S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1222
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced by M. of A. ROZIC, KAVANAGH -- Multi-Sponsored by -- M. of A.
   McDONOUGH  --  read once and referred to the Committee on Governmental
   Employees
 
 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:
   §  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.
              

                                                            LBD00430-01-7

 A. 1222                             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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.