Bill Text: IL HB0005 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the State Employment Records Act; the Business Enterprise for Minorities, Females, and Persons with Disabilities Act; the State Construction Minority and Female Building Trades Act; the Dental Student Grant Act; the Diversifying Higher Education Faculty in Illinois Act; and the Higher Education Student Assistance Act. Redefines the terms "minority", "minority person", "under-represented minority", and "racial minority" in the affected Acts to include all persons of Middle Eastern origin. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0005 Detail]

Download: Illinois-2013-HB0005-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB0005 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
5 ILCS 410/10
30 ILCS 575/2
30 ILCS 577/35-5
110 ILCS 925/3.07 from Ch. 144, par. 1503.07
110 ILCS 930/2 from Ch. 144, par. 2302
110 ILCS 947/65.30
Amends the State Employment Records Act; the Business Enterprise for Minorities, Females, and Persons with Disabilities Act; the State Construction Minority and Female Building Trades Act; the Dental Student Grant Act; the Diversifying Higher Education Faculty in Illinois Act; and the Higher Education Student Assistance Act. Redefines the terms "minority", "minority person", "under-represented minority", and "racial minority" in the affected Acts to include all persons of Middle Eastern origin. Effective immediately.
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A BILL FOR
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AN ACT concerning persons who are racial minorities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Employment Records Act is amended by
changing Section 10 as follows:
(5 ILCS 410/10)
Sec. 10. Definitions. As used in this Act:
(a) "Agency work force" means those persons employed by a
State agency who are part of the State work force.
(b) "Contractual services employee" means a person
employed by the State, or a State supported institution of
higher education, under a written contract and paid by a State
system CO-2 voucher (or its administrative equivalent) whose
daily duties and responsibilities are directly or indirectly
supervised or managed by a person paid by a payroll warrant (or
its administrative equivalent) funded by State funds or pass
through funds.
(c) "Agency" or "State agency" means those entities
included in the definition of "State agencies" in the Illinois
State Auditing Act.
(d) "Minority" means a person who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South

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America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(6) Middle Eastern (a person having origins in any of
the original peoples of the Middle East, including, but not
limited to, Bahrain, Cyprus, Egypt, Iran, Iraq, Iraqi
Kurdistan, Israel, Jordan, Kuwait, Lebanon, Northern
Cyprus, Oman, the Palestinian territories, Qatar, Saudi
Arabia, Syria, the United Arab Emirates, and Yemen).
(e) "Professional employee" means a person employed to
perform employment duties requiring academic training,
evidenced by a graduate or advanced degree from an accredited

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institution of higher education, and who, in the performance of
those employment duties, may only engage in active practice of
the academic training received when licensed or certified by
the State of Illinois.
(f) "State employee" means any person employed within the
State work force.
(g) "State work force" means all persons employed by the
State of Illinois as evidenced by:
(1) the total number of all payroll warrants (or their
administrative equivalent) issued by the Comptroller to
pay:
(i) persons subject to the Personnel Code; and
(ii) for the sole purpose of providing accurate
statistical information, all persons exempt from the
Personnel Code; and
(2) the total number of payroll warrants (or their
administrative equivalent) funded by State appropriation
which are issued by educational institutions governed by
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Governors of State Colleges and Universities, and
the Board of Regents; and
(3) the total number of contractual payroll system CO-2
vouchers (or their administrative equivalent) funded by
State revenues and issued by:
(i) the State Comptroller; and

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(ii) the issuing agents of the educational
institutions listed in subdivision (2) of this
subsection (g).
"State work force" does not, however, include persons holding
elective State office.
(Source: P.A. 97-396, eff. 1-1-12.)
Section 10. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Section 2 as follows:
(30 ILCS 575/2)
(Section scheduled to be repealed on June 30, 2016)
Sec. 2. Definitions.
(A) For the purpose of this Act, the following terms shall
have the following definitions:
(1) "Minority person" shall mean a person who is a
citizen or lawful permanent resident of the United States
and who is any of the following:
(a) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited

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to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(c) Black or African American (a person having
origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(f) Middle Eastern (a person having origins in any
of the original peoples of the Middle East, including,
but not limited to, Bahrain, Cyprus, Egypt, Iran, Iraq,
Iraqi Kurdistan, Israel, Jordan, Kuwait, Lebanon,
Northern Cyprus, Oman, the Palestinian territories,
Qatar, Saudi Arabia, Syria, the United Arab Emirates,
and Yemen).
(2) "Female" shall mean a person who is a citizen or
lawful permanent resident of the United States and who is
of the female gender.
(2.05) "Person with a disability" means a person who is
a citizen or lawful resident of the United States and is a
person qualifying as being disabled under subdivision

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(2.1) of this subsection (A).
(2.1) "Disabled" means a severe physical or mental
disability that:
(a) results from:
amputation,
arthritis,
autism,
blindness,
burn injury,
cancer,
cerebral palsy,
Crohn's disease,
cystic fibrosis,
deafness,
head injury,
heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
an intellectual disability,
mental illness,
multiple sclerosis,
muscular dystrophy,
musculoskeletal disorders,
neurological disorders, including stroke and
epilepsy,

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paraplegia,
quadriplegia and other spinal cord conditions,
sickle cell anemia,
ulcerative colitis,
specific learning disabilities, or
end stage renal failure disease; and
(b) substantially limits one or more of the
person's major life activities.
Another disability or combination of disabilities may
also be considered as a severe disability for the purposes
of item (a) of this subdivision (2.1) if it is determined
by an evaluation of rehabilitation potential to cause a
comparable degree of substantial functional limitation
similar to the specific list of disabilities listed in item
(a) of this subdivision (2.1).
(3) "Minority owned business" means a business concern
which is at least 51% owned by one or more minority
persons, or in the case of a corporation, at least 51% of
the stock in which is owned by one or more minority
persons; and the management and daily business operations
of which are controlled by one or more of the minority
individuals who own it.
(4) "Female owned business" means a business concern
which is at least 51% owned by one or more females, or, in
the case of a corporation, at least 51% of the stock in
which is owned by one or more females; and the management

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and daily business operations of which are controlled by
one or more of the females who own it.
(4.1) "Business owned by a person with a disability"
means a business concern that is at least 51% owned by one
or more persons with a disability and the management and
daily business operations of which are controlled by one or
more of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".
(4.2) "Council" means the Business Enterprise Council
for Minorities, Females, and Persons with Disabilities
created under Section 5 of this Act.
(5) "State contracts" shall mean all State contracts,
funded exclusively with State funds which are not subject
to federal reimbursement, whether competitively bid or
negotiated as defined by the Secretary of the Council and
approved by the Council.
"State construction contracts" means all State
contracts entered into by a State agency or State
university for the repair, remodeling, renovation or
construction of a building or structure, or for the
construction or maintenance of a highway defined in Article
2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments,

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officers, boards, commissions, institutions and bodies
politic and corporate of the State, but does not include
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Trustees of Chicago State University, the Board of
Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of
Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State
constitutional officers.
(7) "State universities" shall mean the Board of
Trustees of the University of Illinois, the Board of
Trustees of Southern Illinois University, the Board of
Trustees of Chicago State University, the Board of Trustees
of Eastern Illinois University, the Board of Trustees of
Governors State University, the Board of Trustees of
Illinois State University, the Board of Trustees of
Northeastern Illinois University, the Board of Trustees of
Northern Illinois University, and the Board of Trustees of
Western Illinois University.
(8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to
make certifications, or by a State agency with statutory

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authority to make such a certification, that a business
entity is a business owned by a minority, female, or person
with a disability for whatever purpose. A business owned
and controlled by females shall select and designate
whether such business is to be certified as a "Female-owned
business" or "Minority-owned business" if the females are
also minorities.
(9) "Control" means the exclusive or ultimate and sole
control of the business including, but not limited to,
capital investment and all other financial matters,
property, acquisitions, contract negotiations, legal
matters, officer-director-employee selection and
comprehensive hiring, operating responsibilities,
cost-control matters, income and dividend matters,
financial transactions and rights of other shareholders or
joint partners. Control shall be real, substantial and
continuing, not pro forma. Control shall include the power
to direct or cause the direction of the management and
policies of the business and to make the day-to-day as well
as major decisions in matters of policy, management and
operations. Control shall be exemplified by possessing the
requisite knowledge and expertise to run the particular
business and control shall not include simple majority or
absentee ownership.
(10) "Business concern or business" means a business
that has annual gross sales of less than $75,000,000 as

