NY State Senate Bill 2011-S1736

Senate Bill S1736

2011-2012 Legislative Session

Enacts the "Equal Access to Health and Human Services for Limited English Speaking Individuals" act

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to finance
Jan 11, 2011	referred to finance

2011-S1736 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 14-A §§275 - 288, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2281
2013-2014: S2915
2015-2016: S1366
2017-2018: S3260
2019-2020: S4101
2021-2022: S4446
2023-2024: S5147

2011-S1736 (ACTIVE) - Summary

Enacts the "Equal Access to Health and Human Services for Limited English Speaking Individuals Act"; directs certain state agencies to provide language assistance services for persons seeking family assistance, health or labor services; requires record keeping; requires free translation for 22 languages.

2011-S1736 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1736

TITLE OF BILL:

An act
to amend the executive law, in relation to ensuring equal access to
health and human services for limited English speaking individuals

PURPOSE:

Enacts the "Equal Access to Health and Human Services for Limited
English Speaking Individuals Act."

SUMMARY OF PROVISIONS:

Section 1. Legislative Intent.

Section 2. Creates Article 14-A of the public health law: "Equal
Access to Health and Human services for Limited English Speaking
Individuals."

Definitions.

Requires an agency or agency contractor to provide language
assistance services free of charge to individuals with limited
English language proficiency.

Requires an agency or agency contractor, upon initial contact by an
individual, to notify such individual regarding the right to free
language assistance services, upon determination that the
individual's primary language is not English.

Requires an agency or agency contractor to determine, within one
hundred eighty days after the effective date of this article, to
determine the primary language of each individual currently receiving
services or benefits. If it is determined that such individual's
primary language is not English, then the agency or agency contractor
shall inform the individual of his or her right to free language
assistance services.

Requires each agency and agency contractor at all sites in which
services are offered to the public to post signs in Albanian, Arabic,
Bengali, Cantonese, Creole, French, German, Greek, Hebrew, Hindi,
Italian, Khmer, Korean, Mandarin, Polish, Punjabi (Gurmukhi),
Serbo-Croatian, Spanish, Russian, Urdu, Vietnamese and Yiddish that
free language assistance services are available.

Requires records to be kept regarding the primary language of
individuals seeking services, whether or not services are provided.

Requires Level I language assistance services to be provided
immediately, if on an annual basis, one hundred or more limited
English proficient individuals belonging to the same primary language
group seek or receive services from the agency or agency contractor.


Requires Level I language assistance services to be provided within
twenty-four hours, if on an annual basis, twenty-five but no more
than ninety-nine limited English proficient individuals belonging to
the same primary language group seek or receive services from the
agency or agency contractor.

Requires either Level I or Level II language assistance services to be
provided within twenty-four hours, if on an annual basis, fewer than
twenty-five individuals belonging to the same primary language group
seek or receive services from the agency or agency contractor.

Requires the agency or agency contractor, within ninety days after the
effective date of this article, to determine the number of limited
English proficient individuals for each primary language group
seeking or receiving services, in order to project the annual number
of such individuals in need of language assistance services.

Specifies that English versions of all documents shall include the
following statement: "IMPORTANT: This document contains important
information about your benefits. We will translate this document for
you free of charge" and that such statement be in ten-point type in
Albanian, Arabic, Bengali, Cantonese, Creole, French, German, Greek,
Hebrew, Hindi, Italian, Khmer, Korean, Mandarin, Polish, Punjabi
(Gurmukhi), Serbo-Croatian, Spanish, Russian, Urdu, Vietnamese and
Yiddish.

Requires an agency or an agency contractor to provide screening and
training before bilingual or interpreter personnel provide language
assistance services. Requires annual training for such personnel.

Requires language assistance services to be performed by employees of
such agency.

Requires annual audits by the comptroller to determine the
effectiveness of language assistance services.

Allows an individual to commence a civil claim within one year, if an
agency or agency contractor fails to provide language assistance
services as required by this article.

Requires each agency to promulgate necessary rules in order to
implement the provisions of this article.

Section 3. Effective Date.

JUSTIFICATION:

The Federal Department of Health and Human Services, Office of Civil
Rights, which is responsible for enforcing Title VI of the Civil
Rights Act of 1964 in Department of Health and Human Services
Programs, determined that the New York State Department of Temporary
and Disability
Assistance, the New York State Department of Health, the New York City
Human Resources Administration and the Departments of Social Services
in Nassau and Suffolk Counties were in violation of Title VI based
upon the State and Counties' failure to provide interpretation
services for limited English proficient individuals. The Office of


Civil Rights found that limited English proficient individuals
applying for benefits such as Food Stamps and Public Assistance for
children and Medicaid benefits were routinely unable to access these
benefits due to their inability to speak English. The inability to
access these services and the failure to provide language assistance
services is a violation of Title VI by discriminating against
individuals based on their national origin.

This bill will serve a twofold purpose: 1) it will ensure that New
York State is in compliance with federal law by ensuring access to
programs that receive federal assistance and, 2) it will ensure
access to health and human services to individuals whose primary
language is not English by requiring language assistance services to
those individuals.

LEGISLATIVE HISTORY:

2010: S.2281 Referred to Finance
2008: S.2481 Referred to Finance
2006: S.2869 Referred to Finance

FISCAL IMPLICATIONS:

None to the State.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2011-S1736 (ACTIVE) - Bill Text download pdf

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

                                  1736

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

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

AN ACT to amend the executive law, in relation to ensuring equal  access
  to health and human services for limited English speaking individuals

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

  Section 1. Declaration of legislative findings and intent. Title VI of
the civil rights act of 1964 provides in pertinent part that "no  person
in  the  United  States  shall  on the ground of race, color or national
origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or  activity  receiving
federal  assistance."  The  United  States department of justice and the
department of health and human services  have  stated  that  failure  to
provide  language  assistance  to  limited  English speaking individuals
seeking assistance in federally funded, state supervised or administered
programs amounts to a violation of Title VI  by  discriminating  against
such individuals based upon their national origin.
  It  is  and has been the policy of the state of New York to oppose all
forms of discrimination, particularly when it relates to  the  provision
of state services, or locally provided services under state supervision.
However,  the  department  of  health and human services office of civil
rights, the office responsible for enforcing Title VI in  department  of
health  and  human  services  programs,  found  that  the New York state
departments of temporary and disability assistance, the New  York  state
department  of health, the New York City human resources administration,
and the departments of social services in Nassau  and  Suffolk  counties
were in violation of Title VI based upon the state and counties' failure
to  provide interpretation services for limited English proficient indi-
viduals. Specifically, the office of civil  rights  found  that  limited
English proficient clients seeking and/or applying for subsistence bene-
fits such as food stamps and public assistance for children and Medicaid
benefits  were  routinely  unable  to  access such benefits due to their
inability to speak English.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD02168-01-1

S. 1736                             2

  A legislative hearing on immigrant child  welfare  issues  also  found
that  the  lack of interpreters in child welfare cases resulted in chil-
dren in families who were limited English proficient were  unnecessarily
removed  from  their  parents.  In  addition, limited English proficient
residents  of New York have been unable to access unemployment and other
services from the department of labor due  to  the  lack  of  translated
materials  and  interpreters.  The  New  York equal access to health and
human services for limited English speaking  individuals  act  serves  a
twofold  purpose:    first,  the  act  will  ensure that the state is in
compliance with federal law in ensuring access to benefits and  opportu-
nities  to  participate  in  any  program  or activity receiving federal
assistance; second, and more importantly, the act will ensure  that  all
those in need of health and human services receive them, and that no one
attempting  to  access such services will be discriminated against based
upon the language they speak.
  S 2. The executive law is amended by adding a new article 14-A to read
as follows:
                              ARTICLE 14-A
      EQUAL ACCESS TO HEALTH AND HUMAN SERVICES FOR LIMITED ENGLISH
                          SPEAKING INDIVIDUALS
SECTION 275. SHORT TITLE.
        276. DEFINITIONS.
        277. AGENCIES.
        278. LANGUAGE ASSISTANCE SERVICES.
        279. NOTICES.
        280. RECORDS.
        281. LANGUAGE ASSISTANCE SERVICES REQUIRED.
        282. SCREENING AND TRAINING.
        283. MISCELLANEOUS.
        284. COMPTROLLER AUDITS.
        285. CIVIL CAUSE OF ACTION.
        286. LIMITATIONS.
        287. RULES.
        288. SEVERABILITY.
  S 275. SHORT TITLE.  THIS ACT SHALL BE KNOWN AND MAY BE CITED  AS  THE
"EQUAL  ACCESS TO HEALTH AND HUMAN SERVICES FOR LIMITED ENGLISH SPEAKING
INDIVIDUALS ACT".
  S 276. DEFINITIONS. WHEN USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "AGENCY"  SHALL  MEAN THOSE ENTITIES, INCLUDING ANY PART, SUBDIVI-
SION, FIELD OFFICE OR SATELLITE FACILITY, INCLUDING OFFICES OPERATED  BY
COUNTY  GOVERNMENTS,  REQUIRED  TO  PROVIDE LANGUAGE ASSISTANCE SERVICES
PURSUANT TO THIS ARTICLE.
  2. "AGENCY CONTRACTOR" SHALL MEAN ANY INDIVIDUAL, SOLE PROPRIETORSHIP,
PARTNERSHIP, COMMUNITY BASED ORGANIZATION, JOINT  VENTURE  OR  CORPORATE
ENTITY,  INCLUDING  ANY  PART,  SUBDIVISION,  FIELD  OFFICE OR SATELLITE
FACILITY, WHICH ENTERS INTO A CONTRACT OR CONTRACTS WITH  AN  AGENCY  TO
PROVIDE  AGENCY-RELATED  SERVICES  TO  THE  PUBLIC, AND WHICH RECEIVES A
TOTAL OF ONE MILLION DOLLARS OR MORE IN PAYMENT FOR SUCH SERVICES ON  AN
ANNUALIZED BASIS PURSUANT TO THE TERMS OF SUCH CONTRACT OR CONTRACTS.
  3.  "BILINGUAL  PERSONNEL"  SHALL  MEAN  AGENCY  OR  AGENCY CONTRACTOR
EMPLOYEES, EXCLUDING  PARTICIPANTS  IN  WORK  EXPERIENCE  PROGRAMS,  WHO
PROVIDE LANGUAGE ASSISTANCE SERVICES IN ADDITION TO THEIR DUTIES.
  4.  "CONTRACT"  SHALL  MEAN  ANY  WRITTEN AGREEMENT, PURCHASE ORDER OR
INSTRUMENT WHEREBY THE AGENCY IS COMMITTED  TO  EXPEND  OR  DOES  EXPEND

