Bill Text: CA AB2493 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Workers' compensation: administrative hearings and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-28 - Consideration of Governor's veto pending. [AB2493 Detail]

Download: California-2011-AB2493-Amended.html

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BILL NUMBER: AB 2493	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 3, 2012
	AMENDED IN ASSEMBLY  MAY 25, 2012

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 24, 2012

   An act to amend Sections 11435.30 and 11435.35 of the Government
Code, relating to  workers' compensation   state
government  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2493, as amended, Roger Hernández. Workers' compensation:
administrative hearings and medical examinations and treatments:
interpreters.
   Existing law requires certain state agencies, including the
Workers' Compensation Appeals Board, to provide language assistance
in adjudicative proceedings. Existing law requires the State
Personnel Board to establish, maintain, administer, and publish
annually for these purposes an updated list of certified
administrative hearing interpreters and medical examination
interpreters it has determined meet certain minimum standards.
   This bill would also authorize the Administrative Director of the
Division of Workers' Compensation  or an independent
organization designated by the administrative director  to
establish, maintain, administer, and publish annually an updated list
of certified administrative hearing interpreters  it has
  who,   based on testing by an independent
organization designated by the administrative director, have been
 determined  to  meet certain minimum standards, for
purposes of administrative hearings and medical examinations
conducted in connection with workers' compensation and appeals to the
Worker's Compensation Appeals Board. This bill would require a
reasonable fee to be collected from each interpreter seeking
certification, to cover the reasonable regulatory costs of
administering the program.  This bill would require the
administrative director, if he or she elects not to administer the
program, to contract with an independent organization to conduct
testing and to certify the qualifications of administrative hearing
and medical examination interpreters. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11435.30 of the Government Code is amended to
read:
   11435.30.  (a) The State Personnel Board shall establish,
maintain, administer, and publish annually an updated list of
certified administrative hearing interpreters it has determined meet
the minimum standards in interpreting skills and linguistic abilities
in languages designated pursuant to Section 11435.40. Any
interpreter listed may be examined by each employing agency to
determine the interpreter's knowledge of the employing agency's
technical program terminology and procedures.
   (b) Court interpreters certified pursuant to Section 68562, and
interpreters listed on the State Personnel Board's recommended lists
of court and administrative hearing interpreters prior to July 1,
1993, shall be deemed certified for purposes of this section.
   (c) (1) In addition to the certification procedure provided
pursuant to subdivision (a), the Administrative Director of the
Division of Workers' Compensation  or an independent
organization designated by the administrative director  may
establish, maintain, administer, and publish annually an updated list
of certified administrative hearing interpreters  it has
  who, based on testing by an independent organization
designated by the administrative director, have been  determined
 to  meet the minimum standards in interpreting skills and
linguistic abilities in languages designated pursuant to Section
11435.40, for purposes of administrative hearings conducted pursuant
to proceedings of the Workers' Compensation Appeals Board.  The
independent testing organization shall have no financial interest in
the training of interpreters or in the employment of interpreters for
administrative hearings. 
   (2) A fee, as determined by the administrative director, shall be
collected from each interpreter seeking certification. The fee shall
not exceed the reasonable regulatory costs of administering the
testing and certification program and of publishing the list of
certified administrative hearing interpreters on the Division of
Workers' Compensation Internet Web site.  If the
administrative director chooses not to administer the testing and
certification program, the administrative director shall contract
with one or more independent organizations to conduct testing and to
certify the qualifications of administrative hearing interpreters.

  SEC. 2.  Section 11435.35 of the Government Code is amended to
read:
   11435.35.  (a) The State Personnel Board shall establish,
maintain, administer, and publish annually, an updated list of
certified medical examination interpreters it has determined meet the
minimum standards in interpreting skills and linguistic abilities in
languages designated pursuant to Section 11435.40.
   (b) Court interpreters certified pursuant to Section 68562 and
administrative hearing interpreters certified pursuant to Section
11435.30 shall be deemed certified for purposes of this section.
   (c) (1) In addition to the certification procedure provided
pursuant to subdivision (a), the Administrative Director of the
Division of Workers' Compensation  or an independent
organization designated by the administrative director  may
establish, maintain, administer, and publish annually an updated list
of certified medical examination interpreters  it has
  who, based on testing by an independent organization
designated by the administrative director, have been  determined
 to  meet the minimum standards in interpreting skills and
linguistic abilities in languages designated pursuant to Section
11435.40, for purposes of medical examinations conducted pursuant to
proceedings of the Workers' Compensation Appeals Board, and medical
examinations conducted pursuant to Division 4 (commencing with
Section 3200) of the Labor Code.  The independent testing
organization shall have no financial interest in the training of
interpreters or in the e   mployment of interpreters for
medical examinations. 
   (2) A fee, as determined by the administrative director, shall be
collected from each interpreter seeking certification. The fee shall
not exceed the reasonable regulatory costs of administering the
testing and certification program and of publishing the list of
certified medical examination interpreters on the Division of Workers'
Compensation Internet Web site.  If the administrative
director chooses not to administer the testing and certification
program, the administrative director shall contract with one or more
independent organizations to conduct testing and to certify the
qualifications of medical examination interpreters.