NY State Senate Bill 2021-S5224

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Feb 26, 2021	referred to finance

co-Sponsors

2021-S5224 (ACTIVE) - Details

See Assembly Version of this Bill:: A3117
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 14-A §§280 - 282, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S5224, A3117

2021-S5224 (ACTIVE) - Summary

Enacts the "Access to Public Services for Non-English Speakers Act"; requires state agencies to take reasonable steps to provide equal access to services through oral language services or translating documents for persons with limited English proficiency.

2021-S5224 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5224

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
access to public services for non-English speakers act

 
PURPOSE:

To provide individuals with limited English proficiency equal access to
state departments, agencies and programs.

 
SUMMARY OF PROVISIONS:

Requires state agencies to take reasonable steps to provide equal access
to public services for individuals with limited English proficiency, by
providing in-house oral language services for residents with limited
English proficiency; translating vital documents ordinarily provided to
the public into any language spoken by any limited English proficient
population constituting at least three percent of the overall population

served by the state agency; and any additional Methods or means neces-
sary to achieve equal access to public services.

Each state agency is also required to adopt regulations at least six
months in advance of adoption in order to effectuate the intent and
purpose of the legislation, and consult with the Attorney General on
central coordination and technical assistance with compliance with the
legislation.

The Proposed act would take effect immediately upon enactment.

 
JUSTIFICATION:

During the 1990s, the population of foreign-born U.S. residents rose to
31 million, more than 10 percent of the total population.  According to
data from the 2000 Census, 21.3 million of those foreign-born residents
do not speak English "very well," up from 13.9 in 1990. Yet, because
state agencies generally offer information and services only in English,
many residents are unable to access the assistance they qualify for and
need. In New York, for example, when the state closed walk-in unemploy-
ment offices in 1997 and required workers to file unemployment claims
through a telephone system, most non-English speakers were left at a
severe disadvantage.

In 2001, the united States Supreme Court ruled in Alexander v.  Sando-
val. 532 US 275, that Title VI of the Civil Rights Act did not guarantee
language access rights. This means that the federal government will not
solve the problem. Maryland, Massachusetts and California have enacted
comprehensive laws to make public services accessible to workers with
limited knowledge of English. Connecticut and California allow individ-
uals to file discrimination complaints when access to public services is
denied as a result of limited English proficiency statutes exist in
Nebraska, Iowa and Connecticut that require employers to give immigrant
workers notice of their workplace rights in their own language.

 
LEGISLATIVE HISTORY:

2019-20: S. 4853 - Referred to Finance
2017-18: S. 3281 - REFERRED TO FINANCE

2015-16: S.1065A - Amend and Recommit to Finance

2013-14: S.3213A - Amended and Recommitted to Finance

2011-12: S.1733 - Referred to Finance

2009-10: S.2274-A Referred to Finance A.5333-A Referred to Governmental
Operations

2007-08: 5.2472 Referred to Finance A.5077 Referred to Governmental
Operations

2005-06: S.5315 Referred to Finance

 
FISCAL IMPLICATIONS:

There is a minimal fiscal impact anticipated with implementation of the
requirements of this legislation.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S5224 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5224
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER,  COMRIE, RIVERA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   access to public services for non-English speakers act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be  known  as  the  "Access  to
 Public Services for Non-English Speakers Act".
   §  2.  Legislative  findings and purpose. The legislature hereby finds
 and declares that:
   1. thousands of residents cannot access the public  services  provided
 by  state  departments, agencies and programs because of their inability
 or limited ability to speak, understand or read  the  English  language;
 and
   2.  non-English  speakers  must  have  access to these important state
 programs.
   The purpose of this act is to provide individuals with limited English
 proficiency equal access to state departments, agencies and programs.
   § 3. The executive law is amended by adding a new article 14-A to read
 as follows:
                               ARTICLE 14-A
          ACCESS TO PUBLIC SERVICES FOR NON-ENGLISH SPEAKERS ACT
 SECTION 280. DEFINITIONS.
         281. LANGUAGE ACCESS REQUIRED.
         282. SCHEDULE IMPLEMENTATION.
   § 280. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  WORDS
 SHALL MEAN THE FOLLOWING:
   1. "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06023-01-1

