October 24, 2017 - Introduced by Representatives Brostoff, Skowronski,
Kleefisch, Crowley, Bowen, Vorpagel, Stuck, Subeck, Rohrkaste,
Anderson, Spiros, Spreitzer, Genrich, Sargent, Hintz, Zamarripa, Ripp, C.
Taylor
, Sinicki, Kolste, Riemer, E. Brooks, Hebl and Goyke, cosponsored by
Senators Testin, Johnson, Vinehout, Larson and Carpenter. Referred to
Committee on Jobs and the Economy.
AB589,1,5 1An Act to repeal 15.407 (9) and 440.032; to amend 440.032 (3) (b) 3. and 905.015
2(2) (intro.); and to create 15.405 (18) and chapter 471 of the statutes; relating
3to:
regulation of sign language interpretation services, providing an exemption
4from emergency rule procedures, granting rule-making authority, and
5providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill replaces the current licensure program for sign language interpreters
licensed by the Department of Safety and Professional Services with a licensure
program administered by the Sign Language Interpreters Examining Board, which
is created in the bill. The board's membership consists of three deaf, hard of hearing,
or deaf-blind individuals, three experienced sign language interpreters who are
licensed under the bill, and one individual who is not deaf, hard of hearing, or
deaf-blind and has obtained the services of a sign language interpreter on behalf of
an individual who is deaf, hard of hearing, or deaf-blind.
Under the bill, the board grants the following licenses:
1. Sign language interpreter — intermediate hearing. The board 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; 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 the board determines is substantially
equivalent to the BEI basic performance examination. The bill includes alternative
paths to licensure as a sign language interpreter — intermediate hearing.
2. Sign language interpreter — advanced hearing. The board 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; 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 the board
determines is substantially equivalent. The bill includes alternative paths to
licensure as a sign language interpreter — advanced hearing.
3. Sign language interpreter — intermediate deaf. The board 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; and the individual provides to the board 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.
4. Sign language interpreter — advanced deaf. The board 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 the board.
The bill requires the board to promulgate rules defining the scope of practice
of each of the licenses described above, subject to certain restrictions set forth in the
bill.
The bill also establishes a committee to negotiate, develop, execute, and
periodically review on behalf of the board a memorandum of understanding between
the board and the Department of Public Instruction regarding DPI's licensure of
educational sign language interpreters. An individual licensed by DPI and providing
sign language interpretation services at a school or school-sponsored event is not
required to be licensed by the board. The bill also includes other temporary and
permanent exemptions from licensure.
Finally, in addition to enforcement powers and penalties that are similar to the
powers provided to other examining boards and applicable penalties, the bill
provides enforcement authority to the board with respect to the unauthorized
practice of sign language interpretation or the unauthorized use of a title related to

sign language interpretation. Under the bill, the board may conduct investigations,
hold hearings, and make findings as to whether a person has engaged in a practice
or used a title without a license required under the bill. If the board determines after
a public hearing that a person has engaged in a practice or used a title without a
required license, the board may issue a special order enjoining the person from the
continuation of the practice or use of the title. Any person who violates such a special
order may be required to pay a forfeiture of up to $10,000 for each offense. The board,
DSPS, the attorney general, or any district attorney may commence an action in the
name of the state to recover the forfeiture.
In lieu of holding a public hearing, the board may petition the circuit court for
a temporary restraining order or an injunction. Any person who violates such a
temporary restraining order or injunction may be fined between $25 and $5,000 or
imprisoned for up to one year in the county jail or both.
Similar, although not identical, enforcement authority is provided to DSPS
under current law concerning the unauthorized practice or use of a title with respect
to a profession regulated by DSPS or a board under DSPS.
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:
AB589,1 1Section 1. 15.405 (18) of the statutes is created to read:
AB589,3,32 15.405 (18) Sign language interpreters examining board. (a) In this
3subsection, “interpretation services” has the meaning given in s. 471.01 (3).
AB589,3,64 (b) There is created a sign language interpreters examining board in the
5department of safety and professional services consisting of the following members
6appointed for 4-year terms:
AB589,3,97 1. Three public members who are deaf, hard of hearing, or deaf-blind. All of
8the members appointed under this subdivision shall have experience as individual
9clients of sign language interpreters providing interpretation services.
AB589,3,1110 2. Two sign language interpreters — advanced hearing licensed under s. 471.04
11(2).
AB589,3,1212 3. One sign language interpreter — advanced deaf licensed under s. 471.04 (4).
AB589,4,3
14. One public member who is not deaf, hard of hearing, or deaf-blind and who
2has obtained, or represents an entity that has obtained, interpretation services for
3the benefit of an individual who is deaf, hard of hearing, or deaf-blind.
AB589,4,74 (c) The governor shall nominate the members under par. (b) only after
5consultation with the Wisconsin Association of the Deaf, Inc., or its successor, and
6the Wisconsin Registry of Interpreters for the Deaf, Inc., or its successor, concerning
7the nominations.
