Bill Text: NY A01971 | 2013-2014 | General Assembly | Introduced

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Bill Title: Ensures language assistance services by state agencies; requires state agencies to maintain records of the primary language spoken by any individual seeking such assistance; and requires state agency to submit an annual report on language services.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2014-01-08 - referred to governmental employees [A01971 Detail]

Download: New_York-2013-A01971-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1971
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. ROZIC, KAVANAGH -- read once and referred to the
         Committee on Governmental Employees
       AN ACT to amend the civil service law, in relation to  language  assist-
         ance services by state agencies
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil service law is amended by adding  a  new  section
    2  55-d to read as follows:
    3    S  55-D.  ENSURING  LANGUAGE ASSISTANCE SERVICES BY STATE AGENCIES. 1.
    4  EVERY STATE AGENCY SHALL PROVIDE LANGUAGE  ASSISTANCE  SERVICES  TO  ALL
    5  LIMITED  ENGLISH  PROFICIENT  INDIVIDUALS  SO AS TO ENSURE THAT ALL SUCH
    6  INDIVIDUALS WHO CANNOT SPEAK, READ,  WRITE  OR  UNDERSTAND  THE  ENGLISH
    7  LANGUAGE  WITH THE PROFICIENCY NECESSARY FOR ADEQUATE COMMUNICATION WITH
    8  AGENCY PERSONNEL HAVE EFFECTIVE ACCESS  TO  THE  AGENCY'S  PROGRAMS  AND
    9  SERVICES.   EVERY STATE AGENCY SHALL ENSURE THAT ALL INDIVIDUALS PROVID-
   10  ING LANGUAGE ASSISTANCE SERVICES TO LIMITED ENGLISH PROFICIENT  INDIVID-
   11  UALS  HAVE  SUFFICIENT FLUENCY IN BOTH ENGLISH AND THE RELEVANT LANGUAGE
   12  TO COMMUNICATE INFORMATION  NECESSARY  FOR  SUCH  INDIVIDUAL  TO  ACCESS
   13  SERVICES.    LANGUAGE  ASSISTANCE  SERVICES  FOR PRIMARY AND NON-PRIMARY
   14  LANGUAGES SHALL BE AVAILABLE AT ALL AGENCY  LOCATIONS  OPEN  FOR  PUBLIC
   15  BUSINESS,  AND  SHALL, TO THE EXTENT PRACTICABLE, BE PROVIDED IN PERSON.
   16  TRANSLATION OF ALL FREQUENTLY USED FORMS  AND  OTHER  WRITTEN  MATERIALS
   17  THAT  ARE  ESSENTIAL TO ACCESS AGENCY SERVICES SHALL BE AVAILABLE IN ALL
   18  OF THE AGENCY'S PRIMARY  LANGUAGES.  THE  PRESIDENT  SHALL  DEVELOP  AND
   19  IMPLEMENT  A  COMPREHENSIVE  LANGUAGE  ASSISTANCE  PLAN THAT ESTABLISHES
   20  UNIFORM  POLICIES  AND  PROCEDURES  FOR  PROVIDING  LANGUAGE  ASSISTANCE
   21  SERVICES BY ALL STATE AGENCIES, INCLUDING PROCEDURES FOR DOCUMENTING THE
   22  PROVISION  OF  OR  REFUSAL  OF  LANGUAGE  ASSISTANCE  SERVICES, AND THAT
   23  REQUIRES TRAINING TO ENSURE THAT ALL STAFF WHO HAVE CONTACT WITH LIMITED
   24  ENGLISH PROFICIENT INDIVIDUALS COMPLY WITH THE PLAN. SUCH PERSON PROVID-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03428-01-3
