HB1972.DOC

SECTION 1. The State of Hawaii, located at the crossroads of the Pacific Ocean, has long played a key role in transportation, education, commerce, tourism, and security of the Asia-Pacific region. Faced with an increasingly dynamic and competitive global society, the State must ensure that its workforce has the skills required to maintain Hawaii's status as a nexus of international enterprise.

Specifically, there is an immediate need for state employees who are proficient in a language in addition to English. These employees are needed to reduce linguistic barriers to promote state initiatives, build partnerships, and pursue the State's interest in non-English speaking contexts, both overseas and in the State. Moreover, state employees proficient in a language in addition to English will increase the level of global awareness within state government, enhance the State's capacity to participate fully in new opportunities for economic growth and entrepreneurial development in the twenty-first century, and enhance the overall competence and professionalism of the State's workforce.

Although there are state employees who have attained functional proficiency in a language other than English through home- or school-based language training, these language skills may be inadequate to meet the demands of the workplace. A means of ensuring that employees have the requisite level of language proficiency for the workplace is necessary.

To attain the level of language proficiency required for state employees to meet the demands of the workplace, formal and professional language training is required. Due to the lack of training, a corresponding lack of qualified candidates exists in the pool of state employees.

Accordingly, the purpose of this Act is to identify state employee positions with functions that need improved language access in accordance with chapter 321C, Hawaii Revised Statutes, and for these positions:

(1) Identify languages other than English for which proficiency is needed;

(2) Develop and implement training courses to enable state employees to attain the requisite levels of proficiency in languages other than English.

(3) Develop and implement examinations to certify such language proficiency; and

(4) Recognize the increased workplace value of state employees who attain proficiency in a language other than English by providing a salary incentive to such employees.

SECTION 2. Chapter 321C, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§321C-A Language proficiency; pay differential. (a) The office of language access shall:

(1) Identify state employee positions with functions that need improved language access in accordance with this chapter; and

(2) For each position identified, identify the languages other than English for which proficiency is needed.

(b) For the languages identified under subsection (a)(2), the office of language access shall develop and administer examinations to certify state employees' proficiency.

(c) A state employee who is in a position identified under subsection (a)(1) and has been certified as proficient in a language in addition to English that has been identified for that position under subsection (a)(2), shall be compensated an additional ten per cent of the employee's base salary.

(d) To continue to receive the salary differential under subsection (c), a state employee shall complete the certification requirements set forth in subsection (c) every five years.

§321C-B Language proficiency programs. The University of Hawaii, with assistance from the office of language access, shall develop and administer courses in languages other than English to enable state employees to attain language proficiency as required for certification under section 321C-A; provided that the language proficiency courses offered shall be free of charge to state employees."

SECTION 3. Section 321C-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Proficient" means certified as having successfully completed a proficiency examination in a language other than English by the office of language access.

"State employee" means an employee or officer of the State of Hawaii."

SECTION 4. Section 321C-6, Hawaii Revised Statutes, is amended to read as follows:

"§321C-6 Office of language access; established. There is established within the department of health, for administrative purposes only, the office of language access. The head of the office shall be known as the executive director of the office of language access. 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 chapter or under any other law, regulation, or guidance;

(2) Provide technical assistance to covered entities in their implementation of this chapter;

(3) Review and monitor each state agency's language access plan for compliance with this chapter;

(4) Where reasonable access is not provided, endeavor to eliminate the language access barrier using informal methods, including 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 state department directors or their equivalent;

(6) Subject to section 321C-3, 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;

(7) Adopt rules pursuant to chapter 91 to address the language needs of limited English proficient persons;

(8) Administer a statewide language access resource center that shall:

(A) Maintain a publicly available roster of language interpreters and translators, listing their qualifications and credentials based upon guidelines established by the office of language access in consultation with the language access advisory council;

(B) Train state and state-funded agencies on how to effectively obtain and utilize the services of language interpreters and translators;

(C) Support the recruitment and retention of language interpreters and translators providing services to state and state-funded agencies;

(D) Provide, coordinate, and publicize training opportunities to increase the number and availability of qualified language interpreters and translators and further develop their language interpretation and translation skills; and

(E) Work toward identifying or creating a process to test and certify language interpreters and translators and promote use of the process to ensure the quality and accuracy of the language interpretation and translation services; [~~and~~]

(9) Have the authority to hire personnel necessary to staff the statewide language access resource center and to administer its multilingual website. The staff, at a minimum, shall consist of one full-time project coordinator, three full-time program specialists, and one full-time clerk. To the extent possible, the executive director shall hire bilingual personnel to staff the statewide language access resource center and to administer its website[.]; and

(10) Promote state employee proficiency in languages other than English for state employee positions to improve language access."

SECTION 5. No later than twenty days prior to the convening of the regular sessions of 2015 and 2016, the office of language access shall submit to the governor and the legislature a written report of its progress in promoting state employee proficiency in languages in addition to English pursuant to this Act. The progress report shall include, among other things, findings and any recommendations, including proposed legislation, if any, pursuant to this Act.

SECTION 6. No later than twenty days prior to the convening of the regular session of 2015, the university of Hawaii shall submit to the governor and the legislature a written report of its plan and any recommendations, including proposed legislation to develop and administer language proficiency courses pursuant to this Act.

SECTION 7. No later than twenty days prior to the convening of the regular session of 2016, the university of Hawaii shall submit to the governor and the legislature a written report of the actions it has taken and any proposed legislation to develop and administer language proficiency courses pursuant to this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2014-2015 to carry out the purposes of this Act.

The sum appropriated shall be expended by the office of language access for the purposes of this Act.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2014-2015 for the purpose of developing and administering language proficiency courses in languages other than English for state employees.

The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect on July 1, 2014.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1972
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII