Assembly Bill A9355

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9355
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the  executive  law,  in  relation  to  language  access
   services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  202-a
 to read as follows:
   §  202-A.  LANGUAGE ACCESS SERVICES. 1. ACTING PURSUANT TO SECTION TWO
 HUNDRED OF THIS ARTICLE, THE  COMMISSIONER  OF  GENERAL  SERVICES  SHALL
 ESTABLISH, WITHIN THE OFFICE OF GENERAL SERVICES, A DIVISION OF LANGUAGE
 ACCESS SERVICES AND SHALL APPOINT AND FIX THE COMPENSATION OF A DIRECTOR
 OF  LANGUAGE ACCESS SERVICES AND SUCH OTHER ASSISTANTS AND OTHER EMPLOY-
 EES NECESSARY TO ASSIST IN OVERSEEING THE PROVISION OF  LANGUAGE  ACCESS
 SERVICES  BY  STATE AGENCIES AND ENSURING COMPLIANCE WITH THE PROVISIONS
 OF THIS SECTION.  THE  DIRECTOR  OF  THE  DIVISION  OF  LANGUAGE  ACCESS
 SERVICES SHALL REPORT DIRECTLY TO THE COMMISSIONER OF GENERAL SERVICES.
   2.  EACH STATE AGENCY THAT PROVIDES DIRECT PUBLIC SERVICES IN NEW YORK
 STATE SHALL TRANSLATE ALL VITAL DOCUMENTS RELEVANT TO  SERVICES  OFFERED
 BY  THE  AGENCY INTO THE TEN MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY
 LIMITED-ENGLISH PROFICIENT INDIVIDUALS IN THE STATE, BASED ON  THE  DATA
 IN  THE  MOST  RECENT  AMERICAN COMMUNITY SURVEY PUBLISHED BY THE UNITED
 STATES CENSUS  BUREAU.  AGENCIES  SUBJECT  TO  THIS  SECTION,  IN  THEIR
 DISCRETION,  MAY  OFFER AT LEAST TWO ADDITIONAL LANGUAGES BEYOND THE TEN
 MOST COMMON LANGUAGES, AND SHALL OFFER ANY ADDITIONAL LANGUAGES THAT ARE
 RECOMMENDED BY THE DIRECTOR OF LANGUAGE ACCESS SERVICES AND APPROVED  BY
 THE  OFFICE OF GENERAL SERVICES BASED ON THE POPULATION OF LIMITED-ENGL-
 ISH PROFICIENT INDIVIDUALS SERVED BY THE AGENCY, FEEDBACK FROM  IMPACTED
 COMMUNITY  OR  ADVOCACY  GROUPS,  THE GEOGRAPHIC REGION WITHIN WHICH THE
 SERVICES ARE OFFERED, ANY OTHER RELEVANT DATA PUBLISHED  BY  THE  UNITED
 STATES CENSUS BUREAU.
   3.  EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DESIG-
 NATE A LANGUAGE ACCESS COORDINATOR WHO WILL WORK WITH  THE  DIVISION  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14759-01-2
              

