Bill Text: IL HB5752 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends various Acts to add Arab persons to provisions referencing or defining minority groups and ethnicities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-11-16 - Referred to Rules Committee [HB5752 Detail]
Download: Illinois-2021-HB5752-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Employment Records Act is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | changing Sections 10 and 15 as follows:
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6 | (5 ILCS 410/10)
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7 | Sec. 10. Definitions. As used in this Act:
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8 | (a) "Agency work force" means those persons employed by a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | State agency
who are part of the State work force.
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10 | (b) "Contractual services employee" means a person | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | employed by the
State, or a State supported institution of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | higher education, under a
written contract and paid by a State | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | system CO-2 voucher (or its
administrative equivalent) whose | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | daily duties and responsibilities are
directly or indirectly | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | supervised or managed by a person paid by a payroll
warrant (or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | its administrative equivalent) funded by State funds or pass
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17 | through funds.
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18 | (c) "Agency" or "State agency" means those entities | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | included in the
definition of "State agencies" in the Illinois | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | State Auditing Act.
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21 | (d) "Minority" means a person who is any of the following:
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22 | (1) American Indian or Alaska Native (a person having | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | origins in any of the original peoples of North and South |
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1 | America, including Central America, and who maintains | ||||||
2 | tribal affiliation or community attachment). | ||||||
3 | (2) Asian (a person having origins in any of the | ||||||
4 | original peoples of the Far East, Southeast Asia, or the | ||||||
5 | Indian subcontinent, including, but not limited to, | ||||||
6 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
7 | the Philippine Islands, Thailand, and Vietnam). | ||||||
8 | (3) Black or African American (a person having origins | ||||||
9 | in any of the black racial groups of Africa). | ||||||
10 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
11 | Puerto Rican, South or Central American, or other Spanish | ||||||
12 | culture or origin, regardless of race). | ||||||
13 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
14 | person having origins in any of the original peoples of | ||||||
15 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
16 | (6) Arab (a person having origins in any of the | ||||||
17 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
18 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
19 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
20 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria).
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21 | (e) "Professional employee" means a person employed to | ||||||
22 | perform
employment duties requiring academic training, | ||||||
23 | evidenced by a graduate or
advanced degree from an accredited | ||||||
24 | institution of higher education, and
who, in the performance | ||||||
25 | of those employment duties, may only engage in active
practice | ||||||
26 | of the academic training received when licensed or certified |
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1 | by
the State of Illinois.
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2 | (f) "State employee" means any person employed within the | ||||||
3 | State work force.
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4 | (g) "State work force" means all persons employed by the | ||||||
5 | State of
Illinois as evidenced by:
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6 | (1) the total number of all payroll warrants (or their | ||||||
7 | administrative
equivalent) issued by the Comptroller to | ||||||
8 | pay:
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9 | (i) persons subject to the Personnel Code; and
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10 | (ii) for the sole purpose of providing accurate | ||||||
11 | statistical
information, all persons exempt from the | ||||||
12 | Personnel Code; and
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13 | (2) the total number of payroll warrants (or their | ||||||
14 | administrative
equivalent) funded by State appropriation | ||||||
15 | which are issued by educational
institutions governed by | ||||||
16 | the Board of Trustees of the University of
Illinois, the | ||||||
17 | Board of Trustees of Southern Illinois University, the | ||||||
18 | Board
of Governors of State Colleges and Universities, and | ||||||
19 | the Board of Regents; and
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20 | (3) the total number of contractual payroll system | ||||||
21 | CO-2 vouchers (or
their administrative equivalent) funded | ||||||
22 | by State revenues and issued by:
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23 | (i) the State Comptroller; and
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24 | (ii) the issuing agents of the educational | ||||||
25 | institutions listed in
subdivision (2) of this | ||||||
26 | subsection (g).
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1 | "State work force" does not, however, include
persons holding | ||||||
2 | elective State office.
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3 | (Source: P.A. 102-465, eff. 1-1-22 .)
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4 | (5 ILCS 410/15)
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5 | Sec. 15. Reported information.
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6 | (a) State agencies shall, if necessary, consult with the | ||||||
7 | Office of the
Comptroller and the
Governor's Office of | ||||||
8 | Management and Budget to confirm the accuracy of information
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9 | required by this Act. State agencies shall collect and | ||||||
10 | maintain information
and publish reports including but not | ||||||
11 | limited to the following information
arranged in the indicated | ||||||
12 | categories:
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13 | (i) the total number of persons employed by the agency | ||||||
14 | who are part of
the State work force, as defined by this | ||||||
15 | Act, and the number and statistical
percentage of women, | ||||||
16 | minorities, and persons with physical disabilities | ||||||
17 | employed
within the agency work force;
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18 | (ii) the total number of persons employed within the | ||||||
19 | agency work force
receiving levels of State remuneration | ||||||
20 | within incremental levels of
$10,000, and the number and | ||||||
21 | statistical percentage of minorities, women, and
persons | ||||||
22 | with physical disabilities in the agency work force | ||||||
23 | receiving levels of
State remuneration within incremented | ||||||
24 | levels of $10,000;
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25 | (iii) the number of open positions of employment or |
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1 | advancement in the
agency work force, reported on a fiscal | ||||||
2 | year basis;
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3 | (iv) the number and percentage of open positions of | ||||||
4 | employment or
advancement in the agency work force filled | ||||||
5 | by minorities, women, and
persons with physical | ||||||
6 | disabilities, reported on a fiscal year basis;
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7 | (v) the total number of persons employed within the | ||||||
8 | agency work force
as professionals, and the number and | ||||||
9 | percentage of minorities, women, and
persons with physical | ||||||
10 | disabilities employed within the agency work force as
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11 | professional employees; and
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12 | (vi) the total number of persons employed within the | ||||||
13 | agency work force
as contractual service employees, and | ||||||
14 | the number and percentage of minorities,
women, and | ||||||
15 | persons with physical disabilities employed within the | ||||||
16 | agency work force as
contractual services employees.
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17 | (b) The numbers and percentages of minorities required to | ||||||
18 | be reported by
this Section shall be identified by the | ||||||
19 | following categories: | ||||||
20 | (1) American Indian or Alaska Native (a person having | ||||||
21 | origins in any of the original peoples of North and South | ||||||
22 | America, including Central America, and who maintains | ||||||
23 | tribal affiliation or community attachment). | ||||||
24 | (2) Asian (a person having origins in any of the | ||||||
25 | original peoples of the Far East, Southeast Asia, or the | ||||||
26 | Indian subcontinent, including, but not limited to, |
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1 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
2 | the Philippine Islands, Thailand, and Vietnam). | ||||||
3 | (3) Black or African American (a person having origins | ||||||
4 | in any of the black racial groups of Africa). | ||||||
5 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
6 | Puerto Rican, South or Central American, or other Spanish | ||||||
7 | culture or origin, regardless of race). | ||||||
8 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
9 | person having origins in any of the original peoples of | ||||||
10 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
11 | (6) Arab (a person having origins in any of the | ||||||
12 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
13 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
14 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
15 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
16 | Data concerning women shall be
reported on a minority and | ||||||
17 | nonminority basis.
The numbers and percentages of persons with | ||||||
18 | physical disabilities required to be
reported under this | ||||||
19 | Section shall be identified by categories as male and
female.
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20 | (c) To accomplish consistent and uniform classification | ||||||
21 | and collection of
information from each State agency, and to | ||||||
22 | ensure full compliance and that all
required information is | ||||||
23 | provided, the Index Department of the Office of the
Secretary | ||||||
24 | of State, in consultation with the Department of Human Rights, | ||||||
25 | the
Department of Central Management Services, and the Office | ||||||
26 | of the Comptroller,
shall develop appropriate forms to be used |
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1 | by all State agencies subject to the
reporting requirements of | ||||||
2 | this Act.
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3 | All State agencies shall make the reports required by this | ||||||
4 | Act using the
forms developed under this subsection. The | ||||||
5 | reports must be certified and
signed by an official of the | ||||||
6 | agency who is responsible for the information
provided.
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7 | (Source: P.A. 102-465, eff. 1-1-22 .)
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8 | Section 10. The Uniform Racial Classification Act is | ||||||
9 | amended by changing Section 5 as follows:
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10 | (20 ILCS 50/5)
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11 | Sec. 5. Uniform racial classification. Notwithstanding any | ||||||
12 | other provision of law, except as otherwise required by | ||||||
13 | federal law or regulation, whenever a State agency is required | ||||||
14 | by law to compile or report statistical data using racial or | ||||||
15 | ethnic classifications, that State agency shall use the | ||||||
16 | following classifications: (i) White; (ii) Black or African | ||||||
17 | American; (iii) American Indian or Alaska Native; (iv) Asian; | ||||||
18 | (v) Native Hawaiian or Other Pacific Islander; or (vi) | ||||||
19 | Hispanic or Latino ; or (vii) Arab . | ||||||
20 | For the purposes of this Act, "State agency" means the | ||||||
21 | offices of the constitutional officers identified in Article V | ||||||
22 | of the Illinois Constitution, executive agencies, and | ||||||
23 | departments, boards, commissions, and authorities under the | ||||||
24 | Governor.
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1 | (Source: P.A. 98-982, eff. 8-18-14.)
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2 | Section 15. The Data Governance and Organization to | ||||||
3 | Support Equity and Racial Justice Act is amended by changing | ||||||
4 | Section 20-15 as follows:
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5 | (20 ILCS 65/20-15)
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6 | Sec. 20-15. Data Governance and Organization to Support | ||||||
7 | Equity and Racial Justice. | ||||||
8 | (a) On or before July 1, 2022 and each July 1 thereafter, | ||||||
9 | the Board and the Department shall report statistical data on | ||||||
10 | the racial, ethnic, age, sex, disability status, sexual | ||||||
11 | orientation, gender identity, and primary or preferred | ||||||
12 | language demographics of program participants for each major | ||||||
13 | program administered by the Board or the Department. Except as | ||||||
14 | provided in subsection (b), when reporting the data required | ||||||
15 | under this Section, the Board or the Department shall use the | ||||||
16 | same racial and ethnic classifications for each program, which | ||||||
17 | shall include, but not be limited to, the following: | ||||||
18 | (1) American Indian and Alaska Native alone. | ||||||
19 | (2) Asian alone. | ||||||
20 | (3) Black or African American alone. | ||||||
21 | (4) Hispanic or Latino of any race. | ||||||
22 | (5) Native Hawaiian and Other Pacific Islander alone. | ||||||
23 | (5.5) Arab alone. | ||||||
24 | (6) White alone. |
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1 | (7) Some other race alone. | ||||||
2 | (8) Two or more races.
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3 | The Board and the Department may further define, by rule, | ||||||
4 | the racial and ethnic classifications, including, if | ||||||
5 | necessary, a classification of "No Race Specified". | ||||||
6 | (c) If a program administered by the Board or the | ||||||
7 | Department is subject to federal reporting requirements that | ||||||
8 | include the collection and public reporting of statistical | ||||||
9 | data on the racial and ethnic demographics of program | ||||||
10 | participants, the Department may maintain the same racial and | ||||||
11 | ethnic classifications used under the federal requirements if | ||||||
12 | such classifications differ from the classifications listed in | ||||||
13 | subsection (a). | ||||||
14 | (d) The Department of Innovation and Technology shall | ||||||
15 | assist the Board and the Department by establishing common | ||||||
16 | technological processes and procedures for the Board and the | ||||||
17 | Department to: | ||||||
18 | (1) Catalog data. | ||||||
19 | (2) Identify similar fields in datasets. | ||||||
20 | (3) Manage data requests. | ||||||
21 | (4) Share data. | ||||||
22 | (5) Collect data. | ||||||
23 | (6) Improve and clean data. | ||||||
24 | (7) Match data across the Board and Departments. | ||||||
25 | (8) Develop research and analytic agendas. | ||||||
26 | (9) Report on program participation disaggregated by |
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1 | race and ethnicity. | ||||||
2 | (10) Evaluate equitable outcomes for underserved | ||||||
3 | populations in Illinois. | ||||||
4 | (11) Define common roles for data management. | ||||||
5 | (12) Ensure that all major programs can report | ||||||
6 | disaggregated data by race, ethnicity, age, sex, | ||||||
7 | disability status, sexual orientation, and gender | ||||||
8 | identity, and primary or preferred language. | ||||||
9 | The Board and the Department shall use the common | ||||||
10 | technological processes and procedures established by the | ||||||
11 | Department of Innovation and Technology. | ||||||
12 | (e) If the Board or the Department is unable to begin | ||||||
13 | reporting the data required by subsection (a) by July 1, 2022, | ||||||
14 | the Board or the Department shall state the reasons for the | ||||||
15 | delay under the reporting requirements. | ||||||
16 | (f) By no later than March 31, 2022, the Board and the | ||||||
17 | Department shall provide a progress report to the General | ||||||
18 | Assembly to disclose: (i) the programs and datasets that have | ||||||
19 | been cataloged for which race, ethnicity, age, sex, disability | ||||||
20 | status, sexual orientation, gender identity, and primary or | ||||||
21 | preferred language have been standardized; and (ii) to the | ||||||
22 | extent possible, the datasets and programs that are | ||||||
23 | outstanding for each agency and the datasets that are planned | ||||||
24 | for the upcoming year. On or before March 31, 2023, and each | ||||||
25 | year thereafter, the Board and Departments shall provide an | ||||||
26 | updated report to the General Assembly. |
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1 | (g) By no later than October 31, 2021, the Governor's | ||||||
2 | Office shall provide a plan to establish processes for input | ||||||
3 | from the Board and the Department into processes outlined in | ||||||
4 | subsection (b). The plan shall incorporate ongoing efforts at | ||||||
5 | data interoperability within the Department and the governance | ||||||
6 | established to support the P-20 Longitudinal Education Data | ||||||
7 | System enacted by Public Act 96-107. | ||||||
8 | (h) Nothing in this Section shall be construed to limit | ||||||
9 | the rights granted to individuals or data sharing protections | ||||||
10 | established under existing State and federal data privacy and | ||||||
11 | security laws.
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12 | (Source: P.A. 101-654, eff. 3-8-21; 102-543, eff. 8-20-21.)
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13 | Section 20. The Illinois Act on the Aging is amended by | ||||||
14 | changing Section 3.10 as follows:
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15 | (20 ILCS 105/3.10)
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16 | Sec. 3.10.
"Minority senior citizen" means any person
55 | ||||||
17 | years of age or older for whom
opportunities for employment | ||||||
18 | and participation in community life are
unavailable or
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19 | severely limited and who is any of the following:
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20 | (1) American Indian or Alaska Native (a person having | ||||||
21 | origins in any of the original peoples of North and South | ||||||
22 | America, including Central America, and who maintains | ||||||
23 | tribal affiliation or community attachment). | ||||||
24 | (2) Asian (a person having origins in any of the |
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1 | original peoples of the Far East, Southeast Asia, or the | ||||||
2 | Indian subcontinent, including, but not limited to, | ||||||
3 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
4 | the Philippine Islands, Thailand, and Vietnam). | ||||||
5 | (3) Black or African American (a person having origins | ||||||
6 | in any of the black racial groups of Africa). | ||||||
7 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
8 | Puerto Rican, South or Central American, or other Spanish | ||||||
9 | culture or origin, regardless of race). | ||||||
10 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
11 | person having origins in any of the original peoples of | ||||||
12 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
13 | (6) Arab (a person having origins in any of the | ||||||
14 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
15 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
16 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
17 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
18 | (Source: P.A. 102-465, eff. 1-1-22 .)
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19 | Section 25. The Substance Use Disorder Act is amended by | ||||||
20 | changing Section 5-10 as follows:
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21 | (20 ILCS 301/5-10)
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22 | Sec. 5-10. Functions of the Department.
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23 | (a) In addition to the powers, duties and functions vested | ||||||
24 | in the Department
by this Act, or by other laws of this State, |
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1 | the Department shall carry out the
following activities:
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2 | (1) Design, coordinate and fund comprehensive
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3 | community-based and culturally and gender-appropriate | ||||||
4 | services
throughout the State. These services must include
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5 | prevention, early intervention, treatment, and other
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6 | recovery support services for substance use disorders that
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7 | are accessible and addresses the needs of at-risk
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8 | individuals and their families.
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9 | (2) Act as the exclusive State agency to accept, | ||||||
10 | receive and expend,
pursuant to appropriation, any public | ||||||
11 | or private monies, grants or services,
including those | ||||||
12 | received from the federal government or from other State
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13 | agencies, for the purpose of providing prevention, early
| ||||||
14 | intervention, treatment, and other recovery support
| ||||||
15 | services for substance use disorders.
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16 | (2.5) In partnership with the Department of Healthcare | ||||||
17 | and Family Services, act as one of the principal State | ||||||
18 | agencies for the sole purpose of calculating the | ||||||
19 | maintenance of effort requirement under Section 1930 of | ||||||
20 | Title XIX, Part B, Subpart II of the Public Health Service | ||||||
21 | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR | ||||||
22 | 96.134). | ||||||
23 | (3) Coordinate a statewide strategy for the
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24 | prevention, early intervention,
treatment, and recovery | ||||||
25 | support of substance use
disorders. This strategy shall | ||||||
26 | include the development of a
comprehensive plan, submitted |
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1 | annually with the
application for federal substance use | ||||||
2 | disorder block grant
funding, for the provision of an | ||||||
3 | array of such services. The plan shall be based on local | ||||||
4 | community-based needs and upon
data including, but not | ||||||
5 | limited to, that which defines the prevalence of and
costs | ||||||
6 | associated with substance use
disorders.
This | ||||||
7 | comprehensive plan shall include identification of | ||||||
8 | problems, needs,
priorities, services and other pertinent | ||||||
9 | information, including the needs of
minorities and other | ||||||
10 | specific priority populations in the State, and shall | ||||||
11 | describe how
the identified problems and needs will be | ||||||
12 | addressed. For purposes of this
paragraph, the term | ||||||
13 | "minorities and other specific priority populations" may | ||||||
14 | include,
but shall not be limited to, groups such as | ||||||
15 | women, children, intravenous drug
users, persons with AIDS | ||||||
16 | or who are HIV infected, veterans, African-Americans, | ||||||
17 | Puerto
Ricans, Hispanics, Asian Americans, Arabs, the | ||||||
18 | elderly, persons in the criminal
justice system, persons | ||||||
19 | who are clients of services provided by other State
| ||||||
20 | agencies, persons with disabilities and such other | ||||||
21 | specific populations as the
Department may from time to | ||||||
22 | time identify. In developing the plan, the
Department | ||||||
23 | shall seek input from providers, parent groups, | ||||||
24 | associations and
interested citizens.
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25 | The plan
developed under this Section shall include an | ||||||
26 | explanation of the rationale to
be used in ensuring that |
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1 | funding shall be based upon local community needs,
| ||||||
2 | including, but not limited to, the incidence and | ||||||
3 | prevalence of, and costs
associated with, substance use
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4 | disorders, as
well as upon demonstrated program | ||||||
5 | performance.
