Bill Text: IL HB3217 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill, and removes references to "Descendant of American Slaves". Makes conforming changes.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0465 [HB3217 Detail]

Download: Illinois-2021-HB3217-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3217 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
5 ILCS 410/10
5 ILCS 410/15
20 ILCS 105/3.10
20 ILCS 2310/2310-215 was 20 ILCS 2310/55.62
30 ILCS 575/2
30 ILCS 577/35-5
30 ILCS 785/5
70 ILCS 210/23.1 from Ch. 85, par. 1243.1
105 ILCS 5/34-18 from Ch. 122, par. 34-18
110 ILCS 205/9.16 from Ch. 144, par. 189.16
110 ILCS 925/3.07 from Ch. 144, par. 1503.07
110 ILCS 930/2 from Ch. 144, par. 2302
110 ILCS 947/50
110 ILCS 947/65.30
215 ILCS 5/500-50
305 ILCS 5/4-23
625 ILCS 5/11-212
720 ILCS 5/17-10.2 was 720 ILCS 5/17-29
775 ILCS 5/2-105 from Ch. 68, par. 2-105
Amends various Acts to make changes concerning references to specified racial and ethnic groups.
LRB102 14305 RJF 19657 b
A BILL FOR
HB3217 LRB102 14305 RJF 19657 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Employment Records Act is amended by
changing Sections 10 and 15 as follows:
(5 ILCS 410/10)
Sec. 10. Definitions. As used in this Act:
(a) "Agency work force" means those persons employed by a
State agency who are part of the State work force.
(b) "Contractual services employee" means a person
employed by the State, or a State supported institution of
higher education, under a written contract and paid by a State
system CO-2 voucher (or its administrative equivalent) whose
daily duties and responsibilities are directly or indirectly
supervised or managed by a person paid by a payroll warrant (or
its administrative equivalent) funded by State funds or pass
through funds.
(c) "Agency" or "State agency" means those entities
included in the definition of "State agencies" in the Illinois
State Auditing Act.
(d) "Minority" means a person who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South

HB3217 - 2 - LRB102 14305 RJF 19657 b
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(e) "Professional employee" means a person employed to
perform employment duties requiring academic training,
evidenced by a graduate or advanced degree from an accredited

HB3217 - 3 - LRB102 14305 RJF 19657 b
institution of higher education, and who, in the performance
of those employment duties, may only engage in active practice
of the academic training received when licensed or certified
by the State of Illinois.
(f) "State employee" means any person employed within the
State work force.
(g) "State work force" means all persons employed by the
State of Illinois as evidenced by:
(1) the total number of all payroll warrants (or their
administrative equivalent) issued by the Comptroller to
pay:
(i) persons subject to the Personnel Code; and
(ii) for the sole purpose of providing accurate
statistical information, all persons exempt from the
Personnel Code; and
(2) the total number of payroll warrants (or their
administrative equivalent) funded by State appropriation
which are issued by educational institutions governed by
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Governors of State Colleges and Universities, and
the Board of Regents; and
(3) the total number of contractual payroll system
CO-2 vouchers (or their administrative equivalent) funded
by State revenues and issued by:
(i) the State Comptroller; and

HB3217 - 4 - LRB102 14305 RJF 19657 b
(ii) the issuing agents of the educational
institutions listed in subdivision (2) of this
subsection (g).
"State work force" does not, however, include persons holding
elective State office.
(Source: P.A. 97-396, eff. 1-1-12.)
(5 ILCS 410/15)
Sec. 15. Reported information.
(a) State agencies shall, if necessary, consult with the
Office of the Comptroller and the Governor's Office of
Management and Budget to confirm the accuracy of information
required by this Act. State agencies shall collect and
maintain information and publish reports including but not
limited to the following information arranged in the indicated
categories:
(i) the total number of persons employed by the agency
who are part of the State work force, as defined by this
Act, and the number and statistical percentage of women,
minorities, and persons with physical disabilities
employed within the agency work force;
(ii) the total number of persons employed within the
agency work force receiving levels of State remuneration
within incremental levels of $10,000, and the number and
statistical percentage of minorities, women, and persons
with physical disabilities in the agency work force

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receiving levels of State remuneration within incremented
levels of $10,000;
(iii) the number of open positions of employment or
advancement in the agency work force, reported on a fiscal
year basis;
(iv) the number and percentage of open positions of
employment or advancement in the agency work force filled
by minorities, women, and persons with physical
disabilities, reported on a fiscal year basis;
(v) the total number of persons employed within the
agency work force as professionals, and the number and
percentage of minorities, women, and persons with physical
disabilities employed within the agency work force as
professional employees; and
(vi) the total number of persons employed within the
agency work force as contractual service employees, and
the number and percentage of minorities, women, and
persons with physical disabilities employed within the
agency work force as contractual services employees.
(b) The numbers and percentages of minorities required to
be reported by this Section shall be identified by the
following categories:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).

HB3217 - 6 - LRB102 14305 RJF 19657 b
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
Data concerning women shall be reported on a minority and
nonminority basis. The numbers and percentages of persons with
physical disabilities required to be reported under this
Section shall be identified by categories as male and female.
(c) To accomplish consistent and uniform classification

HB3217 - 7 - LRB102 14305 RJF 19657 b
and collection of information from each State agency, and to
ensure full compliance and that all required information is
provided, the Index Department of the Office of the Secretary
of State, in consultation with the Department of Human Rights,
the Department of Central Management Services, and the Office
of the Comptroller, shall develop appropriate forms to be used
by all State agencies subject to the reporting requirements of
this Act.
All State agencies shall make the reports required by this
Act using the forms developed under this subsection. The
reports must be certified and signed by an official of the
agency who is responsible for the information provided.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 10. The Illinois Act on the Aging is amended by
changing Section 3.10 as follows:
(20 ILCS 105/3.10)
Sec. 3.10. "Minority senior citizen" means any person 55
years of age or older for whom opportunities for employment
and participation in community life are unavailable or
severely limited and who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).

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(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(Source: P.A. 97-396, eff. 1-1-12.)
Section 15. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-215 as follows:

HB3217 - 9 - LRB102 14305 RJF 19657 b
(20 ILCS 2310/2310-215) (was 20 ILCS 2310/55.62)
Sec. 2310-215. Center for Minority Health Services.
(a) The Department shall establish a Center for Minority
Health Services to advise the Department on matters pertaining
to the health needs of minority populations within the State.
(b) The Center shall have the following duties:
(1) To assist in the assessment of the health needs of
minority populations in the State.
(2) To recommend treatment methods and programs that
are sensitive and relevant to the unique linguistic,
cultural, and ethnic characteristics of minority
populations.
(3) To provide consultation, technical assistance,
training programs, and reference materials to service
providers, organizations, and other agencies.
(4) To promote awareness of minority health concerns,
and encourage, promote, and aid in the establishment of
minority services.
(5) To disseminate information on available minority
services.
(6) To provide adequate and effective opportunities
for minority populations to express their views on
Departmental policy development and program
implementation.
(7) To coordinate with the Department on Aging and the

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Department of Healthcare and Family Services to coordinate
services designed to meet the needs of minority senior
citizens.
(8) To promote awareness of the incidence of
Alzheimer's disease and related dementias among minority
populations and to encourage, promote, and aid in the
establishment of prevention and treatment programs and
services relating to this health problem.
(c) For the purpose of this Section, "minority" shall mean
and include any person or group of persons who are any of the
following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in

HB3217 - 11 - LRB102 14305 RJF 19657 b
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(Source: P.A. 97-396, eff. 1-1-12.)
Section 20. The Business Enterprise for Minorities, Women,
and Persons with Disabilities Act is amended by changing
Section 2 as follows:
(30 ILCS 575/2)
(Section scheduled to be repealed on June 30, 2024)
Sec. 2. Definitions.
(A) For the purpose of this Act, the following terms shall
have the following definitions:
(1) "Minority person" shall mean a person who is a
citizen or lawful permanent resident of the United States
and who is any of the following:
(a) American Indian or Alaska Native (a person
having origins in any of the original peoples of North

HB3217 - 12 - LRB102 14305 RJF 19657 b
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(c) Black or African American (a person having
origins in any of the black racial groups of Africa).
(c-5) Descendant of American Slaves (a person
having direct ancestral lineage to victims of chattel
slavery in the United States of America). Terms such
as "Black", "African American", or "American
Descendant of Slavery" can be used in addition to
"Descendant of American Slaves".
(d) Hispanic or Latino (a person of Cuban,
Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples
of Hawaii, Guam, Samoa, or other Pacific Islands).
(2) "Woman" shall mean a person who is a citizen or
lawful permanent resident of the United States and who is
of the female gender.
(2.05) "Person with a disability" means a person who

HB3217 - 13 - LRB102 14305 RJF 19657 b
is a citizen or lawful resident of the United States and is
a person qualifying as a person with a disability under
subdivision (2.1) of this subsection (A).
(2.1) "Person with a disability" means a person with a
severe physical or mental disability that:
(a) results from:
amputation,
arthritis,
autism,
blindness,
burn injury,
cancer,
cerebral palsy,
Crohn's disease,
cystic fibrosis,
deafness,
head injury,
heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
an intellectual disability,
mental illness,
multiple sclerosis,
muscular dystrophy,
musculoskeletal disorders,

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neurological disorders, including stroke and
epilepsy,
paraplegia,
quadriplegia and other spinal cord conditions,
sickle cell anemia,
ulcerative colitis,
specific learning disabilities, or
end stage renal failure disease; and
(b) substantially limits one or more of the
person's major life activities.
Another disability or combination of disabilities may
also be considered as a severe disability for the purposes
of item (a) of this subdivision (2.1) if it is determined
by an evaluation of rehabilitation potential to cause a
comparable degree of substantial functional limitation
similar to the specific list of disabilities listed in
item (a) of this subdivision (2.1).
(3) "Minority-owned business" means a business which
is at least 51% owned by one or more minority persons, or
in the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who
own it.
(4) "Women-owned business" means a business which is
at least 51% owned by one or more women, or, in the case of

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a corporation, at least 51% of the stock in which is owned
by one or more women; and the management and daily
business operations of which are controlled by one or more
of the women who own it.
(4.1) "Business owned by a person with a disability"
means a business that is at least 51% owned by one or more
persons with a disability and the management and daily
business operations of which are controlled by one or more
of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".
(4.2) "Council" means the Business Enterprise Council
for Minorities, Women, and Persons with Disabilities
created under Section 5 of this Act.
(5) "State contracts" means all contracts entered into
by the State, any agency or department thereof, or any
public institution of higher education, including
community college districts, regardless of the source of
the funds with which the contracts are paid, which are not
subject to federal reimbursement. "State contracts" does
not include contracts awarded by a retirement system,
pension fund, or investment board subject to Section
1-109.1 of the Illinois Pension Code. This definition
shall control over any existing definition under this Act

