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Massachusetts Senate Bill S1990

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1990 Compare Versions

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22 SENATE DOCKET, NO. 1066 FILED ON: 1/18/2023
33 SENATE . . . . . . . . . . . . . . No. 1990
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Sal N. DiDomenico
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to language access and inclusion.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and SuffolkRebecca L. RauschNorfolk, Worcester and Middlesex1/23/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/25/2023Michael D. BradySecond Plymouth and Norfolk1/27/2023Jack Patrick Lewis7th Middlesex1/30/2023Lydia EdwardsThird Suffolk1/31/2023Jason M. LewisFifth Middlesex1/31/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/2/2023Thomas M. Stanley9th Middlesex2/2/2023Pavel M. PayanoFirst Essex2/6/2023Mike Connolly26th Middlesex2/6/2023Walter F. TimiltyNorfolk, Plymouth and Bristol2/8/2023Liz MirandaSecond Suffolk2/9/2023Kay Khan11th Middlesex2/9/2023Julian CyrCape and Islands2/9/2023Patricia D. JehlenSecond Middlesex2/10/2023James B. EldridgeMiddlesex and Worcester2/14/2023Vanna Howard17th Middlesex2/14/2023 2 of 2
1616 John F. KeenanNorfolk and Plymouth2/23/2023Adam GomezHampden2/23/2023Paul R. FeeneyBristol and Norfolk3/2/2023 1 of 18
1717 SENATE DOCKET, NO. 1066 FILED ON: 1/18/2023
1818 SENATE . . . . . . . . . . . . . . No. 1990
1919 By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1990) of Sal N. DiDomenico,
2020 Rebecca L. Rausch, Joanne M. Comerford, Michael D. Brady and other members of the General
2121 Court for legislation relative to language access and inclusion. State Administration and
2222 Regulatory Oversight.
2323 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2424 SEE SENATE, NO. 2040 OF 2021-2022.]
2525 The Commonwealth of Massachusetts
2626 _______________
2727 In the One Hundred and Ninety-Third General Court
2828 (2023-2024)
2929 _______________
3030 An Act relative to language access and inclusion.
3131 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3232 of the same, as follows:
3333 1 SECTION 1. Title II of the General Laws, as appearing in the 2020 Official Edition, is
3434 2hereby amended by inserting after Chapter 6D the following chapter:-
3535 3 CHAPTER 6E. LANGUAGE ACCESS AND INCLUSION
3636 4 Section 1. Definitions. For the purposes of this act, the following terms shall have the
3737 5following meanings —
3838 6 “Auxiliary aids and services” mean items, equipment or services that assist effective
3939 7communication between a deaf or hard-of-hearing individual and an individual who is not deaf
4040 8or hard of hearing. 2 of 18
4141 9 “Culturally competent” means having a set of congruent behaviors, attitudes and policies
4242 10that enables effective work in cross-cultural situations, in a manner that respects the beliefs,
4343 11interpersonal styles, attitudes, language and behaviors of service recipients.
4444 12 “Equal access” means to be informed of, participate in, and benefit from public services
4545 13offered by a state agency, at a level equal to English-proficient individuals.
4646 14 “Language access plan” means an administrative blueprint by which an agency complies
4747 15with language access requirements. The plan shall outline the tasks to be undertaken, establish
4848 16deadlines by which actions will be taken, identify responsible personnel assigned to implement
4949 17the plan, and establish priorities relative to the implementation of these plans.
5050 18 “Language access services” means oral interpretation services, oral language services,
5151 19and written translation services, including auxiliary aids and services.
5252 20 “Limited English proficient” or “LEP” individuals means individuals who do not speak
5353 21English as their primary language and have a limited ability to speak, read, write, or understand
5454 22English.
5555 23 “Machine translation” means automated translation by computer software which
5656 24translates a text from the source language into the target language without human intervention.
5757 25 “Oral interpretation” means the act of listening to something in one language (source
5858 26language) and orally translating it into another (target language).
