The Dymally-Alatorre Bilingual Services Act, among other things, generally requires every state agency, as defined, directly involved in certain activities involving contact with a substantial number of non-English-speaking people, and every local agency, as defined, serving a substantial number of non-English-speaking people, to employ a sufficient number of qualified bilingual persons in public contact positions. For specified provisions of the act, the act defines a substantial number of non-English-speaking people as 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 5% or more of the people served by the statewide or any local office or facility of a state agency.

This bill would modify the definition of substantial number of non-English-speaking people to reduce that percentage from 5% to 3%.

The Dymally-Alatorre Bilingual Services Act, among other things, generally requires every state agency, as defined, directly involved in certain activities involving contact with a substantial number of non-English-speaking people, and every local agency, as defined, serving a substantial number of non-English-speaking people, to employ a sufficient number of qualified bilingual persons in public contact positions. For specified provisions of the act, the act defines a substantial number of non-English-speaking people as 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 5% or more of the people served by the statewide or any local office or facility of a state agency.

This bill would require every state agency, as defined, to update its data collection categories to match those used by the United States Census Bureau in the most recent update in December 2017. The bill would also require every state agency that directly or by contract provides translations for language accessibility to make provisions for the Punjabi language on or after an unspecified date and to recalculate its threshold languages in light of the United States Census data around Punjabi to see if eligibility numbers are met, but would require specified state agencies to comply with these provisions as early as possible, but no later than an unspecified date. modify the definition of substantial number of non-English-speaking people to reduce that percentage from 5% to 3%.

The Dymally-Alatorre Bilingual Services Act, among other things, generally requires every state agency, as defined, directly involved in certain activities involving contact with a substantial number of non-English-speaking people, and every local agency, as defined, serving a substantial number of non-English-speaking people, to employ a sufficient number of qualified bilingual persons in public contact positions.

This bill would require every state agency, as defined, to update its data collection categories to match those used by the United States Census Bureau in the most recent update in December 2017. The bill would also require every state agency that directly or by contract provides translations for language accessibility to make provisions for the Punjabi language on or after an unspecified date and to recalculate its threshold languages in light of the United States Census data around Punjabi to see if eligibility numbers are met, but would require specified state agencies to comply with these provisions as early as possible, but no later than an unspecified date.

GOVERNOR'S VETO

GV Bill Id:AB 3179

Author:(Salas)

As Enrolled Ver:September 5, 2018

2/3 vote

SUMMARY: Reduces the threshold by which state agencies are required to provide language access services to a substantial number of non-English speakers from 5% to 3%.

EXISTING LAW:

1. Establishes the Dymally-Alatorre Bilingual Services Act (Act) which aims to ensure that people who do not speak or write English, or whose primary language is not English, are not prevented from using public services because of language barriers.
2. Specifies that a state agency must provide the same information that is available in English in other languages if the agency serves a "substantial number" of non-English speakers.
3. Defines "substantial number" to mean non-English speakers who comprise 5% or more of the constituents served by any local office of a state agency.
4. Makes the California Department of Human Resources (CalHR) responsible for ensuring agencies comply with the Act.
5. Requires each state agency to conduct a survey of its local offices every two years to assess the language needs of people served and directs CalHR to provide a report on the survey to the Legislature.

FISCAL EFFECT: According to the Senate Appropriations Committee, lowering the threshold from 5% to 3% would increase the need to provide language access services statewide by approximately 30% based on CalHR’s most recent language access survey. If a state agency that is directly involved in furnishing information or rendering services to the public makes contact with members of a group of non-English speakers who comprise 3% or more, as opposed to 5% or more, that state agency would need to take certain steps to provide information and services in the non-English language. Under existing law, state agencies are required to provide language access services only to the extent that funding is available, which makes actual costs difficult to estimate. Beyond that, costs would likely be in the millions of dollars statewide, annually to provide the necessary language support staff and translations of documents. (General Fund/special fund)

COMMENTS: This bill requires state agencies to provide language access to non-English speakers when they comprise 3% of the constituents served. The author states that "lowering the threshold for providing language access will help Punjabi- speaking Californians and other non-English speakers have the same access to services that English-speakers have in our state."

