Bill Text: NY A05882 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts the bilingual services act to provide for effective communication between all levels of government and the people of this state who are precluded from utilizing public services because of language barriers.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A05882 Detail]
Download: New_York-2015-A05882-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5882 2015-2016 Regular Sessions I N A S S E M B L Y March 5, 2015 ___________ Introduced by M. of A. ORTIZ, COOK -- Multi-Sponsored by -- M. of A. ROBINSON -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to bilingual services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "bilingual 2 services act". 3 S 2. Legislative intent. The legislature hereby finds and declares 4 that the effective maintenance and development of a free and democratic 5 society depends on the right and ability of its citizens and residents 6 to communicate with their government and the right and ability of the 7 government to communicate with them. 8 The legislature further finds and declares that substantial numbers of 9 persons who live, work and pay taxes in this state are unable, either 10 because they do not speak or write English at all, or because their 11 primary language is other than English, to effectively communicate with 12 their government. The legislature further finds and declares that state 13 and local agency employees frequently are unable to communicate with 14 persons requiring their services because of this language barrier. As a 15 consequence, substantial numbers of persons presently are being denied 16 rights and benefits to which they would otherwise be entitled. 17 It is the intent of the legislature in enacting this legislation to 18 provide for effective communication between all levels of government in 19 this state and the people of this state who are precluded from utilizing 20 public services because of language barriers. 21 S 3. The executive law is amended by adding a new article 19-E to read 22 as follows: 23 ARTICLE 19-E 24 BILINGUAL SERVICES 25 SECTION 460. DEFINITIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04601-01-5 A. 5882 2 1 461. EMPLOYMENT OF BILINGUAL PERSONS. 2 462. IMPLEMENTATION. 3 463. TRANSLATION OF MATERIALS EXPLAINING SERVICES AVAILABLE. 4 464. DISTRIBUTION OF WRITTEN MATERIALS IN NON-ENGLISH LANGUAGE 5 BY STATE AGENCY. 6 465. EXCLUSIONS. 7 466. FUNDING. 8 467. TELEPHONE BASED INTERPRETATION SERVICES. 9 468. SURVEY. 10 469. EXEMPTIONS. 11 470. ESTABLISHMENT OF BILINGUAL POSITIONS. 12 S 460. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS A DIFFERENT MEAN- 13 ING IS CLEARLY REQUIRED BY THE CONTEXT: 14 1. "BILINGUAL PERSON" MEANS A PERSON WHO IS PROFICIENT IN BOTH THE 15 ENGLISH LANGUAGE AND THE FOREIGN LANGUAGE TO BE USED. 16 2. "SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING PEOPLE" MEANS MEMBERS 17 OF A GROUP WHO EITHER DO NOT SPEAK ENGLISH, OR WHO ARE UNABLE TO EFFEC- 18 TIVELY COMMUNICATE IN ENGLISH BECAUSE IT IS NOT THEIR NATIVE LANGUAGE, 19 AND WHO COMPRISE FIVE PERCENT OR MORE OF THE PEOPLE SERVED BY ANY LOCAL 20 OFFICE OR FACILITY OF A STATE AGENCY. 