Senate Bill No. 245–Senator Mathews
February 26, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Provides for regulation of interpreters for persons who are deaf or whose hearing is impaired. (BDR 54‑231)
FISCAL NOTE: Effect on Local Government: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to professions; creating the board of interpreters; prescribing the powers and duties of the board; requiring interpreters for persons who are deaf or whose hearing is impaired to be licensed by the board; prescribing the requirements for licensure; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Title 54 of NRS is hereby amended by adding thereto a
1-2 new chapter to consist of the provisions set forth as sections 2 to 32,
1-3 inclusive, of this act.
1-4 Sec. 2. As used in this chapter, unless the context otherwise
1-5 requires, the words and terms defined in sections 3 to 10, inclusive, of
1-6 this act have the meanings ascribed to them in those sections.
1-7 Sec. 3. “Board” means the board of interpreters.
1-8 Sec. 4. “Interpreter” means a person who is licensed pursuant to the
1-9 provisions of this chapter as an interpreter for persons who are deaf or
1-10 whose hearing is impaired.
1-11 Sec. 5. “License” means a license issued pursuant to the provisions
1-12 of this chapter.
1-13 Sec. 6. “Licensee” means a person who has been issued a license
1-14 pursuant to the provisions of this chapter.
1-15 Sec. 7. “Person who is deaf” means a person who is not able to
1-16 process information aurally and whose primary means of
1-17 communication is visual.
1-18 Sec. 8. “Person whose hearing is impaired” means a person:
1-19 1. Who has a hearing deficit;
2-1 2. Who is able to process information aurally with or without the use
2-2 of a hearing aid or any other device that enhances the ability of a person
2-3 to hear; and
2-4 3. Whose primary means of communication may be visual.
2-5 Sec. 9. “Practice of interpreting” means the facilitation of
2-6 communication between persons who are deaf or whose hearing is
2-7 impaired and other persons. The term includes, without limitation:
2-8 1. Translating spoken language into American Sign Language or
2-9 any other visual-gestural system of communication or vice versa;
2-10 2. Translating spoken language into a tactile method of sign
2-11 language or vice versa;
2-12 3. Translating spoken language into an oral interpretation of the
2-13 speaker’s words by enunciating, repeating or rephrasing those words
2-14 without using the voice to assist a person who is deaf or whose hearing is
2-15 impaired in lipreading the information conveyed by the speaker;
2-16 4. Translating spoken language into a visual representation of
2-17 spoken language that:
2-18 (a) Uses eight hand shapes to represent groups of consonants and the
2-19 placement of those hand shapes in four positions around the face to
2-20 indicate groups of vowel sounds; and
2-21 (b) Is used in conjunction with lipreading;
2-22 5. Translating spoken English into a system of sign language that is
2-23 based on the syntax of the English language or vice versa; and
2-24 6. The use of any of the methods of interpreting or transliterating set
2-25 forth in subsections 1 to 5, inclusive, by a person who is deaf or whose
2-26 hearing is impaired to facilitate communication between another person
2-27 who is deaf or whose hearing is impaired and an interpreter or between
2-28 two or more persons who are deaf or whose hearing is impaired.
2-29 Sec. 10. “Supervision” means the periodic review of a person who
2-30 engages in the practice of interpreting that is provided:
2-31 1. To evaluate and improve the skills and knowledge of the person;
2-32 and
2-33 2. By an interpreter or a person designated by the board pursuant to
2-34 section 27 of this act who:
2-35 (a) Is present while the person engages in the practice of interpreting;
2-36 or
2-37 (b) Observes a videotape of the person engaged in the practice of
2-38 interpreting.
2-39 Sec. 11. The practice of interpreting is hereby declared to be a
2-40 learned profession, affecting public health, safety and welfare, and is
2-41 subject to regulation to protect the general public from the practice of
2-42 interpreting by unqualified persons and from unprofessional conduct by
2-43 persons who are licensed to engage in the practice of interpreting.
2-44 Sec. 12. The provisions of this chapter do not apply to a person who:
2-45 1. Is licensed in another state to engage in the practice of
2-46 interpreting and who engages in the practice of interpreting in this state:
2-47 (a) For a period of not more than 30 nonconsecutive days in a
2-48 calendar year; or
3-1 (b) By teleconference if the interpreting services provided by that
3-2 person are necessary because an interpreter who is capable of providing
3-3 the type of interpreting services required by the person who is deaf or
3-4 whose hearing is impaired is unavailable to provide those services in
3-5 person or by teleconference.
3-6 2. Engages in the practice of interpreting solely for meetings of
3-7 nonprofit civic or religious organizations; or
3-8 3. Engages occasionally in the practice of interpreting in a social
3-9 situation that does not require a qualified interpreter pursuant to the
3-10 provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§
3-11 12101 et seq., section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §
3-12 794, or the regulations adopted pursuant to those provisions.
3-13 Sec. 13. 1. The board of interpreters, consisting of 10 members, is
3-14 hereby created. The board consists of:
3-15 (a) Nine voting members appointed by the governor as follows:
3-16 (1) Five members who are interpreters and who engage in the
3-17 practice of interpreting in this state; and
3-18 (2) Four members who are persons who are deaf or whose hearing
3-19 is impaired, one of whom represents the Nevada Association of the Deaf.
3-20 (b) One nonvoting member who is an employee of the department of
3-21 employment, training and rehabilitation appointed by the director of the
3-22 department.
3-23 2. A person may not be appointed to the board unless he has been a
3-24 resident of this state for not less than 1 year.
3-25 3. A member of the board may be removed by the appointing
3-26 authority for incompetence, neglect of duty, moral turpitude or
3-27 malfeasance in office.
3-28 4. No member of the board may be held liable in a civil action for
3-29 any act that he performs in good faith in the execution of his duties
3-30 pursuant to the provisions of this chapter.
