Full Text of HB3222 103rd General Assembly
HB3222sam001 103RD GENERAL ASSEMBLY | Sen. Karina Villa Filed: 5/24/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3222
| 2 | | AMENDMENT NO. ______. Amend House Bill 3222 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Language Equity and Access Act. | 6 | | Section 5. Legislative purpose.
The purpose of this Act is | 7 | | to ensure that all residents of the State have equal access to | 8 | | State services and, in particular, to remove language as a | 9 | | barrier for persons who have limited English proficiency and | 10 | | who may, therefore, be excluded from equitable access to State | 11 | | information, programs, services, and activities. It is the | 12 | | intent of the General Assembly
that the State adopt a language | 13 | | equity and access policy that incorporates federal guidance | 14 | | for ensuring meaningful access for persons with limited | 15 | | English proficiency as provided by Title VI of the Civil | 16 | | Rights Act of 1964, U.S. Presidential Executive Order No. |
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| 1 | | 13166 (Improving Access to Services for Persons with Limited | 2 | | English Proficiency), U.S. Presidential Executive Order 13985 | 3 | | (Strengthen Racial Equity and Support for Underserved | 4 | | Communities Through the Federal Government), U.S. Presidential | 5 | | Executive Order 14091 (Further Advancing Racial Equity and | 6 | | Support for Underserved Communities Through the Federal | 7 | | Government), other non-discrimination provisions in federal | 8 | | statute, and any succeeding provisions of federal or state | 9 | | law, regulation, or guidance. | 10 | | Section 10. Definitions. | 11 | | In this Act: | 12 | | "Covered entity" means any office, commission, board, | 13 | | authority, or other body that is directly responsible to an | 14 | | executive branch constitutional officer other than the | 15 | | Governor. | 16 | | "Division of Language Equity and Access" or "DLEA" means | 17 | | the Division of Language Equity and Access within the | 18 | | Governor's Office of New Americans. | 19 | | "Interpretation services" means listening to a | 20 | | communication in one language and orally converting it to | 21 | | another language in a manner that preserves the intent and | 22 | | meaning of the original message. | 23 | | "Limited English Proficient Person" means a person, or the | 24 | | family member, caregiver, or decision maker of a person, who | 25 | | does not speak English as their primary language and who may |
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| 1 | | have a limited ability to read, write, speak, or understand | 2 | | English. | 3 | | "Meaningful access" means the provision of services in a | 4 | | manner that is equally accessible, without delay, denial or | 5 | | difference, and is meaningful to all individuals seeking | 6 | | services, regardless of their ability to speak or understand | 7 | | English. | 8 | | "State agency" means executive agencies, departments, | 9 | | boards, commissions, and authorities directly responsible to | 10 | | the Governor. | 11 | | "Translation services" means the conversion of text from | 12 | | one language to another in a written form to convey the intent | 13 | | and essential meaning of the original text. | 14 | | "Vital documents" means documents that affect a person's | 15 | | access to, retention of, termination of, or exclusion from | 16 | | program services or benefits. | 17 | | Section 15. Statewide Language Equity and Access. | 18 | | This Act is created to ensure meaningful access to | 19 | | State programs and resources for Limited English Proficient | 20 | | Persons. This Act requires the Division of Language Equity and | 21 | | Access to, at a minimum: | 22 | | (1) compile, based on available U.S. Census data, a | 23 | | Language Needs Assessment Report that identifies the | 24 | | languages spoken throughout the State as described in | 25 | | Section 25 of this Act; |
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| 1 | | (2) prepare a language access plan as detailed in | 2 | | Section 30 of this Act; | 3 | | (3) develop a rating and compliance framework to | 4 | | assess progress by State agencies and covered entities, | 5 | | including key performance indicators; | 6 | | (4) prepare a compliance and progress report to be | 7 | | submitted on an annual basis to the Governor and the | 8 | | General Assembly by January 1 of every year; | 9 | | (5) establish requirements for the availability of | 10 | | interpretation and translation services; | 11 | | (6) set standards for adequate staffing of bilingual | 12 | | employees at State agencies and other covered entities, | 13 | | including a methodology for monitoring implementation and | 14 | | updating the State Services Assurance Act and the | 15 | | Bilingual Employment Plan, based on current Language Needs | 16 | | Use Assessment Report conducted under Section 30 of this | 17 | | Act; | 18 | | (7) incorporate language equity compliance provisions | 19 | | in State contracts with vendors, grantees and purchase of | 20 | | care entities; | 21 | | (8) ensure that whenever an emergency, weather, health | 22 | | or other crisis situation has been declared, the State's | 23 | | Limited English Person population is adequately notified | 24 | | of the emergency, information and any actions required, | 25 | | and has equitable access to emergency resources; and | 26 | | (9) create the Division of Language Equity and Access |