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6 | The plan developed under this Section shall
also | ||||||
7 | contain a report detailing the activities of and progress | ||||||
8 | made through services for the
care and treatment of | ||||||
9 | substance use disorders among
pregnant women and mothers | ||||||
10 | and their children established
under subsection (j) of | ||||||
11 | Section 35-5.
| ||||||
12 | As applicable, the plan developed under this Section
| ||||||
13 | shall also include information about funding by other | ||||||
14 | State
agencies for prevention, early intervention, | ||||||
15 | treatment,
and other recovery support services.
| ||||||
16 | (4) Lead, foster and develop cooperation, coordination | ||||||
17 | and agreements
among federal and State governmental | ||||||
18 | agencies and local providers that provide
assistance, | ||||||
19 | services, funding or other functions, peripheral or | ||||||
20 | direct, in the
prevention, early intervention, treatment,
| ||||||
21 | and recovery support for substance use disorders. This | ||||||
22 | shall include, but shall not be limited to,
the following:
| ||||||
23 | (A) Cooperate with and assist other State
| ||||||
24 | agencies, as applicable, in establishing and
| ||||||
25 | conducting substance use disorder services among the
| ||||||
26 | populations they respectively serve.
|
| |||||||
| |||||||
1 | (B) Cooperate with and assist the Illinois | ||||||
2 | Department of Public Health
in the establishment, | ||||||
3 | funding and support of programs and services for the
| ||||||
4 | promotion of maternal and child health and the | ||||||
5 | prevention and treatment of
infectious diseases, | ||||||
6 | including but not limited to HIV infection, especially
| ||||||
7 | with respect to those persons who are high risk due to
| ||||||
8 | intravenous injection of illegal drugs, or who may | ||||||
9 | have
been sexual partners of these individuals, or who | ||||||
10 | may
have impaired immune systems as a result of a
| ||||||
11 | substance use disorder.
| ||||||
12 | (C) Supply to the Department of Public Health and | ||||||
13 | prenatal care
providers a list of all providers who | ||||||
14 | are
licensed to provide substance use disorder | ||||||
15 | treatment
for pregnant women in this State.
| ||||||
16 | (D) Assist in the placement of child abuse or | ||||||
17 | neglect perpetrators
(identified by the Illinois | ||||||
18 | Department of Children and Family Services (DCFS)) who
| ||||||
19 | have been determined to be in need of substance use
| ||||||
20 | disorder treatment
pursuant to Section 8.2 of the | ||||||
21 | Abused and Neglected Child Reporting Act.
| ||||||
22 | (E) Cooperate with and assist DCFS in carrying out | ||||||
23 | its mandates to:
| ||||||
24 | (i) identify substance use disorders among its | ||||||
25 | clients and
their families; and
| ||||||
26 | (ii) develop services to deal with such |
| |||||||
| |||||||
1 | disorders.
| ||||||
2 | These services may include, but shall not be limited | ||||||
3 | to,
programs to prevent or treat substance
use | ||||||
4 | disorders with DCFS clients and their families,
| ||||||
5 | identifying child care needs within such treatment, | ||||||
6 | and assistance with other
issues as required.
| ||||||
7 | (F) Cooperate with and assist the Illinois | ||||||
8 | Criminal Justice Information
Authority with respect to | ||||||
9 | statistical and other information concerning the | ||||||
10 | incidence and prevalence of substance use
disorders.
| ||||||
11 | (G) Cooperate with and assist the State | ||||||
12 | Superintendent of Education,
boards of education, | ||||||
13 | schools, police departments, the Illinois State | ||||||
14 | Police, courts and other public and private agencies | ||||||
15 | and individuals in
establishing prevention programs | ||||||
16 | statewide and preparing curriculum materials
for use | ||||||
17 | at all levels of education.
| ||||||
18 | (H) Cooperate with and assist the Illinois | ||||||
19 | Department of Healthcare and Family Services in
the | ||||||
20 | development and provision of services offered to | ||||||
21 | recipients of public
assistance for the treatment and | ||||||
22 | prevention of substance use disorders.
| ||||||
23 | (I) (Blank).
| ||||||
24 | (5) From monies appropriated to the Department from | ||||||
25 | the Drunk and Drugged
Driving Prevention Fund, reimburse | ||||||
26 | DUI evaluation and risk
education programs licensed by the |
| |||||||
| |||||||
1 | Department for providing
indigent persons with free or | ||||||
2 | reduced-cost evaluation and risk education services | ||||||
3 | relating to a charge of
driving under the influence of | ||||||
4 | alcohol or other drugs.
| ||||||
5 | (6) Promulgate regulations to identify and disseminate | ||||||
6 | best practice guidelines that can be utilized by publicly
| ||||||
7 | and privately funded programs as well as for levels of | ||||||
8 | payment to government
funded programs that provide | ||||||
9 | prevention,
early intervention, treatment, and other | ||||||
10 | recovery support services for substance use disorders and | ||||||
11 | those services referenced in Sections 15-10
and 40-5.
| ||||||
12 | (7) In consultation with providers and
related trade | ||||||
13 | associations, specify a uniform
methodology for use by | ||||||
14 | funded providers and the
Department for billing
and | ||||||
15 | collection and dissemination of statistical information
| ||||||
16 | regarding services related to substance use
disorders.
| ||||||
17 | (8) Receive data and assistance from federal, State | ||||||
18 | and local governmental
agencies, and obtain copies of | ||||||
19 | identification and arrest data from all federal,
State and | ||||||
20 | local law enforcement agencies for use in carrying out the | ||||||
21 | purposes
and functions of the Department.
| ||||||
22 | (9) Designate and license providers to conduct | ||||||
23 | screening, assessment,
referral and tracking of clients | ||||||
24 | identified by the criminal justice system as
having | ||||||
25 | indications of substance use
disorders and being
eligible | ||||||
26 | to make an election for treatment under Section 40-5 of |
| |||||||
| |||||||
1 | this Act, and
assist in the placement of individuals who | ||||||
2 | are under court order to participate
in treatment.
| ||||||
3 | (10) Identify and disseminate evidence-based best | ||||||
4 | practice guidelines as maintained in administrative rule | ||||||
5 | that can be utilized to determine a substance use disorder | ||||||
6 | diagnosis.
| ||||||
7 | (11) (Blank).
| ||||||
8 | (12) Make grants with funds appropriated from the Drug | ||||||
9 | Treatment Fund in
accordance with Section 7 of the | ||||||
10 | Controlled Substance and Cannabis Nuisance
Act, or in | ||||||
11 | accordance with Section 80 of the Methamphetamine Control | ||||||
12 | and Community Protection Act, or in accordance with | ||||||
13 | subsections (h) and (i) of Section 411.2 of the
Illinois | ||||||
14 | Controlled Substances Act, or in accordance with Section | ||||||
15 | 6z-107 of the State Finance Act.
| ||||||
16 | (13) Encourage all health and disability insurance | ||||||
17 | programs to include
substance use disorder
treatment as a | ||||||
18 | covered service and to use evidence-based best practice | ||||||
19 | criteria as maintained in administrative rule and as | ||||||
20 | required in Public Act 99-0480 in determining the | ||||||
21 | necessity for such services and continued stay.
| ||||||
22 | (14) Award grants and enter into fixed-rate and | ||||||
23 | fee-for-service arrangements
with any other department, | ||||||
24 | authority or commission of this State, or any other
state | ||||||
25 | or the federal government or with any public or private | ||||||
26 | agency, including
the disbursement of funds and furnishing |
| |||||||
| |||||||
1 | of staff, to effectuate the purposes
of this Act.
| ||||||
2 | (15) Conduct a public information campaign to inform | ||||||
3 | the State's
Hispanic residents regarding the prevention | ||||||
4 | and treatment of substance use disorders.
| ||||||
5 | (b) In addition to the powers, duties and functions vested | ||||||
6 | in it by this
Act, or by other laws of this State, the | ||||||
7 | Department may undertake, but shall
not be limited to, the | ||||||
8 | following activities:
| ||||||
9 | (1) Require all organizations licensed or funded by | ||||||
10 | the Department to include an education
component to inform | ||||||
11 | participants regarding the causes and means of | ||||||
12 | transmission
and methods of reducing the risk of acquiring | ||||||
13 | or transmitting HIV infection and other infectious
| ||||||
14 | diseases,
and to include funding for such education | ||||||
15 | component in its support of the
program.
| ||||||
16 | (2) Review all State agency applications for federal | ||||||
17 | funds that include
provisions relating to the prevention, | ||||||
18 | early intervention and treatment of
substance use
| ||||||
19 | disorders in order to ensure consistency.
| ||||||
20 | (3) Prepare, publish, evaluate, disseminate and serve | ||||||
21 | as a central
repository for educational materials dealing | ||||||
22 | with the nature and effects of
substance use disorders. | ||||||
23 | Such materials may deal with
the educational needs of the | ||||||
24 | citizens of Illinois, and may include at least
pamphlets | ||||||
25 | that describe the causes and effects of fetal alcohol
| ||||||
26 | spectrum disorders.
|
| |||||||
| |||||||
1 | (4) Develop and coordinate, with regional and local | ||||||
2 | agencies, education
and training programs for persons | ||||||
3 | engaged in providing services
for persons with
substance | ||||||
4 | use disorders,
which programs may include specific HIV | ||||||
5 | education and training for program
personnel.
| ||||||
6 | (5) Cooperate with and assist in the development of | ||||||
7 | education, prevention, early intervention,
and treatment | ||||||
8 | programs for employees of State and local governments and
| ||||||
9 | businesses in the State.
| ||||||
10 | (6) Utilize the support and assistance of interested | ||||||
11 | persons in the
community, including recovering persons, to | ||||||
12 | assist individuals
and communities in understanding the | ||||||
13 | dynamics of substance use
disorders, and to encourage
| ||||||
14 | individuals with substance use disorders to
voluntarily | ||||||
15 | undergo treatment.
| ||||||
16 | (7) Promote, conduct, assist or sponsor basic | ||||||
17 | clinical, epidemiological
and statistical research into | ||||||
18 | substance use disorders
and research into the prevention | ||||||
19 | of those problems either solely or in
conjunction with any | ||||||
20 | public or private agency.
| ||||||
21 | (8) Cooperate with public and private agencies, | ||||||
22 | organizations and
individuals in the development of | ||||||
23 | programs, and to provide technical assistance
and | ||||||
24 | consultation services for this purpose.
| ||||||
25 | (9) (Blank).
| ||||||
26 | (10) (Blank).
|
| |||||||
| |||||||
1 | (11) Fund, promote, or assist entities dealing with
| ||||||
2 | substance use disorders.
| ||||||
3 | (12) With monies appropriated from the Group Home Loan | ||||||
4 | Revolving Fund,
make loans, directly or through | ||||||
5 | subcontract, to assist in underwriting the
costs of | ||||||
6 | housing in which individuals recovering from substance use
| ||||||
7 | disorders may reside, pursuant
to Section 50-40 of this | ||||||
8 | Act.
| ||||||
9 | (13) Promulgate such regulations as may be necessary | ||||||
10 | to carry out the purposes and enforce the
provisions of | ||||||
11 | this Act.
| ||||||
12 | (14) Provide funding to help parents be effective in | ||||||
13 | preventing
substance use disorders by building an | ||||||
14 | awareness of the family's
role in preventing substance use | ||||||
15 | disorders through adjusting expectations, developing new | ||||||
16 | skills,
and setting positive family goals. The programs | ||||||
17 | shall include, but not be
limited to, the following | ||||||
18 | subjects: healthy family communication; establishing
rules | ||||||
19 | and limits; how to reduce family conflict; how to build | ||||||
20 | self-esteem,
competency, and responsibility in children; | ||||||
21 | how to improve motivation and
achievement; effective | ||||||
22 | discipline; problem solving techniques; and how to talk
| ||||||
23 | about drugs and alcohol. The programs shall be open to all | ||||||
24 | parents.
| ||||||
25 | (Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
|
| |||||||
| |||||||
1 | Section 30. The Brownfields Redevelopment and Intermodal | ||||||
2 | Promotion Act is amended by changing Section 3-10 as follows:
| ||||||
3 | (20 ILCS 607/3-10)
| ||||||
4 | Sec. 3-10. Definitions. As used in this Act: | ||||||
5 | "Affected Municipality" means a municipality whose | ||||||
6 | boundaries are partially or completely within the Brownfields | ||||||
7 | Redevelopment Zone and where an Eligible Project will take | ||||||
8 | place. | ||||||
9 | "Developer Agreement" means the agreement between an | ||||||
10 | eligible developer or eligible employer and the Department | ||||||
11 | under this Act. | ||||||
12 | "Brownfield" means real property, the expansion, | ||||||
13 | redevelopment, or reuse of which may be complicated by the | ||||||
14 | presence or potential presence of a hazardous substance, | ||||||
15 | pollutant, or contaminant; for the purposes of this Act, a | ||||||
16 | property will be considered a brownfield if a prospective | ||||||
17 | purchaser seeking financing from a private financial | ||||||
18 | institution is required by that institution to conduct a Phase | ||||||
19 | I Environmental Site Assessment (ESA), as defined by ASTM | ||||||
20 | Standard E-1527-05 ("Standard Practice for Environmental Site | ||||||
21 | Assessments: Phase I Environmental Site Assessment Process"). | ||||||
22 | "Department" means the Department of Commerce and Economic | ||||||
23 | Opportunity. | ||||||
24 | "Director" means the Director of the Department of | ||||||
25 | Commerce and Economic Opportunity. |
| |||||||
| |||||||
1 | "Eligible Developer" means an individual, partnership, | ||||||
2 | corporation, or other entity, currently and actively engaged | ||||||
3 | in the development of logistics, warehousing, distribution, or | ||||||
4 | light manufacturing facilities in North America, including the | ||||||
5 | Managing Partner of the South Suburban Brownfields | ||||||
6 | Redevelopment Zone, that owns, options, or otherwise directly | ||||||
7 | controls a parcel of land that is included in a South Suburban | ||||||
8 | Brownfields Redevelopment Zone Project. | ||||||
9 | "Eligible employer" means an individual, partnership, | ||||||
10 | corporation, or other entity that employs or will employ | ||||||
11 | full-time employees at finished facilities on property that is | ||||||
12 | within the South Suburban Brownfields Redevelopment Zone. | ||||||
13 | "Employment goal" means the goal of achieving a minimum | ||||||
14 | percentage of labor hours to be performed by employees who are | ||||||
15 | a member of a minority group and who reside in one of the | ||||||
16 | municipalities containing property that is part of the South | ||||||
17 | Suburban Brownfields Redevelopment Zone. | ||||||
18 | "Full-time employee" means an individual who is employed | ||||||
19 | for consideration for at least 35 hours each week or who | ||||||
20 | renders any other standard of service generally accepted by | ||||||
21 | industry custom or practice as full-time employment. An | ||||||
22 | individual for whom a W-2 is issued by a Professional Employer | ||||||
23 | Organization is a full-time employee if employed in the | ||||||
24 | service of the eligible employer for consideration for at | ||||||
25 | least 35 hours each week or who renders any other standard of | ||||||
26 | service generally accepted by industry custom or practice as |
| |||||||
| |||||||
1 | full-time employment. | ||||||
2 | "Eligible Project" means those projects described in | ||||||
3 | Section 3-35 of this Act. | ||||||
4 | "Incremental income tax" means the total amount withheld | ||||||
5 | from the compensation of new employees under Article 7 of the | ||||||
6 | Illinois Income Tax Act arising from employment by an eligible | ||||||
7 | employer. | ||||||
8 | "Infrastructure" means roads and streets, bridges, | ||||||
9 | sidewalks, street lights, water and sewer line extensions or | ||||||
10 | improvements, storm water drainage and retention facilities, | ||||||
11 | gas and electric utility line extensions or improvements, and | ||||||
12 | rail improvements including signalization and siding | ||||||
13 | construction or repair, on publicly owned land or other public | ||||||
14 | improvements that are essential to the development of a | ||||||
15 | Redevelopment Zone Project. | ||||||
16 | "Intermodal" means a type of international freight system | ||||||
17 | that permits transshipping among sea, highway, rail and air | ||||||
18 | modes of transportation through use of ANSI/International | ||||||
19 | Organization for Standardization containers, line haul assets, | ||||||
20 | and handling equipment. | ||||||
21 | "Intermodal terminal" means an integrated facility where | ||||||
22 | trailers and containers are transferred between intermodal | ||||||
23 | railcars and highway carriers, including domestic and | ||||||
24 | international container shipments; or an integrated facility | ||||||
25 | where dry or liquid bulk and packaged commodities are | ||||||
26 | transferred between conventional railroad freight cars and |
| |||||||
| |||||||
1 | highway carriers. | ||||||
2 | "Managing Partner" means a representative of Cook County | ||||||
3 | appointed by the President of the Board of Commissioners of | ||||||
4 | Cook County or a duly created instrumentality of the County | ||||||
5 | which enters into an agreement with the Department as | ||||||
6 | described in subsection (c) of Section 3-30 of this Act | ||||||
7 | regarding the overall management and use of Increment Funds | ||||||
8 | and which is authorized by the County to undertake, or to enter | ||||||
9 | into Development agreements with third parties to undertake, | ||||||
10 | activities necessary for the redevelopment of parcels | ||||||
11 | designated under this Act as part of a South Suburban | ||||||
12 | Brownfields Redevelopment Zone. For the purposes of this | ||||||
13 | definition, a "duly created instrumentality of the county" is | ||||||
14 | a company that: | ||||||
15 | (1) is licensed to conduct business in the State of | ||||||
16 | Illinois; | ||||||
17 | (2) has (i) executed industrial developments of the | ||||||
18 | type described as "eligible projects" in Section 3-35 and | ||||||
19 | duly met all of its financial obligations entailed in | ||||||
20 | those projects and (ii) managed each of the types of tasks | ||||||
21 | described in Section 3-45 of this Act as "eligible | ||||||
22 | activities", performing those activities with results that | ||||||
23 | met or exceeded the objectives of the project, or | ||||||
24 | otherwise possesses the business experience described in | ||||||
25 | this item (2); | ||||||
26 | (3) is selected through a competitive Request for |
| |||||||
| |||||||
1 | Proposals process conducted according to rules and | ||||||
2 | standards generally applicable to the selection of | ||||||
3 | professional service contractors by the government of Cook | ||||||
4 | County. | ||||||
5 | "Minority" means a person who is a citizen or lawful | ||||||
6 | permanent resident of the United States and who is: | ||||||
7 | (i) African American, meaning a person whose origins | ||||||
8 | are in any of the Black racial groups of Africa, and who | ||||||
9 | has historically and consistently identified himself or | ||||||
10 | herself as being such a person; | ||||||
11 | (ii) Hispanic American or Latino American, meaning a | ||||||
12 | person whose origins are in Mexico, Central or South | ||||||
13 | America, or any of the Spanish speaking islands of the | ||||||
14 | Caribbean (for example Cuba and Puerto Rico), regardless | ||||||
15 | of race, and who has historically and consistently | ||||||
16 | identified himself or herself as being such a person;
| ||||||
17 | (iii) Asian or Pacific Islander American, meaning a | ||||||
18 | person whose origins are in any of the original peoples of | ||||||
19 | the Far East, Southeast Asia, the islands of the Pacific | ||||||
20 | or the Northern Marianas, or the Indian Subcontinent, and | ||||||
21 | who has historically and consistently identified himself | ||||||
22 | or herself as being such a person; or | ||||||
23 | (iv) Native American, meaning a person having origins | ||||||
24 | in any of the original peoples of North America, and who | ||||||
25 | maintain tribal affiliation or demonstrate at least | ||||||
26 | one-quarter descent from such groups, and who has |
| |||||||
| |||||||
1 | historically and consistently identified himself or | ||||||
2 | herself as being such a person ; or .
