S T A T E O F N E W Y O R K
________________________________________________________________________
6890
2015-2016 Regular Sessions
I N A S S E M B L Y
April 8, 2015
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Introduced by M. of A. LINARES -- read once and referred to the Commit-
tee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to limited-English proficiency requirements for the agencies
of the city of New York; and to amend the executive law, in relation
to limited-English proficiency requirements for state agencies provid-
ing direct public services in a city with a population of one million
or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 8-1002 of the administrative code
of the city of New York, as added by local law 73 of the city of New
York for the year 2003, is amended to read as follows:
a. ["Agency"] EXCEPT FOR THE PURPOSES OF SECTION 8-1003.1 OF THIS
CHAPTER, "AGENCY" means the human resources administration/department of
social services, including any part, subdivision, field office or satel-
lite facility thereof.
S 2. The administrative code of the city of New York is amended by
adding a new section 8-1003.1 to read as follows:
S 8-1003.1 LIMITED-ENGLISH PROFICIENCY REQUIREMENTS. A. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
1. "DIRECT PUBLIC SERVICES" SHALL MEAN SERVICES ADMINISTERED BY AN
AGENCY DIRECTLY TO PROGRAM BENEFICIARIES AND/OR PARTICIPANTS.
2. "ESSENTIAL PUBLIC DOCUMENTS" SHALL MEAN THOSE DOCUMENTS MOST
COMMONLY DISTRIBUTED TO THE PUBLIC THAT CONTAIN ELICIT IMPORTANT AND
NECESSARY INFORMATION REGARDING THE PROVISION OF BASIC CITY SERVICES.
B. 1. EVERY CITY AGENCY THAT PROVIDES DIRECT PUBLIC SERVICES SHALL
ENSURE MEANINGFUL ACCESS TO SUCH SERVICES BY TAKING REASONABLE STEPS TO
DEVELOP AND IMPLEMENT AGENCY-SPECIFIC LANGUAGE ASSISTANCE PLANS REGARD-
ING LIMITED-ENGLISH PROFICIENT PERSONS.
2. EVERY CITY AGENCY THAT PROVIDES SERVICES TO THE PUBLIC THAT ARE NOT
PROGRAMMATIC IN NATURE, SUCH AS EMERGENCY SERVICES, SHALL IMPLEMENT THE
PROVISIONS OF THIS SECTION TO THE EXTENT PRACTICABLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10218-01-5
A. 6890 2
C. EVERY CITY AGENCY SHALL:
1. DESIGNATE A LANGUAGE ACCESS COORDINATOR WITHIN FORTY-FIVE DAYS OF
THE EFFECTIVE DATE OF THIS SECTION TO OVERSEE THE CREATION AND EXECUTION
OF AN AGENCY-SPECIFIC INTERNAL LANGUAGE ACCESS POLICY AND IMPLEMENTATION
PLAN;
2. DEVELOP SUCH LANGUAGE ACCESS POLICIES AND IMPLEMENTATION PLANS BY
JANUARY FIRST, TWO THOUSAND SIXTEEN. SUCH PLAN SHALL BE DEVELOPED BY
ASSESSING THE FOLLOWING FOUR FACTORS:
(I) THE NUMBER OR PROPORTION OF LIMITED-ENGLISH PROFICIENT PERSONS IN
THE ELIGIBLE SERVICE POPULATION;
(II) THE FREQUENCY WITH WHICH LIMITED-ENGLISH PROFICIENT PERSONS COME
INTO CONTACT WITH THE AGENCY;
