Senate Bill S1485

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

                                  1485

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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 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 PERSON-
NEL HAVE EFFECTIVE ACCESS TO THE AGENCY'S PROGRAMS AND SERVICES.   EVERY
AGENCY  SHALL  ENSURE THAT ALL INDIVIDUALS PROVIDING LANGUAGE ASSISTANCE
SERVICES TO  LIMITED  ENGLISH  PROFICIENT  INDIVIDUALS  HAVE  SUFFICIENT
FLUENCY  IN BOTH ENGLISH AND THE RELEVANT LANGUAGE TO COMMUNICATE INFOR-
MATION 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  PROCE-
DURES  FOR  PROVIDING  LANGUAGE  ASSISTANCE  SERVICES  BY  ALL 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 PROVIDING LANGUAGE ASSISTANCE SERVICES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01325-01-1

              

S. 1485                             2

MAY  BE  A  QUALIFIED  INTERPRETER,  VOLUNTARY WORKER OR OTHER PERSONNEL
CURRENTLY EMPLOYED BY THE AGENCY.
  2. ALL AGENCIES SHALL PROVIDE WRITTEN NOTICE AS TO THE AVAILABILITY OF
LANGUAGE  ASSISTANCE  SERVICES, INCLUDING ORAL INTERPRETATION AND TRANS-
LATIONS 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 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  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  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 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) "AGENCY" MEANS ANY  STATE  DEPARTMENT,  BOARD,  BUREAU,  DIVISION,
COMMISSION,  COMMITTEE,  COUNCIL,  OFFICE  OR  OTHER GOVERNMENTAL ENTITY
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 eightieth day after
it shall have become a law.