Illinois General Assembly - Full Text of HB3217
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 HB3217  102nd General Assembly

HB3217ham001 102ND GENERAL ASSEMBLY

Rep. Nicholas K. Smith

Filed: 3/19/2021

 

 


 

 


 
10200HB3217ham001LRB102 14305 RJF 23094 a

1
AMENDMENT TO HOUSE BILL 3217

2    AMENDMENT NO. ______. Amend House Bill 3217 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Employment Records Act is amended by
5changing Sections 10 and 15 as follows:
 
6    (5 ILCS 410/10)
7    Sec. 10. Definitions. As used in this Act:
8    (a) "Agency work force" means those persons employed by a
9State agency who are part of the State work force.
10    (b) "Contractual services employee" means a person
11employed by the State, or a State supported institution of
12higher education, under a written contract and paid by a State
13system CO-2 voucher (or its administrative equivalent) whose
14daily duties and responsibilities are directly or indirectly
15supervised or managed by a person paid by a payroll warrant (or
16its administrative equivalent) funded by State funds or pass

 

 

10200HB3217ham001- 2 -LRB102 14305 RJF 23094 a

1through funds.
2    (c) "Agency" or "State agency" means those entities
3included in the definition of "State agencies" in the Illinois
4State Auditing Act.
5    (d) "Minority" means a person who is any of the following:
6        (1) American Indian or Alaska Native (a person having
7    origins in any of the original peoples of North and South
8    America, including Central America, and who maintains
9    tribal affiliation or community attachment).
10        (2) Asian (a person having origins in any of the
11    original peoples of the Far East, Southeast Asia, or the
12    Indian subcontinent, including, but not limited to,
13    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
14    the Philippine Islands, Thailand, and Vietnam).
15        (3) Black or African American (a person having origins
16    in any of the black racial groups of Africa). Terms such as
17    "Haitian" or "Negro" can be used in addition to "Black or
18    African American".
19        (4) Hispanic or Latino (a person of Cuban, Mexican,
20    Puerto Rican, South or Central American, or other Spanish
21    culture or origin, regardless of race).
22        (5) Native Hawaiian or Other Pacific Islander (a
23    person having origins in any of the original peoples of
24    Hawaii, Guam, Samoa, or other Pacific Islands).
25    (e) "Professional employee" means a person employed to
26perform employment duties requiring academic training,

 

 

10200HB3217ham001- 3 -LRB102 14305 RJF 23094 a

1evidenced by a graduate or advanced degree from an accredited
2institution of higher education, and who, in the performance
3of those employment duties, may only engage in active practice
4of the academic training received when licensed or certified
5by the State of Illinois.
6    (f) "State employee" means any person employed within the
7State work force.
8    (g) "State work force" means all persons employed by the
9State of Illinois as evidenced by:
10        (1) the total number of all payroll warrants (or their
11    administrative equivalent) issued by the Comptroller to
12    pay:
13            (i) persons subject to the Personnel Code; and
14            (ii) for the sole purpose of providing accurate
15        statistical information, all persons exempt from the
16        Personnel Code; and
17        (2) the total number of payroll warrants (or their
18    administrative equivalent) funded by State appropriation
19    which are issued by educational institutions governed by
20    the Board of Trustees of the University of Illinois, the
21    Board of Trustees of Southern Illinois University, the
22    Board of Governors of State Colleges and Universities, and
23    the Board of Regents; and
24        (3) the total number of contractual payroll system
25    CO-2 vouchers (or their administrative equivalent) funded
26    by State revenues and issued by:

 

 

10200HB3217ham001- 4 -LRB102 14305 RJF 23094 a

1            (i) the State Comptroller; and
2            (ii) the issuing agents of the educational
3        institutions listed in subdivision (2) of this
4        subsection (g).
5"State work force" does not, however, include persons holding
6elective State office.
7(Source: P.A. 97-396, eff. 1-1-12.)
 
8    (5 ILCS 410/15)
9    Sec. 15. Reported information.
10    (a) State agencies shall, if necessary, consult with the
11Office of the Comptroller and the Governor's Office of
12Management and Budget to confirm the accuracy of information
13required by this Act. State agencies shall collect and
14maintain information and publish reports including but not
15limited to the following information arranged in the indicated
16categories:
17        (i) the total number of persons employed by the agency
18    who are part of the State work force, as defined by this
19    Act, and the number and statistical percentage of women,
20    minorities, and persons with physical disabilities
21    employed within the agency work force;
22        (ii) the total number of persons employed within the
23    agency work force receiving levels of State remuneration
24    within incremental levels of $10,000, and the number and
25    statistical percentage of minorities, women, and persons

 

 

10200HB3217ham001- 5 -LRB102 14305 RJF 23094 a

1    with physical disabilities in the agency work force
2    receiving levels of State remuneration within incremented
3    levels of $10,000;
4        (iii) the number of open positions of employment or
5    advancement in the agency work force, reported on a fiscal
6    year basis;
7        (iv) the number and percentage of open positions of
8    employment or advancement in the agency work force filled
9    by minorities, women, and persons with physical
10    disabilities, reported on a fiscal year basis;
11        (v) the total number of persons employed within the
12    agency work force as professionals, and the number and
13    percentage of minorities, women, and persons with physical
14    disabilities employed within the agency work force as
15    professional employees; and
16        (vi) the total number of persons employed within the
17    agency work force as contractual service employees, and
18    the number and percentage of minorities, women, and
19    persons with physical disabilities employed within the
20    agency work force as contractual services employees.
21    (b) The numbers and percentages of minorities required to
22be reported by this Section shall be identified by the
23following categories:
24        (1) American Indian or Alaska Native (a person having
25    origins in any of the original peoples of North and South
26    America, including Central America, and who maintains

 

 

10200HB3217ham001- 6 -LRB102 14305 RJF 23094 a

1    tribal affiliation or community attachment).
2        (2) Asian (a person having origins in any of the
3    original peoples of the Far East, Southeast Asia, or the
4    Indian subcontinent, including, but not limited to,
5    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
6    the Philippine Islands, Thailand, and Vietnam).
7        (3) Black or African American (a person having origins
8    in any of the black racial groups of Africa). Terms such as
9    "Haitian" or "Negro" can be used in addition to "Black or
10    African American".
11        (4) Hispanic or Latino (a person of Cuban, Mexican,
12    Puerto Rican, South or Central American, or other Spanish
13    culture or origin, regardless of race).
14        (5) Native Hawaiian or Other Pacific Islander (a
15    person having origins in any of the original peoples of
16    Hawaii, Guam, Samoa, or other Pacific Islands).
17    Data concerning women shall be reported on a minority and
18nonminority basis. The numbers and percentages of persons with
19physical disabilities required to be reported under this
20Section shall be identified by categories as male and female.
21    (c) To accomplish consistent and uniform classification
22and collection of information from each State agency, and to
23ensure full compliance and that all required information is
24provided, the Index Department of the Office of the Secretary
25of State, in consultation with the Department of Human Rights,
26the Department of Central Management Services, and the Office

 

 

10200HB3217ham001- 7 -LRB102 14305 RJF 23094 a

1of the Comptroller, shall develop appropriate forms to be used
2by all State agencies subject to the reporting requirements of
3this Act.
4    All State agencies shall make the reports required by this
5Act using the forms developed under this subsection. The
6reports must be certified and signed by an official of the
7agency who is responsible for the information provided.
8(Source: P.A. 99-143, eff. 7-27-15.)
 
9    Section 10. The Illinois Act on the Aging is amended by
10changing Section 3.10 as follows:
 
11    (20 ILCS 105/3.10)
12    Sec. 3.10. "Minority senior citizen" means any person 55
13years of age or older for whom opportunities for employment
14and participation in community life are unavailable or
15severely limited and who is any of the following:
16        (1) American Indian or Alaska Native (a person having
17    origins in any of the original peoples of North and South
18    America, including Central America, and who maintains
19    tribal affiliation or community attachment).
20        (2) Asian (a person having origins in any of the
21    original peoples of the Far East, Southeast Asia, or the
22    Indian subcontinent, including, but not limited to,
23    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
24    the Philippine Islands, Thailand, and Vietnam).

 

 

10200HB3217ham001- 8 -LRB102 14305 RJF 23094 a

1        (3) Black or African American (a person having origins
2    in any of the black racial groups of Africa). Terms such as
3    "Haitian" or "Negro" can be used in addition to "Black or
4    African American".
5        (4) Hispanic or Latino (a person of Cuban, Mexican,
6    Puerto Rican, South or Central American, or other Spanish
7    culture or origin, regardless of race).
8        (5) Native Hawaiian or Other Pacific Islander (a
9    person having origins in any of the original peoples of
10    Hawaii, Guam, Samoa, or other Pacific Islands).
11(Source: P.A. 97-396, eff. 1-1-12.)
 
12    Section 15. The Department of Public Health Powers and
13Duties Law of the Civil Administrative Code of Illinois is
14amended by changing Section 2310-215 as follows:
 
15    (20 ILCS 2310/2310-215)  (was 20 ILCS 2310/55.62)
16    Sec. 2310-215. Center for Minority Health Services.
17    (a) The Department shall establish a Center for Minority
18Health Services to advise the Department on matters pertaining
19to the health needs of minority populations within the State.
20    (b) The Center shall have the following duties:
21        (1) To assist in the assessment of the health needs of
22    minority populations in the State.
23        (2) To recommend treatment methods and programs that
24    are sensitive and relevant to the unique linguistic,

 

 

10200HB3217ham001- 9 -LRB102 14305 RJF 23094 a

1    cultural, and ethnic characteristics of minority
2    populations.
3        (3) To provide consultation, technical assistance,
4    training programs, and reference materials to service
5    providers, organizations, and other agencies.
6        (4) To promote awareness of minority health concerns,
7    and encourage, promote, and aid in the establishment of
8    minority services.
9        (5) To disseminate information on available minority
10    services.
11        (6) To provide adequate and effective opportunities
12    for minority populations to express their views on
13    Departmental policy development and program
14    implementation.
15        (7) To coordinate with the Department on Aging and the
16    Department of Healthcare and Family Services to coordinate
17    services designed to meet the needs of minority senior
18    citizens.
19        (8) To promote awareness of the incidence of
20    Alzheimer's disease and related dementias among minority
21    populations and to encourage, promote, and aid in the
22    establishment of prevention and treatment programs and
23    services relating to this health problem.
24    (c) For the purpose of this Section, "minority" shall mean
25and include any person or group of persons who are any of the
26following:

 

 

10200HB3217ham001- 10 -LRB102 14305 RJF 23094 a

1        (1) American Indian or Alaska Native (a person having
2    origins in any of the original peoples of North and South
3    America, including Central America, and who maintains
4    tribal affiliation or community attachment).
5        (2) Asian (a person having origins in any of the
6    original peoples of the Far East, Southeast Asia, or the
7    Indian subcontinent, including, but not limited to,
8    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
9    the Philippine Islands, Thailand, and Vietnam).
10        (3) Black or African American (a person having origins
11    in any of the black racial groups of Africa). Terms such as
12    "Haitian" or "Negro" can be used in addition to "Black or
13    African American".
14        (4) Hispanic or Latino (a person of Cuban, Mexican,
15    Puerto Rican, South or Central American, or other Spanish
16    culture or origin, regardless of race).
17        (5) Native Hawaiian or Other Pacific Islander (a
18    person having origins in any of the original peoples of
19    Hawaii, Guam, Samoa, or other Pacific Islands).
20(Source: P.A. 97-396, eff. 1-1-12.)
 
21    Section 20. The State Construction Minority and Female
22Building Trades Act is amended by changing Section 35-5 as
23follows:
 
24    (30 ILCS 577/35-5)

 

 

10200HB3217ham001- 11 -LRB102 14305 RJF 23094 a

1    Sec. 35-5. Definitions. For the purposes of this Article:
2    "Under-represented minority" means a person who is any of
3the following:
4        (1) American Indian or Alaska Native (a person having
5    origins in any of the original peoples of North and South
6    America, including Central America, and who maintains
7    tribal affiliation or community attachment).
8        (2) Asian (a person having origins in any of the
9    original peoples of the Far East, Southeast Asia, or the
10    Indian subcontinent, including, but not limited to,
11    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
12    the Philippine Islands, Thailand, and Vietnam).
13        (3) Black or African American (a person having origins
14    in any of the black racial groups of Africa). Terms such as
15    "Haitian" or "Negro" can be used in addition to "Black or
16    African American".
17        (4) Hispanic or Latino (a person of Cuban, Mexican,
18    Puerto Rican, South or Central American, or other Spanish
19    culture or origin, regardless of race).
20        (5) Native Hawaiian or Other Pacific Islander (a
21    person having origins in any of the original peoples of
22    Hawaii, Guam, Samoa, or other Pacific Islands).
23    "Construction" means any constructing, altering,
24reconstructing, repairing, rehabilitating, refinishing,
25refurbishing, remodeling, remediating, renovating, custom
26fabricating, maintenance, landscaping, improving, wrecking,

 

 

10200HB3217ham001- 12 -LRB102 14305 RJF 23094 a

1painting, decorating, demolishing, and adding to or
2subtracting from any building, structure, highway, roadway,
3street, bridge, alley, sewer, ditch, sewage disposal plant,
4water works, parking facility, railroad, excavation or other
5structure, project, development, real property or improvement,
6or to do any part thereof, whether or not the performance of
7the work herein described involves the addition to, or
8fabrication into, any structure, project, development, real
9property or improvement herein described of any material or
10article of merchandise. Construction shall also include moving
11construction related materials on the job site to or from the
12job site.
13(Source: P.A. 96-37, eff. 7-13-09; 97-396, eff. 1-1-12.)
 
