100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2381

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 410/10
5 ILCS 410/15
20 ILCS 50/5
20 ILCS 105/3.10
20 ILCS 2310/2310-215  was 20 ILCS 2310/55.62
20 ILCS 2630/4.5
30 ILCS 575/2
30 ILCS 577/35-5
30 ILCS 785/5
70 ILCS 210/23.1  from Ch. 85, par. 1243.1
105 ILCS 5/27-20  from Ch. 122, par. 27-20
105 ILCS 5/34-18  from Ch. 122, par. 34-18
110 ILCS 205/9.16  from Ch. 144, par. 189.16
110 ILCS 925/3.07  from Ch. 144, par. 1503.07
110 ILCS 930/2  from Ch. 144, par. 2302
110 ILCS 947/50
110 ILCS 947/65.30
215 ILCS 5/500-50
625 ILCS 5/11-212
720 ILCS 5/17-10.2  was 720 ILCS 5/17-29
775 ILCS 5/2-105  from Ch. 68, par. 2-105

    Amends various Acts by changing the term "American Indian" to "Native American" and deleting the term "Negro".


LRB100 04698 JWD 14704 b

 

 

A BILL FOR

 

HB2381LRB100 04698 JWD 14704 b

1    AN ACT concerning certain racial terms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Employment Records Act is amended by
5changing Sections 10 and 15 as follows:
 
6    (5 ILCS 410/10)
7    Sec. 10. Definitions. As used in this Act:
8    (a) "Agency work force" means those persons employed by a
9State agency who are part of the State work force.
10    (b) "Contractual services employee" means a person
11employed by the State, or a State supported institution of
12higher education, under a written contract and paid by a State
13system CO-2 voucher (or its administrative equivalent) whose
14daily duties and responsibilities are directly or indirectly
15supervised or managed by a person paid by a payroll warrant (or
16its administrative equivalent) funded by State funds or pass
17through funds.
18    (c) "Agency" or "State agency" means those entities
19included in the definition of "State agencies" in the Illinois
20State Auditing Act.
21    (d) "Minority" means a person who is any of the following:
22        (1) Native American American Indian or Alaska Native (a
23    person having origins in any of the original peoples of

 

 

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1    North and South America, including Central America, and who
2    maintains tribal affiliation or community attachment).
3        (2) Asian (a person having origins in any of the
4    original peoples of the Far East, Southeast Asia, or the
5    Indian subcontinent, including, but not limited to,
6    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
7    the Philippine Islands, Thailand, and Vietnam).
8        (3) Black or African American (a person having origins
9    in any of the black racial groups of Africa). Terms such as
10    "Haitian" or "Negro" can be used in addition to "Black or
11    African American".
12        (4) Hispanic or Latino (a person of Cuban, Mexican,
13    Puerto Rican, South or Central American, or other Spanish
14    culture or origin, regardless of race).
15        (5) Native Hawaiian or Other Pacific Islander (a person
16    having origins in any of the original peoples of Hawaii,
17    Guam, Samoa, or other Pacific Islands).
18    (e) "Professional employee" means a person employed to
19perform employment duties requiring academic training,
20evidenced by a graduate or advanced degree from an accredited
21institution of higher education, and who, in the performance of
22those employment duties, may only engage in active practice of
23the academic training received when licensed or certified by
24the State of Illinois.
25    (f) "State employee" means any person employed within the
26State work force.

 

 

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1    (g) "State work force" means all persons employed by the
2State of Illinois as evidenced by:
3        (1) the total number of all payroll warrants (or their
4    administrative equivalent) issued by the Comptroller to
5    pay:
6            (i) persons subject to the Personnel Code; and
7            (ii) for the sole purpose of providing accurate
8        statistical information, all persons exempt from the
9        Personnel Code; and
10        (2) the total number of payroll warrants (or their
11    administrative equivalent) funded by State appropriation
12    which are issued by educational institutions governed by
13    the Board of Trustees of the University of Illinois, the
14    Board of Trustees of Southern Illinois University, the
15    Board of Governors of State Colleges and Universities, and
16    the Board of Regents; and
17        (3) the total number of contractual payroll system CO-2
18    vouchers (or their administrative equivalent) funded by
19    State revenues and issued by:
20            (i) the State Comptroller; and
21            (ii) the issuing agents of the educational
22        institutions listed in subdivision (2) of this
23        subsection (g).
24"State work force" does not, however, include persons holding
25elective State office.
26(Source: P.A. 97-396, eff. 1-1-12.)
 

 

 

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1    (5 ILCS 410/15)
2    Sec. 15. Reported information.
3    (a) State agencies shall, if necessary, consult with the
4Office of the Comptroller and the Governor's Office of
5Management and Budget to confirm the accuracy of information
6required by this Act. State agencies shall collect and maintain
7information and publish reports including but not limited to
8the following information arranged in the indicated
9categories:
10        (i) the total number of persons employed by the agency
11    who are part of the State work force, as defined by this
12    Act, and the number and statistical percentage of women,
13    minorities, and persons with physical disabilities
14    employed within the agency work force;
15        (ii) the total number of persons employed within the
16    agency work force receiving levels of State remuneration
17    within incremental levels of $10,000, and the number and
18    statistical percentage of minorities, women, and persons
19    with physical disabilities in the agency work force
20    receiving levels of State remuneration within incremented
21    levels of $10,000;
22        (iii) the number of open positions of employment or
23    advancement in the agency work force, reported on a fiscal
24    year basis;
25        (iv) the number and percentage of open positions of

 

 

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1    employment or advancement in the agency work force filled
2    by minorities, women, and persons with physical
3    disabilities, reported on a fiscal year basis;
4        (v) the total number of persons employed within the
5    agency work force as professionals, and the number and
6    percentage of minorities, women, and persons with physical
7    disabilities employed within the agency work force as
8    professional employees; and
9        (vi) the total number of persons employed within the
10    agency work force as contractual service employees, and the
11    number and percentage of minorities, women, and persons
12    with physical disabilities employed within the agency work
13    force as contractual services employees.
14    (b) The numbers and percentages of minorities required to
15be reported by this Section shall be identified by the
16following categories:
17        (1) Native American American Indian or Alaska Native (a
18    person having origins in any of the original peoples of
19    North and South America, including Central America, and who
20    maintains tribal affiliation or community attachment).
21        (2) Asian (a person having origins in any of the
22    original peoples of the Far East, Southeast Asia, or the
23    Indian subcontinent, including, but not limited to,
24    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
25    the Philippine Islands, Thailand, and Vietnam).
26        (3) Black or African American (a person having origins

 

 

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1    in any of the black racial groups of Africa). Terms such as
2    "Haitian" or "Negro" can be used in addition to "Black or
3    African American".
4        (4) Hispanic or Latino (a person of Cuban, Mexican,
5    Puerto Rican, South or Central American, or other Spanish
6    culture or origin, regardless of race).
7        (5) Native Hawaiian or Other Pacific Islander (a person
8    having origins in any of the original peoples of Hawaii,
9    Guam, Samoa, or other Pacific Islands).
10    Data concerning women shall be reported on a minority and
11nonminority basis. The numbers and percentages of persons with
12physical disabilities required to be reported under this
13Section shall be identified by categories as male and female.
14    (c) To accomplish consistent and uniform classification
15and collection of information from each State agency, and to
16ensure full compliance and that all required information is
17provided, the Index Department of the Office of the Secretary
18of State, in consultation with the Department of Human Rights,
19the Department of Central Management Services, and the Office
20of the Comptroller, shall develop appropriate forms to be used
21by all State agencies subject to the reporting requirements of
22this Act.
23    All State agencies shall make the reports required by this
24Act using the forms developed under this subsection. The
25reports must be certified and signed by an official of the
26agency who is responsible for the information provided.

 

 

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1(Source: P.A. 99-143, eff. 7-27-15.)
 
2    Section 10. The Uniform Racial Classification Act is
3amended by changing Section 5 as follows:
 
4    (20 ILCS 50/5)
5    Sec. 5. Uniform racial classification. Notwithstanding any
6other provision of law, except as otherwise required by federal
7law or regulation, whenever a State agency is required by law
8to compile or report statistical data using racial or ethnic
9classifications, that State agency shall use the following
10classifications: (i) White; (ii) Black or African American;
11(iii) Native American American Indian or Alaska Native; (iv)
12Asian; (v) Native Hawaiian or Other Pacific Islander; or (vi)
13Hispanic or Latino.
14    For the purposes of this Act, "State agency" means the
15offices of the constitutional officers identified in Article V
16of the Illinois Constitution, executive agencies, and
17departments, boards, commissions, and authorities under the
18Governor.
19(Source: P.A. 98-982, eff. 8-18-14.)
 
20    Section 15. The Illinois Act on the Aging is amended by
21changing Section 3.10 as follows:
 
22    (20 ILCS 105/3.10)

 

 

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1    Sec. 3.10. "Minority senior citizen" means any person 55
2years of age or older for whom opportunities for employment and
3participation in community life are unavailable or severely
4limited and who is any of the following:
5        (1) Native American American Indian or Alaska Native (a
6    person having origins in any of the original peoples of
7    North and South America, including Central America, and who
8    maintains tribal affiliation or community attachment).
9        (2) Asian (a person having origins in any of the
10    original peoples of the Far East, Southeast Asia, or the
11    Indian subcontinent, including, but not limited to,
12    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
13    the Philippine Islands, Thailand, and Vietnam).
14        (3) Black or African American (a person having origins
15    in any of the black racial groups of Africa). Terms such as
16    "Haitian" or "Negro" can be used in addition to "Black or
17    African American".
18        (4) Hispanic or Latino (a person of Cuban, Mexican,
19    Puerto Rican, South or Central American, or other Spanish
20    culture or origin, regardless of race).
21        (5) Native Hawaiian or Other Pacific Islander (a person
22    having origins in any of the original peoples of Hawaii,
23    Guam, Samoa, or other Pacific Islands).
24(Source: P.A. 97-396, eff. 1-1-12.)
 
25    Section 20. The Department of Public Health Powers and

 

 

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1Duties Law of the Civil Administrative Code of Illinois is
2amended by changing Section 2310-215 as follows:
 
3    (20 ILCS 2310/2310-215)  (was 20 ILCS 2310/55.62)
4    Sec. 2310-215. Center for Minority Health Services.
5    (a) The Department shall establish a Center for Minority
6Health Services to advise the Department on matters pertaining
7to the health needs of minority populations within the State.
8    (b) The Center shall have the following duties:
9        (1) To assist in the assessment of the health needs of
10    minority populations in the State.
11        (2) To recommend treatment methods and programs that
12    are sensitive and relevant to the unique linguistic,
13    cultural, and ethnic characteristics of minority
14    populations.
15        (3) To provide consultation, technical assistance,
16    training programs, and reference materials to service
17    providers, organizations, and other agencies.
18        (4) To promote awareness of minority health concerns,
19    and encourage, promote, and aid in the establishment of
20    minority services.
21        (5) To disseminate information on available minority
22    services.
23        (6) To provide adequate and effective opportunities
24    for minority populations to express their views on
25    Departmental policy development and program

 

 

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1    implementation.
2        (7) To coordinate with the Department on Aging and the
3    Department of Healthcare and Family Services to coordinate
4    services designed to meet the needs of minority senior
5    citizens.
6        (8) To promote awareness of the incidence of
7    Alzheimer's disease and related dementias among minority
8    populations and to encourage, promote, and aid in the
9    establishment of prevention and treatment programs and
10    services relating to this health problem.
11    (c) For the purpose of this Section, "minority" shall mean
12and include any person or group of persons who are any of the
13following:
14        (1) Native American American Indian or Alaska Native (a
15    person having origins in any of the original peoples of
16    North and South America, including Central America, and who
17    maintains tribal affiliation or community attachment).
18        (2) Asian (a person having origins in any of the
19    original peoples of the Far East, Southeast Asia, or the
20    Indian subcontinent, including, but not limited to,
21    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
22    the Philippine Islands, Thailand, and Vietnam).
23        (3) Black or African American (a person having origins
24    in any of the black racial groups of Africa). Terms such as
25    "Haitian" or "Negro" can be used in addition to "Black or
26    African American".

 

 

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1        (4) Hispanic or Latino (a person of Cuban, Mexican,
2    Puerto Rican, South or Central American, or other Spanish
3    culture or origin, regardless of race).
4        (5) Native Hawaiian or Other Pacific Islander (a person
5    having origins in any of the original peoples of Hawaii,
6    Guam, Samoa, or other Pacific Islands).
7(Source: P.A. 97-396, eff. 1-1-12.)
 
8    Section 25. The Criminal Identification Act is amended by
9changing Section 4.5 as follows:
 
10    (20 ILCS 2630/4.5)
11    Sec. 4.5. Ethnic and racial data collection.
12    (a) Ethnic and racial data for every adult or juvenile
13arrested shall be collected at the following points of contact
14by the entity identified in this subsection or another entity
15authorized and qualified to collect and report on this data:
16        (1) at arrest or booking, by the supervising law
17    enforcement agency;
18        (2) upon admittance to the Department of Corrections,
19    by the Department of Corrections;
20        (3) upon admittance to the Department of Juvenile
21    Justice, by the Department of Juvenile Justice; and
22        (4) upon transfer from the Department of Juvenile
23    Justice to the Department of Corrections, by the Department
24    of Juvenile Justice.