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| 1 | | within the Governor's Office of New Americans to monitor | 2 | | and provide expertise to ensure the implementation of this | 3 | | Act. | 4 | | Section 20. Division of Language Equity and Access. | 5 | | The Division of Language Equity and Access is hereby | 6 | | created within the Governor's Office of New Americans to lead | 7 | | statewide efforts in the implementation of the State's | 8 | | language equity and access policy for Limited English | 9 | | Proficient persons and to ensure meaningful access to | 10 | | information, services, programs, and activities offered by | 11 | | State agencies and other covered entities, including | 12 | | departments, offices, commissions, boards, or other agencies, | 13 | | for Limited English Proficient persons. DLEA shall have a | 14 | | full-time Director who is bilingual and has experience in | 15 | | serving immigrant populations. The role of DLEA is to advance | 16 | | and monitor implementation of and compliance with this Act by: | 17 | | (1) providing oversight, central coordination, and | 18 | | technical assistance to State agencies and covered | 19 | | entities in the implementation of language access | 20 | | requirements under this Act or under any other law, | 21 | | regulation, or guidance related to language access; | 22 | | (2) reviewing and monitoring each State agency's | 23 | | language access plan for compliance with this Act; | 24 | | (3) consulting with language access coordinators and | 25 | | State agency directors or their equivalent; |
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| 1 | | (4) creating, distributing, and making available to | 2 | | State agencies multilingual signage in the more frequently | 3 | | encountered languages in the State, and other languages as | 4 | | needed, informing individuals of the individual's right to | 5 | | free interpretation services and how to request language | 6 | | services; | 7 | | (5) creating the complaint and investigation process | 8 | | for Limited English Proficient persons to report Language | 9 | | Equity and Access violations; | 10 | | (6) developing recommendations for a statewide policy | 11 | | and draft a corresponding plan for the utilization of | 12 | | interpreters and translators, including standards for | 13 | | certification and qualifications; | 14 | | (7) developing multilingual websites with information | 15 | | about DLEA and information about relevant policies, | 16 | | standards, plans, and complaint processes; | 17 | | (8) preparing an annual compliance report to be | 18 | | submitted to the Governor and the General Assembly; and | 19 | | (9) addressing other issues as necessary to ensure | 20 | | equity and meaningful participation for persons with | 21 | | limited English proficiency. | 22 | | The DLEA shall adopt administrative rules as necessary to | 23 | | implement and administer this Act. | 24 | | Section 25. Statewide Language Use Needs Assessment. | 25 | | The DLEA shall work with State agencies and covered |
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| 1 | | entities and shall use other available State resources, such | 2 | | as the Office of New Americans, the Office of Equity, and the | 3 | | Department of Human Services Bureau of Refugee and Immigrant | 4 | | Services, to ensure the State compiles available U.S. Census | 5 | | data on languages used across the State, including the | 6 | | identification of geographic patterns and trend data. The | 7 | | report shall be compiled at least every 10 years in | 8 | | conjunction with the decennial federal Census but may be | 9 | | updated periodically using other Census data reports. | 10 | | The Language Use and Needs Assessment report will be made | 11 | | available to State agencies and covered entities for the | 12 | | development of their Language Access Plans and overall | 13 | | improvement in service provision to Limited English | 14 | | Proficient. | 15 | | Section 30. Language Access Plans. | 16 | | (a) Each State agency and all covered entities shall take | 17 | | reasonable steps to ensure meaningful access to services, | 18 | | programs, and activities by Limited English Proficient | 19 | | Persons. Therefore, each State agency and covered entity shall | 20 | | prepare a language access plan, which will describe the | 21 | | population of Limited English Proficient Persons it serves, | 22 | | the policy and programmatic actions it will implement, and the | 23 | | metrics it will use to measure compliance with this Act. | 24 | | (b) Each State agency and covered entity shall designate a | 25 | | Language Access Coordinator who is responsible for the |
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| 1 | | language access plan and plan activities. | 2 | | (c) The adequacy of State agencies and covered entities' | 3 | | plans are determined by the totality of the circumstances, | 4 | | including the following 4 factors listed by federal guidance. | 5 | | Therefore, each language access plan must begin with a | 6 | | language needs assessment that includes the following | 7 | | information: | 8 | | (1) the number or proportion of Limited English | 9 | | Proficient Persons who are served or encountered in the | 10 | | eligible service population of the State agency or covered | 11 | | entity; | 12 | | (2) the frequency with which Limited English | 13 | | Proficient Persons come in contact with the services, | 14 | | programs, or activities provided by the State agency or | 15 | | covered entity; | 16 | | (3) the nature and importance of the services, | 17 | | programs, or activities provided by the State agency or | 18 | | covered entity; and | 19 | | (4) the resources available to the State or covered | 20 | | entity and the costs. | 21 | | (d) Furthermore, each State agency and covered entity | 22 | | shall describe in its plans how it will provide all of the | 23 | | following: | 24 | | (1) competent, timely translation services to Limited | 25 | | English Proficient Persons who are seeking access to | 26 | | information, services, programs, or activities provided by |
