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Illinois Senate Bill SB2877

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2877 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2877 Introduced 1/24/2024, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 5 ILCS 100/10-10 from Ch. 127, par. 1010-105 ILCS 100/10-25 from Ch. 127, par. 1010-255 ILCS 100/10-25.1 new5 ILCS 100/10-70 from Ch. 127, par. 1010-70 Amends the Illinois Administrative Procedure Act. Specifies that the notice in contested case hearings must include an enclosure that notifies the recipient of the ability to request interpretive assistance for the hearing and to receive language assistance in translating the contents of the notice. Provides that an administrative law judge has the duty to inquire and determine whether a self-represented litigant or witness in a hearing needs interpretive assistance to participate in or understand the hearing. Authorizes any self-represented litigant, witness, or indigent person to request, at any time during the course of a hearing, interpretive assistance needed to participate in or understand the hearing. Provides that, if interpretive assistance is requested by a self-represented litigant, a witness, or an indigent person or if interpretive assistance is determined to be necessary by the administrative law judge, the administrative agency must appoint a foreign language interpreter at no cost to the person in need of the assistance for use in a substantive hearing. Authorizes an administrative agency to provide interpretive assistance during a nonsubstantive hearing through use of an interpreter who is not a foreign language interpreter, provided the administrative law judge examines the interpreter for competency for the purposes of the nonsubstantive hearing. Requires all persons appointed to provide interpretive assistance in substantive and nonsubstantive hearings to make certain affirmations. Contains provisions concerning waiver of these language assistance provisions. LRB103 37525 JDS 67648 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2877 Introduced 1/24/2024, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 5 ILCS 100/10-10 from Ch. 127, par. 1010-105 ILCS 100/10-25 from Ch. 127, par. 1010-255 ILCS 100/10-25.1 new5 ILCS 100/10-70 from Ch. 127, par. 1010-70 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 100/10-70 from Ch. 127, par. 1010-70 Amends the Illinois Administrative Procedure Act. Specifies that the notice in contested case hearings must include an enclosure that notifies the recipient of the ability to request interpretive assistance for the hearing and to receive language assistance in translating the contents of the notice. Provides that an administrative law judge has the duty to inquire and determine whether a self-represented litigant or witness in a hearing needs interpretive assistance to participate in or understand the hearing. Authorizes any self-represented litigant, witness, or indigent person to request, at any time during the course of a hearing, interpretive assistance needed to participate in or understand the hearing. Provides that, if interpretive assistance is requested by a self-represented litigant, a witness, or an indigent person or if interpretive assistance is determined to be necessary by the administrative law judge, the administrative agency must appoint a foreign language interpreter at no cost to the person in need of the assistance for use in a substantive hearing. Authorizes an administrative agency to provide interpretive assistance during a nonsubstantive hearing through use of an interpreter who is not a foreign language interpreter, provided the administrative law judge examines the interpreter for competency for the purposes of the nonsubstantive hearing. Requires all persons appointed to provide interpretive assistance in substantive and nonsubstantive hearings to make certain affirmations. Contains provisions concerning waiver of these language assistance provisions. LRB103 37525 JDS 67648 b LRB103 37525 JDS 67648 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2877 Introduced 1/24/2024, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
33 5 ILCS 100/10-10 from Ch. 127, par. 1010-105 ILCS 100/10-25 from Ch. 127, par. 1010-255 ILCS 100/10-25.1 new5 ILCS 100/10-70 from Ch. 127, par. 1010-70 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 100/10-70 from Ch. 127, par. 1010-70
44 5 ILCS 100/10-10 from Ch. 127, par. 1010-10
55 5 ILCS 100/10-25 from Ch. 127, par. 1010-25
66 5 ILCS 100/10-25.1 new
77 5 ILCS 100/10-70 from Ch. 127, par. 1010-70
88 Amends the Illinois Administrative Procedure Act. Specifies that the notice in contested case hearings must include an enclosure that notifies the recipient of the ability to request interpretive assistance for the hearing and to receive language assistance in translating the contents of the notice. Provides that an administrative law judge has the duty to inquire and determine whether a self-represented litigant or witness in a hearing needs interpretive assistance to participate in or understand the hearing. Authorizes any self-represented litigant, witness, or indigent person to request, at any time during the course of a hearing, interpretive assistance needed to participate in or understand the hearing. Provides that, if interpretive assistance is requested by a self-represented litigant, a witness, or an indigent person or if interpretive assistance is determined to be necessary by the administrative law judge, the administrative agency must appoint a foreign language interpreter at no cost to the person in need of the assistance for use in a substantive hearing. Authorizes an administrative agency to provide interpretive assistance during a nonsubstantive hearing through use of an interpreter who is not a foreign language interpreter, provided the administrative law judge examines the interpreter for competency for the purposes of the nonsubstantive hearing. Requires all persons appointed to provide interpretive assistance in substantive and nonsubstantive hearings to make certain affirmations. Contains provisions concerning waiver of these language assistance provisions.
