S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6947
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ORTIZ, COOK -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to bilingual services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. This act shall be known and may be cited as the "bilingual
 services act".
   § 2. Legislative intent. The legislature  hereby  finds  and  declares
 that  the effective maintenance and development of a free and democratic
 society depends on the right and ability of its citizens  and  residents
 to  communicate  with  their government and the right and ability of the
 government to communicate with them.
   The legislature further finds and declares that substantial numbers of
 persons who live, work and pay taxes in this state  are  unable,  either
 because  they  do  not  speak  or write English at all, or because their
 primary language is other than English, to effectively communicate  with
 their  government. The legislature further finds and declares that state
 and local agency employees frequently are  unable  to  communicate  with
 persons  requiring their services because of this language barrier. As a
 consequence, substantial numbers of persons presently are  being  denied
 rights and benefits to which they would otherwise be entitled.
   It  is  the  intent of the legislature in enacting this legislation to
 provide for effective communication between all levels of government  in
 this state and the people of this state who are precluded from utilizing
 public services because of language barriers.
   § 3. The executive law is amended by adding a new article 19-E to read
 as follows:
                               ARTICLE 19-E
                            BILINGUAL SERVICES
 SECTION 460. DEFINITIONS.
         461. EMPLOYMENT OF BILINGUAL PERSONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06973-01-7

 A. 6947                             2
 
         462. IMPLEMENTATION.
         463. TRANSLATION OF MATERIALS EXPLAINING SERVICES AVAILABLE.
         464. DISTRIBUTION  OF  WRITTEN MATERIALS IN NON-ENGLISH LANGUAGE
                BY STATE AGENCY.
         465. EXCLUSIONS.
         466. FUNDING.
         467. TELEPHONE BASED INTERPRETATION SERVICES.
         468. SURVEY.
         469. EXEMPTIONS.
         470. ESTABLISHMENT OF BILINGUAL POSITIONS.
   § 460. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS A DIFFERENT  MEAN-
 ING IS CLEARLY REQUIRED BY THE CONTEXT:
   1.  "BILINGUAL  PERSON"  MEANS  A PERSON WHO IS PROFICIENT IN BOTH THE
 ENGLISH LANGUAGE AND THE FOREIGN LANGUAGE TO BE USED.
   2. "SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING PEOPLE"  MEANS  MEMBERS
 OF  A GROUP WHO EITHER DO NOT SPEAK ENGLISH, OR WHO ARE UNABLE TO EFFEC-
 TIVELY COMMUNICATE IN ENGLISH BECAUSE IT IS NOT THEIR  NATIVE  LANGUAGE,
 AND  WHO COMPRISE FIVE PERCENT OR MORE OF THE PEOPLE SERVED BY ANY LOCAL
 OFFICE OR FACILITY OF A STATE AGENCY.
   3. "SUFFICIENT NUMBER OF QUALIFIED BILINGUAL PERSONS IN PUBLIC CONTACT
 POSITIONS" MEANS THE NUMBER  REQUIRED  TO  PROVIDE  THE  SAME  LEVEL  OF
 SERVICES  TO  NON-ENGLISH  SPEAKING  PERSONS  AS IS AVAILABLE TO ENGLISH
 SPEAKING PERSONS SEEKING SUCH SERVICES; PROVIDED,  HOWEVER,  THAT  WHERE
 THE  LOCAL  OFFICE  OR  FACILITY  OF THE STATE EMPLOYS THE EQUIVALENT OF
 TWENTY-FIVE OR FEWER REGULAR, FULL-TIME EMPLOYEES, IT  SHALL  CONSTITUTE
 COMPLIANCE  WITH THE REQUIREMENTS OF THIS ARTICLE IF A SUFFICIENT NUMBER
 OF QUALIFIED BILINGUAL PERSONS ARE EMPLOYED IN PUBLIC CONTACT POSITIONS,
 OR AS INTERPRETERS TO ASSIST THOSE IN SUCH  POSITIONS,  TO  PROVIDE  THE
 SAME  LEVEL  OF SERVICES TO NON-ENGLISH SPEAKING PERSONS AS IS AVAILABLE
 TO ENGLISH SPEAKING PERSONS SEEKING SUCH SERVICES FROM  SUCH  OFFICE  OR
 FACILITY.
