The New York State Senate

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

                                  1788

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2017
                               ___________

Introduced by M. of A. KIM -- read once and referred to the Committee on
  Governmental Operations

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".
  § 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.
  § 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.
  §  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05194-01-7

A. 1788                             2

  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.
  § 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.
  § 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
EIGHTEEN.
  2. THE DEPARTMENT OF  CORRECTIONAL  SERVICES  AND  THE  DEPARTMENT  OF
TRANSPORTATION  AND THE OFFICE FOR THE AGING ON OR BEFORE JANUARY FIRST,
TWO THOUSAND NINETEEN.
  3. ALL OTHER DEPARTMENTS OR AGENCIES ON OR BEFORE JANUARY  FIRST,  TWO
THOUSAND TWENTY.
  § 4. This act shall take effect immediately.