Rep. Abdelnasser Rashid
Filed: 3/22/2023
 
 


 




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1
AMENDMENT TO HOUSE BILL 3768




2 AMENDMENT NO. ______. Amend House Bill 3768, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Uniform Racial Classification Act is 
6amended by changing Section 5 as follows:

7 (20 ILCS 50/5)

8 Sec. 5. Uniform racial classification. 
9 (a) Notwithstanding any other provision of law, except as 
10otherwise required by federal law or regulation, whenever a 
11State agency is required by law to compile or report 
12statistical data using racial or ethnic classifications, that 
13State agency shall use the following classifications: (i) 
14White; (ii) Black or African American; (iii) American Indian 
15or Alaska Native; (iv) Asian; (v) Native Hawaiian or Other 
16Pacific Islander; or (vi) Hispanic or Latino ; or (vii) Middle 
 
 
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1Eastern or North
African.
2 (b) A State agency is not required to use the 
3classification added to this Section by this amendatory Act of 
4the 103rd General Assembly for reporting workforce or hiring 
5data until after July 1, 2025. 
6 (c) For the purposes of this Act, "State agency" means the 
7offices of the constitutional officers identified in Article V 
8of the Illinois Constitution, executive agencies, and 
9departments, boards, commissions, and authorities under the 
10Governor.

11(Source: P.A. 98-982, eff. 8-18-14.)

12 Section 10. The Data Governance and Organization to 
13Support Equity and Racial Justice Act is amended by changing 
14Section 20-15 as follows:

15 (20 ILCS 65/20-15)

16 Sec. 20-15. Data Governance and Organization to Support 
17Equity and Racial Justice. 
18 (a) On or before July 1, 2022 and each July 1 thereafter, 
19the Board and the Department shall report statistical data on 
20the racial, ethnic, age, sex, disability status, sexual 
21orientation, gender identity, and primary or preferred 
22language demographics of program participants for each major 
23program administered by the Board or the Department. Except as 
24provided in subsection (b), when reporting the data required 
 
 
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1under this Section, the Board or the Department shall use the 
2same racial and ethnic classifications for each program, which 
3shall include, but not be limited to, the following:
4  (1) American Indian and Alaska Native alone.
5  (2) Asian alone.
6  (3) Black or African American alone.
7  (4) Hispanic or Latino of any race.
8  (5) Native Hawaiian and Other Pacific Islander alone.
9  (6) White alone.
10  (7) Middle Eastern or North African. 
11  (8) (7) Some other race alone.
12  (9) (8) Two or more races.

13 The Board and the Department may further define, by rule, 
14the racial and ethnic classifications, including, if 
15necessary, a classification of "No Race Specified".
16 (b) (c) If a program administered by the Board or the 
17Department is subject to federal reporting requirements that 
18include the collection and public reporting of statistical 
19data on the racial and ethnic demographics of program 
20participants, the Department may maintain the same racial and 
21ethnic classifications used under the federal requirements if 
22such classifications differ from the classifications listed in 
23subsection (a).
24 (c) (d) The Department of Innovation and Technology shall 
25assist the Board and the Department by establishing common 
26technological processes and procedures for the Board and the 
 
 
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1Department to:
2  (1) Catalog data.
3  (2) Identify similar fields in datasets.
4  (3) Manage data requests.
5  (4) Share data.
6  (5) Collect data.
7  (6) Improve and clean data. 
8  (7) Match data across the Board and Departments.
9  (8) Develop research and analytic agendas.
10  (9) Report on program participation disaggregated by 
11 race and ethnicity.
12  (10) Evaluate equitable outcomes for underserved 
13 populations in Illinois.
14  (11) Define common roles for data management.
15  (12) Ensure that all major programs can report 
16 disaggregated data by race, ethnicity, age, sex, 
17 disability status, sexual orientation, and gender 
18 identity, and primary or preferred language.
19 The Board and the Department shall use the common 
20technological processes and procedures established by the 
21Department of Innovation and Technology.
22 (d) (e) If the Board or the Department is unable to begin 
23reporting the data required by subsection (a) by July 1, 2022, 
24the Board or the Department shall state the reasons for the 
25delay under the reporting requirements.
26 (e) (f) By no later than March 31, 2022, the Board and the 
 
 
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1Department shall provide a progress report to the General 
2Assembly to disclose: (i) the programs and datasets that have 
3been cataloged for which race, ethnicity, age, sex, disability 
4status, sexual orientation, gender identity, and primary or 
5preferred language have been standardized; and (ii) to the 
6extent possible, the datasets and programs that are 
7outstanding for each agency and the datasets that are planned 
8for the upcoming year. On or before March 31, 2023, and each 
9year thereafter, the Board and the Department Departments 
10shall provide an updated report to the General Assembly.
11 (f) (g) By no later than October 31, 2021, the Governor's 
12Office shall provide a plan to establish processes for input 
13from the Board and the Department into processes outlined in 
14subsection (c) (b). The plan shall incorporate ongoing efforts 
15at data interoperability within the Department and the 
16governance established to support the P-20 Longitudinal 
17Education Data System enacted by Public Act 96-107.
18 (g) (h) Nothing in this Section shall be construed to 
19limit the rights granted to individuals or data sharing 
20protections established under existing State and federal data 
21privacy and security laws.

22(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21; 
23revised 2-4-23.)".