 

 

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1    (b) Ethnic and racial data shall be collected through
2selection of one of the following categories:
3        (1) Native American American Indian or Alaskan Native;
4        (2) Asian or Pacific Islander;
5        (3) Black or African American;
6        (4) White or Caucasian;
7        (5) Hispanic or Latino; or
8        (6) Unknown.
9    (c) The collecting entity shall make a good-faith effort to
10collect race and ethnicity information as self-reported by the
11adult or juvenile. If the adult or juvenile is unable or
12unwilling to provide race and ethnicity information, the
13collecting entity shall make a good-faith effort to deduce the
14race and ethnicity of the adult or juvenile.
15(Source: P.A. 98-528, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
16    Section 30. The Business Enterprise for Minorities,
17Females, and Persons with Disabilities Act is amended by
18changing Section 2 as follows:
 
19    (30 ILCS 575/2)
20    (Section scheduled to be repealed on June 30, 2020)
21    Sec. 2. Definitions.
22    (A) For the purpose of this Act, the following terms shall
23have the following definitions:
24        (1) "Minority person" shall mean a person who is a

 

 

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1    citizen or lawful permanent resident of the United States
2    and who is any of the following:
3            (a) Native American American Indian or Alaska
4        Native (a person having origins in any of the original
5        peoples of North and South America, including Central
6        America, and who maintains tribal affiliation or
7        community attachment).
8            (b) Asian (a person having origins in any of the
9        original peoples of the Far East, Southeast Asia, or
10        the Indian subcontinent, including, but not limited
11        to, Cambodia, China, India, Japan, Korea, Malaysia,
12        Pakistan, the Philippine Islands, Thailand, and
13        Vietnam).
14            (c) Black or African American (a person having
15        origins in any of the black racial groups of Africa).
16        Terms such as "Haitian" or "Negro" can be used in
17        addition to "Black or African American".
18            (d) Hispanic or Latino (a person of Cuban, Mexican,
19        Puerto Rican, South or Central American, or other
20        Spanish culture or origin, regardless of race).
21            (e) Native Hawaiian or Other Pacific Islander (a
22        person having origins in any of the original peoples of
23        Hawaii, Guam, Samoa, or other Pacific Islands).
24        (2) "Female" shall mean a person who is a citizen or
25    lawful permanent resident of the United States and who is
26    of the female gender.

 

 

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1        (2.05) "Person with a disability" means a person who is
2    a citizen or lawful resident of the United States and is a
3    person qualifying as a person with a disability under
4    subdivision (2.1) of this subsection (A).
5        (2.1) "Person with a disability" means a person with a
6    severe physical or mental disability that:
7            (a) results from:
8            amputation,
9            arthritis,
10            autism,
11            blindness,
12            burn injury,
13            cancer,
14            cerebral palsy,
15            Crohn's disease,
16            cystic fibrosis,
17            deafness,
18            head injury,
19            heart disease,
20            hemiplegia,
21            hemophilia,
22            respiratory or pulmonary dysfunction,
23            an intellectual disability,
24            mental illness,
25            multiple sclerosis,
26            muscular dystrophy,

 

 

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1            musculoskeletal disorders,
2            neurological disorders, including stroke and
3        epilepsy,
4            paraplegia,
5            quadriplegia and other spinal cord conditions,
6            sickle cell anemia,
7            ulcerative colitis,
8            specific learning disabilities, or
9            end stage renal failure disease; and
10            (b) substantially limits one or more of the
11        person's major life activities.
12        Another disability or combination of disabilities may
13    also be considered as a severe disability for the purposes
14    of item (a) of this subdivision (2.1) if it is determined
15    by an evaluation of rehabilitation potential to cause a
16    comparable degree of substantial functional limitation
17    similar to the specific list of disabilities listed in item
18    (a) of this subdivision (2.1).
19        (3) "Minority owned business" means a business which is
20    at least 51% owned by one or more minority persons, or in
21    the case of a corporation, at least 51% of the stock in
22    which is owned by one or more minority persons; and the
23    management and daily business operations of which are
24    controlled by one or more of the minority individuals who
25    own it.
26        (4) "Female owned business" means a business which is

 

 

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1    at least 51% owned by one or more females, or, in the case
2    of a corporation, at least 51% of the stock in which is
3    owned by one or more females; and the management and daily
4    business operations of which are controlled by one or more
5    of the females who own it.
6        (4.1) "Business owned by a person with a disability"
7    means a business that is at least 51% owned by one or more
8    persons with a disability and the management and daily
9    business operations of which are controlled by one or more
10    of the persons with disabilities who own it. A
11    not-for-profit agency for persons with disabilities that
12    is exempt from taxation under Section 501 of the Internal
13    Revenue Code of 1986 is also considered a "business owned
14    by a person with a disability".
15        (4.2) "Council" means the Business Enterprise Council
16    for Minorities, Females, and Persons with Disabilities
17    created under Section 5 of this Act.
18        (5) "State contracts" means all contracts entered into
19    by the State, any agency or department thereof, or any
20    public institution of higher education, including
21    community college districts, regardless of the source of
22    the funds with which the contracts are paid, which are not
23    subject to federal reimbursement. "State contracts" does
24    not include contracts awarded by a retirement system,
25    pension fund, or investment board subject to Section
26    1-109.1 of the Illinois Pension Code. This definition shall

 

 

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1    control over any existing definition under this Act or
2    applicable administrative rule.
3        "State construction contracts" means all State
4    contracts entered into by a State agency or public
5    institution of higher education for the repair,
6    remodeling, renovation or construction of a building or
7    structure, or for the construction or maintenance of a
8    highway defined in Article 2 of the Illinois Highway Code.
9        (6) "State agencies" shall mean all departments,
10    officers, boards, commissions, institutions and bodies
11    politic and corporate of the State, but does not include
12    the Board of Trustees of the University of Illinois, the
13    Board of Trustees of Southern Illinois University, the
14    Board of Trustees of Chicago State University, the Board of
15    Trustees of Eastern Illinois University, the Board of
16    Trustees of Governors State University, the Board of
17    Trustees of Illinois State University, the Board of
18    Trustees of Northeastern Illinois University, the Board of
19    Trustees of Northern Illinois University, the Board of
20    Trustees of Western Illinois University, municipalities or
21    other local governmental units, or other State
22    constitutional officers.
23        (7) "Public institutions of higher education" means
24    the University of Illinois, Southern Illinois University,
25    Chicago State University, Eastern Illinois University,
26    Governors State University, Illinois State University,

 

 

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1    Northeastern Illinois University, Northern Illinois
2    University, Western Illinois University, the public
3    community colleges of the State, and any other public
4    universities, colleges, and community colleges now or
5    hereafter established or authorized by the General
6    Assembly.
7        (8) "Certification" means a determination made by the
8    Council or by one delegated authority from the Council to
9    make certifications, or by a State agency with statutory
10    authority to make such a certification, that a business
11    entity is a business owned by a minority, female, or person
12    with a disability for whatever purpose. A business owned
13    and controlled by females shall be certified as a "female
14    owned business". A business owned and controlled by females
15    who are also minorities shall be certified as both a
16    "female owned business" and a "minority owned business".
17        (9) "Control" means the exclusive or ultimate and sole
18    control of the business including, but not limited to,
19    capital investment and all other financial matters,
20    property, acquisitions, contract negotiations, legal
21    matters, officer-director-employee selection and
22    comprehensive hiring, operating responsibilities,
23    cost-control matters, income and dividend matters,
24    financial transactions and rights of other shareholders or
25    joint partners. Control shall be real, substantial and
26    continuing, not pro forma. Control shall include the power

 

 

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1    to direct or cause the direction of the management and
2    policies of the business and to make the day-to-day as well
3    as major decisions in matters of policy, management and
4    operations. Control shall be exemplified by possessing the
5    requisite knowledge and expertise to run the particular
6    business and control shall not include simple majority or
7    absentee ownership.
8        (10) "Business" means a business that has annual gross
9    sales of less than $75,000,000 as evidenced by the federal
10    income tax return of the business. A firm with gross sales
11    in excess of this cap may apply to the Council for
12    certification for a particular contract if the firm can
13    demonstrate that the contract would have significant
14    impact on businesses owned by minorities, females, or
15    persons with disabilities as suppliers or subcontractors
16    or in employment of minorities, females, or persons with
17    disabilities.
18    (B) When a business is owned at least 51% by any
19combination of minority persons, females, or persons with
20disabilities, even though none of the 3 classes alone holds at
21least a 51% interest, the ownership requirement for purposes of
22this Act is considered to be met. The certification category
23for the business is that of the class holding the largest
24ownership interest in the business. If 2 or more classes have
25equal ownership interests, the certification category shall be
26determined by the business.

 

 

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1(Source: P.A. 98-95, eff. 7-17-13; 99-143, eff. 7-27-15;
299-462, eff. 8-25-15; 99-642, eff. 7-28-16.)
 
3    Section 35. The State Construction Minority and Female
4Building Trades Act is amended by changing Section 35-5 as
5follows:
 
6    (30 ILCS 577/35-5)
7    Sec. 35-5. Definitions. For the purposes of this Article:
8    "Under-represented minority" means a person who is any of
9the following:
10        (1) Native American American Indian or Alaska Native (a
11    person having origins in any of the original peoples of
12    North and South America, including Central America, and who
13    maintains tribal affiliation or community attachment).
14        (2) Asian (a person having origins in any of the
15    original peoples of the Far East, Southeast Asia, or the
16    Indian subcontinent, including, but not limited to,
17    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
18    the Philippine Islands, Thailand, and Vietnam).
19        (3) Black or African American (a person having origins
20    in any of the black racial groups of Africa). Terms such as
21    "Haitian" or "Negro" can be used in addition to "Black or
22    African American".
23        (4) Hispanic or Latino (a person of Cuban, Mexican,
24    Puerto Rican, South or Central American, or other Spanish

 

 

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1    culture or origin, regardless of race).
2        (5) Native Hawaiian or Other Pacific Islander (a person
3    having origins in any of the original peoples of Hawaii,
4    Guam, Samoa, or other Pacific Islands).
5    "Construction" means any constructing, altering,
6reconstructing, repairing, rehabilitating, refinishing,
7refurbishing, remodeling, remediating, renovating, custom
8fabricating, maintenance, landscaping, improving, wrecking,
9painting, decorating, demolishing, and adding to or
10subtracting from any building, structure, highway, roadway,
11street, bridge, alley, sewer, ditch, sewage disposal plant,
12water works, parking facility, railroad, excavation or other
13structure, project, development, real property or improvement,
14or to do any part thereof, whether or not the performance of
15the work herein described involves the addition to, or
16fabrication into, any structure, project, development, real
17property or improvement herein described of any material or
18article of merchandise. Construction shall also include moving
19construction related materials on the job site to or from the
20job site.
21(Source: P.A. 96-37, eff. 7-13-09; 97-396, eff. 1-1-12.)
 
22    Section 40. The Inclusion of Women and Minorities in
23Clinical Research Act is amended by changing Section 5 as
24follows:
 

 

 

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1    (30 ILCS 785/5)
2    Sec. 5. Definitions. In this Act:
3    "Grantee" means any qualified public, private, or
4not-for-profit agency or individual, including, but not
5limited to, a college, university, hospital, laboratory,
6research institution, local health department, voluntary
7health agency, health maintenance organization, corporation,
8student, fellow, or entrepreneur, conducting clinical research
9using State funds. A grantee may also be a corporation that is
10headquartered in Illinois and that conducts research using
11State funds.
12    "Minority group" means a group that is a readily
13identifiable subset of the U.S. population that is
14distinguished by racial, ethnic, or cultural heritage and that
15is made up of persons who are any of the following:
16        (1) Native American American Indian or Alaska Native (a
17    person having origins in any of the original peoples of
18    North and South America, including Central America, and who
19    maintains tribal affiliation or community attachment).
20        (2) Asian (a person having origins in any of the
21    original peoples of the Far East, Southeast Asia, or the
22    Indian subcontinent, including, but not limited to,
23    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
24    the Philippine Islands, Thailand, and Vietnam).
25        (3) Black or African American (a person having origins
26    in any of the black racial groups of Africa). Terms such as

 

 

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1    "Haitian" or "Negro" can be used in addition to "Black or
2    African American".
3        (4) Hispanic or Latino (a person of Cuban, Mexican,
4    Puerto Rican, South or Central American, or other Spanish
5    culture or origin, regardless of race).
6        (5) Native Hawaiian or Other Pacific Islander (a person
7    having origins in any of the original peoples of Hawaii,
8    Guam, Samoa, or other Pacific Islands).
9    "Project of clinical research" includes a clinical trial.
10(Source: P.A. 97-396, eff. 1-1-12.)
 
