S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3436
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M. of A. KIM, GOTTFRIED, WEPRIN -- Multi-Sponsored by --
   M. of A. ABBATE -- read once and referred to the Committee on  Govern-
   mental Operations
 
 AN  ACT to amend the executive law, in relation to requiring state agen-
   cies that directly serve the public to enact policies to  ensure  that
   people  who  do  not speak English well receive the interpretation and
   translation services they need in order  to  access  vital  government
   programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 301 of the executive law is renumbered section  302
 and a new section 301 is added to read as follows:
   §  301.  AGENCY  LANGUAGE INTERPRETATION. 1. DEFINITIONS.   AS USED IN
 THIS SECTION: (A) "AGENCY COVERED LANGUAGE" SHALL MEAN EVERY NON-ENGLISH
 LANGUAGE USED BY A LIMITED ENGLISH PROFICIENT  POPULATION  THAT  CONSTI-
 TUTES  FIVE  PERCENT  OR ONE THOUSAND INDIVIDUALS, WHICHEVER IS LESS, OF
 THE POPULATION SERVED OR ENCOUNTERED, OR LIKELY TO BE SERVED OR ENCOUNT-
 ERED, BY THE AGENCY.
   (B) "AGENCY" SHALL MEAN ANY STATEWIDE GOVERNMENT  AGENCY,  DEPARTMENT,
 OR  PROGRAM THAT FURNISHES INFORMATION OR RENDERS SERVICES, PROGRAMS, OR
 ACTIVITIES DIRECTLY TO THE PUBLIC  OR  CONTRACTS  WITH  OTHER  ENTITIES,
 EITHER  DIRECTLY OR INDIRECTLY, TO CONDUCT PROGRAMS, SERVICES, OR ACTIV-
 ITIES, AND ALL POLITICAL SUBDIVISIONS AND LOCAL ENTITIES OF SUCH  STATE-
 WIDE  GOVERNMENT  AGENCY,  DEPARTMENT, OR PROGRAM. AGENCIES INCLUDE, BUT
 ARE NOT LIMITED TO: THE OFFICE FOR THE AGING; THE  OFFICE  OF  ADDICTION
 SERVICES  AND  SUPPORTS;  THE  OFFICE OF ATTORNEY GENERAL; THE OFFICE OF
 CHILDREN AND FAMILY SERVICES; THE  CITY  UNIVERSITY  OF  NEW  YORK;  THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION; THE OFFICE OF COURT
 ADMINISTRATION;  THE  DIVISION OF CRIMINAL JUSTICE SERVICES; THE DEPART-
 MENT OF EDUCATION; THE BOARD OF ELECTIONS; DEPARTMENT OF FAMILY  ASSIST-
 ANCE;  THE  DEPARTMENT  OF HEALTH; THE DIVISION OF HOUSING AND COMMUNITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05984-01-1

