H.F. 671 Section 1. Section 232.141, subsections 1 and 2, Code 2019, 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, or 8 other expenses , excluding the costs and fees of oral language 9 interpreters and translators, who shall be paid pursuant to 10 section 622A.3, and sign language interpreters, who shall be 11 paid pursuant to section 622B.7 . An order entered under this 12 section does not obligate a parent paying child support under a 13 custody decree, except that part of the monthly support payment 14 may be used to satisfy the obligations imposed by the order 15 entered pursuant to this section . If a parent fails to pay as 16 ordered, without good reason, the court may proceed against 17 the parent for contempt and may inform the county attorney who 18 shall proceed against the parent to collect the unpaid amount. 19 Any payment ordered by the court shall be a judgment against 20 each of the child’s parents and a lien as provided in section 21 624.23 . If all or part of the amount that the parents are 22 ordered to pay is subsequently paid by the county or state, 23 the judgment and lien shall thereafter be against each of the 24 parents in favor of the county to the extent of the county’s 25 payments and in favor of the state to the extent of the state’s 26 payments. 27 2. All of the following juvenile court expenses are a charge 28 upon the county in which the proceedings are held, to the 29 extent provided in subsection 3 : 30 a. Juvenile court expenses incurred by an attorney appointed 31 by the court to serve as counsel to any party or to serve as a 32 guardian ad litem for any child, including fees and expenses 33 for foreign language interpreters, costs of depositions and 34 transcripts, fees and mileage of witnesses, and the expenses of 35 -1- LSB 1273HV (2) 88 asf/jh 1/ 14

H.F. 671 officers serving notices and subpoenas. 1 b. Reasonable compensation for an attorney appointed by the 2 court to serve as counsel to any party or as guardian ad litem 3 for any child in juvenile court. 4 c. Fees and expenses incurred by the juvenile court for 5 foreign language interpreters for court proceedings. 6 Sec. 2. Section 331.424, subsection 1, paragraph a, 7 subparagraph (6), Code 2019, is amended to read as follows: 8 (6) The maintenance and operation of the courts, including 9 but not limited to the salary and expenses of the clerk of the 10 district court and other employees of the clerk’s office, and 11 bailiffs, court costs if the prosecution fails or if the costs 12 cannot be collected from the person liable, costs and expenses 13 of prosecution under section 189A.17 , salaries and expenses 14 of juvenile court officers under chapter 602 , court-ordered 15 costs in domestic abuse cases under section 236.5 , sexual abuse 16 cases under section 236A.7 , and elder abuse cases under section 17 235F.6 , the county’s expense for confinement of prisoners under 18 chapter 356A , temporary assistance to the county attorney, 19 county contributions to a retirement system for bailiffs, 20 reimbursement for judicial magistrates under section 602.6501 , 21 claims filed under section 622.93 , sign language interpreters’ 22 fees under section 622B.7 , uniform citation and complaint 23 supplies under section 805.6 , and costs of prosecution under 24 section 815.13 . 25 Sec. 3. Section 602.1302, subsection 3, Code 2019, is 26 amended to read as follows: 27 3. A revolving fund is created in the state treasury for 28 the payment of jury and witness fees, mileage, costs related to 29 summoning jurors by the judicial branch, costs and fees related 30 to the management and payment of interpreters and translators 31 in judicial branch legal proceedings and court-ordered 32 programs, including the costs and fees for oral language 33 interpreters and translators assigned for criminal defense, and 34 attorney fees paid by the state public defender for counsel 35 -2- LSB 1273HV (2) 88 asf/jh 2/ 14

