Bill Text: NY A07075 | 2011-2012 | General Assembly | Introduced

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Bill Title: Ensures language assistance services by state agencies; requires state agencies to maintain records of the primary language spoken by any individual seeking such assistance; and requires state agency to submit an annual report on language services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental employees [A07075 Detail]

Download: New_York-2011-A07075-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7075
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 11, 2011
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Governmental Employees
       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:
    1    Section  1.  The  civil service law is amended by adding a new section
    2  55-d to read as follows:
    3    S 55-D. ENSURING LANGUAGE ASSISTANCE SERVICES BY  STATE  AGENCIES.  1.
    4  EVERY  STATE  AGENCY  SHALL  PROVIDE LANGUAGE ASSISTANCE SERVICES TO ALL
    5  LIMITED ENGLISH PROFICIENT INDIVIDUALS SO AS TO  ENSURE  THAT  ALL  SUCH
    6  INDIVIDUALS  WHO  CANNOT  SPEAK,  READ,  WRITE OR UNDERSTAND THE ENGLISH
    7  LANGUAGE WITH THE PROFICIENCY NECESSARY FOR ADEQUATE COMMUNICATION  WITH
    8  AGENCY  PERSONNEL  HAVE  EFFECTIVE  ACCESS  TO THE AGENCY'S PROGRAMS AND
    9  SERVICES.  EVERY STATE AGENCY SHALL ENSURE THAT ALL INDIVIDUALS  PROVID-
   10  ING  LANGUAGE ASSISTANCE SERVICES TO LIMITED ENGLISH PROFICIENT INDIVID-
   11  UALS HAVE SUFFICIENT FLUENCY IN BOTH ENGLISH AND THE  RELEVANT  LANGUAGE
   12  TO  COMMUNICATE  INFORMATION  NECESSARY  FOR  SUCH  INDIVIDUAL TO ACCESS
   13  SERVICES.   LANGUAGE ASSISTANCE SERVICES  FOR  PRIMARY  AND  NON-PRIMARY
   14  LANGUAGES  SHALL  BE  AVAILABLE  AT ALL AGENCY LOCATIONS OPEN FOR PUBLIC
   15  BUSINESS, AND SHALL, TO THE EXTENT PRACTICABLE, BE PROVIDED  IN  PERSON.
   16  TRANSLATION  OF  ALL  FREQUENTLY  USED FORMS AND OTHER WRITTEN MATERIALS
   17  THAT ARE ESSENTIAL TO ACCESS AGENCY SERVICES SHALL BE AVAILABLE  IN  ALL
   18  OF  THE  AGENCY'S  PRIMARY  LANGUAGES.  THE  PRESIDENT SHALL DEVELOP AND
   19  IMPLEMENT A COMPREHENSIVE  LANGUAGE  ASSISTANCE  PLAN  THAT  ESTABLISHES
   20  UNIFORM  POLICIES  AND  PROCEDURES  FOR  PROVIDING  LANGUAGE  ASSISTANCE
   21  SERVICES BY ALL STATE AGENCIES, INCLUDING PROCEDURES FOR DOCUMENTING THE
   22  PROVISION OF OR  REFUSAL  OF  LANGUAGE  ASSISTANCE  SERVICES,  AND  THAT
   23  REQUIRES TRAINING TO ENSURE THAT ALL STAFF WHO HAVE CONTACT WITH LIMITED
   24  ENGLISH PROFICIENT INDIVIDUALS COMPLY WITH THE PLAN. SUCH PERSON PROVID-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01325-02-1
