Bill Text: NY S03381 | 2023-2024 | General Assembly | Amended
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: Partisan Bill (Democrat 16-0)
Status: (Engrossed) 2024-04-15 - referred to governmental operations [S03381 Detail]
Download: New_York-2023-S03381-Amended.html
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, may15offer up to four additional languages beyond the twelve most common16languages. Such additional languages shall be decided by the state17agency in consultation with the office of general services and approved18by the office of general services based on the number of limited-English19proficient immigrants of five years or less in New York state in need of20language translation services according to the American Community21Survey, including the growth of recent arrival populations in the22geographic 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. LBD02785-03-3S. 3381--A 2 1lation of limited-English proficient individuals served by the agency,2feedback from impacted community or advocacy groups, and any other rele-3vant 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 essentialS. 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 actualS. 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.
