SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 185
As Amended by Senate Committee of the Whole

Brief*
SB 185, as amended, would authorize the Kansas
Commission for the Deaf and Hard of Hearing (Commission)
to adopt rules and regulations, establish a sign language
interpreter registration process, and provide guidelines for
communication access services.

Interpreter Registration
The bill would require any person seeking to interpret in
the state to be registered with the Commission by submitting
an application, as prescribed by the Commission, and paying
the registration fee. The bill would require all applicants to
meeting the following requirements for registration:
● Have obtained a high school diploma or equivalent
certificate;
● Be 18 years of age or older;
● Have no other record of disqualifying conduct as
determined by the Commission; and
● Have obtained a certification or other appropriate
credential as determined 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
Reciprocity Registration
The bill would allow the Commission to establish a
reciprocity system where applicants licensed in another state,
territory, or the District of Columbia may be registered if the
Commission deems the applicant to have substantially met
the qualifications of this State. Applicants seeking registration
in this manner would be required to provide evidence and
verification of their licensure or registration in their original
state.

Temporary Registration
The bill would allow the Commission to provide
temporary registration for nonresidents who are licensed or
registered in their state of residence. The temporary
registration would allow the individual to interpret no more
than 20 separate days in the state within a year.

Registration Expiration and Notification
Expiration of an interpreter’s registration would be
determined by the Commission under its rules and
regulations authority. The bill would require notice of renewal
be sent to all interpreters a minimum of 60 days prior to
expiration of their registration. The bill would also provide a
30-day grace period after the expiration of an interpreter’s
registration without incurring a late fee. Following the grace
period, the Commission would be authorized to charge a late
fee not to exceed $200. The fee would be set in the
Commission’s rules and regulations.
An interpreter whose license has expired without
submitting a renewal application may renew their license
upon payment of the late fee and submission of their
evidence showing continuing education requirements have
been met. The bill would allow the Commission to require

2- 185
additional testing, training, or education for interpreters
seeking registration renewal after the 30-day grace period.

Continuing Education
The bill would require all registered interpreters to attend
a minimum of 30 hours of continuing education programing
within a 2-year period as a condition for registration renewal.

Fingerprinting and Background Checks
The bill would authorize the Commission to require
applicants for registration as interpreters to be fingerprinted
and submit to both state and federal criminal history record
checks. The Commission would be allowed to use the
information garnered from this practice to determine an
applicant’s qualifications and fitness for registration as an
interpreter.
The bill would direct local and state law enforcement
agencies to assist the Commission in taking the fingerprints
of applicants and charge a fee for expenses incurred to the
Commission. The Kansas Bureau of Investigation would also
be required to release all the applicant’s adult convictions to
the Commission.
The Commission would be allowed to fix and collect a
fee in an amount equal to the cost of the fingerprinting and
criminal history record check services provided.

Denial of Registration
The bill would authorize the Commission to deny,
condition, limit, revoke, or suspend registration of any
individual who:
● Has been found incompetent or negligent in the
practice of interpreting;
3- 185
 ● Has been convicted of a felony offense or a
misdemeanor against persons and is deemed not
sufficiently rehabilitated by the Commission;
● Submits an application containing false,
misleading, or incomplete information;
● Fails or refuses to provide any information
requested by the Commission;
● Fails or refuses to pay required fees;
● Is currently listed on a child abuse or adult
protective services registry and is deemed not
sufficiently rehabilitated by the Commission;
● Had a license, registration, or certificate to practice
as an interpreter revoked, suspended, or limited or
been subject of other disciplinary action by another
state, territory, or the District of Columbia; or
● Had an application for such license, registration, or
certificate denied by another state, territory, or the
District of Columbia.
Proceedings
The bill would require all administrative and disciplinary
proceedings be conducted in accordance with the Kansas
Administrative Procedure Act and be subject to the Kansas
Judicial Review Act.

Rules and Regulations
The bill would require the executive director of the
Commission (Director) and the Commission to adopt rules
and regulations such as, but not limited to:
● Fees;
4- 185
 ● Categories of interpreter certification and
endorsements;
● Continuing education requirements and programs
for registered interpreters;
● Code of professional conduct;
● Supervision and mentorship requirements and
programs;
● Suspension and revocation of interpreter
registration; and
● Other matters deemed necessary by the Director to
effectuate provisions of the bill.
Unlawful Acts
The bill would make it unlawful for persons not
registered with the Commission to:
● Practice as an interpreter;
● Hold out to the public the intention, authority, or
skill to interpret;
● Provide video remote interpreting services; or
● Use of title or abbreviation to indicate one is an
interpreter registered with the Commission.
The bill would also deem the following actions by an
individual to be unlawful:
● Cause or permit a person to interpret in the state
with the knowledge that such person is not
registered with the Commission;


