S.F. _____ H.F. _____ Section 1. Section 232.141, subsections 1 and 2, Code 2011, 1 are amended to read as follows: 2 1. Except as otherwise provided by law, the court shall 3 inquire into the ability of the child or the child’s parent 4 to pay expenses incurred pursuant to subsections 2, 4 , and 8. 5 After giving the parent a reasonable opportunity to be heard, 6 the court may order the parent to pay all or part of the costs 7 of the child’s care, examination, treatment, legal expenses, 8 or other expenses , excluding the costs and fees of interpreter 9 and translator services . An order entered under this section 10 does not obligate a parent paying child support under a custody 11 decree, except that part of the monthly support payment may be 12 used to satisfy the obligations imposed by the order entered 13 pursuant to this section . If a parent fails to pay as ordered, 14 without good reason, the court may proceed against the parent 15 for contempt and may inform the county attorney who shall 16 proceed against the parent to collect the unpaid amount. Any 17 payment ordered by the court shall be a judgment against each 18 of the child’s parents and a lien as provided in section 19 624.23 . If all or part of the amount that the parents are 20 ordered to pay is subsequently paid by the county or state, 21 the judgment and lien shall thereafter be against each of the 22 parents in favor of the county to the extent of the county’s 23 payments and in favor of the state to the extent of the state’s 24 payments. 25 2. All of the following juvenile court expenses are a charge 26 upon the county in which the proceedings are held, to the 27 extent provided in subsection 3 : 28 a. Juvenile court expenses incurred by an attorney appointed 29 by the court to serve as counsel to any party or to serve as a 30 guardian ad litem for any child, including fees and expenses 31 for foreign language interpreters, costs of depositions and 32 transcripts, fees and mileage of witnesses, and the expenses of 33 officers serving notices and subpoenas. 34 b. Reasonable compensation for an attorney appointed by the 35 -1- LSB 1280DP (6) 84 rh/rj 1/ 9

S.F. _____ H.F. _____ court to serve as counsel to any party or as guardian ad litem 1 for any child in juvenile court. 2 c. Fees and expenses incurred by the juvenile court for 3 foreign language interpreters for court proceedings. 4 Sec. 2. Section 602.1302, subsection 3, Code 2011, is 5 amended to read as follows: 6 3. A revolving fund is created in the state treasury for 7 the payment of jury and witness fees, mileage, costs related to 8 summoning jurors by the judicial branch, costs and fees related 9 to the management and payment of interpreters and translators 10 in judicial branch legal proceedings and court-ordered 11 programs, and attorney fees paid by the state public defender 12 for counsel appointed pursuant to section 600A.6A . The 13 judicial branch shall deposit any reimbursements to the state 14 for the payment of jury and witness fees and mileage in the 15 revolving fund. In each calendar quarter the judicial branch 16 shall reimburse the state public defender for attorney fees 17 paid pursuant to section 600A.6B . Notwithstanding section 18 8.33 , unencumbered and unobligated receipts in the revolving 19 fund at the end of a fiscal year do not revert to the general 20 fund of the state. The judicial branch shall on or before 21 February 1 file a financial accounting of the moneys in the 22 revolving fund with the legislative services agency. The 23 accounting shall include an estimate of disbursements from the 24 revolving fund for the remainder of the fiscal year and for the 25 next fiscal year. 26 Sec. 3. Section 622A.1, Code 2011, is amended by striking 27 the section and inserting in lieu thereof the following: 28 622A.1 Definitions. 29 As used in this chapter, unless the context otherwise 30 requires: 31 1. “Administrative agency” means any department, board, 32 commission, or agency of the state or any political subdivision 33 of the state. 34 2. “Court-ordered program” means any activity in which a 35 -2- LSB 1280DP (6) 84 rh/rj 2/ 9

