Bill Text: CA AB2253 | 2013-2014 | Regular Session | Chaptered
Bill Title: Bilingual services: implementation plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 469, Statutes of 2014. [AB2253 Detail]
Download: California-2013-AB2253-Chaptered.html
BILL NUMBER: AB 2253 CHAPTERED
BILL TEXT
CHAPTER 469
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2014
APPROVED BY GOVERNOR SEPTEMBER 19, 2014
PASSED THE SENATE AUGUST 18, 2014
PASSED THE ASSEMBLY MAY 27, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
INTRODUCED BY Assembly Member Ting
FEBRUARY 21, 2014
An act to amend Sections 7295.4, 7296.2, 7296.4, and 7299.4 of,
and to add Section 7299.3 to, the Government Code, relating to
bilingual services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2253, Ting. Bilingual services: implementation plans.
The Dymally-Alatorre Bilingual Services Act requires each state
agency to conduct a survey, related to its bilingual services, of
each of its local offices every 2 years to determine specified
information, and to report results and any additional information
requested to the Department of Human Resources. The act requires each
agency that serves a substantial number of non-English-speaking
people who comprise 5% or more of the people served to develop an
implementation plan, as specified, in every odd-numbered year, and to
submit the implementation plan to the department for its review. The
act authorizes the department, if it determines that a state agency
has not made reasonable progress toward complying with the act, to
issue orders that it deems appropriate to effectuate the purposes of
the act.
This bill would instead require the department, if it determines
that a state agency has not made reasonable progress toward complying
with the act, to issue orders that it deems appropriate to
effectuate the purposes of the act. The bill would require specified
state agencies, by January 1, 2015, to translate and make accessible
on the homepage of their Internet Web sites, forms and processes for
submitting complaints of alleged violations of these provisions, and
to make translated copies of these forms available, as provided. The
bill would also require each state agency to conduct a survey,
related to its bilingual services, of each of its statewide offices
to determine specified information.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7295.4 of the Government Code is amended to
read:
7295.4. Whenever a state agency finds that the factors listed in
both subdivisions (a) and (c) or (b) and (c) exist, it shall
distribute the applicable written materials in the appropriate
non-English language through its statewide and local offices or
facilities to non-English-speaking persons, or, as an alternative,
the state agency may instead elect to furnish translation aids,
translation guides, or provide assistance, through use of a qualified
bilingual person, at its statewide and local offices or facilities
in completing English forms or questionnaires and in understanding
English forms, letters, or notices:
(a) The written materials, whether forms, applications,
questionnaires, letters, or notices solicit or require the furnishing
of information from an individual or provide that individual with
information.
(b) The information solicited, required, or furnished affects or
may affect the individual's rights, duties, or privileges with regard
to that agency's services or benefits.
(c) The statewide or local office or facility of the agency with
which the individual is dealing, serves a substantial number of
non-English-speaking persons.
SEC. 2. Section 7296.2 of the Government Code is amended to read:
7296.2. As used in Sections 7292, 7295.2, 7295.4, 7299.3, and
7299.4, a "substantial number of non-English-speaking people" are
members of a group who either do not speak English, or who are unable
to effectively communicate in English because it is not their native
language, and who comprise 5 percent or more of the people served by
the statewide or any local office or facility of a state agency.
SEC. 3. Section 7296.4 of the Government Code is amended to read:
7296.4. As used in Section 7292, "a sufficient number of
qualified bilingual persons in public contact positions" is the
number required to provide the same level of services to
non-English-speaking persons as is available to English-speaking
persons seeking these services. However, where the statewide or local
office or facility of the state employs the equivalent of 25 or
fewer regular, full-time employees, it shall constitute compliance
with the requirements of this chapter if a sufficient number of
qualified bilingual persons are employed in public contact positions,
or as qualified interpreters to assist those in those positions, to
provide the same level of services to non-English-speaking persons as
is available to English-speaking persons seeking the services from
the office or facility.