AB589,4,98 (d) No member appointed under par. (b) may be an individual who is employed
9by or represents the department of safety and professional services.
AB589,2 10Section 2. 15.407 (9) of the statutes is repealed.
AB589,3 11Section 3. 440.032 of the statutes, as affected by 2017 Wisconsin Act .... (this
12act), is repealed.
AB589,4 13Section 4 . 440.032 (3) (b) 3. of the statutes is amended to read:
AB589,4,1514 440.032 (3) (b) 3. A license granted under subd. 1. or 2. may be renewed twice
153 times and is not valid upon the expiration of the 2nd 3rd renewal period.
AB589,5 16Section 5. Chapter 471 of the statutes is created to read:
AB589,4,1717 chapter 471
AB589,4,1918 sign language interpreters
19 examining board
AB589,4,20 20471.01 Definitions. In this chapter:
AB589,4,21 21(1) “Board” means the sign language interpreters examining board.
AB589,4,23 22(1m) “Board for Evaluation of Interpreters" means the Board for Evaluation
23of Interpreters or its successor.
AB589,5,2 24(2) “Client" means a deaf, hard of hearing, or deaf-blind individual for whom
25another individual provides interpretation services, and, to the extent the context

1requires, includes the parent or guardian of a deaf, hard of hearing, or deaf-blind
2individual if the individual is a minor.
AB589,5,4 3(3) “Interpretation services” means any kind of sign language interpretation
4services provided to a client, whether provided by a hearing or deaf interpreter.
AB589,5,6 5(4) “Interpreter training program” means any postsecondary educational
6program that prepares individuals to perform interpretation services.
AB589,5,8 7(4m) “Registry of Interpreters for the Deaf" means the Registry of Interpreters
8for the Deaf, Inc., or its successor.
AB589,5,10 9(5) “Support service provider" means an individual who is trained to act as a
10link between an individual who is deaf-blind and that individual's environment.
AB589,5,13 11471.02 License required. (1) No individual may, for compensation, provide
12interpretation services to a client unless the individual is licensed under s. 471.04
13or is exempt from licensure.
AB589,5,20 14(2) No individual may use the title “sign language interpreter," “interpreter for
15the deaf,” “hearing interpreter,” “deaf interpreter,” “ American sign language
16interpreter,” “ASL English interpreter,” or describe or imply that he or she is an
17individual who provides interpretation services to clients, or represent himself or
18herself as an individual who provides interpretation services to clients unless the
19individual is licensed under s. 471.04 or is exempt from licensure under sub. (3) (a)
20or (b) or s. 471.03 or 471.035.
AB589,5,23 21(2m) If interpretation services are provided via live remote video conferencing,
22an individual providing interpretation services shall be licensed under this section
23if any of the following applies at the time the interpretation services are provided:
AB589,5,2424 (a) The client is located in this state.
AB589,5,2525 (b) The individual providing interpretation services is located in this state.
AB589,6,1
1(3) No license is required under this section for any of the following:
AB589,6,92 (a) An individual providing interpretation services at any school or
3school-sponsored event if the individual is licensed by the department of public
4instruction as an educational interpreter. Subject to s. 471.07 (3), the board and the
5department of public instruction shall enter into a memorandum of understanding
6defining the scope of practice of a license issued by the department of public
7instruction under this paragraph. The department, on behalf of the board, and the
8department of public instruction shall post the memorandum of understanding on
9their Internet sites.
AB589,6,1410 (b) An individual providing interpretation services at a religious service or at
11a religious function, including educational or social events sponsored by a religious
12organization. This paragraph does not apply to an individual providing
13interpretation services for a religious organization at a professional function
14provided or sponsored by the religious organization.
AB589,6,1715 (c) A support service provider providing interpretation services for the purpose
16of facilitating communication between an individual who provides interpretation
17services and a client of the individual.
AB589,6,2018 (d) An individual who, in the course of the individual's employment, provides
19interpretation services during an emergency unless the interpretation services are
20provided during a period that exceeds 24 consecutive hours.
AB589,6,23 21471.03 Temporary exemptions. The board may grant, on a case-by-case
22basis, a temporary exemption from the licensure requirement under s. 471.02 to an
23individual applying for a temporary exemption, subject to the following:
AB589,6,25 24(1) The board may not grant the same individual temporary exemptions that
25total more than 21 days in the aggregate each year.
AB589,7,5
1(2) An individual's application for a temporary exemption under this section
2shall be in writing, shall describe the reasons why the individual cannot obtain a
3license under s. 471.04 and describe any professional credential the individual does
4possess, and shall specify the dates the individual intends to provide interpretation
5services.
AB589,7,7 6(3) The board shall approve or deny a temporary exemption under this section
7within 10 business days after receiving the application.
AB589,7,10 8471.035 Permanent exemptions. The board may grant, on a case-by-case
9basis, a permanent exemption from the licensure requirements under s. 471.02 to an
10individual applying for a permanent exemption, subject to the following:
AB589,7,12 11(1) An individual's application for a permanent exemption under this section
12shall describe the reasons why the individual cannot obtain a license under s. 471.04.