Currently, agencies are required to conduct surveys every other year to assess their public contact with non-English speakers. CalHR compiles the results of the survey in a report to the Legislature. According to data from the 2015-16 language access survey, the lower trigger specified in this bill would apply to about 46 entities among a sample of eight large state agencies.

GOVERNOR'S VETO MESSAGE:

This bill would require state agencies to provide access to bilingual employees and translated materials for non-English speakers if those individuals constitute 3% of the population served.

This bill has a potential cost of $77 million a year and is more properly considered as part of the budget process.

Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600 FN: 0005255

 THIRD READING  

Bill No: AB 3179

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/26/18

AYES: Dodd, Wilk, Bradford, Cannella, Gaines, Galgiani, Glazer, Hill, Hueso, Lara, Portantino, Vidak, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 75-0, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: Jakara Movement

DIGEST: This bill reduces the threshold by which state agencies are required to provide language access services to a substantial number of non-English speakers from 5% to 3%.

ANALYSIS:

Existing law:

1. Requires, generally, under the Dymally-Alatorre Bilingual Services Act (Act), every state agency, as defined, directly involved in certain activities involving contact with a substantial number of non-English-speaking people, and every local agency, as defined, serving a substantial number of non-English-speaking people, to employ a sufficient number of qualified bilingual persons in public contact positions.
2. Defines a “substantial number of non-English-speaking people” as 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 5% or more of the people served by the statewide or any local office or facility of a state agency.
3. Defines a “state agency” to include every state office, officer, department, division, bureau, board, commission. This does not include the California State University unless a bill explicitly provides that it applies to the university.
4. Defines a “local agency” to mean a county, city whether general law or chartered, city, and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency therefor, or other local public agency.

This bill:

1. Reduces the threshold by which state agencies are required to provide language access services to a substantial number of non-English speakers from 5% to 3%.
2. Makes various legislative findings.

Background

Purpose of the bill. According to the author’s office, “AB 3179 would lower, from 5% to 3%, the threshold which state agencies are required to provide language access services to a substantial number of non-native speakers. Lowering the threshold to 3% will expedite having access to a number of state services for non-native speaking communities including the over 100,000 Punjabi speakers living in the state.”

Dymally-Alatorre Bilingual Services Act. The Act was enacted in 1973 with the goal to eliminate language barriers that preclude people in California, who do not speak or write English because their primary language is not English, from having equal access to public services.

The Act requires State and local agencies that are directly involved in the furnishing of information or the rendering of services to the public must, in specifically prescribed situations, employ a sufficient number of qualified bilingual persons in public contact positions to ensure information and services are able to be used by the public in the language of the non-English speaking people.

The Act further requires that every State and local agency that serves a substantial number of non-English speaking people, and provides materials in English explaining services, shall also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency. The Act defines a “substantial number of non-English-speaking people” as 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 5% or more of the people served by the statewide or any local office or facility of a state agency. This bill lowers that threshold from 5% to 3%.

The Act also requires that each State and local agency survey each of their local offices and facilitates every two years to obtain information about the public it serves. The results of the survey are compiled by the California Department of Human Resources (CalHR) and reported to the Legislature. The report is required to identify significant problems or deficiencies and propose solutions where warranted.

CalHR is responsible for ensuring agencies comply with the provisions of the Act.

Related/Prior Legislation

AB 2253 (Ting, Chapter 469, Statutes of 2014) made various changes to the Act, including requiring a state agency to translate and make accessible on the homepage of its Internet Web site, forms and processes for submitting complaints of alleged violations of the Act.