S. 1736                             3

FUNDS  IN  RETURN  FOR  WORK, LABOR, SERVICES, OR ANY COMBINATION OF THE
FOREGOING.
  5.  "DOCUMENTS"  SHALL  MEAN  WRITTEN  MATERIAL, WHETHER ELECTRONIC OR
PRINTED, INCLUDING BUT NOT LIMITED TO, FORMS, APPLICATIONS, NOTICES  AND
CORRESPONDENCE, THAT REQUIRE A RESPONSE OR AFFECT BENEFITS LEVELS AND/OR
SERVICES.
  6.  "INTERPRETER  PERSONNEL"  SHALL  MEAN  AGENCY OR AGENCY CONTRACTOR
EMPLOYEES WHOSE SOLE RESPONSIBILITY IS TO  PROVIDE  LANGUAGE  ASSISTANCE
SERVICES.  SUCH  DEFINITION  SHALL  NOT  INCLUDE WORK EXPERIENCE PROGRAM
PARTICIPANTS.
  7. "INTERPRETATION SERVICES" SHALL MEAN ORAL,  CONTEMPORANEOUS  INTER-
PRETATION OF ORAL CONVERSATIONS.
  8.  "LANGUAGE  ASSISTANCE  SERVICES"  SHALL  MEAN LEVEL I AND LEVEL II
LANGUAGE ASSISTANCE SERVICES AS DEFINED IN THIS SECTION.
  9. "LEVEL I LANGUAGE ASSISTANCE SERVICES"  SHALL  MEAN  INTERPRETATION
SERVICES  AND  TRANSLATION  SERVICES  PROVIDED BY BILINGUAL PERSONNEL OR
INTERPRETER PERSONNEL TO LIMITED  ENGLISH  PROFICIENT  INDIVIDUALS  THAT
ENSURES  THEIR  ABILITY TO COMMUNICATE EFFECTIVELY WITH AGENCY OR AGENCY
CONTRACTOR PERSONNEL, ACCESS BENEFITS AND SERVICES, PARTICIPATE  EQUALLY
IN ALL SUBSTANTIVE PROGRAMS AND UNDERSTAND DOCUMENTS; PROVIDED, HOWEVER,
THAT SUCH SERVICES MAY NOT BE PROVIDED BY VOLUNTEERS, RELATIVES, SPOUSES
OR  DOMESTIC PARTNERS OF AN INDIVIDUAL IN NEED OF SUCH SERVICES, OR BY A
CLIENT OF THE AGENCY OR AGENCY CONTRACTOR FROM WHICH SUCH INDIVIDUAL  IS
SEEKING ASSISTANCE.
  10.  "LEVEL  II  LANGUAGE  ASSISTANCE  SERVICES"  SHALL  MEAN LANGUAGE
ASSISTANCE SERVICES PROVIDED TO LIMITED ENGLISH  PROFICIENT  INDIVIDUALS
BY  MEANS  OTHER  THAN INTERPRETER PERSONNEL OR BILINGUAL PERSONNEL THAT
ENSURES THEIR ABILITY TO COMMUNICATE EFFECTIVELY WITH AGENCY  OR  AGENCY
CONTRACTOR  PERSONNEL, ACCESS BENEFITS AND SERVICES, PARTICIPATE EQUALLY
IN ALL SUBSTANTIVE PROGRAMS AND UNDERSTAND DOCUMENTS; PROVIDED, HOWEVER,
THAT SUCH SERVICES MAY NOT BE PROVIDED BY VOLUNTEERS, RELATIVES, SPOUSES
OR DOMESTIC PARTNERS OF AN INDIVIDUAL IN NEED OF SUCH SERVICES, OR BY  A
CLIENT  OF THE AGENCY OR AGENCY CONTRACTOR FROM WHICH SUCH INDIVIDUAL IS
SEEKING ASSISTANCE.
  11. "LIMITED ENGLISH PROFICIENT INDIVIDUAL" SHALL MEAN  AN  INDIVIDUAL
WHO IDENTIFIES AS BEING, OR IS EVIDENTLY, UNABLE TO SPEAK, READ OR WRITE
THE  ENGLISH  LANGUAGE  AT  A  LEVEL THAT PERMITS HIM OR HER TO INTERACT
EFFECTIVELY WITH AGENCY OR AGENCY CONTRACTOR PERSONNEL.
  12. "PRIMARY LANGUAGE" SHALL MEAN THE LANGUAGE  CHOSEN  BY  A  LIMITED
ENGLISH  PROFICIENT INDIVIDUAL AS THE LANGUAGE TO BE USED IN COMMUNICAT-
ING WITH SUCH INDIVIDUAL.
  13. "PRIMARY LANGUAGE GROUP" SHALL MEAN A GROUP OF INDIVIDUALS SHARING
THE SAME PRIMARY LANGUAGE.
  14. "TRANSLATION SERVICES"  SHALL  MEAN  THE  TRANSLATION  OF  WRITTEN
MATTER EITHER ORALLY OR IN WRITING.
  S 277. AGENCIES. THE FOLLOWING ENTITIES SHALL PROVIDE LANGUAGE ASSIST-
ANCE SERVICES FOR SERVICES DIRECTLY PROVIDED BY SUCH AGENCY AND SHALL BE
RESPONSIBLE  FOR  ENSURING  THAT  COUNTY AGENCIES AND AGENCY CONTRACTORS
PROVIDING SERVICES UNDER STATE SUPERVISION PROVIDE  LANGUAGE  ASSISTANCE
SERVICES,  AS REQUIRED UNDER THIS ARTICLE: THE NEW YORK STATE DEPARTMENT
OF FAMILY ASSISTANCE, THE NEW YORK STATE DEPARTMENT OF HEALTH,  AND  THE
NEW YORK STATE DEPARTMENT OF LABOR.
  S  278.  LANGUAGE  ASSISTANCE  SERVICES.  1.  EACH  AGENCY  AND AGENCY
CONTRACTOR SHALL PROVIDE LANGUAGE ASSISTANCE SERVICES AS REQUIRED  UNDER
THIS ARTICLE FREE OF CHARGE TO LIMITED ENGLISH PROFICIENT INDIVIDUALS.

