NY State Senate Bill 2021-S780

Senate Bill S780

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee 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
Jan 05, 2022	referred to education
Jan 06, 2021	referred to education

2021-S780 (ACTIVE) - Details

See Assembly Version of this Bill:: A8150
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 169 §§8900 - 8905, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8031
2023-2024: S6170, A3742

2021-S780 (ACTIVE) - Summary

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

2021-S780 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S780

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.

2021-S780 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    780
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03499-01-1

 S. 780                              2
 
 LANGUAGE INTERPRETING OR USE THE TITLE OF SIGN LANGUAGE INTERPRETER  FOR
 COMPENSATION.
   (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. 780                              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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