NY State Senate Bill 2019-S8031

Senate Bill S8031

2019-2020 Legislative Session

Relates to the licensing of sign language interpreters and creates a state board for sign language interpreting

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2020	referred to higher education

co-Sponsors

2019-S8031 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 169 §§8900 - 8905, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S780
2023-2024: S6170

2019-S8031 (ACTIVE) - Summary

Relates to the licensing of sign language interpreters and creates a state board for sign language interpreting.

2019-S8031 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8031

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the education law, in relation to the licensing of sign
language interpreters and creating a state board for sign language
interpreting

 
PURPOSE:

Under the Americans with Disabilities Act enacted in 1990, deaf individ-
uals have a legal right to sign language interpreters where communi-
cation access is concerned.

The quality of communication is dependent upon the quality of the inter-
preter. Deaf individuals need interpreters with the necessary qualifica-
tions to provide equal access to information and communicate effec-
tively. The quality of communication is not only imperative for deaf and
hard-of-hearing people, but also for hearing people who communicate with
them.

The purpose of this bill is to create a licensing requirement for sign
language interpreters. The bill will create a state board tasked with
standardizing the licensing of sign language interpreters.

 
JUSTIFICATION:

There are currently no licensing requirements for sign language inter-
preters in New York State.

People who have vision, hearing, or speech disabilities ("communication
disabilities") use different ways to communicate. For example, people
who are blind may give and receive information audibly rather than in
writing and people who are deaf may give and receive information through
writing or sign language rather than through speech.

The various forms of communication differ vastly from setting to
setting. Quality of communication is important whether in everyday,
casual settings or in life or death situations in a medical setting. An
individual has a right to access quality communication when visiting a
doctor's office or emergency room; court room or police station; class-
room or job interview. An unqualified, inexperienced, or undertrained
sign language interpreter who may inadequately translate spoken or
signed information could have grave consequences for deaf and hard-of-
hearing people, but also for hearing people who communicate with them in
these specialized settings.

Under the ADA, a "qualified" interpreter refers to those who can inter-
pret both expressively and receptively, accurately, effectively and
impartially. However, the qualifications required of interpreters in the
United States are inconsistent.

By creating a licensing requirement for sign language interpreters and a
state board tasked with standardizing the licensing of sign language
interpreters, the quality of communication will be more consistent for
deaf and hard-of-hearing people, and for hearing people who communicate
with them

 
EFFECTIVE DATE:
Five hundred fiftieth day after it shall have become a law.

2019-S8031 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8031
 
                             I N  S E N A T E
 
                              March 11, 2020
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to the licensing of  sign
   language  interpreters  and  creating  a state board for sign language
   interpreting
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new article 169 to
 read as follows:
                                ARTICLE 169
                        SIGN LANGUAGE INTERPRETERS
 SECTION 8900. INTRODUCTION.
         8901. DEFINITIONS.
         8902. PRACTICE OF SIGN LANGUAGE INTERPRETING.
         8903. STATE BOARD FOR SIGN LANGUAGE INTERPRETING.
         8904. LICENSING REQUIREMENTS.
         8905. EXEMPT PERSONS.
   §  8900.  INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF SIGN
 LANGUAGE  INTERPRETER.  THE  GENERAL  PROVISIONS  FOR  ALL   PROFESSIONS
 CONTAINED  IN  ARTICLE  ONE  HUNDRED  THIRTY OF THIS TITLE APPLY TO THIS
 ARTICLE.
   § 8901. DEFINITIONS. AS USED IN THIS ARTICLE:
   (1) "CLIENT" SHALL MEAN A DEAF, HARD OF HEARING OR HEARING PERSON  FOR
 WHOM  AN  INTERPRETER  PROVIDES SIGN LANGUAGE INTERPRETATION SERVICES OR
 WHO IS APPLYING TO BE ASSESSED FOR  THE  PURPOSE  OF  QUALIFYING  FOR  A
 LICENSE  THAT WILL ALLOW HIM OR HER TO PROVIDE SIGN LANGUAGE INTERPRETA-
 TION SERVICES.
   (2) "BOARD" SHALL MEAN THE BOARD FOR SIGN LANGUAGE INTERPRETING.
   § 8902. PRACTICE OF SIGN LANGUAGE  INTERPRETING.  (1)  ONLY  A  PERSON
 LICENSED  OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE SIGN
 LANGUAGE INTERPRETING OR USE THE TITLE OF SIGN LANGUAGE INTERPRETER  FOR
 COMPENSATION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13503-03-0

