SB3099 98TH GENERAL ASSEMBLY

LRB098 19562 OMW 54751 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3099

Introduced 2/7/2014, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

New Act

Creates the Access to Governmental Services Act. Requires each executive branch State agency to take reasonable steps to provide the following in each county where the number of residents in a single language group is more than 5% of all residents of that county as measured by the most recent federal census: (1) having a sufficient number of qualified bilingual persons in public contact positions or as interpreters in at least one office in the county, determined by the agency to be in an area of need, to assist in providing services to individuals having limited English proficiency; and (2) having available in at least one office in the county, determined by the agency to be in an area of need, personnel to interpret, upon request, important documents ordinarily provided to the public. Requires each executive branch State agency to adopt rules regarding the requirements of this Act not less than 6 months after the date that this Act takes effect, or as soon thereafter as possible. Requires the Illinois Human Rights Commission to implement a process to address disputes arising under this Act, including, but not limited to, disputes concerning the interpretation of "important documents" and "sufficient number of qualified bilingual persons in public contact positions" and agency determinations of the offices where the services are provided, not less than 6 months after the date that this Act takes effect, or as soon thereafter as possible. Defines terms.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning State 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 Governmental Services Act.

Section 5. Definitions.

"Executive branch State agency" or "agency" means each Department of State government created under the Civil Administrative Code of Illinois.

"Having limited English proficiency" means indicated on the most recent federal decennial census as speaking a language other than English and speaking English "not well" or "not at all".

"Important documents" means application or informational materials, notices, and complaint forms offered by executive branch State agencies, as defined by rule by the appropriate executive branch State agency. "Important documents" does not include applications and examinations related to the licensure, certification, or registration of businesses and professionals.

"Sufficient number of qualified bilingual persons in public contact positions" means the number of qualified bilingual persons required in order to provide the same level of service to non-English-speaking persons as is available to English-speaking persons seeking the same service.

Section 10. Language access required.

(a) Each executive branch State agency shall take reasonable steps to provide the following in each county where the number of residents in a single language group is more than 5% of all residents of that county as measured by the most recent federal decennial census:

(1) Having a sufficient number of qualified bilingual persons in public contact positions or as interpreters in at least one office in the county, determined by the agency to be in an area of need, to assist in providing services to individuals having limited English proficiency.

(2) Having available in at least one office in the county, determined by the agency to be in an area of need, personnel to interpret, upon request, important documents ordinarily provided to the public.

Nothing in this Act requires an executive branch State agency to establish an office in a county where it would not otherwise maintain an office.

(b) Each executive branch State agency shall adopt rules regarding the requirements of this Act not less than 6 months after the date that this Act takes effect, or as soon thereafter as possible.

(c) The Illinois Human Rights Commission shall implement a process to address disputes arising under this Act, including, but not limited to, disputes concerning the interpretation of "important documents" and "sufficient number of qualified bilingual persons in public contact positions" and agency determinations of the offices where the services are provided, not less than 6 months after the date that this Act takes effect, or as soon thereafter as possible.