HOUSE OF REPRESENTATIVES	H.C.R. NO.	193
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE GOVERNOR TO establish the office of language access.

     WHEREAS, during the Regular Session of 2006, the Legislature passed a measure that was signed into law by the Governor and became Act 290, which establishes the Office of Language Access and provides funding for the office in fiscal year 2006-2007; and

     WHEREAS, Title VI of the federal Civil Rights Act of 1964 requires all entities receiving federal funds to provide language accessible services to limited English proficient persons; and

     WHEREAS, twenty-six per cent of Hawaii residents report that they speak in a language other than English at home, and five per cent of Hawaii residents report that they do not speak English at all or do not speak it well; and

     WHEREAS, testimony in support of the measure that became Act 290 indicated that the State had failed at providing language accessible services and cited specific cases where persons with limited English proficiency were wrongfully denied access to public benefits, suffered wrongful emergency commitment to psychiatric facilities, unknowingly agreed to "voluntarily" place their children with the Department of Human Services, were compelled to attend English-only court-ordered rehabilitative programs, were told to provide their own interpreters when accessing state services, had teeth extracted without having given one's informed consent, and faced substantial delays in accessing basic government services, including the children's health insurance program, medicare, medicaid, and the temporary assistance for needy families and temporary assistance to other needy families programs; and

     WHEREAS, Act 290 was enacted to ensure state compliance with Title VI by having the Office of Language Access assist the judiciary and all state departments in developing individualized language access plans that comply with existing federal law, in monitoring and investigating language access complaints, and in endeavoring to eliminate language access violations through informal methods such as conferences, conciliation, mediation, and persuasion; and

     WHEREAS, Act 290 also established a Language Access Advisory Council appointed by the Governor and composed of representatives from the State, non-profit corporations, and the public at large; and

     WHEREAS, the intent of Act 290 has not yet been implemented due to the State's withholding of funds to establish the Office of Language Access and to appoint a Director and Advisory Council members; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Governor is requested to establish the Office of Language Access, by releasing funds for the Office and by thereafter appointing a Director for the Office, posting notices of openings for the Language Access Advisory Council, and appointing members to the Language Access Advisory Council; and

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Governor.

OFFERED BY:

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Report Title: 

Office of Language Access