PRINTER'S NO. 1970
No. 1702 Session of 1993
INTRODUCED BY BELARDI, SURRA, VEON, CAWLEY, STABACK, BATTISTO,
BLAUM, BELFANTI, OLASZ, JAMES, ROONEY, GIGLIOTTI, DERMODY,
VAN HORNE, KUKOVICH, MELIO, GRUPPO, CURRY, MILLER, RUDY,
YANDRISEVITS, CIVERA, BEBKO-JONES, KASUNIC, COLAIZZO,
PISTELLA, BISHOP AND GEIST, MAY 26, 1993
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 26, 1993
AN ACT
1 Amending the act of December 16, 1986 (P.L.1621, No.184),
2 entitled "An act establishing and imposing powers and duties
3 on the Office for the Deaf and Hearing Impaired in the
4 Department of Labor and Industry; and establishing and
5 providing powers and duties for the Advisory Council for the
6 Deaf and Hearing Impaired in the Department of Labor and
7 Industry," providing for definitions and for the
8 establishment of a program for interpreters for persons who
9 are deaf and hard of hearing; and making an appropriation.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The act of December 16, 1986 (P.L.1621, No.184),
13 entitled "An act establishing and imposing powers and duties on
14 the Office for the Deaf and Hearing Impaired in the Department
15 of Labor and Industry; and establishing and providing powers and
16 duties for the Advisory Council for the Deaf and Hearing
17 Impaired in the Department of Labor and Industry," is amended by
18 adding a section to read:
19 Section 1.1. Definitions.
20 The following words and phrases when used in this act shall
1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "American Sign Language." The manual communication method
4 widely used by persons who are deaf which is characterized by
5 handshapes and hand/arm movements that represent words, concepts
6 or letters of the English alphabet in a syntax independent of
7 the English language.
8 "Committee." The Advisory Committee on Interpreting under
9 section 4.1.
10 "Interpreter." A person who performs the service of
11 interpreting.
12 "Interpreting." Any type of interfacing communication
13 between a person who is hard of hearing and a person who has
14 normal hearing. These types include:
15 (1) Sign language interpreting, which is the process of
16 changing a message produced in American Sign Language into an
17 equivalent message in spoken or written English or the
18 process of changing a message in spoken or written English
19 into an equivalent message in American Sign Language.
20 (2) Transliterating, which is the process of presenting
21 written or spoken English in an English-based sign system or
22 the process of presenting an English-based sign system in
23 written or spoken English.
24 (3) Oral interpreting, which is the process of
25 paraphrasing and transliterating, using clear articulation or
26 voiceless repetition, with natural facial expressions and
27 natural gestures, a spoken message from a person who has
28 normal hearing to a person who is deaf or hard of hearing or
29 from a person who is deaf or hard of hearing to a person who
30 has normal hearing and includes the process of understanding
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1 and repeating the message and intent of the speech and mouth
2 movements of the person who is deaf or hard of hearing. Oral
3 interpreting does not include sign language interpreting.
4 "Person who is deaf." A person whose hearing loss prevents
5 the person from receiving and understanding voice communication
6 through hearing, with or without a hearing aid.
7 "Person who is hard of hearing." A person who is deaf or a
8 person with a partial hearing loss that limits the ability of
9 the person to receive and understand voice communication through
10 hearing, with or without a hearing aid.
11 "Qualified interpreter." A person who meets the requirements
12 for qualifying and registering as an interpreter as determined
13 by the Office for the Deaf and Hearing Impaired in accordance
14 with section 4.1.
15 Section 2. Section 3(7) of the act is amended to read:
16 Section 3. Powers and duties of the office.
17 The Office for the Deaf and Hearing Impaired, with the advice
18 of the Advisory Council for the Deaf and Hearing Impaired, and
19 as directed by the Secretary of Labor and Industry, shall:
20 * * *
21 [(7) Maintain a listing of persons qualified in various
22 types of interpreting for persons deaf and hearing impaired
23 and make this information available to local, State, Federal
24 and private agencies.]
25 (7) Develop, implement and administer a program for the
26 qualifying, registering and funding of interpreters for
27 persons who are deaf or hard of hearing, and advocate and
28 promote the recruitment, professional development and proper
29 use of these interpreters.
