May 18, 2006, Introduced by Reps. Gleason, McDowell, Bieda, Condino, Accavitti, Gillard, Spade, Polidori, Miller, Bennett and Alma Smith and referred to the Committee on Government Operations.
A bill to amend 1982 PA 204, entitled
"Deaf persons' interpreters act,"
by amending the title and sections 2, 3, 4, 5, 6, 7, and 8 (MCL
393.502, 393.503, 393.504, 393.505, 393.506, 393.507, and 393.508),
section 8 as amended by 1988 PA 435, and by adding sections 3a, 3b,
3c, 3d, 3e, 8a, and 8b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for and regulate the use of interpreters in
administrative and judicial proceedings and in certain other
instances;
to establish standards for interpreters; and to
provide
compensation for interpreters; , to
prescribe the powers
and duties of certain state departments and agencies; to prescribe
penalties for the violation of the provisions of this act; and to
provide for the promulgation of rules.
Sec. 2. As used in this act:
(a) "Appointing authority" means a court or a department,
board, commission, agency, or licensing authority of this state or
a political subdivision of this state or an attorney, a medical
provider, a financial institution, an employer, or an educational
institution.
(b)
"Certified interpreter" means, depending upon the need of
the
deaf person, either a certified oral interpreter or a certified
sign
language interpreter.
(c)
"Certified oral interpreter" means a person who is able to
convey
information through facial and lip movement, and is
certified
by an organization which the division of deaf and
deafened
of the department of labor determines is an organization
nationally
recognized for the certification of persons who
interpret
for deaf persons.
(d)
"Certified sign language interpreter" means an interpreter
who
uses sign language to convey information and who is certified
by
an organization which the division of deaf and deafened of the
department
of labor determines is an organization nationally
recognized
for the certification of persons who interpret for deaf
persons.
(b) (e)
"Deaf person" means a person whose hearing
is
totally impaired or whose hearing, with or without amplification,
is so seriously impaired that the primary means of receiving spoken
language is through other sensory input; including, but not limited
to, lip reading, sign language, finger spelling, or reading.
(c) "Deaf-blind person" means a person who has a combination
of hearing loss and vision loss, such that the combination
necessitates specialized interpretation of spoken and written
information in a manner appropriate to that person's dual sensory
loss.
(d) "Educational institution" means a public or private
institution or a separate school or department of a public or
private institution, and includes an academy, college, elementary
or secondary school, extension course, kindergarten, nursery,
school system, school district, or university, and a business,
nursing, professional, secretarial, technical, or vocational
school, and includes an agent of an educational institution.
(e) "Employer" means a person who has 1 or more employees or a
person who as contractor or subcontractor is furnishing material or
performing work for the state or a governmental entity or agency of
the state and includes an agent of such a person.
(f) "Financial institution" means a state or nationally
chartered bank or a state or federally chartered savings and loan
association, savings bank, or credit union whose deposits are
insured by an agency of the United States government and that
maintains a principal office or branch office located in this state
under the laws of this state or the United States.
(g) (f)
"Intermediary interpreter" or "deaf interpreter"
means
any person, including any hearing impaired deaf or deaf-
blind person, who is able to assist in providing an accurate
interpretation between spoken English and sign language or between
variants
of sign language by acting as an intermediary between a
hearing
impaired deaf or deaf-blind person and a
certified
interpreter
or qualified interpreter.
(g)
"Qualified interpreter" means a person who is not a
certified
interpreter but whose qualifications for interpreting for
deaf
persons are determined by the division of deaf and deafened of
the
department of labor, with the advice of the Michigan
association
of deaf citizens and Michigan registry of interpreters
for
the deaf or their successor agencies, to be appropriate for
interpreting
for deaf persons.
(h) "Qualified interpreter" means a person who is certified
through the national registry of interpreters for the deaf or any
other national organization recognized by the division on deaf and
hard of hearing or certified through the state by the division on
deaf and hard of hearing with advice from the Michigan deaf
association and the Michigan registry of interpreters for the deaf
or their successor agencies with the expressive-receptive skills
and necessary vocabulary for the situation.
