An Act to Clarify the Law Regarding Interpreting Services for People who are Deaf or Hard of Hearing LR 2490(02)
Maine Legislature, Session 121, LD 1688
Committee Amendment CA_A_S430 (Senate)
Amends: 5 MRSA §48-A

COMMITTEE AMENDMENT "A" to S.P. 620, L.D. 1688, Bill, "An 
Act To Clarify the Law Regarding Interpreting Services for People 
Who Are Deaf or Hard-of-hearing" 
Amend 
the bill 
by 
striking out all 
of 
section 
and 
inserting in its place the following: 
'Sec. 2. 5 MRSA §48-A is enacted to read: 
§48-A. Communication services for deaf persons and hard-of-hearing 
persons in court and other legal settings 
1. 
Definitions. 
As 
used in this 
section. 
unless 
the 
context 
otherwise 
indicates. 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Advocate" means a person who is not a lawyer and who 
provides to the public advice or other substantive legal 
work that is not prohibited by law or regulation. 
B. 
"Agency" means any authority, board, bureau. commission L 
department or officer of State Goyernment or of any countYL 
municipality, 
school district or 
any other political or 
administrative subdivision. 
C. 
"Bureau" 
means 
the 
Department 
of 
Labor. 
Bureau 
of 
Rehabilitation Services. 
Page l-LR2490(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~ to S.P. 620, L.D. 1688 
D. 
"CART" 
means computer-assisted real-time transcription 
using 
specialized 
equipment 
to 
transcribe 
real 
time 
word-for-word spoken English into written English that can 
be viewed on a computer screen or projected onto a large 
screen. 
E. 
"CART provider" means a person who provides CART. 
F. 
"Client" means a deaf person, a hard-of-hearing person 
or a hearing person who is provided interpreting services by 
a priVileged interpreter. 
G. 
"Confidential communication" means a communication that 
a client has a reasonable expectation is not being disclosed 
to persons other than 
a 
privileged interpreter and 
any 
client to whom the communication is intended to be made. 
H. 
"Deaf 
interpreter" 
means 
a 
deaf 
person 
or 
hard-Of-hearing person with native or near-native fluency in 
American Sign Language who has training in interpreting and 
training or experience in the use of gesture, mime, props, 
drawings and other tools to enhance communication for deaf 
persons with minimal language skills. 
I. 
"Deaf person" means a person whose sense of hearing is 
nonfunctional for the purpose of communication and who must 
depend primarily upon visual communication. 
J. 
"Hard-of-hearing person" 
means 
a 
person 
who 
has 
a 
hearing loss resulting in a functional loss, but not to the 
extent that the person must depend primarily upon visual 
communication. 
K. 
"Interpreting organization" means an organization whose 
function is to provide qualified legal interpreter services 
for a fee. 
L. 
"Privileged interpreter" means 
a person identified by 
clients as necessary to facilitate accurate communication 
between the clients and who otherwise has no substantial 
personal or business interest in the communication. 
M. 
"Qualified legal interpreter" means 
a 
person who is 
licensed 
under 
Title 
32, 
chapter 
as 
a 
certified 
interpreter, 
certified 
deaf 
interpreter 
or 
certified 
transliterator and who: 
(1) 
Is a hearing person who: 
COMMITTEE AMENDMENT 
<'". 
I 
40~, 
........ 
~ .. 
\~" ".: 
COMMITTEE AMENDMENT "A, to S.P. 620, L.D. 1688 
(a) 
Holds a current Specialist Certificate: Legal 
from the Registry of Interpreters for the Deaf <-
Inc. or its successor; 
(b) 
Satisfies the eligibility criteria for taking 
the exam for the specialist certificate described 
in division (a) as long as, by January L 
2012, 
that person obtains 
the 
specialist 
certificat~ 
described in division (a); or 
(c) 
Is included on the bureau's list of Qualifieq 
interpreters 
on 
the 
effective 
date 
of 
thiS!. 
section, 
as long as that person, by January L. 
2006, 
meets the eligibility criteria for taking 
the exam for the specialist certificate describeq 
in division (a) and, by January L 
2012, obtains 
the specialist certificate described in division 
( a); or 
(2) 
Is 
a 
deaf 
interpreter 
who 
holds 
a 
current 
Certificate of 
Interpretation 
from 
the 
Registry 
of 
Interpreters for the Deaf, Inc. or its successor or a 
Reverse 
Skills 
Certificate 
from 
the 
Registry 
of 
Interpreters 
for 
the 
Deaf, 
Inc. 
or its 
successor. 
Beginning 
January 
1, 
2006, 
a 
deaf 
person 
or 
hard-of -hearing 
person 
must 
also 
satisfy 
the 
eligibility criteria 
for 
taking 
the 
eXam 
for 
the 
Specialist Certificate: Legal or its successor. 
