HB995

SECTION 1. Chapter 128, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§128- Civil defense emergency warnings; multiple languages. All messages and updates from the governor, the department of defense, or the civil defense division to the general public warning of a civil defense emergency or natural disaster or advising the public during a civil defense emergency or natural disaster shall be prepared for broadcast in multiple languages recommended in the United States Department of Justice limited english proficiency guidance and determined to reach as many residents and visitors as possible. If these messages and updates are to be broadcast to the public, then they shall be distributed to the appropriate media outlets."

SECTION 2. Chapter 371, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§371- Emergency communications. Each appropriate state agency and covered entity shall translate emergency communications and updates into the languages specified in the United States Department of Justice limited english proficiency guidance. If the emergency communications and updates are broadcast, then they shall be broadcast in each of the languages specified in the United States Department of Justice limited english proficiency guidance."

SECTION 3. Section 371-36, Hawaii Revised Statutes, is amended to read as follows:

"[[]§371-36[]] Executive director of the office of language access; duties. There is established within the department of labor and industrial relations, for administrative purposes only, an office of language access. The head of the office shall be known as the executive director of the office of language access, hereinafter referred to as executive director. The executive director shall be appointed by the governor without regard to chapter 76. The executive 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 executive director shall submit a written report with the executive director's opinion and recommendation to the state agency or the covered entity. The executive director may request the state agency or the covered entity to notify the executive director, within a specified time, of any action taken on the executive director's recommendation;

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

(6) Collaborate with all necessary agencies and parties to implement translation, distribution, and broadcast of emergency communications and updates pursuant to section 371- ;

[~~(6)~~] (7) Subject to section 371-33, 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)~~] (8) Adopt rules pursuant to chapter 91 to address the language needs of limited English proficient persons."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	995
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII