Enacts the "access to public services for non-English speakers act"

7 Co-sponsors

• Eric Adams
• Ruben Diaz
• Thomas K. Duane
• Ruth Hassell-Thompson
• Liz Krueger
• John L. Sampson
• Daniel L. Squadron

BILL NUMBER:S1733

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 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 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 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 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

2010: S.2274-A Referred to Finance A.5333-A Referred to Governmental Operations 2008: S.2472 Referred to Finance A.5077 Referred to Governmental Operations 2006: 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.