Assembly Bill A5333

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5333--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  ESPAILLAT  --  read once and referred to the
  Committee on Governmental Operations -- recommitted to  the  Committee
  on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title.  This  act shall be known as the "Access to
Public Services for Non-English Speakers Act".
  S 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.
  S 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.
  S  280. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING WORDS
SHALL MEAN THE FOLLOWING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02321-05-0

              

A. 5333--A                          2

  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.
  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 EXAMINA-
TIONS RELATED TO THE LICENSURE, CERTIFICATION OR REGISTRATION  OF  BUSI-
NESSES AND PROFESSIONALS.
  S  281.  LANGUAGE ACCESS REQUIRED. 1. EACH STATE DEPARTMENT SHALL TAKE
REASONABLE STEPS TO PROVIDE EQUAL ACCESS TO PUBLIC SERVICES FOR INDIVID-
UALS 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  POPU-
LATION 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.
  S  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
ELEVEN.
  2.  THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES  AND THE DEPARTMENT OF
TRANSPORTATION AND THE OFFICE FOR THE AGING ON OR BEFORE JANUARY  FIRST,
TWO THOUSAND TWELVE.
  3.  ALL  OTHER DEPARTMENTS OR AGENCIES ON OR BEFORE JANUARY FIRST, TWO
THOUSAND THIRTEEN.
  S 4. This act shall take effect immediately.