14    Section 25. The Inclusion of Women and Minorities in
15Clinical Research Act is amended by changing Section 5 as
16follows:
 
17    (30 ILCS 785/5)
18    Sec. 5. Definitions. In this Act:
19    "Grantee" means any qualified public, private, or
20not-for-profit agency or individual, including, but not
21limited to, a college, university, hospital, laboratory,
22research institution, local health department, voluntary
23health agency, health maintenance organization, corporation,
24student, fellow, or entrepreneur, conducting clinical research

 

 

10200HB3217ham001- 13 -LRB102 14305 RJF 23094 a

1using State funds. A grantee may also be a corporation that is
2headquartered in Illinois and that conducts research using
3State funds.
4    "Minority group" means a group that is a readily
5identifiable subset of the U.S. population that is
6distinguished by racial, ethnic, or cultural heritage and that
7is made up of persons who are any of the following:
8        (1) American Indian or Alaska Native (a person having
9    origins in any of the original peoples of North and South
10    America, including Central America, and who maintains
11    tribal affiliation or community attachment).
12        (2) Asian (a person having origins in any of the
13    original peoples of the Far East, Southeast Asia, or the
14    Indian subcontinent, including, but not limited to,
15    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
16    the Philippine Islands, Thailand, and Vietnam).
17        (3) Black or African American (a person having origins
18    in any of the black racial groups of Africa). Terms such as
19    "Haitian" or "Negro" can be used in addition to "Black or
20    African American".
21        (4) Hispanic or Latino (a person of Cuban, Mexican,
22    Puerto Rican, South or Central American, or other Spanish
23    culture or origin, regardless of race).
24        (5) Native Hawaiian or Other Pacific Islander (a
25    person having origins in any of the original peoples of
26    Hawaii, Guam, Samoa, or other Pacific Islands).

 

 

10200HB3217ham001- 14 -LRB102 14305 RJF 23094 a

1    "Project of clinical research" includes a clinical trial.
2(Source: P.A. 97-396, eff. 1-1-12.)
 
3    Section 30. The Metropolitan Pier and Exposition Authority
4Act is amended by changing Section 23.1 as follows:
 
5    (70 ILCS 210/23.1)  (from Ch. 85, par. 1243.1)
6    Sec. 23.1. Affirmative action.
7    (a) The Authority shall, within 90 days after the
8effective date of this amendatory Act of 1984, establish and
9maintain an affirmative action program designed to promote
10equal employment opportunity and eliminate the effects of past
11discrimination. Such program shall include a plan, including
12timetables where appropriate, which shall specify goals and
13methods for increasing participation by women and minorities
14in employment, including employment related to the planning,
15organization, and staging of the games, by the Authority and
16by parties which contract with the Authority. The Authority
17shall submit a detailed plan with the General Assembly prior
18to September 1 of each year. Such program shall also establish
19procedures and sanctions, which the Authority shall enforce to
20ensure compliance with the plan established pursuant to this
21Section and with State and federal laws and regulations
22relating to the employment of women and minorities. A
23determination by the Authority as to whether a party to a
24contract with the Authority has achieved the goals or employed

 

 

10200HB3217ham001- 15 -LRB102 14305 RJF 23094 a

1the methods for increasing participation by women and
2minorities shall be determined in accordance with the terms of
3such contracts or the applicable provisions of rules and
4regulations of the Authority existing at the time such
5contract was executed, including any provisions for
6consideration of good faith efforts at compliance which the
7Authority may reasonably adopt.
8    (b) The Authority shall adopt and maintain minority-owned
9and women-owned business enterprise procurement programs under
10the affirmative action program described in subsection (a) for
11any and all work, including all contracting related to the
12planning, organization, and staging of the games, undertaken
13by the Authority. That work shall include, but is not limited
14to, the purchase of professional services, construction
15services, supplies, materials, and equipment. The programs
16shall establish goals of awarding not less than 25% of the
17annual dollar value of all contracts, purchase orders, or
18other agreements (collectively referred to as "contracts") to
19minority-owned businesses and 5% of the annual dollar value of
20all contracts to women-owned businesses. Without limiting the
21generality of the foregoing, the programs shall require in
22connection with the prequalification or consideration of
23vendors for professional service contracts, construction
24contracts, and contracts for supplies, materials, equipment,
25and services that each proposer or bidder submit as part of his
26or her proposal or bid a commitment detailing how he or she

 

 

10200HB3217ham001- 16 -LRB102 14305 RJF 23094 a

1will expend 25% or more of the dollar value of his or her
2contracts with one or more minority-owned businesses and 5% or
3more of the dollar value with one or more women-owned
4businesses. Bids or proposals that do not include such
5detailed commitments are not responsive and shall be rejected
6unless the Authority deems it appropriate to grant a waiver of
7these requirements. In addition the Authority may, in
8connection with the selection of providers of professional
9services, reserve the right to select a minority-owned or
10women-owned business or businesses to fulfill the commitment
11to minority and woman business participation. The commitment
12to minority and woman business participation may be met by the
13contractor or professional service provider's status as a
14minority-owned or women-owned business, by joint venture or by
15subcontracting a portion of the work with or purchasing
16materials for the work from one or more such businesses, or by
17any combination thereof. Each contract shall require the
18contractor or provider to submit a certified monthly report
19detailing the status of that contractor or provider's
20compliance with the Authority's minority-owned and women-owned
21business enterprise procurement program. The Authority, after
22reviewing the monthly reports of the contractors and
23providers, shall compile a comprehensive report regarding
24compliance with this procurement program and file it quarterly
25with the General Assembly. If, in connection with a particular
26contract, the Authority determines that it is impracticable or

 

 

10200HB3217ham001- 17 -LRB102 14305 RJF 23094 a

1excessively costly to obtain minority-owned or women-owned
2businesses to perform sufficient work to fulfill the
3commitment required by this subsection, the Authority shall
4reduce or waive the commitment in the contract, as may be
5appropriate. The Authority shall establish rules and
6regulations setting forth the standards to be used in
7determining whether or not a reduction or waiver is
8appropriate. The terms "minority-owned business" and
9"women-owned business" have the meanings given to those terms
10in the Business Enterprise for Minorities, Women, and Persons
11with Disabilities Act.
12    (c) The Authority shall adopt and maintain an affirmative
13action program in connection with the hiring of minorities and
14women on the Expansion Project and on any and all construction
15projects, including all contracting related to the planning,
16organization, and staging of the games, undertaken by the
17Authority. The program shall be designed to promote equal
18employment opportunity and shall specify the goals and methods
19for increasing the participation of minorities and women in a
20representative mix of job classifications required to perform
21the respective contracts awarded by the Authority.
22    (d) In connection with the Expansion Project, the
23Authority shall incorporate the following elements into its
24minority-owned and women-owned business procurement programs
25to the extent feasible: (1) a major contractors program that
26permits minority-owned businesses and women-owned businesses

 

 

10200HB3217ham001- 18 -LRB102 14305 RJF 23094 a

1to bear significant responsibility and risk for a portion of
2the project; (2) a mentor/protege program that provides
3financial, technical, managerial, equipment, and personnel
4support to minority-owned businesses and women-owned
5businesses; (3) an emerging firms program that includes
6minority-owned businesses and women-owned businesses that
7would not otherwise qualify for the project due to
8inexperience or limited resources; (4) a small projects
9program that includes participation by smaller minority-owned
10businesses and women-owned businesses on jobs where the total
11dollar value is $5,000,000 or less; and (5) a set-aside
12program that will identify contracts requiring the expenditure
13of funds less than $50,000 for bids to be submitted solely by
14minority-owned businesses and women-owned businesses.
15    (e) The Authority is authorized to enter into agreements
16with contractors' associations, labor unions, and the
17contractors working on the Expansion Project to establish an
18Apprenticeship Preparedness Training Program to provide for an
19increase in the number of minority and women journeymen and
20apprentices in the building trades and to enter into
21agreements with Community College District 508 to provide
22readiness training. The Authority is further authorized to
23enter into contracts with public and private educational
24institutions and persons in the hospitality industry to
25provide training for employment in the hospitality industry.
26    (f) McCormick Place Advisory Board. There is created a

 

 

10200HB3217ham001- 19 -LRB102 14305 RJF 23094 a

1McCormick Place Advisory Board composed as follows: 2 members
2shall be appointed by the Mayor of Chicago; 2 members shall be
3appointed by the Governor; 2 members shall be State Senators
4appointed by the President of the Senate; 2 members shall be
5State Senators appointed by the Minority Leader of the Senate;
62 members shall be State Representatives appointed by the
7Speaker of the House of Representatives; and 2 members shall
8be State Representatives appointed by the Minority Leader of
9the House of Representatives. The terms of all previously
10appointed members of the Advisory Board expire on the
11effective date of this amendatory Act of the 92nd General
12Assembly. A State Senator or State Representative member may
13appoint a designee to serve on the McCormick Place Advisory
14Board in his or her absence.
15    A "member of a minority group" shall mean a person who is a
16citizen or lawful permanent resident of the United States and
17who is any of the following:
18        (1) American Indian or Alaska Native (a person having
19    origins in any of the original peoples of North and South
20    America, including Central America, and who maintains
21    tribal affiliation or community attachment).
22        (2) Asian (a person having origins in any of the
23    original peoples of the Far East, Southeast Asia, or the
24    Indian subcontinent, including, but not limited to,
25    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
26    the Philippine Islands, Thailand, and Vietnam).

 

 

10200HB3217ham001- 20 -LRB102 14305 RJF 23094 a

1        (3) Black or African American (a person having origins
2    in any of the black racial groups of Africa). Terms such as
3    "Haitian" or "Negro" can be used in addition to "Black or
4    African American".
5        (4) Hispanic or Latino (a person of Cuban, Mexican,
6    Puerto Rican, South or Central American, or other Spanish
7    culture or origin, regardless of race).
8        (5) Native Hawaiian or Other Pacific Islander (a
9    person having origins in any of the original peoples of
10    Hawaii, Guam, Samoa, or other Pacific Islands).
11    Members of the McCormick Place Advisory Board shall serve
122-year terms and until their successors are appointed, except
13members who serve as a result of their elected position whose
14terms shall continue as long as they hold their designated
15elected positions. Vacancies shall be filled by appointment
16for the unexpired term in the same manner as original
17appointments are made. The McCormick Place Advisory Board
18shall elect its own chairperson.
19    Members of the McCormick Place Advisory Board shall serve
20without compensation but, at the Authority's discretion, shall
21be reimbursed for necessary expenses in connection with the
22performance of their duties.
23    The McCormick Place Advisory Board shall meet quarterly,
24or as needed, shall produce any reports it deems necessary,
25and shall:
26        (1) Work with the Authority on ways to improve the

 

 

10200HB3217ham001- 21 -LRB102 14305 RJF 23094 a

1    area physically and economically;
2        (2) Work with the Authority regarding potential means
3    for providing increased economic opportunities to
4    minorities and women produced indirectly or directly from
5    the construction and operation of the Expansion Project;
6        (3) Work with the Authority to minimize any potential
7    impact on the area surrounding the McCormick Place
8    Expansion Project, including any impact on minority-owned
9    or women-owned businesses, resulting from the construction
10    and operation of the Expansion Project;
11        (4) Work with the Authority to find candidates for
12    building trades apprenticeships, for employment in the
13    hospitality industry, and to identify job training
14    programs;
15        (5) Work with the Authority to implement the
16    provisions of subsections (a) through (e) of this Section
17    in the construction of the Expansion Project, including
18    the Authority's goal of awarding not less than 25% and 5%
19    of the annual dollar value of contracts to minority-owned
20    and women-owned businesses, the outreach program for
21    minorities and women, and the mentor/protege program for
22    providing assistance to minority-owned and women-owned
23    businesses.
24    (g) The Authority shall comply with subsection (e) of
25Section 5-42 of the Olympic Games and Paralympic Games (2016)
26Law. For purposes of this Section, the term "games" has the

 

 

10200HB3217ham001- 22 -LRB102 14305 RJF 23094 a

1meaning set forth in the Olympic Games and Paralympic Games
2(2016) Law.
3(Source: P.A. 100-391, eff. 8-25-17.)
 