3-31 Sec. 14. The board shall, at least 30 days before the beginning of a
3-32 term of a member of the board, or within 30 days after a position on the
3-33 board becomes vacant, submit to the governor the names of not less than
3-34 three persons or more than five persons who are qualified for
3-35 membership on the board for each position that the governor will
3-36 appoint. The governor shall appoint new members or fill a vacancy from
3-37 the list, or request a new list. If the board fails to submit nominations for
3-38 a position on the board within the periods prescribed in this section, the
3-39 governor may appoint any qualified person.
3-40 Sec. 15. 1. At the first meeting of the board and biennially
3-41 thereafter, the members of the board shall elect a chairman, vice
3-42 chairman and secretary-treasurer from among its members. If a vacancy
3-43 occurs in the office of the chairman, vice chairman or secretary-
3-44 treasurer, the members of the board shall elect a member to serve the
3-45 remainder of the unexpired term.
3-46 2. After the initial terms, the term of each member of the board is 3
3-47 years. The members shall continue in office until their successors are
3-48 appointed. No member of the board may serve more than two consecutive
3-49 terms. A former member of the board is eligible for reappointment to the
4-1 board if that person has not served on the board during the 3 years
4-2 immediately preceding the reappointment. A vacancy must be filled by
4-3 appointment for the unexpired term in the same manner as the original
4-4 appointment.
4-5 Sec. 16. 1. The board shall meet at the call of the chairman as
4-6 often as required to perform its duties, but not less than quarterly.
4-7 2. A majority of the voting members of the board constitutes a
4-8 quorum for the transaction of the business of the board.
4-9 Sec. 17. 1. Each member of the board:
4-10 (a) Serves without compensation; and
4-11 (b) While engaged in the business of the board, is entitled to receive
4-12 the per diem allowance and travel expenses provided for state officers
4-13 and employees generally.
4-14 2. Each member of the board who is an officer or employee of this
4-15 state must be relieved from his duties without loss of his regular
4-16 compensation to prepare for and attend meetings of the board and
4-17 perform any work necessary to accomplish the tasks assigned to the
4-18 board in the most timely manner practicable. A state agency shall not
4-19 require an officer or employee who is a member of the board to make up
4-20 the time he is absent from work to fulfill his obligations as a member,
4-21 and shall not require the member to take annual vacation or
4-22 compensatory time for the absence.
4-23 Sec. 18. The board shall:
4-24 1. Prepare and maintain a list of licensees;
4-25 2. Make available on the Internet or its successor, if any, the list
4-26 maintained pursuant to subsection 1;
4-27 3. Prepare and maintain a record of its proceedings and
4-28 transactions; and
4-29 4. Upon request, provide recommendations concerning the use of
4-30 interpreters, including, without limitation, the type and number of
4-31 interpreters required for a specific event.
4-32 Sec. 19. The board shall adopt regulations to carry out the
4-33 provisions of this chapter, including, without limitation, regulations that:
4-34 1. Establish the requirements for continuing education for the
4-35 renewal or reinstatement of a license;
4-36 2. Establish a code of ethics for licensees; and
4-37 3. Prescribe the requirements for any examination for a provisional
4-38 license the board may require.
4-39 Sec. 20. 1. Except as otherwise provided in subsection 4, all
4-40 expenses incurred by the board in carrying out the provisions of this
4-41 chapter must be paid from the money which it receives. No part of the
4-42 salaries or expenses of the board may be paid out of the state general
4-43 fund.
4-44 2. All money received by the board must be deposited in a bank or
4-45 other financial institution in this state and paid out on its order for its
4-46 expenses.
4-47 3. The board may delegate to a hearing officer or panel its authority
4-48 to take any disciplinary action pursuant to this chapter, impose and
5-1 collect fines and penalties therefor and deposit the money therefrom in a
5-2 bank or other financial institution in this state.
5-3 4. If a hearing officer or panel is not authorized to take disciplinary
5-4 action pursuant to subsection 3, the board shall deposit the money
5-5 collected from the imposition of fines with the state treasurer for credit to
5-6 the state general fund. If money is so deposited, the board may present a
5-7 claim to the state board of examiners for recommendation to the interim
5-8 finance committee if money is required to pay attorney’s fees or the costs
5-9 of an investigation, or both.
5-10 Sec. 21. If the board determines that a person has violated or is
5-11 about to violate the provisions of section 32 of this act, the board may
5-12 bring an action in a court of competent jurisdiction to enjoin that person
5-13 from engaging in or continuing the violation. An injunction:
5-14 1. May be issued without proof of actual damage sustained by any
5-15 person.
5-16 2. Does not prevent the criminal prosecution and punishment of a
5-17 person who violates the provisions of section 32 of this act.
5-18 Sec. 22. An applicant for a license as an interpreter must:
5-19 1. Be at least 18 years of age;
5-20 2. Have at least a high school diploma or a general equivalency
5-21 diploma;
5-22 3. Have completed a training program for interpreters that has been
5-23 approved by the board;
5-24 4. Have been certified as an interpreter by the Registry of
5-25 Interpreters for the Deaf, National Association of the Deaf or any other
5-26 organization approved by the board;
5-27 5. Submit to the board:
5-28 (a) An application on a form provided by the board;
5-29 (b) A complete set of his fingerprints and written permission
5-30 authorizing the board to forward the fingerprints to the central repository
5-31 for Nevada records of criminal history for submission to the Federal
5-32 Bureau of Investigation for its report;
5-33 (c) Three letters of professional reference;
5-34 (d) A resume of his previous applicable experience;
5-35 (e) A notarized statement signed by the applicant which provides that
5-36 the applicant will comply with the code of ethics prescribed by the board
5-37 pursuant to section 19 of this act;
5-38 (f) Proof that he is covered by a policy of liability insurance for errors
5-39 and omissions in an amount established by the board; and
5-40 (g) The statement required pursuant to section 25 of this act;
5-41 6. Pay the fees prescribed by the board pursuant to section 28 of this
5-42 act;
5-43 7. Pay the fees charged by the central repository for Nevada records
5-44 of criminal history and the Federal Bureau of Investigation for
5-45 processing the fingerprints and issuing a report of criminal history;
5-46 8. Present to the board a driver’s license issued by this state, another
5-47 state or the District of Columbia, or an identification card issued by this
5-48 state, another state, the District of Columbia or the Federal Government
5-49 that contains a photograph of the applicant; and
6-1 9. Submit any other information the board may require.
