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

                                 3213--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. PARKER, SQUADRON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance -- recom-
  mitted to the Committee on Finance in accordance with Senate  Rule  6,
  sec.  8  --  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.
                                                           LBD06763-02-4

              

S. 3213--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
FIFTEEN.
  2.  THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES  AND THE DEPARTMENT OF
TRANSPORTATION AND THE OFFICE FOR THE AGING ON OR BEFORE JANUARY  FIRST,
TWO THOUSAND SIXTEEN.
  3.  ALL  OTHER DEPARTMENTS OR AGENCIES ON OR BEFORE JANUARY FIRST, TWO
THOUSAND SEVENTEEN.
  S 4. This act shall take effect immediately.