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2017 Maryland Code
State Government
Title 10 - Governmental Procedures
Subtitle 11 - Equal Access to Public Services for Individuals With Limited English Proficiency
§ 10-1103. Providing equal access to public services
Universal Citation: MD State Govt Code § 10-1103 (2017)
- (a) In general. -- Each State department, agency, or program listed or identified under subsection (d) of this section shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency.
- (b) Reasonable steps. -- Reasonable steps to provide equal access to public services include:
- (1) the provision of oral language services for individuals with limited English proficiency, which must be through face-to-face, in-house oral language services if contact between the agency and individuals with limited English proficiency is on a weekly or more frequent basis;
- (2)
- (i) the translation of vital documents ordinarily provided to the public into any language spoken by any limited English proficient population that constitutes 3% of the overall population within the geographic area served by a local office of a State program as measured by the United States Census; and
- (ii) the provision of vital documents translated under item (i) of this paragraph on a statewide basis to any local office as necessary; and
- (3) any additional methods or means necessary to achieve equal access to public services.
- (c) Reasonable steps -- Operation and maintenance. --
- (1) (i) Except as provided in paragraphs (2) and (3) of this subsection, beginning October 1, 2016, reasonable steps to provide equal access to public services include the operation and maintenance, for each Web site that may reasonably be expected to be available to and used by members of the general public, of equal access versions in any language that:
- 1. is spoken by any limited English proficient population that constitutes at least 0.5% of the overall population within the State, as measured by the most recent United States Census; and
- 2. can be translated free-of-charge.
- (ii) If machine translation services are used to carry out the provisions of this subsection, the State department, agency, or program may post conspicuously on its Web site, a disclaimer that the State department, agency, or program:
- 1. does not guarantee the accuracy or reliability of the translation; and
- 2. is not liable for any loss or damage arising out of the use of or reliance on the translated content.
- (ii) If machine translation services are used to carry out the provisions of this subsection, the State department, agency, or program may post conspicuously on its Web site, a disclaimer that the State department, agency, or program:
- (2) A State department, agency, or program is not required to provide equal access to Web site content if:
- (i) the State department, agency, or program determines that an inaccurate translation of the content could lead to a denial of services or benefits; or
- (ii) the content cannot be translated due to the limitations of machine translation software, including files in PDF format, images, and videos.
- (3) A unit of local government is encouraged to take the steps under paragraph (1) of this subsection, but may not be required to do so.
- (1) (i) Except as provided in paragraphs (2) and (3) of this subsection, beginning October 1, 2016, reasonable steps to provide equal access to public services include the operation and maintenance, for each Web site that may reasonably be expected to be available to and used by members of the general public, of equal access versions in any language that:
- (d) Implementation schedule. -- The provisions of this subtitle shall be fully implemented according to the following schedule:
- (1) on or before July 1, 2003, full implementation by:
- (i) the Department of Human Services;
- (ii) the Department of Labor, Licensing, and Regulation;
- (iii) the Maryland Department of Health;
- (iv) the Department of Juvenile Services; and
- (v) the Workers' Compensation Commission;
- (2) on or before July 1, 2004, full implementation by:
- (i) the Department of Aging;
- (ii) the Department of Public Safety and Correctional Services;
- (iii) the Department of Transportation, not including the Maryland Transit Administration;
- (iv) the Commission on Civil Rights;
- (v) the Department of State Police; and
- (vi) five independent agencies, boards, or commissions, to be determined by the Secretary of Human Services, in consultation with the Office of the Attorney General;
- (3) on or before July 1, 2005, full implementation by:
- (i) the Comptroller of Maryland;
- (ii) the Department of Housing and Community Development;
- (iii) the Maryland Transit Administration;
- (iv) the Department of Natural Resources;
- (v) the Maryland State Department of Education;
- (vi) the Office of the Attorney General; and
- (vii) five independent agencies, boards, or commissions to be determined by the Secretary of Human Services, in consultation with the Office of the Attorney General; and
- (4) on or before July 1, 2006, full implementation by:
- (i) the Department of Agriculture;
- (ii) the Department of Commerce;
- (iii) the Department of Veterans Affairs;
- (iv) the Department of the Environment; and
- (v) five independent agencies, boards, or commissions to be determined by the Secretary of Human Services, in consultation with the Office of the Attorney General.
- (1) on or before July 1, 2003, full implementation by:
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