S T A T E   O F   N E W   Y O R K
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                                   1787
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Governmental Operations
 
 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.
                                                            LBD05190-01-7

 A. 1787                             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.
   § 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.
   § 275. SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
 THE  "EQUAL  ACCESS  TO  HEALTH  AND  HUMAN SERVICES FOR LIMITED ENGLISH
 SPEAKING INDIVIDUALS ACT".
   § 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

 A. 1787                             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.
   § 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.
   §  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.

 A. 1787                             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.
   §  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.
   §  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.
   § 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  TWENTY-

 A. 1787                             5
 
 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.
   § 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.
   § 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.
   § 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

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