Bill Text: NY S05185 | 2009-2010 | General Assembly | Introduced


Bill Title: Enacts the "language barrier elimination act" to provide translations to the limited English proficient in connection with services provided through the department of labor, department of family assistance or department of health.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-02-23 - ADVANCED TO THIRD READING [S05185 Detail]

Download: New_York-2009-S05185-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5185
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen. SCHNEIDERMAN -- 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:
    1    Section 1. Declaration of legislative findings and intent. Title VI of
    2  the civil rights act of 1964 provides in pertinent part that "no  person
    3  in  the  United  States  shall  on the ground of race, color or national
    4  origin, be excluded from participation in, be denied the benefits of, or
    5  be subjected to discrimination under any program or  activity  receiving
    6  federal  assistance."  The  United  States department of justice and the
    7  department of health and human services  have  stated  that  failure  to
    8  provide  language  assistance  to  limited  English speaking individuals
    9  seeking assistance in federally funded, state supervised or administered
   10  programs amounts to a violation of Title VI  by  discriminating  against
   11  such individuals based upon their national origin.
   12    It  is  and has been the policy of the state of New York to oppose all
   13  forms of discrimination, particularly when it relates to  the  provision
   14  of state services, or locally provided services under state supervision.
   15  However,  the  department  of  health and human services office of civil
   16  rights, the office responsible for enforcing Title VI in  department  of
   17  health and human services programs, found that the New York state office
   18  of temporary and disability assistance, the New York state department of
   19  health,  the  New  York  City  human  resources  administration, and the
   20  departments of social services in Nassau and Suffolk  counties  were  in
   21  violation  of  Title  VI  based  upon the state and counties' failure to
   22  provide interpretation services for limited English proficient  individ-
   23  uals.  Specifically,  the  office  of  civil  rights  found that limited
   24  English proficient clients seeking and/or applying for subsistence bene-
   25  fits such as food stamps and public assistance for children and Medicaid
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11657-01-9
       S. 5185                             2
    1  benefits were routinely unable to access  such  benefits  due  to  their
    2  inability to speak English.
    3    A  legislative  hearing  on  immigrant child welfare issues also found
    4  that the lack of interpreters in child welfare cases resulted  in  chil-
    5  dren in families who were limited English proficient being unnecessarily
    6  removed  from  their  parents.  In  addition, limited English proficient
    7  residents of New York have been unable to access unemployment and  other
    8  services  from  the  department  of  labor due to the lack of translated
    9  materials and interpreters. The New York  language  barrier  elimination
   10  act serves a twofold purpose:  first, the act will ensure that the state
   11  is  in  compliance  with  federal law in ensuring access to benefits and
   12  opportunities to participate in any program or activity receiving feder-
   13  al assistance; second, and more importantly, the act  will  ensure  that
   14  all those in need of health and human services receive them, and that no
   15  one  attempting  to  access  such services will be discriminated against
   16  based upon the language they speak.
   17    S 2. The executive law is amended by adding a new article 14-A to read
   18  as follows:
   19                                ARTICLE 14-A
   20                      LANGUAGE BARRIER ELIMINATION ACT
   21  SECTION 275. SHORT TITLE.
   22          276. DEFINITIONS.
   23          277. AGENCIES.
   24          278. LANGUAGE ASSISTANCE SERVICES.
   25          279. NOTICES.
   26          280. RECORDS.
   27          281. LANGUAGE ASSISTANCE SERVICES REQUIRED.
   28          282. SCREENING AND TRAINING.
   29          283. MISCELLANEOUS.
   30          284. COMPTROLLER AUDITS.
   31          285. CIVIL CAUSE OF ACTION.
   32          286. LIMITATIONS.
   33          287. RULES.
   34          288. SEVERABILITY.
   35    S 275. SHORT TITLE.  THIS ACT SHALL BE KNOWN AND MAY BE CITED  AS  THE
   36  "LANGUAGE BARRIER ELIMINATION ACT".
