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

                                  11665

                          I N  A S S E M B L Y

                              July 6, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Espaillat)
  -- 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 office
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  individ-
uals.  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.
                                                           LBD11657-01-9
              

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  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 being 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 language barrier elimination
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
opportunities to participate in any program or activity receiving feder-
al  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.
  S 2. The executive law is amended by adding a new article 14-A to read
as follows:
                              ARTICLE 14-A

                    LANGUAGE BARRIER ELIMINATION ACT
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.
  S  275.  SHORT TITLE.  THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
"LANGUAGE BARRIER ELIMINATION ACT".
  S 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
FUNDS  IN  RETURN  FOR  WORK, LABOR, SERVICES, OR ANY COMBINATION OF THE
FOREGOING.

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  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.
  S 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.
  S  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.
  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.

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  S  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 FOR
EACH PRIMARY LANGUAGE GROUP CONSTITUTING TEN  PERCENT  OR  MORE  OF  THE
INDIVIDUALS  ELIGIBLE  TO BE SERVED OR LIKELY TO BE DIRECTLY AFFECTED BY
THE AGENCY OR AGENCY CONTRACTOR 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  ASSIST-
ANCE SERVICES.
  S  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.
  S 281. LANGUAGE ASSISTANCE SERVICES REQUIRED.  1.  IF,  ON  AN  ANNUAL
BASIS,  TEN  PERCENT  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, AT LEAST TWO PERCENT BUT LESS THAN TEN
PERCENT 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  TWO  PERCENT  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-FOUR HOURS OF A REQUEST FOR LANGUAGE ASSISTANCE BY  A  MEMBER  OF
SUCH PRIMARY LANGUAGE GROUP.

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  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.   AT EACH OFFICE (SERVING THE PUBLIC)  OF  EACH  AGENCY  OR  AGENCY
CONTRACTOR, THERE SHALL BE POSTED CONSPICUOUSLY, IN NOT LESS THAN TWELVE
POINT,  BOLD-FACED  TYPE,  IN  THE APPROPRIATE LANGUAGE FOR EACH PRIMARY
LANGUAGE GROUP CONSTITUTING TEN  PERCENT  OR  MORE  OF  THE  INDIVIDUALS
ELIGIBLE TO BE SERVED OR LIKELY TO BE DIRECTLY AFFECTED BY THE AGENCY OR
AGENCY  CONTRACTOR,  THE  FOLLOWING  STATEMENT: "IMPORTANT: DOCUMENTS IN
THIS OFFICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR BENEFITS.  WE  WILL
TRANSLATE THESE DOCUMENTS FOR YOU FREE OF CHARGE." FOLLOWING SUCH STATE-
MENT  SHALL  BE  THE NAME, TELEPHONE NUMBER AND ADDRESS OF THE AGENCY OR
AGENCY CONTRACTOR TO CONTACT TO REQUEST FREE TRANSLATION OF A DOCUMENT.
  S 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.
  S  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.
  S  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
SERVICES  PROVIDED  BY  EACH AGENCY AND AGENCY CONTRACTOR. SPECIFICALLY,

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