Overview of State Legislation Addressing Language Access Issues

August 13, 2009

This legislative session included many bills focused on improving access to benefits and public services for limited English proficient (LEP) New Yorkers. Title VI of the Civil Rights Act of 1964 requires state agencies to ensure that LEP individuals have meaningful access to programs and benefits by providing language assistance services including interpreter services and the translation of vital documents.1 Language access bills introduced this session would require state agencies to provide language assistance services to LEP individuals, the translation of agency informational documents and website information, and improved language assistance services at hospitals.

S.02574 (Monserrate)/A.0309 (Peralta) - Requires All State Agencies to Provide Language Assistance Services

This bill would amend the Civil Service law and require all state agencies to ensure language assistance services are provided to limited English proficient (LEP) individuals including necessary interpreter services and the translation of frequently used forms and documents used by the agency. This bill would also require each state agency to maintain records of the primary language spoken by any individual seeking such assistance to submit an annual report on language services. http://assembly.state.ny.us/leg/?bn=S02574.

A.5333 (Espaillat)/ S.02274 (Parker) - Access to Public Services for Non-English Speakers Act

This bill enacts the "Access to Public Services for Non-English Speakers Act" and requires all 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. Required language assistance services include interpretation, oral language services, and the translation of vital agency documents. http://assembly.state.ny.us/leg/?bn=S02274. 

A.04387 (Ortiz) - Agency Websites Must be Available in Multiple Languages

This bill requires that any website maintained by any state agencies, departments, divisions,commissions, and other entities which provide materials explaining the services of the entity must be translated into a non-English language spoken by a substantial number of the public served by the entity. This bill passed in the Assembly on June 22, 2009. http://assembly.state.ny.us/leg/?bn=A04387. 

S.02281 (Parker) - Equal Access to Health and Human Services for Limited English Speaking Individuals Act

The “Equal Access to Health and Human Services for Limited English Speaking Individuals" act would amend the executive law and ensure equal access to health and human services for limited English proficient (LEP) individuals. It requires the New York State Department of Family Assistance, Department of Health and Department of Labor to provide free language assistance services to LEP individuals, including interpreter services and the translation of vital agency documents in 22 languages. http://assembly.state.ny.us/leg/?bn=S02281. See also S.05185 (Schneiderman),http://assembly.state.ny.us/leg/?bn=S05185. 

A.05225-A (Espaillat)/S.5407-A (Monserrate) - Language Assistance Services for LEP Hospital Patients

This bill requires hospitals to provide language assistance services to a patient or a patient's assistant for communication of clinical and other information and that such services are available at all locations during all times that patient care is available. It also requires frequently used forms be available in all of the hospital's primary languages, provides for training of interpreters and requires hospitals to submit an annual compliance report to the Department of Health. This bill passed in the Assembly on June 22, 2009. http://assembly.state.ny.us/leg/?bn=A05225.

S.05408 (Monserrate)/A.4520 (Espaillat) - Translation of Housing Applications and Legal Forms in Multiple Languages

This bill would authorize the Commissioner of the New York Division of Housing and Community Renewal (DHCR) to prescribe for the translation of legal forms and applications into Spanish and any other languages as long as such language is spoken by at least one percent of the population. http://assembly.state.ny.us/leg/?bn=S05408&sh=t.

S.04594-A(Schneiderman)/A.5273-A(Espaillat) - Sight Translation of Orders of Protection by Court Interpreters

This bill would require court appointed interpreter to provide a sight translation of orders of protection and temporary orders of protection issued in family court or in cases of family offenses in criminal court in the native language of limited English proficient (LEP) parties. http://assembly.state.ny.us/leg/?bn=S04594.

S.04367 (Hassell-Thompson)/A.7158 (Ortiz) - Access to Substance Abuse Programs for LEP Prisoners

This bill would require the Commissioner of the New York State Office of Corrections to ensure that limited English proficient (LEP) prisoners receive appropriate language assistance services to ensure their equal participation in substance abuse programs. http://assembly.state.ny.us/leg/?bn=S04367.

S.02590 (Sampson)/A.3318 (Peralta) - Mortgage Applicant’s Bill of Rights Translated into Eight LEP Languages

This bill would require the Superintendent of Banks to develop a pamphlet "the mortgage applicant's bill of rights" and post this pamphlet on the New York State Banking Department’s website in the eight most commonly spoken languages in the state. The pamphlet will be provided by licensed lenders and banking organization to each limited English proficient (LEP) person in their own language before such person enters into an application for a loan secured by a mortgage upon residential real estate. http://assembly.state.ny.us/leg/?bn=S02590.

S.01545 (Stavisky)/A.5017 (Rivera, P) - Requires the Translations of Motor Vehicle Contract Terms

This bill requires motor vehicle sales and lease contract terms be written in the language in which such contracts were negotiated and requires retail motor vehicle dealers who negotiate primarily in languages other than English deliver to consumers a translation of such contracts in the language in which such contracts were negotiated.  This legislation also provides remedies to aggrieved consumers including cancellation of the contract. http://assembly.state.ny.us/leg/?bn=S01545.

1 Federal Interagency Working Group on Limited English Proficiency, Questions and Answers http://www.lep.gov/faqs/faqs.html