Amd §202-a, Exec L; add Art 9 Title 13 §§2988 & 2988-a, Pub Auth L; add Art 24-A §§950 & 951, County L
 
Requires certain documents and forms to be provided in the twelve most common non-English languages spoken by limited English proficient immigrants of five years or less according to the American community survey, as published by the United States census bureau.
STATE OF NEW YORK
________________________________________________________________________
3381--A
2023-2024 Regular Sessions
IN SENATE
January 31, 2023
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, the public authorities law and the
county law, in relation to requiring certain documents and forms to be
provided in multiple languages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 202-a of the executive law, as
2 added by section 1 of part GG of chapter 56 of the laws of 2022, is
3 amended to read as follows:
4 1. (a) Each state agency that provides direct public services in New
5 York state shall translate all vital documents relevant to services
6 offered by the agency, including essential public documents such as
7 forms and instructions provided to or completed by program beneficiaries
8 or participants, into the twelve most common non-English languages
9 spoken by limited-English proficient individuals in the state who
10 arrived within the last five years, based on the data in the most recent
11 American Community Survey published by United States Census Bureau,
12 including but not limited to data collected by public schools, local
13 interpreting agencies, federal refugee resettlement programs, and state
14 agencies. [Agencies subject to this section, in their discretion, may
15 offer up to four additional languages beyond the twelve most common
16 languages. Such additional languages shall be decided by the state
17 agency in consultation with the office of general services and approved
18 by the office of general services based on the number of limited-English
19 proficient immigrants of five years or less in New York state in need of
20 language translation services according to the American Community
21 Survey, including the growth of recent arrival populations in the
22 geographic regions in which the agency's services are offered, the popu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02785-03-3
S. 3381--A 2
1 lation of limited-English proficient individuals served by the agency,
2 feedback from impacted community or advocacy groups, and any other rele-
3 vant data published by the United States Census Bureau.]
4 (b) Each agency shall additionally make such translations available
5 within each region of the state, as established by article eleven of the
6 economic development law, in the three most common non-English languages
7 which are spoken in that region and are not already included among the
8 twelve languages specified in paragraph (a) of this subdivision. Such
9 additional languages shall be decided by the state agency in consulta-
10 tion with the office of general services and approved by the office of
11 general services based on the number of limited-English proficient immi-
12 grants who have arrived in New York state within the last five years,
13 according to the United States census bureau and American community
14 survey, including the growth of recent arrival populations in the
15 geographic regions in which the agency's services are offered, the popu-
16 lation of limited-English proficient individuals served by the agency,
17 feedback from impacted community or advocacy groups, and any data
18 collected from the sources listed in paragraph (a) of this subdivision.
19 (c) The list of most common languages shall be updated every two
20 years, based on the most recent data collected by the United States
21 census bureau and American community survey, including but not limited
22 to the data sources listed in paragraph (a) of this subdivision.
23 (d) Each agency shall provide competent and timely interpretation
24 services to individuals in their primary or preferred language with
25 respect to the provisions of services and benefits. This includes both
26 in-office services, and services provided outside of the department
27 office. Competent interpretation shall mean spoken or signed, real-time
28 communication in which the qualified human interpreter is fluent in both
29 the source and target language and is trained as an interpreter.
30 § 2. Subparagraphs (viii) and (ix) of paragraph (c) of subdivision 3
31 of section 202-a of the executive law, as added by section 1 of part GG
32 of chapter 56 of the laws of 2022, are amended and three new subpara-
33 graphs (x), (xi) and (xii) are added to read as follows:
34 (viii) an explanation as to how the agency determined it would provide
35 any additional language beyond the top twelve languages required by this
36 section; [and]
37 (ix) the identity of the agency's language access coordinator[.];
38 (x) accommodations for communication access shall be available upon
39 request including American sign language interpretation via an on-site
40 interpreter, video remote interpreter, or communication access real-time
41 translation for individuals who are deaf, hard of hearing or have hear-
42 ing loss;
43 (xi) a phone number or email address by which the public can lodge
44 complaints against the agency for noncompliance, such complaints shall
45 be kept for a minimum of two years; and
46 (xii) a process to make public the number of complaints during a
47 twelve month period against noncompliance and resolution to such
48 complaints.
49 § 3. Article 9 of the public authorities law is amended by adding a
50 new title 13 to read as follows:
51 TITLE 13
52 LANGUAGE ACCESS
53 Section 2988. Language access.
54 2988-a. Private right of action.
55 § 2988. Language access. 1. Each state authority that provides direct
56 public services shall translate vital documents, including essential
S. 3381--A 3
1 public documents such as forms and instructions provided to or completed
2 by program beneficiaries or participants. The translation shall be
3 available in the twelve most common non-English languages spoken by
4 limited English proficient immigrants in the state who arrived within
5 the last five years according to the American community survey, as
6 published by the United States census bureau.
7 2. Each such authority shall make such translations available within
8 each region of the state, as established by article eleven of the
9 economic development law, in the three most common non-English languages
10 which are spoken in that region by limited English proficient immigrants
11 who arrived within the last five years according to the American commu-
12 nity survey, as published by the United States census bureau, which are
13 not already included among the twelve languages specified in subdivision
14 one of this section.
