Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2376 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2376 Introduced 2/10/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new Provides that all agency rules establishing procedures for contested cases may include procedures for requesting language assistance. Provides that, in a contested case, all parties shall be afforded an opportunity for an administrative hearing after reasonable notice in the preferred spoken language of the parties, if known by the agency. Provides that notice for the administrative hearings shall include instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice, and a statement written in those languages. Defines "language assistance". Provides that the administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. Provides that if an individual for whom English is a second language knows some English, it should not prohibit that individual from being allowed to receive language assistance. Provides that the examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record. Provides that any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing. Creates qualifications for the certification of administrative hearing interpreters. LRB103 28553 DTM 54934 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2376 Introduced 2/10/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new 5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new Provides that all agency rules establishing procedures for contested cases may include procedures for requesting language assistance. Provides that, in a contested case, all parties shall be afforded an opportunity for an administrative hearing after reasonable notice in the preferred spoken language of the parties, if known by the agency. Provides that notice for the administrative hearings shall include instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice, and a statement written in those languages. Defines "language assistance". Provides that the administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. Provides that if an individual for whom English is a second language knows some English, it should not prohibit that individual from being allowed to receive language assistance. Provides that the examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record. Provides that any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing. Creates qualifications for the certification of administrative hearing interpreters. LRB103 28553 DTM 54934 b LRB103 28553 DTM 54934 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2376 Introduced 2/10/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new 5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new
4	4	5 ILCS 100/10-10 from Ch. 127, par. 1010-10
5	5	5 ILCS 100/10-25 from Ch. 127, par. 1010-25
6	6	5 ILCS 100/10-25.1 new
7	7	5 ILCS 100/10-45 from Ch. 127, par. 1010-45
8	8	5 ILCS 100/10-50 from Ch. 127, par. 1010-50
9	9	5 ILCS 100/10-70 from Ch. 127, par. 1010-70
10	10	20 ILCS 405/600 new
11	11	Provides that all agency rules establishing procedures for contested cases may include procedures for requesting language assistance. Provides that, in a contested case, all parties shall be afforded an opportunity for an administrative hearing after reasonable notice in the preferred spoken language of the parties, if known by the agency. Provides that notice for the administrative hearings shall include instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice, and a statement written in those languages. Defines "language assistance". Provides that the administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. Provides that if an individual for whom English is a second language knows some English, it should not prohibit that individual from being allowed to receive language assistance. Provides that the examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record. Provides that any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing. Creates qualifications for the certification of administrative hearing interpreters.
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14	14	A BILL FOR
15	15	SB2376LRB103 28553 DTM 54934 b SB2376 LRB103 28553 DTM 54934 b
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17	17	1 AN ACT concerning State government.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 5. The Illinois Administrative Procedure Act is
21	21	5 amended by changing Sections 10-10, 10-25, 10-45, 10-50, and
22	22	6 10-70 and by adding Section 10-25.1 as follows:
23	23	7 (5 ILCS 100/10-10) (from Ch. 127, par. 1010-10)
24	24	8 Sec. 10-10. Components of rules. All agency rules
25	25	9 establishing procedures for contested cases shall at a minimum
26	26	10 comply with the provisions of this Article 10. In addition,
27	27	11 agency rules establishing procedures may include, but need not
28	28	12 be limited to, the following components: pre-hearing
29	29	13 conferences, representation interview or deposition
30	30	14 procedures, default procedures, selection of administrative
31	31	15 law judges, the form of the final order, the standard of proof
32	32	16 used, which agency official makes the final decision,
33	33	17 representation of parties, procedure for requesting language
34	34	18 assistance, subpoena request procedures, discovery and
35	35	19 protective order procedures, and any review or appeal process
36	36	20 within the agency.
37	37	21 (Source: P.A. 87-823.)