21 3. "SUFFICIENT NUMBER OF QUALIFIED BILINGUAL PERSONS IN PUBLIC CONTACT 22 POSITIONS" MEANS THE NUMBER REQUIRED TO PROVIDE THE SAME LEVEL OF 23 SERVICES TO NON-ENGLISH SPEAKING PERSONS AS IS AVAILABLE TO ENGLISH 24 SPEAKING PERSONS SEEKING SUCH SERVICES; PROVIDED, HOWEVER, THAT WHERE 25 THE LOCAL OFFICE OR FACILITY OF THE STATE EMPLOYS THE EQUIVALENT OF 26 TWENTY-FIVE OR FEWER REGULAR, FULL-TIME EMPLOYEES, IT SHALL CONSTITUTE 27 COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE IF A SUFFICIENT NUMBER 28 OF QUALIFIED BILINGUAL PERSONS ARE EMPLOYED IN PUBLIC CONTACT POSITIONS, 29 OR AS INTERPRETERS TO ASSIST THOSE IN SUCH POSITIONS, TO PROVIDE THE 30 SAME LEVEL OF SERVICES TO NON-ENGLISH SPEAKING PERSONS AS IS AVAILABLE 31 TO ENGLISH SPEAKING PERSONS SEEKING SUCH SERVICES FROM SUCH OFFICE OR 32 FACILITY. 33 4. "PUBLIC CONTACT POSITION" MEANS A POSITION DETERMINED BY THE AGENCY 34 TO BE ONE WHICH EMPHASIZES THE ABILITY TO MEET, CONTACT AND DEAL WITH 35 THE PUBLIC IN THE PERFORMANCE OF THE AGENCY'S FUNCTIONS. 36 S 461. EMPLOYMENT OF BILINGUAL PERSONS. 1. EVERY STATE AGENCY, AS 37 DEFINED IN SECTION ONE HUNDRED FORTY-FIVE OF THIS CHAPTER, DIRECTLY 38 INVOLVED IN THE FURNISHING OF INFORMATION OR THE RENDERING OF SERVICES 39 TO THE PUBLIC WHEREBY CONTACT IS MADE WITH A SUBSTANTIAL NUMBER OF NON- 40 ENGLISH SPEAKING PEOPLE, SHALL EMPLOY A SUFFICIENT NUMBER OF QUALIFIED 41 BILINGUAL PERSONS IN PUBLIC CONTACT POSITIONS TO ENSURE PROVISION OF 42 INFORMATION AND SERVICES TO THE PUBLIC, IN THE LANGUAGE OF THE NON-ENGL- 43 ISH SPEAKING PERSONS. 44 2. EVERY LOCAL PUBLIC AGENCY, AS DEFINED IN SECTION FOUR HUNDRED ONE 45 OF THIS CHAPTER, SERVING A SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING 46 PEOPLE, SHALL EMPLOY A SUFFICIENT NUMBER OF QUALIFIED BILINGUAL PERSONS 47 IN PUBLIC CONTACT POSITIONS OR AS INTERPRETERS TO ASSIST THOSE IN SUCH 48 POSITIONS, TO ENSURE PROVISION OF INFORMATION AND SERVICES IN THE 49 LANGUAGE OF THE NON-ENGLISH SPEAKING PERSONS. THE DETERMINATION OF WHAT 50 CONSTITUTES A SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING PEOPLE AND A 51 SUFFICIENT NUMBER OF QUALIFIED BILINGUAL PERSONS SHALL BE MADE BY THE 52 LOCAL AGENCY. 53 S 462. IMPLEMENTATION. AN EMPLOYEE OF A STATE OR LOCAL PUBLIC AGENCY, 54 AS THOSE TERMS ARE USED IN SECTION FOUR HUNDRED SIXTY-ONE OF THIS ARTI- 55 CLE, MAY NOT BE DISMISSED TO CARRY OUT THE PURPOSES OF THIS ARTICLE. A 56 STATE OR LOCAL PUBLIC AGENCY NEED ONLY IMPLEMENT THIS ARTICLE BY FILLING A. 5882 3 1 EMPLOYEE PUBLIC CONTACT POSITIONS MADE VACANT BY RETIREMENT OR NORMAL 2 ATTRITION. 