Illinois General Assembly - Full Text of HB3768
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Full Text of HB3768  103rd General Assembly




HB3768 EngrossedLRB103 31015 DTM 57630 b

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



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1Support Equity and Racial Justice Act is amended by changing
2Section 20-15 as follows:
3    (20 ILCS 65/20-15)
4    Sec. 20-15. Data Governance and Organization to Support
5Equity and Racial Justice.
6    (a) On or before July 1, 2022 and each July 1 thereafter,
7the Board and the Department shall report statistical data on
8the racial, ethnic, age, sex, disability status, sexual
9orientation, gender identity, and primary or preferred
10language demographics of program participants for each major
11program administered by the Board or the Department. Except as
12provided in subsection (b), when reporting the data required
13under this Section, the Board or the Department shall use the
14same racial and ethnic classifications for each program, which
15shall include, but not be limited to, the following:
16        (1) American Indian and Alaska Native alone.
17        (2) Asian alone.
18        (3) Black or African American alone.
19        (4) Hispanic or Latino of any race.
20        (5) Native Hawaiian and Other Pacific Islander alone.
21        (6) White alone.
22        (7) Middle Eastern or North African.
23        (8) (7) Some other race alone.
24        (9) (8) Two or more races.
25    The Board and the Department may further define, by rule,



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1the racial and ethnic classifications, including, if
2necessary, a classification of "No Race Specified".
3    (b) (c) If a program administered by the Board or the
4Department is subject to federal reporting requirements that
5include the collection and public reporting of statistical
6data on the racial and ethnic demographics of program
7participants, the Department may maintain the same racial and
8ethnic classifications used under the federal requirements if
9such classifications differ from the classifications listed in
10subsection (a).
11    (c) (d) The Department of Innovation and Technology shall
12assist the Board and the Department by establishing common
13technological processes and procedures for the Board and the
14Department to:
15        (1) Catalog data.
16        (2) Identify similar fields in datasets.
17        (3) Manage data requests.
18        (4) Share data.
19        (5) Collect data.
20        (6) Improve and clean data.
21        (7) Match data across the Board and Departments.
22        (8) Develop research and analytic agendas.
23        (9) Report on program participation disaggregated by
24    race and ethnicity.
25        (10) Evaluate equitable outcomes for underserved
26    populations in Illinois.



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1        (11) Define common roles for data management.
2        (12) Ensure that all major programs can report
3    disaggregated data by race, ethnicity, age, sex,
4    disability status, sexual orientation, and gender
5    identity, and primary or preferred language.
6    The Board and the Department shall use the common
7technological processes and procedures established by the
8Department of Innovation and Technology.
9    (d) (e) If the Board or the Department is unable to begin
10reporting the data required by subsection (a) by July 1, 2022,
11the Board or the Department shall state the reasons for the
12delay under the reporting requirements.
13    (e) (f) By no later than March 31, 2022, the Board and the
14Department shall provide a progress report to the General
15Assembly to disclose: (i) the programs and datasets that have
16been cataloged for which race, ethnicity, age, sex, disability
17status, sexual orientation, gender identity, and primary or
18preferred language have been standardized; and (ii) to the
19extent possible, the datasets and programs that are
20outstanding for each agency and the datasets that are planned
21for the upcoming year. On or before March 31, 2023, and each
22year thereafter, the Board and the Department Departments
23shall provide an updated report to the General Assembly.
24    (f) (g) By no later than October 31, 2021, the Governor's
25Office shall provide a plan to establish processes for input
26from the Board and the Department into processes outlined in



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1subsection (c) (b). The plan shall incorporate ongoing efforts
2at data interoperability within the Department and the
3governance established to support the P-20 Longitudinal
4Education Data System enacted by Public Act 96-107.
5    (g) (h) Nothing in this Section shall be construed to
6limit the rights granted to individuals or data sharing
7protections established under existing State and federal data
8privacy and security laws.
9(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21;
10revised 2-4-23.)