SB-0025, As Passed House, June 5, 2007
SUBSTITUTE FOR
SENATE BILL NO. 25
A bill to amend 1982 PA 204, entitled
"Deaf persons' interpreters act,"
by amending the title and sections 4, 5, 6, 7, and 8 (MCL 393.504,
393.505, 393.506, 393.507, and 393.508), section 8 as amended by
1988 PA 435, and by adding sections 8a, 8b, 8c, 8d, and 8e.
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. 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
provide reasonable notice to the appointing authority of the
need
of a certified interpreter or qualified interpreter before the
appearance. Each deaf or deaf-blind person who is entitled to a
qualified interpreter as an accommodation under state or federal
law shall provide reasonable notice to the appointing authority of
the need for a qualified interpreter.
(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
is
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.
(2)
The division on deafness of the department of labor 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
Senate Bill No. 25 as amended May 22, 2007
interpreter,
qualified interpreter, or intermediary
interpreter, or
deaf interpreter as required by this act.
Sec. 8a. (1) The division, with the advice of the department
of education<<
>>, shall promulgate rules, under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that
govern procedures for application, testing, revocation, suspension
or limitation of certification, continuing education, renewals, and
grievances<<, minimum credential requirements and levels, and minimum
standards of practice.
(2)>> The rules promulgated under this section shall be
coordinated with the department of education and the administrative
rule for special education, R 340.1793a of the Michigan
administrative code.
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 individual who applies to become certified as a
qualified interpreter through the state by the division or a
qualified interpreter certified through the state by the division
who violates this act is subject to 1 or more of the following
actions by the division:
Senate Bill No. 25 as amended May 22, 2007
(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.
(3) An appointing authority that willfully violates section 3a is
subject to a civil fine of not less than $1,000.00 and not more than
$10,000.00.>>
(4) Subsection <<(3)>> becomes effective on the effective date of
the rules promulgated under this <<PURSUANT TO SECTION 8A>>.
Sec. 8c. A person who is certified through and is in good
standing with the national registry of interpreters for the deaf <<
>> shall be
issued a state certification upon filing a complete application and
submitting the $30.00 application fee.
Sec. 8d. Any person possessing a Michigan quality assurance
certification at the level of I, II, or III, on the effective date
of the amendatory act that added this section, shall be considered
a qualified interpreter for purposes of this act until that
certification status expires. He or she may renew the certificate
annually until it expires and retesting is required.
Sec. 8e. (1) A person who is a qualified interpreter, upon
presentation of national certification credentials and without
examination, shall pay a $30.00 application fee, that shall also
fulfill the initial certification requirement under subsection (2).
(2) The division shall collect a $30.00 annual renewal fee for
issuing state certification credentials for all qualified
interpreters under this act.
(3) The division shall collect a $125.00 examination fee from
each resident of this state applying to take an examination for
certification under this act. The division shall collect a $175.00
examination fee from each person who does not reside in this state
who applies to take an examination for certification under this
act.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4208 of the 94th Legislature is enacted into
law.