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or applicable administrative rule.
"State construction contracts" means all State
contracts entered into by a State agency or public
institution of higher education for the repair,
remodeling, renovation or construction of a building or
structure, or for the construction or maintenance of a
highway defined in Article 2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments,
officers, boards, commissions, institutions and bodies
politic and corporate of the State, but does not include
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Trustees of Chicago State University, the Board
of Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of
Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State
constitutional officers.
(7) "Public institutions of higher education" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois

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University, Western Illinois University, the public
community colleges of the State, and any other public
universities, colleges, and community colleges now or
hereafter established or authorized by the General
Assembly.
(8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to
make certifications, or by a State agency with statutory
authority to make such a certification, that a business
entity is a business owned by a minority, woman, or person
with a disability for whatever purpose. A business owned
and controlled by women shall be certified as a
"woman-owned business". A business owned and controlled by
women who are also minorities shall be certified as both a
"women-owned business" and a "minority-owned business".
(9) "Control" means the exclusive or ultimate and sole
control of the business including, but not limited to,
capital investment and all other financial matters,
property, acquisitions, contract negotiations, legal
matters, officer-director-employee selection and
comprehensive hiring, operating responsibilities,
cost-control matters, income and dividend matters,
financial transactions and rights of other shareholders or
joint partners. Control shall be real, substantial and
continuing, not pro forma. Control shall include the power
to direct or cause the direction of the management and

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policies of the business and to make the day-to-day as
well as major decisions in matters of policy, management
and operations. Control shall be exemplified by possessing
the requisite knowledge and expertise to run the
particular business and control shall not include simple
majority or absentee ownership.
(10) "Business" means a business that has annual gross
sales of less than $75,000,000 as evidenced by the federal
income tax return of the business. A firm with gross sales
in excess of this cap may apply to the Council for
certification for a particular contract if the firm can
demonstrate that the contract would have significant
impact on businesses owned by minorities, women, or
persons with disabilities as suppliers or subcontractors
or in employment of minorities, women, or persons with
disabilities.
(11) "Utilization plan" means a form and additional
documentations included in all bids or proposals that
demonstrates a vendor's proposed utilization of vendors
certified by the Business Enterprise Program to meet the
targeted goal. The utilization plan shall demonstrate that
the Vendor has either: (1) met the entire contract goal or
(2) requested a full or partial waiver and made good faith
efforts towards meeting the goal.
(12) "Business Enterprise Program" means the Business
Enterprise Program of the Department of Central Management

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Services.
(B) When a business is owned at least 51% by any
combination of minority persons, women, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes
of this Act is considered to be met. The certification
category for the business is that of the class holding the
largest ownership interest in the business. If 2 or more
classes have equal ownership interests, the certification
category shall be determined by the business.
(Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
Section 25. The State Construction Minority and Female
Building Trades Act is amended by changing Section 35-5 as
follows:
(30 ILCS 577/35-5)
Sec. 35-5. Definitions. For the purposes of this Article:
"Under-represented minority" means a person who is any of
the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the

HB3217 - 20 - LRB102 14305 RJF 19657 b
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
"Construction" means any constructing, altering,
reconstructing, repairing, rehabilitating, refinishing,
refurbishing, remodeling, remediating, renovating, custom
fabricating, maintenance, landscaping, improving, wrecking,
painting, decorating, demolishing, and adding to or
subtracting from any building, structure, highway, roadway,
street, bridge, alley, sewer, ditch, sewage disposal plant,

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water works, parking facility, railroad, excavation or other
structure, project, development, real property or improvement,
or to do any part thereof, whether or not the performance of
the work herein described involves the addition to, or
fabrication into, any structure, project, development, real
property or improvement herein described of any material or
article of merchandise. Construction shall also include moving
construction related materials on the job site to or from the
job site.
(Source: P.A. 96-37, eff. 7-13-09; 97-396, eff. 1-1-12.)
Section 30. The Inclusion of Women and Minorities in
Clinical Research Act is amended by changing Section 5 as
follows:
(30 ILCS 785/5)
Sec. 5. Definitions. In this Act:
"Grantee" means any qualified public, private, or
not-for-profit agency or individual, including, but not
limited to, a college, university, hospital, laboratory,
research institution, local health department, voluntary
health agency, health maintenance organization, corporation,
student, fellow, or entrepreneur, conducting clinical research
using State funds. A grantee may also be a corporation that is
headquartered in Illinois and that conducts research using
State funds.

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"Minority group" means a group that is a readily
identifiable subset of the U.S. population that is
distinguished by racial, ethnic, or cultural heritage and that
is made up of persons who are any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).

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(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
"Project of clinical research" includes a clinical trial.
(Source: P.A. 97-396, eff. 1-1-12.)
Section 35. The Metropolitan Pier and Exposition Authority
Act is amended by changing Section 23.1 as follows:
(70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
Sec. 23.1. Affirmative action.
(a) The Authority shall, within 90 days after the
effective date of this amendatory Act of 1984, establish and
maintain an affirmative action program designed to promote
equal employment opportunity and eliminate the effects of past
discrimination. Such program shall include a plan, including
timetables where appropriate, which shall specify goals and
methods for increasing participation by women and minorities
in employment, including employment related to the planning,
organization, and staging of the games, by the Authority and
by parties which contract with the Authority. The Authority
shall submit a detailed plan with the General Assembly prior
to September 1 of each year. Such program shall also establish
procedures and sanctions, which the Authority shall enforce to
ensure compliance with the plan established pursuant to this
Section and with State and federal laws and regulations

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relating to the employment of women and minorities. A
determination by the Authority as to whether a party to a
contract with the Authority has achieved the goals or employed
the methods for increasing participation by women and
minorities shall be determined in accordance with the terms of
such contracts or the applicable provisions of rules and
regulations of the Authority existing at the time such
contract was executed, including any provisions for
consideration of good faith efforts at compliance which the
Authority may reasonably adopt.
(b) The Authority shall adopt and maintain minority-owned
and women-owned business enterprise procurement programs under
the affirmative action program described in subsection (a) for
any and all work, including all contracting related to the
planning, organization, and staging of the games, undertaken
by the Authority. That work shall include, but is not limited
to, the purchase of professional services, construction
services, supplies, materials, and equipment. The programs
shall establish goals of awarding not less than 25% of the
annual dollar value of all contracts, purchase orders, or
other agreements (collectively referred to as "contracts") to
minority-owned businesses and 5% of the annual dollar value of
all contracts to women-owned businesses. Without limiting the
generality of the foregoing, the programs shall require in
connection with the prequalification or consideration of
vendors for professional service contracts, construction

HB3217 - 25 - LRB102 14305 RJF 19657 b
contracts, and contracts for supplies, materials, equipment,
and services that each proposer or bidder submit as part of his
or her proposal or bid a commitment detailing how he or she
will expend 25% or more of the dollar value of his or her
contracts with one or more minority-owned businesses and 5% or
more of the dollar value with one or more women-owned
businesses. Bids or proposals that do not include such
detailed commitments are not responsive and shall be rejected
unless the Authority deems it appropriate to grant a waiver of
these requirements. In addition the Authority may, in
connection with the selection of providers of professional
services, reserve the right to select a minority-owned or
women-owned business or businesses to fulfill the commitment
to minority and woman business participation. The commitment
to minority and woman business participation may be met by the
contractor or professional service provider's status as a
minority-owned or women-owned business, by joint venture or by
subcontracting a portion of the work with or purchasing
materials for the work from one or more such businesses, or by
any combination thereof. Each contract shall require the
contractor or provider to submit a certified monthly report
detailing the status of that contractor or provider's
compliance with the Authority's minority-owned and women-owned
business enterprise procurement program. The Authority, after
reviewing the monthly reports of the contractors and
providers, shall compile a comprehensive report regarding

HB3217 - 26 - LRB102 14305 RJF 19657 b
compliance with this procurement program and file it quarterly
with the General Assembly. If, in connection with a particular
contract, the Authority determines that it is impracticable or
excessively costly to obtain minority-owned or women-owned
businesses to perform sufficient work to fulfill the
commitment required by this subsection, the Authority shall
reduce or waive the commitment in the contract, as may be
appropriate. The Authority shall establish rules and
regulations setting forth the standards to be used in
determining whether or not a reduction or waiver is
appropriate. The terms "minority-owned business" and
"women-owned business" have the meanings given to those terms
in the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act.
(c) The Authority shall adopt and maintain an affirmative
action program in connection with the hiring of minorities and
women on the Expansion Project and on any and all construction
projects, including all contracting related to the planning,
organization, and staging of the games, undertaken by the
Authority. The program shall be designed to promote equal
employment opportunity and shall specify the goals and methods
for increasing the participation of minorities and women in a
representative mix of job classifications required to perform
the respective contracts awarded by the Authority.
(d) In connection with the Expansion Project, the
Authority shall incorporate the following elements into its

HB3217 - 27 - LRB102 14305 RJF 19657 b
minority-owned and women-owned business procurement programs
to the extent feasible: (1) a major contractors program that
permits minority-owned businesses and women-owned businesses
to bear significant responsibility and risk for a portion of
the project; (2) a mentor/protege program that provides
financial, technical, managerial, equipment, and personnel
support to minority-owned businesses and women-owned
businesses; (3) an emerging firms program that includes
minority-owned businesses and women-owned businesses that
would not otherwise qualify for the project due to
inexperience or limited resources; (4) a small projects
program that includes participation by smaller minority-owned
businesses and women-owned businesses on jobs where the total
dollar value is $5,000,000 or less; and (5) a set-aside
program that will identify contracts requiring the expenditure
of funds less than $50,000 for bids to be submitted solely by
minority-owned businesses and women-owned businesses.
(e) The Authority is authorized to enter into agreements
with contractors' associations, labor unions, and the
contractors working on the Expansion Project to establish an
Apprenticeship Preparedness Training Program to provide for an
increase in the number of minority and women journeymen and
apprentices in the building trades and to enter into
agreements with Community College District 508 to provide
readiness training. The Authority is further authorized to
enter into contracts with public and private educational