 A. 3436                             2
 
 RENEWAL; THE DIVISION OF  HUMAN  RIGHTS;  THE  DEPARTMENT  OF  FINANCIAL
 SERVICES;  THE  DEPARTMENT  OF  LABOR;  THE  METROPOLITAN TRANSPORTATION
 AUTHORITY; THE DEPARTMENT OF MOTOR VEHICLES; THE OFFICE OF PARKS, RECRE-
 ATION  AND HISTORIC PRESERVATION; THE PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY; OFFICE FOR  THE  PREVENTION  OF  DOMESTIC  VIOLENCE;  OFFICE  OF
 PROBATION  AND  CORRECTIONAL ALTERNATIVES; THE DIVISION OF STATE POLICE;
 THE STATE UNIVERSITY OF NEW YORK; THE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE; AND THE DIVISION OF VETERAN'S AFFAIRS.
   (C) "COMPETENT INTERPRETATION" SHALL MEAN A  TRANS-LANGUAGE  RENDITION
 OF  A  SPOKEN  MESSAGE  IN  WHICH THE INTERPRETER COMPREHENDS THE SOURCE
 LANGUAGE AND CAN SPEAK COMPREHENSIVELY IN THE TARGET LANGUAGE TO  CONVEY
 THE MEANING INTENDED IN THE SOURCE LANGUAGE. THE INTERPRETER KNOWS RELE-
 VANT  TERMINOLOGY  AND  PROVIDES  ACCURATE  INTERPRETATIONS  BY CHOOSING
 EQUIVALENT EXPRESSIONS THAT CONVEY THE BEST MATCHING AND MEANING TO  THE
 SOURCE  LANGUAGE  AND  CAPTURES,  TO  THE  GREATEST POSSIBLE EXTENT, ALL
 NUANCES INTENDED IN THE SOURCE MESSAGE.
   (D) "COMPETENT TRANSLATION" SHALL MEAN A TRANS-LANGUAGE RENDITION OF A
 WRITTEN MESSAGE IN WHICH THE TRANSLATOR COMPREHENDS THE SOURCE  LANGUAGE
 AND CAN WRITE COMPREHENSIVELY IN THE TARGET LANGUAGE TO CONVEY THE MEAN-
 ING  INTENDED  IN  THE  SOURCE  LANGUAGE.  THE TRANSLATOR KNOWS RELEVANT
 TERMINOLOGY AND PROVIDES ACCURATE TRANSLATIONS  BY  CHOOSING  EQUIVALENT
 EXPRESSIONS  THAT  CONVEY  THE  BEST  MATCHING AND MEANING TO THE SOURCE
 LANGUAGE AND CAPTURES, TO THE  GREATEST  POSSIBLE  EXTENT,  ALL  NUANCES
 INTENDED IN THE SOURCE MESSAGE.  COMPETENT TRANSLATION SHALL NOT INCLUDE
 ONLINE  TRANSLATION  TOOLS  SUCH AS GOOGLE TRANSLATE, YAHOO! BABEL FISH,
 AND COMPARABLE SERVICES.
   (E) "LANGUAGE ASSISTANCE SERVICES" SHALL MEAN COMPETENT INTERPRETATION
 AND TRANSLATION SERVICES.
   (F) "LIMITED ENGLISH PROFICIENT INDIVIDUAL" OR "LEP INDIVIDUAL"  SHALL
 MEAN  AN  INDIVIDUAL  WHO DOES NOT READ, WRITE, SPEAK, AND/OR UNDERSTAND
 THE ENGLISH LANGUAGE AT A LEVEL THAT PERMITS HIM OR HER  TO  COMMUNICATE
 EFFECTIVELY WITH THE AGENCY.
   (G)  "PRIMARY  LANGUAGE"  SHALL  MEAN  THE LANGUAGE IN WHICH A LIMITED
 ENGLISH PROFICIENT INDIVIDUAL PREFERS TO COMMUNICATE.
   (H) "VITAL DOCUMENTS" SHALL MEAN PRINTED  AND  ONLINE  DOCUMENTS  THAT
 PROVIDE  INFORMATION  NECESSARY  TO  ACCESS  OR PARTICIPATE IN SERVICES,
 PROGRAMS, AND ACTIVITIES OF AN AGENCY,  INCLUDING  BUT  NOT  LIMITED  TO
 APPLICATIONS,  CORRESPONDING  INSTRUCTIONAL  MATERIALS, LEGAL CONTRACTS,
 STIPULATIONS, OUTREACH MATERIALS, AND WRITTEN NOTICES  OR  LETTERS  THAT
 AFFECT OR RELATE TO THE LEGAL RIGHTS OR BENEFITS OF AN INDIVIDUAL OR THE
 AGENCY'S  SERVICES,  PROGRAMS OR BENEFITS AND WHICH ARE USED OR INTENDED
 TO BE USED FOR COMMUNICATING WITH INDIVIDUALS OR THE PUBLIC.
   2. INTERPRETATION SERVICES. (A) EVERY AGENCY SHALL  PROVIDE  COMPETENT
 INTERPRETATION  AT  ALL  STAGES OF THE LEP INDIVIDUAL'S INTERACTION WITH
 THE AGENCY AND AT NO COST TO THE LEP INDIVIDUAL. SUCH  COMPETENT  INTER-
 PRETATION  MUST  BE PROVIDED PROMPTLY BUT NEED NOT BE PROVIDED IN PERSON
 OR FACE-TO-FACE IN ORDER TO MEET THE REQUIREMENTS OF THIS SECTION.
   (B) MINOR CHILDREN SHALL NOT BE USED TO INTERPRET AT ANY TIME,  EXCEPT
 IN  AN  EXTREME  EMERGENCY.  IF  MINOR CHILDREN ARE USED TO INTERPRET, A
 RECORD SHALL BE KEPT OF THE INCIDENT IN THE INDIVIDUAL'S CASE  FILE,  IF
 ONE EXISTS.
   (C)  THE  AGENCY  IS  PROHIBITED FROM REQUIRING THAT AN LEP INDIVIDUAL
 PROVIDE HIS OR HER OWN INTERPRETATION SERVICES.
   (D) USE OF UNTRAINED OR INFORMAL INTERPRETERS SUCH AS  THE  FAMILY  OR
 FRIENDS  OF  AN  LEP INDIVIDUAL SHALL BE ACTIVELY DISCOURAGED. IF AN LEP
 INDIVIDUAL CHOOSES TO USE AN INFORMAL INTERPRETER AFTER  BEING  NOTIFIED

