S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10866

                          I N  A S S E M B L Y

                             April 27, 2010
                               ___________

Introduced  by  M.  of  A.  ESPAILLAT  --  read once and referred to the
  Committee 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:

  Section 1. The civil service law is amended by adding  a  new  section
55-d to read as follows:
  S  55-D.  ENSURING  LANGUAGE ASSISTANCE SERVICES BY STATE AGENCIES. 1.
EVERY STATE AGENCY SHALL PROVIDE LANGUAGE  ASSISTANCE  SERVICES  TO  ALL
LIMITED  ENGLISH  PROFICIENT  INDIVIDUALS  SO AS TO ENSURE THAT ALL SUCH
INDIVIDUALS WHO CANNOT SPEAK, READ,  WRITE  OR  UNDERSTAND  THE  ENGLISH
LANGUAGE  WITH THE PROFICIENCY NECESSARY FOR ADEQUATE COMMUNICATION WITH
AGENCY PERSONNEL HAVE EFFECTIVE ACCESS  TO  THE  AGENCY'S  PROGRAMS  AND
SERVICES.   EVERY STATE AGENCY SHALL ENSURE THAT ALL INDIVIDUALS PROVID-
ING LANGUAGE ASSISTANCE SERVICES TO LIMITED ENGLISH PROFICIENT  INDIVID-
UALS  HAVE  SUFFICIENT FLUENCY IN BOTH ENGLISH AND THE RELEVANT LANGUAGE
TO COMMUNICATE INFORMATION  NECESSARY  FOR  SUCH  INDIVIDUAL  TO  ACCESS
SERVICES.    LANGUAGE  ASSISTANCE  SERVICES  FOR PRIMARY AND NON-PRIMARY
LANGUAGES SHALL BE AVAILABLE AT ALL AGENCY  LOCATIONS  OPEN  FOR  PUBLIC
BUSINESS,  AND  SHALL, TO THE EXTENT PRACTICABLE, BE PROVIDED IN PERSON.
TRANSLATION OF ALL FREQUENTLY USED FORMS  AND  OTHER  WRITTEN  MATERIALS
THAT  ARE  ESSENTIAL TO ACCESS AGENCY SERVICES SHALL BE AVAILABLE IN ALL
OF THE AGENCY'S PRIMARY  LANGUAGES.  THE  PRESIDENT  SHALL  DEVELOP  AND
IMPLEMENT  A  COMPREHENSIVE  LANGUAGE  ASSISTANCE  PLAN THAT ESTABLISHES
UNIFORM  POLICIES  AND  PROCEDURES  FOR  PROVIDING  LANGUAGE  ASSISTANCE
SERVICES BY ALL STATE AGENCIES, INCLUDING PROCEDURES FOR DOCUMENTING THE
PROVISION  OF  OR  REFUSAL  OF  LANGUAGE  ASSISTANCE  SERVICES, AND THAT
REQUIRES TRAINING TO ENSURE THAT ALL STAFF WHO HAVE CONTACT WITH LIMITED
ENGLISH PROFICIENT INDIVIDUALS COMPLY WITH THE PLAN. SUCH PERSON PROVID-
ING LANGUAGE ASSISTANCE SERVICES MAY BE A QUALIFIED INTERPRETER,  VOLUN-
TARY WORKER OR OTHER PERSONNEL CURRENTLY EMPLOYED BY THE AGENCY.
  2.  ALL  STATE  AGENCIES SHALL PROVIDE WRITTEN NOTICE AS TO THE AVAIL-
ABILITY OF LANGUAGE ASSISTANCE SERVICES, INCLUDING  ORAL  INTERPRETATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00078-06-0

