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AN ACT

RELATING TO LICENSURE; CREATING THE SIGNED LANGUAGE

INTERPRETING PRACTICES ACT; EXPANDING THE EXPENDITURES

ALLOWED IN THE TELECOMMUNICATIONS ACCESS FUND; MAKING AN

APPROPRIATION.

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

Section 1. SHORT TITLE.--Sections 1 through 17 of this

act may be cited as the "Signed Language Interpreting

Practices Act".

Section 2. DEFINITIONS.--As used in the Signed Language

Interpreting Practices Act:

A. "board" means the signed language interpreting

practices board;

B. "consumer" means a person using the services of

a signed language interpreter;

C. "deaf, hard-of-hearing or deaf-blind person"

means a person who has either no hearing or who has

significant hearing loss;

D. "department" means the regulation and licensing

department;

E. "interpreter" means a person who practices

interpreting;

F. "interpreter education program" or "interpreter

preparation program" means:

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(1) a post-secondary degree program of at

least two year's duration accredited by the state or similar

accreditation by another state, district or territory; or

(2) a substantially equivalent education

program approved by the board; and

G. "interpreting" means the process of providing

accessible communication between deaf, hard-of-hearing or

deaf-blind persons and hearing persons, including;

(1) communication between signed language

and spoken language; or

(2) other modalities such as visual,

gestural and tactile methods, not to include written

communication.

Section 3. SCOPE OF PRACTICE.--For the purposes of the

Signed Language Practices Act, a person is interpreting if

the person advertises, offers to practice, is employed in a

position described as interpreting or holds out to the public

or represents in any manner that the person is an interpreter

in this state.

Section 4. LICENSE REQUIRED.--Unless licensed pursuant

to the Signed Language Interpreting Practices Act, a person

shall not:

A. practice as an interpreter or perform

interpreting services:

(1) for compensation or where compensation

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could be reasonably expected; or

(2) where effective communication is

mandated by state or federal law;

B. use the title of interpreter or make any

representation as being an interpreter, or use any other

title, abbreviation, letters, figures, signs or devices that

indicate the person is licensed to practice interpreting; or

C. advertise or make any representation to the

public or in any manner that the person is licensed to

provide interpreting services.

Section 5. EXEMPTIONS.--The Signed Language

Interpreting Practices Act does not apply to:

A. nonresident interpreters working in New Mexico

less than thirty calendar days per year;

B. interpreting in religious or spiritual

settings;

C. interpreting in informal settings for friends,

families or guests;

D. interpreting in emergency situations where the

deaf, hard-of-hearing or deaf-blind person or that person's

legal representative decides that the delay necessary to

obtain a licensed interpreter is likely to cause injury or

loss to the consumer;

E. the activities or services of a supervised

interpreter intern or student in training who is enrolled in

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an interpreter education program, interpreter preparation

program, or a program of study in signed language

interpreting at an accredited institution of higher learning

approved by the board; or

F. multilingual interpreting in order to

accommodate the personal choice of the consumer.

Section 6. CONFIDENTIAL COMMUNICATION.--

A. A communication is confidential when it is not

intended to be disclosed to third persons other than those

present to further the interest of the person requiring the

interpreting.

B. A licensed signed language interpreter shall

not disclose confidential information obtained in the course

of professional services.

Section 7. BOARD CREATED.--

A. The "signed language interpreting practices

board" is created.

B. The board is administratively attached to the

department with administrative staff provided by the

department.

C. The governor shall appoint the members to serve

on the board.

D. The board shall consist of seven members, at

least two of whom are from each congressional district, as

follows:

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(1) two licensed community interpreters and

two licensed educational interpreters, at least one of whom

is a deaf or hard-of-hearing person;

(2) two deaf, hard-of-hearing, deaf-blind

persons who are regular consumers of signed language

interpreting services; and

(3) one person representing the general

public who has never been a licensed signed language

interpreter and has no financial interest in the profession

of signed language interpreting.

E. Members shall serve for staggered terms of

three years each, except that the initial board shall be

appointed so that the terms of three members expire June 30,

2009 and the terms of four members expire June 30, 2010.

F. Vacancies shall be filled by appointment by the

governor for the unexpired term within ninety days of the

vacancy. Board members shall serve until their successors

have been appointed and qualified.

