NY State Senate Bill 2011-S1869

Senate Bill S1869

2011-2012 Legislative Session

Enacts the "language barrier elimination act" to provide translations to the limited English proficient in connection with certain services

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Archive: Last Bill Status - In Senate Committee Finance 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 04, 2012	referred to finance
Jan 13, 2011	referred to finance

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2011-S1869 (ACTIVE) - Details

See Assembly Version of this Bill:: A6428
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 14-A §§275 - 288, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5185, A11665
2013-2014: S1712, A1970
2015-2016: S3715, A292
2017-2018: S2339, A1221
2019-2020: S3340, A2061
2021-2022: S4874
2023-2024: S4574

2011-S1869 (ACTIVE) - Summary

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

2011-S1869 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1869

TITLE OF BILL:
An act
to amend the executive law, in relation to ensuring equal access to
health and human services for limited English speaking individuals

PURPOSE:
To ensure that limited English proficient New Yorkers have
access to health and human services provided by state and local
agencies by enacting the "Language Barrier Elimination Act".

SUMMARY OF PROVISIONS:
The legislation amends the executive law by
adding a new article 14-A to create the "Language Barrier Elimination
Act".

Section 275 lists the short title of the legislation.

Section 276 provides the definitions used in Article 14-A.

Section 277 lists the agencies required to comply with Article 14-A.

Section 278 requires agencies listed in Section 277 and agency
contractors to provide language assistance services.

Section 279 requires notices to be given to individuals seeking
assistance of their right to free language assistance services.

Section 280 requires agency and agency contractors to keep records of
primary languages of individuals served.

Section 281 sets forth the level of language assistance services
provided by agencies and agency contractors.

Section 282 requires screening of bilingual personnel or interpreter
personnel prior to providing such language assistance services in
order to ensure that they are capable of providing such services
effectively.

Section 283 provides miscellaneous language concerning language
assistance services provided by agencies and agency contractors.

Section 284 requires the comptroller to conduct annual audits of
agencies and agency contractors.

Section 285 provides that individuals injured by the failure of an
agency or agency contractor shall have a civil cause of action
against such agency or agency contractor.

Section 286 requires that a civil action under this article must be
commenced within one year after the alleged violation of the
requirements of this article.


Section 287 provides that each agency shall promulgate rules for
purposes of implementing and carrying out the provisions of this
article.

Section 288 contains a severability clause. Section 289 states the
effective date.

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 from the State Department of
Family Assistance (Office of Children and Family Services and Office
of Temporary And Disability Assistance), the State Department of
Health and the State Department of Labor, and from county and
contract agencies under their supervision.

This bill is necessary due to the large numbers of limited English
proficient New Yorkers and the failure of state and county
governments to provide translated materials and interpreters to
enable these persons to have equal access to services. New York State
and county governments have been found to be in violation of Title VI
by failing to provide adequate language access in New York City,
Nassau and Suffolk Counties in the provision of Food Stamps, Public
Assistance and Medicaid. In addition, an Assembly legislative hearing
found that the lack of interpreters denied many limited English
speaking families from receiving appropriate child welfare services.

LEGISLATIVE HISTORY:
2007 - Referred to Finance
2008 - Referred to Finance

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become law.

2011-S1869 (ACTIVE) - Bill Text download pdf

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

                                  1869

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- 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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05817-01-1

S. 1869                             2

benefits  were  routinely  unable  to  access such benefits due to their
inability to speak English.
  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

S. 1869                             3

FUNDS IN RETURN FOR WORK, LABOR, SERVICES, OR  ANY  COMBINATION  OF  THE
FOREGOING.
  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.

S. 1869                             4

  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.
  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

S. 1869                             5

TWENTY-FOUR HOURS OF A REQUEST FOR LANGUAGE ASSISTANCE BY  A  MEMBER  OF
SUCH PRIMARY LANGUAGE GROUP.
  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

S. 1869                             6

SHALL  GENERALLY  DETERMINE THE EFFECTIVENESS OF THE LANGUAGE ASSISTANCE
SERVICES PROVIDED BY EACH AGENCY AND  AGENCY  CONTRACTOR.  SPECIFICALLY,
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.

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Senate Bill S1869

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