Report Title:

Language Access

Description:

Provides for effective and timely communication between all levels of government and individuals who are precluded from using public services due to language-proficiency barriers. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

2778

TWENTY-THIRD LEGISLATURE, 2006

H.D. 2

STATE OF HAWAII

S.D. 2

 

A BILL FOR AN ACT

 

RELATING TO LANGUAGE ACCESS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

SECTION 1. Chapter 371, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part     

§371-A Purpose. Most individuals living in Hawaii read, write, speak, and understand English. There are many individuals, however, who are limited English proficient. Language for limited English proficient persons can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by state funded programs and activities.

The purpose of this part is to affirmatively address, on the basis of national origin, the language access needs of limited English proficient persons. In providing the delivery of language accessible services, it is the intent of the legislature that those services be guided by Executive Order 13166 and succeeding provisions of federal law, regulation, or guidance.

§371-B Definitions. Whenever used in this part, unless a different meaning clearly appears from the context:

"Access or participate" means to be informed of, participate in, and benefit from the services, programs, and activities offered by the State and covered entities.

"State" means the executive, legislative, and judicial branches of state government including departments, offices, commissions, boards, or other agencies within the executive, legislative, or judicial branches.

"Covered entity" means an organization receiving state financial assistance including grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to the covered entity for the purpose of rendering services on behalf of the State. It does not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State.

"Language" means human speech or the expression of ideas by written characters and includes systems used by nations, people, or other distinct communities.

"Limited English proficient" means individuals who, on account of national origin, do not speak English as their primary language and who identify themselves has having a limited ability to read, write, speak, or understand the English language.

"Oral language services" means the free provision of oral information necessary to enable limited English proficient persons to access or participate in services, programs, or activities.

"Vital documents":

(1) Means printed documents that provide relevant information necessary to participate in services, programs and activities; and

(2) Includes, but is not limited to, applications, outreach materials, and written notices of rights, denials, losses, or decreases in benefits or services.

§371-C Oral and written language services. (a) The State and all covered entities shall take reasonable steps to ensure meaningful access to services, programs, and activities available to limited English proficient persons, which will be determined by a totality of circumstances including the following factors:

(1) The number or proportion of limited English proficient persons served or encountered in the eligible service population;

(2) The frequency with which limited English proficient persons come in contact with the services, programs, or activities;

(3) The nature and importance of the services, programs, or activities; and

(4) The resources available to the State or covered entity and the costs.

(b) Subject to subsection (a), the State and covered entities shall provide competent, timely oral language services to limited English proficient persons who seek to access services, programs, or activities.

(c) Subject to subsection (a), the State and covered entities shall provide written translations of vital documents to limited English proficient persons who seek to access services, programs, or activities, as follows:

(1) Written translations of vital documents for each eligible language group that constitutes five per cent or one thousand, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered; or

(2) If there are fewer than fifty persons in a language group that reaches the five per cent threshold in paragraph (1), written notice in the primary language to the limited English proficient language group of the right to receive competent oral interpretation of those written materials, free of cost.

(d) To the extent that the State requires additional personnel to provide language services based on the determination set forth in this section, the State shall hire qualified personnel who are bilingual to fill existing, budgeted vacant public contact positions.

§371-D Additional obligations. (a) The State and all covered entities shall establish a plan for language access.

(b) Each state agency's plan for language access shall be established in consultation with the language access director and the state agency's coordinator for language access. Each state agency shall file its initial language access plan with the language access director no later than July 1, 2007 and every two years thereafter.

(c) Each state agency shall designate a language access coordinator who shall establish and implement the plan for language access in consultation with the language access director and the language access advisory council.

§371-E Public meetings and public hearings. (a) State agencies to which this part applies shall not be required to translate meeting notices, agendas, or minutes.

(b) Subject to section 371-C, oral language services for public meetings or public hearings held by the legislature shall be provided if requested at least forty-eight hours in advance of the meeting or hearing. Where the notice of any public meeting or public hearing is posted less than forty–eight hours in advance of the meeting or hearing, oral language services shall be provided if requested at least twenty-four hours in advance of the meeting or hearing.

§371-F Language access director; duties. There shall be within the department of labor and industrial relations a language access director to coordinate and supervise activities under this part. The language access director shall:

(1) Provide oversight, central coordination, and technical assistance to state agencies in their implementation of language access requirements under this part or under any other law, regulation, or guidance;

(2) Provide technical assistance to covered entities in their implementation of this part;

(3) Review and monitor each state agency's language access plan for compliance with this part;

(4) Where reasonable access is not provided, endeavor to eliminate the barrier using informal methods such as conference, conciliation, mediation, or persuasion. Where the language access barrier cannot be eliminated by informal methods, the language access director shall submit a written report with the language access director's opinion and recommendation to the state agency or the covered entity. The language access director may request the state agency or the covered entity to notify the language access director, within a specified time, of any action taken on the language access director's recommendation;

(5) Consult with language access coordinators, the language access advisory council, and department directors or their equivalent;

(6) Subject to section 371-C, create, distribute to the State, and make available to covered entities multilingual signage in the more frequently encountered languages in the State, and other languages as needed, informing individuals of their right to free oral language services and inviting them to identify themselves as persons needing services; and

(7) Adopt rules pursuant to chapter 91 to address the language needs of limited English proficient persons.

§371-G Language access advisory council. (a) There is established the language access advisory council within the department of labor and industrial relations for administrative purposes. The council shall consist of the following members to be appointed by the governor:

(1) One representative from the state government;

(2) One representative from a covered entity;

(3) One bilingual case management worker, or an individual who is or has been employed by a state-funded immigrant service agency or program;

(4) One representative of an advocacy organization that provides services to limited English proficient persons;

(5) One member from the limited English proficient population who has an interest in the provision of oral language services;

(6) One representative of the University of Hawaii department of language and linguistics who provides professional training in interpretation and translation;

(7) One representative of a Hawaiian language advocacy organization;

(8) One representative of a professional interpreter's organization;

(9) One representative of a bilingual referral service or program;

(10) The executive director of the Hawaii civil rights commission or authorized representative; and

(11) The language access director, as ex-officio member.

(b) Members shall be appointed in accordance with section 26-34. The terms of the members shall be for four years; provided that the governor may reduce the terms of those initially appointed so as to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year. The council shall select one of its members to serve as chair. No member of the council shall receive any compensation for council services, but shall be allowed necessary expenses for travel, board, and lodging incurred in the performance of council duties.

(c) The language access advisory council shall serve in an advisory capacity to the language access director, providing input on:

(1) Implementation and compliance with this part;

(2) The quality of oral and written language services provided under this chapter; and

(3) The adequacy of a state agency or covered entity's dissemination and training of its employees likely to have contact with limited or no-English proficient persons, its policies and procedures for language services, competency in working effectively with in-person and telephone interpreters, and understanding of the dynamics of interpretation between clients, providers, and interpreters."

SECTION 2. Sections 1 to 18 of chapter 371, Hawaii Revised Statutes, shall be designated as Part I.

SECTION 3. The language access director shall submit a written report annually to the governor and to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2007, detailing compliance, complaints and resolutions, recommendations to enhance compliance, and statutory or administrative changes to further the purposes of this Act.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $1, or so much thereof as may be necessary for fiscal year 2006-2007, to staff and maintain positions at the department of labor and industrial relations for the office of the language access director and language access advisory council.

All sums appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

SECTION 5. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2050.