Public Act 103-0935
 
SB2968 EnrolledLRB103 38116 SPS 68248 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Data Governance and Organization to Support 
Equity and Racial Justice Act is amended by changing Section 
20-15 as follows:
 
    (20 ILCS 65/20-15)
    Sec. 20-15. Data governance and organization to support 
equity and racial justice. 
    (a) By October 31 of each year On or before July 1, 2022 
and each July 1 thereafter, the Board and the Department shall 
issue a report, for the prior State fiscal year, that sets out 
de-identified statistical data related to on the racial, 
ethnic, age, sex, disability status, sexual orientation, 
gender identity, and primary or preferred language 
demographics of program participants for each major program 
administered by the Board or the Department, except as 
provided in subsection (a-5). The Department of Human 
Services, under the direction of the Office of the Governor, 
shall establish, by rule, demographic classifications for each 
reporting category, including race and ethnicity, age, sex, 
disability status, sexual orientation, gender identity, and 
primary or preferred language. Except as provided in 
subsection (b), when reporting the data required under this 
Section for each program, the Board or the Department shall 
use the classifications established by the Department of Human 
Services.
    The Office of the Governor shall review the demographic 
classifications every 5 years after the effective date of this 
amendatory Act of the 103rd General Assembly. If the Office of 
the Governor determines that changes to the classifications 
are necessary, the Department of Human Services shall update 
the classifications, as directed by the Office of the 
Governor. the same racial and ethnic classifications for each 
program, which shall include, but not be limited to, the 
following:
        (1) American Indian and Alaska Native alone.
        (2) Asian alone.
        (3) Black or African American alone.
        (4) Hispanic or Latino of any race.
        (5) Native Hawaiian and Other Pacific Islander alone.
        (6) White alone.
        (7) Middle Eastern or North African.
        (8) Some other race alone.
        (9) Two or more races.
    The Board and the Department may further define, by rule, 
the racial and ethnic classifications, including, if 
necessary, a classification of "No Race Specified".
    (a-5) In relation to major program participants, the Board 
shall not be required to collect personally identifiable 
information and report statistical data on the categories of 
sex, sexual orientation, and gender identity unless required 
for federal reporting. The Board shall make available reports 
on its Internet website, posted where other mandated reports 
are posted, of statistical data on sex, sexual orientation, 
and gender identity demographics through anonymous surveys or 
other methods as age and developmentally appropriate. 
    (b) A If a program administered by the Board or the 
Department is exempted from the reporting requirements 
described in subsection (a) if:
        (1) the program is subject to federal reporting 
    requirements that include the collection and public 
    reporting of statistical data on the demographic 
    categories required by this Act; and
        (2) the federal reporting requirements use different 
    classifications for the reporting of demographic 
    categories than the classifications established by the 
    Department of Human Services.
    The program shall report on any demographic categories 
described in subsection (a) that are not included in the 
federal report racial and ethnic demographics of program 
participants, the Department may maintain the same racial and 
ethnic classifications used under the federal requirements if 
such classifications differ from the classifications listed in 
subsection (a).
    (b-5) If a program administered by the Board or the 
Department serves and collects data regarding individuals 
younger than 18 years old, the program is exempt from the 
sexual orientation and gender identity demographic collection 
requirements described in subsection (a). 
    (b-7) The Office of the Governor shall establish a project 
implementation team to oversee the implementation of this Act 
consisting of one representative from each of the following:
        (1) the Office of the Governor;
        (2) the Department of Innovation and Technology;
        (3) the Department of Human Services; and
        (4) the Governor's Office of Management and Budget.
    (c) The Department of Innovation and Technology, in 
conjunction with the Office of the Governor, shall assist the 
Board and the Department by identifying and providing advice 
on establishing common technological processes and procedures 
for the Board and the Department to:
        (1) Catalog relevant demographic data and share the 
    resultant metadata.
        (2) Identify similar fields in data sets datasets.
        (3) Manage data requests.
        (4) Share data.
        (5) Collect data.
        (6) Improve and clean data. 
        (7) Match data across the Board and Departments.
        (8) Develop research and analytic agendas.
        (9) Report on program participation disaggregated by 
    race and ethnicity.
        (10) Evaluate equitable outcomes for underserved 
    populations in Illinois.
        (11) Define common roles for data management.
        (12) Ensure that all major programs can report 
    disaggregated data by race, ethnicity, age, sex, 
    disability status, sexual orientation, and gender 
    identity, and primary or preferred language.
    The Board and the Department shall use the common 
technological processes and procedures established by the 
Department of Innovation and Technology.
    (d) If the Board or the Department is unable to begin 
reporting the collected data as described in required by 
subsection (a) by October 31 immediately following the 
effective date of this amendatory Act of the 103rd General 
Assembly July 1, 2022, the Board or the Department shall state 
the reasons for the delay or inability to collect the 
particular data set for that program under the reporting 
requirements described in subsection (a).
    (e) By no later than March 31, 2022, the Board and the 
Department shall provide a progress report to the General 
Assembly to disclose: (i) the programs and data sets datasets 
that have been cataloged for which race, ethnicity, age, sex, 
disability status, sexual orientation, gender identity, and 
primary or preferred language have been standardized; and (ii) 
to the extent possible, the data sets datasets and programs 
that are outstanding for each agency and the data sets 
datasets that are planned for the upcoming year. On or before 
April 30 of March 31, 2023, and each year thereafter, the Board 
and the Department shall provide an updated report to the 
General Assembly.
    (f) (Blank). By no later than October 31, 2021, the 
Governor's Office shall provide a plan to establish processes 
for input from the Board and the Department into processes 
outlined in subsection (c). The plan shall incorporate ongoing 
efforts at data interoperability within the Department and the 
governance established to support the P-20 Longitudinal 
Education Data System enacted by Public Act 96-107.
    (g) Nothing in this Section shall be construed to limit 
the rights granted to individuals or data sharing protections 
established under existing State and federal data privacy and 
security laws.
(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23; 
103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised 
12-12-23.)