 A. 3436                             3
 
 OF  THE AVAILABILITY OF FREE, TIMELY AND COMPETENT INTERPRETATION, HE OR
 SHE MUST COMPLETE A WAIVER THAT IS SIGNED BY A MANAGER AT THE AGENCY AND
 BY THE LEP INDIVIDUAL.
   3.  LANGUAGE  ACCESS  PLAN.  (A) EACH AGENCY SHALL PUBLISH, AND UPDATE
 EVERY TWO YEARS, WITH THE FIRST PLAN BEING DEVELOPED WITHIN ONE  HUNDRED
 EIGHTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, A LANGUAGE ACCESS
 PLAN THAT WILL REFLECT HOW THE AGENCY WILL COMPLY WITH THE PROVISIONS OF
 THIS SECTION AND ALL PROGRESS MADE SINCE THE  AGENCY  LAST  SUBMITTED  A
 LANGUAGE ACCESS PLAN.
   (B)  EACH  LANGUAGE  ACCESS PLAN SHALL BE WRITTEN IN CONSULTATION WITH
 THE STATE CHIEF DIVERSITY OFFICER, THE STATEWIDE LANGUAGE ACCESS  DIREC-
 TOR,  THE  AGENCY'S LANGUAGE ACCESS COORDINATOR, THE LOCAL SUBDIVISIONS'
 LANGUAGE ACCESS COORDINATORS, AND THE DIRECTORS THAT CONDUCT OUTREACH TO
 LIMITED ENGLISH PROFICIENT POPULATIONS.
   (C) EACH LANGUAGE ACCESS PLAN SHALL SET FORTH, AT MINIMUM, THE FOLLOW-
 ING:
   (1) WHEN AND BY WHAT MEANS THE AGENCY WILL PROVIDE LANGUAGE ASSISTANCE
 SERVICES AND AN EXPLANATION AS TO HOW THIS DETERMINATION WAS REACHED;
   (2) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS  AND  THE  CORRE-
 SPONDING LANGUAGES INTO WHICH THEY HAVE BEEN TRANSLATED;
   (3)  THE  NUMBER  OF  PUBLIC  CONTACT  POSITIONS IN THE AGENCY AND THE
 NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS, INCLUDING THE
 LANGUAGES THEY SPEAK;
   (4) DOCUMENTATION OF THE LANGUAGE NEEDS OF THE POPULATION  SERVED  AND
 THE POPULATION ELIGIBLE TO BE SERVED BY THE AGENCY;
   (5)  FOR AGENCIES THAT PROVIDE INDIVIDUALIZED PROGRAMS AND SERVICES, A
 SYSTEM FOR TRACKING THE PRIMARY LANGUAGE OF EVERY INDIVIDUAL  WHO  SEEKS
 OR RECEIVES SERVICES FROM THE AGENCY;
   (6)  A  TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND HOW TO
 PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (7) A LANGUAGE ACCESS COORDINATOR AT THE AGENCY, WHO SHALL BE PUBLICLY
 IDENTIFIED;
   (8) IF OUTREACH IS CONDUCTED BY THE AGENCY, A  MULTI-LINGUAL  OUTREACH
 PLAN  TO  LEP COMMUNITIES REGARDING THE BENEFITS AND SERVICES OFFERED BY
 THE AGENCY AND THE LANGUAGE SERVICES PROVIDED;
   (9) A DESCRIPTION OF THE FUNDING AND BUDGETARY SOURCES UPON WHICH  THE
 AGENCY INTENDS TO RELY TO IMPLEMENT ITS LANGUAGE ACCESS PLAN;
   (10)  A  DETAILED  PLAN FOR ANNUAL INTERNAL MONITORING OF THE AGENCY'S
 COMPLIANCE WITH THIS ORDER; AND
   (11) AN EXPLANATION OF ANY AREAS OF CURRENT NON-COMPLIANCE,  INCLUDING
 COMPLAINTS  RECEIVED  AND THEIR DISPOSITION, THE REASONS FOR NON-COMPLI-
 ANCE AND STEPS TO BE TAKEN TO REMEDY  AREAS  OF  NON-COMPLIANCE,  AND  A
 REQUEST  FOR  APPROVAL  OF  EXPECTED FUTURE NON-COMPLIANCE, TO WHICH THE
 STATEWIDE LANGUAGE ACCESS DIRECTOR SHALL RESPOND WITHIN  SIXTY  DAYS  OF
 THE REQUEST.
   (D) AT A MINIMUM EACH AGENCY SHALL MAINTAIN RECORDS OF ALL INFORMATION
 NECESSARY  TO  COMPLETE  AND  VERIFY  THE  INFORMATION  SET FORTH IN THE
 LANGUAGE ACCESS PLAN.
   4. AGENCY'S LANGUAGE ACCESS COORDINATOR. EACH AGENCY SHALL DESIGNATE A
 LANGUAGE ACCESS COORDINATOR, WHO SHALL REPORT DIRECTLY TO  THE  DIRECTOR
 OF  THE  AGENCY.    THE RESPONSIBILITIES OF THE AGENCY'S LANGUAGE ACCESS
 COORDINATOR SHALL INCLUDE:
   (A) GENERAL OVERSIGHT OF THE AGENCY'S LANGUAGE ACCESS PLAN;

