Section § 7290

Explanation

This law is officially called the Dymally-Alatorre Bilingual Services Act.

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

Section § 7291

Explanation

The law highlights the importance of communication between the government and its people for a healthy democratic society. Many people in California cannot communicate effectively with the government because they don't speak or write English or it’s not their primary language. This language gap means they miss out on services they're entitled to. The purpose of this law is to ensure that all citizens can communicate effectively with government agencies despite language differences.

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.

Section § 7292

Explanation

State agencies in California that frequently interact with people who don't speak English must hire enough bilingual employees. These employees should be in positions where they serve the public to ensure that non-English speakers can access information and services in their own language.

This requirement covers various activities like public safety, state benefits, public program implementation, resource management, public hearings, and other similar contacts with the public. However, the State Compensation Insurance Fund is excluded from this requirement.

(a)CA Government Code § 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)CA Government Code § 7292(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.

Section § 7293

Explanation

This law requires local public agencies that have many non-English speakers to hire enough bilingual staff to communicate effectively with them. The local agency decides what 'many' non-English speakers means and how many bilingual staff are necessary.

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.

Section § 7294

Explanation
State or local government employees cannot be fired just to comply with this chapter. Instead, agencies should meet the requirements by hiring for roles left open due to retirements or regular job turnover.
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.

Section § 7295

Explanation

If a government agency provides materials explaining services to the public, these materials must be translated into any non-English language if a substantial number of the public they serve speak that language. When informing people about the availability of these translated materials, agencies must do so both in English and the other language. Local agencies get to decide when it's necessary to provide these translations.

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.

Section § 7295.2

Explanation

This law requires state agencies in California that serve a lot of non-English-speaking people to provide informational materials in the languages spoken by those people, not just in English. If these materials exist and are available, the agency must also announce their availability in both English and the relevant non-English languages. However, the law doesn't demand exact, word-for-word translations of the English materials.

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.

Section § 7295.4

Explanation

If a state agency in California deals with a substantial number of non-English-speaking people, it must provide written materials in the appropriate non-English language. These materials include forms, applications, or letters that either require information from individuals or provide them with information that impacts their rights or services they receive.

Alternatively, the agency can offer translation aids or guidance by using a bilingual person to help complete forms and understand documents.

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 statewide and 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 statewide and local offices or facilities in completing English forms or questionnaires and in understanding English forms, letters, or notices:
(a)CA Government Code § 7295.4(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)CA Government Code § 7295.4(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)CA Government Code § 7295.4(c) The statewide or local office or facility of the agency with which the individual is dealing, serves a substantial number of non-English-speaking persons.

Section § 7296

Explanation

This law defines a 'qualified bilingual person,' 'qualified bilingual employee,' or 'qualified interpreter' as someone proficient in both English and another language. For state agencies, 'qualified' means one of the following: an employee tested by the Department of Human Resources or another approved testing authority; or an interpreter meeting specific certification standards.

These standards require understanding and conveying terms frequently used in state government. Important interpreter skills include confidentiality, neutrality, and accuracy. Local agencies have the discretion to determine their own ‘qualified’ criteria.

(a)CA Government Code § 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)CA Government Code § 7296(a)(1) A bilingual person or employee who the Department of Human Resources 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)CA Government Code § 7296(a)(2) A bilingual employee who was tested and certified by a state agency or other approved testing authority 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)CA Government Code § 7296(a)(3) An interpreter who has met the testing or certification standards 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)CA Government Code § 7296(b) The determination of what constitutes “qualified” for local agencies, shall be left to the discretion of the local agency.

Section § 7296.2

Explanation

This law explains what is meant by "a substantial number of non-English-speaking people" in certain government sections. It refers to people who either don't speak English at all or find it hard to communicate in English because it's not their first language. These people should make up at least 5% of those served by a state office or agency, whether statewide or locally.

As used in Sections 7292, 7295.2, 7295.4, 7299.3, and 7299.4, 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 the statewide or any local office or facility of a state agency.

Section § 7296.4

Explanation

This law requires state offices and facilities to have enough bilingual staff members in roles that interact with the public to ensure non-English speakers receive the same service as English speakers. For smaller offices with 25 or fewer full-time employees, it's enough to have a sufficient number of bilingual staff or qualified interpreters to provide equivalent service levels to non-English speaking individuals.

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 statewide or 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.

Section § 7297

Explanation

A 'public contact position' is a job within an agency where the main focus is interacting with and handling communications with the public as part of the agency's tasks.

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.

Section § 7298

Explanation

This law means that the rules in this chapter do not apply to school districts, county boards of education, or the office of a county superintendent of schools.

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

Section § 7299

Explanation

This law section states that the act it relates to will only be carried out if there are funds available from local, state, or federal sources. It also needs to comply with federal law and the rules of civil service for state and local agencies.

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.

Section § 7299.1

Explanation

This law allows state agencies to use their current budgets to hire phone interpretation services, besides having bilingual staff in roles that interact with the public. This means they can ensure better communication by using both methods.

