Bill Status of HB5172  103rd General Assembly

Short Description:  ADMIN HEARINGS-INTERPRETERS

House Sponsors
Rep. Theresa Mah - Dagmara Avelar - Elizabeth "Lisa" Hernandez, Barbara Hernandez, Edgar Gonzalez, Jr., Joyce Mason, Abdelnasser Rashid, Eva-Dina Delgado, Daniel Didech, Will Guzzardi, Anne Stava-Murray, Lilian Jiménez, Jennifer Gong-Gershowitz, Bob Morgan and Hoan Huynh

Last Action
DateChamber Action
  5/16/2024HouseHeld on Calendar Order of Second Reading - Short Debate

Statutes Amended In Order of Appearance
5 ILCS 100/10-10from Ch. 127, par. 1010-10
5 ILCS 100/10-25from Ch. 127, par. 1010-25
5 ILCS 100/10-25.1 new
5 ILCS 100/10-70from Ch. 127, par. 1010-70


Synopsis As Introduced
Amends the Illinois Administrative Procedure Act. Specifies that the notice in contested case hearings must include an enclosure that notifies the recipient of the ability to request interpretive assistance for the hearing and to receive language assistance in translating the contents of the notice. Provides that an administrative law judge has the duty to inquire and determine whether a self-represented litigant or witness in a hearing needs interpretive assistance to participate in or understand the hearing. Authorizes any self-represented litigant, witness, or indigent person to request, at any time during the course of a hearing, interpretive assistance needed to participate in or understand the hearing. Provides that, if interpretive assistance is requested by a self-represented litigant, a witness, or an indigent person or if interpretive assistance is determined to be necessary by the administrative law judge, the administrative agency must appoint a foreign language interpreter at no cost to the person in need of the assistance for use in a substantive hearing. Authorizes an administrative agency to provide interpretive assistance during a nonsubstantive hearing through use of an interpreter who is not a foreign language interpreter, provided the administrative law judge examines the interpreter for competency for the purposes of the nonsubstantive hearing. Requires all persons appointed to provide interpretive assistance in substantive and nonsubstantive hearings to make certain affirmations. Contains provisions concerning waiver of these language assistance provisions.

House Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes references to person in need of interpretive assistance to references to limited English proficient person. In a provision regarding rules establishing procedures for administrative hearings, provides that rules may include procedures for requesting and receiving language access services (rather than language assistance). Provides that notice for a hearing shall include an enclosure written in several specified languages which notifies the recipient of the ability for a party or their agent to request interpretive assistance to participate in or understand the hearing and to receive language access services for translating the contents of the notice (rather than which notifies the recipient of the ability to request interpretive assistance for the hearing and to receive language assistance in translating the contents of the notice). Defines "language access services" and "limited English proficient person". Removes a provision that any self-represented litigant, witness, or indigent person has the right to request interpretive assistance. Provides that a self-represented litigant, a witness, or a litigant who is an indigent person has the right to request interpretive assistance to participate in or understand a hearing at any time during the course of the hearing. Provides that an administrative law judge shall inquire if an individual is in need of interpretive assistance to participate in or understand the hearing if the judge reasonably believes the person is a limited English proficient person (rather than an administrative law judge has the duty to inquire and determine if a self-represented litigant or witness in a hearing needs interpretive assistance to participate in or understand the hearing). Effective July 1, 2025.

House Committee Amendment No. 2
In provisions regarding contested cases, notice requirements, and administrative hearings, provides that language access services and interpretive assistance shall be, at a minimum, in accordance with the Illinois Administrative Procedure Act, and as otherwise provided for in any law or rule governing an agency's contested hearings.

Actions 
DateChamber Action
  2/8/2024HouseFiled with the Clerk by Rep. Theresa Mah
  2/9/2024HouseAdded Co-Sponsor Rep. Dagmara Avelar
  2/9/2024HouseAdded Co-Sponsor Rep. Barbara Hernandez
  2/9/2024HouseFirst Reading
  2/9/2024HouseReferred to Rules Committee
  2/9/2024HouseAdded Co-Sponsor Rep. Edgar Gonzalez, Jr.
  2/9/2024HouseRemoved Co-Sponsor Rep. Dagmara Avelar
  2/14/2024HouseAdded Chief Co-Sponsor Rep. Dagmara Avelar
  2/14/2024HouseAdded Co-Sponsor Rep. Joyce Mason
  2/14/2024HouseAdded Co-Sponsor Rep. Abdelnasser Rashid
  2/15/2024HouseAdded Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
  2/15/2024HouseAdded Co-Sponsor Rep. Eva-Dina Delgado
  2/15/2024HouseRemoved Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
  2/20/2024HouseAdded Chief Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
  2/20/2024HouseAdded Co-Sponsor Rep. Daniel Didech
  2/20/2024HouseAdded Co-Sponsor Rep. Will Guzzardi
  2/21/2024HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  2/22/2024HouseAdded Co-Sponsor Rep. Lilian Jiménez
  2/26/2024HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz
  2/27/2024HouseAdded Co-Sponsor Rep. Bob Morgan
  3/5/2024HouseAssigned to Appropriations-General Services Committee
  4/5/2024HouseCommittee/3rd Reading Deadline Extended-Rule May 24, 2024
  4/19/2024HouseAdded Co-Sponsor Rep. Hoan Huynh
  4/26/2024HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Theresa Mah
  4/26/2024HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/29/2024HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Theresa Mah
  4/29/2024HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/6/2024HouseHouse Committee Amendment No. 1 Rules Refers to Appropriations-General Services Committee
  5/6/2024HouseHouse Committee Amendment No. 2 Rules Refers to Appropriations-General Services Committee
  5/15/2024HouseHouse Committee Amendment No. 1 Adopted in Appropriations-General Services Committee; by Voice Vote
  5/15/2024HouseHouse Committee Amendment No. 2 Adopted in Appropriations-General Services Committee; by Voice Vote
  5/15/2024HouseDo Pass as Amended / Short Debate Appropriations-General Services Committee; 008-003-000
  5/16/2024HousePlaced on Calendar 2nd Reading - Short Debate
  5/16/2024HouseSecond Reading - Short Debate
  5/16/2024HouseHeld on Calendar Order of Second Reading - Short Debate