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I_LAAB_2024A 10/22/2024 09:06:51 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
INTERIM COMMITTEE  LANGUAGE ACCESS ADVISORY BOARD
Date 10/22/2024
Attendance
Bradfield X
Giovanna Carriero-Contreras *
Natalie Castle X
Christy Chase X
Lindsay X
Felix Lopez X
Rich X
Ivon Romo *
Rudy Santos X
Jose Torres *
Gonzales X
Rutinel X
Time 09:06:51 AM to 12:34:17 PM
Place SCR 357
This Meeting was called to order by Rutinel
This Report was prepared by Julia Jackson
Hearing Items Action Taken
Language Access in the Colorado Blue Book Committee Discussion Only
Language Access for Election Materials in Colorado Committee Discussion Only
Public Testimony Committee Discussion Only
The Role of AI in Translation and Interpretation Committee Discussion Only
Committee Discussion on Recommendations Committee Discussion Only

Language Access in the Colorado Blue Book - Committee Discussion Only


09:08:49 AM  
Julia Jackson, Legislative
Council Staff (LCS), began her presentation on Language Access in the Colorado
Blue Book. Slides for this presentation are available as Attachment A.
She discussed the constitutional and statutory laws that require certain
information in the book. She discussed the process of dividing the book
into regions in a judicial election year. All blue book materials are also
available online, and every associated document that is posted online is
also translated into Spanish.
09:13:51 AM  
Ms. Jackson explained
the history of Blue Book mailing and the various methods LCS has used to
distribute the booklet in Spanish. She provided an overview of Section
203 of the Voting Rights Act (VRA), and how it is used to determine where
to distribute ballot information in Spanish. The VRA has a formula for
determining when a jurisdiction is covered. The Spanish covered counties
since 2021 are Adams, Alamosa, Conejos, Costilla, Denver, and Saguache.
La Plata and Montezuma counties are designated for Ute language coverage,
which is provided orally by those counties. VRA determinations are updated
every five years.
09:18:46 AM  
Ms. Jackson discussed
House Bill 21-1011, which created a multi-lingual ballot hotline at the
Secretary of State's office and set a new state formula for language coverage.
However, the bill did not impact the ballot information booklet or newspaper
publication. The state formula covers Spanish in 20 counties, including
the 6 VRA counties. Ms. Jackson also explained the constitutional requirement
that LCS print the text and titles of statewide ballot measures in newspapers,
which cost about $775,000 in 2024. In 2024, the cost for the Blue Book
was $2.6 million. She explained the additional costs of a bilingual booklet,
as well as publication constraints.
09:24:52 AM  
Ms. Jackson highlighted
comparisons from Arizona, California, Oregon, and Washington. By and large,
these other states mail language materials through various systems, such
as upon request or through a checkbox on voter registration materials.
Ms. Jackson concluded her presentation with questions from the committee,
including questions about where bilingual books are mailed, expanding to
additional counties, what information could potentially only be published
online, how to more closely review translations, and what advice the committee
would give if additional languages were covered.
09:28:57 AM  
Committee discussion
ensued. Commissioner Lopez discussed the possibility of restricting printed
materials to upon request, primarily for the cost consideration and because
it is what other similar states do. Ms. Carriero-Contreras inquired about
translation costs, and potential costs of expanding to other languages,
as well as questions about the Ute language, and the SOS multilingual hotline.
Senator Rich asked a question about data on voters that use a language
other than English. Ms. Jackson deferred to the Secretary of State and
other future presenters. Representative Lindsay asked for additional research
on the California model of providing a checkbox on voter registration.
Chair Rutinel asked if there is any data on satisfaction rates of consumers
using these ballot materials in other states.
09:36:04 AM  
Representative Lindsay
and Senator Gonzales discussed their appreciation for the printed Blue
Book. Senator Gonzales asked, in regards to HB21-1011, what resources are
available to a voter with a disability or different communication mode.
Ms. Jackson highlighted the Talking Book Library's work to read the Blue
Book aloud as well as the accessibility features available at Voter Service
and Polling Centers.



