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

BILL NUMBER:S2913

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 communi- cation with agency personnel have effective access to the agency's Primary 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.

Subsection 2: requires all agencies to provide written notice as to the availability of language assistance services, including oral interpreta- tion and translations of forms and other materials. This notice shall also be posted in conspicuous agency locations open fox public business, in all primary languages.

Subsection 3: requires that all agencies maintain a record of the prima- ry languages spoken by any individual seeking or receiving language assistance services at such agency.

Subsection 4a: requires all agencies to submit an annual report assess- ing its compliance with the requirements of this section.

Subsection 4b: requires all agencies to maintain a record of the foreign language primarily spoken by any individual seeking language assistance.

Subsection 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.

Subsection 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 determin- ing primary languages.

Subsection 6: Definitions.

Section 2: This act shall take effect on the 180th day after it shall have become law.

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 bene- fits 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 discriminat- ing 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.

Legislative history

2011-2012: S.1485 - Referred to Civil Service and Pensions 2010: S.7292 Referred to Civil Service and Pensions

Fiscal implications

To be determined.

Effective date

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