PRINTER'S NO. 3139
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2612
Session of
2022
INTRODUCED BY CRUZ, HILL-EVANS, PARKER, SANCHEZ, MADDEN, ROZZI
AND HOHENSTEIN, MAY 24, 2022
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 24, 2022
AN ACT
Amending Title 46 (Legislature) of the Pennsylvania Consolidated
Statutes, providing for interpreters for individuals with
hearing impairments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 46 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART III
LEGISLATIVE PROCEEDINGS
Chapter
31. Interpreters for Individuals with Hearing Impairments
CHAPTER 31
INTERPRETERS FOR INDIVIDUALS WITH HEARING IMPAIRMENTS
Sec.
3101. Scope of chapter.
3102. Definitions.
3103. Duties of committees.
3104. Appointment of interpreter.
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3105. Replacement of interpreter.
3106. Oath.
3107. Confidential communications in presence of interpreter.
3108. Cost of providing interpreter.
3109. Funding.
§ 3101. Scope of chapter.
This chapter relates to interpreters for persons who are deaf
or hard of hearing.
§ 3102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certified interpreter." A person who:
(1) is readily able to interpret; and
(2) is certified by the committees under this chapter or
is registered with the department pursuant to the act of July
2, 2004 (P.L.492, No.57), known as the Sign Language
Interpreter and Transliterator State Registration Act.
"Committees." The Committee on Management Operations of the
Senate and the Bipartisan Management Committee of the House of
Representatives.
"Deaf." An impairment of hearing which is so severe that the
individual with the impairment has difficulty in processing
linguistic information through hearing, with or without
amplification or other assistive technology.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Hard of hearing." An impairment of hearing, whether
permanent or fluctuating, which may be corrected by
amplification or other assistive technology or means, but
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nonetheless presents challenges in processing linguistic
information through hearing.
"Individual with a hearing impairment." An individual who is
deaf or hard of hearing.
"Interpret." To convey spoken English in a manner understood
by an individual with a hearing impairment and to convey
statements made by the individual with a hearing impairment into
English through, but not limited to, American Sign Language and
transliteration or the use of computer-aided real-time
captioning (CART) or similar procedure.
"Interpreter." Includes both a certified interpreter and an
otherwise qualified interpreter.
"Legislative proceeding." A hearing by a committee or floor
debate of the Senate or House of Representatives that is
televised.
"Otherwise qualified interpreter." A person who:
(1) is readily able to interpret;
(2) is certified by the National Association of the
Deaf, the Registry of Interpreters for the Deaf or similar
registry; and
(3) has read, understands and agrees to abide by the
code of professional conduct for legislative proceeding
interpreters for individuals with hearing impairments as
established by the committees.
"Presiding officer." An individual appointed to preside at a
legislative proceeding.
§ 3103. Duties of committees.
(a) Interpreter program.--The committees shall establish a
program to appoint and use certified interpreters in legislative
proceedings that is consistent with the program established by
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the Administrative Office of Pennsylvania Courts pursuant to 42
Pa.C.S. Ch. 44 (relating to court interpreters). As part of the
program, the committees may grant automatic certification to an
interpreter who has been certified pursuant to 42 Pa.C.S. Ch.
44. To certify interpreters, the committees may establish a
program which may include:
(1) establishing and administering a comprehensive
testing and certification program for interpreters pursuant
to this chapter;
(2) establishing and adopting standards of proficiency,
including, but not limited to, certification by the Court
Administrator of Pennsylvania as provided in 42 Pa.C.S. Ch.
44 and certification by the Registry for Interpreters for the
Deaf or similar registry;
(3) conducting periodic examinations to ensure the
availability of certified interpreters;
(4) prescribing, determining and certifying the
qualifications of individuals who may serve as certified
interpreters;
(5) charging reasonable fees, as deemed necessary, for
testing and certification;
(6) reciprocity of certification for interpreters from
other jurisdictions, provided that, in the judgment of the
committees, the criteria for certification in the foreign
jurisdiction is as least as stringent as that established by
the committees or the Court Administrator of Pennsylvania;
(7) providing for the audio recording of testimony that
is the subject of interpretation; and
(8) providing a continuing education requirement for
interpreters.
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(b) List of certified interpreters.--The committees shall
compile, maintain and disseminate a current list of interpreters
certified by the committees through any means deemed appropriate
by the committees, including a written directory and publication
on a publicly accessible Internet website approved by the
committees.
(c) Guidelines for selection of otherwise qualified
interpreters.--The committees shall provide guidelines to the
standing committees for the selection and use of otherwise
qualified interpreters in order to ensure that the highest
standards of accuracy are maintained in all legislative
proceedings.
