Bill Text: NY A00503 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Strong Partisan Bill (Democrat 28-2)
Status: (Introduced) 2023-05-05 - enacting clause stricken [A00503 Detail]
Download: New_York-2023-A00503-Introduced.html
Bill Title: 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.
Spectrum: Strong Partisan Bill (Democrat 28-2)
Status: (Introduced) 2023-05-05 - enacting clause stricken [A00503 Detail]
Download: New_York-2023-A00503-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 503 2023-2024 Regular Sessions IN ASSEMBLY January 9, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Governmental Operations 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. Legislative findings and intent. The legislature hereby 2 finds that as New York's immigrant population continues to grow, inabil- 3 ity to access documents translated into languages that community members 4 read and lack of interpretation of government services and resources 5 into languages that community members speak are major barriers to the 6 advancement of the state's immigrant population. However, currently 7 language access in New York is based on an Executive Order which 8 mandates translation into the same ten languages across the entire 9 state, failing to account for significant differences in immigrant popu- 10 lations across New York's regions. Translation is also only mandatory in 11 a handful of executive specific agencies, instead of across all subdivi- 12 sions of state and county government. The legislature believes language 13 access improves the lives of immigrants by increasing opportunities for 14 employment, business ownership, and other vital services, while making 15 staff time at state agencies and authorities more efficient, benefiting 16 all of New York. 17 § 2. The executive law is amended by adding a new article 49-C to read 18 as follows: 19 ARTICLE 49-C 20 LANGUAGE ACCESS 21 Section 996. Language access. 22 996-a. Private right of action. 23 § 996. Language access. 1. Each state agency that provides direct 24 public services shall translate vital documents, including essential EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02785-01-3A. 503 2 1 public documents such as forms and instructions provided to or completed 2 by program beneficiaries or participants. Such 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 agency shall additionally make such translations avail- 8 able within each region of the state, as established by article eleven 9 of the economic development law, in the three most common non-English 10 languages which are spoken in that region by limited English proficient 11 immigrants who arrived within the last five years according to the Amer- 12 ican community survey, as published by the United States census bureau, 13 which are not already included among the twelve languages specified in 14 subdivision one of this section. 15 3. The list of most common languages shall be updated every two years, 16 based on the most recent American community survey data, as published by 17 the United States census bureau. 18 4. Each agency shall provide interpretation services between the agen- 19 cy and an individual in their primary language, including American Sign 20 Language, with respect to the provision of services or benefits. 21 5. Within ninety days of the effective date of this section, each 22 agency shall publicly publish a language access plan which reflects how 23 the agency will comply with the language access requirements of this 24 section, and shall set forth, at a minimum: 25 (a) core communication principles with respect to people in the limit- 26 ed English proficient community; 27 (b) when and by what means the agency will provide or is already 28 providing language access services; 29 (c) the titles of all available translated documents and the languages 30 into which they have been translated; 31 (d) the number of public contact positions in the agency and the 32 number of bilingual employees in public contact positions including the 33 languages they speak; 34 (e) a training plan for agency employees which includes, at a minimum, 35 annual training on the language access policies of the agency and how to 36 provide language assistance services; 37 (f) a plan of how the agency intends to notify the population of 38 offered language assistance services; 39 (g) a language access coordinator at the agency, who shall be publicly 40 identified; 41 (h) a phone number or email address by which the public can lodge 42 complaints against the agency for noncompliance. Such complaints shall 43 be kept for a minimum of two years; and 44 (i) make public the number of complaints during a twelve month period 45 against noncompliance and resolutions to such complaints. 46 § 996-a. Private right of action. Any person injured by noncompliance 47 with the provisions of this article may bring an action to recover actu- 48 al damages suffered. In any action brought under this section, the court 49 may award reasonable attorney's fees to a prevailing plaintiff. 50 § 3. Article 9 of the public authorities law is amended by adding a 51 new title 13 to read as follows: 52 TITLE 13 53 LANGUAGE ACCESS 54 Section 2988. Language access. 55 2988-a. Private right of action.A. 503 3 1 § 2988. Language access. 1. Each state authority that provides direct 2 public services shall translate vital documents, including essential 3 public documents such as forms and instructions provided to or completed 4 by program beneficiaries or participants. The translation shall be 5 available in the twelve most common non-English languages spoken by 6 limited English proficient immigrants in the state who arrived within 7 the last five years according to the American community survey, as 8 published by the United States census bureau. 9 2. Each such authority shall make such translations available within 10 each region of the state, as established by article eleven of the 11 economic development law, in the three most common non-English languages 12 which are spoken in that region by limited English proficient immigrants 13 who arrived within the last five years according to the American commu- 14 nity survey, as published by the United States census bureau, which are 15 not already included among the twelve languages specified in subdivision 16 one of this section. 