 A. 9355                             2
 
 LANGUAGE  ACCESS  SERVICES TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF
 THIS SECTION.
   4. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DEVELOP
 A  LANGUAGE  ACCESS  PLAN  IN CONSULTATION WITH THE DIVISION OF LANGUAGE
 ACCESS SERVICES AND SUBMIT SUCH PLAN TO THE OFFICE OF GENERAL SERVICES.
   A. AN AGENCY'S INITIAL LANGUAGE ACCESS PLAN SHALL  BE  ISSUED  BY  THE
 AGENCY WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   B. LANGUAGE ACCESS PLANS SHALL BE UPDATED AND REISSUED EVERY TWO YEARS
 ON OR BEFORE JANUARY FIRST.
   C. LANGUAGE ACCESS PLANS SHALL SET FORTH, AT A MINIMUM:
   (I)  WHEN  AND  BY  WHAT  MEANS  THE AGENCY WILL PROVIDE OR IS ALREADY
 PROVIDING LANGUAGE ASSISTANCE SERVICES;
   (II)  THE  TITLES  OF  ALL  AVAILABLE  TRANSLATED  DOCUMENTS  AND  THE
 LANGUAGES INTO WHICH THEY HAVE BEEN TRANSLATED;
   (III)  THE  NUMBER  OF  PUBLIC CONTACT POSITIONS IN THE AGENCY AND THE
 NUMBER OF BILINGUAL EMPLOYEES  IN  PUBLIC  CONTACT  POSITIONS,  AND  THE
 LANGUAGES SUCH EMPLOYEES SPEAK;
   (IV)  A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND TRAIN-
 ING IN HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (V) A PLAN FOR ANNUAL INTERNAL MONITORING OF THE  AGENCY'S  COMPLIANCE
 WITH THIS SECTION;
   (VI)  A  DESCRIPTION OF HOW THE AGENCY INTENDS TO NOTIFY THE PUBLIC OF
 THE AGENCY'S OFFERED LANGUAGE ASSISTANT SERVICES;
   (VII) AN ASSESSMENT OF THE AGENCY'S SERVICE POPULATIONS  TO  DETERMINE
 WHETHER  ADDITIONAL  LANGUAGES OF TRANSLATION SHOULD BE ADDED BEYOND THE
 TOP TEN LANGUAGES;
   (VIII) AN EXPLANATION AS TO HOW THE AGENCY DETERMINED IT WOULD PROVIDE
 ANY ADDITIONAL LANGUAGE BEYOND THE TOP TEN LANGUAGES  REQUIRED  BY  THIS
 SECTION;
   (IX) IF DIRECT PUBLIC SERVICES ARE PROVIDED ON BEHALF OF THE AGENCY BY
 LOCAL  GOVERNMENTS,  THE  EXTENT TO WHICH TRANSLATION AND INTERPRETATION
 SERVICES ARE PROVIDED BY SUCH LOCAL GOVERNMENTS AND ALL EFFORTS  BY  THE
 AGENCY  TO  ENSURE  THAT  SUCH  DIRECT  PUBLIC  SERVICES ARE PROVIDED IN
 COMPLIANCE WITH THIS SECTION; AND
   (X) THE IDENTITY OF THE AGENCY'S LANGUAGE ACCESS COORDINATOR.
   5. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL:
   A. PROVIDE INTERPRETATION SERVICES BETWEEN THE AGENCY AND AN  INDIVID-
 UAL  IN EACH INDIVIDUAL'S PRIMARY LANGUAGE WITH RESPECT TO THE PROVISION
 OF SERVICES OR BENEFITS BY THE AGENCY; AND
   B. PUBLISH THE AGENCY'S LANGUAGE ACCESS PLAN ON SUCH AGENCY'S WEBSITE.
   6. FOR PURPOSES OF THIS SECTION, "VITAL DOCUMENT" MEANS ANY  PAPER  OR
 DIGITAL  DOCUMENT THAT CONTAINS INFORMATION THAT IS CRITICAL FOR OBTAIN-
 ING AGENCY SERVICES OR BENEFITS OR IS OTHERWISE REQUIRED TO BE COMPLETED
 BY LAW.
   7. THE DIVISION OF LANGUAGE ACCESS SERVICES SHALL SOLICIT  AND  REVIEW
 COMMUNITY  FEEDBACK  ON  THE  PROVISION  OF LANGUAGE ACCESS SERVICES AND
 SERVE AS A CLEARINGHOUSE ON AGENCIES'  CAPACITIES  TO  PROVIDE  LANGUAGE
 ACCESS SERVICES, AND SHALL WORK WITH AGENCY LANGUAGE ACCESS COORDINATORS
 TO DEVELOP IMPROVEMENTS IN THE STATE'S LANGUAGE ACCESS EFFORTS.
   8.  THE OFFICE OF GENERAL SERVICES AND THE DIVISION OF LANGUAGE ACCESS
 SERVICES SHALL ENSURE AGENCY COMPLIANCE  WITH  THIS  SECTION  AND  SHALL
 PREPARE  AN  ANNUAL  REPORT, WHICH SHALL BE MADE PUBLIC ON THE OFFICE OF
 GENERAL SERVICES' WEBSITE, DETAILING EACH AGENCY'S PROGRESS AND  COMPLI-
 ANCE WITH THIS SECTION.
   § 2. This act shall take effect July 1, 2022.