NY State Senate Bill 2019-S1950A

Senate Bill S1950A

Signed By Governor

2019-2020 Legislative Session

Requires the office of court administration to collect and maintain data on limited English proficient litigants in the state

download bill text pdf

Archive: Last Bill Status Via A754 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 12, 2019	signed chap.621
Dec 06, 2019	delivered to governor
Jun 13, 2019	returned to assembly passed senate 3rd reading cal.467 substituted for s1950a
Jun 13, 2019	substituted by a754a
May 29, 2019	amended on third reading 1950a
May 06, 2019	advanced to third reading
May 01, 2019	2nd report cal.
Apr 30, 2019	1st report cal.467
Jan 18, 2019	referred to judiciary

Votes

- Jun 13, 2019 - Floor Vote
  A754
  
  56
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2019
      
      aye (56)
      
      Addabbo Jr.
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (6)
      
      Akshar
      
      Antonacci
      
      Jordan
      
      Lanza
      
      Ortt
      
      Seward
  Apr 30, 2019 - Judiciary Committee Vote
  S1950A
  
  12
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Apr 30, 2019
      
      aye (12)
      
      Bailey
      
      Boyle
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      O'Mara
      
      Savino
      
      Sepúlveda
      
      Stavisky
      
      Thomas
      
      aye wr (3)
      
      LaValle
      
      Lanza
      
      Ranzenhofer

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S1950 - Details

See Assembly Version of this Bill:: A754
Law Section:: Judiciary Law
Laws Affected:: Add §391, Judy L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10245
2017-2018: A1936

2019-S1950 - Summary

Requires the office of court administration to collect and maintain data on limited English proficient litigants in the state; requires such information be publicly available.

2019-S1950 - Sponsor Memo

                                
 
BILL NUMBER: S1950

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to requiring the office
of court administration to collect and maintain data on limited English
proficient litigants in the state

 
PURPOSE OR GENERAL IDEA OF BILL:

To require the office of court administration to collect and maintain
data on all limited English proficient individuals who are litigating in
New York State Courts.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new section 391 to amend the judiciary
law and defines "language assistance services" as interpretation
services and/or translation services provided by interpreter personnel
to a limited English proficient individual in his or her primary

language to ensure such individual's ability to communicate effectively
with a court, court personnel and other parties. This defines "primary
language' and the language in which a limited English proficient indi-
vidual chooses to communicate with others and "translation services" as
oral explanation or written translation.  The office of court adminis-
tration shall collect and maintain data on all limited English profi-
cient individuals.

Section two requires that this act shall take effect on the one hundred
eightieth day after it shall have become a law.

 
JUSTIFICATION:

New York State has approximately 5.5 million residents who are not
native English speakers and 2.5 million New Yorkers with limited English
proficiency (LEP). Seeking to address the needs of this large and grow-
ing population, Governor Cuomo signed Executive Order Number 26 in 2011
requiring all state agencies that provide direct public services to
begin translating essential forms, instructions and other documents in
the six most common languages found in the state. Under the Executive
Order Number 26 the agencies also must provide interpretation in
clients' primary language, regardless of whether it is one of the six
most common. State agencies were required to begin providing these
services by October 6, 2012.

While this was a significant step forward in meeting the needs of LEP
New Yorkers, the state Office of Court Administration was not specif-
ically covered by the executive order. OCA has sought to provide trans-
lation services to LEP parties in civil court actions but those efforts
have been far from comprehensive. By requiring the Office of Court
Administration to collect and maintain data on LEP litigants, data that
would be disaggregated by court and county, this legislation lays the
groundwork for a comprehensive approach to the translation ,needs of all
LEP New Yorkers to ensure equitable access to our civil Court system.

