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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||
5 | adding Section 50-80 as follows: | ||||||
6 | (30 ILCS 500/50-80 new) | ||||||
7 | Sec. 50-80. Sexual harassment policy. Each bidder who | ||||||
8 | submits a bid or offer for a State contract under this Code | ||||||
9 | shall have a sexual harassment policy in accordance with | ||||||
10 | paragraph (4) of subsection (A) of Section 2-105 of the | ||||||
11 | Illinois Human Rights Act. A copy of the policy shall be | ||||||
12 | provided to the State agency entering into the contract upon | ||||||
13 | request. | ||||||
14 | Section 10. The Economic Development for a Growing Economy | ||||||
15 | Tax Credit Act is amended by changing Section 5-20 and by | ||||||
16 | adding Section 5-58 as follows:
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17 | (35 ILCS 10/5-20)
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18 | Sec. 5-20. Application for a project to create and retain | ||||||
19 | new jobs.
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20 | (a) Any Taxpayer proposing a project located or planned to | ||||||
21 | be located in
Illinois may request consideration
for |
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1 | designation of its project, by formal written letter of request | ||||||
2 | or by
formal application to the Department,
in which the | ||||||
3 | Applicant states its intent to make at least a specified level | ||||||
4 | of
investment and
intends to hire or retain a
specified number | ||||||
5 | of full-time employees at a designated location in Illinois.
As
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6 | circumstances require, the
Department may require a formal | ||||||
7 | application from an Applicant and a formal
letter of request | ||||||
8 | for
assistance.
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9 | (b) In order to qualify for Credits under this Act, an | ||||||
10 | Applicant's project
must:
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11 | (1) if the Applicant has more than 100 employees, | ||||||
12 | involve an investment of at least $2,500,000 in capital | ||||||
13 | improvements
to be placed in service within the
State as a | ||||||
14 | direct result of the project; if the Applicant has 100 or | ||||||
15 | fewer employees, then there is no capital investment | ||||||
16 | requirement; and
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17 | (1.5) if the Applicant has more than 100 employees, | ||||||
18 | employ a number of new employees in the State equal to the | ||||||
19 | lesser of (A) 10% of the number of full-time employees | ||||||
20 | employed by the applicant world-wide on the date the | ||||||
21 | application is filed with the Department or (B) 50 New | ||||||
22 | Employees; and, if the Applicant has 100 or fewer | ||||||
23 | employees, employ a number of new employees in the State | ||||||
24 | equal to the lesser of (A) 5% of the number of full-time | ||||||
25 | employees employed by the applicant world-wide on the date | ||||||
26 | the application is filed with the Department or (B) 50 New |
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1 | Employees; and | ||||||
2 | (2) (blank); | ||||||
3 | (3) (blank) ; .
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4 | (4) include an annual sexual harassment policy report | ||||||
5 | as provided under Section 5-58. | ||||||
6 | (c) After receipt of an application, the Department may | ||||||
7 | enter into an
Agreement with the Applicant if the
application | ||||||
8 | is accepted in accordance with Section 5-25.
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9 | (Source: P.A. 100-511, eff. 9-18-17.)
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10 | (35 ILCS 10/5-58 new) | ||||||
11 | Sec. 5-58. Sexual harassment policy report. Each taxpayer | ||||||
12 | claiming a credit under this Act shall, no later than April 15 | ||||||
13 | of each taxable year for which the taxpayer claims a credit | ||||||
14 | under this Act, submit to the Department of Commerce and | ||||||
15 | Economic Opportunity a report detailing that taxpayer's sexual | ||||||
16 | harassment policy, which contains, at a minimum, the following | ||||||
17 | information: (i) the illegality of sexual harassment; (ii) the | ||||||
18 | definition of sexual harassment under State law; (iii) a | ||||||
19 | description of sexual harassment, utilizing examples; (iv) the | ||||||
20 | vendor's internal complaint process, including penalties; (v) | ||||||
21 | the legal recourse, and investigative and complaint processes | ||||||
22 | available through the Department; (vi) directions on how to | ||||||
23 | contact the Department; and (vii) protection against | ||||||
24 | retaliation as provided by Section 6-101 of the Illinois Human | ||||||
25 | Rights Act. A copy of the policy shall be provided to the |
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1 | Department upon request. The reports required under this | ||||||
2 | Section shall be submitted in a form and manner determined by | ||||||
3 | the Department of Commerce and Economic Opportunity. | ||||||
4 | Section 15. The Illinois Human Rights Act is amended by | ||||||
5 | changing Section 2-105 as follows:
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6 | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
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7 | Sec. 2-105. Equal Employment Opportunities; Affirmative | ||||||
8 | Action.
