S T A T E O F N E W Y O R K
________________________________________________________________________
7075
2011-2012 Regular Sessions
I N A S S E M B L Y
April 11, 2011
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee 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.
LBD01325-02-1
A. 7075 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.