The New York State Senate

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

                                 2274--A
    Cal. No. 112

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced  by  Sens.  PARKER,  DIAZ,  DUANE, HASSELL-THOMPSON, KRUEGER,
  ONORATO, SAMPSON, SAVINO,  SCHNEIDERMAN,  SERRANO,  SQUADRON  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Finance -- recommitted to the  Committee  on  Finance  in
  accordance  with Senate Rule 6, sec. 8 -- 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 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.

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

                                                           LBD02321-04-0

S. 2274--A                          2

  S 280. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  WORDS
SHALL MEAN THE FOLLOWING:
  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.