NY State Senate Bill 2021-S5236B

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2022	referred to governmental operations delivered to assembly passed senate
Mar 01, 2022	amended on third reading 5236b
Jan 24, 2022	advanced to third reading
Jan 20, 2022	2nd report cal.
Jan 19, 2022	1st report cal.263
Jan 06, 2022	print number 5236a
Jan 06, 2022	amend and recommit to finance
Jan 05, 2022	referred to finance returned to senate died in assembly
Jun 07, 2021	referred to governmental operations delivered to assembly passed senate
Jun 03, 2021	ordered to third reading cal.1490 committee discharged and committed to rules
Feb 26, 2021	referred to finance

Votes

- Mar 15, 2022 - Floor Vote
  S5236B
  
  45
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 15, 2022
      
      aye (45)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Stec
      
      Tedisco
      
      Weik
  Jan 19, 2022 - Finance Committee Vote
  S5236B
  
  18
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jan 19, 2022
      
      aye (18)
      
      Bailey
      
      Breslin
      
      Comrie
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Parker
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Savino
      
      Serino
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (5)
      
      Borrello
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Tedisco

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2021-S5236 - Details

See Assembly Version of this Bill:: A7428
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Add Art 49-C §§996 & 996-a, Exec L; add Art 9 Title 13 §§2988 & 2988-a, Pub Auth L; add Art 24-A §§950 & 951, County L
Versions Introduced in 2021-2022 Legislative Session:: S5236, A7428

2021-S5236 - Summary

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.

2021-S5236 - Sponsor Memo

                                
 
BILL NUMBER: S5236             Revised 3/22/2021

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to further expand language access in New York
State SUMMARY OF PROVISIONS:

Section 1. Explains the current necessity for expanded language access
in the forms of document translation and interpretation of government
services and resources as New York's immigrant population continues to
grow

Section 2. Amends the executive law by adding new article 49-c estab-
lishing the provisions of language access expansion with subsections 1-5
of section 996 of the executive law specifying the following:

Subsection 1. Explains the language access requirements of state agen-
cies who provide direct public services

Subsection 2. Sets the additional translation requirement established by
article eleven of the economic development law

Subsection 3. Sets the requirement that the list of most common
languages be updated biannually based on the census bureau's American
community survey

Subsection 4. Sets the requirement that each agency shall provide inter-
pretation services in the primary language of the individual in the
provision of services or benefits

Subsection 5. Sets the language access plan publishing process and
protocol

Section 3. Amends article 9 by adding a new title 13 establishing the
provisions of language access expansion with subsections 1-4 of section
2988 of the public authorities law specifying the following:  Subsection
1. Explains the language access requirements of state agencies who
provide direct public services Subsection 2. Sets the requirement that
the list of most common languages be updated at least biannually based
on the most recent census bureau's American community survey Subsection
3. Sets the requirement that each agency shall provide interpretation
services in the primary language of the individual in the provision of
services or benefits Subsection 4. Sets the language access plan
publishing process and protocol

Section 4. Amends the county law by adding a new article 24-A establish-
ing the provisions of language access expansion with subsections 1-4 of
section 950 of the county law specifying the following:

Subsection 1. Sets the requirement that political entities are to trans-
late vital documents in the twelve most common languages of the state
within the past five years
Subsection 2. Sets the potentiality for the addition of languages

Subsection 3. Sets the requirement that the list of most common
languages be updated at least biannually based on the most recent census
bureau's American community survey

Subsection 4. Sets the requirement that each agency shall provide inter-
pretation services in the primary language of the individual in the
provision of services or benefits

Section 5. Sets the effective date

 
JUSTIFICATION:

Although New York State took the prior initiative toward expanding
language access in Governor Cuomo's Executive Order No. 26 in 2011,
which ordered all executive state agencies to translate vital documents
to 6 statewide languages, the lack of language access remains one of the
most significant barriers that New York's immigrant communities face
when trying to access critical state services. The necessity engendered
by this issue has been made more apparent with the ongoing COVID-19
pandemic, as only 6 of the most common languages spoken by individuals
with limited english proficiency (LEPs) are currently covered by Gover-
nor Cuomo's 2011 executive order. Expanding this to 12 languages would
be a much needed inclusive measure in overloaded agencies such as the
Department of Motor Vehicles and the Department of Education, which
immigrant populations often struggle to navigate.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5236 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5236
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 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:
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds that as New York's immigrant population continues to grow, inabil-
 ity to access documents translated into languages that community members
 read  and  lack  of  interpretation of government services and resources
 into languages that community members speak are major  barriers  to  the
 advancement  of the state's immigrant population. However, currently New
 York only requires translation services into six languages, based on  an
 Executive  Order signed in 2011, leaving many New Yorkers without access
 to translation in languages they speak, and  none  of  the  current  six
 languages  are widely spoken among immigrants from the African continent
 or the Middle East. Translation is also only mandatory in a  handful  of
 executive specific agencies, instead of across all subdivisions of state
 and county government. The legislature believes language access improves
 the  lives  of  immigrants  by  increasing opportunities for employment,
 business ownership, and other vital services, while making staff time at
 state agencies and authorities more efficient,  benefiting  all  of  New
 York.
   § 2. The executive law is amended by adding a new article 49-C to read
 as follows:
                               ARTICLE 49-C
                              LANGUAGE ACCESS
 SECTION 996. LANGUAGE ACCESS.
   §  996.  LANGUAGE  ACCESS.  1.  EACH STATE AGENCY THAT PROVIDES DIRECT
 PUBLIC SERVICES SHALL TRANSLATE  VITAL  DOCUMENTS,  INCLUDING  ESSENTIAL

