Report Title:

Commission on Language Access

Description:

Establishes a commission on language access within the office of community services, DLIR, to facilitate the provision of language assistance services by state agencies to persons with limited English proficiency. Appropriates funds. (SD1)

THE SENATE

S.B. NO.

950

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LANGUAGE ACCESS.

 

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

SECTION 1. Title VI of the Civil Rights Act of 1964, prohibits discrimination on the basis of race, color, or national origin by any entity that receives federal financial assistance. Under Title VI, states and other entities that receive federal financial assistance are required to provide meaningful access to services, programs, and activities for persons with limited English proficiency (LEP). Meaningful access includes, at a minimum, timely access to trained and competent interpreters, translation of application forms, notices, and letters in a language understood by the LEP person, and notice of the right to free language assistance provided in a language understood by the recipient.

Many state programs receive federal financial assistance. To assure that LEP persons have full access to these programs and to assure compliance with the law, there is a need to establish a comprehensive statewide plan to improve access to services, programs, and activities by eligible LEP persons. The need for a statewide plan is underscored by the fact that LEP persons are often excluded from state services, experience delays or denials of service, or receive care and services based on inaccurate or incomplete information. Frequently, LEP persons are required to call upon neighbors, strangers, or even their minor children to interpret or translate for them as they access and receive services from departments.

The purpose of this Act is to establish a commission on language access to develop a statewide plan to enhance access to services for LEP persons.

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

"§371K- Commission on language access. (a) There is established the Hawaii state commission on language access within the department of labor and industrial relations, office of community services for administrative purposes. The commission shall consist of:

(1) Three representatives of state or county departments;

(2) Two bilingual members who are either interpreters or bilingual case management caseworkers, or who are or have been employed by a state-funded immigrant service agency or program;

(3) One representative from an advocacy organization which provides services for persons with limited English proficiency;

(4) A member of the public who has an interest in provision of services to persons with limited English proficiency;

(5) A representative of a unit within the University of Hawaii providing professional training in interpretation and translation;

(6) A representative of a Hawaiian language immersion advocacy organization;

(7) A representative of a professional association of interpreters and translators;

(8) A representative of a bilingual referral service;

(9) The director of the Hawaii civil rights commission or a designated representative; and

(10) The lieutenant governor or a designated representative.

(b) Members shall be appointed by the governor without regard to section 26-34. Members shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(c) The general duties of the commission shall include:

(1) The development of a statewide plan to enhance access to services for persons with limited English proficiency, that includes a review and consideration of existing state agency policies and plans for language access;

(2) Monitoring implementation of the plan by state agencies; and

(3) Monitoring compliance by state agencies with the plan's language access requirements.

(d) The commission shall submit an annual report to the legislature on the statewide plan, its implementation, and its administration, no later than twenty days before the convening of each regular session.

(e) The commission may hire part-time staff, without regard to chapters 76 and 89, as may be necessary to carry out its duties."

SECTION 3. 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 2003-2004, and the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, to provide the department of labor and industrial relations, office of community services with funding for a part-time administrator and part-time office support personnel, to be hired without regard to chapters 76 and 89, Hawaii Revised Statutes, and for neighbor island airfare and other such expenditures necessary to support the activities of the advisory commission on language access.

The sums appropriated shall be expended by the department of labor and industrial relations, office of community services, for the purposes of this Act.

SECTION 4. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2003.