 S. 5224                             2
 
   2. "LIMITED ENGLISH PROFICIENCY" MEANS  THE  INABILITY  TO  ADEQUATELY
 UNDERSTAND OR EXPRESS ONESELF IN THE SPOKEN OR WRITTEN ENGLISH LANGUAGE.
   3. "ORAL LANGUAGE SERVICES" INCLUDES VARIOUS METHODS TO PROVIDE VERBAL
 INFORMATION  AND  INTERPRETATIONS  SUCH AS STAFF INTERPRETERS, BILINGUAL
 STAFF, TELEPHONE INTERPRETER PROGRAMS, AND PRIVATE INTERPRETER PROGRAMS.
   4. "VITAL DOCUMENTS" MEANS APPLICATIONS  OR  INFORMATIONAL  MATERIALS,
 NOTICES  AND  COMPLAINT FORMS OFFERED BY STATE DEPARTMENTS, AGENCIES AND
 PROGRAMS. "VITAL DOCUMENTS" DOES NOT INCLUDE APPLICATIONS  AND  EXAMINA-
 TIONS  RELATED  TO THE LICENSURE, CERTIFICATION OR REGISTRATION OF BUSI-
 NESSES AND PROFESSIONALS.
   § 281. LANGUAGE ACCESS REQUIRED. 1. EACH STATE DEPARTMENT  SHALL  TAKE
 REASONABLE STEPS TO PROVIDE EQUAL ACCESS TO PUBLIC SERVICES FOR INDIVID-
 UALS WITH LIMITED ENGLISH PROFICIENCY.
   2.  REASONABLE  STEPS  TO  PROVIDE  EQUAL  ACCESS  TO  PUBLIC SERVICES
 INCLUDE:
   (A) IN-HOUSE ORAL  LANGUAGE  SERVICES  FOR  INDIVIDUALS  WITH  LIMITED
 ENGLISH  PROFICIENCY, IF CONTACT BETWEEN ANY AGENCY AND INDIVIDUALS WITH
 LIMITED ENGLISH PROFICIENCY IS ON A WEEKLY OR MORE FREQUENT BASIS.
   (B) THE TRANSLATION OF VITAL  DOCUMENTS  ORDINARILY  PROVIDED  TO  THE
 PUBLIC  INTO ANY LANGUAGE SPOKEN BY ANY LIMITED ENGLISH PROFICIENT POPU-
 LATION THAT CONSTITUTES AT LEAST THREE PERCENT OF THE OVERALL POPULATION
 WITHIN THE GEOGRAPHIC AREA SERVED BY A LOCAL OFFICE OF A  STATE  AGENCY,
 AS MEASURED BY THE U.S. CENSUS.
   (C)  ANY ADDITIONAL METHODS OR MEANS NECESSARY TO ACHIEVE EQUAL ACCESS
 TO PUBLIC SERVICES.
   3.  EACH  STATE  DEPARTMENT  SHALL  ADOPT  REGULATIONS  REGARDING  THE
 REQUIREMENTS  OF  THIS  ARTICLE AT LEAST SIX MONTHS PRIOR TO THE DATE OF
 FULL IMPLEMENTATION FOR THAT DEPARTMENT.
   4. THE DEPARTMENT, IN CONSULTATION WITH THE  OFFICE  OF  THE  ATTORNEY
 GENERAL,  SHALL PROVIDE CENTRAL COORDINATION AND TECHNICAL ASSISTANCE TO
 DEPARTMENTS AND AGENCIES TO HELP THEM COMPLY WITH THIS ARTICLE.
   § 282. SCHEDULE IMPLEMENTATION. THE PROVISIONS OF THIS  ARTICLE  SHALL
 BE FULLY IMPLEMENTED ACCORDING TO THE FOLLOWING SCHEDULE:
   1. THE DEPARTMENT OF LABOR, THE DEPARTMENT OF HEALTH AND THE OFFICE OF
 CHILDREN  AND  FAMILY  SERVICES ON OR BEFORE JANUARY FIRST, TWO THOUSAND
 TWENTY-TWO.
   2. THE DEPARTMENT OF  CORRECTIONAL  SERVICES  AND  THE  DEPARTMENT  OF
 TRANSPORTATION  AND THE OFFICE FOR THE AGING ON OR BEFORE JANUARY FIRST,
 TWO THOUSAND TWENTY-THREE.
   3. ALL OTHER DEPARTMENTS OR AGENCIES ON OR BEFORE JANUARY  FIRST,  TWO
 THOUSAND TWENTY-FOUR.
   § 4. This act shall take effect immediately.

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Senate Bill S5224

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2021-S5224 (ACTIVE) - Details

2021-S5224 (ACTIVE) - Summary

2021-S5224 (ACTIVE) - Sponsor Memo

2021-S5224 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5224

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Leroy Comrie

Gustavo Rivera

2021-S5224 (ACTIVE) - Details

2021-S5224 (ACTIVE) - Summary

2021-S5224 (ACTIVE) - Sponsor Memo

2021-S5224 (ACTIVE) - Bill Text download pdf

Comments