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| Public Act 103-0414
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| HB3768 Enrolled | LRB103 31015 DTM 57630 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Uniform Racial Classification Act is |
amended by changing Section 5 as follows:
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(20 ILCS 50/5)
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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 |
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 |
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departments, boards, commissions, and authorities under the |
Governor.
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(Source: P.A. 98-982, eff. 8-18-14.)
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Section 10. The Data Governance and Organization to |
Support Equity and Racial Justice Act is amended by changing |
Section 20-15 as follows:
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(20 ILCS 65/20-15)
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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 |
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. |
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(6) White alone. |
(7) Middle Eastern or North African. |
(8) (7) Some other race alone. |
(9) (8) Two or more races.
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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 |
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. |
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(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 |
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 |
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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.
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(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21; |
revised 2-4-23.)
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