Bill Text: IL SB0223 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the short title of the Code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0223 Detail]
Download: Illinois-2013-SB0223-Amended.html
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1 | AMENDMENT TO SENATE BILL 223
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2 | AMENDMENT NO. ______. Amend Senate Bill 223 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 Access Act.
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6 | Section 5. Findings and purpose.
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7 | (a) The General Assembly finds:
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8 | (1) language barriers continue to impede limited | ||||||
9 | English proficient persons in this State from fully | ||||||
10 | participating in State programs and services; | ||||||
11 | (2) 22.7% of the population in this State speak a | ||||||
12 | language other than English at home;
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13 | (3) more than half of those who speak a language other | ||||||
14 | than English at home are Spanish language speakers; and
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15 | (4) of the 22.7% of Illinoisans who reportedly speak a | ||||||
16 | language other than English at home, 22% speak English |
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1 | either "not well" or "not at all".
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2 | (b) It is the intent of the General Assembly to: | ||||||
3 | (1) ensure that limited English proficient persons in | ||||||
4 | this State are provided meaningful access to State | ||||||
5 | programs, services, and information; | ||||||
6 | (2) ensure that every agency and recipient of State | ||||||
7 | funds provides linguistic access to limited English | ||||||
8 | proficient individuals; | ||||||
9 | (3) ensure that State-conducted and funded programs, | ||||||
10 | services, and activities provide limited English | ||||||
11 | proficient persons with equitable access; | ||||||
12 | (4) increase access to State benefits and programs; | ||||||
13 | (5) improve efficiency in the provision of benefits and | ||||||
14 | services; | ||||||
15 | (6) enhance and ensure appropriate resource | ||||||
16 | utilization; and | ||||||
17 | (7) improve access to State benefits, programs, and | ||||||
18 | services to vulnerable populations.
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19 | Section 10. Definitions. As used in this Act:
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20 | "Agency" means all State government agencies, | ||||||
21 | constitutional offices, boards, and commissions, and all | ||||||
22 | recipients of State general revenue funds, including, but not | ||||||
23 | limited to, all agencies, organizations, and persons receiving | ||||||
24 | State funding in order to provide a program or service and lead | ||||||
25 | an activity. |
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1 | "Bilingual" means a person who has some degree of | ||||||
2 | proficiency in 2 languages. | ||||||
3 | "Customer" or "client" means any person seeking to access | ||||||
4 | agency programs, services, activities, or information. | ||||||
5 | "Interpreter" means an individual who renders a message | ||||||
6 | spoken or signed in one language into a second language and who | ||||||
7 | abides by a code of professional ethics. "Interpreter" includes | ||||||
8 | any of the following: | ||||||
9 | (1) "Ad hoc interpreter" means an untrained individual | ||||||
10 | who is called upon to interpret, such as a family member | ||||||
11 | interpreting for his or her parents, a bilingual staff | ||||||
12 | member pulled away from other duties to interpret, or a | ||||||
13 | self-declared bilingual who volunteers to interpret. "Ad | ||||||
14 | hoc interpreter" may also be referred to as a chance | ||||||
15 | interpreter or lay interpreter. | ||||||
16 | (2) "Bilingual worker/employee" means an employee who | ||||||
17 | is a proficient speaker of two languages and who may | ||||||
18 | provide direct services in both languages but who, without | ||||||
19 | additional training, is not qualified to serve as an | ||||||
20 | interpreter. | ||||||
21 | (3) "Dual-role interpreter" means a bilingual employee | ||||||
22 | who has been tested for language skills and trained as an | ||||||
23 | interpreter and who assumes the task of part-time | ||||||
24 | interpreting willingly. | ||||||
25 | "Interpreting" means any of the following:
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26 | (1) "Community interpreting" means interpreting that |
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1 | takes place in the course of communication in the local | ||||||
2 | community among speakers of different languages. A | ||||||
3 | "community interpreter" may or may not be a trained | ||||||
4 | interpreter. "Community" settings include schools, social | ||||||
5 | service agencies, clinics, legal services, and businesses | ||||||
6 | that serve a diverse clientele. | ||||||
7 | (2) "Face-to-face interpreting" means interpreting in | ||||||
8 | which the interpreter is present, in person, and with both, | ||||||
9 | or a least one, of the persons for whom interpreting is | ||||||
10 | provided. | ||||||
11 | (3) "Telephone interpreting" or "telephonic | ||||||
12 | interpreting" means interpreting carried out remotely, | ||||||
13 | with the interpreter providing the service connected by | ||||||
14 | telephone to the principal parties, typically provided | ||||||
15 | through a speaker phone or headsets. | ||||||
16 | "Language" means a manner of communication utilized by one | ||||||
17 | person to communicate with another person.
