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AB-305 Dymally-Alatorre Bilingual Services Act.(2011-2012)

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Amended  IN  Assembly  March 17, 2011
Amended  IN  Assembly  March 14, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill No. 305


Introduced  by  Assembly Member Furutani

February 09, 2011


An act to amend Sections 7296.2 and 7299.6 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 305, as amended, Furutani. Dymally-Alatorre Bilingual Services Act.

The Dymally-Alatorre Bilingual Services Act

Existing law, the Dymally-Alatorre Bilingual Services Act, requires that state agencies that serve a substantial number of non-English-speaking people employ a sufficient amount of bilingual persons in order to provide certain information and render certain services in a language other than English. The act requires each state agency to conduct a survey of its local offices every 2 years regarding their public contact positions and the provision of bilingual services, as specified. The act requires the State Personnel Board to compile the results of the survey and provide it in a report to the Legislature every 2 years.
This bill would revise and expand the duties of the State Personnel Board with regard to the surveys and implementation plans, and the report required to be submitted by the board. This bill would require state agencies to use specified criteria in determining the to determine whether the state agency serves a substantial number of non-English-speaking people for purposes of the act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7296.2 of the Government Code is amended to read:

7296.2.
 (a) As applied to state agencies, a “substantial number of non-English-speaking people” means 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 the lesser of the following:
(1) One thousand or more of the residents of a county in which the local office of a state agency is located.
(2) Five percent or more of the residents of a county in which the local office of a state agency is located in.
(3) Five percent or more of the people served by any local office or facility of a state agency.
(b) In determining the substantial number of non-English-speaking people in for purposes of paragraphs (1) and (2) of subdivision (a), each state agency shall utilize the most accurate information available or data compiled by the United States Bureau of the Census or the Department of Finance relating to the language characteristics of the population. In the case of a local office of a state agency that services multiple counties, the determination in paragraphs (1) and (2) of subdivision (a) shall be based on the geographic service area of each local office.

SEC. 2.

 Section 7299.6 of the Government Code is amended to read:

7299.6.
 (a) The State Personnel Board shall review the results of the surveys and implementation plans required to be made by Section 7299.4, to better inform the Legislature about the language needs of California residents and the available resources of state agencies to meet those needs. The State Personnel Board shall compile this data, and provide a report to the Legislature every two years.
(b) The report shall do all of the following:
(1) Identify state agencies that are not complying with this chapter.
(2) List state agencies and their respective field office or offices that have staffing deficiencies.
(3) List state agencies that have deficiencies in translated materials.
(4) Present key survey results and implementation plans by state agency and field office.
(5) Identify significant problems or deficiencies and propose solutions where warranted.
(6) Be submitted in compliance with Section 9795.