 
LEGISLATIVE HISTORY OF THE BILL:

2017-18: A.1936-A - Amended on third reading
 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S1950 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1950
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to requiring  the  office
   of  court  administration  to  collect  and  maintain  data on limited
   English proficient litigants in the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The judiciary law is amended by adding a new section 391 to
 read as follows:
   § 391. LIMITED ENGLISH PROFICIENT LITIGANTS' DATA. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "PRIMARY  LANGUAGE"  MEANS  THE  DOMINANT  LANGUAGE AN INDIVIDUAL
 SPEAKS IN EVERYDAY SITUATIONS, INCLUDING BUT NOT LIMITED TO THEIR  HOME,
 WORK, SCHOOL, AND COMMUNITY ENVIRONMENTS;
   (B)  "LIMITED ENGLISH PROFICIENT (LEP) INDIVIDUAL" MEANS A PARTICIPANT
 IN A LEGAL PROCEEDING, WHOSE LIMITED ABILITY TO SPEAK OR UNDERSTAND  THE
 ENGLISH  LANGUAGE, HAS CREATED A COMMUNICATIONS BARRIER TO UNDERSTANDING
 HIS OR HER LEGAL RIGHTS OR IMPAIRS HIS OR  HER  ABILITY  TO  PARTICIPATE
 FULLY IN COURT PROGRAMS OR SERVICES;
   (C)  "LANGUAGE  ASSISTANCE  SERVICES"  MEANS ORAL AND WRITTEN SERVICES
 NEEDED TO ASSIST LEP INDIVIDUALS TO COMMUNICATE EFFECTIVELY  WITH  COURT
 PERSONNEL  AND TO PROVIDE LEP INDIVIDUALS WITH MEANINGFUL ACCESS TO, AND
 AN  EQUAL  OPPORTUNITY  TO  PARTICIPATE  FULLY  IN,  COURT  PROGRAMS  OR
 SERVICES,  SO  THAT  LEP  INDIVIDUALS ARE PLACED IN THE SAME POSITION AS
 SIMILARLY SITUATED PERSONS FOR WHOM THERE IS NO SUCH BARRIER; AND
   (D) "TRANSLATION SERVICES" MEANS INTERPRETING THE WORDS  USED  BY  THE
 JUDGE,  PARTIES  AND  RELEVANT  PARTICIPANTS  IN A LEGAL PROCEEDING FROM
 ENGLISH INTO AN LEP INDIVIDUAL'S PRIMARY LANGUAGE AND  INTERPRETING  THE
 WORDS USED BY THE LEP INDIVIDUAL BACK TO ENGLISH.
   2.  THE OFFICE OF COURT ADMINISTRATION SHALL COLLECT AND MAINTAIN DATA
 ON ALL LIMITED ENGLISH  PROFICIENT  INDIVIDUALS  WHO  ARE  LITIGANTS  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00094-01-9

 S. 1950                             2
 
 COURTS  WITHIN  THIS STATE.   AT A MINIMUM, THE OFFICE OF COURT ADMINIS-
 TRATION SHALL COLLECT AND MAINTAIN DATA ON THE FOLLOWING:
   (A) THE NUMBER OF LIMITED ENGLISH PROFICIENT INDIVIDUALS WHO ARE LITI-
 GANTS  IN  COURTS  WITHIN THIS STATE, DISAGGREGATED BY COURT AND COUNTY,
 AND THE PRIMARY LANGUAGE OF SUCH INDIVIDUALS;
   (B) THE NUMBER OF SUCH LIMITED ENGLISH PROFICIENT INDIVIDUALS ACTUALLY
 SERVED, DISAGGREGATED BY COURT AND COUNTY, THE TYPE OF LANGUAGE  ASSIST-
 ANCE  SERVICES  PROVIDED  AND  THE  PRIMARY  LANGUAGE  OF THE INDIVIDUAL
 SERVED; AND
   (C) THE NUMBER OF INTERPRETER PERSONNEL EMPLOYED BY THE COURTS, DISAG-
 GREGATED BY COURT AND COUNTY AND THE LANGUAGE TRANSLATED OR  INTERPRETED
 BY SUCH PERSONNEL.
   3.  THE OFFICE OF COURT ADMINISTRATION SHALL MAKE THE DATA REQUIRED BY
 THIS SECTION PUBLICLY AVAILABLE ON ITS WEBSITE, PROVIDED, HOWEVER,  THAT
 SUCH  DATA SHALL NOT INCLUDE IDENTIFYING INFORMATION AND NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PERMIT THE OFFICE OF COURT  ADMINISTRATION
 TO USE, DISSEMINATE, OR PUBLISH ANY IDENTIFYING INFORMATION INCLUDING AN
 INDIVIDUAL'S NAME, DATE OF BIRTH, SOCIAL SECURITY NUMBER, DOCKET NUMBER,
 OR OTHER UNIQUE IDENTIFIER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.

