Bill Text: NY A00292 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts the "language barrier elimination act" to provide translations to the limited English proficient individuals in connection with services provided through the department of labor, department of family assistance or department of health.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A00292 Detail]
Download: New_York-2015-A00292-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 292 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. ROZIC, KAVANAGH -- Multi-Sponsored by -- M. of A. McDONOUGH -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to ensuring equal access to health and human services for limited English speaking individuals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Declaration of legislative findings and intent. Title VI of 2 the civil rights act of 1964 provides in pertinent part that "no person 3 in the United States shall on the ground of race, color or national 4 origin, be excluded from participation in, be denied the benefits of, or 5 be subjected to discrimination under any program or activity receiving 6 federal assistance." The United States department of justice and the 7 department of health and human services have stated that failure to 8 provide language assistance to limited English speaking individuals 9 seeking assistance in federally funded, state supervised or administered 10 programs amounts to a violation of Title VI by discriminating against 11 such individuals based upon their national origin. 12 It is and has been the policy of the state of New York to oppose all 13 forms of discrimination, particularly when it relates to the provision 14 of state services, or locally provided services under state supervision. 15 However, the department of health and human services office of civil 16 rights, the office responsible for enforcing Title VI in department of 17 health and human services programs, found that the New York state office 18 of temporary and disability assistance, the New York state department of 19 health, the New York City human resources administration, and the 20 departments of social services in Nassau and Suffolk counties were in 21 violation of Title VI based upon the state and counties' failure to 22 provide interpretation services for limited English proficient individ- 23 uals. Specifically, the office of civil rights found that limited EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00032-01-5 A. 292 2 1 English proficient clients seeking and/or applying for subsistence bene- 2 fits such as food stamps and public assistance for children and Medicaid 3 benefits were routinely unable to access such benefits due to their 4 inability to speak English. 