HB3217 - 28 - LRB102 14305 RJF 19657 b
institutions and persons in the hospitality industry to
provide training for employment in the hospitality industry.
(f) McCormick Place Advisory Board. There is created a
McCormick Place Advisory Board composed as follows: 2 members
shall be appointed by the Mayor of Chicago; 2 members shall be
appointed by the Governor; 2 members shall be State Senators
appointed by the President of the Senate; 2 members shall be
State Senators appointed by the Minority Leader of the Senate;
2 members shall be State Representatives appointed by the
Speaker of the House of Representatives; and 2 members shall
be State Representatives appointed by the Minority Leader of
the House of Representatives. The terms of all previously
appointed members of the Advisory Board expire on the
effective date of this amendatory Act of the 92nd General
Assembly. A State Senator or State Representative member may
appoint a designee to serve on the McCormick Place Advisory
Board in his or her absence.
A "member of a minority group" shall mean a person who is a
citizen or lawful permanent resident of the United States and
who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the

HB3217 - 29 - LRB102 14305 RJF 19657 b
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
Members of the McCormick Place Advisory Board shall serve
2-year terms and until their successors are appointed, except
members who serve as a result of their elected position whose
terms shall continue as long as they hold their designated
elected positions. Vacancies shall be filled by appointment
for the unexpired term in the same manner as original
appointments are made. The McCormick Place Advisory Board

HB3217 - 30 - LRB102 14305 RJF 19657 b
shall elect its own chairperson.
Members of the McCormick Place Advisory Board shall serve
without compensation but, at the Authority's discretion, shall
be reimbursed for necessary expenses in connection with the
performance of their duties.
The McCormick Place Advisory Board shall meet quarterly,
or as needed, shall produce any reports it deems necessary,
and shall:
(1) Work with the Authority on ways to improve the
area physically and economically;
(2) Work with the Authority regarding potential means
for providing increased economic opportunities to
minorities and women produced indirectly or directly from
the construction and operation of the Expansion Project;
(3) Work with the Authority to minimize any potential
impact on the area surrounding the McCormick Place
Expansion Project, including any impact on minority-owned
or women-owned businesses, resulting from the construction
and operation of the Expansion Project;
(4) Work with the Authority to find candidates for
building trades apprenticeships, for employment in the
hospitality industry, and to identify job training
programs;
(5) Work with the Authority to implement the
provisions of subsections (a) through (e) of this Section
in the construction of the Expansion Project, including

HB3217 - 31 - LRB102 14305 RJF 19657 b
the Authority's goal of awarding not less than 25% and 5%
of the annual dollar value of contracts to minority-owned
and women-owned businesses, the outreach program for
minorities and women, and the mentor/protege program for
providing assistance to minority-owned and women-owned
businesses.
(g) The Authority shall comply with subsection (e) of
Section 5-42 of the Olympic Games and Paralympic Games (2016)
Law. For purposes of this Section, the term "games" has the
meaning set forth in the Olympic Games and Paralympic Games
(2016) Law.
(Source: P.A. 100-391, eff. 8-25-17.)
Section 40. The School Code is amended by changing Section
34-18 as follows:
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education
and the public school system of the city, and, except as
otherwise provided by this Article, shall have power:
1. To make suitable provision for the establishment
and maintenance throughout the year or for such portion
thereof as it may direct, not less than 9 months and in
compliance with Section 10-19.05, of schools of all grades
and kinds, including normal schools, high schools, night

HB3217 - 32 - LRB102 14305 RJF 19657 b
schools, schools for defectives and delinquents, parental
and truant schools, schools for the blind, the deaf, and
persons with physical disabilities, schools or classes in
manual training, constructural and vocational teaching,
domestic arts, and physical culture, vocation and
extension schools and lecture courses, and all other
educational courses and facilities, including
establishing, equipping, maintaining and operating
playgrounds and recreational programs, when such programs
are conducted in, adjacent to, or connected with any
public school under the general supervision and
jurisdiction of the board; provided that the calendar for
the school term and any changes must be submitted to and
approved by the State Board of Education before the
calendar or changes may take effect, and provided that in
allocating funds from year to year for the operation of
all attendance centers within the district, the board
shall ensure that supplemental general State aid or
supplemental grant funds are allocated and applied in
accordance with Section 18-8, 18-8.05, or 18-8.15. To
admit to such schools without charge foreign exchange
students who are participants in an organized exchange
student program which is authorized by the board. The
board shall permit all students to enroll in
apprenticeship programs in trade schools operated by the
board, whether those programs are union-sponsored or not.

HB3217 - 33 - LRB102 14305 RJF 19657 b
No student shall be refused admission into or be excluded
from any course of instruction offered in the common
schools by reason of that student's sex. No student shall
be denied equal access to physical education and
interscholastic athletic programs supported from school
district funds or denied participation in comparable
physical education and athletic programs solely by reason
of the student's sex. Equal access to programs supported
from school district funds and comparable programs will be
defined in rules promulgated by the State Board of
Education in consultation with the Illinois High School
Association. Notwithstanding any other provision of this
Article, neither the board of education nor any local
school council or other school official shall recommend
that children with disabilities be placed into regular
education classrooms unless those children with
disabilities are provided with supplementary services to
assist them so that they benefit from the regular
classroom instruction and are included on the teacher's
regular education class register;
2. To furnish lunches to pupils, to make a reasonable
charge therefor, and to use school funds for the payment
of such expenses as the board may determine are necessary
in conducting the school lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or

HB3217 - 34 - LRB102 14305 RJF 19657 b
quasi-public libraries and museums for the use of their
facilities by teachers and pupils of the public schools;
5. To employ dentists and prescribe their duties for
the purpose of treating the pupils in the schools, but
accepting such treatment shall be optional with parents or
guardians;
6. To grant the use of assembly halls and classrooms
when not otherwise needed, including light, heat, and
attendants, for free public lectures, concerts, and other
educational and social interests, free of charge, under
such provisions and control as the principal of the
affected attendance center may prescribe;
7. To apportion the pupils to the several schools;
provided that no pupil shall be excluded from or
segregated in any such school on account of his color,
race, sex, or nationality. The board shall take into
consideration the prevention of segregation and the
elimination of separation of children in public schools
because of color, race, sex, or nationality. Except that
children may be committed to or attend parental and social
adjustment schools established and maintained either for
boys or girls only. All records pertaining to the
creation, alteration or revision of attendance areas shall
be open to the public. Nothing herein shall limit the
board's authority to establish multi-area attendance
centers or other student assignment systems for

HB3217 - 35 - LRB102 14305 RJF 19657 b
desegregation purposes or otherwise, and to apportion the
pupils to the several schools. Furthermore, beginning in
school year 1994-95, pursuant to a board plan adopted by
October 1, 1993, the board shall offer, commencing on a
phased-in basis, the opportunity for families within the
school district to apply for enrollment of their children
in any attendance center within the school district which
does not have selective admission requirements approved by
the board. The appropriate geographical area in which such
open enrollment may be exercised shall be determined by
the board of education. Such children may be admitted to
any such attendance center on a space available basis
after all children residing within such attendance
center's area have been accommodated. If the number of
applicants from outside the attendance area exceed the
space available, then successful applicants shall be
selected by lottery. The board of education's open
enrollment plan must include provisions that allow
low-income low income students to have access to
transportation needed to exercise school choice. Open
enrollment shall be in compliance with the provisions of
the Consent Decree and Desegregation Plan cited in Section
34-1.01;
8. To approve programs and policies for providing
transportation services to students. Nothing herein shall
be construed to permit or empower the State Board of

HB3217 - 36 - LRB102 14305 RJF 19657 b
Education to order, mandate, or require busing or other
transportation of pupils for the purpose of achieving
racial balance in any school;
9. Subject to the limitations in this Article, to
establish and approve system-wide curriculum objectives
and standards, including graduation standards, which
reflect the multi-cultural diversity in the city and are
consistent with State law, provided that for all purposes
of this Article courses or proficiency in American Sign
Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ
principals and teachers, appointed as provided in this
Article, and fix their compensation. The board shall
prepare such reports related to minimal competency testing
as may be requested by the State Board of Education, and,
in addition, shall monitor and approve special education
and bilingual education programs and policies within the
district to ensure assure that appropriate services are
provided in accordance with applicable State and federal
laws to children requiring services and education in those
areas;
10. To employ non-teaching personnel or utilize
volunteer personnel for: (i) non-teaching duties not
requiring instructional judgment or evaluation of pupils,
including library duties; and (ii) supervising study
halls, long distance teaching reception areas used

HB3217 - 37 - LRB102 14305 RJF 19657 b
incident to instructional programs transmitted by
electronic media such as computers, video, and audio,
detention and discipline areas, and school-sponsored
extracurricular activities. The board may further utilize
volunteer non-certificated personnel or employ
non-certificated personnel to assist in the instruction of
pupils under the immediate supervision of a teacher
holding a valid certificate, directly engaged in teaching
subject matter or conducting activities; provided that the
teacher shall be continuously aware of the
non-certificated persons' activities and shall be able to
control or modify them. The general superintendent shall
determine qualifications of such personnel and shall
prescribe rules for determining the duties and activities
to be assigned to such personnel;
10.5. To utilize volunteer personnel from a regional
School Crisis Assistance Team (S.C.A.T.), created as part
of the Safe to Learn Program established pursuant to
Section 25 of the Illinois Violence Prevention Act of
1995, to provide assistance to schools in times of
violence or other traumatic incidents within a school
community by providing crisis intervention services to
lessen the effects of emotional trauma on individuals and
the community; the School Crisis Assistance Team Steering
Committee shall determine the qualifications for
volunteers;

HB3217 - 38 - LRB102 14305 RJF 19657 b
11. To provide television studio facilities in not to
exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in the
school district; and to maintain and operate not to exceed
one school radio transmitting station and provide programs
for educational purposes;
12. To offer, if deemed appropriate, outdoor education
courses, including field trips within the State of
Illinois, or adjacent states, and to use school
educational funds for the expense of the said outdoor
educational programs, whether within the school district
or not;
13. During that period of the calendar year not
embraced within the regular school term, to provide and
conduct courses in subject matters normally embraced in
the program of the schools during the regular school term
and to give regular school credit for satisfactory
completion by the student of such courses as may be
approved for credit by the State Board of Education;
14. To insure against any loss or liability of the
board, the former School Board Nominating Commission,
Local School Councils, the Chicago Schools Academic
Accountability Council, or the former Subdistrict Councils

