S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7632
 
                             I N  S E N A T E
 
                             February 1, 2018
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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 ALCOHOLISM
 AND SUBSTANCE ABUSE SERVICES; 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05199-01-7

 S. 7632                             2

 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
 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.

 S. 7632                             3
 
   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;
   (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;

 S. 7632                             4
 
   (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;
   (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-

 S. 7632                             5
 
 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.