NY State Senate Bill 2011-S4439

Senate Bill S4439

2011-2012 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 Rules 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	committee discharged and committed to rules
Mar 08, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to civil service and pensions
Apr 05, 2011	referred to civil service and pensions

2011-S4439 (ACTIVE) - Details

See Assembly Version of this Bill:: A7075
Current Committee:: Senate Rules
Law Section:: Civil Service Law
Laws Affected:: Add §55-d, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7397, A10866
2013-2014: A1971
2015-2016: A245
2017-2018: A1222
2019-2020: A2181

2011-S4439 (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.

2011-S4439 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4439              REVISED 01/12/12

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

PURPOSE OR GENERAL IDEA OF BILL:
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 SPECIFIC 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 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 state agencies to provide written notice as to
the availability of language assistance services, including oral
interpretation and transactions 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 state 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 state agencies to submit an annual report
assessing its compliance with the requirements of this section.

Section 4b: Requires all state 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.

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.

PRIOR LEGISLATIVE HISTORY:
2007-08: A.1684 06/03/08 - Reported Referred to Ways & Means

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect one hundred twentieth day after it shall
become law.

2011-S4439 (ACTIVE) - Bill Text download pdf

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

                                  4439

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 5, 2011
                               ___________

Introduced  by  Sen. PERALTA -- 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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01325-02-1

S. 4439                             2

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
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.

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