AB 305 (Furutani, 2011) would have, among other provisions, revised the definition of “substantial number of non-English speakers” to mean those who comprise the lesser of the following: 1,000 or more of the residents of a county in which the local office of a state agency is located; 5% or more of the residents of a county in which the local office of a state agency is located; or, 5% or more of the people served by any local office or facility of a state agency. (Held on the Assembly Appropriations Suspense File)

SB 987 (Escutia, 2002) would have made various changes to the Act, such as expanding the definition of substantial number of non-English-speaking people and requiring distributed written materials, including forms, applications, letters, and notices, to be in non-English language. (Vetoed by Governor Davis)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

Lowering the threshold from 5% to 3% would increase the need to provide language access services statewide by approximately 30% based on the California Department of Human Resources (CalHR’s) most recent language access survey. If a state agency that is directly involved in furnishing information or rendering services to the public makes contact with members of a group of non-English speakers who comprise 3% or more, as opposed to 5% or more, that state agency would need to take certain steps to provide information and services in the non-English language. Under existing law, state agencies are required to provide language access services only to the extent that funding is available, which makes actual costs difficult to estimate. Beyond that, costs would likely be in the millions of dollars statewide, annually to provide the necessary language support staff and translations of documents.

SUPPORT: (Verified 8/17/18)

Jakara Movement (source)

Allen Warren, Councilmember, City of Sacramento, District 2

American Sikh Public Affairs Association

Asian Americans Advancing Justice – Asian Law Caucus

Center at Sierra Health Foundation

Clinton J. Olivier, Fresno City Councilmember, District 7

Esmeralda Z. Soria, Council President, City of Fresno

Faith in the Valley

Gary Bredefeld, Fresno City Councilmember, District 6

GHG Sangeet and Dance Academy Inc.

Hmong Innovating Politics

Islamic Cultural Center

Karen K. Goh, Mayor, City of Bakersfield

KBIF AM 900 Punjabi Radio-Shaan Punjab Di

Lee Brand, Mayor, City of Fresno

Luis Chavez, Fresno City Councilmember, District 5

Mi Familia Vota

Oliver L. Baines, Fresno City Councilmember, District 3

Organization for Minorities of India

Punjabi American Heritage Society

Punjabi Cultural Association of Central Valley

Sikh Center of the Pacific Coast

Sikh Council of Central California

Sikh Information Centre

Sikh Institute

Sikh Temple Gurdwara Yuba City

Sikh Temple Sacramento

Sikh Society of San Diego

Sikh Women’s Alliance

SIREN

OPPOSITION: (Verified 8/17/18)

None received

ARGUMENTS IN SUPPORT: According to the Jakara Movement, “while this bill will have ramifications for many other California communities, we are pleased that it will provide opportunities for greater access and autonomy for California’s Punjabi-speaking population. The 2010 U.S. Census provides that there are over 104,000 Punjabi language speakers in the state, and current census predictions anticipate this number to grow in the 2020 Census as it is considered one of four fastest growing languages in California. We strongly support AB 3179 because allowing for the improvement in bilingual services and increasing the ability for all Californians, especially those that primarily speak emerging languages to have greater accessibility so that they can have greater autonomy.”

ASSEMBLY FLOOR: 75-0, 5/30/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Obernolte, Patterson

Prepared by:

8/18/18 16:32:39

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 3179 (Salas) - State agencies: bilingual services

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 3179 would reduce the threshold by which state agencies are required to provide language access services to a substantial number of non-English speakers from 5% to 3%.

