SB2814

SECTION 1. Section 371-32, Hawaii Revised Statutes, is amended as follows:

1. By adding two new definitions to be appropriately inserted and to read:

""Purchase-of-service contract" means any and all types of formal written agreements, regardless of what the agreements may be called, between the State and another legal entity, to purchase or otherwise acquire any service for the purpose of rendering services to the public.

"Written language services" means the free provision of written information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity."

2. By amending the definitions of "access or participate", "covered entity", "oral language services", "state" or "state agency", and "vital documents" to read:

""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.

"Covered entity" means a person or 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 person or organization for the purpose of rendering services [~~on behalf of the State.~~] to the public. It shall 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.

"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[.] of a state agency or covered entity.

"State" or "state agency" means any department, office, commission, board, or other agency of the executive, legislative, [~~and~~] or judicial [~~branches of state government, including departments, offices, commissions, boards, or other agencies within the executive, legislative, or judicial branches.~~] branches of the State, including the office of Hawaiian affairs.

"Vital documents"[:

~~(1)~~ ~~Means~~] means printed documents that provide important information necessary to access or participate in services, programs, and activities[~~; and~~

~~(2)~~ ~~Includes but is~~] of a state agency or covered entity, including but not limited to, applications, outreach materials, and written notices of rights, denials, losses, or decreases in benefits or services."

SECTION 2. Section 371-34, Hawaii Revised Statutes, is amended to read as follows:

"[[]§371-34[]] Additional obligations. (a) Each state agency and covered entity shall establish a plan for language access.

(b) Each state agency's plan for language access shall be established in consultation with the executive director of the office of language access and the state agency's coordinator for language access. State agencies receiving federal financial assistance shall file an initial language access plan with the executive director of the office of language access no later than July 1, 2007, and every two years thereafter. All other state agencies shall file a language access plan with the executive director of the office of language access no later than July 1, 2008, and every two years thereafter. Each covered entity shall file a language access plan with the executive director of the office of language access no later than July 1, 2009, and every two years thereafter.

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

SECTION 3. Section 371-37, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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) One representative residing in the county of Hawaii;

(11) One representative residing in the county of Kauai;

(12) One representative residing in the county of Maui;

(13) One representative residing in the county of Oahu;

[~~(10)~~] (14) The executive director of the Hawaii civil rights commission or authorized representative[;], as ex-officio member; and

[~~(11)~~] (15) The executive director of the office of language access, as ex-officio member."

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:	_____________________________

THE SENATE	S.B. NO.	2814
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII