Bill Text: NY A06890 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to limited-English proficiency requirements for the agencies of the city of New York.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-01-06 - referred to cities [A06890 Detail]
Download: New_York-2015-A06890-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6890 2015-2016 Regular Sessions I N A S S E M B L Y April 8, 2015 ___________ Introduced by M. of A. LINARES -- read once and referred to the Commit- tee on Cities AN ACT to amend the administrative code of the city of New York, in relation to limited-English proficiency requirements for the agencies of the city of New York; and to amend the executive law, in relation to limited-English proficiency requirements for state agencies provid- ing direct public services in a city with a population of one million or more THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision a of section 8-1002 of the administrative code 2 of the city of New York, as added by local law 73 of the city of New 3 York for the year 2003, is amended to read as follows: 4 a. ["Agency"] EXCEPT FOR THE PURPOSES OF SECTION 8-1003.1 OF THIS 5 CHAPTER, "AGENCY" means the human resources administration/department of 6 social services, including any part, subdivision, field office or satel- 7 lite facility thereof. 8 S 2. The administrative code of the city of New York is amended by 9 adding a new section 8-1003.1 to read as follows: 10 S 8-1003.1 LIMITED-ENGLISH PROFICIENCY REQUIREMENTS. A. FOR THE 11 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING 12 MEANINGS: 13 1. "DIRECT PUBLIC SERVICES" SHALL MEAN SERVICES ADMINISTERED BY AN 14 AGENCY DIRECTLY TO PROGRAM BENEFICIARIES AND/OR PARTICIPANTS. 15 2. "ESSENTIAL PUBLIC DOCUMENTS" SHALL MEAN THOSE DOCUMENTS MOST 16 COMMONLY DISTRIBUTED TO THE PUBLIC THAT CONTAIN ELICIT IMPORTANT AND 17 NECESSARY INFORMATION REGARDING THE PROVISION OF BASIC CITY SERVICES. 18 B. 1. EVERY CITY AGENCY THAT PROVIDES DIRECT PUBLIC SERVICES SHALL 19 ENSURE MEANINGFUL ACCESS TO SUCH SERVICES BY TAKING REASONABLE STEPS TO 20 DEVELOP AND IMPLEMENT AGENCY-SPECIFIC LANGUAGE ASSISTANCE PLANS REGARD- 21 ING LIMITED-ENGLISH PROFICIENT PERSONS. 22 2. EVERY CITY AGENCY THAT PROVIDES SERVICES TO THE PUBLIC THAT ARE NOT 23 PROGRAMMATIC IN NATURE, SUCH AS EMERGENCY SERVICES, SHALL IMPLEMENT THE 24 PROVISIONS OF THIS SECTION TO THE EXTENT PRACTICABLE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10218-01-5 A. 6890 2 1 C. EVERY CITY AGENCY SHALL: 2 1. DESIGNATE A LANGUAGE ACCESS COORDINATOR WITHIN FORTY-FIVE DAYS OF 3 THE EFFECTIVE DATE OF THIS SECTION TO OVERSEE THE CREATION AND EXECUTION 4 OF AN AGENCY-SPECIFIC INTERNAL LANGUAGE ACCESS POLICY AND IMPLEMENTATION 5 PLAN; 6 2. DEVELOP SUCH LANGUAGE ACCESS POLICIES AND IMPLEMENTATION PLANS BY 7 JANUARY FIRST, TWO THOUSAND SIXTEEN. SUCH PLAN SHALL BE DEVELOPED BY 8 ASSESSING THE FOLLOWING FOUR FACTORS: 9 (I) THE NUMBER OR PROPORTION OF LIMITED-ENGLISH PROFICIENT PERSONS IN 10 THE ELIGIBLE SERVICE