HB4792 94TH GENERAL ASSEMBLY

LRB094 16768 AJO 52039 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4792

Introduced 1/18/2006, by Rep. William Delgado

SYNOPSIS AS INTRODUCED:

New Act

Creates the Access to Governmental Services Act. Requires each constitutional officer, State agency, circuit court clerk, and State program to provide equal access to public services for individuals with "limited English proficiency". Provides definitions of "equal access", "limited English proficiency", "oral language services", "State program", and "important documents". Reasonable steps to provide equal access to public services by each constitutional officer, State agency, and State program includes, but is not limited to: in-house oral language services for individuals with limited English proficiency, if the agency or office of the Constitutional officer has contact at least weekly with individuals with limited English proficiency; translation of important documents ordinarily provided to the public must be provided in any language spoken by at least 3% of the population within the State, as measured by the U.S. Census. Reasonable steps to provide equal access to public services by each circuit court clerk includes, but is not limited to: in-house oral language services for individuals with limited English proficiency, if the office of the clerk has contact at least weekly with individuals with limited English proficiency; translation of important documents ordinarily provided to the public must be provided in any language spoken by at least 5% of the population within the county served by the circuit clerk, as measured by the U.S. Census; and additional methods necessary to achieve equal access.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning civil law.

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. "Equal access" means to be informed of, participate in, and benefit from public services offered by a State agency, circuit court, constitutional office, or a State program at a level equal to individuals who do not have limited English proficiency.

"Limited English proficiency" means:

(1) indicated on the U.S. Census as speaking a language other than English and speaking English "not well" or "not at all"; or

(2) the inability to adequately understand or express oneself in the spoken or written English language.

"Important documents" means application or informational materials, websites, notices, and complaint forms offered by State agencies, constitutional officers, circuit court clerks, and State programs, as defined by rule by the appropriate State agency, constitutional officer, circuit court clerk, or State program. "Important documents" does not include applications and examinations related to the licensure, certification, or registration of businesses and professionals.

"Oral language services" includes various methods to provide verbal information and interpretations, such as staff interpreters, bilingual staff, telephone interpreter programs, and private interpreter programs.

"State program" means any program administered by a State agency, but does not include any program administered, in whole or in part, by a unit of local government or a school district, regardless of whether State funds are expended under the program.

"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 State agency, constitutional officer, and State program shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency; reasonable steps to provide equal access to public services by a State agency, constitutional officer, and State program include, but are not limited to:

(1) having a sufficient number of qualified bilingual persons in public contact positions or as interpreters to assist persons in public contact positions in providing services to individuals with limited English proficiency where there is a documented substantial need due to the nature or extent of contact between a State agency, constitutional officer, circuit court clerk, or State program and individuals with limited English proficiency.

(2) translating important documents ordinarily provided to the public into any language spoken by any limited English proficient population that constitutes at least 3% of the overall population of the State, as measured by the U.S. Census. 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 circuit court clerk shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency; reasonable steps to provide equal access to public services by a circuit court clerk include, but are not limited to:

(1) having a sufficient number of qualified bilingual persons in public contact positions or as interpreters to assist persons in public contact positions in providing services to individuals with limited English proficiency where there is a documented substantial need due to the nature or extent of contact between the circuit court clerk and individuals with limited English proficiency.

(2) translating important documents ordinarily provided to the public into any language spoken by any limited English proficient population that constitutes more than 5% of all residents of the county in which the circuit clerk serves, as measured by the U.S. Census.

(c) Each State agency, constitutional officer, circuit court clerk, and State program 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.

(d) 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.