Bill Amendment: IL SB3762 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LANGUAGE EQUITY AND ACCESS ACT
Status: 2024-05-23 - Added Alternate Co-Sponsor Rep. Carol Ammons [SB3762 Detail]
Download: Illinois-2023-SB3762-Senate_Amendment_001.html
Bill Title: LANGUAGE EQUITY AND ACCESS ACT
Status: 2024-05-23 - Added Alternate Co-Sponsor Rep. Carol Ammons [SB3762 Detail]
Download: Illinois-2023-SB3762-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3762 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3762 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Language Equity and Access Act.
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6 | Section 5. Legislative purpose. The purpose of this Act is | ||||||
7 | to ensure that all residents of the State have equal access to | ||||||
8 | State services and, in particular, to remove language as a | ||||||
9 | barrier for persons who have limited English proficiency and | ||||||
10 | who may, therefore, be excluded from equitable access to State | ||||||
11 | information, programs, services, and activities. It is the | ||||||
12 | intent of the General Assembly that the State adopt a language | ||||||
13 | equity and access policy that incorporates federal guidance | ||||||
14 | for ensuring meaningful access for persons with limited | ||||||
15 | English proficiency as provided by the Illinois Human Rights | ||||||
16 | Act, the Illinois Civil Rights Act of 2003, Title VI of the |
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1 | Civil Rights Act of 1964, U.S. Presidential Executive Order | ||||||
2 | No. 13166 (Improving Access to Services for Persons with | ||||||
3 | Limited English Proficiency), U.S. Presidential Executive | ||||||
4 | Order 13985 (Advancing Racial Equity and Support for | ||||||
5 | Underserved Communities Through the Federal Government), U.S. | ||||||
6 | Presidential Executive Order 14091 (Further Advancing Racial | ||||||
7 | Equity and Support for Underserved Communities Through the | ||||||
8 | Federal Government), other non-discrimination provisions in | ||||||
9 | federal or State statutes, and any succeeding provisions of | ||||||
10 | federal or State law, regulation, or guidance.
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11 | Section 10. Definitions. In this Act: | ||||||
12 | "Interpretation" means listening to a communication in one | ||||||
13 | language and orally converting it to another language in a | ||||||
14 | manner that preserves the intent and meaning of the original | ||||||
15 | message. | ||||||
16 | "Language assistance services" means oral and written | ||||||
17 | language services needed to assist LEP individuals to | ||||||
18 | communicate effectively with staff, and to provide LEP | ||||||
19 | individuals with meaningful access to, and equal opportunity | ||||||
20 | to participate fully in, the services, activities, or other | ||||||
21 | programs administered by the State. | ||||||
22 | "Limited English proficient (LEP) person" means an | ||||||
23 | individual who does not speak English as his or her primary | ||||||
24 | language and who has a limited ability to read, speak, write, | ||||||
25 | or understand English. |
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1 | "Meaningful access" means language assistance that results | ||||||
2 | in accurate, timely, and effective communication at no cost to | ||||||
3 | limited English proficient persons. For LEP persons, | ||||||
4 | meaningful access denotes access that is not unreasonably | ||||||
5 | restricted, delayed, or inferior as compared to access to | ||||||
6 | programs or activities provided to English proficient | ||||||
7 | individuals. | ||||||
8 | "State agency" means an executive agency, department, | ||||||
9 | board, commission, or authority directly responsible to the | ||||||
10 | Governor. | ||||||
11 | "Translation" means the conversion of text from one | ||||||
12 | language to another in a written form to convey the intent and | ||||||
13 | essential meaning of the original text. | ||||||
14 | "Vital documents" means paper or electronic written | ||||||
15 | material that contains information that affects a person's | ||||||
16 | access to, retention of, termination of, or exclusion from | ||||||
17 | program services or benefits or is required by law.
