Bill > S2230

Introduced Session

This bill requires State government entities to provide vital documents and translation services in the 15 most common non-English languages spoken by individuals with limited-English proficiency in this State, based on United States Census Bureau American Community Survey data, and relevant to the services offered by the State government entity. Under the bill, any State department or agency in the Executive Branch and any commission, board, bureau, division, office, or instrumentality thereof providing direct services to the public would be required to provide these language access services and interpretation services between the State government entity and an individual in that person's primary language with respect to the provision of services or benefits. Each State government entity would be required to produce an informational poster describing the available interpretation and translation services in multiple languages for display in a visible location. The bill requires each State government entity to publish a language access plan within 180 days of its effective date, and to update the plan every two years thereafter. At a minimum, each plan would describe (1) when and how the State government entity will provide or is already providing language assistance services; (2) how the government entity intends to keep track of the limited English proficient population and how the need for translations is determined; (3) a report on the frequency of requests, how the requests were met, whether language assistance services were requested in languages other than the required 15, and how the entity will notify the eligible population; (4) how the entity documents the actual service provision; (5) a training plan for government entity employees who will be involved in the implementation of the bill which includes, at minimum, annual training on the language access policies of the government entity, how to provide language assistance services, and follow any applicable State and federal confidentially protocols; (6) a plan for how the entity will ensure the provision of language assistance services of the highest quality and in a culturally competent manner; (7) the name and contact information of an employee at the government entity who would be the point of contact; (8) the titles of all available translated documents and the languages into which they have been translated; (9) a website and document content describing the required translation services, processes, and documents; and (10) a plan for annually monitoring internal compliance. Under the bill, if a State government entity already has a language access plan, the State government entity may continue to use that language access plan and may adjust that plan in accordance with the bill. A State government entity would be permitted to retain any additional languages already included in an existing language access plan. The bill directs the Secretary of State to oversee, coordinate, and provide guidance to State government entities in their implementation. The Secretary of State would be required to develop a language access plan template for distribution to all State government entities for their use in developing, implementing, and reporting on their language access plans, and must ensure that each State government entity submits a language access plan when due that contains the required content. The Secretary of State would also be responsible for the development of the list of 15 languages that all State government entities must use in their implementation of the bill, based on American Community Survey data. Various provisions of current law may already require certain State government entities to provide certain documents and translation services to the public, most commonly in the Spanish language. However, under this bill, its provisions would not be interpreted to remove any requirements by any State entity to provide for direct in-person translation services to a member of the public, or for the translation of any materials in the Spanish language or any additional languages, as may be required by law. The bill would also not be interpreted to prevent a State government entity from providing interpretation and translation services to any limited-English proficient individuals who speak any language, even if that language is not among the 15 most common non-English languages covered by the bill. Under the bill, a State government entity may require that an applicant for its benefits or services or any person assisting such applicant in seeking benefits or services provide only the information strictly necessary to determine eligibility for or to administer such benefits or services. Under the bill, there is appropriated from the funds received by the State from the federal government under the "American Rescue Plan Act of 2021," Pub. L. 117-2, to each State government entity the sums necessary to implement its provisions, and such additional sums from the General Fund as the State Treasurer and the Director of the Division of Budget and Accounting in the Department of the Treasury deem necessary. The bill takes effect immediately, but the required translations would be implemented on a rolling basis and would be completed no later than one year after the effective date of the bill for the five most common languages, not later than two years for the next five most common languages, and not later than three years for the remaining five most common languages, except that applications, notices of rights, or privacy protections would be translated immediately. If an application or form has not been translated, the State government entity or contractor would provide oral translation of the application or form and a certification by the limited-English proficient individual indicating that the application or form was translated and completed by an interpreter.

AI Summary

Committee Categories

Nilsa Cruz-Perez (D)*,  Nellie Pou (D)*,  Teresa Ruiz (D)*,  Gordon Johnson (D), 

Withdrawn Because Approved P.L.2023, c.263. (on 01/09/2024)

Official Document