H.F. 671 appointed pursuant to section 600A.6A . The judicial branch 1 shall deposit any reimbursements to the state for the payment 2 of jury and witness fees and mileage in the revolving fund. 3 In each calendar quarter the judicial branch shall reimburse 4 the state public defender for attorney fees paid pursuant to 5 section 600A.6B . Notwithstanding section 8.33 , unencumbered 6 and unobligated receipts in the revolving fund at the end of 7 a fiscal year do not revert to the general fund of the state. 8 The judicial branch shall on or before February 1 file a 9 financial accounting of the moneys in the revolving fund with 10 the legislative services agency. The accounting shall include 11 an estimate of disbursements from the revolving fund for the 12 remainder of the fiscal year and for the next fiscal year. 13 Sec. 4. Section 622A.1, Code 2019, is amended by adding the 14 following new subsections: 15 NEW SUBSECTION . 3. “Limited English proficient” means the 16 inability to adequately understand or effectively communicate 17 in the English language because a person’s primary language is 18 a language other than English. 19 NEW SUBSECTION . 4. “Oral language interpreter” means a 20 person who can accurately transfer the meaning of words or 21 phrases of one oral language into the equivalent words or 22 phrases of a second oral language and from a second oral 23 language into the first oral language. 24 NEW SUBSECTION . 5. “Participant” means any of the 25 following: 26 a. A party or witness in a legal proceeding. 27 b. A child who is or may be the subject of a delinquency 28 petition. 29 c. A parent, guardian, or custodian, whose child is or may 30 be the subject of a delinquency petition. 31 d. A person who is a guardian, conservator, or trustee in a 32 probate case. 33 NEW SUBSECTION . 6. “Translator” means a person who can 34 accurately transfer the meaning of words or phrases of one 35 -3- LSB 1273HV (2) 88 asf/jh 3/ 14

H.F. 671 written language into the equivalent words or phrases of a 1 second written language and from a second written language into 2 the first written language. 3 Sec. 5. Section 622A.2, Code 2019, is amended to read as 4 follows: 5 622A.2 Who entitled Limited-English-proficient persons —— 6 when entitled to an oral language interpreter without cost . 7 1. Every limited-English-proficient person who cannot speak 8 or understand the English language and who is a party to any 9 legal proceeding or a witness therein, shall be is entitled to 10 an oral language interpreter to assist such person throughout 11 the proceeding. without cost when the person is any of the 12 following: 13 a. A participant in a legal proceeding. 14 b. A party who is ordered by a court to participate in a 15 mediation. 16 c. A party who is ordered by a court to participate in a 17 predisposition parenting program in a domestic relations case. 18 2. In addition to subsection 1, if a limited-English- 19 proficient person is a party who is entitled to appointment 20 of legal counsel in a criminal or juvenile case or the court 21 otherwise determines that the limited-English-proficient person 22 is a party who is indigent or cannot afford to pay for an 23 oral language interpreter, the person is entitled to an oral 24 language interpreter to assist such person without cost when 25 the person is a party in a pending court case for any of the 26 following purposes: 27 a. A deposition in the party’s pending court case. 28 b. A consultation with an attorney in the party’s pending 29 court case. 30 c. To prepare for a legal proceeding before any court. 31 3. A limited-English-proficient person who qualifies for 32 appointment of an oral language interpreter without cost to the 33 limited-English-proficient person pursuant to subsection 1 or 34 2 may also qualify for appointment of a translator to provide 35 -4- LSB 1273HV (2) 88 asf/jh 4/ 14

H.F. 671 written translation of court-related material without cost if 1 the court determines that an oral language interpretation of 2 the court-related material would not be sufficient to ensure 3 due process under the circumstances. 4 Sec. 6. Section 622A.3, Code 2019, is amended by striking 5 the section and inserting in lieu thereof the following: 6 622A.3 Payment of oral language interpreters and translators. 7 1. The state court administrator shall pay an oral 8 language interpreter or a translator from the revolving 9 fund created in section 602.1302, subsection 3, when a 10 limited-English-proficient person is entitled to an oral 11 language interpreter or a translator under section 622A.2 12 and the oral language interpreter services or the translator 13 services are not provided before an administrative agency. 14 2. An administrative agency shall pay an oral language 15 interpreter or a translator when a limited-English-proficient 16 person is entitled to an oral language interpreter or a 17 translator under section 622A.2 and the oral language 18 interpreter services or the translator services are provided 19 before an administrative agency. 20 Sec. 7. Section 622A.4, Code 2019, is amended to read as 21 follows: 22 622A.4 Fee set by court —— payment or administrative agency . 23 Every oral language interpreter and translator appointed 24 by a court or administrative agency shall receive a fee to be 25 set by the court or administrative agency. If the interpreter 26 is appointed by the court in a civil case for a person who is 27 indigent and unable to secure an interpreter, the fee for the 28 interpreter shall be paid from the revolving fund established 29 in section 602.1302, subsection 3 . 30 Sec. 8. Section 622A.5, Code 2019, is amended to read as 31 follows: 32 622A.5 Oath. 33 Every oral language interpreter and translator in any legal 34 proceeding shall take the same an oath as any other witness 35 -5- LSB 1273HV (2) 88 asf/jh 5/ 14