S.F. _____ H.F. _____ court orders a party to participate and which is not supervised 1 by the department of corrections or the department of human 2 services. 3 3. “Interpreter” means a person who can accurately transfer 4 the meaning of words, phrases, or signs in one language into 5 the equivalent words, phrases, or signs in another language 6 and includes an oral language interpreter and a sign language 7 interpreter. 8 4. “Legal proceeding” means any action before any court, 9 or any legal action preparatory to appearing before any 10 court, whether civil, criminal, or juvenile in nature 11 or any proceeding before any administrative agency which 12 is quasi-judicial in nature and which has direct legal 13 implications to any person. 14 5. “Limited English proficient” means the inability to 15 adequately understand or effectively communicate in the English 16 language because a person’s primary language is a language 17 other than English. 18 6. “Oral language interpreter” means an interpreter who is 19 able to interpret from one oral language into a second oral 20 language and from the second oral language into the first oral 21 language. 22 7. “Participant” means a party, witness, attorney, or 23 child, including a child who is or may be the subject of a 24 delinquency petition, a parent or guardian whose child is or 25 may be the subject of a delinquency petition, or a person who 26 is a guardian, conservator, or trustee in a probate case. 27 8. “Sign language interpreter” means an interpreter who is 28 able to interpret from sign language to an oral language and 29 from that oral language to sign language. 30 9. “Translator” means a person who can accurately transfer 31 the meaning of written words and phrases in one language into 32 the equivalent written words and phrases in another language. 33 Sec. 4. Section 622A.2, Code 2011, is amended to read as 34 follows: 35 -3- LSB 1280DP (6) 84 rh/rj 3/ 9

S.F. _____ H.F. _____ 622A.2 Who entitled to interpreter or translator . 1 Every limited English proficient person who cannot speak 2 or understand the English language and who is a party to any 3 is a participant in a legal proceeding or a witness therein, 4 court-ordered program shall be entitled to an interpreter or 5 translator to assist such person throughout the proceeding or 6 program . 7 Sec. 5. Section 622A.3, Code 2011, is amended to read as 8 follows: 9 622A.3 Costs —— when taxed . 10 1. An interpreter shall be or translator appointed without 11 expense to the person requiring assistance in the following 12 cases: for a limited English proficient participant who is 13 entitled to an interpreter or translator pursuant to section 14 622A.2 shall be paid in accordance with this section and the 15 fees for interpreter or translator services shall not be 16 charged to the limited English proficient participant or the 17 parties in the case. 18 a. If the person requiring assistance is a witness in the 19 civil legal proceeding. 20 b. If the person requiring assistance is indigent and 21 financially unable to secure an interpreter. 22 2. In civil cases, every court shall tax the cost of 23 an interpreter the same as other court costs. In criminal 24 cases, where the defendant is indigent, the interpreter 25 shall be considered as a defendant’s witness under rule 26 of criminal procedure 2.15 for the purpose of receiving 27 fees, except that subpoenas shall not be required. If the 28 proceeding is before an administrative agency, that agency 29 shall provide such interpreter but may require that a party 30 to the proceeding pay the expense thereof An oral language 31 interpreter or a translator required for a limited English 32 proficient participant in a judicial branch legal proceeding 33 or a court-ordered program shall be paid by the state court 34 administrator from the revolving fund established in section 35 -4- LSB 1280DP (6) 84 rh/rj 4/ 9

