SB3099sam001 98TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 3/24/2014

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AMENDMENT TO SENATE BILL 3099

AMENDMENT NO. ______. Amend Senate Bill 3099 by replacing everything after the enacting clause with the following:

"Section 5. The State Services Assurance Act for FY2008 is amended by adding Section 3-25 as follows:

(5 ILCS 382/3-25 new)

Sec. 3-25. Language access services.

(a) As used in this Section:

"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.

(b) 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.

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

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

(e) The Illinois Human Rights Commission shall implement a process to address disputes arising under this Section, 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 amendatory Act of the 98th General Assembly takes effect, or as soon thereafter as possible.".