11    Section 45. The Metropolitan Pier and Exposition Authority
12Act is amended by changing Section 23.1 as follows:
 
13    (70 ILCS 210/23.1)  (from Ch. 85, par. 1243.1)
14    Sec. 23.1. Affirmative action.
15    (a) The Authority shall, within 90 days after the effective
16date of this amendatory Act of 1984, establish and maintain an
17affirmative action program designed to promote equal
18employment opportunity and eliminate the effects of past
19discrimination. Such program shall include a plan, including
20timetables where appropriate, which shall specify goals and
21methods for increasing participation by women and minorities in
22employment, including employment related to the planning,
23organization, and staging of the games, by the Authority and by
24parties which contract with the Authority. The Authority shall

 

 

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1submit a detailed plan with the General Assembly prior to
2September 1 of each year. Such program shall also establish
3procedures and sanctions (including debarment), which the
4Authority shall enforce to ensure compliance with the plan
5established pursuant to this Section and with State and federal
6laws and regulations relating to the employment of women and
7minorities. A determination by the Authority as to whether a
8party to a contract with the Authority has achieved the goals
9or employed the methods for increasing participation by women
10and minorities shall be determined in accordance with the terms
11of such contracts or the applicable provisions of rules and
12regulations of the Authority existing at the time such contract
13was executed, including any provisions for consideration of
14good faith efforts at compliance which the Authority may
15reasonably adopt.
16    (b) The Authority shall adopt and maintain minority and
17female owned business enterprise procurement programs under
18the affirmative action program described in subsection (a) for
19any and all work, including all contracting related to the
20planning, organization, and staging of the games, undertaken by
21the Authority. That work shall include, but is not limited to,
22the purchase of professional services, construction services,
23supplies, materials, and equipment. The programs shall
24establish goals of awarding not less than 25% of the annual
25dollar value of all contracts, purchase orders, or other
26agreements (collectively referred to as "contracts") to

 

 

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1minority owned businesses and 5% of the annual dollar value of
2all contracts to female owned businesses. Without limiting the
3generality of the foregoing, the programs shall require in
4connection with the prequalification or consideration of
5vendors for professional service contracts, construction
6contracts, and contracts for supplies, materials, equipment,
7and services that each proposer or bidder submit as part of his
8or her proposal or bid a commitment detailing how he or she
9will expend 25% or more of the dollar value of his or her
10contracts with one or more minority owned businesses and 5% or
11more of the dollar value with one or more female owned
12businesses. Bids or proposals that do not include such detailed
13commitments are not responsive and shall be rejected unless the
14Authority deems it appropriate to grant a waiver of these
15requirements. In addition the Authority may, in connection with
16the selection of providers of professional services, reserve
17the right to select a minority or female owned business or
18businesses to fulfill the commitment to minority and female
19business participation. The commitment to minority and female
20business participation may be met by the contractor or
21professional service provider's status as a minority or female
22owned business, by joint venture or by subcontracting a portion
23of the work with or purchasing materials for the work from one
24or more such businesses, or by any combination thereof. Each
25contract shall require the contractor or provider to submit a
26certified monthly report detailing the status of that

 

 

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1contractor or provider's compliance with the Authority's
2minority and female owned business enterprise procurement
3program. The Authority, after reviewing the monthly reports of
4the contractors and providers, shall compile a comprehensive
5report regarding compliance with this procurement program and
6file it quarterly with the General Assembly. If, in connection
7with a particular contract, the Authority determines that it is
8impracticable or excessively costly to obtain minority or
9female owned businesses to perform sufficient work to fulfill
10the commitment required by this subsection, the Authority shall
11reduce or waive the commitment in the contract, as may be
12appropriate. The Authority shall establish rules and
13regulations setting forth the standards to be used in
14determining whether or not a reduction or waiver is
15appropriate. The terms "minority owned business" and "female
16owned business" have the meanings given to those terms in the
17Business Enterprise for Minorities, Females, and Persons with
18Disabilities Act.
19    (c) The Authority shall adopt and maintain an affirmative
20action program in connection with the hiring of minorities and
21women on the Expansion Project and on any and all construction
22projects, including all contracting related to the planning,
23organization, and staging of the games, undertaken by the
24Authority. The program shall be designed to promote equal
25employment opportunity and shall specify the goals and methods
26for increasing the participation of minorities and women in a

 

 

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1representative mix of job classifications required to perform
2the respective contracts awarded by the Authority.
3    (d) In connection with the Expansion Project, the Authority
4shall incorporate the following elements into its minority and
5female owned business procurement programs to the extent
6feasible: (1) a major contractors program that permits minority
7owned businesses and female owned businesses to bear
8significant responsibility and risk for a portion of the
9project; (2) a mentor/protege program that provides financial,
10technical, managerial, equipment, and personnel support to
11minority owned businesses and female owned businesses; (3) an
12emerging firms program that includes minority owned businesses
13and female owned businesses that would not otherwise qualify
14for the project due to inexperience or limited resources; (4) a
15small projects program that includes participation by smaller
16minority owned businesses and female owned businesses on jobs
17where the total dollar value is $5,000,000 or less; and (5) a
18set-aside program that will identify contracts requiring the
19expenditure of funds less than $50,000 for bids to be submitted
20solely by minority owned businesses and female owned
21businesses.
22    (e) The Authority is authorized to enter into agreements
23with contractors' associations, labor unions, and the
24contractors working on the Expansion Project to establish an
25Apprenticeship Preparedness Training Program to provide for an
26increase in the number of minority and female journeymen and

 

 

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1apprentices in the building trades and to enter into agreements
2with Community College District 508 to provide readiness
3training. The Authority is further authorized to enter into
4contracts with public and private educational institutions and
5persons in the hospitality industry to provide training for
6employment in the hospitality industry.
7    (f) McCormick Place Advisory Board. There is created a
8McCormick Place Advisory Board composed as follows: 2 members
9shall be appointed by the Mayor of Chicago; 2 members shall be
10appointed by the Governor; 2 members shall be State Senators
11appointed by the President of the Senate; 2 members shall be
12State Senators appointed by the Minority Leader of the Senate;
132 members shall be State Representatives appointed by the
14Speaker of the House of Representatives; and 2 members shall be
15State Representatives appointed by the Minority Leader of the
16House of Representatives. The terms of all previously appointed
17members of the Advisory Board expire on the effective date of
18this amendatory Act of the 92nd General Assembly. A State
19Senator or State Representative member may appoint a designee
20to serve on the McCormick Place Advisory Board in his or her
21absence.
22    A "member of a minority group" shall mean a person who is a
23citizen or lawful permanent resident of the United States and
24who is any of the following:
25        (1) Native American American Indian or Alaska Native (a
26    person having origins in any of the original peoples of

 

 

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1    North and South America, including Central America, and who
2    maintains tribal affiliation or community attachment).
3        (2) Asian (a person having origins in any of the
4    original peoples of the Far East, Southeast Asia, or the
5    Indian subcontinent, including, but not limited to,
6    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
7    the Philippine Islands, Thailand, and Vietnam).
8        (3) Black or African American (a person having origins
9    in any of the black racial groups of Africa). Terms such as
10    "Haitian" or "Negro" can be used in addition to "Black or
11    African American".
12        (4) Hispanic or Latino (a person of Cuban, Mexican,
13    Puerto Rican, South or Central American, or other Spanish
14    culture or origin, regardless of race).
15        (5) Native Hawaiian or Other Pacific Islander (a person
16    having origins in any of the original peoples of Hawaii,
17    Guam, Samoa, or other Pacific Islands).
18    Members of the McCormick Place Advisory Board shall serve
192-year terms and until their successors are appointed, except
20members who serve as a result of their elected position whose
21terms shall continue as long as they hold their designated
22elected positions. Vacancies shall be filled by appointment for
23the unexpired term in the same manner as original appointments
24are made. The McCormick Place Advisory Board shall elect its
25own chairperson.
26    Members of the McCormick Place Advisory Board shall serve

 

 

HB2381- 30 -LRB100 04698 JWD 14704 b

1without compensation but, at the Authority's discretion, shall
2be reimbursed for necessary expenses in connection with the
3performance of their duties.
4    The McCormick Place Advisory Board shall meet quarterly, or
5as needed, shall produce any reports it deems necessary, and
6shall:
7        (1) Work with the Authority on ways to improve the area
8    physically and economically;
9        (2) Work with the Authority regarding potential means
10    for providing increased economic opportunities to
11    minorities and women produced indirectly or directly from
12    the construction and operation of the Expansion Project;
13        (3) Work with the Authority to minimize any potential
14    impact on the area surrounding the McCormick Place
15    Expansion Project, including any impact on minority or
16    female owned businesses, resulting from the construction
17    and operation of the Expansion Project;
18        (4) Work with the Authority to find candidates for
19    building trades apprenticeships, for employment in the
20    hospitality industry, and to identify job training
21    programs;
22        (5) Work with the Authority to implement the provisions
23    of subsections (a) through (e) of this Section in the
24    construction of the Expansion Project, including the
25    Authority's goal of awarding not less than 25% and 5% of
26    the annual dollar value of contracts to minority and female

 

 

HB2381- 31 -LRB100 04698 JWD 14704 b

1    owned businesses, the outreach program for minorities and
2    women, and the mentor/protege program for providing
3    assistance to minority and female owned businesses.
4    (g) The Authority shall comply with subsection (e) of
5Section 5-42 of the Olympic Games and Paralympic Games (2016)
6Law. For purposes of this Section, the term "games" has the
7meaning set forth in the Olympic Games and Paralympic Games
8(2016) Law.
9(Source: P.A. 96-7, eff. 4-3-09; 97-396, eff. 1-1-12.)
 
10    Section 50. The School Code is amended by changing Sections
1127-20 and 34-18 as follows:
 
12    (105 ILCS 5/27-20)  (from Ch. 122, par. 27-20)
13    Sec. 27-20. Native American American Indian day.
14    The fourth Friday of September is designated "Native
15American American Indian Day," to be observed throughout the
16State as a day on which to hold appropriate exercises in
17commemoration of the Native Americans American Indians.
18(Source: Laws 1961, p. 31.)
 
19    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
20    Sec. 34-18. Powers of the board. The board shall exercise
21general supervision and jurisdiction over the public education
22and the public school system of the city, and, except as
23otherwise provided by this Article, shall have power:

 

 

HB2381- 32 -LRB100 04698 JWD 14704 b

1        1. To make suitable provision for the establishment and
2    maintenance throughout the year or for such portion thereof
3    as it may direct, not less than 9 months, of schools of all
4    grades and kinds, including normal schools, high schools,
5    night schools, schools for defectives and delinquents,
6    parental and truant schools, schools for the blind, the
7    deaf and persons with physical disabilities, schools or
8    classes in manual training, constructural and vocational
9    teaching, domestic arts and physical culture, vocation and
10    extension schools and lecture courses, and all other
11    educational courses and facilities, including
12    establishing, equipping, maintaining and operating
13    playgrounds and recreational programs, when such programs
14    are conducted in, adjacent to, or connected with any public
15    school under the general supervision and jurisdiction of
16    the board; provided that the calendar for the school term
17    and any changes must be submitted to and approved by the
18    State Board of Education before the calendar or changes may
19    take effect, and provided that in allocating funds from
20    year to year for the operation of all attendance centers
21    within the district, the board shall ensure that
22    supplemental general State aid funds are allocated and
23    applied in accordance with Section 18-8 or 18-8.05. To
24    admit to such schools without charge foreign exchange
25    students who are participants in an organized exchange
26    student program which is authorized by the board. The board

 

 

HB2381- 33 -LRB100 04698 JWD 14704 b

1    shall permit all students to enroll in apprenticeship
2    programs in trade schools operated by the board, whether
3    those programs are union-sponsored or not. No student shall
4    be refused admission into or be excluded from any course of
5    instruction offered in the common schools by reason of that
6    student's sex. No student shall be denied equal access to
7    physical education and interscholastic athletic programs
8    supported from school district funds or denied
9    participation in comparable physical education and
10    athletic programs solely by reason of the student's sex.
11    Equal access to programs supported from school district
12    funds and comparable programs will be defined in rules
13    promulgated by the State Board of Education in consultation
14    with the Illinois High School Association. Notwithstanding
15    any other provision of this Article, neither the board of
16    education nor any local school council or other school
17    official shall recommend that children with disabilities
18    be placed into regular education classrooms unless those
19    children with disabilities are provided with supplementary
20    services to assist them so that they benefit from the
21    regular classroom instruction and are included on the
22    teacher's regular education class register;
23        2. To furnish lunches to pupils, to make a reasonable
24    charge therefor, and to use school funds for the payment of
25    such expenses as the board may determine are necessary in
26    conducting the school lunch program;

 

 

HB2381- 34 -LRB100 04698 JWD 14704 b

1        3. To co-operate with the circuit court;
2        4. To make arrangements with the public or quasi-public
3    libraries and museums for the use of their facilities by
4    teachers and pupils of the public schools;
5        5. To employ dentists and prescribe their duties for
6    the purpose of treating the pupils in the schools, but
7    accepting such treatment shall be optional with parents or
8    guardians;
9        6. To grant the use of assembly halls and classrooms
10    when not otherwise needed, including light, heat, and
11    attendants, for free public lectures, concerts, and other
12    educational and social interests, free of charge, under
13    such provisions and control as the principal of the
14    affected attendance center may prescribe;
15        7. To apportion the pupils to the several schools;
16    provided that no pupil shall be excluded from or segregated
17    in any such school on account of his color, race, sex, or
18    nationality. The board shall take into consideration the
19    prevention of segregation and the elimination of
20    separation of children in public schools because of color,
21    race, sex, or nationality. Except that children may be
22    committed to or attend parental and social adjustment
23    schools established and maintained either for boys or girls
24    only. All records pertaining to the creation, alteration or
25    revision of attendance areas shall be open to the public.
26    Nothing herein shall limit the board's authority to

 

 

HB2381- 35 -LRB100 04698 JWD 14704 b

1    establish multi-area attendance centers or other student
2    assignment systems for desegregation purposes or
3    otherwise, and to apportion the pupils to the several
4    schools. Furthermore, beginning in school year 1994-95,
5    pursuant to a board plan adopted by October 1, 1993, the
6    board shall offer, commencing on a phased-in basis, the
7    opportunity for families within the school district to
8    apply for enrollment of their children in any attendance
9    center within the school district which does not have
10    selective admission requirements approved by the board.
11    The appropriate geographical area in which such open
12    enrollment may be exercised shall be determined by the
13    board of education. Such children may be admitted to any
14    such attendance center on a space available basis after all
15    children residing within such attendance center's area
16    have been accommodated. If the number of applicants from
17    outside the attendance area exceed the space available,
18    then successful applicants shall be selected by lottery.
19    The board of education's open enrollment plan must include
20    provisions that allow low income students to have access to
21    transportation needed to exercise school choice. Open
22    enrollment shall be in compliance with the provisions of
23    the Consent Decree and Desegregation Plan cited in Section
24    34-1.01;
25        8. To approve programs and policies for providing
26    transportation services to students. Nothing herein shall

 

 

HB2381- 36 -LRB100 04698 JWD 14704 b

1    be construed to permit or empower the State Board of
2    Education to order, mandate, or require busing or other
3    transportation of pupils for the purpose of achieving
4    racial balance in any school;
5        9. Subject to the limitations in this Article, to
6    establish and approve system-wide curriculum objectives
7    and standards, including graduation standards, which
8    reflect the multi-cultural diversity in the city and are
9    consistent with State law, provided that for all purposes
10    of this Article courses or proficiency in American Sign
11    Language shall be deemed to constitute courses or
12    proficiency in a foreign language; and to employ principals
13    and teachers, appointed as provided in this Article, and
14    fix their compensation. The board shall prepare such
15    reports related to minimal competency testing as may be
16    requested by the State Board of Education, and in addition
17    shall monitor and approve special education and bilingual
18    education programs and policies within the district to
19    assure that appropriate services are provided in
20    accordance with applicable State and federal laws to
21    children requiring services and education in those areas;
22        10. To employ non-teaching personnel or utilize
23    volunteer personnel for: (i) non-teaching duties not
24    requiring instructional judgment or evaluation of pupils,
25    including library duties; and (ii) supervising study
26    halls, long distance teaching reception areas used