S. 1736                             4

  2.  AGENCY  CONTRACTORS  SHALL PROVIDE LANGUAGE ASSISTANCE SERVICES AS
REQUIRED UNDER THIS ARTICLE FOR PROGRAMS AND/OR SERVICES OFFERED  PURSU-
ANT TO A CONTRACT OR CONTRACTS WITH AN AGENCY.
  S  279.  NOTICES.  1. UPON INITIAL CONTACT, WHETHER BY TELEPHONE OR IN
PERSON, WITH AN INDIVIDUAL SEEKING BENEFITS AND/OR SERVICES  OFFERED  BY
AN  AGENCY  OR AGENCY CONTRACTOR, SUCH AGENCY OR AGENCY CONTRACTOR SHALL
NOTIFY  SUCH  INDIVIDUAL  OF  THE  RIGHT  TO  FREE  LANGUAGE  ASSISTANCE
SERVICES.  IMMEDIATELY FOLLOWING SUCH NOTIFICATION, THE AGENCY OR AGENCY
CONTRACTOR SHALL DETERMINE THE PRIMARY LANGUAGE OF SUCH INDIVIDUAL. SUCH
DETERMINATION SHALL BE MADE BY ASKING THE INDIVIDUAL TO INDICATE HIS  OR
HER PRIMARY LANGUAGE. IF IT IS DETERMINED THAT SUCH INDIVIDUAL'S PRIMARY
LANGUAGE  IS  NOT  ENGLISH,  THEN  UPON SUCH DETERMINATION THE AGENCY OR
AGENCY CONTRACTOR SHALL INFORM SUCH INDIVIDUAL IN  HIS  OR  HER  PRIMARY
LANGUAGE OF THE RIGHT TO FREE LANGUAGE ASSISTANCE SERVICES.
  2.  WITHIN  ONE  HUNDRED  EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS
ARTICLE, EACH AGENCY AND AGENCY CONTRACTOR SHALL DETERMINE  THE  PRIMARY
LANGUAGE OF EACH INDIVIDUAL CURRENTLY RECEIVING BENEFITS AND/OR SERVICES
PROVIDED  BY  SUCH  AGENCIES AND AGENCY CONTRACTORS. IF IT IS DETERMINED
THAT ANY SUCH INDIVIDUAL'S PRIMARY LANGUAGE IS NOT  ENGLISH,  THEN  UPON
SUCH  DETERMINATION  THE  AGENCY  OR AGENCY CONTRACTOR SHALL INFORM SUCH
INDIVIDUAL IN HIS OR HER PRIMARY LANGUAGE OF THE RIGHT TO FREE  LANGUAGE
ASSISTANCE SERVICES.
  3.  EACH  AGENCY AND AGENCY CONTRACTOR SHALL POST CONSPICUOUS SIGNS IN
ALBANIAN, ARABIC, BENGALI, CANTONESE,  CREOLE,  FRENCH,  GERMAN,  GREEK,
HEBREW, HINDI, ITALIAN, KHMER, KOREAN, MANDARIN, POLISH, PUNJABI (GURMU-
KHI), SERBO-CROATIAN, SPANISH, RUSSIAN, URDU, VIETNAMESE, AND YIDDISH AT
ALL  AGENCY AND AGENCY CONTRACTOR OFFICES IN WHICH SERVICES ARE PROVIDED
