AB250: Bill Text

LRB-2654/2

KP:kjf/wlj/amn

2019 - 2020 LEGISLATURE

2019 Assembly BILL 250

May 30, 2019 - Introduced by Representatives Skowronski, Brostoff, Thiesfeldt, Dittrich, Anderson, Bowen, Brandtjen, Cabrera, Emerson, Hebl, Hintz, Kolste, Kulp, Loudenbeck, Ramthun, Sargent, Snyder, Spiros, Spreitzer, Steffen, Subeck, Tittl, Tusler, Vining, Vruwink and Neubauer, cosponsored by Senators Testin, Johnson, Carpenter and L. Taylor. Referred to Committee on Workforce Development.

AB250,1,8 An Act to repeal 15.407 (9), 440.032 (1) (b), 440.032 (2) (b) 1., 440.032 (3) (a), 440.032 (3) (b) 3. and 440.032 (6); to amend 440.032 (3) (b) (title), 440.032 (3) (b) 1. b., 440.032 (3) (b) 2. (intro.) and 440.032 (5); to repeal and recreate 440.032 (2) (c) and 440.032 (7) (b); and to create 440.032 (1) (am), 440.032 (1) (bm), 440.032 (3) (c), 440.032 (3) (d), 440.032 (3) (e), 440.032 (3) (f), 440.032 (4m), 440.032 (5m) and 440.032 (6m) of the statutes; relating to: examinations and licensure of sign language interpreters, providing an exemption from emergency rule procedures, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes all of the following changes to the laws regulating sign language interpreters:

1. Replaces the current program for renewable sign language interpreter licenses granted by the Department of Safety and Professional Services with new categories of sign language interpreter licenses. Under the bill, DSPS grants the following licenses:

a. Sign language interpreter—intermediate hearing. DSPS must license an individual as a sign language interpreter—intermediate hearing if, among other requirements, the individual has received at least a bachelor's degree from an accredited college or university or an equivalent degree; the individual has successfully completed an interpreter training program; and the individual has passed the basic performance examination administered by the Board for Evaluation of Interpreters (BEI) and is certified by BEI or has passed an examination DSPS determines is substantially equivalent to the BEI basic performance examination. The bill includes alternative paths to licensure as a sign language interpreter—intermediate hearing.

b. Sign language interpreter—advanced hearing. DSPS must license an individual as a sign language interpreter—advanced hearing if, among other requirements, the individual has received at least a bachelor's degree from an accredited college or university or an equivalent degree; the individual has successfully completed an interpreter training program; and the individual has passed the advanced or master performance examination administered by BEI and is certified by BEI, has passed the examination for and holds the national interpreter certification issued by the Registry of Interpreters for the Deaf, Inc. (RID), or has passed an exam DSPS determines is substantially equivalent. The bill includes alternative paths to licensure as a sign language interpreter—advanced hearing.

c. Sign language interpreter—intermediate deaf. DSPS must license an individual as a sign language interpreter—intermediate deaf if, among other requirements, the individual holds a high school diploma or its equivalent; the individual successfully completed at least 40 hours of a sign language interpreter training curriculum for deaf interpreters; the individual successfully completed at least 16 hours of sign language interpretation-related training approved by BEI or RID or substantially equivalent training; and the individual provides to DSPS letters of recommendation from at least two individuals who hold a sign language interpreter—advanced deaf license, a certified deaf interpreter certification issued by RID, or an equivalent certification. Taken in the aggregate, the letters of recommendation must verify that the individual has successfully completed at least 25 hours of observing the provision of sign language interpretation services provided to clients.

d. Sign language interpreter—advanced deaf. DSPS must license an individual as a sign language interpreter—advanced deaf if, among other requirements, the individual holds at least an associate degree or satisfies an alternative pathway for education and the individual holds a certified deaf interpreter certification issued by RID or an equivalent certification, as determined by DSPS.

2. Requires DSPS to promulgate rules defining the scope of practice of each of the licenses described above, subject to certain restrictions set forth in the bill.

3. Authorizes DSPS to grant a renewable sign language interpreter license to an individual who, in addition to satisfying other requirements under current law, is certified by BEI.

4. Provides that a restricted sign language interpreter license may be renewed indefinitely. Under current law, the restricted license may be renewed only twice. The bill makes this change retroactively for an individual holding a valid restricted license on August 31, 2017.

5. Authorizes DSPS to grant a restricted sign language interpreter license to an individual who, in addition to satisfying other requirements under current law, has at least passed the BEI's basic performance examination.