5- 185
 ● Represent a person as a registered interpreter
when it is known or should be reasonably known
such person is not registered;
● Hold out a person to the public, on behalf of such
person, the intention, skill, or authority to interpret
when it is known or should be reasonably known
such person is not registered; and
● Accepting payment for securing an interpreter
when the person provided is not registered.
The bill would exempt from the registration requirements
in the bill:
● A person interpreting during a religious event;
● A person interpreting as a volunteer without
compensation after receiving approval from the
Director or Commission;
● A person interpreting during an emergency until
registered services can be obtained; or
● A student enrolled in and pursuing a degree or
credential in interpreting or an interpreter training
program or a provisional interpreter with a
supervision plan overseen by the Commission.
The bill would authorize the Commission to bring action
against individuals committing the aforementioned unlawful
activities in a court of competent jurisdiction in order to seek
an injunction against the individual.

Communication Access Services
The bill would require the Commission to develop
guidelines for the utilization of communication access
services, communication access service providers, and
interpreter service agencies. The Director could adopt rules
6- 185
and regulations for communication access services that may
included, but not be limited to:
● Fees;
● Determination of qualifications;
● Minimum standards of training;
● Registration;
● Code of professional conduct;
● Standards of equipment or technology;
● A system of statewide coordination; and
● Any other matter the Director deems necessary to
effectuate this section of statute.
The bill authorizes the Commission to carry out
fingerprinting, and state and federal criminal history checks in
the same manner as prescribed for interpreters.
The bill would also allow for the same uses by the
Commission for the information received and the charging of
a fee equal to the cost of delivering such services.

Fee Fund
The bill would establish the Commission for the Deaf
and Hard of Hearing Registration Fee Fund (Fund). The bill
would provide provisions for the remittance of moneys to be
deposited into the State Treasury and credited to the Fund.


7- 185
Definitions
The bill would define the following terms:
● “Commission”;
● “Communication Access Services”;
● “Communication Access Service Provider”;
● “Executive Director”;
● “Interpreter”;
● “Interpreter Service Agency”;
● “Interpreting”;
● “Video Remote Interpreter”; and
● “Video Remote Interpreting.”
The Commission
The bill would amend the responsibilities of the
Commission by including a charge to provide public
education on best practices for language acquisition
development among deaf and hard of hearing children as well
as promote the eradication of ignorance and discrimination
toward deaf and hard of hearing individuals in schools and
employment.
The bill would also authorize the Commission to carry
out the programs established in the bill, become a member or
affiliate with professional organizations related to the
Commission’s scope, and undertake acts necessary to carry
out the Commission’s powers, duties, and functions.
The bill would allow the Commission to fix, charge, and
collect reasonable fees for interpreter registration,
8- 185
communication access services, and sign language
instruction.

Executive Director
The bill would require the Director to report directly to
the Deputy Secretary or Secretary for Children and Families.
It would also require the Director be paid a comparable salary
to executive directors of other commissions and provide that
the Commission must supervise and evaluate the Director.
The Director would also be authorized to provide statewide
coordination for communication access services.
The bill would make technical conforming amendments.

Background
The bill was introduced by the Senate Committee on
Education at the request of Senator Baumgardner.

Senate Committee on Education
In the Senate Committee hearing, proponent testimony
was provided by both the Executive Director and Chairperson
of the Commission for the Deaf and Hard of Hearing. The
proponents generally stated the bill would help clarify and
remove obstacles so that the Commission can better carry
out its duties.
No neutral or opponent testimony was provided.

Senate Committee of the Whole
The Senate Committee made a technical amendment to
the bill.


9- 185
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Department for
Children and Families (DCF) estimates the Commission
would expend approximately $25,085 of fee revenue in FY
2022 to conduct background and abuse registry checks. The
Commission estimates it would receive approximately
$19,385 per year in registration fees for 389 interpreters,
based on a $100 initial registration fee with renewal every two
years and lesser fees for temporary and provisional licenses.
An additional revenue of $5,700 is estimated to be collected
from 95 interpreters for background checks as the remaining
interpreters would be exempt due to employers already
requiring said services. Finally, the DCF estimates expending
$15,000 of salaries and wages from existing resources to
support the Commission’s new licensing requirements. Any
fiscal effect associated with the bill is not reflected in The FY
2022 Governor’s Budget Report.
Kansas Commission for the Deaf and Hard of Hearing; Department for Children and
Families; licensure; interpreters; rules and regulations


10- 185


Statutes affected:
As introduced: 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