TO THE PUBLIC INFORMING LIMITED ENGLISH PROFICIENT INDIVIDUALS OF  THEIR
RIGHT TO FREE LANGUAGE ASSISTANCE SERVICES.
  S  280.  RECORDS.  EACH  AGENCY AND AGENCY CONTRACTOR SHALL MAINTAIN A
RECORD OF THE PRIMARY LANGUAGE OF INDIVIDUALS SEEKING OR RECEIVING AGEN-
CY  OR  AGENCY  CONTRACTOR  SERVICES.  PRIMARY  LANGUAGE  DETERMINATIONS
REGARDING INDIVIDUALS SEEKING AGENCY OR AGENCY CONTRACTOR SERVICES SHALL
BE  RECORDED  WHETHER  OR  NOT  SUCH  INDIVIDUAL  ACTUALLY  OBTAINS SUCH
SERVICES.
  S 281. LANGUAGE ASSISTANCE SERVICES REQUIRED.  1.  IF,  ON  AN  ANNUAL
BASIS,  ONE  HUNDRED  OR  MORE  LIMITED  ENGLISH  PROFICIENT INDIVIDUALS
BELONGING TO THE SAME PRIMARY LANGUAGE GROUP SEEK OR RECEIVE SERVICES OR
BENEFITS AT AN AGENCY OR AGENCY CONTRACTOR, THEN SUCH AGENCY  OR  AGENCY
CONTRACTOR SHALL PROVIDE LEVEL I LANGUAGE ASSISTANCE SERVICES IMMEDIATE-
LY  IN  ALL  INTERACTIONS  WITH A MEMBER OF SUCH PRIMARY LANGUAGE GROUP,
WHETHER SUCH INTERACTION IS BY TELEPHONE OR IN PERSON,  AND  ALL  CORRE-
SPONDENCE  FROM  SUCH  AGENCY OR AGENCY CONTRACTOR TO ANY MEMBER OF SUCH
PRIMARY LANGUAGE  GROUP  SHALL  BE  WRITTEN  IN  SUCH  MEMBER'S  PRIMARY
LANGUAGE.
  2.  IF,  ON  AN ANNUAL BASIS, BETWEEN AT LEAST TWENTY-FIVE BUT NO MORE
THAN NINETY-NINE LIMITED ENGLISH PROFICIENT INDIVIDUALS BELONGING TO THE
SAME PRIMARY LANGUAGE GROUP SEEK OR RECEIVE SERVICES OR BENEFITS  AT  AN
AGENCY OR AGENCY CONTRACTOR, THEN SUCH AGENCY OR AGENCY CONTRACTOR SHALL
PROVIDE LEVEL I LANGUAGE ASSISTANCE SERVICES WITHIN TWENTY-FOUR HOURS OF
A REQUEST FOR SUCH SERVICES BY A MEMBER OF SUCH PRIMARY LANGUAGE GROUP.
  3.  IF,  ON  AN  ANNUAL  BASIS, FEWER THAN TWENTY-FIVE LIMITED ENGLISH
PROFICIENT INDIVIDUALS BELONGING TO THE SAME PRIMARY LANGUAGE GROUP SEEK
OR RECEIVE SERVICES OR BENEFITS AT AN AGENCY OR AGENCY CONTRACTOR,  THEN
SUCH  AGENCY OR AGENCY CONTRACTOR SHALL PROVIDE LEVEL I LANGUAGE ASSIST-
ANCE  SERVICES  OR  LEVEL  II  LANGUAGE   ASSISTANCE   SERVICES   WITHIN