 

 

HB2381- 37 -LRB100 04698 JWD 14704 b

1    incident to instructional programs transmitted by
2    electronic media such as computers, video, and audio,
3    detention and discipline areas, and school-sponsored
4    extracurricular activities. The board may further utilize
5    volunteer non-certificated personnel or employ
6    non-certificated personnel to assist in the instruction of
7    pupils under the immediate supervision of a teacher holding
8    a valid certificate, directly engaged in teaching subject
9    matter or conducting activities; provided that the teacher
10    shall be continuously aware of the non-certificated
11    persons' activities and shall be able to control or modify
12    them. The general superintendent shall determine
13    qualifications of such personnel and shall prescribe rules
14    for determining the duties and activities to be assigned to
15    such personnel;
16        10.5. To utilize volunteer personnel from a regional
17    School Crisis Assistance Team (S.C.A.T.), created as part
18    of the Safe to Learn Program established pursuant to
19    Section 25 of the Illinois Violence Prevention Act of 1995,
20    to provide assistance to schools in times of violence or
21    other traumatic incidents within a school community by
22    providing crisis intervention services to lessen the
23    effects of emotional trauma on individuals and the
24    community; the School Crisis Assistance Team Steering
25    Committee shall determine the qualifications for
26    volunteers;

 

 

HB2381- 38 -LRB100 04698 JWD 14704 b

1        11. To provide television studio facilities in not to
2    exceed one school building and to provide programs for
3    educational purposes, provided, however, that the board
4    shall not construct, acquire, operate, or maintain a
5    television transmitter; to grant the use of its studio
6    facilities to a licensed television station located in the
7    school district; and to maintain and operate not to exceed
8    one school radio transmitting station and provide programs
9    for educational purposes;
10        12. To offer, if deemed appropriate, outdoor education
11    courses, including field trips within the State of
12    Illinois, or adjacent states, and to use school educational
13    funds for the expense of the said outdoor educational
14    programs, whether within the school district or not;
15        13. During that period of the calendar year not
16    embraced within the regular school term, to provide and
17    conduct courses in subject matters normally embraced in the
18    program of the schools during the regular school term and
19    to give regular school credit for satisfactory completion
20    by the student of such courses as may be approved for
21    credit by the State Board of Education;
22        14. To insure against any loss or liability of the
23    board, the former School Board Nominating Commission,
24    Local School Councils, the Chicago Schools Academic
25    Accountability Council, or the former Subdistrict Councils
26    or of any member, officer, agent or employee thereof,

 

 

HB2381- 39 -LRB100 04698 JWD 14704 b

1    resulting from alleged violations of civil rights arising
2    from incidents occurring on or after September 5, 1967 or
3    from the wrongful or negligent act or omission of any such
4    person whether occurring within or without the school
5    premises, provided the officer, agent or employee was, at
6    the time of the alleged violation of civil rights or
7    wrongful act or omission, acting within the scope of his
8    employment or under direction of the board, the former
9    School Board Nominating Commission, the Chicago Schools
10    Academic Accountability Council, Local School Councils, or
11    the former Subdistrict Councils; and to provide for or
12    participate in insurance plans for its officers and
13    employees, including but not limited to retirement
14    annuities, medical, surgical and hospitalization benefits
15    in such types and amounts as may be determined by the
16    board; provided, however, that the board shall contract for
17    such insurance only with an insurance company authorized to
18    do business in this State. Such insurance may include
19    provision for employees who rely on treatment by prayer or
20    spiritual means alone for healing, in accordance with the
21    tenets and practice of a recognized religious
22    denomination;
23        15. To contract with the corporate authorities of any
24    municipality or the county board of any county, as the case
25    may be, to provide for the regulation of traffic in parking
26    areas of property used for school purposes, in such manner

 

 

HB2381- 40 -LRB100 04698 JWD 14704 b

1    as is provided by Section 11-209 of The Illinois Vehicle
2    Code, approved September 29, 1969, as amended;
3        16. (a) To provide, on an equal basis, access to a high
4    school campus and student directory information to the
5    official recruiting representatives of the armed forces of
6    Illinois and the United States for the purposes of
7    informing students of the educational and career
8    opportunities available in the military if the board has
9    provided such access to persons or groups whose purpose is
10    to acquaint students with educational or occupational
11    opportunities available to them. The board is not required
12    to give greater notice regarding the right of access to
13    recruiting representatives than is given to other persons
14    and groups. In this paragraph 16, "directory information"
15    means a high school student's name, address, and telephone
16    number.
17        (b) If a student or his or her parent or guardian
18    submits a signed, written request to the high school before
19    the end of the student's sophomore year (or if the student
20    is a transfer student, by another time set by the high
21    school) that indicates that the student or his or her
22    parent or guardian does not want the student's directory
23    information to be provided to official recruiting
24    representatives under subsection (a) of this Section, the
25    high school may not provide access to the student's
26    directory information to these recruiting representatives.

 

 

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1    The high school shall notify its students and their parents
2    or guardians of the provisions of this subsection (b).
3        (c) A high school may require official recruiting
4    representatives of the armed forces of Illinois and the
5    United States to pay a fee for copying and mailing a
6    student's directory information in an amount that is not
7    more than the actual costs incurred by the high school.
8        (d) Information received by an official recruiting
9    representative under this Section may be used only to
10    provide information to students concerning educational and
11    career opportunities available in the military and may not
12    be released to a person who is not involved in recruiting
13    students for the armed forces of Illinois or the United
14    States;
15        17. (a) To sell or market any computer program
16    developed by an employee of the school district, provided
17    that such employee developed the computer program as a
18    direct result of his or her duties with the school district
19    or through the utilization of the school district resources
20    or facilities. The employee who developed the computer
21    program shall be entitled to share in the proceeds of such
22    sale or marketing of the computer program. The distribution
23    of such proceeds between the employee and the school
24    district shall be as agreed upon by the employee and the
25    school district, except that neither the employee nor the
26    school district may receive more than 90% of such proceeds.

 

 

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1    The negotiation for an employee who is represented by an
2    exclusive bargaining representative may be conducted by
3    such bargaining representative at the employee's request.
4        (b) For the purpose of this paragraph 17:
5            (1) "Computer" means an internally programmed,
6        general purpose digital device capable of
7        automatically accepting data, processing data and
8        supplying the results of the operation.
9            (2) "Computer program" means a series of coded
10        instructions or statements in a form acceptable to a
11        computer, which causes the computer to process data in
12        order to achieve a certain result.
13            (3) "Proceeds" means profits derived from
14        marketing or sale of a product after deducting the
15        expenses of developing and marketing such product;
16        18. To delegate to the general superintendent of
17    schools, by resolution, the authority to approve contracts
18    and expenditures in amounts of $10,000 or less;
19        19. Upon the written request of an employee, to
20    withhold from the compensation of that employee any dues,
21    payments or contributions payable by such employee to any
22    labor organization as defined in the Illinois Educational
23    Labor Relations Act. Under such arrangement, an amount
24    shall be withheld from each regular payroll period which is
25    equal to the pro rata share of the annual dues plus any
26    payments or contributions, and the board shall transmit

 

 

HB2381- 43 -LRB100 04698 JWD 14704 b

1    such withholdings to the specified labor organization
2    within 10 working days from the time of the withholding;
3        19a. Upon receipt of notice from the comptroller of a
4    municipality with a population of 500,000 or more, a county
5    with a population of 3,000,000 or more, the Cook County
6    Forest Preserve District, the Chicago Park District, the
7    Metropolitan Water Reclamation District, the Chicago
8    Transit Authority, or a housing authority of a municipality
9    with a population of 500,000 or more that a debt is due and
10    owing the municipality, the county, the Cook County Forest
11    Preserve District, the Chicago Park District, the
12    Metropolitan Water Reclamation District, the Chicago
13    Transit Authority, or the housing authority by an employee
14    of the Chicago Board of Education, to withhold, from the
15    compensation of that employee, the amount of the debt that
16    is due and owing and pay the amount withheld to the
17    municipality, the county, the Cook County Forest Preserve
18    District, the Chicago Park District, the Metropolitan
19    Water Reclamation District, the Chicago Transit Authority,
20    or the housing authority; provided, however, that the
21    amount deducted from any one salary or wage payment shall
22    not exceed 25% of the net amount of the payment. Before the
23    Board deducts any amount from any salary or wage of an
24    employee under this paragraph, the municipality, the
25    county, the Cook County Forest Preserve District, the
26    Chicago Park District, the Metropolitan Water Reclamation

 

 

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1    District, the Chicago Transit Authority, or the housing
2    authority shall certify that (i) the employee has been
3    afforded an opportunity for a hearing to dispute the debt
4    that is due and owing the municipality, the county, the
5    Cook County Forest Preserve District, the Chicago Park
6    District, the Metropolitan Water Reclamation District, the
7    Chicago Transit Authority, or the housing authority and
8    (ii) the employee has received notice of a wage deduction
9    order and has been afforded an opportunity for a hearing to
10    object to the order. For purposes of this paragraph, "net
11    amount" means that part of the salary or wage payment
12    remaining after the deduction of any amounts required by
13    law to be deducted and "debt due and owing" means (i) a
14    specified sum of money owed to the municipality, the
15    county, the Cook County Forest Preserve District, the
16    Chicago Park District, the Metropolitan Water Reclamation
17    District, the Chicago Transit Authority, or the housing
18    authority for services, work, or goods, after the period
19    granted for payment has expired, or (ii) a specified sum of
20    money owed to the municipality, the county, the Cook County
21    Forest Preserve District, the Chicago Park District, the
22    Metropolitan Water Reclamation District, the Chicago
23    Transit Authority, or the housing authority pursuant to a
24    court order or order of an administrative hearing officer
25    after the exhaustion of, or the failure to exhaust,
26    judicial review;

 

 

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1        20. The board is encouraged to employ a sufficient
2    number of certified school counselors to maintain a
3    student/counselor ratio of 250 to 1 by July 1, 1990. Each
4    counselor shall spend at least 75% of his work time in
5    direct contact with students and shall maintain a record of
6    such time;
7        21. To make available to students vocational and career
8    counseling and to establish 5 special career counseling
9    days for students and parents. On these days
10    representatives of local businesses and industries shall
11    be invited to the school campus and shall inform students
12    of career opportunities available to them in the various
13    businesses and industries. Special consideration shall be
14    given to counseling minority students as to career
15    opportunities available to them in various fields. For the
16    purposes of this paragraph, minority student means a person
17    who is any of the following:
18        (a) Native American American Indian or Alaska Native (a
19    person having origins in any of the original peoples of
20    North and South America, including Central America, and who
21    maintains tribal affiliation or community attachment).
22        (b) Asian (a person having origins in any of the
23    original peoples of the Far East, Southeast Asia, or the
24    Indian subcontinent, including, but not limited to,
25    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
26    the Philippine Islands, Thailand, and Vietnam).

 

 

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1        (c) Black or African American (a person having origins
2    in any of the black racial groups of Africa). Terms such as
3    "Haitian" or "Negro" can be used in addition to "Black or
4    African American".
5        (d) Hispanic or Latino (a person of Cuban, Mexican,
6    Puerto Rican, South or Central American, or other Spanish
7    culture or origin, regardless of race).
8        (e) Native Hawaiian or Other Pacific Islander (a person
9    having origins in any of the original peoples of Hawaii,
10    Guam, Samoa, or other Pacific Islands).
11        Counseling days shall not be in lieu of regular school
12    days;
13        22. To report to the State Board of Education the
14    annual student dropout rate and number of students who
15    graduate from, transfer from or otherwise leave bilingual
16    programs;
17        23. Except as otherwise provided in the Abused and
18    Neglected Child Reporting Act or other applicable State or
19    federal law, to permit school officials to withhold, from
20    any person, information on the whereabouts of any child
21    removed from school premises when the child has been taken
22    into protective custody as a victim of suspected child
23    abuse. School officials shall direct such person to the
24    Department of Children and Family Services, or to the local
25    law enforcement agency if appropriate;
26        24. To develop a policy, based on the current state of

 

 

HB2381- 47 -LRB100 04698 JWD 14704 b

1    existing school facilities, projected enrollment and
2    efficient utilization of available resources, for capital
3    improvement of schools and school buildings within the
4    district, addressing in that policy both the relative
5    priority for major repairs, renovations and additions to
6    school facilities, and the advisability or necessity of
7    building new school facilities or closing existing schools
8    to meet current or projected demographic patterns within
9    the district;
10        25. To make available to the students in every high
11    school attendance center the ability to take all courses
12    necessary to comply with the Board of Higher Education's
13    college entrance criteria effective in 1993;
14        26. To encourage mid-career changes into the teaching
15    profession, whereby qualified professionals become
16    certified teachers, by allowing credit for professional
17    employment in related fields when determining point of
18    entry on teacher pay scale;
19        27. To provide or contract out training programs for
20    administrative personnel and principals with revised or
21    expanded duties pursuant to this Act in order to assure
22    they have the knowledge and skills to perform their duties;
23        28. To establish a fund for the prioritized special
24    needs programs, and to allocate such funds and other lump
25    sum amounts to each attendance center in a manner
26    consistent with the provisions of part 4 of Section 34-2.3.