   37    S  276.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE, THE FOLLOWING TERMS
   38  SHALL HAVE THE FOLLOWING MEANINGS:
   39    1. "AGENCY" SHALL MEAN THOSE ENTITIES, INCLUDING  ANY  PART,  SUBDIVI-
   40  SION,  FIELD OFFICE OR SATELLITE FACILITY, INCLUDING OFFICES OPERATED BY
   41  COUNTY GOVERNMENTS, REQUIRED TO  PROVIDE  LANGUAGE  ASSISTANCE  SERVICES
   42  PURSUANT TO THIS ARTICLE.
   43    2. "AGENCY CONTRACTOR" SHALL MEAN ANY INDIVIDUAL, SOLE PROPRIETORSHIP,
   44  PARTNERSHIP,  COMMUNITY  BASED  ORGANIZATION, JOINT VENTURE OR CORPORATE
   45  ENTITY, INCLUDING ANY  PART,  SUBDIVISION,  FIELD  OFFICE  OR  SATELLITE
   46  FACILITY,  WHICH  ENTERS  INTO A CONTRACT OR CONTRACTS WITH AN AGENCY TO
   47  PROVIDE AGENCY-RELATED SERVICES TO THE  PUBLIC,  AND  WHICH  RECEIVES  A
   48  TOTAL  OF ONE MILLION DOLLARS OR MORE IN PAYMENT FOR SUCH SERVICES ON AN
   49  ANNUALIZED BASIS PURSUANT TO THE TERMS OF SUCH CONTRACT OR CONTRACTS.
   50    3. "BILINGUAL  PERSONNEL"  SHALL  MEAN  AGENCY  OR  AGENCY  CONTRACTOR
   51  EMPLOYEES,  EXCLUDING  PARTICIPANTS  IN  WORK  EXPERIENCE  PROGRAMS, WHO
   52  PROVIDE LANGUAGE ASSISTANCE SERVICES IN ADDITION TO THEIR DUTIES.
   53    4. "CONTRACT" SHALL MEAN ANY  WRITTEN  AGREEMENT,  PURCHASE  ORDER  OR
   54  INSTRUMENT  WHEREBY  THE  AGENCY  IS  COMMITTED TO EXPEND OR DOES EXPEND
       S. 5185                             3
    1  FUNDS IN RETURN FOR WORK, LABOR, SERVICES, OR  ANY  COMBINATION  OF  THE
    2  FOREGOING.
    3    5.  "DOCUMENTS"  SHALL  MEAN  WRITTEN  MATERIAL, WHETHER ELECTRONIC OR
    4  PRINTED, INCLUDING BUT NOT LIMITED TO, FORMS, APPLICATIONS, NOTICES  AND
    5  CORRESPONDENCE, THAT REQUIRE A RESPONSE OR AFFECT BENEFITS LEVELS AND/OR
    6  SERVICES.
    7    6.  "INTERPRETER  PERSONNEL"  SHALL  MEAN  AGENCY OR AGENCY CONTRACTOR
    8  EMPLOYEES WHOSE SOLE RESPONSIBILITY IS TO  PROVIDE  LANGUAGE  ASSISTANCE
    9  SERVICES.  SUCH  DEFINITION  SHALL  NOT  INCLUDE WORK EXPERIENCE PROGRAM
   10  PARTICIPANTS.
   11    7. "INTERPRETATION SERVICES" SHALL MEAN ORAL,  CONTEMPORANEOUS  INTER-
   12  PRETATION OF ORAL CONVERSATIONS.