A. 10866                            2

AND TRANSLATIONS OF FORMS AND OTHER MATERIALS. NOTICE OF AVAILABILITY OF
LANGUAGE  ASSISTANCE SERVICES SHALL ALSO BE POSTED IN CONSPICUOUS AGENCY
LOCATIONS OPEN FOR PUBLIC BUSINESS IN ALL PRIMARY LANGUAGES.
  3. ALL STATE AGENCIES SHALL MAINTAIN A RECORD OF THE PRIMARY LANGUAGES
SPOKEN  BY  ANY  INDIVIDUAL  SEEKING  OR  RECEIVING  LANGUAGE ASSISTANCE
SERVICES AT SUCH AGENCY. SUCH INFORMATION SHALL BE RECORDED  WHETHER  OR
NOT SUCH INDIVIDUAL ACTUALLY OBTAINS SUCH SERVICE.
  4.  (A)  ALL  STATE  AGENCIES  SHALL SUBMIT TO THE PRESIDENT AN ANNUAL
REPORT ASSESSING ITS COMPLIANCE WITH THE REQUIREMENTS OF  THIS  SECTION.
THE  REPORT SHALL IDENTIFY THE PRIMARY LANGUAGES USED BY THE PUBLIC, AND
THE PERCENTAGE OF THE AGENCY'S INTERACTION WITH  THE  PUBLIC  WHO  SPEAK
EACH PRIMARY LANGUAGE.
  (B) ALL STATE AGENCIES SHALL MAINTAIN A RECORD OF THE FOREIGN LANGUAGE
PRIMARILY SPOKEN BY ANY INDIVIDUAL SEEKING OR RECEIVING LANGUAGE ASSIST-
ANCE  SERVICES AT THE AGENCY. SUCH INFORMATION SHALL BE RECORDED WHETHER
OR NOT SUCH INDIVIDUAL ACTUALLY OBTAINS SERVICES.
  (C) THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR AND  TO  THE  LEGISLA-
TURE, ON OR BEFORE, MARCH FIRST OF EACH YEAR, A WRITTEN REPORT ON AGENCY
COMPLIANCE  WITH THE REQUIREMENTS OF THIS SECTION. THE REPORT SHALL ALSO
COMPILE AGENCY FINDINGS AND IDENTIFY THE PRIMARY LANGUAGES USED  BY  THE
PUBLIC, AND THE PERCENTAGE OF OVERALL AGENCY INTERACTION WITH THE PUBLIC
WHO SPEAK EACH PRIMARY LANGUAGE. THIS REPORT SHALL ALSO INCLUDE INDIVID-
UAL AGENCY REPORT SUBMISSIONS AS REQUIRED IN THIS SECTION.
  5. THE PRESIDENT SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY  AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION, WHICH
SHALL INCLUDE THE METHODOLOGY TO BE  USED  BY  AGENCIES  IN  DETERMINING
PRIMARY LANGUAGES.
  6.  FOR  THE  PURPOSES OF THIS SECTION: (A) "PRIMARY LANGUAGE" MEANS A
LANGUAGE OTHER THAN ENGLISH THAT IS  EITHER  (I)  USED  TO  COMMUNICATE,
DURING  AT LEAST FIVE PERCENT OF PUBLIC VISITS IN A YEAR, BY INDIVIDUALS
OF THE PUBLIC WHO CANNOT SPEAK, READ, WRITE OR  UNDERSTAND  THE  ENGLISH
LANGUAGE  AT  THE  LEVEL OF PROFICIENCY NECESSARY FOR EFFECTIVE COMMUNI-
CATION WITH AGENCY OFFICIALS; OR (II)  SPOKEN  BY  NON-ENGLISH  SPEAKING
INDIVIDUALS COMPRISING MORE THAN FIVE PERCENT OF THE AGENCY SERVICE AREA
POPULATION,  AS  CALCULATED  BY  USING DEMOGRAPHIC INFORMATION AVAILABLE
FROM THE UNITED STATES BUREAU OF THE CENSUS;
  (B) "STATE AGENCY" MEANS ANY STATE DEPARTMENT,  BOARD,  BUREAU,  DIVI-
SION, COMMISSION, COMMITTEE, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTI-
TY  PERFORMING  A  GOVERNMENTAL  OR  PROPRIETARY FUNCTION FOR THE STATE,
EXCEPT FOR THE JUDICIARY OR THE STATE LEGISLATURE.
  (C) "LANGUAGE ASSISTANCE SERVICES"  MEANS  INTERPRETATION  AND  TRANS-
LATION SERVICES EITHER ORALLY OR IN WRITING.
  (D) "LIMITED ENGLISH PROFICIENT INDIVIDUAL" MEANS A PERSON WHO IDENTI-
FIES  AS BEING OR IS UNABLE TO SPEAK, READ OR WRITE THE ENGLISH LANGUAGE
AT A LEVEL THAT PERMITS HIM OR HER TO INTERACT EFFECTIVELY WITH AN AGEN-
CY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.