103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3242

 

Introduced 2/17/2023, by Rep. Elizabeth "Lisa" Hernandez

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 50/5
20 ILCS 65/20-15

    Amends the Uniform Racial Classification Act and the Data Governance and Organization to Support Equity and Racial Justice Act. Adds "Middle Eastern or Northern African" as a racial classification for purposes of the Acts.


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A BILL FOR

 

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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 Northern
16African.
17    For the purposes of this Act, "State agency" means the
18offices of the constitutional officers identified in Article V
19of the Illinois Constitution, executive agencies, and
20departments, boards, commissions, and authorities under the
21Governor.
22(Source: P.A. 98-982, eff. 8-18-14.)
 

 

 

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

 

 

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

 

 

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

 

 

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1from the Board and the Department into processes outlined in
2subsection (c) (b). The plan shall incorporate ongoing efforts
3at data interoperability within the Department and the
4governance established to support the P-20 Longitudinal
5Education Data System enacted by Public Act 96-107.
6    (g) (h) Nothing in this Section shall be construed to
7limit the rights granted to individuals or data sharing
8protections established under existing State and federal data
9privacy and security laws.
10(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21;
11revised 2-4-23.)