S. 1736                             5

TWENTY-FOUR  HOURS  OF  A REQUEST FOR LANGUAGE ASSISTANCE BY A MEMBER OF
SUCH PRIMARY LANGUAGE GROUP.
  4. DURING THE FIRST NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTI-
CLE,  EACH  AGENCY  AND  AGENCY CONTRACTOR SHALL DETERMINE THE NUMBER OF
LIMITED ENGLISH PROFICIENT INDIVIDUALS FOR EACH PRIMARY  LANGUAGE  GROUP
SEEKING  AND/OR RECEIVING SERVICES FROM SUCH AGENCY OR AGENCY CONTRACTOR
DURING SUCH PERIOD, AND SHALL MULTIPLY  EACH  SUCH  NUMBER  BY  FOUR  TO
DETERMINE  A PROJECTED ANNUAL NUMBER OF LIMITED ENGLISH PROFICIENT INDI-
VIDUALS IN NEED OF LANGUAGE ASSISTANCE  SERVICES.  THE  RESULT  OF  SUCH
CALCULATION  SHALL  DETERMINE  THE  INITIAL LEVEL OF LANGUAGE ASSISTANCE
SERVICES REQUIRED UNDER THIS SECTION. THE DETERMINATION OF THE LEVEL  OF
LANGUAGE  ASSISTANCE  SERVICES REQUIRED UNDER THIS ARTICLE SHALL BE MADE
ANNUALLY AND BASED ON ANNUAL DATA THEREAFTER.
  5. WHERE AN APPLICATION OR FORM REQUIRES COMPLETION IN  ENGLISH  BY  A
LIMITED ENGLISH PROFICIENT INDIVIDUAL FOR SUBMISSION TO A STATE AUTHORI-
TY,  THE  AGENCY  OR AGENCY CONTRACTOR SHALL PROVIDE ORAL TRANSLATION OF
SUCH APPLICATION OR FORM AS WELL AS CERTIFICATION BY THE LIMITED ENGLISH
PROFICIENT INDIVIDUAL THAT THE FORM WAS TRANSLATED AND COMPLETED  BY  AN
INTERPRETER.
  6.  ENGLISH  VERSIONS OF ALL DOCUMENTS SHALL INCLUDE IN TEN POINT TYPE
IN ALBANIAN, ARABIC, BENGALI, CANTONESE, CREOLE, FRENCH, GERMAN,  GREEK,
HEBREW, HINDI, ITALIAN, KHMER, KOREAN, MANDARIN, POLISH, PUNJABI (GURMU-
KHI),  SERBO-CROATIAN,  SPANISH,  RUSSIAN, URDU, VIETNAMESE, AND YIDDISH
THE FOLLOWING STATEMENT: "IMPORTANT: THIS  DOCUMENT  CONTAINS  IMPORTANT
INFORMATION ABOUT YOUR BENEFITS. WE WILL TRANSLATE THIS DOCUMENT FOR YOU
FREE  OF  CHARGE." FOLLOWING SUCH STATEMENT SHALL BE THE NAME, TELEPHONE
NUMBER AND ADDRESS OF THE AGENCY OR  AGENCY  CONTRACTOR  TO  CONTACT  TO
REQUEST FREE TRANSLATION OF THE DOCUMENT.