HB3217 - 39 - LRB102 14305 RJF 19657 b
or of any member, officer, agent, or employee thereof,
resulting from alleged violations of civil rights arising
from incidents occurring on or after September 5, 1967 or
from the wrongful or negligent act or omission of any such
person whether occurring within or without the school
premises, provided the officer, agent, or employee was, at
the time of the alleged violation of civil rights or
wrongful act or omission, acting within the scope of his
or her employment or under direction of the board, the
former School Board Nominating Commission, the Chicago
Schools Academic Accountability Council, Local School
Councils, or the former Subdistrict Councils; and to
provide for or participate in insurance plans for its
officers and employees, including, but not limited to,
retirement annuities, medical, surgical and
hospitalization benefits in such types and amounts as may
be determined by the board; provided, however, that the
board shall contract for such insurance only with an
insurance company authorized to do business in this State.
Such insurance may include provision for employees who
rely on treatment by prayer or spiritual means alone for
healing, in accordance with the tenets and practice of a
recognized religious denomination;
15. To contract with the corporate authorities of any
municipality or the county board of any county, as the
case may be, to provide for the regulation of traffic in

HB3217 - 40 - LRB102 14305 RJF 19657 b
parking areas of property used for school purposes, in
such manner as is provided by Section 11-209 of the The
Illinois Vehicle Code, approved September 29, 1969, as
amended;
16. (a) To provide, on an equal basis, access to a high
school campus and student directory information to the
official recruiting representatives of the armed forces of
Illinois and the United States for the purposes of
informing students of the educational and career
opportunities available in the military if the board has
provided such access to persons or groups whose purpose is
to acquaint students with educational or occupational
opportunities available to them. The board is not required
to give greater notice regarding the right of access to
recruiting representatives than is given to other persons
and groups. In this paragraph 16, "directory information"
means a high school student's name, address, and telephone
number.
(b) If a student or his or her parent or guardian
submits a signed, written request to the high school
before the end of the student's sophomore year (or if the
student is a transfer student, by another time set by the
high school) that indicates that the student or his or her
parent or guardian does not want the student's directory
information to be provided to official recruiting
representatives under subsection (a) of this Section, the

HB3217 - 41 - LRB102 14305 RJF 19657 b
high school may not provide access to the student's
directory information to these recruiting representatives.
The high school shall notify its students and their
parents or guardians of the provisions of this subsection
(b).
(c) A high school may require official recruiting
representatives of the armed forces of Illinois and the
United States to pay a fee for copying and mailing a
student's directory information in an amount that is not
more than the actual costs incurred by the high school.
(d) Information received by an official recruiting
representative under this Section may be used only to
provide information to students concerning educational and
career opportunities available in the military and may not
be released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United
States;
17. (a) To sell or market any computer program
developed by an employee of the school district, provided
that such employee developed the computer program as a
direct result of his or her duties with the school
district or through the utilization of the school district
resources or facilities. The employee who developed the
computer program shall be entitled to share in the
proceeds of such sale or marketing of the computer
program. The distribution of such proceeds between the

HB3217 - 42 - LRB102 14305 RJF 19657 b
employee and the school district shall be as agreed upon
by the employee and the school district, except that
neither the employee nor the school district may receive
more than 90% of such proceeds. The negotiation for an
employee who is represented by an exclusive bargaining
representative may be conducted by such bargaining
representative at the employee's request.
(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
general purpose digital device capable of
automatically accepting data, processing data and
supplying the results of the operation.
(2) "Computer program" means a series of coded
instructions or statements in a form acceptable to a
computer, which causes the computer to process data in
order to achieve a certain result.
(3) "Proceeds" means profits derived from the
marketing or sale of a product after deducting the
expenses of developing and marketing such product;
18. To delegate to the general superintendent of
schools, by resolution, the authority to approve contracts
and expenditures in amounts of $10,000 or less;
19. Upon the written request of an employee, to
withhold from the compensation of that employee any dues,
payments, or contributions payable by such employee to any
labor organization as defined in the Illinois Educational

HB3217 - 43 - LRB102 14305 RJF 19657 b
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which
is equal to the pro rata share of the annual dues plus any
payments or contributions, and the board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding;
19a. Upon receipt of notice from the comptroller of a
municipality with a population of 500,000 or more, a
county with a population of 3,000,000 or more, the Cook
County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or a housing authority of a
municipality with a population of 500,000 or more that a
debt is due and owing the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or the housing authority by an
employee of the Chicago Board of Education, to withhold,
from the compensation of that employee, the amount of the
debt that is due and owing and pay the amount withheld to
the municipality, the county, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority; provided,
however, that the amount deducted from any one salary or
wage payment shall not exceed 25% of the net amount of the

HB3217 - 44 - LRB102 14305 RJF 19657 b
payment. Before the Board deducts any amount from any
salary or wage of an employee under this paragraph, the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority,
or the housing authority shall certify that (i) the
employee has been afforded an opportunity for a hearing to
dispute the debt that is due and owing the municipality,
the county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority and (ii) the employee has received notice of a
wage deduction order and has been afforded an opportunity
for a hearing to object to the order. For purposes of this
paragraph, "net amount" means that part of the salary or
wage payment remaining after the deduction of any amounts
required by law to be deducted and "debt due and owing"
means (i) a specified sum of money owed to the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority,
or the housing authority for services, work, or goods,
after the period granted for payment has expired, or (ii)
a specified sum of money owed to the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation

HB3217 - 45 - LRB102 14305 RJF 19657 b
District, the Chicago Transit Authority, or the housing
authority pursuant to a court order or order of an
administrative hearing officer after the exhaustion of, or
the failure to exhaust, judicial review;
20. The board is encouraged to employ a sufficient
number of certified school counselors to maintain a
student/counselor ratio of 250 to 1 by July 1, 1990. Each
counselor shall spend at least 75% of his work time in
direct contact with students and shall maintain a record
of such time;
21. To make available to students vocational and
career counseling and to establish 5 special career
counseling days for students and parents. On these days
representatives of local businesses and industries shall
be invited to the school campus and shall inform students
of career opportunities available to them in the various
businesses and industries. Special consideration shall be
given to counseling minority students as to career
opportunities available to them in various fields. For the
purposes of this paragraph, minority student means a
person who is any of the following:
(a) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the

HB3217 - 46 - LRB102 14305 RJF 19657 b
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(c) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(c-5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
Counseling days shall not be in lieu of regular school
days;
22. To report to the State Board of Education the
annual student dropout rate and number of students who
graduate from, transfer from, or otherwise leave bilingual
programs;

HB3217 - 47 - LRB102 14305 RJF 19657 b
23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State or
federal law, to permit school officials to withhold, from
any person, information on the whereabouts of any child
removed from school premises when the child has been taken
into protective custody as a victim of suspected child
abuse. School officials shall direct such person to the
Department of Children and Family Services, or to the
local law enforcement agency, if appropriate;
24. To develop a policy, based on the current state of
existing school facilities, projected enrollment, and
efficient utilization of available resources, for capital
improvement of schools and school buildings within the
district, addressing in that policy both the relative
priority for major repairs, renovations, and additions to
school facilities, and the advisability or necessity of
building new school facilities or closing existing schools
to meet current or projected demographic patterns within
the district;
25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the teaching
profession, whereby qualified professionals become
certified teachers, by allowing credit for professional

HB3217 - 48 - LRB102 14305 RJF 19657 b
employment in related fields when determining point of
entry on the teacher pay scale;
27. To provide or contract out training programs for
administrative personnel and principals with revised or
expanded duties pursuant to this Code Act in order to
ensure assure they have the knowledge and skills to
perform their duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump
sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section
34-2.3. Nothing in this paragraph shall be construed to
require any additional appropriations of State funds for
this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act or
any other law to the contrary, to contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, and to layoff those
employees upon 14 days written notice to the affected
employees. Those contracts may be for a period not to
exceed 5 years and may be awarded on a system-wide basis.
The board may not operate more than 30 contract schools,
provided that the board may operate an additional 5
contract turnaround schools pursuant to item (5.5) of
subsection (d) of Section 34-8.3 of this Code, and the

HB3217 - 49 - LRB102 14305 RJF 19657 b
governing bodies of contract schools are subject to the
Freedom of Information Act and Open Meetings Act;
31. To promulgate rules establishing procedures
governing the layoff or reduction in force of employees
and the recall of such employees, including, but not
limited to, criteria for such layoffs, reductions in force
or recall rights of such employees and the weight to be
given to any particular criterion. Such criteria shall
take into account factors, including, but not be limited
to, qualifications, certifications, experience,
performance ratings or evaluations, and any other factors
relating to an employee's job performance;
32. To develop a policy to prevent nepotism in the
hiring of personnel or the selection of contractors;
33. (Blank); and
34. To establish a Labor Management Council to the
board comprised of representatives of the board, the chief
executive officer, and those labor organizations that are
the exclusive representatives of employees of the board
and to promulgate policies and procedures for the
operation of the Council.
The specifications of the powers herein granted are not to
be construed as exclusive, but the board shall also exercise
all other powers that they may be requisite or proper for the
maintenance and the development of a public school system, not
inconsistent with the other provisions of this Article or

HB3217 - 50 - LRB102 14305 RJF 19657 b
provisions of this Code which apply to all school districts.
In addition to the powers herein granted and authorized to
be exercised by the board, it shall be the duty of the board to
review or to direct independent reviews of special education
expenditures and services. The board shall file a report of
such review with the General Assembly on or before May 1, 1990.
(Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18;
101-12, eff. 7-1-19; 101-88, eff. 1-1-20; revised 8-19-19.)
Section 45. The Board of Higher Education Act is amended
by changing Section 9.16 as follows:
(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
Sec. 9.16. Underrepresentation of certain groups in higher
education. To require public institutions of higher education
to develop and implement methods and strategies to increase
the participation of minorities, women and individuals with
disabilities who are traditionally underrepresented in
education programs and activities. For the purpose of this
Section, minorities shall mean persons who are citizens of the
United States or lawful permanent resident aliens of the
United States and who are any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).