   13    8.  "LANGUAGE  ASSISTANCE  SERVICES"  SHALL  MEAN LEVEL I AND LEVEL II
   14  LANGUAGE ASSISTANCE SERVICES AS DEFINED IN THIS SECTION.
   15    9. "LEVEL I LANGUAGE ASSISTANCE SERVICES"  SHALL  MEAN  INTERPRETATION
   16  SERVICES  AND  TRANSLATION  SERVICES  PROVIDED BY BILINGUAL PERSONNEL OR
   17  INTERPRETER PERSONNEL TO LIMITED  ENGLISH  PROFICIENT  INDIVIDUALS  THAT
   18  ENSURES  THEIR  ABILITY TO COMMUNICATE EFFECTIVELY WITH AGENCY OR AGENCY
   19  CONTRACTOR PERSONNEL, ACCESS BENEFITS AND SERVICES, PARTICIPATE  EQUALLY
   20  IN ALL SUBSTANTIVE PROGRAMS AND UNDERSTAND DOCUMENTS; PROVIDED, HOWEVER,
   21  THAT SUCH SERVICES MAY NOT BE PROVIDED BY VOLUNTEERS, RELATIVES, SPOUSES
   22  OR  DOMESTIC PARTNERS OF AN INDIVIDUAL IN NEED OF SUCH SERVICES, OR BY A
   23  CLIENT OF THE AGENCY OR AGENCY CONTRACTOR FROM WHICH SUCH INDIVIDUAL  IS
   24  SEEKING ASSISTANCE.
   25    10.  "LEVEL  II  LANGUAGE  ASSISTANCE  SERVICES"  SHALL  MEAN LANGUAGE
   26  ASSISTANCE SERVICES PROVIDED TO LIMITED ENGLISH  PROFICIENT  INDIVIDUALS
   27  BY  MEANS  OTHER  THAN INTERPRETER PERSONNEL OR BILINGUAL PERSONNEL THAT
   28  ENSURES THEIR ABILITY TO COMMUNICATE EFFECTIVELY WITH AGENCY  OR  AGENCY
   29  CONTRACTOR  PERSONNEL, ACCESS BENEFITS AND SERVICES, PARTICIPATE EQUALLY
   30  IN ALL SUBSTANTIVE PROGRAMS AND UNDERSTAND DOCUMENTS; PROVIDED, HOWEVER,
   31  THAT SUCH SERVICES MAY NOT BE PROVIDED BY VOLUNTEERS, RELATIVES, SPOUSES
   32  OR DOMESTIC PARTNERS OF AN INDIVIDUAL IN NEED OF SUCH SERVICES, OR BY  A
   33  CLIENT  OF THE AGENCY OR AGENCY CONTRACTOR FROM WHICH SUCH INDIVIDUAL IS
   34  SEEKING ASSISTANCE.
   35    11. "LIMITED ENGLISH PROFICIENT INDIVIDUAL" SHALL MEAN  AN  INDIVIDUAL
   36  WHO IDENTIFIES AS BEING, OR IS EVIDENTLY, UNABLE TO SPEAK, READ OR WRITE
   37  THE  ENGLISH  LANGUAGE  AT  A  LEVEL THAT PERMITS HIM OR HER TO INTERACT
   38  EFFECTIVELY WITH AGENCY OR AGENCY CONTRACTOR PERSONNEL.
   39    12. "PRIMARY LANGUAGE" SHALL MEAN THE LANGUAGE  CHOSEN  BY  A  LIMITED
   40  ENGLISH  PROFICIENT INDIVIDUAL AS THE LANGUAGE TO BE USED IN COMMUNICAT-
   41  ING WITH SUCH INDIVIDUAL.
   42    13. "PRIMARY LANGUAGE GROUP" SHALL MEAN A GROUP OF INDIVIDUALS SHARING