Fiscal Impact:

Lowering the threshold from 5% to 3% would increase the need to provide language access services statewide by approximately 30% based on the California Department of Human Resources (CalHR’s) most recent language access survey. If a state agency that is directly involved in furnishing information or rendering services to the public makes contact with members of a group of non-English speakers who comprise 3% or more, as opposed to 5% or more, that state agency would need to take certain steps to provide information and services in the non-English language. Under existing law, state agencies are required to provide language access services only to the extent that funding is available, which makes actual costs difficult to estimate. Beyond that, costs would likely be in the millions of dollars statewide, annually to provide the necessary language support staff and translations of documents. (GF/special fund)

Background:

The Dymally-Alatorre Bilingual Services Act (Act) was enacted in 1973 with the goal to eliminate language barriers that preclude people in California, who do not speak or write English because their primary language is not English, from having equal access to public services. The Act generally requires every state agency, as defined, directly involved in certain activities involving contact with a substantial number of non-English-speaking people, and every local agency, as defined, serving a substantial number of non-English-speaking people, to employ a sufficient number of qualified bilingual persons in public contact positions. “Substantial number of non-English-speaking people” is currently defined as 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 5% or more of the people served by the statewide or any local office or facility of a state agency.

The Act also requires that each State and local agency survey each of their local offices and facilitates every two years to obtain information about the public it serves. The results of the survey are compiled by the CalHR and reported to the Legislature. The report is required to identify significant problems or deficiencies and propose solutions where warranted. CalHR is responsible for ensuring agencies comply with the provisions of the Act.

Proposed Law:

This bill would reduce the threshold by which state agencies are required to provide language access services to a “substantial number of non-English-speaking people” from 5% to 3%.

Related Legislation:

AB 2253 (Ting, Chapter 469, Statutes of 2014) made various changes to the Act, including requiring a state agency to translate and make accessible on the homepage of its Internet Web site, forms and processes for submitting complaints of alleged violations of the Act.

AB 305 (Furutani, 2011) among other things, would have revised the definition of “substantial number of non-English speakers” to mean those who comprise the lesser of the following: 1,000 or more of the residents of a county in which the local office of a state agency is located; 5% or more of the residents of a county in which the local office of a state agency is located; or, 5% or more of the people served by any local office or facility of a state agency. It was held on the Assembly Appropriations Suspense File.

SB 987 (Escutia, 2002) would have made various changes to the Act, such as expanding the definition of substantial number of non-English-speaking people and requiring distributed written materials, including forms, applications, letters, and notices, to be in non-English language. It was vetoed by Governor Davis.

Staff Comments:

According to data from the 2015-16 language access survey, lowering the threshold from 5% to 3% would cause the translation threshold to include eight languages in between 10 to 202 additional state offices. For instance, a 3% threshold would mean that Spanish translation must be provided in 202 additional offices; Cantonese/Yue, Mandarin, and Vietnamese must be provided in 19 additional offices; and Punjabi/Panjabi must be provided in 12 additional offices.

Proposition 30 (November 2012) eliminated any potential mandate funding liability for any new program or higher level of service mandated on local agencies related to realigned programs. Rather, legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only apply to local agencies to the extent that the state provides annual funding for the cost increase. Local agencies are not obligated to provide programs or levels of service required by legislation above the level for which funding has been provided. This bill could results in Proposition 30 claims to the extent that counties are required to translate additional materials.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: 6/26/2018

SUBJECT:

DIGEST: This bill reduces the threshold by which state agencies are required to provide language access services to a substantial number of non-English speakers from 5% to 3%.

ANALYSIS:

Existing law:

1. Generally requires, under the Dymally-Alatorre Bilingual Services Act (Act), every state agency, as defined, directly involved in certain activities involving contact with a substantial number of non-English-speaking people, and every local agency, as defined, serving a substantial number of non-English-speaking people, to employ a sufficient number of qualified bilingual persons in public contact positions.
2. Defines a “substantial number of non-English-speaking people” as 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 5% or more of the people served by the statewide or any local office or facility of a state agency.
3. Defines a “state agency” to include every state office, officer, department, division, bureau, board, commission. This does not include the California State University unless a bill explicitly provides that it applies to the university.
4. Defines a “local agency” to mean a county, city whether general law or chartered, city, and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency therefor, or other local public agency.

