BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 987|
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THIRD READING
Bill No: SB 987
Author: Escutia (D), et al
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 8-4, 4/24/01
AYES: Vincent, Chesbro, Dunn, Karnette, Machado,
O'Connell, Perata, Soto
NOES: Johnson, Brulte, Johannessen, Knight
SENATE APPROPRIATIONS COMMITTEE : 7-4, 5/31/01
AYES: Alpert, Bowen, Escutia, Karnette, Murray, Perata,
Speier
NOES: Johannessen, Johnson, McPherson, Poochigian
SUBJECT : The Dymally-Alatorre Bilingual Services Act
SOURCE : California Language Access Coalition
DIGEST : This bill makes numerous changes to the
Dymally-Alatorre Bilingual Services Act by revising the
criteria for what constitutes a substantial number of
non-English-speaking people" and requires every state
agency to establish an effective bilingual services
program. Additionally, the bill establishes a complaint
process for individuals who believe that a state agency
failed to provide required bilingual services.
ANALYSIS : Existing law under the Dymally-Alatorre
Bilingual Services Act seeks to enable all Californians to
be able to effectively communicate with their government by
CONTINUED
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overcoming language barriers. Requires state agencies,
which serve a substantial number of non-English speaking
people and provide materials in English explaining
services, to also provide such materials in any non-English
language spoken by a substantial number of the public
served by the agency. Existing law under this act does not
offer aggrieved parties an opportunity to seek
administrative or judicial relief when alleging a violation
of the act's provisions. Existing law provides as an
alternative to distributing applicable written materials,
an agency may instead elect to provide translation aids or
guides, or provide assistance at local offices in
completing English forms; defines "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 five percent or more of
the people served by any local office or facility of an
agency. Existing law requires each state agency to conduct
a specified survey of its local offices every two years as
specified.
This bill:
1. Requires state agencies to provide translated printed
materials at local offices serving a substantial number
of non-English speaking persons. (Current law allows
agencies to provide translation guides or other
assistance as an alternative to the printed materials.)
2. Changes the definition of a "substantial number of
non-English speaking people from members of a group
comprising five percent or more of the people served by
any local office or facility of a state agency, to
members of a group who comprise any of the following:
A. 10,000 or more of the residents of a county in
which the local office of a state agency is located.
B. Five percent or more of the residents of a county
in which the local office of a state agency is
located.
C. Five percent or more of the people served by any
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local office of a state agency.
3. Requires that, for the purposes of determining the
number or percentage of people not speaking English
well under this act, each agency or department must
utilize the most accurate available information or data
compiled by the United States Bureau of the Census, or
the State Department of Finance (DOF), as specified.
4. Requires the DOF to provide each state agency and
department specified general population data.
5. Requires state agencies or departments to reassess and
determine which groups constitute a "substantial number
of non-English-speaking people" commencing in 2002, and
biannually thereafter.
6. Requires all state agencies and departments to
establish an effective bilingual services program, to
be administered in compliance with this act, as
specified.
8. Requires the State Personnel Board (SPB) to provide
leadership, oversight, technical training and
assistance, and the monitoring and evaluation necessary
to ensure compliance with provisions of this act.
9. Requires state agencies to inform persons seeking
information under provisions of this act. At a
minimum, this notice must include signage posted at a
reception desk or other point of initial contact, and
translated into any language identified as described.
10. Provides that any individual or organization may file
a specified administrative complaint with the state
agency believed to be in violation of the act, and if
the individual or organization is not satisfied with
the agency's response they may file an appeal with the
SPB.
11. Organizations filing a complaint on behalf of an
aggrieved party do not have to name individual
aggrieved parties, but must present examples of
specific violations to support the claim.
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12. Requires the SPB to initiate and complete an
investigation or hearing to review a timely appeal
within 120 days. The bill further provides that if the
board determines the state agency or department has
failed to comply with the act's provisions, the SPB may
issue an order compelling the agency or department to
comply.
13. Clarifies information that each state agency must
include in a described survey submitted to the SPB, no
later than March 31 of every even-numbered year, as
specified.
14. Requires the SPB within 120 days of reviewing the
above survey, to order a state agency to correct any
deficiencies related to compliance with provisions of
this act as specified.
15. Authorizes the SPB, in order to ensure compliance by
state agencies, to hold hearings and conduct
investigations, adopt regulations, and inspect the
bilingual services program of any state agency, as
described.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2001-02 2002-03
2003-04 Fund
SPB appeal process ---unknown, dependent upon number
of filings
------ General
Bilingual services ------unknown, but over
$150-------- Various
SUPPORT : (Verified 6/1/01)
California Language Access Coalition (source)
California Labor Federation, AFL-CIO
Mexican American Legal Defense and Educational Fund
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California National Organization for Women
Children's Advocacy Institute
Law Center for Families
The Lambda Letters Project
Asian Law Caucus
Asian and Pacific Islander American Health Forum
Maternal and Child Health Access
Chinese for Affirmative Action
Protection and Advocacy, Inc.
Coalition California Welfare Rights Organizations, Inc.
National Council of La Raza
California Immigrant Welfare Collaborative
American Civil Liberties Union
Asian Pacific American Legal Center
Legal Aid Society of San Francisco
TSM:kb 6/1/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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