 

 

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1    Nothing in this paragraph shall be construed to require any
2    additional appropriations of State funds for this purpose;
3        29. (Blank);
4        30. Notwithstanding any other provision of this Act or
5    any other law to the contrary, to contract with third
6    parties for services otherwise performed by employees,
7    including those in a bargaining unit, and to layoff those
8    employees upon 14 days written notice to the affected
9    employees. Those contracts may be for a period not to
10    exceed 5 years and may be awarded on a system-wide basis.
11    The board may not operate more than 30 contract schools,
12    provided that the board may operate an additional 5
13    contract turnaround schools pursuant to item (5.5) of
14    subsection (d) of Section 34-8.3 of this Code;
15        31. To promulgate rules establishing procedures
16    governing the layoff or reduction in force of employees and
17    the recall of such employees, including, but not limited
18    to, criteria for such layoffs, reductions in force or
19    recall rights of such employees and the weight to be given
20    to any particular criterion. Such criteria shall take into
21    account factors including, but not be limited to,
22    qualifications, certifications, experience, performance
23    ratings or evaluations, and any other factors relating to
24    an employee's job performance;
25        32. To develop a policy to prevent nepotism in the
26    hiring of personnel or the selection of contractors;

 

 

HB2381- 49 -LRB100 04698 JWD 14704 b

1        33. To enter into a partnership agreement, as required
2    by Section 34-3.5 of this Code, and, notwithstanding any
3    other provision of law to the contrary, to promulgate
4    policies, enter into contracts, and take any other action
5    necessary to accomplish the objectives and implement the
6    requirements of that agreement; and
7        34. To establish a Labor Management Council to the
8    board comprised of representatives of the board, the chief
9    executive officer, and those labor organizations that are
10    the exclusive representatives of employees of the board and
11    to promulgate policies and procedures for the operation of
12    the Council.
13    The specifications of the powers herein granted are not to
14be construed as exclusive but the board shall also exercise all
15other powers that they may be requisite or proper for the
16maintenance and the development of a public school system, not
17inconsistent with the other provisions of this Article or
18provisions of this Code which apply to all school districts.
19    In addition to the powers herein granted and authorized to
20be exercised by the board, it shall be the duty of the board to
21review or to direct independent reviews of special education
22expenditures and services. The board shall file a report of
23such review with the General Assembly on or before May 1, 1990.
24(Source: P.A. 99-143, eff. 7-27-15.)
 
25    Section 55. The Board of Higher Education Act is amended by

 

 

HB2381- 50 -LRB100 04698 JWD 14704 b

1changing Section 9.16 as follows:
 
2    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
3    Sec. 9.16. Underrepresentation of certain groups in higher
4education. To require public institutions of higher education
5to develop and implement methods and strategies to increase the
6participation of minorities, women and individuals with
7disabilities who are traditionally underrepresented in
8education programs and activities. For the purpose of this
9Section, minorities shall mean persons who are citizens of the
10United States or lawful permanent resident aliens of the United
11States and who are any of the following:
12        (1) Native American American Indian or Alaska Native (a
13    person having origins in any of the original peoples of
14    North and South America, including Central America, and who
15    maintains tribal affiliation or community attachment).
16        (2) Asian (a person having origins in any of the
17    original peoples of the Far East, Southeast Asia, or the
18    Indian subcontinent, including, but not limited to,
19    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
20    the Philippine Islands, Thailand, and Vietnam).
21        (3) Black or African American (a person having origins
22    in any of the black racial groups of Africa). Terms such as
23    "Haitian" or "Negro" can be used in addition to "Black or
24    African American".
25        (4) Hispanic or Latino (a person of Cuban, Mexican,

 

 

HB2381- 51 -LRB100 04698 JWD 14704 b

1    Puerto Rican, South or Central American, or other Spanish
2    culture or origin, regardless of race).
3        (5) Native Hawaiian or Other Pacific Islander (a person
4    having origins in any of the original peoples of Hawaii,
5    Guam, Samoa, or other Pacific Islands).
6    The Board shall adopt any rules necessary to administer
7this Section. The Board shall also do the following:
8    (a) require all public institutions of higher education to
9develop and submit plans for the implementation of this
10Section;
11    (b) conduct periodic review of public institutions of
12higher education to determine compliance with this Section; and
13if the Board finds that a public institution of higher
14education is not in compliance with this Section, it shall
15notify the institution of steps to take to attain compliance;
16    (c) provide advice and counsel pursuant to this Section;
17    (d) conduct studies of the effectiveness of methods and
18strategies designed to increase participation of students in
19education programs and activities in which minorities, women
20and individuals with disabilities are traditionally
21underrepresented, and monitor the success of students in such
22education programs and activities;
23    (e) encourage minority student recruitment and retention
24in colleges and universities. In implementing this paragraph,
25the Board shall undertake but need not be limited to the
26following: the establishment of guidelines and plans for public

 

 

HB2381- 52 -LRB100 04698 JWD 14704 b

1institutions of higher education for minority student
2recruitment and retention, the review and monitoring of
3minority student programs implemented at public institutions
4of higher education to determine their compliance with any
5guidelines and plans so established, the determination of the
6effectiveness and funding requirements of minority student
7programs at public institutions of higher education, the
8dissemination of successful programs as models, and the
9encouragement of cooperative partnerships between community
10colleges and local school attendance centers which are
11experiencing difficulties in enrolling minority students in
12four-year colleges and universities;
13    (f) mandate all public institutions of higher education to
14submit data and information essential to determine compliance
15with this Section. The Board shall prescribe the format and the
16date for submission of this data and any other education equity
17data; and
18    (g) report to the General Assembly and the Governor
19annually with a description of the plans submitted by each
20public institution of higher education for implementation of
21this Section, including financial data relating to the most
22recent fiscal year expenditures for specific minority
23programs, the effectiveness of such plans and programs and the
24effectiveness of the methods and strategies developed by the
25Board in meeting the purposes of this Section, the degree of
26compliance with this Section by each public institution of

 

 

HB2381- 53 -LRB100 04698 JWD 14704 b

1higher education as determined by the Board pursuant to its
2periodic review responsibilities, and the findings made by the
3Board in conducting its studies and monitoring student success
4as required by paragraph d) of this Section. With respect to
5each public institution of higher education such report also
6shall include, but need not be limited to, information with
7respect to each institution's minority program budget
8allocations; minority student admission, retention and
9graduation statistics; admission, retention, and graduation
10statistics of all students who are the first in their immediate
11family to attend an institution of higher education; number of
12financial assistance awards to undergraduate and graduate
13minority students; and minority faculty representation. This
14paragraph shall not be construed to prohibit the Board from
15making, preparing or issuing additional surveys or studies with
16respect to minority education in Illinois.
17(Source: P.A. 99-143, eff. 7-27-15.)
 
18    Section 60. The Dental Student Grant Act is amended by
19changing Section 3.07 as follows:
 
20    (110 ILCS 925/3.07)  (from Ch. 144, par. 1503.07)
21    Sec. 3.07. "Racial minority" means a person who is any of
22the following:
23        (1) Native American American Indian or Alaska Native (a
24    person having origins in any of the original peoples of

 

 

HB2381- 54 -LRB100 04698 JWD 14704 b

1    North and South America, including Central America, and who
2    maintains tribal affiliation or community attachment).
3        (2) Asian (a person having origins in any of the
4    original peoples of the Far East, Southeast Asia, or the
5    Indian subcontinent, including, but not limited to,
6    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
7    the Philippine Islands, Thailand, and Vietnam).
8        (3) Black or African American (a person having origins
9    in any of the black racial groups of Africa). Terms such as
10    "Haitian" or "Negro" can be used in addition to "Black or
11    African American".
12        (4) Hispanic or Latino (a person of Cuban, Mexican,
13    Puerto Rican, South or Central American, or other Spanish
14    culture or origin, regardless of race).
15        (5) Native Hawaiian or Other Pacific Islander (a person
16    having origins in any of the original peoples of Hawaii,
17    Guam, Samoa, or other Pacific Islands).
18(Source: P.A. 97-396, eff. 1-1-12.)
 
19    Section 65. The Diversifying Higher Education Faculty in
20Illinois Act is amended by changing Section 2 as follows:
 
21    (110 ILCS 930/2)  (from Ch. 144, par. 2302)
22    Sec. 2. Definitions. As used in this Act, unless the
23context otherwise requires:
24    "Board" means the Board of Higher Education.

 

 

HB2381- 55 -LRB100 04698 JWD 14704 b

1    "DFI" means the Diversifying Higher Education Faculty in
2Illinois Program of financial assistance to minorities who are
3traditionally underrepresented as participants in
4postsecondary education. The program shall assist them in
5pursuing a graduate or professional degree and shall also
6assist program graduates to find employment at an Illinois
7institution of higher education, including a community
8college, in a faculty or staff position.
9    "Program Board" means the entity created to administer the
10grant program authorized by this Act.
11    "Qualified institution of higher education" means a
12qualifying publicly or privately operated educational
13institution located within Illinois (i) that offers
14instruction leading toward or prerequisite to an academic or
15professional degree beyond the baccalaureate degree, excluding
16theological schools, and (ii) that is authorized to operate in
17the State of Illinois.
18    "Racial minority" means a person who is a citizen of the
19United States or a lawful permanent resident alien of the
20United States and who is any of the following:
21        (1) Native American American Indian or Alaska Native (a
22    person having origins in any of the original peoples of
23    North and South America, including Central America, and who
24    maintains tribal affiliation or community attachment).
25        (2) Asian (a person having origins in any of the
26    original peoples of the Far East, Southeast Asia, or the

 

 

HB2381- 56 -LRB100 04698 JWD 14704 b

1    Indian subcontinent, including, but not limited to,
2    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
3    the Philippine Islands, Thailand, and Vietnam).
4        (3) Black or African American (a person having origins
5    in any of the black racial groups of Africa). Terms such as
6    "Haitian" or "Negro" can be used in addition to "Black or
7    African American".
8        (4) Hispanic or Latino (a person of Cuban, Mexican,
9    Puerto Rican, South or Central American, or other Spanish
10    culture or origin, regardless of race).
11        (5) Native Hawaiian or Other Pacific Islander (a person
12    having origins in any of the original peoples of Hawaii,
13    Guam, Samoa, or other Pacific Islands).
14(Source: P.A. 97-396, eff. 1-1-12.)
 
15    Section 70. The Higher Education Student Assistance Act is
16amended by changing Sections 50 and 65.30 as follows:
 
17    (110 ILCS 947/50)
18    Sec. 50. Minority Teachers of Illinois scholarship
19program.
20    (a) As used in this Section:
21        "Eligible applicant" means a minority student who has
22    graduated from high school or has received a high school
23    equivalency certificate and has maintained a cumulative
24    grade point average of no less than 2.5 on a 4.0 scale, and

 

 

HB2381- 57 -LRB100 04698 JWD 14704 b

1    who by reason thereof is entitled to apply for scholarships
2    to be awarded under this Section.
3        "Minority student" means a student who is any of the
4    following:
5            (1) Native American American Indian or Alaska
6        Native (a person having origins in any of the original
7        peoples of North and South America, including Central
8        America, and who maintains tribal affiliation or
9        community attachment).
10            (2) Asian (a person having origins in any of the
11        original peoples of the Far East, Southeast Asia, or
12        the Indian subcontinent, including, but not limited
13        to, Cambodia, China, India, Japan, Korea, Malaysia,
14        Pakistan, the Philippine Islands, Thailand, and
15        Vietnam).
16            (3) Black or African American (a person having
17        origins in any of the black racial groups of Africa).
18        Terms such as "Haitian" or "Negro" can be used in
19        addition to "Black or African American".
20            (4) Hispanic or Latino (a person of Cuban, Mexican,
21        Puerto Rican, South or Central American, or other
22        Spanish culture or origin, regardless of race).
23            (5) Native Hawaiian or Other Pacific Islander (a
24        person having origins in any of the original peoples of
25        Hawaii, Guam, Samoa, or other Pacific Islands).
26        "Qualified student" means a person (i) who is a

 

 

HB2381- 58 -LRB100 04698 JWD 14704 b

1    resident of this State and a citizen or permanent resident
2    of the United States; (ii) who is a minority student, as
3    defined in this Section; (iii) who, as an eligible
4    applicant, has made a timely application for a minority
5    teaching scholarship under this Section; (iv) who is
6    enrolled on at least a half-time basis at a qualified
7    Illinois institution of higher learning; (v) who is
8    enrolled in a course of study leading to teacher
9    certification, including alternative teacher
10    certification; (vi) who maintains a grade point average of
11    no less than 2.5 on a 4.0 scale; and (vii) who continues to
12    advance satisfactorily toward the attainment of a degree.
13    (b) In order to encourage academically talented Illinois
14minority students to pursue teaching careers at the preschool
15or elementary or secondary school level, each qualified student
16shall be awarded a minority teacher scholarship to any
17qualified Illinois institution of higher learning. However,
18preference may be given to qualified applicants enrolled at or
19above the junior level.
20    (c) Each minority teacher scholarship awarded under this
21Section shall be in an amount sufficient to pay the tuition and
22fees and room and board costs of the qualified Illinois
23institution of higher learning at which the recipient is
24enrolled, up to an annual maximum of $5,000; except that in the
25case of a recipient who does not reside on-campus at the
26institution at which he or she is enrolled, the amount of the

 

 

HB2381- 59 -LRB100 04698 JWD 14704 b

1scholarship shall be sufficient to pay tuition and fee expenses
2and a commuter allowance, up to an annual maximum of $5,000.
3    (d) The total amount of minority teacher scholarship
4assistance awarded by the Commission under this Section to an
5individual in any given fiscal year, when added to other
6financial assistance awarded to that individual for that year,
7shall not exceed the cost of attendance at the institution at
8which the student is enrolled. If the amount of minority
9teacher scholarship to be awarded to a qualified student as
10provided in subsection (c) of this Section exceeds the cost of
11attendance at the institution at which the student is enrolled,
12the minority teacher scholarship shall be reduced by an amount
13equal to the amount by which the combined financial assistance
14available to the student exceeds the cost of attendance.
15    (e) The maximum number of academic terms for which a
16qualified student can receive minority teacher scholarship
17assistance shall be 8 semesters or 12 quarters.
18    (f) In any academic year for which an eligible applicant
19under this Section accepts financial assistance through the
20Paul Douglas Teacher Scholarship Program, as authorized by
21Section 551 et seq. of the Higher Education Act of 1965, the
22applicant shall not be eligible for scholarship assistance
23awarded under this Section.
24    (g) All applications for minority teacher scholarships to
25be awarded under this Section shall be made to the Commission
26on forms which the Commission shall provide for eligible

