[§371-33]  Oral and written language
services.  (a)  Each state agency and all covered entities shall
take reasonable steps to ensure meaningful access to services, programs, and
activities by limited English proficient persons, which will be determined by a
totality of circumstances, including the following factors:



(1)  The number or proportion of limited English
proficient persons served or encountered in the eligible service population;



(2)  The frequency with which limited English
proficient persons come in contact with the services, programs, or activities;



(3)  The nature and importance of the services,
programs, or activities; and



(4)  The resources available to the State or covered
entity and the costs.



(b)  Subject to subsection (a), each state agency
and covered entity shall provide competent, timely oral language services to
limited English proficient persons who seek to access services, programs, or
activities.



(c)  Subject to subsection (a), each state
agency and covered entity shall provide written translations of vital documents
to limited English proficient persons who seek to access services, programs, or
activities, as follows:



(1)  Written translations of vital documents for each
eligible limited English proficient group that constitutes five per cent or one
thousand, whichever is less, of the population of persons eligible to be served
or likely to be affected or encountered; or



(2)  If there are fewer than fifty persons in a
limited English proficient group that reaches the five per cent threshold in
paragraph (1), written notice in the primary language to the limited English
proficient language group of the right to receive competent oral interpretation
of those written materials, free of cost.



(d)  To the extent that the State requires
additional personnel to provide language services based on the determination
set forth in this section, the State shall hire qualified personnel who are
bilingual to fill existing, budgeted vacant public contact positions. [L 2006,
c 290, pt of §1]