(d) Fee schedule.--The committees shall prescribe, subject
to periodic review, a schedule of reasonable fees for services
rendered by certified interpreters and otherwise qualified
interpreters.
(e) Standards of professional conduct.--
(1) The committees shall establish and adopt standards
for a code of professional conduct for legislative proceeding
interpreters for individuals with hearing impairments.
(2) The committees shall establish, administer or
recommend a process to review and respond to allegations of
violations of the code of professional conduct for
legislative proceeding interpreters for individuals with
hearing impairments, including, decertification and other
disciplinary measures.
(f) Certification by courts.--An interpreter certified by
the Administrative Office of Pennsylvania Courts pursuant to 42
Pa.C.S. Ch. 44 shall be deemed certified pursuant to this
chapter.
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§ 3104. Appointment of interpreter.
(a) Appointment of certified interpreter.--A presiding
officer shall appoint a certified interpreter for each
legislative proceeding unless the certified interpreter is
unavailable as provided in subsection (b).
(b) Appointment of otherwise qualified interpreter when
certified interpreter is unavailable.--
(1) An otherwise qualified interpreter shall be
appointed by a presiding officer if a good faith effort was
made to obtain a certified interpreter and a certified
interpreter was not reasonably available, as determined by
the presiding officer.
(2) Prior to the appointment of an otherwise qualified
interpreter, the presiding officer shall state on the record
that, to the best of the knowledge of the presiding officer,
the otherwise qualified interpreter:
(i) is readily able to interpret;
(ii) is certified by the National Association for
the Deaf, the Registry of Interpreters for the Deaf or
similar registry, to the best of the knowledge of the
presiding officer; and
(iii) has read, understands and agrees to abide by
the code of professional conduct for legislative
proceeding interpreters for individuals with hearing
impairments, as established by the committees.
(c) Additional interpreters.--After consideration of the
length of the legislative proceeding, the special needs of
individuals with hearing impairments and the number of other
individuals involved who are deaf or hard of hearing, the
presiding officer may appoint, as provided in subsections (a)
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and (b), an additional interpreter or provide for additional
interpretation in a manner deemed appropriate by the presiding
officer.
§ 3105. Replacement of interpreter.
A presiding officer shall dismiss the interpreter and obtain
the services of another interpreter in accordance with this
chapter if the interpreter:
(1) Fails to follow the standards prescribed by law or
by the code of professional conduct for legislative
proceeding interpreters for individuals with hearing
impairments.
(2) Is unable to effectively communicate with the
presiding officer or individual with a hearing impairment,
including where the interpreter self-reports that inability.
§ 3106. Oath.
Before the commencement of interpreter duties, an interpreter
appointed under this chapter shall take an oath or make an
affirmation on the record that the interpreter will make a true
interpretation to the individual with a hearing impairment in
the manner that the individual with a hearing impairment
understands and that the interpreter will repeat the statements
made in legislative proceedings in the spoken English language
to the best of the interpreter's skill and judgment and in
accordance with the code of professional conduct for legislative
proceeding interpreters for individuals with hearing
impairments.
§ 3107. Confidential communications in presence of interpreter.
An interpreter appointed under this chapter may not be
compelled to testify, in a legislative proceeding, to statements
made by an individual with a hearing impairment and interpreted
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by the interpreter when the individual with a hearing impairment
is engaged in a confidential communication as provided by a
statute or general rule, including, but not limited to:
(1) 42 Pa.C.S. § 5916 (relating to confidential
communications to attorney).
(2) 42 Pa.C.S. § 5928 (relating to confidential
communications to attorney).
(3) 42 Pa.C.S. § 5942 (relating to confidential
communications to news reporters).
(4) 42 Pa.C.S. § 5943 (relating to confidential
communications to clergymen).
(5) 42 Pa.C.S. § 5944 (relating to confidential
communications to psychiatrists or licensed psychologists).
(6) 42 Pa.C.S. § 5945 (relating to confidential
communications to school personnel).
(7) 42 Pa.C.S. § 5945.1 (relating to confidential
communications with sexual assault counselors).
(8) 42 Pa.C.S. § 5945.2 (relating to confidential
communications to crime stopper or similar anticrime
program).
§ 3108. Cost of providing interpreter.
An interpreter appointed in accordance with this chapter is
entitled to a reasonable fee for interpreter services and shall
be reimbursed for actual and reasonable expenses by the standing
committee or legislative body conducting the legislative
proceeding.
§ 3109. Funding.
Except as provided in section 3108 (relating to cost of
providing interpreter), the General Assembly shall appropriate
sums as may be necessary to establish a program to facilitate
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the use of interpreters and otherwise fulfill the provisions of
this chapter. Implementation of this section is contingent upon
the availability of appropriated funds to carry out the purposes
of this chapter.
Section 2. This act shall take effect in 60 days.
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