S T A T E   O F   N E W   Y O R K
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                                  6544

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced by M. of A. ORTIZ, ESPAILLAT, COOK, WEISENBERG -- Multi-Spon-
  sored  by -- M. of A.  DIAZ, ROBINSON -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law, in relation to bilingual services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "bilingual
services act".
  S 2. Legislative intent. The legislature  hereby  finds  and  declares
that  the effective maintenance and development of a free and democratic
society depends on the right and ability of its citizens  and  residents
to  communicate  with  their government and the right and ability of the
government to communicate with them.
  The legislature further finds and declares that substantial numbers of
persons who live, work and pay taxes in this state  are  unable,  either
because  they  do  not  speak  or write English at all, or because their
primary language is other than English, to effectively communicate  with
their  government. The legislature further finds and declares that state
and local agency employees frequently are  unable  to  communicate  with
persons  requiring their services because of this language barrier. As a
consequence, substantial numbers of persons presently are  being  denied
rights and benefits to which they would otherwise be entitled.
  It  is  the  intent of the legislature in enacting this legislation to
provide for effective communication between all levels of government  in
this state and the people of this state who are precluded from utilizing
public services because of language barriers.
  S 3. The executive law is amended by adding a new article 19-E to read
as follows:
                              ARTICLE 19-E
                           BILINGUAL SERVICES
SECTION 460. DEFINITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10012-01-9
              

A. 6544                             2

        461. EMPLOYMENT OF BILINGUAL PERSONS.
        462. IMPLEMENTATION.
        463. TRANSLATION OF MATERIALS EXPLAINING SERVICES AVAILABLE.
        464. DISTRIBUTION  OF  WRITTEN MATERIALS IN NON-ENGLISH LANGUAGE
               BY STATE AGENCY.
        465. EXCLUSIONS.
        466. FUNDING.
        467. TELEPHONE BASED INTERPRETATION SERVICES.
        468. SURVEY.
        469. EXEMPTIONS.
        470. ESTABLISHMENT OF BILINGUAL POSITIONS.
  S 460. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS A DIFFERENT  MEAN-
ING IS CLEARLY REQUIRED BY THE CONTEXT:
  1.  "BILINGUAL  PERSON"  MEANS  A PERSON WHO IS PROFICIENT IN BOTH THE
ENGLISH LANGUAGE AND THE FOREIGN LANGUAGE TO BE USED.
  2. "SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING PEOPLE"  MEANS  MEMBERS
