S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3381--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  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.  Subdivision  1  of section 202-a of the executive law, as
 added by section 1 of part GG of chapter 56 of  the  laws  of  2022,  is
 amended to read as follows:
   1.  (A)  Each state agency that provides direct public services in New
 York state shall translate all  vital  documents  relevant  to  services
 offered  by  the  agency,  INCLUDING  ESSENTIAL PUBLIC DOCUMENTS SUCH AS
 FORMS AND INSTRUCTIONS PROVIDED TO OR COMPLETED BY PROGRAM BENEFICIARIES
 OR PARTICIPANTS, into  the  twelve  most  common  non-English  languages
 spoken  by  limited-English  proficient  individuals  in  the  state WHO
 ARRIVED WITHIN THE LAST FIVE YEARS, based on the data in the most recent
 American Community Survey published  by  United  States  Census  Bureau,
 INCLUDING  BUT  NOT  LIMITED  TO DATA COLLECTED BY PUBLIC SCHOOLS, LOCAL
 INTERPRETING AGENCIES, FEDERAL REFUGEE RESETTLEMENT PROGRAMS, AND  STATE
 AGENCIES.  [Agencies  subject  to this section, in their discretion, may
 offer up to four additional languages  beyond  the  twelve  most  common
 languages.    Such  additional  languages  shall be decided by the state
 agency in consultation with the office of general services and  approved
 by the office of general services based on the number of limited-English
 proficient immigrants of five years or less in New York state in need of
 language  translation  services  according  to  the  American  Community
 Survey, including the  growth  of  recent  arrival  populations  in  the
 geographic regions in which the agency's services are offered, the popu-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02785-03-3
              

 S. 3381--A                          2

 lation  of  limited-English proficient individuals served by the agency,
 feedback from impacted community or advocacy groups, and any other rele-
 vant data published by the United States Census Bureau.]
   (B)  EACH  AGENCY  SHALL ADDITIONALLY 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 AND ARE NOT ALREADY INCLUDED  AMONG  THE
 TWELVE  LANGUAGES  SPECIFIED  IN PARAGRAPH (A) OF THIS SUBDIVISION. SUCH
 ADDITIONAL LANGUAGES SHALL BE DECIDED BY THE STATE AGENCY  IN  CONSULTA-
 TION  WITH  THE OFFICE OF GENERAL SERVICES AND APPROVED BY THE OFFICE OF
 GENERAL SERVICES BASED ON THE NUMBER OF LIMITED-ENGLISH PROFICIENT IMMI-
 GRANTS WHO HAVE ARRIVED IN NEW YORK STATE WITHIN THE  LAST  FIVE  YEARS,
 ACCORDING  TO  THE  UNITED  STATES  CENSUS BUREAU AND AMERICAN COMMUNITY
 SURVEY, INCLUDING THE  GROWTH  OF  RECENT  ARRIVAL  POPULATIONS  IN  THE
 GEOGRAPHIC REGIONS IN WHICH THE AGENCY'S SERVICES ARE OFFERED, THE POPU-
 LATION  OF  LIMITED-ENGLISH PROFICIENT INDIVIDUALS SERVED BY THE AGENCY,
 FEEDBACK FROM IMPACTED  COMMUNITY  OR  ADVOCACY  GROUPS,  AND  ANY  DATA
 COLLECTED FROM THE SOURCES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  THE  LIST  OF  MOST  COMMON  LANGUAGES SHALL BE UPDATED EVERY TWO
 YEARS, BASED ON THE MOST RECENT   DATA COLLECTED BY  THE  UNITED  STATES
 CENSUS  BUREAU  AND AMERICAN COMMUNITY SURVEY, INCLUDING BUT NOT LIMITED
 TO THE DATA SOURCES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (D) EACH AGENCY SHALL   PROVIDE COMPETENT  AND  TIMELY  INTERPRETATION
 SERVICES  TO  INDIVIDUALS  IN  THEIR  PRIMARY OR PREFERRED LANGUAGE WITH
 RESPECT TO THE PROVISIONS OF SERVICES AND BENEFITS. THIS  INCLUDES  BOTH
 IN-OFFICE  SERVICES,  AND  SERVICES  PROVIDED  OUTSIDE OF THE DEPARTMENT
 OFFICE. COMPETENT INTERPRETATION SHALL MEAN SPOKEN OR SIGNED,  REAL-TIME
 COMMUNICATION IN WHICH THE QUALIFIED HUMAN INTERPRETER IS FLUENT IN BOTH
 THE SOURCE AND TARGET LANGUAGE AND IS TRAINED AS AN INTERPRETER.
   §  2.  Subparagraphs (viii) and (ix) of paragraph (c) of subdivision 3
 of section 202-a of the executive law, as added by section 1 of part  GG
 of  chapter  56  of the laws of 2022, are amended and three new subpara-
 graphs (x), (xi) and (xii) are added to read as follows:
   (viii) an explanation as to how the agency determined it would provide
 any additional language beyond the top twelve languages required by this
 section; [and]
   (ix) the identity of the agency's language access coordinator[.];
   (X)  ACCOMMODATIONS FOR COMMUNICATION ACCESS SHALL BE  AVAILABLE  UPON
 REQUEST  INCLUDING  AMERICAN SIGN LANGUAGE INTERPRETATION VIA AN ON-SITE
 INTERPRETER, VIDEO REMOTE INTERPRETER, OR COMMUNICATION ACCESS REAL-TIME
 TRANSLATION FOR INDIVIDUALS WHO ARE DEAF, HARD OF HEARING OR HAVE  HEAR-
 ING LOSS;
   (XI)  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
   (XII)  A  PROCESS  TO  MAKE  PUBLIC  THE NUMBER OF COMPLAINTS DURING A
 TWELVE  MONTH  PERIOD  AGAINST  NONCOMPLIANCE  AND  RESOLUTION  TO  SUCH
 COMPLAINTS.
   §  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
 S. 3381--A                          3
 
