Amended IN Senate July 06, 2023 Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1638Introduced by Assembly Member Mike FongFebruary 17, 2023An act to add Section 7299.7 to the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTAB 1638, as amended, Mike Fong. Local government: use of a foreign language.Existing law requires every local public agency that serves a substantial number of non-English-speaking people to employ a sufficient number of qualified bilingual persons in public contact positions or as interpreters to ensure provision of information and services in the language of the non-English-speaking person. Existing law requires that 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.This bill would require, commencing January 1, 2025, in the event of an emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10% 5% or more of the people primarily and jointly speak in common a language other than English, that the local public agency provide information related to the emergency in English and in the language spoken by the 10% all languages spoken jointly and in common by 5% or more of the population that does not primarily speak English. The bill would require local agencies to conduct an initial assessment by January 1, 2025, as specified, to determine which languages are spoken jointly and in common by 5% or more of the resident population in its jurisdiction. The bill would impose various requirements on the manner in which information is provided in languages other than English. The bill would also require the Office of Planning and Research to survey a sample of local agencies every 3 years to determine compliance with these requirements and to report its findings to the Legislature. Because the bill would require local public agencies to provide a higher level of service, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7299.7 is added to the Government Code, immediately preceding Section 7299.8, to read:7299.7. (a) Notwithstanding any other provision of this chapter, and commencing January 1, 2025, in the event of an emergency, as defined in Section 11342.545, emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10 5 percent or more of the people primarily and jointly speak in common a language other than English, the local public agency shall provide information related to the emergency in English and in the language spoken by the 10 all languages spoken jointly and in common by 5 percent or more of the population that does not primarily speak English.(b) By January 1, 2025, each local agency shall conduct an initial data-driven, evidence-based needs assessment to determine which languages are spoken jointly and in common by 5 percent or more of the resident population in the local agencys jurisdiction using American Community Survey data or data from an equally reliable source.(c) A local agency providing information pursuant to this section shall do both of the following:(1) Ensure that the quality of information translated and provided to individuals primarily speaking a language other than English is as comprehensive, actionable, and timely as the information provided to English-speaking persons.(2) Endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that primarily and jointly speak in common a language other than English using, whenever feasible, native speakers of the relevant languages who also speak English fluently.(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) For purposes of this section, 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.(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).SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Senate July 06, 2023 Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1638Introduced by Assembly Member Mike FongFebruary 17, 2023An act to add Section 7299.7 to the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTAB 1638, as amended, Mike Fong. Local government: use of a foreign language.Existing law requires every local public agency that serves a substantial number of non-English-speaking people to employ a sufficient number of qualified bilingual persons in public contact positions or as interpreters to ensure provision of information and services in the language of the non-English-speaking person. Existing law requires that 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.This bill would require, commencing January 1, 2025, in the event of an emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10% 5% or more of the people primarily and jointly speak in common a language other than English, that the local public agency provide information related to the emergency in English and in the language spoken by the 10% all languages spoken jointly and in common by 5% or more of the population that does not primarily speak English. The bill would require local agencies to conduct an initial assessment by January 1, 2025, as specified, to determine which languages are spoken jointly and in common by 5% or more of the resident population in its jurisdiction. The bill would impose various requirements on the manner in which information is provided in languages other than English. The bill would also require the Office of Planning and Research to survey a sample of local agencies every 3 years to determine compliance with these requirements and to report its findings to the Legislature. Because the bill would require local public agencies to provide a higher level of service, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate July 06, 2023 Amended IN Assembly March 23, 2023
Amended IN Senate July 06, 2023
Amended IN Assembly March 23, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1638
Introduced by Assembly Member Mike FongFebruary 17, 2023
Introduced by Assembly Member Mike Fong
February 17, 2023
An act to add Section 7299.7 to the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1638, as amended, Mike Fong. Local government: use of a foreign language.
