File #: Int 0382-2022    Version: Name: Requiring certain agencies to publish guidance on responding to settlement offers, translate such guidance into the designated citywide languages, and notify settlement offer recipients about such guidance.
Type: Introduction Status: Enacted
Committee: Committee on Governmental Operations
On agenda: 5/19/2022
Enactment date: 1/21/2023 Law number: 2023/008
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring certain agencies to publish guidance on responding to settlement offers, translate such guidance into the designated citywide languages, and notify settlement offer recipients about such guidance
Sponsors: Gale A. Brewer, Kalman Yeger , Shahana K. Hanif, Farah N. Louis, Sandra Ung, Sandy Nurse, Shekar Krishnan, Shaun Abreu, Lincoln Restler, Pierina Ana Sanchez, Julie Menin, Marjorie Velázquez, Crystal Hudson, Mercedes Narcisse, Justin L. Brannan, Linda Lee, Alexa Avilés, Tiffany Cabán, Julie Won, Chi A. Ossé, Carlina Rivera , Darlene Mealy, James F. Gennaro
Council Member Sponsors: 23
Summary: This bill would require each settlement offer sent by the Department of Consumer and Worker Protection and the Department of Health and Mental Hygiene to be accompanied by a multilingual notice that: (1) informs the recipient that they are receiving a settlement offer because they are being charged with a violation of the law; and (2) directs the recipient (via a QR code or similar mechanism) to a portion of the agency’s website with plain language information about the recipient’s options for responding to the settlement offer. Both the notice and the online information would need to be translated into each of the designated citywide languages, which are the top ten languages spoken by New Yorkers with limited English proficiency.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 382-A, 2. Summary of Int. No. 382, 3. Int. No. 382, 4. May 19, 2022 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 5-19-22, 6. Minutes of the Stated Meeting - May 19, 2022, 7. Committee Report 11/2/22, 8. Hearing Testimony 11/2/22, 9. Hearing Transcript 11/2/22, 10. Proposed Int. No. 382-A - 12/14/22, 11. Committee Report 12/21/22, 12. Hearing Transcript 12/21/22, 13. Committee Report - Stated Meeting, 14. December 21, 2022 - Stated Meeting Agenda, 15. Hearing Transcript - Stated Meeting 12-21-22, 16. Minutes of the Stated Meeting - December 21, 2022, 17. Int. No. 382-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor, 20. Local Law 8
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/21/2023AGale A. Brewer Administration City Charter Rule Adopted  Action details Meeting details Not available
1/20/2023AGale A. Brewer City Council Returned Unsigned by Mayor  Action details Meeting details Not available
12/21/2022AGale A. Brewer City Council Sent to Mayor by Council  Action details Meeting details Not available
12/21/2022AGale A. Brewer City Council Approved by CouncilPass Action details Meeting details Not available
12/21/2022*Gale A. Brewer Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
12/21/2022*Gale A. Brewer Committee on Governmental Operations Amendment Proposed by Comm  Action details Meeting details Not available
12/21/2022*Gale A. Brewer Committee on Governmental Operations Amended by Committee  Action details Meeting details Not available
12/21/2022AGale A. Brewer Committee on Governmental Operations Approved by CommitteePass Action details Meeting details Not available
11/2/2022*Gale A. Brewer Committee on Immigration Laid Over by Committee  Action details Meeting details Not available
11/2/2022*Gale A. Brewer Committee on Immigration Hearing Held by Committee  Action details Meeting details Not available
11/2/2022*Gale A. Brewer Committee on Small Business Laid Over by Committee  Action details Meeting details Not available
11/2/2022*Gale A. Brewer Committee on Small Business Hearing Held by Committee  Action details Meeting details Not available
11/2/2022*Gale A. Brewer Committee on Governmental Operations Laid Over by Committee  Action details Meeting details Not available
11/2/2022*Gale A. Brewer Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
5/19/2022*Gale A. Brewer City Council Referred to Comm by Council  Action details Meeting details Not available
5/19/2022*Gale A. Brewer City Council Introduced by Council  Action details Meeting details Not available

Int. No. 382-A

 

By Council Members Brewer, Yeger, Hanif, Louis, Ung, Nurse, Krishnan, Abreu, Restler, Sanchez, Menin, Velázquez, Hudson, Narcisse, Brannan, Lee, Avilés, Cabán, Won, Ossé, Rivera, Mealy and Gennaro

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring certain agencies to publish guidance on responding to settlement offers, translate such guidance into the designated citywide languages, and notify settlement offer recipients about such guidance

 

Be it enacted by the Council as follows:

Section 1. Chapter 11 of title 23 of the administrative code of the city of New York is amended by adding a new section 23-1103 to read as follows:

§ 23-1103 Multilingual settlement offer information. a. Definitions. For purposes of this section, the following terms have the following meanings:

Enforcement agency. The term “enforcement agency” means the department of health and mental hygiene, the department of consumer and worker protection, and any other agency issuing settlement offers that the office of the mayor so designates in consideration of the purposes of this chapter.

Settlement offer. The term “settlement offer” means a proposed offer made by an enforcement agency, in lieu of a hearing, to a person regarding a violation, alleged violation or notice of violation of any provision of this code or any rule promulgated thereunder.

b. Publication of multilingual settlement offer information. Each enforcement agency shall  make available on its website in a format intended to be viewed with a mobile device, and update as appropriate, general information regarding the options for responding to a settlement offer made by such agency. Such information shall be published in English and each of the designated citywide languages and shall include, but need not be limited to, plain language summaries of:

1. The legal obligations and consequences of accepting a settlement offer, as well as the appropriate procedure for accepting such an offer;

2. A respondent’s right not to accept a settlement offer and the availability of a hearing by the relevant enforcement agency if a respondent chooses not to accept such offer;

3. The relevant enforcement agency’s hearing process, including a respondent’s right to present evidence at such hearing and be accompanied by an attorney or representative; and

4. The option to cure violations when permitted by law, including general information as to which violations are curable pursuant to this code and the rules promulgated thereunder, the process for curing a violation and possible consequences thereof.

c. Multilingual settlement offer information notice. 1. Each settlement offer shall include or be accompanied by a written statement in English and each of the designated citywide languages that:

(a) The recipient is receiving a settlement offer from the relevant enforcement agency because such recipient has been charged with a violation of law; and

(b) The recipient can find information regarding the options for responding to a settlement offer on the enforcement agency’s website.

2. The written statement required by paragraph 1 of this subdivision shall include the universal resource locator (URL) for the multilingual settlement offer information published on the enforcement agency’s website pursuant to subdivision b of this section, as well as a direct means of accessing such information using a properly equipped mobile device, such as a quick response code or a near field communication tag.

§ 2. This local law takes effect 180 days after it becomes law.

 

 

 

 

Session 12

CJM

LS #7732

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Session 11

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