   43  THE SAME PRIMARY LANGUAGE.
   44    14. "TRANSLATION SERVICES"  SHALL  MEAN  THE  TRANSLATION  OF  WRITTEN
   45  MATTER EITHER ORALLY OR IN WRITING.
   46    S 277. AGENCIES. THE FOLLOWING ENTITIES SHALL PROVIDE LANGUAGE ASSIST-
   47  ANCE SERVICES FOR SERVICES DIRECTLY PROVIDED BY SUCH AGENCY AND SHALL BE
   48  RESPONSIBLE  FOR  ENSURING  THAT  COUNTY AGENCIES AND AGENCY CONTRACTORS
   49  PROVIDING SERVICES UNDER STATE SUPERVISION PROVIDE  LANGUAGE  ASSISTANCE
   50  SERVICES,  AS REQUIRED UNDER THIS ARTICLE: THE NEW YORK STATE DEPARTMENT
   51  OF FAMILY ASSISTANCE, THE NEW YORK STATE DEPARTMENT OF HEALTH,  AND  THE
   52  NEW YORK STATE DEPARTMENT OF LABOR.
   53    S  278.  LANGUAGE  ASSISTANCE  SERVICES.  1.  EACH  AGENCY  AND AGENCY
   54  CONTRACTOR SHALL PROVIDE LANGUAGE ASSISTANCE SERVICES AS REQUIRED  UNDER
   55  THIS ARTICLE FREE OF CHARGE TO LIMITED ENGLISH PROFICIENT INDIVIDUALS.
       S. 5185                             4
    1    2.  AGENCY  CONTRACTORS  SHALL PROVIDE LANGUAGE ASSISTANCE SERVICES AS
    2  REQUIRED UNDER THIS ARTICLE FOR PROGRAMS AND/OR SERVICES OFFERED  PURSU-
    3  ANT TO A CONTRACT OR CONTRACTS WITH AN AGENCY.
    4    S  279.  NOTICES.  1. UPON INITIAL CONTACT, WHETHER BY TELEPHONE OR IN
    5  PERSON, WITH AN INDIVIDUAL SEEKING BENEFITS AND/OR SERVICES  OFFERED  BY
    6  AN  AGENCY  OR AGENCY CONTRACTOR, SUCH AGENCY OR AGENCY CONTRACTOR SHALL
    7  NOTIFY  SUCH  INDIVIDUAL  OF  THE  RIGHT  TO  FREE  LANGUAGE  ASSISTANCE
    8  SERVICES.  IMMEDIATELY FOLLOWING SUCH NOTIFICATION, THE AGENCY OR AGENCY
    9  CONTRACTOR SHALL DETERMINE THE PRIMARY LANGUAGE OF SUCH INDIVIDUAL. SUCH
   10  DETERMINATION SHALL BE MADE BY ASKING THE INDIVIDUAL TO INDICATE HIS  OR
   11  HER PRIMARY LANGUAGE. IF IT IS DETERMINED THAT SUCH INDIVIDUAL'S PRIMARY
   12  LANGUAGE  IS  NOT  ENGLISH,  THEN  UPON SUCH DETERMINATION THE AGENCY OR
   13  AGENCY CONTRACTOR SHALL INFORM SUCH INDIVIDUAL IN  HIS  OR  HER  PRIMARY
   14  LANGUAGE OF THE RIGHT TO FREE LANGUAGE ASSISTANCE SERVICES.
   15    2.  WITHIN  ONE  HUNDRED  EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS
   16  ARTICLE, EACH AGENCY AND AGENCY CONTRACTOR SHALL DETERMINE  THE  PRIMARY
   17  LANGUAGE OF EACH INDIVIDUAL CURRENTLY RECEIVING BENEFITS AND/OR SERVICES
   18  PROVIDED  BY  SUCH  AGENCIES AND AGENCY CONTRACTORS. IF IT IS DETERMINED
   19  THAT ANY SUCH INDIVIDUAL'S PRIMARY LANGUAGE IS NOT  ENGLISH,  THEN  UPON
   20  SUCH  DETERMINATION  THE  AGENCY  OR AGENCY CONTRACTOR SHALL INFORM SUCH
   21  INDIVIDUAL IN HIS OR HER PRIMARY LANGUAGE OF THE RIGHT TO FREE  LANGUAGE
   22  ASSISTANCE SERVICES.
   23    3.  EACH AGENCY AND AGENCY CONTRACTOR SHALL POST CONSPICUOUS SIGNS FOR
   24  EACH PRIMARY LANGUAGE GROUP CONSTITUTING TEN  PERCENT  OR  MORE  OF  THE
   25  INDIVIDUALS  ELIGIBLE  TO BE SERVED OR LIKELY TO BE DIRECTLY AFFECTED BY
   26  THE AGENCY OR AGENCY CONTRACTOR AT  ALL  AGENCY  AND  AGENCY  CONTRACTOR
   27  OFFICES  IN WHICH SERVICES ARE PROVIDED TO THE PUBLIC, INFORMING LIMITED
   28  ENGLISH PROFICIENT INDIVIDUALS OF THEIR RIGHT TO FREE  LANGUAGE  ASSIST-
   29  ANCE SERVICES.
   30    S  280.  RECORDS.  EACH  AGENCY AND AGENCY CONTRACTOR SHALL MAINTAIN A
   31  RECORD OF THE PRIMARY LANGUAGE OF INDIVIDUALS SEEKING OR RECEIVING AGEN-
   32  CY  OR  AGENCY  CONTRACTOR  SERVICES.  PRIMARY  LANGUAGE  DETERMINATIONS
   33  REGARDING INDIVIDUALS SEEKING AGENCY OR AGENCY CONTRACTOR SERVICES SHALL
   34  BE  RECORDED  WHETHER  OR  NOT  SUCH  INDIVIDUAL  ACTUALLY  OBTAINS SUCH
   35  SERVICES.
   36    S 281. LANGUAGE ASSISTANCE SERVICES REQUIRED.  1.  IF,  ON  AN  ANNUAL
   37  BASIS,  TEN  PERCENT  OR  MORE  LIMITED  ENGLISH  PROFICIENT INDIVIDUALS
   38  BELONGING TO THE SAME PRIMARY LANGUAGE GROUP SEEK OR RECEIVE SERVICES OR
   39  BENEFITS AT AN AGENCY OR AGENCY CONTRACTOR, THEN SUCH AGENCY  OR  AGENCY
   40  CONTRACTOR SHALL PROVIDE LEVEL I LANGUAGE ASSISTANCE SERVICES IMMEDIATE-
   41  LY  IN  ALL  INTERACTIONS  WITH A MEMBER OF SUCH PRIMARY LANGUAGE GROUP,
   42  WHETHER SUCH INTERACTION IS BY TELEPHONE OR IN PERSON,  AND  ALL  CORRE-
   43  SPONDENCE  FROM  SUCH  AGENCY OR AGENCY CONTRACTOR TO ANY MEMBER OF SUCH
   44  PRIMARY LANGUAGE  GROUP  SHALL  BE  WRITTEN  IN  SUCH  MEMBER'S  PRIMARY
   45  LANGUAGE.
   46    2.  IF,  ON  AN  ANNUAL  BASIS, AT LEAST TWO PERCENT BUT LESS THAN TEN
   47  PERCENT LIMITED ENGLISH PROFICIENT INDIVIDUALS  BELONGING  TO  THE  SAME
   48  PRIMARY LANGUAGE GROUP SEEK OR RECEIVE SERVICES OR BENEFITS AT AN AGENCY
   49  OR  AGENCY  CONTRACTOR,  THEN  SUCH  AGENCY  OR  AGENCY CONTRACTOR SHALL
   50  PROVIDE LEVEL I LANGUAGE ASSISTANCE SERVICES WITHIN TWENTY-FOUR HOURS OF
   51  A REQUEST FOR SUCH SERVICES BY A MEMBER OF SUCH PRIMARY LANGUAGE GROUP.
   52    3. IF, ON AN ANNUAL BASIS, FEWER  THAN  TWO  PERCENT  LIMITED  ENGLISH
   53  PROFICIENT INDIVIDUALS BELONGING TO THE SAME PRIMARY LANGUAGE GROUP SEEK
   54  OR  RECEIVE SERVICES OR BENEFITS AT AN AGENCY OR AGENCY CONTRACTOR, THEN
   55  SUCH AGENCY OR AGENCY CONTRACTOR SHALL PROVIDE LEVEL I LANGUAGE  ASSIST-
   56  ANCE   SERVICES   OR   LEVEL  II  LANGUAGE  ASSISTANCE  SERVICES  WITHIN
       S. 5185                             5
    1  TWENTY-FOUR HOURS OF A REQUEST FOR LANGUAGE ASSISTANCE BY  A  MEMBER  OF
    2  SUCH PRIMARY LANGUAGE GROUP.
    3    4. DURING THE FIRST NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTI-
