BILL ANALYSIS Ó
AB 305
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Date of Hearing: April 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 305 (Furutani) - As Amended: March 17, 2011
Policy Committee: Business and
Professions Vote: 9 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill revises the State Personnel Board's (SPB) reporting
requirements to the Legislature pertaining to the use of foreign
languages at state agencies. Specifically, this bill:
1)Changes the definition of "substantial number of
non-English-speaking people."
2)Requires the use of United States Census Data or Department of
Finance (DOF) population data in determining the number of
non-English speaking people in an area.
3)Requires SPB to include the following in its report to the
Legislature:
a) State agencies not incompliance.
b) State agencies and their respective field offices that
have staffing deficiencies.
c) Agencies that have deficiencies in translated materials.
d) Significant problems or deficiencies and recommended
solutions.
FISCAL EFFECT
SPB's current computer system is unable to aggregate the data in
a way that would allow them to report field office deficiencies.
A new system would likely cost in excess of $300,000 General
Fund.
COMMENTS
AB 305
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1)Purpose . The intent of this legislation is to increase the
reporting requirements in the Dymally-Alatorre Bilingual
Services Act. According to the sponsors, Asian Americans for
Civil Rights & Equality and the Mexican American Legal Defense
and Educational Fund, this bill will allow policymakers to be
more accurately informed about the language needs of residents
in our state and state agencies' ability to meet those needs.
Under current law, SPB is required to present the results of
the biennial survey to the Legislature. However, they are not
required to report the details of their findings or
information on which departments are out of compliance with
the Act.
2)Background . Enacted in 1973, the Dymally-Alatorre Bilingual
Services Act declares "the effective maintenance and
development of a free and democratic society depends on the
right and ability of its citizens and residents to
communicate with their government and the right and ability of
the government to communicate with them." The Act requires
bilingual staffing and services at each state agency office
when five percent or more of its clients speak a language
other than English.
In a 1999 report, the State Auditor found that only two of 10
surveyed state departments were even aware of the Act's
requirements, and only one of these was attempting to
translate documents as required by the law. Subsequently, the
SPB concluded that none of the 20 state departments it
investigated were in compliance with the Act.
3)Prior Legislation . In 2002, SB 987 (Escutia) would have
expanded SPB's authority to ensure compliance with
Dymally-Alatorre and would have expanded reporting
requirements. That bill was vetoed. In his veto message,
Governor Davis directed departments to begin implementing the
changes contained in the bill but did not sign the bill
because of department's inability to absorb the costs
associated with the changes.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081
AB 305
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