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18 | Section 15. Statewide Language Equity and Access. | ||||||
19 | (a) This Act is created to ensure meaningful access to | ||||||
20 | State programs and resources for limited proficient (LEP) | ||||||
21 | persons. This Act requires the Governor's Office of New | ||||||
22 | Americans, with the support of the Department of Human | ||||||
23 | Services and any other relevant agencies to, at a minimum: | ||||||
24 | (1) prepare, based on available U.S. Census data, a | ||||||
25 | Language Needs Assessment Report that identifies the |
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1 | languages spoken throughout the State as described in | ||||||
2 | Section 25 of this Act; | ||||||
3 | (2) assist State agencies in the creation of language | ||||||
4 | access plans as detailed in Section 30 of this Act; | ||||||
5 | (3) develop standards and a compliance framework to | ||||||
6 | assess progress by State agencies, including both key | ||||||
7 | performance indicators and mechanisms to track them; | ||||||
8 | (4) provide annual reporting on State agency | ||||||
9 | compliance and progress to the Governor and the General | ||||||
10 | Assembly by December 31 of every year starting in 2026; | ||||||
11 | (5) establish requirements for the availability of | ||||||
12 | interpretation and translation services; | ||||||
13 | (6) set standards for adequate staffing of bilingual | ||||||
14 | employees at State agencies, including a methodology for | ||||||
15 | monitoring implementation and updating the State Services | ||||||
16 | Assurance Act and the Bilingual Employment Plan, based on | ||||||
17 | the Language Needs Assessment Report; | ||||||
18 | (7) incorporate language equity compliance provisions | ||||||
19 | in State contracts with vendors, grantees and purchase of | ||||||
20 | care entities; and | ||||||
21 | (8) ensure that whenever an emergency, weather, | ||||||
22 | health, or other crisis situation has been declared, the | ||||||
23 | State's limited English person population is adequately | ||||||
24 | notified of the emergency, information, any actions | ||||||
25 | required, and has equitable access to emergency resources. | ||||||
26 | (b) The Governor's Office of New Americans, with the |
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1 | support of the Department of Human Services and any other | ||||||
2 | relevant agencies, shall lead statewide efforts in the | ||||||
3 | implementation of the State's language equity and access | ||||||
4 | policy for LEP persons and to ensure meaningful access to | ||||||
5 | information, services, programs, and activities offered by | ||||||
6 | State agencies for LEP persons. The role of the Governor's | ||||||
7 | Office of New Americans in this work is to advance and monitor | ||||||
8 | implementation of and compliance with this Act by: | ||||||
9 | (1) providing oversight, central coordination, and | ||||||
10 | technical assistance to State agencies in the | ||||||
11 | implementation of language access requirements under this | ||||||
12 | Act or under any other law, rule, or guidance related to | ||||||
13 | language access; | ||||||
14 | (2) reviewing and monitoring each State agency's | ||||||
15 | language access plan for compliance with this Act; | ||||||
16 | (3) consulting with Language Access Coordinators and | ||||||
17 | State agency directors or their equivalent; | ||||||
18 | (4) creating, distributing, and making available to | ||||||
19 | State agencies multilingual signage in the more frequently | ||||||
20 | encountered languages in the State and other languages as | ||||||
21 | needed, informing individuals of the individual's right to | ||||||
22 | free interpretation services and how to request language | ||||||
23 | services; | ||||||
24 | (5) ensuring that each State agency develops an | ||||||
25 | internal complaint and review process specific to the | ||||||
26 | provision of language assistance services and supporting |
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1 | agencies in addressing complaints in a timely manner; | ||||||
2 | (6) developing recommendations for the use of | ||||||
3 | interpreters and translators, including standards for | ||||||
4 | certification and qualifications; | ||||||
5 | (7) assisting State agencies in developing | ||||||
6 | multilingual websites with information about relevant | ||||||
7 | policies, standards, plans, and complaint processes; | ||||||
8 | (8) assisting State agencies in preparing public | ||||||
9 | notices of the availability of translation or | ||||||
10 | interpretation services upon request; | ||||||
11 | (9) preparing an annual compliance report to be | ||||||
12 | submitted to the Governor and the General Assembly; and | ||||||
13 | (10) addressing other issues as necessary to ensure | ||||||
14 | equity and meaningful participation for persons with | ||||||
15 | limited English proficiency.
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16 | Section 20. Statewide Language Needs Assessment. The | ||||||
17 | Governor's Office of New Americans, with the support of the | ||||||
18 | Department of Human Services and any other relevant State | ||||||
19 | agencies, shall compile available United States Census data on | ||||||
20 | languages used across the State, including the identification | ||||||
21 | of geographic patterns and trend data, to inform the Language | ||||||
22 | Needs Assessment Report. The report shall be updated at least | ||||||
23 | every 10 years in conjunction with the decennial federal | ||||||
24 | Census but may be updated more frequently using other Census | ||||||
25 | data reports. |
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1 | The Language Needs Assessment report shall be made | ||||||
2 | available to State agencies for the development of their | ||||||
3 | language access plans and overall improvement in service | ||||||
4 | provision to LEP persons.