S.F. _____ H.F. _____ 602.1302, subsection 3 . 1 3. Moneys recovered as court costs for interpreters paid 2 through the revolving fund established in section 602.1302, 3 subsection 3 , shall be deposited in that fund An oral 4 language interpreter or a translator required for a limited 5 English proficient participant in a legal proceeding before 6 an administrative agency shall be paid by the appropriate 7 administrative agency . 8 4. A sign language interpreter and a real-time court 9 reporter who assist a deaf or hard-of-hearing participant in a 10 legal proceeding before a court or an administrative agency or 11 in a court-ordered program shall be paid by the county pursuant 12 to section 622B.7. 13 Sec. 6. Section 622A.4, Code 2011, is amended to read as 14 follows: 15 622A.4 Fee for interpreter and translator services set by 16 court or administrative agency —— payment. 17 Every An interpreter or translator appointed by a court 18 or administrative agency shall receive a fee to be set by 19 the court or administrative agency. If the interpreter is 20 appointed by the court in a civil case for a person who is 21 indigent and unable to secure an interpreter, the fee for the 22 interpreter shall be paid from the revolving fund established 23 in section 602.1302, subsection 3 . 24 Sec. 7. Section 622A.5, Code 2011, is amended to read as 25 follows: 26 622A.5 Oath. 27 Every An interpreter or translator in any legal proceeding 28 shall take the same an oath as any other witness approved by 29 the supreme court . 30 Sec. 8. Section 622A.6, Code 2011, is amended to read as 31 follows: 32 622A.6 Qualifications and integrity. 33 Any court or administrative agency may inquire into the 34 qualifications , neutrality, and integrity of any interpreter 35 -5- LSB 1280DP (6) 84 rh/rj 5/ 9

S.F. _____ H.F. _____ or translator , and may disqualify any person from serving as 1 an interpreter or translator . 2 Sec. 9. Section 622A.7, Code 2011, is amended to read as 3 follows: 4 622A.7 Rules —— qualifications and compensation of 5 interpreters and translators . 6 The supreme court, after consultation with the commission 7 of Latino affairs of the department of human rights and other 8 appropriate departments, shall adopt rules governing the 9 qualifications and compensation of interpreters and translators 10 appearing in proceedings before a court or grand jury under 11 this chapter . However, an administrative agency which is 12 subject to chapter 17A may adopt rules differing from those of 13 the supreme court governing the qualifications and compensation 14 of interpreters and translators appearing in proceedings before 15 that agency. 16 Sec. 10. Section 622A.8, Code 2011, is amended to read as 17 follows: 18 622A.8 Tape Electronic recording of testimony . 19 A tape An electronic recording of the portion of proceedings 20 where non-English testimony is given shall be made and 21 maintained. 22 Sec. 11. Section 622B.1, subsection 1, paragraphs d through 23 f, Code 2011, are amended to read as follows: 24 d. “Interpreter” means an oral interpreter or sign language 25 interpreter a person who can accurately transfer the meaning of 26 words, phrases, or signs in one language into the equivalent 27 words, phrases, or signs in another language, and includes an 28 oral language interpreter and a sign language interpreter . 29 e. “Oral language interpreter” means an interpreter who is 30 fluent in transliterating, paraphrasing, and voicing able to 31 interpret from one oral language into a second oral language 32 and from the second oral language to the first oral language . 33 f. “Sign language interpreter” means an interpreter who is 34 able to interpret from sign language to English and English to 35 -6- LSB 1280DP (6) 84 rh/rj 6/ 9

S.F. _____ H.F. _____ sign language an oral language and from that oral language to 1 sign language . 2 Sec. 12. Section 815.9, subsections 3, 4, 5, and 7, Code 3 2011, are amended to read as follows: 4 3. If a person is granted an appointed attorney, the person 5 shall be required to reimburse the state for the total cost 6 of legal assistance provided to the person , excluding the 7 costs and fees of interpreter and translator services . “Legal 8 assistance” as used in this section shall include not only 9 an appointed attorney, but also transcripts, witness fees, 10 expenses, and any other goods or services required by law to 11 be provided to an indigent person entitled to an appointed 12 attorney. 13 4. If the case is a criminal case, all costs and fees 14 incurred for legal assistance , excluding the costs and fees 15 of interpreter and translator services, shall become due and 16 payable to the clerk of the district court by the person 17 receiving the legal assistance not later than the date of 18 sentencing, or if the person is acquitted or the charges are 19 dismissed, within thirty days of the acquittal or dismissal. 20 5. If the case is other than a criminal case, all costs and 21 fees incurred for legal assistance , excluding the costs and 22 fees of interpreter and translator services, shall become due 23 and payable to the clerk of the district court by the person 24 receiving the legal assistance not later than ten days from the 25 date of any court ruling or trial held in the case, or if the 26 case is dismissed, within ten days of the dismissal. 27 7. If all costs and fees incurred for legal assistance , 28 excluding the costs and fees of interpreter and translator 29 services, are not paid at the times specified in subsections 4 30 and 5 , the court shall order payment of the costs and fees in 31 reasonable installments. 32 EXPLANATION 33 This bill relates to interpreters and translators for 34 limited English proficient participants in legal proceedings 35 -7- LSB 1280DP (6) 84 rh/rj 7/ 9