4    Section 35. The School Code is amended by changing Section
534-18 as follows:
 
6    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
7    Sec. 34-18. Powers of the board. The board shall exercise
8general supervision and jurisdiction over the public education
9and the public school system of the city, and, except as
10otherwise provided by this Article, shall have power:
11        1. To make suitable provision for the establishment
12    and maintenance throughout the year or for such portion
13    thereof as it may direct, not less than 9 months and in
14    compliance with Section 10-19.05, of schools of all grades
15    and kinds, including normal schools, high schools, night
16    schools, schools for defectives and delinquents, parental
17    and truant schools, schools for the blind, the deaf, and
18    persons with physical disabilities, schools or classes in
19    manual training, constructural and vocational teaching,
20    domestic arts, and physical culture, vocation and
21    extension schools and lecture courses, and all other
22    educational courses and facilities, including
23    establishing, equipping, maintaining and operating
24    playgrounds and recreational programs, when such programs

 

 

10200HB3217ham001- 23 -LRB102 14305 RJF 23094 a

1    are conducted in, adjacent to, or connected with any
2    public school under the general supervision and
3    jurisdiction of the board; provided that the calendar for
4    the school term and any changes must be submitted to and
5    approved by the State Board of Education before the
6    calendar or changes may take effect, and provided that in
7    allocating funds from year to year for the operation of
8    all attendance centers within the district, the board
9    shall ensure that supplemental general State aid or
10    supplemental grant funds are allocated and applied in
11    accordance with Section 18-8, 18-8.05, or 18-8.15. To
12    admit to such schools without charge foreign exchange
13    students who are participants in an organized exchange
14    student program which is authorized by the board. The
15    board shall permit all students to enroll in
16    apprenticeship programs in trade schools operated by the
17    board, whether those programs are union-sponsored or not.
18    No student shall be refused admission into or be excluded
19    from any course of instruction offered in the common
20    schools by reason of that student's sex. No student shall
21    be denied equal access to physical education and
22    interscholastic athletic programs supported from school
23    district funds or denied participation in comparable
24    physical education and athletic programs solely by reason
25    of the student's sex. Equal access to programs supported
26    from school district funds and comparable programs will be

 

 

10200HB3217ham001- 24 -LRB102 14305 RJF 23094 a

1    defined in rules promulgated by the State Board of
2    Education in consultation with the Illinois High School
3    Association. Notwithstanding any other provision of this
4    Article, neither the board of education nor any local
5    school council or other school official shall recommend
6    that children with disabilities be placed into regular
7    education classrooms unless those children with
8    disabilities are provided with supplementary services to
9    assist them so that they benefit from the regular
10    classroom instruction and are included on the teacher's
11    regular education class register;
12        2. To furnish lunches to pupils, to make a reasonable
13    charge therefor, and to use school funds for the payment
14    of such expenses as the board may determine are necessary
15    in conducting the school lunch program;
16        3. To co-operate with the circuit court;
17        4. To make arrangements with the public or
18    quasi-public libraries and museums for the use of their
19    facilities by teachers and pupils of the public schools;
20        5. To employ dentists and prescribe their duties for
21    the purpose of treating the pupils in the schools, but
22    accepting such treatment shall be optional with parents or
23    guardians;
24        6. To grant the use of assembly halls and classrooms
25    when not otherwise needed, including light, heat, and
26    attendants, for free public lectures, concerts, and other

 

 

10200HB3217ham001- 25 -LRB102 14305 RJF 23094 a

1    educational and social interests, free of charge, under
2    such provisions and control as the principal of the
3    affected attendance center may prescribe;
4        7. To apportion the pupils to the several schools;
5    provided that no pupil shall be excluded from or
6    segregated in any such school on account of his color,
7    race, sex, or nationality. The board shall take into
8    consideration the prevention of segregation and the
9    elimination of separation of children in public schools
10    because of color, race, sex, or nationality. Except that
11    children may be committed to or attend parental and social
12    adjustment schools established and maintained either for
13    boys or girls only. All records pertaining to the
14    creation, alteration or revision of attendance areas shall
15    be open to the public. Nothing herein shall limit the
16    board's authority to establish multi-area attendance
17    centers or other student assignment systems for
18    desegregation purposes or otherwise, and to apportion the
19    pupils to the several schools. Furthermore, beginning in
20    school year 1994-95, pursuant to a board plan adopted by
21    October 1, 1993, the board shall offer, commencing on a
22    phased-in basis, the opportunity for families within the
23    school district to apply for enrollment of their children
24    in any attendance center within the school district which
25    does not have selective admission requirements approved by
26    the board. The appropriate geographical area in which such

 

 

10200HB3217ham001- 26 -LRB102 14305 RJF 23094 a

1    open enrollment may be exercised shall be determined by
2    the board of education. Such children may be admitted to
3    any such attendance center on a space available basis
4    after all children residing within such attendance
5    center's area have been accommodated. If the number of
6    applicants from outside the attendance area exceed the
7    space available, then successful applicants shall be
8    selected by lottery. The board of education's open
9    enrollment plan must include provisions that allow
10    low-income low income students to have access to
11    transportation needed to exercise school choice. Open
12    enrollment shall be in compliance with the provisions of
13    the Consent Decree and Desegregation Plan cited in Section
14    34-1.01;
15        8. To approve programs and policies for providing
16    transportation services to students. Nothing herein shall
17    be construed to permit or empower the State Board of
18    Education to order, mandate, or require busing or other
19    transportation of pupils for the purpose of achieving
20    racial balance in any school;
21        9. Subject to the limitations in this Article, to
22    establish and approve system-wide curriculum objectives
23    and standards, including graduation standards, which
24    reflect the multi-cultural diversity in the city and are
25    consistent with State law, provided that for all purposes
26    of this Article courses or proficiency in American Sign

 

 

10200HB3217ham001- 27 -LRB102 14305 RJF 23094 a

1    Language shall be deemed to constitute courses or
2    proficiency in a foreign language; and to employ
3    principals and teachers, appointed as provided in this
4    Article, and fix their compensation. The board shall
5    prepare such reports related to minimal competency testing
6    as may be requested by the State Board of Education, and,
7    in addition, shall monitor and approve special education
8    and bilingual education programs and policies within the
9    district to ensure assure that appropriate services are
10    provided in accordance with applicable State and federal
11    laws to children requiring services and education in those
12    areas;
13        10. To employ non-teaching personnel or utilize
14    volunteer personnel for: (i) non-teaching duties not
15    requiring instructional judgment or evaluation of pupils,
16    including library duties; and (ii) supervising study
17    halls, long distance teaching reception areas used
18    incident to instructional programs transmitted by
19    electronic media such as computers, video, and audio,
20    detention and discipline areas, and school-sponsored
21    extracurricular activities. The board may further utilize
22    volunteer non-certificated personnel or employ
23    non-certificated personnel to assist in the instruction of
24    pupils under the immediate supervision of a teacher
25    holding a valid certificate, directly engaged in teaching
26    subject matter or conducting activities; provided that the

 

 

10200HB3217ham001- 28 -LRB102 14305 RJF 23094 a

1    teacher shall be continuously aware of the
2    non-certificated persons' activities and shall be able to
3    control or modify them. The general superintendent shall
4    determine qualifications of such personnel and shall
5    prescribe rules for determining the duties and activities
6    to be assigned to such personnel;
7        10.5. To utilize volunteer personnel from a regional
8    School Crisis Assistance Team (S.C.A.T.), created as part
9    of the Safe to Learn Program established pursuant to
10    Section 25 of the Illinois Violence Prevention Act of
11    1995, to provide assistance to schools in times of
12    violence or other traumatic incidents within a school
13    community by providing crisis intervention services to
14    lessen the effects of emotional trauma on individuals and
15    the community; the School Crisis Assistance Team Steering
16    Committee shall determine the qualifications for
17    volunteers;
18        11. To provide television studio facilities in not to
19    exceed one school building and to provide programs for
20    educational purposes, provided, however, that the board
21    shall not construct, acquire, operate, or maintain a
22    television transmitter; to grant the use of its studio
23    facilities to a licensed television station located in the
24    school district; and to maintain and operate not to exceed
25    one school radio transmitting station and provide programs
26    for educational purposes;

 

 

10200HB3217ham001- 29 -LRB102 14305 RJF 23094 a

1        12. To offer, if deemed appropriate, outdoor education
2    courses, including field trips within the State of
3    Illinois, or adjacent states, and to use school
4    educational funds for the expense of the said outdoor
5    educational programs, whether within the school district
6    or not;
7        13. During that period of the calendar year not
8    embraced within the regular school term, to provide and
9    conduct courses in subject matters normally embraced in
10    the program of the schools during the regular school term
11    and to give regular school credit for satisfactory
12    completion by the student of such courses as may be
13    approved for credit by the State Board of Education;
14        14. To insure against any loss or liability of the
15    board, the former School Board Nominating Commission,
16    Local School Councils, the Chicago Schools Academic
17    Accountability Council, or the former Subdistrict Councils
18    or of any member, officer, agent, or employee thereof,
19    resulting from alleged violations of civil rights arising
20    from incidents occurring on or after September 5, 1967 or
21    from the wrongful or negligent act or omission of any such
22    person whether occurring within or without the school
23    premises, provided the officer, agent, or employee was, at
24    the time of the alleged violation of civil rights or
25    wrongful act or omission, acting within the scope of his
26    or her employment or under direction of the board, the

 

 

10200HB3217ham001- 30 -LRB102 14305 RJF 23094 a

1    former School Board Nominating Commission, the Chicago
2    Schools Academic Accountability Council, Local School
3    Councils, or the former Subdistrict Councils; and to
4    provide for or participate in insurance plans for its
5    officers and employees, including, but not limited to,
6    retirement annuities, medical, surgical and
7    hospitalization benefits in such types and amounts as may
8    be determined by the board; provided, however, that the
9    board shall contract for such insurance only with an
10    insurance company authorized to do business in this State.
11    Such insurance may include provision for employees who
12    rely on treatment by prayer or spiritual means alone for
13    healing, in accordance with the tenets and practice of a
14    recognized religious denomination;
15        15. To contract with the corporate authorities of any
16    municipality or the county board of any county, as the
17    case may be, to provide for the regulation of traffic in
18    parking areas of property used for school purposes, in
19    such manner as is provided by Section 11-209 of the The
20    Illinois Vehicle Code, approved September 29, 1969, as
21    amended;
22        16. (a) To provide, on an equal basis, access to a high
23    school campus and student directory information to the
24    official recruiting representatives of the armed forces of
25    Illinois and the United States for the purposes of
26    informing students of the educational and career

 

 

10200HB3217ham001- 31 -LRB102 14305 RJF 23094 a

1    opportunities available in the military if the board has
2    provided such access to persons or groups whose purpose is
3    to acquaint students with educational or occupational
4    opportunities available to them. The board is not required
5    to give greater notice regarding the right of access to
6    recruiting representatives than is given to other persons
7    and groups. In this paragraph 16, "directory information"
8    means a high school student's name, address, and telephone
9    number.
10        (b) If a student or his or her parent or guardian
11    submits a signed, written request to the high school
12    before the end of the student's sophomore year (or if the
13    student is a transfer student, by another time set by the
14    high school) that indicates that the student or his or her
15    parent or guardian does not want the student's directory
16    information to be provided to official recruiting
17    representatives under subsection (a) of this Section, the
18    high school may not provide access to the student's
19    directory information to these recruiting representatives.
20    The high school shall notify its students and their
21    parents or guardians of the provisions of this subsection
22    (b).
23        (c) A high school may require official recruiting
24    representatives of the armed forces of Illinois and the
25    United States to pay a fee for copying and mailing a
26    student's directory information in an amount that is not

 

 

10200HB3217ham001- 32 -LRB102 14305 RJF 23094 a

1    more than the actual costs incurred by the high school.
2        (d) Information received by an official recruiting
3    representative under this Section may be used only to
4    provide information to students concerning educational and
5    career opportunities available in the military and may not
6    be released to a person who is not involved in recruiting
7    students for the armed forces of Illinois or the United
8    States;
9        17. (a) To sell or market any computer program
10    developed by an employee of the school district, provided
11    that such employee developed the computer program as a
12    direct result of his or her duties with the school
13    district or through the utilization of the school district
14    resources or facilities. The employee who developed the
15    computer program shall be entitled to share in the
16    proceeds of such sale or marketing of the computer
17    program. The distribution of such proceeds between the
18    employee and the school district shall be as agreed upon
19    by the employee and the school district, except that
20    neither the employee nor the school district may receive
21    more than 90% of such proceeds. The negotiation for an
22    employee who is represented by an exclusive bargaining
23    representative may be conducted by such bargaining
24    representative at the employee's request.
25        (b) For the purpose of this paragraph 17:
26            (1) "Computer" means an internally programmed,

 

 

10200HB3217ham001- 33 -LRB102 14305 RJF 23094 a

1        general purpose digital device capable of
2        automatically accepting data, processing data and
3        supplying the results of the operation.
4            (2) "Computer program" means a series of coded
5        instructions or statements in a form acceptable to a
6        computer, which causes the computer to process data in
7        order to achieve a certain result.
8            (3) "Proceeds" means profits derived from the
9        marketing or sale of a product after deducting the
10        expenses of developing and marketing such product;
11        18. To delegate to the general superintendent of
12    schools, by resolution, the authority to approve contracts
13    and expenditures in amounts of $10,000 or less;
14        19. Upon the written request of an employee, to
15    withhold from the compensation of that employee any dues,
16    payments, or contributions payable by such employee to any
17    labor organization as defined in the Illinois Educational
18    Labor Relations Act. Under such arrangement, an amount
19    shall be withheld from each regular payroll period which
20    is equal to the pro rata share of the annual dues plus any
21    payments or contributions, and the board shall transmit
22    such withholdings to the specified labor organization
23    within 10 working days from the time of the withholding;
24        19a. Upon receipt of notice from the comptroller of a
25    municipality with a population of 500,000 or more, a
26    county with a population of 3,000,000 or more, the Cook

 

 

10200HB3217ham001- 34 -LRB102 14305 RJF 23094 a

1    County Forest Preserve District, the Chicago Park
2    District, the Metropolitan Water Reclamation District, the
3    Chicago Transit Authority, or a housing authority of a
4    municipality with a population of 500,000 or more that a
5    debt is due and owing the municipality, the county, the
6    Cook County Forest Preserve District, the Chicago Park
7    District, the Metropolitan Water Reclamation District, the
8    Chicago Transit Authority, or the housing authority by an
9    employee of the Chicago Board of Education, to withhold,
10    from the compensation of that employee, the amount of the
11    debt that is due and owing and pay the amount withheld to
12    the municipality, the county, the Cook County Forest
13    Preserve District, the Chicago Park District, the
14    Metropolitan Water Reclamation District, the Chicago
15    Transit Authority, or the housing authority; provided,
16    however, that the amount deducted from any one salary or
17    wage payment shall not exceed 25% of the net amount of the
18    payment. Before the Board deducts any amount from any
19    salary or wage of an employee under this paragraph, the
20    municipality, the county, the Cook County Forest Preserve
21    District, the Chicago Park District, the Metropolitan
22    Water Reclamation District, the Chicago Transit Authority,
23    or the housing authority shall certify that (i) the
24    employee has been afforded an opportunity for a hearing to
25    dispute the debt that is due and owing the municipality,
26    the county, the Cook County Forest Preserve District, the