 A. 3436                             4
 
   (B) FOR STATEWIDE AGENCIES, OVERSIGHT, CENTRAL COORDINATION, AND TECH-
 NICAL ASSISTANCE TO THE AGENCY'S POLITICAL SUBDIVISION AND  LOCAL  ENTI-
 TIES IN THEIR IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION;
   (C) ENSURING THAT THE PROVISION OF LANGUAGE ASSISTANCE SERVICES BY THE
 AGENCY MEETS ACCEPTABLE STANDARDS OF TRANSLATION OR INTERPRETATION;
   (D)  PROCUREMENT  OF  CONTRACT LANGUAGE SERVICES WHERE APPROPRIATE AND
 MANAGEMENT OF THE RELATIONSHIP WITH ALL LANGUAGE SERVICE CONTRACTORS;
   (E) TRACKING, MONITORING AND INVESTIGATING PUBLIC COMPLAINTS REGARDING
 LANGUAGE ACCESS SERVICES AT THE AGENCY;
   (F) OVERSEEING STAFF TRAINING ON THE LANGUAGE  ACCESS  PLAN,  LANGUAGE
 POLICY, AND HOW TO OBTAIN LANGUAGE SERVICES FOR LEP INDIVIDUALS;
   (G)  ENSURING  THAT  RECORDKEEPING AND MONITORING REQUIREMENTS OF THIS
 SECTION ARE COMPLIED WITH;
   (H) COMPILING, MAINTAINING, AND DISSEMINATING ALL TRANSLATED DOCUMENTS
 TO BE USED BY OTHER AGENCY ENTITIES, INCLUDING  ALL  LOCAL  OFFICES  AND
 POLITICAL SUBDIVISIONS; AND
   (I)  OVERSEEING AND COORDINATING THE AGENCY'S ANNUAL INTERNAL MONITOR-
 ING, TESTING AND TRAINING ACTIVITIES.
   5. MONITORING AND COMPLAINTS. (A) THE AGENCY  SHALL  MONITOR  ITS  OWN
 COMPLIANCE  WITH THE REQUIREMENTS OF THIS SECTION BY ANNUALLY COLLECTING
 DATA ON THE PROVISION OF LANGUAGE ASSISTANCE SERVICES, THE  AVAILABILITY
 OF  TRANSLATED  MATERIALS,  WHETHER  SIGNAGE IS PROPERLY POSTED, AND ANY
 OTHER RELEVANT MEASURES. THIS INFORMATION AND ANY OTHER COLLECTED DURING
 THE INTERNAL MONITORING PROCESS SHALL BE MADE AVAILABLE TO THE STATEWIDE
 LANGUAGE ACCESS DIRECTOR. THE MONITORING  PLAN  SHALL  INCLUDE  FEEDBACK
 FROM THE PUBLIC, COMMUNITY GROUPS AND OTHER STAKEHOLDERS.
   (B)  THE  AGENCY  SHALL ESTABLISH A SYSTEM WHEREBY LEP INDIVIDUALS MAY
 SUBMIT COMPLAINTS TO  THE  AGENCY  REGARDING  LANGUAGE  ACCESS  SERVICES
 PROVISION OR LACK THEREOF, AND ALL SUCH COMPLAINTS SHALL BE INVESTIGATED
 BY THE AGENCY LANGUAGE ACCESS COORDINATOR AND/OR SUCH INDIVIDUALS WITHIN
 THE AGENCY AS THE LANGUAGE ACCESS COORDINATOR SHALL DETERMINE. THE AGEN-
 CY  MUST  PROVIDE  ALL  LEP  INDIVIDUALS  SUBMITTING  COMPLAINTS WRITTEN
 NOTIFICATION OF THE RESULTS OF ANY INVESTIGATIONS  RESULTING  FROM  SUCH
