Bill > A1918

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 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 90 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) the limited-English proficient population in each geographic service area, including those who speak any language even if that language is not among the 15 most common non-English languages, and how the need for translations is determined; (3) how the entity will notify the eligible population; (4) how the entity documents the actual service provision; (5) the number of public contact positions, qualified bilingual or multi-lingual employees in those positions, and the languages they speak; (6) 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; (7) a plan for how the agency will ensure the provision of language assistance services of the highest quality and in a culturally competent manner; (8) the name and contact information of the entity's language access coordinator; (9) the titles of all available translated documents and the languages into which they have been translated; (10) a website and document content describing the required translation services, processes, and documents; and (11) a plan for annually monitoring internal compliance. The bill requires the employment or assignment of a language access coordinator by each State entity to monitor the government entity's compliance and develop annual reports. The bill directs the Secretary of State, or a State agency, or both to oversee, coordinate, provide guidance to State government entities in their implementation. 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. 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 365 days after its effective date for the 10 most common languages, and not later than 730 days after its effective date for the additional 5 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

Ellen Park (D)*,  Sterley Stanley (D)*,  Reginald Atkins (D),  Linda Carter (D),  Don Guardian (R),  Shama Haider (D),  Verlina Reynolds-Jackson (D),  William Sampson (D),  Gary Schaer (D),  Lisa Swain (D), 

Withdrawn Because Approved P.L.2023, c.263.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

Official Document