Illinois General Assembly - Full Text of SB2968
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Full Text of SB2968  103rd General Assembly

SB2968sam001 103RD GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 4/16/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2968

2    AMENDMENT NO. ______. Amend Senate Bill 2968 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Data Governance and Organization to
5Support Equity and Racial Justice Act is amended by changing
6Section 20-15 as follows:
 
7    (20 ILCS 65/20-15)
8    Sec. 20-15. Data governance and organization to support
9equity and racial justice.
10    (a) By October 31 of each year On or before July 1, 2022
11and each July 1 thereafter, the Board and the Department shall
12issue a report, for the prior State fiscal year, that sets out
13de-identified statistical data related to on the racial,
14ethnic, age, sex, disability status, sexual orientation,
15gender identity, and primary or preferred language
16demographics of program participants for each major program

 

 

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1administered by the Board or the Department, except as
2provided in subsection (a-5). The Department of Human
3Services, under the direction of the Office of the Governor,
4shall establish, by rule, demographic classifications for each
5reporting category, including race and ethnicity, age, sex,
6disability status, sexual orientation, gender identity, and
7primary or preferred language. Except as provided in
8subsection (b), when reporting the data required under this
9Section for each program, the Board or the Department shall
10use the classifications established by the Department of Human
11Services.
12    The Office of the Governor shall review the demographic
13classifications every 5 years after the effective date of this
14amendatory Act of the 103rd General Assembly. If the Office of
15the Governor determines that changes to the classifications
16are necessary, the Department of Human Services shall update
17the classifications, as directed by the Office of the
18Governor. the same racial and ethnic classifications for each
19program, which shall include, but not be limited to, the
20following:
21        (1) American Indian and Alaska Native alone.
22        (2) Asian alone.
23        (3) Black or African American alone.
24        (4) Hispanic or Latino of any race.
25        (5) Native Hawaiian and Other Pacific Islander alone.
26        (6) White alone.

 

 

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1        (7) Middle Eastern or North African.
2        (8) Some other race alone.
3        (9) Two or more races.
4    The Board and the Department may further define, by rule,
5the racial and ethnic classifications, including, if
6necessary, a classification of "No Race Specified".
7    (a-5) In relation to major program participants, the Board
8shall not be required to collect personally identifiable
9information and report statistical data on the categories of
10sex, sexual orientation, and gender identity unless required
11for federal reporting. The Board shall make available reports
12on its Internet website, posted where other mandated reports
13are posted, of statistical data on sex, sexual orientation,
14and gender identity demographics through anonymous surveys or
15other methods as age and developmentally appropriate.
16    (b) A If a program administered by the Board or the
17Department is exempted from the reporting requirements
18described in subsection (a) if:
19        (1) the program is subject to federal reporting
20    requirements that include the collection and public
21    reporting of statistical data on the demographic
22    categories required by this Act; and
23        (2) the federal reporting requirements use different
24    classifications for the reporting of demographic
25    categories than the classifications established by the
26    Department of Human Services.

 

 

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1    The program shall report on any demographic categories
2described in subsection (a) that are not included in the
3federal report racial and ethnic demographics of program
4participants, the Department may maintain the same racial and
5ethnic classifications used under the federal requirements if
6such classifications differ from the classifications listed in
7subsection (a).
8    (b-5) If a program administered by the Board or the
9Department serves and collects data regarding individuals
10younger than 18 years old, the program is exempt from the
11sexual orientation and gender identity demographic collection
12requirements described in subsection (a).
13    (b-7) The Office of the Governor shall establish a project
14implementation team to oversee the implementation of this Act
15consisting of one representative from each of the following:
16        (1) the Office of the Governor;
17        (2) the Department of Innovation and Technology;
18        (3) the Department of Human Services; and
19        (4) the Governor's Office of Management and Budget.
20    (c) The Department of Innovation and Technology, in
21conjunction with the Office of the Governor, shall assist the
22Board and the Department by identifying and providing advice
23on establishing common technological processes and procedures
24for the Board and the Department to:
25        (1) Catalog relevant demographic data and share the
26    resultant metadata.

 

 

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1        (2) Identify similar fields in data sets datasets.
2        (3) Manage data requests.
3        (4) Share data.
4        (5) Collect data.
5        (6) Improve and clean data.
6        (7) Match data across the Board and Departments.
7        (8) Develop research and analytic agendas.
8        (9) Report on program participation disaggregated by
9    race and ethnicity.
10        (10) Evaluate equitable outcomes for underserved
11    populations in Illinois.
12        (11) Define common roles for data management.
13        (12) Ensure that all major programs can report
14    disaggregated data by race, ethnicity, age, sex,
15    disability status, sexual orientation, and gender
16    identity, and primary or preferred language.
17    The Board and the Department shall use the common
18technological processes and procedures established by the
19Department of Innovation and Technology.
20    (d) If the Board or the Department is unable to begin
21reporting the collected data as described in required by
22subsection (a) by October 31 immediately following the
23effective date of this amendatory Act of the 103rd General
24Assembly July 1, 2022, the Board or the Department shall state
25the reasons for the delay or inability to collect the
26particular data set for that program under the reporting

 

 

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1requirements described in subsection (a).
2    (e) By no later than March 31, 2022, the Board and the
3Department shall provide a progress report to the General
4Assembly to disclose: (i) the programs and data sets datasets
5that have been cataloged for which race, ethnicity, age, sex,
6disability status, sexual orientation, gender identity, and
7primary or preferred language have been standardized; and (ii)
8to the extent possible, the data sets datasets and programs
9that are outstanding for each agency and the data sets
10datasets that are planned for the upcoming year. On or before
11April 30 of March 31, 2023, and each year thereafter, the Board
12and the Department shall provide an updated report to the
13General Assembly.
14    (f) (Blank). By no later than October 31, 2021, the
15Governor's Office shall provide a plan to establish processes
16for input from the Board and the Department into processes
17outlined in subsection (c). The plan shall incorporate ongoing
18efforts at data interoperability within the Department and the
19governance established to support the P-20 Longitudinal
20Education Data System enacted by Public Act 96-107.
21    (g) Nothing in this Section shall be construed to limit
22the rights granted to individuals or data sharing protections
23established under existing State and federal data privacy and
24security laws.
25(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23;
26103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised

 

 

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112-12-23.)".