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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
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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."