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1414 1 AN ACT concerning government.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Illinois Administrative Procedure Act is
1818 5 amended by changing Sections 10-10, 10-25, and 10-70 and by
1919 6 adding Section 10-25.1 as follows:
2020 7 (5 ILCS 100/10-10) (from Ch. 127, par. 1010-10)
2121 8 Sec. 10-10. Components of rules. All agency rules
2222 9 establishing procedures for contested cases shall at a minimum
2323 10 comply with the provisions of this Article 10. In addition,
2424 11 agency rules establishing procedures may include, but need not
2525 12 be limited to, the following components: pre-hearing
2626 13 conferences, representation interview or deposition
2727 14 procedures, default procedures, selection of administrative
2828 15 law judges, the form of the final order, the standard of proof
2929 16 used, which agency official makes the final decision,
3030 17 representation of parties, procedures for requesting and
3131 18 receiving language assistance, subpoena request procedures,
3232 19 discovery and protective order procedures, and any review or
3333 20 appeal process within the agency.
3434 21 (Source: P.A. 87-823.)
3535 22 (5 ILCS 100/10-25) (from Ch. 127, par. 1010-25)
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2877 Introduced 1/24/2024, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
4040 5 ILCS 100/10-10 from Ch. 127, par. 1010-105 ILCS 100/10-25 from Ch. 127, par. 1010-255 ILCS 100/10-25.1 new5 ILCS 100/10-70 from Ch. 127, par. 1010-70 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 100/10-70 from Ch. 127, par. 1010-70
4141 5 ILCS 100/10-10 from Ch. 127, par. 1010-10
4242 5 ILCS 100/10-25 from Ch. 127, par. 1010-25
4343 5 ILCS 100/10-25.1 new
4444 5 ILCS 100/10-70 from Ch. 127, par. 1010-70
4545 Amends the Illinois Administrative Procedure Act. Specifies that the notice in contested case hearings must include an enclosure that notifies the recipient of the ability to request interpretive assistance for the hearing and to receive language assistance in translating the contents of the notice. Provides that an administrative law judge has the duty to inquire and determine whether a self-represented litigant or witness in a hearing needs interpretive assistance to participate in or understand the hearing. Authorizes any self-represented litigant, witness, or indigent person to request, at any time during the course of a hearing, interpretive assistance needed to participate in or understand the hearing. Provides that, if interpretive assistance is requested by a self-represented litigant, a witness, or an indigent person or if interpretive assistance is determined to be necessary by the administrative law judge, the administrative agency must appoint a foreign language interpreter at no cost to the person in need of the assistance for use in a substantive hearing. Authorizes an administrative agency to provide interpretive assistance during a nonsubstantive hearing through use of an interpreter who is not a foreign language interpreter, provided the administrative law judge examines the interpreter for competency for the purposes of the nonsubstantive hearing. Requires all persons appointed to provide interpretive assistance in substantive and nonsubstantive hearings to make certain affirmations. Contains provisions concerning waiver of these language assistance provisions.
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5454 5 ILCS 100/10-10 from Ch. 127, par. 1010-10
5555 5 ILCS 100/10-25 from Ch. 127, par. 1010-25
5656 5 ILCS 100/10-25.1 new
5757 5 ILCS 100/10-70 from Ch. 127, par. 1010-70
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7676 1 Sec. 10-25. Contested cases; notice; hearing.
