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

                                  8276

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 9, 2011
                               ___________

Introduced  by M. of A. LINARES -- read once and referred to the Commit-
  tee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to limited-English proficiency requirements for the agencies
  of the city of New York; and to amend the executive law,  in  relation
  to limited-English proficiency requirements for state agencies provid-
  ing  direct public services in a city with a population of one million
  or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision a of section 8-1002 of the administrative code
of the city of New York, as added by local law 73 of  the  city  of  New
York for the year 2003, is amended to read as follows:
  a.  ["Agency"]  EXCEPT  FOR  THE  PURPOSES OF SECTION 8-1003.1 OF THIS
CHAPTER, "AGENCY" means the human resources administration/department of
social services, including any part, subdivision, field office or satel-
lite facility thereof.
  S 2. The administrative code of the city of New  York  is  amended  by
adding a new section 8-1003.1 to read as follows:
  S  8-1003.1  LIMITED-ENGLISH  PROFICIENCY  REQUIREMENTS.  A.   FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
MEANINGS:
  1.  "DIRECT  PUBLIC  SERVICES"  SHALL MEAN SERVICES ADMINISTERED BY AN
AGENCY DIRECTLY TO PROGRAM BENEFICIARIES AND/OR PARTICIPANTS.
  2. "ESSENTIAL  PUBLIC  DOCUMENTS"  SHALL  MEAN  THOSE  DOCUMENTS  MOST
COMMONLY  DISTRIBUTED  TO  THE  PUBLIC THAT CONTAIN ELICIT IMPORTANT AND
NECESSARY INFORMATION REGARDING THE PROVISION OF BASIC CITY SERVICES.
  B. 1. EVERY CITY AGENCY THAT PROVIDES  DIRECT  PUBLIC  SERVICES  SHALL
ENSURE  MEANINGFUL ACCESS TO SUCH SERVICES BY TAKING REASONABLE STEPS TO
DEVELOP AND IMPLEMENT AGENCY-SPECIFIC LANGUAGE ASSISTANCE PLANS  REGARD-
ING LIMITED-ENGLISH PROFICIENT PERSONS.
  2. EVERY CITY AGENCY THAT PROVIDES SERVICES TO THE PUBLIC THAT ARE NOT
PROGRAMMATIC  IN NATURE, SUCH AS EMERGENCY SERVICES, SHALL IMPLEMENT THE
PROVISIONS OF THIS SECTION TO THE EXTENT PRACTICABLE.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11170-03-1

