What's happening
This bill requires state agencies to provide interpretation and translation services for people with limited English.
Why it matters
Statewide access. Agencies must offer language assistance at every public-facing location, in person when practicable. The judiciary and state legislature are excluded.
Translated materials. Agencies must translate frequently used forms and essential written materials into primary languages, defined by public-use or service-area population thresholds.
Agency accountability. A uniform assistance plan would require staff training and documentation of services provided or refused. Agencies must track language needs and report annually, with a statewide compliance report due March 1.
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Who cares
People with limited English proficiency
They would receive language assistance to access state agency programs and services.
State agencies and public-facing staff
They would need to arrange interpretation, translate essential materials, post notices and document language needs.
Department of Civil Service
It would compile agency findings and submit an annual compliance report to the governor and legislature.
Interpreters and translators
Agencies could use qualified interpreters, volunteers or existing personnel with sufficient fluency to deliver assistance.
Headline styles
Require State Agency Language Assistance
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Reported and committed to finance
- Referred to civil service and pensions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4153
2019-2020 Regular Sessions
IN SENATE
March 1, 2019
Introduced by Sen. PARKER -- 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 assistance services by state agencies
The People of the State of New York, represented in Senate and Assembly, 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 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 agency shall ensure that all individuals providing language assistance services to limited English proficient individuals 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 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 providing language assistance services
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10395-01-9
S. 4153 2
may be a qualified interpreter, voluntary worker or other personnel currently employed by the agency.
2. All agencies shall provide written notice as to the availability of language assistance services, including oral interpretation 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 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 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 agencies shall maintain a record of the foreign language primarily spoken by any individual seeking or receiving language assistance 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 legislature, 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 individual agency report submissions as required in this 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.
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 communication 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) "agency" means any state department, board, bureau, division, commission, committee, council, office or other governmental entity performing a governmental or proprietary function for the state, except for the judiciary or the state legislature.
(c) "language assistance services" means interpretation and translation services either orally or in writing.
(d) "limited English proficient individual" means a person who identifies 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 agency.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 York- ers 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 for ms, and other written materials that are essential to access agency services shall be available in all of the agency's primary languages.
Read the full memo (606 words)
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 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.
Legislative history
2017-18:S 2438- REFERREDTOCIVILSERVICE ANDPENSIONS 2015-16:5.1570- Referred to Civil Service and Pensions 2013-14:S.2913- Referred to Civil Service and Pensions 2011-12:S.1485-'Referred to Civil Service and Pensions 2009-10: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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.