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09702-01-1

 S. 5236                             2
 
 PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED TO OR COMPLETED
 BY  PROGRAM  BENEFICIARIES  OR  PARTICIPANTS.  SUCH TRANSLATION SHALL BE
 AVAILABLE 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.
   2. EACH SUCH AGENCY SHALL ADDITIONALLY MAKE SUCH  TRANSLATIONS  AVAIL-
 ABLE  WITHIN  EACH REGION OF THE STATE, AS ESTABLISHED BY ARTICLE ELEVEN
 OF THE ECONOMIC DEVELOPMENT LAW, IN THE THREE  MOST  COMMON  NON-ENGLISH
 LANGUAGES  WHICH ARE SPOKEN IN THAT REGION BY LIMITED ENGLISH PROFICIENT
 IMMIGRANTS OF FIVE YEARS OR LESS, ACCORDING TO  THE  AMERICAN  COMMUNITY
 SURVEY,  AS  PUBLISHED BY THE UNITED STATES CENSUS BUREAU, WHICH ARE NOT
 ALREADY INCLUDED AMONG THE TWELVE LANGUAGES SPECIFIED IN SUBDIVISION ONE
 OF THIS SECTION.
   3. THE LIST OF MOST COMMON LANGUAGES SHALL BE UPDATED EVERY TWO YEARS,
 BASED ON THE MOST RECENT AMERICAN COMMUNITY SURVEY DATA, AS PUBLISHED BY
 THE UNITED STATES CENSUS BUREAU.
   4. EACH AGENCY SHALL PROVIDE INTERPRETATION SERVICES BETWEEN THE AGEN-
 CY AND AN INDIVIDUAL IN THEIR  PRIMARY  LANGUAGE  WITH  RESPECT  TO  THE
 PROVISION OF SERVICES OR BENEFITS.
   5.  WITHIN  NINETY  DAYS  OF  THE EFFECTIVE DATE OF THIS SECTION, EACH
 AGENCY SHALL PUBLICLY PUBLISH A LANGUAGE ACCESS PLAN WHICH REFLECTS  HOW
 THE  AGENCY  WILL  COMPLY  WITH THE LANGUAGE ACCESS REQUIREMENTS OF THIS
 SECTION, AND SHALL SET FORTH, AT A MINIMUM:
   (A) WHEN AND BY WHAT MEANS THE  AGENCY  WILL  PROVIDE  OR  IS  ALREADY
 PROVIDING LANGUAGE ACCESS SERVICES;
   (B) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   (C)  THE  NUMBER  OF  PUBLIC  CONTACT  POSITIONS IN THE AGENCY AND THE
 NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING  THE
 LANGUAGE THEY SPEAK;
   (D) A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT A MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND HOW TO
 PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (E)  A  PLAN  OF  HOW  THE  AGENCY INTENDS TO NOTIFY THE POPULATION OF
 OFFERED LANGUAGE ASSISTANT SERVICES; AND
   (F) A LANGUAGE ACCESS COORDINATOR AT THE AGENCY, WHO SHALL BE PUBLICLY
 IDENTIFIED.
   § 3. Article 9 of the public authorities law is amended  by  adding  a
 new title 13 to read as follows:
                                 TITLE 13
                              LANGUAGE ACCESS
 SECTION 2988. LANGUAGE ACCESS.
   §  2988. LANGUAGE ACCESS. 1. EACH STATE AUTHORITY THAT PROVIDES DIRECT
 PUBLIC SERVICES SHALL TRANSLATE  VITAL  DOCUMENTS,  INCLUDING  ESSENTIAL
 PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED TO OR COMPLETED
 BY  PROGRAM  BENEFICIARIES  OR  PARTICIPANTS.  THE  TRANSLATION SHALL BE
 AVAILABLE IN THE TWELVE MOST  COMMON  NON-ENGLISH  LANGUAGES  SPOKEN  BY
 INDIVIDUALS  WITH  LIMITED-ENGLISH  PROFICIENCY  IN THE STATE WITHIN THE
 PAST FIVE YEARS, BASED ON THE AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY
 THE UNITED STATES CENSUS BUREAU, AND RELEVANT  TO  SERVICES  OFFERED  BY
 SUCH AGENCY.
   2.  THE  LIST  OF  MOST COMMON LANGUAGES SHALL BE UPDATED NO LESS THAN
 EVERY TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION,  BASED  ON  THE
 MOST RECENT AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES
 CENSUS BUREAU.

 S. 5236                             3
 
   3.  EACH  SUCH AUTHORITY SHALL PROVIDE INTERPRETATION SERVICES BETWEEN
 THE AGENCY AND AN INDIVIDUAL IN HIS OR HER PRIMARY LANGUAGE WITH RESPECT
 TO THE PROVISION OF SERVICES OR BENEFITS.
   4. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EACH SUCH
 AUTHORITY  SHALL  PUBLISH  A LANGUAGE ACCESS PLAN WHICH REFLECTS HOW THE
 AGENCY WILL COMPLY WITH THE LANGUAGE  ACCESS  REQUIREMENTS  PURSUANT  TO
 THIS SECTION, AND SHALL SET FORTH, AT A MINIMUM:
   A.  WHEN  AND  BY  WHAT MEANS THE AUTHORITY WILL PROVIDE OR IS ALREADY
 PROVIDING LANGUAGE ACCESS SERVICES;
   B. THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE  LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   C.  THE  NUMBER  OF  PUBLIC CONTACT POSITIONS IN THE AUTHORITY AND THE
 NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING  THE
 LANGUAGE THEY SPEAK;
   D.  A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT A MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AUTHORITY AND HOW
 TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
   E. A PLAN OF HOW THE  AGENCY  INTENDS  TO  NOTIFY  THE  POPULATION  OF
 OFFERED LANGUAGE ASSISTANT SERVICES; AND
   F.  A  LANGUAGE  ACCESS  COORDINATOR  AT  THE  AUTHORITY, WHO SHALL BE
 PUBLICLY IDENTIFIED.
   § 4. The county law is amended by adding a new article 24-A to read as
 follows:
                               ARTICLE 24-A
                              LANGUAGE ACCESS
 SECTION 950. LANGUAGE ACCESS.
   § 950. LANGUAGE ACCESS. 1. EVERY POLITICAL ENTITY  OF  A  COUNTY  THAT
 PROVIDES DIRECT PUBLIC SERVICES SHALL TRANSLATE VITAL DOCUMENTS, INCLUD-
 ING  ESSENTIAL  PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED
 TO OR COMPLETED BY PROGRAM BENEFICIARIES  OR  PARTICIPANTS.  THE  TRANS-
 LATION  SHALL  BE  AVAILABLE  IN  THE  TWELVE  MOST  COMMON  NON-ENGLISH
 LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY IN  THE
 STATE  WITHIN  THE  PAST  FIVE  YEARS,  BASED  ON THE AMERICAN COMMUNITY
 SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU, AND RELEVANT TO
 SERVICES OFFERED BY EACH OF SUCH AGENCIES.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 A  COUNTY MAY ADD ADDITIONAL LANGUAGES AS NECESSARY TO ACCOMMODATE LOCAL
 VARIANCES FROM STATEWIDE LANGUAGES, PROVIDED SUCH  LANGUAGES  ARE  ADDED
 AFTER PUBLIC NOTICE AND OPPORTUNITY TO COMMENT.
   3.  THE  LIST  OF  MOST COMMON LANGUAGES SHALL BE UPDATED NO LESS THAN
 EVERY TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION,  BASED  ON  THE
 MOST RECENT AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES
 CENSUS  BUREAU, AND ANY ADDITIONAL LANGUAGES SUCH COUNTY SHALL CHOOSE TO
 SELECT.
   4. EACH SUCH POLITICAL ENTITY OF A COUNTY SHALL PROVIDE INTERPRETATION
 SERVICES BETWEEN THE ENTITY AND AN INDIVIDUAL  IN  HIS  OR  HER  PRIMARY
 LANGUAGE WITH RESPECT TO THE PROVISION OF SERVICES OR BENEFITS.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S5236A - Details