S.F. _____ H.F. _____ and in court-ordered programs. 1 The bill provides that a “limited English proficient” (LEP) 2 person who is a participant in any legal proceeding involving a 3 court or an administrative agency or in a court-ordered program 4 shall be entitled to an interpreter or a translator to assist 5 the person in the proceeding or program. LEP is defined as the 6 inability of a person to adequately understand or effectively 7 communicate in the English language because a person’s primary 8 language is a language other than English. The bill defines 9 an “interpreter” as a person who can accurately transfer the 10 meaning of words, phrases, or signs in one language into the 11 equivalent words, phrases, or signs in another language and 12 includes an oral language interpreter and a sign language 13 interpreter; a “translator” as a person who can accurately 14 transfer the meaning of written words and phrases in one 15 language into the equivalent written words and phrases in 16 another language; and a “participant” as a party, witness, 17 attorney, or child, including a child who is or may be the 18 subject of a delinquency petition, a parent or guardian whose 19 child is or may be the subject of a delinquency petition, or a 20 person who is a guardian, conservator, or trustee in a probate 21 case. 22 The bill provides that fees for interpreter or translator 23 services shall not be charged to an LEP participant in a legal 24 proceeding or court-ordered program. The bill specifies 25 that an oral language interpreter or a translator required 26 for an LEP participant in a judicial branch legal proceeding 27 or in a court-ordered program is to be paid by the state 28 court administrator from the revolving fund established in 29 Code section 602.1302, subsection 3 (known as the jury and 30 witness fund); an oral language interpreter or a translator 31 required for an LEP participant in a legal proceeding before 32 an administrative agency is to be paid by the appropriate 33 administrative agency; and a sign language interpreter and a 34 real-time court reporter who assist a deaf or hard-of-hearing 35 -8- LSB 1280DP (6) 84 rh/rj 8/ 9

S.F. _____ H.F. _____ participant in a legal proceeding before a court or an 1 administrative agency or in a court-ordered program are to be 2 paid by the county pursuant to Code section 622B.7. The bill 3 makes conforming changes excluding the costs of interpreter 4 and translator services from being charged to a parent in a 5 juvenile proceeding (Code section 232.141) and to a person 6 receiving indigent legal assistance services (Code section 7 815.9). 8 The bill provides additional provisions specifying that fees 9 and qualifications for interpreter and translator services 10 are to be determined by the court or administrative agency, 11 as appropriate; an interpreter or translator in any legal 12 proceeding is required to take an oath approved by the supreme 13 court; and a court or an administrative agency may inquire into 14 the qualifications, neutrality, and integrity of an interpreter 15 or translator and may disqualify any person from serving as an 16 interpreter or translator. The bill requires electronic rather 17 than audio recordings of the portion of proceedings where 18 non-English testimony is given to be made and maintained. 19 The bill makes conforming changes to the definitions of 20 “interpreter”, “oral language interpreter”, and “sign language 21 interpreter” in Code chapter 622B (deaf and hard-of-hearing 22 interpreters) to be consistent with the definitions in the 23 bill. 24 -9- LSB 1280DP (6) 84 rh/rj 9/ 9