Bill Text: IL HB3222 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Makes changes to the Language Equity and Access Act. Creates the Division of Language Equity and Access within the Governor's Office of New Americans to lead Statewide efforts in the implementation of the State's language equity and access policy for Limited English Proficient persons and to ensure meaningful access to information, services, programs, and activities offered by State agencies and other covered entities, including departments, offices, commissions, boards, or other agencies for Limited English Proficient persons. Provides that the role of the Division is to advance and monitor implementation of and compliance with the Act. Provides that the Division shall work with State agencies, covered entities and use other available State resources, such as the Office of New Americans, the Office of Equity, and the Department of Human Services Bureau of Refugee and Immigrant Services, to ensure that the State compiles available U.S. Census data on languages used across the State, including the identification of geographic patterns and trend data. Provides that each State agency and covered entity shall prepare a language access plan that will describe its Limited English Proficient service population, the policy and programmatic actions it will implement and the metrics that will be used to measure compliance. Provides that the Division will prepare and submit a Language Equity and Access Compliance Report to the General Assembly on an annual basis by January 1, 2024. Provides that the Governor's Office shall provide administrative and other support to the Governor's Office of New Americans and its Division of Language Equity and Access. Defines terms. Effective July 1, 2023.

Spectrum: Partisan Bill (Democrat 46-0)

Status: (Engrossed) 2023-10-26 - Added as Alternate Co-Sponsor Sen. Javier L. Cervantes [HB3222 Detail]

Download: Illinois-2023-HB3222-Engrossed.html

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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
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 may, therefore, be excluded from equitable access to State
information, programs, services, and activities. It is the
intent of the General Assembly that the State adopt a language
equity and access policy that incorporates federal guidance
for ensuring meaningful access for persons with limited
English proficiency as provided by Title VI of the Civil
Rights Act of 1964, U.S. Presidential Executive Order No.
13166 (Improving Access to Services for Persons with Limited
English Proficiency), U.S. Presidential Executive Order 13985
(Strengthen Racial Equity and Support for Underserved
Communities Through the Federal Government), U.S. Presidential
Executive Order 14091 (Further Advancing Racial Equity and
Support for Underserved Communities Through the Federal
Government), other non-discrimination provisions in federal

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statute, and any succeeding provisions of federal or state
law, regulation, or guidance.
Section 10. Definitions.
In this Act:
"Covered entity" means any office, commission, board,
authority, or other body that is directly responsible to an
executive branch constitutional officer.
"Division of Language Equity and Access" or "DLEA" means
the Division of Language Equity and Access within the
Governor's Office of New Americans.
"Interpretation services" means listening to a
communication in one language and orally converting it to
another language in a manner that preserves the intent and
meaning of the original message.
"Limited English proficient person" means a person, or the
family member, caregiver, or decision maker of a person, who
does not speak English as their primary language and who may
have a limited ability to read, write, speak, or understand
English.
"Meaningful access" means the provision of services in a
manner that is equally accessible, without delay, denial or
difference, and is meaningful to all individuals seeking
services, regardless of their ability to speak or understand
English.
"State Agency" means executive agencies, departments,

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boards, commissions, and authorities directly responsible to
the Governor.
"Translation services" means the conversion of text from
one language to another in a written form to convey the intent
and essential meaning of the original text.
"Vital documents" means documents that affect a person's
access to, retention in, termination of, or exclusion from
program services or benefits.
Section 15. Statewide Language Equity and Access.
This Act is created to ensure meaningful access to
State programs and resources for persons with limited English
proficiency. This Act requires the State to, at a minimum:
(1) compile a Language Needs Assessment Report based
on available U.S. Census data that identifies the
languages spoken throughout the State as described in
Section 30 of this Act;
(2) prepare a language access plan as detailed in
Section 35 of this Act;
(3) develop a rating and compliance framework to
assess progress by State agencies and covered entities,
including key performance indicators;
(4) prepare a compliance and progress report to be
submitted on an annual basis to the Governor and the
General Assembly by January 1 of every year;
(5) establish requirements for the availability of

