STAND. COM. REP. NO.  234-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2575

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Labor & Public Employment, to which was referred H.B. No. 2575 entitled:

"A BILL FOR AN ACT RELATING TO LANGUAGE ACCESS,"

begs leave to report as follows:

     The purpose of this bill is to continue to enhance access to government services for persons with limited English-language proficiency by:

     (1)  Clarifying several definitions within Hawaii's language        access law;

     (2)  Adding the definitions of "purchase-of-service contract"      and "written language services" to Hawaii's language               access law;

     (3)  Requiring certain entities to:

          (A)  File a language access plan with the Office of                 Language Access (OLA); and

          (B)  Designate a language access coordinator;

          and

     (4)  Expanding the Language Access Advisory Council (LAAC)              from 11 members to 15 members.

     The Congress of Visayan Organizations and Judiciary testified in support of this bill.  OLA supported the intent of this measure.  The Hawaii Civil Rights Commission (HCRC) and Na Loio-Immigrant Rights and Public Interest Legal Center (Na Loio) supported parts of the measure but opposed and had serious concerns regarding other parts of the measure.

     Persons who do not speak English as a primary language compose a significant portion of Hawaii's population.  However, many individuals with limited English proficiency sometimes have difficulty obtaining services from state agencies because of their limited ability with the English language.  As a result of this need, the Legislature passed legislation that was enacted as Act 290, Session Laws of Hawaii 2006, which began to address the language access needs of limited English proficient persons.

     However, your Committee understands the concerns raised by HCRC and Na Loio regarding the jurisdiction of OLA over non-profit organizations and the unintended, negative impact the requirement for non-profit organizations to submit language access plans and designate language access coordinators may have on the non-profit organization.

     Your Committee finds that we must strive to continue to ensure that all residents of Hawaii, including non-English speakers and limited-English speakers, enjoy full access to and participation in the life of our community and that the establishment of a language access bank would go a long way toward achieving this goal.

     Accordingly, your Committee has amended this measure by:

     (1)  Clarifying that a "purchase-of-service contract"                   includes formal written agreements between the State and      any person and not just another legal entity;

     (2)  Removing the Office of Hawaiian Affairs as a branch           of the state government under the definition of "State"          or "State agency";

     (3)  Deleting language that required covered entities to file      a language access plan with OLA and designate a language        access coordinator;

     (4)  Specifying that the four additional LAAC members have an interest in language access;

     (5)  Clarifying that one of the ex-officio LAAC members is the Executive Director of OLA;

     (6)  Inserting an appropriation of $189,500 for the                 establishment of a language access bank within the             Department of Labor and Industrial Relations to ensure         meaningful access by limited English proficient persons       to state-funded services; and

     (7)  Making technical, nonsubstantive amendments for clarity,      consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2575, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2575, H.D. 1, and be referred to the Committee on Human Services & Housing.

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

____________________________

ALEX M. SONSON, Chair