38	38	22 (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
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42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2376 Introduced 2/10/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
43	43	5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new 5 ILCS 100/10-10 from Ch. 127, par. 1010-10 5 ILCS 100/10-25 from Ch. 127, par. 1010-25 5 ILCS 100/10-25.1 new 5 ILCS 100/10-45 from Ch. 127, par. 1010-45 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 5 ILCS 100/10-70 from Ch. 127, par. 1010-70 20 ILCS 405/600 new
44	44	5 ILCS 100/10-10 from Ch. 127, par. 1010-10
45	45	5 ILCS 100/10-25 from Ch. 127, par. 1010-25
46	46	5 ILCS 100/10-25.1 new
47	47	5 ILCS 100/10-45 from Ch. 127, par. 1010-45
48	48	5 ILCS 100/10-50 from Ch. 127, par. 1010-50
49	49	5 ILCS 100/10-70 from Ch. 127, par. 1010-70
50	50	20 ILCS 405/600 new
51	51	Provides that all agency rules establishing procedures for contested cases may include procedures for requesting language assistance. Provides that, in a contested case, all parties shall be afforded an opportunity for an administrative hearing after reasonable notice in the preferred spoken language of the parties, if known by the agency. Provides that notice for the administrative hearings shall include instructions at the top of the notice, written in, at a minimum, English, Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese, Korean, and Tagalog, for assistance in translating the contents of the notice, and a statement written in those languages. Defines "language assistance". Provides that the administrative law judge has the duty to inquire and determine if a participant in the hearing needs language assistance to participate in or understand the hearing. Provides that if an individual for whom English is a second language knows some English, it should not prohibit that individual from being allowed to receive language assistance. Provides that the examination of the individual believed to be in need of language assistance must be done on the record, and the conclusion of the administrative law judge must be stated on the record. Provides that any party or witness has the right to request language assistance to participate in or understand the hearing at any time during the course of the hearing. Creates qualifications for the certification of administrative hearing interpreters.
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53	53	LRB103 28553 DTM 54934 b
54	54	A BILL FOR
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60	60	5 ILCS 100/10-10 from Ch. 127, par. 1010-10
61	61	5 ILCS 100/10-25 from Ch. 127, par. 1010-25
62	62	5 ILCS 100/10-25.1 new
63	63	5 ILCS 100/10-45 from Ch. 127, par. 1010-45
64	64	5 ILCS 100/10-50 from Ch. 127, par. 1010-50
65	65	5 ILCS 100/10-70 from Ch. 127, par. 1010-70
66	66	20 ILCS 405/600 new
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85	85	1 Sec. 10-25. Contested cases; notice; hearing.
86	86	2 (a) In a contested case, all parties shall be afforded an
87	87	3 opportunity for a hearing after reasonable notice in the
88	88	4 preferred spoken language of the parties, if known by the
89	89	5 agency. The notice shall be served personally, by certified or
90	90	6 registered mail, by email as provided by Section 10-75, or as
91	91	7 otherwise provided by law upon the parties or their agents
92	92	8 appointed to receive service of process and shall include the
93	93	9 following:
94	94	10 (1) A statement of the time, place, and nature of the
95	95	11 hearing.
96	96	12 (2) A statement of the legal authority and
97	97	13 jurisdiction under which the hearing is to be held.
98	98	14 (3) A reference to the particular Sections of the
99	99	15 substantive and procedural statutes and rules involved.
100	100	16 (4) Except where a more detailed statement is
101	101	17 otherwise provided for by law, a short and plain statement
102	102	18 of the matters asserted, the consequences of a failure to
103	103	19 respond, and the official file or other reference number.
104	104	20 (5) To the extent such information is available, the
105	105	21 names, phone numbers, email addresses, and mailing
106	106	22 addresses of the administrative law judge or designated
107	107	23 agency contact, the parties, and all other persons to whom
108	108	24 the agency gives notice of the hearing unless otherwise
109	109	25 confidential by law.