 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;
   H. ACCOMMODATIONS FOR COMMUNICATION ACCESS  SHALL  BE  AVAILABLE  UPON
 REQUEST  INCLUDING  AMERICAN SIGN LANGUAGE INTERPRETATION VIA AN ON-SITE
 INTERPRETER, VIDEO REMOTE INTERPRETER, OR COMMUNICATION ACCESS REAL-TIME
 TRANSLATION FOR INDIVIDUALS WHO ARE DEAF, HARD OF HEARING OR HAVE  HEAR-
 ING LOSS;
   I.  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
   J.  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 TITLE MAY BRING AN ACTION TO RECOVER  ACTUAL
 S. 3381--A                          4

 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;
   (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;
 S. 3381--A                          5

   (G)  A  LANGUAGE ACCESS COORDINATOR AT THE POLITICAL ENTITY, WHO SHALL
 BE PUBLICLY IDENTIFIED;
   (H)  ACCOMMODATIONS  FOR  COMMUNICATION ACCESS SHALL BE AVAILABLE UPON
 REQUEST INCLUDING AMERICAN SIGN LANGUAGE INTERPRETATION VIA  AN  ON-SITE
 INTERPRETER, VIDEO REMOTE INTERPRETER, OR COMMUNICATION ACCESS REAL-TIME
 TRANSLATION  FOR INDIVIDUALS WHO ARE DEAF, HARD OF HEARING OR HAVE HEAR-
 ING LOSS;
   (I) A  PHONE  NUMBER  OR  EMAIL  ADDRESS BY WHICH THE PUBLIC CAN LODGE
 COMPLAINTS  AGAINST  THE  POLITICAL  ENTITY  FOR   NONCOMPLIANCE.   SUCH
 COMPLAINTS  SHALL BE KEPT FOR A MINIMUM OF TWO YEARS; AND
   (J) MAKE  PUBLIC THE NUMBER OF COMPLAINTS DURING A TWELVE MONTH PERIOD
 AGAINST NONCOMPLIANCE AND RESOLUTIONS TO SUCH COMPLAINTS.
   §  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.