BILL ANALYSIS �
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
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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
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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
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