HB3222sam001 103RD GENERAL ASSEMBLY

Sen. Karina Villa

Filed: 5/24/2023

10300HB3222sam001 LRB103 30288 DTM 62407 a

AMENDMENT TO HOUSE BILL 3222

AMENDMENT NO. ______. Amend House Bill 3222 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Language Equity and Access Act.

Section 5. Legislative purpose. The purpose of this Act is to ensure that all residents of the State have equal access to State services and, in particular, to remove language as a barrier for persons who have limited English proficiency and who may, therefore, be excluded from equitable access to State information, programs, services, and activities. It is the intent of the General Assembly that the State adopt a language equity and access policy that incorporates federal guidance for ensuring meaningful access for persons with limited English proficiency as provided by Title VI of the Civil Rights Act of 1964, U.S. Presidential Executive Order No. 13166 (Improving Access to Services for Persons with Limited English Proficiency), U.S. Presidential Executive Order 13985 (Strengthen Racial Equity and Support for Underserved Communities Through the Federal Government), U.S. Presidential Executive Order 14091 (Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government), other non-discrimination provisions in federal statute, and any succeeding provisions of federal or state law, regulation, or guidance.

Section 10. Definitions.

In this Act:

"Covered entity" means any office, commission, board, authority, or other body that is directly responsible to an executive branch constitutional officer other than the Governor.

"Division of Language Equity and Access" or "DLEA" means the Division of Language Equity and Access within the Governor's Office of New Americans.

"Interpretation services" means listening to a communication in one language and orally converting it to another language in a manner that preserves the intent and meaning of the original message.

"Limited English Proficient Person" means a person, or the family member, caregiver, or decision maker of a person, who does not speak English as their primary language and who may have a limited ability to read, write, speak, or understand English.

"Meaningful access" means the provision of services in a manner that is equally accessible, without delay, denial or difference, and is meaningful to all individuals seeking services, regardless of their ability to speak or understand English.

"State agency" means executive agencies, departments, boards, commissions, and authorities directly responsible to the Governor.

"Translation services" means the conversion of text from one language to another in a written form to convey the intent and essential meaning of the original text.

"Vital documents" means documents that affect a person's access to, retention of, termination of, or exclusion from program services or benefits.

Section 15. Statewide Language Equity and Access.

This Act is created to ensure meaningful access to State programs and resources for Limited English Proficient Persons. This Act requires the Division of Language Equity and Access to, at a minimum:

(1) compile, based on available U.S. Census data, a Language Needs Assessment Report that identifies the languages spoken throughout the State as described in Section 25 of this Act;

(2) prepare a language access plan as detailed in Section 30 of this Act;

(3) develop a rating and compliance framework to assess progress by State agencies and covered entities, including key performance indicators;

(4) prepare a compliance and progress report to be submitted on an annual basis to the Governor and the General Assembly by January 1 of every year;

(5) establish requirements for the availability of interpretation and translation services;

(6) set standards for adequate staffing of bilingual employees at State agencies and other covered entities, including a methodology for monitoring implementation and updating the State Services Assurance Act and the Bilingual Employment Plan, based on current Language Needs Use Assessment Report conducted under Section 30 of this Act;

(7) incorporate language equity compliance provisions in State contracts with vendors, grantees and purchase of care entities;

(8) ensure that whenever an emergency, weather, health or other crisis situation has been declared, the State's Limited English Person population is adequately notified of the emergency, information and any actions required, and has equitable access to emergency resources; and

(9) create the Division of Language Equity and Access within the Governor's Office of New Americans to monitor and provide expertise to ensure the implementation of this Act.

Section 20. Division of Language Equity and Access.

The Division of Language Equity and Access is hereby created within the Governor's Office of New Americans to lead statewide efforts in the implementation of the State's language equity and access policy for Limited English Proficient persons and to ensure meaningful access to information, services, programs, and activities offered by State agencies and other covered entities, including departments, offices, commissions, boards, or other agencies, for Limited English Proficient persons. DLEA shall have a full-time Director who is bilingual and has experience in serving immigrant populations. The role of DLEA is to advance and monitor implementation of and compliance with this Act by:

(1) providing oversight, central coordination, and technical assistance to State agencies and covered entities in the implementation of language access requirements under this Act or under any other law, regulation, or guidance related to language access;

(2) reviewing and monitoring each State agency's language access plan for compliance with this Act;

(3) consulting with language access coordinators and State agency directors or their equivalent;

(4) creating, distributing, and making available to State agencies multilingual signage in the more frequently encountered languages in the State, and other languages as needed, informing individuals of the individual's right to free interpretation services and how to request language services;

(5) creating the complaint and investigation process for Limited English Proficient persons to report Language Equity and Access violations;

(6) developing recommendations for a statewide policy and draft a corresponding plan for the utilization of interpreters and translators, including standards for certification and qualifications;

(7) developing multilingual websites with information about DLEA and information about relevant policies, standards, plans, and complaint processes;

(8) preparing an annual compliance report to be submitted to the Governor and the General Assembly; and

(9) addressing other issues as necessary to ensure equity and meaningful participation for persons with limited English proficiency.

The DLEA shall adopt administrative rules as necessary to implement and administer this Act.

Section 25. Statewide Language Use Needs Assessment.