| ||||||
3 | (v) Arab, meaning a person having origins in any of | ||||||
4 | the original peoples of Saudi Arabia, United Arab | ||||||
5 | Emirates, Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, | ||||||
6 | Libya, Mauritania, Morocco, Djibouti, Somalia, Palestine, | ||||||
7 | Oman, Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or | ||||||
8 | Algeria, and who has historically and consistently | ||||||
9 | identified himself or herself as being such a person. | ||||||
10 | "New employee" means a full-time employee first employed | ||||||
11 | by an eligible employer for a project that is the subject of an | ||||||
12 | agreement between the Managing Partner and an eligible | ||||||
13 | developer or eligible employer and who is hired after the | ||||||
14 | eligible developer enters into the agreement, but does not | ||||||
15 | include: | ||||||
16 | (1) an employee of the eligible employer who performs | ||||||
17 | a job that (i) existed for at least 6 months before the | ||||||
18 | employee was hired and (ii) was previously performed by | ||||||
19 | another employee; | ||||||
20 | (2) an employee of the eligible employer who was | ||||||
21 | previously employed in Illinois by a related member of the | ||||||
22 | eligible employer and whose employment was shifted to the | ||||||
23 | eligible employer after the eligible employer entered into | ||||||
24 | the agreement; or
| ||||||
25 | (3) a child, grandchild, parent, or spouse, other than | ||||||
26 | a spouse who is legally separated from the individual, of |
| |||||||
| |||||||
1 | any individual who has a direct or an indirect ownership | ||||||
2 | interest of at least 5% in the profits, capital, or value | ||||||
3 | of the eligible employer. | ||||||
4 | Notwithstanding item (2) of this definition, an employee | ||||||
5 | may be considered a new employee under the agreement if the | ||||||
6 | employee performs a job that was previously performed by an | ||||||
7 | employee who was: (i) treated under the agreement as a new | ||||||
8 | employee and (ii) promoted by the eligible employer to another | ||||||
9 | job. | ||||||
10 | "Professional Employer Organization" means an employee | ||||||
11 | leasing company, as defined in Section 206.1(A)(2) of the | ||||||
12 | Unemployment Insurance Act. | ||||||
13 | "Related member" means a person or entity that, with | ||||||
14 | respect to the eligible employer during any portion of the | ||||||
15 | taxable year, is any one of the following: | ||||||
16 | (1) an individual stockholder, if the stockholder and | ||||||
17 | the members of the stockholder's family (as defined in | ||||||
18 | Section 318 of the Internal Revenue Code) own directly, | ||||||
19 | indirectly, beneficially, or constructively, in the | ||||||
20 | aggregate, at least 50% of the value of the eligible | ||||||
21 | employer's outstanding stock; | ||||||
22 | (2) a partnership, estate, or trust and any partner or | ||||||
23 | beneficiary, if the partnership, estate, or trust, and its | ||||||
24 | partners or beneficiaries own directly, indirectly, | ||||||
25 | beneficially, or constructively, in the aggregate, at | ||||||
26 | least 50% of the profits, capital, stock, or value of the |
| |||||||
| |||||||
1 | eligible employer; | ||||||
2 | (3) a corporation, and any party related to the | ||||||
3 | corporation in a manner that would require an attribution | ||||||
4 | of stock from the corporation to the party or from the | ||||||
5 | party to the corporation under the attribution rules of | ||||||
6 | Section 318 of the Internal Revenue Code, if the taxpayer | ||||||
7 | owns directly, indirectly, beneficially, or constructively | ||||||
8 | at least 50% of the value of the corporation's outstanding | ||||||
9 | stock; | ||||||
10 | (4) a corporation and any party related to that | ||||||
11 | corporation in a manner that would require an attribution | ||||||
12 | of stock from the corporation to the party or from the | ||||||
13 | party to the corporation under the attribution rules of | ||||||
14 | Section 318 of the Internal Revenue Code, if the | ||||||
15 | corporation and all such related parties own in the | ||||||
16 | aggregate at least 50% of the profits, capital, stock, or | ||||||
17 | value of the eligible employer; or | ||||||
18 | (5) a person to or from whom there is attribution of | ||||||
19 | stock ownership in accordance with Section 1563(e) of the | ||||||
20 | Internal Revenue Code, except, for purposes of determining | ||||||
21 | whether a person is a related member under this | ||||||
22 | definition, 20% shall be substituted for 5% wherever 5% | ||||||
23 | appears in Section 1563(e) of the Internal Revenue Code.
| ||||||
24 | "South Suburban Brownfields Advisory Council" or "Advisory | ||||||
25 | Council" means a body comprised of representatives of Affected | ||||||
26 | Municipalities, along with experts appointed by the President |
| |||||||
| |||||||
1 | of the Cook County Board of Commissioners and the Governor of | ||||||
2 | Illinois, created to guide development within the South | ||||||
3 | Suburban Brownfields Redevelopment Zone. | ||||||
4 | "South Suburban Brownfields Redevelopment Zone Project" or | ||||||
5 | "Project" means an Eligible Project, as described in Section | ||||||
6 | 3-35, to coordinate the redevelopment and re-use of industrial | ||||||
7 | sites within the South Suburban Brownfields Redevelopment Zone | ||||||
8 | in southern Cook County. | ||||||
9 | "South Suburban Brownfields Redevelopment Zone", | ||||||
10 | "Brownfields Redevelopment Zone" or "Zone" means the area | ||||||
11 | fully encompassing all properties, acreage, and structures, | ||||||
12 | including sites that conform to the Environmental Protection | ||||||
13 | Agency definition of Brownfield Industrial Sites, that are | ||||||
14 | zoned for industrial uses by the applicable local zoning | ||||||
15 | agency and which are located within the following South | ||||||
16 | Suburban Cook County municipalities that surround the Canadian | ||||||
17 | National and Union Pacific intermodal freight terminals in | ||||||
18 | Harvey and Dolton, Illinois respectively: Dixmoor, Dolton, | ||||||
19 | East Hazelcrest, Harvey, Hazelcrest, Homewood, Markham, | ||||||
20 | Phoenix, Posen, Riverdale, South Holland and Thornton. The | ||||||
21 | South Suburban Brownfields Advisory Council shall advise the | ||||||
22 | Managing Partner in regard to the selection of Projects. The | ||||||
23 | composition of the Advisory Council is determined as set forth | ||||||
24 | in subsection (a) of Section 3-30 of this Act.
| ||||||
25 | (Source: P.A. 98-109, eff. 7-25-13.)
|
| |||||||
| |||||||
1 | Section 35. The Department of Human Services Act is | ||||||
2 | amended by changing Section 1-70 as follows:
| ||||||
3 | (20 ILCS 1305/1-70) | ||||||
4 | Sec. 1-70. Uniform demographic data collection. | ||||||
5 | (a) The Department shall collect and publicly report | ||||||
6 | statistical data on the racial and ethnic demographics of | ||||||
7 | program participants for each program administered by the | ||||||
8 | Department. Except as provided in subsection (b), when | ||||||
9 | collecting the data required under this Section, the | ||||||
10 | Department shall use the same racial and ethnic | ||||||
11 | classifications for each program, which shall include, but not | ||||||
12 | be limited to, the following: | ||||||
13 | (1) American Indian and Alaska Native alone. | ||||||
14 | (2) Asian alone. | ||||||
15 | (3) Black or African American alone. | ||||||
16 | (4) Hispanic or Latino of any race. | ||||||
17 | (5) Native Hawaiian and Other Pacific Islander alone. | ||||||
18 | (5.5) Arab alone. | ||||||
19 | (6) White alone. | ||||||
20 | (7) Some other race alone. | ||||||
21 | (8) Two or more races. | ||||||
22 | The Department may further define, by rule, the racial and | ||||||
23 | ethnic classifications provided in this Section. | ||||||
24 | (b) If a program administered by the Department is subject | ||||||
25 | to federal reporting requirements that include the collection |
| |||||||
| |||||||
1 | and public reporting of statistical data on the racial and | ||||||
2 | ethnic demographics of program participants, the Department | ||||||
3 | may maintain the same racial and ethnic classifications used | ||||||
4 | under the federal requirements if such classifications differ | ||||||
5 | from the classifications listed in subsection (a). | ||||||
6 | (c) The Department shall make all demographic information | ||||||
7 | collected under this Section available to the public which at | ||||||
8 | a minimum shall include posting the information for each | ||||||
9 | program in a timely manner on the Department's official | ||||||
10 | website. If the Department already has a mechanism or process | ||||||
11 | in place to report information about program participation for | ||||||
12 | any program administered by the Department, then the | ||||||
13 | Department shall use that mechanism or process to include the | ||||||
14 | demographic information collected under this Section. If the | ||||||
15 | Department does not have a mechanism or process in place to | ||||||
16 | report information about program participation for any program | ||||||
17 | administered by the Department, then the Department shall | ||||||
18 | create a mechanism or process to disseminate the demographic | ||||||
19 | information collected under this Section.
| ||||||
20 | (Source: P.A. 100-275, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||||||
21 | Section 40. The Department of Public Health Powers and | ||||||
22 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
23 | amended by changing Section 2310-215 as follows:
| ||||||
24 | (20 ILCS 2310/2310-215) (was 20 ILCS 2310/55.62)
|
| |||||||
| |||||||
1 | Sec. 2310-215. Center for Minority Health Services.
| ||||||
2 | (a) The Department shall establish a Center for Minority | ||||||
3 | Health
Services to advise the Department on matters pertaining | ||||||
4 | to the health needs
of minority populations within the State.
| ||||||
5 | (b) The Center shall have the following duties:
| ||||||
6 | (1) To assist in the assessment of the health needs of | ||||||
7 | minority
populations in the State.
| ||||||
8 | (2) To recommend treatment methods and programs that | ||||||
9 | are sensitive and
relevant to the unique linguistic, | ||||||
10 | cultural, and ethnic characteristics of
minority | ||||||
11 | populations.
| ||||||
12 | (3) To provide consultation, technical assistance, | ||||||
13 | training programs, and
reference materials to service | ||||||
14 | providers, organizations, and other
agencies.
| ||||||
15 | (4) To promote awareness of minority health concerns, | ||||||
16 | and
encourage, promote, and aid in the establishment of | ||||||
17 | minority services.
| ||||||
18 | (5) To disseminate information on available minority | ||||||
19 | services.
| ||||||
20 | (6) To provide adequate and effective opportunities | ||||||
21 | for minority
populations to express their views on | ||||||
22 | Departmental policy development and
program | ||||||
23 | implementation.
| ||||||
24 | (7) To coordinate with the Department on Aging and the | ||||||
25 | Department of Healthcare and Family Services to coordinate | ||||||
26 | services designed to meet the needs of minority senior
|
| |||||||
| |||||||
1 | citizens.
| ||||||
2 | (8) To promote awareness of the incidence of | ||||||
3 | Alzheimer's disease and related dementias among minority | ||||||
4 | populations and to encourage, promote, and aid in the | ||||||
5 | establishment of prevention and treatment programs and | ||||||
6 | services relating to this health problem.
| ||||||
7 | (c) For the purpose of this Section, "minority" shall mean | ||||||
8 | and include
any person or group of persons who are any of the | ||||||
9 | following:
| ||||||
10 | (1) American Indian or Alaska Native (a person having | ||||||
11 | origins in any of the original peoples of North and South | ||||||
12 | America, including Central America, and who maintains | ||||||
13 | tribal affiliation or community attachment). | ||||||
14 | (2) Asian (a person having origins in any of the | ||||||
15 | original peoples of the Far East, Southeast Asia, or the | ||||||
16 | Indian subcontinent, including, but not limited to, | ||||||
17 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
18 | the Philippine Islands, Thailand, and Vietnam). | ||||||
19 | (3) Black or African American (a person having origins | ||||||
20 | in any of the black racial groups of Africa). | ||||||
21 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
22 | Puerto Rican, South or Central American, or other Spanish | ||||||
23 | culture or origin, regardless of race). | ||||||
24 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
25 | person having origins in any of the original peoples of | ||||||
26 | Hawaii, Guam, Samoa, or other Pacific Islands). |
| |||||||
| |||||||
1 | (6) Arab (a person having origins in any of the | ||||||
2 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
3 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
4 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
5 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria).
| ||||||
6 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
7 | Section 45. The Criminal Identification Act is amended by | ||||||
8 | changing Section 4.5 as follows:
| ||||||
9 | (20 ILCS 2630/4.5) | ||||||
10 | Sec. 4.5. Ethnic and racial data collection. | ||||||
11 | (a) Ethnic and racial data for every adult or juvenile | ||||||
12 | arrested shall be collected at the following points of contact | ||||||
13 | by the entity identified in this subsection or another entity | ||||||
14 | authorized and qualified to collect and report on this data: | ||||||
15 | (1) at arrest or booking, by the supervising law | ||||||
16 | enforcement agency; | ||||||
17 | (2) upon admittance to the Department of Corrections, | ||||||
18 | by the Department of Corrections; | ||||||
19 | (3) upon admittance to the Department of Juvenile | ||||||
20 | Justice, by the Department of Juvenile Justice; and | ||||||
21 | (4) upon transfer from the Department of Juvenile | ||||||
22 | Justice to the Department of Corrections, by the | ||||||
23 | Department of Juvenile Justice. | ||||||
24 | (b) Ethnic and racial data shall be collected through |
| |||||||
| |||||||
1 | selection of one of the following categories: | ||||||
2 | (1) American Indian or Alaskan Native; | ||||||
3 | (2) Asian or Pacific Islander; | ||||||
4 | (3) Black or African American; | ||||||
5 | (4) White or Caucasian; | ||||||
6 | (5) Hispanic or Latino; or | ||||||
7 | (5.5) Arab; or | ||||||
8 | (6) Unknown. | ||||||
9 | (c) The collecting entity shall make a good-faith effort | ||||||
10 | to collect race and ethnicity information as self-reported by | ||||||
11 | the adult or juvenile. If the adult or juvenile is unable or | ||||||
12 | unwilling to provide race and ethnicity information, the | ||||||
13 | collecting entity shall make a good-faith effort to deduce the | ||||||
14 | race and ethnicity of the adult or juvenile.
| ||||||
15 | (Source: P.A. 98-528, eff. 1-1-15; 99-78, eff. 7-20-15.)
| ||||||
16 | Section 50. The Business Enterprise for Minorities, Women, | ||||||
17 | and Persons with
Disabilities Act is amended by changing | ||||||
18 | Section 2 as follows:
| ||||||
19 | (30 ILCS 575/2)
| ||||||
20 | (Section scheduled to be repealed on June 30, 2024) | ||||||
21 | Sec. 2. Definitions.
| ||||||
22 | (A) For the purpose of this Act, the following
terms shall | ||||||
23 | have the following definitions:
| ||||||
24 | (1) "Minority person" shall mean a person who is a |
| |||||||
| |||||||
1 | citizen or lawful
permanent resident of the United States | ||||||
2 | and who is any of the following:
| ||||||
3 | (a) American Indian or Alaska Native (a person | ||||||
4 | having origins in any of the original peoples of North | ||||||
5 | and South America, including Central America, and who | ||||||
6 | maintains tribal affiliation or community attachment). | ||||||
7 | (b) Asian (a person having origins in any of the | ||||||
8 | original peoples of the Far East, Southeast Asia, or | ||||||
9 | the Indian subcontinent, including, but not limited | ||||||
10 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
11 | Pakistan, the Philippine Islands, Thailand, and | ||||||
12 | Vietnam). | ||||||
13 | (c) Black or African American (a person having | ||||||
14 | origins in any of the black racial groups of Africa). | ||||||
15 | (d) Hispanic or Latino (a person of Cuban, | ||||||
16 | Mexican, Puerto Rican, South or Central American, or | ||||||
17 | other Spanish culture or origin, regardless of race). | ||||||
18 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
19 | person having origins in any of the original peoples | ||||||
20 | of Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
21 | (f) Arab (a person having origins in any of the | ||||||
22 | original peoples of Saudi Arabia, United Arab | ||||||
23 | Emirates, Iraq, Bahrain, Jordan, Comoros, Kuwait, | ||||||
24 | Lebanon, Libya, Mauritania, Morocco, Djibouti, | ||||||
25 | Somalia, Palestine, Oman, Syria, Yemen, Qatar, Sudan, | ||||||
26 | Tunisia, Egypt, or Algeria).
|
| |||||||
| |||||||
1 | | ||||||
2 | (2) "Woman" shall mean a person who is a citizen or | ||||||
3 | lawful permanent
resident of the United States and who is | ||||||
4 | of the female gender.
| ||||||
5 | (2.05) "Person with a disability" means a person who | ||||||
6 | is a citizen or
lawful resident of the United States and is | ||||||
7 | a person qualifying as a person with a disability under | ||||||
8 | subdivision (2.1) of this subsection (A).
| ||||||
9 | (2.1) "Person with a disability" means a person with a | ||||||
10 | severe physical or mental disability that:
| ||||||
11 | (a) results from:
| ||||||
12 | amputation,
| ||||||
13 | arthritis,
| ||||||
14 | autism,
| ||||||
15 | blindness,
| ||||||
16 | burn injury,
| ||||||
17 | cancer,
| ||||||
18 | cerebral palsy,
| ||||||
19 | Crohn's disease, | ||||||
20 | cystic fibrosis,
| ||||||
21 | deafness,
| ||||||
22 | head injury,
| ||||||
23 | heart disease,
| ||||||
24 | hemiplegia,
| ||||||
25 | hemophilia,
| ||||||
26 | respiratory or pulmonary dysfunction,
|
| |||||||
| |||||||
1 | an intellectual disability,
| ||||||
2 | mental illness,
| ||||||
3 | multiple sclerosis,
| ||||||
4 | muscular dystrophy,
| ||||||
5 | musculoskeletal disorders,
| ||||||
6 | neurological disorders, including stroke and | ||||||
7 | epilepsy,
| ||||||
8 | paraplegia,
| ||||||
9 | quadriplegia and other spinal cord conditions,
| ||||||
10 | sickle cell anemia,
| ||||||
11 | ulcerative colitis, | ||||||
12 | specific learning disabilities, or
| ||||||
13 | end stage renal failure disease; and
| ||||||
14 | (b) substantially limits one or more of the | ||||||
15 | person's major life activities.
| ||||||
16 | Another disability or combination of disabilities may | ||||||
17 | also be considered
as a severe disability for the purposes | ||||||
18 | of item (a) of this
subdivision (2.1) if it is determined | ||||||
19 | by an evaluation of
rehabilitation potential to
cause a | ||||||
20 | comparable degree of substantial functional limitation | ||||||
21 | similar to
the specific list of disabilities listed in | ||||||
22 | item (a) of this
subdivision (2.1).
| ||||||
23 | (3) "Minority-owned business" means a business which | ||||||
24 | is at least
51% owned by one or more minority persons, or | ||||||
25 | in the case of a
corporation, at least 51% of the stock in | ||||||
26 | which is owned by one or
more minority persons; and the |
| |||||||
| |||||||
1 | management and daily business operations of
which are | ||||||
2 | controlled by one or more of the minority individuals who | ||||||
3 | own it.
| ||||||
4 | (4) "Women-owned business" means a business which is | ||||||
5 | at least
51% owned by one or more women, or, in the case of | ||||||
6 | a corporation, at
least 51% of the stock in which is owned | ||||||
7 | by one or more women; and the
management and daily | ||||||
8 | business operations of which are controlled by one or
more | ||||||
9 | of the women who own it.
| ||||||
10 | (4.1) "Business owned by a person with a disability" | ||||||
11 | means a business
that is at least 51% owned by one or more | ||||||
12 | persons with a disability
and the management and daily | ||||||
13 | business operations of which
are controlled by one or more | ||||||
14 | of the persons with disabilities who own it. A
| ||||||
15 | not-for-profit agency for persons with disabilities that | ||||||
16 | is exempt from
taxation under Section 501 of the Internal | ||||||
17 | Revenue Code of 1986 is also
considered a "business owned | ||||||
18 | by a person with a disability".
| ||||||
19 | (4.2) "Council" means the Business Enterprise Council | ||||||
20 | for Minorities, Women, and Persons with Disabilities | ||||||
21 | created under Section 5 of this Act.
| ||||||
22 | (4.3) "Commission" means, unless the context clearly | ||||||
23 | indicates otherwise, the Commission on Equity and | ||||||
24 | Inclusion created under the Commission on Equity and | ||||||
25 | Inclusion Act. | ||||||
26 | (5) "State contracts" means all contracts entered into |
| |||||||
| |||||||
1 | by the State, any agency or department thereof, or any | ||||||
2 | public institution of higher education, including | ||||||
3 | community college districts, regardless of the source of | ||||||
4 | the funds with which the contracts are paid, which are not | ||||||
5 | subject to federal reimbursement. "State contracts" does | ||||||
6 | not include contracts awarded by a retirement system, | ||||||
7 | pension fund, or investment board subject to Section | ||||||
8 | 1-109.1 of the Illinois Pension Code. This definition | ||||||
9 | shall control over any existing definition under this Act | ||||||
10 | or applicable administrative rule.
| ||||||
11 | "State construction contracts" means all State | ||||||
12 | contracts entered
into by a State agency or public | ||||||
13 | institution of higher education for the repair, | ||||||
14 | remodeling,
renovation or
construction of a building or | ||||||
15 | structure, or for the construction or
maintenance of a | ||||||
16 | highway defined in Article 2 of the Illinois Highway
Code.
| ||||||
17 | (6) "State agencies" shall mean all departments, | ||||||
18 | officers, boards,
commissions, institutions and bodies | ||||||
19 | politic and corporate of the State,
but does not include | ||||||
20 | the Board of Trustees of the University of Illinois,
the | ||||||
21 | Board of Trustees of Southern Illinois University,
the | ||||||
22 | Board of Trustees
of Chicago State University, the Board | ||||||
23 | of Trustees of Eastern Illinois
University, the Board of | ||||||
24 | Trustees of Governors State University, the Board of
| ||||||
25 | Trustees of Illinois State University, the Board of | ||||||
26 | Trustees of Northeastern
Illinois
University, the Board of |
| |||||||
| |||||||
1 | Trustees of Northern Illinois University, the Board of
| ||||||
2 | Trustees of Western Illinois University,
municipalities or | ||||||
3 | other local governmental units, or other State | ||||||
4 | constitutional
officers.
| ||||||
5 | (7) "Public institutions of higher education" means | ||||||
6 | the University of Illinois, Southern Illinois University, | ||||||
7 | Chicago State University, Eastern Illinois University, | ||||||
8 | Governors State University, Illinois State University, | ||||||
9 | Northeastern Illinois University, Northern Illinois | ||||||
10 | University, Western Illinois University, the public | ||||||
11 | community colleges of the State, and any other public | ||||||
12 | universities, colleges, and community colleges now or | ||||||
13 | hereafter established or authorized by the General | ||||||
14 | Assembly.
| ||||||
15 | (8) "Certification" means a determination made by the | ||||||
16 | Council
or by one delegated authority from the Council to | ||||||
17 | make certifications, or by
a State agency with statutory | ||||||
18 | authority to make such a certification, that a
business | ||||||
19 | entity is a business owned by a
minority, woman, or person | ||||||
20 | with a disability for whatever
purpose. A business owned | ||||||
21 | and controlled by women shall be certified as a | ||||||
22 | "woman-owned business". A business owned and controlled by | ||||||
23 | women who are also minorities shall be certified as both a | ||||||
24 | "women-owned business" and a "minority-owned business".
| ||||||
25 | (9) "Control" means the exclusive or ultimate and sole | ||||||
26 | control of the
business including, but not limited to, |
| |||||||
| |||||||
1 | capital investment and all other
financial matters, | ||||||
2 | property, acquisitions, contract negotiations, legal
| ||||||
3 | matters, officer-director-employee selection and | ||||||
4 | comprehensive hiring,
operating responsibilities, | ||||||
5 | cost-control matters, income and dividend
matters, | ||||||
6 | financial transactions and rights of other shareholders or | ||||||
7 | joint
partners. Control shall be real, substantial and | ||||||
8 | continuing, not pro forma.
