-  This bill is not active in this session.
 

A00754 Summary:

BILL NOA00754A
 
SAME ASSAME AS S01950-A
 
SPONSORJoyner
 
COSPNSROrtiz, Gottfried, Simon, Barron, D'Urso, Jaffee, Colton, Perry, Weprin, Cruz, Reyes, Jean-Pierre, Williams, Dickens, Lavine, Pichardo
 
MLTSPNSR
 
Add §391, Judy L
 
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.
Go to top    

A00754 Actions:

BILL NOA00754A
 
01/10/2019referred to judiciary
02/27/2019reported referred to ways and means
05/21/2019reported
05/23/2019advanced to third reading cal.376
05/30/2019amended on third reading 754a
06/11/2019passed assembly
06/11/2019delivered to senate
06/11/2019REFERRED TO RULES
06/13/2019SUBSTITUTED FOR S1950A
06/13/20193RD READING CAL.467
06/13/2019PASSED SENATE
06/13/2019RETURNED TO ASSEMBLY
12/06/2019delivered to governor
12/12/2019signed chap.621
Go to top

A00754 Committee Votes:

JUDICIARY Chair:Dinowitz DATE:02/27/2019AYE/NAY:15/6 Action: Favorable refer to committee Ways and Means
DinowitzAyePalumboNay
TitusAyeMontesanoNay
LavineAyeGoodellNay
ZebrowskiAyeNorrisNay
WeprinAyeWalshNay
BraunsteinAyeByrnesNay
SimotasAye
QuartAye
BuchwaldAye
SteckAye
SeawrightAye
JoynerAye
AbinantiAye
WrightAye
WallaceAye

WAYS AND MEANS Chair:Weinstein DATE:05/21/2019AYE/NAY:22/10 Action: Favorable
WeinsteinAyeBarclayNay
LentolAyeCrouchNay
SchimmingerAyeFitzpatrickNay
GanttExcusedHawleyNay
GlickAyeMalliotakisNay
NolanExcusedMontesanoNay
PretlowAyeRaNay
PerryAyeBlankenbushNay
ColtonAyePalmesanoNay
CookAyeNorrisNay
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezExcused
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

Go to top

A00754 Floor Votes:

DATE:06/11/2019Assembly Vote  YEA/NAY: 139/2
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
ER
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
ER
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
ER
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
No
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
ER
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
ER
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
ER
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
ER
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
Go to top

A00754 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A754A
 
SPONSOR: Joyner
  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.
Go to top

A00754 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         754--A
                                                                Cal. No. 376
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2019
                                       ___________
 
        Introduced  by M. of A. JOYNER, ORTIZ, GOTTFRIED, SIMON, BARRON, D'URSO,
          JAFFEE, COLTON, PERRY, WEPRIN, CRUZ, REYES -- read once  and  referred
          to  the Committee on Judiciary -- reported and referred to the Commit-
          tee on Ways and Means -- reported from committee, advanced to a  third
          reading,  amended  and  ordered  reprinted, retaining its place on 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:
 
     1    Section 1. The judiciary law is amended by adding a new section 391 to
     2  read as follows:
     3    § 391. Limited English proficient litigants' data. 1. For the purposes
     4  of this section, the following terms shall have the following meanings:
     5    (a)  "primary  language" means the dominant language a litigant speaks
     6  in everyday situations, including but not limited to their  home,  work,
     7  school, and community environments;
     8    (b) "limited English proficient (LEP) litigant" means a participant in
     9  a  legal  proceeding,  whose  limited ability to speak or understand the
    10  English language, has created a communications barrier to  understanding
    11  his  or  her  legal  rights or impairs his or her ability to participate
    12  fully in court programs or services; and
    13    (c) "language assistance services" means  oral  and  written  services
    14  needed  to  assist  LEP  litigants to communicate effectively with court
    15  personnel and to provide LEP litigants with meaningful access to, and an
    16  equal opportunity to participate fully in, court programs  or  services,
    17  so that LEP litigants are placed in the same position as similarly situ-
    18  ated persons for whom there is no such barrier.
    19    2.  The office of court administration shall collect and maintain data
    20  on all limited English proficient litigants in all  courts  within  this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00094-09-9

        A. 754--A                           2
 
     1  state;  provided,  however,  that  such data shall not be collected from
     2  those courts designated as town or village courts.   At a  minimum,  the
     3  office  of  court  administration shall collect and maintain data on the
     4  following:
     5    (a)  the  number of limited English proficient litigants who are liti-
     6  gants in courts within this state, disaggregated by  court  and  county,
     7  and the primary language of such litigants;
     8    (b)  the  number  of such limited English proficient litigants served,
     9  disaggregated by court and  county,  the  type  of  language  assistance
    10  services provided and the primary language of the litigant served; and
    11    (c) the number of interpreter personnel employed by the courts, disag-
    12  gregated  by court and county and the language translated or interpreted
    13  by such personnel.
    14    3. The office of court administration shall make the data required  by
    15  this  section publicly available on its website, provided, however, that
    16  such data shall not include identifying information and nothing in  this
    17  section  shall be construed to permit the office of court administration
    18  to use, disseminate, or publish any identifying information, including a
    19  litigant's name, date of birth, social security number,  docket  number,
    20  or other unique identifier.
    21    § 2. This act shall take effect on the one hundred eightieth day after
    22  it  shall have become a law. Effective immediately, the addition, amend-
    23  ment and/or repeal of any rule or regulation necessary for the implemen-
    24  tation of this act on its effective date are authorized to be  made  and
    25  completed on or before such effective date.
Go to top

A00754 LFIN:

 NO LFIN
Go to top

A00754 Chamber Video/Transcript:

5-29-19Video (@ 02:42:47)Transcript pdf Transcript html
6-11-19Video (@ 01:35:26)Transcript pdf Transcript html
Go to top