Ensures language assistance services by state agencies and requires state agencies to maintain records and to submit an annual report on language services

Title of bill

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

Purpose

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 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'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.

Section 2 requires all state agencies to provide written notice as to the availability of language assistance services, including oral interpretation 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.

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 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.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect one hundred eighty days after it shall become law.