    4  CLE,  EACH  AGENCY  AND  AGENCY CONTRACTOR SHALL DETERMINE THE NUMBER OF
    5  LIMITED ENGLISH PROFICIENT INDIVIDUALS FOR EACH PRIMARY  LANGUAGE  GROUP
    6  SEEKING  AND/OR RECEIVING SERVICES FROM SUCH AGENCY OR AGENCY CONTRACTOR
    7  DURING SUCH PERIOD, AND SHALL MULTIPLY  EACH  SUCH  NUMBER  BY  FOUR  TO
    8  DETERMINE  A PROJECTED ANNUAL NUMBER OF LIMITED ENGLISH PROFICIENT INDI-
    9  VIDUALS IN NEED OF LANGUAGE ASSISTANCE  SERVICES.  THE  RESULT  OF  SUCH
   10  CALCULATION  SHALL  DETERMINE  THE  INITIAL LEVEL OF LANGUAGE ASSISTANCE
   11  SERVICES REQUIRED UNDER THIS SECTION. THE DETERMINATION OF THE LEVEL  OF
   12  LANGUAGE  ASSISTANCE  SERVICES REQUIRED UNDER THIS ARTICLE SHALL BE MADE
   13  ANNUALLY AND BASED ON ANNUAL DATA THEREAFTER.
   14    5. WHERE AN APPLICATION OR FORM REQUIRES COMPLETION IN  ENGLISH  BY  A
   15  LIMITED ENGLISH PROFICIENT INDIVIDUAL FOR SUBMISSION TO A STATE AUTHORI-
   16  TY,  THE  AGENCY  OR AGENCY CONTRACTOR SHALL PROVIDE ORAL TRANSLATION OF
   17  SUCH APPLICATION OR FORM AS WELL AS CERTIFICATION BY THE LIMITED ENGLISH
   18  PROFICIENT INDIVIDUAL THAT THE FORM WAS TRANSLATED AND COMPLETED  BY  AN
   19  INTERPRETER.
   20    6.    AT  EACH  OFFICE  (SERVING  THE PUBLIC) OF EACH AGENCY OR AGENCY
   21  CONTRACTOR, THERE SHALL BE POSTED CONSPICUOUSLY, IN NOT LESS THAN TWELVE
   22  POINT, BOLD-FACED TYPE, IN THE APPROPRIATE  LANGUAGE  FOR  EACH  PRIMARY
   23  LANGUAGE  GROUP  CONSTITUTING  TEN  PERCENT  OR  MORE OF THE INDIVIDUALS
   24  ELIGIBLE TO BE SERVED OR LIKELY TO BE DIRECTLY AFFECTED BY THE AGENCY OR
   25  AGENCY CONTRACTOR, THE FOLLOWING  STATEMENT:  "IMPORTANT:  DOCUMENTS  IN
   26  THIS  OFFICE  CONTAIN IMPORTANT INFORMATION ABOUT YOUR BENEFITS. WE WILL
   27  TRANSLATE THESE DOCUMENTS FOR YOU FREE OF CHARGE." FOLLOWING SUCH STATE-
   28  MENT SHALL BE THE NAME, TELEPHONE NUMBER AND ADDRESS OF  THE  AGENCY  OR
   29  AGENCY CONTRACTOR TO CONTACT TO REQUEST FREE TRANSLATION OF A DOCUMENT.
   30    S 282. SCREENING AND TRAINING. 1. BEFORE BILINGUAL PERSONNEL OR INTER-
   31  PRETER  PERSONNEL MAY PROVIDE LANGUAGE ASSISTANCE SERVICES, SUCH PERSON-
   32  NEL MUST BE SCREENED BY THE AGENCY OR AGENCY CONTRACTOR  EMPLOYING  SUCH
   33  PERSONNEL  TO  ENSURE  THAT  THEY ARE CAPABLE OF PROVIDING SUCH SERVICES
   34  EFFECTIVELY. IN  ADDITION,  EACH  AGENCY  AND  AGENCY  CONTRACTOR  SHALL
   35  PROVIDE ANNUAL TRAINING FOR SUCH PERSONNEL TO ENSURE THAT SUCH PERSONNEL
   36  ARE PROVIDING LANGUAGE ASSISTANCE SERVICES EFFECTIVELY.
   37    2.  EACH  AGENCY  OR  AGENCY  CONTRACTOR  PROVIDING  LEVEL II LANGUAGE
   38  ASSISTANCE SERVICES SHALL ENSURE THAT SUCH SERVICES ARE EFFECTIVE.