5959 27 “Oral language services” means various methods of providing verbal information and
6060 28interpretation through staff interpreters, bilingual or multilingual staff, telephone interpreter
6161 29services, and private interpreter services. 3 of 18
6262 30 “Outside service providers” include, but are not limited to, an organization that formally
6363 31or informally contracts with, routinely provides, or administers services the relevant state agency
6464 32requires, recommends, or to which it refers its clients.  
6565 33 “Primary language” means the preferred language of the LEP individual.
6666 34 “Public contact position” means a position determined by the state agency to be one that
6767 35includes meeting, contacting and dealing with the public in the performance of the agency's
6868 36functions.
6969 37 “Qualified bilingual employee” means a staff person who is proficient in both the English
7070 38language and the non-English language to be used. Qualified bilingual employees may be
7171 39categorized as Tier 1 Bilingual Employees, or Tier 2 Bilingual Employees.
7272 40 “Qualified interpreter” is a person who is fluent in both the English language and the
7373 41non-English language to be used, and who, either by certification, training or experience, is
7474 42skilled in simultaneous interpretation.
7575 43 “Qualified multilingual employee” means a staff person who is proficient in the English
7676 44language and more than one non-English language to be used. Qualified multilingual employees
7777 45may be categorized as Tier 1 Multilingual Employees, or Tier 2 Multilingual Employees.
7878 46 “Qualified translator” means a person who has a thorough knowledge of writing, reading
7979 47and proofreading in both the English language and the non-English language to be used, either
8080 48by certification, training or experience, and thereby is able to render a text from one language
8181 49into another, maintaining its tone, style and complex meaning, observing the cultural nuances,
8282 50and remaining impartial to the content. 4 of 18
8383 51 “State agency” means an agency or executive department of state government.
8484 52 “Vital document” means a document containing information which, if not provided
8585 53accurately or in a timely manner, would have adverse consequences for the intended recipient,
8686 54including, but not limited to, documents that affect or relate to legal rights, privileges, or duties,
8787 55as well as applications, informational materials, notices, and complaint forms.
8888 56 “Written translation” means the replacement of a written text from one language (source
8989 57language) into an equivalent written text into another language (the target language).
9090 58 Section 2. Communications with the Public.
9191 59 A state agency shall provide equal access to services, programs, and activities serving
9292 60limited English proficient individuals in a reasonable timeframe, including:
9393 61 (a) Oral interpretation
9494 62 1. A state agency shall provide timely, culturally competent oral language services
9595 63to all LEP individuals who seek to access services, programs, or activities. State agencies may,
9696 64utilizing existing funds, contract with telephone-based interpretation services or community-
9797 65based organizations that provide interpretation to LEP individuals, in addition to utilizing
9898 66qualified Tier 1 bilingual or multilingual employees.
9999 67 2. A state agency shall notify every person inquiring about services, every applicant,
100100 68and every recipient of services of their right to timely oral interpretation in their primary
101101 69language. 5 of 18
102102 70 3. A state agency that significantly relies on outside service providers to fulfill the
103103 71agency’s responsibilities to the public shall ensure the implementation of the requirements of
104104 72Section 2(a)(1) and Section 2(a)(2) within those outside organizations’ policies and practices.
105105 73 (b) Written translation
106106 74 1. A state agency shall issue vital documents in the following languages: Arabic,
107107 75Cape Verdean Creole, Chinese (Simplified and Traditional), French, Haitian Creole, Khmer,
108108 76Korean, Portuguese, Russian, Spanish, Vietnamese and any other languages deemed necessary
109109 77by the agency’s language access survey.
110110 78 2. A state agency shall translate all notices and materials that explain its services in
111111 79the languages stated above.
112112 80 3. A state agency shall utilize qualified translators or Tier 1 bilingual or multilingual
113113 81employees, to translate notices, materials, and vital documents. Agencies shall not rely solely on
114114 82machine translation of notices, materials, and vital documents. A state agency that significantly
115115 83relies on outside service providers to fulfill the agency’s responsibilities to the public shall
116116 84ensure the implementation of the requirements of Section 2(b)(1) and Section 2(b)(2) by the
117117 85outside service provider.