5 A legislative hearing on immigrant child welfare issues also found 6 that the lack of interpreters in child welfare cases resulted in chil- 7 dren in families who were limited English proficient being unnecessarily 8 removed from their parents. In addition, limited English proficient 9 residents of New York have been unable to access unemployment and other 10 services from the department of labor due to the lack of translated 11 materials and interpreters. The New York language barrier elimination 12 act serves a twofold purpose: first, the act will ensure that the state 13 is in compliance with federal law in ensuring access to benefits and 14 opportunities to participate in any program or activity receiving feder- 15 al assistance; second, and more importantly, the act will ensure that 16 all those in need of health and human services receive them, and that no 17 one attempting to access such services will be discriminated against 18 based upon the language they speak. 19 S 2. The executive law is amended by adding a new article 14-A to read 20 as follows: 21 ARTICLE 14-A 22 LANGUAGE BARRIER ELIMINATION ACT 23 SECTION 275. SHORT TITLE. 24 276. DEFINITIONS. 25 277. AGENCIES. 26 278. LANGUAGE ASSISTANCE SERVICES. 27 279. NOTICES. 28 280. RECORDS. 29 281. LANGUAGE ASSISTANCE SERVICES REQUIRED. 30 282. SCREENING AND TRAINING. 31 283. MISCELLANEOUS. 32 284. COMPTROLLER AUDITS. 33 285. CIVIL CAUSE OF ACTION. 34 286. LIMITATIONS. 35 287. RULES. 36 288. SEVERABILITY. 37 S 275. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE 38 "LANGUAGE BARRIER ELIMINATION ACT". 39 S 276. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING TERMS 40 SHALL HAVE THE FOLLOWING MEANINGS: 41 1. "AGENCY" SHALL MEAN THOSE ENTITIES, INCLUDING ANY PART, SUBDIVI- 42 SION, FIELD OFFICE OR SATELLITE FACILITY, INCLUDING OFFICES OPERATED BY 43 COUNTY GOVERNMENTS, REQUIRED TO PROVIDE LANGUAGE ASSISTANCE SERVICES 44 PURSUANT TO THIS ARTICLE. 45 2. "AGENCY CONTRACTOR" SHALL MEAN ANY INDIVIDUAL, SOLE PROPRIETORSHIP, 46 PARTNERSHIP, COMMUNITY BASED ORGANIZATION, JOINT VENTURE OR CORPORATE 47 ENTITY, INCLUDING ANY PART, SUBDIVISION, FIELD OFFICE OR SATELLITE 48 FACILITY, WHICH ENTERS INTO A CONTRACT OR CONTRACTS WITH AN AGENCY TO 49 PROVIDE AGENCY-RELATED SERVICES TO THE PUBLIC, AND WHICH RECEIVES A 50 TOTAL OF ONE MILLION DOLLARS OR MORE IN PAYMENT FOR SUCH SERVICES ON AN 51 ANNUALIZED BASIS PURSUANT TO THE TERMS OF SUCH CONTRACT OR CONTRACTS. 52 3. "BILINGUAL PERSONNEL" SHALL MEAN AGENCY OR AGENCY CONTRACTOR 53 EMPLOYEES, EXCLUDING PARTICIPANTS IN WORK EXPERIENCE PROGRAMS, WHO 54 PROVIDE LANGUAGE ASSISTANCE SERVICES IN ADDITION TO THEIR DUTIES. A. 292 3 1 4. "CONTRACT" SHALL MEAN ANY WRITTEN AGREEMENT, PURCHASE ORDER OR 2 INSTRUMENT WHEREBY THE AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND 3 FUNDS IN RETURN FOR WORK, LABOR, SERVICES, OR ANY COMBINATION OF THE 4 FOREGOING. 5 5. "DOCUMENTS" SHALL MEAN WRITTEN MATERIAL, WHETHER ELECTRONIC OR 6 PRINTED, INCLUDING BUT NOT LIMITED TO, FORMS, APPLICATIONS, NOTICES AND 7 CORRESPONDENCE, THAT REQUIRE A RESPONSE OR AFFECT BENEFITS LEVELS AND/OR 8 SERVICES. 