The General Assembly finds that the inability to speak, understand, or read the English language is a barrier that prevents access to public services provided by State departments, agencies, and programs, and that the public services available through these entities are essential to the welfare of Maryland residents. It is the policy of the State that State departments, agencies, and programs shall provide equal access to public services for individuals with limited English proficiency.

In this subtitle the following words have the meanings indicated. “Equal access” means to be informed of, participate in, and benefit from public services offered by a State department, agency, or program, at a level equal to English proficient individuals. “Equal access” includes the ability to receive language assistance that: ensures accurate, timely, and effective communication at no cost to the individual; and is not significantly restricted, delayed, or of lower quality compared to programs or activities available to English–proficient individuals. “Language access plan” means a written document that standardizes the language access compliance policy, standard operating procedure, reporting, and complaint process for each State department, agency, or program. “Language assistance services” includes various methods to provide verbal information and interpretation such as: staff interpreters, bilingual staff, telephone interpreter programs, and private interpreter programs; and sign languages, braille, TDD/TT/TTY, large print, plain language, and other communication accommodations used by individuals with disabilities. “Limited English proficiency” means a limited ability to read, write, speak, or understand English in a manner that allows effective communication with a State department, agency, or program to have access to and participate in services, activities, programs, or other benefits administered by the State. “Program” means all of the operations of a State department, State agency, or any other instrumentality of the State. “Public contact positions” are positions in a State department, agency, or program for which the primary responsibilities include greeting, meeting, or providing information or services to the public. “Vital documents” means all applications or informational materials, notices, and complaint forms offered by State departments, agencies, and programs that are critical for accessing a State department, agency, or program. “Vital documents” include: emergency preparedness and risk communications; online and paper applications; consent forms; complaint forms; all categories of letters or notices pertaining to the eligibility for State benefits; written tests evaluating competency for a license, job, or skill for which English proficiency is not required; documents that are required by law; and notices at no cost regarding the availability of language assistance services for individuals with limited English proficiency. “Vital documents” does not include applications and examinations related to the licensure, certification, or registration under the Health Occupations Article, Financial Institutions Article, Business Occupations and Professions Article, and Business Regulation Article within the jurisdiction of the Maryland Department of Health or the Maryland Department of Labor.

Each State department, agency, or program listed or identified under subsection (c) of this section shall: subject to subsection (b) of this section, develop a language access plan; take reasonable steps to provide equal access to public services for individuals with limited English proficiency who need language assistance, including any oral, written, and sign language services; and arrange for the translation of vital documents ordinarily provided to the public into any language spoken by any limited English proficient population that constitutes 3% of the population within the geographic area served by a local office of a State program. In developing the language access plan required under subsection (a)(1) of this section, each State department, agency, or program shall: determine the number or percentage of individuals with limited English proficiency who are eligible to be served by, or likely to have an encounter with, the State department, agency, or program; estimate the frequency with which individuals with limited English proficiency will come into contact with the State department, agency, or program; and determine the language assistance resources available to the State department, agency, or program. Each State department, agency, or program shall update the language access plan every 2 years and include: the types and descriptions of language assistance services that the State department, agency, or program will provide; a list of the languages, including dialects, or forms of communication for which a State department, agency, or program will provide language assistance services and the rationale for selecting the languages, dialects, or forms of communication; an evaluation and assessment of the adequacy of the language assistance services to be provided; a description and frequency of training for public contact staff on the language access plan; the process for filing a complaint related to a language assistance service; and a description of the funding and budgetary sources to implement the language access plan. On or before July 1, 2028, the provisions of this section shall be fully implemented by: the Workers’ Compensation Commission; the Commission on Civil Rights; the Department of State Police; the Comptroller of Maryland; the Maryland Transit Administration; the State Department of Education; the Office of the Attorney General; five independent agencies, boards, or commissions, to be determined by the Secretary of Human Services, in collaboration with the Office of the Attorney General; and each principal department listed under § 8–201 of this article. If a principal department is created on or after October 1, 2028, the principal department shall comply with the requirements of this section beginning 1 year after the date on which the principal department is created. On or before September 30 each year, each State department, agency, or program identified under subsection (c) of this section shall submit a report to the Maryland Language Advisory Group that contains the following information for the previous fiscal year: a summary of all activities performed, including a self–assessment and explanation of any unmet objectives; and any other performance measures required by the Maryland Language Advisory Group.