Language Access for Election Materials in Colorado - Committee Discussion Only


09:41:09 AM  
Mr. Rudy Santos,
Chief Deputy Clerk and Recorder, Weld County, presented on language access
in elections. Slides from his presentation are available as Attachment
B. He provided context and information about Weld County and the variety
of local jurisdictions in the county, and consequently the ballot styles
the county prepares.
09:43:35 AM  
Mr. Santos noted
that Weld County is not covered by Section 203 of the VRA, but it is covered
under the state formula in HB 21-1011. He noted that the county first provided
Spanish sample ballots in 2022. He explained that he gets translated ballot
content from each jurisdiction to include on the sample ballot.
09:47:06 AM  
Mr. Santos explained
that the County Clerk and Recorder's office also encompasses motor vehicle
services, and he noted that Weld County uses "Pocket Talk" translators
as a pilot with the state Department of Revenue. The county also uses a
language line at motor vehicle offices. He added that the clerk's office
has Spanish speakers on staff and working as poll workers during elections.
Mr. Santos provided an example of an election advertisement that the county
aired on a Spanish language radio station for the 2024 election.
09:50:39 AM  
Mr. Santos noted that the short time frame for preparing ballots makes it difficult to proofread the material, including the Spanish translations. He added that the clerk's office is able to use Spanish-speaking staff members to proofread their ballots. Mr. Torres commented on the importance of providing language access and accessibility for people with disabilities to open the doors for participation in government.
09:58:39 AM  
Commissioner Lopez
discussed with Mr. Santos the ability to assess the effectiveness of radio
ads and other promotional materials. Mr. Santos noted that the county can
review ballot images after the election to see how many ballots were cast
in Spanish, but there is not an easy way to review this data in the state's
election system.
10:01:58 AM  
Senator Gonzales
asked about 2022 election data and the utilization of Spanish language
materials. Mr. Santos said that while the data is not definitive, Weld
County found fewer than 10 Spanish ballots cast in each of 2022 and 2023.
Senator Gonzales and Mr. Torres further discussed the costs added by litigation
over language access. Ms. Carriero-Contreras questioned the committee and
Mr. Santos about languages other than Spanish. She suggested that the committee
recommend more robust data collection across language access programs.
Discussion continued about services in additional languages.



Public Testimony - Committee Discussion Only


10:13:55 AM  
Ms. Morgan Turner, representing Colorado Center on Law and Policy, testified on the importance of language access services in Colorado. She noted in particular that the two-hour booking window for translators is often not sufficient because committees do not always run on schedule. Octavio Gomez, representing Boulder County, testified on expanding language access at the State Capitol. He noted that work at the state level can inspire local governments to enact similar policies, and he discussed the value of plain language. Ms. Sophie Shea, representing Colorado Fiscal Institute, testified on the importance of investing in resources to improve accessibility. She discussed the disparities in distributing election materials.
10:22:11 AM  
Mr. Gomez and Ms. Shea responded to a question about the role of community organizations in encouraging English language learning. Mr. Gomez also noted that most English material is written in inaccessible language as well. Ms. Shea added that many people who can speak English are more comfortable speaking another language. Ms. Shea responded to a question about data on language needs. Mr. Torres commented on restorative justice and its role in making services available to immigrants.
10:31:19 AM  
Ms. Carriero-Contreras
noted that English is frequently not accessible even to English-speaking
people, again discussing the importance of plain language. Ms. Turner responded
to a question about priority web pages to translate: testimony sign-up,
instructions for requesting interpretation, bill summaries. Mr. Lee Shainis,
representing Simplify Language, testified on his work training organizations
to use plain language. He described the way people feel excluded when they
do not understand communication, both translated and in English. He added
that translation is more effective when the original English is accessible.
Mr. Shainis responded to a question about how to resolve the tension between
plain language and statutory detail. He provided examples of how to simplify
language in communication.
10:44:20 AM  
The committee recessed.