 COMPLAINTS, INCLUDING A DESCRIPTION OF THE CORRECTIVE ACTION TO BE TAKEN
 IN RESPONSE TO THE COMPLAINT, IF SUCH CORRECTIVE ACTION IS REQUIRED.
   6.  GOOD  CAUSE. IT SHALL BE GOOD CAUSE FOR AN INDIVIDUAL'S FAILURE TO
 RESPOND TO AN AGENCY INQUIRY  OR  REQUIREMENT,  FAILURE  TO  CERTIFY  OR
 RE-CERTIFY FOR BENEFITS, FAILURE TO ATTEND MANDATORY APPOINTMENTS OR FOR
 AN  UNTIMELY RESPONSE, IF THE LEP INDIVIDUAL IS DENIED LANGUAGE SERVICES
 AS REQUIRED UNDER THIS SECTION.
   7. STATEWIDE OVERSIGHT, COORDINATION AND ASSISTANCE. (A) THE  DIRECTOR
 OF  STATE  OPERATIONS  SHALL PROVIDE OVERSIGHT, CENTRAL COORDINATION AND
 TECHNICAL  ASSISTANCE  TO  AGENCIES  IN  THEIR  IMPLEMENTATION  OF   THE
 PROVISIONS  OF  THIS  ORDER AND ENSURE THAT THE PROVISION OF SERVICES BY
 AGENCIES MEETS ACCEPTABLE STANDARDS OF TRANSLATION OR INTERPRETATION.
   (B) THERE SHALL BE A STATEWIDE LANGUAGE  ACCESS  DIRECTOR  WITHIN  THE
 OFFICE  OF  THE  DIRECTOR OF STATE OPERATIONS, WHO IS CHARGED WITH OVER-
 SIGHT WITH ALL AGENCIES' COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
 THE STATEWIDE LANGUAGE ACCESS DIRECTOR SHALL:
   (1) REVIEW AND MONITOR EACH AGENCY'S LANGUAGE ACCESS PLAN FOR  COMPLI-
 ANCE WITH THIS SECTION AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964;
   (2)  TRACK  AND  MONITOR  PUBLIC  COMPLAINTS REGARDING LANGUAGE ACCESS
 VIOLATIONS AT EACH AGENCY AND, WHERE NECESSARY, ISSUE  WRITTEN  FINDINGS
 OF  NONCOMPLIANCE  TO  THE AGENCY REGARDING FAILURES TO PROVIDE LANGUAGE
 ACCESS;

 A. 3436                             5

   (3) REVIEW AND MONITOR THE LANGUAGE ACCESS COORDINATORS  WITH  RESPECT
 TO THEIR PERFORMANCE OF RESPONSIBILITIES UNDER THIS SECTION; AND
   (4) FACILITATE SHARING OF BEST PRACTICES AND INTERAGENCY COLLABORATION
 TO IMPROVE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   (C)  EVERY  AGENCY  SHALL COOPERATE WITH THE STATEWIDE LANGUAGE ACCESS
 DIRECTOR AND SHALL FURNISH SUCH INFORMATION AND ASSISTANCE AS THE STATE-
 WIDE LANGUAGE ACCESS DIRECTOR  DETERMINES  IS  REASONABLY  NECESSARY  TO
 FULFILL THESE DUTIES.
   8.  PRIVATE  RIGHT  OF  ACTION;  COMPLAINTS.  INDIVIDUALS SHALL HAVE A
 PRIVATE RIGHT OF ACTION TO ENFORCE THE RIGHTS GRANTED UNDER THIS SECTION
 AS SET FORTH UNDER SUBDIVISIONS ONE THROUGH SIX OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.