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9 | (A) Public Contracts. Every party to a public contract and | ||||||
10 | every
eligible bidder shall:
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11 | (1) Refrain from unlawful discrimination and | ||||||
12 | discrimination based on
citizenship status in employment | ||||||
13 | and undertake affirmative action to assure
equality of | ||||||
14 | employment opportunity and eliminate the effects of past
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15 | discrimination;
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16 | (2) Comply with the procedures and requirements of the | ||||||
17 | Department's
regulations concerning equal employment | ||||||
18 | opportunities and affirmative action;
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19 | (3) Provide such information, with respect to its | ||||||
20 | employees and
applicants for employment, and assistance as | ||||||
21 | the Department may
reasonably request;
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22 | (4) Have written sexual harassment policies that shall | ||||||
23 | include, at a
minimum, the following information: (i) the | ||||||
24 | illegality of
sexual harassment; (ii) the definition of |
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1 | sexual harassment under State
law; (iii) a description of | ||||||
2 | sexual harassment, utilizing examples; (iv) the
vendor's | ||||||
3 | internal complaint process including penalties; (v) the | ||||||
4 | legal
recourse, investigative and complaint process | ||||||
5 | available through the
Department and the Commission; (vi) | ||||||
6 | directions on how to contact the
Department and Commission; | ||||||
7 | and (vii) protection against retaliation as
provided by | ||||||
8 | Section 6-101 of this Act. A copy of the policies shall
be | ||||||
9 | provided to the Department upon request. Additionally, | ||||||
10 | each bidder who submits a bid or offer for a State contract | ||||||
11 | under the Illinois Procurement Code shall have a written | ||||||
12 | copy of the bidder's sexual harassment policy as required | ||||||
13 | under this paragraph (4). A copy of the policy shall be | ||||||
14 | provided to the State agency entering into the contract | ||||||
15 | upon request.
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16 | (B) State Agencies. Every State executive department, | ||||||
17 | State agency,
board, commission, and instrumentality shall:
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18 | (1) Comply with the procedures and requirements of the | ||||||
19 | Department's
regulations concerning equal employment | ||||||
20 | opportunities and affirmative action;
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21 | (2) Provide such information and assistance as the | ||||||
22 | Department may request.
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23 | (3) Establish, maintain, and carry out a continuing | ||||||
24 | affirmative action
plan consistent with this Act and the | ||||||
25 | regulations of the Department designed
to promote equal | ||||||
26 | opportunity for all State residents in every aspect of
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1 | agency personnel policy and practice. For purposes of these | ||||||
2 | affirmative
action plans, the race and national origin | ||||||
3 | categories to be included in the
plans are: American Indian | ||||||
4 | or Alaska Native, Asian, Black or African American, | ||||||
5 | Hispanic or Latino, Native Hawaiian or Other Pacific | ||||||
6 | Islander. | ||||||
7 | This plan shall
include a current detailed status | ||||||
8 | report:
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9 | (a) indicating, by each position in State service, | ||||||
10 | the number,
percentage, and average salary of | ||||||
11 | individuals employed by race, national
origin, sex and | ||||||
12 | disability, and any other category that the Department | ||||||
13 | may
require by rule;
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14 | (b) identifying all positions in which the | ||||||
15 | percentage of the people
employed by race, national | ||||||
16 | origin, sex and disability, and any other
category that | ||||||
17 | the Department may require by rule, is less than | ||||||
18 | four-fifths of
the percentage of each of those | ||||||
19 | components in the State work force;
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20 | (c) specifying the goals and methods for | ||||||
21 | increasing the percentage
by race, national origin, | ||||||
22 | sex and disability, and any other category
that the | ||||||
23 | Department may require by rule, in State positions;
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24 | (d) indicating progress and problems toward | ||||||
25 | meeting equal employment
opportunity goals, including, | ||||||
26 | if applicable, but not limited to, Department
of |
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1 | Central Management Services recruitment efforts, | ||||||
2 | publicity, promotions,
and use of options designating | ||||||
3 | positions by linguistic abilities;
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4 | (e) establishing a numerical hiring goal for the | ||||||
5 | employment of
qualified persons with disabilities in | ||||||
6 | the agency as a whole, to be based
on the proportion of | ||||||
7 | people with work disabilities in the Illinois labor
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8 | force as reflected in the most recent employment data | ||||||
9 | made available by the United States Census Bureau.
