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.