 

 

HB2381- 60 -LRB100 04698 JWD 14704 b

1applicants. The form of applications and the information
2required to be set forth therein shall be determined by the
3Commission, and the Commission shall require eligible
4applicants to submit with their applications such supporting
5documents or recommendations as the Commission deems
6necessary.
7    (h) Subject to a separate appropriation for such purposes,
8payment of any minority teacher scholarship awarded under this
9Section shall be determined by the Commission. All scholarship
10funds distributed in accordance with this subsection shall be
11paid to the institution and used only for payment of the
12tuition and fee and room and board expenses incurred by the
13student in connection with his or her attendance as an
14undergraduate student at a qualified Illinois institution of
15higher learning. Any minority teacher scholarship awarded
16under this Section shall be applicable to 2 semesters or 3
17quarters of enrollment. If a qualified student withdraws from
18enrollment prior to completion of the first semester or quarter
19for which the minority teacher scholarship is applicable, the
20school shall refund to the Commission the full amount of the
21minority teacher scholarship.
22    (i) The Commission shall administer the minority teacher
23scholarship aid program established by this Section and shall
24make all necessary and proper rules not inconsistent with this
25Section for its effective implementation.
26    (j) When an appropriation to the Commission for a given

 

 

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1fiscal year is insufficient to provide scholarships to all
2qualified students, the Commission shall allocate the
3appropriation in accordance with this subsection. If funds are
4insufficient to provide all qualified students with a
5scholarship as authorized by this Section, the Commission shall
6allocate the available scholarship funds for that fiscal year
7on the basis of the date the Commission receives a complete
8application form.
9    (k) Notwithstanding the provisions of subsection (j) or any
10other provision of this Section, at least 30% of the funds
11appropriated for scholarships awarded under this Section in
12each fiscal year shall be reserved for qualified male minority
13applicants. If the Commission does not receive enough
14applications from qualified male minorities on or before
15January 1 of each fiscal year to award 30% of the funds
16appropriated for these scholarships to qualified male minority
17applicants, then the Commission may award a portion of the
18reserved funds to qualified female minority applicants.
19    (l) Prior to receiving scholarship assistance for any
20academic year, each recipient of a minority teacher scholarship
21awarded under this Section shall be required by the Commission
22to sign an agreement under which the recipient pledges that,
23within the one-year period following the termination of the
24program for which the recipient was awarded a minority teacher
25scholarship, the recipient (i) shall begin teaching for a
26period of not less than one year for each year of scholarship

 

 

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1assistance he or she was awarded under this Section; and (ii)
2shall fulfill this teaching obligation at a nonprofit Illinois
3public, private, or parochial preschool, elementary school, or
4secondary school at which no less than 30% of the enrolled
5students are minority students in the year during which the
6recipient begins teaching at the school; and (iii) shall, upon
7request by the Commission, provide the Commission with evidence
8that he or she is fulfilling or has fulfilled the terms of the
9teaching agreement provided for in this subsection.
10    (m) If a recipient of a minority teacher scholarship
11awarded under this Section fails to fulfill the teaching
12obligation set forth in subsection (l) of this Section, the
13Commission shall require the recipient to repay the amount of
14the scholarships received, prorated according to the fraction
15of the teaching obligation not completed, at a rate of interest
16equal to 5%, and, if applicable, reasonable collection fees.
17The Commission is authorized to establish rules relating to its
18collection activities for repayment of scholarships under this
19Section. All repayments collected under this Section shall be
20forwarded to the State Comptroller for deposit into the State's
21General Revenue Fund.
22    (n) A recipient of minority teacher scholarship shall not
23be considered in violation of the agreement entered into
24pursuant to subsection (l) if the recipient (i) enrolls on a
25full time basis as a graduate student in a course of study
26related to the field of teaching at a qualified Illinois

 

 

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1institution of higher learning; (ii) is serving, not in excess
2of 3 years, as a member of the armed services of the United
3States; (iii) is a person with a temporary total disability for
4a period of time not to exceed 3 years as established by sworn
5affidavit of a qualified physician; (iv) is seeking and unable
6to find full time employment as a teacher at an Illinois
7public, private, or parochial preschool or elementary or
8secondary school that satisfies the criteria set forth in
9subsection (l) of this Section and is able to provide evidence
10of that fact; (v) becomes a person with a permanent total
11disability as established by sworn affidavit of a qualified
12physician; (vi) is taking additional courses, on at least a
13half-time basis, needed to obtain certification as a teacher in
14Illinois; or (vii) is fulfilling teaching requirements
15associated with other programs administered by the Commission
16and cannot concurrently fulfill them under this Section in a
17period of time equal to the length of the teaching obligation.
18    (o) Scholarship recipients under this Section who withdraw
19from a program of teacher education but remain enrolled in
20school to continue their postsecondary studies in another
21academic discipline shall not be required to commence repayment
22of their Minority Teachers of Illinois scholarship so long as
23they remain enrolled in school on a full-time basis or if they
24can document for the Commission special circumstances that
25warrant extension of repayment.
26(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
 

 

 

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1    (110 ILCS 947/65.30)
2    Sec. 65.30. Equal opportunity scholarships.
3    (a) The Commission may annually award a number of
4scholarships to students who are interested in pursuing studies
5in educational administration. Such scholarships shall be
6issued to students who make application to the Commission and
7who agree to take courses at qualified institutions of higher
8learning that will allow them to complete a degree in
9educational administration.
10    (b) Scholarships awarded under this Section shall be issued
11pursuant to regulations promulgated by the Commission;
12provided that no rule or regulation promulgated by the State
13Board of Education prior to the effective date of this
14amendatory Act of 1993 pursuant to the exercise of any right,
15power, duty, responsibility or matter of pending business
16transferred from the State Board of Education to the Commission
17under this Section shall be affected thereby, and all such
18rules and regulations shall become the rules and regulations of
19the Commission until modified or changed by the Commission in
20accordance with law.
21    (c) Such scholarships shall be utilized for the payment of
22tuition and non-revenue bond fees at any qualified institution
23of higher learning. Such tuition and fees shall only be
24available for courses that will enable the student to complete
25training in educational administration. The Commission shall

 

 

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1determine which courses are eligible for tuition payments under
2this Section.
3    (d) The Commission may make tuition payments directly to
4the qualified institution of higher learning which the student
5attends for the courses prescribed or may make payments to the
6student. Any student who receives payments and who fails to
7enroll in the courses prescribed shall refund the payments to
8the Commission.
9    (e) The Commission, with the cooperation of the State Board
10of Education, shall assist students who have participated in
11the scholarship program established by this Section in finding
12employment in positions relating to educational
13administration.
14    (f) Appropriations for the scholarships outlined in this
15Section shall be made to the Commission from funds appropriated
16by the General Assembly.
17    (g) This Section is substantially the same as Section 30-4d
18of the School Code, which Section is repealed by this
19amendatory Act of 1993, and shall be construed as a
20continuation of the equal opportunity scholarship program
21established under that prior law, and not as a new or different
22equal opportunity scholarship program. The State Board of
23Education shall transfer to the Commission, as the successor to
24the State Board of Education for all purposes of administering
25and implementing the provisions of this Section, all books,
26accounts, records, papers, documents, contracts, agreements,

 

 

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1and pending business in any way relating to the equal
2opportunity scholarship program continued under this Section;
3and all scholarships at any time awarded under that program by,
4and all applications for any such scholarship at any time made
5to, the State Board of Education shall be unaffected by the
6transfer to the Commission of all responsibility for the
7administration and implementation of the equal opportunity
8scholarship program continued under this Section. The State
9Board of Education shall furnish to the Commission such other
10information as the Commission may request to assist it in
11administering this Section.
12    (h) For purposes of this Section:
13        (1) "Qualified institution of higher learning" means
14    the University of Illinois; Southern Illinois University;
15    Chicago State University; Eastern Illinois University;
16    Governors State University; Illinois State University;
17    Northeastern Illinois University; Northern Illinois
18    University; Western Illinois University; the public
19    community colleges of the State; any other public
20    universities, colleges and community colleges now or
21    hereafter established or authorized by the General
22    Assembly; and any Illinois privately operated, not for
23    profit institution located in this State which provides at
24    least an organized 2-year program of collegiate grade in
25    liberal arts or sciences, or both, directly applicable
26    toward the attainment of a baccalaureate or graduate

 

 

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1    degree.
2        (2) "Racial minority" means a person who is any of the
3    following:
4            (1) Native American American Indian or Alaska
5        Native (a person having origins in any of the original
6        peoples of North and South America, including Central
7        America, and who maintains tribal affiliation or
8        community attachment).
9            (2) Asian (a person having origins in any of the
10        original peoples of the Far East, Southeast Asia, or
11        the Indian subcontinent, including, but not limited
12        to, Cambodia, China, India, Japan, Korea, Malaysia,
13        Pakistan, the Philippine Islands, Thailand, and
14        Vietnam).
15            (3) Black or African American (a person having
16        origins in any of the black racial groups of Africa).
17        Terms such as "Haitian" or "Negro" can be used in
18        addition to "Black or African American".
19            (4) Hispanic or Latino (a person of Cuban, Mexican,
20        Puerto Rican, South or Central American, or other
21        Spanish culture or origin, regardless of race).
22            (5) Native Hawaiian or Other Pacific Islander (a
23        person having origins in any of the original peoples of
24        Hawaii, Guam, Samoa, or other Pacific Islands).
25        (3) "Student" means a woman or racial minority.
26(Source: P.A. 97-396, eff. 1-1-12.)
 

 

 

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1    Section 75. The Illinois Insurance Code is amended by
2changing Section 500-50 as follows:
 
3    (215 ILCS 5/500-50)
4    (Section scheduled to be repealed on January 1, 2017)
5    Sec. 500-50. Insurance producers; examination statistics.
6    (a) The use of examinations for the purpose of determining
7qualifications of persons to be licensed as insurance producers
8has a direct and far-reaching effect on persons seeking those
9licenses, on insurance companies, and on the public. It is in
10the public interest and it will further the public welfare to
11insure that examinations for licensing do not have the effect
12of unlawfully discriminating against applicants for licensing
13as insurance producers on the basis of race, color, national
14origin, or sex.
15    (b) As used in this Section, the following words have the
16meanings given in this subsection.
17    Examination. "Examination" means the examination in each
18line of insurance administered pursuant to Section 500-30.
19    Examinee. "Examinee" means a person who takes an
20examination.
21    Part. "Part" means a portion of an examination for which a
22score is calculated.
23    Operational item. "Operational item" means a test question
24considered in determining an examinee's score.

 

 

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1    Test form. "Test form" means the test booklet or instrument
2used for a part of an examination.
3    Pretest item. "Pretest item" means a prospective test
4question that is included in a test form in order to assess its
5performance, but is not considered in determining an examinee's
6score.
7    Minority group or examinees. "Minority group" or "minority
8examinees" means examinees who are Native American American
9Indian or Alaska Native, Asian, Black or African American,
10Hispanic or Latino, or Native Hawaiian or Other Pacific
11Islander.
12    Correct-answer rate. "Correct-answer rate" for an item
13means the number of examinees who provided the correct answer
14on an item divided by the number of examinees who answered the
15item.
16    Correlation. "Correlation" means a statistical measure of
17the relationship between performance on an item and performance
18on a part of the examination.
19    (c) The Director shall ask each examinee to self-report on
20a voluntary basis on the answer sheet, application form, or by
21other appropriate means, the following information:
22        (1) race or ethnicity (Native American American Indian
23    or Alaska Native, Asian, Black or African American,
24    Hispanic or Latino, Native Hawaiian or Other Pacific
25    Islander, or White);
26        (2) education (8th grade or less; less than 12th grade;

 

 

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1    high school diploma or high school equivalency
2    certificate; some college, but no 4-year degree; or 4-year
3    degree or more); and
4        (3) gender (male or female).
5    The Director must advise all examinees that they are not
6required to provide this information, that they will not be
7penalized for not doing so, and that the Director will use the
8information provided exclusively for research and statistical
9purposes and to improve the quality and fairness of the
10examinations.
11    (d) No later than May 1 of each year, the Director must
12prepare, publicly announce, and publish an Examination Report
13of summary statistical information relating to each
14examination administered during the preceding calendar year.
15Each Examination Report shall show with respect to each
16examination:
17        (1) For all examinees combined and separately by race
18    or ethnicity, by educational level, by gender, by
19    educational level within race or ethnicity, by education
20    level within gender, and by race or ethnicity within
21    gender:
22            (A) number of examinees;
23            (B) percentage and number of examinees who passed
24        each part;
25            (C) percentage and number of examinees who passed
26        all parts;

 

 

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1            (D) mean scaled scores on each part; and
2            (E) standard deviation of scaled scores on each
3        part.
4        (2) For male examinees, female examinees, Black or
5    African American examinees, white examinees, Native
6    American American Indian or Alaska Native examinees, Asian
7    examinees, Hispanic or Latino examinees, and Native
8    Hawaiian or Other Pacific Islander, respectively, with a
9    high school diploma or high school equivalency
10    certificate, the distribution of scaled scores on each
11    part.
12    No later than May 1 of each year, the Director must prepare
13and make available on request an Item Report of summary
14statistical information relating to each operational item on
15each test form administered during the preceding calendar year.
16The Item Report shall show, for each operational item, for all
17examinees combined and separately for Black or African American
18examinees, white examinees, Native American American Indian or
19Alaska Native examinees, Asian examinees, Hispanic or Latino
20examinees, and Native Hawaiian or Other Pacific Islander, the
21correct-answer rates and correlations.
22    The Director is not required to report separate statistical
23information for any group or subgroup comprising fewer than 50
24examinees.
25    (e) The Director must obtain a regular analysis of the data
26collected under this Section, and any other relevant