Control shall include the power | ||||||
9 | to direct or cause the direction of the
management and | ||||||
10 | policies of the business and to make the day-to-day as | ||||||
11 | well
as major decisions in matters of policy, management | ||||||
12 | and operations.
Control shall be exemplified by possessing | ||||||
13 | the requisite knowledge and
expertise to run the | ||||||
14 | particular business and control shall not include
simple | ||||||
15 | majority or absentee ownership.
| ||||||
16 | (10) "Business" means a business that has annual gross | ||||||
17 | sales of less than $75,000,000 as evidenced by the federal | ||||||
18 | income tax return of the business. A firm with gross sales | ||||||
19 | in excess of this cap may apply to the Council for | ||||||
20 | certification for a particular contract if the firm can | ||||||
21 | demonstrate that the contract would have significant | ||||||
22 | impact on businesses owned by minorities, women, or | ||||||
23 | persons with disabilities as suppliers or subcontractors | ||||||
24 | or in employment of minorities, women, or persons with | ||||||
25 | disabilities.
| ||||||
26 | (11) "Utilization plan" means a form and additional |
| |||||||
| |||||||
1 | documentations included in all bids or proposals that | ||||||
2 | demonstrates a vendor's proposed utilization of vendors | ||||||
3 | certified by the Business Enterprise Program to meet the | ||||||
4 | targeted goal. The utilization plan shall demonstrate that | ||||||
5 | the Vendor has either: (1) met the entire contract goal or | ||||||
6 | (2) requested a full or partial waiver and made good faith | ||||||
7 | efforts towards meeting the goal. | ||||||
8 | (12) "Business Enterprise Program" means the Business | ||||||
9 | Enterprise Program of the Commission on Equity and | ||||||
10 | Inclusion. | ||||||
11 | (B) When a business is owned at least 51% by any | ||||||
12 | combination of
minority persons, women, or persons with | ||||||
13 | disabilities,
even though none of the 3 classes alone holds at | ||||||
14 | least a 51% interest, the
ownership
requirement for purposes | ||||||
15 | of this Act is considered to be met. The
certification | ||||||
16 | category for the business is that of the class holding the
| ||||||
17 | largest ownership
interest in the business. If 2 or more | ||||||
18 | classes have equal ownership interests,
the certification | ||||||
19 | category shall be determined by
the business.
| ||||||
20 | (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; | ||||||
21 | 102-29, eff. 6-25-21 .)
| ||||||
22 | Section 55. The State Construction Minority and Female | ||||||
23 | Building Trades Act is amended by changing Section 35-5 as | ||||||
24 | follows:
|
| |||||||
| |||||||
1 | (30 ILCS 577/35-5) | ||||||
2 | Sec. 35-5. Definitions. For the purposes of this Article: | ||||||
3 | "Under-represented minority" means a person who is any of | ||||||
4 | the following: | ||||||
5 | (1) American Indian or Alaska Native (a person having | ||||||
6 | origins in any of the original peoples of North and South | ||||||
7 | America, including Central America, and who maintains | ||||||
8 | tribal affiliation or community attachment). | ||||||
9 | (2) Asian (a person having origins in any of the | ||||||
10 | original peoples of the Far East, Southeast Asia, or the | ||||||
11 | Indian subcontinent, including, but not limited to, | ||||||
12 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
13 | the Philippine Islands, Thailand, and Vietnam). | ||||||
14 | (3) Black or African American (a person having origins | ||||||
15 | in any of the black racial groups of Africa). | ||||||
16 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
17 | Puerto Rican, South or Central American, or other Spanish | ||||||
18 | culture or origin, regardless of race). | ||||||
19 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
20 | person having origins in any of the original peoples of | ||||||
21 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
22 | (6) Arab (a person having origins in any of the | ||||||
23 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
24 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
25 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
26 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). |
| |||||||
| |||||||
1 | "Construction" means any constructing, altering, | ||||||
2 | reconstructing, repairing, rehabilitating, refinishing, | ||||||
3 | refurbishing, remodeling, remediating, renovating, custom | ||||||
4 | fabricating, maintenance, landscaping, improving, wrecking, | ||||||
5 | painting, decorating, demolishing, and adding to or | ||||||
6 | subtracting from any building, structure, highway, roadway, | ||||||
7 | street, bridge, alley, sewer, ditch, sewage disposal plant, | ||||||
8 | water works, parking facility, railroad, excavation or other | ||||||
9 | structure, project, development, real property or improvement, | ||||||
10 | or to do any part thereof, whether or not the performance of | ||||||
11 | the work herein described involves the addition to, or | ||||||
12 | fabrication into, any structure, project, development, real | ||||||
13 | property or improvement herein described of any material or | ||||||
14 | article of merchandise. Construction shall also include moving | ||||||
15 | construction related materials on the job site to or from the | ||||||
16 | job site.
| ||||||
17 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
18 | Section 60. The Inclusion of Women and Minorities in | ||||||
19 | Clinical Research Act is amended by changing Section 5 as | ||||||
20 | follows:
| ||||||
21 | (30 ILCS 785/5)
| ||||||
22 | Sec. 5. Definitions. In this Act:
| ||||||
23 | "Grantee" means any qualified public, private, or | ||||||
24 | not-for-profit agency or
individual, including, but not |
| |||||||
| |||||||
1 | limited to, a college, university, hospital,
laboratory,
| ||||||
2 | research institution, local health department, voluntary | ||||||
3 | health agency, health
maintenance
organization, corporation, | ||||||
4 | student, fellow, or entrepreneur, conducting
clinical research
| ||||||
5 | using State funds. A grantee may also be a corporation that is | ||||||
6 | headquartered in
Illinois
and that conducts research using | ||||||
7 | State funds.
| ||||||
8 | "Minority group" means a group that is a readily | ||||||
9 | identifiable subset of the U.S. population that is | ||||||
10 | distinguished by racial, ethnic, or cultural heritage and that | ||||||
11 | is made up of persons who are any of the following: | ||||||
12 | (1) American Indian or Alaska Native (a person having | ||||||
13 | origins in any of the original peoples of North and South | ||||||
14 | America, including Central America, and who maintains | ||||||
15 | tribal affiliation or community attachment). | ||||||
16 | (2) Asian (a person having origins in any of the | ||||||
17 | original peoples of the Far East, Southeast Asia, or the | ||||||
18 | Indian subcontinent, including, but not limited to, | ||||||
19 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
20 | the Philippine Islands, Thailand, and Vietnam). | ||||||
21 | (3) Black or African American (a person having origins | ||||||
22 | in any of the black racial groups of Africa). | ||||||
23 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
24 | Puerto Rican, South or Central American, or other Spanish | ||||||
25 | culture or origin, regardless of race). | ||||||
26 | (5) Native Hawaiian or Other Pacific Islander (a |
| |||||||
| |||||||
1 | person having origins in any of the original peoples of | ||||||
2 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
3 | (6) Arab (a person having origins in any of the | ||||||
4 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
5 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
6 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
7 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
8 | "Project of clinical research" includes a clinical trial.
| ||||||
9 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
10 | Section 65. The Metropolitan Pier and Exposition Authority | ||||||
11 | Act is amended by changing Section 23.1 as follows:
| ||||||
12 | (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
| ||||||
13 | Sec. 23.1. Affirmative action.
| ||||||
14 | (a) The Authority shall, within 90 days after the | ||||||
15 | effective
date of this amendatory Act of 1984, establish and | ||||||
16 | maintain an affirmative
action program designed to promote | ||||||
17 | equal employment opportunity and
eliminate the effects of past | ||||||
18 | discrimination. Such program shall include a
plan, including | ||||||
19 | timetables where appropriate, which shall specify goals
and | ||||||
20 | methods for increasing participation by women and minorities | ||||||
21 | in
employment, including employment related to the planning, | ||||||
22 | organization, and staging of the games, by the Authority and | ||||||
23 | by parties which contract with the Authority.
The Authority | ||||||
24 | shall submit a detailed plan with the General Assembly prior
|
| |||||||
| |||||||
1 | to September 1 of each year. Such program shall also establish | ||||||
2 | procedures and
sanctions, which the Authority shall enforce to
| ||||||
3 | ensure compliance with the plan established pursuant to this | ||||||
4 | Section and
with State and federal laws and regulations | ||||||
5 | relating to the employment of
women and minorities. A | ||||||
6 | determination by the Authority as to whether a
party to a | ||||||
7 | contract with the Authority has achieved the goals or employed
| ||||||
8 | the methods for increasing participation by women and | ||||||
9 | minorities shall be
determined in accordance with the terms of | ||||||
10 | such contracts or the applicable
provisions of rules and | ||||||
11 | regulations of the Authority existing at the time
such | ||||||
12 | contract was executed, including any provisions for | ||||||
13 | consideration of
good faith efforts at compliance which the | ||||||
14 | Authority may reasonably adopt.
| ||||||
15 | (b) The Authority shall adopt and maintain minority-owned | ||||||
16 | and women-owned
business enterprise procurement programs under | ||||||
17 | the affirmative
action program described in subsection (a) for | ||||||
18 | any and all work, including all contracting related to the | ||||||
19 | planning, organization, and staging of the games, undertaken
| ||||||
20 | by the Authority. That work shall include, but is not limited | ||||||
21 | to, the
purchase of professional services, construction | ||||||
22 | services, supplies,
materials, and equipment. The programs | ||||||
23 | shall establish goals of awarding
not less than 25% of the | ||||||
24 | annual dollar value of all contracts, purchase
orders, or | ||||||
25 | other agreements (collectively referred to as "contracts") to | ||||||
26 | minority-owned
businesses and 5% of the annual dollar value of |
| |||||||
| |||||||
1 | all
contracts to women-owned businesses. Without limiting the | ||||||
2 | generality of
the foregoing, the programs shall require in | ||||||
3 | connection with the
prequalification or consideration of | ||||||
4 | vendors for professional service
contracts, construction | ||||||
5 | contracts, and contracts for supplies, materials,
equipment, | ||||||
6 | and services that each proposer or bidder submit as part of his
| ||||||
7 | or her proposal or bid a commitment detailing how he or she | ||||||
8 | will expend 25%
or more of the dollar value of his or her | ||||||
9 | contracts with one or more minority-owned
businesses and 5% or | ||||||
10 | more of the dollar value with one or
more women-owned | ||||||
11 | businesses. Bids or proposals that do not include such
| ||||||
12 | detailed commitments are not responsive and shall be rejected | ||||||
13 | unless the
Authority deems it appropriate to grant a waiver of | ||||||
14 | these requirements. In
addition the Authority may, in | ||||||
15 | connection with the selection of providers
of professional | ||||||
16 | services, reserve the right to select a minority-owned or | ||||||
17 | women-owned business or businesses to fulfill the commitment | ||||||
18 | to minority and woman
business participation. The commitment | ||||||
19 | to minority and woman
business participation may be met by the | ||||||
20 | contractor or professional service
provider's status as a | ||||||
21 | minority-owned or women-owned business, by joint venture
or by | ||||||
22 | subcontracting a portion of the work with or purchasing | ||||||
23 | materials for
the work from one or more such businesses, or by | ||||||
24 | any combination thereof.
Each contract shall require the | ||||||
25 | contractor or provider to submit a
certified monthly report | ||||||
26 | detailing the status of that contractor or
provider's |
| |||||||
| |||||||
1 | compliance with the Authority's minority-owned and women-owned
| ||||||
2 | business enterprise procurement program. The Authority, after | ||||||
3 | reviewing
the monthly reports of the contractors and | ||||||
4 | providers, shall
compile a comprehensive report regarding | ||||||
5 | compliance with this procurement
program and file it quarterly | ||||||
6 | with the General Assembly. If, in connection
with a particular | ||||||
7 | contract, the Authority determines that it is
impracticable or | ||||||
8 | excessively costly to obtain minority-owned or women-owned
| ||||||
9 | businesses to perform sufficient work to fulfill the | ||||||
10 | commitment required by
this subsection, the Authority shall | ||||||
11 | reduce or waive the commitment in the
contract, as may be | ||||||
12 | appropriate. The Authority shall establish rules and
| ||||||
13 | regulations setting forth the standards to be used in | ||||||
14 | determining whether
or not a reduction or waiver is | ||||||
15 | appropriate. The terms "minority-owned
business" and | ||||||
16 | "women-owned business" have the meanings given to those
terms | ||||||
17 | in the Business Enterprise for Minorities, Women, and Persons | ||||||
18 | with Disabilities Act.
| ||||||
19 | (c) The Authority shall adopt and maintain an affirmative
| ||||||
20 | action program in connection with the hiring
of minorities and | ||||||
21 | women on the Expansion Project and on any and all
construction | ||||||
22 | projects, including all contracting related to the planning, | ||||||
23 | organization, and staging of the games, undertaken by the | ||||||
24 | Authority. The program shall be
designed to promote equal | ||||||
25 | employment opportunity and shall specify the
goals and methods | ||||||
26 | for increasing the participation of minorities and women
in a |
| |||||||
| |||||||
1 | representative mix of job classifications required to perform | ||||||
2 | the
respective contracts awarded by the Authority.
| ||||||
3 | (d) In connection with the Expansion Project, the | ||||||
4 | Authority shall
incorporate the following elements into its | ||||||
5 | minority-owned and women-owned
business procurement programs | ||||||
6 | to the extent feasible: (1) a major
contractors program that | ||||||
7 | permits minority-owned businesses and women-owned
businesses | ||||||
8 | to bear significant responsibility and risk for a portion of | ||||||
9 | the
project; (2) a mentor/protege program that provides | ||||||
10 | financial, technical,
managerial, equipment, and personnel | ||||||
11 | support to minority-owned businesses
and women-owned | ||||||
12 | businesses; (3) an emerging firms program that includes | ||||||
13 | minority-owned
businesses and women-owned businesses that | ||||||
14 | would not
otherwise qualify for the project due to | ||||||
15 | inexperience or limited resources;
(4) a small projects | ||||||
16 | program that includes participation by smaller minority-owned
| ||||||
17 | businesses and women-owned businesses on jobs where the
total | ||||||
18 | dollar value is $5,000,000 or less; and (5) a set-aside | ||||||
19 | program that
will identify contracts requiring the expenditure | ||||||
20 | of funds less than
$50,000 for bids to be submitted solely by | ||||||
21 | minority-owned businesses and women-owned
businesses.
| ||||||
22 | (e) The Authority is authorized to enter into agreements | ||||||
23 | with
contractors' associations, labor unions, and the | ||||||
24 | contractors working on the
Expansion Project to establish an | ||||||
25 | Apprenticeship Preparedness Training
Program to provide for an | ||||||
26 | increase in the number of minority and women
journeymen and |
| |||||||
| |||||||
1 | apprentices in the building trades and to enter into
| ||||||
2 | agreements with Community College District 508 to provide | ||||||
3 | readiness training.
The Authority is further authorized to | ||||||
4 | enter into contracts with public and
private educational | ||||||
5 | institutions and persons in the hospitality industry to
| ||||||
6 | provide training for employment in the hospitality industry.
| ||||||
7 | (f) McCormick Place Advisory Board. There is created a | ||||||
8 | McCormick Place
Advisory Board composed as follows:
2 members | ||||||
9 | shall be appointed by the Mayor of Chicago;
2 members shall be | ||||||
10 | appointed by the Governor;
2 members shall be State Senators | ||||||
11 | appointed by the President of the Senate;
2 members shall be | ||||||
12 | State Senators appointed by the Minority Leader of the
Senate;
| ||||||
13 | 2 members shall be State Representatives appointed by the | ||||||
14 | Speaker of the House
of Representatives; and
2 members shall | ||||||
15 | be State Representatives appointed by the Minority Leader of
| ||||||
16 | the House of Representatives.