  S 282. SCREENING AND TRAINING. 1. BEFORE BILINGUAL PERSONNEL OR INTER-
PRETER  PERSONNEL MAY PROVIDE LANGUAGE ASSISTANCE SERVICES, SUCH PERSON-
NEL MUST BE SCREENED BY THE AGENCY OR AGENCY CONTRACTOR  EMPLOYING  SUCH
PERSONNEL  TO  ENSURE  THAT  THEY ARE CAPABLE OF PROVIDING SUCH SERVICES
EFFECTIVELY. IN  ADDITION,  EACH  AGENCY  AND  AGENCY  CONTRACTOR  SHALL
PROVIDE ANNUAL TRAINING FOR SUCH PERSONNEL TO ENSURE THAT SUCH PERSONNEL
ARE PROVIDING LANGUAGE ASSISTANCE SERVICES EFFECTIVELY.
  2.  EACH  AGENCY  OR  AGENCY  CONTRACTOR  PROVIDING  LEVEL II LANGUAGE
ASSISTANCE SERVICES SHALL ENSURE THAT SUCH SERVICES ARE EFFECTIVE.
  S 283. MISCELLANEOUS. 1. NOTHING IN THIS  SECTION  SHALL  PRECLUDE  AN
AGENCY OR AGENCY CONTRACTOR FROM PROVIDING LANGUAGE SERVICES IN ADDITION
TO THOSE REQUIRED UNDER THIS ARTICLE.
  2.  LANGUAGE  ASSISTANCE SERVICES REQUIRED PURSUANT TO THIS ARTICLE TO
BE PROVIDED BY AN AGENCY SHALL BE PERFORMED BY EMPLOYEES OF SUCH AGENCY.
  3. IF AN AGENCY CONTRACTOR ENTERS INTO AN AGREEMENT WITH AN ENTITY  TO
PROVIDE  SERVICES  TO THE PUBLIC THAT SUCH AGENCY CONTRACTOR IS REQUIRED
TO PROVIDE UNDER A CONTRACT WITH AN AGENCY, THEN SUCH  ENTITY  SHALL  BE
CONSIDERED  AN  AGENCY CONTRACTOR FOR PURPOSES OF THIS ARTICLE AND SHALL
PROVIDE LANGUAGE ASSISTANCE SERVICES AS REQUIRED IN THIS ARTICLE.
  4. THIS ARTICLE SHALL  NOT  APPLY  TO  ANY  CONTRACT  WITH  AN  AGENCY
CONTRACTOR  ENTERED  INTO  PRIOR  TO THE EFFECTIVE DATE OF THIS ARTICLE,
EXCEPT THAT RENEWAL, AMENDMENT OR MODIFICATION OF SUCH  CONTRACT  OCCUR-
RING  ON OR AFTER SUCH EFFECTIVE DATE SHALL BE SUBJECT TO THE PROVISIONS
OF THIS ARTICLE.
  S 284. COMPTROLLER AUDITS. 1. THE  COMPTROLLER  SHALL  CONDUCT  ANNUAL
AUDITS  OF  THE  AGENCIES  AND  AGENCY  CONTRACTORS  REQUIRED TO PROVIDE
LANGUAGE ASSISTANCE SERVICES PURSUANT TO  THIS  ARTICLE.    SUCH  AUDITS
SHALL  GENERALLY  DETERMINE THE EFFECTIVENESS OF THE LANGUAGE ASSISTANCE