AB589,7,14 13(2) If the applicant for permanent exemption will be providing interpretation
14services to a single client only, the individual's application shall identify that client.
AB589,7,16 15471.04 Licensure. The board shall grant licenses for the provision of
16interpretation services under the following license categories:
AB589,7,20 17(1) Sign language interpreter — intermediate hearing. The board shall grant
18a sign language interpreter — intermediate hearing license to an applicant who
19submits an application on a form provided by the board, pays the fee determined by
20the department under s. 440.05 (1) (a), and satisfies any of the following:
AB589,7,2121 (a) The applicant satisfies all of the following conditions:
AB589,7,2322 1. The applicant has received at least a bachelor's degree from an accredited
23college or university.
AB589,7,2524 2. The applicant provides evidence satisfactory to the board that the applicant
25has successfully completed an interpreter training program.
AB589,8,3
13. The applicant has passed the basic performance examination of and is
2certified by the Board for Evaluation of Interpreters, or the applicant has passed a
3substantially equivalent examination, as determined by the board.
AB589,8,44 (b) The applicant satisfies all of the following conditions:
AB589,8,65 1. The applicant earned an associate degree in sign language interpretation
6before the effective date of this subdivision .... [LRB inserts date].
AB589,8,97 2. The applicant has passed the basic performance examination of and is
8certified by the Board for Evaluation of Interpreters, or the applicant has passed a
9substantially equivalent examination, as determined by the board.
AB589,8,1010 (c) The applicant satisfies all of the following conditions:
AB589,8,1511 1. Before the effective date of this subdivision .... [LRB inserts date], the
12applicant passed the basic performance examination of and is certified by the Board
13for Evaluation of Interpreters, or before the effective date of this subdivision .... [LRB
14inserts date], the applicant passed a substantially equivalent examination, as
15determined by the board.
AB589,8,1716 2. The board approves the applicant's licensure after review of all of the
17circumstances.
AB589,8,21 18(2) Sign language interpreter — advanced hearing. The board shall grant a
19sign language interpreter — advanced hearing license to an applicant who submits
20an application on a form provided by the board, pays the fee determined by the
21department under s. 440.05 (1) (a), and satisfies any of the following:
AB589,8,2222 (a) The applicant satisfies all of the following conditions:
AB589,8,2423 1. The applicant has received at least a bachelor's degree from an accredited
24college or university.
AB589,9,2
12. The applicant provides evidence satisfactory to the board that the applicant
2has successfully completed an interpreter training program.
AB589,9,73 3. The applicant has passed the advanced or master performance examination
4of and is certified by the Board for Evaluation of Interpreters, the applicant has
5passed the examination for and holds the national interpreter certification issued by
6the Registry of Interpreters for the Deaf, or the applicant has passed a substantially
7equivalent examination, as determined by the board.
AB589,9,98 (b) The applicant was issued before the effective date of this paragraph .... [LRB
9inserts date], and maintains in good standing any of the following:
AB589,9,1510 1. The national interpreter certification (NIC), advanced or master level
11national interpreter certification (NIC-Advance or NIC-Master), certificate of
12interpretation (CI), certificate of transliteration (CT), comprehensive skills
13certificate (CSC), master comprehensive skills certificate (MSCS), interpretation
14certificate (IC), or transliteration certificate (TC), issued by the Registry of
15Interpreters for the Deaf.
AB589,9,1616 2. The National Association of the Deaf III, IV, or V certification.
AB589,9,1817 3. The advanced or master certification of the Board for Evaluation of
18Interpreters.
AB589,9,22 19(3) Sign language interpreter — intermediate deaf. The board shall grant a
20sign language interpreter — intermediate deaf license to an applicant who submits
21an application on a form provided by the board, pays the fee determined by the
22department under s. 440.03 (9) (a), and satisfies all of the following:
AB589,9,2423 (a) The applicant holds a high school diploma or its equivalent, as determined
24by the board.
AB589,10,3
1(b) The applicant submits evidence satisfactory to the board of the applicant's
2successful completion of at least 40 hours of a deaf interpreter training curriculum
3approved by the board.
AB589,10,74 (c) The applicant submits evidence satisfactory to the board of the applicant's
5successful completion of at least 16 hours of interpretation services-related training
6approved for continuing education credits by the Registry of Interpreters for the Deaf
7or the Board for Evaluation of Interpreters.
AB589,10,108 (d) The applicant submits evidence satisfactory to the board of the applicant's
9successful completion of American sign language linguistics I and II or substantially
10equivalent coursework, as determined by the board.
AB589,10,1711 (e) The applicant provides to the board letters of recommendation satisfactory
12to the board from at least 2 individuals who hold a sign language interpreter —
13advanced deaf license, a certified deaf interpreter certification issued by the Registry
14of Interpreters for the Deaf, or an equivalent certification as determined by the
15board. Taken in the aggregate, the letters of recommendation shall verify that the
16applicant has successfully completed at least 25 hours of observing interpretation
17services provided to clients.
Loading...
Loading...