SEC. 4. Section 7299.3 is added to the Government Code, to read:
7299.3. Notwithstanding any other provision of this chapter, by
July 1, 2015, a state agency subject to the requirements of this
chapter shall translate and make accessible on the homepage of its
Internet Web site, forms and processes for submitting complaints of
alleged violations of this chapter, as referenced in paragraph (15)
of subdivision (b) of Section 7299.4. The forms and processes shall
be translated into all languages spoken by a substantial number of
non-English-speaking people served by the state agency. Translated
copies of the forms shall be printed and made available in the
statewide office and any local office or facility of the state
agency.
SEC. 5. Section 7299.4 of the Government Code is amended to read:
7299.4. (a) Notwithstanding any other provision in this chapter,
each state agency shall conduct a language survey and develop and
update an implementation plan that complies with the requirements of
this chapter.
(b) Each agency shall conduct a language survey of each of its
statewide and local offices every two years to determine and provide
all of the following:
(1) The name, position, and contact information of the employee
designated by the agency responsible for complying with this chapter.
(2) The number of public contact positions in each statewide and
local office.
(3) The number of qualified bilingual employees in public contact
positions in each statewide and local office, and the languages they
speak, other than English.
(4) The number and percentage of non-English-speaking people
served by each statewide and local office, broken down by native
language.
(5) The number of anticipated vacancies in public contact
positions.
(6) Whether the use of other available options, including
contracted telephone-based interpretation services, in addition to
qualified bilingual persons in public contact positions, is serving
the language needs of the people served by the agency.
(7) A list of all written materials that are required to be
translated or otherwise made accessible to non- or
limited-English-speaking individuals by Sections 7295.2 and 7295.4.
(8) A list of materials identified in paragraph (7) that have been
translated and languages into which they have been translated.
(9) The number of additional qualified bilingual public contact
staff, if any, needed at each statewide and local office to comply
with this chapter.
(10) A detailed description of the agency's procedures for
identifying written materials that are required to be translated.
(11) Each agency shall calculate the percentage of
non-English-speaking people served by each statewide and local office
by rounding the percentage arrived at to the nearest whole
percentage point.
(12) A detailed description of the agency's procedures for
identifying language needs at statewide and local offices and
assigning qualified bilingual staff to those offices.
(13) A detailed description of how the agency recruits qualified
bilingual staff in statewide and local offices.
(14) A detailed description of any training the agency provides to
its staff on the provision of services to non- or
limited-English-speaking individuals, frequency of training, and date
of most recent training.
(15) A detailed description of complaints regarding language
access received by the agency and the agency's procedures for
accepting and resolving complaints of an alleged violation due to
failure to make available translated documents or provide interpreter
service through bilingual staff or contract services.
(16) A detailed description of how the agency complies with any
federal or other state laws that require the provision of
linguistically accessible services to the public.
(17) Any other relevant information requested by the Department of
Human Resources.
(c) The language survey results and any additional information
requested shall be reported in the form and at the time required by
the Department of Human Resources, and delivered to the department
not later than October 1 of every even-numbered year.
(d) Every odd-numbered year, each agency that served a substantial
number of non-English-speaking people shall develop an
implementation plan that provides a detailed description of how the
agency plans to address any deficiencies in meeting the requirements
of this chapter, including, but not limited to, the failure to
translate written materials or employ sufficient numbers of qualified
bilingual employees in public contact positions at statewide and
local offices, the proposed actions to be taken to address the
deficiencies, and the proposed dates by when the deficiencies will be
remedied.
(e) In developing its implementation plan, each state agency may
rely upon data gathered from its most recent language survey.
(f) Each state agency shall submit its implementation plan to the
Department of Human Resources no later than October 1 of each
applicable year. The Department of Human Resources shall review each
implementation plan, and, if it determines that the implementation
plan fails to address the identified deficiencies, shall order the
agency to supplement or make changes to its plan. A state agency that
has been determined to be deficient shall report to the Department
of Human Resources every six months on its progress in addressing the
identified deficiencies.
(g) If the Department of Human Resources determines that a state
agency has not made reasonable progress toward complying with this
chapter, the department shall issue orders that it deems appropriate
to effectuate the purposes of this chapter.
