NY State Senate Bill 2009-S2574

Senate Bill S2574

2009-2010 Legislative Session

Ensures language assistance services by state agencies and requires state agencies to maintain records and to submit an annual report on language services

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Feb 24, 2009	referred to civil service and pensions

co-Sponsors

2009-S2574 (ACTIVE) - Details

See Senate Version of this Bill:: S7292
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §55-d, Civ Serv L

2009-S2574 (ACTIVE) - Summary

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.

2009-S2574 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2574

 TITLE OF BILL :
An act to amend the civil service law, in relation to language
assistance services by state agencies


 PURPOSE :
This legislation would ensure that limited English proficient New
Yorkers have access to services provided by state agencies through the
provision of interpreters and translated material.

 SUMMARY OF PROVISIONS :
Section 1 amends the civil service law by adding section 55-d.  This
section requires that every state agency provide language assistance
services to all limited English proficient individuals so as to ensure
that all such individuals who cannot read, write or understand the
English language with the proficiency necessary for adequate
communication with agency personnel have effective access to the
agency's primary programs and 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.

Section 2: requires all agencies to provide written notice as to the
availability of language assistance services, including oral
interpretation and translations of forms and other materials.  This
notice shall also be posted in conspicuous agency locations open for
public business, in all primary languages.

Section 3: requires that all agencies maintain a record of the primary
languages spoken by any individual seeking or receiving language
assistance services at such agency.

Section 4a: requires all agencies to submit an annual report assessing
its compliance with the requirements of this section.

Section 4b: requires all agencies to maintain a record of the foreign
language primarily spoken by any individual seeking language
assistance.

Section 4c: requires the department shall render each year to the
Governor and to the legislature, on or before, March first of each
year, a written report on agency compliance with the requirements of
this section.

Section 5: the president shall promulgate 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.

Section 6: Definitions.

 JUSTIFICATION :
Title VI of the Civil Rights Act of 1964 provides 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
has stated that failure to provide language assistance to limited
English speaking individuals 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.

This legislation would ensure that New York State and county
governments are in compliance with Title VI by requiring the provision
of translated materials and interpreters to limited English speaking
persons seeking assistance and services.

This bill tries to address the need for translation services at state
and county offices. Many limited English proficient New Yorkers fail
to receive adequate services due to failure to comply with Title VI
regulations.

 LEGISLATIVE HISTORY :
2007-2008 - A.1684

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect one hundred eighty days after it shall
become law.

2009-S2574 (ACTIVE) - Bill Text download pdf

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

                                  2574

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 24, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

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  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 PERSON-
NEL  HAVE EFFECTIVE ACCESS TO THE AGENCY'S PROGRAMS AND SERVICES.  EVERY
AGENCY SHALL ENSURE THAT ALL INDIVIDUALS PROVIDING  LANGUAGE  ASSISTANCE
SERVICES  TO  LIMITED  ENGLISH  PROFICIENT  INDIVIDUALS  HAVE SUFFICIENT
FLUENCY IN BOTH ENGLISH AND THE RELEVANT LANGUAGE TO COMMUNICATE  INFOR-
MATION  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 PROCE-
DURES FOR  PROVIDING  LANGUAGE  ASSISTANCE  SERVICES  BY  ALL  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 PROVIDING LANGUAGE ASSISTANCE SERVICES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00078-01-9

S. 2574                             2

MAY BE A QUALIFIED INTERPRETER,  VOLUNTARY  WORKER  OR  OTHER  PERSONNEL
CURRENTLY EMPLOYED BY THE AGENCY.
  2. ALL AGENCIES SHALL PROVIDE WRITTEN NOTICE AS TO THE AVAILABILITY OF
LANGUAGE  ASSISTANCE  SERVICES, INCLUDING ORAL INTERPRETATION AND TRANS-
LATIONS 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 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  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  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 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) "AGENCY" MEANS ANY  STATE  DEPARTMENT,  BOARD,  BUREAU,  DIVISION,
COMMISSION,  COMMITTEE,  COUNCIL,  OFFICE  OR  OTHER GOVERNMENTAL ENTITY
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 eightieth day after
it shall have become a law.

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Senate Bill S2574

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Sponsored By

Hiram Monserrate