118118 86 4. LEP individuals whose primary language is not covered under Section 2(b)(1) or
119119 87Section 2(b)(2) are entitled to the oral interpretation of vital documents into their primary
120120 88language.
121121 89 (c) Websites 6 of 18
122122 90 1. If a state agency maintains one or more websites for use by the public, the agency
123123 91shall provide the website in the following languages: Arabic, Cape Verdean Creole, Chinese
124124 92(Simplified and Traditional), French, Haitian Creole, Khmer, Korean, Portuguese, Russian,
125125 93Spanish, Vietnamese and any other languages deemed necessary by the agency’s language
126126 94access survey. The state agency shall ensure that its websites and online application materials are
127127 95mobile compatible and that they satisfy or exceed the official Federal Plain Language
128128 96Guidelines, March 2011, Rev. 1, May 2011 for the Plain Writing Act of 2010. 
129129 97 2. Agencies shall not rely solely on machine translation for the translation of its
130130 98websites. A state agency shall utilize qualified translators or Tier 1 bilingual or multilingual
131131 99employees to translate its websites.
132132 100 3. A state agency that maintains one or more websites for use by the public shall
133133 101provide forms and processes for submitting complaints of alleged violations of this act on the
134134 102homepage of the website. The forms and processes shall be translated into the languages stated
135135 103above.
136136 104 Section 3. Language Access Plans
137137 105 (a) Requirements of language access plans
138138 106 1. A state agency shall develop a language access plan to implement protocols for
139139 107providing services to LEP individuals and deaf or hard-of-hearing individuals in accordance with
140140 108this act. After the language access plan is implemented, the agency shall update its language
141141 109access plan every two years based upon the most recent language access survey. The language
142142 110access plan shall include: 7 of 18
143143 111 i. The state agency shall conduct a needs assessment that includes data on the
144144 112language composition of the population served by the agency, including American Sign
145145 113Language. The agency shall determine the percentage of the eligible service population who are
146146 114non-English speakers, LEP, or deaf or hard of hearing; the frequency with which the agency
147147 115provides services to non-English speakers and LEP and deaf or hard of hearing individuals; and
148148 116the primary languages used by non-English or LEP individuals in the agency’s service area. The
149149 117needs assessment shall also identify all points of contact between the agency and the public, and
150150 118all potential language or language-related barriers to services and programs, including the
151151 119location of offices.
152152 120 ii.The state agency shall identify available language resources and staff to deliver
153153 121services, programs, and activities to LEP individuals and deaf or hard-of-hearing individuals who
154154 122require auxiliary aids and services, including existing staff who can provide linguistically,
155155 123culturally, and technically proficient interpretation services. The language resources assessment
156156 124shall detail the language services available under existing state contracts for in-person
157157 125interpretation, telephone interpretation, and translation, and determine the steps needed to make
158158 126these services available for staff use, including equipment and training.
159159 127 iii.Language service protocols shall provide staff with procedures and instructions
160160 128for securing or procuring language services, and designed for ease of use, with minimal approval
161161 129or documentation required.
162162 130 2. To complete its needs assessment and language resources assessment, a state
163163 131agency shall conduct a language survey of each of its statewide and local offices every three
164164 132years to provide the following: 8 of 18
165165 133 i. a calculation of the percentage of LEP individuals served by the agency’s central
166166 134and local offices, categorized by primary language.
167167 135 ii.a determination of whether the use of oral language services and written
168168 136translation is reliably serving the language needs of the individuals served by the agency.
169169 137 iii.a determination of whether the use of auxiliary aids and services is reliably
170170 138serving the language needs of the individuals served by the agency.
171171 139 iv.an evaluation of whether contracted interpreter services are working effectively.
172172 140 v. an evaluation of the effectiveness of annual language access training.
173173 141 vi.a description of the agency’s procedures for identifying language needs at central
174174 142and local offices and assigning qualified bilingual or multilingual employees to those offices.
175175 143 vii.a description of agency procedures for recruiting and retaining qualified bilingual
176176 144or multilingual employees in central and local offices.
177177 145 viii.the number of qualified bilingual or multilingual employees, in public contact
178178 146positions in each central and local office, and the languages they speak other than English.
