Senate backs recognition of American Sign Language and creates interpreter certification board

The Utah State Senate on Feb. 3 advanced two bills aimed at improving access to interpreter services and recognizing American Sign Language in education.

Senators approved a first substitute for Senate Bill 42, which the sponsor said explicitly recognizes American Sign Language as “a fully developed autonomous natural language” and directs the State Board of Education and the Board of Regents to develop policies to offer ASL instruction in public schools and institutions of higher education. "The legislature recognize[s] that American Sign Language is a fully developed autonomous natural language with distinct grammar, syntax, and art forms," Senator Brent Richards said during floor remarks on the bill, noting the measure emerged from a task force created to help Utah comply with the Americans with Disabilities Act.

Senate Bill 41, debated alongside SB 42, would establish an 11-member certified interpreter board to set standards, provide certification and discipline, and help expand training capacity. Senator Richards described the board’s proposed composition as a designee of the director of the Division of Services to the Deaf and Hard of Hearing, designees from the State Board of Regents and State Board of Education, four professional interpreters and four people who are deaf or hard of hearing. He told colleagues certification is intended as a quality-control mechanism amid what he called a severe shortage of qualified interpreters in the state and noted that some training and task-force costs had been incorporated in the governor’s budget.

Supporters emphasized ADA compliance and educational opportunity. "This is a giant step forward," Senator Richards said, describing work from a 36‑member task force that included higher-education officials, interpreters and representatives of the deaf and hard-of-hearing community. Dr. Blaine Peterson, the task-force co-chair, was also named in testimony as helping shape recommendations.

Several senators asked detailed procedural and legal questions before votes. Senator Hilliard asked whether higher-education institutions had been consulted so the measure would not operate as an unfunded mandate; Richards said the Regents and Board of Education had been involved following earlier committee review. Senator McAllister raised concerns about the bill’s disciplinary language, quoting provisions describing “physical, mental, or ... abusing or exploiting any person” as unprofessional conduct and pressing whether those terms and the bill’s penalties were typical for licensing statutes. Richards replied the board would have authority to establish standards, including causes for revocation, and that the provisions responded to task-force priorities to protect clients.

Fiscal impacts were discussed. SB 41 carries a fiscal note recorded on the floor as about $7,000 related to establishing the certification board; sponsors said other related expenditures had been included in the governor’s budget or would be covered by fees. SB 42 proceeded without a separate fiscal note on the floor.

Votes and next steps: the Senate recorded a first-substitute approval for SB 42 (27 ayes, 0 nays, 2 absent) and placed it on the third-reading calendar; SB 41 passed on the floor vote (25 ayes, 0 nays, 4 absent) and was likewise placed on third reading. Both bills will proceed to later consideration and, as Senate measures, will be sent to the House for further action.

Procedural note: the sponsors and several senators indicated some technical language and penalty questions would be resolved before final action; SB 41’s modest fiscal note means administrative details will likely be reviewed as the bills move forward.