6-2 Sec. 23. 1. The board may issue a provisional license to engage in
6-3 the practice of interpreting to a person who:
6-4 (a) Is enrolled in a training program for interpreters that has been
6-5 approved by the board;
6-6 (b) Is under the supervision of an interpreter;
6-7 (c) Passes any examination prescribed by the board pursuant to
6-8 section 19 of this act; and
6-9 (d) Complies with the requirements for licensure set forth in section
6-10 22 of this act except the requirements set forth in subsections 3 and 4 of
6-11 that section.
6-12 2. A provisional license is valid for not more than 1 year and may not
6-13 be renewed more than five times.
6-14 3. A provisional license may be renewed if the licensee:
6-15 (a) Satisfies the requirements set forth in paragraphs (a), (b) and (c)
6-16 of subsection 1; and
6-17 (b) Before the license expires, the licensee submits to the board:
6-18 (1) An application on a form prescribed by the board;
6-19 (2) The fee for the renewal of the license prescribed by the board
6-20 pursuant to section 28 of this act; and
6-21 (3) The statement required pursuant to section 25 of this act.
6-22 Sec. 24. An application for a license must include the social security
6-23 number of the applicant.
6-24 Sec. 25. 1. An applicant for the issuance or renewal of a license
6-25 must submit to the board the statement prescribed by the welfare division
6-26 of the department of human resources pursuant to NRS 425.520. The
6-27 statement must be completed and signed by the applicant.
6-28 2. The board shall include the statement required pursuant to
6-29 subsection 1 in:
6-30 (a) The application or any other forms that must be submitted for the
6-31 issuance or renewal of the license; or
6-32 (b) A separate form prescribed by the board.
6-33 3. A license may not be issued or renewed by the board if the
6-34 applicant:
6-35 (a) Fails to submit the statement required pursuant to subsection 1; or
6-36 (b) Indicates on the statement submitted pursuant to subsection 1 that
6-37 he is subject to a court order for the support of a child and is not in
6-38 compliance with the order or a plan approved by the district attorney or
6-39 other public agency enforcing the order for the repayment of the amount
6-40 owed pursuant to the order.
6-41 4. If an applicant indicates on the statement submitted pursuant to
6-42 subsection 1 that he is subject to a court order for the support of a child
6-43 and is not in compliance with the order or a plan approved by the district
6-44 attorney or other public agency enforcing the order for the repayment of
6-45 the amount owed pursuant to the order, the board shall advise the
6-46 applicant to contact the district attorney or other public agency enforcing
6-47 the order to determine the actions that the applicant may take to satisfy
6-48 the arrearage.
7-1 Sec. 26. 1. If the board receives a copy of a court order issued
7-2 pursuant to NRS 425.540 that provides for the suspension of all
7-3 professional, occupational and recreational licenses, certificates and
7-4 permits issued to a licensee, the board shall deem the license to be
7-5 suspended at the end of the 30th day after the date the court order was
7-6 issued unless the board receives a letter issued to the licensee by the
7-7 district attorney or other public agency pursuant to NRS 425.550 stating
7-8 that the licensee has complied with a subpoena or warrant or has
7-9 satisfied the arrearage pursuant to NRS 425.560.
7-10 2. The board shall reinstate a license that has been suspended by a
7-11 district court pursuant to NRS 425.540 if:
7-12 (a) The board receives a letter issued by the district attorney or other
7-13 public agency pursuant to NRS 425.550 to the licensee stating that the
7-14 licensee has complied with the subpoena or warrant or has satisfied the
7-15 arrearage pursuant to NRS 425.560; and
7-16 (b) The licensee pays the fee for the reinstatement of the license
7-17 prescribed by the board pursuant to section 28 of this act.
7-18 Sec. 27. 1. Except for a provisional license, each license to engage
7-19 in the practice of interpreting expires 2 years after the date it is issued
7-20 and may be renewed if, before the license expires, the licensee submits to
7-21 the board:
7-22 (a) An application on a form prescribed by the board;
7-23 (b) Proof of completion of the requirements for continuing education
7-24 prescribed by the board pursuant to section 19 of this act;
7-25 (c) The fee for the renewal of the license prescribed by the board
7-26 pursuant to section 28 of this act; and
7-27 (d) The statement required pursuant to section 25 of this act.
7-28 2. A license that expires pursuant to the provisions of this section
7-29 may be restored if the applicant:
7-30 (a) Complies with the provisions of subsection 1;
7-31 (b) Submits to the board proof of his ability to engage in the practice
7-32 of interpreting; and
7-33 (c) Submits to the board the fees prescribed pursuant to section 28 of
7-34 this act for the restoration of an expired license.
7-35 3. If the board determines that an applicant has not submitted
7-36 satisfactory proof of his ability to engage in the practice of interpreting,
7-37 the board may require the applicant to engage in the practice of
7-38 interpreting under the supervision of a person designated by the board
7-39 for a period prescribed by the board.
7-40 Sec. 28. 1. The board shall, by regulation, prescribe the fees for:
7-41 (a) An application for a license.
7-42 (b) The issuance of a license.
7-43 (c) The issuance of a provisional license.
7-44 (d) The renewal of a provisional license.