H.F. 671 consistent with the rules the supreme court adopts under this 1 chapter . 2 Sec. 9. Section 622A.6, Code 2019, is amended to read as 3 follows: 4 622A.6 Qualifications , neutrality, and integrity. 5 Any court or administrative agency may inquire into the 6 qualifications , neutrality, and integrity of any oral language 7 interpreter or translator , and may disqualify any person from 8 serving as an oral language interpreter or translator . 9 Sec. 10. Section 622A.7, Code 2019, is amended to read as 10 follows: 11 622A.7 Rules. 12 The supreme court, after consultation with the commission 13 of Latino affairs of the department of human rights and other 14 appropriate departments, shall adopt rules governing the 15 qualifications and compensation of oral language interpreters 16 and translators appearing in legal proceedings before a court 17 or grand jury under this chapter . However, an administrative 18 agency which is subject to chapter 17A may adopt rules 19 differing from those of the supreme court governing the 20 qualifications and compensation of oral language interpreters 21 and translators appearing in proceedings before that agency. 22 Sec. 11. Section 622A.8, Code 2019, is amended to read as 23 follows: 24 622A.8 Tape Electronic recording of testimony . 25 A tape An electronic recording of the portion of 26 proceedings where non-English testimony is given shall be 27 made and maintained for one year after the entry of the final 28 disposition or sentence or, if the final judgment is appealed, 29 until one year after the final disposition of the appeal . 30 Sec. 12. NEW SECTION . 622A.9 Privileged communications. 31 Communications between a limited-English-proficient person 32 and a third party which are privileged under chapter 622 in 33 which an oral language interpreter participates as an oral 34 language interpreter shall be privileged with regard to the 35 -6- LSB 1273HV (2) 88 asf/jh 6/ 14

H.F. 671 oral language interpreter. 1 Sec. 13. Section 622B.1, Code 2019, is amended to read as 2 follows: 3 622B.1 Definitions —— rules. 4 1. As used in this chapter , unless the context otherwise 5 requires: 6 a. “Administrative agency” means any department, board, 7 commission, or agency of the state or any political subdivision 8 of the state. 9 b. “Deaf person” means an individual who uses sign language 10 as the person’s primary mode of communication and who may use 11 sign language interpreters to facilitate communication. 12 c. “Hard-of-hearing person” means an individual who 13 is unable to hear and distinguish sounds within normal 14 conversational range and who needs to use speechreading, 15 assistive listening devices, or oral interpreters other 16 reasonable accommodations to facilitate communication. 17 d. “Interpreter” means an oral interpreter or sign language 18 interpreter. 19 e. “Oral interpreter” means an interpreter who is fluent in 20 transliterating, paraphrasing, and voicing. 21 d. “Participant” means any of the following: 22 (1) A party, witness, or attorney in a legal proceeding. 23 (2) A child who is or may be the subject of a delinquency 24 petition. 25 (3) A parent, guardian, or custodian, whose child is or may 26 be the subject of a delinquency petition. 27 (4) A person who is a guardian, conservator, or trustee in a 28 probate case. 29 f. e. “Sign language interpreter” means an interpreter a 30 person who is able to interpret from sign language to English 31 and English to into an oral language and from an oral language 32 into sign language. 33 2. The supreme court, after consultation with the 34 department of human rights, shall adopt rules governing the 35 -7- LSB 1273HV (2) 88 asf/jh 7/ 14