The terms of all previously | ||||||
17 | appointed members of the Advisory Board expire on
the | ||||||
18 | effective date of this amendatory Act of the 92nd General | ||||||
19 | Assembly. A
State Senator or State Representative member may | ||||||
20 | appoint a designee to serve
on the McCormick Place Advisory | ||||||
21 | Board in his or her absence.
| ||||||
22 | A "member of a minority group" shall mean a person who is a | ||||||
23 | citizen or
lawful permanent resident of the United States and | ||||||
24 | who is any of the following:
| ||||||
25 | (1) American Indian or Alaska Native (a person having | ||||||
26 | origins in any of the original peoples of North and South |
| |||||||
| |||||||
1 | America, including Central America, and who maintains | ||||||
2 | tribal affiliation or community attachment). | ||||||
3 | (2) Asian (a person having origins in any of the | ||||||
4 | original peoples of the Far East, Southeast Asia, or the | ||||||
5 | Indian subcontinent, including, but not limited to, | ||||||
6 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
7 | the Philippine Islands, Thailand, and Vietnam). | ||||||
8 | (3) Black or African American (a person having origins | ||||||
9 | in any of the black racial groups of Africa). | ||||||
10 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
11 | Puerto Rican, South or Central American, or other Spanish | ||||||
12 | culture or origin, regardless of race). | ||||||
13 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
14 | person having origins in any of the original peoples of | ||||||
15 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
16 | (6) Arab (a person having origins in any of the | ||||||
17 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
18 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
19 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
20 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
21 | Members of the McCormick Place Advisory Board shall serve | ||||||
22 | 2-year terms
and until their successors are appointed, except | ||||||
23 | members who serve as a
result of their elected position whose | ||||||
24 | terms shall continue as long as
they hold their designated | ||||||
25 | elected positions. Vacancies shall be filled by
appointment | ||||||
26 | for the unexpired term in the same manner as original
|
| |||||||
| |||||||
1 | appointments are made. The McCormick Place Advisory Board | ||||||
2 | shall elect
its own chairperson.
| ||||||
3 | Members of the McCormick Place Advisory Board shall serve | ||||||
4 | without
compensation but, at the Authority's discretion, shall | ||||||
5 | be reimbursed for
necessary expenses in connection with the | ||||||
6 | performance of their duties.
| ||||||
7 | The McCormick Place Advisory Board shall meet quarterly, | ||||||
8 | or as needed,
shall produce any reports it deems necessary, | ||||||
9 | and shall:
| ||||||
10 | (1) Work with the Authority on ways to improve the | ||||||
11 | area physically
and economically;
| ||||||
12 | (2) Work with the Authority regarding potential means | ||||||
13 | for providing
increased economic opportunities to | ||||||
14 | minorities and women produced
indirectly or directly from | ||||||
15 | the construction and operation of the
Expansion Project;
| ||||||
16 | (3) Work with the Authority to minimize any potential | ||||||
17 | impact on the
area surrounding the McCormick Place | ||||||
18 | Expansion Project, including any
impact on minority-owned | ||||||
19 | or women-owned businesses, resulting from the
construction | ||||||
20 | and operation of the Expansion Project;
| ||||||
21 | (4) Work with the Authority to find candidates for | ||||||
22 | building trades
apprenticeships, for employment in the | ||||||
23 | hospitality industry, and to identify
job training | ||||||
24 | programs;
| ||||||
25 | (5) Work with the Authority to implement the | ||||||
26 | provisions of subsections
(a) through (e) of this Section |
| |||||||
| |||||||
1 | in the construction of the Expansion
Project, including | ||||||
2 | the Authority's goal of awarding not less than 25% and
5% | ||||||
3 | of the annual dollar value of contracts to minority-owned | ||||||
4 | and women-owned
businesses, the outreach program for | ||||||
5 | minorities and women, and the
mentor/protege program for | ||||||
6 | providing assistance to minority-owned and women-owned | ||||||
7 | businesses.
| ||||||
8 | (g) The Authority shall comply with subsection (e) of | ||||||
9 | Section 5-42 of the Olympic Games and Paralympic Games (2016) | ||||||
10 | Law. For purposes of this Section, the term "games" has the | ||||||
11 | meaning set forth in the Olympic Games and Paralympic Games | ||||||
12 | (2016) Law. | ||||||
13 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
14 | Section 70. The School Code is amended by changing | ||||||
15 | Sections 27-21 and 34-18 as follows:
| ||||||
16 | (105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
| ||||||
17 | Sec. 27-21. History of United States. History of the | ||||||
18 | United States shall be taught in all public schools and
in all | ||||||
19 | other educational institutions in this State supported or
| ||||||
20 | maintained, in whole or in part, by public funds. The teaching | ||||||
21 | of history
shall have as one of its objectives the imparting to | ||||||
22 | pupils of a
comprehensive idea of our democratic form of | ||||||
23 | government and the principles
for which our government stands | ||||||
24 | as regards other nations, including the
studying of the place |
| |||||||
| |||||||
1 | of our government in world-wide movements and the
leaders | ||||||
2 | thereof, with particular stress upon the basic principles and
| ||||||
3 | ideals of our representative form of government. The teaching | ||||||
4 | of history
shall include a study of the role and contributions | ||||||
5 | of African Americans and
other ethnic groups, including, but | ||||||
6 | not restricted to, Polish, Lithuanian, German,
Hungarian, | ||||||
7 | Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak,
| ||||||
8 | French, Scots, Hispanics, Asian Americans, Arabs, etc., in the | ||||||
9 | history of this
country and this
State. To reinforce the study | ||||||
10 | of the role and contributions of Hispanics, such curriculum | ||||||
11 | shall include the study of the events related to the forceful | ||||||
12 | removal and illegal deportation of Mexican-American U.S. | ||||||
13 | citizens during the Great Depression. In public schools only, | ||||||
14 | the teaching of history shall include a study of the roles and | ||||||
15 | contributions of lesbian, gay, bisexual, and transgender | ||||||
16 | people in the history of this country and this State. The | ||||||
17 | teaching of history also shall include a study of the
role of | ||||||
18 | labor unions and their interaction with government in | ||||||
19 | achieving the
goals of a mixed free enterprise system. | ||||||
20 | Beginning with the 2020-2021 school year, the teaching of | ||||||
21 | history must also include instruction on the history of | ||||||
22 | Illinois. The teaching of history shall include the | ||||||
23 | contributions made to society by Americans of different faith | ||||||
24 | practices, including, but not limited to, Muslim Americans, | ||||||
25 | Jewish Americans, Christian Americans, Hindu Americans, Sikh | ||||||
26 | Americans, Buddhist Americans, and any other collective |
| |||||||
| |||||||
1 | community of faith that has shaped America. No pupils shall be | ||||||
2 | graduated
from the eighth grade of any
public school unless he | ||||||
3 | or she has received such instruction in the history of the
| ||||||
4 | United States and gives evidence of having a comprehensive | ||||||
5 | knowledge
thereof, which may be administered remotely.
| ||||||
6 | (Source: P.A. 101-227, eff. 7-1-20; 101-341, eff. 1-1-20; | ||||||
7 | 101-643, eff. 6-18-20; 102-411, eff. 1-1-22 .)
| ||||||
8 | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||||||
9 | Sec. 34-18. Powers of the board. The board shall exercise | ||||||
10 | general
supervision and jurisdiction over the public education | ||||||
11 | and the public
school system of the city, and, except as | ||||||
12 | otherwise provided by this
Article, shall have power:
| ||||||
13 | 1. To make suitable provision for the establishment | ||||||
14 | and maintenance
throughout the year or for such portion | ||||||
15 | thereof as it may direct, not
less than 9 months and in | ||||||
16 | compliance with Section 10-19.05, of schools of all grades | ||||||
17 | and kinds, including normal
schools, high schools, night | ||||||
18 | schools, schools for defectives and
delinquents, parental | ||||||
19 | and truant schools, schools for the blind, the
deaf, and | ||||||
20 | persons with physical disabilities, schools or classes in | ||||||
21 | manual training,
constructural and vocational teaching, | ||||||
22 | domestic arts, and physical
culture, vocation and | ||||||
23 | extension schools and lecture courses, and all
other | ||||||
24 | educational courses and facilities, including | ||||||
25 | establishing,
equipping, maintaining and operating |
| |||||||
| |||||||
1 | playgrounds and recreational
programs, when such programs | ||||||
2 | are conducted in, adjacent to, or connected
with any | ||||||
3 | public school under the general supervision and | ||||||
4 | jurisdiction
of the board; provided that the calendar for | ||||||
5 | the school term and any changes must be submitted to and | ||||||
6 | approved by the State Board of Education before the | ||||||
7 | calendar or changes may take effect, and provided that in | ||||||
8 | allocating funds
from year to year for the operation of | ||||||
9 | all attendance centers within the
district, the board | ||||||
10 | shall ensure that supplemental general State aid or | ||||||
11 | supplemental grant funds
are allocated and applied in | ||||||
12 | accordance with Section 18-8, 18-8.05, or 18-8.15. To
| ||||||
13 | admit to such
schools without charge foreign exchange | ||||||
14 | students who are participants in
an organized exchange | ||||||
15 | student program which is authorized by the board.
The | ||||||
16 | board shall permit all students to enroll in | ||||||
17 | apprenticeship programs
in trade schools operated by the | ||||||
18 | board, whether those programs are
union-sponsored or not. | ||||||
19 | No student shall be refused admission into or
be excluded | ||||||
20 | from any course of instruction offered in the common | ||||||
21 | schools
by reason of that student's sex. No student shall | ||||||
22 | be denied equal
access to physical education and | ||||||
23 | interscholastic athletic programs
supported from school | ||||||
24 | district funds or denied participation in
comparable | ||||||
25 | physical education and athletic programs solely by reason | ||||||
26 | of
the student's sex. Equal access to programs supported |
| |||||||
| |||||||
1 | from school
district funds and comparable programs will be | ||||||
2 | defined in rules
promulgated by the State Board of | ||||||
3 | Education in
consultation with the Illinois High School | ||||||
4 | Association.
Notwithstanding any other provision of this | ||||||
5 | Article, neither the board
of education nor any local | ||||||
6 | school council or other school official shall
recommend | ||||||
7 | that children with disabilities be placed into regular | ||||||
8 | education
classrooms unless those children with | ||||||
9 | disabilities are provided with
supplementary services to | ||||||
10 | assist them so that they benefit from the regular
| ||||||
11 | classroom instruction and are included on the teacher's | ||||||
12 | regular education
class register;
| ||||||
13 | 2. To furnish lunches to pupils, to make a reasonable | ||||||
14 | charge
therefor, and to use school funds for the payment | ||||||
15 | of such expenses as
the board may determine are necessary | ||||||
16 | in conducting the school lunch
program;
| ||||||
17 | 3. To co-operate with the circuit court;
| ||||||
18 | 4. To make arrangements with the public or | ||||||
19 | quasi-public libraries
and museums for the use of their | ||||||
20 | facilities by teachers and pupils of
the public schools;
| ||||||
21 | 5. To employ dentists and prescribe their duties for | ||||||
22 | the purpose of
treating the pupils in the schools, but | ||||||
23 | accepting such treatment shall
be optional with parents or | ||||||
24 | guardians;
| ||||||
25 | 6. To grant the use of assembly halls and classrooms | ||||||
26 | when not
otherwise needed, including light, heat, and |
| |||||||
| |||||||
1 | attendants, for free public
lectures, concerts, and other | ||||||
2 | educational and social interests, free of
charge, under | ||||||
3 | such provisions and control as the principal of the
| ||||||
4 | affected attendance center may prescribe;
| ||||||
5 | 7. To apportion the pupils to the several schools; | ||||||
6 | provided that no pupil
shall be excluded from or | ||||||
7 | segregated in any such school on account of his
color, | ||||||
8 | race, sex, or nationality. The board shall take into | ||||||
9 | consideration
the prevention of segregation and the | ||||||
10 | elimination of separation of children
in public schools | ||||||
11 | because of color, race, sex, or nationality. Except that
| ||||||
12 | children may be committed to or attend parental and social | ||||||
13 | adjustment schools
established and maintained either for | ||||||
14 | boys or girls only. All records
pertaining to the | ||||||
15 | creation, alteration or revision of attendance areas shall
| ||||||
16 | be open to the public. Nothing herein shall limit the | ||||||
17 | board's authority to
establish multi-area attendance | ||||||
18 | centers or other student assignment systems
for | ||||||
19 | desegregation purposes or otherwise, and to apportion the | ||||||
20 | pupils to the
several schools. Furthermore, beginning in | ||||||
21 | school year 1994-95, pursuant
to a board plan adopted by | ||||||
22 | October 1, 1993, the board shall offer, commencing
on a | ||||||
23 | phased-in basis, the opportunity for families within the | ||||||
24 | school
district to apply for enrollment of their children | ||||||
25 | in any attendance center
within the school district which | ||||||
26 | does not have selective admission
requirements approved by |
| |||||||
| |||||||
1 | the board. The appropriate geographical area in
which such | ||||||
2 | open enrollment may be exercised shall be determined by | ||||||
3 | the
board of education. Such children may be admitted to | ||||||
4 | any such attendance
center on a space available basis | ||||||
5 | after all children residing within such
attendance | ||||||
6 | center's area have been accommodated. If the number of
| ||||||
7 | applicants from outside the attendance area exceed the | ||||||
8 | space available,
then successful applicants shall be | ||||||
9 | selected by lottery. The board of
education's open | ||||||
10 | enrollment plan must include provisions that allow | ||||||
11 | low-income students to have access to transportation | ||||||
12 | needed to exercise school
choice. Open enrollment shall be | ||||||
13 | in compliance with the provisions of the
Consent Decree | ||||||
14 | and Desegregation Plan cited in Section 34-1.01;
| ||||||
15 | 8. To approve programs and policies for providing | ||||||
16 | transportation
services to students. Nothing herein shall | ||||||
17 | be construed to permit or empower
the State Board of | ||||||
18 | Education to order, mandate, or require busing or other
| ||||||
19 | transportation of pupils for the purpose of achieving | ||||||
20 | racial balance in any
school;
| ||||||
21 | 9. Subject to the limitations in this Article, to | ||||||
22 | establish and
approve system-wide curriculum objectives | ||||||
23 | and standards, including graduation
standards, which | ||||||
24 | reflect the
multi-cultural diversity in the city and are | ||||||
25 | consistent with State law,
provided that for all purposes | ||||||
26 | of this Article courses or
proficiency in American Sign |
| |||||||
| |||||||
1 | Language shall be deemed to constitute courses
or | ||||||
2 | proficiency in a foreign language; and to employ | ||||||
3 | principals and teachers,
appointed as provided in this
| ||||||
4 | Article, and fix their compensation. The board shall | ||||||
5 | prepare such reports
related to minimal competency testing | ||||||
6 | as may be requested by the State
Board of Education and, in | ||||||
7 | addition, shall monitor and approve special
education and | ||||||
8 | bilingual education programs and policies within the | ||||||
9 | district to ensure
that appropriate services are provided | ||||||
10 | in accordance with applicable
State and federal laws to | ||||||
11 | children requiring services and education in those
areas;
| ||||||
12 | 10. To employ non-teaching personnel or utilize | ||||||
13 | volunteer personnel
for: (i) non-teaching duties not | ||||||
14 | requiring instructional judgment or
evaluation of pupils, | ||||||
15 | including library duties; and (ii) supervising study
| ||||||
16 | halls, long distance teaching reception areas used | ||||||
17 | incident to instructional
programs transmitted by | ||||||
18 | electronic media such as computers, video, and audio,
| ||||||
19 | detention and discipline areas, and school-sponsored | ||||||
20 | extracurricular
activities. The board may further utilize | ||||||
21 | volunteer non-certificated
personnel or employ | ||||||
22 | non-certificated personnel to
assist in the instruction of | ||||||
23 | pupils under the immediate supervision of a
teacher | ||||||
24 | holding a valid certificate, directly engaged in teaching
| ||||||
25 | subject matter or conducting activities; provided that the | ||||||
26 | teacher
shall be continuously aware of the |
| |||||||
| |||||||
1 | non-certificated persons' activities and
shall be able to | ||||||
2 | control or modify them. The general superintendent shall
| ||||||
3 | determine qualifications of such personnel and shall | ||||||
4 | prescribe rules for
determining the duties and activities | ||||||
5 | to be assigned to such personnel;
| ||||||
6 | 10.5. To utilize volunteer personnel from a regional | ||||||
7 | School Crisis
Assistance Team (S.C.A.T.), created as part | ||||||
8 | of the Safe to Learn Program
established pursuant to | ||||||
9 | Section 25 of the Illinois Violence Prevention Act
of | ||||||
10 | 1995, to provide assistance to schools in times of | ||||||
11 | violence or other
traumatic incidents within a school | ||||||
12 | community by providing crisis
intervention services to | ||||||
13 | lessen the effects of emotional trauma on
individuals and | ||||||
14 | the community; the School Crisis Assistance Team
Steering | ||||||
15 | Committee shall determine the qualifications for | ||||||
16 | volunteers;
| ||||||
17 | 11. To provide television studio facilities in not to | ||||||
18 | exceed one
school building and to provide programs for | ||||||
19 | educational purposes,
provided, however, that the board | ||||||
20 | shall not construct, acquire, operate,
or maintain a | ||||||
21 | television transmitter; to grant the use of its studio
| ||||||
22 | facilities to a licensed television station located in the | ||||||
23 | school
district; and to maintain and operate not to exceed | ||||||
24 | one school radio
transmitting station and provide programs | ||||||
25 | for educational purposes;
| ||||||
26 | 12. To offer, if deemed appropriate, outdoor education |
| |||||||
| |||||||
1 | courses,
including field trips within the State of | ||||||
2 | Illinois, or adjacent states,
and to use school | ||||||
3 | educational funds for the expense of the said outdoor
| ||||||
4 | educational programs, whether within the school district | ||||||
5 | or not;
| ||||||
6 | 13. During that period of the calendar year not | ||||||
7 | embraced within the
regular school term, to provide and | ||||||
8 | conduct courses in subject matters
normally embraced in | ||||||
9 | the program of the schools during the regular
school term | ||||||
10 | and to give regular school credit for satisfactory
| ||||||
11 | completion by the student of such courses as may be | ||||||
12 | approved for credit
by the State Board of Education;
| ||||||
13 | 14. To insure against any loss or liability of the | ||||||
14 | board,
the former School Board Nominating Commission, | ||||||
15 | Local School Councils, the
Chicago Schools Academic | ||||||
16 | Accountability Council, or the former Subdistrict
Councils | ||||||
17 | or of any member, officer, agent, or employee thereof, | ||||||
18 | resulting
from alleged violations of civil rights arising | ||||||
19 | from incidents occurring on
or after September 5, 1967 or | ||||||
20 | from the wrongful or negligent act or
omission of any such | ||||||
21 | person whether occurring within or without the school
| ||||||
22 | premises, provided the officer, agent, or employee was, at | ||||||
23 | the time of the
alleged violation of civil rights or | ||||||
24 | wrongful act or omission, acting
within the scope of his | ||||||
25 | or her employment or under direction of the board, the
| ||||||
26 | former School
Board Nominating Commission, the Chicago |
| |||||||
| |||||||
1 | Schools Academic Accountability
Council, Local School | ||||||
2 | Councils, or the former Subdistrict Councils;
and to | ||||||
3 | provide for or participate in insurance plans for its | ||||||
4 | officers and
employees, including, but not limited to, | ||||||
5 | retirement annuities, medical,
surgical and | ||||||
6 | hospitalization benefits in such types and amounts as may | ||||||
7 | be
determined by the board; provided, however, that the | ||||||
8 | board shall contract
for such insurance only with an | ||||||
9 | insurance company authorized to do business
in this State. | ||||||
10 | Such insurance may include provision for employees who | ||||||
11 | rely
on treatment by prayer or spiritual means alone for | ||||||
12 | healing, in accordance
with the tenets and practice of a | ||||||
13 | recognized religious denomination;
| ||||||
14 | 15. To contract with the corporate authorities of any | ||||||
15 | municipality
or the county board of any county, as the | ||||||
16 | case may be, to provide for
the regulation of traffic in | ||||||
17 | parking areas of property used for school
purposes, in | ||||||
18 | such manner as is provided by Section 11-209 of the
| ||||||
19 | Illinois Vehicle Code;
| ||||||
20 | 16. (a) To provide, on an equal basis, access to a high
| ||||||
21 | school campus and student directory information to the
| ||||||
22 | official recruiting representatives of the armed forces of | ||||||
23 | Illinois and
the United States for the purposes of | ||||||
24 | informing students of the educational
and career | ||||||
25 | opportunities available in the military if the board has | ||||||
26 | provided
such access to persons or groups whose purpose is |
| |||||||
| |||||||
1 | to acquaint students with
educational or occupational | ||||||
2 | opportunities available to them. The board
is not required | ||||||
3 | to give greater notice regarding the right of access to
| ||||||
4 | recruiting representatives than is given to other persons | ||||||
5 | and groups. In
this paragraph 16, "directory information" | ||||||
6 | means a high school
student's name, address, and telephone | ||||||
7 | number.
| ||||||
8 | (b) If a student or his or her parent or guardian | ||||||
9 | submits a signed,
written request to the high school | ||||||
10 | before the end of the student's sophomore
year (or if the | ||||||
11 | student is a transfer student, by another time set by
the | ||||||
12 | high school) that indicates that the student or his or her | ||||||
13 | parent or
guardian does
not want the student's directory | ||||||
14 | information to be provided to official
recruiting | ||||||
15 | representatives under subsection (a) of this Section, the | ||||||
16 | high
school may not provide access to the student's | ||||||
17 | directory information to
these recruiting representatives. | ||||||
18 | The high school shall notify its
students and their | ||||||
19 | parents or guardians of the provisions of this
subsection | ||||||
20 | (b).
| ||||||
21 | (c) A high school may require official recruiting | ||||||
22 | representatives of
the armed forces of Illinois and the | ||||||
23 | United States to pay a fee for copying
and mailing a | ||||||
24 | student's directory information in an amount that is not
| ||||||
25 | more than the actual costs incurred by the high school.
| ||||||
26 | (d) Information received by an official recruiting |
| |||||||
| |||||||
1 | representative
under this Section may be used only to | ||||||
2 | provide information to students
concerning educational and | ||||||
3 | career opportunities available in the military
and may not | ||||||
4 | be released to a person who is not involved in recruiting
| ||||||
5 | students for the armed forces of Illinois or the United | ||||||
6 | States;
| ||||||
7 | 17. (a) To sell or market any computer program | ||||||
8 | developed by an employee
of the school district, provided | ||||||
9 | that such employee developed the computer
program as a | ||||||
10 | direct result of his or her duties with the school | ||||||
11 | district
or through the utilization of school district | ||||||
12 | resources or facilities.