   4. "PUBLIC CONTACT POSITION" MEANS A POSITION DETERMINED BY THE AGENCY
 TO  BE  ONE  WHICH EMPHASIZES THE ABILITY TO MEET, CONTACT AND DEAL WITH
 THE PUBLIC IN THE PERFORMANCE OF THE AGENCY'S FUNCTIONS.
   § 461. EMPLOYMENT OF BILINGUAL PERSONS.   1. EVERY  STATE  AGENCY,  AS
 DEFINED  IN  SECTION  ONE  HUNDRED  FORTY-FIVE OF THIS CHAPTER, DIRECTLY
 INVOLVED IN THE FURNISHING OF INFORMATION OR THE RENDERING  OF  SERVICES
 TO  THE PUBLIC WHEREBY CONTACT IS MADE WITH A SUBSTANTIAL NUMBER OF NON-
 ENGLISH SPEAKING PEOPLE, SHALL EMPLOY A SUFFICIENT NUMBER  OF  QUALIFIED
 BILINGUAL  PERSONS  IN  PUBLIC  CONTACT POSITIONS TO ENSURE PROVISION OF
 INFORMATION AND SERVICES TO THE PUBLIC, IN THE LANGUAGE OF THE NON-ENGL-
 ISH SPEAKING PERSONS.
   2. EVERY LOCAL PUBLIC AGENCY, AS DEFINED IN SECTION FOUR  HUNDRED  ONE
 OF  THIS  CHAPTER,  SERVING A SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING
 PEOPLE, SHALL EMPLOY A SUFFICIENT NUMBER OF QUALIFIED BILINGUAL  PERSONS
 IN  PUBLIC  CONTACT POSITIONS OR AS INTERPRETERS TO ASSIST THOSE IN SUCH
 POSITIONS, TO ENSURE  PROVISION  OF  INFORMATION  AND  SERVICES  IN  THE
 LANGUAGE  OF THE NON-ENGLISH SPEAKING PERSONS. THE DETERMINATION OF WHAT
 CONSTITUTES A SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING  PEOPLE  AND  A
 SUFFICIENT  NUMBER  OF  QUALIFIED BILINGUAL PERSONS SHALL BE MADE BY THE
 LOCAL AGENCY.
   § 462. IMPLEMENTATION. AN EMPLOYEE OF A STATE OR LOCAL PUBLIC  AGENCY,
 AS  THOSE TERMS ARE USED IN SECTION FOUR HUNDRED SIXTY-ONE OF THIS ARTI-
 CLE, MAY NOT BE DISMISSED TO CARRY OUT THE PURPOSES OF THIS  ARTICLE.  A
 STATE OR LOCAL PUBLIC AGENCY NEED ONLY IMPLEMENT THIS ARTICLE BY FILLING

 A. 6947                             3
 
 EMPLOYEE  PUBLIC  CONTACT  POSITIONS MADE VACANT BY RETIREMENT OR NORMAL
 ATTRITION.
   §  463. TRANSLATION OF MATERIALS EXPLAINING SERVICES AVAILABLE. 1. ANY
 MATERIALS EXPLAINING SERVICES AVAILABLE SHALL  BE  TRANSLATED  INTO  ANY
 NON-ENGLISH LANGUAGE SPOKEN BY A SUBSTANTIAL NUMBER OF THE PUBLIC SERVED
 BY THE AGENCY. WHENEVER NOTICE OF THE AVAILABILITY OF MATERIALS EXPLAIN-
 ING SERVICES AVAILABLE IS GIVEN, ORALLY OR IN WRITING, IT SHALL BE GIVEN
 IN ENGLISH AND IN THE NON-ENGLISH LANGUAGE INTO WHICH ANY MATERIALS HAVE
 BEEN TRANSLATED. THE DETERMINATION OF WHEN THOSE MATERIALS ARE NECESSARY
 WHEN  DEALING WITH LOCAL AGENCIES SHALL BE LEFT TO THE DISCRETION OF THE
 LOCAL AGENCY.