G. Members shall be paid per diem and mileage as

provided in the Per Diem and Mileage Act and shall receive no

other compensation, perquisite or allowance.

H. No member shall serve more than two consecutive

terms. A member failing to attend three meetings, after

proper notice, shall be recommended for removal as a board

member unless excused for reasons set forth in board rules.

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I. The board shall elect a chair and other

officers as it deems necessary to administer its duties.

J. The board shall hold at least two meetings

annually and additional meetings as the board deems

necessary. The additional meetings may be held upon call of

the chair or upon written request of four members. Four

members of the board, including the public member,

constitutes a quorum to conduct business.

Section 8. BOARD POWERS AND DUTIES.--

A. The board shall:

(1) administer and enforce provisions of the

Signed Language Interpreting Practices Act;

(2) promulgate rules setting forth the

qualifications of applicants for licensure and the provisions

for the administration of examinations and the issuance,

renewal, suspension or revocation of licenses;

(3) evaluate the qualifications of

applicants for licensure and issue licenses;

(4) promulgate rules pursuant to the State

Rules Act to effectively carry out and enforce the provisions

of the Signed Language Interpreting Practices Act;

(5) submit an annual budget for each fiscal

year to the department;

(6) maintain a record of all proceedings;

and

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(7) provide an annual report to the

governor.

B. The board may refuse, suspend or revoke a

license of an interpreter, conduct investigations, issue

subpoenas and hold hearings as provided in the Uniform

Licensing Act.

Section 9. REQUIREMENTS FOR LICENSURE.--

A. The board shall issue a license as a community

signed language interpreter to a person who:

(1) files a completed application that is

accompanied by the required fees; and

(2) submits satisfactory evidence that the

person:

(a) has reached the age of majority;

(b) is of good moral character;

requirements established by the board; and

(d) holds certification under a

nationally recognized signed language interpreters

organization or by an equivalent organization as defined by

rule of the board.

B. The board shall issue a license as an

educational signed language interpreter to a person who:

(1) files a completed application that is

accompanied by the required fees; and

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(2) submits satisfactory evidence that the

person:

(a) has reached the age of majority;

(b) is of good moral character;

requirements established by the board; and

(d) provides evidence of passing a

skill assessment exam as established by rule.

C. The board shall issue a one-time, five-year

provisional license to a person not meeting the community

signed language interpreter or educational signed language

interpreter requirements for licensure as a signed language

interpreter pursuant to the Signed Language Interpreting

Practices Act if the person:

(1) has completed an interpreter education

program or interpreter preparation program; or

(2) is employed as a community signed

language interpreter or an educational signed language

interpreter at the time that act becomes effective.

Section 10. LICENSE RENEWAL.--

A. Notwithstanding Subsection B of Section 8 of

the Signed Language Interpreting Practices Act, a licensee

may renew a license every two years by submitting a completed

renewal application provided by the board.

B. The board may require continuing education for

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license renewal as established by rule.

C. If a license is not renewed by the expiration

date, the license shall be considered expired, and the

licensee shall refrain from practicing. The licensee may

renew within a sixty-day grace period, which begins the first

day the license expires, by submitting payment of the renewal

fee and a late fee and complying with all renewal

requirements. Upon renewal of the license, the licensee may

resume practice.

D. The board may issue rules providing for the

inactive status of licenses.

Section 11. FEES.--The board may, by rule, establish a

schedule of fees as follows:

A. an initial nonrefundable biennial licensure fee

not to exceed two hundred fifty dollars ($250);

B. a nonrefundable biennial license renewal fee

not to exceed two hundred dollars ($200);

C. an initial nonrefundable annual provisional

licensure fee not to exceed two hundred dollars ($200); and

D. an annual nonrefundable provisional licensure

renewal fee not to exceed one hundred dollars ($100) limited

to five years that the licensee may renew.

Section 12. UNIFORM LICENSING ACT.--The Signed Language

Interpreting Practices Act is enforceable according to the

procedures set forth in the Uniform Licensing Act.

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Section 13. FUND CREATED.--

A. The "signed language interpreting practices

fund" is created in the state treasury.

B. All money received by the board under the

Signed Language Interpreting Practices Act shall be deposited

with the state treasurer for credit to the signed language

interpreting practices fund. The fund consists of fees as

provided in the Signed Language Interpreting Practices Act

and money received from the telecommunications access fund.

