Bill Text 21st Legislature
- Session Laws
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
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;
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
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
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
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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