SB465: Bill Text

SB465,16,17 (i) Violated this chapter or any rule promulgated under this chapter or violated any other law of this state, any law of another state, or any federal law that substantially relates to the provision of interpretation services to clients.

SB465,16,20 (3) In addition to or in lieu of a reprimand or other action under sub. (2), the board may establish by rule other penalties, including a forfeiture not to exceed $1,000 for each violation, for a violation under sub. (2).

SB465,16,23 471.09 Penalty. A person who violates this chapter or any rule promulgated under this chapter may be fined not more than $10,000 or imprisoned for not more than 6 months or both.

SB465,17,3 471.095 Injunction. (1) 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 s. 471.02.

SB465,17,7 (2) If, after holding a public hearing, the board determines that a person has engaged in a practice or used a title without a license required under s. 471.02, the board may issue a special order enjoining the person from the continuation of the practice or use of the title.

SB465,17,11 (3) In lieu of holding a public hearing, if the board has reason to believe that a person has engaged in a practice or used a title without a license required under s. 471.02, the board may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

SB465,17,16 (4) (a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The board, department, attorney general, or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

SB465,17,19 (b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

SB465,6 Section 6. 905.015 (2) (intro.) of the statutes is amended to read:

SB465,17,24 905.015 (2) (intro.) In addition to the privilege under sub. (1), a person who is licensed as an interpreter under s. 440.032 (3) 471.04 may not disclose any aspect of a confidential communication facilitated by the interpreter unless one of the following conditions applies:

SB465,7 Section 7 . Nonstatutory provisions.

SB465,18,2 (1) Definition. In subsections (2) to (7), “board" means the sign language interpreters examining board.

SB465,18,7 (2) Credentials of initial members. Notwithstanding section 15.405 (18) (b) 2. or 3. of the statutes, the initial members appointed to the board under section 15.405 (18) (b) 2. or 3. of the statutes need not be licensed under section 471.04 of the statutes, but shall be sign language interpreters licensed under section 440.032, 2015 stats.

SB465,18,13 (3) Staggering of terms. Notwithstanding the length of terms specified for the members of the board under section 15.405 (18) (b) (intro.) of the statutes, 2 of the initial members shall be appointed for terms expiring on July 1, 2020; 2 of the initial members shall be appointed for terms expiring on July 1, 2021; 2 of the initial members shall be appointed for terms expiring on July 1, 2022; and one of the initial members shall be appointed for a term expiring on July 1, 2023.

SB465,18,14 (4) Provisional appointments.

SB465,18,23 (a) Notwithstanding the requirement of advice and consent of the senate under section 15.08 (1) of the statutes, the initial members of the board nominated by the governor may be provisionally appointed by the governor, subject to later senate confirmation. Any provisional appointment shall be in full force until withdrawn by the governor or acted upon by the senate, and if confirmed by the senate shall continue for the remainder of the unexpired term of the member and until a successor is appointed and qualifies. A provisional appointee may exercise all the powers and duties of board membership to which the person is appointed during the time in which the appointee qualifies.

SB465,19,3 (b) A provisional appointment made under paragraph (a) that is withdrawn by the governor shall, upon withdrawal, lapse and create a vacancy for provisional appointment of another initial member of the board. Any provisional appointment made under paragraph (a) that is rejected by the senate shall, upon rejection, lapse and create a vacancy for provisional appointment of another initial board member.

SB465,19,4 (5) Transitional licensure.

SB465,19,12 (a) Sign language interpreter — intermediate hearing. On the effective date of this paragraph, a sign language interpreter who, immediately prior to the effective date of this paragraph, held a valid 151 Restricted License issued by the department of safety and professional services, is considered to be a licensed sign language interpreter — intermediate hearing under section 471.04 (1) of the statutes, and the department of safety and professional services shall issue a license to the individual under section 471.04 (1) of the statutes notwithstanding the fee and other application requirements under that section of the statutes.