The employee who developed the | ||||||
13 | computer program shall be entitled to share
in the | ||||||
14 | proceeds of such sale or marketing of the computer | ||||||
15 | program. The
distribution of such proceeds between the | ||||||
16 | employee and the school district
shall be as agreed upon | ||||||
17 | by the employee and the school district, except
that | ||||||
18 | neither the employee nor the school district may receive | ||||||
19 | more than 90%
of such proceeds. The negotiation for an | ||||||
20 | employee who is represented by an
exclusive bargaining | ||||||
21 | representative may be conducted by such bargaining
| ||||||
22 | representative at the employee's request.
| ||||||
23 | (b) For the purpose of this paragraph 17:
| ||||||
24 | (1) "Computer" means an internally programmed, | ||||||
25 | general purpose digital
device capable of | ||||||
26 | automatically accepting data, processing data and |
| |||||||
| |||||||
1 | supplying
the results of the operation.
| ||||||
2 | (2) "Computer program" means a series of coded | ||||||
3 | instructions or
statements in a form acceptable to a | ||||||
4 | computer, which causes the computer to
process data in | ||||||
5 | order to achieve a certain result.
| ||||||
6 | (3) "Proceeds" means profits derived from the | ||||||
7 | marketing or sale of a product
after deducting the | ||||||
8 | expenses of developing and marketing such product;
| ||||||
9 | 18. To delegate to the general superintendent of
| ||||||
10 | schools, by resolution, the authority to approve contracts | ||||||
11 | and expenditures
in amounts of $10,000 or less;
| ||||||
12 | 19. Upon the written request of an employee, to | ||||||
13 | withhold from
the compensation of that employee any dues, | ||||||
14 | payments, or contributions
payable by such employee to any | ||||||
15 | labor organization as defined in the
Illinois Educational | ||||||
16 | Labor Relations Act. Under such arrangement, an
amount | ||||||
17 | shall be withheld from each regular payroll period which | ||||||
18 | is equal to
the pro rata share of the annual dues plus any | ||||||
19 | payments or contributions,
and the board shall transmit | ||||||
20 | such withholdings to the specified labor
organization | ||||||
21 | within 10 working days from the time of the withholding;
| ||||||
22 | 19a. Upon receipt of notice from the comptroller of a | ||||||
23 | municipality with
a population of 500,000 or more, a | ||||||
24 | county with a population of 3,000,000 or
more, the Cook | ||||||
25 | County Forest Preserve District, the Chicago Park | ||||||
26 | District, the
Metropolitan Water Reclamation District, the |
| |||||||
| |||||||
1 | Chicago Transit Authority, or
a housing authority of a | ||||||
2 | municipality with a population of 500,000 or more
that a | ||||||
3 | debt is due and owing the municipality, the county, the | ||||||
4 | Cook County
Forest Preserve District, the Chicago Park | ||||||
5 | District, the Metropolitan Water
Reclamation District, the | ||||||
6 | Chicago Transit Authority, or the housing authority
by an | ||||||
7 | employee of the Chicago Board of Education, to withhold, | ||||||
8 | from the
compensation of that employee, the amount of the | ||||||
9 | debt that is due and owing
and pay the amount withheld to | ||||||
10 | the municipality, the county, the Cook County
Forest | ||||||
11 | Preserve District, the Chicago Park District, the | ||||||
12 | Metropolitan Water
Reclamation District, the Chicago | ||||||
13 | Transit Authority, or the housing authority;
provided, | ||||||
14 | however, that the amount
deducted from any one salary or | ||||||
15 | wage payment shall not exceed 25% of the net
amount of the | ||||||
16 | payment. Before the Board deducts any amount from any | ||||||
17 | salary or
wage of an employee under this paragraph, the | ||||||
18 | municipality, the county, the
Cook County Forest Preserve | ||||||
19 | District, the Chicago Park District, the
Metropolitan | ||||||
20 | Water Reclamation District, the Chicago Transit Authority, | ||||||
21 | or the
housing authority shall certify that (i) the | ||||||
22 | employee has been afforded an
opportunity for a hearing to | ||||||
23 | dispute the debt that is due and owing the
municipality, | ||||||
24 | the county, the Cook County Forest Preserve District, the | ||||||
25 | Chicago
Park District, the Metropolitan Water Reclamation | ||||||
26 | District, the Chicago Transit
Authority, or the housing |
| |||||||
| |||||||
1 | authority and (ii) the employee has received notice
of a | ||||||
2 | wage deduction order and has been afforded an opportunity | ||||||
3 | for a hearing to
object to the order. For purposes of this | ||||||
4 | paragraph, "net amount" means that
part of the salary or | ||||||
5 | wage payment remaining after the deduction of any amounts
| ||||||
6 | required by law to be deducted and "debt due and owing" | ||||||
7 | means (i) a specified
sum of money owed to the | ||||||
8 | municipality, the county, the Cook County Forest
Preserve | ||||||
9 | District, the Chicago Park District, the Metropolitan | ||||||
10 | Water
Reclamation District, the Chicago Transit Authority, | ||||||
11 | or the housing authority
for services, work, or goods, | ||||||
12 | after the period granted for payment has expired,
or (ii) | ||||||
13 | a specified sum of money owed to the municipality, the | ||||||
14 | county, the Cook
County Forest Preserve District, the | ||||||
15 | Chicago Park District, the Metropolitan
Water Reclamation | ||||||
16 | District, the Chicago Transit Authority, or the housing
| ||||||
17 | authority pursuant to a court order or order of an | ||||||
18 | administrative hearing
officer after the exhaustion of, or | ||||||
19 | the failure to exhaust, judicial review;
| ||||||
20 | 20. The board is encouraged to employ a sufficient | ||||||
21 | number of
certified school counselors to maintain a | ||||||
22 | student/counselor ratio of 250 to
1 by July 1, 1990. Each | ||||||
23 | counselor shall spend at least 75% of his work
time in | ||||||
24 | direct contact with students and shall maintain a record | ||||||
25 | of such time;
| ||||||
26 | 21. To make available to students vocational and |
| |||||||
| |||||||
1 | career
counseling and to establish 5 special career | ||||||
2 | counseling days for students
and parents. On these days | ||||||
3 | representatives of local businesses and
industries shall | ||||||
4 | be invited to the school campus and shall inform students
| ||||||
5 | of career opportunities available to them in the various | ||||||
6 | businesses and
industries. Special consideration shall be | ||||||
7 | given to counseling minority
students as to career | ||||||
8 | opportunities available to them in various fields.
For the | ||||||
9 | purposes of this paragraph, minority student means a | ||||||
10 | person who is any of the following:
| ||||||
11 | (a) American Indian or Alaska Native (a person having | ||||||
12 | origins in any of the original peoples of North and South | ||||||
13 | America, including Central America, and who maintains | ||||||
14 | tribal affiliation or community attachment). | ||||||
15 | (b) Asian (a person having origins in any of the | ||||||
16 | original peoples of the Far East, Southeast Asia, or the | ||||||
17 | Indian subcontinent, including, but not limited to, | ||||||
18 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
19 | the Philippine Islands, Thailand, and Vietnam). | ||||||
20 | (c) Black or African American (a person having origins | ||||||
21 | in any of the black racial groups of Africa). | ||||||
22 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
23 | Puerto Rican, South or Central American, or other Spanish | ||||||
24 | culture or origin, regardless of race). | ||||||
25 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
26 | person having origins in any of the original peoples of |
| |||||||
| |||||||
1 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
2 | (f) Arab (a person having origins in any of the | ||||||
3 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
4 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
5 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
6 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
7 | Counseling days shall not be in lieu of regular school | ||||||
8 | days;
| ||||||
9 | 22. To report to the State Board of Education the | ||||||
10 | annual
student dropout rate and number of students who | ||||||
11 | graduate from, transfer
from, or otherwise leave bilingual | ||||||
12 | programs;
| ||||||
13 | 23. Except as otherwise provided in the Abused and | ||||||
14 | Neglected Child
Reporting Act or other applicable State or | ||||||
15 | federal law, to permit school
officials to withhold, from | ||||||
16 | any person, information on the whereabouts of
any child | ||||||
17 | removed from school premises when the child has been taken | ||||||
18 | into
protective custody as a victim of suspected child | ||||||
19 | abuse. School officials
shall direct such person to the | ||||||
20 | Department of Children and Family Services
or to the local | ||||||
21 | law enforcement agency, if appropriate;
| ||||||
22 | 24. To develop a policy, based on the current state of | ||||||
23 | existing school
facilities, projected enrollment, and | ||||||
24 | efficient utilization of available
resources, for capital | ||||||
25 | improvement of schools and school buildings within
the | ||||||
26 | district, addressing in that policy both the relative |
| |||||||
| |||||||
1 | priority for
major repairs, renovations, and additions to | ||||||
2 | school facilities and the
advisability or necessity of | ||||||
3 | building new school facilities or closing
existing schools | ||||||
4 | to meet current or projected demographic patterns within
| ||||||
5 | the district;
| ||||||
6 | 25. To make available to the students in every high | ||||||
7 | school attendance
center the ability to take all courses | ||||||
8 | necessary to comply with the Board
of Higher Education's | ||||||
9 | college entrance criteria effective in 1993;
| ||||||
10 | 26. To encourage mid-career changes into the teaching | ||||||
11 | profession,
whereby qualified professionals become | ||||||
12 | certified teachers, by allowing
credit for professional | ||||||
13 | employment in related fields when determining point
of | ||||||
14 | entry on the teacher pay scale;
| ||||||
15 | 27. To provide or contract out training programs for | ||||||
16 | administrative
personnel and principals with revised or | ||||||
17 | expanded duties pursuant to this Code
in order to ensure | ||||||
18 | they have the knowledge and skills to perform
their | ||||||
19 | duties;
| ||||||
20 | 28. To establish a fund for the prioritized special | ||||||
21 | needs programs, and
to allocate such funds and other lump | ||||||
22 | sum amounts to each attendance center
in a manner | ||||||
23 | consistent with the provisions of part 4 of Section | ||||||
24 | 34-2.3.
Nothing in this paragraph shall be construed to | ||||||
25 | require any additional
appropriations of State funds for | ||||||
26 | this purpose;
|
| |||||||
| |||||||
1 | 29. (Blank);
| ||||||
2 | 30. Notwithstanding any other provision of this Act or | ||||||
3 | any other law to
the contrary, to contract with third | ||||||
4 | parties for services otherwise performed
by employees, | ||||||
5 | including those in a bargaining unit, and to layoff those
| ||||||
6 | employees upon 14 days written notice to the affected | ||||||
7 | employees. Those
contracts may be for a period not to | ||||||
8 | exceed 5 years and may be awarded on a
system-wide basis. | ||||||
9 | The board may not operate more than 30 contract schools, | ||||||
10 | provided that the board may operate an additional 5 | ||||||
11 | contract turnaround schools pursuant to item (5.5) of | ||||||
12 | subsection (d) of Section 34-8.3 of this Code, and the | ||||||
13 | governing bodies of contract schools are subject to the | ||||||
14 | Freedom of Information Act and Open Meetings Act;
| ||||||
15 | 31. To promulgate rules establishing procedures | ||||||
16 | governing the layoff or
reduction in force of employees | ||||||
17 | and the recall of such employees, including,
but not | ||||||
18 | limited to, criteria for such layoffs, reductions in force | ||||||
19 | or recall
rights of such employees and the weight to be | ||||||
20 | given to any particular
criterion. Such criteria shall | ||||||
21 | take into account factors, including, but not
limited to, | ||||||
22 | qualifications, certifications, experience, performance | ||||||
23 | ratings or
evaluations, and any other factors relating to | ||||||
24 | an employee's job performance;
| ||||||
25 | 32. To develop a policy to prevent nepotism in the | ||||||
26 | hiring of personnel
or the selection of contractors;
|
| |||||||
| |||||||
1 | 33. (Blank); and
| ||||||
2 | 34. To establish a Labor Management Council to the | ||||||
3 | board
comprised of representatives of the board, the chief | ||||||
4 | executive
officer, and those labor organizations that are | ||||||
5 | the exclusive
representatives of employees of the board | ||||||
6 | and to promulgate
policies and procedures for the | ||||||
7 | operation of the Council.
| ||||||
8 | The specifications of the powers herein granted are not to | ||||||
9 | be
construed as exclusive, but the board shall also exercise | ||||||
10 | all other
powers that may be requisite or proper for the | ||||||
11 | maintenance and the
development of a public school system, not | ||||||
12 | inconsistent with the other
provisions of this Article or | ||||||
13 | provisions of this Code which apply to all
school districts.
| ||||||
14 | In addition to the powers herein granted and authorized to | ||||||
15 | be exercised
by the board, it shall be the duty of the board to | ||||||
16 | review or to direct
independent reviews of special education | ||||||
17 | expenditures and services.
The board shall file a report of | ||||||
18 | such review with the General Assembly on
or before May 1, 1990.
| ||||||
19 | (Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; | ||||||
20 | 102-465, eff. 1-1-22; 102-558, eff. 8-20-21 .)
| ||||||
21 | Section 75. The Board of Higher Education Act is amended | ||||||
22 | by changing Section 9.16 as follows:
| ||||||
23 | (110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
| ||||||
24 | Sec. 9.16. Underrepresentation of certain groups in higher |
| |||||||
| |||||||
1 | education.
To require public institutions of higher education | ||||||
2 | to develop and implement
methods and strategies to increase | ||||||
3 | the participation of minorities, women
and individuals with | ||||||
4 | disabilities who are traditionally underrepresented in
| ||||||
5 | education programs and activities. For the purpose of this | ||||||
6 | Section,
minorities shall mean persons who are citizens of the | ||||||
7 | United States or
lawful permanent resident aliens of the | ||||||
8 | United States and who are any of the following: | ||||||
9 | (1) American Indian or Alaska Native (a person having | ||||||
10 | origins in any of the original peoples of North and South | ||||||
11 | America, including Central America, and who maintains | ||||||
12 | tribal affiliation or community attachment). | ||||||
13 | (2) Asian (a person having origins in any of the | ||||||
14 | original peoples of the Far East, Southeast Asia, or the | ||||||
15 | Indian subcontinent, including, but not limited to, | ||||||
16 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
17 | the Philippine Islands, Thailand, and Vietnam). | ||||||
18 | (3) Black or African American (a person having origins | ||||||
19 | in any of the black racial groups of Africa). | ||||||
20 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
21 | Puerto Rican, South or Central American, or other Spanish | ||||||
22 | culture or origin, regardless of race). | ||||||
23 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
24 | person having origins in any of the original peoples of | ||||||
25 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
26 | (6) Arab (a person having origins in any of the |
| |||||||
| |||||||
1 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
2 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
3 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
4 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
5 | The Board shall adopt any rules necessary to administer | ||||||
6 | this Section.
The Board shall also do the following:
| ||||||
7 | (a) require all public institutions of higher education to | ||||||
8 | develop and
submit plans for the implementation of this | ||||||
9 | Section;
| ||||||
10 | (b) conduct periodic review of public institutions of | ||||||
11 | higher education to
determine compliance with this Section; | ||||||
12 | and if the Board finds that a public
institution of higher | ||||||
13 | education is not in compliance with this Section,
it shall | ||||||
14 | notify the institution of steps to take to attain compliance;
| ||||||
15 | (c) provide advice and counsel pursuant to this Section;
| ||||||
16 | (d) conduct studies of the effectiveness of methods and | ||||||
17 | strategies
designed to increase participation of students in | ||||||
18 | education programs and
activities in which minorities, women | ||||||
19 | and individuals with disabilities are
traditionally | ||||||
20 | underrepresented, and monitor the success of students in such
| ||||||
21 | education programs and activities;
| ||||||
22 | (e) encourage minority student recruitment and retention | ||||||
23 | in colleges
and universities. In implementing this paragraph, | ||||||
24 | the Board shall undertake
but need not be limited to the | ||||||
25 | following: the establishment of guidelines
and plans for | ||||||
26 | public institutions of higher education for minority student
|
| |||||||
| |||||||
1 | recruitment and retention, the review and monitoring of | ||||||
2 | minority student
programs implemented at public institutions | ||||||
3 | of higher education to
determine their compliance with any | ||||||
4 | guidelines and plans so established,
the determination of the | ||||||
5 | effectiveness and funding requirements of minority
student | ||||||
6 | programs at public institutions of higher education, the
| ||||||
7 | dissemination of successful programs as models, and the | ||||||
8 | encouragement of
cooperative partnerships between community | ||||||
9 | colleges and local school
attendance centers which are | ||||||
10 | experiencing difficulties in enrolling
minority students in | ||||||
11 | four-year colleges and universities;
| ||||||
12 | (f) mandate all public institutions of higher education to | ||||||
13 | submit data
and information essential to determine compliance | ||||||
14 | with this Section. The
Board shall prescribe the format and | ||||||
15 | the date for submission of this data
and any other education | ||||||
16 | equity data; and
| ||||||
17 | (g) report to the General Assembly and the Governor | ||||||
18 | annually with a
description of the plans submitted by each | ||||||
19 | public institution of higher
education for implementation of | ||||||
20 | this Section, including financial data
relating to the most | ||||||
21 | recent fiscal year expenditures for specific minority
| ||||||
22 | programs, the effectiveness of such
plans and programs and the | ||||||
23 | effectiveness of the methods and strategies developed by the
| ||||||
24 | Board in meeting the purposes of this Section, the degree of | ||||||
25 | compliance
with this Section by each public institution of | ||||||
26 | higher education as
determined by the Board pursuant to its |
| |||||||
| |||||||
1 | periodic review responsibilities,
and the findings made by the | ||||||
2 | Board in conducting its studies and monitoring
student success | ||||||
3 | as required by paragraph d) of this Section. With
respect to | ||||||
4 | each public institution of higher education such report also | ||||||
5 | shall
include, but need not be limited to, information with | ||||||
6 | respect to each
institution's minority program budget | ||||||
7 | allocations; minority student
admission, retention and | ||||||
8 | graduation statistics; admission, retention, and graduation | ||||||
9 | statistics of all students who are the first in their | ||||||
10 | immediate family to attend an institution of higher education; | ||||||
11 | number of financial
assistance awards to undergraduate and | ||||||
12 | graduate minority students; and
minority faculty | ||||||
13 | representation. This paragraph shall not be construed to
| ||||||
14 | prohibit the Board from making, preparing or issuing | ||||||
15 | additional surveys or
studies with respect to minority | ||||||
16 | education in Illinois.
| ||||||
17 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
18 | Section 80. The Dental Student Grant Act is amended by | ||||||
19 | changing Section 3.07 as follows:
| ||||||
20 | (110 ILCS 925/3.07) (from Ch. 144, par. 1503.07)
| ||||||
21 | Sec. 3.07. "Racial minority" means a person who is any of | ||||||
22 | the following:
| ||||||
23 | (1) American Indian or Alaska Native (a person having | ||||||
24 | origins in any of the original peoples of North and South |
| |||||||
| |||||||
1 | America, including Central America, and who maintains | ||||||
2 | tribal affiliation or community attachment). | ||||||
3 | (2) Asian (a person having origins in any of the | ||||||
4 | original peoples of the Far East, Southeast Asia, or the | ||||||
5 | Indian subcontinent, including, but not limited to, | ||||||
6 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
7 | the Philippine Islands, Thailand, and Vietnam). | ||||||
8 | (3) Black or African American (a person having origins | ||||||
9 | in any of the black racial groups of Africa). | ||||||
10 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
11 | Puerto Rican, South or Central American, or other Spanish | ||||||
12 | culture or origin, regardless of race). | ||||||
13 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
14 | person having origins in any of the original peoples of | ||||||
15 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
16 | (6) Arab (a person having origins in any of the | ||||||
17 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
18 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
19 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
20 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
21 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
22 | Section 85. The Diversifying Higher Education Faculty in | ||||||
23 | Illinois Act is amended by changing Section 2 as follows:
| ||||||
24 | (110 ILCS 930/2) (from Ch. 144, par. 2302)
|
| |||||||
| |||||||
1 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
2 | context otherwise requires:
| ||||||
3 | "Board" means the Board of Higher Education.
| ||||||
4 | "DFI" means the Diversifying Higher Education Faculty in | ||||||
5 | Illinois Program of financial assistance to minorities who are | ||||||
6 | traditionally
underrepresented as participants in | ||||||
7 | postsecondary education. The program
shall assist them in | ||||||
8 | pursuing a graduate or professional degree and shall also | ||||||
9 | assist program graduates to find employment at an Illinois | ||||||
10 | institution of higher education, including a community | ||||||
11 | college, in a faculty or staff position.