9 6. "INTERPRETER PERSONNEL" SHALL MEAN AGENCY OR AGENCY CONTRACTOR 10 EMPLOYEES WHOSE SOLE RESPONSIBILITY IS TO PROVIDE LANGUAGE ASSISTANCE 11 SERVICES. SUCH DEFINITION SHALL NOT INCLUDE WORK EXPERIENCE PROGRAM 12 PARTICIPANTS. 13 7. "INTERPRETATION SERVICES" SHALL MEAN ORAL, CONTEMPORANEOUS INTER- 14 PRETATION OF ORAL CONVERSATIONS. 15 8. "LANGUAGE ASSISTANCE SERVICES" SHALL MEAN LEVEL I AND LEVEL II 16 LANGUAGE ASSISTANCE SERVICES AS DEFINED IN THIS SECTION. 17 9. "LEVEL I LANGUAGE ASSISTANCE SERVICES" SHALL MEAN INTERPRETATION 18 SERVICES AND TRANSLATION SERVICES PROVIDED BY BILINGUAL PERSONNEL OR 19 INTERPRETER PERSONNEL TO LIMITED ENGLISH PROFICIENT INDIVIDUALS THAT 20 ENSURES THEIR ABILITY TO COMMUNICATE EFFECTIVELY WITH AGENCY OR AGENCY 21 CONTRACTOR PERSONNEL, ACCESS BENEFITS AND SERVICES, PARTICIPATE EQUALLY 22 IN ALL SUBSTANTIVE PROGRAMS AND UNDERSTAND DOCUMENTS; PROVIDED, HOWEVER, 23 THAT SUCH SERVICES MAY NOT BE PROVIDED BY VOLUNTEERS, RELATIVES, SPOUSES 24 OR DOMESTIC PARTNERS OF AN INDIVIDUAL IN NEED OF SUCH SERVICES, OR BY A 25 CLIENT OF THE AGENCY OR AGENCY CONTRACTOR FROM WHICH SUCH INDIVIDUAL IS 26 SEEKING ASSISTANCE. 27 10. "LEVEL II LANGUAGE ASSISTANCE SERVICES" SHALL MEAN LANGUAGE 28 ASSISTANCE SERVICES PROVIDED TO LIMITED ENGLISH PROFICIENT INDIVIDUALS 29 BY MEANS OTHER THAN INTERPRETER PERSONNEL OR BILINGUAL PERSONNEL THAT 30 ENSURES THEIR ABILITY TO COMMUNICATE EFFECTIVELY WITH AGENCY OR AGENCY 31 CONTRACTOR PERSONNEL, ACCESS BENEFITS AND SERVICES, PARTICIPATE EQUALLY 32 IN ALL SUBSTANTIVE PROGRAMS AND UNDERSTAND DOCUMENTS; PROVIDED, HOWEVER, 33 THAT SUCH SERVICES MAY NOT BE PROVIDED BY VOLUNTEERS, RELATIVES, SPOUSES 34 OR DOMESTIC PARTNERS OF AN INDIVIDUAL IN NEED OF SUCH SERVICES, OR BY A 35 CLIENT OF THE AGENCY OR AGENCY CONTRACTOR FROM WHICH SUCH INDIVIDUAL IS 36 SEEKING ASSISTANCE. 37 11. "LIMITED ENGLISH PROFICIENT INDIVIDUAL" SHALL MEAN AN INDIVIDUAL 38 WHO IDENTIFIES AS BEING, OR IS EVIDENTLY, UNABLE TO SPEAK, READ OR WRITE 39 THE ENGLISH LANGUAGE AT A LEVEL THAT PERMITS HIM OR HER TO INTERACT 40 EFFECTIVELY WITH AGENCY OR AGENCY CONTRACTOR PERSONNEL. 41 12. "PRIMARY LANGUAGE" SHALL MEAN THE LANGUAGE CHOSEN BY A LIMITED 42 ENGLISH PROFICIENT INDIVIDUAL AS THE LANGUAGE TO BE USED IN COMMUNICAT- 43 ING WITH SUCH INDIVIDUAL. 44 13. "PRIMARY LANGUAGE GROUP" SHALL MEAN A GROUP OF INDIVIDUALS SHARING 45 THE SAME PRIMARY LANGUAGE. 46 14. "TRANSLATION SERVICES" SHALL MEAN THE TRANSLATION OF WRITTEN 47 MATTER EITHER ORALLY OR IN WRITING. 48 S 277. AGENCIES. THE FOLLOWING ENTITIES SHALL PROVIDE LANGUAGE ASSIST- 49 ANCE SERVICES FOR SERVICES DIRECTLY PROVIDED BY SUCH AGENCY AND SHALL BE 50 RESPONSIBLE FOR ENSURING THAT COUNTY AGENCIES AND AGENCY CONTRACTORS 51 PROVIDING SERVICES UNDER STATE SUPERVISION PROVIDE LANGUAGE ASSISTANCE 52 SERVICES, AS REQUIRED UNDER THIS ARTICLE: THE NEW YORK STATE DEPARTMENT 53 OF FAMILY ASSISTANCE, THE NEW YORK STATE DEPARTMENT OF HEALTH, AND THE 54 NEW YORK STATE DEPARTMENT OF LABOR. A. 292 4 1 S 278. LANGUAGE ASSISTANCE SERVICES. 