HB3222 103RD GENERAL ASSEMBLY

LRB103 30288 DTM 56716 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3222

Introduced 2/17/2023, by Rep. Dagmara Avelar

SYNOPSIS AS INTRODUCED:

New Act

Creates the Office of Language Equity and Access Act. Provides that the Office of Language Equity and Access is created in the Governor's Office of New Americans to ensure equitable and meaningful access to State information, services, programs, and activities for persons who have limited English proficiency. Provides that the Director of the Office shall work with State agencies and use available resources within the Office of New Americans and Office of Equity to ensure that, among other things, each State agency takes reasonable steps to ensure meaningful access to services, programs, and activities by persons with limited English proficiency. Provides that the Office shall have a full-time Director who is bilingual and has experience in serving immigrant populations. Describes the duties and responsibilities of the Director. Provides that there shall be a bilingual employment plan, which would require designations of positions as bilingual and result in the hiring of qualified personnel who are bilingual. Provides that the Director shall comply with specified requirements concerning the need for interpreters and translators. Provides that the Director shall develop a template and mechanism for collecting, storing, and analyzing language access plans.

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 Office of 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 are, therefore, excluded from equitable access to State information, programs, services, and activities. The purpose of the Office of Language Equity and Access is to lead statewide efforts to address language equity for residents with limited English proficiency and to ensure meaningful access to information, services, programs, and activities offered by State agencies, including departments, offices, commissions, boards, or other agencies, and all covered entities for persons who have limited English proficiency. It is the intent of the General Assembly for the State's work in ensuring meaningful access for persons with limited English proficiency to be guided by Executive Order No. 13166 and any succeeding provisions of federal law, regulation, or guidance.

Section 10. Office of Language Equity and Access; creation. The Office of Language Equity and Access is created in the Governor's Office of New Americans to ensure equitable and meaningful access to State information, services, programs, and activities.

Section 15. Statewide language equity policies.

(a) The Office of Language Equity and Access shall develop comprehensive and consistent policies advancing meaningful access to State programs and resources for persons with limited English proficiency.

(b) The Office of Language Equity and Access shall monitor implementation of and compliance with the policies it develops under subsection (a).

(c) The policies developed by the Office of Language Equity and Access shall, at a minimum:

(1) establish requirements for the availability of interpretation and translation services at State agencies;

(2) set standards for adequate staffing of bilingual employees at State agencies, including standards for monitoring implementation of the standards and standards for updating the State Services Assurance Act, based on current limited English population assessments conducted under Section 20 of this Act;

(3) set standards for State agency language access plan development and compliance; and

(4) address other issues related to ensuring equity for persons with limited English proficiency.

Section 20. Assessment of oral and written language services. The Director of the Office of Language Equity and Access shall work with State agencies and use available resources within the Office of New Americans and the Office of Equity to ensure the following:

(1) Each State agency and all covered entities shall take reasonable steps to ensure meaningful access to services, programs, and activities by persons with limited English proficiency, which will be determined by the totality of the circumstances, including the following factors:

(A) the number or proportion of persons with limited English proficiency served or encountered in the eligible service population;

(B) the frequency with which persons with limited English proficiency come in contact with the services, programs, or activities;

(C) the nature and importance of the services, programs, or activities; and

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

(2) Subject to subsection (a), each State agency and covered entity shall provide competent, timely oral language services to persons with limited English proficiency who seek to access information, services, programs, or activities.

(3) Subject to subsection (a), each State agency and covered entity shall provide written translations of vital documents to limited English proficient persons who seek to access information, services, programs, or activities, as follows:

(A) written translations of vital documents for each eligible limited English proficient group that constitutes 5% or 1,000 members, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered; or

(B) if there are fewer than 50 persons in a limited English proficient group that reaches the 5% threshold in paragraph (1), written notice in the primary language to the limited English proficient language group of the right to receive competent oral interpretation of those written materials free of cost.

Section 25. Duties and responsibilities.

(a) The Office of Language Equity and Access shall have a full-time Director who is bilingual and has experience in serving immigrant populations.

(b) The Director shall:

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

(2) provide technical assistance to covered entities in the covered entities' implementation of this Act;

(3) review and monitor each State agency's language access plan for compliance with this Act;

(4) consult with language access coordinators, the language access advisory council, and State agency directors or their equivalent;

(5) create, distribute, and make 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 oral language services and how to request language services; and

(6) create multilingual websites with information about the Office of Language Equity and Access and information about the policies, standards, plans, and complaint processes developed and used by the Office of Language Equity and Access.

(c) The Office of Language Equity and Access shall adopt administrative rules as necessary to implement this Act.

Section 30. Bilingual employment plan.

(a) The Director shall prepare a bilingual employment plan.

(b) The Director shall coordinate with the Directors of other State agencies to designate specified positions in State agencies as bilingual positions.

(c) The Director shall work directly with State agencies to ensure appropriate levels of bilingual staff.

Section 35. Interpreters and translators. The Director shall also:

(1) identify or create a plan for certification of qualified interpreters and translators;

(2) use certified qualified interpreters for legal, administrative hearings, appeals, and health services;

(3) continue working with community partners who provide navigation and advocacy in multiple languages, without the need of certification;

(4) maintain a roster, or a method of accessing, qualified interpreters and translators;

(5) maintain a procedure for accessing interpreters and translators and train State agencies on how to utilize the procedure; and

(6) monitor usage and provide oversight of the State's language line vendor and make any necessary recommendations for improving efficiency.

Section 40. Language access plans.

(a) The Director shall develop a template and mechanism for collecting, storing, and analyzing language access plans. Language access plans are a key component of the Office of New Americans plans.

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

(c) Upon review, the Director is responsible for providing feedback to each State agencies with corrective action recommendations to ensure compliance with the language access plans.

(d) Each State Agency designates a language access coordinator.

(e) Language access plans and evaluations are made public and accessible.

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

Section 45. Administrative support. The Governor's Office of New Americans shall provide administrative and other support to the Office of Language Equity and Access.