NY State Senate Bill 2017-S8635

Senate Bill S8635

2017-2018 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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
May 10, 2018	referred to civil service and pensions

2017-S8635 (ACTIVE) - Details

See Assembly Version of this Bill:: A1222
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §55-d, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10866
2011-2012: A7075
2013-2014: A1971
2015-2016: A245
2019-2020: S1753, A2181
2021-2022: S3015
2023-2024: S3321

2017-S8635 (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.

2017-S8635 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8635

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the civil service law, in relation to language assist-
ance services by state agencies

 
PURPOSE:

This legislation would ensure that limited English-proficient New York-
ers have access to services provided by state agencies through the
provision of interpreters and translated material.

 
SUMMARY OF PROVISIONS:

Section I of the bill amends the civil service law by adding section
55-d, which provides the following:

* 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's 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.

* Requires all state agencies to provide written notice as to the avail-
ability of language assistance services which includes oral interpreta-
tion and translations of forms and other materials. This notice shall
also be posted in conspicuous agency locations open for public business,
in all primary languages.

* Requires that all state agencies maintain a record of the primary
languages spoken by any individual seeking or receiving language assist-
ance services at such agency.

* Requires all state agencies to submit an annual report assessing its
compliance with the requirements of this section.

* Requires all state agencies to maintain a record of the foreign
language primarily spoken by any individual seeking language assistance.

* 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.

* Directs the president to 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.

* Defines terms in the section.

Section II of the bill sets forth 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 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 regu-
lations.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPACT ON THE STATE:

To be determined.

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

2017-S8635 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8635
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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:
   § 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00430-01-7

 S. 8635                             2

 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.

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