1. EACH AGENCY AND AGENCY 2 CONTRACTOR SHALL PROVIDE LANGUAGE ASSISTANCE SERVICES AS REQUIRED UNDER 3 THIS ARTICLE FREE OF CHARGE TO LIMITED ENGLISH PROFICIENT INDIVIDUALS. 4 2. AGENCY CONTRACTORS SHALL PROVIDE LANGUAGE ASSISTANCE SERVICES AS 5 REQUIRED UNDER THIS ARTICLE FOR PROGRAMS AND/OR SERVICES OFFERED PURSU- 6 ANT TO A CONTRACT OR CONTRACTS WITH AN AGENCY. 7 S 279. NOTICES. 1. UPON INITIAL CONTACT, WHETHER BY TELEPHONE OR IN 8 PERSON, WITH AN INDIVIDUAL SEEKING BENEFITS AND/OR SERVICES OFFERED BY 9 AN AGENCY OR AGENCY CONTRACTOR, SUCH AGENCY OR AGENCY CONTRACTOR SHALL 10 NOTIFY SUCH INDIVIDUAL OF THE RIGHT TO FREE LANGUAGE ASSISTANCE 11 SERVICES. IMMEDIATELY FOLLOWING SUCH NOTIFICATION, THE AGENCY OR AGENCY 12 CONTRACTOR SHALL DETERMINE THE PRIMARY LANGUAGE OF SUCH INDIVIDUAL. SUCH 13 DETERMINATION SHALL BE MADE BY ASKING THE INDIVIDUAL TO INDICATE HIS OR 14 HER PRIMARY LANGUAGE. IF IT IS DETERMINED THAT SUCH INDIVIDUAL'S PRIMARY 15 LANGUAGE IS NOT ENGLISH, THEN UPON SUCH DETERMINATION THE AGENCY OR 16 AGENCY CONTRACTOR SHALL INFORM SUCH INDIVIDUAL IN HIS OR HER PRIMARY 17 LANGUAGE OF THE RIGHT TO FREE LANGUAGE ASSISTANCE SERVICES. 18 2. WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS 19 ARTICLE, EACH AGENCY AND AGENCY CONTRACTOR SHALL DETERMINE THE PRIMARY 20 LANGUAGE OF EACH INDIVIDUAL CURRENTLY RECEIVING BENEFITS AND/OR SERVICES 21 PROVIDED BY SUCH AGENCIES AND AGENCY CONTRACTORS. IF IT IS DETERMINED 22 THAT ANY SUCH INDIVIDUAL'S PRIMARY LANGUAGE IS NOT ENGLISH, THEN UPON 23 SUCH DETERMINATION THE AGENCY OR AGENCY CONTRACTOR SHALL INFORM SUCH 24 INDIVIDUAL IN HIS OR HER PRIMARY LANGUAGE OF THE RIGHT TO FREE LANGUAGE 25 ASSISTANCE SERVICES. 26 3. EACH AGENCY AND AGENCY CONTRACTOR SHALL POST CONSPICUOUS SIGNS FOR 27 EACH PRIMARY LANGUAGE GROUP CONSTITUTING TEN PERCENT OR MORE OF THE 28 INDIVIDUALS ELIGIBLE TO BE SERVED OR LIKELY TO BE DIRECTLY AFFECTED BY 29 THE AGENCY OR AGENCY CONTRACTOR AT ALL AGENCY AND AGENCY CONTRACTOR 30 OFFICES IN WHICH SERVICES ARE PROVIDED TO THE PUBLIC, INFORMING LIMITED 31 ENGLISH PROFICIENT INDIVIDUALS OF THEIR RIGHT TO FREE LANGUAGE ASSIST- 32 ANCE SERVICES. 33 S 280. RECORDS. EACH AGENCY AND AGENCY CONTRACTOR SHALL MAINTAIN A 34 RECORD OF THE PRIMARY LANGUAGE OF INDIVIDUALS SEEKING OR RECEIVING AGEN- 35 CY OR AGENCY CONTRACTOR SERVICES. PRIMARY LANGUAGE DETERMINATIONS 36 REGARDING INDIVIDUALS SEEKING AGENCY OR AGENCY CONTRACTOR SERVICES SHALL 37 BE RECORDED WHETHER OR NOT SUCH INDIVIDUAL ACTUALLY OBTAINS SUCH 38 SERVICES. 39 S 281. LANGUAGE ASSISTANCE SERVICES REQUIRED. 