BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1379|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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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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