SB465,19,20 (b) Sign language interpreter — advanced hearing. On the effective date of this paragraph, a sign language interpreter who, immediately prior to the effective date of this paragraph, held a valid 150 Renewable License issued by the department of safety and professional services, is considered to be a licensed sign language interpreter — advanced hearing under section 471.04 (2) of the statutes, and the department of safety and professional services shall issue a license to the individual under section 471.04 (2) of the statutes notwithstanding the fee and other application requirements under that section of the statutes.

SB465,20,4 (c) Sign language interpreter — intermediate deaf. On the effective date of this paragraph, a sign language interpreter who is deaf, hard of hearing, or deaf-blind and who, immediately prior to the effective date of this paragraph, held a valid 151 Restricted License issued by the department of safety and professional services, is considered to be a licensed sign language interpreter — intermediate deaf under section 471.04 (3) of the statutes, and the department of safety and professional services shall issue a license to the individual under section 471.04 (3) of the statutes notwithstanding the fee and other application requirements under that section of the statutes.

SB465,20,13 (d) Sign language interpreter — advanced deaf. On the effective date of this paragraph, a sign language interpreter who is deaf, hard of hearing, or deaf-blind and who, immediately prior to the effective date of this paragraph, held a valid 150 Renewable License issued by the department of safety and professional services, is considered to be a licensed sign language interpreter — advanced deaf under section 471.04 (4) of the statutes, and the department of safety and professional services shall issue a license to the individual under section 471.04 (4) of the statutes notwithstanding the fee and other application requirements under that section of the statutes.

SB465,20,14 (6) Other transitional provisions.

SB465,20,15 (a) Department of safety and professional services.

SB465,20,22 1. `Pending matters.' Each matter pending with the department of safety and professional services on the effective date of this subdivision that is primarily related to the regulation of sign language interpreters, as determined by the secretary of safety and professional services, is transferred to the board and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matter are considered as having been submitted to or taken by the board.

SB465,21,7 2. `Rules and orders.' All rules promulgated by the department of safety and professional services that are primarily related to the regulation of sign language interpreters, as determined by the secretary of safety and professional services, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the board. All orders issued by the department of safety and professional services that are primarily related to the regulation of sign language interpreters, as determined by the secretary of safety and professional services, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the board.

SB465,21,8 (b) Elimination of the sign language interpreter council.

SB465,21,11 1. `Assets and liabilities.' On the effective date of this subdivision, the assets and liabilities of the sign language interpreter council become the assets and liabilities of the board.

SB465,21,14 2. `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the sign language interpreter council is transferred to the board.

SB465,21,19 3. `Contracts.' All contracts entered into by the sign language interpreter council in effect on the effective date of this subdivision remain in effect and are transferred to the board. The board shall carry out all obligations under such a contract unless modified or rescinded by the board to the extent allowed under the contract.

SB465,21,24 4. `Pending matters.' Each matter pending with the sign language interpreter council on the effective date of this subdivision is transferred to the board and all materials submitted to or actions taken by the sign language interpreter council with respect to the pending matter are considered as having been submitted to or taken by the board.

SB465,22,6 5. `Rules and orders.' All rules promulgated by the sign language interpreter council that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the board. All orders issued by the sign language interpreter council that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the board.

SB465,22,15 (7) Emergency rules. The board may promulgate emergency rules under section 227.24 of the statutes necessary to implement this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2019, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB465,8 Section 8 . Initial applicability.

SB465,22,19 (1) Restricted license renewals. The treatment of section 440.032 (3) (b) 3. (by Section 4 ) of the statutes first applies retroactively to an individual holding a valid license under section 440.032 (3) (b) 1. or 2. of the statutes on August 31, 2017.

SB465,9 Section 9. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

SB465,22,24 (1) Restricted license renewals. The treatment of section 440.032 (3) (b) 3. (by Section 4 ) of the statutes and Section 8 of this act take effect on the day after publication.

SB465,22,25 (End)