7-45 (e) The biennial renewal of a license other than a provisional license.
7-46 (f) The restoration of an expired license.
7-47 (g) The reinstatement of a suspended license.
7-48 (h) The issuance of a duplicate license.
8-1 2. In addition to the fees prescribed pursuant to subsection 1, the
8-2 board may charge and collect a fee for any other service it provides.
8-3 Sec. 29. 1. The board may refuse to issue a license to an applicant,
8-4 or may take disciplinary action against a licensee, if, after notice and a
8-5 hearing, the board determines that the applicant or licensee:
8-6 (a) Has submitted false or misleading information to the board or any
8-7 agency of this state, any other state, the Federal Government or the
8-8 District of Columbia.
8-9 (b) Has violated any provision of this chapter or any regulation
8-10 adopted pursuant thereto.
8-11 (c) Has been convicted of a felony, a crime relating to a controlled
8-12 substance or a crime involving moral turpitude.
8-13 (d) Is not competent to engage in the practice of interpreting.
8-14 (e) Has failed to provide information requested by the board within 60
8-15 days after he received the request.
8-16 (f) Has engaged in unprofessional conduct relating to the practice of
8-17 interpreting.
8-18 (g) Has been disciplined in another state, a territory or possession of
8-19 the United States or the District of Columbia for conduct that would be a
8-20 violation of the provisions of this chapter or any regulations adopted
8-21 pursuant thereto if the conduct were committed in this state.
8-22 (h) Has solicited or received compensation for services that he did not
8-23 provide.
8-24 (i) If the licensee is on probation, has violated the terms of his
8-25 probation.
8-26 2. The board may, if it determines that an applicant for a license or a
8-27 licensee has committed any of the acts set forth in subsection 1, after
8-28 notice and a hearing:
8-29 (a) Refuse to issue a license to the applicant;
8-30 (b) Refuse to renew, reinstate or restore the license of the licensee;
8-31 (c) Suspend or revoke the license of the licensee;
8-32 (d) Place the licensee on probation;
8-33 (e) Impose an administrative fine of not more than $5,000;
8-34 (f) Require the applicant or licensee to pay the costs incurred by the
8-35 board to conduct the investigation and hearing; or
8-36 (g) Impose any combination of actions set forth in paragraphs (a) to
8-37 (f), inclusive.
8-38 Sec. 30. 1. The board may conduct investigations and hold
8-39 hearings to carry out its duties pursuant to the provisions of this chapter.
8-40 2. In such a hearing:
8-41 (a) Any member of the board may administer oaths and examine
8-42 witnesses; and
8-43 (b) The board or any member thereof may issue subpoenas to compel
8-44 the attendance of witnesses and the production of books and papers.
8-45 3. Each witness who is subpoenaed to appear before the board is
8-46 entitled to receive for his attendance the same fees and mileage allowed
8-47 by law to a witness in a civil case. The amount must be paid by the party
8-48 who requested the subpoena. If any witness who has not been required to
9-1 attend at the request of any party is subpoenaed by the board, his fees
9-2 and mileage must be paid from the money of the board.
9-3 4. If any person fails to comply with a subpoena within 10 days after
9-4 it is issued, the chairman of the board may petition a court of competent
9-5 jurisdiction for an order of the court compelling compliance with the
9-6 subpoena.
9-7 5. Upon such a petition, the court shall enter an order directing the
9-8 person subpoenaed to appear before the court at a time and place to be
9-9 fixed by the court in its order, the time to be not more than 10 days after
9-10 the date of the order, and to show cause why he has not complied with
9-11 the subpoena. A certified copy of the order must be served upon the
9-12 person subpoenaed.
9-13 6. If the court determines that the subpoena was regularly issued by
9-14 the board, the court shall enter an order compelling compliance with the
9-15 subpoena. The failure of the person to obey the order is a contempt of the
9-16 court that issued the order.
9-17 Sec. 31. 1. Any records or other information obtained during the
9-18 course of an investigation by the board and any record of the
9-19 investigation are confidential until the investigation is completed. Upon
9-20 completion of the investigation, the information and records are public
9-21 records if:
9-22 (a) Disciplinary action is imposed by the board as a result of the
9-23 investigation; or
9-24 (b) The person who was investigated submits a written request to the
9-25 board asking that the information and records be made public records.
9-26 2. The provisions of this section do not prohibit the board from
9-27 cooperating with another licensing board or any agency that is
9-28 investigating a licensee, including, without limitation, a law enforcement
9-29 agency.
9-30 Sec. 32. A person who:
9-31 1. Engages in the practice of interpreting;
9-32 2. Holds himself out as licensed or qualified to engage in the practice
9-33 of interpreting; or
9-34 3. Uses in connection with his name any title, words, letters or other
9-35 designation intended to imply or designate that he is an interpreter,
9-36 without first obtaining a license from the board is guilty of a
9-37 misdemeanor.
9-38 Sec. 33. NRS 50.050 is hereby amended to read as follows:
9-39 50.050 1. As used in NRS 50.050 to 50.053, inclusive, unless the
9-40 context requires otherwise:
9-41 (a) [“Handicapped person” means a person who, because he is deaf,
9-42 mute or has a physical speaking impairment, cannot readily understand or
9-43 communicate in the English language or cannot understand the
9-44 proceedings.
9-45 (b)] “Interpreter” means a person who is [readily] :
9-46 (1) Licensed pursuant to sections 2 to 32, inclusive, of this act; and
9-47 (2) Readily able to communicate with [the handicapped person,] a
9-48 person with a disability, translate the proceedings for him and accurately
9-49 repeat and translate the statements of the [handicapped] person with a
10-1 disability to the court or magistrate or other person presiding over the
10-2 proceedings.
