Public Act 103-0414
 
HB3768 EnrolledLRB103 31015 DTM 57630 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Uniform Racial Classification Act is 
amended  by changing Section 5 as follows:
 
    (20 ILCS 50/5)

    Sec. 5. Uniform racial classification.  
    (a) Notwithstanding any other provision of law, except as 
otherwise required by federal law or regulation, whenever a 
State agency is required by law to compile or report 
statistical data using racial or ethnic classifications, that 
State agency shall use the following classifications: (i) 
White; (ii) Black or African American; (iii) American Indian 
or Alaska Native; (iv) Asian; (v) Native Hawaiian or Other 
Pacific Islander; or (vi) Hispanic or Latino ; or (vii) Middle 
Eastern or North
African.
    (b) A State agency is not required to use the 
classification added to this Section by this amendatory Act of 
the 103rd General Assembly for reporting workforce or hiring 
data until after July 1, 2025. 
    (c) For the purposes of this Act, "State agency" means the 
offices of the constitutional officers identified in Article V 
of the Illinois Constitution, executive agencies, and 
departments, boards, commissions, and authorities under the 
Governor.

(Source: P.A. 98-982, eff. 8-18-14.)
 
    Section 10. The Data Governance and Organization to 
Support Equity and Racial Justice Act is amended  by changing 
Section 20-15 as follows:
 
    (20 ILCS 65/20-15)

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

    The Board and the Department may further define, by rule, 
the racial and ethnic classifications, including, if 
necessary, a classification of "No Race Specified".
    (b) (c) If a program administered by the Board or the 
Department is subject to federal reporting requirements that 
include the collection and public reporting of statistical 
data on the racial and ethnic demographics of program 
participants, the Department may maintain the same racial and 
ethnic classifications used under the federal requirements if 
such classifications differ from the classifications listed in 
subsection (a).
    (c) (d) The Department of Innovation and Technology shall 
assist the Board and the Department by establishing common 
technological processes and procedures for the Board and the 
Department to:
        (1)  Catalog data.
        (2) Identify similar fields in datasets.
        (3) Manage data requests.
        (4) Share data.
        (5) Collect data.
        (6) Improve and clean data. 
        (7) Match data across the Board and Departments.
        (8) Develop research and analytic agendas.
        (9) Report on program participation disaggregated by 
    race and ethnicity.
        (10) Evaluate equitable outcomes for underserved 
    populations in Illinois.
        (11) Define common roles for data management.
        (12) Ensure that all major programs can report 
    disaggregated data by race, ethnicity, age, sex, 
    disability status, sexual orientation, and gender 
    identity, and primary or preferred language.
    The Board and the Department shall use the common 
technological processes and procedures established by the 
Department of Innovation and Technology.
    (d) (e) If the Board or the Department is unable to begin 
reporting the data required by subsection (a) by July 1, 2022, 
the Board or the Department shall state the reasons for the 
delay under the reporting requirements.
    (e) (f) By no later than March 31, 2022, the  Board and the 
Department shall provide a progress report to the General  
Assembly to disclose: (i) the programs  and datasets that have 
been cataloged for which race, ethnicity, age, sex, disability 
status, sexual orientation, gender identity, and primary or 
preferred language have been standardized; and (ii) to the 
extent possible,  the datasets and programs that  are  
outstanding  for each  agency and the datasets  that  are planned 
for the upcoming year. On or before March 31, 2023, and each 
year thereafter, the Board and the Department Departments 
shall provide an updated report to the General Assembly.
    (f) (g) By no later than October 31, 2021, the Governor's 
Office shall provide a plan to establish processes for input 
from the Board and the Department into processes outlined in 
subsection (c) (b). The plan shall incorporate ongoing efforts 
at data interoperability within the Department and the 
governance established to support the P-20 Longitudinal 
Education Data System enacted by Public Act 96-107.
    (g) (h) Nothing in this Section shall be construed to 
limit the rights granted to individuals or data sharing 
protections established under existing State and federal data 
privacy and security laws.

(Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21; 
revised 2-4-23.)