H.F. 671 qualifications and compensation of sign language interpreters 1 appearing in a legal proceeding before a court, grand jury, or 2 before an administrative agency under this chapter . However, 3 an administrative agency which is subject to chapter 17A 4 may adopt rules differing from those of the supreme court 5 governing the qualifications and compensation of sign language 6 interpreters appearing in proceedings before that agency. 7 Sec. 14. Section 622B.3, Code 2019, is amended to read as 8 follows: 9 622B.3 Notice of need. 10 When a deaf or hard-of-hearing person is entitled to an a 11 sign language interpreter, the deaf or hard-of-hearing person 12 shall notify the presiding official within three days after 13 receiving notice of the proceeding, stating the disability and 14 requesting the services of an a sign language interpreter. If 15 the deaf or hard-of-hearing person receives notification of an 16 appearance less than five days prior to the proceeding, that 17 person shall notify the presiding official requesting an a sign 18 language interpreter as soon as practicable or may apply for a 19 continuance until an a sign language interpreter is appointed. 20 Sec. 15. Section 622B.4, Code 2019, is amended to read as 21 follows: 22 622B.4 List. 23 The office of deaf services of the department of human rights 24 shall prepare and continually update a listing of qualified 25 and available sign language interpreters. The courts and 26 administrative agencies shall maintain a directory of qualified 27 sign language interpreters for deaf and hard-of-hearing 28 persons as furnished by the department of human rights. 29 The office of deaf services shall maintain a list of sign 30 language interpreters which shall be made available to a court, 31 administrative agency, or interested parties to an action using 32 the services of an a sign language interpreter. 33 Sec. 16. Section 622B.5, Code 2019, is amended to read as 34 follows: 35 -8- LSB 1273HV (2) 88 asf/jh 8/ 14

H.F. 671 622B.5 Oath. 1 Before participating in a proceeding, an a sign 2 language interpreter shall take an oath that the sign 3 language interpreter will make a true interpretation in an 4 understandable manner to the person for whom the sign language 5 interpreter is appointed and that the sign language interpreter 6 will interpret or translate the statements of the deaf or 7 hard-of-hearing person to the best of the sign language 8 interpreter’s skills and judgment. 9 Sec. 17. Section 622B.6, Code 2019, is amended to read as 10 follows: 11 622B.6 Privileged communications . 12 Communication between a deaf or hard-of-hearing person 13 and a third party which is privileged under chapter 622 in 14 which the sign language interpreter participates as an a sign 15 language interpreter shall be privileged to the sign language 16 interpreter. 17 Sec. 18. Section 622B.7, Code 2019, is amended to read as 18 follows: 19 622B.7 Fee. 20 An A sign language interpreter appointed under this chapter 21 is entitled to a reasonable fee and expenses as determined 22 by the rules applying to that proceeding. This schedule 23 shall be furnished to all courts and administrative agencies 24 and maintained by them. If the sign language interpreter is 25 appointed by the court, the fee and expenses shall be paid by 26 the county and if the sign language interpreter is appointed by 27 an administrative agency, the fee and expenses shall be paid 28 out of funds available to the administrative agency. 29 Sec. 19. Section 622B.8, Code 2019, is amended to read as 30 follows: 31 622B.8 Disqualification. 32 On motion of a party or on its own motion, a court or 33 administrative agency shall inquire into the qualifications , 34 neutrality, and integrity of an a sign language interpreter. A 35 -9- LSB 1273HV (2) 88 asf/jh 9/ 14

