S T A T E O F N E W Y O R K
________________________________________________________________________
309--B
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PERALTA, P. RIVERA -- Multi-Sponsored by -- M. of
A. ALFANO, AUBRY, BARRA, CAHILL, COOK, ESPAILLAT, GLICK,
PEOPLES-STOKES, J. RIVERA, ROBINSON -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Governmental Operations in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
Section 1. The civil service law is amended by adding a new section
55-d to read as follows:
S 55-D. ENSURING LANGUAGE ASSISTANCE SERVICES BY STATE AGENCIES. 1.
EVERY STATE AGENCY SHALL PROVIDE LANGUAGE ASSISTANCE SERVICES TO ALL
LIMITED ENGLISH PROFICIENT INDIVIDUALS SO AS TO ENSURE THAT ALL SUCH
INDIVIDUALS WHO CANNOT SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH
LANGUAGE WITH THE PROFICIENCY NECESSARY FOR ADEQUATE COMMUNICATION WITH
AGENCY PERSONNEL HAVE EFFECTIVE ACCESS TO THE AGENCY'S PROGRAMS AND
SERVICES. EVERY STATE AGENCY SHALL ENSURE THAT ALL INDIVIDUALS PROVID-
ING LANGUAGE ASSISTANCE SERVICES TO LIMITED ENGLISH PROFICIENT INDIVID-
UALS HAVE SUFFICIENT FLUENCY IN BOTH ENGLISH AND THE RELEVANT LANGUAGE
TO COMMUNICATE INFORMATION NECESSARY FOR SUCH INDIVIDUAL TO ACCESS
SERVICES. LANGUAGE ASSISTANCE SERVICES FOR PRIMARY AND NON-PRIMARY
LANGUAGES SHALL BE AVAILABLE AT ALL AGENCY LOCATIONS OPEN FOR PUBLIC
BUSINESS, AND SHALL, TO THE EXTENT PRACTICABLE, BE PROVIDED IN PERSON.
TRANSLATION OF ALL FREQUENTLY USED FORMS AND OTHER WRITTEN MATERIALS
THAT ARE ESSENTIAL TO ACCESS AGENCY SERVICES SHALL BE AVAILABLE IN ALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00078-04-0
A. 309--B 2
OF THE AGENCY'S PRIMARY LANGUAGES. THE PRESIDENT SHALL DEVELOP AND
IMPLEMENT A COMPREHENSIVE LANGUAGE ASSISTANCE PLAN THAT ESTABLISHES
UNIFORM POLICIES AND PROCEDURES FOR PROVIDING LANGUAGE ASSISTANCE
SERVICES BY ALL STATE AGENCIES, INCLUDING PROCEDURES FOR DOCUMENTING THE
PROVISION OF OR REFUSAL OF LANGUAGE ASSISTANCE SERVICES, AND THAT
REQUIRES TRAINING TO ENSURE THAT ALL STAFF WHO HAVE CONTACT WITH LIMITED
ENGLISH PROFICIENT INDIVIDUALS COMPLY WITH THE PLAN. SUCH PERSON PROVID-
ING LANGUAGE ASSISTANCE SERVICES MAY BE A QUALIFIED INTERPRETER, VOLUN-
TARY WORKER OR OTHER PERSONNEL CURRENTLY EMPLOYED BY THE AGENCY.
2. ALL STATE AGENCIES SHALL PROVIDE WRITTEN NOTICE AS TO THE AVAIL-
ABILITY OF LANGUAGE ASSISTANCE SERVICES, INCLUDING ORAL INTERPRETATION
AND TRANSLATIONS OF FORMS AND OTHER MATERIALS. NOTICE OF AVAILABILITY OF
LANGUAGE ASSISTANCE SERVICES SHALL ALSO BE POSTED IN CONSPICUOUS AGENCY
LOCATIONS OPEN FOR PUBLIC BUSINESS IN ALL PRIMARY LANGUAGES.