HB3217 - 51 - LRB102 14305 RJF 19657 b
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
The Board shall adopt any rules necessary to administer
this Section. The Board shall also do the following:
(a) require all public institutions of higher education to
develop and submit plans for the implementation of this
Section;

HB3217 - 52 - LRB102 14305 RJF 19657 b
(b) conduct periodic review of public institutions of
higher education to determine compliance with this Section;
and if the Board finds that a public institution of higher
education is not in compliance with this Section, it shall
notify the institution of steps to take to attain compliance;
(c) provide advice and counsel pursuant to this Section;
(d) conduct studies of the effectiveness of methods and
strategies designed to increase participation of students in
education programs and activities in which minorities, women
and individuals with disabilities are traditionally
underrepresented, and monitor the success of students in such
education programs and activities;
(e) encourage minority student recruitment and retention
in colleges and universities. In implementing this paragraph,
the Board shall undertake but need not be limited to the
following: the establishment of guidelines and plans for
public institutions of higher education for minority student
recruitment and retention, the review and monitoring of
minority student programs implemented at public institutions
of higher education to determine their compliance with any
guidelines and plans so established, the determination of the
effectiveness and funding requirements of minority student
programs at public institutions of higher education, the
dissemination of successful programs as models, and the
encouragement of cooperative partnerships between community
colleges and local school attendance centers which are

HB3217 - 53 - LRB102 14305 RJF 19657 b
experiencing difficulties in enrolling minority students in
four-year colleges and universities;
(f) mandate all public institutions of higher education to
submit data and information essential to determine compliance
with this Section. The Board shall prescribe the format and
the date for submission of this data and any other education
equity data; and
(g) report to the General Assembly and the Governor
annually with a description of the plans submitted by each
public institution of higher education for implementation of
this Section, including financial data relating to the most
recent fiscal year expenditures for specific minority
programs, the effectiveness of such plans and programs and the
effectiveness of the methods and strategies developed by the
Board in meeting the purposes of this Section, the degree of
compliance with this Section by each public institution of
higher education as determined by the Board pursuant to its
periodic review responsibilities, and the findings made by the
Board in conducting its studies and monitoring student success
as required by paragraph d) of this Section. With respect to
each public institution of higher education such report also
shall include, but need not be limited to, information with
respect to each institution's minority program budget
allocations; minority student admission, retention and
graduation statistics; admission, retention, and graduation
statistics of all students who are the first in their

HB3217 - 54 - LRB102 14305 RJF 19657 b
immediate family to attend an institution of higher education;
number of financial assistance awards to undergraduate and
graduate minority students; and minority faculty
representation. This paragraph shall not be construed to
prohibit the Board from making, preparing or issuing
additional surveys or studies with respect to minority
education in Illinois.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 50. The Dental Student Grant Act is amended by
changing Section 3.07 as follows:
(110 ILCS 925/3.07) (from Ch. 144, par. 1503.07)
Sec. 3.07. "Racial minority" means a person who is any of
the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as

HB3217 - 55 - LRB102 14305 RJF 19657 b
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(Source: P.A. 97-396, eff. 1-1-12.)
Section 55. The Diversifying Higher Education Faculty in
Illinois Act is amended by changing Section 2 as follows:
(110 ILCS 930/2) (from Ch. 144, par. 2302)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Board of Higher Education.
"DFI" means the Diversifying Higher Education Faculty in
Illinois Program of financial assistance to minorities who are
traditionally underrepresented as participants in

HB3217 - 56 - LRB102 14305 RJF 19657 b
postsecondary education. The program shall assist them in
pursuing a graduate or professional degree and shall also
assist program graduates to find employment at an Illinois
institution of higher education, including a community
college, in a faculty or staff position.
"Program Board" means the entity created to administer the
grant program authorized by this Act.
"Qualified institution of higher education" means a
qualifying publicly or privately operated educational
institution located within Illinois (i) that offers
instruction leading toward or prerequisite to an academic or
professional degree beyond the baccalaureate degree, excluding
theological schools, and (ii) that is authorized to operate in
the State of Illinois.
"Racial minority" means a person who is a citizen of the
United States or a lawful permanent resident alien of the
United States and who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).

HB3217 - 57 - LRB102 14305 RJF 19657 b
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(Source: P.A. 97-396, eff. 1-1-12.)
Section 60. The Higher Education Student Assistance Act is
amended by changing Sections 50 and 65.30 as follows:
(110 ILCS 947/50)
Sec. 50. Minority Teachers of Illinois scholarship
program.
(a) As used in this Section:
"Eligible applicant" means a minority student who has

HB3217 - 58 - LRB102 14305 RJF 19657 b
graduated from high school or has received a high school
equivalency certificate and has maintained a cumulative
grade point average of no less than 2.5 on a 4.0 scale, and
who by reason thereof is entitled to apply for
scholarships to be awarded under this Section.
"Minority student" means a student who is any of the
following:
(1) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(3) Black or African American (a person having
origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(3.5) Descendant of American Slaves (a person
having direct ancestral lineage to victims of chattel
slavery in the United States of America). Terms such
as "Black", "African American", or "American
Descendant of Slavery" can be used in addition to

HB3217 - 59 - LRB102 14305 RJF 19657 b
"Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban,
Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples
of Hawaii, Guam, Samoa, or other Pacific Islands).
"Qualified student" means a person (i) who is a
resident of this State and a citizen or permanent resident
of the United States; (ii) who is a minority student, as
defined in this Section; (iii) who, as an eligible
applicant, has made a timely application for a minority
teaching scholarship under this Section; (iv) who is
enrolled on at least a half-time basis at a qualified
Illinois institution of higher learning; (v) who is
enrolled in a course of study leading to teacher
licensure, including alternative teacher licensure, or, if
the student is already licensed to teach, in a course of
study leading to an additional teaching endorsement or a
master's degree in an academic field in which he or she is
teaching or plans to teach; (vi) who maintains a grade
point average of no less than 2.5 on a 4.0 scale; and (vii)
who continues to advance satisfactorily toward the
attainment of a degree.
(b) In order to encourage academically talented Illinois
minority students to pursue teaching careers at the preschool

HB3217 - 60 - LRB102 14305 RJF 19657 b
or elementary or secondary school level, each qualified
student shall be awarded a minority teacher scholarship to any
qualified Illinois institution of higher learning. However,
preference may be given to qualified applicants enrolled at or
above the junior level.
(c) Each minority teacher scholarship awarded under this
Section shall be in an amount sufficient to pay the tuition and
fees and room and board costs of the qualified Illinois
institution of higher learning at which the recipient is
enrolled, up to an annual maximum of $5,000; except that in the
case of a recipient who does not reside on-campus at the
institution at which he or she is enrolled, the amount of the
scholarship shall be sufficient to pay tuition and fee
expenses and a commuter allowance, up to an annual maximum of
$5,000.
(d) The total amount of minority teacher scholarship
assistance awarded by the Commission under this Section to an
individual in any given fiscal year, when added to other
financial assistance awarded to that individual for that year,
shall not exceed the cost of attendance at the institution at
which the student is enrolled. If the amount of minority
teacher scholarship to be awarded to a qualified student as
provided in subsection (c) of this Section exceeds the cost of
attendance at the institution at which the student is
enrolled, the minority teacher scholarship shall be reduced by
an amount equal to the amount by which the combined financial

HB3217 - 61 - LRB102 14305 RJF 19657 b
assistance available to the student exceeds the cost of
attendance.
(e) The maximum number of academic terms for which a
qualified student can receive minority teacher scholarship
assistance shall be 8 semesters or 12 quarters.
(f) In any academic year for which an eligible applicant
under this Section accepts financial assistance through the
Paul Douglas Teacher Scholarship Program, as authorized by
Section 551 et seq. of the Higher Education Act of 1965, the
applicant shall not be eligible for scholarship assistance
awarded under this Section.
(g) All applications for minority teacher scholarships to
be awarded under this Section shall be made to the Commission
on forms which the Commission shall provide for eligible
applicants. The form of applications and the information
required to be set forth therein shall be determined by the
Commission, and the Commission shall require eligible
applicants to submit with their applications such supporting
documents or recommendations as the Commission deems
necessary.
(h) Subject to a separate appropriation for such purposes,
payment of any minority teacher scholarship awarded under this
Section shall be determined by the Commission. All scholarship
funds distributed in accordance with this subsection shall be
paid to the institution and used only for payment of the
tuition and fee and room and board expenses incurred by the

HB3217 - 62 - LRB102 14305 RJF 19657 b
student in connection with his or her attendance at a
qualified Illinois institution of higher learning. Any
minority teacher scholarship awarded under this Section shall
be applicable to 2 semesters or 3 quarters of enrollment. If a
qualified student withdraws from enrollment prior to
completion of the first semester or quarter for which the
minority teacher scholarship is applicable, the school shall
refund to the Commission the full amount of the minority
teacher scholarship.
(i) The Commission shall administer the minority teacher
scholarship aid program established by this Section and shall
make all necessary and proper rules not inconsistent with this
Section for its effective implementation.
(j) When an appropriation to the Commission for a given
fiscal year is insufficient to provide scholarships to all
qualified students, the Commission shall allocate the
appropriation in accordance with this subsection. If funds are
insufficient to provide all qualified students with a
scholarship as authorized by this Section, the Commission
shall allocate the available scholarship funds for that fiscal
year on the basis of the date the Commission receives a
complete application form.
(k) Notwithstanding the provisions of subsection (j) or
any other provision of this Section, at least 30% of the funds
appropriated for scholarships awarded under this Section in
each fiscal year shall be reserved for qualified male minority

HB3217 - 63 - LRB102 14305 RJF 19657 b
applicants. If the Commission does not receive enough
applications from qualified male minorities on or before
January 1 of each fiscal year to award 30% of the funds
appropriated for these scholarships to qualified male minority
applicants, then the Commission may award a portion of the
reserved funds to qualified female minority applicants.
(l) Prior to receiving scholarship assistance for any
academic year, each recipient of a minority teacher
scholarship awarded under this Section shall be required by
the Commission to sign an agreement under which the recipient
pledges that, within the one-year period following the
termination of the program for which the recipient was awarded
a minority teacher scholarship, the recipient (i) shall begin
teaching for a period of not less than one year for each year
of scholarship assistance he or she was awarded under this
Section; and (ii) shall fulfill this teaching obligation at a
nonprofit Illinois public, private, or parochial preschool,
elementary school, or secondary school at which no less than
30% of the enrolled students are minority students in the year
during which the recipient begins teaching at the school; and
(iii) shall, upon request by the Commission, provide the
Commission with evidence that he or she is fulfilling or has
fulfilled the terms of the teaching agreement provided for in
this subsection.
(m) If a recipient of a minority teacher scholarship
awarded under this Section fails to fulfill the teaching