10-3 (b) “Person with a disability” means a person who, because he is deaf,
10-4 mute or has a physical speaking impairment, cannot readily understand
10-5 or communicate in the English language or cannot understand the
10-6 proceedings.
10-7 2. In all judicial proceedings in which a [handicapped] person with a
10-8 disability appears as a witness, the court, magistrate or other person
10-9 presiding over the proceedings shall appoint an interpreter to interpret the
10-10 proceedings to [the handicapped] that person and to interpret the testimony
10-11 of [the handicapped] that person to the court, magistrate or other person
10-12 presiding.
10-13 3. The court, magistrate or other person presiding over the proceedings
10-14 shall fix a reasonable compensation for the services and expenses of the
10-15 interpreter appointed pursuant to this section. If the judicial proceeding is
10-16 civil in nature the compensation of the interpreter may be taxed as costs
10-17 and must not be charged as a public expense.
10-18 4. Claims against a county, municipality, [the] this state or any agency
10-19 thereof for the compensation of an interpreter in a criminal proceeding or
10-20 other proceeding for which an interpreter must be provided at public
10-21 expense must be paid in the same manner as other claims against the
10-22 respective entities are paid. Payment may be made only upon the certificate
10-23 of the judge, magistrate or other person presiding over the proceedings that
10-24 the qualified interpreter has performed the services required and incurred
10-25 the expenses claimed.
10-26 Sec. 34. NRS 50.051 is hereby amended to read as follows:
10-27 50.051 An interpreter must be appointed at public expense for a
10-28 [handicapped] person with a disability who is a party to or a witness in a
10-29 criminal proceeding.
10-30 Sec. 35. NRS 50.052 is hereby amended to read as follows:
10-31 50.052 1. If an interpreter appointed for a [handicapped] person with
10-32 a disability is not effectively or accurately communicating with or on
10-33 behalf of the [handicapped person,] person with a disability, and that fact
10-34 becomes known to the person who appointed him, another interpreter must
10-35 be appointed.
10-36 2. Unless otherwise agreed upon by the parties, a person may not be
10-37 appointed as an interpreter of a [handicapped] person with a disability in a
10-38 proceeding if he is:
10-39 (a) The spouse of the [handicapped] person with a disability or related
10-40 to him; or
10-41 (b) Otherwise interested in the outcome of the proceeding or biased for
10-42 or against one of the parties.
10-43 3. Whenever possible, a [handicapped] person with a disability must
10-44 be given an interpreter of his [own] choice or one of whom he approves.
10-45 Sec. 36. NRS 50.053 is hereby amended to read as follows:
10-46 50.053 1. Before undertaking his duties, the interpreter shall swear or
10-47 affirm that he will make a true interpretation in an understandable manner
10-48 to the person for whom he has been appointed, and that he will repeat the
11-1 statements of the [handicapped] person with a disability in the English
11-2 language to the best of his ability.
11-3 2. While in the proper performance of his duties, an interpreter acts in
11-4 the place of the [handicapped] person with a disability and to that extent
11-5 has all of the rights and privileges of [the handicapped] that person for
11-6 purposes of the proceeding, including access to all relevant material.
11-7 Sec. 37. NRS 50.054 is hereby amended to read as follows:
11-8 50.054 1. Except as otherwise provided by a regulation of the court
11-9 administrator adopted pursuant to NRS 1.510 and 1.520, a person shall not
11-10 act as an interpreter in a proceeding if he is:
11-11 (a) The spouse of a witness;
11-12 (b) Otherwise related to a witness;
11-13 (c) Biased for or against one of the parties; or
11-14 (d) Otherwise interested in the outcome of the proceeding.
11-15 2. Before undertaking his duties, the interpreter shall swear or affirm
11-16 that he will:
11-17 (a) To the best of his ability, translate accurately to the witness, in the
11-18 language of the witness, questions and statements addressed to the witness;
11-19 (b) Make a true interpretation of the statements of the witness in an
11-20 understandable manner; and
11-21 (c) Repeat the statements of the witness in the English language to the
11-22 best of his ability.
11-23 3. While in the proper performance of his duties, an interpreter has the
11-24 same rights and privileges as the witness, including the right to examine all
11-25 relevant material, but is not entitled to waive or exercise any of those rights
11-26 or privileges on behalf of the witness.
11-27 4. As used in this section, “interpreter” means a person who is readily
11-28 able to communicate with a person who speaks a language other than
11-29 English and does not know the English language, translate the proceedings
11-30 for him and accurately repeat and translate the statements of the person in a
11-31 language other than English to the court, magistrate or other person
11-32 presiding. The term does not include an interpreter for [handicapped
11-33 persons] a person with a disability as that term is defined in NRS 50.050.
11-34 Sec. 38. NRS 171.1536 is hereby amended to read as follows:
11-35 171.1536 Upon the arrest of a [handicapped] person with a disability
11-36 as defined in NRS 50.050, and before his interrogation or the taking of his
11-37 statement, the peace officer in actual charge of the station, headquarters or
11-38 other facility to which the [handicapped] person with a disability has been
11-39 brought shall make an interpreter who is licensed pursuant to sections 2 to
11-40 32, inclusive, of this act available at public expense to [the handicapped]
11-41 that person, subject to the provisions of NRS 50.052 and 50.053.
11-42 Sec. 39. NRS 171.1537 is hereby amended to read as follows:
11-43 171.1537 When a [handicapped] person with a disability is detained in
11-44 custody, the detaining authority shall make available to him reasonable
11-45 means of communication, at least pencil and paper and at least two
11-46 envelopes and first-class postage stamps. If the [handicapped] person with
11-47 a disability so requests, the proper officer of the detaining authority shall
11-48 make on his behalf the same number and kind of telephone calls which a
11-49 person arrested is [permitted] authorized by law or custom to make for
12-1 himself, and shall mail any letters written by [the handicapped] that
12-2 person.