179179 147 ix.a description of any training the agency provides to its staff on the provision of
180180 148services to LEP and deaf or hard of hearing individuals, frequency of training, and date of most
181181 149recent training.
182182 150 x. a description of complaints regarding language access received by the agency
183183 151since submitting its most recent report under Section 6, and the agency’s procedures for
184184 152accepting and resolving these complaints. 9 of 18
185185 153 xi.a description of the agency’s procedures for identifying vital documents for
186186 154translation.
187187 155 Section 4. Personnel.
188188 156 Coordinators
189189 157 1. A state agency shall designate a language access coordinator whose sole
190190 158responsibility is to focus upon language access needs and the agency’s compliance with this act,
191191 159in consultation with the language access advisory board. State agencies with multiple offices or
192192 160divisions shall designate regional language access coordinators who shall address the language
193193 161access needs of the relevant region and train the regions’ staff on compliance with this act.
194194 162Regional language access coordinators shall report to the language access coordinator.
195195 163 2. Language access coordinators shall maintain a centralized, electronic, searchable
196196 164language access database containing the following data, which shall be submitted to the office of
197197 165access and opportunity, and to the language access advisory board, including:
198198 166 i. all formal and informal requests for language access services and the status of
199199 167those requests;
200200 168 ii.all language access-related complaints, including complaints of language
201201 169discrimination and/or disability discrimination in cases of the deaf or hard of hearing;
202202 170 iii.the status and progress of all such requests and complaints;
203203 171 iv.the resolution of all such requests and complaints, including decisions by the
204204 172regional and central offices; 10 of 18
205205 173 v. the reasons for full and partial denials of requests for language services;
206206 174 vi.the office(s) handling the relevant case/service.
207207 175 (b) Staffing
208208 176 1. A state agency shall employ a sufficient number of qualified bilingual or
209209 177multilingual employees in public contact positions or as interpreters to assist employees in public
210210 178contact positions, to ensure provision of information and services in a person’s preferred
211211 179languages.
212212 180 2. A bilingual or multilingual staff member shall not provide interpretation in
213213 181adversarial proceedings when the state agency that employs the bilingual staff member is a party
214214 182to the proceedings.
215215 183 3. A bilingual or multilingual staff member may provide language services to LEP
216216 184individuals and those who are deaf or hard of hearing, in accordance with their skill level as
217217 185determined by the applicable regional language access coordinator. A bilingual employee shall
218218 186be classified into one of the following two tiers, and shall provide interpretation in accordance
219219 187with that tier.
220220 188 i. Tier 1 bilingual or multilingual employee: Tier 1 employees must have formal
221221 189certification, training in interpretation, or sufficient experience with interpreting in the specific
222222 190subject matter. If the employer does not regularly employ a person that may be classified as a
223223 191Tier 1 employee, the employer must hire a third-party contractor or service to fulfill these
224224 192interpreting needs. 11 of 18
225225 193 ii.Tier 2 bilingual or multilingual employee: Tier 2 employees have the skill and
226226 194capacity to communicate directly with clients regarding routine or common business matters.
227227 195Tier 2 employees need not have formal certification, but shall be proficient in the non-English
228228 196language.
229229 197 iii.Tier 1 and Tier 2 employees must be capable of communicating both receptively
230230 198and expressively in English and the non-English language, and be without interest in the matter
231231 199or outcome. Qualified bilingual or multilingual employees shall agree in writing to, the ethical
232232 200and confidentiality requirements associated with interpreting pursuant to the American
233233 201Translators Association Code of Ethics and Professional Practice.
234234 202 4. Any employee who is regularly acting as an interpreter or translator must be
235235 203reasonably compensated for that additional work.
236236 204 (c) Training
237237 205 1. Regional language access coordinators and the language access coordinators shall
238238 206train all employees of a state agency to effectively obtain and utilize the services of language
239239 207interpreters and translators. A state agency may provide language access trainings for outside
240240 208service providers they have engaged; provided that the outside service providers lack sufficient
241241 209resources or capacity to hold such trainings independently.