See Assembly Version of this Bill:: A7428
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Add Art 49-C §§996 & 996-a, Exec L; add Art 9 Title 13 §§2988 & 2988-a, Pub Auth L; add Art 24-A §§950 & 951, County L
Versions Introduced in 2021-2022 Legislative Session:: S5236, A7428

2021-S5236A - Summary

2021-S5236A - Sponsor Memo

                                 
BILL NUMBER: S5236A

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to further expand language access in New York
State

 
SUMMARY OF PROVISIONS:

Section 1. Explains the current necessity for expanded language access
in the forms of document translation and interpretation of government
services and resources as New York's immigrant population continues to
grow

Section 2. Amends the executive law by adding new article 49-c estab-

lishing the provisions of language access expansion with subsections 1-5
of section 996 of the executive law specifying the following:

Subsection 1. Explains the language access requirements of state agen-
cies who provide direct public services

Subsection 2. Sets the additional translation requirement established by
article eleven of the economic development law

Subsection 3. Sets the requirement that the list of most common
languages be updated biannually based on the census bureau's American
community survey

Subsection 4. Sets the requirement that each agency shall provide inter-
pretation services in the primary language of the individual in the
provision of services or benefits

Subsection 5. Sets the language access plan publishing process and
protocol

Section 3. Amends article 9 by adding a new title 13 establishing the
provisions of language access expansion with subsections 1-4 of section
2988 of the public authorities law specifying the following:

Subsection 1. Explains the language access requirements of state agen-
cies who provide direct public services Subsection 2. Sets the require-
ment that the list of most common languages be updated at least biannu-
ally based on the most recent census bureau's American community survey
Subsection 3. Sets the requirement that each agency shall provide inter-
pretation services in the primary language of the individual in the
provision of services or benefits Subsection 4.  Sets the language
access plan publishing process and protocol

Section 4. Amends the county law by adding a new article 24-A establish-
ing the provisions of language access expansion with subsections 1-4 of
section 950 of the county law specifying the following:

Subsection 1. Sets the requirement that political entities are to trans-
late vital documents in the twelve most common languages of the state
within the past five years

Subsection 2. Sets the potentiality for the addition of languages

Subsection 3. Sets the requirement that the list of most common
languages be updated at least biannually based on the most recent census
bureau's American community survey

Subsection 4. Sets the requirement that each agency shall provide inter-
pretation services in the primary language of the individual in the
provision of services or benefits

Section 5. Sets the effective date

 
JUSTIFICATION:

Although New York State took the prior initiative toward expanding
language access in Governor Cuomo's Executive Order No. 26 in 2011,which
ordered all executive state agencies to translate vital documents to 6
statewide languages, the lack of language access remains one of the most
significant barriers that New York's immigrant communities face when
trying to access critical state services. The necessity engendered by
this issue has been made more apparent with the ongoing COVID-19 pandem-
ic, as only 6 of the most common languages spoken by individuals with
limited English proficiency (LEPs) are currently covered by Governor
Cuomo's 2011 executive order. Expanding this to 12 languages would be a
much needed inclusive measure in overloaded agencies such as the Depart-
ment of Motor Vehicles and the Department of Education, which immigrant
populations often struggle to navigate.

 
PRIOR LEGISLATIVE HISTORY:

S. 5236 (2020): Passed Senate

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5236A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5236--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced by Sens. KENNEDY, BIAGGI, GOUNARDES, HARCKHAM, HOYLMAN, JACK-
   SON,  LIU, RIVERA, RYAN, THOMAS -- read twice and ordered printed, and
   when printed to be committed to the Committee on Finance --  recommit-
   ted to the Committee on Finance in accordance with Senate Rule 6, sec.
   8  -- committee discharged, bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 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:
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds that as New York's immigrant population continues to grow, inabil-
 ity to access documents translated into languages that community members
 read  and  lack  of  interpretation of government services and resources
 into languages that community members speak are major  barriers  to  the
 advancement  of the state's immigrant population. However, currently New
 York only requires translation services into six languages, based on  an
 Executive  Order signed in 2011, leaving many New Yorkers without access
 to translation in languages they speak, and  none  of  the  current  six
 languages  are widely spoken among immigrants from the African continent
 or the Middle East. Translation is also only mandatory in a  handful  of
 executive specific agencies, instead of across all subdivisions of state
 and county government. The legislature believes language access improves
 the  lives  of  immigrants  by  increasing opportunities for employment,
 business ownership, and other vital services, while making staff time at
 state agencies and authorities more efficient,  benefiting  all  of  New
 York.
   § 2. The executive law is amended by adding a new article 49-C to read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09702-03-1
 S. 5236--A                          2