 S. 8031                             2
 
   (2) NO PERSON MAY, FOR COMPENSATION, PROVIDE SIGN LANGUAGE INTERPRETA-
 TION  SERVICES FOR A CLIENT UNLESS THE PERSON IS LICENSED BY THE DEPART-
 MENT.
   §  8903. STATE BOARD FOR SIGN LANGUAGE INTERPRETING. (1) A STATE BOARD
 FOR SIGN LANGUAGE INTERPRETING  SHALL  BE  APPOINTED  BY  THE  BOARD  OF
 REGENTS ON RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSIST-
 ING  THE  BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFESSIONAL
 LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
 HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST OF  NOT  LESS  THAN
 TEN  MEMBERS WHO SHALL SERVE THREE YEAR TERMS AND SHALL HAVE A FAMILIAR-
 ITY WITH DEAF OR HARD OF HEARING MATTERS. SUCH MEMBERS SHALL INCLUDE:
   (A) SIX DEAF OR HARD OF HEARING INDIVIDUALS WHO ARE CURRENTLY OR  HAVE
 PREVIOUSLY  BEEN  CLIENTS  OF  A  SIGN LANGUAGE INTERPRETER, ONE OF WHOM
 SHALL BE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PROFESSIONS OR A DESIG-
 NEE OF THE COMMISSIONER; AND
   (B) FOUR SIGN LANGUAGE  INTERPRETERS  WHO  HAVE  BEEN  LICENSED  UNDER
 SECTION  EIGHTY-NINE  HUNDRED FOUR OF THIS ARTICLE, AT LEAST ONE OF WHOM
 HOLDS A PROFESSIONAL LICENSE.
   (2) IN ORDER TO MAINTAIN HIGH-QUALITY OPERATION OF THE EXECUTIVE BOARD
 AND ALSO EFFECTIVE IMPLEMENTATION OF THE POLICY, ONE  HIGHLY  KNOWLEDGE-
 ABLE  DEAF  PERSON  MAY BE APPOINTED TO THE BOARD FROM OUT OF STATE, YET
 WORKING IN THE STATE OF NEW YORK.
   (3) THE BOARD SHALL PROMULGATE:
   (A) A CODE OF ETHICS FOR SIGN  LANGUAGE  INTERPRETERS  LICENSED  UNDER
 THIS ARTICLE;
   (B)  RULES FOR GRANTING LICENSING EXEMPTIONS UNDER SECTION EIGHTY-NINE
 HUNDRED FIVE OF THIS ARTICLE;
   (C) INDUSTRY STANDARDS FOR THE LICENSING OF SIGN  LANGUAGE  INTERPRET-
 ERS;
   (D) GUIDELINES FOR THE ADMINISTRATION OF TESTING FOR THE DEPARTMENT TO
 IMPLEMENT LICENSING AND LICENSE RENEWAL REQUIREMENTS;
   (E)  REQUIREMENTS  FOR  THE DEPARTMENT TO CREATE A SEARCHABLE DATABASE
 FOR CONSUMERS REQUIRING THE  ASSISTANCE  OF  A  LICENSED  SIGN  LANGUAGE
 INTERPRETER; AND
   (F) A CODE OF ETHICS AND REGULATIONS FOR THE PURPOSE OF LICENSING SIGN
 LANGUAGE  INTERPRETING  AGENCIES  THAT HIRE INTERPRETERS AND/OR TRANSLA-
 TORS.
   § 8904. LICENSING REQUIREMENTS. (1) TO QUALIFY FOR A LICENSE AS A SIGN
 LANGUAGE INTERPRETER, AN APPLICANT SHALL OBTAIN A  PROFESSIONAL  LICENSE
 AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   (2)  THE  DEPARTMENT  SHALL  GRANT  A  PROFESSIONAL  LICENSE AS A SIGN
 LANGUAGE INTERPRETER TO AN APPLICANT WHO:
   (A) SUBMITS AN APPLICATION ON A FORM PROVIDED BY THE DEPARTMENT;
   (B) PAYS A FEE OF ONE HUNDRED  FIVE  DOLLARS  TO  THE  DEPARTMENT  FOR
 ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
 LICENSE, A FEE OF SIXTY DOLLARS FOR EACH REEXAMINATION, A FEE OF  NINETY
 DOLLARS  FOR AN INITIAL LICENSE FOR PERSONS NOT REQUIRING ADMISSION TO A
 DEPARTMENT CONDUCTED EXAMINATION,  AND  A  FEE  OF  ONE  HUNDRED  THIRTY
 DOLLARS FOR EACH FIVE YEAR REGISTRATION PERIOD;
   (C) MEETS THE MINIMUM INDUSTRY STANDARDS DETERMINED BY THE BOARD TO BE
 LICENSED BY THE DEPARTMENT; AND
   (D)  ESTABLISHES  THE SCHEDULE OF APPROPRIATE FEES AS NEEDED TO ENSURE
 THE AFFORDABILITY TO CLIENTS  AND/OR  APPLICANTS  AND  TO  MAINTAIN  THE
 EFFECTIVE MANAGEMENT OF THE LICENSING PROCEDURES.

 S. 8031                             3
 
   (3)  ALL  LICENSEES  SHALL  MAINTAIN  THEIR SKILLS BY PARTICIPATING IN
 INTERPRETERS' TRAINING WORKSHOPS OR SEMINARS ARRANGED BY THE STATE BOARD
 FOR SIGN LANGUAGE INTERPRETING.
   §  8905.  EXEMPT  PERSONS.  (1)  THE  DEPARTMENT MAY GRANT A TEMPORARY
 EXEMPTION TO AN INDIVIDUAL WHO IS NOT A RESIDENT OF  THIS  STATE  FOR  A
 PERIOD  NOT TO EXCEED SIXTY DAYS IF THE INDIVIDUAL HAS CERTIFIED CREDEN-
 TIALS FROM THE STATE OF THEIR PREVIOUS RESIDENCE. THE DEPARTMENT MAY NOT
 GRANT AN INDIVIDUAL MORE THAN TWO TEMPORARY EXEMPTIONS PER YEAR PURSUANT
 TO THIS SUBDIVISION.
   (2) THE DEPARTMENT MAY GRANT A PERMANENT  EXEMPTION  TO  AN  APPLICANT
 BASED ON THEIR ABILITY TO MEET THE MINIMUM INDUSTRY STANDARDS DETERMINED
 BY THE BOARD TO BE LICENSED BY THE DEPARTMENT.
   (3)  THE DEPARTMENT MAY GRANT A TEMPORARY OR PERMANENT EXEMPTION TO AN
 INDIVIDUAL WHO IS A RESIDENT OF THIS STATE FOR A PERIOD SPECIFIED BY THE
 DEPARTMENT.
   § 2. This act shall take effect on the five hundred fiftieth day after
 it shall have become a law.

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Senate Bill S8031

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Sponsored By

Liz Krueger