 

 

10200HB3217ham001- 35 -LRB102 14305 RJF 23094 a

1    Chicago Park District, the Metropolitan Water Reclamation
2    District, the Chicago Transit Authority, or the housing
3    authority and (ii) the employee has received notice of a
4    wage deduction order and has been afforded an opportunity
5    for a hearing to object to the order. For purposes of this
6    paragraph, "net amount" means that part of the salary or
7    wage payment remaining after the deduction of any amounts
8    required by law to be deducted and "debt due and owing"
9    means (i) a specified sum of money owed to the
10    municipality, the county, the Cook County Forest Preserve
11    District, the Chicago Park District, the Metropolitan
12    Water Reclamation District, the Chicago Transit Authority,
13    or the housing authority for services, work, or goods,
14    after the period granted for payment has expired, or (ii)
15    a specified sum of money owed to the municipality, the
16    county, the Cook County Forest Preserve District, the
17    Chicago Park District, the Metropolitan Water Reclamation
18    District, the Chicago Transit Authority, or the housing
19    authority pursuant to a court order or order of an
20    administrative hearing officer after the exhaustion of, or
21    the failure to exhaust, judicial review;
22        20. The board is encouraged to employ a sufficient
23    number of certified school counselors to maintain a
24    student/counselor ratio of 250 to 1 by July 1, 1990. Each
25    counselor shall spend at least 75% of his work time in
26    direct contact with students and shall maintain a record

 

 

10200HB3217ham001- 36 -LRB102 14305 RJF 23094 a

1    of such time;
2        21. To make available to students vocational and
3    career counseling and to establish 5 special career
4    counseling days for students and parents. On these days
5    representatives of local businesses and industries shall
6    be invited to the school campus and shall inform students
7    of career opportunities available to them in the various
8    businesses and industries. Special consideration shall be
9    given to counseling minority students as to career
10    opportunities available to them in various fields. For the
11    purposes of this paragraph, minority student means a
12    person who is any of the following:
13        (a) American Indian or Alaska Native (a person having
14    origins in any of the original peoples of North and South
15    America, including Central America, and who maintains
16    tribal affiliation or community attachment).
17        (b) Asian (a person having origins in any of the
18    original peoples of the Far East, Southeast Asia, or the
19    Indian subcontinent, including, but not limited to,
20    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
21    the Philippine Islands, Thailand, and Vietnam).
22        (c) Black or African American (a person having origins
23    in any of the black racial groups of Africa). Terms such as
24    "Haitian" or "Negro" can be used in addition to "Black or
25    African American".
26        (d) Hispanic or Latino (a person of Cuban, Mexican,

 

 

10200HB3217ham001- 37 -LRB102 14305 RJF 23094 a

1    Puerto Rican, South or Central American, or other Spanish
2    culture or origin, regardless of race).
3        (e) Native Hawaiian or Other Pacific Islander (a
4    person having origins in any of the original peoples of
5    Hawaii, Guam, Samoa, or other Pacific Islands).
6        Counseling days shall not be in lieu of regular school
7    days;
8        22. To report to the State Board of Education the
9    annual student dropout rate and number of students who
10    graduate from, transfer from, or otherwise leave bilingual
11    programs;
12        23. Except as otherwise provided in the Abused and
13    Neglected Child Reporting Act or other applicable State or
14    federal law, to permit school officials to withhold, from
15    any person, information on the whereabouts of any child
16    removed from school premises when the child has been taken
17    into protective custody as a victim of suspected child
18    abuse. School officials shall direct such person to the
19    Department of Children and Family Services, or to the
20    local law enforcement agency, if appropriate;
21        24. To develop a policy, based on the current state of
22    existing school facilities, projected enrollment, and
23    efficient utilization of available resources, for capital
24    improvement of schools and school buildings within the
25    district, addressing in that policy both the relative
26    priority for major repairs, renovations, and additions to

 

 

10200HB3217ham001- 38 -LRB102 14305 RJF 23094 a

1    school facilities, and the advisability or necessity of
2    building new school facilities or closing existing schools
3    to meet current or projected demographic patterns within
4    the district;
5        25. To make available to the students in every high
6    school attendance center the ability to take all courses
7    necessary to comply with the Board of Higher Education's
8    college entrance criteria effective in 1993;
9        26. To encourage mid-career changes into the teaching
10    profession, whereby qualified professionals become
11    certified teachers, by allowing credit for professional
12    employment in related fields when determining point of
13    entry on the teacher pay scale;
14        27. To provide or contract out training programs for
15    administrative personnel and principals with revised or
16    expanded duties pursuant to this Code Act in order to
17    ensure assure they have the knowledge and skills to
18    perform their duties;
19        28. To establish a fund for the prioritized special
20    needs programs, and to allocate such funds and other lump
21    sum amounts to each attendance center in a manner
22    consistent with the provisions of part 4 of Section
23    34-2.3. Nothing in this paragraph shall be construed to
24    require any additional appropriations of State funds for
25    this purpose;
26        29. (Blank);

 

 

10200HB3217ham001- 39 -LRB102 14305 RJF 23094 a

1        30. Notwithstanding any other provision of this Act or
2    any other law to the contrary, to contract with third
3    parties for services otherwise performed by employees,
4    including those in a bargaining unit, and to layoff those
5    employees upon 14 days written notice to the affected
6    employees. Those contracts may be for a period not to
7    exceed 5 years and may be awarded on a system-wide basis.
8    The board may not operate more than 30 contract schools,
9    provided that the board may operate an additional 5
10    contract turnaround schools pursuant to item (5.5) of
11    subsection (d) of Section 34-8.3 of this Code, and the
12    governing bodies of contract schools are subject to the
13    Freedom of Information Act and Open Meetings Act;
14        31. To promulgate rules establishing procedures
15    governing the layoff or reduction in force of employees
16    and the recall of such employees, including, but not
17    limited to, criteria for such layoffs, reductions in force
18    or recall rights of such employees and the weight to be
19    given to any particular criterion. Such criteria shall
20    take into account factors, including, but not be limited
21    to, qualifications, certifications, experience,
22    performance ratings or evaluations, and any other factors
23    relating to an employee's job performance;
24        32. To develop a policy to prevent nepotism in the
25    hiring of personnel or the selection of contractors;
26        33. (Blank); and

 

 

10200HB3217ham001- 40 -LRB102 14305 RJF 23094 a

1        34. To establish a Labor Management Council to the
2    board comprised of representatives of the board, the chief
3    executive officer, and those labor organizations that are
4    the exclusive representatives of employees of the board
5    and to promulgate policies and procedures for the
6    operation of the Council.
7    The specifications of the powers herein granted are not to
8be construed as exclusive, but the board shall also exercise
9all other powers that they may be requisite or proper for the
10maintenance and the development of a public school system, not
11inconsistent with the other provisions of this Article or
12provisions of this Code which apply to all school districts.
13    In addition to the powers herein granted and authorized to
14be exercised by the board, it shall be the duty of the board to
15review or to direct independent reviews of special education
16expenditures and services. The board shall file a report of
17such review with the General Assembly on or before May 1, 1990.
18(Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18;
19101-12, eff. 7-1-19; 101-88, eff. 1-1-20; revised 8-19-19.)
 
20    Section 40. The Board of Higher Education Act is amended
21by changing Section 9.16 as follows:
 
22    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
23    Sec. 9.16. Underrepresentation of certain groups in higher
24education. To require public institutions of higher education

 

 

10200HB3217ham001- 41 -LRB102 14305 RJF 23094 a

1to develop and implement methods and strategies to increase
2the participation of minorities, women and individuals with
3disabilities who are traditionally underrepresented in
4education programs and activities. For the purpose of this
5Section, minorities shall mean persons who are citizens of the
6United States or lawful permanent resident aliens of the
7United States and who are any of the following:
8        (1) American Indian or Alaska Native (a person having
9    origins in any of the original peoples of North and South
10    America, including Central America, and who maintains
11    tribal affiliation or community attachment).
12        (2) Asian (a person having origins in any of the
13    original peoples of the Far East, Southeast Asia, or the
14    Indian subcontinent, including, but not limited to,
15    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
16    the Philippine Islands, Thailand, and Vietnam).
17        (3) Black or African American (a person having origins
18    in any of the black racial groups of Africa). Terms such as
19    "Haitian" or "Negro" can be used in addition to "Black or
20    African American".
21        (4) Hispanic or Latino (a person of Cuban, Mexican,
22    Puerto Rican, South or Central American, or other Spanish
23    culture or origin, regardless of race).
24        (5) Native Hawaiian or Other Pacific Islander (a
25    person having origins in any of the original peoples of
26    Hawaii, Guam, Samoa, or other Pacific Islands).

 

 

10200HB3217ham001- 42 -LRB102 14305 RJF 23094 a

1    The Board shall adopt any rules necessary to administer
2this Section. The Board shall also do the following:
3    (a) require all public institutions of higher education to
4develop and submit plans for the implementation of this
5Section;
6    (b) conduct periodic review of public institutions of
7higher education to determine compliance with this Section;
8and if the Board finds that a public institution of higher
9education is not in compliance with this Section, it shall
10notify the institution of steps to take to attain compliance;
11    (c) provide advice and counsel pursuant to this Section;
12    (d) conduct studies of the effectiveness of methods and
13strategies designed to increase participation of students in
14education programs and activities in which minorities, women
15and individuals with disabilities are traditionally
16underrepresented, and monitor the success of students in such
17education programs and activities;
18    (e) encourage minority student recruitment and retention
19in colleges and universities. In implementing this paragraph,
20the Board shall undertake but need not be limited to the
21following: the establishment of guidelines and plans for
22public institutions of higher education for minority student
23recruitment and retention, the review and monitoring of
24minority student programs implemented at public institutions
25of higher education to determine their compliance with any
26guidelines and plans so established, the determination of the

 

 

10200HB3217ham001- 43 -LRB102 14305 RJF 23094 a

1effectiveness and funding requirements of minority student
2programs at public institutions of higher education, the
3dissemination of successful programs as models, and the
4encouragement of cooperative partnerships between community
5colleges and local school attendance centers which are
6experiencing difficulties in enrolling minority students in
7four-year colleges and universities;
8    (f) mandate all public institutions of higher education to
9submit data and information essential to determine compliance
10with this Section. The Board shall prescribe the format and
11the date for submission of this data and any other education
12equity data; and
13    (g) report to the General Assembly and the Governor
14annually with a description of the plans submitted by each
15public institution of higher education for implementation of
16this Section, including financial data relating to the most
17recent fiscal year expenditures for specific minority
18programs, the effectiveness of such plans and programs and the
19effectiveness of the methods and strategies developed by the
20Board in meeting the purposes of this Section, the degree of
21compliance with this Section by each public institution of
22higher education as determined by the Board pursuant to its
23periodic review responsibilities, and the findings made by the
24Board in conducting its studies and monitoring student success
25as required by paragraph d) of this Section. With respect to
26each public institution of higher education such report also

 

 

10200HB3217ham001- 44 -LRB102 14305 RJF 23094 a

1shall include, but need not be limited to, information with
2respect to each institution's minority program budget
3allocations; minority student admission, retention and
4graduation statistics; admission, retention, and graduation
5statistics of all students who are the first in their
6immediate family to attend an institution of higher education;
7number of financial assistance awards to undergraduate and
8graduate minority students; and minority faculty
9representation. This paragraph shall not be construed to
10prohibit the Board from making, preparing or issuing
11additional surveys or studies with respect to minority
12education in Illinois.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    Section 45. The Dental Student Grant Act is amended by
15changing Section 3.07 as follows:
 
16    (110 ILCS 925/3.07)  (from Ch. 144, par. 1503.07)
17    Sec. 3.07. "Racial minority" means a person who is any of
18the following:
19        (1) American Indian or Alaska Native (a person having
20    origins in any of the original peoples of North and South
21    America, including Central America, and who maintains
22    tribal affiliation or community attachment).
23        (2) Asian (a person having origins in any of the
24    original peoples of the Far East, Southeast Asia, or the

 

 

10200HB3217ham001- 45 -LRB102 14305 RJF 23094 a

1    Indian subcontinent, including, but not limited to,
2    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
3    the Philippine Islands, Thailand, and Vietnam).
4        (3) Black or African American (a person having origins
5    in any of the black racial groups of Africa). Terms such as
6    "Haitian" or "Negro" can be used in addition to "Black or
7    African American".
8        (4) Hispanic or Latino (a person of Cuban, Mexican,
9    Puerto Rican, South or Central American, or other Spanish
10    culture or origin, regardless of race).
11        (5) Native Hawaiian or Other Pacific Islander (a
12    person having origins in any of the original peoples of
13    Hawaii, Guam, Samoa, or other Pacific Islands).
14(Source: P.A. 97-396, eff. 1-1-12.)
 
