Bill Text: NY S03381 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3381

                               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

        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-
    23  lation of limited-English proficient individuals served by  the  agency,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02785-02-3
        S. 3381                             2

     1  feedback from impacted community or advocacy groups, and any other rele-
     2  vant data published by the United States Census Bureau.]
     3    (b)  Each  agency  shall additionally make such translations available
     4  within each region of the state, as established by article eleven of the
     5  economic development law, in the three most common non-English languages
     6  which are spoken in that region and are not already included  among  the
     7  twelve  languages  specified  in paragraph (a) of this subdivision. Such
     8  additional languages shall be decided by the state agency  in  consulta-
     9  tion  with  the office of general services and approved by the office of
    10  general services based on the number of limited-English proficient immi-
    11  grants who have arrived in New York state within the  last  five  years,
    12  according  to  the  United  States  census bureau and American community
    13  survey, including the  growth  of  recent  arrival  populations  in  the
    14  geographic regions in which the agency's services are offered, the popu-
    15  lation  of  limited-English proficient individuals served by the agency,
    16  feedback from impacted  community  or  advocacy  groups,  and  any  data
    17  collected from the sources listed in paragraph (a) of this subdivision.
    18    (c)  The  list  of  most  common  languages shall be updated every two
    19  years, based on the most recent   data collected by  the  United  States
    20  census  bureau  and American community survey, including but not limited
    21  to the data sources listed in paragraph (a) of this subdivision.
    22    (d) Each agency shall   provide competent  and  timely  interpretation
    23  services  to  individuals  in  their  primary or preferred language with
    24  respect to the provisions of services and benefits. This  includes  both
    25  in-office  services,  and  services  provided  outside of the department
    26  office. Competent interpretation shall mean spoken or signed,  real-time
    27  communication in which the qualified human interpreter is fluent in both
    28  the source and target language and is trained as an interpreter.
    29    §  2.  Subparagraphs (viii) and (ix) of paragraph (c) of subdivision 3
    30  of section 202-a of the executive law, as added by section 1 of part  GG
    31  of  chapter  56  of the laws of 2022, are amended and three new subpara-
    32  graphs (x), (xi) and (xii) are added to read as follows:
    33    (viii) an explanation as to how the agency determined it would provide
    34  any additional language beyond the top twelve languages required by this
    35  section; [and]
    36    (ix) the identity of the agency's language access coordinator[.];
    37    (x)  accommodations for communication access shall be  available  upon
    38  request  including  American sign language interpretation via an on-site
    39  interpreter, video remote interpreter, or communication access real-time
    40  translation for individuals who are deaf, hard of hearing or have  hear-
    41  ing loss;
    42    (xi)  a  phone  number  or email address by which the public can lodge
    43  complaints against the agency for noncompliance, such  complaints  shall
    44  be kept for a minimum of two years; and
    45    (xii)  a  process  to  make  public  the number of complaints during a
    46  twelve  month  period  against  noncompliance  and  resolution  to  such
    47  complaints.
    48    §  3.  Article  9 of the public authorities law is amended by adding a
    49  new title 13 to read as follows:
    50                                  TITLE 13
    51                               LANGUAGE ACCESS
    52  Section 2988. Language access.
    53          2988-a. Private right of action.
    54    § 2988. Language access. 1. Each state authority that provides  direct
    55  public  services  shall  translate  vital documents, including essential
    56  public documents such as forms and instructions provided to or completed
        S. 3381                             3

     1  by program beneficiaries  or  participants.  The  translation  shall  be
     2  available  in  the  twelve  most  common non-English languages spoken by
     3  limited English proficient immigrants in the state  who  arrived  within
     4  the  last  five  years  according  to  the American community survey, as
     5  published by the United States census bureau.
     6    2. Each such authority shall make such translations  available  within
     7  each  region  of  the  state,  as  established  by article eleven of the
     8  economic development law, in the three most common non-English languages
     9  which are spoken in that region by limited English proficient immigrants
    10  who arrived within the last five years according to the American  commu-
    11  nity  survey, as published by the United States census bureau, which are
    12  not already included among the twelve languages specified in subdivision
    13  one of this section.
    14    3. The list of most common languages shall be  updated  no  less  than
    15  every  two  years  from the effective date of this section, based on the
    16  most recent American community survey, as published by the United States
    17  census bureau.
    18    4. Each such authority shall provide interpretation  services  between
    19  the  agency  and an individual in his or her primary language, including
    20  American sign language, with respect to the  provision  of  services  or
    21  benefits.   This includes both in-office services, and services provided
    22  outside of the agency office. This includes, but is not limited to,  the
    23  department of motor vehicles, and the administering of road tests.
    24    5. Within ninety days of the effective date of this section, each such
    25  authority  shall  publish  a language access plan which reflects how the
    26  authority will comply with the language access requirements pursuant  to
    27  this section, and shall set forth, at a minimum:
    28    a. core communication principles with respect to people in the limited
    29  English proficient community;
    30    b.  when  and  by  what means the authority will provide or is already
    31  providing language access services;
    32    c. the titles of all available translated documents and the  languages
    33  into which they have been translated;
    34    d.  the  number  of  public contact positions in the authority and the
    35  number of bilingual employees in public contact positions including  the
    36  languages they speak;
    37    e.  a training plan for employees which includes, at a minimum, annual
    38  training on the language access policies of the  authority  and  how  to
    39  provide language assistance services;
    40    f.  a  plan  of  how the authority intends to notify the population of
    41  offered language assistance services;
    42    g. a language access  coordinator  at  the  authority,  who  shall  be
    43  publicly identified;
    44    h.  accommodations  for  communication  access shall be available upon
    45  request including American sign language interpretation via  an  on-site
    46  interpreter, video remote interpreter, or communication access real-time
    47  translation  for individuals who are deaf, hard of hearing or have hear-
    48  ing loss;
    49    i. a phone number or email address  by  which  the  public  can  lodge
    50  complaints  against  the agency for noncompliance. Such complaints shall
    51  be kept for a minimum of two years; and
    52    j. make public the number of complaints during a twelve  month  period
    53  against noncompliance and resolutions to such complaints.
    54    § 2988-a. Private right of action. Any person injured by noncompliance
    55  with  the provisions of this title may bring an action to recover actual
        S. 3381                             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                             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.