H.F. 671 court or administrative agency may disqualify for good reason 1 any person from serving as an a sign language interpreter 2 in that proceeding. If an a sign language interpreter is 3 disqualified, the court or administrative agency shall appoint 4 another sign language interpreter. 5 Sec. 20. Section 815.9, subsection 3, Code 2019, is amended 6 to read as follows: 7 3. If a person is granted an appointed attorney, the 8 person shall be required to reimburse the state for the total 9 cost of legal assistance provided to the person pursuant to 10 this section . “Legal assistance” as used in this section 11 shall include not only the expense of the public defender or 12 an appointed attorney, but also transcripts, witness fees, 13 expenses, and any other goods or services required by law to 14 be provided to an indigent person entitled to an appointed 15 attorney , excluding the costs and fees of oral language 16 interpreters and translators, who shall be paid pursuant to 17 section 622A.3, and sign language interpreters, who shall be 18 paid pursuant to section 622B.7 . 19 Sec. 21. Section 815.11, Code 2019, is amended to read as 20 follows: 21 815.11 Appropriations for indigent defense —— fund created. 22 1. Costs incurred for legal representation by a 23 court-appointed attorney under chapter 229A , 665 , 822 , or 908 , 24 or section 232.141, subsection 3 , paragraph “d” , or section 25 598.23A , 600A.6B , 814.9 , 814.10 , 814.11 , 815.4 , 815.7 , or 26 815.10 on behalf of an indigent shall be paid from moneys 27 appropriated by the general assembly to the office of the 28 state public defender in the department of inspections and 29 appeals and deposited in an account to be known as the indigent 30 defense fund , except as provided in subsection 2 . Costs 31 incurred representing an indigent defendant in a contempt 32 action, or representing an indigent juvenile in a juvenile 33 court proceeding, are also payable from the fund. However, 34 costs incurred in any administrative proceeding or in any 35 -10- LSB 1273HV (2) 88 asf/jh 10/ 14

H.F. 671 other proceeding under this chapter or chapter 598 , 600 , 600A , 1 633 , 633A , 814 , or 915 or other provisions of the Code or 2 administrative rules are not payable from the fund. 3 2. The costs and fees associated with oral language 4 interpreters or translators are not payable from this fund. 5 The costs and fees of an oral language interpreter or a 6 translator shall be paid pursuant to section 622A.3 from moneys 7 appropriated by the general assembly to the judicial branch 8 revolving fund created pursuant to section 602.1302, subsection 9 3. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to oral language interpreters and 14 translators for limited-English-proficient persons and sign 15 language interpreters for deaf and hard-of-hearing persons. 16 The bill amends Code chapter 622A, which in the bill 17 provides for oral language interpreters and translators for 18 limited-English-proficient persons in legal proceedings and 19 court-related activities. 20 The bill provides new definitions for limited English 21 proficient, oral language interpreter, participant, and 22 translator. The bill defines “participant” in Code chapter 23 622A as a party or witness in a legal proceeding; a child who 24 is or may be the subject of a delinquency petition; a parent, 25 guardian, or custodian, whose child is or may be the subject 26 of a delinquency petition; or a person who is a guardian, 27 conservator, or trustee in a probate case. 28 The bill provides that every limited-English-proficient 29 person is entitled to an oral language interpreter to assist 30 such person without cost when the person is a participant 31 in a legal proceeding, a party who is ordered by a court 32 to participate in a mediation, or a party who is ordered 33 by a court to participate in a predisposition parenting 34 program in a domestic relations case. Additionally, if 35 -11- LSB 1273HV (2) 88 asf/jh 11/ 14

H.F. 671 a limited-English-proficient person is a party who is 1 entitled to appointment of legal counsel in a criminal or 2 juvenile case or the court otherwise determines that the 3 limited-English-proficient person is a party who is indigent 4 or cannot afford to pay for an oral language interpreter, 5 the person is entitled to an oral language interpreter to 6 assist such person without cost when the person is a party in 7 a pending court case for a deposition in the party’s pending 8 court case, a consultation with an attorney in the party’s 9 pending court case, or to prepare for a legal proceeding before 10 any court. 11 The bill provides that a limited-English-proficient person 12 who qualifies for appointment of an oral language interpreter 13 without cost to the limited-English-proficient person pursuant 14 to the bill may also qualify for appointment of a translator 15 to provide written translation of court-related material 16 without cost if the court determines that an oral language 17 interpretation of the court-related material would not be 18 sufficient to ensure due process under the circumstances. 19 The bill provides that the state court administrator 20 shall pay oral language interpreters and translators from 21 the revolving fund created in Code section 602.1302(3) when 22 a limited-English-proficient person is entitled to an oral 23 language interpreter or a translator and the oral language 24 interpreter services or translator services are not provided 25 before an administrative agency. The bill provides that an 26 administrative agency shall pay an oral language interpreter 27 or a translator when a limited-English-proficient person is 28 entitled to an oral language interpreter or a translator and 29 the oral language interpreter services or translator services 30 are provided before an administrative agency. 31 The bill provides that an oral language interpreter and a 32 translator in a legal proceeding shall take an oath consistent 33 with rules the supreme court adopts under Code chapter 622A. 34 The bill provides that in addition to a court or administrative 35 -12- LSB 1273HV (2) 88 asf/jh 12/ 14

