Bill Text: NY A05333 | 2009-2010 | General Assembly | Amended

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Bill Title: Enacts the "Access to Public Services for Non-English Speakers Act"'; requires state agencies to take reasonable steps to provide equal access to services through oral language services or translating documents for persons with limited English proficiency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-25 - held for consideration in governmental operations [A05333 Detail]

Download: New_York-2009-A05333-Amended.html

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                           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:
    1    Section  1.  Short  title.  This  act shall be known as the "Access to
    2  Public Services for Non-English Speakers Act".
    3    S 2. Legislative findings and purpose. The  legislature  hereby  finds
    4  and declares that:
    5    1.  thousands  of residents cannot access the public services provided
    6  by state departments, agencies and programs because of  their  inability
    7  or  limited  ability  to speak, understand or read the English language;
    8  and
    9    2. non-English speakers must have  access  to  these  important  state
   10  programs.
   11    The purpose of this act is to provide individuals with limited English
   12  proficiency equal access to state departments, agencies and programs.
   13    S 3. The executive law is amended by adding a new article 14-A to read
   14  as follows:
   15                                ARTICLE 14-A
   16           ACCESS TO PUBLIC SERVICES FOR NON-ENGLISH SPEAKERS ACT
   17  SECTION 280. DEFINITIONS.
   18          281. LANGUAGE ACCESS REQUIRED.
   19          282. SCHEDULE IMPLEMENTATION.
   20    S  280. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING WORDS
   21  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    1. "EQUAL ACCESS" MEANS TO BE INFORMED OF, PARTICIPATE IN, AND BENEFIT
    2  FROM PUBLIC SERVICES OFFERED BY A STATE DEPARTMENT, AGENCY, OR  PROGRAM,
    3  AT A LEVEL EQUAL TO ENGLISH PROFICIENT INDIVIDUALS.
    4    2.  "LIMITED  ENGLISH  PROFICIENCY"  MEANS THE INABILITY TO ADEQUATELY
    5  UNDERSTAND OR EXPRESS ONESELF IN THE SPOKEN OR WRITTEN ENGLISH LANGUAGE.
    6    3. "ORAL LANGUAGE SERVICES" INCLUDES VARIOUS METHODS TO PROVIDE VERBAL
    7  INFORMATION AND INTERPRETATIONS SUCH AS  STAFF  INTERPRETERS,  BILINGUAL
    8  STAFF, TELEPHONE INTERPRETER PROGRAMS, AND PRIVATE INTERPRETER PROGRAMS.
    9    4.  "VITAL  DOCUMENTS"  MEANS APPLICATIONS OR INFORMATIONAL MATERIALS,
   10  NOTICES AND COMPLAINT FORMS OFFERED BY STATE DEPARTMENTS,  AGENCIES  AND
   11  PROGRAMS.  "VITAL  DOCUMENTS" DOES NOT INCLUDE APPLICATIONS AND EXAMINA-
   12  TIONS RELATED TO THE LICENSURE, CERTIFICATION OR REGISTRATION  OF  BUSI-
   13  NESSES AND PROFESSIONALS.
   14    S  281.  LANGUAGE ACCESS REQUIRED. 1. EACH STATE DEPARTMENT SHALL TAKE
   15  REASONABLE STEPS TO PROVIDE EQUAL ACCESS TO PUBLIC SERVICES FOR INDIVID-
   16  UALS WITH LIMITED ENGLISH PROFICIENCY.
   17    2. REASONABLE  STEPS  TO  PROVIDE  EQUAL  ACCESS  TO  PUBLIC  SERVICES
   18  INCLUDE:
   19    (A)  IN-HOUSE  ORAL  LANGUAGE  SERVICES  FOR  INDIVIDUALS WITH LIMITED
   20  ENGLISH PROFICIENCY, IF CONTACT BETWEEN ANY AGENCY AND INDIVIDUALS  WITH
   21  LIMITED ENGLISH PROFICIENCY IS ON A WEEKLY OR MORE FREQUENT BASIS.
   22    (B)  THE  TRANSLATION  OF  VITAL  DOCUMENTS ORDINARILY PROVIDED TO THE
   23  PUBLIC INTO ANY LANGUAGE SPOKEN BY ANY LIMITED ENGLISH PROFICIENT  POPU-
   24  LATION THAT CONSTITUTES AT LEAST THREE PERCENT OF THE OVERALL POPULATION
   25  WITHIN  THE  GEOGRAPHIC AREA SERVED BY A LOCAL OFFICE OF A STATE AGENCY,
   26  AS MEASURED BY THE U.S. CENSUS.
   27    (C) ANY ADDITIONAL METHODS OR MEANS NECESSARY TO ACHIEVE EQUAL  ACCESS
   28  TO PUBLIC SERVICES.
   29    3.  EACH  STATE  DEPARTMENT  SHALL  ADOPT  REGULATIONS  REGARDING  THE
   30  REQUIREMENTS OF THIS ARTICLE AT LEAST SIX MONTHS PRIOR TO  THE  DATE  OF
   31  FULL IMPLEMENTATION FOR THAT DEPARTMENT.
   32    4.  THE  DEPARTMENT,  IN  CONSULTATION WITH THE OFFICE OF THE ATTORNEY
   33  GENERAL, SHALL PROVIDE CENTRAL COORDINATION AND TECHNICAL ASSISTANCE  TO
   34  DEPARTMENTS AND AGENCIES TO HELP THEM COMPLY WITH THIS ARTICLE.
   35    S  282.  SCHEDULE IMPLEMENTATION. THE PROVISIONS OF THIS ARTICLE SHALL
   36  BE FULLY IMPLEMENTED ACCORDING TO THE FOLLOWING SCHEDULE:
   37    1. THE DEPARTMENT OF LABOR, THE DEPARTMENT OF HEALTH AND THE OFFICE OF
   38  CHILDREN AND FAMILY SERVICES ON OR BEFORE JANUARY  FIRST,  TWO  THOUSAND
   39  ELEVEN.
   40    2.  THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES  AND THE DEPARTMENT OF
   41  TRANSPORTATION AND THE OFFICE FOR THE AGING ON OR BEFORE JANUARY  FIRST,
   42  TWO THOUSAND TWELVE.
   43    3.  ALL  OTHER DEPARTMENTS OR AGENCIES ON OR BEFORE JANUARY FIRST, TWO
   44  THOUSAND THIRTEEN.
   45    S 4. This act shall take effect immediately.