3 S 463. TRANSLATION OF MATERIALS EXPLAINING SERVICES AVAILABLE. 1. ANY 4 MATERIALS EXPLAINING SERVICES AVAILABLE SHALL BE TRANSLATED INTO ANY 5 NON-ENGLISH LANGUAGE SPOKEN BY A SUBSTANTIAL NUMBER OF THE PUBLIC SERVED 6 BY THE AGENCY. WHENEVER NOTICE OF THE AVAILABILITY OF MATERIALS EXPLAIN- 7 ING SERVICES AVAILABLE IS GIVEN, ORALLY OR IN WRITING, IT SHALL BE GIVEN 8 IN ENGLISH AND IN THE NON-ENGLISH LANGUAGE INTO WHICH ANY MATERIALS HAVE 9 BEEN TRANSLATED. THE DETERMINATION OF WHEN THOSE MATERIALS ARE NECESSARY 10 WHEN DEALING WITH LOCAL AGENCIES SHALL BE LEFT TO THE DISCRETION OF THE 11 LOCAL AGENCY. 12 2. EVERY STATE AGENCY WHICH SERVES A SUBSTANTIAL NUMBER OF NON-ENGLISH 13 SPEAKING PEOPLE AND WHICH PROVIDES MATERIALS IN ENGLISH EXPLAINING 14 SERVICES SHALL ALSO PROVIDE THE SAME TYPE OF MATERIALS IN ANY NON-ENGL- 15 ISH LANGUAGE SPOKEN BY A SUBSTANTIAL NUMBER OF THE PUBLIC SERVED BY THE 16 AGENCY. WHENEVER NOTICE OF THE AVAILABILITY OF MATERIALS EXPLAINING 17 SERVICES AVAILABLE IS GIVEN, ORALLY OR IN WRITING, IT SHALL BE GIVEN IN 18 ENGLISH AND IN THE NON-ENGLISH LANGUAGE INTO WHICH ANY MATERIALS HAVE 19 BEEN TRANSLATED. THIS SUBDIVISION SHALL NOT BE INTERPRETED TO REQUIRE 20 VERBATIM TRANSLATIONS OF ANY MATERIALS PROVIDED IN ENGLISH BY A STATE 21 AGENCY. 22 S 464. DISTRIBUTION OF WRITTEN MATERIALS IN NON-ENGLISH LANGUAGE BY 23 STATE AGENCY. WHENEVER A STATE AGENCY FINDS THAT THE FACTORS LISTED IN 24 SUBDIVISIONS ONE AND THREE OR TWO AND THREE OF THIS SECTION EXIST, IT 25 SHALL DISTRIBUTE THE APPLICABLE WRITTEN MATERIALS IN THE APPROPRIATE 26 NON-ENGLISH LANGUAGE THROUGH ITS LOCAL OFFICES OR FACILITIES TO 27 NON-ENGLISH SPEAKING PERSONS, OR, AS AN ALTERNATIVE, THE STATE AGENCY 28 MAY INSTEAD ELECT TO FURNISH TRANSLATION AIDS, TRANSLATION GUIDES, OR 29 PROVIDE ASSISTANCE AT SUCH LOCAL OFFICES IN COMPLETING ENGLISH FORMS OR 30 QUESTIONNAIRES AND IN UNDERSTANDING ENGLISH FORMS, LETTERS OR NOTICES. 31 1. THE WRITTEN MATERIALS, WHETHER FORMS, APPLICATIONS, QUESTIONNAIRES, 32 LETTERS OR NOTICES, SOLICIT OR REQUIRE THE FURNISHING OF INFORMATION 33 FROM AN INDIVIDUAL OR PROVIDE THAT INDIVIDUAL WITH INFORMATION. 34 2. THE INFORMATION SOLICITED, REQUIRED OR FURNISHED AFFECTS OR MAY 35 AFFECT THE INDIVIDUAL'S RIGHTS, DUTIES OR PRIVILEGES WITH REGARD TO THAT 36 AGENCY'S SERVICES OR BENEFITS. 37 3. THE LOCAL OFFICE OR FACILITY OF THE AGENCY WITH WHICH THE INDIVID- 38 UAL IS DEALING, SERVES A SUBSTANTIAL NUMBER OF NON-ENGLISH SPEAKING 39 PERSONS. 40 S 465. EXCLUSIONS. THE PROVISIONS OF THIS ARTICLE ARE NOT APPLICABLE 41 TO SCHOOL DISTRICTS, BOARDS OF EDUCATION OR THE OFFICE OF A SUPERINTEN- 42 DENT OF SCHOOLS. 43 S 466. FUNDING. THE PROVISIONS OF THIS ARTICLE SHALL BE IMPLEMENTED TO 44 THE EXTENT THAT LOCAL, STATE OR FEDERAL FUNDS ARE AVAILABLE, AND TO THE 45 EXTENT PERMISSIBLE UNDER FEDERAL LAW AND THE PROVISIONS OF THE CIVIL 46 SERVICE LAW GOVERNING STATE AND LOCAL AGENCIES. 