 
                               ARTICLE 49-C
                              LANGUAGE ACCESS
 SECTION 996. LANGUAGE ACCESS.
   §  996.  LANGUAGE  ACCESS.  1.  EACH STATE AGENCY THAT PROVIDES DIRECT
 PUBLIC SERVICES SHALL TRANSLATE  VITAL  DOCUMENTS,  INCLUDING  ESSENTIAL
 PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED TO OR COMPLETED
 BY  PROGRAM  BENEFICIARIES  OR  PARTICIPANTS.  SUCH TRANSLATION SHALL BE
 AVAILABLE 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.
   2. EACH SUCH AGENCY SHALL ADDITIONALLY MAKE SUCH  TRANSLATIONS  AVAIL-
 ABLE  WITHIN  EACH REGION OF THE STATE, AS ESTABLISHED BY ARTICLE ELEVEN
 OF THE ECONOMIC DEVELOPMENT LAW, IN THE THREE  MOST  COMMON  NON-ENGLISH
 LANGUAGES  WHICH ARE SPOKEN IN THAT REGION BY LIMITED ENGLISH PROFICIENT
 IMMIGRANTS OF FIVE YEARS OR LESS, ACCORDING TO  THE  AMERICAN  COMMUNITY
 SURVEY,  AS  PUBLISHED BY THE UNITED STATES CENSUS BUREAU, WHICH ARE NOT
 ALREADY INCLUDED AMONG THE TWELVE LANGUAGES SPECIFIED IN SUBDIVISION ONE
 OF THIS SECTION.
   3. THE LIST OF MOST COMMON LANGUAGES SHALL BE UPDATED EVERY TWO YEARS,
 BASED ON THE MOST RECENT AMERICAN COMMUNITY SURVEY DATA, AS PUBLISHED BY
 THE UNITED STATES CENSUS BUREAU.
   4. EACH AGENCY SHALL PROVIDE INTERPRETATION SERVICES BETWEEN THE AGEN-
 CY AND AN INDIVIDUAL IN THEIR  PRIMARY  LANGUAGE  WITH  RESPECT  TO  THE
 PROVISION OF SERVICES OR BENEFITS.
   5.  WITHIN  NINETY  DAYS  OF  THE EFFECTIVE DATE OF THIS SECTION, EACH
 AGENCY SHALL PUBLICLY PUBLISH A LANGUAGE ACCESS PLAN WHICH REFLECTS  HOW
 THE  AGENCY  WILL  COMPLY  WITH THE LANGUAGE ACCESS REQUIREMENTS OF THIS
 SECTION, AND SHALL SET FORTH, AT A MINIMUM:
   (A) WHEN AND BY WHAT MEANS THE  AGENCY  WILL  PROVIDE  OR  IS  ALREADY
 PROVIDING LANGUAGE ACCESS SERVICES;
   (B) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   (C)  THE  NUMBER  OF  PUBLIC  CONTACT  POSITIONS IN THE AGENCY AND THE
 NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING  THE
 LANGUAGES THEY SPEAK;
   (D) A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT A MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND HOW TO
 PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (E)  A  PLAN  OF  HOW  THE  AGENCY INTENDS TO NOTIFY THE POPULATION OF
 OFFERED LANGUAGE ASSISTANCE SERVICES; AND
   (F) A LANGUAGE ACCESS COORDINATOR AT THE AGENCY, WHO SHALL BE PUBLICLY
 IDENTIFIED.
   § 3. Article 9 of the public authorities law is amended  by  adding  a
 new title 13 to read as follows:
                                 TITLE 13
                              LANGUAGE ACCESS
 SECTION 2988. LANGUAGE ACCESS.
   §  2988. LANGUAGE ACCESS. 1. EACH STATE AUTHORITY THAT PROVIDES DIRECT
 PUBLIC SERVICES SHALL TRANSLATE  VITAL  DOCUMENTS,  INCLUDING  ESSENTIAL
 PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED TO OR COMPLETED
 BY  PROGRAM  BENEFICIARIES  OR  PARTICIPANTS.  THE  TRANSLATION SHALL BE
 AVAILABLE IN THE TWELVE MOST  COMMON  NON-ENGLISH  LANGUAGES  SPOKEN  BY
 INDIVIDUALS  WITH  LIMITED  ENGLISH  PROFICIENCY IN THE STATE WITHIN THE
 PAST FIVE YEARS, BASED ON THE AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY
 S. 5236--A                          3

 THE UNITED STATES CENSUS BUREAU, AND RELEVANT  TO  SERVICES  OFFERED  BY
 SUCH AGENCY.
   2.  EACH  SUCH AUTHORITY SHALL MAKE SUCH TRANSLATIONS AVAILABLE WITHIN
 EACH REGION OF THE STATE,  AS  ESTABLISHED  BY  ARTICLE  ELEVEN  OF  THE
 ECONOMIC DEVELOPMENT LAW, IN THE THREE MOST COMMON NON-ENGLISH LANGUAGES
 WHICH ARE SPOKEN IN THAT REGION BY LIMITED ENGLISH PROFICIENT IMMIGRANTS
 OF  FIVE  YEARS  OR LESS, ACCORDING TO THE AMERICAN COMMUNITY SURVEY, AS
 PUBLISHED BY THE UNITED STATES CENSUS  BUREAU,  WHICH  ARE  NOT  ALREADY
 INCLUDED AMONG THE TWELVE LANGUAGES SPECIFIED IN SUBDIVISION ONE OF THIS
 SECTION.
   3.  THE  LIST  OF  MOST COMMON LANGUAGES SHALL BE UPDATED NO LESS THAN
 EVERY TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION,  BASED  ON  THE
 MOST RECENT AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES
 CENSUS BUREAU.
   4.  EACH  SUCH AUTHORITY SHALL PROVIDE INTERPRETATION SERVICES BETWEEN
 THE AGENCY AND AN INDIVIDUAL IN HIS OR HER PRIMARY LANGUAGE WITH RESPECT
 TO THE PROVISION OF SERVICES OR BENEFITS.
   5. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EACH SUCH
 AUTHORITY SHALL PUBLISH A LANGUAGE ACCESS PLAN WHICH  REFLECTS  HOW  THE
 AGENCY  WILL  COMPLY  WITH  THE LANGUAGE ACCESS REQUIREMENTS PURSUANT TO
 THIS SECTION, AND SHALL SET FORTH, AT A MINIMUM:
   A. WHEN AND BY WHAT MEANS THE AUTHORITY WILL  PROVIDE  OR  IS  ALREADY
 PROVIDING LANGUAGE ACCESS SERVICES;
   B.  THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   C. THE NUMBER OF PUBLIC CONTACT POSITIONS IN  THE  AUTHORITY  AND  THE
 NUMBER  OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING THE
 LANGUAGES THEY SPEAK;
   D. A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT A  MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AUTHORITY AND HOW
 TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
   E.  A  PLAN  OF  HOW  THE  AGENCY  INTENDS TO NOTIFY THE POPULATION OF
 OFFERED LANGUAGE ASSISTANCE SERVICES; AND
   F. A LANGUAGE ACCESS  COORDINATOR  AT  THE  AUTHORITY,  WHO  SHALL  BE
 PUBLICLY IDENTIFIED.
   § 4. The county law is amended by adding a new article 24-A to read as
 follows:
                               ARTICLE 24-A
                              LANGUAGE ACCESS
 SECTION 950. LANGUAGE ACCESS.
   §  950.  LANGUAGE  ACCESS.  1. EVERY POLITICAL ENTITY OF A COUNTY THAT
 PROVIDES DIRECT PUBLIC SERVICES SHALL TRANSLATE VITAL DOCUMENTS, INCLUD-
 ING ESSENTIAL PUBLIC DOCUMENTS SUCH AS FORMS AND  INSTRUCTIONS  PROVIDED
 TO  OR  COMPLETED  BY  PROGRAM BENEFICIARIES OR PARTICIPANTS. THE TRANS-
 LATION  SHALL  BE  AVAILABLE  IN  THE  TWELVE  MOST  COMMON  NON-ENGLISH
 LANGUAGES  SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY IN THE
 STATE WITHIN THE PAST  FIVE  YEARS,  BASED  ON  THE  AMERICAN  COMMUNITY
 SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU, AND RELEVANT TO
 SERVICES OFFERED BY EACH OF SUCH AGENCIES.
   2. EACH SUCH POLITICAL ENTITY OF A COUNTY SHALL MAKE SUCH TRANSLATIONS
 AVAILABLE  WITHIN  EACH  REGION  OF THE STATE, AS ESTABLISHED BY ARTICLE
 ELEVEN OF THE ECONOMIC DEVELOPMENT LAW, IN THE THREE  MOST  COMMON  NON-
 ENGLISH  LANGUAGES  WHICH  ARE  SPOKEN IN THAT REGION BY LIMITED ENGLISH
 PROFICIENT IMMIGRANTS OF FIVE YEARS OR LESS, ACCORDING TO  THE  AMERICAN
 COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU, WHICH
 S. 5236--A                          4
 