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interpretation and translation services;
(6) set standards for adequate staffing of bilingual
employees at State agencies and other covered entities,
including a methodology for monitoring implementation and
updating the State Services Assurance Act and the
Bilingual Employment Plan, based on current Language Needs
Use Assessment Report conducted under Section 30 of this
Act;
(7) incorporate language equity compliance provisions
in State contracts with vendors, grantees and purchase of
care entities;
(8) ensure that whenever an emergency, weather, health
or other crisis situation has been declared, the State's
Limited English Person population is adequately notified
of the emergency, information and any actions required,
and has equitable access to emergency resources; and
(9) create the Division of Language Equity and Access
within the Governor's Office of New Americans to monitor
and provide expertise to ensure the implementation of this
Act.
Section 20. Division of Language Equity and Access.
The Division of Language Equity and Access is hereby
created within the Governor's Office of New Americans to lead
statewide efforts in the implementation of the State's
language equity and access policy for Limited English

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Proficient persons and to ensure meaningful access to
information, services, programs, and activities offered by
State agencies and other covered entities, including
departments, offices, commissions, boards, or other agencies,
for Limited English Proficient persons. DLEA shall have a
full-time Director who is bilingual and has experience in
serving immigrant populations. The role of DLEA is to advance
and monitor implementation of and compliance with this Act by:
(1) providing oversight, central coordination, and
technical assistance to State agencies and covered
entities in the implementation of language access
requirements under this Act or under any other law,
regulation, or guidance related to language access;
(2) reviewing and monitoring each State agency's
language access plan for compliance with this Act;
(3) consulting with language access coordinators, the
Language Equity and Access Advisory Council, and State
agency directors or their equivalent;
(4) creating, distributing, and making 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 interpretation services and how to request language
services;
(5) creating the complaint and investigation process
for Limited English Proficient persons to report Language

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Equity and Access violations;
(6) developing recommendations for a statewide policy
and draft a corresponding plan for the utilization of
interpreters and translators, including standards for
certification and qualifications;
(7) developing multilingual websites with information
about DLEA and information about relevant policies,
standards, plans, and complaint processes;
(8) preparing an annual compliance report to be
submitted to the Governor and the General Assembly;
(9) working with the Language Equity and Access
Advisory Council to engage external stakeholders in policy
and implementation discussions; and
(10) addressing other issues as necessary to ensure
equity and meaningful participation for persons with
limited English proficiency.
The DLEA shall adopt administrative rules as necessary to
implement and administer this Act.
Section 25. Language Equity and Access Advisory Council.
(a) The Language Equity and Access Advisory Council is
hereby established for the purposes of advising the Office of
Language Equity and Access on:
(1) the development and implementation of language
equity and access policies and procedures;
(2) the quality of language services provided by State

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agencies and covered entities; and
(3) the overall State competency in working with
persons with limited English proficiency.
(b) The Language Equity and Access Advisory Council shall
consist of the following 18 members:
(1) one member of the Senate, appointed by the
President of the Senate;
(2) one member of the Senate, appointed by the
Minority Leader of the Senate;
(3) one member of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(4) one member of the House of Representatives,
appointed by the Minority Leader of the House of
Representatives;
(5) three members representing the non-profit sector,
appointed by the President of the Senate, upon the
recommendation of the Asian American, Black, and Latino
Legislative Caucuses;
(6) three members representing the non-profit sector,
appointed by the Speaker of the House, upon the
recommendation of the Asian American, Black, and Latino
Legislative Caucuses;
(7) six members, appointed by the Governor upon the
recommendation of non-profit organizations that serve or
advocate on behalf of immigrant and refugee communities;
and

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(8) two members who are consumers of State services,
appointed by the Governor upon the recommendation of
non-profit organizations that serve or advocate on behalf
of immigrant and refugee communities.
(c) Appointments to the Language Equity and Access
Advisory Council shall maximize representation of individuals
from diverse language groups, diverse geographic areas of the
State, and diverse professional backgrounds, and at least
one-third of the persons appointed to the Language Equity and
Access Advisory Council shall be individuals who reside in
areas of the State outside of Cook County.
(d) Appointments to the Language Equity and Access
Advisory Council are for 2-year terms, and the Language Equity
and Access Advisory Council shall meet at least 4 times per
year. Members of the Language Equity and Access Advisory
Council shall appoint co-chairs at the Advisory Council's
first meeting.
Section 30. Statewide Language Use Needs Assessment.
The DLEA shall work with State agencies and covered
entities and shall use other available State resources, such
as the Office of New Americans, the Office of Equity, and the
Department of Human Services Bureau of Refugee and Immigrant
Services, to ensure the State compiles available U.S. Census
data on languages used across the State, including the
identification of geographic patterns and trend data. The

