SB0223sam001 98TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 4/3/2014

09800SB0223sam001 LRB098 05386 OMW 58196 a

AMENDMENT TO SENATE BILL 223

AMENDMENT NO. ______. Amend Senate Bill 223 by replacing everything after the enacting clause with the following:

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

Section 5. Findings and purpose.

(a) The General Assembly finds:

(1) language barriers continue to impede limited English proficient persons in this State from fully participating in State programs and services;

(2) 22.7% of the population in this State speak a language other than English at home;

(3) more than half of those who speak a language other than English at home are Spanish language speakers; and

(4) of the 22.7% of Illinoisans who reportedly speak a language other than English at home, 22% speak English either "not well" or "not at all".

(b) It is the intent of the General Assembly to:

(1) ensure that limited English proficient persons in this State are provided meaningful access to State programs, services, and information;

(2) ensure that every agency and recipient of State funds provides linguistic access to limited English proficient individuals;

(3) ensure that State-conducted and funded programs, services, and activities provide limited English proficient persons with equitable access;

(4) increase access to State benefits and programs;

(5) improve efficiency in the provision of benefits and services;

(6) enhance and ensure appropriate resource utilization; and

(7) improve access to State benefits, programs, and services to vulnerable populations.

Section 10. Definitions. As used in this Act:

"Agency" means all State government agencies, constitutional offices, boards, and commissions, and all recipients of State general revenue funds, including, but not limited to, all agencies, organizations, and persons receiving State funding in order to provide a program or service and lead an activity.

"Bilingual" means a person who has some degree of proficiency in 2 languages.

"Customer" or "client" means any person seeking to access agency programs, services, activities, or information.

"Interpreter" means an individual who renders a message spoken or signed in one language into a second language and who abides by a code of professional ethics. "Interpreter" includes any of the following:

(1) "Ad hoc interpreter" means an untrained individual who is called upon to interpret, such as a family member interpreting for his or her parents, a bilingual staff member pulled away from other duties to interpret, or a self-declared bilingual who volunteers to interpret. "Ad hoc interpreter" may also be referred to as a chance interpreter or lay interpreter.

(2) "Bilingual worker/employee" means an employee who is a proficient speaker of two languages and who may provide direct services in both languages but who, without additional training, is not qualified to serve as an interpreter.

(3) "Dual-role interpreter" means a bilingual employee who has been tested for language skills and trained as an interpreter and who assumes the task of part-time interpreting willingly.

"Interpreting" means any of the following:

(1) "Community interpreting" means interpreting that takes place in the course of communication in the local community among speakers of different languages. A "community interpreter" may or may not be a trained interpreter. "Community" settings include schools, social service agencies, clinics, legal services, and businesses that serve a diverse clientele.

(2) "Face-to-face interpreting" means interpreting in which the interpreter is present, in person, and with both, or a least one, of the persons for whom interpreting is provided.

(3) "Telephone interpreting" or "telephonic interpreting" means interpreting carried out remotely, with the interpreter providing the service connected by telephone to the principal parties, typically provided through a speaker phone or headsets.

"Language" means a manner of communication utilized by one person to communicate with another person.

"Language access services" (LAS) means mechanisms used to facilitate communication with individuals who do not speak English, those who have limited English proficiency, and those who are deaf or hard of hearing. These services may include, but are not limited to, in-person interpreters, bilingual staff, or remote interpreting systems, such as telephone or video interpreting. "Language access services" also refer to processes in place to provide translation of written materials or signage, sign language, or Braille materials.

"Limited English proficient" (LEP) means a level of English proficiency that is insufficient to ensure equal access to public services without language assistance with respect to a particular type of service, benefit, or encounter. An LEP person does not speak English as his or her primary language and has limited ability to read, write, speak, or understand English.

"Meaningful access" means when agencies and their contractors and subcontractors take reasonable steps to ensure programs and services normally provided in English are accessible to LEP persons and thus do not discriminate on the basis of national origin in violation of the prohibition against national origin discrimination under Title VI of the Civil Rights Act of 1964. Compliance involves the balancing of 4 factors: (1) the number and proportion of eligible LEP customers; (2) the frequency of contact with LEP customers; (3) the importance or impact of the contact upon the lives of the person served; and (4) the resources available to the organization. This 4-factor LEP analysis may be applied to the different types of programs or activities that each agency provides to determine the level of language assistance measures sufficient to assure full compliance or to demonstrate reasonable efforts.

"Person" means any individual, corporation, partnership, firm, organization, or association acting individually or as a group.

"Reasonable steps" means steps taken to provide language access to LEP persons in agreement with this Act and in compliance with Title VI of the Civil Rights Act of 1964.

"Staff" means the group of individuals formally affiliated with an institution, including paid employees, contractors, sub-contractors, and unpaid volunteers.

"State" means the State of Illinois.

"Translation services" means the conversion of a written text into a corresponding written text in a different language.

