21st Legislature(1999-2000)

Bill Text 21st Legislature


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