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18 | "Language access services" (LAS) means mechanisms used to | ||||||
19 | facilitate communication with individuals who do not speak | ||||||
20 | English, those who have limited English proficiency, and those | ||||||
21 | who are deaf or hard of hearing. These services may include, | ||||||
22 | but are not limited to, in-person interpreters, bilingual | ||||||
23 | staff, or remote interpreting systems, such as telephone or | ||||||
24 | video interpreting. "Language access services" also refer to | ||||||
25 | processes in place to provide translation of written materials | ||||||
26 | or signage, sign language, or Braille materials. |
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1 | "Limited English proficient" (LEP) means a level of English | ||||||
2 | proficiency that is insufficient to ensure equal access to | ||||||
3 | public services without language assistance with respect to a | ||||||
4 | particular type of service, benefit, or encounter. An LEP | ||||||
5 | person does not speak English as his or her primary language | ||||||
6 | and has limited ability to read, write, speak, or understand | ||||||
7 | English. | ||||||
8 | "Meaningful access" means when agencies and their | ||||||
9 | contractors and subcontractors take reasonable steps to ensure | ||||||
10 | programs and services normally provided in English are | ||||||
11 | accessible to LEP persons and thus do not discriminate on the | ||||||
12 | basis of national origin in violation of the prohibition | ||||||
13 | against national origin discrimination under Title VI of the | ||||||
14 | Civil Rights Act of 1964. Compliance involves the balancing of | ||||||
15 | 4 factors: (1) the number and proportion of eligible LEP | ||||||
16 | customers; (2) the frequency of contact with LEP customers; (3) | ||||||
17 | the importance or impact of the contact upon the lives of the | ||||||
18 | person served; and (4) the resources available to the | ||||||
19 | organization. This 4-factor LEP analysis may be applied to the | ||||||
20 | different types of programs or activities that each agency | ||||||
21 | provides to determine the level of language assistance measures | ||||||
22 | sufficient to assure full compliance or to demonstrate | ||||||
23 | reasonable efforts. | ||||||
24 | "Person" means any individual, corporation, partnership, | ||||||
25 | firm, organization, or association acting individually or as a | ||||||
26 | group.
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1 | "Reasonable steps" means steps taken to provide language | ||||||
2 | access to LEP persons in agreement with this Act and in | ||||||
3 | compliance with Title VI of the Civil Rights Act of 1964.
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4 | "Staff" means the group of individuals formally affiliated | ||||||
5 | with an institution, including paid employees, contractors, | ||||||
6 | sub-contractors, and unpaid volunteers.
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7 | "State" means the State of Illinois.
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8 | "Translation services" means the conversion of a written | ||||||
9 | text into a corresponding written text in a different language.
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10 | Section 15. State-conducted programs and activities. | ||||||
11 | (a) Each agency shall prepare an LAS Plan that shall | ||||||
12 | improve access to its State-conducted programs and activities | ||||||
13 | for eligible LEP persons.
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14 | (b) Each agency LAS Plan shall include the steps the agency | ||||||
15 | will take to ensure eligible LEP persons can meaningfully | ||||||
16 | access the agency's programs and activities. | ||||||
17 | (c) Agencies shall develop and begin to implement LAS Plans | ||||||
18 | within 120 days of the effective date of this Act and shall | ||||||
19 | send copies of their LAS Plans to the Illinois Latino Family | ||||||
20 | Commission, which shall serve as the central repository of the | ||||||
21 | agencies' LAS Plans.
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22 | (d) Each agency that already has developed a LAS Plan shall | ||||||
23 | examine their existing guidelines, as well as their programs | ||||||
24 | and activities, to determine if additional guidelines are | ||||||
25 | necessary to comply with this Act. The Illinois Latino Family |
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1 | Commission shall consult with the agencies in creating their | ||||||
2 | guidelines. Within 120 days of the effective date of this Act, | ||||||
3 | each agency shall submit its specific guidelines to the | ||||||
4 | Illinois Latino Family Commission for review and approval.
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5 | (e) Agency LAS Plans shall provide: | ||||||
6 | (1) A 4-factor meaningful access assessment that shall | ||||||
7 | include:
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8 | (A) the number or proportion of LEP persons | ||||||
9 | eligible to be served or likely to be encountered by | ||||||
10 | the program or agency; | ||||||
11 | (B) the frequency with which LEP individuals come | ||||||
12 | into contact with the program;
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13 | (C) the nature and importance of the program, | ||||||
14 | activity, or service provided by the recipient to its | ||||||
15 | beneficiaries; and
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16 | (D) the resources available to the agency and the | ||||||
17 | costs of interpretation and translation services.
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18 | (2) A language needs assessment tool based on the | ||||||
19 | 4-factor analysis to establish: | ||||||
20 | (A) a systemic protocol of data collection; and | ||||||
21 | (B) tracking of languages served and eligible to be | ||||||
22 | served. | ||||||
23 | (3) All print materials, Internet website language, | ||||||
24 | and other mechanisms or forms that shall be used by the | ||||||
25 | agency to provide notice to persons of the agency's LAS | ||||||
26 | Plan. |
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1 | (4) Agency compliance with Sections 25 and 30 of this | ||||||
2 | Act. | ||||||
3 | (f) Each agency shall file its LAS Plan Status Report with | ||||||
4 | the Illinois Latino Family Commission on an annual basis. The | ||||||
5 | first Status Report shall be filed by each agency on or before | ||||||
6 | May 31, 2015, and on or before every May 31 thereafter.