N. 
"Travel 
expenses" 
means 
actual 
expenses 
for 
transportation reimbursable at the usual state mileage rate, 
tolls, parking fees or other fees specified in an agreement 
between an interpreter or an interpreting organization and 
an agency or court retaining the services of the interpreter 
at a specific date, time and place. 
2. 
Intex:preter services or CART 
reqyired for agency or 
court proceedings. 
When any personal or property interest of a 
deaf person or hard-of-hearing person or of a minor whose parent 
or guardian is a deaf person or hard-of-hearing person is the 
subject of a proceeding before any agency or court, the presiding 
officer 
of 
the 
proceeding 
shall 
appoint 
a 
gualified 
legal 
interpreter or CART provider. 
A. 
A Qualified legal interpreter or CART provider must be 
appointed under this subsection after consultation with, and 
giving primary consideration to the reQuest of. the deaf 
person 
or 
hard-Of-hearing 
person. 
If 
the 
appointed 
Qualified legal interpreter does not meet the needs of the 
deaf person or hard-of-hearing person, the presiding officer 
COMMITTEE AMENDMENT 
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t .... 
It 
:-
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COMMITTEE AMENDMENT ~, to S.P. 620, L.D. 1688 
shall, 
with 
the 
consent 
of 
the 
deaf 
person 
or 
hard-of-hearing 
person, 
appoint 
another 
qualified 
legal 
interpreter. 
B. 
If a qualified legal interpreter appointed under this 
subsection for the deaf person or hard-of-hearing person 
states that the interpretation is not satisfactory and that 
a qualified legal interpreter who is a deaf person or a 
hard-of-hearing 
person 
will 
improve 
the 
quality 
of 
interpretation, 
the 
presiding 
officer 
shall 
appoint 
a 
qualified legal 
interpreter who 
is 
a 
deaf 
person or 
a 
hard-of-hearing 
person 
to 
assist 
the 
qualified 
legal 
interpreter. 
C. 
The presiding officer shall appoint as many qualified 
legal interpreters under this subsection as are necessary to 
meet the needs of the deaf person or hard-of-hearing person. 
D. 
A 
gualified 
legal 
interpreter 
or 
CART 
provider 
appointed under this subsection must be reimbursed by the 
agency 
or 
court 
conducting 
the 
proceeding 
at 
a 
rate 
negotiated 
with 
the 
qualified 
legal 
interpreter 
or 
interpreting organization, plus travel expenses: except that 
employees of the State or any of its political subdivisions, 
public employees and public or private schooL university 
and 
college 
teachers 
or 
administrators 
for 
interpreting 
services or anyone who receives a salary during regular work 
hours 
may 
not 
be 
reimbursed 
under 
this 
subsection 
or 
subsection 3 for interpreter services performed during their 
regular working hours. 
This paragraph does not prevent any 
agency or court from employing a qualified legal interpreter 
on 
a 
full-time basis 
or 
under 
contract at 
a 
mutually 
agreed-upon compensation rate. 
E. 
It is 
the 
responsibility of 
the 
agency 
or 
court 
conducting the proceeding to ensure compliance with the 
provisions of this subsection. 
3. 
Interpreting services or CART 
for consultation with 
appointed attorneys. 
When 
a 
court 
appoints 
an 
attorney 
to 
represent a deaf person or hard-of-hearing person or to represent 
a 
juvenile 
whose 
parent 
or 
guardian 
is 
a 
deaf 
person 
or 
hard-of-hearing person, 
the 
court shall 
provide 
interpreting 
services or CART in accordance with this subsection to allow for 
effective 
consultation 
between 
the 
attorney 
and 
client. 
Interpreting services or CART provided under this subsection must 
be paid for directly by the court and is not the responsibility 
of the attorney. 
4. 
Legal inteIpreting fund for services of attorneys and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~ to S.P. 620, L.D. 1688 
advocates. 
generally. 
The 
bureau 
shall 
maintain 
a 
legal 
interpreting 
fund, 
which 
must 
be 
used 
to 
reimburse 
private 
attorneys and advocates for the cost of interpreting services or 
CART 
that 
assists 
the 
attorney 
or 
advocate 
in effectively 
representing deaf persons or hard-of-hearing persons in cases in 
which subsection 3 does not apply. 
This fund may not be used to 
cover 
interpreting 
services 
or 
CART 
for 
actual 
proceedings 
pursuant to subsection 2. 
5. 
Privileged cOlmlunication. 
