What's happening
This bill requires New York state agencies to provide language access services so non-English speakers can equally access public services.
Why it matters
Defines “equal access”. to mean that non-English speakers must be able to understand, participate in, and benefit from state services at the same level as English speakers, setting a high standard for inclusion.
Requires translation of “vital documents”. (such as applications, notices, and complaint forms) into any language spoken by at least 3% of the local population served by a state office, ensuring significant language groups receive written materials they can understand.
Mandates oral language services. (like staff interpreters or telephone interpretation) in agencies that have frequent weekly contact with limited English proficient individuals, making real-time communication possible and reducing barriers in person-to-person interactions.
Staggers implementation across agencies. , prioritizing departments like Labor, Health, and Children & Family Services to comply first, which could benefit vulnerable populations (e.g., workers, families, elderly) the soonest and set the stage for expansion to all state agencies.
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Who cares
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Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to finance
- Referred to finance
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.
Ensure Services for Non-English Speakers
In Assembly Committee · Governmental Operations · Sponsor Ron Kim
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4852
2019-2020 Regular Sessions
IN SENATE
March 27, 2019
Introduced by Sen. PARKER -- 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 Assembly, 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.
LBD03640-01-9
S. 4852 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 examinations related to the licensure, certification or registration of businesses and professionals.
§ 281. Language access required. 1. Each state department shall take reasonable steps to provide equal access to public services for individuals 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 population 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.
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-one.
3. All other departments or agencies on or before January first, two thousand twenty-two.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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. 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 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
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.