110	110	26 (6) Instructions at the top of the notice, written in,
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121	121	1 at a minimum, English, Spanish, Polish, Gujarati, Urdu,
122	122	2 Mandarin, Cantonese, Korean, and Tagalog, for assistance
123	123	3 in translating the contents of the notice.
124	124	4 (7) A statement written in, at a minimum, English,
125	125	5 Spanish, Polish, Gujarati, Urdu, Mandarin, Cantonese,
126	126	6 Korean, and Tagalog, of the right to request an
127	127	7 interpreter for the hearing.
128	128	8 (b) An opportunity shall be afforded all parties to be
129	129	9 represented by legal counsel and to respond and present
130	130	10 evidence and argument.
131	131	11 (c) Unless precluded by law, disposition may be made of
132	132	12 any contested case by stipulation, agreed settlement, consent
133	133	13 order, or default.
134	134	14 (Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
135	135	15 (5 ILCS 100/10-25.1 new)
136	136	16 Sec. 10-25.1. Language Assistance.
137	137	17 (a) "Language assistance" means oral interpretation or
138	138	18 written or sight translation into English of a language other
139	139	19 than English or of English into another language for a party or
140	140	20 witness who cannot speak or understand English or who can do so
141	141	21 only with difficulty. "Sight translation" means the reading of
142	142	22 text written in one language by an interpreter who orally
143	143	23 translates it into another language.
144	144	24 (b) The administrative law judge has the duty to inquire
145	145	25 and determine if a participant in the hearing needs language
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156	156	1 assistance to participate in or understand the hearing. The
157	157	2 fact that an individual for whom English is a second language
158	158	3 knows some English should not prohibit that individual from
159	159	4 being allowed to receive language assistance. The examination
160	160	5 of the individual believed to be in need of language
161	161	6 assistance must be done on the record, and the conclusion of
162	162	7 the administrative law judge must be stated on the record.
163	163	8 (c) Any party or witness has the right to request language
164	164	9 assistance to participate in or understand the hearing at any
165	165	10 time during the course of the hearing.
166	166	11 (d) When language assistance is requested or determined to
167	167	12 be necessary by the administrative law judge, the agency must
168	168	13 appoint a certified, registered, or qualified interpreter, at
169	169	14 no cost to the person in need of the assistance. If it appears
170	170	15 that language assistance is needed but interpreters are not
171	171	16 available for the scheduled hearing, the administrative law
172	172	17 judge shall continue or postpone the hearing until appropriate
173	173	18 services can be provided. An unregistered interpreter should
174	174	19 be appointed only if the agency made reasonable efforts to
175	175	20 obtain a certified, registered, or qualified interpreter and
176	176	21 is not reasonably available. If the agency appoints an
177	177	22 unregistered interpreter, the administrative law judge must
178	178	23 examine the interpreter on the record to ensure the
179	179	24 interpreter is qualified to interpret in the hearing, has
180	180	25 proficiency in English and the foreign language, and does not
181	181	26 present a conflict of interest.
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192	192	1 (1) Interpreters on the registry established pursuant
193	193	2 to Section 405-600 of the Department of Central Management
194	194	3 Services Law must be certified, registered, or qualified
195	195	4 for purposes of this Section.
196	196	5 (2) Court interpreters on the registry established
197	197	6 pursuant to the Illinois Supreme Court Language Access
198	198	7 Policy recommended lists of court interpreters must be
199	199	8 certified, registered, or qualified for purposes of this
200	200	9 Section.
201	201	10 (e) The appointed interpreter must swear or affirm that he
202	202	11 or she:
203	203	12 (1) will make a true interpretation in an
204	204	13 understandable manner to the person for whom the
205	205	14 interpreter has been appointed;
206	206	15 (2) will repeat the statements of the person in need
207	207	16 of interpretation assistance in the English language to
208	208	17 the best of his or her ability;
209	209	18 (3) has not had any involvement in the issues of the
210	210	19 case before the hearing; and
211	211	20 (4) will not disclose privileged or confidential
212	212	21 communications to any person.
