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.