(i) "Qualified oral interpreter" means a qualified interpreter
who is able to convey information through facial and lip movement.
(j) "Qualified sign language interpreter" means a qualified
interpreter who uses sign language to convey information.
Sec. 3. (1) In any action before a court or a grand jury where
a deaf or deaf-blind person is a participant in the action, either
as
a plaintiff, defendant, or witness, the court shall appoint a
certified
interpreter or in its discretion, appoint a qualified
interpreter ,
to interpret the proceedings to the deaf or deaf-
blind person, to interpret the deaf or deaf-blind person's
testimony or statements, and to assist in preparation of the action
with the deaf or deaf-blind person's counsel.
(2) In a proceeding before an appointing authority, other than
a
court, the appointing authority shall appoint a certified
interpreter
or in its discretion, appoint a qualified interpreter
,
to interpret the proceedings to the deaf or deaf-blind person
and to interpret the deaf or deaf-blind person's testimony or
statements in any proceeding before the appointing authority.
(3) In any situation in a legal setting in which a deaf or
deaf-blind person is a participant, the attorney shall appoint a
qualified interpreter to interpret for the deaf or deaf-blind
person.
(4) (3)
The right of a deaf or deaf-blind person to a
certified
interpreter or qualified interpreter shall not be waived
except by a request for waiver in writing by the deaf or deaf-blind
person. A written waiver of a plaintiff or defendant is subject to
the approval of the deaf or deaf-blind person's counsel and the
approval of the appointing authority.
(5) (4)
A certified interpreter or qualified
interpreter
shall not be appointed unless the appointing authority and the deaf
or
deaf-blind person make a preliminary
determination that that
certified
interpreter or the qualified interpreter is able to
readily communicate with the deaf or deaf-blind person and to
interpret the proceedings in which the deaf or deaf-blind person is
involved.
(6) (5)
If a certified interpreter or qualified
interpreter states that the interpreter is unable to render a
satisfactory interpretation and that an intermediary interpreter or
deaf interpreter will improve the quality of the interpretation,
the appointing authority shall appoint an intermediary interpreter
or
deaf interpreter to assist the certified
interpreter or
qualified interpreter.
Sec. 3a. In any medical situation involving a medical provider
and a deaf or deaf-blind person, the medical provider shall appoint
a qualified interpreter to interpret for the deaf or deaf-blind
person.
Sec. 3b. In any transaction with a financial institution in
which a deaf or deaf-blind person is participating, the financial
institution shall appoint a qualified interpreter to interpret for
the deaf or deaf-blind person.
Sec. 3c. In any employment situation in which a deaf or deaf-
blind person is involved, the employer shall appoint a qualified
interpreter for the deaf or deaf-blind person.
Sec. 3d. In any transaction, proceeding, or other interaction
with a governmental unit in which a deaf or deaf-blind person is
involved, the governmental unit shall appoint a qualified
interpreter for the deaf or deaf-blind person.
Sec. 3e. In any educational setting within an educational
institution in which a deaf or deaf-blind person is involved, the
educational institution shall appoint a qualified interpreter for
the deaf or deaf-blind person.
Sec. 4. (1) Each deaf or deaf-blind person whose appearance in
an action or other proceeding entitles the deaf or deaf-blind
person
to a certified interpreter or qualified
interpreter shall
notify
the appointing authority of the need of a certified
interpreter
or qualified interpreter before the appearance.
(2) An appointing authority, when it knows a deaf or deaf-
blind person is, or will be coming before it, shall inform the deaf
or
deaf-blind person of the right to a certified
interpreter or
qualified interpreter.
(3) An appointing authority may require a person requesting
the
appointment of a certified interpreter or qualified
interpreter to furnish reasonable proof of the person's deafness,
if the appointing authority has reason to believe that the person
is not deaf or deaf-blind.
