HB-4208, As Passed House, March 14, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4208

     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, 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 entity that provides a

qualified interpreter in circumstances described under section 3a.

     (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) (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.

     (e) "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.

     (f) "Qualified oral interpreter" means a qualified interpreter

who is able to convey information through facial and lip movement.

     (g) "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) 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.

     (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.

     (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. If an accommodation is made for a deaf or deaf-blind

person in circumstances enumerated in the Americans with

disabilities act of 1990, Public Law 101-336, the interpreter shall

be a qualified interpreter.

     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 person who knows that he or she does not meet

the definition of qualified interpreter under this act and

misrepresents himself or herself as a qualified interpreter is

guilty of a misdemeanor punishable by imprisonment for not more

than 90 days or a fine of not less than $500.00 or more than

$1,000.00, or both.

     (2) An appointing authority other than a court that violates

the provisions of this act is guilty of a misdemeanor punishable by

a fine of not less than $1,000.00 and not more than $10,000.00.

     (3) An applicant to become certified as a qualified

interpreter through the state by the division for the deaf and hard

of hearing or a qualified interpreter certified through the state

by the division for deaf and hard of hearing who violates the

provisions of this act is subject to 1 or more of the following

actions by the division for the deaf and hard of hearing:

     (a) Rejection of his or her application for certification as a

qualified interpreter under this act.

     (b) Revocation, suspension, or limitation of his or her

certification as a qualified interpreter under this act.