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




HB3768 EnrolledLRB103 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.
8    (a) Notwithstanding any other provision of law, except as
9otherwise required by federal law or regulation, whenever a
10State agency is required by law to compile or report
11statistical data using racial or ethnic classifications, that
12State agency shall use the following classifications: (i)
13White; (ii) Black or African American; (iii) American Indian
14or Alaska Native; (iv) Asian; (v) Native Hawaiian or Other
15Pacific Islander; or (vi) Hispanic or Latino ; or (vii) Middle
16Eastern or North African.
17    (b) A State agency is not required to use the
18classification added to this Section by this amendatory Act of
19the 103rd General Assembly for reporting workforce or hiring
20data until after July 1, 2025.
21    (c) For the purposes of this Act, "State agency" means the
22offices of the constitutional officers identified in Article V
23of the Illinois Constitution, executive agencies, and



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



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



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



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