Bill Text: IL SB3762 | 2023-2024 | 103rd General Assembly | Chaptered

---

Bill Title: Creates the Language Equity and Access Act. Requires the Governor's Office of New Americans, in partnership with the Department of Human Services, to: prepare a Language Needs Assessment Report that identifies the languages spoken throughout the State; assist State agencies in the creation of language access plans; provide oversight and central coordination to State agencies in the implementation of language access requirements under this Act; ensure that each State agency develops an internal complaint and review process specific to the provision of language assistance services in addressing complaints in a timely manner; and perform other duties. Requires the Office and Department to work with State agencies to compile available United States Census data on language used across the State to inform the Language Needs Assessment Report. Provides that the report shall be updated every 10 years in conjunction with the decennial federal census. Requires each State agency to prepare and submit a language access plan to the Governor's Office of New Americans.

Spectrum: Partisan Bill (Democrat 55-0)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0723 [SB3762 Detail]

Download: Illinois-2023-SB3762-Chaptered.html

---

Public Act 103-0723
SB3762 Enrolled LRB103 38804 JRC 68941 b
AN ACT concerning 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 the Illinois Human Rights
Act, the Illinois Civil Rights Act of 2003, 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 (Advancing 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 or State statutes, and any succeeding provisions of
federal or State law, regulation, or guidance.
Section 10. Definitions. In this Act:
"Interpretation" 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.
"Language assistance services" means oral and written
language services needed to assist LEP individuals to
communicate effectively with staff, and to provide LEP
individuals with meaningful access to, and equal opportunity
to participate fully in, the services, activities, or other
programs administered by the State.
"Limited English proficient (LEP) person" means an
individual who does not speak English as his or her primary
language and who has a limited ability to read, speak, write,
or understand English.
"Meaningful access" means language assistance that results
in accurate, timely, and effective communication at no cost to
limited English proficient persons. For LEP persons,
meaningful access denotes access that is not unreasonably
restricted, delayed, or inferior as compared to access to
programs or activities provided to English proficient
individuals.

"State agency" means an executive agency, department,
board, commission, or authority directly responsible to the
Governor.
"Translation" 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 paper or electronic written
material that contains information that affects a person's
access to, retention of, termination of, or exclusion from
program services or benefits or is required by law.
Section 15. Statewide Language Equity and Access.
(a) This Act is created to ensure meaningful access to
State programs and resources for limited proficient (LEP)
persons. This Act requires the Governor's Office of New
Americans, with the support of the Department of Human
Services and any other relevant agencies to, at a minimum:
(1) prepare, based on available U.S. Census data, a
Language Needs Assessment Report that identifies the
languages spoken throughout the State as described in
Section 25 of this Act;
(2) assist State agencies in the creation of language
access plans as detailed in Section 30 of this Act;
(3) develop standards and a compliance framework to
assess progress by State agencies, including both key
performance indicators and mechanisms to track them;

(4) provide annual reporting on State agency
compliance and progress to the Governor and the General
Assembly by December 31 of every year starting in 2026;
(5) establish requirements for the availability of
interpretation and translation services;
(6) set standards for adequate staffing of bilingual
employees at State agencies, including a methodology for
monitoring implementation and updating the State Services
Assurance Act and the Bilingual Employment Plan, based on
the Language Needs Assessment Report;
(7) incorporate language equity compliance provisions
in State contracts with vendors, grantees and purchase of
care entities; and
(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, any actions
required, and has equitable access to emergency resources.
(b) The Governor's Office of New Americans, with the
support of the Department of Human Services and any other
relevant agencies, shall lead statewide efforts in the
implementation of the State's language equity and access
policy for LEP persons and to ensure meaningful access to
information, services, programs, and activities offered by
State agencies for LEP persons. The role of the Governor's
Office of New Americans in this work is to advance and monitor

implementation of and compliance with this Act by:
(1) providing oversight, central coordination, and
technical assistance to State agencies in the
implementation of language access requirements under this
Act or under any other law, rule, 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 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) ensuring that each State agency develops an
internal complaint and review process specific to the
provision of language assistance services and supporting
agencies in addressing complaints in a timely manner;
(6) developing recommendations for the use of
interpreters and translators, including standards for
certification and qualifications;
(7) assisting State agencies in developing
multilingual websites with information about relevant
policies, standards, plans, and complaint processes;