 ARE  NOT ALREADY INCLUDED AMONG THE TWELVE LANGUAGES SPECIFIED IN SUBDI-
 VISION ONE OF THIS SECTION.
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 A COUNTY MAY ADD ADDITIONAL LANGUAGES AS NECESSARY TO ACCOMMODATE  LOCAL
 VARIANCES  FROM  STATEWIDE  LANGUAGES, PROVIDED SUCH LANGUAGES ARE ADDED
 AFTER PUBLIC NOTICE AND OPPORTUNITY TO COMMENT.
   4. THE LIST OF MOST COMMON LANGUAGES SHALL BE  UPDATED  NO  LESS  THAN
 EVERY  TWO  YEARS  FROM THE EFFECTIVE DATE OF THIS SECTION, BASED ON THE
 MOST RECENT AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES
 CENSUS BUREAU, AND ANY ADDITIONAL LANGUAGES SUCH COUNTY SHALL CHOOSE  TO
 SELECT.
   5. EACH SUCH POLITICAL ENTITY OF A COUNTY SHALL PROVIDE INTERPRETATION
 SERVICES  BETWEEN  THE  ENTITY  AND  AN INDIVIDUAL IN HIS OR HER PRIMARY
 LANGUAGE WITH RESPECT TO THE PROVISION OF SERVICES OR BENEFITS.
   6. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EACH SUCH
 POLITICAL ENTITY OF A COUNTY SHALL PUBLISH A LANGUAGE ACCESS PLAN  WHICH
 REFLECTS  HOW  THE POLITICAL ENTITY WILL COMPLY WITH THE LANGUAGE ACCESS
 REQUIREMENTS PURSUANT TO THIS SECTION, AND SHALL SET FORTH, AT  A  MINI-
 MUM:
   (A)  WHEN  AND  BY WHAT MEANS THE POLITICAL ENTITY SHALL PROVIDE OR IS
 ALREADY PROVIDING LANGUAGE ACCESS SERVICES;
   (B) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   (C) THE NUMBER OF PUBLIC CONTACT POSITIONS IN THE POLITICAL ENTITY AND
 THE NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS  INCLUDING
 THE LANGUAGES THEY SPEAK;
   (D)  A  TRAINING PLAN FOR AGENCY EMPLOYEES, WHICH INCLUDES, AT A MINI-
 MUM, ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES  OF  THE  POLITICAL
 ENTITY AND HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (E)  A  PLAN  OF  HOW THE POLITICAL ENTITY INTENDS TO NOTIFY THE POPU-
 LATION OF OFFERED LANGUAGE ASSISTANCE SERVICES; AND
   (F) A LANGUAGE ACCESS COORDINATOR AT THE POLITICAL ENTITY,  WHO  SHALL
 BE PUBLICLY IDENTIFIED.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S5236B (ACTIVE) - Details

See Assembly Version of this Bill:: A7428
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Add Art 49-C §§996 & 996-a, Exec L; add Art 9 Title 13 §§2988 & 2988-a, Pub Auth L; add Art 24-A §§950 & 951, County L
Versions Introduced in 2021-2022 Legislative Session:: S5236, A7428

2021-S5236B (ACTIVE) - Summary

2021-S5236B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5236B

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to further expand language access in New York
State

 
SUMMARY OF PROVISIONS:

Section 1. Explains the current necessity for expanded language access
in the forms of document translation and interpretation of government
services and resources as New York's immigrant population continues to
grow

Section 2. Amends the executive law by adding new article 49-c estab-

lishing the provisions of language access expansion with subsections 1-5
of section 996 of the executive law specifying the following:

Subsection 1. Explains the language access requirements of state agen-
cies who provide direct public services

Subsection 2. Sets the additional translation requirement established by
article eleven of the economic development law

Subsection 3. Sets the requirement that the list of most common
languages be updated biannually based on the census bureau's American
community survey

Subsection 4. Sets the requirement that each agency shall provide inter-
pretation services in the primary language of the individual in the
provision of services or benefits

Subsection 5. Sets the language access plan publishing process and
Protocol

Section 3. Amends article 9 by adding a new title 13 establishing the
provisions of language access expansion with subsections 1-4 of section
2988 of the public authorities law specifying the following:

Subsection 1. Explains the language access requirements of state agen-
cies who provide direct public services Subsection 2. Sets the require-
ment that the list of most common languages be updated at least biannu-
ally based on the most recent census bureau's American community survey

Subsection 3. Sets the requirement that each agency shall provide inter-
pretation services in the primary language of the individual in the
provision of services or benefits Subsection 4. Sets the language access
plan publishing process and protocol

Section 4. Amends the county law by adding a new article 24-A establish-
ing the provisions of language access expansion with subsections 1-4 of
section 950 of the county law specifying the following:
Subsection 1. Sets the requirement that political entities are to trans-
late vital documents in the twelve most common languages of the state
within the past five years

