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AN ACT

RELATING TO INTERPRETERS; CHANGING THE AGENCY RESPONSIBLE FOR

MAINTAINING THE LIST OF QUALIFIED INTERPRETERS FOR DEAF AND

HARD-OF-HEARING PERSONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 38-9-1 NMSA 1978 (being Laws 1979,

Chapter 263, Section 1) is amended to read:

"38-9-1. SHORT TITLE.--Chapter 38, Article 9 NMSA 1978

may be cited as the "Deaf Interpreter Act"."

Section 2. Section 38-9-3 NMSA 1978 (being Laws 1979,

Chapter 263, Section 3) is amended to read:

"38-9-3. INTERPRETER REQUIRED.--If a deaf person who is

a principal party in interest has provided notice and proof of

disability, if required, pursuant to Section 38-9-6 NMSA 1978,

the appointing authority shall appoint an interpreter, after

consultation with the deaf person, to interpret or to

translate the proceedings to the person and to interpret or

translate the person's testimony. Interpreters may be

selected from current lists of interpreters provided by the

commission for deaf and hard-of-hearing persons for:

A. interpreters certified by the national registry

of interpreters for the deaf; or

B. other interpreters qualified through action of

the commission for deaf and hard-of-hearing persons."

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Section 3. Section 38-9-6 NMSA 1978 (being Laws 1979,

Chapter 263, Section 6) is amended to read:

"38-9-6. NOTICE--PROOF OF DISABILITY.--Every deaf

person whose appearance at a proceeding entitles the person to

an interpreter shall notify the appointing authority of the

person's disability at least two weeks prior to any appearance

and shall request the services of an interpreter. An

appointing authority may require a person requesting the

appointment of an interpreter to furnish reasonable proof of

the person's disability when the appointing authority has

reason to believe that the person is not so disabled.

Reasonable proof shall include but not be limited to a

statement from a doctor, an audiologist, the vocational

rehabilitation division of the public education department,

the commission for deaf and hard-of-hearing persons or a

school nurse that identifies the person as deaf or as having

hearing so seriously impaired as to prohibit the person from

understanding voice communications."

Section 4. Section 38-9-7 NMSA 1978 (being Laws 1979,

Chapter 263, Section 7) is amended to read:

"38-9-7. COORDINATION OF INTERPRETER REQUESTS.--

A. Whenever an appointing authority receives a

valid request for the services of an interpreter, the

appointing authority shall request the commission for deaf and

hard-of-hearing persons to furnish a list of interpreters.

B. The New Mexico association of the deaf and the

New Mexico registry of interpreters for the deaf are

authorized to assist the commission to prepare and continually

update a listing of available interpreters. When requested by

an appointing authority to provide assistance in providing an

interpreter, the commission shall supply a list of available

interpreters.

C. An interpreter who has been appointed shall be

reimbursed by the appointing authority at a fixed rate

reflecting a current approved fee schedule as established by

the commission and the administrative office of the courts.

Nothing in this section shall be construed to prevent any

state department, board, institution, commission, agency or

licensing authority or any political subdivision of the state

from employing an interpreter on a full-time basis or under

contract at a mutually agreed upon compensation rate."

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