30 * * *
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1 Section 3. The act is amended by adding a section to read:
2 Section 4.1. Interpreter program.
3 (a) Qualification and registration.--The Office for the Deaf
4 and Hearing Impaired shall develop, implement and administer a
5 program for qualifying and registering individuals based on
6 interpreting skills, appropriate education and training,
7 knowledge and observance of professional ethics such as
8 impartiality and awareness and understanding of issues which are
9 of consequence to people who are deaf or hard of hearing. The
10 program may, if the Office for the Deaf and Hearing Impaired so
11 determines to be feasible, include, but not be limited to,
12 recognition and use of certain existing public and private
13 programs for qualifying and registering interpreters for persons
14 who are deaf and hard of hearing. The definitions of
15 "interpreters" and "interpreting" under this act do not limit
16 the Office for the Deaf and Hearing Impaired from further
17 defining or categorizing the types of interpreters according to
18 types, levels of skill and settings such as those for
19 interpreters in court proceedings.
20 (b) Provisional registration.--The Office for the Deaf and
21 Hearing Impaired shall develop, implement and administer a
22 provisional registration program for individuals not qualified
23 and registered under subsection (a). The registrations will
24 recognize, for a limited time, individuals who have demonstrated
25 minimal interpreting skills pending their qualification within a
26 time period to be specified by the office. The Office for the
27 Deaf and Hearing Impaired may, at its discretion, suspend the
28 provisional registration program if the office determines that
29 the available supply of qualified registrants is adequate for
30 needs.
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1 (c) Assignment, compensation and funding.--
2 (1) The Office for the Deaf and Hearing Impaired shall
3 develop and maintain standards and procedures, for itself and
4 other public and private agencies, for:
5 (i) Maintaining and releasing lists of qualified and
6 provisional registrants.
7 (ii) Receiving and filling requests for the
8 interpreters.
9 (iii) Using interpreter services.
10 (iv) Funding, billing and payment for interpreter
11 services, including a schedule of minimum compensation
12 rates based on skill categories.
13 (2) Standards and procedures for funding and payment
14 shall take into account all available sources of funding and
15 payment for interpreter services, including those commonly
16 referred to as "similar benefits," as well as those funds
17 which may be appropriated by the General Assembly for the
18 specific purposes of this act.
19 (d) Advocacy and promotion of interpreting.--The Office for
20 the Deaf and Hearing Impaired shall advocate and promote the
21 recruitment, training, professional development and proper use
22 of interpreters for persons who are deaf and heard of hearing,
23 according to standards for interpreters as generally recognized
24 by related professional, training and advocacy bodies.
25 (e) Advisory committee on interpreting.--
26 (1) The Office for the Deaf and Hearing Impaired, with
27 the assistance of the Advisory Council for the Deaf and
28 Hearing Impaired, shall appoint an advisory committee on
29 interpreting.
30 (2) The committee shall have seven members, all of whom
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1 shall be able to communicate fluently with persons who are
2 deaf and hard of hearing and have expertise in the field of
3 interpreting for those persons. At least two members shall be
4 educators/trainers of interpreters for persons who are deaf
5 and hard of hearing. At least four members shall be persons
6 who are deaf. The terms of four of the initial members shall
7 be two years and four years for the other three, after which
8 all terms shall be for four years. Vacancies shall be filled
9 by the appointing authority for the unexpired portions of the
10 terms of the members being replaced. Members shall be
11 ineligible for reappointment for at least one year after
12 serving two consecutive four-year terms.
13 (3) The committee shall meet at least four times a year
14 during its initial year and thereafter at least twice a year
15 at such times designated by the committee chairperson.
16 (4) The committee shall elect a chairperson who shall
17 serve for a term of two years and shall be eligible for
18 reelection.
19 (5) The members of the committee shall receive no
20 compensation but shall be reimbursed for all necessary
21 expenses incurred in performance of their duties.
22 (6) The duty of the committee shall be to make
23 recommendations to the Office for the Deaf and Hearing
24 Impaired in connection with subsections (a), (b), (c) and
25 (d).
26 Section 4. The sum of $300,000, or as much thereof as may be
27 necessary, is hereby appropriated to the Department of Labor and
28 Industry for the fiscal year July 1, 1993, to June 30, 1994, to
29 carry out the provisions of this act. The Office for the Deaf
30 and Hearing Impaired shall be permitted to seek other funding to
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1 supplement this appropriation and shall submit an annual budget
2 as part of the annual budget of the Department of Labor and
3 Industry.
4 Section 5. This act shall take effect July 1, 1993, or in 60
5 days, whichever is later.
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