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Sen. Karina Villa
Filed: 5/24/2023
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1 | | AMENDMENT TO HOUSE BILL 3222
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2 | | AMENDMENT NO. ______. Amend House Bill 3222 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 1. Short title. This Act may be cited as the |
5 | | Language Equity and Access Act. |
6 | | Section 5. Legislative purpose.
The purpose of this Act is |
7 | | to ensure that all residents of the State have equal access to |
8 | | State services and, in particular, to remove language as a |
9 | | barrier for persons who have limited English proficiency and |
10 | | who may, therefore, be excluded from equitable access to State |
11 | | information, programs, services, and activities. It is the |
12 | | intent of the General Assembly
that the State adopt a language |
13 | | equity and access policy that incorporates federal guidance |
14 | | for ensuring meaningful access for persons with limited |
15 | | English proficiency as provided by Title VI of the Civil |
16 | | Rights Act of 1964, U.S. Presidential Executive Order No. |
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1 | | 13166 (Improving Access to Services for Persons with Limited |
2 | | English Proficiency), U.S. Presidential Executive Order 13985 |
3 | | (Strengthen Racial Equity and Support for Underserved |
4 | | Communities Through the Federal Government), U.S. Presidential |
5 | | Executive Order 14091 (Further Advancing Racial Equity and |
6 | | Support for Underserved Communities Through the Federal |
7 | | Government), other non-discrimination provisions in federal |
8 | | statute, and any succeeding provisions of federal or state |
9 | | law, regulation, or guidance. |
10 | | Section 10. Definitions. |
11 | | In this Act: |
12 | | "Covered entity" means any office, commission, board, |
13 | | authority, or other body that is directly responsible to an |
14 | | executive branch constitutional officer other than the |
15 | | Governor. |
16 | | "Division of Language Equity and Access" or "DLEA" means |
17 | | the Division of Language Equity and Access within the |
18 | | Governor's Office of New Americans. |
19 | | "Interpretation services" means listening to a |
20 | | communication in one language and orally converting it to |
21 | | another language in a manner that preserves the intent and |
22 | | meaning of the original message. |
23 | | "Limited English Proficient Person" means a person, or the |
24 | | family member, caregiver, or decision maker of a person, who |
25 | | does not speak English as their primary language and who may |
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1 | | have a limited ability to read, write, speak, or understand |
2 | | English. |
3 | | "Meaningful access" means the provision of services in a |
4 | | manner that is equally accessible, without delay, denial or |
5 | | difference, and is meaningful to all individuals seeking |
6 | | services, regardless of their ability to speak or understand |
7 | | English. |
8 | | "State agency" means executive agencies, departments, |
9 | | boards, commissions, and authorities directly responsible to |
10 | | the Governor. |
11 | | "Translation services" means the conversion of text from |
12 | | one language to another in a written form to convey the intent |
13 | | and essential meaning of the original text. |
14 | | "Vital documents" means documents that affect a person's |
15 | | access to, retention of, termination of, or exclusion from |
16 | | program services or benefits. |
17 | | Section 15. Statewide Language Equity and Access. |
18 | | This Act is created to ensure meaningful access to |
19 | | State programs and resources for Limited English Proficient |
20 | | Persons. This Act requires the Division of Language Equity and |
21 | | Access to, at a minimum: |
22 | | (1) compile, based on available U.S. Census data, a |
23 | | Language Needs Assessment Report that identifies the |
24 | | languages spoken throughout the State as described in |
25 | | Section 25 of this Act; |
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1 | | (2) prepare a language access plan as detailed in |
2 | | Section 30 of this Act; |
3 | | (3) develop a rating and compliance framework to |
4 | | assess progress by State agencies and covered entities, |
5 | | including key performance indicators; |
6 | | (4) prepare a compliance and progress report to be |
7 | | submitted on an annual basis to the Governor and the |
8 | | General Assembly by January 1 of every year; |
9 | | (5) establish requirements for the availability of |
10 | | interpretation and translation services; |
11 | | (6) set standards for adequate staffing of bilingual |
12 | | employees at State agencies and other covered entities, |
13 | | including a methodology for monitoring implementation and |
14 | | updating the State Services Assurance Act and the |
15 | | Bilingual Employment Plan, based on current Language Needs |
16 | | Use Assessment Report conducted under Section 30 of this |
17 | | Act; |
18 | | (7) incorporate language equity compliance provisions |
19 | | in State contracts with vendors, grantees and purchase of |
20 | | care entities; |
21 | | (8) ensure that whenever an emergency, weather, health |
22 | | or other crisis situation has been declared, the State's |
23 | | Limited English Person population is adequately notified |
24 | | of the emergency, information and any actions required, |
25 | | and has equitable access to emergency resources; and |
26 | | (9) create the Division of Language Equity and Access |
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1 | | within the Governor's Office of New Americans to monitor |
2 | | and provide expertise to ensure the implementation of this |
3 | | Act. |
4 | | Section 20. Division of Language Equity and Access. |
