The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7428--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2021
                                ___________
 
 Introduced  by  M.  of A. JOYNER, FRONTUS, J. D. RIVERA, CLARK, SIMON --
   read once and referred to the Committee on Governmental Operations  --
   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:
                               ARTICLE 49-C
                              LANGUAGE ACCESS
 SECTION 996. LANGUAGE ACCESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09702-02-1

 A. 7428--A                          2
 
   §  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
 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
 A. 7428--A                          3
 
 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
 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
 A. 7428--A                          4

 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.