AB158: Bill Text

LRB-0012/2

MDK:kmg:pg

2003 - 2004 LEGISLATURE

2003 Assembly BILL 158

March 13, 2003 - Introduced by Representatives Turner, Berceau, Coggs, Colon, Ladwig and Seratti, cosponsored by Senator Schultz. Referred to Committee on Labor.

AB158,1,3 An Act to create 440.08 (2) (a) 35g. and subchapter VI of chapter 440 [precedes 440.70] of the statutes; relating to: certifying foreign language interpreters, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill prohibits a person from representing that he or she is a "Wisconsin certified foreign language interpreter," or using such a title, unless he or she is granted a certificate by the Department of Regulation and Licensing (DRL). However, the bill does not prohibit a person without a certificate from interpreting foreign languages, if he or she does not make the prohibited representation or use the prohibited title. The bill requires DRL to promulgate rules that establish the education, competency, or training requirements that a person must satisfy to be granted a certificate. The requirements must ensure that a person who is certified is competent to facilitate communication between non-English speakers and providers of goods and services.

The bill also requires DRL to promulgate rules that specify the foreign languages for which a person may be granted a certificate. The foreign languages must include Spanish. DRL must specify on a certificate the languages for which a person is certified as a Wisconsin certified foreign language interpreter. A certificate holder must renew the certificate every two years.

In addition, the bill requires a person who is granted a certificate to keep confidential any communication that he or she facilitates between a non-English speaker and a provider of goods and services, unless the non-English speaker specifically authorizes disclosure. However, the bill does not create an evidentiary privilege for such a communication. Therefore, unless another evidentiary privilege applies to a communication, a person who is granted a certificate may be required to disclose the communication in a judicial or administrative proceeding.

The bill allows DRL to take disciplinary action against a person who is granted a certificate if the person engages in prohibited conduct. Disciplinary action may include suspending or revoking a certificate. Grounds for disciplinary action include being convicted of an offense the circumstances of which substantially relate to the interpretation of foreign languages, which is also grounds for denying a certificate to an applicant.

Finally, the bill provides for a forfeiture of not more than $500 for each violation of the bill's requirements.

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:

AB158, s. 1 Section 1. 440.08 (2) (a) 35g. of the statutes is created to read:

AB158,2,3 440.08 (2) (a) 35g. Foreign language interpreter, Wisconsin certified: July 1 of each odd-numbered year; $53.

AB158, s. 2 Section 2. Subchapter VI of chapter 440 [precedes 440.70] of the statutes is created to read:

AB158,2,6 Chapter 440

AB158,2,8 SUBCHAPTER VI Wisconsin certified

AB158,2,9 foreign language interpreters

AB158,2,10 440.70 Definitions. In this subchapter:

AB158,2,13 (1) "Non-English speaker" means a person whose primary language is not English and who is unable to communicate in English or has limited proficiency in English.

AB158,3,2 (2) "Wisconsin certified foreign language interpreter" means a person who is certified as a Wisconsin certified foreign language interpreter under this subchapter.

AB158,3,7 440.71 Use of title. No person may use the title "Wisconsin certified foreign language interpreter," use any title or description that implies that he or she is a Wisconsin certified foreign language interpreter, or represent himself or herself to be a Wisconsin certified foreign language interpreter unless the person is granted a certificate under this subchapter.

AB158,3,11 440.72 Certification. (1) The department shall grant a person a certificate as a Wisconsin certified foreign language interpreter for one or more languages specified in rules promulgated under s. 440.73 (1) if the person does all of the following:

AB158,3,13 (a) Submits an application for the certificate to the department on a form provided by the department.

AB158,3,14 (b) Pays the fee specified in s. 440.05 (1).

AB158,3,16 (c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the department that he or she does not have an arrest or conviction record.

AB158,3,18 (d) Submits evidence satisfactory to the department that he or she satisfies the requirements established in rules promulgated under s. 440.73.

AB158,3,21 (2) The department shall specify on a certificate granted under sub. (1) the languages for which the certificate holder is certified as a Wisconsin certified foreign language interpreter.

AB158,3,23 440.73 Rule making. The department shall promulgate rules for all of the following:

AB158,4,3 (1) Specifying the foreign languages for which a person may be certified as a Wisconsin certified foreign language interpreter. The languages specified in the rules shall include Spanish.

AB158,4,8 (2) Establishing the education, training, or competency requirements that an applicant for certification must satisfy in order to be certified for a foreign language under this subchapter. The requirements shall ensure that the person is competent to facilitate communication between non-English speakers of that language and providers of goods and services.

AB158,4,12 440.74 Certificate renewal. The renewal dates for certificates granted under this subchapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a).

AB158,4,17 440.75 Confidentiality. A Wisconsin certified foreign language interpreter shall keep confidential any communication that the interpreter facilitates between a non-English speaker and a provider of goods and services, unless the non-English speaker specifically authorizes the disclosure of the communication. This section does not create a privilege under s. 905.01.

AB158,4,21 440.76 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB158,5,2 (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a Wisconsin certified foreign language interpreter or deny, limit, suspend, or revoke a certificate granted under this subchapter if the department finds that the applicant or the Wisconsin certified foreign language interpreter has done any of the following:

AB158,5,4 (a) Made a material misstatement in an application for a certificate or for renewal of a certificate.

AB158,5,7 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the interpretation of foreign languages.

AB158,5,10 (c) Subject to ss. 111.321, 111.322 and 111.34, provided foreign language interpretation services while his or her ability to provide the services was impaired by alcohol or other drugs.

AB158,5,13 (d) Engaged in conduct while providing foreign language interpretation services that evidences a lack of knowledge or ability to apply interpretation principles or skills.

AB158,5,15 (e) Represented that he or she is certified under this subchapter for a language that is not specified in the certificate granted to him or her under this subchapter.

AB158,5,16 (f) Violated this subchapter or any rule promulgated under this subchapter.

AB158,5,19 440.77 Penalties. A person who violates this subchapter or any rule promulgated under this subchapter may be required to forfeit not more than $500 for each violation.

AB158, s. 3 Section 3. Effective date.

AB158,5,22 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB158,5,23 (End)