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F I S C A L I M P A C T R E P O R T
SPONSOR Rodriquez
ORIGINAL DATE
LAST UPDATED
2/9/07
2/26/07 HB
SHORT TITLE
Signed Language Interpreter Practices Act
SB 817/aSFC
ANALYST C. Sanchez
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
$184.0 * Recurring Telecommunications
Access Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
REVENUE (dollars in thousands)
Estimated Revenue
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
FY09
Minimal
$40 Recurring
Signed
Language
Interpreting
Practices Fund
(Parenthesis ( ) Indicate Revenue Decreases)
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07 FY08 FY09 3 Year
Total
Cost
Recurring
or Non-
Rec
Fund
Affected
Total
$184*
$184*
$328 Recurring Telecommunications
Access Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates HB 1008
SOURCES OF INFORMATION
LFC Files
pg_0002
Senate Bill 817/aSFC – Page
2
Responses Received From
Commission for Deaf and Hard of Hearing (CDHH)
Regulation and Licensing Department (RLD)
Administrative Office of the Courts (AOC)
SUMMARY
Synopsis of SFC Amendment
On page 5, line 4, after “members", The Senate Finance Committee amendment inserts “, at least
two of whom are from each congressional district,". The purpose of the amendment is to have
representation from different parts of the state.
Synopsis of Original Bill
Senate Bill 817 creates a licensure program for signed language interpreters. The Act includes
several definitions:
•
Board: Signed Language Interpreting Practices Board
•
Consumer: person using the services of a signed language interpreter
•
Department: Regulation and Licensing Department
•
Interpreter: person who practices interpreting
•
Interpreting: process of providing accessible communication between deaf, hard of
hearing, or deaf-blind persons and hearing persons, including communication between
signed language and spoken language and other modalities such as visual, gesture, and
tactile methods, not to include written communication
For the purposes of the Act, a person is interpreting if the person advertises, offers to practice, is
employed in a position described as interpreting or holds out to the public or represents in any
manner that the person is an interpreter in this state. Unless licensed through this Act, a person
cannot:
•
Practice as an interpreter for compensation or where compensation is reasonably
expected or where effective communication is mandated by state or federal law,
•
Use the title of interpreter or make any representation as being an interpreter, or
•
Advertise or make any representation that the person is licensed to provide interpreting
services
A license is not required for:
•
Nonresident interpreters who work in New Mexico less than 30 days a year,
•
Interpreting for religious or spiritual settings,
•
Interpreting in emergency situations where delay is likely to cause injury or loss to the
consumer,
•
Interpreting by a supervised interpreter intern or student in training, and
•
Multilingual interpreting to accommodate the personal choice of the consumer.
The Act creates the Signed Language Interpreting Practices Board, administratively attached to
the Regulation and Licensing Department, which provides the staff for the Board. The Board
has seven members appointed by the governor. The members must include two licensed
pg_0003
Senate Bill 817/aSFC – Page
3
community interpreters, two licensed educational interpreters (one of whom is deaf or hard of
hearing), two consumers, and one person from the general public. Members will serve three-
year terms that will be initially staggered.
The powers of the Board include:
•
Administering and enforcing this Act,
•
Promulgating rules for licensure,
•
Evaluating applicants for licensure,
•
Promulgating rules to carry out and enforce this Act,
•
Maintaining a record of proceedings, and
•
Submitting an annual report to the governor.
The Act sets out qualifications to become a licensed community signed language interpreter.
The person must: apply and pay the fee, be over 18, be of good moral character, have completed
the educational requirements, and hold a nationally recognized signed language certification as
defined by the Board.
To qualify for a license as an educational signed language interpreter the person must: apply and
pay the fee, be over 18, be of good moral character, have completed all educational
requirements, and have passed a skill assessment test.
The Board may issue a one-time provisional license that will be valid for no more than five
years. Regular licenses will be renewed every two years and continuing education can be
required for renewal.
The Board has the authority to deny, revoke, or suspend a license if there is fraud or deceit in
obtaining a license, gross incompetence, unprofessional or unethical conduct, untruthful or
misleading advertising, use of alcohol or controlled substance to extent that the interpreter is
unfit to practice, violation of the Act, aiding a person who is not licensed to practice, and upon
proof of revocation, suspension or denial by another state. Violation of the Act is misdemeanor.