213	213	22 (f) If the party or witness in need of interpretation or an
214	214	23 attorney or advocate involved in the proceeding concludes that
215	215	24 the appointed interpreter is not interpreting communications
216	216	25 correctly, they may request the appointment of a different
217	217	26 interpreter.
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228	228	1 (5 ILCS 100/10-45) (from Ch. 127, par. 1010-45)
229	229	2 Sec. 10-45. Proposal for decision. Except where otherwise
230	230	3 expressly provided by law, when in a contested case a majority
231	231	4 of the officials of the agency who are to render the final
232	232	5 decision has not heard the case or read the record, the
233	233	6 decision, if adverse to a party to the proceeding other than
234	234	7 the agency, shall not be made until a proposal for decision is
235	235	8 served upon the parties and an opportunity is afforded to each
236	236	9 party adversely affected to file exceptions and to present a
237	237	10 brief and, if the agency so permits, oral argument to the
238	238	11 agency officials who are to render the decision. The proposal
239	239	12 for decision shall contain a statement of the reasons therefor
240	240	13 and of each issue of fact or law necessary to the proposed
241	241	14 decision and shall be prepared by the persons who conducted
242	242	15 the hearing or one who has read the record. Where an
243	243	16 interpreter is appointed for a party in the hearing under
244	244	17 Section 10-25.1, the agency must provide a translation of the
245	245	18 proposal for decision or provide an interpreter for sight
246	246	19 translation of the proposal for decision to the party needing
247	247	20 language assistance.
248	248	21 (Source: P.A. 87-823.)
249	249	22 (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
250	250	23 Sec. 10-50. Decisions and orders.
251	251	24 (a) A final decision or order adverse to a party (other
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262	262	1 than the agency) in a contested case shall be in writing or
263	263	2 stated in the record. A final decision shall include findings
264	264	3 of fact and conclusions of law, separately stated. Findings of
265	265	4 fact, if set forth in statutory language, shall be accompanied
266	266	5 by a concise and explicit statement of the underlying facts
267	267	6 supporting the findings. If, in accordance with agency rules,
268	268	7 a party submitted proposed findings of fact, the decision
269	269	8 shall include a ruling upon each proposed finding. Parties or
270	270	9 their agents appointed to receive service of process shall be
271	271	10 notified either personally, by registered or certified mail,
272	272	11 by email as provided by Section 10-75, or as otherwise
273	273	12 provided by law. Upon request a copy of the decision or order
274	274	13 shall be delivered or mailed forthwith to each party and to his
275	275	14 attorney of record. Where an interpreter is appointed for a
276	276	15 party in the hearing under Section 10-25.1, the agency must
277	277	16 provide a translation of the proposal for decision or provide
278	278	17 an interpreter to sight translate the proposal for decision to
279	279	18 the party needing language assistance.
280	280	19 (b) All agency orders shall specify whether they are final
281	281	20 and subject to the Administrative Review Law. Every final
282	282	21 order shall contain a list of all parties of record to the case
283	283	22 including the name and address of the agency or officer
284	284	23 entering the order and the addresses of each party as known to
285	285	24 the agency where the parties may be served with pleadings,
286	286	25 notices, or service of process for any review or further
287	287	26 proceedings. Every final order shall also state whether the
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298	298	1 rules of the agency require any motion or request for
299	299	2 reconsideration and cite the rule for the requirement. The
300	300	3 changes made by this amendatory Act of the 100th General
301	301	4 Assembly apply to all actions filed under the Administrative
302	302	5 Review Law on or after the effective date of this amendatory
303	303	6 Act of the 100th General Assembly.
