Sen. Martin A. Sandoval
Filed: 4/11/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 334 




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    AMENDMENT NO. ______. Amend Senate Bill 334, AS AMENDED, by 
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replacing everything after the enacting clause with the 
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following:

 
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    "Section 1. Short title. This Act may be cited as the 
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Access to Governmental Services Act.
 
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    Section 5. Definitions. 
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    "Equal access" means to be informed of, participate in, and 
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benefit from public services offered by a State agency, circuit 
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court, constitutional office, or a State program at a level 
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equal to individuals who do not have limited English 
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proficiency.
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    "Limited English proficiency" means the inability to 
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adequately understand or express oneself in the spoken or 
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written English language.
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    "Oral language services" includes various methods to 
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provide verbal information and interpretations, such as staff 
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interpreters, bilingual staff, telephone interpreter programs, 
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and private interpreter programs.
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    "Important documents" means application or informational 
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materials, websites, notices, and complaint forms offered by 
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State agencies, constitutional officers, circuit court clerks, 
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and State programs, as defined by rule by the appropriate State 
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agency, constitutional officer, circuit court clerk, or State 
 


 






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program.  "Important documents" does not include applications 
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and examinations related to the licensure, certification, or 
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registration of businesses and professionals.
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    "State program" means any program administered by a State 
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agency, but does not include any program administered, in whole 
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or in part, by a unit of local government or a school district, 
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regardless of whether State funds are expended under the 
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program.
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    "Sufficient number of qualified bilingual persons in 
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public contact positions" means the number of qualified 
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bilingual persons required in order to provide the same level 
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of service to non-English-speaking persons as is available to 
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English-speaking persons seeking the same service.
 
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    Section 10. Language access required. 
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    (a) Each State agency, constitutional officer, circuit 
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court clerk, and State program shall take reasonable steps to 
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provide equal access to public services for individuals with 
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limited English proficiency.
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    (b) Reasonable steps to provide equal access to public 
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services include, but are not limited to:
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        (1) Having a sufficient number of qualified bilingual 
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    persons in public contact positions or as interpreters to 
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    assist persons in public contact positions in providing 
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    services to individuals with limited English proficiency 
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    where there is documented substantial need due to contact 
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    between a State agency, constitutional officer, circuit 
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    court clerk, or State program and individuals with limited 
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    English proficiency.
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        (2) Translating important documents ordinarily 
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    provided to the public into any language spoken by any 
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    limited English proficient population that constitutes at 
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    least 3% of the overall population of the State  as measured 
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    by the U.S. Census.
 


 






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    (c) Each State agency, constitutional officer, circuit 
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court clerk, and State program shall adopt rules regarding the 
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requirements of this Section not less than 6 months after the 
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date that this Act takes effect, or as soon thereafter as 
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possible.
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    (d) The Illinois Human Rights Commission shall implement a 
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process to address disputes arising under this Act, including, 
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but not limited to, disputes concerning the interpretation of 
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"important documents" and "sufficient number of qualified 
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bilingual persons in public contact positions", not less than 6 
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months after the date that this Act takes effect, or as soon 
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thereafter as possible.".