   2. EVERY STATE AGENCY WHICH SERVES A SUBSTANTIAL NUMBER OF NON-ENGLISH
 SPEAKING PEOPLE AND  WHICH  PROVIDES  MATERIALS  IN  ENGLISH  EXPLAINING
 SERVICES  SHALL ALSO PROVIDE THE SAME TYPE OF MATERIALS IN ANY NON-ENGL-
 ISH LANGUAGE SPOKEN BY A SUBSTANTIAL NUMBER OF THE PUBLIC SERVED BY  THE
 AGENCY.  WHENEVER  NOTICE  OF  THE  AVAILABILITY OF MATERIALS EXPLAINING
 SERVICES AVAILABLE IS GIVEN, ORALLY OR IN WRITING, IT SHALL BE GIVEN  IN
 ENGLISH  AND  IN  THE NON-ENGLISH LANGUAGE INTO WHICH ANY MATERIALS HAVE
 BEEN TRANSLATED. THIS SUBDIVISION SHALL NOT BE  INTERPRETED  TO  REQUIRE
 VERBATIM  TRANSLATIONS  OF  ANY MATERIALS PROVIDED IN ENGLISH BY A STATE
 AGENCY.
   § 464. DISTRIBUTION OF WRITTEN MATERIALS IN  NON-ENGLISH  LANGUAGE  BY
 STATE  AGENCY.  WHENEVER A STATE AGENCY FINDS THAT THE FACTORS LISTED IN
 SUBDIVISIONS ONE AND THREE OR TWO AND THREE OF THIS  SECTION  EXIST,  IT
 SHALL  DISTRIBUTE  THE  APPLICABLE  WRITTEN MATERIALS IN THE APPROPRIATE
 NON-ENGLISH LANGUAGE THROUGH ITS LOCAL OFFICES  OR  FACILITIES  TO  NON-
 ENGLISH  SPEAKING  PERSONS,  OR, AS AN ALTERNATIVE, THE STATE AGENCY MAY
 INSTEAD ELECT  TO  FURNISH  TRANSLATION  AIDS,  TRANSLATION  GUIDES,  OR
 PROVIDE  ASSISTANCE AT SUCH LOCAL OFFICES IN COMPLETING ENGLISH FORMS OR
 QUESTIONNAIRES AND IN UNDERSTANDING ENGLISH FORMS, LETTERS OR NOTICES.
   1. THE WRITTEN MATERIALS, WHETHER FORMS, APPLICATIONS, QUESTIONNAIRES,
 LETTERS OR NOTICES, SOLICIT OR REQUIRE  THE  FURNISHING  OF  INFORMATION
 FROM AN INDIVIDUAL OR PROVIDE THAT INDIVIDUAL WITH INFORMATION.
   2.  THE  INFORMATION  SOLICITED,  REQUIRED OR FURNISHED AFFECTS OR MAY
 AFFECT THE INDIVIDUAL'S RIGHTS, DUTIES OR PRIVILEGES WITH REGARD TO THAT
 AGENCY'S SERVICES OR BENEFITS.
   3. THE LOCAL OFFICE OR FACILITY OF THE AGENCY WITH WHICH THE  INDIVID-
 UAL  IS  DEALING,  SERVES  A  SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING
 PERSONS.
   § 465. EXCLUSIONS. THE PROVISIONS OF THIS ARTICLE ARE  NOT  APPLICABLE
 TO  SCHOOL DISTRICTS, BOARDS OF EDUCATION OR THE OFFICE OF A SUPERINTEN-
 DENT OF SCHOOLS.
   § 466. FUNDING. THE PROVISIONS OF THIS ARTICLE SHALL BE IMPLEMENTED TO
 THE EXTENT THAT LOCAL, STATE OR FEDERAL FUNDS ARE AVAILABLE, AND TO  THE
 EXTENT  PERMISSIBLE  UNDER  FEDERAL  LAW AND THE PROVISIONS OF THE CIVIL
 SERVICE LAW GOVERNING STATE AND LOCAL AGENCIES.
   § 467. TELEPHONE BASED INTERPRETATION SERVICES.  STATE  AGENCIES  MAY,
 UTILIZING  EXISTING  FUNDS,  CONTRACT FOR TELEPHONE BASED INTERPRETATION
 SERVICES IN ADDITION TO EMPLOYING BILINGUAL PERSONS  IN  PUBLIC  CONTACT
 POSITIONS.
   §  468. SURVEY. 1. EACH STATE AGENCY SHALL CONDUCT A SURVEY OF EACH OF
 ITS LOCAL OFFICES EVERY TWO YEARS TO DETERMINE ALL OF THE FOLLOWING:
   (A) THE NUMBER OF PUBLIC CONTACT POSITIONS IN EACH LOCAL OFFICE.
