S T A T E O F N E W Y O R K
________________________________________________________________________
2109--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. FERNANDEZ, CRUZ, SAYEGH, SIMON, GLICK, COOK,
GOTTFRIED, GONZALEZ-ROJAS -- read once and referred to the Committee
on Social Services -- recommitted to the Committee on Social Services
in accordance with Assembly Rule 3, sec. 2 -- reported and referred to
the Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the social services law, in relation to ensuring
adequate access to information by individuals who have limited English
proficiency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 95-a of the social services law is amended by
adding a new subdivision 9 to read as follows:
9. (A) THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A PLAN TO ENSURE
ADEQUATE ACCESS TO INFORMATION BY INDIVIDUALS WHO HAVE LIMITED ENGLISH
PROFICIENCY OR OTHERWISE REQUIRE COMMUNICATION ASSISTANCE. NOTWITH-
STANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
CONTRARY, AND SUBJECT TO APPROPRIATION, THE DEPARTMENT SHALL:
(I) TRANSLATE NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO, FORMS
AND INSTRUCTIONS PROVIDED TO OR COMPLETED BY THE PROGRAM BENEFICIARIES
OR PARTICIPANTS, INTO THE TWELVE MOST COMMON NON-ENGLISH LANGUAGES
SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY IN NEW YORK
STATE, BASED ON UNITED STATES CENSUS DATA. PURSUANT TO SECTION TWO
HUNDRED TWO-A OF THE EXECUTIVE LAW, THE DEPARTMENT MAY, IN ITS
DISCRETION, OFFER UP TO FOUR ADDITIONAL LANGUAGES BEYOND THE TWELVE MOST
COMMON LANGUAGES. SUCH ADDITIONAL LANGUAGES SHALL BE DETERMINED BY THE
PROVISIONS ESTABLISHED IN SUCH SECTION TWO HUNDRED TWO-A.
(II) OFFER, UPON REQUEST, INTERPRETATION SERVICES BETWEEN THE ENTITY
ADMINISTERING THE PROGRAM AND AN INDIVIDUAL IN HIS OR HER PRIMARY
LANGUAGE WITH RESPECT TO THE PROVISION OF SERVICES OR BENEFITS; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05463-03-2
A. 2109--A 2
(III) OFFER, UPON REQUEST OR DEMONSTRATED NEED, SERVICES TO AN INDI-
VIDUAL WHO REQUIRES ADDITIONAL ASSISTANCE DUE TO PARTIAL OR TOTAL DEAF-
NESS, BLINDNESS, SPEECH IMPEDIMENT, OR COGNITIVE IMPAIRMENT; AND
(IV) SUBJECT TO APPROPRIATION, WORK WITH THE OFFICE FOR THE AGING TO
PROVIDE ADDITIONAL TRANSLATION SERVICES TO BOTH AGENCIES TO ASSIST WITH
INFORMING LOW-INCOME AND ELDERLY HOUSEHOLDS POTENTIALLY ELIGIBLE TO
RECEIVE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS.
(B) EACH COMMISSIONER OF SOCIAL SERVICES SHALL RETAIN DISCRETION TO
OFFER ADDITIONAL LANGUAGE TRANSLATION SERVICES TO LOW-INCOME RECIPIENTS,
AS NECESSARY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to section
95-a of the social services law made by section one of this act shall
not affect the expiration and reversion of such section and shall be
deemed to expire therewith.