304	304	7 (c) A decision by any agency in a contested case under this
305	305	8 Act shall be void unless the proceedings are conducted in
306	306	9 compliance with the provisions of this Act relating to
307	307	10 contested cases, except to the extent those provisions are
308	308	11 waived under Section 10-70 and except to the extent the agency
309	309	12 has adopted its own rules for contested cases as authorized in
310	310	13 Section 1-5.
311	311	14 (Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;
312	312	15 101-81, eff. 7-12-19.)
313	313	16 (5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)
314	314	17 Sec. 10-70. Waiver.
315	315	18 (a) Compliance with any or all of the provisions of this
316	316	19 Act concerning contested cases may be waived by written
317	317	20 stipulation of all parties.
318	318	21 (b) Where an administrative law judge has determined that
319	319	22 a party needs language assistance to understand or participate
320	320	23 in the hearing under Section 10-25.1, the parties must include
321	321	24 a signed written stipulation in the preferred language of the
322	322	25 party in need of language assistance.
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333	333	1 (c) A written stipulation waiving any of the provisions in
334	334	2 Sections 10-25, 10-25.1, 10-45, and 10-50 of this Act about
335	335	3 language assistance may be withdrawn by the party in need of
336	336	4 language assistance by oral declaration at hearing or in a
337	337	5 written declaration at any time. A withdrawal of the waiver,
338	338	6 in compliance with this subsection (c), will require
339	339	7 compliance of the language assistance provisions of this Act
340	340	8 going forward in the proceeding.
341	341	9 (Source: P.A. 87-823.)
342	342	10 Section 10. The Department of Central Management Services
343	343	11 Law of the Civil Administrative Code of Illinois is amended by
344	344	12 adding Section 600 as follows:
345	345	13 (20 ILCS 405/600 new)
346	346	14 Sec. 600. Certification of administrative hearing
347	347	15 interpreters.
348	348	16 (a) The Department shall compile, maintain, and
349	349	17 disseminate a current registry of foreign language
350	350	18 interpreters certified, qualified, and registered by the
351	351	19 Department that meet the minimum standards in interpreting
352	352	20 skills and linguistic abilities developed by the Department.
353	353	21 Any certified, qualified, and registered interpreter listed
354	354	22 may be examined by each employing agency to determine the
355	355	23 interpreter's knowledge of the employing agency's technical
356	356	24 program terminology and procedures. For purposes of this
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367	367	1 section, the following definitions apply:
368	368	2 (1) "Certified interpreter" means a foreign language
369	369	3 interpreter certified pursuant to the program established
370	370	4 by the Department and listed on the Department's statewide
371	371	5 registry.
372	372	6 (2) "Qualified interpreter" means a foreign language
373	373	7 interpreter qualified pursuant to the program established
374	374	8 by the Department and listed on the Department's statewide
375	375	9 registry.
376	376	10 (3) "Registered interpreter" means a foreign language
377	377	11 interpreter registered pursuant to the program established
378	378	12 by the Department and listed on the Department's statewide
379	379	13 registry.
380	380	14 (b) The Department shall designate the languages for
381	381	15 certification. The Department may stop providing an
382	382	16 examination for the certification of a language if it finds
383	383	17 that there is an insufficient need for interpreting assistance
384	384	18 in the language using the criteria in subsection (c).
385	385	19 (c) The language designations shall be based on the
386	386	20 following:
387	387	21 (1) The language needs of non-English-speaking persons
388	388	22 appearing before the administrative agencies as determined
389	389	23 by consultation with the agencies.
390	390	24 (2) The cost of developing a language examination.
391	391	25 (3) The availability of experts needed to develop a
392	392	26 language examination.
393	393
394	394
395	395
396	396
397	397
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399	399
400	400
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403	403	1 (4) Other information the department deems relevant.
404	404	2 (d) The Department may charge reasonable fees to
405	405	3 interpreters for applying, testing, training, certification,
406	406	4 registration, and renewal of registration.
407	407
408	408
409	409
410	410
411	411
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