| ||||||
12 | "Program Board" means the entity created to administer the | ||||||
13 | grant program authorized by this Act.
| ||||||
14 | "Qualified institution of higher education" means a | ||||||
15 | qualifying publicly or privately
operated educational | ||||||
16 | institution located within Illinois (i) that
offers | ||||||
17 | instruction leading toward or prerequisite to an academic or
| ||||||
18 | professional degree beyond the baccalaureate degree, excluding | ||||||
19 | theological
schools, and (ii) that is authorized to operate in | ||||||
20 | the State of Illinois.
| ||||||
21 | "Racial minority" means a person who is a citizen of the | ||||||
22 | United
States or a lawful permanent resident alien of the | ||||||
23 | United States and who is any of the following:
| ||||||
24 | (1) American Indian or Alaska Native (a person having | ||||||
25 | origins in any of the original peoples of North and South | ||||||
26 | America, including Central America, and who maintains |
| |||||||
| |||||||
1 | tribal affiliation or community attachment). | ||||||
2 | (2) Asian (a person having origins in any of the | ||||||
3 | original peoples of the Far East, Southeast Asia, or the | ||||||
4 | Indian subcontinent, including, but not limited to, | ||||||
5 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
6 | the Philippine Islands, Thailand, and Vietnam). | ||||||
7 | (3) Black or African American (a person having origins | ||||||
8 | in any of the black racial groups of Africa). | ||||||
9 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
10 | Puerto Rican, South or Central American, or other Spanish | ||||||
11 | culture or origin, regardless of race). | ||||||
12 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
13 | person having origins in any of the original peoples of | ||||||
14 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
15 | (6) Arab (a person having origins in any of the | ||||||
16 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
17 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
18 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
19 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
20 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
21 | Section 90. The Higher Education Student Assistance Act is | ||||||
22 | amended by changing Sections 50, 65.30, and 65.110 as follows:
| ||||||
23 | (110 ILCS 947/50)
| ||||||
24 | Sec. 50. Minority Teachers of Illinois scholarship |
| |||||||
| |||||||
1 | program.
| ||||||
2 | (a) As used in this Section:
| ||||||
3 | "Eligible applicant" means a minority student who has | ||||||
4 | graduated
from high school or has received a high school | ||||||
5 | equivalency certificate
and has
maintained a cumulative | ||||||
6 | grade point average of
no
less than 2.5 on a 4.0 scale, and | ||||||
7 | who by reason thereof is entitled to
apply for | ||||||
8 | scholarships to be awarded under this Section.
| ||||||
9 | "Minority student" means a student who is any of the | ||||||
10 | following: | ||||||
11 | (1) American Indian or Alaska Native (a person | ||||||
12 | having origins in any of the original peoples of North | ||||||
13 | and South America, including Central America, and who | ||||||
14 | maintains tribal affiliation or community attachment). | ||||||
15 | (2) Asian (a person having origins in any of the | ||||||
16 | original peoples of the Far East, Southeast Asia, or | ||||||
17 | the Indian subcontinent, including, but not limited | ||||||
18 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
19 | Pakistan, the Philippine Islands, Thailand, and | ||||||
20 | Vietnam). | ||||||
21 | (3) Black or African American (a person having | ||||||
22 | origins in any of the black racial groups of Africa). | ||||||
23 | (4) Hispanic or Latino (a person of Cuban, | ||||||
24 | Mexican, Puerto Rican, South or Central American, or | ||||||
25 | other Spanish culture or origin, regardless of race). | ||||||
26 | (5) Native Hawaiian or Other Pacific Islander (a |
| |||||||
| |||||||
1 | person having origins in any of the original peoples | ||||||
2 | of Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
3 | (6) Arab (a person having origins in any of the | ||||||
4 | original peoples of Saudi Arabia, United Arab | ||||||
5 | Emirates, Iraq, Bahrain, Jordan, Comoros, Kuwait, | ||||||
6 | Lebanon, Libya, Mauritania, Morocco, Djibouti, | ||||||
7 | Somalia, Palestine, Oman, Syria, Yemen, Qatar, Sudan, | ||||||
8 | Tunisia, Egypt, or Algeria). | ||||||
9 | "Qualified bilingual minority applicant" means a | ||||||
10 | qualified student who demonstrates proficiency in a | ||||||
11 | language other than English by (i) receiving a State Seal | ||||||
12 | of Biliteracy from the State Board of Education or (ii) | ||||||
13 | receiving a passing score on an educator licensure target | ||||||
14 | language proficiency test. | ||||||
15 | "Qualified student" means a person (i) who is a | ||||||
16 | resident of this State
and a citizen or permanent resident | ||||||
17 | of the United States; (ii) who is a
minority student, as | ||||||
18 | defined in this Section; (iii) who, as an eligible
| ||||||
19 | applicant, has made a timely application for a minority | ||||||
20 | teaching
scholarship under this Section; (iv) who is | ||||||
21 | enrolled on at least a
half-time basis at a
qualified | ||||||
22 | Illinois institution of
higher learning; (v) who is | ||||||
23 | enrolled in a course of study leading to
teacher | ||||||
24 | licensure, including alternative teacher licensure, or, if | ||||||
25 | the student is already licensed to teach, in a course of | ||||||
26 | study leading to an additional teaching endorsement or a |
| |||||||
| |||||||
1 | master's degree in an academic field in which he or she is | ||||||
2 | teaching or plans to teach or who has received one or more | ||||||
3 | College and Career Pathway Endorsements pursuant to | ||||||
4 | Section 80 of the Postsecondary and Workforce Readiness | ||||||
5 | Act and commits to enrolling in a course of study leading | ||||||
6 | to teacher licensure, including alternative teacher | ||||||
7 | licensure; (vi)
who maintains a grade point average of no
| ||||||
8 | less than 2.5 on a 4.0 scale;
and (vii) who continues to | ||||||
9 | advance satisfactorily toward the attainment
of a degree.
| ||||||
10 | (b) In order to encourage academically talented Illinois | ||||||
11 | minority
students to pursue teaching careers at the preschool | ||||||
12 | or elementary or
secondary
school
level and to address and | ||||||
13 | alleviate the teacher shortage crisis in this State described | ||||||
14 | under the provisions of the Transitions in Education Act, each | ||||||
15 | qualified student shall be awarded a minority teacher
| ||||||
16 | scholarship to any qualified Illinois institution of higher | ||||||
17 | learning.
However, preference may be given to qualified | ||||||
18 | applicants enrolled at or above
the
junior level.
| ||||||
19 | (c) Each minority teacher scholarship awarded under this | ||||||
20 | Section shall
be in an amount sufficient to pay the tuition and | ||||||
21 | fees and room and board
costs of the qualified Illinois | ||||||
22 | institution of higher learning at which the
recipient is | ||||||
23 | enrolled, up to an annual maximum of $5,000;
except that
in
the | ||||||
24 | case of a recipient who does not reside on-campus at the | ||||||
25 | institution at
which he or she is enrolled, the amount of the | ||||||
26 | scholarship shall be
sufficient to pay tuition and fee |
| |||||||
| |||||||
1 | expenses and a commuter allowance, up to
an annual maximum of | ||||||
2 | $5,000.
However, if at least $2,850,000 is appropriated in a | ||||||
3 | given fiscal year for the Minority Teachers of Illinois | ||||||
4 | scholarship program, then, in each fiscal year thereafter, | ||||||
5 | each scholarship awarded under this Section shall
be in an | ||||||
6 | amount sufficient to pay the tuition and fees and room and | ||||||
7 | board
costs of the qualified Illinois institution of higher | ||||||
8 | learning at which the
recipient is enrolled, up to an annual | ||||||
9 | maximum of $7,500;
except that
in
the case of a recipient who | ||||||
10 | does not reside on-campus at the institution at
which he or she | ||||||
11 | is enrolled, the amount of the scholarship shall be
sufficient | ||||||
12 | to pay tuition and fee expenses and a commuter allowance, up to
| ||||||
13 | an annual maximum of $7,500.
| ||||||
14 | (d) The total amount of minority teacher scholarship | ||||||
15 | assistance awarded by
the Commission under this Section to an | ||||||
16 | individual in any given fiscal
year, when added to other | ||||||
17 | financial assistance awarded to that individual
for that year, | ||||||
18 | shall not exceed the cost of attendance at the institution
at | ||||||
19 | which the student is enrolled. If the amount of minority | ||||||
20 | teacher
scholarship to be awarded to a qualified student as | ||||||
21 | provided in
subsection (c) of this Section exceeds the cost of | ||||||
22 | attendance at the
institution at which the student is | ||||||
23 | enrolled, the minority teacher
scholarship shall be reduced by | ||||||
24 | an amount equal to the amount by which the
combined financial | ||||||
25 | assistance available to the student exceeds the cost
of | ||||||
26 | attendance.
|
| |||||||
| |||||||
1 | (e) The maximum number of academic terms for which a | ||||||
2 | qualified
student
can receive minority teacher scholarship | ||||||
3 | assistance shall be 8 semesters or
12 quarters.
| ||||||
4 | (f) In any academic year for which an eligible applicant | ||||||
5 | under this
Section accepts financial assistance through the | ||||||
6 | Paul Douglas Teacher
Scholarship Program, as authorized by | ||||||
7 | Section 551 et seq. of the Higher
Education Act of 1965, the | ||||||
8 | applicant shall not be eligible for scholarship
assistance | ||||||
9 | awarded under this Section.
| ||||||
10 | (g) All applications for minority teacher scholarships to | ||||||
11 | be awarded
under this Section shall be made to the Commission | ||||||
12 | on forms which the
Commission shall provide for eligible | ||||||
13 | applicants. The form of applications
and the information | ||||||
14 | required to be set forth therein shall be determined by
the | ||||||
15 | Commission, and the Commission shall require eligible | ||||||
16 | applicants to
submit with their applications such supporting | ||||||
17 | documents or recommendations
as the Commission deems | ||||||
18 | necessary.
| ||||||
19 | (h) Subject to a separate appropriation for such purposes, | ||||||
20 | payment of
any minority teacher scholarship awarded under this | ||||||
21 | Section shall be
determined by the Commission. All scholarship | ||||||
22 | funds distributed in
accordance with this subsection shall be | ||||||
23 | paid to the institution and used
only for payment of the | ||||||
24 | tuition and fee and room and board expenses
incurred by the | ||||||
25 | student in connection with his or her attendance at a | ||||||
26 | qualified Illinois institution of higher
learning. Any |
| |||||||
| |||||||
1 | minority teacher scholarship awarded under this Section
shall | ||||||
2 | be applicable to 2 semesters or 3 quarters of enrollment. If a
| ||||||
3 | qualified student withdraws from enrollment prior to | ||||||
4 | completion of the
first semester or quarter for which the | ||||||
5 | minority teacher scholarship is
applicable, the school shall | ||||||
6 | refund to the Commission the full amount of the
minority | ||||||
7 | teacher scholarship.
| ||||||
8 | (i) The Commission shall administer the minority teacher | ||||||
9 | scholarship aid
program established by this Section and shall | ||||||
10 | make all necessary and proper
rules not inconsistent with this | ||||||
11 | Section for its effective implementation.
| ||||||
12 | (j) When an appropriation to the Commission for a given | ||||||
13 | fiscal year is
insufficient to provide scholarships to all | ||||||
14 | qualified students, the
Commission shall allocate the | ||||||
15 | appropriation in accordance with this
subsection. If funds are | ||||||
16 | insufficient to provide all qualified students
with a | ||||||
17 | scholarship as authorized by this Section, the Commission | ||||||
18 | shall
allocate the available scholarship funds for that fiscal | ||||||
19 | year to qualified students who submit a complete application | ||||||
20 | form on or before a date specified by the Commission based on | ||||||
21 | the following order of priority: | ||||||
22 | (1) To students who received a scholarship under this | ||||||
23 | Section in the prior academic year and who remain eligible | ||||||
24 | for a minority teacher scholarship under this Section. | ||||||
25 | (2) Except as otherwise provided in subsection (k), to | ||||||
26 | students who demonstrate financial need, as determined by |
| |||||||
| |||||||
1 | the Commission.
| ||||||
2 | (k) Notwithstanding paragraph (2) of subsection (j), at | ||||||
3 | least 35% of the funds appropriated for
scholarships awarded | ||||||
4 | under this Section in each fiscal year shall be reserved
for | ||||||
5 | qualified male minority applicants, with priority being given | ||||||
6 | to qualified Black male applicants beginning with fiscal year | ||||||
7 | 2023.
If the Commission does not receive enough applications | ||||||
8 | from qualified male
minorities on or before
January 1 of each | ||||||
9 | fiscal year to award 35% of the funds appropriated for these
| ||||||
10 | scholarships to qualified
male minority applicants, then the | ||||||
11 | Commission may award a portion of the
reserved funds to | ||||||
12 | qualified
female minority applicants in accordance with | ||||||
13 | subsection (j).
| ||||||
14 | Beginning with fiscal year 2023, if at least $2,850,000 | ||||||
15 | but less than $4,200,000 is appropriated in a given fiscal | ||||||
16 | year for scholarships awarded under this Section, then at | ||||||
17 | least 10% of the funds appropriated shall be reserved for | ||||||
18 | qualified bilingual minority applicants, with priority being | ||||||
19 | given to qualified bilingual minority applicants who are | ||||||
20 | enrolled in an educator preparation program with a | ||||||
21 | concentration in bilingual, bicultural education. Beginning | ||||||
22 | with fiscal year 2023, if at least $4,200,000 is appropriated | ||||||
23 | in a given fiscal year for the Minority Teachers of Illinois | ||||||
24 | scholarship program, then at least 30% of the funds | ||||||
25 | appropriated shall be reserved for qualified bilingual | ||||||
26 | minority applicants, with priority being given to qualified |
| |||||||
| |||||||
1 | bilingual minority applicants who are enrolled in an educator | ||||||
2 | preparation program with a concentration in bilingual, | ||||||
3 | bicultural education. Beginning with fiscal year 2023, if at | ||||||
4 | least $2,850,000 is appropriated in a given fiscal year for | ||||||
5 | scholarships awarded under this Section but the Commission | ||||||
6 | does not receive enough applications from qualified bilingual | ||||||
7 | minority applicants on or before January 1 of that fiscal year | ||||||
8 | to award at least 10% of the funds appropriated to qualified | ||||||
9 | bilingual minority applicants, then the Commission may, in its | ||||||
10 | discretion, award a portion of the reserved funds to other | ||||||
11 | qualified students in accordance with subsection (j).
| ||||||
12 | (l) Prior to receiving scholarship assistance for any | ||||||
13 | academic year,
each recipient of a minority teacher | ||||||
14 | scholarship awarded under this Section
shall be required by | ||||||
15 | the Commission to sign an agreement under which the
recipient | ||||||
16 | pledges that, within the one-year period following the
| ||||||
17 | termination
of the program for which the recipient was awarded | ||||||
18 | a minority
teacher scholarship, the recipient (i) shall begin | ||||||
19 | teaching for a
period of not less
than one year for each year | ||||||
20 | of scholarship assistance he or she was awarded
under this | ||||||
21 | Section; (ii) shall fulfill this teaching obligation at a
| ||||||
22 | nonprofit Illinois public, private, or parochial preschool, | ||||||
23 | elementary school,
or secondary school at which no less than | ||||||
24 | 30% of the enrolled students are
minority students in the year | ||||||
25 | during which the recipient begins teaching at the
school or | ||||||
26 | may instead, if the recipient received a scholarship as a |
| |||||||
| |||||||
1 | qualified bilingual minority applicant, fulfill this teaching | ||||||
2 | obligation in a program in transitional bilingual education | ||||||
3 | pursuant to Article 14C of the School Code or in a school in | ||||||
4 | which 20 or more English learner students in the same language | ||||||
5 | classification are enrolled; and (iii) shall, upon request by | ||||||
6 | the Commission, provide the Commission
with evidence that he | ||||||
7 | or she is fulfilling or has fulfilled the terms of the
teaching | ||||||
8 | agreement provided for in this subsection.
| ||||||
9 | (m) If a recipient of a minority teacher scholarship | ||||||
10 | awarded under this
Section fails to fulfill the teaching | ||||||
11 | obligation set forth in subsection
(l) of this Section, the | ||||||
12 | Commission shall require the recipient to repay
the amount of | ||||||
13 | the scholarships received, prorated according to the fraction
| ||||||
14 | of the teaching obligation not completed, at a rate of | ||||||
15 | interest equal to
5%, and, if applicable, reasonable | ||||||
16 | collection fees.
The Commission is authorized to establish | ||||||
17 | rules relating to its collection
activities for repayment of | ||||||
18 | scholarships under this Section. All repayments
collected | ||||||
19 | under this Section shall be forwarded to the State Comptroller | ||||||
20 | for
deposit into the State's General Revenue Fund.
| ||||||
21 | (n) A recipient of minority teacher scholarship shall not | ||||||
22 | be considered
in violation of the agreement entered into | ||||||
23 | pursuant to subsection (l) if
the recipient (i) enrolls on a | ||||||
24 | full time basis as a graduate student in a
course of study | ||||||
25 | related to the field of teaching at a qualified Illinois
| ||||||
26 | institution of higher learning; (ii) is serving, not in excess |
| |||||||
| |||||||
1 | of 3 years,
as a member of the armed services of the United | ||||||
2 | States; (iii) is
a person with a temporary total disability | ||||||
3 | for a period of time not to exceed 3 years as
established by | ||||||
4 | sworn affidavit of a qualified physician; (iv) is seeking
and | ||||||
5 | unable to find full time employment as a teacher at an Illinois | ||||||
6 | public,
private, or parochial preschool or elementary or | ||||||
7 | secondary school that
satisfies the
criteria set forth in | ||||||
8 | subsection (l) of this Section and is able to provide
evidence | ||||||
9 | of that fact; (v) becomes a person with a permanent total | ||||||
10 | disability as
established by sworn affidavit of a qualified | ||||||
11 | physician; (vi) is taking additional courses, on at least a | ||||||
12 | half-time basis, needed to obtain licensure as a teacher in | ||||||
13 | Illinois; or (vii) is fulfilling teaching requirements | ||||||
14 | associated with other programs administered by the Commission | ||||||
15 | and cannot concurrently fulfill them under this Section in a | ||||||
16 | period of time equal to the length of the teaching obligation.
| ||||||
17 | (o) Scholarship recipients under this Section who withdraw | ||||||
18 | from
a program of teacher education but remain enrolled in | ||||||
19 | school
to continue their postsecondary studies in another | ||||||
20 | academic discipline shall
not be required to commence | ||||||
21 | repayment of their Minority Teachers of Illinois
scholarship | ||||||
22 | so long as they remain enrolled in school on a full-time basis | ||||||
23 | or
if they can document for the Commission special | ||||||
24 | circumstances that warrant
extension of repayment.
| ||||||
25 | (p) If the Minority Teachers of Illinois scholarship | ||||||
26 | program does not expend at least 90% of the amount |
| |||||||
| |||||||
1 | appropriated for the program in a given fiscal year for 3 | ||||||
2 | consecutive fiscal years and the Commission does not receive | ||||||
3 | enough applications from the groups identified in subsection | ||||||
4 | (k) on or before January 1 in each of those fiscal years to | ||||||
5 | meet the percentage reserved for those groups under subsection | ||||||
6 | (k), then up to 3% of amount appropriated for the program for | ||||||
7 | each of next 3 fiscal years shall be allocated to increasing | ||||||
8 | awareness of the program and for the recruitment of Black male | ||||||
9 | applicants. The Commission shall make a recommendation to the | ||||||
10 | General Assembly by January 1 of the year immediately | ||||||
11 | following the end of that third fiscal year regarding whether | ||||||
12 | the amount allocated to increasing awareness and recruitment | ||||||
13 | should continue. | ||||||
14 | (q) Each qualified Illinois institution of higher learning | ||||||
15 | that receives funds from the Minority Teachers of Illinois | ||||||
16 | scholarship program shall host an annual information session | ||||||
17 | at the institution about the program for teacher candidates of | ||||||
18 | color in accordance with rules adopted by the Commission. | ||||||
19 | Additionally, the institution shall ensure that each | ||||||
20 | scholarship recipient enrolled at the institution meets with | ||||||
21 | an academic advisor at least once per academic year to | ||||||
22 | facilitate on-time completion of the recipient's educator | ||||||
23 | preparation program. | ||||||
24 | (r) The changes made to this Section by Public Act 101-654 | ||||||
25 | this amendatory Act of the 101st General Assembly will first | ||||||
26 | take effect with awards made for the 2022-2023 academic year. |
| |||||||
| |||||||
1 | (Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22; | ||||||
2 | revised 9-28-21.)
