Bill Text: NJ S2230 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires State government entities provide vital documents and translation services in 15 most common non-English languages.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2024-01-09 - Withdrawn Because Approved P.L.2023, c.263. [S2230 Detail]
Download: New_Jersey-2024-S2230-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
Senator NELLIE POU
District 35 (Bergen and Passaic)
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
Co-Sponsored by:
Senator Johnson
SYNOPSIS
Requires State government entities provide vital documents and translation services in 15 most common non-English languages.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the requirement for State government entities to provide for the translation of certain documents and services in languages other than English and supplementing chapter 14 of Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, each State government entity in the Executive Branch that provides direct services to the public shall translate vital documents and information, including public documents such as forms and instructions provided to or completed by program beneficiaries or participants, pursuant to the provisions of this act, P.L. , c. (C. ) (pending before the Legislature as this bill). The translations of vital documents and information shall be in the 15 most common non-English languages spoken by individuals with limited-English proficiency in this State, based on United States Census Bureau American Community Survey data, and shall be relevant to services offered by each State government entity. The Department of State shall update the list of 15 languages every year or every five years, upon the release of the American Community Survey data. The translations required under this section shall be implemented on a rolling basis and shall be completed no later than one year after the effective date of this act for the five most common languages, not later than two years after the effective date of this act for the next five most common languages , and not later than three years after the effective date of this act for the remaining five most common languages, except that applications, notices of rights, or privacy protections shall be translated immediately. If an application or form has not been translated as required by the provisions of this act, the State government entity or contractor shall provide oral translation of the application or form and a certification by the limited-English proficient individual indicating that the application or form was translated and completed by an interpreter. The State government entity shall make all reasonable efforts to provide language assistance services in person by bilingual personnel.
As used in this act:
"Cultural competence" means and includes the understanding that different populations and communities are impacted differently by historical bias, racism, and other forms of discrimination and stigmatization. Cultural competence also includes self-awareness of how one's own needs, values, practices, and verbal and nonverbal communication styles may impact others.
"Interpretation" means the oral translation of information from one language into another.
"Limited English Proficiency" means that a person speaks, reads, writes, or understands the English language less than "very well," in accordance with Census Bureau data, and as self-reported by that person to the State government entity.
"State government entity" means any State department or agency in the Executive Branch and any commission, board, bureau, division, office, or instrumentality thereof providing direct services to the public.
"Translation" means the conversion of written words from one language to another in a manner that conveys the intent and essential meaning of the original text and communication. "Translation" does not mean the use of automatic electronic translation services. "Translation" may include professional translation software, provided the State government entity conducts a quality control to ensure that the software has correctly translated the documents.
"Vital documents" means documents that affect access to, retention of, termination of, or exclusion from program services or benefits; which are required by law; or which explain legal rights. "Vital documents" include, but are not limited to: applications; consent forms; complaint forms; intake forms; letters or notices pertaining to eligibility for services or benefits; and letters or notices pertaining to rights or to the reduction, denial, or termination of services or benefits or that require a response from the person who has limited English proficiency.
2. Each State government entity in the Executive Branch shall provide interpretation services between the entity and an individual in that person's primary language with respect to the provision of services or benefits. Each State government entity shall have the option to provide interpretation services in the manner specified in the entity's language access plan, which may include in person by a qualified interpreter, interpretation by phone, or video interpretation services.
Each State government entity shall prepare an informational poster for use and display at each service location in an area that is highly visible to the public seeking services or benefits. The poster shall describe the language interpretation and translation services available and a person's right to receive those services under this act, P.L. , c. (C. ) (pending before the Legislature as this bill). The poster shall include the same information in, at a minimum, the 15 most common non-English languages spoken by individuals with limited-English proficiency in this State.
3. a. Each State government entity in the Executive Branch shall publish a language access plan that shall reflect how the entity will comply with the provisions of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), and document all progress since it last submitted a language access plan. The State government entity shall issue the language access plan required by this section within 180 days of the effective date of this act, and shall update and publish the plan every two years thereafter. The State government entity shall also post the language access plan on the entity's website. The State government entity shall consult with community or stakeholder entities representing limited-English proficient populations in drafting and updating the plan.
b. Each language access plan shall set forth, at a minimum:
(1) when and by what means the government entity will provide or is already providing language assistance services;
(2) how the government entity intends to keep track of the limited-English proficient population requesting interpretation and translation services, and how the government entity determines the need for language assistance services for the limited-English proficient population;
(3) a report on the frequency of requests for language assistance services, how the requests were met, whether language assistance services were requested in languages other than the required 15, and how the government entity intends to notify the limited-English proficient populations of the available language assistance services;
(4) how the government entity documents the actual provision of language assistance services to individuals with limited-English proficiency;
(5) a training plan for government entity employees who will be involved in the implementation of this act which includes, at minimum, annual training on the language access policies of the government entity, how to provide language assistance services, and follow any applicable State and federal confidentially protocols;
(6) a plan for how the agency will ensure the provision of language assistance services of the highest quality and in a culturally competent manner;
(7) the name and contact information of an employee at the government entity, who shall be publicly identified as the point of contact;
(8) the titles of all available translated documents and the languages into which they have been translated;
(9) a website and document content describing the translation services, processes, and documents required by this act; and
(10) a plan for annual internal monitoring of the government entity's compliance with this act.
c. Notwithstanding any provision of this section to the contrary, if a State government entity already has a language access plan on the effective date of this act, the State government entity may continue to use that language access plan and may adjust that plan in accordance with the provisions of this section. A State government entity shall be permitted to retain any additional languages already included in an existing language access plan.
4. The Secretary of State shall oversee, coordinate, and provide guidance to State government entities in their implementation of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), so that the State meets acceptable standards of translation or interpretation. The Secretary of State shall advise each State government entity that is not following the guidelines on measures for improvement. The Secretary of State's activities for implementing the provisions of this section shall include, but may not be limited to:
a. production and distribution of "I Speak" cards available to the public on a designated website in a downloadable and printable format for those who speak limited or no English to obtain the appropriate card for their language and carry it with them to request language services at State government entities;
b. solicitation of feedback and comments from each State government entity, the immigrant and refugee communities, and translation and interpretation contractors annually on the effectiveness of this act;
c. development and transmission of an annual report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), with recommendations for how each State government entity is performing and implementing the provisions of this act, including a list of agencies that required a corrective plan;
d. a periodic review of the provisions of this act to develop recommendations for adjustments, as appropriate, based on changing demographics and other factors, which shall be included in the annual report required under subsection c. of this section ;
e. development of a language access plan template based on the provisions of this act, for distribution to all State government entities for their use in developing, implementing, and reporting on their language access plans, and ensuring that each State government entity submits a language access plan when due that contains the required content; and
f. development of the list of 15 languages that all State government entities shall use in their implementation of this act, which shall be based on American Community Survey data.
5. A State government entity may partner with community-based organizations or other agencies for the provision of translation services in specific instances. To the extent that these partnerships meet the requirements for accuracy and cultural competency, State government entities shall not be prohibited from entering into partnerships.
6. Nothing in this act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall be interpreted to remove any requirements by any State government entity to provide for direct in-person translation services to a member of the public, or for the translation of any materials in the Spanish language or any additional languages, as may be required by law. Nothing in this act shall prevent a State government entity from providing interpretation and translation services to any limited-English proficient individuals who speak any language, even if that language is not among the 15 most common non-English languages spoken in this State.
7. A State government entity may require that an applicant for its benefits or services or any person assisting such applicant in seeking benefits or services provide only the information strictly necessary to determine eligibility for or to administer such benefits or services.
