Enacts the "language barrier elimination act" to provide translations to the limited English proficient in connection with certain services

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

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law.