7777 2 (a) In a contested case, all parties shall be afforded an
7878 3 opportunity for a hearing after reasonable notice. The notice
7979 4 shall be served personally, by certified or registered mail,
8080 5 by email as provided by Section 10-75, or as otherwise
8181 6 provided by law upon the parties or their agents appointed to
8282 7 receive service of process and shall include the following:
8383 8 (1) A statement of the time, place, and nature of the
8484 9 hearing.
8585 10 (2) A statement of the legal authority and
8686 11 jurisdiction under which the hearing is to be held.
8787 12 (3) A reference to the particular Sections of the
8888 13 substantive and procedural statutes and rules involved.
8989 14 (4) Except where a more detailed statement is
9090 15 otherwise provided for by law, a short and plain statement
9191 16 of the matters asserted, the consequences of a failure to
9292 17 respond, and the official file or other reference number.
9393 18 (5) To the extent such information is available, the
9494 19 names, phone numbers, email addresses, and mailing
9595 20 addresses of the administrative law judge or designated
9696 21 agency contact, the parties, and all other persons to whom
9797 22 the agency gives notice of the hearing unless otherwise
9898 23 confidential by law.
9999 24 (6) An enclosure written in, at a minimum, English,
100100 25 Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish,
101101 26 Russian, Spanish, Tagalog, Urdu, Ukrainian, and
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112112 1 Vietnamese, which notifies the recipient of the ability to
113113 2 request interpretive assistance for the hearing and to
114114 3 receive language assistance in translating the contents of
115115 4 the notice. A request to receive a written or sight
116116 5 translation of the notice must be made within 7 days of
117117 6 service of the notice.
118118 7 (b) An opportunity shall be afforded all parties to be
119119 8 represented by legal counsel and to respond and present
120120 9 evidence and argument.
121121 10 (c) Unless precluded by law, disposition may be made of
122122 11 any contested case by stipulation, agreed settlement, consent
123123 12 order, or default.
124124 13 (Source: P.A. 100-880, eff. 1-1-19; 101-81, eff. 7-12-19.)
125125 14 (5 ILCS 100/10-25.1 new)
126126 15 Sec. 10-25.1. Language assistance.
127127 16 (a) As used in this Article:
128128 17 "Foreign language interpreter" means a person who is
129129 18 fluent in both English and another language, who listens to a
130130 19 communication in one language and orally converts it into
131131 20 another language while retaining the same meaning, and who
132132 21 either (i) has satisfied the certification requirement set
133133 22 forth in Section 8a.2 of the Personnel Code or (ii) has been
134134 23 contracted with by the State or an agency to provide
135135 24 interpretive assistance in administrative hearings. A foreign
136136 25 language interpreter need not be physically present to provide
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147147 1 interpretive assistance.
148148 2 "Indigent person" has the meaning given in subdivision
149149 3 (a)(2) of Section 5-105 of the Code of Civil Procedure.
150150 4 "Interpretive assistance" means services that involve
151151 5 listening to a communication in one language and orally
152152 6 converting that communication into another language while
153153 7 retaining the same meaning.
154154 8 "Language assistance" means a written translation from a
155155 9 translator or a sight translation or interpretive assistance
156156 10 from a foreign language interpreter.
157157 11 "Nonsubstantive hearing" means a hearing to discuss
158158 12 hearing rules, hearing processes, hearing procedures, and
159159 13 hearing scheduling. A hearing in which a substantive ruling is
160160 14 made is not a nonsubstantive hearing.
161161 15 "Sight translation" means the conversion of written text
162162 16 in one language into another spoken language.
163163 17 "Substantive hearing" means a hearing in which a
164164 18 substantive ruling may be made. "Substantive hearing" includes
165165 19 a prehearing conference or formal hearing in which testimony
166166 20 or evidence is being taken.
167167 21 "Substantive ruling" means a ruling that directly relates
168168 22 to the merits of the case and does not include explanation of
169169 23 hearing rules, hearing processes, hearing procedures, or
170170 24 hearing scheduling.
171171 25 "Translator" means a person who converts written text from
172172 26 one language into written text in another language.