OF  A GROUP WHO EITHER DO NOT SPEAK ENGLISH, OR WHO ARE UNABLE TO EFFEC-
TIVELY COMMUNICATE IN ENGLISH BECAUSE IT IS NOT THEIR  NATIVE  LANGUAGE,
AND  WHO COMPRISE FIVE PERCENT OR MORE OF THE PEOPLE SERVED BY ANY LOCAL
OFFICE OR FACILITY OF A STATE AGENCY.
  3. "SUFFICIENT NUMBER OF QUALIFIED BILINGUAL PERSONS IN PUBLIC CONTACT
POSITIONS" MEANS THE NUMBER  REQUIRED  TO  PROVIDE  THE  SAME  LEVEL  OF
SERVICES  TO  NON-ENGLISH  SPEAKING  PERSONS  AS IS AVAILABLE TO ENGLISH
SPEAKING PERSONS SEEKING SUCH SERVICES; PROVIDED,  HOWEVER,  THAT  WHERE
THE  LOCAL  OFFICE  OR  FACILITY  OF THE STATE EMPLOYS THE EQUIVALENT OF
TWENTY-FIVE OR FEWER REGULAR, FULL-TIME EMPLOYEES, IT  SHALL  CONSTITUTE
COMPLIANCE  WITH THE REQUIREMENTS OF THIS ARTICLE IF A SUFFICIENT NUMBER
OF QUALIFIED BILINGUAL PERSONS ARE EMPLOYED IN PUBLIC CONTACT POSITIONS,
OR AS INTERPRETERS TO ASSIST THOSE IN SUCH  POSITIONS,  TO  PROVIDE  THE
SAME  LEVEL  OF SERVICES TO NON-ENGLISH SPEAKING PERSONS AS IS AVAILABLE
TO ENGLISH SPEAKING PERSONS SEEKING SUCH SERVICES FROM  SUCH  OFFICE  OR
FACILITY.
  4. "PUBLIC CONTACT POSITION" MEANS A POSITION DETERMINED BY THE AGENCY
TO  BE  ONE  WHICH EMPHASIZES THE ABILITY TO MEET, CONTACT AND DEAL WITH
THE PUBLIC IN THE PERFORMANCE OF THE AGENCY'S FUNCTIONS.
  S 461. EMPLOYMENT OF BILINGUAL PERSONS.   1. EVERY  STATE  AGENCY,  AS
DEFINED  IN  SECTION  ONE  HUNDRED  FORTY-FIVE OF THIS CHAPTER, DIRECTLY
INVOLVED IN THE FURNISHING OF INFORMATION OR THE RENDERING  OF  SERVICES
TO  THE PUBLIC WHEREBY CONTACT IS MADE WITH A SUBSTANTIAL NUMBER OF NON-
ENGLISH SPEAKING PEOPLE, SHALL EMPLOY A SUFFICIENT NUMBER  OF  QUALIFIED
BILINGUAL  PERSONS  IN  PUBLIC  CONTACT POSITIONS TO ENSURE PROVISION OF
INFORMATION AND SERVICES TO THE PUBLIC, IN THE LANGUAGE OF THE NON-ENGL-
ISH SPEAKING PERSONS.
  2. EVERY LOCAL PUBLIC AGENCY, AS DEFINED IN SECTION FOUR  HUNDRED  ONE
OF  THIS  CHAPTER,  SERVING A SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING
PEOPLE, SHALL EMPLOY A SUFFICIENT NUMBER OF QUALIFIED BILINGUAL  PERSONS
IN  PUBLIC  CONTACT POSITIONS OR AS INTERPRETERS TO ASSIST THOSE IN SUCH
POSITIONS, TO ENSURE  PROVISION  OF  INFORMATION  AND  SERVICES  IN  THE
LANGUAGE  OF THE NON-ENGLISH SPEAKING PERSONS. THE DETERMINATION OF WHAT
CONSTITUTES A SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING  PEOPLE  AND  A
SUFFICIENT  NUMBER  OF  QUALIFIED BILINGUAL PERSONS SHALL BE MADE BY THE
LOCAL AGENCY.
  S 462. IMPLEMENTATION. AN EMPLOYEE OF A STATE OR LOCAL PUBLIC  AGENCY,
AS  THOSE TERMS ARE USED IN SECTION FOUR HUNDRED SIXTY-ONE OF THIS ARTI-
CLE, MAY NOT BE DISMISSED TO CARRY OUT THE PURPOSES OF THIS  ARTICLE.  A
STATE OR LOCAL PUBLIC AGENCY NEED ONLY IMPLEMENT THIS ARTICLE BY FILLING