15 3. The list of most common languages shall be updated no less than
16 every two years from the effective date of this section, based on the
17 most recent American community survey, as published by the United States
18 census bureau.
19 4. Each such authority shall provide interpretation services between
20 the agency and an individual in his or her primary language, including
21 American sign language, with respect to the provision of services or
22 benefits. This includes both in-office services, and services provided
23 outside of the agency office. This includes, but is not limited to, the
24 department of motor vehicles, and the administering of road tests.
25 5. Within ninety days of the effective date of this section, each such
26 authority shall publish a language access plan which reflects how the
27 authority will comply with the language access requirements pursuant to
28 this section, and shall set forth, at a minimum:
29 a. core communication principles with respect to people in the limited
30 English proficient community;
31 b. when and by what means the authority will provide or is already
32 providing language access services;
33 c. the titles of all available translated documents and the languages
34 into which they have been translated;
35 d. the number of public contact positions in the authority and the
36 number of bilingual employees in public contact positions including the
37 languages they speak;
38 e. a training plan for employees which includes, at a minimum, annual
39 training on the language access policies of the authority and how to
40 provide language assistance services;
41 f. a plan of how the authority intends to notify the population of
42 offered language assistance services;
43 g. a language access coordinator at the authority, who shall be
44 publicly identified;
45 h. accommodations for communication access shall be available upon
46 request including American sign language interpretation via an on-site
47 interpreter, video remote interpreter, or communication access real-time
48 translation for individuals who are deaf, hard of hearing or have hear-
49 ing loss;
50 i. a phone number or email address by which the public can lodge
51 complaints against the agency for noncompliance. Such complaints shall
52 be kept for a minimum of two years; and
53 j. make public the number of complaints during a twelve month period
54 against noncompliance and resolutions to such complaints.
55 § 2988-a. Private right of action. Any person injured by noncompliance
56 with the provisions of this title may bring an action to recover actual
S. 3381--A 4
1 damages suffered. In any action brought under this section, the court
2 may award reasonable attorney's fees to a prevailing plaintiff.
3 § 4. The county law is amended by adding a new article 24-A to read as
4 follows:
5 ARTICLE 24-A
6 LANGUAGE ACCESS
7 Section 950. Language access.
8 951. Private right of action.
9 § 950. Language access. 1. Every political entity of a county that
10 provides direct public services shall translate vital documents, includ-
11 ing essential public documents such as forms and instructions provided
12 to or completed by program beneficiaries or participants. The trans-
13 lation shall be available in the twelve most common non-English
14 languages spoken by limited English proficient immigrants in the state
15 who arrived within the last five years according to the American commu-
16 nity survey, as published by the United States census bureau.
17 2. Each such political entity of a county shall make such translations
18 available within each region of the state, as established by article
19 eleven of the economic development law, in the three most common non-
20 English languages which are spoken in that region by limited English
21 proficient immigrants who arrived within the last five years according
22 to the American community survey, as published by the United States
23 census bureau, which are not already included among the twelve languages
24 specified in subdivision one of this section.
25 3. Notwithstanding the provisions of subdivision one of this section,
26 a county may add additional languages as necessary to accommodate local
27 variances from statewide languages, provided such languages are added
28 after public notice and opportunity to comment.
29 4. The list of most common languages shall be updated no less than
30 every two years from the effective date of this section, based on the
31 most recent American community survey, as published by the United States
32 census bureau, and any additional languages such county shall choose to
33 select.
34 5. Each such political entity of a county shall provide interpretation
35 services between the entity and an individual in his or her primary
36 language with respect to the provision of services or benefits.
37 6. Within ninety days of the effective date of this section, each such
38 political entity of a county shall publish a language access plan which
39 reflects how the political entity will comply with the language access
40 requirements pursuant to this section, and shall set forth, at a mini-
41 mum:
42 (a) core communication principles with respect to people in the limit-
43 ed English proficient community;
44 (b) when and by what means the political entity shall provide or is
45 already providing language access services;
46 (c) the titles of all available translated documents and the languages
47 into which they have been translated;
48 (d) the number of public contact positions in the political entity and
49 the number of bilingual employees in public contact positions including
50 the languages they speak;
51 (e) a training plan for employees of the political entity, which
52 includes, at a minimum, annual training on the language access policies
53 of the political entity and how to provide language assistance services;
54 (f) a plan of how the political entity intends to notify the popu-
55 lation of offered language assistance services;
S. 3381--A 5
1 (g) a language access coordinator at the political entity, who shall
2 be publicly identified;
3 (h) accommodations for communication access shall be available upon
4 request including American sign language interpretation via an on-site
5 interpreter, video remote interpreter, or communication access real-time
6 translation for individuals who are deaf, hard of hearing or have hear-
7 ing loss;
8 (i) a phone number or email address by which the public can lodge
9 complaints against the political entity for noncompliance. Such
10 complaints shall be kept for a minimum of two years; and
11 (j) make public the number of complaints during a twelve month period
12 against noncompliance and resolutions to such complaints.
13 § 951. Private right of action. Any person injured by noncompliance
14 with the provisions of this article may bring an action to recover actu-
15 al damages suffered. In any action brought under this section, the court
16 may award reasonable attorney's fees to a prevailing plaintiff.
17 § 5. This act shall take effect immediately.