47 S 467. TELEPHONE BASED INTERPRETATION SERVICES. STATE AGENCIES MAY, 48 UTILIZING EXISTING FUNDS, CONTRACT FOR TELEPHONE BASED INTERPRETATION 49 SERVICES IN ADDITION TO EMPLOYING BILINGUAL PERSONS IN PUBLIC CONTACT 50 POSITIONS. 51 S 468. SURVEY. 1. EACH STATE AGENCY SHALL CONDUCT A SURVEY OF EACH OF 52 ITS LOCAL OFFICES EVERY TWO YEARS TO DETERMINE ALL OF THE FOLLOWING: 53 (A) THE NUMBER OF PUBLIC CONTACT POSITIONS IN EACH LOCAL OFFICE. 54 (B) THE NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS, AND 55 THE LANGUAGES THEY SPEAK, OTHER THAN ENGLISH. A. 5882 4 1 (C) THE NUMBER AND PERCENTAGE OF NON-ENGLISH SPEAKING PEOPLE SERVED BY 2 EACH LOCAL OFFICE, BROKEN DOWN BY NATIVE LANGUAGE. 3 (D) THE NUMBER OF ANTICIPATED VACANCIES IN PUBLIC CONTACT POSITIONS. 4 (E) WHETHER THE USE OF CONTRACTED TELEPHONE BASED INTERPRETATION 5 SERVICES IN ADDITION TO BILINGUAL PERSONS IN PUBLIC CONTACT POSITIONS IS 6 SERVING THE LANGUAGE NEEDS OF THE PEOPLE SERVED BY THE AGENCY. 7 (F) EACH AGENCY SHALL CALCULATE THE PERCENTAGE OF NON-ENGLISH SPEAKING 8 PEOPLE SERVED BY EACH LOCAL OFFICE BY ROUNDING THE PERCENTAGE ARRIVED AT 9 TO THE NEAREST WHOLE PERCENTAGE POINT. 10 2. THE SURVEY RESULTS SHALL BE REPORTED ON FORMS PROVIDED BY THE STATE 11 DIVISION OF HUMAN RIGHTS, AND DELIVERED TO THE DIVISION NOT LATER THAN 12 MARCH THIRTY-FIRST OF EVERY EVEN-NUMBERED YEAR BEGINNING WITH TWO THOU- 13 SAND SIXTEEN. 14 3. THE RESULTS OF THE SURVEY SHALL BE COMPILED BY THE STATE DIVISION 15 OF HUMAN RIGHTS AND PROVIDED IN A REPORT TO BOTH HOUSES OF THE LEGISLA- 16 TURE EVERY TWO YEARS. 17 S 469. EXEMPTIONS. 1. THE STATE DIVISION OF HUMAN RIGHTS MAY EXEMPT 18 STATE AGENCIES FROM THE REQUIREMENTS OF SECTION FOUR HUNDRED SIXTY-EIGHT 19 OF THIS ARTICLE WHERE THE DIVISION DETERMINES THAT ANY OF THE FOLLOWING 20 CONDITIONS APPLY: 21 (A) THE AGENCY DOES NOT FURNISH INFORMATION OR RENDER SERVICES TO THE 22 PUBLIC. 23 (B) THE AGENCY HAS CONSISTENTLY RECEIVED SUCH LIMITED PUBLIC CONTACT 24 WITH THE NON-ENGLISH SPEAKING PUBLIC THAT IT HAS NOT BEEN REQUIRED TO 25 EMPLOY BILINGUAL STAFF UNDER SECTION FOUR HUNDRED SIXTY-ONE OF THIS 26 ARTICLE. 27 2. IN ORDER TO RECEIVE AN EXEMPTION, EACH STATE AGENCY MUST ANNUALLY 28 PETITION THE STATE DIVISION OF HUMAN RIGHTS FOR THE EXEMPTION AND 29 RECEIVE APPROVAL IN WRITING. AN AGENCY MAY NOT RECEIVE AN EXEMPTION FOR 30 MORE THAN THREE CONSECUTIVE YEARS. 31 S 470. ESTABLISHMENT OF BILINGUAL POSITIONS. THE PROVISIONS OF THIS 32 ARTICLE ARE NOT INTENDED TO PROHIBIT THE ESTABLISHMENT OF BILINGUAL 33 POSITIONS, OR PRINTING OF MATERIALS, OR USE OF INTERPRETERS, WHERE LESS 34 THAN FIVE PERCENT OF THE PEOPLE SERVED DO NOT SPEAK ENGLISH OR ARE 35 UNABLE TO COMMUNICATE EFFECTIVELY, AS DETERMINED APPROPRIATE BY THE 36 STATE OR LOCAL AGENCY. THIS ARTICLE IS NOT INTENDED TO REQUIRE THAT ALL 37 PUBLIC CONTACT POSITIONS BE FILLED WITH BILINGUAL PERSONS. 38 S 4. This act shall take effect January 1, 2016.