The Board may establish fees that do not exceed:
•
initial licensure: $250
•
biennial renewal: $200
•
provisional licensure: $200,
•
annual provisional renewal: $100
Money from the Telecommunications Access Fund may be used to carry out this Act. The
Board sunsets on July 1, 2014.
FISCAL IMPLICATIONS
The pool of interpreters eligible for licensure will be unable to generate sufficient revenue to
fund the operations of the board and make it self-sufficient. Accordingly, the bill provides for
the transfer of funding from the Telecommunications Fund administered by the Commission on
the Deaf and Hard of Hearing. According to budget projections the Board will require $184,000
for start up expenses for the first year. In succeeding years it is anticipated that the Board will
need an additional $184,000 to fund its operations. The budget is significantly higher that other
pg_0004
Senate Bill 817/aSFC – Page
4
licensing boards because of the nature of the population served by the licensees requiring the
availability of a full-time interpreter on staff in addition to the other usual staff. Additionally, the
Board will be made up of 7 members rather than the usual 5 and, although Board members will
serve without compensation, Board members will be entitled to per diem for attending board
meetings.
* $184,000 is listed on both the Appropriations table and the Estimated Additional Operating
Budget table for the following reasons. The HAFC has approved an additional $184,000 for
transfer to the Signed Language Interpreters Fund. However, a specific appropriation is not
included in this bill so the Estimated Additional Operating budget is $184,000. RLD is not
suggesting an appropriation of $184,000 and an additional operating budget of $184,000.
SIGNIFICANT ISSUES
The purpose of establishing the Signed Language Interpreter Licensure Board is;
1) Licensure is necessary to offer public assurance of professional competence.
2)
Deaf and hard of hearing persons will benefit from improved interpreter qualifications in
educational, medical, legal, job and other professional settings;
3)
The deaf and hard of hearing public will benefit from higher standards as well as
increased professional and legal accountability as a result of professional licensure;
4)
Both the deaf and hard of hearing community, as well as the public at large, will benefit
economically from strengthening the standards of educational interpretation, permitting
increased opportunities to the deaf;
5)
Provide deaf and hard of hearing community direct legal protection for malpractice or
malfeasance
6)
Decrease in the injury suffered by the deaf and hard of hearing due to unqualified
interpreters in educational, medical, and legal contexts;
7)
The current sign-language interpreters that do not qualify will be offered a grace period to
qualify for licensure and would be given a three year grace period to qualify. In
anticipation of interpreter shortage, the Commission for the Deaf and Hard of Hearing
(CDHH) has developed a mentoring program, to assist interpreters in enhancing their
skills and additional mentoring programs will be added once Interpreter Licensure has
been established. The CDHH will also investigate other opportunities for signed language
interpreters to improve their skills and satisfy licensure requirements.
PERFORMANCE IMPLICATIONS
If this board does not receive an appropriation of at least $184,000 it will be virtually impossible
to carry out its functions.
ADMINISTRATIVE IMPLICATIONS
This Board will be attached to the Regulation and Licensing Department. RLD does not have
specific expertise in providing services to disabled populations and would need to have the
services of an interpreter available at all times.
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Senate Bill 817/aSFC – Page
5
DUPLICATION,
HB 1008 duplicates SB 817
TECHNICAL ISSUES
Although the bill provides for an appropriation it does not identify a specific dollar amount.
OTHER SUBSTANTIVE ISSUES
Many state agencies use signed language interpreters regularly. For these agencies, licensure
will give greater certainty that interpreters have the skills and knowledge necessary. The bill
also creates a disciplinary process. While rare, occasionally, actions of interpreters come into
question and should be reviewed. Currently, there is no formal process for this review. Biennial
renewal will also provide assurance to state agencies that an interpreter is actively working and
maintaining the skills needed as an interpreter.
The Legislative Finance Committee supports the creation of this board.
ALTERNATIVES
Recommend adding direct appropriation language to the bill in the amounts stated above.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
Signed Language Interpreters will continue to be able to provide interpreting services without
licensure.
CS/nt