HB 1238

This bill requires interpreters for persons with limited English proficiency in court and administrative proceedings.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Interpreters for People Having Limited English Proficiency. Amend RSA by inserting after chapter 521-A the following new chapter:

I. "Appointing authority" means the presiding justice of any court, the chairman of any board, commission or authority, and the director or commissioner of any department, or any other person presiding at any hearing or other proceeding wherein a qualified interpreter is required under this chapter.

II. "Person having limited English proficiency" means any person whose proficiency to either read, write, or understand the English language is so insufficient as to prevent the person from processing the information to adequately exercise his or her right to due process and as a result, requires the services of an interpreter.

III. "Principal party in interest" means a person in any proceeding in which he or she is a named party or a person with respect to whom the decision or action which may be taken in any proceeding directly affects.

IV. "Qualified interpreter" means a person who has the ability to proficiently read, write, speak, and understand the English language while also being able to proficiently read, write, speak, and understand the target language of the person having limited English proficiency. A qualified interpreter is also a person who works, has worked, or has been contracted by any state or federal court system for a minimum of 2 years.

V. "Target language" means any foreign language or native language fluently read, written, spoken, or understood by any persons having limited English proficiency.

I. At all stages of any proceeding before any court, department, board, commission, or licensing authority of the state or any political subdivision of the state in which a person having limited English proficiency is a principal party in interest, the appointing authority shall appoint, upon request of the person having limited English proficiency, a qualified interpreter to interpret or to translate the proceedings to the person having limited English proficiency and to interpret or translate his or her testimony.

II. Whenever a person having limited English proficiency is arrested for any alleged violation of law where the penalty may include imprisonment, a fine in excess of $100, or deportation to his or her native country, no attempt to interrogate or take a statement from such person shall be permitted until a qualified interpreter is appointed and then only through the use of the qualified interpreter.

III. Whenever any person having limited English proficiency is receiving services from any health, welfare, or educational agency under the authority of the state or a political subdivision of the state, the appointing authority shall appoint a qualified interpreter for the person having limited English proficiency to interpret or translate the actions of any person providing such service and to assist the person having limited English proficiency in communicating with each person.

521-B:3 Preliminary Determination. No qualified interpreter shall be appointed under RSA 521-B:2 until the appointing authority makes a preliminary determination that the qualified interpreter is able to accurately communicate with and translate information to and from the person having limited English proficiency in regard to the case at hand.

521-B:4 Notice; Proof of Limited English Proficiency. Every person having limited English proficiency whose appearance before any proceeding entitles him or her to a qualified interpreter shall notify the appointing authority prior to any appearance and shall request the services of a qualified interpreter. An appointing authority may require the person requesting the appointment of a qualified interpreter to furnish reasonable proof of the person having limited English proficiency.

521-B:5 Interpreter Permitted. Whenever a person having limited English proficiency is interested in any administrative or judicial proceeding in which a qualified interpreter would be required for a principal party in an interest, the person having limited English proficiency may use a qualified interpreter to translate the proceeding and to assist in presenting testimony or comments.

521-B:6 Oath of Interpreter. Every qualified interpreter appointed under this chapter, before entering upon his or her duties, shall take an oath that he or she will make a true interpretation in an understandable manner to the person for whom he or she is appointed and will repeat the statements of such person in the English language to the best of his or her skill and judgement.

521-B:7 Privileged Communications. A qualified interpreter appointed under this chapter shall not disclose or be compelled to disclose, through reporting, testimony, or subpoena, the contents of communication that are privileged and confidential under any other provision of law, without the consent of the person having limited English proficiency.

The House Chief of Staff, Senate Chief of Staff, Judicial Branch, Judicial Council, and Department of Administrative Services indicate this bill will result in an indeterminable fiscal impact on state, county and local expenditures in FY 2004 and each year thereafter. There will be no fiscal impact on state, county and local revenue.

The Judicial Council stated that indigent defendants with limited English proficiency are already provided with an interpreter for the typical client-attorney relationship. The Council further stated this bill increases the required qualifications of interpreters, which could result in a significant increase in the cost to the state for these services.

The Judicial Branch stated foreign language interpreters are currently provided in court proceedings. The Branch assumed the definition of qualified interpreter in this bill does not place an additional requirement on being a qualified interpreter. The Judicial Branch assumed an interpreter with 2 years of experience in a state or federal court system would be considered "qualified", but 2 years experience is not an additional requirement. The Branch further stated that if 2 years of experience is considered an additional requirement, then this bill could increase the cost of hiring foreign language interpreters.

The House Chief of Staff stated the number of hearings or other proceedings in which an interpreter would be required can not be determined, but expects the fiscal impact would be less than $10,000.