(III) THE IMPORTANCE OF THE BENEFIT, SERVICE, INFORMATION OR ENCOUNTER
TO THE LIMITED-ENGLISH PROFICIENT PERSONS, INCLUDING THE CONSEQUENCES OF
LACK OF LANGUAGE SERVICES OR INADEQUATE INTERPRETATION OR TRANSLATION;
AND
(IV) THE RESOURCES AVAILABLE TO THE AGENCY AND THE COSTS OF PROVIDING
VARIOUS TYPES OF LANGUAGE SERVICES;
3. PROVIDE SERVICES IN LANGUAGES BASED ON AT LEAST THE TOP SIX LIMIT-
ED-ENGLISH PROFICIENCY LANGUAGES SPOKEN BY THE POPULATION OF THE CITY,
AS THOSE LANGUAGES ARE DETERMINED BY THE DEPARTMENT OF CITY PLANNING,
BASED ON UNITED STATES CENSUS DATA, AND AS THOSE LANGUAGES ARE RELEVANT
TO SERVICES OFFERED BY EACH AGENCY;
4. ENSURE THAT THE LANGUAGE ACCESS POLICY AND IMPLEMENTATION PLAN
INCLUDES THE FOLLOWING ELEMENTS FOR LIMITED-ENGLISH PROFICIENT PERSONS:
(I) IDENTIFICATION AND TRANSLATION OF ESSENTIAL PUBLIC DOCUMENTS
PROVIDED TO OR COMPLETED BY PROGRAM BENEFICIARIES AND/OR PARTICIPANTS;
(II) INTERPRETATION SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE
OF TELEPHONIC INTERPRETATION SERVICES FOR THE TOP SIX LANGUAGES, AS
DETERMINED PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION AND OTHERS AS
APPROPRIATE;
(III) TRAINING OF FRONTLINE WORKERS AND MANAGERS ON LANGUAGE ACCESS
POLICIES AND PROCEDURES;
(IV) POSTING OF SIGNAGE IN CONSPICUOUS LOCATIONS ABOUT THE AVAILABILI-
TY OF FREE INTERPRETATION SERVICES;
(V) ESTABLISHMENT OF AN APPROPRIATE MONITORING AND MEASUREMENT SYSTEM
REGARDING THE PROVISION OF AGENCY LANGUAGE SERVICES; AND
(VI) CREATION OF APPROPRIATE PUBLIC AWARENESS STRATEGIES FOR THE AGEN-
CIES' SERVICES POPULATIONS; AND
5. REFLECT THE PRINCIPLES OF PLAIN LANGUAGE COMMUNICATION AS PROVIDED
IN GUIDANCE ISSUED BY THE MAYOR'S OFFICE OF ADULT EDUCATION.
D. THE MAYOR'S OFFICE OF OPERATIONS SHALL PROVIDE TECHNICAL ASSISTANCE
TO INDIVIDUAL AGENCIES AND COORDINATE AND OVERSEE AGENCY COMPLIANCE WITH
THIS SECTION.
S 3. The executive law is amended by adding a new article 14-A to read
as follows:
ARTICLE 14-A
LIMITED-ENGLISH PROFICIENCY REQUIREMENTS FOR STATE AGENCIES
SECTION 280. DEFINITIONS.
281. LIMITED-ENGLISH PROFICIENCY REQUIREMENTS FOR CERTAIN STATE
AGENCIES.
S 280. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "DIRECT PUBLIC SERVICES" MEANS SERVICES ADMINISTERED BY AN AGENCY
DIRECTLY TO PROGRAM BENEFICIARIES AND/OR PARTICIPANTS;
A. 6890 3
2. "ESSENTIAL PUBLIC DOCUMENTS" MEANS THOSE DOCUMENTS MOST COMMONLY
DISTRIBUTED TO THE PUBLIC THAT CONTAIN IMPORTANT AND NECESSARY INFORMA-
TION REGARDING THE PROVISION OF BASIC CITY SERVICES;
3. "LIMITED-ENGLISH PROFICIENT PERSONS" MEANS PEOPLE WHO IDENTIFY AS
BEING OR ARE UNABLE TO SPEAK, READ OR WRITE THE ENGLISH LANGUAGE AT A
LEVEL THAT PERMITS EFFECTIVE INTERACTION WITH AN AGENCY;
4. "STATE 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.