HB3217 - 64 - LRB102 14305 RJF 19657 b
obligation set forth in subsection (l) of this Section, the
Commission shall require the recipient to repay the amount of
the scholarships received, prorated according to the fraction
of the teaching obligation not completed, at a rate of
interest equal to 5%, and, if applicable, reasonable
collection fees. The Commission is authorized to establish
rules relating to its collection activities for repayment of
scholarships under this Section. All repayments collected
under this Section shall be forwarded to the State Comptroller
for deposit into the State's General Revenue Fund.
(n) A recipient of minority teacher scholarship shall not
be considered in violation of the agreement entered into
pursuant to subsection (l) if the recipient (i) enrolls on a
full time basis as a graduate student in a course of study
related to the field of teaching at a qualified Illinois
institution of higher learning; (ii) is serving, not in excess
of 3 years, as a member of the armed services of the United
States; (iii) is a person with a temporary total disability
for a period of time not to exceed 3 years as established by
sworn affidavit of a qualified physician; (iv) is seeking and
unable to find full time employment as a teacher at an Illinois
public, private, or parochial preschool or elementary or
secondary school that satisfies the criteria set forth in
subsection (l) of this Section and is able to provide evidence
of that fact; (v) becomes a person with a permanent total
disability as established by sworn affidavit of a qualified

HB3217 - 65 - LRB102 14305 RJF 19657 b
physician; (vi) is taking additional courses, on at least a
half-time basis, needed to obtain licensure as a teacher in
Illinois; or (vii) is fulfilling teaching requirements
associated with other programs administered by the Commission
and cannot concurrently fulfill them under this Section in a
period of time equal to the length of the teaching obligation.
(o) Scholarship recipients under this Section who withdraw
from a program of teacher education but remain enrolled in
school to continue their postsecondary studies in another
academic discipline shall not be required to commence
repayment of their Minority Teachers of Illinois scholarship
so long as they remain enrolled in school on a full-time basis
or if they can document for the Commission special
circumstances that warrant extension of repayment.
(Source: P.A. 99-143, eff. 7-27-15; 100-235, eff. 6-1-18.)
(110 ILCS 947/65.30)
Sec. 65.30. Equal opportunity scholarships.
(a) The Commission may annually award a number of
scholarships to students who are interested in pursuing
studies in educational administration. Such scholarships shall
be issued to students who make application to the Commission
and who agree to take courses at qualified institutions of
higher learning that will allow them to complete a degree in
educational administration.
(b) Scholarships awarded under this Section shall be

HB3217 - 66 - LRB102 14305 RJF 19657 b
issued pursuant to regulations promulgated by the Commission;
provided that no rule or regulation promulgated by the State
Board of Education prior to the effective date of this
amendatory Act of 1993 pursuant to the exercise of any right,
power, duty, responsibility or matter of pending business
transferred from the State Board of Education to the
Commission under this Section shall be affected thereby, and
all such rules and regulations shall become the rules and
regulations of the Commission until modified or changed by the
Commission in accordance with law.
(c) Such scholarships shall be utilized for the payment of
tuition and non-revenue bond fees at any qualified institution
of higher learning. Such tuition and fees shall only be
available for courses that will enable the student to complete
training in educational administration. The Commission shall
determine which courses are eligible for tuition payments
under this Section.
(d) The Commission may make tuition payments directly to
the qualified institution of higher learning which the student
attends for the courses prescribed or may make payments to the
student. Any student who receives payments and who fails to
enroll in the courses prescribed shall refund the payments to
the Commission.
(e) The Commission, with the cooperation of the State
Board of Education, shall assist students who have
participated in the scholarship program established by this

HB3217 - 67 - LRB102 14305 RJF 19657 b
Section in finding employment in positions relating to
educational administration.
(f) Appropriations for the scholarships outlined in this
Section shall be made to the Commission from funds
appropriated by the General Assembly.
(g) This Section is substantially the same as Section
30-4d of the School Code, which Section is repealed by this
amendatory Act of 1993, and shall be construed as a
continuation of the equal opportunity scholarship program
established under that prior law, and not as a new or different
equal opportunity scholarship program. The State Board of
Education shall transfer to the Commission, as the successor
to the State Board of Education for all purposes of
administering and implementing the provisions of this Section,
all books, accounts, records, papers, documents, contracts,
agreements, and pending business in any way relating to the
equal opportunity scholarship program continued under this
Section; and all scholarships at any time awarded under that
program by, and all applications for any such scholarship at
any time made to, the State Board of Education shall be
unaffected by the transfer to the Commission of all
responsibility for the administration and implementation of
the equal opportunity scholarship program continued under this
Section. The State Board of Education shall furnish to the
Commission such other information as the Commission may
request to assist it in administering this Section.

HB3217 - 68 - LRB102 14305 RJF 19657 b
(h) For purposes of this Section:
(1) "Qualified institution of higher learning" means
the University of Illinois; Southern Illinois University;
Chicago State University; Eastern Illinois University;
Governors State University; Illinois State University;
Northeastern Illinois University; Northern Illinois
University; Western Illinois University; the public
community colleges of the State; any other public
universities, colleges and community colleges now or
hereafter established or authorized by the General
Assembly; and any Illinois privately operated, not for
profit institution located in this State which provides at
least an organized 2-year program of collegiate grade in
liberal arts or sciences, or both, directly applicable
toward the attainment of a baccalaureate or graduate
degree.
(2) "Racial minority" means a person who is any of the
following:
(1) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,

HB3217 - 69 - LRB102 14305 RJF 19657 b
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(3) Black or African American (a person having
origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(3.5) Descendant of American Slaves (a person
having direct ancestral lineage to victims of chattel
slavery in the United States of America). Terms such
as "Black", "African American", or "American
Descendant of Slavery" can be used in addition to
"Descendant of American Slaves".
(4) Hispanic or Latino (a person of Cuban,
Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples
of Hawaii, Guam, Samoa, or other Pacific Islands).
(3) "Student" means a woman or racial minority.
(Source: P.A. 97-396, eff. 1-1-12.)
Section 65. The Illinois Insurance Code is amended by
changing Section 500-50 as follows:
(215 ILCS 5/500-50)
(Section scheduled to be repealed on January 1, 2027)

HB3217 - 70 - LRB102 14305 RJF 19657 b
Sec. 500-50. Insurance producers; examination statistics.
(a) The use of examinations for the purpose of determining
qualifications of persons to be licensed as insurance
producers has a direct and far-reaching effect on persons
seeking those licenses, on insurance companies, and on the
public. It is in the public interest and it will further the
public welfare to insure that examinations for licensing do
not have the effect of unlawfully discriminating against
applicants for licensing as insurance producers on the basis
of race, color, national origin, or sex.
(b) As used in this Section, the following words have the
meanings given in this subsection.
Examination. "Examination" means the examination in each
line of insurance administered pursuant to Section 500-30.
Examinee. "Examinee" means a person who takes an
examination.
Part. "Part" means a portion of an examination for which a
score is calculated.
Operational item. "Operational item" means a test question
considered in determining an examinee's score.
Test form. "Test form" means the test booklet or
instrument used for a part of an examination.
Pretest item. "Pretest item" means a prospective test
question that is included in a test form in order to assess its
performance, but is not considered in determining an
examinee's score.

HB3217 - 71 - LRB102 14305 RJF 19657 b
Minority group or examinees. "Minority group" or "minority
examinees" means examinees who are American Indian or Alaska
Native, Asian, Black or African American, Hispanic or Latino,
or Native Hawaiian or Other Pacific Islander.
Correct-answer rate. "Correct-answer rate" for an item
means the number of examinees who provided the correct answer
on an item divided by the number of examinees who answered the
item.
Correlation. "Correlation" means a statistical measure of
the relationship between performance on an item and
performance on a part of the examination.
(c) The Director shall ask each examinee to self-report on
a voluntary basis on the answer sheet, application form, or by
other appropriate means, the following information:
(1) race or ethnicity (American Indian or Alaska
Native, Asian, Black or African American, Hispanic or
Latino, Native Hawaiian or Other Pacific Islander, or
White);
(2) education (8th grade or less; less than 12th
grade; high school diploma or high school equivalency
certificate; some college, but no 4-year degree; or 4-year
degree or more); and
(3) gender (male or female).
The Director must advise all examinees that they are not
required to provide this information, that they will not be
penalized for not doing so, and that the Director will use the

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information provided exclusively for research and statistical
purposes and to improve the quality and fairness of the
examinations.
(d) No later than May 1 of each year, the Director must
prepare, publicly announce, and publish an Examination Report
of summary statistical information relating to each
examination administered during the preceding calendar year.
Each Examination Report shall show with respect to each
examination:
(1) For all examinees combined and separately by race
or ethnicity, by educational level, by gender, by
educational level within race or ethnicity, by education
level within gender, and by race or ethnicity within
gender:
(A) number of examinees;
(B) percentage and number of examinees who passed
each part;
(C) percentage and number of examinees who passed
all parts;
(D) mean scaled scores on each part; and
(E) standard deviation of scaled scores on each
part.
(2) For male examinees, female examinees, Black or
African American examinees, white examinees, American
Indian or Alaska Native examinees, Asian examinees,
Hispanic or Latino examinees, and Native Hawaiian or Other

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Pacific Islander, respectively, with a high school diploma
or high school equivalency certificate, the distribution
of scaled scores on each part.
No later than May 1 of each year, the Director must prepare
and make available on request an Item Report of summary
statistical information relating to each operational item on
each test form administered during the preceding calendar
year. The Item Report shall show, for each operational item,
for all examinees combined and separately for Black or African
American examinees, white examinees, American Indian or Alaska
Native examinees, Asian examinees, Hispanic or Latino
examinees, and Native Hawaiian or Other Pacific Islander, the
correct-answer rates and correlations.
The Director is not required to report separate
statistical information for any group or subgroup comprising
fewer than 50 examinees.
(e) The Director must obtain a regular analysis of the
data collected under this Section, and any other relevant
information, for purposes of the development of new test
forms. The analysis shall continue the implementation of the
item selection methodology as recommended in the Final Report
of the Illinois Insurance Producer's Licensing Examination
Advisory Committee dated November 19, 1991, and filed with the
Department unless some other methodology is determined by the
Director to be as effective in minimizing differences between
white and minority examinee pass-fail rates.