S. 1736                             6

SERVICES PROVIDED BY EACH AGENCY AND  AGENCY  CONTRACTOR.  SPECIFICALLY,
SUCH AUDITS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMA-
TION:    (A)  THE  NUMBER  OF REQUESTS FOR LANGUAGE ASSISTANCE SERVICES,
DISAGGREGATED  BY AGENCY AND AGENCY CONTRACTOR, TYPE OF LANGUAGE ASSIST-
ANCE REQUESTED AND PRIMARY LANGUAGE;
  (B) THE NUMBER  OF  LIMITED  ENGLISH  PROFICIENT  INDIVIDUALS  SERVED,
DISAGGREGATED  BY AGENCY AND AGENCY CONTRACTOR, TYPE OF LANGUAGE ASSIST-
ANCE REQUESTED AND PRIMARY LANGUAGE;
  (C) THE NUMBER OF BILINGUAL PERSONNEL AND THE  NUMBER  OF  INTERPRETER
PERSONNEL,  DISAGGREGATED  BY  AGENCY,  AGENCY  CONTRACTOR  AND LANGUAGE
TRANSLATED BY SUCH PERSONNEL;
  (D) THE AVERAGE LENGTH OF TIME TO PROVIDE LANGUAGE ASSISTANCE SERVICES
TO LIMITED ENGLISH  PROFICIENT  INDIVIDUALS,  DISAGGREGATED  BY  AGENCY,
AGENCY CONTRACTOR AND PRIMARY LANGUAGE;
  (E)  WHETHER  PRIMARY  LANGUAGE  DETERMINATIONS ARE PROPERLY RECORDED,
DISAGGREGATED BY AGENCY AND AGENCY CONTRACTOR; AND
  (F) WHETHER, AS DETERMINED THROUGH A  RANDOM  SAMPLING  OF  TRANSLATED
DOCUMENTS,  DOCUMENTS  HAVE  BEEN  TRANSLATED  PROPERLY  AND IN A TIMELY
MANNER AND SENT TO THE APPROPRIATE PARTY, DISAGGREGATED  BY  AGENCY  AND
AGENCY CONTRACTOR.
  2.  WHENEVER  POSSIBLE,  THE  RESULTS OF SUCH AUDITS SHALL BE VERIFIED
THROUGH DIRECT CONTACT WITH A STATISTICALLY SIGNIFICANT SAMPLE OF AGENCY
AND/OR AGENCY CONTRACTOR CLIENTS.
  S 285. CIVIL CAUSE OF ACTION. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY
PERSON CLAIMING TO BE INJURED BY THE FAILURE  OF  AN  AGENCY  OR  AGENCY
CONTRACTOR  TO  PROVIDE  LANGUAGE  ASSISTANCE SERVICES AS REQUIRED UNDER
THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION AGAINST SUCH AGENCY OR AGENCY
CONTRACTOR IN ANY COURT OF COMPETENT JURISDICTION FOR ANY OR ALL OF  THE
FOLLOWING RELIEF:  (A) COMPENSATORY AND PUNITIVE DAMAGES;
  (B) INJUNCTIVE AND DECLARATORY RELIEF;
  (C) ATTORNEYS' FEES AND COSTS; AND
  (D) SUCH OTHER RELIEF AS A COURT MAY DEEM APPROPRIATE.
  S  286.  LIMITATIONS.  A  CIVIL  ACTION  UNDER  THIS  ARTICLE  MUST BE
COMMENCED WITHIN ONE YEAR AFTER THE ALLEGED VIOLATION  OF  THE  REQUIRE-
MENTS  OF THIS ARTICLE. IF, HOWEVER, DUE TO INJURY OR DISABILITY RESULT-
ING FROM AN ACT OR ACTS GIVING RISE TO A  CAUSE  OF  ACTION  UNDER  THIS
ARTICLE,  OR  DUE  TO  INFANCY AS DEFINED IN THE CIVIL PRACTICE  LAW AND
RULES, A PERSON ENTITLED TO COMMENCE AN ACTION  UNDER  THIS  ARTICLE  IS
UNABLE  TO DO SO AT THE TIME SUCH CAUSE OF ACTION ACCRUES, THEN THE TIME
WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL BE EXTENDED TO ONE  YEAR
AFTER THE INABILITY TO COMMENCE THE ACTION CEASES.
  S 287. RULES. EACH AGENCY SHALL PROMULGATE SUCH RULES AS ARE NECESSARY
FOR THE PURPOSES OF IMPLEMENTING AND CARRYING OUT THE PROVISIONS OF THIS
ARTICLE.  SUCH  RULES SHALL BE APPLICABLE TO THE AGENCY THAT PROMULGATED
THE RULES AS WELL AS TO AGENCY CONTRACTORS ASSOCIATED WITH SUCH AGENCY.
  S 288. SEVERABILITY. IF ANY SECTION,  SUBDIVISION,  SENTENCE,  CLAUSE,
PHRASE  OR  OTHER  PORTION  OF THIS ARTICLE IS, FOR ANY REASON, DECLARED
UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPE-
TENT JURISDICTION SUCH PORTION  SHALL  BE  DEEMED  SEVERABLE,  AND  SUCH
UNCONSTITUTIONALITY  OR  INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE
REMAINING PORTIONS OF THIS LAW, WHICH REMAINING PORTIONS SHALL  CONTINUE
IN FULL FORCE AND EFFECT.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.