Section 15. State-conducted programs and activities.

(a) Each agency shall prepare an LAS Plan that shall improve access to its State-conducted programs and activities for eligible LEP persons.

(b) Each agency LAS Plan shall include the steps the agency will take to ensure eligible LEP persons can meaningfully access the agency's programs and activities.

(c) Agencies shall develop and begin to implement LAS Plans within 120 days of the effective date of this Act and shall send copies of their LAS Plans to the Illinois Latino Family Commission, which shall serve as the central repository of the agencies' LAS Plans.

(d) Each agency that already has developed a LAS Plan shall examine their existing guidelines, as well as their programs and activities, to determine if additional guidelines are necessary to comply with this Act. The Illinois Latino Family Commission shall consult with the agencies in creating their guidelines. Within 120 days of the effective date of this Act, each agency shall submit its specific guidelines to the Illinois Latino Family Commission for review and approval.

(e) Agency LAS Plans shall provide:

(1) A 4-factor meaningful access assessment that shall include:

(A) the number or proportion of LEP persons eligible to be served or likely to be encountered by the program or agency;

(B) the frequency with which LEP individuals come into contact with the program;

(C) the nature and importance of the program, activity, or service provided by the recipient to its beneficiaries; and

(D) the resources available to the agency and the costs of interpretation and translation services.

(2) A language needs assessment tool based on the 4-factor analysis to establish:

(A) a systemic protocol of data collection; and

(B) tracking of languages served and eligible to be served.

(3) All print materials, Internet website language, and other mechanisms or forms that shall be used by the agency to provide notice to persons of the agency's LAS Plan.

(4) Agency compliance with Sections 25 and 30 of this Act.

(f) Each agency shall file its LAS Plan Status Report with the Illinois Latino Family Commission on an annual basis. The first Status Report shall be filed by each agency on or before May 31, 2015, and on or before every May 31 thereafter.

Section 20. State-assisted programs and activities.

(a) Each agency providing State financial assistance and each agency contracted by the State to provide services shall prepare an LAS Plan that shall be specifically tailored to its LEP clients and is consistent with the LEP Guidelines in this Act, as well as with rules adopted pursuant to this Act.

(b) Each agency LAS Plan shall include the steps the agency will take to ensure eligible LEP persons can meaningfully access the agency's programs and activities.

(c) Each agency shall develop and begin to implement their LAS Plans within 120 days of the effective date of this Act and shall send copies of their LAS Plans to the Illinois Latino Family Commission, which shall serve as the central repository of the agencies' LAS Plans.

(d) Agency LAS Plans shall include:

(1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee;

(2) the frequency with which LEP persons come into contact with the program;

(3) the nature and importance of the program, activity, or service provided by the recipient to its beneficiaries;

(4) the resources available to the grantee or recipient and the costs of interpretation and translation services;

(5) a language needs assessment tool based on the 4-factor analysis to establish a systemic protocol of data collection and tracking of languages served and eligible to be served; and

(6) all print materials, Internet website language, and other mechanisms or forms that shall be used by the agency to provide notice to persons of the agency's LAS Plan.

(e) Each agency shall file its LAS Plan Status Report with the Illinois Latino Family Commission on an annual basis. The first Status Report shall be filed by each agency on or before May 31, 2015, and on or before every May 31 thereafter.

Section 25. Staffing of State-conducted programs.

(a) Agencies shall have minimum bilingual staffing levels and requirements.

(1) For agency staff with a 15% or more LEP person caseload, the position shall be designated "bilingual". A position designated "bilingual" shall not be filled by a monolingual staff person. A reclassification of staff positions from "bilingual" to "monolingual" shall require the approval of the Governor's Office of New Americans.

(2) Each agency shall assess language proficiency using a formal written and oral examination. The staff person's score in the examination shall determine qualified bilingual persons that can offer direct conversations to the LEP client.

(b) State agencies shall provide interpreters who have received a minimum of 100 hours of interpreter training on techniques and professional standards of practice. Each State agency shall:

(1) create an internal pool of trained and qualified interpreters using a 100-hour curriculum;

(2) develop and make accessible to all agency staff a complete and up-to-date directory of qualified interpreters utilized by the agency; and

(3) assess and build current LAS resources and provide a reliable method of communicating these resources to state agencies.

Section 30. Language Assistance Protocol.

(a) Each agency shall conduct at least one annual staff training on the following:

(1) the agency's existing LAS Plans;

(2) the agency's need to provide qualified interpreters to LEP clients; and

(3) interpreter use, including, but not limited to, interpreter competencies, professional standards of practice, interpreter code of ethics, and quality of service.

(b) Each agency shall assign a senior-level staff person to oversee implementation of the agency's LAS Plan and to monitor internal LAS initiatives, programs, filings, and communications.

Section 99. Effective date. This Act takes effect January 1, 2015.".