The Role of AI in Translation and Interpretation - Committee Discussion Only


10:55:31 AM  
The committee reconvened.
Dr. Holly Silvestri, National Center for Interpretation at the University
of Arizona, Stakeholders Advocating for Fair and Ethical AI in Interpreting
(SAFE-AI), presented on the SAFE-AI Task Force and their resources. Slides
from her presentation are available as Attachment C. She discussed ethical
considerations in legislating artificial intelligence (AI), including data
privacy, bias control, risk consideration, language pair limitations, transparency
and explainability, and human oversight and accountability. Dr. Silvestri
explained the creation of the task force and their initial surveys. She
presented key points from SAFE-AI's perception survey, noting that it can
be difficult to distinguish between or define simple and complex conversations.
11:10:43 AM  
Dr. Silvestri continued to discuss limitations of AI, including particular contextual elements that can trip up AI and imperfect scenarios that require AI to adapt. She noted that conversations change quickly from, for example, low to high risk. She discussed a variety of elements that might be considered when deciding whether to use automated interpreting.
11:19:14 AM  
Dr. Silvestri explained that decision-making models are essential when considering whether to use automated translation and interpretation. She reiterated the SAFE-AI task force's five ethical principles: accountability to end users, improvement of safety and well being, transparency of technological and interpreting quality and implementation, accountability, and AI as part of existing interpreting ecosystems. Dr. Silvestri noted areas where AI can help if it is not ready to interpret.
11:26:45 AM  
Ms. Carriero-Contreras
requested information on the costs and limitations of AI translation and
interpretation. Dr. Silvestri explained that AI used in the legislative
setting must be properly trained on state law and the language used in
the legislative process, because the vocabulary is very technical and specific.
She also responded to a question about languages of lesser diffusion, including
many African and indigenous languages, noting that large language models
are trained on material available on the internet and without copyright
protection. She noted that the foundation of interpretation is trust that
the message is being accurately conveyed.
11:33:26 AM  

Committee members also commented on Dr. Silvestri's presentation, discussing their concerns about AI. Dr. Silvestri responded to questions about how SAFE-AI's survey was conducted and other surveys of AI users.

11:34:09 AM  
Chair Rutinel asked
about research and data on the accuracy of machine translation compared
to human translation. Mr. Torres commented on machine translation and expressed
a number of concerns. Dr. Silvestri introduced challenges of using AI for
American Sign Language (ASL).
11:48:28 AM  
Jeff Shaul, GoSign.ai
and SAFE-AI Task Force, presented to the committee through an ASL interpreter.
Mr. Shaul's slides are available as Attachment D. He explained the creation
and work of the Coalition for Sign Language Equity in Technology (Co-SET).
He discussed the #DeafSafeAI Report, linked in his slides. The report includes
survey findings that end users value consumer authority and independence,
or the ability to choose whether to use technology, as well as cultural
controls from respected organizations. Mr. Shaul explained that the data
and datasets used in creating AI are neither comprehensive nor representative,
and they use statistical controls that can exclude outliers.
11:58:32 AM  
Mr. Shaul presented on sociotechnical systems, a design process that begins with improving readiness and technology. He explained that users must be included in the design process, especially principal communicators. He provided additional recommendations for evaluating AI technology.
12:03:39 PM  
Mr. Shaul responded to a question about safe use of technology for sign language. He explained that sign language data must still be collected to develop effective translation technology. He noted that the community is making progress with avatars, and that an AI could be trained to show people how to make a particular word in ASL.



Committee Discussion on Recommendations - Committee Discussion Only


12:07:49 PM  
Ms. Jackson provided
information about the board's recommendations process, directing members
to the committee's charge. Mr. Torres suggested that there be limiting
standards and training for legislative interpreters, explaining that interpreters
provided by prominent companies make a number of mistakes. He further requested
that those standards be included in law.
12:12:51 PM  
Chair Rutinel requested
that the board's recommendations include some kind of impact analysis,
addressing current blind spots and how to reach people in those spaces,
especially given cost constraints. Ms. Jackson responded to questions from
Ms. Carriero-Contreras about meeting notes and the recommendation process.
Mr. Lopez commented about recommendations that might drive a fiscal note,
noting that he does not believe that the current system is broken. He asked
about gaps in current policy and processes.
12:20:42 PM  
Mr. Torres further
commented on costs and resources, noting that the board exists because
community members identified a need. Director Castle discussed the ability
to provide fiscal information on certain recommendations and requested
the opportunity to prepare such information for particular cost drivers.
Ms. Carriero-Contreras requested that the board be given time to consider
and collaborate on the recommendations prior to the November meeting. The
committee discussed extending its November 12 meeting to end at 3 p.m.


12:34:17 PM   The committee adjourned.