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History
- Held for consideration in governmental operations
- Print number 5333a
- Amend and recommit to governmental operations
- Referred to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the "access to public services for non-English speakers act"
Senate Floor Calendar · Sponsor Kevin S. Parker
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A5333A
Title of bill
An act to amend the executive law, in relation to estab- lishing 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 limit- ed English proficient population constituting at least three percent of the overall population served by the state agency; and any additional methods or means necessary 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 popu- lation. 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 unemployment 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. Sandoval 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 individuals to file discrimi- nation 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
2005/06: A.10613 2007/08: A.5077 referred to governmental operations
Fiscal implications
There is a minimal fiscal impact anticipated with implementation of the requirements of this legislation.
Local fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.