PRINTER'S NO. 1475
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1241
Session of
2017
INTRODUCED BY DAWKINS, CALTAGIRONE, BULLOCK AND KINSEY,
APRIL 18, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 18, 2017
AN ACT
Requiring State agencies to establish language access plans.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the State Agency
Language Access Plan Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) The inability to speak, understand or read the
English language is a barrier that prevents access to public
services provided by State departments, agencies and
programs.
(2) The public services available through these entities
are essential to the welfare of Pennsylvania residents.
(3) It is the intent of the General Assembly to ensure
that State departments, agencies and programs provide equal
access to public services for individuals with limited
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English proficiency.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Equal access." The ability to be informed of, participate
in and benefit from public services offered by a State
department, agency or program at a level equal to English-
proficient individuals.
"Language access plan." A written plan that identifies the
languages spoken by at least 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 that demonstrates
the steps that will be taken to provide meaningful language
access to populations with limited English proficiency.
"Limited English proficiency." The inability to adequately
understand or express oneself in the spoken or written English
language.
"Oral language services." Methods to provide verbal
information and interpretation, including, but not limited to,
staff interpreters, bilingual staff, telephone interpreter
programs and private interpreter programs.
"Program." The operations of a State agency.
"Secretary." The Secretary of Administration of the
Commonwealth.
"State agency." A department, agency, board, commission or
office of the Commonwealth, including the Auditor General,
Attorney General and State Treasurer.
"Vital documents." Applications or informational materials,
notices and complaint forms offered by State agencies.
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Section 4. Language access plans.
(a) Duty to establish.--The Senate, the House of
Representatives and a State agency shall create a language
access plan that demonstrates reasonable steps that will be
taken to provide equal access to public services for individuals
with limited English proficiency.
(b) Reasonable steps.--Reasonable steps include, but are not
limited to:
(1) The provision of oral language services for
individuals with limited English proficiency, which services
must be 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) The translation of vital documents ordinarily
provided to the public into any language spoken by a limited
English proficient population that constitutes 3% of the
overall population within the geographic area served by a
local office of a State program or a member of the Senate or
the House of Representatives as measured by the United States
Census.
(3) The provision of vital documents translated under
paragraph (2) on a Statewide basis to local offices as
necessary.
(4) Additional methods or means necessary to achieve
equal access to public services.
Section 5. Publication.
(a) Submission to secretary.--
(1) Each State agency, except the Auditor General,
Attorney General and State Treasurer, shall submit its
language access plan to the secretary within six months of
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the effective date of this section.
(2) The secretary shall provide central coordination and
technical assistance to aid compliance with this section.
(3) The secretary shall publish the language access
plans on a publicly accessible Internet website.
(b) Other agencies.--The Auditor General, Attorney General,
State Treasurer, Senate and House of Representatives shall
develop a language access plan and publish the language access
plan on a publicly accessible Internet website within six months
of the effective date of this section.
(c) Implementation.--Language access plans published under
this section shall be implemented within one year of
publication.
(d) Biennial review.--A language access plan published under
subsection (a) shall be reviewed and resubmitted every two years
based on a schedule determined by the secretary.
Section 6. Municipalities.
(a) General rule.--A municipality may adopt a language
access plan.
(b) Duty of Governor's Center for Local Government
Services.--The Governor's Center for Local Government Services
shall assist municipalities in drafting and implementing
language access plans under this act.
Section 7. Effective date.
This act shall take effect immediately.
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