A. 6544                             3

EMPLOYEE  PUBLIC  CONTACT  POSITIONS MADE VACANT BY RETIREMENT OR NORMAL
ATTRITION.
  S  463. TRANSLATION OF MATERIALS EXPLAINING SERVICES AVAILABLE. 1. ANY
MATERIALS EXPLAINING SERVICES AVAILABLE SHALL  BE  TRANSLATED  INTO  ANY
NON-ENGLISH LANGUAGE SPOKEN BY A SUBSTANTIAL NUMBER OF THE PUBLIC SERVED
BY THE AGENCY. WHENEVER NOTICE OF THE AVAILABILITY OF MATERIALS EXPLAIN-
ING SERVICES AVAILABLE IS GIVEN, ORALLY OR IN WRITING, IT SHALL BE GIVEN
IN ENGLISH AND IN THE NON-ENGLISH LANGUAGE INTO WHICH ANY MATERIALS HAVE
BEEN TRANSLATED. THE DETERMINATION OF WHEN THOSE MATERIALS ARE NECESSARY
WHEN  DEALING WITH LOCAL AGENCIES SHALL BE LEFT TO THE DISCRETION OF THE
LOCAL AGENCY.
  2. EVERY STATE AGENCY WHICH SERVES A SUBSTANTIAL NUMBER OF NON-ENGLISH
SPEAKING PEOPLE AND  WHICH  PROVIDES  MATERIALS  IN  ENGLISH  EXPLAINING
SERVICES  SHALL ALSO PROVIDE THE SAME TYPE OF MATERIALS IN ANY NON-ENGL-
ISH LANGUAGE SPOKEN BY A SUBSTANTIAL NUMBER OF THE PUBLIC SERVED BY  THE
AGENCY.  WHENEVER  NOTICE  OF  THE  AVAILABILITY OF MATERIALS EXPLAINING
SERVICES AVAILABLE IS GIVEN, ORALLY OR IN WRITING, IT SHALL BE GIVEN  IN
ENGLISH  AND  IN  THE NON-ENGLISH LANGUAGE INTO WHICH ANY MATERIALS HAVE
BEEN TRANSLATED. THIS SUBDIVISION SHALL NOT BE  INTERPRETED  TO  REQUIRE
VERBATIM  TRANSLATIONS  OF  ANY MATERIALS PROVIDED IN ENGLISH BY A STATE
AGENCY.
  S 464. DISTRIBUTION OF WRITTEN MATERIALS IN  NON-ENGLISH  LANGUAGE  BY
STATE  AGENCY.  WHENEVER A STATE AGENCY FINDS THAT THE FACTORS LISTED IN
SUBDIVISIONS ONE AND THREE OR TWO AND THREE OF THIS  SECTION  EXIST,  IT
SHALL  DISTRIBUTE  THE  APPLICABLE  WRITTEN MATERIALS IN THE APPROPRIATE
NON-ENGLISH  LANGUAGE  THROUGH  ITS  LOCAL  OFFICES  OR  FACILITIES   TO
NON-ENGLISH  SPEAKING  PERSONS,  OR, AS AN ALTERNATIVE, THE STATE AGENCY
MAY INSTEAD ELECT TO FURNISH TRANSLATION AIDS,  TRANSLATION  GUIDES,  OR
PROVIDE  ASSISTANCE AT SUCH LOCAL OFFICES IN COMPLETING ENGLISH FORMS OR
QUESTIONNAIRES AND IN UNDERSTANDING ENGLISH FORMS, LETTERS OR NOTICES.
  1. THE WRITTEN MATERIALS, WHETHER FORMS, APPLICATIONS, QUESTIONNAIRES,
LETTERS OR NOTICES, SOLICIT OR REQUIRE  THE  FURNISHING  OF  INFORMATION
FROM AN INDIVIDUAL OR PROVIDE THAT INDIVIDUAL WITH INFORMATION.
  2.  THE  INFORMATION  SOLICITED,  REQUIRED OR FURNISHED AFFECTS OR MAY
AFFECT THE INDIVIDUAL'S RIGHTS, DUTIES OR PRIVILEGES WITH REGARD TO THAT
AGENCY'S SERVICES OR BENEFITS.
  3. THE LOCAL OFFICE OR FACILITY OF THE AGENCY WITH WHICH THE  INDIVID-
UAL  IS  DEALING,  SERVES  A  SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING
PERSONS.
  S 465. EXCLUSIONS. THE PROVISIONS OF THIS ARTICLE ARE  NOT  APPLICABLE
TO  SCHOOL DISTRICTS, BOARDS OF EDUCATION OR THE OFFICE OF A SUPERINTEN-
DENT OF SCHOOLS.
  S 466. FUNDING. THE PROVISIONS OF THIS ARTICLE SHALL BE IMPLEMENTED TO
THE EXTENT THAT LOCAL, STATE OR FEDERAL FUNDS ARE AVAILABLE, AND TO  THE
EXTENT  PERMISSIBLE  UNDER  FEDERAL  LAW AND THE PROVISIONS OF THE CIVIL
SERVICE LAW GOVERNING STATE AND LOCAL AGENCIES.
  S 467. TELEPHONE BASED INTERPRETATION SERVICES.  STATE  AGENCIES  MAY,
UTILIZING  EXISTING  FUNDS,  CONTRACT FOR TELEPHONE BASED INTERPRETATION
SERVICES IN ADDITION TO EMPLOYING BILINGUAL PERSONS  IN  PUBLIC  CONTACT
POSITIONS.
  S  468. SURVEY. 1. EACH STATE AGENCY SHALL CONDUCT A SURVEY OF EACH OF
ITS LOCAL OFFICES EVERY TWO YEARS TO DETERMINE ALL OF THE FOLLOWING:
  (A) THE NUMBER OF PUBLIC CONTACT POSITIONS IN EACH LOCAL OFFICE.
  (B) THE NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS, AND
THE LANGUAGES THEY SPEAK, OTHER THAN ENGLISH.

