the practice of American sign language                                              
20 interpreting with reasonable skill, competence, and safety for the public because of                                    
21                       (A)  professional incompetence;                                                                                     
22                       (B)  other factors determined by the board.                                                                         
23 Article 4.  General Provisions.
24            Sec. 08.19.900.  Penalty.  A violation of this chapter is a class B misdemeanor.                                     
25            Sec. 08.19.990.  Definitions.  In this chapter,                                                                     
26             (1)  "board" means the Alaska State Board of American Sign Language                                                  
27 Interpreters established under AS 08.19.010;                                                                            
28             (2)  "license" means a license issued by the Alaska State Board of                                                   
29 American Sign Language Interpreters.                                                                                    
30    * Sec. 3.  AS 08.01.010 is amended by adding a new paragraph to read:                                              
31             (36)  Alaska State Board of American Sign Language Interpreters                                                      
01 (AS 08.19.010).                                                                                                         
02    * Sec. 4.  AS 08.03.010(c) is amended by adding a new paragraph to read:                                           
03             (22)  Alaska State Board of American Sign Language Interpreters                                                      
04 (AS 08.19.010) -- June 30, 2003.                                                                                        
05    * Sec. 5.  AS 09.20.010(c) is amended to read:                                                                     
06 (c)  The court shall provide, and pay the cost of services of, an interpreter  who
07 holds a license or provisional license under AS 08.19  or  a  reader when necessary                                  
08 to enable a person with impaired hearing , speech,  or sight to act as a juror.                                       
09    * Sec. 6.  AS 44.62.330(a) is amended by adding a new paragraph to read:                                           
10             (60)  Alaska State Board of American Sign Language Interpreters.                                                     
11    * Sec. 7.  INITIAL BOARD MEMBERS.  Notwithstanding AS 08.19.010, enacted by sec.                                   
12 2 of this Act, and AS 39.05.055,                                                                                        
13   (1)  the terms of three initial members of the Alaska State Board of American                                         
14 Sign Language Interpreters shall be two years, and the terms of two initial members shall be                            
15 four years;                                                                                                             
16   (2)  the initial members appointed to fill seats on the Alaska State Board of                                         
17 American Sign Language Interpreters that are designated for sign language interpreters                                  
18 licensed under AS 08.19.060 need not be licensed until March 30, 2000; if a board member                                
19 governed by this paragraph is not licensed under AS 08.19.060 by March 30, 2000, the                                    
20 member forfeits office and the member's seat is considered vacant until filled by another                               
21 appointment.                                                                                                            
22    * Sec. 8.  DELAYED EFFECTIVE DATE.  AS 08.19.050, enacted by sec. 2 of this Act,                                   
23 and sec. 5 of this Act take effect March 30, 2000.                                                                      
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