15    Section 50. The Diversifying Higher Education Faculty in
16Illinois Act is amended by changing Section 2 as follows:
 
17    (110 ILCS 930/2)  (from Ch. 144, par. 2302)
18    Sec. 2. Definitions. As used in this Act, unless the
19context otherwise requires:
20    "Board" means the Board of Higher Education.
21    "DFI" means the Diversifying Higher Education Faculty in
22Illinois Program of financial assistance to minorities who are
23traditionally underrepresented as participants in
24postsecondary education. The program shall assist them in

 

 

10200HB3217ham001- 46 -LRB102 14305 RJF 23094 a

1pursuing a graduate or professional degree and shall also
2assist program graduates to find employment at an Illinois
3institution of higher education, including a community
4college, in a faculty or staff position.
5    "Program Board" means the entity created to administer the
6grant program authorized by this Act.
7    "Qualified institution of higher education" means a
8qualifying publicly or privately operated educational
9institution located within Illinois (i) that offers
10instruction leading toward or prerequisite to an academic or
11professional degree beyond the baccalaureate degree, excluding
12theological schools, and (ii) that is authorized to operate in
13the State of Illinois.
14    "Racial minority" means a person who is a citizen of the
15United States or a lawful permanent resident alien of the
16United States and who is any of the following:
17        (1) American Indian or Alaska Native (a person having
18    origins in any of the original peoples of North and South
19    America, including Central America, and who maintains
20    tribal affiliation or community attachment).
21        (2) Asian (a person having origins in any of the
22    original peoples of the Far East, Southeast Asia, or the
23    Indian subcontinent, including, but not limited to,
24    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
25    the Philippine Islands, Thailand, and Vietnam).
26        (3) Black or African American (a person having origins

 

 

10200HB3217ham001- 47 -LRB102 14305 RJF 23094 a

1    in any of the black racial groups of Africa). Terms such as
2    "Haitian" or "Negro" can be used in addition to "Black or
3    African American".
4        (4) Hispanic or Latino (a person of Cuban, Mexican,
5    Puerto Rican, South or Central American, or other Spanish
6    culture or origin, regardless of race).
7        (5) Native Hawaiian or Other Pacific Islander (a
8    person having origins in any of the original peoples of
9    Hawaii, Guam, Samoa, or other Pacific Islands).
10(Source: P.A. 97-396, eff. 1-1-12.)
 
11    Section 55. The Higher Education Student Assistance Act is
12amended by changing Sections 50 and 65.30 as follows:
 
13    (110 ILCS 947/50)
14    Sec. 50. Minority Teachers of Illinois scholarship
15program.
16    (a) As used in this Section:
17        "Eligible applicant" means a minority student who has
18    graduated from high school or has received a high school
19    equivalency certificate and has maintained a cumulative
20    grade point average of no less than 2.5 on a 4.0 scale, and
21    who by reason thereof is entitled to apply for
22    scholarships to be awarded under this Section.
23        "Minority student" means a student who is any of the
24    following:

 

 

10200HB3217ham001- 48 -LRB102 14305 RJF 23094 a

1            (1) American Indian or Alaska Native (a person
2        having origins in any of the original peoples of North
3        and South America, including Central America, and who
4        maintains tribal affiliation or community attachment).
5            (2) Asian (a person having origins in any of the
6        original peoples of the Far East, Southeast Asia, or
7        the Indian subcontinent, including, but not limited
8        to, Cambodia, China, India, Japan, Korea, Malaysia,
9        Pakistan, the Philippine Islands, Thailand, and
10        Vietnam).
11            (3) Black or African American (a person having
12        origins in any of the black racial groups of Africa).
13        Terms such as "Haitian" or "Negro" can be used in
14        addition to "Black or African American".
15            (4) Hispanic or Latino (a person of Cuban,
16        Mexican, Puerto Rican, South or Central American, or
17        other Spanish culture or origin, regardless of race).
18            (5) Native Hawaiian or Other Pacific Islander (a
19        person having origins in any of the original peoples
20        of Hawaii, Guam, Samoa, or other Pacific Islands).
21        "Qualified student" means a person (i) who is a
22    resident of this State and a citizen or permanent resident
23    of the United States; (ii) who is a minority student, as
24    defined in this Section; (iii) who, as an eligible
25    applicant, has made a timely application for a minority
26    teaching scholarship under this Section; (iv) who is

 

 

10200HB3217ham001- 49 -LRB102 14305 RJF 23094 a

1    enrolled on at least a half-time basis at a qualified
2    Illinois institution of higher learning; (v) who is
3    enrolled in a course of study leading to teacher
4    licensure, including alternative teacher licensure, or, if
5    the student is already licensed to teach, in a course of
6    study leading to an additional teaching endorsement or a
7    master's degree in an academic field in which he or she is
8    teaching or plans to teach; (vi) who maintains a grade
9    point average of no less than 2.5 on a 4.0 scale; and (vii)
10    who continues to advance satisfactorily toward the
11    attainment of a degree.
12    (b) In order to encourage academically talented Illinois
13minority students to pursue teaching careers at the preschool
14or elementary or secondary school level, each qualified
15student shall be awarded a minority teacher scholarship to any
16qualified Illinois institution of higher learning. However,
17preference may be given to qualified applicants enrolled at or
18above the junior level.
19    (c) Each minority teacher scholarship awarded under this
20Section shall be in an amount sufficient to pay the tuition and
21fees and room and board costs of the qualified Illinois
22institution of higher learning at which the recipient is
23enrolled, up to an annual maximum of $5,000; except that in the
24case of a recipient who does not reside on-campus at the
25institution at which he or she is enrolled, the amount of the
26scholarship shall be sufficient to pay tuition and fee

 

 

10200HB3217ham001- 50 -LRB102 14305 RJF 23094 a

1expenses and a commuter allowance, up to an annual maximum of
2$5,000.
3    (d) The total amount of minority teacher scholarship
4assistance awarded by the Commission under this Section to an
5individual in any given fiscal year, when added to other
6financial assistance awarded to that individual for that year,
7shall not exceed the cost of attendance at the institution at
8which the student is enrolled. If the amount of minority
9teacher scholarship to be awarded to a qualified student as
10provided in subsection (c) of this Section exceeds the cost of
11attendance at the institution at which the student is
12enrolled, the minority teacher scholarship shall be reduced by
13an amount equal to the amount by which the combined financial
14assistance available to the student exceeds the cost of
15attendance.
16    (e) The maximum number of academic terms for which a
17qualified student can receive minority teacher scholarship
18assistance shall be 8 semesters or 12 quarters.
19    (f) In any academic year for which an eligible applicant
20under this Section accepts financial assistance through the
21Paul Douglas Teacher Scholarship Program, as authorized by
22Section 551 et seq. of the Higher Education Act of 1965, the
23applicant shall not be eligible for scholarship assistance
24awarded under this Section.
25    (g) All applications for minority teacher scholarships to
26be awarded under this Section shall be made to the Commission

 

 

10200HB3217ham001- 51 -LRB102 14305 RJF 23094 a

1on forms which the Commission shall provide for eligible
2applicants. The form of applications and the information
3required to be set forth therein shall be determined by the
4Commission, and the Commission shall require eligible
5applicants to submit with their applications such supporting
6documents or recommendations as the Commission deems
7necessary.
8    (h) Subject to a separate appropriation for such purposes,
9payment of any minority teacher scholarship awarded under this
10Section shall be determined by the Commission. All scholarship
11funds distributed in accordance with this subsection shall be
12paid to the institution and used only for payment of the
13tuition and fee and room and board expenses incurred by the
14student in connection with his or her attendance at a
15qualified Illinois institution of higher learning. Any
16minority teacher scholarship awarded under this Section shall
17be applicable to 2 semesters or 3 quarters of enrollment. If a
18qualified student withdraws from enrollment prior to
19completion of the first semester or quarter for which the
20minority teacher scholarship is applicable, the school shall
21refund to the Commission the full amount of the minority
22teacher scholarship.
23    (i) The Commission shall administer the minority teacher
24scholarship aid program established by this Section and shall
25make all necessary and proper rules not inconsistent with this
26Section for its effective implementation.

 

 

10200HB3217ham001- 52 -LRB102 14305 RJF 23094 a

1    (j) When an appropriation to the Commission for a given
2fiscal year is insufficient to provide scholarships to all
3qualified students, the Commission shall allocate the
4appropriation in accordance with this subsection. If funds are
5insufficient to provide all qualified students with a
6scholarship as authorized by this Section, the Commission
7shall allocate the available scholarship funds for that fiscal
8year on the basis of the date the Commission receives a
9complete application form.
10    (k) Notwithstanding the provisions of subsection (j) or
11any other provision of this Section, at least 30% of the funds
12appropriated for scholarships awarded under this Section in
13each fiscal year shall be reserved for qualified male minority
14applicants. If the Commission does not receive enough
15applications from qualified male minorities on or before
16January 1 of each fiscal year to award 30% of the funds
17appropriated for these scholarships to qualified male minority
18applicants, then the Commission may award a portion of the
19reserved funds to qualified female minority applicants.
20    (l) Prior to receiving scholarship assistance for any
21academic year, each recipient of a minority teacher
22scholarship awarded under this Section shall be required by
23the Commission to sign an agreement under which the recipient
24pledges that, within the one-year period following the
25termination of the program for which the recipient was awarded
26a minority teacher scholarship, the recipient (i) shall begin

 

 

10200HB3217ham001- 53 -LRB102 14305 RJF 23094 a

1teaching for a period of not less than one year for each year
2of scholarship assistance he or she was awarded under this
3Section; and (ii) shall fulfill this teaching obligation at a
4nonprofit Illinois public, private, or parochial preschool,
5elementary school, or secondary school at which no less than
630% of the enrolled students are minority students in the year
7during which the recipient begins teaching at the school; and
8(iii) shall, upon request by the Commission, provide the
9Commission with evidence that he or she is fulfilling or has
10fulfilled the terms of the teaching agreement provided for in
11this subsection.
12    (m) If a recipient of a minority teacher scholarship
13awarded under this Section fails to fulfill the teaching
14obligation set forth in subsection (l) of this Section, the
15Commission shall require the recipient to repay the amount of
16the scholarships received, prorated according to the fraction
17of the teaching obligation not completed, at a rate of
18interest equal to 5%, and, if applicable, reasonable
19collection fees. The Commission is authorized to establish
20rules relating to its collection activities for repayment of
21scholarships under this Section. All repayments collected
22under this Section shall be forwarded to the State Comptroller
23for deposit into the State's General Revenue Fund.
24    (n) A recipient of minority teacher scholarship shall not
25be considered in violation of the agreement entered into
26pursuant to subsection (l) if the recipient (i) enrolls on a

 

 

10200HB3217ham001- 54 -LRB102 14305 RJF 23094 a

1full time basis as a graduate student in a course of study
2related to the field of teaching at a qualified Illinois
3institution of higher learning; (ii) is serving, not in excess
4of 3 years, as a member of the armed services of the United
5States; (iii) is a person with a temporary total disability
6for a period of time not to exceed 3 years as established by
7sworn affidavit of a qualified physician; (iv) is seeking and
8unable to find full time employment as a teacher at an Illinois
9public, private, or parochial preschool or elementary or
10secondary school that satisfies the criteria set forth in
11subsection (l) of this Section and is able to provide evidence
12of that fact; (v) becomes a person with a permanent total
13disability as established by sworn affidavit of a qualified
14physician; (vi) is taking additional courses, on at least a
15half-time basis, needed to obtain licensure as a teacher in
16Illinois; or (vii) is fulfilling teaching requirements
17associated with other programs administered by the Commission
18and cannot concurrently fulfill them under this Section in a
19period of time equal to the length of the teaching obligation.
20    (o) Scholarship recipients under this Section who withdraw
21from a program of teacher education but remain enrolled in
22school to continue their postsecondary studies in another
23academic discipline shall not be required to commence
24repayment of their Minority Teachers of Illinois scholarship
25so long as they remain enrolled in school on a full-time basis
26or if they can document for the Commission special

 

 

10200HB3217ham001- 55 -LRB102 14305 RJF 23094 a

1circumstances that warrant extension of repayment.
2(Source: P.A. 99-143, eff. 7-27-15; 100-235, eff. 6-1-18.)
 