1. IF, ON AN ANNUAL 40 BASIS, TEN PERCENT OR MORE LIMITED ENGLISH PROFICIENT INDIVIDUALS 41 BELONGING TO THE SAME PRIMARY LANGUAGE GROUP SEEK OR RECEIVE SERVICES OR 42 BENEFITS AT AN AGENCY OR AGENCY CONTRACTOR, THEN SUCH AGENCY OR AGENCY 43 CONTRACTOR SHALL PROVIDE LEVEL I LANGUAGE ASSISTANCE SERVICES IMMEDIATE- 44 LY IN ALL INTERACTIONS WITH A MEMBER OF SUCH PRIMARY LANGUAGE GROUP, 45 WHETHER SUCH INTERACTION IS BY TELEPHONE OR IN PERSON, AND ALL CORRE- 46 SPONDENCE FROM SUCH AGENCY OR AGENCY CONTRACTOR TO ANY MEMBER OF SUCH 47 PRIMARY LANGUAGE GROUP SHALL BE WRITTEN IN SUCH MEMBER'S PRIMARY 48 LANGUAGE. 49 2. IF, ON AN ANNUAL BASIS, AT LEAST TWO PERCENT BUT LESS THAN TEN 50 PERCENT LIMITED ENGLISH PROFICIENT INDIVIDUALS BELONGING TO THE SAME 51 PRIMARY LANGUAGE GROUP SEEK OR RECEIVE SERVICES OR BENEFITS AT AN AGENCY 52 OR AGENCY CONTRACTOR, THEN SUCH AGENCY OR AGENCY CONTRACTOR SHALL 53 PROVIDE LEVEL I LANGUAGE ASSISTANCE SERVICES WITHIN TWENTY-FOUR HOURS OF 54 A REQUEST FOR SUCH SERVICES BY A MEMBER OF SUCH PRIMARY LANGUAGE GROUP. 55 3. IF, ON AN ANNUAL BASIS, FEWER THAN TWO PERCENT LIMITED ENGLISH 56 PROFICIENT INDIVIDUALS BELONGING TO THE SAME PRIMARY LANGUAGE GROUP SEEK A. 292 5 1 OR RECEIVE SERVICES OR BENEFITS AT AN AGENCY OR AGENCY CONTRACTOR, THEN 2 SUCH AGENCY OR AGENCY CONTRACTOR SHALL PROVIDE LEVEL I LANGUAGE ASSIST- 3 ANCE SERVICES OR LEVEL II LANGUAGE ASSISTANCE SERVICES WITHIN 4 TWENTY-FOUR HOURS OF A REQUEST FOR LANGUAGE ASSISTANCE BY A MEMBER OF 5 SUCH PRIMARY LANGUAGE GROUP. 6 4. DURING THE FIRST NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTI- 7 CLE, EACH AGENCY AND AGENCY CONTRACTOR SHALL DETERMINE THE NUMBER OF 8 LIMITED ENGLISH PROFICIENT INDIVIDUALS FOR EACH PRIMARY LANGUAGE GROUP 9 SEEKING AND/OR RECEIVING SERVICES FROM SUCH AGENCY OR AGENCY CONTRACTOR 10 DURING SUCH PERIOD, AND SHALL MULTIPLY EACH SUCH NUMBER BY FOUR TO 11 DETERMINE A PROJECTED ANNUAL NUMBER OF LIMITED ENGLISH PROFICIENT INDI- 12 VIDUALS IN NEED OF LANGUAGE ASSISTANCE SERVICES. THE RESULT OF SUCH 13 CALCULATION SHALL DETERMINE THE INITIAL LEVEL OF LANGUAGE ASSISTANCE 14 SERVICES REQUIRED UNDER THIS SECTION. THE DETERMINATION OF THE LEVEL OF 15 LANGUAGE ASSISTANCE SERVICES REQUIRED UNDER THIS ARTICLE SHALL BE MADE 16 ANNUALLY AND BASED ON ANNUAL DATA THEREAFTER. 17 5. WHERE AN APPLICATION OR FORM REQUIRES COMPLETION IN ENGLISH BY A 18 LIMITED ENGLISH PROFICIENT INDIVIDUAL FOR SUBMISSION TO A STATE AUTHORI- 19 TY, THE AGENCY OR AGENCY CONTRACTOR SHALL PROVIDE ORAL TRANSLATION OF 20 SUCH APPLICATION OR FORM AS WELL AS CERTIFICATION BY THE LIMITED ENGLISH 21 PROFICIENT INDIVIDUAL THAT THE FORM WAS TRANSLATED AND COMPLETED BY AN 22 INTERPRETER. 