S 281. LIMITED-ENGLISH PROFICIENCY REQUIREMENTS FOR CERTAIN STATE
AGENCIES. 1. EVERY STATE AGENCY THAT PROVIDES DIRECT PUBLIC SERVICES IN
CITIES WITH A POPULATION OF ONE MILLION OR MORE SHALL ENSURE MEANINGFUL
ACCESS TO SUCH SERVICES BY TAKING REASONABLE STEPS TO DEVELOP AND IMPLE-
MENT AGENCY-SPECIFIC LANGUAGE ASSISTANCE PLANS REGARDING LIMITED-ENGLISH
PROFICIENT PERSONS.
2. EVERY STATE AGENCY PROVIDING DIRECT PUBLIC SERVICES IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE SHALL:
(A) DESIGNATE A LANGUAGE ACCESS COORDINATOR WITHIN FORTY-FIVE DAYS OF
THE EFFECTIVE DATE OF THIS SECTION TO OVERSEE THE CREATION AND EXECUTION
OF AN AGENCY-SPECIFIC INTERNAL LANGUAGE ACCESS POLICY AND IMPLEMENTATION
PLAN;
(B) DEVELOP SUCH LANGUAGE ACCESS POLICIES AND IMPLEMENTATION PLANS BY
JANUARY FIRST, TWO THOUSAND SIXTEEN. SUCH PLAN SHALL BE DEVELOPED BY
ASSESSING THE FOLLOWING FOUR FACTORS:
(I) THE NUMBER OR PROPORTION OF LIMITED-ENGLISH PROFICIENT PERSONS IN
THE ELIGIBLE SERVICE POPULATION;
(II) THE FREQUENCY WITH WHICH LIMITED-ENGLISH PROFICIENT PERSONS COME
INTO CONTACT WITH THE AGENCY;
(III) THE IMPORTANCE OF THE BENEFIT, SERVICE, INFORMATION OR ENCOUNTER
TO THE LIMITED-ENGLISH PROFICIENT PERSONS, INCLUDING THE CONSEQUENCES OF
LACK OF LANGUAGE SERVICES OR INADEQUATE INTERPRETATION OR TRANSLATION;
AND
(IV) THE RESOURCES AVAILABLE TO THE AGENCY AND THE COSTS OF PROVIDING
VARIOUS TYPES OF LANGUAGE SERVICES;
(C) PROVIDE SERVICES IN LANGUAGES BASED ON AT LEAST THE TOP SIX
LANGUAGES SPOKEN BY THE LIMITED-ENGLISH PROFICIENCY POPULATION OF THE
CITY WITH A POPULATION OF ONE MILLION OR MORE, AS THOSE LANGUAGES ARE
RELEVANT TO SERVICES OFFERED BY EACH AGENCY;
(D) ENSURE THAT THE LANGUAGE ACCESS POLICY AND IMPLEMENTATION PLAN
INCLUDES THE FOLLOWING ELEMENTS FOR LIMITED-ENGLISH PROFICIENT PERSONS:
(I) IDENTIFICATION AND TRANSLATION OF ESSENTIAL PUBLIC DOCUMENTS
PROVIDED TO OR COMPLETED BY PROGRAM BENEFICIARIES AND/OR PARTICIPANTS;
(II) INTERPRETATION SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE
OF TELEPHONIC INTERPRETATION SERVICES FOR THE TOP SIX LANGUAGES, AS
DETERMINED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND OTHERS AS
APPROPRIATE;
(III) TRAINING OF FRONTLINE WORKERS AND MANAGERS ON LANGUAGE ACCESS
POLICIES AND PROCEDURES;
(IV) POSTING OF SIGNAGE IN CONSPICUOUS LOCATIONS ABOUT THE AVAILABILI-
TY OF FREE INTERPRETATION SERVICES;
(V) ESTABLISHMENT OF AN APPROPRIATE MONITORING AND MEASUREMENT SYSTEM
REGARDING THE PROVISION OF AGENCY LANGUAGE SERVICES; AND
(VI) CREATION OF APPROPRIATE PUBLIC AWARENESS STRATEGIES FOR THE AGEN-
CIES' SERVICES POPULATIONS.
S 4. This act shall take effect immediately.