Subsection 2. Sets the potentiality for the addition of languages

Subsection 3. Sets the requirement that the list of most common
languages be updated at least biannually based on the most recent census
bureau's American community survey

Subsection 4. Sets the requirement that each agency shall provide inter-
pretation services in the primary language of the individual in the
provision of services or benefits

Section 5. Sets the effective date

 
JUSTIFICATION:

Although New York State took the prior initiative toward expanding
language access in Governor Cuomo's Executive Order No. 26 in 2011,which
ordered all executive state agencies to translate vital documents to 6
statewide languages, the lack of language access remains one of the
significant barriers that New York's immigrant communities face when
trying to access critical state services. The necessity engendered by
this issue has been made more apparent with the ongoing COVID-19 pandem-
ic, as only 6 of the most common languages spoken by individuals with
limited English proficiency (LEPs) are currently covered by Governor
Cuomo's 2011 executive order. Expanding this to 12 languages and ASL
would be a much needed inclusive measure in overloaded agencies such as
the Department of Motor Vehicles and the Department of Education, which
immigrant populations often struggle to navigate.

 
PRIOR LEGISLATIVE HISTORY:

S. 5236 (2020): Passed Senate

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5236B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5236--B
     Cal. No. 263
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sens. KENNEDY, BIAGGI, BROUK, GOUNARDES, HARCKHAM, HOYL-
   MAN, JACKSON, KAPLAN, LIU, MAY, RAMOS, RIVERA, RYAN,  THOMAS  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Finance -- recommitted to the  Committee  on  Finance  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  reported  favorably from said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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:
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds that as New York's immigrant population continues to grow, inabil-
 ity to access documents translated into languages that community members
 read and lack of interpretation of  government  services  and  resources
 into  languages  that  community members speak are major barriers to the
 advancement of the  state's  immigrant  population.  However,  currently
 language  access  in  New  York  is  based  on  an Executive Order which
 mandates translation into the  same  ten  languages  across  the  entire
 state, failing to account for significant differences in immigrant popu-
 lations across New York's regions. Translation is also only mandatory in
 a handful of executive specific agencies, instead of across all subdivi-
 sions  of state and county government. The legislature believes language
 access improves the lives of immigrants by increasing opportunities  for
 employment,  business  ownership, and other vital services, while making
 staff time at state agencies and authorities more efficient,  benefiting
 all of New York.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09702-06-2

 S. 5236--B                          2
 
   § 2. The executive law is amended by adding a new article 49-C to read
 as follows:
                               ARTICLE 49-C
                              LANGUAGE ACCESS
 SECTION 996. LANGUAGE ACCESS.
         996-A. PRIVATE RIGHT OF ACTION.
   §  996.  LANGUAGE  ACCESS.  1.  EACH STATE AGENCY THAT PROVIDES DIRECT
 PUBLIC SERVICES SHALL TRANSLATE  VITAL  DOCUMENTS,  INCLUDING  ESSENTIAL
 PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED TO OR COMPLETED
 BY  PROGRAM  BENEFICIARIES  OR  PARTICIPANTS.  SUCH TRANSLATION SHALL BE
 AVAILABLE IN THE TWELVE MOST  COMMON  NON-ENGLISH  LANGUAGES  SPOKEN  BY
 LIMITED  ENGLISH  PROFICIENT  IMMIGRANTS IN THE STATE WHO ARRIVED WITHIN
 THE LAST FIVE YEARS ACCORDING  TO  THE  AMERICAN  COMMUNITY  SURVEY,  AS
 PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
   2.  EACH  SUCH AGENCY SHALL ADDITIONALLY MAKE SUCH TRANSLATIONS AVAIL-
 ABLE WITHIN EACH REGION OF THE STATE, AS ESTABLISHED BY  ARTICLE  ELEVEN
 OF  THE  ECONOMIC  DEVELOPMENT LAW, IN THE THREE MOST COMMON NON-ENGLISH
 LANGUAGES WHICH ARE SPOKEN IN THAT REGION BY LIMITED ENGLISH  PROFICIENT
 IMMIGRANTS WHO ARRIVED WITHIN THE LAST FIVE YEARS ACCORDING TO THE AMER-
 ICAN  COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU,
 WHICH ARE NOT ALREADY INCLUDED AMONG THE TWELVE LANGUAGES  SPECIFIED  IN
 SUBDIVISION ONE OF THIS SECTION.
   3. THE LIST OF MOST COMMON LANGUAGES SHALL BE UPDATED EVERY TWO YEARS,
 BASED ON THE MOST RECENT AMERICAN COMMUNITY SURVEY DATA, AS PUBLISHED BY
 THE UNITED STATES CENSUS BUREAU.
   4. EACH AGENCY SHALL PROVIDE INTERPRETATION SERVICES BETWEEN THE AGEN-
 CY  AND AN INDIVIDUAL IN THEIR PRIMARY LANGUAGE, INCLUDING AMERICAN SIGN
 LANGUAGE, WITH RESPECT TO THE PROVISION OF SERVICES OR BENEFITS.
   5. WITHIN NINETY DAYS OF THE EFFECTIVE  DATE  OF  THIS  SECTION,  EACH
 AGENCY  SHALL PUBLICLY PUBLISH A LANGUAGE ACCESS PLAN WHICH REFLECTS HOW
 THE AGENCY WILL COMPLY WITH THE LANGUAGE  ACCESS  REQUIREMENTS  OF  THIS
 SECTION, AND SHALL SET FORTH, AT A MINIMUM:
   (A) CORE COMMUNICATION PRINCIPLES WITH RESPECT TO PEOPLE IN THE LIMIT-
 ED ENGLISH PROFICIENT COMMUNITY;
   (B)  WHEN  AND  BY  WHAT  MEANS  THE AGENCY WILL PROVIDE OR IS ALREADY
 PROVIDING LANGUAGE ACCESS SERVICES;
   (C) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   (D) THE NUMBER OF PUBLIC CONTACT  POSITIONS  IN  THE  AGENCY  AND  THE
 NUMBER  OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING THE
 LANGUAGES THEY SPEAK;
   (E) A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT A MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND HOW TO
 PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (F) A PLAN OF HOW THE AGENCY  INTENDS  TO  NOTIFY  THE  POPULATION  OF
 OFFERED LANGUAGE ASSISTANCE SERVICES;
   (G) A LANGUAGE ACCESS COORDINATOR AT THE AGENCY, WHO SHALL BE PUBLICLY
 IDENTIFIED;
   (H)  A  PHONE  NUMBER  OR  EMAIL ADDRESS BY WHICH THE PUBLIC CAN LODGE
 COMPLAINTS AGAINST THE AGENCY FOR NONCOMPLIANCE. SUCH  COMPLAINTS  SHALL
 BE KEPT FOR A MINIMUM OF TWO YEARS; AND
   (I)  MAKE PUBLIC THE NUMBER OF COMPLAINTS DURING A TWELVE MONTH PERIOD
 AGAINST NONCOMPLIANCE AND RESOLUTIONS TO SUCH COMPLAINTS.
   § 996-A. PRIVATE RIGHT OF ACTION. ANY PERSON INJURED BY  NONCOMPLIANCE
 WITH THE PROVISIONS OF THIS ARTICLE MAY BRING AN ACTION TO RECOVER ACTU-
 S. 5236--B                          3
 
