BILL ANALYSIS Ó Bill No: AB 2253 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Lou Correa, Chair 2013-2014 Regular Session Staff Analysis AB 2253 Author: Ting As Amended: April 10, 2014 Hearing Date: June 24, 2014 Consultant: Art Terzakis SUBJECT Bilingual Services: implementation plans DESCRIPTION AB 2253 makes the following substantive and clarifying changes to the Dymally-Alatorre Bilingual Services Act: 1)Stipulates that, by July 1, 2015, a state agency subject to the Act must translate and make accessible on the homepage of its Internet Web site, forms and processes for submitting complaints of alleged violations of the Act. Also, requires that the forms and processes be translated into all languages spoken by a substantial number of non-English speaking people served by the state agency. In addition, requires that translated copies of the forms must be printed and made available in the statewide office and any local office of the state agency. 2)Requires, rather than authorizes, the California Department of Human Resources (CalHR) to issue orders that it deems appropriate to effectuate the purposes of the Act if a state agency has not made reasonable progress toward reaching compliance. 3)Clarifies that provisions of the Act also apply to an agency's "statewide" offices (current law only specifies local offices) which render services to the public. AB 2253 (Ting) continued Page 2 4)Requires that an agency's biennial language survey also contain a detailed description of "complaints regarding language access received by the agency." EXISTING LAW Existing law, the Dymally-Alatorre Bilingual Services Act (Government Code Section 7290 et seq.), requires each state agency to conduct a survey, related to its bilingual services, of each of its local offices every two years to determine specified information, and to report results and any additional information requested to CalHR. The Act also 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. Additionally, the Act authorizes CalHR, 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. BACKGROUND The Dymally-Alatorre Bilingual Services Act ensures that all residents, including those who are limited-English-proficient (LEP), have equal access to public services. The Act requires every state and local agency to have a sufficient number of qualified bilingual staff and translated written materials so that the LEP population they serve are able to effectively access and communicate with government. Purpose of AB 2253: The author's office notes that as California grows increasingly diverse, the language access rights guaranteed by the Dymally-Alatorre Bilingual Services Act are more critical than ever. The author's office references audits conducted by the California State Auditor in 1999 and 2010 that revealed state agencies are not fulfilling their responsibilities under the Act. Specifically, the Auditor's report found that only 43 language access complaints were filed over a period of four years. These numbers suggest that language barriers in state government are so pervasive that LEP individuals cannot even articulate to state agencies that a problem exists. Additionally, the author's office cites the most AB 2253 (Ting) continued Page 3 recent CalHR report which found that 77% of surveyed agencies serve a "substantial number of non-English-speaking people," and of those agencies, 80% reported having a bilingual staffing deficiency. The author's office states that although the Act implies that state agencies should have a procedure to address language barrier complaints, it does not set minimum standards to ensure that the complaints process is effective and actually accessible to the LEP populations it is intended to serve. The author's office claims that the complaints process utilized by most state agencies relies on translated posters developed by CalHR that inform LEP individuals of their right to request services in their native language by calling a toll-free telephone number. However, this particular complaints process is only accessible to LEP individuals who "walk into" a state agency office and not those individuals who are increasingly interacting with government agencies via the Internet. Additionally, this process requires LEP individuals to register their complaint with a different entity than the one from which they are currently trying to seek services, creating an inefficient two-step bureaucratic process. The author's office points out that AB 2253 would require state agencies to make translated forms available to LEP individuals so they can report any language barriers experienced while accessing state services, both in-person and online, creating a clear process for remedying such complaints. The author's office emphasizes that AB 2253 would help state agencies better identify and resolve language barriers in state government that prevent LEP individuals from gaining equal access to public services. Arguments in Support: Proponents note that California is a state of great language diversity with over 15 million speaking a language other than English at home. According to the U.S. Census Bureau, over 10 million Californians speak Spanish - a little under half of those speak English less than very well or are LEP. Over 1 million people in California speak Chinese at home, with over half of those speaking English less than very well. Tagalog is spoken by about 800,000 Californians - one-third of those individuals are LEP. Over a half million people in California speak Vietnamese at home - over half of those are LEP. In AB 2253 (Ting) continued Page 4 certain areas of California (e.g., the San Jose-Sunnyvale-Santa Clara region), Spanish speakers are outnumbered by those who speak Asian and Pacific Island languages. Proponents also estimate that up to 80% of nail salon licensees are Vietnamese. Proponents believe that AB 2253 represents a small but important step in improving language access for hundreds of thousands of Californians who contribute to California's economy and over all well-being. SUPPORT: As of June 20, 2014: California Healthy Nail Salon (sponsor) American Civil Liberties Union of California Asian Americans Advancing Justice - Asian Law Caucus Asian Americans Advancing Justice - Los Angeles Asian and Pacific Islander American Health Forum Asian Health Services Breast Cancer Action California Labor Federation California Pan-Ethnic Health Network Chinese for Affirmative Action Clean Water Action Marin Asian Advocacy Project Worksafe And, several private individuals OPPOSE: None on file as of June 20, 2014. FISCAL COMMITTEE: Senate Appropriations Committee **********