       A. 1971                             2
    1  ING LANGUAGE ASSISTANCE SERVICES MAY BE A QUALIFIED INTERPRETER,  VOLUN-
    2  TARY WORKER OR OTHER PERSONNEL CURRENTLY EMPLOYED BY THE AGENCY.
    3    2.  ALL  STATE  AGENCIES SHALL PROVIDE WRITTEN NOTICE AS TO THE AVAIL-
    4  ABILITY OF LANGUAGE ASSISTANCE SERVICES, INCLUDING  ORAL  INTERPRETATION
    5  AND TRANSLATIONS OF FORMS AND OTHER MATERIALS. NOTICE OF AVAILABILITY OF
    6  LANGUAGE  ASSISTANCE SERVICES SHALL ALSO BE POSTED IN CONSPICUOUS AGENCY
    7  LOCATIONS OPEN FOR PUBLIC BUSINESS IN ALL PRIMARY LANGUAGES.
    8    3. ALL STATE AGENCIES SHALL MAINTAIN A RECORD OF THE PRIMARY LANGUAGES
    9  SPOKEN BY  ANY  INDIVIDUAL  SEEKING  OR  RECEIVING  LANGUAGE  ASSISTANCE
   10  SERVICES  AT  SUCH AGENCY. SUCH INFORMATION SHALL BE RECORDED WHETHER OR
   11  NOT SUCH INDIVIDUAL ACTUALLY OBTAINS SUCH SERVICE.
   12    4. (A) ALL STATE AGENCIES SHALL SUBMIT  TO  THE  PRESIDENT  AN  ANNUAL
   13  REPORT  ASSESSING  ITS COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
   14  THE REPORT SHALL IDENTIFY THE PRIMARY LANGUAGES USED BY THE PUBLIC,  AND
   15  THE  PERCENTAGE  OF  THE  AGENCY'S INTERACTION WITH THE PUBLIC WHO SPEAK
   16  EACH PRIMARY LANGUAGE.
   17    (B) ALL STATE AGENCIES SHALL MAINTAIN A RECORD OF THE FOREIGN LANGUAGE
   18  PRIMARILY SPOKEN BY ANY INDIVIDUAL SEEKING OR RECEIVING LANGUAGE ASSIST-
   19  ANCE SERVICES AT THE AGENCY. SUCH INFORMATION SHALL BE RECORDED  WHETHER
   20  OR NOT SUCH INDIVIDUAL ACTUALLY OBTAINS SERVICES.
   21    (C)  THE  DEPARTMENT  SHALL SUBMIT TO THE GOVERNOR AND TO THE LEGISLA-
   22  TURE, ON OR BEFORE, MARCH FIRST OF EACH YEAR, A WRITTEN REPORT ON AGENCY
   23  COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. THE REPORT SHALL  ALSO
   24  COMPILE  AGENCY  FINDINGS AND IDENTIFY THE PRIMARY LANGUAGES USED BY THE
   25  PUBLIC, AND THE PERCENTAGE OF OVERALL AGENCY INTERACTION WITH THE PUBLIC
   26  WHO SPEAK EACH PRIMARY LANGUAGE. THIS REPORT SHALL ALSO INCLUDE INDIVID-
   27  UAL AGENCY REPORT SUBMISSIONS AS REQUIRED IN THIS SECTION.
   28    5. THE PRESIDENT SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
   29  NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION,  WHICH
   30  SHALL  INCLUDE  THE  METHODOLOGY  TO  BE USED BY AGENCIES IN DETERMINING
   31  PRIMARY LANGUAGES.
   32    6. FOR THE PURPOSES OF THIS SECTION: (A) "PRIMARY  LANGUAGE"  MEANS  A
   33  LANGUAGE  OTHER  THAN  ENGLISH  THAT  IS EITHER (I) USED TO COMMUNICATE,
   34  DURING AT LEAST FIVE PERCENT OF PUBLIC VISITS IN A YEAR, BY  INDIVIDUALS
   35  OF  THE  PUBLIC  WHO CANNOT SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH
   36  LANGUAGE AT THE LEVEL OF PROFICIENCY NECESSARY  FOR  EFFECTIVE  COMMUNI-
   37  CATION  WITH  AGENCY  OFFICIALS;  OR (II) SPOKEN BY NON-ENGLISH SPEAKING
   38  INDIVIDUALS COMPRISING MORE THAN FIVE PERCENT OF THE AGENCY SERVICE AREA
   39  POPULATION, AS CALCULATED BY  USING  DEMOGRAPHIC  INFORMATION  AVAILABLE
   40  FROM THE UNITED STATES BUREAU OF THE CENSUS;
   41    (B)  "STATE  AGENCY"  MEANS ANY STATE DEPARTMENT, BOARD, BUREAU, DIVI-
   42  SION, COMMISSION, COMMITTEE, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTI-
   43  TY PERFORMING A GOVERNMENTAL OR  PROPRIETARY  FUNCTION  FOR  THE  STATE,
   44  EXCEPT FOR THE JUDICIARY OR THE STATE LEGISLATURE.
   45    (C)  "LANGUAGE  ASSISTANCE  SERVICES"  MEANS INTERPRETATION AND TRANS-
   46  LATION SERVICES EITHER ORALLY OR IN WRITING.
   47    (D) "LIMITED ENGLISH PROFICIENT INDIVIDUAL" MEANS A PERSON WHO IDENTI-
   48  FIES AS BEING OR IS UNABLE TO SPEAK, READ OR WRITE THE ENGLISH  LANGUAGE
   49  AT A LEVEL THAT PERMITS HIM OR HER TO INTERACT EFFECTIVELY WITH AN AGEN-
   50  CY.
   51    S 2. This act shall take effect on the one hundred twentieth day after
   52  it shall have become a law.