 AL DAMAGES SUFFERED. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT
 MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   §  3.  Article  9 of the public authorities law is amended by adding a
 new title 13 to read as follows:
                                 TITLE 13
                              LANGUAGE ACCESS
 SECTION 2988. LANGUAGE ACCESS.
         2988-A. PRIVATE RIGHT OF ACTION.
   § 2988. LANGUAGE ACCESS. 1. EACH STATE AUTHORITY THAT PROVIDES  DIRECT
 PUBLIC  SERVICES  SHALL  TRANSLATE  VITAL DOCUMENTS, INCLUDING ESSENTIAL
 PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED TO OR COMPLETED
 BY PROGRAM BENEFICIARIES  OR  PARTICIPANTS.  THE  TRANSLATION  SHALL  BE
 AVAILABLE  IN  THE  TWELVE  MOST  COMMON NON-ENGLISH LANGUAGES SPOKEN BY
 LIMITED ENGLISH PROFICIENT IMMIGRANTS IN THE STATE  WHO  ARRIVED  WITHIN
 THE  LAST  FIVE  YEARS  ACCORDING  TO  THE AMERICAN COMMUNITY SURVEY, AS
 PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
   2. EACH SUCH AUTHORITY SHALL MAKE SUCH TRANSLATIONS  AVAILABLE  WITHIN
 EACH  REGION  OF  THE  STATE,  AS  ESTABLISHED  BY ARTICLE ELEVEN OF THE
 ECONOMIC DEVELOPMENT LAW, IN THE THREE MOST COMMON NON-ENGLISH LANGUAGES
 WHICH ARE SPOKEN IN THAT REGION BY LIMITED ENGLISH PROFICIENT IMMIGRANTS
 WHO ARRIVED WITHIN THE LAST FIVE YEARS ACCORDING TO THE AMERICAN  COMMU-
 NITY  SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU, WHICH ARE
 NOT ALREADY INCLUDED AMONG THE TWELVE LANGUAGES SPECIFIED IN SUBDIVISION
 ONE OF THIS SECTION.
   3. THE LIST OF MOST COMMON LANGUAGES SHALL BE  UPDATED  NO  LESS  THAN
 EVERY  TWO  YEARS  FROM THE EFFECTIVE DATE OF THIS SECTION, BASED ON THE
 MOST RECENT AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES
 CENSUS BUREAU.
   4. EACH SUCH AUTHORITY SHALL PROVIDE INTERPRETATION  SERVICES  BETWEEN
 THE  AGENCY  AND AN INDIVIDUAL IN HIS OR HER PRIMARY LANGUAGE, INCLUDING
 AMERICAN SIGN LANGUAGE, WITH RESPECT TO THE  PROVISION  OF  SERVICES  OR
 BENEFITS.   THIS INCLUDES BOTH IN-OFFICE SERVICES, AND SERVICES PROVIDED
 OUTSIDE OF THE AGENCY OFFICE. THIS INCLUDES, BUT IS NOT LIMITED TO,  THE
 DEPARTMENT OF MOTOR VEHICLES, AND THE ADMINISTERING OF ROAD TESTS.
   5. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EACH SUCH
 AUTHORITY  SHALL  PUBLISH  A LANGUAGE ACCESS PLAN WHICH REFLECTS HOW THE
 AUTHORITY WILL COMPLY WITH THE LANGUAGE ACCESS REQUIREMENTS PURSUANT  TO
 THIS SECTION, AND SHALL SET FORTH, AT A MINIMUM:
   A. CORE COMMUNICATION PRINCIPLES WITH RESPECT TO PEOPLE IN THE LIMITED
 ENGLISH PROFICIENT COMMUNITY;
   B.  WHEN  AND  BY  WHAT MEANS THE AUTHORITY WILL PROVIDE OR IS ALREADY
 PROVIDING LANGUAGE ACCESS SERVICES;
   C. THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE  LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   D.  THE  NUMBER  OF  PUBLIC CONTACT POSITIONS IN THE AUTHORITY AND THE
 NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING  THE
 LANGUAGES THEY SPEAK;
   E.  A TRAINING PLAN FOR EMPLOYEES WHICH INCLUDES, AT A MINIMUM, ANNUAL
 TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE  AUTHORITY  AND  HOW  TO
 PROVIDE LANGUAGE ASSISTANCE SERVICES;
   F.  A  PLAN  OF  HOW THE AUTHORITY INTENDS TO NOTIFY THE POPULATION OF
 OFFERED LANGUAGE ASSISTANCE SERVICES;
   G. A LANGUAGE ACCESS  COORDINATOR  AT  THE  AUTHORITY,  WHO  SHALL  BE
 PUBLICLY IDENTIFIED;
 S. 5236--B                          4
 
