NY State Senate Bill 2017-S2339

Senate Bill S2339

2017-2018 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 03, 2018	referred to finance
Jan 13, 2017	referred to finance

co-Sponsors

2017-S2339 (ACTIVE) - Details

See Assembly Version of this Bill:: A1221
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
2011-2012: S1869, A6428
2013-2014: S1712, A1970
2015-2016: S3715, A292
2019-2020: S3340, A2061
2021-2022: S4874
2023-2024: S4574

2017-S2339 (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.

2017-S2339 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S 2339

 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
2015-2016: 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.

2017-S2339 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2339
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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.

                                                            LBD00871-01-7

 S. 2339                             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.
   § 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.
   § 275. SHORT TITLE.  THIS ACT SHALL BE KNOWN AND MAY BE CITED  AS  THE
 "LANGUAGE BARRIER ELIMINATION ACT".
   §  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. 2339                             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.
   § 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.
   §  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. 2339                             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.
   §  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.
   §  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.
   § 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 TWENTY-

 S. 2339                             5
 
 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.
   § 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.
   § 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.
   § 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. 2339                             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.
   § 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.
   § 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.
   § 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.
   §  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.
   § 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 S2339

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Marisol Alcantara