Existing law requires every local public agency that serves a substantial number of non-English-speaking people to employ a sufficient number of qualified bilingual persons in public contact positions or as interpreters to ensure provision of information and services in the language of the non-English-speaking person. Existing law requires that 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.This bill would require, commencing January 1, 2025, in the event of an emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10% 5% or more of the people primarily and jointly speak in common a language other than English, that the local public agency provide information related to the emergency in English and in the language spoken by the 10% all languages spoken jointly and in common by 5% or more of the population that does not primarily speak English. The bill would require local agencies to conduct an initial assessment by January 1, 2025, as specified, to determine which languages are spoken jointly and in common by 5% or more of the resident population in its jurisdiction. The bill would impose various requirements on the manner in which information is provided in languages other than English. The bill would also require the Office of Planning and Research to survey a sample of local agencies every 3 years to determine compliance with these requirements and to report its findings to the Legislature. Because the bill would require local public agencies to provide a higher level of service, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires every local public agency that serves a substantial number of non-English-speaking people to employ a sufficient number of qualified bilingual persons in public contact positions or as interpreters to ensure provision of information and services in the language of the non-English-speaking person. Existing law requires that 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.
This bill would require, commencing January 1, 2025, in the event of an emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10% 5% or more of the people primarily and jointly speak in common a language other than English, that the local public agency provide information related to the emergency in English and in the language spoken by the 10% all languages spoken jointly and in common by 5% or more of the population that does not primarily speak English. The bill would require local agencies to conduct an initial assessment by January 1, 2025, as specified, to determine which languages are spoken jointly and in common by 5% or more of the resident population in its jurisdiction. The bill would impose various requirements on the manner in which information is provided in languages other than English. The bill would also require the Office of Planning and Research to survey a sample of local agencies every 3 years to determine compliance with these requirements and to report its findings to the Legislature. Because the bill would require local public agencies to provide a higher level of service, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 7299.7 is added to the Government Code, immediately preceding Section 7299.8, to read:7299.7. (a) Notwithstanding any other provision of this chapter, and commencing January 1, 2025, in the event of an emergency, as defined in Section 11342.545, emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10 5 percent or more of the people primarily and jointly speak in common a language other than English, the local public agency shall provide information related to the emergency in English and in the language spoken by the 10 all languages spoken jointly and in common by 5 percent or more of the population that does not primarily speak English.(b) By January 1, 2025, each local agency shall conduct an initial data-driven, evidence-based needs assessment to determine which languages are spoken jointly and in common by 5 percent or more of the resident population in the local agencys jurisdiction using American Community Survey data or data from an equally reliable source.(c) A local agency providing information pursuant to this section shall do both of the following:(1) Ensure that the quality of information translated and provided to individuals primarily speaking a language other than English is as comprehensive, actionable, and timely as the information provided to English-speaking persons.(2) Endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that primarily and jointly speak in common a language other than English using, whenever feasible, native speakers of the relevant languages who also speak English fluently.(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) For purposes of this section, 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.(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).SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 7299.7 is added to the Government Code, immediately preceding Section 7299.8, to read:7299.7. (a) Notwithstanding any other provision of this chapter, and commencing January 1, 2025, in the event of an emergency, as defined in Section 11342.545, emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10 5 percent or more of the people primarily and jointly speak in common a language other than English, the local public agency shall provide information related to the emergency in English and in the language spoken by the 10 all languages spoken jointly and in common by 5 percent or more of the population that does not primarily speak English.(b) By January 1, 2025, each local agency shall conduct an initial data-driven, evidence-based needs assessment to determine which languages are spoken jointly and in common by 5 percent or more of the resident population in the local agencys jurisdiction using American Community Survey data or data from an equally reliable source.(c) A local agency providing information pursuant to this section shall do both of the following:(1) Ensure that the quality of information translated and provided to individuals primarily speaking a language other than English is as comprehensive, actionable, and timely as the information provided to English-speaking persons.(2) Endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that primarily and jointly speak in common a language other than English using, whenever feasible, native speakers of the relevant languages who also speak English fluently.(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) For purposes of this section, 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.(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 1. Section 7299.7 is added to the Government Code, immediately preceding Section 7299.8, to read:
### SECTION 1.
7299.7. (a) Notwithstanding any other provision of this chapter, and commencing January 1, 2025, in the event of an emergency, as defined in Section 11342.545, emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10 5 percent or more of the people primarily and jointly speak in common a language other than English, the local public agency shall provide information related to the emergency in English and in the language spoken by the 10 all languages spoken jointly and in common by 5 percent or more of the population that does not primarily speak English.(b) By January 1, 2025, each local agency shall conduct an initial data-driven, evidence-based needs assessment to determine which languages are spoken jointly and in common by 5 percent or more of the resident population in the local agencys jurisdiction using American Community Survey data or data from an equally reliable source.(c) A local agency providing information pursuant to this section shall do both of the following:(1) Ensure that the quality of information translated and provided to individuals primarily speaking a language other than English is as comprehensive, actionable, and timely as the information provided to English-speaking persons.(2) Endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that primarily and jointly speak in common a language other than English using, whenever feasible, native speakers of the relevant languages who also speak English fluently.(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) For purposes of this section, 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.(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).
7299.7. (a) Notwithstanding any other provision of this chapter, and commencing January 1, 2025, in the event of an emergency, as defined in Section 11342.545, emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10 5 percent or more of the people primarily and jointly speak in common a language other than English, the local public agency shall provide information related to the emergency in English and in the language spoken by the 10 all languages spoken jointly and in common by 5 percent or more of the population that does not primarily speak English.(b) By January 1, 2025, each local agency shall conduct an initial data-driven, evidence-based needs assessment to determine which languages are spoken jointly and in common by 5 percent or more of the resident population in the local agencys jurisdiction using American Community Survey data or data from an equally reliable source.(c) A local agency providing information pursuant to this section shall do both of the following:(1) Ensure that the quality of information translated and provided to individuals primarily speaking a language other than English is as comprehensive, actionable, and timely as the information provided to English-speaking persons.(2) Endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that primarily and jointly speak in common a language other than English using, whenever feasible, native speakers of the relevant languages who also speak English fluently.(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) For purposes of this section, 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.(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).
7299.7. (a) Notwithstanding any other provision of this chapter, and commencing January 1, 2025, in the event of an emergency, as defined in Section 11342.545, emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10 5 percent or more of the people primarily and jointly speak in common a language other than English, the local public agency shall provide information related to the emergency in English and in the language spoken by the 10 all languages spoken jointly and in common by 5 percent or more of the population that does not primarily speak English.(b) By January 1, 2025, each local agency shall conduct an initial data-driven, evidence-based needs assessment to determine which languages are spoken jointly and in common by 5 percent or more of the resident population in the local agencys jurisdiction using American Community Survey data or data from an equally reliable source.(c) A local agency providing information pursuant to this section shall do both of the following:(1) Ensure that the quality of information translated and provided to individuals primarily speaking a language other than English is as comprehensive, actionable, and timely as the information provided to English-speaking persons.(2) Endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that primarily and jointly speak in common a language other than English using, whenever feasible, native speakers of the relevant languages who also speak English fluently.(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) For purposes of this section, 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.(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).
7299.7. (a) Notwithstanding any other provision of this chapter, and commencing January 1, 2025, in the event of an emergency, as defined in Section 11342.545, emergency within the jurisdiction of a local public agency that provides emergency response services and that serves a population within which 10 5 percent or more of the people primarily and jointly speak in common a language other than English, the local public agency shall provide information related to the emergency in English and in the language spoken by the 10 all languages spoken jointly and in common by 5 percent or more of the population that does not primarily speak English.
(b) By January 1, 2025, each local agency shall conduct an initial data-driven, evidence-based needs assessment to determine which languages are spoken jointly and in common by 5 percent or more of the resident population in the local agencys jurisdiction using American Community Survey data or data from an equally reliable source.
(c) A local agency providing information pursuant to this section shall do both of the following:
(1) Ensure that the quality of information translated and provided to individuals primarily speaking a language other than English is as comprehensive, actionable, and timely as the information provided to English-speaking persons.
(2) Endeavor to utilize community members with the cultural competencies and language skills necessary to effectively communicate with those that primarily and jointly speak in common a language other than English using, whenever feasible, native speakers of the relevant languages who also speak English fluently.
(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) For purposes of this section, 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.
(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).
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.