6. Requires DSPS to administer in Wisconsin the BEI's performance examinations.

5. Eliminates the Sign Language Interpreter Council and establishes the Sign Language Interpreters Advisory Committee, which advises DSPS and consults with DSPS concerning investigations related to sign language interpreters.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB250,1 Section 1 . 15.407 (9) of the statutes is repealed.

AB250,2 Section 2 . 440.032 (1) (am) of the statutes is created to read:

AB250,3,4 440.032 (1) (am) “Committee” means the sign language interpreters advisory committee established under sub. (6m).

AB250,3 Section 3 . 440.032 (1) (b) of the statutes is repealed.

AB250,4 Section 4 . 440.032 (1) (bm) of the statutes is created to read:

AB250,3,9 440.032 (1) (bm) “Interpreter training program” means any postsecondary educational program that prepares individuals to provide sign language interpretation services to a client.

AB250,5 Section 5 . 440.032 (2) (b) 1. of the statutes is repealed.

AB250,6 Section 6 . 440.032 (2) (c) of the statutes is repealed and recreated to read:

AB250,3,14 440.032 (2) (c) 1. The department may grant, on a case-by-case basis, a temporary exemption from the licensure requirement under par. (a) to an individual applying for a temporary exemption, subject to the following:

AB250,4,2 a. An individual's application for a temporary exemption under this subdivision shall be in writing, shall describe the reasons why the individual cannot obtain a license under sub. (3) and describe any professional credential the individual does possess, and shall specify the dates the individual intends to provide sign language interpretation services.

AB250,4,4 b. The department shall approve or deny a temporary exemption under this subdivision within 10 business days after receiving the application.

AB250,4,7 2. The department may grant, on a case-by-case basis after receiving advice from the committee, a permanent exemption from the licensure requirement under par. (a) to an individual applying for a permanent exemption, subject to the following:

AB250,4,10 a. An individual's application for a permanent exemption under this subdivision shall describe the reasons why the individual cannot obtain a license under sub. (3).

AB250,4,13 b. If the applicant for a permanent exemption will be providing sign language interpretations services to a single client only, the individual's application shall identify that client.

AB250,7 Section 7 . 440.032 (3) (a) of the statutes is repealed.

AB250,8 Section 8 . 440.032 (3) (b) (title) of the statutes is amended to read:

AB250,4,16 440.032 (3) (b) (title) Restricted renewable licenses.

AB250,9 Section 9 . 440.032 (3) (b) 1. b. of the statutes is amended to read:

AB250,4,23 440.032 (3) (b) 1. b. The applicant is verified by the Wisconsin interpreting and transliterating assessment at level 2 or higher in both interpreting and transliterating or has passed at least the basic performance examination of the Board for Evaluation of Interpreters, or its successor. The department shall administer in this state the performance examinations of the Board for Evaluation of Interpreters, or its successor.

AB250,10 Section 10 . 440.032 (3) (b) 2. (intro.) of the statutes is amended to read:

AB250,5,6 440.032 (3) (b) 2. (intro.) The department shall grant a restricted license as a sign language interpreter, authorizing the holder to provide interpretation services only under the supervision of an interpreter licensed under par. (a) pars. (c) to (f), to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department of all of the following:

AB250,11 Section 11 . 440.032 (3) (b) 3. of the statutes is repealed.

AB250,12 Section 12 . 440.032 (3) (c) of the statutes is created to read:

AB250,5,13 440.032 (3) (c) Sign language interpreter— intermediate hearing licenses. The department shall grant a sign language interpreter—intermediate hearing license to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under 440.03 (9) (a), and satisfies any of the following:

AB250,5,14 1. The applicant satisfies all of the following:

AB250,5,17 a. The applicant has received at least a bachelor's degree from an accredited college or university, or an equivalent degree, as determined by the department after receiving advice from the committee.

AB250,5,19 b. The applicant provides evidence satisfactory to the department that the applicant has successfully completed an interpreter training program.

AB250,5,23 c. The applicant has passed the basic performance examination of and is certified by the Board for Evaluation of Interpreters, or its successor, or the applicant has passed a substantially equivalent examination, as determined by the department after receiving advice from the committee.

AB250,5,24 2. The applicant satisfies all of the following:

AB250,6,2 a. The applicant earned an associate degree in sign language interpretation before the effective date of this subd. 2. a. .... [LRB inserts date].