A. 8276                             2

  C. EVERY CITY AGENCY SHALL:
  1.  DESIGNATE  A LANGUAGE ACCESS COORDINATOR WITHIN FORTY-FIVE DAYS OF
THE EFFECTIVE DATE OF THIS SECTION TO OVERSEE THE CREATION AND EXECUTION
OF AN AGENCY-SPECIFIC INTERNAL LANGUAGE ACCESS POLICY AND IMPLEMENTATION
PLAN;
  2. DEVELOP SUCH LANGUAGE ACCESS POLICIES AND IMPLEMENTATION  PLANS  BY
JANUARY  FIRST,  TWO  THOUSAND  TWELVE.  SUCH PLAN SHALL BE DEVELOPED BY
ASSESSING THE FOLLOWING FOUR FACTORS:
  (I) THE NUMBER OR PROPORTION OF LIMITED-ENGLISH PROFICIENT PERSONS  IN
THE ELIGIBLE SERVICE POPULATION;
  (II)  THE FREQUENCY WITH WHICH LIMITED-ENGLISH PROFICIENT PERSONS COME
INTO CONTACT WITH THE AGENCY;
  (III) THE IMPORTANCE OF THE BENEFIT, SERVICE, INFORMATION OR ENCOUNTER
TO THE LIMITED-ENGLISH PROFICIENT PERSONS, INCLUDING THE CONSEQUENCES OF
LACK OF LANGUAGE SERVICES OR INADEQUATE INTERPRETATION  OR  TRANSLATION;
AND
  (IV)  THE RESOURCES AVAILABLE TO THE AGENCY AND THE COSTS OF PROVIDING
VARIOUS TYPES OF LANGUAGE SERVICES;
  3. PROVIDE SERVICES IN LANGUAGES BASED ON AT LEAST THE TOP SIX  LIMIT-
ED-ENGLISH  PROFICIENCY  LANGUAGES SPOKEN BY THE POPULATION OF THE CITY,
AS THOSE LANGUAGES ARE DETERMINED BY THE DEPARTMENT  OF  CITY  PLANNING,
BASED  ON UNITED STATES CENSUS DATA, AND AS THOSE LANGUAGES ARE RELEVANT
TO SERVICES OFFERED BY EACH AGENCY;
  4. ENSURE THAT THE LANGUAGE  ACCESS  POLICY  AND  IMPLEMENTATION  PLAN
INCLUDES THE FOLLOWING ELEMENTS FOR LIMITED-ENGLISH PROFICIENT PERSONS:
  (I)  IDENTIFICATION  AND  TRANSLATION  OF  ESSENTIAL  PUBLIC DOCUMENTS
PROVIDED TO OR COMPLETED BY PROGRAM BENEFICIARIES AND/OR PARTICIPANTS;
  (II) INTERPRETATION SERVICES, INCLUDING, BUT NOT LIMITED TO,  THE  USE
OF  TELEPHONIC  INTERPRETATION  SERVICES  FOR  THE TOP SIX LANGUAGES, AS
DETERMINED PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION AND OTHERS AS
APPROPRIATE;
  (III) TRAINING OF FRONTLINE WORKERS AND MANAGERS  ON  LANGUAGE  ACCESS
POLICIES AND PROCEDURES;
  (IV) POSTING OF SIGNAGE IN CONSPICUOUS LOCATIONS ABOUT THE AVAILABILI-
TY OF FREE INTERPRETATION SERVICES;
  (V)  ESTABLISHMENT OF AN APPROPRIATE MONITORING AND MEASUREMENT SYSTEM
REGARDING THE PROVISION OF AGENCY LANGUAGE SERVICES; AND
  (VI) CREATION OF APPROPRIATE PUBLIC AWARENESS STRATEGIES FOR THE AGEN-
CIES' SERVICES POPULATIONS; AND
  5. REFLECT THE PRINCIPLES OF PLAIN LANGUAGE COMMUNICATION AS  PROVIDED
IN GUIDANCE ISSUED BY THE MAYOR'S OFFICE OF ADULT EDUCATION.
  D. THE MAYOR'S OFFICE OF OPERATIONS SHALL PROVIDE TECHNICAL ASSISTANCE
TO INDIVIDUAL AGENCIES AND COORDINATE AND OVERSEE AGENCY COMPLIANCE WITH
THIS SECTION.
  S 3. The executive law is amended by adding a new article 14-A to read
as follows:
                              ARTICLE 14-A
       LIMITED-ENGLISH PROFICIENCY REQUIREMENTS FOR STATE AGENCIES
SECTION 280. DEFINITIONS.
        281. LIMITED-ENGLISH  PROFICIENCY REQUIREMENTS FOR CERTAIN STATE
               AGENCIES.
  S 280. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "DIRECT  PUBLIC SERVICES" MEANS SERVICES ADMINISTERED BY AN AGENCY
DIRECTLY TO PROGRAM BENEFICIARIES AND/OR PARTICIPANTS;