Except when a court in the 
exercise of sound discretion determines the disclosure necessary 
to the proper administration of justice, a privileged interpreter 
may 
not disclose 
any aspect of 
a 
confidential 
communication 
facilitated by that privileged interpreter unless all clients of 
the 
privileged 
interpreter 
privy 
to 
that 
confidential 
communication consent to the disclosure. 
6. 
Oath. 
Every gualified legal interpreter appointed under 
subsection 
shalL 
before 
performing 
the 
gualified 
legal 
interpreter's duties, 
take 
an oath that the gualified legal 
interpreter will make a true interpretation in an understandable 
manner to the person for whom the gualified legal interpreter is 
appointed, and that the gualified legal interpreter will repeat 
the statements of the person in the English language to the best 
of the gualified legal interpreter's ability. 
7. 
Provide 
information. 
With 
the 
cooperation 
of 
thE~ 
Registry of Interpreters for the Deaf, Inc. or its successor, the 
bureau shall prepare and continually update a directory listing 
all gualified legal interpreters in the State. 
When reguested bj' 
an agency or court, the bureau shall furnish the agency or court 
with the directory. 
The Division of Deafness within the bureal! 
shall also provide information to the public, including statet 
agencies and individuals who work with interpreters, regarding 
the 
gualifications 
necessary 
to 
become 
a 
gualified 
lega], 
interpreter. ' 
Further amend the bill by striking out all of sections 4 and 
and inserting in their place the following: 
'Sec. 
4. 
Appropriations 
and 
allocations. 
The 
followingr 
appropriations and allocations are made. 
JUDICIAL DEPARTMENT 
Courts -
Supreme, Superior, District & Administrative 
0063 
Initiative: 
Provides 
for 
the 
transfer 
of 
funds 
from 
the 
Department of Labor, Bureau of Rehabilitation Services beginning 
in fiscal year 2004-05 for the purpose of funding American Sign 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT itA· to S.P. 620, L.D. 1688 
Language 
interpreting 
and 
computer-assisted 
real-time 
transcription for people 
appear before the courts. 
who 
are deaf or hard-of-hearing who 
General Fund 
All Other 
General Fund Total 
JUDICIAL DEPAR"l'MEHT 
DEPAR"l'MEHT TOTALS 
GENERAL FUND 
DEPAR"l'MEHT TOTAL -
ALL FUNDS 
LABOR, DEPAR"l'MEHT OF 
Rehabilitation Services 
0799 
2003-04 
2004-05 
$0 
$80,000 
$0 
$80,000 
2003-04 
2004-05 
$0 
$80,000 
$0 
$80,000 
Initiative: 
Provides 
for 
the 
transfer 
of 
funds 
to 
the 
Administrative Office of the Courts beginning in fiscal year 
2004-05 
for 
the 
purpose 
of 
funding 
American 
Sign 
Language 
interpreting and computer-assisted real-time transcription for 
people who are deaf or hard-of-hearing who 
appear before the 
courts. 
General Fund 
All Other 
General Fund Total 
LABOR, DEPAR"l'MEHT OF 
DEPAR'l'MENT TOTALS 
GENERAL FUND 
DEPAR"l'MEHT TOTAL -
ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
SECTION TOTAL -
ALL FUNDS 
2003-04 
2004-05 
$0 
($80,000) 
$0 
($80,000) 
2003-04 
2004-05 
$0 
($80,000) 
$0 
($80,000) 
2003-04 
2004-05 
$0 
$0 
$0 
$0' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
or renumbering 
number 
to 
any 
read 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .~. to S.P. 620, L.D. 1688 
SUMMARY 
This amendment rewrites the substantive section of the bill 
to clarify the qualifications required for persons who interpret 
for 
the deaf or hard-of-hearing in legal settings. 
It also 
changes the fiscal year in which funds are transferred to the 
Judicial Department 
from fiscal year 
2003-04 
to fiscal year 
2004-05. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Approved: 02/17/04 ;JfJ:?ae. 
Office of Fiscal and Program Review 
LD 1688 
An Act to Clarify the Law Regarding Interpreting Services for People 
who are Deaf or Hard of Hearing 
LR 2490(02) 
Fiscal Note for Bill as Amended by Committee Amendment '1\' 
Committee: Labor 
1\ 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$0 
$0 
2004-05 
$0 
$0 
Projections 
2005-06 
$0 
$0 
Projections 
2006-07 
$0 
$0 
This bill includes a General Fund appropriation and deappropriation of $80,000 in fiscal year 2004-05 which transfers 
funds from the Department of Labor, Bureau ofRehabilitiation Services to the Administrative Office of the Courts for 
the purpose of funding American Sign Language interpreting and computer-assisted real-time transcription for people 
who are deaf or hard-of-hearing who appear before the courts. 
LR2490(2) - Fiscal Note - Page 1 of 1