   39    S 283. MISCELLANEOUS. 1. NOTHING IN THIS  SECTION  SHALL  PRECLUDE  AN
   40  AGENCY OR AGENCY CONTRACTOR FROM PROVIDING LANGUAGE SERVICES IN ADDITION
   41  TO THOSE REQUIRED UNDER THIS ARTICLE.
   42    2.  LANGUAGE  ASSISTANCE SERVICES REQUIRED PURSUANT TO THIS ARTICLE TO
   43  BE PROVIDED BY AN AGENCY SHALL BE PERFORMED BY EMPLOYEES OF SUCH AGENCY.
   44    3. IF AN AGENCY CONTRACTOR ENTERS INTO AN AGREEMENT WITH AN ENTITY  TO
   45  PROVIDE  SERVICES  TO THE PUBLIC THAT SUCH AGENCY CONTRACTOR IS REQUIRED
   46  TO PROVIDE UNDER A CONTRACT WITH AN AGENCY, THEN SUCH  ENTITY  SHALL  BE
   47  CONSIDERED  AN  AGENCY CONTRACTOR FOR PURPOSES OF THIS ARTICLE AND SHALL
   48  PROVIDE LANGUAGE ASSISTANCE SERVICES AS REQUIRED IN THIS ARTICLE.
   49    4. THIS ARTICLE SHALL  NOT  APPLY  TO  ANY  CONTRACT  WITH  AN  AGENCY
   50  CONTRACTOR  ENTERED  INTO  PRIOR  TO THE EFFECTIVE DATE OF THIS ARTICLE,
   51  EXCEPT THAT RENEWAL, AMENDMENT OR MODIFICATION OF SUCH  CONTRACT  OCCUR-
   52  RING  ON OR AFTER SUCH EFFECTIVE DATE SHALL BE SUBJECT TO THE PROVISIONS
   53  OF THIS ARTICLE.
   54    S 284. COMPTROLLER AUDITS. 1. THE  COMPTROLLER  SHALL  CONDUCT  ANNUAL
   55  AUDITS  OF  THE  AGENCIES  AND  AGENCY  CONTRACTORS  REQUIRED TO PROVIDE
   56  LANGUAGE ASSISTANCE SERVICES PURSUANT TO  THIS  ARTICLE.    SUCH  AUDITS
       S. 5185                             6
    1  SHALL  GENERALLY  DETERMINE THE EFFECTIVENESS OF THE LANGUAGE ASSISTANCE
    2  SERVICES PROVIDED BY EACH AGENCY AND  AGENCY  CONTRACTOR.  SPECIFICALLY,
    3  SUCH AUDITS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMA-
    4  TION:    (A)  THE  NUMBER  OF REQUESTS FOR LANGUAGE ASSISTANCE SERVICES,
    5  DISAGGREGATED BY AGENCY AND AGENCY CONTRACTOR, TYPE OF LANGUAGE  ASSIST-
    6  ANCE REQUESTED AND PRIMARY LANGUAGE;
    7    (B)  THE  NUMBER  OF  LIMITED  ENGLISH  PROFICIENT INDIVIDUALS SERVED,
    8  DISAGGREGATED BY AGENCY AND AGENCY CONTRACTOR, TYPE OF LANGUAGE  ASSIST-
    9  ANCE REQUESTED AND PRIMARY LANGUAGE;
   10    (C)  THE  NUMBER  OF BILINGUAL PERSONNEL AND THE NUMBER OF INTERPRETER
   11  PERSONNEL, DISAGGREGATED  BY  AGENCY,  AGENCY  CONTRACTOR  AND  LANGUAGE
   12  TRANSLATED BY SUCH PERSONNEL;
   13    (D) THE AVERAGE LENGTH OF TIME TO PROVIDE LANGUAGE ASSISTANCE SERVICES
   14  TO  LIMITED  ENGLISH  PROFICIENT  INDIVIDUALS,  DISAGGREGATED BY AGENCY,
   15  AGENCY CONTRACTOR AND PRIMARY LANGUAGE;
   16    (E) WHETHER PRIMARY LANGUAGE  DETERMINATIONS  ARE  PROPERLY  RECORDED,
   17  DISAGGREGATED BY AGENCY AND AGENCY CONTRACTOR; AND
   18    (F)  WHETHER,  AS  DETERMINED  THROUGH A RANDOM SAMPLING OF TRANSLATED
