Illinois General Assembly - Full Text of HB3768
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3768  103rd General Assembly


Rep. Abdelnasser Rashid

Filed: 3/6/2023





10300HB3768ham001LRB103 31015 DTM 58517 a


2    AMENDMENT NO. ______. Amend House Bill 3768 by replacing
3everything after the enacting clause with the following:
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



10300HB3768ham001- 2 -LRB103 31015 DTM 58517 a

1offices of the constitutional officers identified in Article V
2of the Illinois Constitution, executive agencies, and
3departments, boards, commissions, and authorities under the
5(Source: P.A. 98-982, eff. 8-18-14.)
6    Section 10. The Data Governance and Organization to
7Support Equity and Racial Justice Act is amended by changing
8Section 20-15 as follows:
9    (20 ILCS 65/20-15)
10    Sec. 20-15. Data Governance and Organization to Support
11Equity and Racial Justice.
12    (a) On or before July 1, 2022 and each July 1 thereafter,
13the Board and the Department shall report statistical data on
14the racial, ethnic, age, sex, disability status, sexual
15orientation, gender identity, and primary or preferred
16language demographics of program participants for each major
17program administered by the Board or the Department. Except as
18provided in subsection (b), when reporting the data required
19under this Section, the Board or the Department shall use the
20same racial and ethnic classifications for each program, which
21shall include, but not be limited to, the following:
22        (1) American Indian and Alaska Native alone.
23        (2) Asian alone.
24        (3) Black or African American alone.



10300HB3768ham001- 3 -LRB103 31015 DTM 58517 a

1        (4) Hispanic or Latino of any race.
2        (5) Native Hawaiian and Other Pacific Islander alone.
3        (6) White alone.
4        (7) Middle Eastern or North African.
5        (8) (7) Some other race alone.
6        (9) (8) Two or more races.
7    The Board and the Department may further define, by rule,
8the racial and ethnic classifications, including, if
9necessary, a classification of "No Race Specified".
10    (b) (c) If a program administered by the Board or the
11Department is subject to federal reporting requirements that
12include the collection and public reporting of statistical
13data on the racial and ethnic demographics of program
14participants, the Department may maintain the same racial and
15ethnic classifications used under the federal requirements if
16such classifications differ from the classifications listed in
17subsection (a).
18    (c) (d) The Department of Innovation and Technology shall
19assist the Board and the Department by establishing common
20technological processes and procedures for the Board and the
21Department to:
22        (1) Catalog data.
23        (2) Identify similar fields in datasets.
24        (3) Manage data requests.
25        (4) Share data.
26        (5) Collect data.



10300HB3768ham001- 4 -LRB103 31015 DTM 58517 a

1        (6) Improve and clean data.
2        (7) Match data across the Board and Departments.
3        (8) Develop research and analytic agendas.
4        (9) Report on program participation disaggregated by
5    race and ethnicity.
6        (10) Evaluate equitable outcomes for underserved
7    populations in Illinois.
8        (11) Define common roles for data management.
9        (12) Ensure that all major programs can report
10    disaggregated data by race, ethnicity, age, sex,
11    disability status, sexual orientation, and gender
12    identity, and primary or preferred language.
13    The Board and the Department shall use the common
14technological processes and procedures established by the
15Department of Innovation and Technology.
16    (d) (e) If the Board or the Department is unable to begin
17reporting the data required by subsection (a) by July 1, 2022,
18the Board or the Department shall state the reasons for the
19delay under the reporting requirements.
20    (e) (f) By no later than March 31, 2022, the Board and the
21Department shall provide a progress report to the General
22Assembly to disclose: (i) the programs and datasets that have
23been cataloged for which race, ethnicity, age, sex, disability
24status, sexual orientation, gender identity, and primary or
25preferred language have been standardized; and (ii) to the
26extent possible, the datasets and programs that are



10300HB3768ham001- 5 -LRB103 31015 DTM 58517 a

1outstanding for each agency and the datasets that are planned
2for the upcoming year. On or before March 31, 2023, and each
3year thereafter, the Board and the Department Departments
4shall provide an updated report to the General Assembly.
5    (f) (g) By no later than October 31, 2021, the Governor's
6Office shall provide a plan to establish processes for input
7from the Board and the Department into processes outlined in
8subsection (c) (b). The plan shall incorporate ongoing efforts
9at data interoperability within the Department and the
10governance established to support the P-20 Longitudinal
11Education Data System enacted by Public Act 96-107.
12    (g) (h) Nothing in this Section shall be construed to
13limit the rights granted to individuals or data sharing
14protections established under existing State and federal data
15privacy and security laws.
16(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21;
17revised 2-4-23.)".