Assembly Bill A1788

                            
 
                     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.