SB1921 103RD GENERAL ASSEMBLY

LRB103 28924 AWJ 55310 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1921

Introduced 2/9/2023, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 805/8.47 new

Creates the Access to Public Services for Non-English Speakers Act. Provides that a State or local department or agency shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency. Includes examples of reasonable steps that shall be taken. Provides that a State or local department or agency shall adopt rules regarding the requirements within 6 months after the effective date of the Act. Provides that the Department of Human Resources, 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 the provisions. Limits the concurrent exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Access to Public Services for Non-English Speakers Act.

Section 5. Definitions. As used in this Act:

"Equal access" means to be informed of, participate in, and benefit from public services or programs offered by the State of Illinois, its departments, agencies, or political subdivisions, including, but not limited to, municipalities and counties, at a level equal to English-proficient individuals.

"Limited English proficiency" means the inability to adequately and effectively understand or express oneself in either spoken or written English.

"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.

"Vital documents" means applications or informational materials and notice and complaint forms offered by State or local departments, agencies, and programs. "Vital documents" does not include applications and examinations related to the licensure, certification, or registration of businesses and professionals.

Section 10. Language access requirements.

(a) Each State and local department and agency shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency.

(b) Reasonable steps, as referenced in subsection (a), to provide equal access to public services include:

(1) in-house oral language services for individuals with limited English proficiency, if the contact between a department or agency and the individuals with limited English proficiency is on a weekly or more frequent basis;

(2) the translation of vital documents ordinarily provided to the public into any language English proficiency population that constitutes at least 3% of the population of the State as measured by the federal decennial census. Any changes needed to be made to be in compliance with this requirement following a new federal decennial census shall result in the modification of the languages offered as required by this Act; and

(3) any additional method that is necessary for the department or agency to carry out its activities effectively and efficiently.

(c) Each department and agency shall adopt rules regarding the requirements of this Section within 6 months after the effective date of this Act.

(d) The Department of Human Resources, 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 Section.

Section 90. Home rule. A home rule unit may not regulate the unit's departments or agencies in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 95. The State Mandates Act is amended by adding Section 8.47 as follows:

(30 ILCS 805/8.47 new)

Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 103rd General Assembly.