(8) assisting State agencies in preparing public
notices of the availability of translation or
interpretation services upon request;
(9) preparing an annual compliance report to be
submitted to the Governor and the General Assembly; and
(10) addressing other issues as necessary to ensure
equity and meaningful participation for persons with
limited English proficiency.
Section 20. Statewide Language Needs Assessment. The
Governor's Office of New Americans, with the support of the
Department of Human Services and any other relevant State
agencies, shall compile available United States Census data on
languages used across the State, including the identification
of geographic patterns and trend data, to inform the Language
Needs Assessment Report. The report shall be updated at least
every 10 years in conjunction with the decennial federal
Census but may be updated more frequently using other Census
data reports.
The Language Needs Assessment report shall be made
available to State agencies for the development of their
language access plans and overall improvement in service
provision to LEP persons.
Section 25. Language access plans.
(a) Each State agency shall take reasonable steps to

ensure meaningful access to services, programs, and activities
by LEP persons. Therefore, each State agency shall prepare and
submit a language access plan to the Governor's Office of New
Americans. Each language access plan should describe the
population of LEP persons the agency serves, the policy and
programmatic actions the agency will implement to ensure
meaningful access, and the metrics the agency will use to
measure compliance with this Act.
(b) Each State agency shall designate a Language Access
Coordinator who is responsible for overseeing the development
and implementation of the agency's language access plan.
(c) The adequacy of a State agency's language access plan
shall be determined by the totality of the circumstances,
including an individualized assessment that balances the
following factors:
(1) the number or proportion of LEP persons who are
served or encountered in the eligible service population
of the State agency;
(2) the frequency with which LEP persons come in
contact with the services, programs, or activities
provided by the State agency;
(3) the nature and importance of the services,
programs, or activities provided by the State agency; and
(4) the resources available to the State agency and
the costs.
(d) Each State agency shall describe in its plans how it

will provide all of the following:
(1) competent, timely translation and interpretation
services to LEP persons who are seeking access to
information, services, programs, or activities provided by
the State agency; and
(2) vital document translation services for LEP
persons who are seeking access to information, services,
programs, or activities provided by the State agency, as
follows:
(A) if there are more than 1,000 LEP persons in the
population of persons served by the State agency or if
LEP persons comprise more than 5% of the population of
persons served by the State agency; or
(B) if there are fewer than 50 persons served by
the State agency that reach the 5% threshold in
subparagraph (A), the State agency shall provide
written notice in the primary language to the LEP
persons of the right to receive competent oral
interpretation of those written materials free of
cost.
(3) Following the first submitted plan, language
access plans shall include an assessment of performance
metrics for the previous State fiscal year.
(e) The Governor's Office of New Americans, with the
support of the Department of Human Services and any other
relevant State agencies, shall develop a template and

mechanism for collecting and analyzing State agency language
access plans.
(f) Following completion of the assessment, the Governor's
Office of New Americans, with the support of the Department of
Human Services and any other relevant State agencies, shall
provide guidance and feedback to each State agency, including
any recommendations to ensure compliance with this Act.
(g) Language access plans shall be made publicly
accessible by each State agency.
Section 30. Compliance and accountability.
(a) No later than July 1, 2025, the Governor's Office of
New Americans shall prepare and submit to the General Assembly
a Language Equity and Access Status Report detailing the
progress made by State agencies in the implementation of this
Act, including the development of Language Access Plans.
(b) By December 31, 2026, and every December 31
thereafter, the Governor's Office of New Americans shall
submit a Language Equity and Access Compliance Report to the
General Assembly. The Compliance Report shall be based on
information collected during the preceding fiscal year and
shall, at a minimum, include:
(1) key performance metrics for the previous year;
(2) the following information for each State agency:
(A) a high-level summary of the language access
plan, including language access services offered;

(B) as applicable, the number and percentage of
LEP persons who use the services of the State agency,
listed by language other than English;
(C) aggregate data on the number of bilingual
employees, by title, who are in roles designated as
requiring a person employed in that position to speak
or write in a language other than English, including
the languages that the persons are required to speak
in that role, and whether the employees are certified
as bilingual in those languages;
(D) the name and contact information of the
Language Access Coordinator for each State agency;
(E) an ongoing employee development and training
strategy to maintain well-trained bilingual employees
and general staff;
(F) data on the use of any interpretation or
translation vendor services such as number and type of
language services requested, languages requested, and
any other relevant data; and
(G) aggregate data on the number of complaints
filed and the status or resolution of the complaints.
(c) The Governor's Office of New Americans shall attempt
to resolve a language access complaint received by a State
agency if the agency does not resolve the complaint in a timely
manner or the resolution is inadequate. Upon referral of a
complaint, the Governor's Office of New Americans may engage

in informal processes, including mediation, conference, and
conciliation, to resolve the complaint.
Section 35. Implementation. The Governor's Office of New
Americans may work in collaboration with the Department of
Human Services and any other relevant State agency to
implement this Act.