23 6. AT EACH OFFICE (SERVING THE PUBLIC) OF EACH AGENCY OR AGENCY 24 CONTRACTOR, THERE SHALL BE POSTED CONSPICUOUSLY, IN NOT LESS THAN TWELVE 25 POINT, BOLD-FACED TYPE, IN THE APPROPRIATE LANGUAGE FOR EACH PRIMARY 26 LANGUAGE GROUP CONSTITUTING TEN PERCENT OR MORE OF THE INDIVIDUALS 27 ELIGIBLE TO BE SERVED OR LIKELY TO BE DIRECTLY AFFECTED BY THE AGENCY OR 28 AGENCY CONTRACTOR, THE FOLLOWING STATEMENT: "IMPORTANT: DOCUMENTS IN 29 THIS OFFICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR BENEFITS. WE WILL 30 TRANSLATE THESE DOCUMENTS FOR YOU FREE OF CHARGE." FOLLOWING SUCH STATE- 31 MENT SHALL BE THE NAME, TELEPHONE NUMBER AND ADDRESS OF THE AGENCY OR 32 AGENCY CONTRACTOR TO CONTACT TO REQUEST FREE TRANSLATION OF A DOCUMENT. 33 S 282. SCREENING AND TRAINING. 1. BEFORE BILINGUAL PERSONNEL OR INTER- 34 PRETER PERSONNEL MAY PROVIDE LANGUAGE ASSISTANCE SERVICES, SUCH PERSON- 35 NEL MUST BE SCREENED BY THE AGENCY OR AGENCY CONTRACTOR EMPLOYING SUCH 36 PERSONNEL TO ENSURE THAT THEY ARE CAPABLE OF PROVIDING SUCH SERVICES 37 EFFECTIVELY. IN ADDITION, EACH AGENCY AND AGENCY CONTRACTOR SHALL 38 PROVIDE ANNUAL TRAINING FOR SUCH PERSONNEL TO ENSURE THAT SUCH PERSONNEL 39 ARE PROVIDING LANGUAGE ASSISTANCE SERVICES EFFECTIVELY. 40 2. EACH AGENCY OR AGENCY CONTRACTOR PROVIDING LEVEL II LANGUAGE 41 ASSISTANCE SERVICES SHALL ENSURE THAT SUCH SERVICES ARE EFFECTIVE. 42 S 283. MISCELLANEOUS. 1. NOTHING IN THIS SECTION SHALL PRECLUDE AN 43 AGENCY OR AGENCY CONTRACTOR FROM PROVIDING LANGUAGE SERVICES IN ADDITION 44 TO THOSE REQUIRED UNDER THIS ARTICLE. 45 2. LANGUAGE ASSISTANCE SERVICES REQUIRED PURSUANT TO THIS ARTICLE TO 46 BE PROVIDED BY AN AGENCY SHALL BE PERFORMED BY EMPLOYEES OF SUCH AGENCY. 47 3. IF AN AGENCY CONTRACTOR ENTERS INTO AN AGREEMENT WITH AN ENTITY TO 48 PROVIDE SERVICES TO THE PUBLIC THAT SUCH AGENCY CONTRACTOR IS REQUIRED 49 TO PROVIDE UNDER A CONTRACT WITH AN AGENCY, THEN SUCH ENTITY SHALL BE 50 CONSIDERED AN AGENCY CONTRACTOR FOR PURPOSES OF THIS ARTICLE AND SHALL 51 PROVIDE LANGUAGE ASSISTANCE SERVICES AS REQUIRED IN THIS ARTICLE. 52 4. THIS ARTICLE SHALL NOT APPLY TO ANY CONTRACT WITH AN AGENCY 53 CONTRACTOR ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, 54 EXCEPT THAT RENEWAL, AMENDMENT OR MODIFICATION OF SUCH CONTRACT OCCUR- 55 RING ON OR AFTER SUCH EFFECTIVE DATE SHALL BE SUBJECT TO THE PROVISIONS 56 OF THIS ARTICLE. A. 292 6 1 S 284. COMPTROLLER AUDITS. 1. THE COMPTROLLER SHALL CONDUCT ANNUAL 2 AUDITS OF THE AGENCIES AND AGENCY CONTRACTORS REQUIRED TO PROVIDE 3 LANGUAGE ASSISTANCE SERVICES PURSUANT TO THIS ARTICLE. SUCH AUDITS 4 SHALL GENERALLY DETERMINE THE EFFECTIVENESS OF THE LANGUAGE ASSISTANCE 5 SERVICES PROVIDED BY EACH AGENCY AND AGENCY CONTRACTOR. SPECIFICALLY, 6 SUCH AUDITS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMA- 7 TION: (A) THE NUMBER OF REQUESTS FOR LANGUAGE ASSISTANCE SERVICES, 8 DISAGGREGATED BY AGENCY AND AGENCY CONTRACTOR, TYPE OF LANGUAGE ASSIST- 9 ANCE REQUESTED AND PRIMARY LANGUAGE; 10 (B) THE NUMBER OF LIMITED ENGLISH PROFICIENT INDIVIDUALS SERVED, 11 DISAGGREGATED BY AGENCY AND AGENCY CONTRACTOR, TYPE OF LANGUAGE ASSIST- 12 ANCE REQUESTED AND PRIMARY LANGUAGE; 13 (C) THE NUMBER OF BILINGUAL PERSONNEL AND THE NUMBER