co-Sponsors

2019-S1950A (ACTIVE) - Details

See Assembly Version of this Bill:: A754
Law Section:: Judiciary Law
Laws Affected:: Add §391, Judy L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10245
2017-2018: A1936

2019-S1950A (ACTIVE) - Summary

Requires the office of court administration to collect and maintain data on limited English proficient litigants in the state; requires such information be publicly available.

2019-S1950A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1950A

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the judiciary law, in relation to
requiring the office of court administration to collect and maintain
data on limited English proficient litigants in the state

 
PURPOSE OR GENERAL IDEA OF BILL:

To require OCA to collect and maintain data on all limited English
proficient individuals who are litigating in New York State Courts.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new section 391 to amend the judiciary
law, defining such terms as "primary language," "limited English profi-
cient litigant," and "language assistance services." The section also
mandates the collection and maintenance of relevant data in certain
courts across our State.

Section two sets forth the effective date.

 
JUSTIFICATION:

New York State has approximately 5.5 million residents who are not
native English speakers, and approximately 2.5 million New Yorkers with
limited English proficiency (LEP). Seeking to address the needs of this
large and growing population of New Yorkers, Governor Cuomo in October
2011 signed Executive Order No. 26. This order requires all state agen-
cies that provide direct public services to New Yorkers to begin trans-
lating essential forms, instructions, and other documents in the six-
most common languages spoken across the state.  Under Executive Order
No. 26, agencies must also provide interpretation services in clients'
primary language, regardless of whether it is one of the six-most common
languages spoken in our state. State agencies were required to begin
providing these services by October 6, 2012.

While this Order was a significant step forward in meeting the needs of
LEP New Yorkers seeking services from state agencies, the Order does not
specifically cover LEP New Yorkers engaged in one form or another with
our state courts. OCA is not specifically covered by the Executive
Order. OCA's efforts in providing translation services to LEP parties in
our courts is commendable, but, unfortunately, far from comprehensive.

This legislation seeks to bridge the gap. By requiring OCA to collect
and maintain data on LEP litigants disaggregated by court and county,
this legislation lays the groundwork for a more comprehensive approach
to the translation needs of all LEP New Yorkers. The goal is to ensure
equitable access to our courts regardless of the language spoken by the
parties.

 
LEGISLATIVE HISTORY OF THE BILL:

2017-18: A.1936-A - Amended on third reading

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S1950A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1950--A
     Cal. No. 467
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sens. BAILEY, SALAZAR -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT  to amend the judiciary law, in relation to requiring the office
   of court administration  to  collect  and  maintain  data  on  limited
   English proficient litigants in the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The judiciary law is amended by adding a new section 391 to
 read as follows:
   § 391. LIMITED ENGLISH PROFICIENT LITIGANTS' DATA. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PRIMARY LANGUAGE" MEANS THE DOMINANT LANGUAGE A  LITIGANT  SPEAKS
 IN  EVERYDAY  SITUATIONS, INCLUDING BUT NOT LIMITED TO THEIR HOME, WORK,
 SCHOOL, AND COMMUNITY ENVIRONMENTS;
   (B) "LIMITED ENGLISH PROFICIENT (LEP) LITIGANT" MEANS A PARTICIPANT IN
 A LEGAL PROCEEDING, WHOSE LIMITED ABILITY TO  SPEAK  OR  UNDERSTAND  THE
 ENGLISH  LANGUAGE, HAS CREATED A COMMUNICATIONS BARRIER TO UNDERSTANDING
 HIS OR HER LEGAL RIGHTS OR IMPAIRS HIS OR  HER  ABILITY  TO  PARTICIPATE
 FULLY IN COURT PROGRAMS OR SERVICES; AND
   (C)  "LANGUAGE  ASSISTANCE  SERVICES"  MEANS ORAL AND WRITTEN SERVICES
 NEEDED TO ASSIST LEP LITIGANTS TO  COMMUNICATE  EFFECTIVELY  WITH  COURT
 PERSONNEL AND TO PROVIDE LEP LITIGANTS WITH MEANINGFUL ACCESS TO, AND AN
 EQUAL  OPPORTUNITY  TO PARTICIPATE FULLY IN, COURT PROGRAMS OR SERVICES,
 SO THAT LEP LITIGANTS ARE PLACED IN THE SAME POSITION AS SIMILARLY SITU-
 ATED PERSONS FOR WHOM THERE IS NO SUCH BARRIER.
   2. THE OFFICE OF COURT ADMINISTRATION SHALL COLLECT AND MAINTAIN  DATA
 ON  ALL  LIMITED  ENGLISH PROFICIENT LITIGANTS IN ALL COURTS WITHIN THIS
 STATE; PROVIDED, HOWEVER, THAT SUCH DATA SHALL  NOT  BE  COLLECTED  FROM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00094-08-9

 S. 1950--A                          2
 
 THOSE  COURTS  DESIGNATED  AS TOWN OR VILLAGE COURTS.  AT A MINIMUM, THE
 OFFICE OF COURT ADMINISTRATION SHALL COLLECT AND MAINTAIN  DATA  ON  THE
 FOLLOWING:
   (A)  THE  NUMBER OF LIMITED ENGLISH PROFICIENT LITIGANTS WHO ARE LITI-
 GANTS IN COURTS WITHIN THIS STATE, DISAGGREGATED BY  COURT  AND  COUNTY,
 AND THE PRIMARY LANGUAGE OF SUCH LITIGANTS;
   (B)  THE  NUMBER  OF SUCH LIMITED ENGLISH PROFICIENT LITIGANTS SERVED,
 DISAGGREGATED BY COURT AND  COUNTY,  THE  TYPE  OF  LANGUAGE  ASSISTANCE
 SERVICES PROVIDED AND THE PRIMARY LANGUAGE OF THE LITIGANT SERVED; AND
   (C) THE NUMBER OF INTERPRETER PERSONNEL EMPLOYED BY THE COURTS, DISAG-
 GREGATED  BY COURT AND COUNTY AND THE LANGUAGE TRANSLATED OR INTERPRETED
 BY SUCH PERSONNEL.
   3. THE OFFICE OF COURT ADMINISTRATION SHALL MAKE THE DATA REQUIRED  BY
 THIS  SECTION PUBLICLY AVAILABLE ON ITS WEBSITE, PROVIDED, HOWEVER, THAT
 SUCH DATA SHALL NOT INCLUDE IDENTIFYING INFORMATION AND NOTHING IN  THIS
 SECTION  SHALL BE CONSTRUED TO PERMIT THE OFFICE OF COURT ADMINISTRATION
 TO USE, DISSEMINATE, OR PUBLISH ANY IDENTIFYING INFORMATION, INCLUDING A
 LITIGANT'S NAME, DATE OF BIRTH, SOCIAL SECURITY NUMBER,  DOCKET  NUMBER,
 OR OTHER UNIQUE IDENTIFIER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S1950A

Share this bill

Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status Via A754 - Signed by Governor

Bill Amendments

co-Sponsors

Julia Salazar

2019-S1950 - Details

2019-S1950 - Summary

2019-S1950 - Sponsor Memo

2019-S1950 - Bill Text download pdf

co-Sponsors

Julia Salazar

2019-S1950A (ACTIVE) - Details

2019-S1950A (ACTIVE) - Summary

2019-S1950A (ACTIVE) - Sponsor Memo

2019-S1950A (ACTIVE) - Bill Text download pdf

Comments