SB2813

THE SENATE	S.B. NO.	2813
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

MAKING AN APPROPRIATION TO ESTABLISH A STATEWIDE LANGUAGE BANK.

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

SECTION 1. According to the 2000 Census, almost 290,000 of Hawaii's 1.2 million people, or twenty-four per cent of Hawaii’s population, speak a language other than English at home. This number includes over 250,000 persons who speak an Asian or Pacific island language. For many, English is not their primary language, and they often possess a limited ability to read, write, speak, or comprehend the English language. Language barriers often prohibit many non-English-speaking residents from fully participating in the community, and can undermine their efforts to become self-sufficient and productive in American society.

In 2006, the legislature recognized and acknowledged that language is a barrier for those living in Hawaii who have identified themselves as being limited English proficient. Consequently, the legislature passed Act 290, Session Laws of Hawaii 2006, which was later codified into sections 371-31 through 37 of the Hawaii Revised Statutes, to ensure that limited English proficient individuals have equal, meaningful access to state-provided and state-funded services in Hawaii.

The language access laws require every state agency, and any organization that receives state funding and provides services to the public to establish a language access plan regarding how the agency or organization will provide equal, meaningful access of essential government services, such as social service programs, job training and employment assistance programs, a fair and impartial hearing, and emergency assistance, to all of Hawaii’s diverse population, regardless of what language is spoken.

By October 2007, plans for seventeen out of twenty-five state agencies and covered entities were completed. As the implementation of these language access plans approaches, two major stumbling blocks prevent the State and covered entities from providing meaningful access in the form of interpretation and translation services to limited English proficient individuals. First, there is no comprehensive system in Hawaii to identify language interpreters and translators and to provide referrals to match interpreters or translators to the needs of organizations and state agencies. Second, Hawaii has a dearth of competent language interpreters and translators available to assist limited English proficient individuals. These two points are critical because a key element to the successful implementation of the language access plans is the availability of trained and certified interpreters and translators, so that limited English proficient individuals can receive timely, meaningful language access assistance to government services.

Through the creation of a statewide language access bank, Hawaii will have a centralized resource that will:

(1) Maintain a roster of language interpreters and translators;

(2) Match and refer language interpreters and translators to meet the needs of government agencies, nonprofit organizations, and for-profit organizations;

(3) Provide and coordinate training to develop language interpretation and translation skills; and

(4) Work towards testing and certification of language interpreters and translators to ensure the quality and accuracy of their services.

After its initial establishment, the language access bank will be self-sustaining, supported by user fees, subscription and training fees, and the combined resources of government agencies, and for-profit and nonprofit organizations.

The purpose of this Act is to appropriate moneys for the initial funding needed to establish a statewide language access bank to be administered by the office of language access within the department of labor and industrial relations.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $189,500, or so much thereof as may be necessary for fiscal year 2008-2009, to establish a statewide language access bank to be administered by the office of language access within the department of labor and industrial relations, to allow state agencies and covered entities to provide interpretation and translation services to limited English proficient individuals in accordance with Hawaii’s language access laws.

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

SECTION 3. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________