   H.  A  PHONE  NUMBER  OR  EMAIL  ADDRESS BY WHICH THE PUBLIC CAN LODGE
 COMPLAINTS AGAINST THE AGENCY FOR NONCOMPLIANCE. SUCH  COMPLAINTS  SHALL
 BE KEPT FOR A MINIMUM OF TWO YEARS; AND
   I.  MAKE  PUBLIC THE NUMBER OF COMPLAINTS DURING A TWELVE MONTH PERIOD
 AGAINST NONCOMPLIANCE AND RESOLUTIONS TO SUCH COMPLAINTS.
   § 2988-A. PRIVATE RIGHT OF ACTION. ANY PERSON INJURED BY NONCOMPLIANCE
 WITH THE PROVISIONS OF THIS ARTICLE MAY BRING AN ACTION TO RECOVER ACTU-
 AL DAMAGES SUFFERED. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT
 MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   § 4. The county law is amended by adding a new article 24-A to read as
 follows:
                               ARTICLE 24-A
                              LANGUAGE ACCESS
 SECTION 950. LANGUAGE ACCESS.
         951. PRIVATE RIGHT OF ACTION.
   § 950. LANGUAGE ACCESS. 1. EVERY POLITICAL ENTITY  OF  A  COUNTY  THAT
 PROVIDES DIRECT PUBLIC SERVICES SHALL TRANSLATE VITAL DOCUMENTS, INCLUD-
 ING  ESSENTIAL  PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED
 TO OR COMPLETED BY PROGRAM BENEFICIARIES  OR  PARTICIPANTS.  THE  TRANS-
 LATION  SHALL  BE  AVAILABLE  IN  THE  TWELVE  MOST  COMMON  NON-ENGLISH
 LANGUAGES SPOKEN BY LIMITED ENGLISH PROFICIENT IMMIGRANTS IN  THE  STATE
 WHO  ARRIVED WITHIN THE LAST FIVE YEARS ACCORDING TO THE AMERICAN COMMU-
 NITY SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
   2. EACH SUCH POLITICAL ENTITY OF A COUNTY SHALL MAKE SUCH TRANSLATIONS
 AVAILABLE WITHIN EACH REGION OF THE STATE,  AS  ESTABLISHED  BY  ARTICLE
 ELEVEN  OF  THE  ECONOMIC DEVELOPMENT LAW, IN THE THREE MOST COMMON NON-
 ENGLISH LANGUAGES WHICH ARE SPOKEN IN THAT  REGION  BY  LIMITED  ENGLISH
 PROFICIENT  IMMIGRANTS  WHO ARRIVED WITHIN THE LAST FIVE YEARS ACCORDING
 TO THE AMERICAN COMMUNITY SURVEY, AS  PUBLISHED  BY  THE  UNITED  STATES
 CENSUS BUREAU, WHICH ARE NOT ALREADY INCLUDED AMONG THE TWELVE LANGUAGES
 SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 A COUNTY MAY ADD ADDITIONAL LANGUAGES AS NECESSARY TO ACCOMMODATE  LOCAL
 VARIANCES  FROM  STATEWIDE  LANGUAGES, PROVIDED SUCH LANGUAGES ARE ADDED
 AFTER PUBLIC NOTICE AND OPPORTUNITY TO COMMENT.
   4. THE LIST OF MOST COMMON LANGUAGES SHALL BE  UPDATED  NO  LESS  THAN
 EVERY  TWO  YEARS  FROM THE EFFECTIVE DATE OF THIS SECTION, BASED ON THE
 MOST RECENT AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES
 CENSUS BUREAU, AND ANY ADDITIONAL LANGUAGES SUCH COUNTY SHALL CHOOSE  TO
 SELECT.
   5. EACH SUCH POLITICAL ENTITY OF A COUNTY SHALL PROVIDE INTERPRETATION
 SERVICES  BETWEEN  THE  ENTITY  AND  AN INDIVIDUAL IN HIS OR HER PRIMARY
 LANGUAGE WITH RESPECT TO THE PROVISION OF SERVICES OR BENEFITS.
   6. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EACH SUCH
 POLITICAL ENTITY OF A COUNTY SHALL PUBLISH A LANGUAGE ACCESS PLAN  WHICH
 REFLECTS  HOW  THE POLITICAL ENTITY WILL COMPLY WITH THE LANGUAGE ACCESS
 REQUIREMENTS PURSUANT TO THIS SECTION, AND SHALL SET FORTH, AT  A  MINI-
 MUM:
   (A) CORE COMMUNICATION PRINCIPLES WITH RESPECT TO PEOPLE IN THE LIMIT-
 ED ENGLISH PROFICIENT COMMUNITY;
   (B)  WHEN  AND  BY WHAT MEANS THE POLITICAL ENTITY SHALL PROVIDE OR IS
 ALREADY PROVIDING LANGUAGE ACCESS SERVICES;
   (C) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
 S. 5236--B                          5
 
   (D) THE NUMBER OF PUBLIC CONTACT POSITIONS IN THE POLITICAL ENTITY AND
 THE NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS  INCLUDING
 THE LANGUAGES THEY SPEAK;
   (E)  A  TRAINING  PLAN  FOR  EMPLOYEES  OF THE POLITICAL ENTITY, WHICH
 INCLUDES, AT A MINIMUM, ANNUAL TRAINING ON THE LANGUAGE ACCESS  POLICIES
 OF THE POLITICAL ENTITY AND HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (F)  A  PLAN  OF  HOW THE POLITICAL ENTITY INTENDS TO NOTIFY THE POPU-
 LATION OF OFFERED LANGUAGE ASSISTANCE SERVICES; AND
   (G) A LANGUAGE ACCESS COORDINATOR AT THE POLITICAL ENTITY,  WHO  SHALL
 BE PUBLICLY IDENTIFIED.
   §  951.  PRIVATE  RIGHT OF ACTION. ANY PERSON INJURED BY NONCOMPLIANCE
 WITH THE PROVISIONS OF THIS ARTICLE MAY BRING AN ACTION TO RECOVER ACTU-
 AL DAMAGES SUFFERED. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT
 MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   § 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5236B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Mar 15, 2022 - Floor Vote

Floor Vote: Mar 15, 2022

Jan 19, 2022 - Finance Committee Vote

Finance Committee Vote: Jan 19, 2022

Bill Amendments

co-Sponsors

2021-S5236 - Details

2021-S5236 - Summary

2021-S5236 - Sponsor Memo

2021-S5236 - Bill Text download pdf

co-Sponsors

2021-S5236A - Details

2021-S5236A - Summary

2021-S5236A - Sponsor Memo

2021-S5236A - Bill Text download pdf

co-Sponsors

2021-S5236B (ACTIVE) - Details

2021-S5236B (ACTIVE) - Summary

2021-S5236B (ACTIVE) - Sponsor Memo

2021-S5236B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5236B

Share this bill

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2021-S5236 - Details

2021-S5236 - Summary

2021-S5236 - Sponsor Memo

2021-S5236 - Bill Text download pdf

co-Sponsors

2021-S5236A - Details

2021-S5236A - Summary

2021-S5236A - Sponsor Memo

2021-S5236A - Bill Text download pdf

co-Sponsors

2021-S5236B (ACTIVE) - Details

2021-S5236B (ACTIVE) - Summary

2021-S5236B (ACTIVE) - Sponsor Memo

2021-S5236B (ACTIVE) - Bill Text download pdf

Comments