A. 6544                             4

  (C) THE NUMBER AND PERCENTAGE OF NON-ENGLISH SPEAKING PEOPLE SERVED BY
EACH LOCAL OFFICE, BROKEN DOWN BY NATIVE LANGUAGE.
  (D) THE NUMBER OF ANTICIPATED VACANCIES IN PUBLIC CONTACT POSITIONS.
  (E)  WHETHER  THE  USE  OF  CONTRACTED  TELEPHONE BASED INTERPRETATION
SERVICES IN ADDITION TO BILINGUAL PERSONS IN PUBLIC CONTACT POSITIONS IS
SERVING THE LANGUAGE NEEDS OF THE PEOPLE SERVED BY THE AGENCY.
  (F) EACH AGENCY SHALL CALCULATE THE PERCENTAGE OF NON-ENGLISH SPEAKING
PEOPLE SERVED BY EACH LOCAL OFFICE BY ROUNDING THE PERCENTAGE ARRIVED AT
TO THE NEAREST WHOLE PERCENTAGE POINT.
  2. THE SURVEY RESULTS SHALL BE REPORTED ON FORMS PROVIDED BY THE STATE
DIVISION OF HUMAN RIGHTS, AND DELIVERED TO THE DIVISION NOT  LATER  THAN
MARCH  THIRTY-FIRST OF EVERY EVEN-NUMBERED YEAR BEGINNING WITH TWO THOU-
SAND TEN.
  3. THE RESULTS OF THE SURVEY SHALL BE COMPILED BY THE  STATE  DIVISION
OF  HUMAN RIGHTS AND PROVIDED IN A REPORT TO BOTH HOUSES OF THE LEGISLA-
TURE EVERY TWO YEARS.
  S 469. EXEMPTIONS. 1. THE STATE DIVISION OF HUMAN  RIGHTS  MAY  EXEMPT
STATE AGENCIES FROM THE REQUIREMENTS OF SECTION FOUR HUNDRED SIXTY-EIGHT
OF  THIS ARTICLE WHERE THE DIVISION DETERMINES THAT ANY OF THE FOLLOWING
CONDITIONS APPLY:
  (A) THE AGENCY DOES NOT FURNISH INFORMATION OR RENDER SERVICES TO  THE
PUBLIC.
  (B)  THE  AGENCY HAS CONSISTENTLY RECEIVED SUCH LIMITED PUBLIC CONTACT
WITH THE NON-ENGLISH SPEAKING PUBLIC THAT IT HAS NOT  BEEN  REQUIRED  TO
EMPLOY  BILINGUAL  STAFF  UNDER  SECTION  FOUR HUNDRED SIXTY-ONE OF THIS
ARTICLE.
  2. IN ORDER TO RECEIVE AN EXEMPTION, EACH STATE AGENCY  MUST  ANNUALLY
PETITION  THE  STATE  DIVISION  OF  HUMAN  RIGHTS  FOR THE EXEMPTION AND
RECEIVE APPROVAL IN WRITING. AN AGENCY MAY NOT RECEIVE AN EXEMPTION  FOR
MORE THAN THREE CONSECUTIVE YEARS.
  S  470.  ESTABLISHMENT  OF BILINGUAL POSITIONS. THE PROVISIONS OF THIS
ARTICLE ARE NOT INTENDED TO  PROHIBIT  THE  ESTABLISHMENT  OF  BILINGUAL
POSITIONS,  OR PRINTING OF MATERIALS, OR USE OF INTERPRETERS, WHERE LESS
THAN FIVE PERCENT OF THE PEOPLE SERVED  DO  NOT  SPEAK  ENGLISH  OR  ARE
UNABLE  TO  COMMUNICATE  EFFECTIVELY,  AS  DETERMINED APPROPRIATE BY THE
STATE OR LOCAL AGENCY. THIS ARTICLE IS NOT INTENDED TO REQUIRE THAT  ALL
PUBLIC CONTACT POSITIONS BE FILLED WITH BILINGUAL PERSONS.
  S 4. This act shall take effect January 1, 2010.