This bill:

1. Reduces the threshold by which state agencies are required to provide language access services to a substantial number of non-English speakers from 5% to 3%.
2. Makes various legislative findings.

Background

Purpose of the bill. According to the author’s office, “AB 3179 would lower, from 5% to 3%, the threshold which state agencies are required to provide language access services to a substantial number of non-native speakers. Lowering the threshold to 3% will expedite having access to a number of state services for non-native speaking communities including the over 100,000 Punjabi speakers living in the state.”

Dymally-Alatorre Bilingual Services Act. The Act was enacted in 1973 with the goal to eliminate language barriers that preclude people in California, who do not speak or write English because their primary language is not English, from having equal access to public services.

The Act requires State and local agencies that are directly involved in the furnishing of information or the rendering of services to the public must, in specifically prescribed situations, employ a sufficient number of qualified bilingual persons in public contact positions to ensure information and services are able to be used by the public in the language of the non-English speaking people.

The Act further requires that every State and local agency that serves a substantial number of non-English speaking people, and provides materials in English explaining services, shall also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency. The Act defines a “substantial number of non-English-speaking people” as 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 5% or more of the people served by the statewide or any local office or facility of a state agency. This bill lowers that threshold from 5% to 3%.

The Act also requires that each State and local agency survey each of their local offices and facilitates every two years to obtain information about the public it serves. The results of the survey are compiled by the California Department of Human Resources (CalHR) and reported to the Legislature. The report is required to identify significant problems or deficiencies and propose solutions where warranted.

CalHR is responsible for ensuring agencies comply with the provisions of the Act.

Prior/Related Legislation

AB 2253 (Ting, Chapter 469, Statutes of 2014) made various changes to the Act, including requiring a state agency to translate and make accessible on the homepage of its Internet Web site, forms and processes for submitting complaints of alleged violations of the Act.

AB 305 (Furutani, 2011) would have, among other provisions, revised the definition of “substantial number of non-English speakers” to mean those who comprise the lesser of the following: 1,000 or more of the residents of a county in which the local office of a state agency is located; 5% or more of the residents of a county in which the local office of a state agency is located; or, 5% or more of the people served by any local office or facility of a state agency. (Held on the Assembly Appropriations Suspense File)

SB 987 (Escutia, 2002) would have made various changes to the Act, such as expanding the definition of substantial number of non-English-speaking people and requiring distributed written materials, including forms, applications, letters, and notices, to be in non-English language. (Vetoed by Governor Davis)

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

Jakara Movement (Source)

Allen Warren, Councilmember, City of Sacramento, District 2

American Sikh Public Affairs Association

Asian Americans Advancing Justice – Asian Law Caucus

Center at Sierra Health Foundation

Clinton J. Olivier, Fresno City Councilmember, District 7

Esmeralda Z. Soria, Council President, City of Fresno

Faith in the Valley

Gary Bredefeld, Fresno City Councilmember, District 6

GHG Sangeet and Dance Academy Inc.

Hmong Innovating Politics

Islamic Cultural Center

Karen K. Goh, Mayor, City of Bakersfield

KBIF AM 900 Punjabi Radio-Shaan Punjab Di

Lee Brand, Mayor, City of Fresno

Luis Chavez, Fresno City Councilmember, District 5

Mi Familia Vota

Oliver L. Baines, Fresno City Councilmember, District 3

Organization for Minorities of India

Punjabi American Heritage Society

Punjabi Cultural Association of Central Valley

Sikh Center of the Pacific Coast

Sikh Council of Central California

Sikh Information Centre

Sikh Institute

Sikh Temple Gurdwara Yuba City

Sikh Temple Sacramento

Sikh Society of San Diego

Sikh Women’s Alliance

SIREN

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the Jakara Movement, “while this bill will have ramifications for many other California communities, we are pleased that it will provide opportunities for greater access and autonomy for California’s Punjabi-speaking population. The 2010 U.S. Census provides that there are over 104,000 Punjabi language speakers in the state, and current census predictions anticipate this number to grow in the 2020 Census as it is considered one of four fastest growing languages in California. We strongly support AB 3179 because allowing for the improvement in bilingual services and increasing the ability for all Californians, especially those that primarily speak emerging languages to have greater accessibility so that they can have greater autonomy.”