OF INTERPRETER 14 PERSONNEL, DISAGGREGATED BY AGENCY, AGENCY CONTRACTOR AND LANGUAGE 15 TRANSLATED BY SUCH PERSONNEL; 16 (D) THE AVERAGE LENGTH OF TIME TO PROVIDE LANGUAGE ASSISTANCE SERVICES 17 TO LIMITED ENGLISH PROFICIENT INDIVIDUALS, DISAGGREGATED BY AGENCY, 18 AGENCY CONTRACTOR AND PRIMARY LANGUAGE; 19 (E) WHETHER PRIMARY LANGUAGE DETERMINATIONS ARE PROPERLY RECORDED, 20 DISAGGREGATED BY AGENCY AND AGENCY CONTRACTOR; AND 21 (F) WHETHER, AS DETERMINED THROUGH A RANDOM SAMPLING OF TRANSLATED 22 DOCUMENTS, DOCUMENTS HAVE BEEN TRANSLATED PROPERLY AND IN A TIMELY 23 MANNER AND SENT TO THE APPROPRIATE PARTY, DISAGGREGATED BY AGENCY AND 24 AGENCY CONTRACTOR. 25 2. WHENEVER POSSIBLE, THE RESULTS OF SUCH AUDITS SHALL BE VERIFIED 26 THROUGH DIRECT CONTACT WITH A STATISTICALLY SIGNIFICANT SAMPLE OF AGENCY 27 AND/OR AGENCY CONTRACTOR CLIENTS. 28 S 285. CIVIL CAUSE OF ACTION. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY 29 PERSON CLAIMING TO BE INJURED BY THE FAILURE OF AN AGENCY OR AGENCY 30 CONTRACTOR TO PROVIDE LANGUAGE ASSISTANCE SERVICES AS REQUIRED UNDER 31 THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION AGAINST SUCH AGENCY OR AGENCY 32 CONTRACTOR IN ANY COURT OF COMPETENT JURISDICTION FOR ANY OR ALL OF THE 33 FOLLOWING RELIEF: 34 (A) COMPENSATORY AND PUNITIVE DAMAGES; 35 (B) INJUNCTIVE AND DECLARATORY RELIEF; 36 (C) ATTORNEYS' FEES AND COSTS; AND 37 (D) SUCH OTHER RELIEF AS A COURT MAY DEEM APPROPRIATE. 38 S 286. LIMITATIONS. A CIVIL ACTION UNDER THIS ARTICLE MUST BE 39 COMMENCED WITHIN ONE YEAR AFTER THE ALLEGED VIOLATION OF THE REQUIRE- 40 MENTS OF THIS ARTICLE. IF, HOWEVER, DUE TO INJURY OR DISABILITY RESULT- 41 ING FROM AN ACT OR ACTS GIVING RISE TO A CAUSE OF ACTION UNDER THIS 42 ARTICLE, OR DUE TO INFANCY AS DEFINED IN THE CIVIL PRACTICE LAW AND 43 RULES, A PERSON ENTITLED TO COMMENCE AN ACTION UNDER THIS ARTICLE IS 44 UNABLE TO DO SO AT THE TIME SUCH CAUSE OF ACTION ACCRUES, THEN THE TIME 45 WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL BE EXTENDED TO ONE YEAR 46 AFTER THE INABILITY TO COMMENCE THE ACTION CEASES. 47 S 287. RULES. EACH AGENCY SHALL PROMULGATE SUCH RULES AS ARE NECESSARY 48 FOR THE PURPOSES OF IMPLEMENTING AND CARRYING OUT THE PROVISIONS OF THIS 49 ARTICLE. SUCH RULES SHALL BE APPLICABLE TO THE AGENCY THAT PROMULGATED 50 THE RULES AS WELL AS TO AGENCY CONTRACTORS ASSOCIATED WITH SUCH AGENCY. 51 S 288. SEVERABILITY. IF ANY SECTION, SUBDIVISION, SENTENCE, CLAUSE, 52 PHRASE OR OTHER PORTION OF THIS ARTICLE IS, FOR ANY REASON, DECLARED 53 UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPE- 54 TENT JURISDICTION SUCH PORTION SHALL BE DEEMED SEVERABLE, AND SUCH 55 UNCONSTITUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE A. 292 7 1 REMAINING PORTIONS OF THIS LAW, WHICH REMAINING PORTIONS SHALL CONTINUE 2 IN FULL FORCE AND EFFECT. 3 S 3. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law.