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

Section § 7299.2

Explanation

This law section says that the Department of Human Resources must let state agencies know what they need to do under this chapter. It also provides help when requested, with costs to be reimbursed.

The Department of Human Resources 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.

Section § 7299.3

Explanation

By July 1, 2015, any state agency governed by this law must translate complaint forms and procedures into all languages spoken by a significant number of non-English speakers they serve. These forms should be available on the agency's website homepage and also printed for distribution at their offices statewide.

Notwithstanding any other provision of this chapter, by July 1, 2015, a state agency subject to the requirements of this chapter shall translate and make accessible on the homepage of its Internet Web site, forms and processes for submitting complaints of alleged violations of this chapter, as referenced in paragraph (15) of subdivision (b) of Section 7299.4. The forms and processes shall be translated into all languages spoken by a substantial number of non-English-speaking people served by the state agency. Translated copies of the forms shall be printed and made available in the statewide office and any local office or facility of the state agency.

Section § 7299.4

Explanation

This law requires California state agencies to conduct a language survey every two years. Agencies must identify how many bilingual employees they have, how many people need language services, and what languages are spoken by non-English speakers they serve. If translations or staff are lacking, the agency must create a plan to improve. They need to report their findings and plans to the Department of Human Resources by October 1 of even-numbered years. If problems are found, agencies must report progress every six months.

The statute focuses on improving language accessibility, ensuring that state agencies have the necessary bilingual staff and materials to serve non-English speakers effectively. Agencies need to update this plan regularly and consult past survey data to address any deficiencies in their services to non-English-speaking communities.

(a)CA Government Code § 7299.4(a) Notwithstanding any other provision in this chapter, each state agency shall conduct a language survey and develop and update an implementation plan that complies with the requirements of this chapter.
(b)CA Government Code § 7299.4(b) Each agency shall conduct a language survey of each of its statewide and local offices every two years to determine and provide all of the following:
(1)CA Government Code § 7299.4(b)(1) The name, position, and contact information of the employee designated by the agency responsible for complying with this chapter.
(2)CA Government Code § 7299.4(b)(2) The number of public contact positions in each statewide and local office.
(3)CA Government Code § 7299.4(b)(3) The number of qualified bilingual employees in public contact positions in each statewide and local office, and the languages they speak, other than English.
(4)CA Government Code § 7299.4(b)(4) The number and percentage of non-English-speaking people served by each statewide and local office, broken down by native language.
(5)CA Government Code § 7299.4(b)(5) The number of anticipated vacancies in public contact positions.
(6)CA Government Code § 7299.4(b)(6) 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.
(7)CA Government Code § 7299.4(b)(7) 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.
(8)CA Government Code § 7299.4(b)(8) A list of materials identified in paragraph (7) that have been translated and languages into which they have been translated.
(9)CA Government Code § 7299.4(b)(9) The number of additional qualified bilingual public contact staff, if any, needed at each statewide and local office to comply with this chapter.
(10)CA Government Code § 7299.4(b)(10) A detailed description of the agency’s procedures for identifying written materials that are required to be translated.
(11)CA Government Code § 7299.4(b)(11) Each agency shall calculate the percentage of non-English-speaking people served by each statewide and local office by rounding the percentage arrived at to the nearest whole percentage point.
(12)CA Government Code § 7299.4(b)(12) A detailed description of the agency’s procedures for identifying language needs at statewide and local offices and assigning qualified bilingual staff to those offices.
(13)CA Government Code § 7299.4(b)(13) A detailed description of how the agency recruits qualified bilingual staff in statewide and local offices.
(14)CA Government Code § 7299.4(b)(14) A detailed description of any training the agency provides to its staff on the provision of services to non- or limited-English-speaking individuals, frequency of training, and date of most recent training.
(15)CA Government Code § 7299.4(b)(15) A detailed description of complaints regarding language access received by the agency and the agency’s procedures for accepting and resolving complaints of an alleged violation due to failure to make available translated documents or provide interpreter service through bilingual staff or contract services.
(16)CA Government Code § 7299.4(b)(16) A detailed description of how the agency complies with any federal or other state laws that require the provision of linguistically accessible services to the public.
(17)CA Government Code § 7299.4(b)(17) Any other relevant information requested by the Department of Human Resources.
(c)CA Government Code § 7299.4(c) The language survey results and any additional information requested shall be reported in the form and at the time required by the Department of Human Resources, and delivered to the department not later than October 1 of every even-numbered year.
(d)CA Government Code § 7299.4(d) Every odd-numbered year, each agency that served a substantial number of non-English-speaking people shall develop an implementation plan that provides 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 statewide and local offices, the proposed actions to be taken to address the deficiencies, and the proposed dates by when the deficiencies will be remedied.
(e)CA Government Code § 7299.4(e) In developing its implementation plan, each state agency may rely upon data gathered from its most recent language survey.
(f)CA Government Code § 7299.4(f) Each state agency shall submit its implementation plan to the Department of Human Resources no later than October 1 of each applicable year. The Department of Human Resources shall review each implementation plan, and, if it determines that the implementation plan fails to address the identified deficiencies, 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 Department of Human Resources every six months on its progress in addressing the identified deficiencies.
(g)CA Government Code § 7299.4(g) If the Department of Human Resources determines that a state agency has not made reasonable progress toward complying with this chapter, the department shall issue orders that it deems appropriate to effectuate the purposes of this chapter.