3. ALL STATE AGENCIES SHALL MAINTAIN A RECORD OF THE PRIMARY LANGUAGES
SPOKEN BY ANY INDIVIDUAL SEEKING OR RECEIVING LANGUAGE ASSISTANCE
SERVICES AT SUCH AGENCY. SUCH INFORMATION SHALL BE RECORDED WHETHER OR
NOT SUCH INDIVIDUAL ACTUALLY OBTAINS SUCH SERVICE.
4. (A) ALL STATE AGENCIES SHALL SUBMIT TO THE PRESIDENT AN ANNUAL
REPORT ASSESSING ITS COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
THE REPORT SHALL IDENTIFY THE PRIMARY LANGUAGES USED BY THE PUBLIC, AND
THE PERCENTAGE OF THE AGENCY'S INTERACTION WITH THE PUBLIC WHO SPEAK
EACH PRIMARY LANGUAGE.
(B) ALL STATE AGENCIES SHALL MAINTAIN A RECORD OF THE FOREIGN LANGUAGE
PRIMARILY SPOKEN BY ANY INDIVIDUAL SEEKING OR RECEIVING LANGUAGE ASSIST-
ANCE SERVICES AT THE AGENCY. SUCH INFORMATION SHALL BE RECORDED WHETHER
OR NOT SUCH INDIVIDUAL ACTUALLY OBTAINS SERVICES.
(C) THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR AND TO THE LEGISLA-
TURE, ON OR BEFORE, MARCH FIRST OF EACH YEAR, A WRITTEN REPORT ON AGENCY
COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. THE REPORT SHALL ALSO
COMPILE AGENCY FINDINGS AND IDENTIFY THE PRIMARY LANGUAGES USED BY THE
PUBLIC, AND THE PERCENTAGE OF OVERALL AGENCY INTERACTION WITH THE PUBLIC
WHO SPEAK EACH PRIMARY LANGUAGE. THIS REPORT SHALL ALSO INCLUDE INDIVID-
UAL AGENCY REPORT SUBMISSIONS AS REQUIRED IN THIS SECTION.
5. THE PRESIDENT SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION, WHICH
SHALL INCLUDE THE METHODOLOGY TO BE USED BY AGENCIES IN DETERMINING
PRIMARY LANGUAGES.
6. FOR THE PURPOSES OF THIS SECTION: (A) "PRIMARY LANGUAGE" MEANS A
LANGUAGE OTHER THAN ENGLISH THAT IS EITHER (I) USED TO COMMUNICATE,
DURING AT LEAST FIVE PERCENT OF PUBLIC VISITS IN A YEAR, BY INDIVIDUALS
OF THE PUBLIC WHO CANNOT SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH
LANGUAGE AT THE LEVEL OF PROFICIENCY NECESSARY FOR EFFECTIVE COMMUNI-
CATION WITH AGENCY OFFICIALS; OR (II) SPOKEN BY NON-ENGLISH SPEAKING
INDIVIDUALS COMPRISING MORE THAN FIVE PERCENT OF THE AGENCY SERVICE AREA
POPULATION, AS CALCULATED BY USING DEMOGRAPHIC INFORMATION AVAILABLE
FROM THE UNITED STATES BUREAU OF THE CENSUS;
(B) "STATE AGENCY" MEANS ANY STATE DEPARTMENT, BOARD, BUREAU, DIVI-
SION, COMMISSION, COMMITTEE, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTI-
TY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE,
EXCEPT FOR THE JUDICIARY OR THE STATE LEGISLATURE.
(C) "LANGUAGE ASSISTANCE SERVICES" MEANS INTERPRETATION AND TRANS-
LATION SERVICES EITHER ORALLY OR IN WRITING.
(D) "LIMITED ENGLISH PROFICIENT INDIVIDUAL" MEANS A PERSON WHO IDENTI-
FIES AS BEING OR IS UNABLE TO SPEAK, READ OR WRITE THE ENGLISH LANGUAGE
A. 309--B 3
AT A LEVEL THAT PERMITS HIM OR HER TO INTERACT EFFECTIVELY WITH AN AGEN-
CY.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.