BILL NUMBER: S4737
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the civil service law, in relation to language assist-
ance 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 of the bill amends the civil service law by adding section
55-d, which provides the following:
* 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.
*Requires all state agencies to provide written notice as to the avail-
ability of language assistance services which includes oral interpreta-
tion 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.
*Requires that all state agencies maintain a record of the primary
languages spoken by any Individual seeking or receiving language assist-
ance services at such agency.
*Requires all state agencies to submit an annual report assessing its
compliance with the requirements of this section.
*Requires all state agencies to maintain a record of the foreign
language primarily spoken by any individual seeking language assistance.
*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.
*Directs the president to 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.
*Defines terms in the section.
Section 2 of the bill sets forth 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 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:
S.3321 of 2023-2024; Referred to Civil Services and Pensions;
S. 3015 of of2021-22: Referred to Civil Service and Pensions;
S.1753 of 2019-20: Referred to Civil Service and Pensions;
S.8635 of 2018: Referred to Civil Service and Pensions;
A.2222 of 2017: Referred to Civil Service and Pensions
A.0245 of 2015-16: Referred to Civil Service and Pensions;
A.1971 of 2013-14: Referred to Civil Service and Pensions;
S.4439 of 2011-21: Referred to Civil Service and Pensions
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect one hundred twentieth day after it shall have
become a law.