SENATE JOINT MEMORIAL 10

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Mimi Stewart

A JOINT MEMORIAL

REQUESTING THE DEPARTMENT OF HEALTH TO CONVENE A LANGUAGE ACCESS TASK FORCE THAT INCLUDES REPRESENTATIVES FROM THE HUMAN SERVICES DEPARTMENT, THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT, THE AGING AND LONG-TERM SERVICES DEPARTMENT, THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF FINANCE AND ADMINISTRATION AND COMMUNITY-BASED ORGANIZATIONS REPRESENTING DIVERSE POPULATIONS TO ENSURE THAT ALL STATE AGENCIES ARE IMPLEMENTING POLICIES AND PLANS TO PROVIDE FULL AND MEANINGFUL ACCESS TO STATE PROGRAMS AND ACTIVITIES FOR NEW MEXICO RESIDENTS WHO HAVE LIMITED PROFICIENCY IN ENGLISH.

     WHEREAS, New Mexico is one of five majority-minority states with a rich and diverse population representing various racial and ethnic groups, including emerging Asian, African, Central American, Latino and Middle Eastern populations; and

     WHEREAS, eliminating language, service and other barriers for all New Mexico residents will help end discriminatory practices toward New Mexicans who have limited proficiency in English, a goal that has not yet been achieved; and

     WHEREAS, true and equitable access to systems such as health care, law enforcement and social service programs creates a healthier New Mexico community overall; and

     WHEREAS, statewide implementation of limited English-proficiency plans will increase the appropriate use of interpreters and translators, thereby improving access toward equitable and quality services for all New Mexicans; and

     WHEREAS, New Mexico has the opportunity to become a national leader in improving access to services for persons with limited proficiency in English; and

     WHEREAS, New Mexico affirms its commitment to Title 6 of the Civil Rights Act of 1964, which protects people from discrimination based on race, color or national origin in programs or activities that receive federal financial assistance; and

     WHEREAS, supporting new arrivals to New Mexico, who may have limited proficiency in English, and helping them integrate quickly and start using their education, skills and labor will benefit the state and local economies; and

     WHEREAS, the president's Executive Order 13166 requires all federal agencies to develop plans to ensure that persons who have limited proficiency in English have meaningful access to federal programs and activities; and

     WHEREAS, the points discussed in this memorial were also detailed in Senate Memorial 59, introduced and unanimously passed by the New Mexico senate in 2015, and in which the senate resolved that the governor be encouraged to issue an executive order requiring all state agencies to develop and implement policies and plans to ensure that New Mexico residents who have limited proficiency in English have full and meaningful access to state programs and activities;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of health be requested to partner with the human services department, the children, youth and families department, the aging and long-term services department, the department of public safety, the department of finance and administration and community-based organizations representing diverse racial and ethnic populations to form a task force to lead the effort of:

          A. developing a limited-English-proficiency policy as a model for state agencies; and

          B. enforcing the limited-English-proficiency policies of state agencies and documenting best practices for all state agencies to follow because of the crucial role language and culture play in health care, law enforcement and social service programs for all New Mexicans; and

     BE IT FURTHER RESOLVED that the task force make recommendations to the governor of a model policy and plan to be adopted by state agencies; and

     BE IT FURTHER RESOLVED that upon approval of each state agency's policy and plan by the governor's office or other agency designated by the governor, those state agencies implement their policies and plans on the principles of nondiscrimination and inclusion embodied in Title 6 of the Civil Rights Act of 1964; and

     BE IT FURTHER RESOLVED that each state agency allocate a reasonable percentage of its operational budget to ensure equitable and quality access to its programs and activities to New Mexicans who have limited proficiency in English, including the availability of interpretation and translation support; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the chairs of the legislative health and human services committee and the legislative finance committee and the secretaries of health; human services; children, youth and families; aging and long-term services; public safety; and finance and administration.

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