8. There is appropriated from the funds received by the State from the federal government under the "American Rescue Plan Act of 2021," Pub. L. 117-2, to each State government entity the sums necessary to implement the provisions of this act, and such additional sums from the General Fund as the State Treasurer and the Director of the Division of Budget and Accounting in the Department of the Treasury deem necessary.
9. This act shall take effect immediately.
STATEMENT
This bill requires State government entities to provide vital documents and translation services in the 15 most common non-English languages spoken by individuals with limited-English proficiency in this State, based on United States Census Bureau American Community Survey data, and relevant to the services offered by the State government entity.
Under the bill, any State department or agency in the Executive Branch and any commission, board, bureau, division, office, or instrumentality thereof providing direct services to the public would be required to provide these language access services and interpretation services between the State government entity and an individual in that person's primary language with respect to the provision of services or benefits. Each State government entity would be required to produce an informational poster describing the available interpretation and translation services in multiple languages for display in a visible location.
The bill requires each State government entity to publish a language access plan within 180 days of its effective date, and to update the plan every two years thereafter. At a minimum, each plan would describe (1) when and how the State government entity will provide or is already providing language assistance services; (2) how the government entity intends to keep track of the limited English proficient population and how the need for translations is determined; (3) a report on the frequency of requests, how the requests were met, whether language assistance services were requested in languages other than the required 15, and how the entity will notify the eligible population; (4) how the entity documents the actual service provision; (5) a training plan for government entity employees who will be involved in the implementation of the bill which includes, at minimum, annual training on the language access policies of the government entity, how to provide language assistance services, and follow any applicable State and federal confidentially protocols; (6) a plan for how the entity will ensure the provision of language assistance services of the highest quality and in a culturally competent manner; (7) the name and contact information of an employee at the government entity who would be the point of contact; (8) the titles of all available translated documents and the languages into which they have been translated; (9) a website and document content describing the required translation services, processes, and documents; and (10) a plan for annually monitoring internal compliance.
Under the bill, if a State government entity already has a language access plan, the State government entity may continue to use that language access plan and may adjust that plan in accordance with the bill. A State government entity would be permitted to retain any additional languages already included in an existing language access plan. The bill directs the Secretary of State to oversee, coordinate, and provide guidance to State government entities in their implementation. The Secretary of State would be required to develop a language access plan template for distribution to all State government entities for their use in developing, implementing, and reporting on their language access plans, and must ensure that each State government entity submits a language access plan when due that contains the required content. The Secretary of State would also be responsible for the development of the list of 15 languages that all State government entities must use in their implementation of the bill, based on American Community Survey data.
Various provisions of current law may already require certain State government entities to provide certain documents and translation services to the public, most commonly in the Spanish language. However, under this bill, its provisions would not be interpreted to remove any requirements by any State entity to provide for direct in-person translation services to a member of the public, or for the translation of any materials in the Spanish language or any additional languages, as may be required by law. The bill would also not be interpreted to prevent a State government entity from providing interpretation and translation services to any limited-English proficient individuals who speak any language, even if that language is not among the 15 most common non-English languages covered by the bill. Under the bill, a State government entity may require that an applicant for its benefits or services or any person assisting such applicant in seeking benefits or services provide only the information strictly necessary to determine eligibility for or to administer such benefits or services.
Under the bill, there is appropriated from the funds received by the State from the federal government under the "American Rescue Plan Act of 2021," Pub. L. 117-2, to each State government entity the sums necessary to implement its provisions, and such additional sums from the General Fund as the State Treasurer and the Director of the Division of Budget and Accounting in the Department of the Treasury deem necessary.
The bill takes effect immediately, but the required translations would be implemented on a rolling basis and would be completed no later than one year after the effective date of the bill for the five most common languages, not later than two years for the next five most common languages, and not later than three years for the remaining five most common languages, except that applications, notices of rights, or privacy protections would be translated immediately. If an application or form has not been translated, the State government entity or contractor would provide oral translation of the application or form and a certification by the limited-English proficient individual indicating that the application or form was translated and completed by an interpreter.