12-3 Sec. 40. NRS 171.1538 is hereby amended to read as follows:
12-4 171.1538 1. The rights to interpretation and communication provided
12-5 in NRS 171.1536 and 171.1537 may not be waived except knowingly and
12-6 voluntarily by the [handicapped] person with a disability by a written
12-7 statement indicating his desire not to be so assisted. At any time [from
12-8 arrest to] after arrest but before the termination of any custody, the
12-9 [handicapped] person may retract his waiver by indicating his desire to be
12-10 so assisted.
12-11 2. Unless there is a waiver under this section, there [shall] must be no
12-12 interrogation or taking of the statement of a [handicapped] person with a
12-13 disability without the assistance of an interpreter who is licensed pursuant
12-14 to sections 2 to 32, inclusive, of this act.
12-15 Sec. 41. NRS 213.055 is hereby amended to read as follows:
12-16 213.055 An applicant or a witness at a hearing upon an application for
12-17 clemency who is a [handicapped] person with a disability as defined in
12-18 NRS 50.050 is entitled to the services of an interpreter at public expense,
12-19 subject to the provisions of NRS 50.052 and 50.053. The interpreter must
12-20 be [appointed] :
12-21 1. Licensed pursuant to sections 2 to 32, inclusive, of this act; and
12-22 2. Appointed by the governor or a member of the board designated by
12-23 him.
12-24 Sec. 42. NRS 213.128 is hereby amended to read as follows:
12-25 213.128 A prisoner, parolee or a witness at the hearing of a case who
12-26 is a [handicapped] person with a disability as defined in NRS 50.050 is
12-27 entitled to the services of
an interpreter at public expense, subject to
the provisions of NRS 50.052 and 50.053. The interpreter must be
12-28 [appointed] :
12-29 1. Licensed pursuant to sections 2 to 32, inclusive, of this act; and
12-30 2. Appointed by the chairman of the board or other person who
12-31 presides at the hearing.
12-32 Sec. 43. NRS 218.825 is hereby amended to read as follows:
12-33 218.825 1. Each of the boards and commissions created by the
12-34 provisions of chapters 623 to 625A, inclusive, 628 to 644, inclusive, and
12-35 654 and 656 of NRS and sections 2 to 32, inclusive, of this act shall
12-36 engage the services of a certified public accountant or public accountant, or
12-37 firm of either of such accountants, to audit all its fiscal records once each
12-38 year for the preceding fiscal year or once every other year for the 2
12-39 preceding fiscal years. The cost of the audit must be paid by the board or
12-40 commission audited.
12-41 2. A report of each such audit must be filed by the board or
12-42 commission with the legislative auditor and the director of the budget on or
12-43 before December 1 of each year in which an audit is conducted. All audits
12-44 must be conducted in accordance with generally accepted auditing
12-45 standards , and all financial statements must be prepared in accordance
12-46 with generally accepted principles of accounting for special revenue funds.
12-47 3. The legislative auditor shall audit the fiscal records of any such
12-48 board or commission whenever directed to do so by the legislative
13-1 commission. When the legislative commission directs such an audit, it shall
13-2 also determine who is to pay the cost of the audit.
13-3 Sec. 44. NRS 233B.1235 is hereby amended to read as follows:
13-4 233B.1235 A witness during his testimony at a hearing of a contested
13-5 case, who is a [handicapped] person with a disability as defined in NRS
13-6 50.050, is entitled to the services of an interpreter at public expense,
13-7 subject to the provisions of NRS 50.052 and 50.053. The interpreter must
13-8 be [appointed] :
13-9 1. Licensed pursuant to sections 2 to 32, inclusive, of this act; and
13-10 2. Appointed by the person who presides at the hearing.
13-11 Sec. 45. NRS 284.013 is hereby amended to read as follows:
13-12 284.013 1. Except as otherwise provided in subsection 4, this chapter
13-13 does not apply to:
13-14 (a) Agencies, bureaus, commissions, officers or personnel in the
13-15 legislative department or the judicial department of state government,
13-16 including the commission on judicial discipline;
13-17 (b) Any person who is employed by a board, commission, committee or
13-18 council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644,
13-19 inclusive, 648, 652, 654 and 656 of NRS[;] and sections 2 to 32,
13-20 inclusive, of this act; or
13-21 (c) Officers or employees of any agency of the executive department of
13-22 the state government who are exempted by specific statute.
13-23 2. Except as otherwise provided in subsection 3, the terms and
13-24 conditions of employment of all persons referred to in subsection 1,
13-25 including salaries not prescribed by law and leaves of absence, including,
13-26 without limitation, annual leave and sick and disability leave, must be fixed
13-27 by the appointing or employing authority within the limits of legislative
13-28 appropriations or authorizations.
13-29 3. Except as otherwise provided in this subsection, leaves of absence
13-30 prescribed pursuant to subsection 2 must not be of lesser duration than
13-31 those provided for other state officers and employees pursuant to the
13-32 provisions of this chapter. The provisions of this subsection do not govern
13-33 the legislative commission with respect to the personnel of the legislative
13-34 counsel bureau.
13-35 4. Any board, commission, committee or council created in chapters
13-36 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and
13-37 656 of NRS and sections 2 to 32, inclusive, of this act which contracts for
13-38 the services of a person, shall require the contract for those services to be
13-39 in writing. The contract must be approved by the state board of examiners
13-40 before those services may be provided.
13-41 Sec. 46. NRS 391.31925 is hereby amended to read as follows:
13-42 391.31925 The licensed employee or a witness at a hearing under NRS
13-43 391.311 to 391.3196, inclusive, who is a [handicapped] person with a
13-44 disability as defined in NRS 50.050, is entitled to the services of an
13-45 interpreter at public expense, subject to the provisions of NRS 50.052 and
13-46 50.053. The interpreter must be [appointed] :
13-47 1. Licensed pursuant to sections 2 to 32, inclusive, of this act; and
13-48 2. Appointed by the hearing officer.
