House Bill H0152

2015 Freedom Index Score: (-6)

Analyst: Parrish Miller
Date of analysis: February 20, 2015

ANALYST'S NOTE: House Bill 152 creates a "sign language interpreter licensing board"; imposes
licensure requirements on sign language interpreters; implements fees for the licensing of sign language
interpreters; defines and restricts the scope of practice for sign language interpreters; and imposes
additional regulatory and disciplinary measures on sign language interpreters.

Point No. 1 Does it create, expand, or enlarge any agency, board, program, function, or activity of
government? Conversely, does it eliminate or curtail the size or scope of government?
ANALYSIS: House Bill 152 creates Chapter 56, Title 54, Idaho Code, which shall be known as the
"Sign Language Interpreters Act." Among other things, this chapter establishes "in the
department of self-governing agencies, bureau of occupational licenses, the sign language
interpreter licensing board." The board will consist of five members, three of whom shall be
"fully licensed sign language interpreters." In other words, a board which has a majority of sign
language interpreters serving on it is charged with issuing licenses to and disciplining individuals
who will be direct competitors to the members of the board. (-1)

Point No. 4 Does it increase barriers to entry into the market? Examples include occupational
licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers
to entry into the market?
ANALYSIS: House Bill 152 declares that "on and after July 1, 2016, a license shall be required to
engage in the practice of sign language interpreting. No person shall engage in the practice of or
hold himself out as a sign language interpreter unless he is licensed in accordance with the
provisions of this chapter." (-1)

Point No. 5 Does it directly or indirectly create or increase any taxes, fees, or other assessments?
Conversely, does it eliminate or reduce any taxes, fees, or other assessments?
ANALYSIS: House Bill 152 imposes four categories of fees on applicants for sign language
interpreter licenses: an application fee of up to $1,000; a fee of up to $1,000 for an initial full
license; a fee of up to $1,000 for a provisional license or an endorsement license; and a fee of up
to $1,000 for the annual renewal of a license. The bill also declares that all of these fees shall be
non-refundable. (-1)

Point No. 10 Does it directly or indirectly create or increase penalties for victimless crimes or nonrestorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for
victimless crimes or non-restorative penalties for non-violent crimes?
ANALYSIS: Among other things, House Bill 152 empowers the sign language interpreters
licensing board to "impose a civil penalty not to exceed one thousand dollars ($1,000) for each
violation by a licensee of this chapter or of rules adopted by the board." (-1)
House Bill 152 makes it a misdemeanor for a person to "represent himself to be a licensed sign
language interpreter without having first obtained a license in compliance with the provisions of
this chapter." The bill also makes it a misdemeanor to "practice, attempt or offer to practice sign
language interpreting as defined in this chapter without having at the time of so doing, a valid,
unexpired, unrevoked and unsuspended license issued under this chapter." The bill also makes it
a misdemeanor to "use in connection with his name or place of business, the title sign language
interpreter, licensed sign language interpreter or any words, letters, abbreviations or insignia
that may reasonably be confused with a designation provided by this chapter or indicating or
implying that the person holds a sign language interpreting license unless he is licensed in
accordance with this chapter." (-1)
House Bill 152 makes it a crime for a "hiring entity or interpreter referral service" to even retain
the services of an "unlicensed interpreter." Doing so is a misdemeanor. (-1)