2007 California Government Code Chapter 17.5. Use Of A Foreign Language In Public Services .. 7290-7299.8

CA Codes (gov:7290-7299.8)

7290.  This chapter may be known and cited as the Dymally-Alatorre
Bilingual Services Act.



7291.  The Legislature hereby finds and declares that 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 Legislature further finds and declares that substantial
numbers of persons who live, work and pay taxes in this state are
unable, either because they do not speak or write English at all, or
because their primary language is other than English, effectively to
communicate with their government.  The Legislature further finds and
declares that state and local agency employees frequently are unable
to communicate with persons requiring their services because of this
language barrier.  As a consequence, substantial numbers of persons
presently are being denied rights and benefits to which they would
otherwise be entitled.
   It is the intention of the Legislature in enacting this chapter to
provide for effective communication between all levels of government
in this state and the people of this state who are precluded from
utilizing public services because of language barriers.



7292.   (a) Every state agency, as defined in Section 11000, except
the State Compensation Insurance Fund, directly involved in the
furnishing of information or the rendering of services to the public
whereby contact is made with a substantial number of
non-English-speaking people, shall employ a sufficient number of
qualified bilingual persons in public contact positions to ensure
provision of information and services to the public, in the language
of the non-English-speaking person.
   (b) For the purposes of this chapter, the furnishing of
information or rendering of services includes, but is not limited to,
providing public safety, protection, or prevention, administering
state benefits, implementing public programs, managing public
resources or facilities, holding public hearings, and engaging in any
other state program or activity that involves public contact.




7293.  Every local public agency, as defined in Section 54951,
serving a substantial number of non-English-speaking people, shall
employ a sufficient number of qualified bilingual persons in public
contact positions or as interpreters to assist those in such
positions, to ensure provision of information and services in the
language of the non-English-speaking person.  The determination of
what constitutes a substantial number of non-English-speak ing people
and a sufficient number of qualified bilingual persons shall be made
by the local agency.


7294.  An employee of a state or local agency, as defined by
Sections 11000 and 54951, may not be dismissed to carry out the
purposes of this chapter.  A state or local public agency need only
implement this chapter by filling employee public contact positions
made vacant by retirement or normal attrition.



7295.  Any materials explaining services available to the public
shall be translated into any non-English language spoken by a
substantial number of the public served by the agency. Whenever
notice of the availability of materials explaining services available
is given, orally or in writing, it shall be given in English and in
the non-English language into which any materials have been
translated. The determination of when these materials are necessary
when dealing with local agencies shall be left to the discretion of
the local agency.


7295.2.  Every state agency which serves a substantial number of
non-English-speaking people and which 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.  Whenever notice of the availability of
materials explaining services available is given, orally or in
writing, it shall be given in English and in the non-English language
into which any materials have been translated.  This section shall
not be interpreted to require verbatim translations of any materials
provided in English by a state agency.



7295.4.  Whenever a state agency finds that the factors listed in
both subdivisions (a) and (c) or (b) and (c) exist, it shall
distribute the applicable written materials in the appropriate
non-English language through its local offices or facilities to
non-English-speaking persons, or, as an alternative, the state agency
may instead elect to furnish translation aids, translation guides,
or provide assistance, through use of a qualified bilingual person,
at its local offices or facilities in completing English forms or
questionnaires and in understanding English forms, letters, or
notices:
   (a) The written materials, whether forms, applications,
questionnaires, letters, or notices solicit or require the furnishing
of information from an individual or provide that individual with
information.
   (b) The information solicited, required, or furnished affects or
may affect the individual's rights, duties, or privileges with regard
to that agency's services or benefits.
   (c) The local office or facility of the agency with which the
individual is dealing, serves a substantial number of
non-English-speaking persons.



7296.  (a) As used in this chapter, a "qualified bilingual person,"
"qualified bilingual employee," or "qualified interpreter" is a
person who is proficient in both the English language and the
non-English language to be used. For any state agency, "qualified"
means one of the following:
    (1) A bilingual person or employee who the State Personnel Board
has tested and certified as proficient in the ability to understand
and convey in English and a non-English language commonly used terms
and ideas, including terms and ideas regularly used in state
government.
   (2) A bilingual employee who was tested and certified by a state
agency or other testing authority approved by the State Personnel
Board as proficient in the ability to understand and convey in
English and a non-English language commonly used terms and ideas,
including terms and ideas regularly used in state government.
   (3) An interpreter who has met the testing or certification
standards established by the State Personnel Board for outside or
contract interpreters, as proficient in the ability to communicate
commonly used terms and ideas between the English language and the
non-English language to be used and has knowledge of basic
interpreter practices, including, but not limited to,
confidentiality, neutrality, accuracy, completeness, and
transparency.
   (b) The determination of what constitutes "qualified" for local
agencies, shall be left to the discretion of the local agency.



7296.2.  As used in Sections 7292 and 7295.2, a "substantial number
of non-English-speaking people" are 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
percent or more of the people served by any local office or facility
of a state agency.



7296.4.  As used in Section 7292, "a sufficient number of qualified
bilingual persons in public contact positions" is the number required
to provide the same level of services to non-English-speaking
persons as is available to English-speaking persons seeking these
services. However, where the local office or facility of the state
employs the equivalent of 25 or fewer regular, full-time employees,
it shall constitute compliance with the requirements of this chapter
if a sufficient number of qualified bilingual persons are employed in
public contact positions, or as qualified interpreters to assist
those in those positions, to provide the same level of services to
non-English-speaking persons as is available to English-speaking
persons seeking the services from the office or facility.