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7 | Section 20. State-assisted programs and activities.
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8 | (a) Each agency providing State financial assistance and | ||||||
9 | each agency contracted by the State to provide services shall | ||||||
10 | prepare an LAS Plan that shall be specifically tailored to its | ||||||
11 | LEP clients and is consistent with the LEP Guidelines in this | ||||||
12 | Act, as well as with rules adopted pursuant to this Act. | ||||||
13 | (b) Each agency LAS Plan shall include the steps the agency | ||||||
14 | will take to ensure eligible LEP persons can meaningfully | ||||||
15 | access the agency's programs and activities. | ||||||
16 | (c) Each agency shall develop and begin to implement their | ||||||
17 | LAS Plans within 120 days of the effective date of this Act and | ||||||
18 | shall send copies of their LAS Plans to the Illinois Latino | ||||||
19 | Family Commission, which shall serve as the central repository | ||||||
20 | of the agencies' LAS Plans. | ||||||
21 | (d) Agency LAS Plans shall include: | ||||||
22 | (1) the number or proportion of LEP persons eligible to | ||||||
23 | be served or likely to be encountered by the program or | ||||||
24 | grantee; | ||||||
25 | (2) the frequency with which LEP persons come into |
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1 | contact with the program; | ||||||
2 | (3) the nature and importance of the program, activity, | ||||||
3 | or service provided by the recipient to its beneficiaries; | ||||||
4 | (4) the resources available to the grantee or recipient | ||||||
5 | and the costs of interpretation and translation services; | ||||||
6 | (5) a language needs assessment tool based on the | ||||||
7 | 4-factor analysis to establish a systemic protocol of data | ||||||
8 | collection and tracking of languages served and eligible to | ||||||
9 | be served; and | ||||||
10 | (6) all print materials, Internet website language, | ||||||
11 | and other mechanisms or forms that shall be used by the | ||||||
12 | agency to provide notice to persons of the agency's LAS | ||||||
13 | Plan. | ||||||
14 | (e) Each agency shall file its LAS Plan Status Report with | ||||||
15 | the Illinois Latino Family Commission on an annual basis. The | ||||||
16 | first Status Report shall be filed by each agency on or before | ||||||
17 | May 31, 2015, and on or before every May 31 thereafter.
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18 | Section 25. Staffing of State-conducted programs.
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19 | (a) Agencies shall have minimum bilingual staffing levels | ||||||
20 | and requirements. | ||||||
21 | (1) For agency staff with a 15% or more LEP person | ||||||
22 | caseload, the position shall be designated "bilingual". A | ||||||
23 | position designated "bilingual" shall not be filled by a | ||||||
24 | monolingual staff person. A reclassification of staff | ||||||
25 | positions from "bilingual" to "monolingual" shall require |
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1 | the approval of the Governor's Office of New Americans.
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2 | (2) Each agency shall assess language proficiency | ||||||
3 | using a formal written and oral examination. The staff | ||||||
4 | person's score in the examination shall determine | ||||||
5 | qualified bilingual persons that can offer direct | ||||||
6 | conversations to the LEP client. | ||||||
7 | (b) State agencies shall provide interpreters who have | ||||||
8 | received a minimum of 100 hours of interpreter training on | ||||||
9 | techniques and professional standards of practice. Each State | ||||||
10 | agency shall:
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11 | (1) create an internal pool of trained and qualified | ||||||
12 | interpreters using a 100-hour curriculum; | ||||||
13 | (2) develop and make accessible to all agency staff a | ||||||
14 | complete and up-to-date directory of qualified | ||||||
15 | interpreters utilized by the agency; and
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16 | (3) assess and build current LAS resources and provide | ||||||
17 | a reliable method of communicating these resources to state | ||||||
18 | agencies.
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19 | Section 30. Language Assistance Protocol. | ||||||
20 | (a) Each agency shall conduct at least one annual staff | ||||||
21 | training on the following:
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22 | (1) the agency's existing LAS Plans; | ||||||
23 | (2) the agency's need to provide qualified | ||||||
24 | interpreters to LEP clients; and
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25 | (3) interpreter use, including, but not limited to, |
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1 | interpreter competencies, professional standards of | ||||||
2 | practice, interpreter code of ethics, and quality of | ||||||
3 | service. | ||||||
4 | (b) Each agency shall assign a senior-level staff person to | ||||||
5 | oversee implementation of the agency's LAS Plan and to monitor | ||||||
6 | internal LAS initiatives, programs, filings, and | ||||||
7 | communications.
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8 | Section 99. Effective date. This Act takes effect January | ||||||
9 | 1, 2015.".
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