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:

  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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01325-02-1

              

A. 7075                             2

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
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.