 

 

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1information, for purposes of the development of new test forms.
2The analysis shall continue the implementation of the item
3selection methodology as recommended in the Final Report of the
4Illinois Insurance Producer's Licensing Examination Advisory
5Committee dated November 19, 1991, and filed with the
6Department unless some other methodology is determined by the
7Director to be as effective in minimizing differences between
8white and minority examinee pass-fail rates.
9    (f) The Director has the discretion to set cutoff scores
10for the examinations, provided that scaled scores on test forms
11administered after July 1, 1993, shall be made comparable to
12scaled scores on test forms administered in 1991 by use of
13professionally acceptable methods so as to minimize changes in
14passing rates related to the presence or absence of or changes
15in equating or scaling equations or methods or content
16outlines. Each calendar year, the scaled cutoff score for each
17part of each examination shall fluctuate by no more than the
18standard error of measurement from the scaled cutoff score
19employed during the preceding year.
20    (g) No later than May 1, 2003 and no later than May 1 of
21every fourth year thereafter, the Director must release to the
22public and make generally available one representative test
23form and set of answer keys for each part of each examination.
24    (h) The Director must maintain, for a period of 3 years
25after they are prepared or used, all registration forms, test
26forms, answer sheets, operational items and pretest items, item

 

 

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1analyses, and other statistical analyses relating to the
2examinations. All personal identifying information regarding
3examinees and the content of test items must be maintained
4confidentially as necessary for purposes of protecting the
5personal privacy of examinees and the maintenance of test
6security.
7    (i) In administering the examinations, the Director must
8make such accommodations for examinees with disabilities as are
9reasonably warranted by the particular disability involved,
10including the provision of additional time if necessary to
11complete an examination or special assistance in taking an
12examination.
13    (j) For the purposes of this Section:
14        (1) "Native American American Indian or Alaska Native"
15    means a person having origins in any of the original
16    peoples of North and South America, including Central
17    America, and who maintains tribal affiliation or community
18    attachment.
19        (2) "Asian" means a person having origins in any of the
20    original peoples of the Far East, Southeast Asia, or the
21    Indian subcontinent, including, but not limited to,
22    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
23    the Philippine Islands, Thailand, and Vietnam.
24        (3) "Black or African American" means a person having
25    origins in any of the black racial groups of Africa. Terms
26    such as "Haitian" or "Negro" can be used in addition to

 

 

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1    "Black or African American".
2        (4) "Hispanic or Latino" means a person of Cuban,
3    Mexican, Puerto Rican, South or Central American, or other
4    Spanish culture or origin, regardless of race.
5        (5) "Native Hawaiian or Other Pacific Islander" means a
6    person having origins in any of the original peoples of
7    Hawaii, Guam, Samoa, or other Pacific Islands.
8        (6) "White" means a person having origins in any of the
9    original peoples of Europe, the Middle East, or North
10    Africa.
11(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
12    Section 80. The Illinois Vehicle Code is amended by
13changing Section 11-212 as follows:
 
14    (625 ILCS 5/11-212)
15    (Section scheduled to be repealed on July 1, 2019)
16    Sec. 11-212. Traffic and pedestrian stop statistical
17study.
18    (a) Whenever a State or local law enforcement officer
19issues a uniform traffic citation or warning citation for an
20alleged violation of the Illinois Vehicle Code, he or she shall
21record at least the following:
22        (1) the name, address, gender, and the officer's
23    subjective determination of the race of the person stopped;
24    the person's race shall be selected from the following

 

 

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1    list: Native American American Indian or Alaska Native,
2    Asian, Black or African American, Hispanic or Latino,
3    Native Hawaiian or Other Pacific Islander, or White;
4        (2) the alleged traffic violation that led to the stop
5    of the motorist;
6        (3) the make and year of the vehicle stopped;
7        (4) the date and time of the stop, beginning when the
8    vehicle was stopped and ending when the driver is free to
9    leave or taken into physical custody;
10        (5) the location of the traffic stop;
11        (5.5) whether or not a consent search contemporaneous
12    to the stop was requested of the vehicle, driver,
13    passenger, or passengers; and, if so, whether consent was
14    given or denied;
15        (6) whether or not a search contemporaneous to the stop
16    was conducted of the vehicle, driver, passenger, or
17    passengers; and, if so, whether it was with consent or by
18    other means;
19        (6.2) whether or not a police dog performed a sniff of
20    the vehicle; and, if so, whether or not the dog alerted to
21    the presence of contraband; and, if so, whether or not an
22    officer searched the vehicle; and, if so, whether or not
23    contraband was discovered; and, if so, the type and amount
24    of contraband;
25        (6.5) whether or not contraband was found during a
26    search; and, if so, the type and amount of contraband

 

 

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1    seized; and
2        (7) the name and badge number of the issuing officer.
3    (b) Whenever a State or local law enforcement officer stops
4a motorist for an alleged violation of the Illinois Vehicle
5Code and does not issue a uniform traffic citation or warning
6citation for an alleged violation of the Illinois Vehicle Code,
7he or she shall complete a uniform stop card, which includes
8field contact cards, or any other existing form currently used
9by law enforcement containing information required pursuant to
10this Act, that records at least the following:
11        (1) the name, address, gender, and the officer's
12    subjective determination of the race of the person stopped;
13    the person's race shall be selected from the following
14    list: Native American American Indian or Alaska Native,
15    Asian, Black or African American, Hispanic or Latino,
16    Native Hawaiian or Other Pacific Islander, or White;
17        (2) the reason that led to the stop of the motorist;
18        (3) the make and year of the vehicle stopped;
19        (4) the date and time of the stop, beginning when the
20    vehicle was stopped and ending when the driver is free to
21    leave or taken into physical custody;
22        (5) the location of the traffic stop;
23        (5.5) whether or not a consent search contemporaneous
24    to the stop was requested of the vehicle, driver,
25    passenger, or passengers; and, if so, whether consent was
26    given or denied;

 

 

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1        (6) whether or not a search contemporaneous to the stop
2    was conducted of the vehicle, driver, passenger, or
3    passengers; and, if so, whether it was with consent or by
4    other means;
5        (6.2) whether or not a police dog performed a sniff of
6    the vehicle; and, if so, whether or not the dog alerted to
7    the presence of contraband; and, if so, whether or not an
8    officer searched the vehicle; and, if so, whether or not
9    contraband was discovered; and, if so, the type and amount
10    of contraband;
11        (6.5) whether or not contraband was found during a
12    search; and, if so, the type and amount of contraband
13    seized; and
14        (7) the name and badge number of the issuing officer.
15    (b-5) For purposes of this subsection (b-5), "detention"
16means all frisks, searches, summons, and arrests. Whenever a
17law enforcement officer subjects a pedestrian to detention in a
18public place, he or she shall complete a uniform pedestrian
19stop card, which includes any existing form currently used by
20law enforcement containing all the information required under
21this Section, that records at least the following:
22        (1) the gender, and the officer's subjective
23    determination of the race of the person stopped; the
24    person's race shall be selected from the following list:
25    Native American American Indian or Alaska Native, Asian,
26    Black or African American, Hispanic or Latino, Native

 

 

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1    Hawaiian or Other Pacific Islander, or White;
2        (2) all the alleged reasons that led to the stop of the
3    person;
4        (3) the date and time of the stop;
5        (4) the location of the stop;
6        (5) whether or not a protective pat down or frisk was
7    conducted of the person; and, if so, all the alleged
8    reasons that led to the protective pat down or frisk, and
9    whether it was with consent or by other means;
10        (6) whether or not contraband was found during the
11    protective pat down or frisk; and, if so, the type and
12    amount of contraband seized;
13        (7) whether or not a search beyond a protective pat
14    down or frisk was conducted of the person or his or her
15    effects; and, if so, all the alleged reasons that led to
16    the search, and whether it was with consent or by other
17    means;
18        (8) whether or not contraband was found during the
19    search beyond a protective pat down or frisk; and, if so,
20    the type and amount of contraband seized;
21        (9) the disposition of the stop, such as a warning, a
22    ticket, a summons, or an arrest;
23        (10) if a summons or ticket was issued, or an arrest
24    made, a record of the violations, offenses, or crimes
25    alleged or charged; and
26        (11) the name and badge number of the officer who

 

 

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1    conducted the detention.
2    This subsection (b-5) does not apply to searches or
3inspections for compliance authorized under the Fish and
4Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
5or searches or inspections during routine security screenings
6at facilities or events.
7    (c) The Illinois Department of Transportation shall
8provide a standardized law enforcement data compilation form on
9its website.
10    (d) Every law enforcement agency shall, by March 1 with
11regard to data collected during July through December of the
12previous calendar year and by August 1 with regard to data
13collected during January through June of the current calendar
14year, compile the data described in subsections (a), (b), and
15(b-5) on the standardized law enforcement data compilation form
16provided by the Illinois Department of Transportation and
17transmit the data to the Department.
18    (e) The Illinois Department of Transportation shall
19analyze the data provided by law enforcement agencies required
20by this Section and submit a report of the previous year's
21findings to the Governor, the General Assembly, the Racial
22Profiling Prevention and Data Oversight Board, and each law
23enforcement agency no later than July 1 of each year. The
24Illinois Department of Transportation may contract with an
25outside entity for the analysis of the data provided. In
26analyzing the data collected under this Section, the analyzing

 

 

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1entity shall scrutinize the data for evidence of statistically
2significant aberrations. The following list, which is
3illustrative, and not exclusive, contains examples of areas in
4which statistically significant aberrations may be found:
5        (1) The percentage of minority drivers, passengers, or
6    pedestrians being stopped in a given area is substantially
7    higher than the proportion of the overall population in or
8    traveling through the area that the minority constitutes.
9        (2) A substantial number of false stops including stops
10    not resulting in the issuance of a traffic ticket or the
11    making of an arrest.
12        (3) A disparity between the proportion of citations
13    issued to minorities and proportion of minorities in the
14    population.
15        (4) A disparity among the officers of the same law
16    enforcement agency with regard to the number of minority
17    drivers, passengers, or pedestrians being stopped in a
18    given area.
19        (5) A disparity between the frequency of searches
20    performed on minority drivers or pedestrians and the
21    frequency of searches performed on non-minority drivers or
22    pedestrians.
23    (f) Any law enforcement officer identification information
24and driver or pedestrian identification information that is
25compiled by any law enforcement agency or the Illinois
26Department of Transportation pursuant to this Act for the

 

 

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1purposes of fulfilling the requirements of this Section shall
2be confidential and exempt from public inspection and copying,
3as provided under Section 7 of the Freedom of Information Act,
4and the information shall not be transmitted to anyone except
5as needed to comply with this Section. This Section shall not
6exempt those materials that, prior to the effective date of
7this amendatory Act of the 93rd General Assembly, were
8available under the Freedom of Information Act. This subsection
9(f) shall not preclude law enforcement agencies from reviewing
10data to perform internal reviews.
11    (g) Funding to implement this Section shall come from
12federal highway safety funds available to Illinois, as directed
13by the Governor.
14    (h) The Illinois Department of Transportation, in
15consultation with law enforcement agencies, officials, and
16organizations, including Illinois chiefs of police, the
17Department of State Police, the Illinois Sheriffs Association,
18and the Chicago Police Department, and community groups and
19other experts, shall undertake a study to determine the best
20use of technology to collect, compile, and analyze the traffic
21stop statistical study data required by this Section. The
22Department shall report its findings and recommendations to the
23Governor and the General Assembly by March 1, 2004.
24    (h-5) For purposes of this Section:
25        (1) "Native American American Indian or Alaska Native"
26    means a person having origins in any of the original

 

 

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1    peoples of North and South America, including Central
2    America, and who maintains tribal affiliation or community
3    attachment.
4        (2) "Asian" means a person having origins in any of the
5    original peoples of the Far East, Southeast Asia, or the
6    Indian subcontinent, including, but not limited to,
7    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
8    the Philippine Islands, Thailand, and Vietnam.
9        (2.5) "Badge" means an officer's department issued
10    identification number associated with his or her position
11    as a police officer with that department.
12        (3) "Black or African American" means a person having
13    origins in any of the black racial groups of Africa. Terms
14    such as "Haitian" or "Negro" can be used in addition to
15    "Black or African American".
16        (4) "Hispanic or Latino" means a person of Cuban,
17    Mexican, Puerto Rican, South or Central American, or other
18    Spanish culture or origin, regardless of race.
19        (5) "Native Hawaiian or Other Pacific Islander" means a
20    person having origins in any of the original peoples of
21    Hawaii, Guam, Samoa, or other Pacific Islands.
22        (6) "White" means a person having origins in any of the
23    original peoples of Europe, the Middle East, or North
24    Africa.
25    (i) This Section is repealed on July 1, 2019.
26(Source: P.A. 98-686, eff. 6-30-14; 99-352, eff. 1-1-16.)
 