The state treasurer shall invest the fund as other state

funds are invested. Earnings from investment of the fund

shall be credited to the fund. Any unexpended or

unencumbered balance remaining at the end of a fiscal year

shall not revert.

C. Money in the fund is subject to appropriation

by the legislature to be used only for purposes of carrying

out the provisions of the Signed Language Interpreting

Practices Act.

D. Disbursements from the fund shall be made upon

warrants drawn by the secretary of finance and administration

pursuant to vouchers signed by the superintendent of

regulation and licensing.

Section 14. LICENSE DENIAL, SUSPENSION OR REVOCATION.--

A. In accordance with procedures contained in the

Uniform Licensing Act, the board may deny, revoke or suspend

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a license held or applied for under the Signed Language

Interpreting Practices Act, upon grounds that the licensee or

applicant:

(1) is guilty of fraud or deceit in

procuring or attempting to procure a license;

(2) is guilty of gross incompetence;

(3) is guilty of unprofessional or unethical

conduct as defined by rule of the board;

(4) uses untruthful or misleading

advertising;

(5) is habitually or excessively using

controlled substances or alcohol to such a degree the

licensee or applicant is rendered unfit to practice as a

signed language interpreter pursuant to the Signed Language

Interpreting Practices Act;

(6) has violated the Signed Language

Interpreting Practices Act;

(7) is guilty of aiding and abetting a

person not licensed to practice signed language interpreting

pursuant to the Signed Language Interpreting Practices Act;

(8) as evidenced by a certified copy of the

record of jurisdiction, has had a license, certificate or

registration to practice signed language interpreting

revoked, suspended or denied in any state or territory of the

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United States for actions pursuant to this section.

B. Disciplinary proceedings may be initiated by a

complaint of a person, including members of the board, and

shall conform with the provisions of the Uniform Licensing

Act.

C. A person filing a complaint shall be immune

from liability arising out of civil action if the complaint

is filed in good faith and without actual malice.

Section 15. PENALTIES.--A person who violates a

provision of the Signed Language Interpreting Practices Act

is guilty of a misdemeanor and upon conviction shall be

sentenced pursuant to Section 31-19-1 NMSA 1978.

Section 16. CRIMINAL OFFENDER EMPLOYMENT ACT.--The

provisions of the Criminal Offender Employment Act shall

govern any consideration of criminal records required or

permitted by the Signed Language Interpreting Practices Act.

Section 17. TERMINATION OF AGENCY LIFE--DELAYED

REPEAL.--The signed language interpreting practices board is

terminated on July 1, 2013 pursuant to the Sunset Act. The

board shall continue to operate according to the Signed

Language Interpreting Practices Act until July 1, 2014.

Effective July 1, 2014, the Signed Language Interpreting

Practices Act is repealed.

Section 18. Section 63-9F-12 NMSA 1978 (being Laws

1993, Chapter 54, Section 12, as amended) is amended to read:

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"63-9F-12. TELECOMMUNICATIONS ACCESS FUND--

ESTABLISHED.--There is created in the state treasury the

"telecommunications access fund". Money appropriated to the

fund or accruing to it through gifts, grants, fees,

surcharges, penalties or bequests shall be delivered to the

state treasurer for deposit in the fund. The fund shall be

invested as other state funds are invested. Disbursements

from the fund shall be made upon warrants drawn by the

secretary of finance and administration pursuant to vouchers

signed by the executive director of the commission. The

commission shall administer the fund. Money in the fund is

appropriated to the commission for the purpose of carrying

out the provisions of the Telecommunications Access Act. The

commission may request the state budget division of the

department of finance and administration to approve the

expenditure of funds deposited in the telecommunications

access fund for the purpose of defraying salary and other

necessary expenses incurred by the commission in the

administration of the provisions of the Telecommunications

Access Act. The state budget division may approve the

expenditure of not more than ten percent of the amount

deposited in the telecommunications access fund during any

fiscal year for expenses incurred by the commission in

administering that act. In addition, money in the fund is

subject to appropriation by the legislature to the commission

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for the performance of its duties pursuant to Chapter 28,

Article 11B NMSA 1978 and to the signed language interpreting

practices fund for the purpose of defraying salary and other

necessary expenses incurred by the signed language

interpreting practices board. Any unexpended or unencumbered

balance remaining in the fund at the end of any fiscal year

shall not revert."