Bills › 88th General Assembly
Where it is now
- Done: IntroducedFebruary 19, 2020
- Done: SubcommitteeFebruary 11, 2020
- Done: House committeeFebruary 18, 2020
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to oral language interpreters for limited-English-proficient persons and sign language interpreters for deaf and hard-of-hearing persons. The bill amends Code chapter 622A, which in the bill provides for oral language interpreters for limited-English-proficient persons in legal proceedings. The bill provides new definitions for “limited English proficient” and “oral language interpreter”. _____ person is entitled to an oral language interpreter and the oral language interpreter services are not provided before an administrative agency.
Read the full explanation
The bill provides that in civil cases, every court shall tax the costs of an oral language interpreter the same as other court costs.15 for the purpose of receiving fees, except that subpoenas are not required. The bill provides that an administrative agency shall pay an oral language interpreter when a limited-English-proficient person is entitled to an oral language interpreter and the oral language interpreter services are provided before an administrative agency. The bill provides that the agency may require that the party to the proceeding pay the expense of the oral language interpreter. The bill provides that an oral language interpreter in a legal proceeding shall take an oath consistent with rules the supreme court adopts under Code chapter 622A. The bill provides that in addition to a court or administrative agency being able to inquire into the qualifications and integrity of an oral language interpreter, the court or administrative agency may also inquire into the neutrality of the oral language interpreter. The bill amends the section of Code chapter 622A that provides the authorization for rulemaking to specify oral language interpreters appearing in legal proceedings. The bill provides that an electronic recording of the portion of proceedings where non-English testimony is given shall be made and maintained for one year after the entry of the final disposition or sentence, or if the final judgment is appealed, until one year after the final disposition of the appeal. _____ interpreter participates as an oral language interpreter shall be privileged with regard to the oral language interpreter. The bill also amends Code chapter 622B, which provides for sign language interpreters for deaf and hard-of-hearing persons. The bill provides that in addition to a court or administrative agency being able to inquire into the qualifications and integrity of a sign language interpreter, the court or administrative agency may also inquire into the neutrality of the sign language interpreter.11 provides appropriations for indigent defense. The bill provides that costs and fees associated with oral language interpreters are not payable from this fund.
House subcommittee
Named February 11, 2020. On February 13, 2020 it recommended passage.
- Rep. Stan Gustafson R
- Rep. Dustin D. Hite R
- Rep. B. Meyer
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill changes how the state pays for interpreters for people with limited English proficiency or hearing impairments during legal proceedings. It is estimated to cost approximately $500,000 in interpreter fees from the Jury and Witness Revolving Fund in fiscal year 2021. This change would result in a savings of approximately the same amount for the Indigent Defense Fund.2
Read the fiscal note
Description
House File 2558 relates to interpreters for limited-English-proficient (LEP) persons and sign language interpreters for deaf and hard-of-hearing persons in legal proceedings. The Bill provides that the State Court Administrator shall receive, review, and pay fee claims for interpreters from the Jury and Witness Revolving Fund established in Iowa Code section 602.1302(3).
The Bill also provides that costs and fees associated with interpreters are not payable from the Indigent Defense Fund. The result of the Bill, in part, is that the Judicial Branch is to assume responsibility for the review and payment of interpreter and translator claims formerly paid by the Indigent Defense Fund. The Bill takes effect October 1, 2020.
Background
Currently, four state agencies may pay oral language interpreters, depending on the case type and economic status of the person needing an interpreter:
1) State Public Defender — Pays interpreters who work on behalf of indigent parties who are LEP and who are represented by assigned counsel in criminal and juvenile cases. 2) Local Public Defender Field Offices — Pay interpreters who work on behalf of indigent parties represented by public defenders in criminal and juvenile cases. 3) Counties — Pay all sign language interpreters in court proceedings and oral language interpreters who assist LEP persons who are subjects of mental health commitment proceedings.
4) State Court Administrator — Pays interpreters appointed for LEP parties in all other cases.
Assumptions
Oral language interpreter fees for LEP indigent persons represented by public defenders or court-appointed counsel will be the same in FY 2021 as those expenses were in FY 2019.
Fiscal Impact
House File 2558 is estimated to cost approximately $500,000 in interpreter fees from the Jury and Witness Revolving Fund. Currently, the State Public Defender pays these fees from the Indigent Defense Fund. This Bill would transfer those costs to the Revolving Fund. As a result, the Indigent Defense Fund would experience a savings of approximately the same amount. The following table shows the court interpreter fees paid by local public defender (PD) field offices and the State Public Defender from the Indigent Defense Fund for the last three fiscal years. Court Interpreter Fees Paid by Local PD Offices and the State Public Defender Although a funds transfer is not authorized in this Bill, if the funds necessary to pay the interpreter fees were transferred from the Indigent Defense Fund budget to the Jury and Witness Revolving Fund beginning in FY 2021, there would be a minimal impact to the State Public Defender’s operations. The amount represents approximately 1.0% of the State Public Defender’s indigent defense budget, and the work of reviewing interpreter claims is spread among four employees. Given the remaining workload of these employees, the shift of interpreter claims to the Judicial Branch would not significantly reduce their workload and would not reduce or eliminate the necessity of any staff.
Sources
- Judicial Branch
- Office of the State Public Defender
- Interpreters, Judicial Branch · February 26, 2020 · $500,000
- Interpreters, Judicial Branch · February 24, 2020 · $500,000
Iowa Code it changes
Creates§622A.9
Amends§331.424§622A.1§622A.2§622A.3§622A.4§622A.5§622A.6§622A.7§622A.8§622B.1§622B.2§622B.3§622B.4§622B.5§622B.6§622B.7§622B.8§815.11
Lobbying
4 for · 0 against · 10 undecided · Who →
Family tree
88th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Similar bills
- HF 445 Relating to interpreters and translators for limited-English-proficient, deaf, and hard-of…89th General Assembly · Renumbered as HF 707Very similar
Matched by wording or an identical title.