Hawaii-2017-HCR43-Introduced

WHEREAS, there is an increased need statewide for communication access provided by American Sign Language interpreters as reflected in the number of requests made to local interpreter referral agencies; and

WHEREAS, the increased need for interpreters by the deaf community, government agencies, private agencies, and employers has created a need for all consumers of American Sign Language interpreting services to be assured that the services they receive are provided by qualified interpreters who follow professional standards; and

WHEREAS, the Disability and Communication Access Board currently tests and credentials American Sign Language interpreters at the state level, and the Registry of Interpreters for the Deaf certifies American Sign Language interpreters at the national level; and

WHEREAS, American Sign Language interpreters establish their own business in Hawaii and obtain a general excise tax license to provide services, and many accept assignments from an agency directly or from local American Sign Language interpreter referral agencies; and

WHEREAS, the Disability and Communication Access Board is not an enforcement agency and does not regulate professional interpreters or interpreter referral agencies; and

WHEREAS, in 2015, the Pacific Disabilities Center (formerly known as the Pacific Basin Rehabilitation Research and Training Center) compiled nationwide information in a report titled "Status of State Licensure of American Sign Language Interpreters"; and

WHEREAS, the report indicates that sixteen states license American Sign Language interpreters with a variety of fees charged and differing requirements for licensure; and

WHEREAS, the report does not include information regarding the impact that the licensure of American Sign Language interpreters has had in those states; and

WHEREAS, more information is necessary to determine the impact that licensure of American Sign Language interpreters and regulation of interpreter referral agencies would have in Hawaii related to the fees charged for services, credentialing, professional development for interpreters, disciplinary action, and penalties for unprofessional conduct; and

WHEREAS, the Department of Commerce and Consumer Affairs regulates and licenses professionals as well as investigates complaints of fraudulent and unfair business practices; and

WHEREAS, section 26H-6, Hawaii Revised Statutes, requires new measures that, if enacted, would subject unregulated professions and vocations to licensing or other regulatory controls, to be referred to the Auditor for analysis; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, the Senate concurring, that the Auditor is requested to conduct a sunrise review of the probable effects of licensure of American Sign Language interpreters and regulation of interpreter referral agencies as proposed by S.B. No. and S.B. No. , Regular Session of 2017; and

BE IT FURTHER RESOLVED that the study analyze the sixteen states that have licensure requirements and include information about:

(1) The impact licensure has had on interpreter services and customer satisfaction;

(2) Procedures for filing a complaint and the review process for handling complaints;

(3) Types of infractions reviewed;

(4) Grounds for establishing licensure; and

(5) Disciplinary sanctions imposed and the reasons for imposing disciplinary sanctions; and

BE IT FURTHER RESOLVED that the Auditor is requested to consult with critical stakeholders in conducting the sunrise review and submitting its findings and recommendations; and

BE IT FURTHER RESOLVED that the study include information about the responsibility of an American Sign Language interpreter referral agency to:

(1) Recruit the most qualified interpreters;

(2) Assess customer satisfaction for deaf and hearing customers;

(3) Provide a complaint or grievance process; and

(4) Inform interpreters and all agencies served about the quality of interpreter services; and

BE IT FURTHER RESOLVED that the Auditor is further requested to complete the study and submit findings and recommendations, including any proposed legislation and a recommendation as to whether Hawaii should require licensure of American Sign Language interpreters and regulation of interpreter referral agencies, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2018; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, Director of Commerce and Consumer Affairs, Executive Director of the Disability and Communication Access Board, Director of the Pacific Disabilities Center, President of the Hawaii Registry of Interpreters for the Deaf, President of the Aloha State Association of the Deaf, Owner of Hawaii Interpreting Services, and President of Isle Interpret.

	OFFERED BY:	_____________________________

Report Title:

Sunrise Review; Auditor; American Sign Language Interpreters; Interpreting Agencies; Licensure

HOUSE OF REPRESENTATIVES	H.C.R. NO.	43
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII