Prohibits discrimination against persons with a lack of proficiency in English.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the effective maintenance and development of a free and democratic society depends on the right and ability of its citizens to communicate with their government and the ability of government to communicate with them.

The legislature further finds that a significant number of persons who live, work, and pay taxes in this State are unable to effectively communicate with their government, because of an inability to speak or write English or because it is not their primary language. Because of a language barrier, state and county employees are frequently unable to communicate with these persons who need government services. As a consequence, a substantial number of persons are presently being denied rights and benefits to which they would otherwise be entitled.

The intent of this Act is to provide for effectively and timely communication between government agencies and members of the public who are precluded from utilizing public services because of language barriers.

The purpose of this Act is to prohibit civil rights discrimination against limited or non-English proficient persons.

SECTION 2. Section 368-1.5, Hawaii Revised Statutes, is amended to read as follows:

"§368-1.5 Programs and activities receiving state financial assistance. (a) No otherwise qualified individual in the State shall, solely by reason of [his or her]:

(b) As used in this section[, the term "disability"]:

"Disability" means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.

"A lack of proficiency in English" means an individual is unable to adequately understand or communicate in spoken or written English.

[(c) As used in this section, "state] "State or county financial assistance" means grants, purchase-of-service contracts, or any other arrangement by which the State or a county provides or otherwise makes available assistance in the form of funds to an entity for the purpose of rendering services on behalf of the State or a county. 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 or county."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.