SESSION OF 2020
SUPPLEMENTAL NOTE ON SENATE BILL NO. 230
As Amended by House Committee on Education

Brief*
SB 230, as amended, would establish a sign language
interpreter registration process within the Kansas
Commission for the Deaf and Hard of Hearing (KCDHH) and
would also prohibit individuals not registered with the KCDHH
from practicing as a sign language interpreter. The bill would
also amend the powers and duties of the KCDHH.

Registration Process (New Section 1)
The bill would require sign language interpreters to
register with the KCDHH to interpret under KSA 75-4355a
through 75-4355d (these provisions govern interpreters
providing services to the courts and other entities, interpreter
certification fees, disclosure of communications, and
enforcement in district court) or to comply with any state or
federal law or rules and regulations. The bill would allow the
KCDHH to grant registration as an interpreter to an applicant
who meets the following requirements:
● Has obtained a high school diploma or its
equivalent;
● Is 18 years of age or older;
● Has no record of disqualifying conduct as
designated by the commission; and
● Has obtained certification or other appropriate
credentials as designated by the commission.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 The bill would allow the KCDHH to grant reciprocal
registration to interpreters who have been duly licensed by
another state, territory, or the District of Columbia, provided
the applicant meets the qualifications for registration in
Kansas and provides satisfactory evidence of verification of
the applicant’s licensure or registration from the original state
of licensure or registration. In addition, the KCDHH could
grant temporary registration to a non-resident interpreter who
holds a certificate or license in the person’s state of
residence, with a cap of interpreting no more than 20
separate days per year in Kansas.
The bill would allow the KCDHH to charge and collect
registration fees as set through rules and regulations. The bill
would provide requirements relating to registration renewals
and renewals of expired registrations, including a requirement
the KCDHH provide notice of an expiring registration at least
60 days prior to the expiration of a registration. The bill would
also provide reregistration requirements for interpreters
whose registration has expired.
The bill would require interpreters, as a condition for
renewal of a registration, to attend at least 30 hours of
continuing education every two years. The KCDHH could
sponsor continuing education programs and establish and
charge reasonable fees for the programs.
The bill would allow the KCDHH to require fingerprinting
and criminal history record checks for applicants for
certification as an interpreter. The bill would require local and
state law enforcement officers and agencies to assist the
KCDHH in performing this task. The bill would allow the
KCDHH to charge a fee for fingerprinting and conducting the
criminal history check.


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 The bill would allow the KCDHH to refuse to issue,
renew, or reinstate a registration and could condition, limit,
revoke, or suspend a registration of any individual if the
applicant:
● Has been found incompetent or negligent in
interpreting;
● Has been convicted of a crime and does not merit
the public trust;
● Submits a false, misleading, or incomplete
application;
● Fails or refuses to provide information requested
by the KCDHH;
● Fails to pay the required fees;
● Is currently listed on a child abuse registry or an
adult protective services registry in any state,
territory, or another country as a result of abuse or
neglect and has not demonstrated to the KCDHH’s
satisfaction the person has been sufficiently
rehabilitated to merit the public trust; or
● Has previously had another state, territory, or
country or the District of Columbia revoke, suspend
or limit, or deny a license, registration, or certificate
as an interpreter, or had been the subject of
disciplinary action, with a certified copy of the
record of action being conclusive evidence.
The bill would authorize the executive director of the
KCDHH (Executive Director) to adopt rules and regulations to
implement the registration process, including, but not limited
to, fees, categories of interpreter certification and
endorsements, continuing education programs, code of
professional conduct, supervision and mentorship program,
suspension or revocation of interpreter registration, and any
other matter deemed necessary by the Executive Director.

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Prohibition on Unlicensed Individuals Providing
Interpreting Services (New Section 2)
The bill would make it unlawful for any person who is not
registered with the KCDHH to:
● Practice as an interpreter;
● Hold out to the public the intention, authority, or
skill to interpret;
● Provide video remote interpreting services; or
● Use any title or abbreviation to indicate the person
is a registered interpreter.
The bill would also make it unlawful for any entity,
when the entity knows or reasonably should know the person
is not a registered interpreter, to:
● Cause or permit an unregistered person to interpret
in Kansas, either in-person or remotely;
● Represent that an unregistered person is a
registered interpreter;
● Hold out to the public that an unregistered person
has the intention, skill, or authority to interpret; or
● Accept payment for securing an interpreter when
the person is not a registered interpreter.
These prohibitions would not apply to a person or entity
in the following circumstances:
● Interpreting during a religious event;
● Interpreting as a volunteer without compensation
after receiving approval from the KCDHH or the
Executive Director;
● Interpreting during an emergency until the services
of a registered interpreter can be obtained; or
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 ● Students who are training to be an interpreter while
under the supervision of a registered interpreter.
The bill would allow the KCDHH to file suit in a court of
competent jurisdiction for an injunction against any person or
entity violating these prohibitions, without regard to whether
proceedings have been or may be instituted before the
KCDHH or if criminal proceedings have been or may be
instituted.

Communication Access Services (New Section 3)
The bill would require the KCDHH to establish
guidelines for communication access services,
communication access service providers, and interpreter
service agencies. The bill would allow the Executive Director
to promulgate rules and regulations, on topics including, but
not limited to, fees, qualifications, minimum standards of
training, registration, code of professional conduct, standards
for equipment or technology, system of statewide
coordination, and any other matter deemed necessary by the
Executive Director.
The bill would allow the KCDHH to require fingerprinting
and criminal history record checks for communication access
service providers. The bill would require local and state law
enforcement officers and agencies to assist the KCDHH in
performing this task. The bill would allow the KCDHH to
charge a fee for fingerprinting and conducting the criminal
history check.