   (B) THE NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS, AND
 THE LANGUAGES THEY SPEAK, OTHER THAN ENGLISH.

 A. 6947                             4
 
   (C) THE NUMBER AND PERCENTAGE OF NON-ENGLISH SPEAKING PEOPLE SERVED BY
 EACH LOCAL OFFICE, BROKEN DOWN BY NATIVE LANGUAGE.
   (D) THE NUMBER OF ANTICIPATED VACANCIES IN PUBLIC CONTACT POSITIONS.
   (E)  WHETHER  THE  USE  OF  CONTRACTED  TELEPHONE BASED INTERPRETATION
 SERVICES IN ADDITION TO BILINGUAL PERSONS IN PUBLIC CONTACT POSITIONS IS
 SERVING THE LANGUAGE NEEDS OF THE PEOPLE SERVED BY THE AGENCY.
   (F) EACH AGENCY SHALL CALCULATE THE PERCENTAGE OF NON-ENGLISH SPEAKING
 PEOPLE SERVED BY EACH LOCAL OFFICE BY ROUNDING THE PERCENTAGE ARRIVED AT
 TO THE NEAREST WHOLE PERCENTAGE POINT.
   2. THE SURVEY RESULTS SHALL BE REPORTED ON FORMS PROVIDED BY THE STATE
 DIVISION OF HUMAN RIGHTS, AND DELIVERED TO THE DIVISION NOT  LATER  THAN
 MARCH  THIRTY-FIRST OF EVERY EVEN-NUMBERED YEAR BEGINNING WITH TWO THOU-
 SAND EIGHTEEN.
   3. THE RESULTS OF THE SURVEY SHALL BE COMPILED BY THE  STATE  DIVISION
 OF  HUMAN RIGHTS AND PROVIDED IN A REPORT TO BOTH HOUSES OF THE LEGISLA-
 TURE EVERY TWO YEARS.
   § 469. EXEMPTIONS. 1. THE STATE DIVISION OF HUMAN  RIGHTS  MAY  EXEMPT
 STATE AGENCIES FROM THE REQUIREMENTS OF SECTION FOUR HUNDRED SIXTY-EIGHT
 OF  THIS ARTICLE WHERE THE DIVISION DETERMINES THAT ANY OF THE FOLLOWING
 CONDITIONS APPLY:
   (A) THE AGENCY DOES NOT FURNISH INFORMATION OR RENDER SERVICES TO  THE
 PUBLIC.
   (B)  THE  AGENCY HAS CONSISTENTLY RECEIVED SUCH LIMITED PUBLIC CONTACT
 WITH THE NON-ENGLISH SPEAKING PUBLIC THAT IT HAS NOT  BEEN  REQUIRED  TO
 EMPLOY  BILINGUAL  STAFF  UNDER  SECTION  FOUR HUNDRED SIXTY-ONE OF THIS
 ARTICLE.
   2. IN ORDER TO RECEIVE AN EXEMPTION, EACH STATE AGENCY  MUST  ANNUALLY
 PETITION  THE  STATE  DIVISION  OF  HUMAN  RIGHTS  FOR THE EXEMPTION AND
 RECEIVE APPROVAL IN WRITING. AN AGENCY MAY NOT RECEIVE AN EXEMPTION  FOR
 MORE THAN THREE CONSECUTIVE YEARS.
   §  470.  ESTABLISHMENT  OF BILINGUAL POSITIONS. THE PROVISIONS OF THIS
 ARTICLE ARE NOT INTENDED TO  PROHIBIT  THE  ESTABLISHMENT  OF  BILINGUAL
 POSITIONS,  OR PRINTING OF MATERIALS, OR USE OF INTERPRETERS, WHERE LESS
 THAN FIVE PERCENT OF THE PEOPLE SERVED  DO  NOT  SPEAK  ENGLISH  OR  ARE
 UNABLE  TO  COMMUNICATE  EFFECTIVELY,  AS  DETERMINED APPROPRIATE BY THE
 STATE OR LOCAL AGENCY. THIS ARTICLE IS NOT INTENDED TO REQUIRE THAT  ALL
 PUBLIC CONTACT POSITIONS BE FILLED WITH BILINGUAL PERSONS.
   § 4. This act shall take effect January 1, 2018.