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(f) The Director has the discretion to set cutoff scores
for the examinations, provided that scaled scores on test
forms administered after July 1, 1993, shall be made
comparable to scaled scores on test forms administered in 1991
by use of professionally acceptable methods so as to minimize
changes in passing rates related to the presence or absence of
or changes in equating or scaling equations or methods or
content outlines. Each calendar year, the scaled cutoff score
for each part of each examination shall fluctuate by no more
than the standard error of measurement from the scaled cutoff
score employed during the preceding year.
(g) No later than May 1, 2003 and no later than May 1 of
every fourth year thereafter, the Director must release to the
public and make generally available one representative test
form and set of answer keys for each part of each examination.
(h) The Director must maintain, for a period of 3 years
after they are prepared or used, all registration forms, test
forms, answer sheets, operational items and pretest items,
item analyses, and other statistical analyses relating to the
examinations. All personal identifying information regarding
examinees and the content of test items must be maintained
confidentially as necessary for purposes of protecting the
personal privacy of examinees and the maintenance of test
security.
(i) In administering the examinations, the Director must
make such accommodations for examinees with disabilities as

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are reasonably warranted by the particular disability
involved, including the provision of additional time if
necessary to complete an examination or special assistance in
taking an examination.
(j) For the purposes of this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of
the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other

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Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means
a person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(6) "White" means a person having origins in any of
the original peoples of Europe, the Middle East, or North
Africa.
(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
Section 70. The Illinois Public Aid Code is amended by
changing Section 4-23 as follows:
(305 ILCS 5/4-23)
Sec. 4-23. Civil rights impact statement.
(a) The Department of Human Services must submit to the
Governor and the General Assembly on January 1 of each
even-numbered year a written report that details the disparate
impact of various provisions of the TANF program on people of
different racial or ethnic groups who identify themselves in
an application for benefits as any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the

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Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(6) White (a person having origins in any of the
original peoples of Europe, the Middle East, or North
Africa).
(b) The report must at least compare the number of persons
in each group:
(1) who are receiving TANF assistance;
(2) whose 60-month lifetime limit on receiving

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assistance has expired;
(3) who have left TANF due to earned income;
(4) who have left TANF due to non-compliance with
program rules;
(5) whose TANF grants have been reduced by sanctions
for non-compliance with program rules;
(6) who have returned to TANF 6 months after leaving
due to earned income;
(7) who have returned to TANF 12 months after leaving
due to earned income;
(8) who have one or more children excluded from
receiving TANF cash assistance due to the child exclusion
rule;
(9) who have been granted an exemption from work
requirements; and
(10) who are participating in post-secondary education
activities.
(Source: P.A. 97-396, eff. 1-1-12.)
Section 75. The Illinois Vehicle Code is amended by
changing Section 11-212 as follows:
(625 ILCS 5/11-212)
Sec. 11-212. Traffic and pedestrian stop statistical
study.
(a) Whenever a State or local law enforcement officer

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issues a uniform traffic citation or warning citation for an
alleged violation of the Illinois Vehicle Code, he or she
shall record at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person
stopped; the person's race shall be selected from the
following list: American Indian or Alaska Native, Asian,
Black or African American, Hispanic or Latino, Native
Hawaiian or Other Pacific Islander, or White;
(2) the alleged traffic violation that led to the stop
of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the
stop was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to

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the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer
stops a motorist for an alleged violation of the Illinois
Vehicle Code and does not issue a uniform traffic citation or
warning citation for an alleged violation of the Illinois
Vehicle Code, he or she shall complete a uniform stop card,
which includes field contact cards, or any other existing form
currently used by law enforcement containing information
required pursuant to this Act, that records at least the
following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person
stopped; the person's race shall be selected from the
following list: American Indian or Alaska Native, Asian,
Black or African American, Hispanic or Latino, Native
Hawaiian or Other Pacific Islander, or White;
(2) the reason that led to the stop of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the

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vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the
stop was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b-5) For purposes of this subsection (b-5), "detention"
means all frisks, searches, summons, and arrests. Whenever a
law enforcement officer subjects a pedestrian to detention in
a public place, he or she shall complete a uniform pedestrian
stop card, which includes any existing form currently used by

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law enforcement containing all the information required under
this Section, that records at least the following:
(1) the gender, and the officer's subjective
determination of the race of the person stopped; the
person's race shall be selected from the following list:
American Indian or Alaska Native, Asian, Black or African
American, Hispanic or Latino, Native Hawaiian or Other
Pacific Islander, or White;
(2) all the alleged reasons that led to the stop of the
person;
(3) the date and time of the stop;
(4) the location of the stop;
(5) whether or not a protective pat down or frisk was
conducted of the person; and, if so, all the alleged
reasons that led to the protective pat down or frisk, and
whether it was with consent or by other means;
(6) whether or not contraband was found during the
protective pat down or frisk; and, if so, the type and
amount of contraband seized;
(7) whether or not a search beyond a protective pat
down or frisk was conducted of the person or his or her
effects; and, if so, all the alleged reasons that led to
the search, and whether it was with consent or by other
means;
(8) whether or not contraband was found during the
search beyond a protective pat down or frisk; and, if so,

HB3217 - 83 - LRB102 14305 RJF 19657 b
the type and amount of contraband seized;
(9) the disposition of the stop, such as a warning, a
ticket, a summons, or an arrest;
(10) if a summons or ticket was issued, or an arrest
made, a record of the violations, offenses, or crimes
alleged or charged; and
(11) the name and badge number of the officer who
conducted the detention.
This subsection (b-5) does not apply to searches or
inspections for compliance authorized under the Fish and
Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
or searches or inspections during routine security screenings
at facilities or events.
(c) The Illinois Department of Transportation shall
provide a standardized law enforcement data compilation form
on its website.
(d) Every law enforcement agency shall, by March 1 with
regard to data collected during July through December of the
previous calendar year and by August 1 with regard to data
collected during January through June of the current calendar
year, compile the data described in subsections (a), (b), and
(b-5) on the standardized law enforcement data compilation
form provided by the Illinois Department of Transportation and
transmit the data to the Department.
(e) The Illinois Department of Transportation shall
analyze the data provided by law enforcement agencies required

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by this Section and submit a report of the previous year's
findings to the Governor, the General Assembly, the Racial
Profiling Prevention and Data Oversight Board, and each law
enforcement agency no later than July 1 of each year. The
Illinois Department of Transportation may contract with an
outside entity for the analysis of the data provided. In
analyzing the data collected under this Section, the analyzing
entity shall scrutinize the data for evidence of statistically
significant aberrations. The following list, which is
illustrative, and not exclusive, contains examples of areas in
which statistically significant aberrations may be found:
(1) The percentage of minority drivers, passengers, or
pedestrians being stopped in a given area is substantially
higher than the proportion of the overall population in or
traveling through the area that the minority constitutes.
(2) A substantial number of false stops including
stops not resulting in the issuance of a traffic ticket or
the making of an arrest.
(3) A disparity between the proportion of citations
issued to minorities and proportion of minorities in the
population.
(4) A disparity among the officers of the same law
enforcement agency with regard to the number of minority
drivers, passengers, or pedestrians being stopped in a
given area.
(5) A disparity between the frequency of searches

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performed on minority drivers or pedestrians and the
frequency of searches performed on non-minority drivers or
pedestrians.
(f) Any law enforcement officer identification information
and driver or pedestrian identification information that is
compiled by any law enforcement agency or the Illinois
Department of Transportation pursuant to this Act for the
purposes of fulfilling the requirements of this Section shall
be confidential and exempt from public inspection and copying,
as provided under Section 7 of the Freedom of Information Act,
and the information shall not be transmitted to anyone except
as needed to comply with this Section. This Section shall not
exempt those materials that, prior to the effective date of
this amendatory Act of the 93rd General Assembly, were
available under the Freedom of Information Act. This
subsection (f) shall not preclude law enforcement agencies
from reviewing data to perform internal reviews.
(g) Funding to implement this Section shall come from
federal highway safety funds available to Illinois, as
directed by the Governor.
(h) The Illinois Criminal Justice Information Authority,
in consultation with law enforcement agencies, officials, and
organizations, including Illinois chiefs of police, the
Department of State Police, the Illinois Sheriffs Association,
and the Chicago Police Department, and community groups and
other experts, shall undertake a study to determine the best

HB3217 - 86 - LRB102 14305 RJF 19657 b
use of technology to collect, compile, and analyze the traffic
stop statistical study data required by this Section. The
Department shall report its findings and recommendations to
the Governor and the General Assembly by March 1, 2022.
(h-1) The Traffic and Pedestrian Stop Data Use and
Collection Task Force is hereby created.
(1) The Task Force shall undertake a study to
determine the best use of technology to collect, compile,
and analyze the traffic stop statistical study data
required by this Section.
(2) The Task Force shall be an independent Task Force
under the Illinois Criminal Justice Information Authority
for administrative purposes, and shall consist of the
following members:
(A) 2 academics or researchers who have studied
issues related to traffic or pedestrian stop data
collection and have education or expertise in
statistics;
(B) one professor from an Illinois university who
specializes in policing and racial equity;
(C) one representative from the Illinois State
Police;
(D) one representative from the Chicago Police
Department;
(E) one representative from the Illinois Chiefs of
Police;

HB3217 - 87 - LRB102 14305 RJF 19657 b
(F) one representative from the Illinois Sheriffs
Association;
(G) one representative from the Chicago Fraternal
Order of Police;
(H) one representative from the Illinois Fraternal
Order of Police;
(I) the Executive Director of the American Civil
Liberties Union of Illinois, or his or her designee;
and
(J) 5 representatives from different community
organizations who specialize in civil or human rights,
policing, or criminal justice reform work, and that
represent a range of minority interests or different
parts of the State.
(3) The Illinois Criminal Justice Information
Authority may consult, contract, work in conjunction with,
and obtain any information from any individual, agency,
association, or research institution deemed appropriate by
the Authority.
(4) The Task Force shall report its findings and
recommendations to the Governor and the General Assembly
by March 1, 2022 and every 3 years after.
(h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who

HB3217 - 88 - LRB102 14305 RJF 19657 b
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of
the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(2.5) "Badge" means an officer's department issued
identification number associated with his or her position
as a police officer with that department.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means
a person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(6) "White" means a person having origins in any of

HB3217 - 89 - LRB102 14305 RJF 19657 b
the original peoples of Europe, the Middle East, or North
Africa.
(i) (Blank).
(Source: P.A. 101-24, eff. 6-21-19.)
Section 80. The Criminal Code of 2012 is amended by
changing Section 17-10.2 as follows:
(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29)
Sec. 17-10.2. Businesses owned by minorities, females, and
persons with disabilities; fraudulent contracts with
governmental units.
(a) In this Section:
"Minority person" means a person who is any of the
following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as

HB3217 - 90 - LRB102 14305 RJF 19657 b
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a
person qualifying as having a disability.
"Disability" means a severe physical or mental
disability that: (1) results from: amputation, arthritis,
autism, blindness, burn injury, cancer, cerebral palsy,
cystic fibrosis, deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or pulmonary
dysfunction, an intellectual disability, mental illness,
multiple sclerosis, muscular dystrophy, musculoskeletal
disorders, neurological disorders, including stroke and
epilepsy, paraplegia, quadriplegia and other spinal cord

HB3217 - 91 - LRB102 14305 RJF 19657 b
conditions, sickle cell anemia, specific learning
disabilities, or end stage renal failure disease; and (2)
substantially limits one or more of the person's major
life activities.
"Minority owned business" means a business concern
that is at least 51% owned by one or more minority persons,
or in the case of a corporation, at least 51% of the stock
in which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who
own it.
"Female owned business" means a business concern that
is at least 51% owned by one or more females, or, in the
case of a corporation, at least 51% of the stock in which
is owned by one or more females; and the management and
daily business operations of which are controlled by one
or more of the females who own it.
"Business owned by a person with a disability" means a
business concern that is at least 51% owned by one or more
persons with a disability and the management and daily
business operations of which are controlled by one or more
of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".