 

 

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1    Section 85. The Criminal Code of 2012 is amended by
2changing Section 17-10.2 as follows:
 
3    (720 ILCS 5/17-10.2)  (was 720 ILCS 5/17-29)
4    Sec. 17-10.2. Businesses owned by minorities, females, and
5persons with disabilities; fraudulent contracts with
6governmental units.
7    (a) In this Section:
8        "Minority person" means a person who is any of the
9    following:
10        (1) Native American American Indian or Alaska Native (a
11    person having origins in any of the original peoples of
12    North and South America, including Central America, and who
13    maintains tribal affiliation or community attachment).
14        (2) Asian (a person having origins in any of the
15    original peoples of the Far East, Southeast Asia, or the
16    Indian subcontinent, including, but not limited to,
17    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
18    the Philippine Islands, Thailand, and Vietnam).
19        (3) Black or African American (a person having origins
20    in any of the black racial groups of Africa). Terms such as
21    "Haitian" or "Negro" can be used in addition to "Black or
22    African American".
23        (4) Hispanic or Latino (a person of Cuban, Mexican,
24    Puerto Rican, South or Central American, or other Spanish

 

 

HB2381- 84 -LRB100 04698 JWD 14704 b

1    culture or origin, regardless of race).
2        (5) Native Hawaiian or Other Pacific Islander (a person
3    having origins in any of the original peoples of Hawaii,
4    Guam, Samoa, or other Pacific Islands).
5        "Female" means a person who is of the female gender.
6        "Person with a disability" means a person who is a
7    person qualifying as having a disability.
8        "Disability" means a severe physical or mental
9    disability that: (1) results from: amputation, arthritis,
10    autism, blindness, burn injury, cancer, cerebral palsy,
11    cystic fibrosis, deafness, head injury, heart disease,
12    hemiplegia, hemophilia, respiratory or pulmonary
13    dysfunction, an intellectual disability, mental illness,
14    multiple sclerosis, muscular dystrophy, musculoskeletal
15    disorders, neurological disorders, including stroke and
16    epilepsy, paraplegia, quadriplegia and other spinal cord
17    conditions, sickle cell anemia, specific learning
18    disabilities, or end stage renal failure disease; and (2)
19    substantially limits one or more of the person's major life
20    activities.
21        "Minority owned business" means a business concern
22    that is at least 51% owned by one or more minority persons,
23    or in the case of a corporation, at least 51% of the stock
24    in which is owned by one or more minority persons; and the
25    management and daily business operations of which are
26    controlled by one or more of the minority individuals who

 

 

HB2381- 85 -LRB100 04698 JWD 14704 b

1    own it.
2        "Female owned business" means a business concern that
3    is at least 51% owned by one or more females, or, in the
4    case of a corporation, at least 51% of the stock in which
5    is owned by one or more females; and the management and
6    daily business operations of which are controlled by one or
7    more of the females who own it.
8        "Business owned by a person with a disability" means a
9    business concern that is at least 51% owned by one or more
10    persons with a disability and the management and daily
11    business operations of which are controlled by one or more
12    of the persons with disabilities who own it. A
13    not-for-profit agency for persons with disabilities that
14    is exempt from taxation under Section 501 of the Internal
15    Revenue Code of 1986 is also considered a "business owned
16    by a person with a disability".
17        "Governmental unit" means the State, a unit of local
18    government, or school district.
19    (b) In addition to any other penalties imposed by law or by
20an ordinance or resolution of a unit of local government or
21school district, any individual or entity that knowingly
22obtains, or knowingly assists another to obtain, a contract
23with a governmental unit, or a subcontract or written
24commitment for a subcontract under a contract with a
25governmental unit, by falsely representing that the individual
26or entity, or the individual or entity assisted, is a minority

 

 

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1owned business, female owned business, or business owned by a
2person with a disability is guilty of a Class 2 felony,
3regardless of whether the preference for awarding the contract
4to a minority owned business, female owned business, or
5business owned by a person with a disability was established by
6statute or by local ordinance or resolution.
7    (c) In addition to any other penalties authorized by law,
8the court shall order that an individual or entity convicted of
9a violation of this Section must pay to the governmental unit
10that awarded the contract a penalty equal to one and one-half
11times the amount of the contract obtained because of the false
12representation.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    Section 90. The Illinois Human Rights Act is amended by
15changing Section 2-105 as follows:
 
16    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
17    Sec. 2-105. Equal Employment Opportunities; Affirmative
18Action.
19    (A) Public Contracts. Every party to a public contract and
20every eligible bidder shall:
21        (1) Refrain from unlawful discrimination and
22    discrimination based on citizenship status in employment
23    and undertake affirmative action to assure equality of
24    employment opportunity and eliminate the effects of past

 

 

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1    discrimination;
2        (2) Comply with the procedures and requirements of the
3    Department's regulations concerning equal employment
4    opportunities and affirmative action;
5        (3) Provide such information, with respect to its
6    employees and applicants for employment, and assistance as
7    the Department may reasonably request;
8        (4) Have written sexual harassment policies that shall
9    include, at a minimum, the following information: (i) the
10    illegality of sexual harassment; (ii) the definition of
11    sexual harassment under State law; (iii) a description of
12    sexual harassment, utilizing examples; (iv) the vendor's
13    internal complaint process including penalties; (v) the
14    legal recourse, investigative and complaint process
15    available through the Department and the Commission; (vi)
16    directions on how to contact the Department and Commission;
17    and (vii) protection against retaliation as provided by
18    Section 6-101 of this Act. A copy of the policies shall be
19    provided to the Department upon request.
20    (B) State Agencies. Every State executive department,
21State agency, board, commission, and instrumentality shall:
22        (1) Comply with the procedures and requirements of the
23    Department's regulations concerning equal employment
24    opportunities and affirmative action;
25        (2) Provide such information and assistance as the
26    Department may request.

 

 

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1        (3) Establish, maintain, and carry out a continuing
2    affirmative action plan consistent with this Act and the
3    regulations of the Department designed to promote equal
4    opportunity for all State residents in every aspect of
5    agency personnel policy and practice. For purposes of these
6    affirmative action plans, the race and national origin
7    categories to be included in the plans are: Native American
8    American Indian or Alaska Native, Asian, Black or African
9    American, Hispanic or Latino, Native Hawaiian or Other
10    Pacific Islander.
11        This plan shall include a current detailed status
12    report:
13            (a) indicating, by each position in State service,
14        the number, percentage, and average salary of
15        individuals employed by race, national origin, sex and
16        disability, and any other category that the Department
17        may require by rule;
18            (b) identifying all positions in which the
19        percentage of the people employed by race, national
20        origin, sex and disability, and any other category that
21        the Department may require by rule, is less than
22        four-fifths of the percentage of each of those
23        components in the State work force;
24            (c) specifying the goals and methods for
25        increasing the percentage by race, national origin,
26        sex and disability, and any other category that the

 

 

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1        Department may require by rule, in State positions;
2            (d) indicating progress and problems toward
3        meeting equal employment opportunity goals, including,
4        if applicable, but not limited to, Department of
5        Central Management Services recruitment efforts,
6        publicity, promotions, and use of options designating
7        positions by linguistic abilities;
8            (e) establishing a numerical hiring goal for the
9        employment of qualified persons with disabilities in
10        the agency as a whole, to be based on the proportion of
11        people with work disabilities in the Illinois labor
12        force as reflected in the most recent decennial Census.
13        (4) If the agency has 1000 or more employees, appoint a
14    full-time Equal Employment Opportunity officer, subject to
15    the Department's approval, whose duties shall include:
16            (a) Advising the head of the particular State
17        agency with respect to the preparation of equal
18        employment opportunity programs, procedures,
19        regulations, reports, and the agency's affirmative
20        action plan.
21            (b) Evaluating in writing each fiscal year the
22        sufficiency of the total agency program for equal
23        employment opportunity and reporting thereon to the
24        head of the agency with recommendations as to any
25        improvement or correction in recruiting, hiring or
26        promotion needed, including remedial or disciplinary

 

 

HB2381- 90 -LRB100 04698 JWD 14704 b

1        action with respect to managerial or supervisory
2        employees who have failed to cooperate fully or who are
3        in violation of the program.
4            (c) Making changes in recruitment, training and
5        promotion programs and in hiring and promotion
6        procedures designed to eliminate discriminatory
7        practices when authorized.
8            (d) Evaluating tests, employment policies,
9        practices and qualifications and reporting to the head
10        of the agency and to the Department any policies,
11        practices and qualifications that have unequal impact
12        by race, national origin as required by Department
13        rule, sex or disability or any other category that the
14        Department may require by rule, and to assist in the
15        recruitment of people in underrepresented
16        classifications. This function shall be performed in
17        cooperation with the State Department of Central
18        Management Services.
19            (e) Making any aggrieved employee or applicant for
20        employment aware of his or her remedies under this Act.
21            In any meeting, investigation, negotiation,
22        conference, or other proceeding between a State
23        employee and an Equal Employment Opportunity officer,
24        a State employee (1) who is not covered by a collective
25        bargaining agreement and (2) who is the complaining
26        party or the subject of such proceeding may be

 

 

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1        accompanied, advised and represented by (1) an
2        attorney licensed to practice law in the State of
3        Illinois or (2) a representative of an employee
4        organization whose membership is composed of employees
5        of the State and of which the employee is a member. A
6        representative of an employee, other than an attorney,
7        may observe but may not actively participate, or advise
8        the State employee during the course of such meeting,
9        investigation, negotiation, conference or other
10        proceeding. Nothing in this Section shall be construed
11        to permit any person who is not licensed to practice
12        law in Illinois to deliver any legal services or
13        otherwise engage in any activities that would
14        constitute the unauthorized practice of law. Any
15        representative of an employee who is present with the
16        consent of the employee, shall not, during or after
17        termination of the relationship permitted by this
18        Section with the State employee, use or reveal any
19        information obtained during the course of the meeting,
20        investigation, negotiation, conference or other
21        proceeding without the consent of the complaining
22        party and any State employee who is the subject of the
23        proceeding and pursuant to rules and regulations
24        governing confidentiality of such information as
25        promulgated by the appropriate State agency.
26        Intentional or reckless disclosure of information in

 

 

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1        violation of these confidentiality requirements shall
2        constitute a Class B misdemeanor.
3        (5) Establish, maintain and carry out a continuing
4    sexual harassment program that shall include the
5    following:
6            (a) Develop a written sexual harassment policy
7        that includes at a minimum the following information:
8        (i) the illegality of sexual harassment; (ii) the
9        definition of sexual harassment under State law; (iii)
10        a description of sexual harassment, utilizing
11        examples; (iv) the agency's internal complaint process
12        including penalties; (v) the legal recourse,
13        investigative and complaint process available through
14        the Department and the Commission; (vi) directions on
15        how to contact the Department and Commission; and (vii)
16        protection against retaliation as provided by Section
17        6-101 of this Act. The policy shall be reviewed
18        annually.
19            (b) Post in a prominent and accessible location and
20        distribute in a manner to assure notice to all agency
21        employees without exception the agency's sexual
22        harassment policy. Such documents may meet, but shall
23        not exceed, the 6th grade literacy level. Distribution
24        shall be effectuated within 90 days of the effective
25        date of this amendatory Act of 1992 and shall occur
26        annually thereafter.

 

 

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1            (c) Provide training on sexual harassment
2        prevention and the agency's sexual harassment policy
3        as a component of all ongoing or new employee training
4        programs.
5        (6) Notify the Department 30 days before effecting any
6    layoff. Once notice is given, the following shall occur:
7            (a) No layoff may be effective earlier than 10
8        working days after notice to the Department, unless an
9        emergency layoff situation exists.
10            (b) The State executive department, State agency,
11        board, commission, or instrumentality in which the
12        layoffs are to occur must notify each employee targeted
13        for layoff, the employee's union representative (if
14        applicable), and the State Dislocated Worker Unit at
15        the Department of Commerce and Economic Opportunity.
16            (c) The State executive department, State agency,
17        board, commission, or instrumentality in which the
18        layoffs are to occur must conform to applicable
19        collective bargaining agreements.
20            (d) The State executive department, State agency,
21        board, commission, or instrumentality in which the
22        layoffs are to occur should notify each employee
23        targeted for layoff that transitional assistance may
24        be available to him or her under the Economic
25        Dislocation and Worker Adjustment Assistance Act
26        administered by the Department of Commerce and

 

 

HB2381- 94 -LRB100 04698 JWD 14704 b

1        Economic Opportunity. Failure to give such notice
2        shall not invalidate the layoff or postpone its
3        effective date.
4     As used in this subsection (B), "disability" shall be
5defined in rules promulgated under the Illinois Administrative
6Procedure Act.
7    (C) Civil Rights Violations. It is a civil rights violation
8for any public contractor or eligible bidder to:
9        (1) fail to comply with the public contractor's or
10    eligible bidder's duty to refrain from unlawful
11    discrimination and discrimination based on citizenship
12    status in employment under subsection (A)(1) of this
13    Section; or
14        (2) fail to comply with the public contractor's or
15    eligible bidder's duties of affirmative action under
16    subsection (A) of this Section, provided however, that the
17    Department has notified the public contractor or eligible
18    bidder in writing by certified mail that the public
19    contractor or eligible bidder may not be in compliance with
20    affirmative action requirements of subsection (A). A
21    minimum of 60 days to comply with the requirements shall be
22    afforded to the public contractor or eligible bidder before
23    the Department may issue formal notice of non-compliance.
24    (D) As used in this Section:
25        (1) "Native American American Indian or Alaska Native"
26    means a person having origins in any of the original

 

 

HB2381- 95 -LRB100 04698 JWD 14704 b

1    peoples of North and South America, including Central
2    America, and who maintains tribal affiliation or community
3    attachment.
4        (2) "Asian" means a person having origins in any of the
5    original peoples of the Far East, Southeast Asia, or the
6    Indian subcontinent, including, but not limited to,
7    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
8    the Philippine Islands, Thailand, and Vietnam.
9        (3) "Black or African American" means a person having
10    origins in any of the black racial groups of Africa. Terms
11    such as "Haitian" or "Negro" can be used in addition to
12    "Black or African American".
13        (4) "Hispanic or Latino" means a person of Cuban,
14    Mexican, Puerto Rican, South or Central American, or other
15    Spanish culture or origin, regardless of race.
16        (5) "Native Hawaiian or Other Pacific Islander" means a
17    person having origins in any of the original peoples of
18    Hawaii, Guam, Samoa, or other Pacific Islands.
19(Source: P.A. 97-396, eff. 1-1-12.)
 
20    Section 96. No revival or extension. This Act does not
21revive or extend any Section or Act otherwise repealed.