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183183 1 "Written translation" means a conversion of written text
184184 2 from one language into written text in another language.
185185 3 (b) An administrative law judge has the duty to inquire
186186 4 and determine if a self-represented litigant or witness in a
187187 5 hearing needs interpretive assistance to participate in or
188188 6 understand the hearing. The fact that an individual for whom
189189 7 English is a second language knows some English should not
190190 8 prohibit that individual from being allowed to receive
191191 9 interpretive assistance from a foreign language interpreter.
192192 10 The administrative law judge shall examine each individual
193193 11 believed to be in need of interpretive assistance, and the
194194 12 conclusion of the administrative law judge regarding the need
195195 13 for interpretive assistance must be stated in the record.
196196 14 (c) Any self-represented litigant, witness, or indigent
197197 15 person has the right to request interpretive assistance to
198198 16 participate in or understand a hearing at any time during the
199199 17 course of the hearing. An agency may adopt rules for
200200 18 determining whether a person is an indigent person.
201201 19 (d) If interpretive assistance is requested by a
202202 20 self-represented litigant, a witness, or an indigent person or
203203 21 if interpretive assistance is determined to be necessary by
204204 22 the administrative law judge, the agency must appoint a
205205 23 foreign language interpreter at no cost to the person in need
206206 24 of the assistance for use in a substantive hearing. If it
207207 25 appears that interpretive assistance is needed but a foreign
208208 26 language interpreter is not available for the scheduled
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219219 1 substantive hearing, the administrative law judge shall
220220 2 continue or postpone the hearing until appropriate services
221221 3 can be provided. In a substantive hearing, an interpreter who
222222 4 is not a foreign language interpreter should be appointed only
223223 5 if the agency made reasonable efforts to obtain a foreign
224224 6 language interpreter and one is not reasonably available. If
225225 7 the agency appoints an interpreter who is not a foreign
226226 8 language interpreter, the administrative law judge must
227227 9 examine the interpreter to ensure the interpreter is competent
228228 10 to interpret in the hearing, has proficiency in English and
229229 11 the applicable foreign language, and does not present a
230230 12 conflict of interest.
231231 13 (e) An agency may provide interpretive assistance during a
232232 14 nonsubstantive hearing by use of an interpreter who is not a
233233 15 foreign language interpreter, provided the administrative law
234234 16 judge examines the interpreter for competency for the purposes
235235 17 of the nonsubstantive hearing.
236236 18 (f) All persons appointed to provide interpretive
237237 19 assistance in substantive and nonsubstantive hearings must
238238 20 swear or affirm that they:
239239 21 (1) will make a true interpretation in an
240240 22 understandable manner to the person for whom the
241241 23 interpreter has been appointed;
242242 24 (2) will repeat the statements of the person in need
243243 25 of interpretive assistance, in the English language, to
244244 26 the best of the interpreter's ability;
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255255 1 (3) have not had any involvement in the issues of the
256256 2 case before the hearing; and
257257 3 (4) will not disclose privileged or confidential
258258 4 communications to any person.
259259 5 (g) If an appointed interpreter is not accurately
260260 6 interpreting communications, the party or witness in need of
261261 7 interpretive assistance, or that person's attorney or
262262 8 authorized representative, if an authorized representative is
263263 9 permitted under agency rules, may request the appointment of a
264264 10 different interpreter, subject to the approval of the
265265 11 administrative law judge.
266266 12 (h) Nothing in this Section precludes an agency from
267267 13 providing language assistance to a person who is not
268268 14 self-represented or indigent or from establishing rules for
269269 15 those persons to request and receive language assistance,
270270 16 subject to agency discretion.
271271 17 (5 ILCS 100/10-70) (from Ch. 127, par. 1010-70)
272272 18 Sec. 10-70. Waiver.
273273 19 (a) Compliance with any or all of the provisions of this
274274 20 Act concerning contested cases may be waived by written
275275 21 stipulation of all parties.
276276 22 (b) To waive any of the provisions relating to language
277277 23 assistance under Sections 10-25 and 10-25.1, the parties must
278278 24 provide a signed written stipulation in both English and the
279279 25 preferred language of the party in need of language
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