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report shall be compiled at least every 10 years in
conjunction with the decennial federal Census but may be
updated periodically using other Census data reports.
The Language Use and Needs Assessment report will be made
available to State agencies and covered entities for the
development of their Language Access Plans and overall
improvement in service provision to Limited English
Proficient.
Section 35. Language Access Plans.
(a) 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. Therefore, each State agency and covered entity
shall prepare a language access plan, which will describe its
Limited English Proficient service population, the policy and
programmatic actions they will implement, and the metrics that
will be used to measure compliance.
(b) State agencies and covered entities shall designate a
Language Access Coordinator that is responsible for the plan
and language access plan activities.
(c) The adequacy of State agency and covered entities
plans are determined by the totality of the circumstances,
including the following 4 factors listed by federal guidance.
Therefore, each language plan must begin with a language needs
assessment that includes the following information:

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(1) the number or proportion of persons with limited
English proficiency served or encountered in the eligible
service population;
(2) the frequency with which persons with limited
English proficiency come in contact with the services,
programs, or activities;
(3) the nature and importance of the services,
programs, or activities; and
(4) the resources available to the State or covered
entity and the costs.
(d) Furthermore, each State agency and covered entity
should describe in its plans how it will accomplish all of the
following:
(1) Subject to subsection (a), each State agency and
covered entity shall provide competent, timely translation
services to persons with limited English proficiency who
seek to access information, services programs, or
activities.
(2) Subject to subsection (a), each State agency and
covered entity shall provide translation services of vital
documents to limited English proficient persons who seek
to access information, services, programs, or activities,
as follows:
(A) translation services of vital documents for
each eligible limited English proficient group that
constitutes 5% or 1,000 members, whichever is less, of

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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.
(e) The DLEA shall develop a template and mechanism for
collecting, storing, and analyzing Language Access Plans.
(f) Following the first submitted plan, language access
plans shall include an assessment of performance metrics for
the previous year.
(g) Upon review, the DLEA shall provide guidance and
feedback to each State agency and covered entity, including
any corrective action recommendations to ensure compliance
with the language access plans.
(h) Language access plans and evaluations shall be made
public and accessible.
(i) The DLEA shall develop a rating framework for
evaluation of language access plans and implementation.
Section 40. Compliance and Accountability.
(a) By January 1, 2024, and every January 1 thereafter,
the DLEA shall submit a Language Equity and Access Compliance

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Report to the General Assembly. The Compliance Report shall be
based on information collected during the preceding fiscal
year and shall, at minimum, include:
(1) key performance metrics for the previous year;
(2) the following information for each State agency
and covered entity:
(A) the language access plan, including language
access services offered;
(B) the number and percentage of people who are
Limited English Proficient Persons who use the
services of the State agency or covered entity, listed
by language other than English;
(C) a roster of bilingual employees, their titles,
office locations, the languages other than English
that the persons speak, and whether or not the
employees are certified as bilingual in that language;
(D) the name and contact information of the
language access coordinator;
(E) a description of any use of telephone-based
interpretation services, including the number of times
telephone-based interpretation services were used, the
languages for which they were used, and the number of
times bilingual employees provided in-person
interpretation services;
(F) a description of the:
(i) telephone requests for translation or

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interpretation services;
(ii) in-person requests for translation or
interpretation services; and
(iii) electronic requests for translation or
interpretations services;
(G) public notices of the availability of
translation or interpretation services upon request;
(H) an ongoing employee development and training
strategy to maintain well trained bilingual employees
and general staff;
(I) a list and description of all written
translated materials provided, including the total
number, languages, and services requested; and
(J) a list and description of all complaints
received, including information on the number of
complaints, the method received, the breakdown of
affected languages, the written response to each
complaint, and the time frame within which each
complaint was handled.
(b) State agencies shall respond to language access
complaints, in writing, within 30 days after their receipt.
All complaints and responses shall be recorded in each
agency's respective annual report.
(c) The DLEA may investigate potential violations of this
Act if not resolved by the State agency or covered entity. The
DLEA may attempt to resolve non-compliance with this Act by

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any State agency or covered party through informal processes,
including mediation and conference and conciliation.
(d) If, after an investigation and attempt to resolve an
incidence of Department non-compliance, the DLEA is unable to
resolve the matter, the DLEA may transmit a written finding of
non-compliance, specifying the nature of the non-compliance
and the recommended corrective measures, to the Governor, the
Language Equity and Access Advisory Council, and it may
transmit the same information in the annual compliance report
to the General Assembly.
Section 45. Administrative support. The Governor's
Office shall provide administrative and other support to the
Division of Language Equity and Access.