BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1379| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1379 Author: Mendoza (D) Amended: 5/31/16 Vote: 21 SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/13/16 AYES: Mendoza, Stone, Jackson, Leno, Mitchell SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen SUBJECT: Workers' compensation: depositions: interpreters SOURCE: Interpreters Guild of America DIGEST: This bill requires that certified interpreters at a workers' compensation hearing or deposition state the same specific information on the record as certified interpreters at a court proceeding. ANALYSIS: Existing law: 1)Establishes a workers' compensation system that provides benefits to an employee who suffers from an injury or illness that arises out of and in the course of employment, irrespective of fault. This system requires all employers to SB 1379 Page 2 secure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by securing insurance against liability from an insurance company duly authorized by the state. 2)Requires that, if the injured employee cannot effectively communicate with his or her treating physician because he or she cannot proficiently speak or understand the English language, the injured employee is entitled to the services of a qualified interpreter during medical treatment appointments. Interpreter services must be paid for by the employer or insurer. (Labor Code §§4600(f) & 4600(g)) 3)Provides that, if the employer or insurer requests a deposition and interpretation services are required because the injured employee or deponent does not proficiently speak or understand the English language, upon a request from either, the employer shall pay for the services of a language interpreter certified or deemed certified by law. (Labor Code §5710(b)) 4)Requires that a certified interpreter providing interpretive services at a court proceeding must state the following on the record: a) The name of the certified or registered court interpreter, as listed on his or her court interpreter certification or registration. b) His or her current certification or registration number. c) A statement that the certified or registered court interpreter's identification has been verified by the court using a certified or registered interpreter identification badge issued by the Judicial Council or other documentation that verifies the interpreter's certification or registration accompanied by photo identification. SB 1379 Page 3 d) The language to be interpreted. e) A statement that the interpreter's oath was administered to the certified or registered court interpreter or that he or she has an oath on file with the court. (Government Code §68561(f)) This bill requires that, if interpreter services are required at a workers' compensation deposition or hearing, the following information must be stated on the record: 1)The name of the certified court interpreter or certified administration hearing interpreter, as listed on his or her court interpreter certification or administration hearing interpreter certification. 2)His or her current certification number. 3)A statement that the certified court interpreter's or certified administrative hearing interpreter's identification has been verified, by the board or judge ordering the deposition, or by the party giving testimony, or his or her representative, using a certified interpreter identification badge issued by the Judicial Council, an administrative hearing interpreter badge issued by Department of Human Resources, or other documentation that verifies the interpreter's certification or registration accompanied by photo identification. 4)The language to be interpreted. 5)If the interpreter is a certified court interpreter, a statement that the interpreter's oath was administered to the certified court interpreter or that he or she has an oath on SB 1379 Page 4 file with the court. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: The Department of Industrial Relations (DIR) indicates that it would incur firstyear costs of $876,000 and ongoing costs of $815,000 (special fund) annually thereafter to implement the provisions of the bill. Assuming that this bill affects five percent of the liens filed annually in the workers' compensation system related to interpreter services, DIR indicated that the bill could increase annual costs by $1.4 million. SUPPORT: (Verified5/31/16) Interpreters Guild of America (source) California Workers' Compensation Interpreters Association OPPOSITION: (Verified5/31/16) None received ARGUMENTS IN SUPPORT: The sponsor of SB 1379, the Interpreters Guild of America (IGA), reports that their members encounter significant fraudulent activity among interpretive services providers at several Southern California workers' compensation appeals board (WCAB) regional boards. Specifically, IGA reports that non-certified interpreters are fraudulently providing interpretive services at workers' compensation hearings and depositions by either claiming to be someone else who is a certified interpreter or by using a certified SB 1379 Page 5 interpreter's certification number as if it was their own certification number. Both activities are illegal, and the IGA argues that this fraudulent activity denies injured workers access to lawful language services, as well as undermines legally certified interpreters. IGA believes that SB 1379 will help prevent this by bringing the WCAB into line with the California court system in verifying an interpreter is actually who they are and appropriately certified on the record. Prepared by:Gideon L. Baum / L. & I.R. / (916) 651-1556 5/31/16 22:24:22 **** END ****