SB0334sam003 94TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 4/11/2005

09400SB0334sam003 LRB094 05047 AJO 44981 a

AMENDMENT TO SENATE BILL 334

AMENDMENT NO. ______. Amend Senate Bill 334, AS AMENDED, by replacing everything after the enacting clause with the following:

"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 the inability to adequately understand or express oneself in the spoken or written English language.

"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.

"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.

"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, circuit court clerk, and State program shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency.

(b) Reasonable steps to provide equal access to public services 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 documented substantial need due to 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.

(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", not less than 6 months after the date that this Act takes effect, or as soon thereafter as possible.".