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evidenced by the federal income tax return of the business.
A firm with gross sales in excess of this cap may apply to
the Council for certification for a particular contract if
the firm can demonstrate that the contract would have
significant impact on businesses owned by minorities,
females, or persons with disabilities as suppliers or
subcontractors or in employment of minorities, females, or
persons with disabilities.
(B) When a business concern is owned at least 51% by any
combination of minority persons, females, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes of
this Act is considered to be met. The certification category
for the business is that of the class holding the largest
ownership interest in the business. If 2 or more classes have
equal ownership interests, the certification category shall be
determined by the business concern.
(Source: P.A. 96-453, eff. 8-14-09; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for effective date of changes made by
P.A. 96-795); 96-1000, eff. 7-2-10; 97-227, eff. 1-1-12;
97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
Section 15. The State Construction Minority and Female
Building Trades Act is amended by changing Section 35-5 as
follows:

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(30 ILCS 577/35-5)
Sec. 35-5. Definitions. For the purposes of this Article:
"Under-represented minority" means a person who is any of
the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(6) Middle Eastern (a person having origins in any of
the original peoples of the Middle East, including, but not
limited to, Bahrain, Cyprus, Egypt, Iran, Iraq, Iraqi

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Kurdistan, Israel, Jordan, Kuwait, Lebanon, Northern
Cyprus, Oman, the Palestinian territories, Qatar, Saudi
Arabia, Syria, the United Arab Emirates, and Yemen).
"Construction" means any constructing, altering,
reconstructing, repairing, rehabilitating, refinishing,
refurbishing, remodeling, remediating, renovating, custom
fabricating, maintenance, landscaping, improving, wrecking,
painting, decorating, demolishing, and adding to or
subtracting from any building, structure, highway, roadway,
street, bridge, alley, sewer, ditch, sewage disposal plant,
water works, parking facility, railroad, excavation or other
structure, project, development, real property or improvement,
or to do any part thereof, whether or not the performance of
the work herein described involves the addition to, or
fabrication into, any structure, project, development, real
property or improvement herein described of any material or
article of merchandise. Construction shall also include moving
construction related materials on the job site to or from the
job site.
(Source: P.A. 96-37, eff. 7-13-09; 97-396, eff. 1-1-12.)
Section 20. The Dental Student Grant Act is amended by
changing Section 3.07 as follows:
(110 ILCS 925/3.07) (from Ch. 144, par. 1503.07)
Sec. 3.07. "Racial minority" means a person who is any of

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the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(6) Middle Eastern (a person having origins in any of
the original peoples of the Middle East, including, but not
limited to, Bahrain, Cyprus, Egypt, Iran, Iraq, Iraqi
Kurdistan, Israel, Jordan, Kuwait, Lebanon, Northern
Cyprus, Oman, the Palestinian territories, Qatar, Saudi
Arabia, Syria, the United Arab Emirates, and Yemen).

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(Source: P.A. 97-396, eff. 1-1-12.)
Section 25. The Diversifying Higher Education Faculty in
Illinois Act is amended by changing Section 2 as follows:
(110 ILCS 930/2) (from Ch. 144, par. 2302)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Board of Higher Education.
"DFI" means the Diversifying Higher Education Faculty in
Illinois Program of financial assistance to minorities who are
traditionally underrepresented as participants in
postsecondary education. The program shall assist them in
pursuing a graduate or professional degree and shall also
assist program graduates to find employment at an Illinois
institution of higher education, including a community
college, in a faculty or staff position.
"Program Board" means the entity created to administer the
grant program authorized by this Act.
"Qualified institution of higher education" means a
qualifying publicly or privately operated educational
institution located within Illinois (i) that offers
instruction leading toward or prerequisite to an academic or
professional degree beyond the baccalaureate degree, excluding
theological schools, and (ii) that is authorized to operate in
the State of Illinois.