In this section, “Advisory Group” means the Maryland Language Advisory Group. On or before January 1, 2026, the Office and the Department of Disabilities shall convene the Maryland Language Advisory Group to make findings and recommendations on oversight, monitoring, investigation, and enforcement of this subtitle. The Advisory Group shall include: the Director, or the Director’s designee; the Director of the Office of the Deaf, Deafblind, and Hard of Hearing, or the Director’s designee; the Secretary of Disabilities, or the Secretary’s designee; the Secretary of Labor, or the Secretary’s designee; the Secretary of Human Services, or the Secretary’s designee; the Secretary of Health, or the Secretary’s designee; the Secretary of Information Technology, or the Secretary’s designee; and the State Superintendent of Schools, or the State Superintendent’s designee. The Director or the Director’s designee and the Secretary of Disabilities or the Secretary’s designee are the co–chairs of the Advisory Group. The staffing responsibilities shall be shared by the Office and the Department of Disabilities. The Advisory Group shall meet at least twice each year. The Advisory Group may establish workgroups as necessary to complete the duties of the Advisory Group. A workgroup established under paragraph (1) of this subsection may include members that are not listed under subsection (c) of this section. On or before July 1 each year, the Advisory Group shall: in consultation with the appropriate State and local agencies and community organizations: review any language access plans, as defined in § 10–1102 of this subtitle, developed by State departments, agencies, and programs to develop a template language access plan; review laws and best practices of local jurisdictions and other states relating to language access; develop a template language access plan, as defined in § 10–1102 of this subtitle, for State departments, agencies, or programs; develop a template language access policy and template language access standard operating procedure for State departments, agencies, or programs; recommend at least one State department, agency, or program to perform oversight, monitoring, investigation, and enforcement of this subtitle; establish a framework to assess if State departments, agencies, and programs are in compliance with § 10–1103 of this subtitle; and solicit input from the stakeholders identified under item (2) of this subsection; solicit input from: legal and social services organizations that provide services to individuals with limited English proficiency, as defined in § 10–1102 of this subtitle; legal and social services organizations that provide services to individuals with disabilities; disability rights advocacy organizations; immigrants’ rights advocacy organizations; individuals with lived experience with limited English proficiency, as defined in § 10–1102 of this subtitle, sign language, visual disabilities, or other communication disabilities; and other relevant stakeholders. On or before June 1 each year, the Advisory Group shall submit an annual report to the General Assembly, in accordance with § 2–1257 of this article. The report shall include: a description of the work of the Advisory Group; and any recommendations of the Advisory Group.

Each State department, agency, or program not listed or identified under § 10–1103(c) of this subtitle shall monitor its operations to determine if the State department, agency, or program should take reasonable steps under § 10–1103 of this subtitle to achieve equal access to public services for individuals with limited English proficiency.

Except as provided in subsections (b) and (c) of this section, each State department, agency, and program shall provide for each website that may reasonably be expected to be available to and used by members of the general public equal access versions of the website in any language that: is spoken by any limited English proficient population that constitutes at least 0.5% of the overall population within the State, as measured by the most recent United States Census; and can be translated free of charge. If machine translation services are used to carry out the provisions of paragraph (1) of this subsection, the State department, agency, or program may post conspicuously on its website, a disclaimer that the State department, agency, or program: does not guarantee the accuracy or reliability of the translation; and is not liable for any loss or damage arising out of the use of or reliance on the translated content. A State department, agency, or program is not required to provide equal access to website content if: the State department, agency, or program determines that an inaccurate translation of the content could lead to a denial of services or benefits; or the content cannot be translated due to the limitations of machine translation software, including files in PDF format, images, and videos. A unit of local government is encouraged to provide equal access versions of websites to the same extent State departments, agencies, and programs are required to under subsection (a) of this section, but may not be required to do so.

The Department of Human Services, in consultation with the Office of the Attorney General and the Department of Information Technology, shall provide central coordination and technical assistance to State departments, agencies, and programs to aid compliance with this subtitle. The Department of Information Technology shall establish minimum standards to which the equal access versions of websites required under § 10–1105 of this subtitle must conform. The minimum standards established under paragraph (1) of this subsection shall include a standard regarding the prominent placement of links on the English version of a website to each equal access version of the website.