   19  DOCUMENTS, DOCUMENTS HAVE BEEN  TRANSLATED  PROPERLY  AND  IN  A  TIMELY
   20  MANNER  AND  SENT  TO THE APPROPRIATE PARTY, DISAGGREGATED BY AGENCY AND
   21  AGENCY CONTRACTOR.
   22    2. WHENEVER POSSIBLE, THE RESULTS OF SUCH  AUDITS  SHALL  BE  VERIFIED
   23  THROUGH DIRECT CONTACT WITH A STATISTICALLY SIGNIFICANT SAMPLE OF AGENCY
   24  AND/OR AGENCY CONTRACTOR CLIENTS.
   25    S 285. CIVIL CAUSE OF ACTION. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY
   26  PERSON  CLAIMING  TO  BE  INJURED  BY THE FAILURE OF AN AGENCY OR AGENCY
   27  CONTRACTOR TO PROVIDE LANGUAGE ASSISTANCE  SERVICES  AS  REQUIRED  UNDER
   28  THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION AGAINST SUCH AGENCY OR AGENCY
   29  CONTRACTOR  IN ANY COURT OF COMPETENT JURISDICTION FOR ANY OR ALL OF THE
   30  FOLLOWING RELIEF:
   31    (A) COMPENSATORY AND PUNITIVE DAMAGES;
   32    (B) INJUNCTIVE AND DECLARATORY RELIEF;
   33    (C) ATTORNEYS' FEES AND COSTS; AND
   34    (D) SUCH OTHER RELIEF AS A COURT MAY DEEM APPROPRIATE.
   35    S 286.  LIMITATIONS.  A  CIVIL  ACTION  UNDER  THIS  ARTICLE  MUST  BE
   36  COMMENCED  WITHIN  ONE  YEAR AFTER THE ALLEGED VIOLATION OF THE REQUIRE-
   37  MENTS OF THIS ARTICLE. IF, HOWEVER, DUE TO INJURY OR DISABILITY  RESULT-
   38  ING  FROM  AN  ACT  OR  ACTS GIVING RISE TO A CAUSE OF ACTION UNDER THIS
   39  ARTICLE, OR DUE TO INFANCY AS DEFINED IN THE CIVIL  PRACTICE    LAW  AND
   40  RULES,  A  PERSON  ENTITLED  TO COMMENCE AN ACTION UNDER THIS ARTICLE IS
   41  UNABLE TO DO SO AT THE TIME SUCH CAUSE OF ACTION ACCRUES, THEN THE  TIME
   42  WITHIN  WHICH THE ACTION MUST BE COMMENCED SHALL BE EXTENDED TO ONE YEAR
   43  AFTER THE INABILITY TO COMMENCE THE ACTION CEASES.
   44    S 287. RULES. EACH AGENCY SHALL PROMULGATE SUCH RULES AS ARE NECESSARY
   45  FOR THE PURPOSES OF IMPLEMENTING AND CARRYING OUT THE PROVISIONS OF THIS
   46  ARTICLE. SUCH RULES SHALL BE APPLICABLE TO THE AGENCY  THAT  PROMULGATED
   47  THE RULES AS WELL AS TO AGENCY CONTRACTORS ASSOCIATED WITH SUCH AGENCY.
   48    S  288.  SEVERABILITY.  IF ANY SECTION, SUBDIVISION, SENTENCE, CLAUSE,
   49  PHRASE OR OTHER PORTION OF THIS ARTICLE IS,  FOR  ANY  REASON,  DECLARED
   50  UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPE-
   51  TENT  JURISDICTION  SUCH  PORTION  SHALL  BE  DEEMED SEVERABLE, AND SUCH
   52  UNCONSTITUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY  OF  THE
   53  REMAINING  PORTIONS OF THIS LAW, WHICH REMAINING PORTIONS SHALL CONTINUE
   54  IN FULL FORCE AND EFFECT.
   55    S 3. This act shall take effect on the one hundred eightieth day after
   56  it shall have become a law.
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