BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1379|
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                                   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  








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            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.







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             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  







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            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  







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          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


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