17 3. The list of most common languages shall be updated no less than 18 every two years from the effective date of this section, based on the 19 most recent American community survey, as published by the United States 20 census bureau. 21 4. Each such authority shall provide interpretation services between 22 the agency and an individual in his or her primary language, including 23 American Sign Language, with respect to the provision of services or 24 benefits. This includes both in-office services, and services provided 25 outside of the agency office. This includes, but is not limited to, the 26 department of motor vehicles, and the administering of road tests. 27 5. Within ninety days of the effective date of this section, each such 28 authority shall publish a language access plan which reflects how the 29 authority will comply with the language access requirements pursuant to 30 this section, and shall set forth, at a minimum: 31 a. core communication principles with respect to people in the limited 32 English proficient community; 33 b. when and by what means the authority will provide or is already 34 providing language access services; 35 c. the titles of all available translated documents and the languages 36 into which they have been translated; 37 d. the number of public contact positions in the authority and the 38 number of bilingual employees in public contact positions including the 39 languages they speak; 40 e. a training plan for employees which includes, at a minimum, annual 41 training on the language access policies of the authority and how to 42 provide language assistance services; 43 f. a plan of how the authority intends to notify the population of 44 offered language assistance services; 45 g. a language access coordinator at the authority, who shall be 46 publicly identified; 47 h. a phone number or email address by which the public can lodge 48 complaints against the agency for noncompliance. Such complaints shall 49 be kept for a minimum of two years; and 50 i. make public the number of complaints during a twelve month period 51 against noncompliance and resolutions to such complaints. 52 § 2988-a. Private right of action. Any person injured by noncompliance 53 with the provisions of this article may bring an action to recover actu- 54 al damages suffered. In any action brought under this section, the court 55 may award reasonable attorney's fees to a prevailing plaintiff.A. 503 4 1 § 4. The county law is amended by adding a new article 24-A to read as 2 follows: 3 ARTICLE 24-A 4 LANGUAGE ACCESS 5 Section 950. Language access. 6 951. Private right of action. 7 § 950. Language access. 1. Every political entity of a county that 8 provides direct public services shall translate vital documents, includ- 9 ing essential public documents such as forms and instructions provided 10 to or completed by program beneficiaries or participants. The trans- 11 lation shall be available in the twelve most common non-English 12 languages spoken by limited English proficient immigrants in the state 13 who arrived within the last five years according to the American commu- 14 nity survey, as published by the United States census bureau. 15 2. Each such political entity of a county shall make such translations 16 available within each region of the state, as established by article 17 eleven of the economic development law, in the three most common non- 18 English languages which are spoken in that region by limited English 19 proficient immigrants who arrived within the last five years according 20 to the American community survey, as published by the United States 21 census bureau, which are not already included among the twelve languages 22 specified in subdivision one of this section. 23 3. Notwithstanding the provisions of subdivision one of this section, 24 a county may add additional languages as necessary to accommodate local 25 variances from statewide languages, provided such languages are added 26 after public notice and opportunity to comment. 27 4. The list of most common languages shall be updated no less than 28 every two years from the effective date of this section, based on the 29 most recent American community survey, as published by the United States 30 census bureau, and any additional languages such county shall choose to 31 select. 32 5. Each such political entity of a county shall provide interpretation 33 services between the entity and an individual in his or her primary 34 language with respect to the provision of services or benefits. 35 6. Within ninety days of the effective date of this section, each such 36 political entity of a county shall publish a language access plan which 37 reflects how the political entity will comply with the language access 38 requirements pursuant to this section, and shall set forth, at a mini- 39 mum: 40 (a) core communication principles with respect to people in the limit- 41 ed English proficient community; 42 (b) when and by what means the political entity shall provide or is 43 already providing language access services; 44 (c) the titles of all available translated documents and the languages 45 into which they have been translated; 46 (d) the number of public contact positions in the political entity and 47 the number of bilingual employees in public contact positions including 48 the languages they speak; 49 (e) a training plan for employees of the political entity, which 50 includes, at a minimum, annual training on the language access policies 51 of the political entity and how to provide language assistance services; 52 (f) a plan of how the political entity intends to notify the popu- 53 lation of offered language assistance services; and 54 (g) a language access coordinator at the political entity, who shall 55 be publicly identified.A. 503 5 1 § 951. Private right of action. Any person injured by noncompliance 2 with the provisions of this article may bring an action to recover actu- 3 al damages suffered. In any action brought under this section, the court 4 may award reasonable attorney's fees to a prevailing plaintiff. 5 § 5. This act shall take effect immediately.