242242 210 2. Regional language access coordinators, in conjunction with the language access
243243 211coordinator, shall conduct training for every new hire and for every employee annually thereafter
244244 212on the language access plan, and provide any materials necessary for staff to readily access the
245245 213language access plan as needed. 12 of 18
246246 214 Section 5. Language Access Advisory Board.
247247 215 (a) There is established, for oversight and the provision of technical assistance, a
248248 216language access advisory board to ensure equal access to services, programs, and activities
249249 217offered by a state agency for LEP and deaf or hard of hearing individuals. The board shall be co-
250250 218chaired by a staff member from the office of access and opportunity, and one other member of
251251 219the advisory board voted upon by the board itself. The members of the advisory board shall be
252252 220appointed within 90 days after the effective date of this act, and shall serve 4-year terms.
253253 221Members whose terms have expired may serve until a successor is duly chosen. The board shall
254254 222meet no less than 4 times annually. 
255255 223 (b) Composition
256256 224 The language access advisory board shall include:
257257 225 1. three members appointed by the Massachusetts Immigrant and Refugee Advocacy
258258 226Coalition from prevalent LEP populations within Massachusetts, as determined by the most
259259 227recent United States Census data, who has an interest in language access reform;
260260 228 2. one member from the deaf or hard of hearing community who has an interest in
261261 229language access reform, appointed by the Disability Law Center;
262262 230 3. one member appointed by the Massachusetts Law Reform Institute;
263263 231 4. one member appointed by the Massachusetts Appleseed Center for Law &
264264 232Justice;
265265 233 5. one member appointed by the Massachusetts Language Access Coalition; 13 of 18
266266 234 6. one member appointed by Greater Boston Legal Services;
267267 235 7. one member appointed by the Justice Center of Southeast Massachusetts;
268268 236 8. one member appointed by MetroWest Legal Services;
269269 237 9. one member appointed by the Central West Justice Center;
270270 238 10.one member appointed by the Northeast Justice Center; and
271271 239 11.one member appointed by the New England Translators Association, or by a
272272 240similar professional association promoting best practices in translation and interpretation, who is
273273 241a translation or interpretation specialist.
274274 242 (c) Advisory board responsibilities
275275 243 The advisory board shall support the relevant state agencies to achieve compliance with
276276 244this act by:
277277 245 providing guidance and technical assistance to the state agencies;
278278 246 advising language access coordinators of the state agencies in the development and
279279 247review of their language access plan;
280280 248 reviewing biennial reports from the state agencies, and make recommendations for steps
281281 249toward compliance.
282282 250 disseminating recommendations to state agencies to reduce identified barriers for serving
283283 251the LEP and deaf or hard of hearing population. The language access advisory board, in 14 of 18
284284 252formulating its recommendations, shall take into account the best practices and policies in other
285285 253states and jurisdictions; and
286286 254 other activities to help state agencies achieve compliance with this act.
287287 255 Section 6. Reporting.
288288 256 (a) Reporting requirements
289289 257 1. Every 3 years following a state agency’s full implementation of this act, the State
290290 258agency shall submit to the joint committee on ways and means, the joint committee on state
291291 259administration and regulatory oversight, the language access advisory board and the office of
292292 260access and opportunity, a report on the data collected under Section 3(a)(2).
293293 261 2. The report shall be disaggregated and cross-tabulated by:
294294 262 i. primary language;
295295 263 ii.disability status;
296296 264 iii.race;
297297 265 iv.ethnicity;
298298 266 v. age;
299299 267 vi.gender; and
300300 268 vii.low-income status
301301 269 3. The report shall be publicly available in multiple languages, and be provided in
302302 270plain language that community members can understand; and 15 of 18
303303 271 4. The report shall be presented in a manner that protects the privacy of individuals.
304304 272 Section 7. Relief.
305305 273 (a) Relief potentials
306306 274 1. Any person or class of persons claiming to be aggrieved by a state agency for
307307 275failure to provide language access for benefits or services according to the terms of this act shall
308308 276have the right to institute and prosecute a civil action in the district, superior, housing, probate or
309309 277land court department for injunctive and other appropriate equitable relief including an award of
310310 278actual and consequential damages. Should the person or persons prevail, they shall be entitled to
311311 279an award of the costs of the litigation including expert witness fees, reasonable attorneys' fees in
312312 280an amount to be fixed by the court, and prejudgment and post-judgment interest.