Commission for the Deaf and Hard of Hearing Fee Fund
(New Section 4)
The bill would create the Commission for the Deaf and
Hard of Hearing Registration Fee Fund (Fund). Any moneys
collected pursuant to registration fees, charges, or penalties
would be remitted to the Fund. The bill would authorize the

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KCDHH to use such moneys to carry out the powers, duties,
and functions of the KCDHH.

Definitions (New Section 5)
The bill would define certain terms used in the bill,
including “commission,” “communication access services,”
“communication access service provider,” “executive director,”
“interpreter,” “interpreter service agency,” “interpreting,” “video
remote interpreter,” and “video remote interpreting.”

Powers and Duties of KCDHH (Sections 6, 7, and 8)
The bill would amend the powers and duties of the
KCDHH. The bill would update certain terms: from “qualified
interpreters” to “an interpreter registered with the KCDHH,”
from “speech impaired” to “individuals that have speech and
language impairments,” and from “other modes of
communication, such as notetakers, open-captioning
equipment, assistive listening devices” to “other
communication access services.”
The bill would require the KCDHH to provide public
education regarding best practices in language acquisition
development in deaf and hard of hearing children and aural
rehabilitation options and to promote the eradication of
ignorance and discrimination toward deaf and hard of hearing
people in schools and employment. The bill would require the
KCDHH to serve as an advisory board to the Legislature.

The bill would also allow KCDHH to:
● Develop and oversee programs concerning
interpreters, interpreter service agencies, and
communication access services;

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 ● Affiliate with any professional organization related
to the functions of the KCDHH; and
● Undertake any other actions necessary to
administer the KCDHH’s statutory functions.
The bill would require the KCDHH to report directly to
the Secretary for Children and Families or the Deputy
Secretary for Children and Families.

Executive Director of KCDHH (Section 9)
The bill would require the Executive Director provide for
a statewide coordination program for communication access
services and service providers. The bill would require the
KCDHH to supervise the duties of the Executive Director.

Deposit of Fees (Section 10)
The bill would clarify that fees collected by the KCDHH
for providing interpreter services, communication access
services, and sign language instruction would be deposited in
the Kansas Department for Children and Families Enterprise
Fund.

Technical Amendments
The bill would make technical amendments.

Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator Estes on
behalf of Senator Tyson.
In the Senate Committee on Education hearing,
representatives from the Kansas Association of the Deaf and

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the KCDHH and several private citizens provided proponent
testimony. The proponents stated the bill would address
issues related to sign language interpreters, improve
compliance with federal law, clarify the authority of the
KCDHH, and provide safer and more reliable communication
access for those with hearing loss or speech impairments.
Written-only proponent testimony was provided by the
KCDHH, the Kansas Speech-Language-Hearing Association,
the University of Kansas Edwards Campus, and several
private citizens.
No neutral or opponent testimony was provided.
The Senate Committee amended the bill to:
● Require the KCDHH to provide public education
regarding best practices in language acquisition
development in deaf and hard of hearing children
and aural rehabilitation options and to promote the
eradication of ignorance and discrimination toward
deaf and hard of hearing people in schools and
employment;
● Require the KCDHH to serve as an advisory board
to the Legislature;
● Require the KCDHH to report directly to the
Secretary for Children and Families or Deputy
Secretary for Children and Families;
● Require the salary of the Executive Director to be
comparable to the salaries of executive directors of
other commissions;
● Require the KCDHH to exercise supervision over
the Executive Director;
● Change references to “speech-impaired” to “have
speech and language impairments”; and
● Make technical amendments.

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 The Senate Committee of the Whole amended the bill to
require sign language interpreters to register with KCDHH to
comply with any state or federal law or rules and regulations,
as well as to interpret.
In the House Committee on Education hearing,
representatives from the Kansas Association of the Deaf, Inc.,
and the KCDHH provided proponent testimony. No neutral or
opponent testimony was provided.
The House Committee on Education amended the bill to
remove language that would require the executive director’s
salary be comparable to salaries of other executive directors
of other commissions.
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the bill would require the
KCDHH to expend approximately $25,085 in fee revenue to
conduct background and abuse registry checks. The KCDHH
has adopted a fee schedule, including $100 for initial
registration and renewal every two years and lesser fees for
temporary or provisional registrations. The KCDHH estimates
fee fund revenue from the registration fees of $19,385 per
year for 389 interpreters. Background check fees totaling
$5,700 are expected to be collected from 95 interpreters.
Nearly 300 interpreters would be exempt from background
check requirements or they qualify for other existing
exemptions. Any fiscal effect associated with the enactment
of the bill is not reflected in The FY 2020 Governor’s Budget
Report.


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Statutes affected:
As introduced: 75-4355a, 75-4355b, 75-5391, 75-5393, 75-5397a
As Amended by Senate Committee: 75-4355a, 75-4355b, 75-5391, 75-5393, 75-5397a
{As Amended by Senate Committee of the Whole}: 75-4355a, 75-4355b, 75-5391, 75-5393, 75-5397a
As Amended by House Committee: 75-4355a, 75-4355b, 75-5391, 75-5393, 75-5397a