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10 | (4) If the agency has 1000 or more employees, appoint a | ||||||
11 | full-time Equal
Employment Opportunity officer, subject to | ||||||
12 | the Department's approval, whose
duties shall include:
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13 | (a) Advising the head of the particular State | ||||||
14 | agency with respect to the
preparation of equal | ||||||
15 | employment opportunity programs, procedures, | ||||||
16 | regulations,
reports, and the agency's affirmative | ||||||
17 | action plan.
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18 | (b) Evaluating in writing each fiscal year the | ||||||
19 | sufficiency of the total
agency program for equal | ||||||
20 | employment opportunity and reporting thereon to
the | ||||||
21 | head of the agency with recommendations as to any | ||||||
22 | improvement or
correction in recruiting, hiring or | ||||||
23 | promotion needed, including remedial or
disciplinary | ||||||
24 | action with respect to managerial or supervisory | ||||||
25 | employees who
have failed to cooperate fully or who are | ||||||
26 | in violation of the program.
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1 | (c) Making changes in recruitment, training and | ||||||
2 | promotion programs
and in hiring and promotion | ||||||
3 | procedures designed to eliminate
discriminatory | ||||||
4 | practices when authorized.
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5 | (d) Evaluating tests, employment policies,
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6 | practices and qualifications
and reporting to the head | ||||||
7 | of the agency and to the Department any policies,
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8 | practices and qualifications that have unequal impact | ||||||
9 | by race, national origin
as required by Department | ||||||
10 | rule, sex or disability or any other category that
the | ||||||
11 | Department may require by rule, and to assist in the | ||||||
12 | recruitment of people
in underrepresented | ||||||
13 | classifications. This function shall be performed in
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14 | cooperation with the State Department of Central | ||||||
15 | Management Services.
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16 | (e) Making any aggrieved employee or applicant for | ||||||
17 | employment aware of
his or her remedies under this Act.
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18 | In any meeting, investigation, negotiation, | ||||||
19 | conference, or other
proceeding between a State | ||||||
20 | employee and an Equal Employment Opportunity
officer, | ||||||
21 | a State employee (1) who is not covered by a collective | ||||||
22 | bargaining
agreement and (2) who is the complaining | ||||||
23 | party or the subject of such
proceeding may be | ||||||
24 | accompanied, advised and represented by (1) an | ||||||
25 | attorney
licensed to practice law in the State of | ||||||
26 | Illinois or (2) a representative of an
employee |
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1 | organization whose membership is composed of employees | ||||||
2 | of the State
and of which the employee is a member. A | ||||||
3 | representative of an employee, other
than an attorney, | ||||||
4 | may observe but may not actively participate, or advise | ||||||
5 | the
State employee during the course of such meeting, | ||||||
6 | investigation, negotiation,
conference or other | ||||||
7 | proceeding. Nothing in this Section shall be
construed | ||||||
8 | to permit any person who is not licensed to practice | ||||||
9 | law in Illinois
to deliver any legal services or | ||||||
10 | otherwise engage in any activities that would
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11 | constitute the unauthorized practice of law. Any | ||||||
12 | representative of an employee
who is present with the | ||||||
13 | consent of the employee, shall not, during or after
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14 | termination of the relationship permitted by this | ||||||
15 | Section with the State
employee, use or reveal any | ||||||
16 | information obtained during the course of the
meeting, | ||||||
17 | investigation, negotiation, conference or other | ||||||
18 | proceeding without the
consent of the complaining | ||||||
19 | party and any State employee who is the subject of
the | ||||||
20 | proceeding and pursuant to rules and regulations | ||||||
21 | governing confidentiality
of such information as | ||||||
22 | promulgated by the appropriate State agency.
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23 | Intentional or reckless disclosure of information in | ||||||
24 | violation of these
confidentiality requirements shall | ||||||
25 | constitute a Class B misdemeanor.