ASSEMBLY THIRD READING

ATR Bill Id:AB 3179

Author:(Salas)

As Amended Ver:April 17, 2018

Majority vote

SUMMARY: Reduces the threshold by which state agencies are required to provide language access services to a substantial number of non-English speakers from 5% to 3%.

EXISTING LAW:

1. Establishes the Dymally-Alatorre Bilingual Services Act (Act) which aims to ensure that people who do not speak or write English, or whose primary language is not English, are not prevented from using public services because of language barriers.
2. Specifies that a state agency must provide the same information that is available in English in other languages if the agency serves a "substantial number" of non-English speakers.
3. Defines "substantial number" to mean non-English speakers who comprise 5% or more of the constituents served by any local office of a state agency.
4. Makes the California Department of Human Resources (CalHR) responsible for ensuring agencies comply with the Act and requires CalHR to issue orders to agencies if they have not made reasonable progress towards complying with the Act.
5. Requires each state agency to conduct a survey of its local offices every two years to assess the language needs of people served and directs CalHR to provide a report on the survey to the Legislature.

FISCAL EFFECT: According to the Assembly Appropriations Committee, lowering the threshold from 5% to 3% would increase the need to provide language services statewide by approximately 30%, based on CalHR's most recent language access survey. Under existing law, state agencies are required to provide language services only to the extent funding is available, making actual costs difficult to predict. However, fully implemented, costs would be in the millions of dollars ongoing statewide to provide the necessary language support staff and document translations.

COMMENTS: Current law requires a state agency to provide the same information that is available in English in other languages if the agency serves a "substantial number" of non-English speakers, defined as 5% or more of the people served. This bill lowers the threshold to 3%.

According to the author, "In many counties across the Central Valley, Punjabi is the third most spoken language, yet these Punjabi-speaking communities do not have language access to vital state services and resources such as health care or a driver's license. Most of the time, they need to have an English-speaker from their community translate for them."

This bill requires state agencies to provide language access to non-English speakers when they comprise 3% of the constituents served. The author states that "lowering the threshold for providing language access will help Punjabi- speaking Californians and other non-English speakers have the same access to services that English-speakers have in our state."

Currently, agencies are required to conduct surveys every other year to assess their public contact with non-English speakers. CalHR compiles the results of the survey in a report to the Legislature. According to data from the 2015-16 language access survey, the lower trigger specified in this bill would apply to about 46 entities among a sample of eight large state agencies.

Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600 FN: 0003027

Date of Hearing: May 9, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 3179

Author:(Salas) – As Amended Ver:April 17, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

This bill modifies the definition of “a substantial number” of non-English-speaking people to mean non-English speakers who comprise 3% (rather than 5%) or more of the constituents served by a state agency.

FISCAL EFFECT:

Lowering the threshold from 5% to 3% would increase the need to provide language services statewide by approximately 30%, based on the California Department of Human Resources’ (CalHR’s) most recent language access survey. Under existing law, state agencies are required to provide language services only to the extent funding is available, making actual costs difficult to predict. However, fully implemented, costs would be in the millions of dollars ongoing statewide to provide the necessary language support staff and document translations.

COMMENTS:

1. Purpose. This bill seeks to increase access to state government services for non-English speakers by requiring state agencies to provide language access to non-English speakers when they comprise 3%, rather than 5%, of the constituents served. The author states "lowering the threshold for providing language access will help Punjabi-speaking Californians and other non-English speakers have the same access to services that English speakers have in our state.”
2. Background. The Dymally-Alatorre Bilingual Services Act (Act) aims to ensure that people who do not speak or write English, or whose primary language is not English, are not prevented from using public services because of language barriers. Accordingly, a state agency must provide information that is available in English in other languages too if the agency serves a "substantial number" of non-English speakers. Existing law defines "substantial number" to mean non-English speakers who comprise 5% or more of the constituents served by any local office of a state agency.