The DLEA shall work with State agencies and covered entities and shall use other available State resources, such as the Office of New Americans, the Office of Equity, and the Department of Human Services Bureau of Refugee and Immigrant Services, to ensure the State compiles available U.S. Census data on languages used across the State, including the identification of geographic patterns and trend data. The report shall be compiled at least every 10 years in conjunction with the decennial federal Census but may be updated periodically using other Census data reports.

The Language Use and Needs Assessment report will be made available to State agencies and covered entities for the development of their Language Access Plans and overall improvement in service provision to Limited English Proficient.

Section 30. Language Access Plans.

(a) Each State agency and all covered entities shall take reasonable steps to ensure meaningful access to services, programs, and activities by Limited English Proficient Persons. Therefore, each State agency and covered entity shall prepare a language access plan, which will describe the population of Limited English Proficient Persons it serves, the policy and programmatic actions it will implement, and the metrics it will use to measure compliance with this Act.

(b) Each State agency and covered entity shall designate a Language Access Coordinator who is responsible for the language access plan and plan activities.

(c) The adequacy of State agencies and covered entities' plans are determined by the totality of the circumstances, including the following 4 factors listed by federal guidance. Therefore, each language access plan must begin with a language needs assessment that includes the following information:

(1) the number or proportion of Limited English Proficient Persons who are served or encountered in the eligible service population of the State agency or covered entity;

(2) the frequency with which Limited English Proficient Persons come in contact with the services, programs, or activities provided by the State agency or covered entity;

(3) the nature and importance of the services, programs, or activities provided by the State agency or covered entity; and

(4) the resources available to the State or covered entity and the costs.

(d) Furthermore, each State agency and covered entity shall describe in its plans how it will provide all of the following:

(1) competent, timely translation services to Limited English Proficient Persons who are seeking access to information, services, programs, or activities provided by the State agency or covered entity; and

(2) vital document translation services for Limited English Proficient Persons who are seeking access to information, services, programs, or activities provided by the State agency or covered entity, as follows:

(A) if there are more than 1,000 Limited English Proficient Persons in the population of persons served by the State agency or covered entity or if Limited English Proficient Persons comprise more than 5% of the population of persons served by the State agency or covered entity; or

(B) if there are fewer then 50 persons served by the State agency or covered entity that reach the 5% threshold in subsection (a), the State agency or covered entity shall provide written notice in the primary language to the Limited English Proficient persons of the right to receive competent oral interpretation of those written materials free of cost.

(e) The DLEA shall develop a template and mechanism for collecting, storing, and analyzing language access plans.

(f) Following the first submitted plan, language access plans shall include an assessment of performance metrics for the previous year.

(g) Following completion of the assessment, the DLEA shall provide guidance and feedback to each State agency and covered entity, including any corrective action recommendations to ensure compliance with the language access plans.

(h) Language access plans and evaluations shall be made publicly accessible.

(i) The DLEA shall develop a rating framework for evaluation of language access plans and implementation.

Section 35. Compliance and Accountability.

(a) By January 1, 2025, and every January 1 thereafter, the DLEA shall submit a Language Equity and Access Compliance Report to the General Assembly. The Compliance Report shall be based on information collected during the preceding fiscal year and shall, at minimum, include:

(1) key performance metrics for the previous year;

(2) the following information for each State agency and covered entity:

(A) the language access plan, including language access services offered;

(B) the number and percentage of people who are Limited English Proficient Persons who use the services of the State agency or covered entity, listed by language other than English;

(C) a roster of bilingual employees, their titles, office locations, the languages other than English that the persons speak, and whether or not the employees are certified as bilingual in that language;

(D) the name and contact information of the language access coordinator for each State agency and covered entity;

(E) a description of any use of telephone-based interpretation services, including the number of times telephone-based interpretation services were used, the languages for which they were used, and the number of times bilingual employees provided in-person interpretation services;

(F) a description of the:

(i) telephone requests for translation or interpretation services;

(ii) in-person requests for translation or interpretation services; and

(iii) electronic requests for translation or interpretations services;

(G) public notices of the availability of translation or interpretation services upon request;

(H) an ongoing employee development and training strategy to maintain well-trained bilingual employees and general staff;

(I) a list and description of all written translated materials provided, including the total number, languages, and services requested; and

(J) a list and description of all complaints received, including information on the number of complaints, the method received, the breakdown of affected languages, the written response to each complaint, and the time frame within which each complaint was handled.

(b) State agencies shall respond to language access complaints, in writing, within 30 days after their receipt. All complaints and responses shall be recorded in each agency's respective annual report.

(c) The DLEA may investigate potential violations of this Act if not resolved by the State agency or covered entity. The DLEA may attempt to resolve noncompliance with this Act by any State agency or covered party through informal processes, including mediation and conference and conciliation.

(d) If, after an investigation and attempt to resolve an incidence of Department noncompliance, the DLEA is unable to resolve the matter, the DLEA may transmit a written finding of noncompliance, specifying the nature of the noncompliance and the recommended corrective measures, to the Governor, and it may transmit the same information in the annual compliance report to the General Assembly.

Section 40. Administrative support. The Governor's Office shall provide administrative and other support to the Division of Language Equity and Access.

Section 99. Effective date. This Act takes effect on July 1, 2023.".