HB-4208, As Passed Senate, May 22, 2007

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4208

     A bill to amend 1982 PA 204, entitled

"Deaf persons' interpreters act,"

by amending sections 2 and 3 (MCL 393.502 and 393.503) and by

adding section 3a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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 is required

to provide 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) "Division" means the division on deaf and hard of hearing

of the department of labor and economic growth.

(e) (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.

     (f) "Qualified interpreter" means a person who is certified

through the national registry of interpreters for the deaf or

certified through the state by the division.

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

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

     (h) "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 interpreter is required as an accommodation for

a deaf or deaf-blind person under state or federal law, the

interpreter shall be a qualified interpreter.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 25 of the 94th Legislature is enacted into

law.