POPULATION; 11 (II) THE FREQUENCY WITH WHICH LIMITED-ENGLISH PROFICIENT PERSONS COME 12 INTO CONTACT WITH THE AGENCY; 13 (III) THE IMPORTANCE OF THE BENEFIT, SERVICE, INFORMATION OR ENCOUNTER 14 TO THE LIMITED-ENGLISH PROFICIENT PERSONS, INCLUDING THE CONSEQUENCES OF 15 LACK OF LANGUAGE SERVICES OR INADEQUATE INTERPRETATION OR TRANSLATION; 16 AND 17 (IV) THE RESOURCES AVAILABLE TO THE AGENCY AND THE COSTS OF PROVIDING 18 VARIOUS TYPES OF LANGUAGE SERVICES; 19 3. PROVIDE SERVICES IN LANGUAGES BASED ON AT LEAST THE TOP SIX LIMIT- 20 ED-ENGLISH PROFICIENCY LANGUAGES SPOKEN BY THE POPULATION OF THE CITY, 21 AS THOSE LANGUAGES ARE DETERMINED BY THE DEPARTMENT OF CITY PLANNING, 22 BASED ON UNITED STATES CENSUS DATA, AND AS THOSE LANGUAGES ARE RELEVANT 23 TO SERVICES OFFERED BY EACH AGENCY; 24 4. ENSURE THAT THE LANGUAGE ACCESS POLICY AND IMPLEMENTATION PLAN 25 INCLUDES THE FOLLOWING ELEMENTS FOR LIMITED-ENGLISH PROFICIENT PERSONS: 26 (I) IDENTIFICATION AND TRANSLATION OF ESSENTIAL PUBLIC DOCUMENTS 27 PROVIDED TO OR COMPLETED BY PROGRAM BENEFICIARIES AND/OR PARTICIPANTS; 28 (II) INTERPRETATION SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE 29 OF TELEPHONIC INTERPRETATION SERVICES FOR THE TOP SIX LANGUAGES, AS 30 DETERMINED PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION AND OTHERS AS 31 APPROPRIATE; 32 (III) TRAINING OF FRONTLINE WORKERS AND MANAGERS ON LANGUAGE ACCESS 33 POLICIES AND PROCEDURES; 34 (IV) POSTING OF SIGNAGE IN CONSPICUOUS LOCATIONS ABOUT THE AVAILABILI- 35 TY OF FREE INTERPRETATION SERVICES; 36 (V) ESTABLISHMENT OF AN APPROPRIATE MONITORING AND MEASUREMENT SYSTEM 37 REGARDING THE PROVISION OF AGENCY LANGUAGE SERVICES; AND 38 (VI) CREATION OF APPROPRIATE PUBLIC AWARENESS STRATEGIES FOR THE AGEN- 39 CIES' SERVICES POPULATIONS; AND 40 5. REFLECT THE PRINCIPLES OF PLAIN LANGUAGE COMMUNICATION AS PROVIDED 41 IN GUIDANCE ISSUED BY THE MAYOR'S OFFICE OF ADULT EDUCATION. 42 D. THE MAYOR'S OFFICE OF OPERATIONS SHALL PROVIDE TECHNICAL ASSISTANCE 43 TO INDIVIDUAL AGENCIES AND COORDINATE AND OVERSEE AGENCY COMPLIANCE WITH 44 THIS SECTION. 45 S 3. The executive law is amended by adding a new article 14-A to read 46 as follows: 47 ARTICLE 14-A 48 LIMITED-ENGLISH PROFICIENCY REQUIREMENTS FOR STATE AGENCIES 49 SECTION 280. DEFINITIONS. 50 281. LIMITED-ENGLISH PROFICIENCY REQUIREMENTS FOR CERTAIN STATE 51 AGENCIES. 52 S 280. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS 53 SHALL HAVE THE FOLLOWING MEANINGS: 54 1. "DIRECT PUBLIC SERVICES" MEANS SERVICES ADMINISTERED BY AN AGENCY 55 DIRECTLY TO PROGRAM BENEFICIARIES AND/OR PARTICIPANTS; A. 6890 3 1 2. "ESSENTIAL PUBLIC DOCUMENTS" MEANS THOSE DOCUMENTS MOST COMMONLY 2 DISTRIBUTED TO THE PUBLIC THAT CONTAIN IMPORTANT AND NECESSARY INFORMA- 3 TION REGARDING THE PROVISION OF BASIC CITY SERVICES; 4 3. "LIMITED-ENGLISH PROFICIENT PERSONS" MEANS PEOPLE WHO IDENTIFY AS 5 BEING OR ARE UNABLE TO SPEAK, READ OR WRITE THE ENGLISH LANGUAGE AT A 6 LEVEL THAT PERMITS EFFECTIVE INTERACTION WITH AN AGENCY; 7 4. "STATE AGENCY" MEANS ANY STATE DEPARTMENT, BOARD, BUREAU, DIVISION, 8 COMMISSION, COMMITTEE, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY 9 PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE, EXCEPT 10 FOR THE JUDICIARY OR THE STATE LEGISLATURE. 