Sec. 5. (1) If a deaf or deaf-blind person is arrested and
taken into custody for any alleged violation of a criminal law of
this state, the arresting officer and the officer's supervisor
shall
procure a certified interpreter or qualified
interpreter in
order to properly interrogate the deaf or deaf-blind person and to
interpret the deaf or deaf-blind person's statements.
(2) A statement taken from a deaf or deaf-blind person before
a certified
interpreter or qualified interpreter is present shall
not be admissible in court.
Sec.
6. (1) Before a certified interpreter or qualified
interpreter participates in any action or other proceeding because
of
an appointment under this act, the
certified interpreter or
qualified
interpreter shall make an oath or affirmation that the
certified
interpreter or qualified interpreter will make a true
interpretation in an understandable manner to the deaf or deaf-
blind
person for whom the certified
interpreter or qualified
interpreter
is appointed and that the certified interpreter or
qualified interpreter will interpret the statements of the deaf or
deaf-blind person in the English language to the best of the
interpreter's skill. The appointing authority shall provide recess
periods
as necessary for the certified interpreter or qualified
interpreter
when the certified interpreter or qualified
interpreter so indicates.
(2)
The information that the certified interpreter,
qualified
interpreter, or intermediary interpreter, or deaf
interpreter gathers from the deaf or deaf-blind person pertaining
to
any action or other pending proceeding
then pending shall
at
all times remain confidential and privileged, unless the deaf or
deaf-blind person executes a written waiver allowing the
information to be communicated to other persons and the deaf or
deaf-blind person is present at the time the information is
communicated.
Sec. 7. (1) A court appointed interpreter, qualified
interpreter, or
intermediary interpreter, or deaf interpreter
shall
be paid a fee by the court which that
it determines to be
reasonable.
A certified intrepreter, qualified
interpreter, or
intermediary interpreter, or deaf interpreter appointed by an
appointing authority other than a court shall be paid a fee by the
appointing
authority. under a schedule of fees promulgated by the
division
of deaf and deafened of the department of labor with the
advice
of the Michigan registry of interpreter, for the deaf,
pursuant
to Act No. 306 of the Public Acts of 1969, as amended,
being
sections 24.201 to 24.315 of the Michigan Compiled Laws. In
addition,
a certified interpreter, qualified
interpreter, or
intermediary interpreter, or deaf interpreter shall be paid for his
or her actual expenses for travel, meals, and lodging.
(2)
If the certified interpreter, qualified
interpreter, or
intermediary interpreter, or deaf interpreter is appointed by an
appointing authority other than a court, the fee shall be paid out
of funds available to the appropriate appointing authority.
(3)
A certified interpreter or qualified
interpreter
appointed for the deaf or deaf-blind person shall be available for
the duration of the deaf or deaf-blind person's participation in
the action or other proceeding.
Sec. 8. (1) The appointing authority shall channel requests
for certified
interpreters, qualified interpreters, and
intermediary interpreters, and deaf interpreters through the
division
on deafness of the department of labor deaf and hard of
hearing.
(2)
The division on deafness of the department of labor deaf
and
hard of hearing shall compile and
update annually a listing of
certified
interpreters, qualified interpreters, and
intermediary
interpreters, and deaf interpreters and shall make this listing
available
to an appointing authority which that
may need the
services
of a certified interpreter, qualified
interpreter, or
intermediary interpreter, or deaf interpreter as required by this
act.
Sec. 8a. The division on deaf and hard of hearing of the
Michigan department of labor and economic growth with the advice of
the Michigan registry of interpreters of the deaf and the Michigan
deaf association shall promulgate rules under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to
enforce and administer this act.
Sec. 8b. (1) A qualified interpreter who violates the
provisions of this act is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$10,000.00 and not less than $1,000.00, or both.
(2) An appointing authority who violates the provisions of
this act is guilty of a misdemeanor punishable by a fine of not
more than $10,000.00 and not less than $1,000.00.