313313 281 2. The Massachusetts commission against discrimination may commence a civil
314314 282action to seek relief for a violation of this act.
315315 283 3. The attorney general may also commence a civil action to seek relief for a
316316 284violation of this act.
317317 285 Section 8. Office of access and opportunity.
318318 286 The office of access and opportunity of the executive office for administration and
319319 287finance shall have the following responsibilities:
320320 288 1. Accept and investigate complaints submitted to the office of access and
321321 289opportunity by individuals who have been unable to obtain timely language access services in
322322 290any state agency. 16 of 18
323323 291 2. Annually provide copies of all complaints as detailed in Section 8(a)(1)(i) to the
324324 292language access advisory board.
325325 293 3. Where an agency does not provide equal access, eliminate the language access
326326 294barrier using informal methods, including conference, conciliation, mediation, or persuasion.
327327 295Where the language access barrier cannot be eliminated by informal methods, the office of
328328 296access and opportunity shall submit written compliance requirements to the state agency. The
329329 297office of access and opportunity may request the state agency to notify it within a specified time,
330330 298of any action taken on its requirements. Further, the office of access and opportunity may require
331331 299a state agency to increase the frequency of the reporting every six months, as it deems necessary,
332332 300or as requested by the language access advisory board.
333333 301 4. In consultation with the language access advisory board, create multilingual
334334 302signage informing LEP individuals of their right to free oral language services, for dissemination
335335 303to state agencies.
336336 304 (a) Conflicting law
337337 305 1. It is the intent of the legislature that the provisions of this act be guided by Title
338338 306VI of the Civil Rights Act of 1964, Executive Order No. 13166, and the federal rules and
339339 307regulations adopted in implementation thereof, except that if the laws of the commonwealth
340340 308prescribe stronger protections and prohibitions, the programs and activities subject to this act
341341 309shall be subject to the stronger protections and prohibitions.
342342 310 Section 9. Language Access Implementation Schedule
343343 311 1. On or before 1 year after this bill is enacted, there shall be full implementation by: 17 of 18
344344 312 i. MassHealth
345345 313 ii.the department of children and families
346346 314 iii.the department of early education and care
347347 315 iv.the department of elementary and secondary education
348348 316 v. the department of housing and community development
349349 317 vi.the department of transitional assistance
350350 318 vii.the department of unemployment assistance
351351 319 viii.the registry of motor vehicles
352352 320 ix.the department of public health 
353353 321 x. Massachusetts office for victim assistance
354354 322 xi.the department of mental health
355355 323 xii.the office of access and opportunity
356356 324 2. On or before 2 years after this bill is enacted, there shall be full implementation
357357 325by all agencies or departments within:
358358 326 i. the executive office of education
359359 327 ii.the executive office of health and human services
360360 328 iii.the executive office of housing and economic development
361361 329 iv.the department of revenue child support enforcement division 18 of 18
362362 330 v. the district attorneys of Massachusetts
363363 331 vi.the executive office of public safety and security
364364 332 vii.the Massachusetts commission against discrimination
365365 333 3. On or before 3 years after this bill is enacted, there shall be full implementation
366366 334by all agencies or departments within:
367367 335 i. the executive office for administration and finance
368368 336 ii.the executive office of energy and environmental affairs
369369 337 iii.the executive office of labor and workforce development
370370 338 iv.the executive office of public safety and security
371371 339 v. the executive office of technology services and security
372372 340 vi.the executive office of transportation and public works
373373 341 vii.the department of revenue
374374 342 viii.the disabled protection commission
375375 343 ix.the sheriffs of Massachusetts
376376 344 x. the Massachusetts office of consumer affairs and business regulation
377377 345 xi.the cannabis control commission
378378 346 4. Additional state agencies may be beholden to this statute as determined by the
379379 347language access advisory board, in consultation with the office of access and opportunity.