14-1 Sec. 47. NRS 396.324 is hereby amended to read as follows:
14-2 396.324 The person who is the subject of a disciplinary hearing under
14-3 this chapter or who is a witness at that hearing, and who is a [handicapped]
14-4 person with a disability as defined in NRS 50.050, is entitled to the
14-5 services of an interpreter at public expense, subject to the provisions of
14-6 NRS 50.052 and 50.053. The interpreter must be [appointed] :
14-7 1. Licensed pursuant to sections 2 to 32, inclusive, of this act; and
14-8 2. Appointed by the person who presides at the hearing.
14-9 Sec. 48. NRS 422.278 is hereby amended to read as follows:
14-10 422.278 Any person who is:
14-11 1. The subject of a hearing conducted under the authority of the
14-12 welfare division or the division of health care financing and policy; or
14-13 2. A witness at that hearing,
14-14 and who is a [handicapped] person with a disability as defined in NRS
14-15 50.050, is entitled to the services of an interpreter at public expense,
14-16 subject to the provisions of NRS 50.052 and 50.053. The interpreter must
14-17 be [appointed] licensed pursuant to sections 2 to 32, inclusive, of this act
14-18 and appointed by the person who presides at the hearing.
14-19 Sec. 49. NRS 463.342 is hereby amended to read as follows:
14-20 463.342 Any person who is the subject of a hearing conducted under
14-21 the provisions of this chapter, or who is a witness at that hearing, and who
14-22 is a [handicapped] person with a disability as defined in NRS 50.050, is
14-23 entitled to the services of
an interpreter at public expense, subject to
the provisions of NRS 50.052 and 50.053. The interpreter must be
14-24 [appointed] :
14-25 1. Licensed pursuant to sections 2 to 32, inclusive, of this act; and
14-26 2. Appointed by the person who presides at the hearing.
14-27 Sec. 50. NRS 608.0116 is hereby amended to read as follows:
14-28 608.0116 “Professional” means pertaining to an employee who is
14-29 licensed or certified by the State of Nevada for and engaged in the practice
14-30 of law or any of the professions regulated by chapters 623 to 645,
14-31 inclusive, of NRS[.] and sections 2 to 32, inclusive, of this act.
14-32 Sec. 51. NRS 615.200 is hereby amended to read as follows:
14-33 615.200 The bureau may:
14-34 1. Enter into reciprocal agreements with other states , [(]which, for
14-35 this purpose, may include the District of Columbia, Puerto Rico, the Virgin
14-36 Islands and Guam , [)] to provide for the vocational rehabilitation of
14-37 individuals within the states concerned;
14-38 2. Establish or construct rehabilitation facilities and workshops and
14-39 make grants to, or contracts or other arrangements with, public and other
14-40 nonprofit organizations for the establishment of workshops and
14-41 rehabilitation facilities;
14-42 3. Operate facilities for carrying out the purposes of this chapter;
14-43 4. In matters relating to vocational rehabilitation:
14-44 (a) Conduct research, studies, investigations and demonstrations and
14-45 make reports;
14-46 (b) Provide training and instruction , [(]including , without limitation,
14-47 the establishment and maintenance of such research fellowships and
15-1 traineeships with such stipends and allowances as may be deemed
15-2 necessary ; [);]
15-3 (c) Disseminate information; and
15-4 (d) Render technical assistance;
15-5 5. Provide for the establishment, supervision, management and control
15-6 of small business enterprises to be operated by severely handicapped
15-7 persons where their operation will be improved through the management
15-8 and supervision of the bureau; and
15-9 6. Maintain a list of persons who are licensed pursuant to sections 2
15-10 to 32, inclusive, of this act to serve as interpreters for handicapped persons
15-11 and shall make any such list available without charge to persons who
15-12 request it.
15-13 Sec. 52. Section 22 of this act is hereby amended to read as follows:
15-14 Sec. 22. An applicant for a license as an interpreter must:
15-15 1. Be at least 18 years of age;
15-16 2. Have at least a high school diploma or a general equivalency
15-17 diploma;
15-18 3. Have completed a training program for interpreters that has
15-19 been approved by the board;
15-20 4. Have been certified as an interpreter by the Registry of
15-21 Interpreters for the Deaf, National Association of the Deaf or any
15-22 other organization approved by the board;
15-23 5. Submit to the board:
15-24 (a) An application on a form provided by the board;
15-25 (b) A complete set of his fingerprints and written permission
15-26 authorizing the board to forward the fingerprints to the central
15-27 repository for Nevada records of criminal history for submission to
15-28 the Federal Bureau of Investigation for its report;
15-29 (c) Three letters of professional reference;
15-30 (d) A resume of his previous applicable experience;
15-31 (e) A notarized statement signed by the applicant which provides
15-32 that the applicant will comply with the code of ethics prescribed by
15-33 the board pursuant to section 19 of this act;
15-34 (f) Proof that he is covered by a policy of liability insurance for
15-35 errors and omissions in an amount established by the board ; [and
15-36 (g) The statement required pursuant to section 25 of this act;]
15-37 6. Pay the fees prescribed by the board pursuant to section 28 of
15-38 this act;
15-39 7. Pay the fees charged by the central repository for Nevada
15-40 records of criminal history and the Federal Bureau of Investigation for
15-41 processing the fingerprints and issuing a report of criminal history;
15-42 8. Present to the board a driver’s license issued by this state,
15-43 another state or the District of Columbia, or an identification card
15-44 issued by this state, another state, the District of Columbia or the
15-45 Federal Government that contains a photograph of the applicant; and
15-46 9. Submit any other information the board may require.