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26 | (5) Establish, maintain and carry out a continuing |
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1 | sexual harassment
program that shall include the | ||||||
2 | following:
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3 | (a) Develop a written sexual harassment policy | ||||||
4 | that includes at a
minimum the following information: | ||||||
5 | (i) the illegality of sexual harassment;
(ii) the | ||||||
6 | definition of sexual harassment under State law; (iii) | ||||||
7 | a
description of sexual harassment, utilizing | ||||||
8 | examples; (iv) the agency's
internal complaint process | ||||||
9 | including penalties; (v) the legal recourse,
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10 | investigative and complaint process available through | ||||||
11 | the Department and
the Commission; (vi) directions on | ||||||
12 | how to contact the Department and
Commission; and (vii) | ||||||
13 | protection against retaliation as provided by Section
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14 | 6-101 of this Act. The policy shall be reviewed | ||||||
15 | annually.
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16 | (b) Post in a prominent and accessible location and | ||||||
17 | distribute in a
manner to assure notice to all agency | ||||||
18 | employees without exception the
agency's sexual | ||||||
19 | harassment policy. Such documents may meet, but shall | ||||||
20 | not
exceed, the 6th grade literacy level. Distribution | ||||||
21 | shall be effectuated within
90 days of the effective | ||||||
22 | date of this amendatory Act of 1992 and shall occur
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23 | annually thereafter.
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24 | (c) Provide training on sexual harassment | ||||||
25 | prevention and the
agency's sexual harassment policy | ||||||
26 | as a component of all ongoing or new
employee training |
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1 | programs.
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2 | (6) Notify the Department 30 days before effecting any | ||||||
3 | layoff. Once
notice is given, the following shall occur:
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4 | (a) No layoff may be effective
earlier than 10 | ||||||
5 | working days after
notice to the Department, unless an
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6 | emergency layoff situation exists.
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7 | (b) The State executive department, State agency, | ||||||
8 | board, commission,
or instrumentality in which the | ||||||
9 | layoffs are to occur must
notify each employee targeted | ||||||
10 | for layoff, the employee's union
representative (if | ||||||
11 | applicable), and the State Dislocated Worker Unit at | ||||||
12 | the
Department of Commerce and Economic Opportunity.
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13 | (c) The State executive department, State agency, | ||||||
14 | board, commission,
or instrumentality in
which the | ||||||
15 | layoffs are to occur must conform to applicable | ||||||
16 | collective
bargaining agreements.
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17 | (d) The State executive department, State agency, | ||||||
18 | board, commission, or
instrumentality in which the | ||||||
19 | layoffs are to occur should notify each employee
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20 | targeted for layoff that transitional assistance may | ||||||
21 | be available to him or her
under the Economic | ||||||
22 | Dislocation and Worker Adjustment Assistance Act
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23 | administered by the Department of Commerce and | ||||||
24 | Economic Opportunity. Failure to
give such notice | ||||||
25 | shall not invalidate the layoff or postpone its | ||||||
26 | effective
date.
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1 | As used in this subsection (B), "disability" shall be | ||||||
2 | defined in
rules promulgated under the Illinois Administrative
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3 | Procedure Act.
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4 | (C) Civil Rights Violations. It is a civil rights violation | ||||||
5 | for any
public contractor or eligible bidder to:
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6 | (1) fail to comply with the public contractor's or | ||||||
7 | eligible bidder's
duty to refrain from unlawful | ||||||
8 | discrimination and discrimination based on
citizenship | ||||||
9 | status in employment under subsection (A)(1) of this | ||||||
10 | Section; or
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11 | (2) fail to comply with the public contractor's or | ||||||
12 | eligible bidder's
duties of affirmative action under | ||||||
13 | subsection (A) of this Section, provided
however, that the
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14 | Department has notified the public contractor or eligible | ||||||
15 | bidder in writing
by certified mail that the public | ||||||
16 | contractor or eligible bidder may not be
in compliance with | ||||||
17 | affirmative action requirements of subsection (A). A
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18 | minimum
of 60 days to comply with the requirements shall be | ||||||
19 | afforded to the public
contractor or eligible bidder before | ||||||
20 | the Department may issue formal notice of
non-compliance.
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21 | (D) As used in this Section: | ||||||
22 | (1) "American Indian or Alaska Native" means a person | ||||||
23 | having origins in any of the original peoples of North and | ||||||
24 | South America, including Central America, and who | ||||||
25 | maintains tribal affiliation or community attachment. | ||||||
26 | (2) "Asian" means a person having origins in any of the |
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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" 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 a | ||||||
13 | person having origins in any of the original peoples of | ||||||
14 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
15 | (Source: P.A. 99-933, eff. 1-27-17.)
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