Section § 7299.5

Explanation

This law allows the California Department of Human Resources to exempt certain state agencies from having to meet language access requirements if specific conditions are met. The exemptions can be granted if an agency's main role isn't about providing information or services to the public, or if the agency interacts so little with non-English speakers that they don't need bilingual staff and have fewer than 25 public contact employees.

To obtain an exemption, an agency must request it from the Department of Human Resources and get written approval. Exemptions can last up to five survey cycles if the agency can prove it meets the necessary criteria and submits all needed documentation.

The Department of Human Resources may exempt state agencies from the requirements of Section 7299.4, where it determines that any of the following conditions apply:
(a)CA Government Code § 7299.5(a) The agency’s primary mission does not include responsibility for furnishing information or rendering services to the public.
(b)CA Government Code § 7299.5(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 petition the Department of Human Resources for the exemption and receive approval in writing by the date established by the department. An agency may receive an exemption for up to five survey cycles, if it demonstrates that it meets the requirements of subdivision (a) or (b), and provides all required documentation to the Department of Human Resources.

Section § 7299.6

Explanation

This law requires the Department of Human Resources to review survey results and implementation plans as outlined in another section. Every two years, they must compile this data and report back to the Legislature, highlighting any major issues and suggesting solutions.

The Department of Human Resources 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.

Section § 7299.7

Explanation

Starting January 1, 2025, if there's an emergency in a local area where 5% or more of the people speak English less than very well and also speak another language, the local agency must provide emergency information in English and those other languages. Each local agency must determine which languages are needed using data from the American Community Survey or similar sources by January 1, 2025, and update this information every five years.

The agency must ensure translated information is just as clear and timely as it is for English speakers. Agencies should, where feasible, use community members who are fluently bilingual for translation. Beginning January 1, 2027, the Office of Planning and Research will check in every three years to ensure local agencies comply and report back to the legislature.

An "emergency" refers to urgent situations risking serious harm or casualties, and emergency services include police, fire, or medical services. This section doesn't change a local agency's duties under the California Emergency Services Act.

(a)CA Government Code § 7299.7(a) Notwithstanding any other provision of this chapter, and commencing January 1, 2025, in the event of an emergency within the jurisdiction of a local agency that provides emergency response services and that serves a population within which 5 percent or more of the people speak English less than “very well” according to data from the American Community Survey and jointly speak a language other than English, the local agency shall provide information related to the emergency in English and in all languages spoken jointly by the 5 percent or more of the population that speaks English less than “very well.”
(b)Copy CA Government Code § 7299.7(b)
(1)Copy CA Government Code § 7299.7(b)(1) By January 1, 2025, each local agency shall use data from the American Community Survey or data from an equally reliable source to determine which languages meet the requirements of subdivision (a) in the local agency’s jurisdiction.
(2)CA Government Code § 7299.7(b)(2) Each local agency shall reassess the data every five years to ensure that the language or languages in which the local agency provides information are consistent with the requirements of subdivision (a).
(c)CA Government Code § 7299.7(c) A local agency providing information pursuant to this section shall do both of the following:
(1)CA Government Code § 7299.7(c)(1) Ensure that the quality of information translated and provided to individuals that speak English less than “very well” is as comprehensive, actionable, and timely as the information provided to English-speaking persons.
(2)CA Government Code § 7299.7(c)(2) Endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that speak English less than “very well” using, whenever feasible, native speakers of the relevant languages who also speak English fluently.
(d)CA Government Code § 7299.7(d) Commencing January 1, 2027, the Office of Planning and Research shall survey a sample of local agencies every three years to determine the extent to which local agencies are complying with the requirements of this section and shall report the findings to the Legislature pursuant to Section 9795.
(e)CA Government Code § 7299.7(e) For purposes of this section, the following definitions apply:
(1)CA Government Code § 7299.7(e)(1) “Emergency” means a situation that calls for immediate action to respond to the threat of serious harm or mass casualties, including conditions of natural disaster or conditions posing extreme peril to the safety of persons and property in the territorial limits of the local agency.
(2)CA Government Code § 7299.7(e)(2) “Emergency response services” means police, fire, or emergency medical services.
(3)CA Government Code § 7299.7(e)(3) “Local agency” means a city, county, city and county, or a department of a city or county.
(f)CA Government Code § 7299.7(f) This section does not relieve a local agency of its responsibilities under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2).

Section § 7299.8

Explanation

This law clarifies that creating bilingual roles or using interpreters is not mandatory if less than 5 percent of people served don't speak English or can't communicate well. This statute also states that not every public-facing job must be filled by a bilingual person.

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.