16-1 Sec. 53. Section 23 of this act is hereby amended to read as follows:
16-2 Sec. 23. 1. The board may issue a provisional license to engage
16-3 in the practice of interpreting to a person who:
16-4 (a) Is enrolled in a training program for interpreters that has been
16-5 approved by the board;
16-6 (b) Is under the supervision of an interpreter;
16-7 (c) Passes any examination prescribed by the board pursuant to
16-8 section 19 of this act; and
16-9 (d) Complies with the requirements for licensure set forth in
16-10 section 22 of this act except the requirements set forth in subsections
16-11 3 and 4 of that section.
16-12 2. A provisional license is valid for not more than 1 year and may
16-13 not be renewed more than five times.
16-14 3. A provisional license may be renewed if the licensee:
16-15 (a) Satisfies the requirements set forth in paragraphs (a), (b) and (c)
16-16 of subsection 1; and
16-17 (b) Before the license expires, the licensee submits to the board:
16-18 (1) An application on a form prescribed by the board; and
16-19 (2) The fee for the renewal of the license prescribed by the board
16-20 pursuant to section 28 of this act . [; and
16-21 (3) The statement required pursuant to section 25 of this act.]
16-22 Sec. 54. Section 27 of this act is hereby amended to read as follows:
16-23 Sec. 27. 1. Except for a provisional license, each license to
16-24 engage in the practice of interpreting expires 2 years after the date it is
16-25 issued and may be renewed if, before the license expires, the licensee
16-26 submits to the board:
16-27 (a) An application on a form prescribed by the board;
16-28 (b) Proof of completion of the requirements for continuing
16-29 education prescribed by the board pursuant to section 19 of this act;
16-30 and
16-31 (c) The fee for the renewal of the license prescribed by the board
16-32 pursuant to section 28 of this act . [; and
16-33 (d) The statement required pursuant to section 25 of this act.]
16-34 2. A license that expires pursuant to the provisions of this section
16-35 may be restored if the applicant:
16-36 (a) Complies with the provisions of subsection 1;
16-37 (b) Submits to the board proof of his ability to engage in the
16-38 practice of interpreting; and
16-39 (c) Submits to the board the fees prescribed pursuant to section 28
16-40 of this act for the restoration of an expired license.
16-41 3. If the board determines that an applicant has not submitted
16-42 satisfactory proof of his ability to engage in the practice of
16-43 interpreting, the board may require the applicant to engage in the
16-44 practice of interpreting under the supervision of a person designated
16-45 by the board for a period prescribed by the board.
16-46 Sec. 55. Notwithstanding the provisions of sections 2 to 32, inclusive,
16-47 of this act, a person who engages in the practice of interpreting is not
16-48 required to be licensed as an interpreter pursuant to the provisions of this
16-49 act before July 1, 2003.
17-1 Sec. 56. 1. Notwithstanding the provisions of section 13 of this act,
17-2 each member who is appointed to the board of interpreters to an initial term
17-3 pursuant to subparagraph (1) of paragraph (a) of subsection 1 of section 13
17-4 of this act must be eligible for a license as an interpreter at the time he is
17-5 appointed to the board.
17-6 2. As soon as practicable after October 1, 2001:
17-7 (a) The governor shall appoint to the board of interpreters:
17-8 (1) Four members whose terms expire on September 30, 2003.
17-9 (2) Five members whose terms expire on September 30, 2004.
17-10 (b) The director of the department of employment, training and
17-11 rehabilitation shall appoint to the board of interpreters one member whose
17-12 term expires on September 30, 2003.
17-13 Sec. 57. Notwithstanding the provisions of section 14 of this act, for
17-14 the initial terms of the members of the board, a person designated by the
17-15 department of employment, training and rehabilitation shall, on or before
17-16 October 31, 2001, submit to the governor the names of not less than three
17-17 persons or more than five persons who are qualified for membership on the
17-18 board for each position that the governor is required to appoint pursuant to
17-19 section 13 of this act. The governor shall appoint new members from the
17-20 list, or request a new list. If the person designated by the department of
17-21 employment, training and rehabilitation fails to submit nominations for a
17-22 position on the board within the period prescribed in this section, the
17-23 governor may appoint any qualified person.
17-24 Sec. 58. The provisions of section 32 of this act do not apply to
17-25 offenses committed before July 1, 2003.
17-26 Sec. 59. 1. This section and sections 1 to 32, inclusive, 43, 45, 50,
17-27 and 55 to 58, inclusive, of this act become effective on October 1, 2001.
17-28 2. Sections 33 to 42, inclusive, 44, 46 to 49, inclusive, and 51 of this
17-29 act become effective on July 1, 2003.
17-30 3. Sections 52, 53 and 54 of this act become effective on the date on
17-31 which the provisions of 42 U.S.C. § 666 requiring each state to establish
17-32 procedures under which the state has authority to withhold or suspend, or
17-33 to restrict the use of professional, occupational and recreational licenses of
17-34 persons who:
17-35 (a) Have failed to comply with a subpoena or warrant relating to a
17-36 proceeding to determine the paternity of a child or to establish or enforce
17-37 an obligation for the support of a child; or
17-38 (b) Are in arrears in the payment for the support of one or more
17-39 children,
17-40 are repealed by the Congress of the United States.
17-41 4. Sections 24, 25 and 26 of this act expire by limitation on the date on
17-42 which the provisions of 42 U.S.C. § 666 requiring each state to establish
17-43 procedures under which the state has authority to withhold or suspend, or
17-44 to restrict the use of professional, occupational or recreational licenses of
17-45 persons who:
17-46 (a) Have failed to comply with a subpoena or warrant relating to a
17-47 proceeding to determine the paternity of a child or to establish or enforce
17-48 an obligation for the support of a child; or
18-1 (b) Are in arrears in the payment for the support of one or more
18-2 children,
18-3 are repealed by the Congress of the United States.
18-4 H