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2004 SESSION
041738142
[ Whereas, the 2000 United States Census recorded 570,279 foreign-born
residents in the Commonwealth, representing more than eight percent of the state's
overall population; and
Whereas, between 1990 and 2000 the share of non-English speakers at home in the
Commonwealth increased by nearly half, from 7.3 percent to 10.8 percent; and
Whereas, Title VI of the Civil Rights Act of 1964 (“Title VI”) prohibits
recipients of federal funds from discriminating against individuals on the basis of race, color,
or national origin, which has been interpreted to require meaningful access to
information and services for limited English-speaking individuals; and
Whereas, federal guidance makes clear that, even in jurisdictions in which
English has been declared the official language – as in Virginia – federal fund
recipients must still ensure compliance with Title VI; and
Whereas, a recent Joint Legislative Audit and Review Commission (JLARC) report
titled “Acclimation of Virginia’s Foreign-Born Population” found that the
language barrier is the greatest challenge to foreign-born residents and their
acclimation into the Commonwealth's economic and social structures, and that
approaches taken to accommodate the language needs of this population segment
by individual state and local government agencies have varied from comprehensive to
minimal; and
Whereas, the JLARC report further found that state and local agencies lack a
coordinated approach to addressing the language barrier, resulting in inefficiencies
and excessive costs, for example through duplicative written translations,
development of multiple telephone interpreter contracts, etc., and that
policies addressing the language barrier are needed to ensure compliance with
federal Title VI requirements and more cost-effective use of available
resources; and
Whereas, in light of Title VI requirements, a review of government policies and
strategies is needed to determine how to provide meaningful access to information
and services for Virginia’s limited English-speaking residents in the most
cost-effective manner possible; now, therefore, ]
Be it enacted by the General Assembly of Virginia:
1. § 1. The Department of General Services shall, in coordination with the Secretary of Health and Human Services, establish a statewide contract for telephonic language interpretation services and other interpretation and translation services to Virginia’s limited English-speaking residents, if it determines that such a contract is cost-effective.