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"Racial minority" means a person who is a citizen of the
United States or a lawful permanent resident alien of the
United States and who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(6) Middle Eastern (a person having origins in any of
the original peoples of the Middle East, including, but not
limited to, Bahrain, Cyprus, Egypt, Iran, Iraq, Iraqi
Kurdistan, Israel, Jordan, Kuwait, Lebanon, Northern

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Cyprus, Oman, the Palestinian territories, Qatar, Saudi
Arabia, Syria, the United Arab Emirates, and Yemen).
(Source: P.A. 97-396, eff. 1-1-12.)
Section 30. The Higher Education Student Assistance Act is
amended by changing Section 65.30 as follows:
(110 ILCS 947/65.30)
Sec. 65.30. Equal opportunity scholarships.
(a) The Commission may annually award a number of
scholarships to students who are interested in pursuing studies
in educational administration. Such scholarships shall be
issued to students who make application to the Commission and
who agree to take courses at qualified institutions of higher
learning that will allow them to complete a degree in
educational administration.
(b) Scholarships awarded under this Section shall be issued
pursuant to regulations promulgated by the Commission;
provided that no rule or regulation promulgated by the State
Board of Education prior to the effective date of this
amendatory Act of 1993 pursuant to the exercise of any right,
power, duty, responsibility or matter of pending business
transferred from the State Board of Education to the Commission
under this Section shall be affected thereby, and all such
rules and regulations shall become the rules and regulations of
the Commission until modified or changed by the Commission in

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accordance with law.
(c) Such scholarships shall be utilized for the payment of
tuition and non-revenue bond fees at any qualified institution
of higher learning. Such tuition and fees shall only be
available for courses that will enable the student to complete
training in educational administration. The Commission shall
determine which courses are eligible for tuition payments under
this Section.
(d) The Commission may make tuition payments directly to
the qualified institution of higher learning which the student
attends for the courses prescribed or may make payments to the
student. Any student who receives payments and who fails to
enroll in the courses prescribed shall refund the payments to
the Commission.
(e) The Commission, with the cooperation of the State Board
of Education, shall assist students who have participated in
the scholarship program established by this Section in finding
employment in positions relating to educational
administration.
(f) Appropriations for the scholarships outlined in this
Section shall be made to the Commission from funds appropriated
by the General Assembly.
(g) This Section is substantially the same as Section 30-4d
of the School Code, which Section is repealed by this
amendatory Act of 1993, and shall be construed as a
continuation of the equal opportunity scholarship program

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established under that prior law, and not as a new or different
equal opportunity scholarship program. The State Board of
Education shall transfer to the Commission, as the successor to
the State Board of Education for all purposes of administering
and implementing the provisions of this Section, all books,
accounts, records, papers, documents, contracts, agreements,
and pending business in any way relating to the equal
opportunity scholarship program continued under this Section;
and all scholarships at any time awarded under that program by,
and all applications for any such scholarship at any time made
to, the State Board of Education shall be unaffected by the
transfer to the Commission of all responsibility for the
administration and implementation of the equal opportunity
scholarship program continued under this Section. The State
Board of Education shall furnish to the Commission such other
information as the Commission may request to assist it in
administering this Section.
(h) For purposes of this Section:
(1) "Qualified institution of higher learning" means
the University of Illinois; Southern Illinois University;
Chicago State University; Eastern Illinois University;
Governors State University; Illinois State University;
Northeastern Illinois University; Northern Illinois
University; Western Illinois University; the public
community colleges of the State; any other public
universities, colleges and community colleges now or

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hereafter established or authorized by the General
Assembly; and any Illinois privately operated, not for
profit institution located in this State which provides at
least an organized 2-year program of collegiate grade in
liberal arts or sciences, or both, directly applicable
toward the attainment of a baccalaureate or graduate
degree.
(2) "Racial minority" means a person who is any of the
following:
(1) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(3) Black or African American (a person having
origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).

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(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(6) Middle Eastern (a person having origins in any
of the original peoples of the Middle East, including,
but not limited to, Bahrain, Cyprus, Egypt, Iran, Iraq,
Iraqi Kurdistan, Israel, Jordan, Kuwait, Lebanon,
Northern Cyprus, Oman, the Palestinian territories,
Qatar, Saudi Arabia, Syria, the United Arab Emirates,
and Yemen).
(3) "Student" means a woman or racial minority.
(Source: P.A. 97-396, eff. 1-1-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.