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| 1 | | the State agency or covered entity; and | 2 | | (2) vital document translation services for Limited | 3 | | English Proficient Persons who are seeking access to | 4 | | information, services, programs, or activities provided by | 5 | | the State agency or covered entity, as follows: | 6 | | (A) if there are more than 1,000 Limited English | 7 | | Proficient Persons in the population of persons served | 8 | | by the State agency or covered entity or if Limited | 9 | | English Proficient Persons comprise more than 5% of | 10 | | the population of persons served by the State agency | 11 | | or covered entity; or | 12 | | (B) if there are fewer then 50 persons served by | 13 | | the State agency or covered entity that reach the 5% | 14 | | threshold in subsection (a), the State agency or | 15 | | covered entity shall provide written notice in the | 16 | | primary language to the Limited English Proficient | 17 | | persons of the right to receive competent oral | 18 | | interpretation of those written materials free of | 19 | | cost. | 20 | | (e) The DLEA shall develop a template and mechanism for | 21 | | collecting, storing, and analyzing language access plans. | 22 | | (f) Following the first submitted plan, language access | 23 | | plans shall include an assessment of performance metrics for | 24 | | the previous year. | 25 | | (g) Following completion of the assessment, the DLEA shall | 26 | | provide guidance and feedback to each State agency and covered |
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| 1 | | entity, including any corrective action recommendations to | 2 | | ensure compliance with the language access plans. | 3 | | (h) Language access plans and evaluations shall be made | 4 | | publicly accessible. | 5 | | (i) The DLEA shall develop a rating framework for | 6 | | evaluation of language access plans and implementation. | 7 | | Section 35. Compliance and Accountability. | 8 | | (a) By January 1, 2025, and every January 1 thereafter, | 9 | | the DLEA shall submit a Language Equity and Access Compliance | 10 | | Report to the General Assembly. The Compliance Report shall be | 11 | | based on information collected during the preceding fiscal | 12 | | year and shall, at minimum, include: | 13 | | (1) key performance metrics for the previous year; | 14 | | (2) the following information for each State agency | 15 | | and covered entity: | 16 | | (A) the language access plan, including language | 17 | | access services offered; | 18 | | (B) the number and percentage of people who are | 19 | | Limited English Proficient Persons who use the | 20 | | services of the State agency or covered entity, listed | 21 | | by language other than English; | 22 | | (C) a roster of bilingual employees, their titles, | 23 | | office locations, the languages other than English | 24 | | that the persons speak, and whether or not the | 25 | | employees are certified as bilingual in that language; |
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| 1 | | (D) the name and contact information of the | 2 | | language access coordinator for each State agency and | 3 | | covered entity; | 4 | | (E) a description of any use of telephone-based | 5 | | interpretation services, including the number of times | 6 | | telephone-based interpretation services were used, the | 7 | | languages for which they were used, and the number of | 8 | | times bilingual employees provided in-person | 9 | | interpretation services; | 10 | | (F) a description of the: | 11 | | (i) telephone requests for translation or | 12 | | interpretation services; | 13 | | (ii) in-person requests for translation or | 14 | | interpretation services; and | 15 | | (iii) electronic requests for translation or | 16 | | interpretations services; | 17 | | (G) public notices of the availability of | 18 | | translation or interpretation services upon request; | 19 | | (H) an ongoing employee development and training | 20 | | strategy to maintain well-trained bilingual employees | 21 | | and general staff; | 22 | | (I) a list and description of all written | 23 | | translated materials provided, including the total | 24 | | number, languages, and services requested; and | 25 | | (J) a list and description of all complaints | 26 | | received, including information on the number of |
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| 1 | | complaints, the method received, the breakdown of | 2 | | affected languages, the written response to each | 3 | | complaint, and the time frame within which each | 4 | | complaint was handled. | 5 | | (b) State agencies shall respond to language access | 6 | | complaints, in writing, within 30 days after their receipt. | 7 | | All complaints and responses shall be recorded in each | 8 | | agency's respective annual report. | 9 | | (c) The DLEA may investigate potential violations of this | 10 | | Act if not resolved by the State agency or covered entity. The | 11 | | DLEA may attempt to resolve noncompliance with this Act by any | 12 | | State agency or covered party through informal processes, | 13 | | including mediation and conference and conciliation. | 14 | | (d) If, after an investigation and attempt to resolve an | 15 | | incidence of Department noncompliance, the DLEA is unable to | 16 | | resolve the matter, the DLEA may transmit a written finding of | 17 | | noncompliance, specifying the nature of the noncompliance and | 18 | | the recommended corrective measures, to the Governor, and it | 19 | | may transmit the same information in the annual compliance | 20 | | report to the General Assembly. | 21 | | Section 40. Administrative support. The Governor's | 22 | | Office shall provide administrative and other support to the | 23 | | Division of Language Equity and Access.
| 24 | | Section 99. Effective date. This Act takes effect on July |
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| 1 | | 1, 2023.".
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