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


Sen. Ram Villivalam

Filed: 4/19/2023





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2    AMENDMENT NO. ______. Amend House Bill 3768, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Uniform Racial Classification Act is
6amended by changing Section 5 as follows:
7    (20 ILCS 50/5)
8    Sec. 5. Uniform racial classification.
9    (a) Notwithstanding any other provision of law, except as
10otherwise required by federal law or regulation, whenever a
11State agency is required by law to compile or report
12statistical data using racial or ethnic classifications, that
13State agency shall use the following classifications: (i)
14White; (ii) Black or African American; (iii) American Indian
15or Alaska Native; (iv) Asian; (v) Native Hawaiian or Other
16Pacific Islander; or (vi) Hispanic or Latino ; or (vii) Middle



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1Eastern or North African.
2    (b) A State agency is not required to use the
3classification added to this Section by this amendatory Act of
4the 103rd General Assembly for reporting workforce or hiring
5data until after July 1, 2025.
6    (c) For the purposes of this Act, "State agency" means the
7offices of the constitutional officers identified in Article V
8of the Illinois Constitution, executive agencies, and
9departments, boards, commissions, and authorities under the
11(Source: P.A. 98-982, eff. 8-18-14.)
12    Section 10. The Data Governance and Organization to
13Support Equity and Racial Justice Act is amended by changing
14Section 20-15 as follows:
15    (20 ILCS 65/20-15)
16    Sec. 20-15. Data Governance and Organization to Support
17Equity and Racial Justice.
18    (a) On or before July 1, 2022 and each July 1 thereafter,
19the Board and the Department shall report statistical data on
20the racial, ethnic, age, sex, disability status, sexual
21orientation, gender identity, and primary or preferred
22language demographics of program participants for each major
23program administered by the Board or the Department. Except as
24provided in subsection (b), when reporting the data required



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1under this Section, the Board or the Department shall use the
2same racial and ethnic classifications for each program, which
3shall include, but not be limited to, the following:
4        (1) American Indian and Alaska Native alone.
5        (2) Asian alone.
6        (3) Black or African American alone.
7        (4) Hispanic or Latino of any race.
8        (5) Native Hawaiian and Other Pacific Islander alone.
9        (6) White alone.
10        (7) Middle Eastern or North African.
11        (8) (7) Some other race alone.
12        (9) (8) Two or more races.
13    The Board and the Department may further define, by rule,
14the racial and ethnic classifications, including, if
15necessary, a classification of "No Race Specified".
16    (b) (c) If a program administered by the Board or the
17Department is subject to federal reporting requirements that
18include the collection and public reporting of statistical
19data on the racial and ethnic demographics of program
20participants, the Department may maintain the same racial and
21ethnic classifications used under the federal requirements if
22such classifications differ from the classifications listed in
23subsection (a).
24    (c) (d) The Department of Innovation and Technology shall
25assist the Board and the Department by establishing common
26technological processes and procedures for the Board and the



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



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1Department shall provide a progress report to the General
2Assembly to disclose: (i) the programs and datasets that have
3been cataloged for which race, ethnicity, age, sex, disability
4status, sexual orientation, gender identity, and primary or
5preferred language have been standardized; and (ii) to the
6extent possible, the datasets and programs that are
7outstanding for each agency and the datasets that are planned
8for the upcoming year. On or before March 31, 2023, and each
9year thereafter, the Board and the Department Departments
10shall provide an updated report to the General Assembly.
11    (f) (g) By no later than October 31, 2021, the Governor's
12Office shall provide a plan to establish processes for input
13from the Board and the Department into processes outlined in
14subsection (c) (b). The plan shall incorporate ongoing efforts
15at data interoperability within the Department and the
16governance established to support the P-20 Longitudinal
17Education Data System enacted by Public Act 96-107.
18    (g) (h) Nothing in this Section shall be construed to
19limit the rights granted to individuals or data sharing
20protections established under existing State and federal data
21privacy and security laws.
22(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21;
23revised 2-4-23.)".