5 | | The Division of Language Equity and Access is hereby |
6 | | created within the Governor's Office of New Americans to lead |
7 | | statewide efforts in the implementation of the State's |
8 | | language equity and access policy for Limited English |
9 | | Proficient persons and to ensure meaningful access to |
10 | | information, services, programs, and activities offered by |
11 | | State agencies and other covered entities, including |
12 | | departments, offices, commissions, boards, or other agencies, |
13 | | for Limited English Proficient persons. DLEA shall have a |
14 | | full-time Director who is bilingual and has experience in |
15 | | serving immigrant populations. The role of DLEA is to advance |
16 | | and monitor implementation of and compliance with this Act by: |
17 | | (1) providing oversight, central coordination, and |
18 | | technical assistance to State agencies and covered |
19 | | entities in the implementation of language access |
20 | | requirements under this Act or under any other law, |
21 | | regulation, or guidance related to language access; |
22 | | (2) reviewing and monitoring each State agency's |
23 | | language access plan for compliance with this Act; |
24 | | (3) consulting with language access coordinators and |
25 | | State agency directors or their equivalent; |
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1 | | (4) creating, distributing, and making available to |
2 | | State agencies multilingual signage in the more frequently |
3 | | encountered languages in the State, and other languages as |
4 | | needed, informing individuals of the individual's right to |
5 | | free interpretation services and how to request language |
6 | | services; |
7 | | (5) creating the complaint and investigation process |
8 | | for Limited English Proficient persons to report Language |
9 | | Equity and Access violations; |
10 | | (6) developing recommendations for a statewide policy |
11 | | and draft a corresponding plan for the utilization of |
12 | | interpreters and translators, including standards for |
13 | | certification and qualifications; |
14 | | (7) developing multilingual websites with information |
15 | | about DLEA and information about relevant policies, |
16 | | standards, plans, and complaint processes; |
17 | | (8) preparing an annual compliance report to be |
18 | | submitted to the Governor and the General Assembly; and |
19 | | (9) addressing other issues as necessary to ensure |
20 | | equity and meaningful participation for persons with |
21 | | limited English proficiency. |
22 | | The DLEA shall adopt administrative rules as necessary to |
23 | | implement and administer this Act. |
24 | | Section 25. Statewide Language Use Needs Assessment. |
25 | | The DLEA shall work with State agencies and covered |
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1 | | entities and shall use other available State resources, such |
2 | | as the Office of New Americans, the Office of Equity, and the |
3 | | Department of Human Services Bureau of Refugee and Immigrant |
4 | | Services, to ensure the State compiles available U.S. Census |
5 | | data on languages used across the State, including the |
6 | | identification of geographic patterns and trend data. The |
7 | | report shall be compiled at least every 10 years in |
8 | | conjunction with the decennial federal Census but may be |
9 | | updated periodically using other Census data reports. |
10 | | The Language Use and Needs Assessment report will be made |
11 | | available to State agencies and covered entities for the |
12 | | development of their Language Access Plans and overall |
13 | | improvement in service provision to Limited English |
14 | | Proficient. |
15 | | Section 30. Language Access Plans. |
16 | | (a) Each State agency and all covered entities shall take |
17 | | reasonable steps to ensure meaningful access to services, |
18 | | programs, and activities by Limited English Proficient |
19 | | Persons. Therefore, each State agency and covered entity shall |
20 | | prepare a language access plan, which will describe the |
21 | | population of Limited English Proficient Persons it serves, |
22 | | the policy and programmatic actions it will implement, and the |
23 | | metrics it will use to measure compliance with this Act. |
24 | | (b) Each State agency and covered entity shall designate a |
25 | | Language Access Coordinator who is responsible for the |
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1 | | language access plan and plan activities. |
2 | | (c) The adequacy of State agencies and covered entities' |
3 | | plans are determined by the totality of the circumstances, |
4 | | including the following 4 factors listed by federal guidance. |
5 | | Therefore, each language access plan must begin with a |
6 | | language needs assessment that includes the following |
7 | | information: |
8 | | (1) the number or proportion of Limited English |
9 | | Proficient Persons who are served or encountered in the |
10 | | eligible service population of the State agency or covered |
11 | | entity; |
12 | | (2) the frequency with which Limited English |
13 | | Proficient Persons come in contact with the services, |
14 | | programs, or activities provided by the State agency or |
15 | | covered entity; |
16 | | (3) the nature and importance of the services, |
17 | | programs, or activities provided by the State agency or |
18 | | covered entity; and |
19 | | (4) the resources available to the State or covered |
20 | | entity and the costs. |
21 | | (d) Furthermore, each State agency and covered entity |
22 | | shall describe in its plans how it will provide all of the |
23 | | following: |
24 | | (1) competent, timely translation services to Limited |
25 | | English Proficient Persons who are seeking access to |
26 | | information, services, programs, or activities provided by |
