BILL ANALYSIS Ó
AB 305
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Date of Hearing: March 22, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 305 (Furutani) - As Amended: March 17, 2011
SUBJECT : Dymally-Alatorre Bilingual Services Act.
SUMMARY : Revises the State Personnel Board's (SPB) reporting
requirement to the Legislature related to the use of a foreign
language in state agencies. Specifically, this bill :
1)Revises the definition of "substantial number of
non-English-speaking people" to mean 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 the lesser of the following:
a) 1,000 or more of the residents of a county in which the
local office of a state agency is located;
b) 5% or more of the residents of a county in which the
local office of a state agency is located; or,
c) 5% or more of the people served by any local office or
facility of a state agency.
2)Requires state agencies, when determining the substantial
number of non-English-speaking people for reporting purposes,
to utilize the most accurate information available or data
compiled by the United States Bureau of the Census or the
California Department of Finance relating to the language
characteristics of the population.
3)Specifies that in the case of a state agency local office
serving multiple counties, the determination shall be based on
the geographic service area of each local office.
4)States that the purpose of SPB's reporting requirement is to
better inform the Legislature about the language needs of
California residents and the available resources of state
agencies to meet those needs.
5)Adds the following requirements to the SPB report:
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a) Identify state agencies that are not complying with the
reporting requirement;
b) List state agencies and their respective field office or
offices that have staffing deficiencies;
c) List state agencies that have deficiencies in translated
materials; and,
d) Present key survey results and implementation plans by
state agencies and field offices.
EXISTING LAW :
1)Requires each state agency to conduct a survey of its local
offices every two years regarding their public contact
positions and the provision of bilingual services, as
specified under the Dymally-Alatorre Bilingual Services Act
(Act).
2)Requires the SPB to compile the results of the survey and
provide it in a report to the Legislature every two years.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "ÝThis
bill] would enhance state agencies' compliance with Ýthe Act] by
strengthening the reporting requirements of the SPB. ÝThis
bill] would require SPB's report to the Legislature to: 1)
identify state agencies that are not complying with the Act; 2)
list state agencies and their respective field offices that have
staffing deficiencies; 3) identify state agencies that have
deficiencies in translating materials; and, 4) include
implementation plans by the state agency and field office."
Background . The Act requires every state agency that is
directly involved in providing public services to employ
bilingual employees or have established bilingual resources when
a substantial portion of its clients are limited-English
proficient (LEP). In 1977, the Legislature added a requirement
mandating that material explaining services in English be
translated into non-English languages spoken by a substantial
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number of the LEP serviced population. "Substantial" was
defined as 5% or more of the service population of any local
office or facility of a state agency. This set the standard for
determining the number of bilingual contacts required to mandate
the establishment of bilingual position. In 2002, the
Legislature amended the Act by requiring state agencies to
document procedures for identifying language needs as well as
plans to address deficiencies and complaints in providing
service to their LEP clients.
In a 1999 audit, the Bureau of State Audits (BSA) found that SPB
could do more to monitor state agencies' compliance with the Act
and found that SPB's report to the Legislature did not
adequately present state agencies' ability to meet the language
needs of their clients. Further, BSA reported that most of the
10 state agencies it reviewed had not adequately monitored their
compliance with the Act and that many of the local agencies
surveyed were not fully addressing their clients' language
needs.
The BSA again audited state and local agencies' compliance with
the Act in 2010, and found that SPB has not effectively
implemented key recommendations from the 1999 audit and was not
meeting most of its responsibilities under the Act.
Specifically, the SPB has not informed all state agencies of
their responsibilities under the Act, and it has not ensured
that state agencies conduct language surveys to assess their
clients' language needs. Additionally, SPB did not obtain
necessary information from state agencies that would allow it to
evaluate their compliance with the Act. Further, BSA maintains
that SPB does not order deficient agencies to take necessary
actions to ensure that they have sufficient qualified bilingual
staff and translated written materials to ensure that LEP
clients are not prevented from using public services.
Support . Asian Americans for Civil Rights & Equality writes in
support, "ÝThis bill] will ensure that California's LEP
residents have equal access to government services. By
requiring SPB to present the above information to the
Legislature, policymakers will be more accurately informed about
the language needs of residents in our state and state agencies'
ability to meet those needs."
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REGISTERED SUPPORT / OPPOSITION :
Support
Asian Americans for Civil Rights & Equality (co-sponsor)
Mexican American Legal Defense and Educational Fund (co-sponsor)
American Civil Liberties Union
California Commission on the Status of Women
California Communities United Institute
California Labor Federation
California Immigrant Policy Center
California Pan Ethnic Health Network
California Rural Legal Assistance Foundation
Coalition for Humane Immigrant Rights of Los Angeles
Coalition of California Welfare Rights Organizations, Inc.
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area
The Legal Aid Society - Employment Law Center
Legal Services of Northern California
Southeast Asia Resource Action Center
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301