Bill Amendment: IL HB3768 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: UNIFORM RACIAL CLASSIFICATION

Status: 2023-08-04 - Public Act . . . . . . . . . 103-0414 [HB3768 Detail]

Download: Illinois-2023-HB3768-Senate_Amendment_001.html

---

Sen. Ram Villivalam

Filed: 4/19/2023

10300HB3768sam001 LRB103 31015 DTM 60713 a
AMENDMENT TO HOUSE BILL 3768
AMENDMENT NO. ______. Amend House Bill 3768, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Uniform Racial Classification Act is
amended by changing Section 5 as follows:
(20 ILCS 50/5)
Sec. 5. Uniform racial classification.
(a) Notwithstanding any other provision of law, except as
otherwise required by federal law or regulation, whenever a
State agency is required by law to compile or report
statistical data using racial or ethnic classifications, that
State agency shall use the following classifications: (i)
White; (ii) Black or African American; (iii) American Indian
or Alaska Native; (iv) Asian; (v) Native Hawaiian or Other
Pacific Islander; or (vi) Hispanic or Latino ; or (vii) Middle

10300HB3768sam001 - 2 - LRB103 31015 DTM 60713 a
Eastern or North African.
(b) A State agency is not required to use the
classification added to this Section by this amendatory Act of
the 103rd General Assembly for reporting workforce or hiring
data until after July 1, 2025.
(c) For the purposes of this Act, "State agency" means the
offices of the constitutional officers identified in Article V
of the Illinois Constitution, executive agencies, and
departments, boards, commissions, and authorities under the
Governor.
(Source: P.A. 98-982, eff. 8-18-14.)
Section 10. The Data Governance and Organization to
Support Equity and Racial Justice Act is amended by changing
Section 20-15 as follows:
(20 ILCS 65/20-15)
Sec. 20-15. Data Governance and Organization to Support
Equity and Racial Justice.
(a) On or before July 1, 2022 and each July 1 thereafter,
the Board and the Department shall report statistical data on
the racial, ethnic, age, sex, disability status, sexual
orientation, gender identity, and primary or preferred
language demographics of program participants for each major
program administered by the Board or the Department. Except as
provided in subsection (b), when reporting the data required

10300HB3768sam001 - 3 - LRB103 31015 DTM 60713 a
under this Section, the Board or the Department shall use the
same racial and ethnic classifications for each program, which
shall include, but not be limited to, the following:
(1) American Indian and Alaska Native alone.
(2) Asian alone.
(3) Black or African American alone.
(4) Hispanic or Latino of any race.
(5) Native Hawaiian and Other Pacific Islander alone.
(6) White alone.
(7) Middle Eastern or North African.
(8) (7) Some other race alone.
(9) (8) Two or more races.
The Board and the Department may further define, by rule,
the racial and ethnic classifications, including, if
necessary, a classification of "No Race Specified".
(b) (c) If a program administered by the Board or the
Department is subject to federal reporting requirements that
include the collection and public reporting of statistical
data on the racial and ethnic demographics of program
participants, the Department may maintain the same racial and
ethnic classifications used under the federal requirements if
such classifications differ from the classifications listed in
subsection (a).
(c) (d) The Department of Innovation and Technology shall
assist the Board and the Department by establishing common
technological processes and procedures for the Board and the

10300HB3768sam001 - 4 - LRB103 31015 DTM 60713 a
Department to:
(1) Catalog data.
(2) Identify similar fields in datasets.
(3) Manage data requests.
(4) Share data.
(5) Collect data.
(6) Improve and clean data.
(7) Match data across the Board and Departments.
(8) Develop research and analytic agendas.
(9) Report on program participation disaggregated by
race and ethnicity.
(10) Evaluate equitable outcomes for underserved
populations in Illinois.
(11) Define common roles for data management.
(12) Ensure that all major programs can report
disaggregated data by race, ethnicity, age, sex,
disability status, sexual orientation, and gender
identity, and primary or preferred language.
The Board and the Department shall use the common
technological processes and procedures established by the
Department of Innovation and Technology.
(d) (e) If the Board or the Department is unable to begin
reporting the data required by subsection (a) by July 1, 2022,
the Board or the Department shall state the reasons for the
delay under the reporting requirements.
(e) (f) By no later than March 31, 2022, the Board and the

10300HB3768sam001 - 5 - LRB103 31015 DTM 60713 a
Department shall provide a progress report to the General
Assembly to disclose: (i) the programs and datasets that have
been cataloged for which race, ethnicity, age, sex, disability
status, sexual orientation, gender identity, and primary or
preferred language have been standardized; and (ii) to the
extent possible, the datasets and programs that are
outstanding for each agency and the datasets that are planned
for the upcoming year. On or before March 31, 2023, and each
year thereafter, the Board and the Department Departments
shall provide an updated report to the General Assembly.
(f) (g) By no later than October 31, 2021, the Governor's
Office shall provide a plan to establish processes for input
from the Board and the Department into processes outlined in
subsection (c) (b). The plan shall incorporate ongoing efforts
at data interoperability within the Department and the
governance established to support the P-20 Longitudinal
Education Data System enacted by Public Act 96-107.
(g) (h) Nothing in this Section shall be construed to
limit the rights granted to individuals or data sharing
protections established under existing State and federal data
privacy and security laws.
(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21;
revised 2-4-23.)".