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1 | | the State agency or covered entity; and |
2 | | (2) vital document translation services for Limited |
3 | | English Proficient Persons who are seeking access to |
4 | | information, services, programs, or activities provided by |
5 | | the State agency or covered entity, as follows: |
6 | | (A) if there are more than 1,000 Limited English |
7 | | Proficient Persons in the population of persons served |
8 | | by the State agency or covered entity or if Limited |
9 | | English Proficient Persons comprise more than 5% of |
10 | | the population of persons served by the State agency |
11 | | or covered entity; or |
12 | | (B) if there are fewer then 50 persons served by |
13 | | the State agency or covered entity that reach the 5% |
14 | | threshold in subsection (a), the State agency or |
15 | | covered entity shall provide written notice in the |
16 | | primary language to the Limited English Proficient |
17 | | persons of the right to receive competent oral |
18 | | interpretation of those written materials free of |
19 | | cost. |
20 | | (e) The DLEA shall develop a template and mechanism for |
21 | | collecting, storing, and analyzing language access plans. |
22 | | (f) Following the first submitted plan, language access |
23 | | plans shall include an assessment of performance metrics for |
24 | | the previous year. |
25 | | (g) Following completion of the assessment, the DLEA shall |
26 | | provide guidance and feedback to each State agency and covered |
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1 | | entity, including any corrective action recommendations to |
2 | | ensure compliance with the language access plans. |
3 | | (h) Language access plans and evaluations shall be made |
4 | | publicly accessible. |
5 | | (i) The DLEA shall develop a rating framework for |
6 | | evaluation of language access plans and implementation. |
7 | | Section 35. Compliance and Accountability. |
8 | | (a) By January 1, 2025, and every January 1 thereafter, |
9 | | the DLEA shall submit a Language Equity and Access Compliance |
10 | | Report to the General Assembly. The Compliance Report shall be |
11 | | based on information collected during the preceding fiscal |
12 | | year and shall, at minimum, include: |
13 | | (1) key performance metrics for the previous year; |
14 | | (2) the following information for each State agency |
15 | | and covered entity: |
16 | | (A) the language access plan, including language |
17 | | access services offered; |
18 | | (B) the number and percentage of people who are |
19 | | Limited English Proficient Persons who use the |
20 | | services of the State agency or covered entity, listed |
21 | | by language other than English; |
22 | | (C) a roster of bilingual employees, their titles, |
23 | | office locations, the languages other than English |
24 | | that the persons speak, and whether or not the |
25 | | employees are certified as bilingual in that language; |
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1 | | (D) the name and contact information of the |
2 | | language access coordinator for each State agency and |
3 | | covered entity; |
4 | | (E) a description of any use of telephone-based |
5 | | interpretation services, including the number of times |
6 | | telephone-based interpretation services were used, the |
7 | | languages for which they were used, and the number of |
8 | | times bilingual employees provided in-person |
9 | | interpretation services; |
10 | | (F) a description of the: |
11 | | (i) telephone requests for translation or |
12 | | interpretation services; |
13 | | (ii) in-person requests for translation or |
14 | | interpretation services; and |
15 | | (iii) electronic requests for translation or |
16 | | interpretations services; |
17 | | (G) public notices of the availability of |
18 | | translation or interpretation services upon request; |
19 | | (H) an ongoing employee development and training |
20 | | strategy to maintain well-trained bilingual employees |
21 | | and general staff; |
22 | | (I) a list and description of all written |
23 | | translated materials provided, including the total |
24 | | number, languages, and services requested; and |
25 | | (J) a list and description of all complaints |
26 | | received, including information on the number of |
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1 | | complaints, the method received, the breakdown of |
2 | | affected languages, the written response to each |
3 | | complaint, and the time frame within which each |
4 | | complaint was handled. |
5 | | (b) State agencies shall respond to language access |
6 | | complaints, in writing, within 30 days after their receipt. |
7 | | All complaints and responses shall be recorded in each |
8 | | agency's respective annual report. |
9 | | (c) The DLEA may investigate potential violations of this |
10 | | Act if not resolved by the State agency or covered entity. The |
11 | | DLEA may attempt to resolve noncompliance with this Act by any |
12 | | State agency or covered party through informal processes, |
13 | | including mediation and conference and conciliation. |
14 | | (d) If, after an investigation and attempt to resolve an |
15 | | incidence of Department noncompliance, the DLEA is unable to |
16 | | resolve the matter, the DLEA may transmit a written finding of |
17 | | noncompliance, specifying the nature of the noncompliance and |
18 | | the recommended corrective measures, to the Governor, and it |
19 | | may transmit the same information in the annual compliance |
20 | | report to the General Assembly. |
21 | | Section 40. Administrative support. The Governor's |
22 | | Office shall provide administrative and other support to the |
23 | | Division of Language Equity and Access.
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24 | | Section 99. Effective date. This Act takes effect on July |