HF 2673

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; changing the 
  1.3             communications services law; amending Minnesota 
  1.4             Statutes 1994, section 15.441. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 15.441, is 
  1.7   amended to read: 
  1.8      15.441 [COMMUNICATIONS SERVICES.] 
  1.9      Subdivision 1.  [STATE AGENCIES; BILINGUAL 
  1.10  EMPLOYEES NON-ENGLISH-SPEAKING PEOPLE.] Every state agency that 
  1.11  is directly involved in furnishing information or rendering 
  1.12  services to the public and that serves a substantial number of 
  1.13  non-English-speaking people shall employ enough qualified 
  1.14  bilingual persons in public contact positions, or enough 
  1.15  interpreters to assist those in these positions, to ensure 
  1.16  provision of information and services in the language spoken by 
  1.17  a substantial number of non-English-speaking people. 
  1.18     The commissioner of administration shall determine the 
  1.19  application of this section to each state agency, in 
  1.20  consultation with the council on affairs of Spanish-speaking 
  1.21  people, groups representing other non-English-speaking people, 
  1.22  and the head of the agency.  In determining what constitutes a 
  1.23  substantial number of non-English-speaking people, the 
  1.24  commissioner shall consider: 
  1.25     (1) the number of people served by the agency; 
  2.1      (2) the number of non-English-speaking people served by the 
  2.2   agency; 
  2.3      (3) the frequency with which non-English-speaking people 
  2.4   are served by the agency; and 
  2.5      (4) the extent to which information or services rendered by 
  2.6   the agency affect legal rights, privileges, or duties. or in the 
  2.7   enforcement of state laws shall identify the languages of the 
  2.8   non-English-speaking people it most frequently serves.  Each 
  2.9   state agency shall appoint a person within the agency to serve 
  2.10  as a liaison between the agency and the non-English-speaking 
  2.11  communities in Minnesota.  The appointed liaison shall work in 
  2.12  cooperation with the council on Asian-Pacific Minnesotans, the 
  2.13  council on Black Minnesotans, the council on Indian Affairs, the 
  2.14  Spanish-Speaking Affairs council, and other organizations that 
  2.15  represent non-English-speaking people, to identify the languages 
  2.16  of non-English-speaking people most frequently served by the 
  2.17  agency. 
  2.18     Subd. 2.  [COMMUNICATIONS SERVICES PLAN; BILINGUAL 
  2.19  EMPLOYEES; INTERPRETERS; TRANSLATIONS OF MATERIALS EXPLAINING 
  2.20  AGENCY SERVICES.] Every state agency that serves a substantial 
  2.21  number of non-English-speaking people and that provides 
  2.22  materials in English explaining services is encouraged to 
  2.23  provide equivalent materials in any non-English language spoken 
  2.24  by a substantial number of the people served by the agency.  An 
  2.25  agency should give highest priority to providing in a 
  2.26  non-English language materials that notify people of legal 
  2.27  rights, duties, or privileges they are entitled to, and the 
  2.28  steps they must take to obtain or maintain those rights, duties, 
  2.29  or privileges.  When notice of the availability of material 
  2.30  explaining services available is given, orally or in writing, it 
  2.31  should be given in English and the non-English language into 
  2.32  which any material has been translated. is directly involved in 
  2.33  furnishing information or rendering services to the public or in 
  2.34  the enforcement of state laws shall develop a communication 
  2.35  services plan for implementing the requirements in paragraphs 
  2.36  (a) to (c).  The plan must indicate the current status of the 
  3.1   agency's compliance with each requirement. 
  3.2      (a) Each agency shall identify the languages of the 
  3.3   non-English-speaking persons it most frequently serves. 
  3.4      (b) Each agency shall employ or contract with enough 
  3.5   qualified bilingual persons in public contact positions, or 
  3.6   interpreters or interpretive services to assist persons in these 
  3.7   positions, to ensure access to and provision of information and 
  3.8   services in the languages identified by the state agency in 
  3.9   compliance with subdivision 1.  Persons in public contact 
  3.10  positions include but are not limited to persons employed by the 
  3.11  state agency to conduct investigations and inspections for the 
  3.12  purpose of enforcing state laws. 
  3.13     (c) Each agency that provides or otherwise publishes the 
  3.14  following materials in English shall make available upon request 
  3.15  equivalent material in the languages identified by the state 
  3.16  agency in compliance with subdivision 1.  When notice of the 
  3.17  availability of the following materials is given, orally or in 
  3.18  writing, it must be given in English and the non-English 
  3.19  languages into which the materials have been translated: 
  3.20     (1) materials that notify people of their rights, duties, 
  3.21  or privileges; 
  3.22     (2) materials that notify people of the action they must 
  3.23  take to obtain rights, duties, and privileges; and 
  3.24     (3) forms, applications, questionnaires, letters, or 
  3.25  notices that are used by the state agency to ask or order a 
  3.26  person to provide information or to give a person information 
  3.27  regarding rights, duties, or privileges. 
  3.28     Subd. 3.  [TRANSLATED MATERIALS FOR LOCAL OFFICES 
  3.29  SUBMISSION OF AGENCY PLANS.] A state agency is encouraged to 
  3.30  provide its local offices with written materials in the 
  3.31  appropriate foreign language when: 
  3.32     (1) the local office or facility serves a substantial 
  3.33  number of non-English-speaking people; 
  3.34     (2) written materials such as forms, applications, 
  3.35  questionnaires, letters, or notices are used to ask or order a 
  3.36  person to provide information or to give a person information; 
  4.1   and 
  4.2      (3) the information asked for or given could affect the 
  4.3   person's rights, duties, or privileges with regard to the 
  4.4   agency's services or benefits. By September 1, 1996, each state 
  4.5   agency covered by this section shall submit to the commissioner 
  4.6   of administration and the attorney general for review and 
  4.7   comment its communication services plan which addresses the 
  4.8   requirements of subdivision 2. 
  4.9      Subd. 4.  [LIMITATIONS REPORT.] (a) A state agency may not 
  4.10  dismiss an employee or increase its complement to carry out the 
  4.11  purposes of this section.  A state agency need only implement 
  4.12  this section by filling employee public contact positions made 
  4.13  vacant by retirement or normal attrition. 
  4.14     (b) This section shall be implemented to the extent 
  4.15  permissible under federal law, civil service laws governing 
  4.16  state agencies, and collective bargaining agreements. The 
  4.17  commissioner of administration and the attorney general shall 
  4.18  report their review and comment on the agency communication 
  4.19  services plans to the legislature on or before January 15, 1997.