H.F. 671 agency being able to inquire into the qualifications and 1 integrity of an oral language interpreter or a translator, 2 the court or administrative agency may also inquire into the 3 neutrality of the oral language interpreter or translator. The 4 bill amends the section of Code chapter 622A that provides 5 the authorization for rulemaking to specify oral language 6 interpreters and translators appearing in legal proceedings. 7 The bill provides that an electronic recording of the portion 8 of proceedings where non-English testimony is given shall be 9 made and maintained for one year after the entry of the final 10 disposition or sentence, or if the final judgment is appealed, 11 until one year after the final disposition of the appeal. 12 The bill provides that communications between a 13 limited-English-proficient person and a third party which are 14 privileged under Code chapter 622 in which an oral language 15 interpreter participates as an oral language interpreter shall 16 be privileged with regard to the oral language interpreter. 17 The bill also amends Code chapter 622B, which provides 18 for sign language interpreters for deaf and hard-of-hearing 19 persons. The bill provides a new definition for “participant”. 20 The bill defines “participant” in Code chapter 622B as 21 any of the following: a party, witness, or attorney in a 22 legal proceeding; a child who is or may be the subject of a 23 delinquency petition; a parent, guardian, or custodian, whose 24 child is or may be the subject of a delinquency petition; or a 25 person who is a guardian, conservator, or trustee in a probate 26 case. 27 The bill provides that in addition to a court or 28 administrative agency being able to inquire into the 29 qualifications and integrity of a sign language interpreter, 30 the court or administrative agency may also inquire into the 31 neutrality of the sign language interpreter. 32 The bill amends Code sections 232.141 and 815.9 to exclude 33 the costs and fees of interpreter and translator services. 34 First, Code section 232.141 currently provides that the 35 -13- LSB 1273HV (2) 88 asf/jh 13/ 14

H.F. 671 juvenile court shall inquire into the ability of the child 1 or child’s parent to pay costs including the child’s care, 2 examination, treatment, legal expenses, or other expenses. 3 The bill excludes from those costs the costs and fees for 4 oral language interpreters, sign language interpreters, and 5 translators, and requires that those persons be paid pursuant 6 to Code section 622A.3 (oral language interpreters and 7 translators) or 622B.7 (sign language interpreters). 8 Code section 815.9 currently provides that if a person 9 is granted a court-appointed attorney in a criminal case, 10 the person shall reimburse the state for the total cost of 11 legal assistance. The bill changes the definition of legal 12 assistance to exclude the costs and fees of oral language 13 interpreters, sign language interpreters, and translators. The 14 bill states that these persons shall be paid pursuant to Code 15 section 622A.3 (oral language interpreters and translators) or 16 622B.7 (sign language interpreters). 17 Code section 815.11 provides appropriations for indigent 18 defense. The bill provides that costs and fees associated with 19 oral language interpreters are not payable from this fund. The 20 costs and fees of an oral language interpreter or a translator, 21 including for criminal defense, shall be paid pursuant to Code 22 section 622A.3 from moneys appropriated by the general assembly 23 to the judicial branch revolving fund created pursuant to Code 24 section 602.1302(3). 25 -14- LSB 1273HV (2) 88 asf/jh 14/ 14