7297.  As used in this chapter, a "public contact position" is a
position determined by the agency to be one which emphasizes the
ability to meet, contact and deal with the public in the performance
of the agency's functions.


7298.  The provisions of this chapter are not applicable to school
districts, county boards of education, or the office of a county
superintendent of schools.


7299.  The provisions of this act shall be implemented to the extent
that local, state or federal funds are available, and to the extent
permissible under federal law and the provisions of civil service law
governing the state and local agencies.



7299.1.  State agencies may, utilizing existing funds, contract for
telephone-based interpretation services in addition to employing
qualified bilingual persons in public contact positions.



7299.2.  The State Personnel Board shall be responsible for
informing state agencies of their responsibilities under this chapter
and providing state agencies with technical assistance, upon request
on a reimbursable basis.


7299.4.  (a) Notwithstanding any other provision in this chapter,
each state agency shall conduct an assessment and develop and update
an implementation plan that complies with the requirements of this
chapter.
   (b) Each agency shall conduct a survey of each of its local
offices every two years to determine all of the following:
   (1) The number of public contact positions in each local office.
   (2) The number of qualified bilingual employees in public contact
positions in each local office, and the languages they speak, other
than English.
   (3) The number and percentage of non-English-speaking people
served by each local office, broken down by native language.
   (4) The number of anticipated vacancies in public contact
positions.
   (5) Whether the use of other available options, including
contracted telephone-based interpretation services, in addition to
qualified bilingual persons in public contact positions, is serving
the language needs of the people served by the agency.
   (6) A list of all written materials that are required to be
translated or otherwise made accessible to non- or
limited-English-speaking individuals by Sections 7295.2 and 7295.4.
   (7) A list of materials identified in paragraph (6) that have been
translated and languages into which they have been translated.
   (8) The number of additional qualified bilingual public contact
staff, if any, needed at each local office to comply with this
chapter.
   (9) Any other relevant information requested by the State
Personnel Board.
   (c) Each agency shall calculate the percentage of
non-English-speaking people served by each local office by rounding
the percentage arrived at to the nearest whole percentage point.
   The survey results shall be reported on forms provided by the
State Personnel Board, and delivered to the board not later than
October 1 of every even-numbered year beginning with 2008.
   (d) Beginning in 2009 and in every odd-numbered year thereafter,
each state agency shall develop an implementation plan that, at a
minimum, addresses all of the following:
   (1) The name, position, and contact information of the employee
designated by the agency to be responsible for overseeing
implementation of the plan.
   (2) A description of the agency's procedures for identifying
written materials that need to be translated.
   (3) A description of the agency's procedures for identifying
language needs at local offices and assigning qualified bilingual
staff.
   (4) A description of how the agency recruits qualified bilingual
staff.
   (5) A description of any training the agency provides to its staff
on the provision of services to non- or limited-English-speaking
individuals.
   (6) A detailed description of how the agency plans to address any
deficiencies in meeting the requirements of this chapter, including,
but not limited to, the failure to translate written materials or
employ sufficient numbers of qualified bilingual employees in public
contact positions at local offices, the proposed actions to be taken
to address the deficiencies, and the proposed dates by when the
deficiencies can be remedied.
   (7) A description of the agency's procedures for accepting and
resolving complaints of an alleged violation of this chapter.
   (8) A description of how the agency complies with any federal or
other state laws that require the provision of linguistically
accessible services to the public.
   (9) Any other relevant information requested by the State
Personnel Board.
   (e) In developing its implementation plan in 2003, each state
agency may rely upon data gathered from its 2002 survey.
   (f) Each state agency shall submit its implementation plan to the
State Personnel Board no later than October 1 of each applicable
year. The board shall review each plan, and, if it determines that
the plan fails to address the identified deficiencies, the board
shall order the agency to supplement or make changes to its plan. A
state agency that has been determined to be deficient shall report to
the State Personnel Board every six months on its progress in
addressing the identified deficiencies.
   (g) If the board determines that a state agency has not made
reasonable progress toward complying with this chapter, the board may
issue orders that it deems appropriate to effectuate the purposes of
this chapter.



7299.5.  The State Personnel Board may exempt state agencies from
the requirements of Section 7299.4, where the State Personnel Board
determines that any of the following conditions apply:
   (a) The agency's primary mission does not include responsibility
for furnishing information or rendering services to the public.
   (b) The agency has consistently received such limited public
contact with the non-English-speaking public that it has not been
required to employ bilingual staff under Section 7292 and the agency
employs fewer than the equivalent of 25 full-time employees in public
contact positions.
   In order to receive an exemption, each state agency shall annually
petition the State Personnel Board for the exemption and receive
approval in writing by the date established by the board. An agency
may receive an exemption for up to five consecutive surveys or
implementation plans, if it demonstrates that it meets the
requirements of subdivision (a) or (b), and provides all required
documentation to the State Personnel Board.



7299.6.  The State Personnel Board shall review the results of the
surveys and implementation plans required to be made by Section
7299.4, compile this data, and provide a report to the Legislature
every two years.  The report shall identify significant problems or
deficiencies and propose solutions where warranted.



7299.8.  It is not the intent of the Legislature in enacting this
chapter to prohibit the establishment of bilingual positions, or
printing of materials, or use of qualified interpreters, where less
than 5 percent of the people served do not speak English or are
unable to communicate effectively, as determined appropriate by the
state or local agency. It is not the intent of the Legislature in
enacting this chapter to require that all public contact positions be
filled with qualified bilingual persons.