3    (110 ILCS 947/65.30)
4    Sec. 65.30. Equal opportunity scholarships.
5    (a) The Commission may annually award a number of
6scholarships to students who are interested in pursuing
7studies in educational administration. Such scholarships shall
8be issued to students who make application to the Commission
9and who agree to take courses at qualified institutions of
10higher learning that will allow them to complete a degree in
11educational administration.
12    (b) Scholarships awarded under this Section shall be
13issued pursuant to regulations promulgated by the Commission;
14provided that no rule or regulation promulgated by the State
15Board of Education prior to the effective date of this
16amendatory Act of 1993 pursuant to the exercise of any right,
17power, duty, responsibility or matter of pending business
18transferred from the State Board of Education to the
19Commission under this Section shall be affected thereby, and
20all such rules and regulations shall become the rules and
21regulations of the Commission until modified or changed by the
22Commission in accordance with law.
23    (c) Such scholarships shall be utilized for the payment of
24tuition and non-revenue bond fees at any qualified institution
25of higher learning. Such tuition and fees shall only be

 

 

10200HB3217ham001- 56 -LRB102 14305 RJF 23094 a

1available for courses that will enable the student to complete
2training in educational administration. The Commission shall
3determine which courses are eligible for tuition payments
4under this Section.
5    (d) The Commission may make tuition payments directly to
6the qualified institution of higher learning which the student
7attends for the courses prescribed or may make payments to the
8student. Any student who receives payments and who fails to
9enroll in the courses prescribed shall refund the payments to
10the Commission.
11    (e) The Commission, with the cooperation of the State
12Board of Education, shall assist students who have
13participated in the scholarship program established by this
14Section in finding employment in positions relating to
15educational administration.
16    (f) Appropriations for the scholarships outlined in this
17Section shall be made to the Commission from funds
18appropriated by the General Assembly.
19    (g) This Section is substantially the same as Section
2030-4d of the School Code, which Section is repealed by this
21amendatory Act of 1993, and shall be construed as a
22continuation of the equal opportunity scholarship program
23established under that prior law, and not as a new or different
24equal opportunity scholarship program. The State Board of
25Education shall transfer to the Commission, as the successor
26to the State Board of Education for all purposes of

 

 

10200HB3217ham001- 57 -LRB102 14305 RJF 23094 a

1administering and implementing the provisions of this Section,
2all books, accounts, records, papers, documents, contracts,
3agreements, and pending business in any way relating to the
4equal opportunity scholarship program continued under this
5Section; and all scholarships at any time awarded under that
6program by, and all applications for any such scholarship at
7any time made to, the State Board of Education shall be
8unaffected by the transfer to the Commission of all
9responsibility for the administration and implementation of
10the equal opportunity scholarship program continued under this
11Section. The State Board of Education shall furnish to the
12Commission such other information as the Commission may
13request to assist it in administering this Section.
14    (h) For purposes of this Section:
15        (1) "Qualified institution of higher learning" means
16    the University of Illinois; Southern Illinois University;
17    Chicago State University; Eastern Illinois University;
18    Governors State University; Illinois State University;
19    Northeastern Illinois University; Northern Illinois
20    University; Western Illinois University; the public
21    community colleges of the State; any other public
22    universities, colleges and community colleges now or
23    hereafter established or authorized by the General
24    Assembly; and any Illinois privately operated, not for
25    profit institution located in this State which provides at
26    least an organized 2-year program of collegiate grade in

 

 

10200HB3217ham001- 58 -LRB102 14305 RJF 23094 a

1    liberal arts or sciences, or both, directly applicable
2    toward the attainment of a baccalaureate or graduate
3    degree.
4        (2) "Racial minority" means a person who is any of the
5    following:
6            (1) American Indian or Alaska Native (a person
7        having origins in any of the original peoples of North
8        and South America, including Central America, and who
9        maintains tribal affiliation or community attachment).
10            (2) Asian (a person having origins in any of the
11        original peoples of the Far East, Southeast Asia, or
12        the Indian subcontinent, including, but not limited
13        to, Cambodia, China, India, Japan, Korea, Malaysia,
14        Pakistan, the Philippine Islands, Thailand, and
15        Vietnam).
16            (3) Black or African American (a person having
17        origins in any of the black racial groups of Africa).
18        Terms such as "Haitian" or "Negro" can be used in
19        addition to "Black or African American".
20            (4) Hispanic or Latino (a person of Cuban,
21        Mexican, Puerto Rican, South or Central American, or
22        other Spanish culture or origin, regardless of race).
23            (5) Native Hawaiian or Other Pacific Islander (a
24        person having origins in any of the original peoples
25        of Hawaii, Guam, Samoa, or other Pacific Islands).
26        (3) "Student" means a woman or racial minority.

 

 

10200HB3217ham001- 59 -LRB102 14305 RJF 23094 a

1(Source: P.A. 97-396, eff. 1-1-12.)
 
2    Section 60. The Illinois Insurance Code is amended by
3changing Section 500-50 as follows:
 
4    (215 ILCS 5/500-50)
5    (Section scheduled to be repealed on January 1, 2027)
6    Sec. 500-50. Insurance producers; examination statistics.
7    (a) The use of examinations for the purpose of determining
8qualifications of persons to be licensed as insurance
9producers has a direct and far-reaching effect on persons
10seeking those licenses, on insurance companies, and on the
11public. It is in the public interest and it will further the
12public welfare to insure that examinations for licensing do
13not have the effect of unlawfully discriminating against
14applicants for licensing as insurance producers on the basis
15of race, color, national origin, or sex.
16    (b) As used in this Section, the following words have the
17meanings given in this subsection.
18    Examination. "Examination" means the examination in each
19line of insurance administered pursuant to Section 500-30.
20    Examinee. "Examinee" means a person who takes an
21examination.
22    Part. "Part" means a portion of an examination for which a
23score is calculated.
24    Operational item. "Operational item" means a test question

 

 

10200HB3217ham001- 60 -LRB102 14305 RJF 23094 a

1considered in determining an examinee's score.
2    Test form. "Test form" means the test booklet or
3instrument used for a part of an examination.
4    Pretest item. "Pretest item" means a prospective test
5question that is included in a test form in order to assess its
6performance, but is not considered in determining an
7examinee's score.
8    Minority group or examinees. "Minority group" or "minority
9examinees" means examinees who are American Indian or Alaska
10Native, Asian, Black or African American, Hispanic or Latino,
11or Native Hawaiian or Other Pacific Islander.
12    Correct-answer rate. "Correct-answer rate" for an item
13means the number of examinees who provided the correct answer
14on an item divided by the number of examinees who answered the
15item.
16    Correlation. "Correlation" means a statistical measure of
17the relationship between performance on an item and
18performance on a part of the examination.
19    (c) The Director shall ask each examinee to self-report on
20a voluntary basis on the answer sheet, application form, or by
21other appropriate means, the following information:
22        (1) race or ethnicity (American Indian or Alaska
23    Native, Asian, Black or African American, Hispanic or
24    Latino, Native Hawaiian or Other Pacific Islander, or
25    White);
26        (2) education (8th grade or less; less than 12th

 

 

10200HB3217ham001- 61 -LRB102 14305 RJF 23094 a

1    grade; high school diploma or high school equivalency
2    certificate; some college, but no 4-year degree; or 4-year
3    degree or more); and
4        (3) gender (male or female).
5    The Director must advise all examinees that they are not
6required to provide this information, that they will not be
7penalized for not doing so, and that the Director will use the
8information provided exclusively for research and statistical
9purposes and to improve the quality and fairness of the
10examinations.
11    (d) No later than May 1 of each year, the Director must
12prepare, publicly announce, and publish an Examination Report
13of summary statistical information relating to each
14examination administered during the preceding calendar year.
15Each Examination Report shall show with respect to each
16examination:
17        (1) For all examinees combined and separately by race
18    or ethnicity, by educational level, by gender, by
19    educational level within race or ethnicity, by education
20    level within gender, and by race or ethnicity within
21    gender:
22            (A) number of examinees;
23            (B) percentage and number of examinees who passed
24        each part;
25            (C) percentage and number of examinees who passed
26        all parts;

 

 

10200HB3217ham001- 62 -LRB102 14305 RJF 23094 a

1            (D) mean scaled scores on each part; and
2            (E) standard deviation of scaled scores on each
3        part.
4        (2) For male examinees, female examinees, Black or
5    African American examinees, white examinees, American
6    Indian or Alaska Native examinees, Asian examinees,
7    Hispanic or Latino examinees, and Native Hawaiian or Other
8    Pacific Islander, respectively, with a high school diploma
9    or high school equivalency certificate, the distribution
10    of scaled scores on each part.
11    No later than May 1 of each year, the Director must prepare
12and make available on request an Item Report of summary
13statistical information relating to each operational item on
14each test form administered during the preceding calendar
15year. The Item Report shall show, for each operational item,
16for all examinees combined and separately for Black or African
17American examinees, white examinees, American Indian or Alaska
18Native examinees, Asian examinees, Hispanic or Latino
19examinees, and Native Hawaiian or Other Pacific Islander, the
20correct-answer rates and correlations.
21    The Director is not required to report separate
22statistical information for any group or subgroup comprising
23fewer than 50 examinees.
24    (e) The Director must obtain a regular analysis of the
25data collected under this Section, and any other relevant
26information, for purposes of the development of new test

 

 

10200HB3217ham001- 63 -LRB102 14305 RJF 23094 a

1forms. The analysis shall continue the implementation of the
2item selection methodology as recommended in the Final Report
3of the Illinois Insurance Producer's Licensing Examination
4Advisory Committee dated November 19, 1991, and filed with the
5Department unless some other methodology is determined by the
6Director to be as effective in minimizing differences between
7white and minority examinee pass-fail rates.
8    (f) The Director has the discretion to set cutoff scores
9for the examinations, provided that scaled scores on test
10forms administered after July 1, 1993, shall be made
11comparable to scaled scores on test forms administered in 1991
12by use of professionally acceptable methods so as to minimize
13changes in passing rates related to the presence or absence of
14or changes in equating or scaling equations or methods or
15content outlines. Each calendar year, the scaled cutoff score
16for each part of each examination shall fluctuate by no more
17than the standard error of measurement from the scaled cutoff
18score employed during the preceding year.
19    (g) No later than May 1, 2003 and no later than May 1 of
20every fourth year thereafter, the Director must release to the
21public and make generally available one representative test
22form and set of answer keys for each part of each examination.
23    (h) The Director must maintain, for a period of 3 years
24after they are prepared or used, all registration forms, test
25forms, answer sheets, operational items and pretest items,
26item analyses, and other statistical analyses relating to the

 

 

10200HB3217ham001- 64 -LRB102 14305 RJF 23094 a

1examinations. All personal identifying information regarding
2examinees and the content of test items must be maintained
3confidentially as necessary for purposes of protecting the
4personal privacy of examinees and the maintenance of test
5security.
6    (i) In administering the examinations, the Director must
7make such accommodations for examinees with disabilities as
8are reasonably warranted by the particular disability
9involved, including the provision of additional time if
10necessary to complete an examination or special assistance in
11taking an examination.
12    (j) For the purposes of this Section:
13        (1) "American Indian or Alaska Native" means a person
14    having origins in any of the original peoples of North and
15    South America, including Central America, and who
16    maintains tribal affiliation or community attachment.
17        (2) "Asian" means a person having origins in any of
18    the original peoples of the Far East, Southeast Asia, or
19    the Indian subcontinent, including, but not limited to,
20    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
21    the Philippine Islands, Thailand, and Vietnam.
22        (3) "Black or African American" means a person having
23    origins in any of the black racial groups of Africa. Terms
24    such as "Haitian" or "Negro" can be used in addition to
25    "Black or African American".
26        (4) "Hispanic or Latino" means a person of Cuban,

 

 

10200HB3217ham001- 65 -LRB102 14305 RJF 23094 a

1    Mexican, Puerto Rican, South or Central American, or other
2    Spanish culture or origin, regardless of race.
3        (5) "Native Hawaiian or Other Pacific Islander" means
4    a person having origins in any of the original peoples of
5    Hawaii, Guam, Samoa, or other Pacific Islands.
6        (6) "White" means a person having origins in any of
7    the original peoples of Europe, the Middle East, or North
8    Africa.
9(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
10    Section 65. The Illinois Public Aid Code is amended by
11changing Section 4-23 as follows:
 
12    (305 ILCS 5/4-23)
13    Sec. 4-23. Civil rights impact statement.
14    (a) The Department of Human Services must submit to the
15Governor and the General Assembly on January 1 of each
16even-numbered year a written report that details the disparate
17impact of various provisions of the TANF program on people of
18different racial or ethnic groups who identify themselves in
19an application for benefits as any of the following:
20        (1) American Indian or Alaska Native (a person having
21    origins in any of the original peoples of North and South
22    America, including Central America, and who maintains
23    tribal affiliation or community attachment).
24        (2) Asian (a person having origins in any of the

 

 

10200HB3217ham001- 66 -LRB102 14305 RJF 23094 a

1    original peoples of the Far East, Southeast Asia, or the
2    Indian subcontinent, including, but not limited to,
3    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
4    the Philippine Islands, Thailand, and Vietnam).
5        (3) Black or African American (a person having origins
6    in any of the black racial groups of Africa). Terms such as
7    "Haitian" or "Negro" can be used in addition to "Black or
8    African American".
9        (4) Hispanic or Latino (a person of Cuban, Mexican,
10    Puerto Rican, South or Central American, or other Spanish
11    culture or origin, regardless of race).
12        (5) Native Hawaiian or Other Pacific Islander (a
13    person having origins in any of the original peoples of
14    Hawaii, Guam, Samoa, or other Pacific Islands).
15        (6) White (a person having origins in any of the
16    original peoples of Europe, the Middle East, or North
17    Africa).
18    (b) The report must at least compare the number of persons
19in each group:
20        (1) who are receiving TANF assistance;
21        (2) whose 60-month lifetime limit on receiving
22    assistance has expired;
23        (3) who have left TANF due to earned income;
24        (4) who have left TANF due to non-compliance with
25    program rules;
26        (5) whose TANF grants have been reduced by sanctions

 

 

10200HB3217ham001- 67 -LRB102 14305 RJF 23094 a

1    for non-compliance with program rules;
2        (6) who have returned to TANF 6 months after leaving
3    due to earned income;
4        (7) who have returned to TANF 12 months after leaving
5    due to earned income;
6        (8) who have one or more children excluded from
7    receiving TANF cash assistance due to the child exclusion
8    rule;
9        (9) who have been granted an exemption from work
10    requirements; and
11        (10) who are participating in post-secondary education
12    activities.
13(Source: P.A. 97-396, eff. 1-1-12.)
 