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5 | Section 25. Language access plans. | ||||||
6 | (a) Each State agency shall take reasonable steps to | ||||||
7 | ensure meaningful access to services, programs, and activities | ||||||
8 | by LEP persons. Therefore, each State agency shall prepare and | ||||||
9 | submit a language access plan to the Governor's Office of New | ||||||
10 | Americans. Each language access plan should describe the | ||||||
11 | population of LEP persons the agency serves, the policy and | ||||||
12 | programmatic actions the agency will implement to ensure | ||||||
13 | meaningful access, and the metrics the agency will use to | ||||||
14 | measure compliance with this Act. | ||||||
15 | (b) Each State agency shall designate a Language Access | ||||||
16 | Coordinator who is responsible for overseeing the development | ||||||
17 | and implementation of the agency's language access plan. | ||||||
18 | (c) The adequacy of a State agency's language access plan | ||||||
19 | shall be determined by the totality of the circumstances, | ||||||
20 | including an individualized assessment that balances the | ||||||
21 | following factors: | ||||||
22 | (1) the number or proportion of LEP persons who are | ||||||
23 | served or encountered in the eligible service population | ||||||
24 | of the State agency; | ||||||
25 | (2) the frequency with which LEP persons come in |
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1 | contact with the services, programs, or activities | ||||||
2 | provided by the State agency; | ||||||
3 | (3) the nature and importance of the services, | ||||||
4 | programs, or activities provided by the State agency; and | ||||||
5 | (4) the resources available to the State agency and | ||||||
6 | the costs. | ||||||
7 | (d) Each State agency shall describe in its plans how it | ||||||
8 | will provide all of the following: | ||||||
9 | (1) competent, timely translation and interpretation | ||||||
10 | services to LEP persons who are seeking access to | ||||||
11 | information, services, programs, or activities provided by | ||||||
12 | the State agency; and | ||||||
13 | (2) vital document translation services for LEP | ||||||
14 | persons who are seeking access to information, services, | ||||||
15 | programs, or activities provided by the State agency, as | ||||||
16 | follows: | ||||||
17 | (A) if there are more than 1,000 LEP persons in the | ||||||
18 | population of persons served by the State agency or if | ||||||
19 | LEP persons comprise more than 5% of the population of | ||||||
20 | persons served by the State agency; or | ||||||
21 | (B) if there are fewer than 50 persons served by | ||||||
22 | the State agency that reach the 5% threshold in | ||||||
23 | subparagraph (A), the State agency shall provide | ||||||
24 | written notice in the primary language to the LEP | ||||||
25 | persons of the right to receive competent oral | ||||||
26 | interpretation of those written materials free of |
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1 | cost. | ||||||
2 | (3) Following the first submitted plan, language | ||||||
3 | access plans shall include an assessment of performance | ||||||
4 | metrics for the previous State fiscal year. | ||||||
5 | (e) The Governor's Office of New Americans, with the | ||||||
6 | support of the Department of Human Services and any other | ||||||
7 | relevant State agencies, shall develop a template and | ||||||
8 | mechanism for collecting and analyzing State agency language | ||||||
9 | access plans. | ||||||
10 | (f) Following completion of the assessment, the Governor's | ||||||
11 | Office of New Americans, with the support of the Department of | ||||||
12 | Human Services and any other relevant State agencies, shall | ||||||
13 | provide guidance and feedback to each State agency, including | ||||||
14 | any recommendations to ensure compliance with this Act. | ||||||
15 | (g) Language access plans shall be made publicly | ||||||
16 | accessible by each State agency.
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17 | Section 30. Compliance and accountability. | ||||||
18 | (a) No later than July 1, 2025, the Governor's Office of | ||||||
19 | New Americans shall prepare and submit to the General Assembly | ||||||
20 | a Language Equity and Access Status Report detailing the | ||||||
21 | progress made by State agencies in the implementation of this | ||||||
22 | Act, including the development of Language Access Plans. | ||||||
23 | (b) By December 31, 2026, and every December 31 | ||||||
24 | thereafter, the Governor's Office of New Americans shall | ||||||
25 | submit a Language Equity and Access Compliance Report to the |
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1 | General Assembly. The Compliance Report shall be based on | ||||||
2 | information collected during the preceding fiscal year and | ||||||
3 | shall, at a minimum, include: | ||||||
4 | (1) key performance metrics for the previous year; | ||||||
5 | (2) the following information for each State agency: | ||||||
6 | (A) a high-level summary of the language access | ||||||
7 | plan, including language access services offered; | ||||||
8 | (B) as applicable, the number and percentage of | ||||||
9 | LEP persons who use the services of the State agency, | ||||||
10 | listed by language other than English; | ||||||
11 | (C) aggregate data on the number of bilingual | ||||||
12 | employees, by title, who are in roles designated as | ||||||
13 | requiring a person employed in that position to speak | ||||||
14 | or write in a language other than English, including | ||||||
15 | the languages that the persons are required to speak | ||||||
16 | in that role, and whether the employees are certified | ||||||
17 | as bilingual in those languages; | ||||||
18 | (D) the name and contact information of the | ||||||
19 | Language Access Coordinator for each State agency; | ||||||
20 | (E) an ongoing employee development and training | ||||||
21 | strategy to maintain well-trained bilingual employees | ||||||
22 | and general staff; | ||||||
23 | (F) data on the use of any interpretation or | ||||||
24 | translation vendor services such as number and type of | ||||||
25 | language services requested, languages requested, and | ||||||
26 | any other relevant data; and |
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1 | (G) aggregate data on the number of complaints | ||||||
2 | filed and the status or resolution of the complaints. | ||||||
3 | (c) The Governor's Office of New Americans shall attempt | ||||||
4 | to resolve a language access complaint received by a State | ||||||
5 | agency if the agency does not resolve the complaint in a timely | ||||||
6 | manner or the resolution is inadequate. Upon referral of a | ||||||
7 | complaint, the Governor's Office of New Americans may engage | ||||||
8 | in informal processes, including mediation, conference, and | ||||||
9 | conciliation, to resolve the complaint.
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10 | Section 35. Implementation. The Governor's Office of New | ||||||
11 | Americans may work in collaboration with the Department of | ||||||
12 | Human Services and any other relevant State agency to | ||||||
13 | implement this Act.
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