State agencies are required to conduct surveys every other year to assess their public contact with non-English speakers. CalHR compiles the results in a report to the Legislature. According to data from the 2015-16 language access survey, lowering the trigger to 3% causes the translation threshold to be hit for eight languages in 10 to 202 additional state offices, depending on the language. For example, a 3% threshold means Spanish translation must be provided in 202 additional offices, Cantonese/Yue, Mandarin, and Vietnamese must be provided in 19 additional offices each, and Punjabi/Panjabi must be provided in 12 additional offices.

1. Prior Legislation. AB 305 (Furutani), of the 2011-12 Legislative Session, would have, among other provisions, revised the definition of "substantial number" of non-English speakers. That measure was held on this committee’s Suspense File.
   

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW

Susan Talamantes Eggman, Chair

ABPCA Bill Id:AB 3179 (

Author:Salas) – As Amended Ver:April 17, 2018

SUBJECT: State agencies: bilingual services

SUMMARY: Reduces the threshold by which state agencies are required to provide language access services to a substantial number of non-English speakers from 5% to 3%.

EXISTING LAW:

1. Establishes the Dymally-Alatorre Bilingual Services Act (Act) which aims to ensure that people who do not speak or write English, or whose primary language is not English, are not prevented from using public services because of language barriers.
   
2. Specifies that a state agency must provide the same information that is available in English in other languages if the agency serves a "substantial number" of non-English speakers.
   
3. Defines "substantial number" to mean non-English speakers who comprise 5% or more of the constituents served by any local office of a state agency.
   
4. Makes the California Department of Human Resources (CalHR) responsible for ensuring agencies comply with the Act and requires CalHR to issue orders to agencies if they have not made reasonable progress towards complying with the Act.
   
5. Requires each state agency to conduct a survey of its local offices every two years to assess the language needs of people served and directs CalHR to provide a report on the survey to the Legislature.
   

FISCAL EFFECT: Unknown

COMMENTS: Current law requires a state agency to provide the same information that is available in English in other languages if the agency serves a "substantial number" of non-English speakers, defined as 5% or more of the people served. This bill lowers the threshold to 3%.

According to the author, "In many counties across the Central Valley, Punjabi is the third most spoken language, yet these Punjabi-speaking communities do not have language access to vital state services and resources such as health care or a driver’s license.  Most of the time, they need to have an English-speaker from their community translate for them."

This bill requires state agencies to provide language access to non-English speakers when they comprise 3% of the constituents served. The author states that "lowering the threshold for providing language access will help Punjabi- speaking Californians and other non-English speakers have the same access to services that English-speakers have in our state.”

Currently, agencies are required to conduct surveys every other year to assess their public contact with non-English speakers. CalHR compiles the results of the survey in a report to the Legislature. According to data from the 2015-16 language access survey, the lower trigger specified in this bill would apply to about 46 entities among a sample of eight large state agencies.

Decreasing the threshold for state agencies to provide language access services to 3% could expedite access to state government services for non-English speaking communities.

PRIOR LEGISLATION: AB 305 (Furutani) of 2011 would have, among other provisions, revised the definition of "substantial number" of non-English speakers to mean those who comprise the lesser of the following: 1,000 or more of the residents of a county in which the local office of a state agency is located; 5% or more of the residents of a county in which the local office of a state agency is located; or, 5% or more of the people served by any local office or facility of a state agency. This measure died on the Assembly Appropriations Committee Suspense File.

REGISTERED SUPPORT / OPPOSITION:

Support

Jakara Movement

Opposition

None on file.

Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600