14    Section 70. The Illinois Vehicle Code is amended by
15changing Section 11-212 as follows:
 
16    (625 ILCS 5/11-212)
17    Sec. 11-212. Traffic and pedestrian stop statistical
18study.
19    (a) Whenever a State or local law enforcement officer
20issues a uniform traffic citation or warning citation for an
21alleged violation of the Illinois Vehicle Code, he or she
22shall record at least the following:
23        (1) the name, address, gender, and the officer's
24    subjective determination of the race of the person

 

 

10200HB3217ham001- 68 -LRB102 14305 RJF 23094 a

1    stopped; the person's race shall be selected from the
2    following list: American Indian or Alaska Native, Asian,
3    Black or African American, Hispanic or Latino, Native
4    Hawaiian or Other Pacific Islander, or White;
5        (2) the alleged traffic violation that led to the stop
6    of the motorist;
7        (3) the make and year of the vehicle stopped;
8        (4) the date and time of the stop, beginning when the
9    vehicle was stopped and ending when the driver is free to
10    leave or taken into physical custody;
11        (5) the location of the traffic stop;
12        (5.5) whether or not a consent search contemporaneous
13    to the stop was requested of the vehicle, driver,
14    passenger, or passengers; and, if so, whether consent was
15    given or denied;
16        (6) whether or not a search contemporaneous to the
17    stop was conducted of the vehicle, driver, passenger, or
18    passengers; and, if so, whether it was with consent or by
19    other means;
20        (6.2) whether or not a police dog performed a sniff of
21    the vehicle; and, if so, whether or not the dog alerted to
22    the presence of contraband; and, if so, whether or not an
23    officer searched the vehicle; and, if so, whether or not
24    contraband was discovered; and, if so, the type and amount
25    of contraband;
26        (6.5) whether or not contraband was found during a

 

 

10200HB3217ham001- 69 -LRB102 14305 RJF 23094 a

1    search; and, if so, the type and amount of contraband
2    seized; and
3        (7) the name and badge number of the issuing officer.
4    (b) Whenever a State or local law enforcement officer
5stops a motorist for an alleged violation of the Illinois
6Vehicle Code and does not issue a uniform traffic citation or
7warning citation for an alleged violation of the Illinois
8Vehicle Code, he or she shall complete a uniform stop card,
9which includes field contact cards, or any other existing form
10currently used by law enforcement containing information
11required pursuant to this Act, that records at least the
12following:
13        (1) the name, address, gender, and the officer's
14    subjective determination of the race of the person
15    stopped; the person's race shall be selected from the
16    following list: American Indian or Alaska Native, Asian,
17    Black or African American, Hispanic or Latino, Native
18    Hawaiian or Other Pacific Islander, or White;
19        (2) the reason that led to the stop of the motorist;
20        (3) the make and year of the vehicle stopped;
21        (4) the date and time of the stop, beginning when the
22    vehicle was stopped and ending when the driver is free to
23    leave or taken into physical custody;
24        (5) the location of the traffic stop;
25        (5.5) whether or not a consent search contemporaneous
26    to the stop was requested of the vehicle, driver,

 

 

10200HB3217ham001- 70 -LRB102 14305 RJF 23094 a

1    passenger, or passengers; and, if so, whether consent was
2    given or denied;
3        (6) whether or not a search contemporaneous to the
4    stop was conducted of the vehicle, driver, passenger, or
5    passengers; and, if so, whether it was with consent or by
6    other means;
7        (6.2) whether or not a police dog performed a sniff of
8    the vehicle; and, if so, whether or not the dog alerted to
9    the presence of contraband; and, if so, whether or not an
10    officer searched the vehicle; and, if so, whether or not
11    contraband was discovered; and, if so, the type and amount
12    of contraband;
13        (6.5) whether or not contraband was found during a
14    search; and, if so, the type and amount of contraband
15    seized; and
16        (7) the name and badge number of the issuing officer.
17    (b-5) For purposes of this subsection (b-5), "detention"
18means all frisks, searches, summons, and arrests. Whenever a
19law enforcement officer subjects a pedestrian to detention in
20a public place, he or she shall complete a uniform pedestrian
21stop card, which includes any existing form currently used by
22law enforcement containing all the information required under
23this Section, that records at least the following:
24        (1) the gender, and the officer's subjective
25    determination of the race of the person stopped; the
26    person's race shall be selected from the following list:

 

 

10200HB3217ham001- 71 -LRB102 14305 RJF 23094 a

1    American Indian or Alaska Native, Asian, Black or African
2    American, Hispanic or Latino, Native Hawaiian or Other
3    Pacific Islander, or White;
4        (2) all the alleged reasons that led to the stop of the
5    person;
6        (3) the date and time of the stop;
7        (4) the location of the stop;
8        (5) whether or not a protective pat down or frisk was
9    conducted of the person; and, if so, all the alleged
10    reasons that led to the protective pat down or frisk, and
11    whether it was with consent or by other means;
12        (6) whether or not contraband was found during the
13    protective pat down or frisk; and, if so, the type and
14    amount of contraband seized;
15        (7) whether or not a search beyond a protective pat
16    down or frisk was conducted of the person or his or her
17    effects; and, if so, all the alleged reasons that led to
18    the search, and whether it was with consent or by other
19    means;
20        (8) whether or not contraband was found during the
21    search beyond a protective pat down or frisk; and, if so,
22    the type and amount of contraband seized;
23        (9) the disposition of the stop, such as a warning, a
24    ticket, a summons, or an arrest;
25        (10) if a summons or ticket was issued, or an arrest
26    made, a record of the violations, offenses, or crimes

 

 

10200HB3217ham001- 72 -LRB102 14305 RJF 23094 a

1    alleged or charged; and
2        (11) the name and badge number of the officer who
3    conducted the detention.
4    This subsection (b-5) does not apply to searches or
5inspections for compliance authorized under the Fish and
6Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
7or searches or inspections during routine security screenings
8at facilities or events.
9    (c) The Illinois Department of Transportation shall
10provide a standardized law enforcement data compilation form
11on its website.
12    (d) Every law enforcement agency shall, by March 1 with
13regard to data collected during July through December of the
14previous calendar year and by August 1 with regard to data
15collected during January through June of the current calendar
16year, compile the data described in subsections (a), (b), and
17(b-5) on the standardized law enforcement data compilation
18form provided by the Illinois Department of Transportation and
19transmit the data to the Department.
20    (e) The Illinois Department of Transportation shall
21analyze the data provided by law enforcement agencies required
22by this Section and submit a report of the previous year's
23findings to the Governor, the General Assembly, the Racial
24Profiling Prevention and Data Oversight Board, and each law
25enforcement agency no later than July 1 of each year. The
26Illinois Department of Transportation may contract with an

 

 

10200HB3217ham001- 73 -LRB102 14305 RJF 23094 a

1outside entity for the analysis of the data provided. In
2analyzing the data collected under this Section, the analyzing
3entity shall scrutinize the data for evidence of statistically
4significant aberrations. The following list, which is
5illustrative, and not exclusive, contains examples of areas in
6which statistically significant aberrations may be found:
7        (1) The percentage of minority drivers, passengers, or
8    pedestrians being stopped in a given area is substantially
9    higher than the proportion of the overall population in or
10    traveling through the area that the minority constitutes.
11        (2) A substantial number of false stops including
12    stops not resulting in the issuance of a traffic ticket or
13    the making of an arrest.
14        (3) A disparity between the proportion of citations
15    issued to minorities and proportion of minorities in the
16    population.
17        (4) A disparity among the officers of the same law
18    enforcement agency with regard to the number of minority
19    drivers, passengers, or pedestrians being stopped in a
20    given area.
21        (5) A disparity between the frequency of searches
22    performed on minority drivers or pedestrians and the
23    frequency of searches performed on non-minority drivers or
24    pedestrians.
25    (f) Any law enforcement officer identification information
26and driver or pedestrian identification information that is

 

 

10200HB3217ham001- 74 -LRB102 14305 RJF 23094 a

1compiled by any law enforcement agency or the Illinois
2Department of Transportation pursuant to this Act for the
3purposes of fulfilling the requirements of this Section shall
4be confidential and exempt from public inspection and copying,
5as provided under Section 7 of the Freedom of Information Act,
6and the information shall not be transmitted to anyone except
7as needed to comply with this Section. This Section shall not
8exempt those materials that, prior to the effective date of
9this amendatory Act of the 93rd General Assembly, were
10available under the Freedom of Information Act. This
11subsection (f) shall not preclude law enforcement agencies
12from reviewing data to perform internal reviews.
13    (g) Funding to implement this Section shall come from
14federal highway safety funds available to Illinois, as
15directed by the Governor.
16    (h) The Illinois Criminal Justice Information Authority,
17in consultation with law enforcement agencies, officials, and
18organizations, including Illinois chiefs of police, the
19Department of State Police, the Illinois Sheriffs Association,
20and the Chicago Police Department, and community groups and
21other experts, shall undertake a study to determine the best
22use of technology to collect, compile, and analyze the traffic
23stop statistical study data required by this Section. The
24Department shall report its findings and recommendations to
25the Governor and the General Assembly by March 1, 2022.
26    (h-1) The Traffic and Pedestrian Stop Data Use and

 

 

10200HB3217ham001- 75 -LRB102 14305 RJF 23094 a

1Collection Task Force is hereby created.
2        (1) The Task Force shall undertake a study to
3    determine the best use of technology to collect, compile,
4    and analyze the traffic stop statistical study data
5    required by this Section.
6        (2) The Task Force shall be an independent Task Force
7    under the Illinois Criminal Justice Information Authority
8    for administrative purposes, and shall consist of the
9    following members:
10            (A) 2 academics or researchers who have studied
11        issues related to traffic or pedestrian stop data
12        collection and have education or expertise in
13        statistics;
14            (B) one professor from an Illinois university who
15        specializes in policing and racial equity;
16            (C) one representative from the Illinois State
17        Police;
18            (D) one representative from the Chicago Police
19        Department;
20            (E) one representative from the Illinois Chiefs of
21        Police;
22            (F) one representative from the Illinois Sheriffs
23        Association;
24            (G) one representative from the Chicago Fraternal
25        Order of Police;
26            (H) one representative from the Illinois Fraternal

 

 

10200HB3217ham001- 76 -LRB102 14305 RJF 23094 a

1        Order of Police;
2            (I) the Executive Director of the American Civil
3        Liberties Union of Illinois, or his or her designee;
4        and
5            (J) 5 representatives from different community
6        organizations who specialize in civil or human rights,
7        policing, or criminal justice reform work, and that
8        represent a range of minority interests or different
9        parts of the State.
10        (3) The Illinois Criminal Justice Information
11    Authority may consult, contract, work in conjunction with,
12    and obtain any information from any individual, agency,
13    association, or research institution deemed appropriate by
14    the Authority.
15        (4) The Task Force shall report its findings and
16    recommendations to the Governor and the General Assembly
17    by March 1, 2022 and every 3 years after.
18    (h-5) For purposes of this Section:
19        (1) "American Indian or Alaska Native" means a person
20    having origins in any of the original peoples of North and
21    South America, including Central America, and who
22    maintains tribal affiliation or community attachment.
23        (2) "Asian" means a person having origins in any of
24    the original peoples of the Far East, Southeast Asia, or
25    the Indian subcontinent, including, but not limited to,
26    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

 

 

10200HB3217ham001- 77 -LRB102 14305 RJF 23094 a

1    the Philippine Islands, Thailand, and Vietnam.
2        (2.5) "Badge" means an officer's department issued
3    identification number associated with his or her position
4    as a police officer with that department.
5        (3) "Black or African American" means a person having
6    origins in any of the black racial groups of Africa. Terms
7    such as "Haitian" or "Negro" can be used in addition to
8    "Black or African American".
9        (4) "Hispanic or Latino" means a person of Cuban,
10    Mexican, Puerto Rican, South or Central American, or other
11    Spanish culture or origin, regardless of race.
12        (5) "Native Hawaiian or Other Pacific Islander" means
13    a person having origins in any of the original peoples of
14    Hawaii, Guam, Samoa, or other Pacific Islands.
15        (6) "White" means a person having origins in any of
16    the original peoples of Europe, the Middle East, or North
17    Africa.
18    (i) (Blank).
19(Source: P.A. 101-24, eff. 6-21-19.)
 
20    Section 75. The Criminal Code of 2012 is amended by
21changing Section 17-10.2 as follows:
 
22    (720 ILCS 5/17-10.2)  (was 720 ILCS 5/17-29)
23    Sec. 17-10.2. Businesses owned by minorities, females, and
24persons with disabilities; fraudulent contracts with

 

 

10200HB3217ham001- 78 -LRB102 14305 RJF 23094 a

1governmental units.
2    (a) In this Section:
3        "Minority person" means a person who is any of the
4    following:
5        (1) American Indian or Alaska Native (a person having
6    origins in any of the original peoples of North and South
7    America, including Central America, and who maintains
8    tribal affiliation or community attachment).
9        (2) Asian (a person having origins in any of the
10    original peoples of the Far East, Southeast Asia, or the
11    Indian subcontinent, including, but not limited to,
12    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
13    the Philippine Islands, Thailand, and Vietnam).
14        (3) Black or African American (a person having origins
15    in any of the black racial groups of Africa). Terms such as
16    "Haitian" or "Negro" can be used in addition to "Black or
17    African American".
18        (4) Hispanic or Latino (a person of Cuban, Mexican,
19    Puerto Rican, South or Central American, or other Spanish
20    culture or origin, regardless of race).
21        (5) Native Hawaiian or Other Pacific Islander (a
22    person having origins in any of the original peoples of
23    Hawaii, Guam, Samoa, or other Pacific Islands).
24        "Female" means a person who is of the female gender.
25        "Person with a disability" means a person who is a
26    person qualifying as having a disability.