       A. 7075                             2
    1  ING  LANGUAGE ASSISTANCE SERVICES MAY BE A QUALIFIED INTERPRETER, VOLUN-
    2  TARY WORKER OR OTHER PERSONNEL CURRENTLY EMPLOYED BY THE AGENCY.
    3    2.  ALL  STATE  AGENCIES SHALL PROVIDE WRITTEN NOTICE AS TO THE AVAIL-
    4  ABILITY OF LANGUAGE ASSISTANCE SERVICES, INCLUDING  ORAL  INTERPRETATION
    5  AND TRANSLATIONS OF FORMS AND OTHER MATERIALS. NOTICE OF AVAILABILITY OF
    6  LANGUAGE  ASSISTANCE SERVICES SHALL ALSO BE POSTED IN CONSPICUOUS AGENCY
    7  LOCATIONS OPEN FOR PUBLIC BUSINESS IN ALL PRIMARY LANGUAGES.
    8    3. ALL STATE AGENCIES SHALL MAINTAIN A RECORD OF THE PRIMARY LANGUAGES
    9  SPOKEN BY  ANY  INDIVIDUAL  SEEKING  OR  RECEIVING  LANGUAGE  ASSISTANCE
   10  SERVICES  AT  SUCH AGENCY. SUCH INFORMATION SHALL BE RECORDED WHETHER OR
   11  NOT SUCH INDIVIDUAL ACTUALLY OBTAINS SUCH SERVICE.
   12    4. (A) ALL STATE AGENCIES SHALL SUBMIT  TO  THE  PRESIDENT  AN  ANNUAL
   13  REPORT  ASSESSING  ITS COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
   14  THE REPORT SHALL IDENTIFY THE PRIMARY LANGUAGES USED BY THE PUBLIC,  AND
   15  THE  PERCENTAGE  OF  THE  AGENCY'S INTERACTION WITH THE PUBLIC WHO SPEAK
   16  EACH PRIMARY LANGUAGE.
   17    (B) ALL STATE AGENCIES SHALL MAINTAIN A RECORD OF THE FOREIGN LANGUAGE
   18  PRIMARILY SPOKEN BY ANY INDIVIDUAL SEEKING OR RECEIVING LANGUAGE ASSIST-
   19  ANCE SERVICES AT THE AGENCY. SUCH INFORMATION SHALL BE RECORDED  WHETHER
   20  OR NOT SUCH INDIVIDUAL ACTUALLY OBTAINS SERVICES.
   21    (C)  THE  DEPARTMENT  SHALL SUBMIT TO THE GOVERNOR AND TO THE LEGISLA-
   22  TURE, ON OR BEFORE, MARCH FIRST OF EACH YEAR, A WRITTEN REPORT ON AGENCY
   23  COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. THE REPORT SHALL  ALSO
   24  COMPILE  AGENCY  FINDINGS AND IDENTIFY THE PRIMARY LANGUAGES USED BY THE
   25  PUBLIC, AND THE PERCENTAGE OF OVERALL AGENCY INTERACTION WITH THE PUBLIC
   26  WHO SPEAK EACH PRIMARY LANGUAGE. THIS REPORT SHALL ALSO INCLUDE INDIVID-
   27  UAL AGENCY REPORT SUBMISSIONS AS REQUIRED IN THIS SECTION.
   28    5. THE PRESIDENT SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
   29  NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION,  WHICH
   30  SHALL  INCLUDE  THE  METHODOLOGY  TO  BE USED BY AGENCIES IN DETERMINING
   31  PRIMARY LANGUAGES.
   32    6. FOR THE PURPOSES OF THIS SECTION: (A) "PRIMARY  LANGUAGE"  MEANS  A
   33  LANGUAGE  OTHER  THAN  ENGLISH  THAT  IS EITHER (I) USED TO COMMUNICATE,
   34  DURING AT LEAST FIVE PERCENT OF PUBLIC VISITS IN A YEAR, BY  INDIVIDUALS
   35  OF  THE  PUBLIC  WHO CANNOT SPEAK, READ, WRITE OR UNDERSTAND THE ENGLISH
   36  LANGUAGE AT THE LEVEL OF PROFICIENCY NECESSARY  FOR  EFFECTIVE  COMMUNI-
   37  CATION  WITH  AGENCY  OFFICIALS;  OR (II) SPOKEN BY NON-ENGLISH SPEAKING
   38  INDIVIDUALS COMPRISING MORE THAN FIVE PERCENT OF THE AGENCY SERVICE AREA
   39  POPULATION, AS CALCULATED BY  USING  DEMOGRAPHIC  INFORMATION  AVAILABLE
   40  FROM THE UNITED STATES BUREAU OF THE CENSUS;
   41    (B)  "STATE  AGENCY"  MEANS ANY STATE DEPARTMENT, BOARD, BUREAU, DIVI-
   42  SION, COMMISSION, COMMITTEE, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTI-
   43  TY PERFORMING A GOVERNMENTAL OR  PROPRIETARY  FUNCTION  FOR  THE  STATE,
   44  EXCEPT FOR THE JUDICIARY OR THE STATE LEGISLATURE.
   45    (C)  "LANGUAGE  ASSISTANCE  SERVICES"  MEANS INTERPRETATION AND TRANS-
   46  LATION SERVICES EITHER ORALLY OR IN WRITING.
   47    (D) "LIMITED ENGLISH PROFICIENT INDIVIDUAL" MEANS A PERSON WHO IDENTI-
   48  FIES AS BEING OR IS UNABLE TO SPEAK, READ OR WRITE THE ENGLISH  LANGUAGE
   49  AT A LEVEL THAT PERMITS HIM OR HER TO INTERACT EFFECTIVELY WITH AN AGEN-
   50  CY.
   51    S 2. This act shall take effect on the one hundred twentieth day after
   52  it shall have become a law.