A. 8276                             3

  2. "ESSENTIAL PUBLIC DOCUMENTS" MEANS THOSE  DOCUMENTS  MOST  COMMONLY
DISTRIBUTED  TO THE PUBLIC THAT CONTAIN IMPORTANT AND NECESSARY INFORMA-
TION REGARDING THE PROVISION OF BASIC CITY SERVICES;
  3.  "LIMITED-ENGLISH  PROFICIENT PERSONS" MEANS PEOPLE WHO IDENTIFY AS
BEING OR ARE UNABLE TO SPEAK, READ OR WRITE THE ENGLISH  LANGUAGE  AT  A
LEVEL THAT PERMITS EFFECTIVE INTERACTION WITH AN AGENCY;
  4. "STATE 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.
  S  281.  LIMITED-ENGLISH  PROFICIENCY  REQUIREMENTS  FOR CERTAIN STATE
AGENCIES. 1. EVERY STATE AGENCY THAT PROVIDES DIRECT PUBLIC SERVICES  IN
CITIES  WITH A POPULATION OF ONE MILLION OR MORE SHALL ENSURE MEANINGFUL
ACCESS TO SUCH SERVICES BY TAKING REASONABLE STEPS TO DEVELOP AND IMPLE-
MENT AGENCY-SPECIFIC LANGUAGE ASSISTANCE PLANS REGARDING LIMITED-ENGLISH
PROFICIENT PERSONS.
  2. EVERY STATE AGENCY PROVIDING DIRECT PUBLIC SERVICES IN A CITY  WITH
A POPULATION OF ONE MILLION OR MORE SHALL:
  (A)  DESIGNATE A LANGUAGE ACCESS COORDINATOR WITHIN FORTY-FIVE DAYS OF
THE EFFECTIVE DATE OF THIS SECTION TO OVERSEE THE CREATION AND EXECUTION
OF AN AGENCY-SPECIFIC INTERNAL LANGUAGE ACCESS POLICY AND IMPLEMENTATION
PLAN;
  (B) DEVELOP SUCH LANGUAGE ACCESS POLICIES AND IMPLEMENTATION PLANS  BY
JANUARY  FIRST,  TWO  THOUSAND  TWELVE.  SUCH PLAN SHALL BE DEVELOPED BY
ASSESSING THE FOLLOWING FOUR FACTORS:
  (I) THE NUMBER OR PROPORTION OF LIMITED-ENGLISH PROFICIENT PERSONS  IN
THE ELIGIBLE SERVICE POPULATION;
  (II)  THE FREQUENCY WITH WHICH LIMITED-ENGLISH PROFICIENT PERSONS COME
INTO CONTACT WITH THE AGENCY;
  (III) THE IMPORTANCE OF THE BENEFIT, SERVICE, INFORMATION OR ENCOUNTER
TO THE LIMITED-ENGLISH PROFICIENT PERSONS, INCLUDING THE CONSEQUENCES OF
LACK OF LANGUAGE SERVICES OR INADEQUATE INTERPRETATION  OR  TRANSLATION;
AND
  (IV)  THE RESOURCES AVAILABLE TO THE AGENCY AND THE COSTS OF PROVIDING
VARIOUS TYPES OF LANGUAGE SERVICES;
  (C) PROVIDE SERVICES IN LANGUAGES  BASED  ON  AT  LEAST  THE  TOP  SIX
LANGUAGES  SPOKEN  BY  THE LIMITED-ENGLISH PROFICIENCY POPULATION OF THE
CITY WITH A POPULATION OF ONE MILLION OR MORE, AS  THOSE  LANGUAGES  ARE
RELEVANT TO SERVICES OFFERED BY EACH AGENCY;
  (D)  ENSURE  THAT  THE  LANGUAGE ACCESS POLICY AND IMPLEMENTATION PLAN
INCLUDES THE FOLLOWING ELEMENTS FOR LIMITED-ENGLISH PROFICIENT PERSONS:
  (I) IDENTIFICATION  AND  TRANSLATION  OF  ESSENTIAL  PUBLIC  DOCUMENTS
PROVIDED TO OR COMPLETED BY PROGRAM BENEFICIARIES AND/OR PARTICIPANTS;
  (II)  INTERPRETATION  SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE
OF TELEPHONIC INTERPRETATION SERVICES FOR  THE  TOP  SIX  LANGUAGES,  AS
DETERMINED  PURSUANT  TO PARAGRAPH (C) OF THIS SUBDIVISION AND OTHERS AS
APPROPRIATE;
  (III) TRAINING OF FRONTLINE WORKERS AND MANAGERS  ON  LANGUAGE  ACCESS
POLICIES AND PROCEDURES;
  (IV) POSTING OF SIGNAGE IN CONSPICUOUS LOCATIONS ABOUT THE AVAILABILI-
TY OF FREE INTERPRETATION SERVICES;
  (V)  ESTABLISHMENT OF AN APPROPRIATE MONITORING AND MEASUREMENT SYSTEM
REGARDING THE PROVISION OF AGENCY LANGUAGE SERVICES; AND
  (VI) CREATION OF APPROPRIATE PUBLIC AWARENESS STRATEGIES FOR THE AGEN-
CIES' SERVICES POPULATIONS.
  S 4. This act shall take effect immediately.