11 S 281. LIMITED-ENGLISH PROFICIENCY REQUIREMENTS FOR CERTAIN STATE 12 AGENCIES. 1. EVERY STATE AGENCY THAT PROVIDES DIRECT PUBLIC SERVICES IN 13 CITIES WITH A POPULATION OF ONE MILLION OR MORE SHALL ENSURE MEANINGFUL 14 ACCESS TO SUCH SERVICES BY TAKING REASONABLE STEPS TO DEVELOP AND IMPLE- 15 MENT AGENCY-SPECIFIC LANGUAGE ASSISTANCE PLANS REGARDING LIMITED-ENGLISH 16 PROFICIENT PERSONS. 17 2. EVERY STATE AGENCY PROVIDING DIRECT PUBLIC SERVICES IN A CITY WITH 18 A POPULATION OF ONE MILLION OR MORE SHALL: 19 (A) DESIGNATE A LANGUAGE ACCESS COORDINATOR WITHIN FORTY-FIVE DAYS OF 20 THE EFFECTIVE DATE OF THIS SECTION TO OVERSEE THE CREATION AND EXECUTION 21 OF AN AGENCY-SPECIFIC INTERNAL LANGUAGE ACCESS POLICY AND IMPLEMENTATION 22 PLAN; 23 (B) DEVELOP SUCH LANGUAGE ACCESS POLICIES AND IMPLEMENTATION PLANS BY 24 JANUARY FIRST, TWO THOUSAND SIXTEEN. SUCH PLAN SHALL BE DEVELOPED BY 25 ASSESSING THE FOLLOWING FOUR FACTORS: 26 (I) THE NUMBER OR PROPORTION OF LIMITED-ENGLISH PROFICIENT PERSONS IN 27 THE ELIGIBLE SERVICE POPULATION; 28 (II) THE FREQUENCY WITH WHICH LIMITED-ENGLISH PROFICIENT PERSONS COME 29 INTO CONTACT WITH THE AGENCY; 30 (III) THE IMPORTANCE OF THE BENEFIT, SERVICE, INFORMATION OR ENCOUNTER 31 TO THE LIMITED-ENGLISH PROFICIENT PERSONS, INCLUDING THE CONSEQUENCES OF 32 LACK OF LANGUAGE SERVICES OR INADEQUATE INTERPRETATION OR TRANSLATION; 33 AND 34 (IV) THE RESOURCES AVAILABLE TO THE AGENCY AND THE COSTS OF PROVIDING 35 VARIOUS TYPES OF LANGUAGE SERVICES; 36 (C) PROVIDE SERVICES IN LANGUAGES BASED ON AT LEAST THE TOP SIX 37 LANGUAGES SPOKEN BY THE LIMITED-ENGLISH PROFICIENCY POPULATION OF THE 38 CITY WITH A POPULATION OF ONE MILLION OR MORE, AS THOSE LANGUAGES ARE 39 RELEVANT TO SERVICES OFFERED BY EACH AGENCY; 40 (D) ENSURE THAT THE LANGUAGE ACCESS POLICY AND IMPLEMENTATION PLAN 41 INCLUDES THE FOLLOWING ELEMENTS FOR LIMITED-ENGLISH PROFICIENT PERSONS: 42 (I) IDENTIFICATION AND TRANSLATION OF ESSENTIAL PUBLIC DOCUMENTS 43 PROVIDED TO OR COMPLETED BY PROGRAM BENEFICIARIES AND/OR PARTICIPANTS; 44 (II) INTERPRETATION SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE 45 OF TELEPHONIC INTERPRETATION SERVICES FOR THE TOP SIX LANGUAGES, AS 46 DETERMINED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND OTHERS AS 47 APPROPRIATE; 48 (III) TRAINING OF FRONTLINE WORKERS AND MANAGERS ON LANGUAGE ACCESS 49 POLICIES AND PROCEDURES; 50 (IV) POSTING OF SIGNAGE IN CONSPICUOUS LOCATIONS ABOUT THE AVAILABILI- 51 TY OF FREE INTERPRETATION SERVICES; 52 (V) ESTABLISHMENT OF AN APPROPRIATE MONITORING AND MEASUREMENT SYSTEM 53 REGARDING THE PROVISION OF AGENCY LANGUAGE SERVICES; AND 54 (VI) CREATION OF APPROPRIATE PUBLIC AWARENESS STRATEGIES FOR THE AGEN- 55 CIES' SERVICES POPULATIONS. 56 S 4. This act shall take effect immediately.