 

 

10200HB3217ham001- 79 -LRB102 14305 RJF 23094 a

1        "Disability" means a severe physical or mental
2    disability that: (1) results from: amputation, arthritis,
3    autism, blindness, burn injury, cancer, cerebral palsy,
4    cystic fibrosis, deafness, head injury, heart disease,
5    hemiplegia, hemophilia, respiratory or pulmonary
6    dysfunction, an intellectual disability, mental illness,
7    multiple sclerosis, muscular dystrophy, musculoskeletal
8    disorders, neurological disorders, including stroke and
9    epilepsy, paraplegia, quadriplegia and other spinal cord
10    conditions, sickle cell anemia, specific learning
11    disabilities, or end stage renal failure disease; and (2)
12    substantially limits one or more of the person's major
13    life activities.
14        "Minority owned business" means a business concern
15    that is at least 51% owned by one or more minority persons,
16    or in the case of a corporation, at least 51% of the stock
17    in which is owned by one or more minority persons; and the
18    management and daily business operations of which are
19    controlled by one or more of the minority individuals who
20    own it.
21        "Female owned business" means a business concern that
22    is at least 51% owned by one or more females, or, in the
23    case of a corporation, at least 51% of the stock in which
24    is owned by one or more females; and the management and
25    daily business operations of which are controlled by one
26    or more of the females who own it.

 

 

10200HB3217ham001- 80 -LRB102 14305 RJF 23094 a

1        "Business owned by a person with a disability" means a
2    business concern that is at least 51% owned by one or more
3    persons with a disability and the management and daily
4    business operations of which are controlled by one or more
5    of the persons with disabilities who own it. A
6    not-for-profit agency for persons with disabilities that
7    is exempt from taxation under Section 501 of the Internal
8    Revenue Code of 1986 is also considered a "business owned
9    by a person with a disability".
10        "Governmental unit" means the State, a unit of local
11    government, or school district.
12    (b) In addition to any other penalties imposed by law or by
13an ordinance or resolution of a unit of local government or
14school district, any individual or entity that knowingly
15obtains, or knowingly assists another to obtain, a contract
16with a governmental unit, or a subcontract or written
17commitment for a subcontract under a contract with a
18governmental unit, by falsely representing that the individual
19or entity, or the individual or entity assisted, is a minority
20owned business, female owned business, or business owned by a
21person with a disability is guilty of a Class 2 felony,
22regardless of whether the preference for awarding the contract
23to a minority owned business, female owned business, or
24business owned by a person with a disability was established
25by statute or by local ordinance or resolution.
26    (c) In addition to any other penalties authorized by law,

 

 

10200HB3217ham001- 81 -LRB102 14305 RJF 23094 a

1the court shall order that an individual or entity convicted
2of a violation of this Section must pay to the governmental
3unit that awarded the contract a penalty equal to one and
4one-half times the amount of the contract obtained because of
5the false representation.
6(Source: P.A. 99-143, eff. 7-27-15.)
 
7    Section 80. The Illinois Human Rights Act is amended by
8changing Section 2-105 as follows:
 
9    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
10    Sec. 2-105. Equal Employment Opportunities; Affirmative
11Action.
12    (A) Public Contracts. Every party to a public contract and
13every eligible bidder shall:
14        (1) Refrain from unlawful discrimination and
15    discrimination based on citizenship status in employment
16    and undertake affirmative action to assure equality of
17    employment opportunity and eliminate the effects of past
18    discrimination;
19        (2) Comply with the procedures and requirements of the
20    Department's regulations concerning equal employment
21    opportunities and affirmative action;
22        (3) Provide such information, with respect to its
23    employees and applicants for employment, and assistance as
24    the Department may reasonably request;

 

 

10200HB3217ham001- 82 -LRB102 14305 RJF 23094 a

1        (4) Have written sexual harassment policies that shall
2    include, at a minimum, the following information: (i) the
3    illegality of sexual harassment; (ii) the definition of
4    sexual harassment under State law; (iii) a description of
5    sexual harassment, utilizing examples; (iv) the vendor's
6    internal complaint process including penalties; (v) the
7    legal recourse, investigative and complaint process
8    available through the Department and the Commission; (vi)
9    directions on how to contact the Department and
10    Commission; and (vii) protection against retaliation as
11    provided by Section 6-101 of this Act. A copy of the
12    policies shall be provided to the Department upon request.
13    Additionally, each bidder who submits a bid or offer for a
14    State contract under the Illinois Procurement Code shall
15    have a written copy of the bidder's sexual harassment
16    policy as required under this paragraph (4). A copy of the
17    policy shall be provided to the State agency entering into
18    the contract upon request.
19    (B) State Agencies. Every State executive department,
20State agency, board, commission, and instrumentality shall:
21        (1) Comply with the procedures and requirements of the
22    Department's regulations concerning equal employment
23    opportunities and affirmative action;
24        (2) Provide such information and assistance as the
25    Department may request.
26        (3) Establish, maintain, and carry out a continuing

 

 

10200HB3217ham001- 83 -LRB102 14305 RJF 23094 a

1    affirmative action plan consistent with this Act and the
2    regulations of the Department designed to promote equal
3    opportunity for all State residents in every aspect of
4    agency personnel policy and practice. For purposes of
5    these affirmative action plans, the race and national
6    origin categories to be included in the plans are:
7    American Indian or Alaska Native, Asian, Black or African
8    American, Hispanic or Latino, Native Hawaiian or Other
9    Pacific Islander.
10        This plan shall include a current detailed status
11    report:
12            (a) indicating, by each position in State service,
13        the number, percentage, and average salary of
14        individuals employed by race, national origin, sex and
15        disability, and any other category that the Department
16        may require by rule;
17            (b) identifying all positions in which the
18        percentage of the people employed by race, national
19        origin, sex and disability, and any other category
20        that the Department may require by rule, is less than
21        four-fifths of the percentage of each of those
22        components in the State work force;
23            (c) specifying the goals and methods for
24        increasing the percentage by race, national origin,
25        sex and disability, and any other category that the
26        Department may require by rule, in State positions;

 

 

10200HB3217ham001- 84 -LRB102 14305 RJF 23094 a

1            (d) indicating progress and problems toward
2        meeting equal employment opportunity goals, including,
3        if applicable, but not limited to, Department of
4        Central Management Services recruitment efforts,
5        publicity, promotions, and use of options designating
6        positions by linguistic abilities;
7            (e) establishing a numerical hiring goal for the
8        employment of qualified persons with disabilities in
9        the agency as a whole, to be based on the proportion of
10        people with work disabilities in the Illinois labor
11        force as reflected in the most recent employment data
12        made available by the United States Census Bureau.
13        (4) If the agency has 1000 or more employees, appoint
14    a full-time Equal Employment Opportunity officer, subject
15    to the Department's approval, whose duties shall include:
16            (a) Advising the head of the particular State
17        agency with respect to the preparation of equal
18        employment opportunity programs, procedures,
19        regulations, reports, and the agency's affirmative
20        action plan.
21            (b) Evaluating in writing each fiscal year the
22        sufficiency of the total agency program for equal
23        employment opportunity and reporting thereon to the
24        head of the agency with recommendations as to any
25        improvement or correction in recruiting, hiring or
26        promotion needed, including remedial or disciplinary

 

 

10200HB3217ham001- 85 -LRB102 14305 RJF 23094 a

1        action with respect to managerial or supervisory
2        employees who have failed to cooperate fully or who
3        are in violation of the program.
4            (c) Making changes in recruitment, training and
5        promotion programs and in hiring and promotion
6        procedures designed to eliminate discriminatory
7        practices when authorized.
8            (d) Evaluating tests, employment policies,
9        practices and qualifications and reporting to the head
10        of the agency and to the Department any policies,
11        practices and qualifications that have unequal impact
12        by race, national origin as required by Department
13        rule, sex or disability or any other category that the
14        Department may require by rule, and to assist in the
15        recruitment of people in underrepresented
16        classifications. This function shall be performed in
17        cooperation with the State Department of Central
18        Management Services.
19            (e) Making any aggrieved employee or applicant for
20        employment aware of his or her remedies under this
21        Act.
22            In any meeting, investigation, negotiation,
23        conference, or other proceeding between a State
24        employee and an Equal Employment Opportunity officer,
25        a State employee (1) who is not covered by a collective
26        bargaining agreement and (2) who is the complaining

 

 

10200HB3217ham001- 86 -LRB102 14305 RJF 23094 a

1        party or the subject of such proceeding may be
2        accompanied, advised and represented by (1) an
3        attorney licensed to practice law in the State of
4        Illinois or (2) a representative of an employee
5        organization whose membership is composed of employees
6        of the State and of which the employee is a member. A
7        representative of an employee, other than an attorney,
8        may observe but may not actively participate, or
9        advise the State employee during the course of such
10        meeting, investigation, negotiation, conference or
11        other proceeding. Nothing in this Section shall be
12        construed to permit any person who is not licensed to
13        practice law in Illinois to deliver any legal services
14        or otherwise engage in any activities that would
15        constitute the unauthorized practice of law. Any
16        representative of an employee who is present with the
17        consent of the employee, shall not, during or after
18        termination of the relationship permitted by this
19        Section with the State employee, use or reveal any
20        information obtained during the course of the meeting,
21        investigation, negotiation, conference or other
22        proceeding without the consent of the complaining
23        party and any State employee who is the subject of the
24        proceeding and pursuant to rules and regulations
25        governing confidentiality of such information as
26        promulgated by the appropriate State agency.

 

 

10200HB3217ham001- 87 -LRB102 14305 RJF 23094 a

1        Intentional or reckless disclosure of information in
2        violation of these confidentiality requirements shall
3        constitute a Class B misdemeanor.
4        (5) Establish, maintain and carry out a continuing
5    sexual harassment program that shall include the
6    following:
7            (a) Develop a written sexual harassment policy
8        that includes at a minimum the following information:
9        (i) the illegality of sexual harassment; (ii) the
10        definition of sexual harassment under State law; (iii)
11        a description of sexual harassment, utilizing
12        examples; (iv) the agency's internal complaint process
13        including penalties; (v) the legal recourse,
14        investigative and complaint process available through
15        the Department and the Commission; (vi) directions on
16        how to contact the Department and Commission; and
17        (vii) protection against retaliation as provided by
18        Section 6-101 of this Act. The policy shall be
19        reviewed annually.
20            (b) Post in a prominent and accessible location
21        and distribute in a manner to assure notice to all
22        agency employees without exception the agency's sexual
23        harassment policy. Such documents may meet, but shall
24        not exceed, the 6th grade literacy level. Distribution
25        shall be effectuated within 90 days of the effective
26        date of this amendatory Act of 1992 and shall occur

 

 

10200HB3217ham001- 88 -LRB102 14305 RJF 23094 a

1        annually thereafter.
2            (c) Provide training on sexual harassment
3        prevention and the agency's sexual harassment policy
4        as a component of all ongoing or new employee training
5        programs.
6        (6) Notify the Department 30 days before effecting any
7    layoff. Once notice is given, the following shall occur:
8            (a) No layoff may be effective earlier than 10
9        working days after notice to the Department, unless an
10        emergency layoff situation exists.
11            (b) The State executive department, State agency,
12        board, commission, or instrumentality in which the
13        layoffs are to occur must notify each employee
14        targeted for layoff, the employee's union
15        representative (if applicable), and the State
16        Dislocated Worker Unit at the Department of Commerce
17        and Economic Opportunity.
18            (c) The State executive department, State agency,
19        board, commission, or instrumentality in which the
20        layoffs are to occur must conform to applicable
21        collective bargaining agreements.
22            (d) The State executive department, State agency,
23        board, commission, or instrumentality in which the
24        layoffs are to occur should notify each employee
25        targeted for layoff that transitional assistance may
26        be available to him or her under the Economic

 

 

10200HB3217ham001- 89 -LRB102 14305 RJF 23094 a

1        Dislocation and Worker Adjustment Assistance Act
2        administered by the Department of Commerce and
3        Economic Opportunity. Failure to give such notice
4        shall not invalidate the layoff or postpone its
5        effective date.
6     As used in this subsection (B), "disability" shall be
7defined in rules promulgated under the Illinois Administrative
8Procedure Act.
9    (C) Civil Rights Violations. It is a civil rights
10violation for any public contractor or eligible bidder to:
11        (1) fail to comply with the public contractor's or
12    eligible bidder's duty to refrain from unlawful
13    discrimination and discrimination based on citizenship
14    status in employment under subsection (A)(1) of this
15    Section; or
16        (2) fail to comply with the public contractor's or
17    eligible bidder's duties of affirmative action under
18    subsection (A) of this Section, provided however, that the
19    Department has notified the public contractor or eligible
20    bidder in writing by certified mail that the public
21    contractor or eligible bidder may not be in compliance
22    with affirmative action requirements of subsection (A). A
23    minimum of 60 days to comply with the requirements shall
24    be afforded to the public contractor or eligible bidder
25    before the Department may issue formal notice of
26    non-compliance.

 

 

10200HB3217ham001- 90 -LRB102 14305 RJF 23094 a

1    (D) As used in this Section:
2        (1) "American Indian or Alaska Native" means a person
3    having origins in any of the original peoples of North and
4    South America, including Central America, and who
5    maintains tribal affiliation or community attachment.
6        (2) "Asian" means a person having origins in any of
7    the original peoples of the Far East, Southeast Asia, or
8    the Indian subcontinent, including, but not limited to,
9    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
10    the Philippine Islands, Thailand, and Vietnam.
11        (3) "Black or African American" means a person having
12    origins in any of the black racial groups of Africa. Terms
13    such as "Haitian" or "Negro" can be used in addition to
14    "Black or African American".
15        (4) "Hispanic or Latino" means a person of Cuban,
16    Mexican, Puerto Rican, South or Central American, or other
17    Spanish culture or origin, regardless of race.
18        (5) "Native Hawaiian or Other Pacific Islander" means
19    a person having origins in any of the original peoples of
20    Hawaii, Guam, Samoa, or other Pacific Islands.
21(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)".