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"Governmental unit" means the State, a unit of local
government, or school district.
(b) In addition to any other penalties imposed by law or by
an ordinance or resolution of a unit of local government or
school district, any individual or entity that knowingly
obtains, or knowingly assists another to obtain, a contract
with a governmental unit, or a subcontract or written
commitment for a subcontract under a contract with a
governmental unit, by falsely representing that the individual
or entity, or the individual or entity assisted, is a minority
owned business, female owned business, or business owned by a
person with a disability is guilty of a Class 2 felony,
regardless of whether the preference for awarding the contract
to a minority owned business, female owned business, or
business owned by a person with a disability was established
by statute or by local ordinance or resolution.
(c) In addition to any other penalties authorized by law,
the court shall order that an individual or entity convicted
of a violation of this Section must pay to the governmental
unit that awarded the contract a penalty equal to one and
one-half times the amount of the contract obtained because of
the false representation.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 85. The Illinois Human Rights Act is amended by
changing Section 2-105 as follows:

HB3217 - 93 - LRB102 14305 RJF 19657 b
(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment Opportunities; Affirmative
Action.
(A) Public Contracts. Every party to a public contract and
every eligible bidder shall:
(1) Refrain from unlawful discrimination and
discrimination based on citizenship status in employment
and undertake affirmative action to assure equality of
employment opportunity and eliminate the effects of past
discrimination;
(2) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;
(3) Provide such information, with respect to its
employees and applicants for employment, and assistance as
the Department may reasonably request;
(4) Have written sexual harassment policies that shall
include, at a minimum, the following information: (i) the
illegality of sexual harassment; (ii) the definition of
sexual harassment under State law; (iii) a description of
sexual harassment, utilizing examples; (iv) the vendor's
internal complaint process including penalties; (v) the
legal recourse, investigative and complaint process
available through the Department and the Commission; (vi)
directions on how to contact the Department and

HB3217 - 94 - LRB102 14305 RJF 19657 b
Commission; and (vii) protection against retaliation as
provided by Section 6-101 of this Act. A copy of the
policies shall be provided to the Department upon request.
Additionally, each bidder who submits a bid or offer for a
State contract under the Illinois Procurement Code shall
have a written copy of the bidder's sexual harassment
policy as required under this paragraph (4). A copy of the
policy shall be provided to the State agency entering into
the contract upon request.
(B) State Agencies. Every State executive department,
State agency, board, commission, and instrumentality shall:
(1) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;
(2) Provide such information and assistance as the
Department may request.
(3) Establish, maintain, and carry out a continuing
affirmative action plan consistent with this Act and the
regulations of the Department designed to promote equal
opportunity for all State residents in every aspect of
agency personnel policy and practice. For purposes of
these affirmative action plans, the race and national
origin categories to be included in the plans are:
American Indian or Alaska Native, Asian, Black or African
American, Hispanic or Latino, Native Hawaiian or Other
Pacific Islander.

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This plan shall include a current detailed status
report:
(a) indicating, by each position in State service,
the number, percentage, and average salary of
individuals employed by race, national origin, sex and
disability, and any other category that the Department
may require by rule;
(b) identifying all positions in which the
percentage of the people employed by race, national
origin, sex and disability, and any other category
that the Department may require by rule, is less than
four-fifths of the percentage of each of those
components in the State work force;
(c) specifying the goals and methods for
increasing the percentage by race, national origin,
sex and disability, and any other category that the
Department may require by rule, in State positions;
(d) indicating progress and problems toward
meeting equal employment opportunity goals, including,
if applicable, but not limited to, Department of
Central Management Services recruitment efforts,
publicity, promotions, and use of options designating
positions by linguistic abilities;
(e) establishing a numerical hiring goal for the
employment of qualified persons with disabilities in
the agency as a whole, to be based on the proportion of

HB3217 - 96 - LRB102 14305 RJF 19657 b
people with work disabilities in the Illinois labor
force as reflected in the most recent employment data
made available by the United States Census Bureau.
(4) If the agency has 1000 or more employees, appoint
a full-time Equal Employment Opportunity officer, subject
to the Department's approval, whose duties shall include:
(a) Advising the head of the particular State
agency with respect to the preparation of equal
employment opportunity programs, procedures,
regulations, reports, and the agency's affirmative
action plan.
(b) Evaluating in writing each fiscal year the
sufficiency of the total agency program for equal
employment opportunity and reporting thereon to the
head of the agency with recommendations as to any
improvement or correction in recruiting, hiring or
promotion needed, including remedial or disciplinary
action with respect to managerial or supervisory
employees who have failed to cooperate fully or who
are in violation of the program.
(c) Making changes in recruitment, training and
promotion programs and in hiring and promotion
procedures designed to eliminate discriminatory
practices when authorized.
(d) Evaluating tests, employment policies,
practices and qualifications and reporting to the head

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of the agency and to the Department any policies,
practices and qualifications that have unequal impact
by race, national origin as required by Department
rule, sex or disability or any other category that the
Department may require by rule, and to assist in the
recruitment of people in underrepresented
classifications. This function shall be performed in
cooperation with the State Department of Central
Management Services.
(e) Making any aggrieved employee or applicant for
employment aware of his or her remedies under this
Act.
In any meeting, investigation, negotiation,
conference, or other proceeding between a State
employee and an Equal Employment Opportunity officer,
a State employee (1) who is not covered by a collective
bargaining agreement and (2) who is the complaining
party or the subject of such proceeding may be
accompanied, advised and represented by (1) an
attorney licensed to practice law in the State of
Illinois or (2) a representative of an employee
organization whose membership is composed of employees
of the State and of which the employee is a member. A
representative of an employee, other than an attorney,
may observe but may not actively participate, or
advise the State employee during the course of such

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meeting, investigation, negotiation, conference or
other proceeding. Nothing in this Section shall be
construed to permit any person who is not licensed to
practice law in Illinois to deliver any legal services
or otherwise engage in any activities that would
constitute the unauthorized practice of law. Any
representative of an employee who is present with the
consent of the employee, shall not, during or after
termination of the relationship permitted by this
Section with the State employee, use or reveal any
information obtained during the course of the meeting,
investigation, negotiation, conference or other
proceeding without the consent of the complaining
party and any State employee who is the subject of the
proceeding and pursuant to rules and regulations
governing confidentiality of such information as
promulgated by the appropriate State agency.
Intentional or reckless disclosure of information in
violation of these confidentiality requirements shall
constitute a Class B misdemeanor.
(5) Establish, maintain and carry out a continuing
sexual harassment program that shall include the
following:
(a) Develop a written sexual harassment policy
that includes at a minimum the following information:
(i) the illegality of sexual harassment; (ii) the

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definition of sexual harassment under State law; (iii)
a description of sexual harassment, utilizing
examples; (iv) the agency's internal complaint process
including penalties; (v) the legal recourse,
investigative and complaint process available through
the Department and the Commission; (vi) directions on
how to contact the Department and Commission; and
(vii) protection against retaliation as provided by
Section 6-101 of this Act. The policy shall be
reviewed annually.
(b) Post in a prominent and accessible location
and distribute in a manner to assure notice to all
agency employees without exception the agency's sexual
harassment policy. Such documents may meet, but shall
not exceed, the 6th grade literacy level. Distribution
shall be effectuated within 90 days of the effective
date of this amendatory Act of 1992 and shall occur
annually thereafter.
(c) Provide training on sexual harassment
prevention and the agency's sexual harassment policy
as a component of all ongoing or new employee training
programs.
(6) Notify the Department 30 days before effecting any
layoff. Once notice is given, the following shall occur:
(a) No layoff may be effective earlier than 10
working days after notice to the Department, unless an

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emergency layoff situation exists.
(b) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must notify each employee
targeted for layoff, the employee's union
representative (if applicable), and the State
Dislocated Worker Unit at the Department of Commerce
and Economic Opportunity.
(c) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must conform to applicable
collective bargaining agreements.
(d) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur should notify each employee
targeted for layoff that transitional assistance may
be available to him or her under the Economic
Dislocation and Worker Adjustment Assistance Act
administered by the Department of Commerce and
Economic Opportunity. Failure to give such notice
shall not invalidate the layoff or postpone its
effective date.
As used in this subsection (B), "disability" shall be
defined in rules promulgated under the Illinois Administrative
Procedure Act.
(C) Civil Rights Violations. It is a civil rights

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violation for any public contractor or eligible bidder to:
(1) fail to comply with the public contractor's or
eligible bidder's duty to refrain from unlawful
discrimination and discrimination based on citizenship
status in employment under subsection (A)(1) of this
Section; or
(2) fail to comply with the public contractor's or
eligible bidder's duties of affirmative action under
subsection (A) of this Section, provided however, that the
Department has notified the public contractor or eligible
bidder in writing by certified mail that the public
contractor or eligible bidder may not be in compliance
with affirmative action requirements of subsection (A). A
minimum of 60 days to comply with the requirements shall
be afforded to the public contractor or eligible bidder
before the Department may issue formal notice of
non-compliance.
(D) As used in this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of
the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

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the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(3.5) Descendant of American Slaves (a person having
direct ancestral lineage to victims of chattel slavery in
the United States of America). Terms such as "Black",
"African American", or "American Descendant of Slavery"
can be used in addition to "Descendant of American
Slaves".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means
a person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)