| ||||||
3 | (110 ILCS 947/65.30)
| ||||||
4 | Sec. 65.30. Equal opportunity scholarships.
| ||||||
5 | (a) The Commission
may annually award a number of | ||||||
6 | scholarships to students who are
interested in pursuing | ||||||
7 | studies in educational administration. Such
scholarships shall | ||||||
8 | be issued to students who make application to the
Commission | ||||||
9 | and who agree to take courses at qualified
institutions of | ||||||
10 | higher learning that will allow them to complete a degree
in | ||||||
11 | educational administration.
| ||||||
12 | (b) Scholarships awarded under this Section shall be | ||||||
13 | issued pursuant to
regulations promulgated by the Commission;
| ||||||
14 | provided that no rule or regulation promulgated by the State | ||||||
15 | Board of
Education prior to the effective date of this | ||||||
16 | amendatory Act of 1993 pursuant
to the exercise of any right, | ||||||
17 | power, duty, responsibility or matter of pending
business | ||||||
18 | transferred from the State Board of Education to the | ||||||
19 | Commission under
this Section shall be affected thereby, and | ||||||
20 | all such rules and regulations
shall become the rules and | ||||||
21 | regulations of the Commission until modified or
changed by the | ||||||
22 | Commission in accordance with law.
| ||||||
23 | (c) Such scholarships shall be utilized for the payment of
| ||||||
24 | tuition and non-revenue bond fees at any qualified institution | ||||||
25 | of higher
learning. Such tuition and fees shall only be |
| |||||||
| |||||||
1 | available for courses that
will enable the student to complete | ||||||
2 | training in educational
administration. The Commission shall | ||||||
3 | determine which courses
are eligible for tuition payments | ||||||
4 | under this Section.
| ||||||
5 | (d) The Commission may make tuition payments directly to
| ||||||
6 | the qualified institution of higher learning which the student | ||||||
7 | attends for
the courses prescribed or may make payments to the | ||||||
8 | student. Any student
who receives payments and who fails to | ||||||
9 | enroll in the courses prescribed
shall refund the payments to | ||||||
10 | the Commission.
| ||||||
11 | (e) The Commission, with the cooperation of the State | ||||||
12 | Board of Education,
shall assist students who have
| ||||||
13 | participated in the scholarship program established by this | ||||||
14 | Section in
finding employment in positions relating to | ||||||
15 | educational administration.
| ||||||
16 | (f) Appropriations for the scholarships outlined in this | ||||||
17 | Section shall be
made to the Commission from funds | ||||||
18 | appropriated by the General Assembly.
| ||||||
19 | (g) This Section is substantially the same as Section | ||||||
20 | 30-4d of the School
Code,
which Section is repealed by this | ||||||
21 | amendatory Act of 1993, and shall be
construed as a | ||||||
22 | continuation of the equal opportunity scholarship program
| ||||||
23 | established under that prior law, and not as a new or different | ||||||
24 | equal
opportunity scholarship program. The State Board of | ||||||
25 | Education shall transfer
to the Commission, as the
successor | ||||||
26 | to the State Board of Education for all purposes of |
| |||||||
| |||||||
1 | administering
and implementing the provisions of this Section, | ||||||
2 | all books, accounts, records,
papers, documents, contracts, | ||||||
3 | agreements, and pending business in any way
relating to the | ||||||
4 | equal opportunity scholarship program continued under this
| ||||||
5 | Section;
and all scholarships at any time awarded under that | ||||||
6 | program
by, and all applications for any such scholarship
at | ||||||
7 | any
time made to, the State Board of Education shall be | ||||||
8 | unaffected by the transfer
to the Commission of all | ||||||
9 | responsibility for the administration and
implementation of | ||||||
10 | the equal opportunity scholarship
program continued under this
| ||||||
11 | Section. The State Board of Education shall furnish to the | ||||||
12 | Commission such
other information as the Commission may | ||||||
13 | request to assist it in administering
this Section.
| ||||||
14 | (h) For purposes of this Section:
| ||||||
15 | (1) "Qualified institution of higher learning" means | ||||||
16 | the University of
Illinois; Southern Illinois University; | ||||||
17 | Chicago State University; Eastern
Illinois University; | ||||||
18 | Governors State University; Illinois State University;
| ||||||
19 | Northeastern Illinois University; Northern Illinois | ||||||
20 | University; Western
Illinois University; the public | ||||||
21 | community colleges of the State; any
other public | ||||||
22 | universities, colleges and community colleges now or | ||||||
23 | hereafter
established or authorized by the General | ||||||
24 | Assembly; and any Illinois privately
operated, not for | ||||||
25 | profit institution located in this State which provides
at | ||||||
26 | least an organized 2-year program of collegiate grade in |
| |||||||
| |||||||
1 | liberal arts
or sciences, or both, directly applicable | ||||||
2 | toward the attainment of a
baccalaureate or graduate | ||||||
3 | degree.
| ||||||
4 | (2) "Racial minority" means a person who is any of the | ||||||
5 | following:
| ||||||
6 | (1) American Indian or Alaska Native (a person | ||||||
7 | having origins in any of the original peoples of North | ||||||
8 | and South America, including Central America, and who | ||||||
9 | maintains tribal affiliation or community attachment). | ||||||
10 | (2) Asian (a person having origins in any of the | ||||||
11 | original peoples of the Far East, Southeast Asia, or | ||||||
12 | the Indian subcontinent, including, but not limited | ||||||
13 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
14 | Pakistan, the Philippine Islands, Thailand, and | ||||||
15 | Vietnam). | ||||||
16 | (3) Black or African American (a person having | ||||||
17 | origins in any of the black racial groups of Africa). | ||||||
18 | (4) Hispanic or Latino (a person of Cuban, | ||||||
19 | Mexican, Puerto Rican, South or Central American, or | ||||||
20 | other Spanish culture or origin, regardless of race). | ||||||
21 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
22 | person having origins in any of the original peoples | ||||||
23 | of Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
24 | (6) Arab (a person having origins in any of the | ||||||
25 | original peoples of Saudi Arabia, United Arab | ||||||
26 | Emirates, Iraq, Bahrain, Jordan, Comoros, Kuwait, |
| |||||||
| |||||||
1 | Lebanon, Libya, Mauritania, Morocco, Djibouti, | ||||||
2 | Somalia, Palestine, Oman, Syria, Yemen, Qatar, Sudan, | ||||||
3 | Tunisia, Egypt, or Algeria).
| ||||||
4 | (3) "Student" means a woman or racial minority.
| ||||||
5 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
6 | (110 ILCS 947/65.110) | ||||||
7 | Sec. 65.110. Post-Master of Social Work School Social Work | ||||||
8 | Professional Educator License scholarship. | ||||||
9 | (a) Subject to appropriation, beginning with awards for | ||||||
10 | the 2022-2023 academic year, the Commission shall award | ||||||
11 | annually up to 250 Post-Master of Social Work School Social | ||||||
12 | Work Professional Educator License scholarships to a person | ||||||
13 | who: | ||||||
14 | (1) holds a valid Illinois-licensed clinical social | ||||||
15 | work license or social work license; | ||||||
16 | (2) has obtained a master's degree in social work from | ||||||
17 | an approved program; | ||||||
18 | (3) is a United States citizen or eligible noncitizen; | ||||||
19 | and | ||||||
20 | (4) submits an application to the Commission for such | ||||||
21 | scholarship and agrees to take courses to obtain an | ||||||
22 | Illinois Professional Educator License with an endorsement | ||||||
23 | in School Social Work. | ||||||
24 | (b) If an appropriation for this Section for a given | ||||||
25 | fiscal year is insufficient to provide scholarships to all |
| |||||||
| |||||||
1 | qualified applicants, the Commission shall allocate the | ||||||
2 | appropriation in accordance with this subsection (b). If funds | ||||||
3 | are insufficient to provide all qualified applicants with a | ||||||
4 | scholarship as authorized by this Section, the Commission | ||||||
5 | shall allocate the available scholarship funds for that fiscal | ||||||
6 | year to qualified applicants who submit a complete application | ||||||
7 | on or before a date specified by the Commission, based on the | ||||||
8 | following order of priority: | ||||||
9 | (1) firstly, to students who received a scholarship | ||||||
10 | under this Section in the prior academic year and who | ||||||
11 | remain eligible for a scholarship under this Section; | ||||||
12 | (2) secondly, to new, qualified applicants who are | ||||||
13 | members of a racial minority, as defined in subsection | ||||||
14 | (c); and | ||||||
15 | (3) finally, to other new, qualified applicants in | ||||||
16 | accordance with this Section. | ||||||
17 | (c) Scholarships awarded under this Section shall be | ||||||
18 | issued pursuant to rules adopted by the Commission. In | ||||||
19 | awarding scholarships, the Commission shall give priority to | ||||||
20 | those applicants who are members of a racial minority. Racial | ||||||
21 | minorities are underrepresented as school social workers in | ||||||
22 | elementary and secondary schools in this State, and the | ||||||
23 | General Assembly finds that it is in the interest of this State | ||||||
24 | to provide them with priority consideration for programs that | ||||||
25 | encourage their participation in this field and thereby foster | ||||||
26 | a profession that is more reflective of the diversity of |
| |||||||
| |||||||
1 | Illinois students and the parents they will serve. A more | ||||||
2 | reflective workforce in school social work allows improved | ||||||
3 | outcomes for students and a better utilization of services. | ||||||
4 | Therefore, the Commission shall give priority to those | ||||||
5 | applicants who are members of a racial minority. In this | ||||||
6 | subsection (c), "racial minority" means a person who is a | ||||||
7 | citizen of the United States or a lawful permanent resident | ||||||
8 | alien of the United States and who is: | ||||||
9 | (1) Black (a person having origins in any of the black | ||||||
10 | racial groups in Africa); | ||||||
11 | (2) Hispanic (a person of Spanish or Portuguese | ||||||
12 | culture with origins in Mexico, South or Central America, | ||||||
13 | or the Caribbean Islands, regardless of race); | ||||||
14 | (3) Asian American (a person having origins in any of | ||||||
15 | the original peoples of the Far East, Southeast Asia, the | ||||||
16 | Indian Subcontinent, or the Pacific Islands); or | ||||||
17 | (4) American Indian or Alaskan Native (a person having | ||||||
18 | origins in any of the original peoples of North America) ; | ||||||
19 | or . | ||||||
20 | (5) Arab (a person having origins in any of the | ||||||
21 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
22 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
23 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
24 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
25 | (d) Each scholarship shall be applied to the payment of | ||||||
26 | tuition and mandatory fees at the University of Illinois, |
| |||||||
| |||||||
1 | Southern Illinois University, Chicago State University, | ||||||
2 | Eastern Illinois University, Governors State University, | ||||||
3 | Illinois State University, Northeastern Illinois University, | ||||||
4 | Northern Illinois University, and Western Illinois University. | ||||||
5 | Each scholarship may be applied to pay tuition and mandatory | ||||||
6 | fees required to obtain an Illinois Professional Educator | ||||||
7 | License with an endorsement in School Social Work. | ||||||
8 | (e) The Commission shall make tuition and fee payments | ||||||
9 | directly to the qualified institution of higher learning that | ||||||
10 | the applicant attends. | ||||||
11 | (f) Any person who has accepted a scholarship under this | ||||||
12 | Section must, within one year after graduation or termination | ||||||
13 | of enrollment in a Post-Master of Social Work Professional | ||||||
14 | Education License with an endorsement in School Social Work | ||||||
15 | program, begin working as a school social worker at a public or | ||||||
16 | nonpublic not-for-profit preschool, elementary school, or | ||||||
17 | secondary school located in this State for at least 2 of the 5 | ||||||
18 | years immediately following that graduation or termination, | ||||||
19 | excluding, however, from the computation of that 5-year | ||||||
20 | period: (i) any time up to 3 years spent in the military | ||||||
21 | service, whether such service occurs before or after the | ||||||
22 | person graduates; (ii) the time that person is a person with a | ||||||
23 | temporary total disability for a period of time not to exceed 3 | ||||||
24 | years, as established by the sworn affidavit of a qualified | ||||||
25 | physician; and (iii) the time that person is seeking and | ||||||
26 | unable to find full-time employment as a school social worker |
| |||||||
| |||||||
1 | at a State public or nonpublic not-for-profit preschool, | ||||||
2 | elementary school, or secondary school. | ||||||
3 | (g) If a recipient of a scholarship under this Section | ||||||
4 | fails to fulfill the work obligation set forth in subsection | ||||||
5 | (f), the Commission shall require the recipient to repay the | ||||||
6 | amount of the scholarships received, prorated according to the | ||||||
7 | fraction of the obligation not completed, at a rate of | ||||||
8 | interest equal to 5%, and, if applicable, reasonable | ||||||
9 | collection fees. The Commission is authorized to establish | ||||||
10 | rules relating to its collection activities for repayment of | ||||||
11 | scholarships under this Section. All repayments collected | ||||||
12 | under this Section shall be forwarded to the State Comptroller | ||||||
13 | for deposit into this State's General Revenue Fund. | ||||||
14 | A recipient of a scholarship under this Section is not | ||||||
15 | considered to be in violation of the failure to fulfill the | ||||||
16 | work obligation under subsection (f) if the recipient (i) | ||||||
17 | enrolls on a full-time basis as a graduate student in a course | ||||||
18 | of study related to the field of social work at a qualified | ||||||
19 | Illinois institution of higher learning; (ii) is serving, not | ||||||
20 | in excess of 3 years, as a member of the armed services of the | ||||||
21 | United States; (iii) is a person with a temporary total | ||||||
22 | disability for a period of time not to exceed 3 years, as | ||||||
23 | established by the sworn affidavit of a qualified physician; | ||||||
24 | (iv) is seeking and unable to find full-time employment as a | ||||||
25 | school social worker at an Illinois public or nonpublic | ||||||
26 | not-for-profit preschool, elementary school, or secondary |
| |||||||
| |||||||
1 | school that satisfies the criteria set forth in subsection (f) | ||||||
2 | and is able to provide evidence of that fact; or (v) becomes a | ||||||
3 | person with a permanent total disability, as established by | ||||||
4 | the sworn affidavit of a qualified physician.
| ||||||
5 | (Source: P.A. 102-621, eff. 1-1-22.)
| ||||||
6 | Section 95. The Illinois Insurance Code is amended by | ||||||
7 | changing Section 500-50 as follows:
| ||||||
8 | (215 ILCS 5/500-50)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
10 | Sec. 500-50. Insurance producers; examination statistics.
| ||||||
11 | (a) The use of examinations for the purpose of determining | ||||||
12 | qualifications of
persons
to be licensed as insurance | ||||||
13 | producers has a direct and far-reaching effect on
persons | ||||||
14 | seeking
those licenses, on insurance companies, and on the | ||||||
15 | public. It is in the public
interest and it will
further the | ||||||
16 | public welfare to insure that examinations for licensing do | ||||||
17 | not
have the effect of
unlawfully discriminating against | ||||||
18 | applicants for licensing as insurance
producers on the basis | ||||||
19 | of
race, color, national origin, or sex.
| ||||||
20 | (b) As used in this Section, the following words have the | ||||||
21 | meanings given in
this
subsection.
| ||||||
22 | Examination. "Examination" means the examination in each | ||||||
23 | line of insurance
administered pursuant to Section 500-30.
| ||||||
24 | Examinee. "Examinee" means a person who takes an |
| |||||||
| |||||||
1 | examination.
| ||||||
2 | Part. "Part" means a portion of an examination for which a | ||||||
3 | score is
calculated.
| ||||||
4 | Operational item. "Operational item" means a test question | ||||||
5 | considered in
determining an
examinee's score.
| ||||||
6 | Test form. "Test form" means the test booklet or | ||||||
7 | instrument used for a part
of
an
examination.
| ||||||
8 | Pretest item. "Pretest item" means a prospective test | ||||||
9 | question that is
included
in a test
form in order to assess its | ||||||
10 | performance, but is not considered in determining
an | ||||||
11 | examinee's score.
| ||||||
12 | Minority group or examinees. "Minority group" or "minority | ||||||
13 | examinees" means
examinees who are American Indian or Alaska | ||||||
14 | Native, Asian, Black or African American, Hispanic or Latino, | ||||||
15 | or Native Hawaiian or Other Pacific Islander , or Arab .
| ||||||
16 | Correct-answer rate. "Correct-answer rate" for an item | ||||||
17 | means the number of
examinees
who provided the correct answer | ||||||
18 | on an item divided by the number of examinees
who answered
the | ||||||
19 | item.
| ||||||
20 | Correlation. "Correlation" means a statistical measure of | ||||||
21 | the relationship
between
performance on an item and | ||||||
22 | performance on a part of the examination.
| ||||||
23 | (c) The Director shall ask each examinee to self-report on | ||||||
24 | a voluntary basis
on the
answer sheet, application form, or by | ||||||
25 | other appropriate means, the following
information:
| ||||||
26 | (1) race or ethnicity (American Indian or Alaska |
| |||||||
| |||||||
1 | Native, Asian, Black or African American, Hispanic or | ||||||
2 | Latino, Native Hawaiian or Other Pacific Islander, Arab, | ||||||
3 | or White);
| ||||||
4 | (2) education (8th grade or less; less than 12th | ||||||
5 | grade; high school
diploma or high school equivalency | ||||||
6 | certificate; some college, but no 4-year degree; or 4-year | ||||||
7 | degree or more); and
| ||||||
8 | (3) gender (male or female).
| ||||||
9 | The Director must advise all examinees that they are not | ||||||
10 | required to provide
this
information, that they will not be | ||||||
11 | penalized for not doing so, and that the
Director will use the
| ||||||
12 | information provided exclusively for research and statistical | ||||||
13 | purposes and to
improve the quality
and fairness of the | ||||||
14 | examinations.
| ||||||
15 | (d) No later than May 1 of each year, the Director must | ||||||
16 | prepare, publicly
announce,
and publish an Examination Report | ||||||
17 | of summary statistical information relating
to each
| ||||||
18 | examination administered during the preceding calendar year. | ||||||
19 | Each Examination
Report shall
show with respect to each | ||||||
20 | examination:
| ||||||
21 | (1) For all examinees combined and separately by race | ||||||
22 | or ethnicity, by
educational level, by gender, by | ||||||
23 | educational level within race or ethnicity, by
education
| ||||||
24 | level within gender, and by race or ethnicity within | ||||||
25 | gender:
| ||||||
26 | (A) number of examinees;
|
| |||||||
| |||||||
1 | (B) percentage and number of examinees who passed | ||||||
2 | each part;
| ||||||
3 | (C) percentage and number of examinees who passed | ||||||
4 | all parts;
| ||||||
5 | (D) mean scaled scores on each part; and
| ||||||
6 | (E) standard deviation of scaled scores on each | ||||||
7 | part.
| ||||||
8 | (2) For male examinees, female examinees, Black or | ||||||
9 | African American examinees,
white examinees, American | ||||||
10 | Indian or Alaska Native examinees, Asian examinees, | ||||||
11 | Hispanic or Latino
examinees, and Native Hawaiian or Other | ||||||
12 | Pacific Islander examinees, and Arab examinees , | ||||||
13 | respectively, with a high school diploma or high school | ||||||
14 | equivalency certificate, the distribution
of scaled
scores | ||||||
15 | on each part.
| ||||||
16 | No later than May 1 of each year, the Director must prepare | ||||||
17 | and make
available on
request an Item Report of summary | ||||||
18 | statistical information relating to each
operational item on
| ||||||
19 | each test form administered during the preceding calendar | ||||||
20 | year. The Item Report
shall show, for
each operational item, | ||||||
21 | for all examinees combined and separately for Black or African
| ||||||
22 | American
examinees, white examinees, American Indian or Alaska | ||||||
23 | Native examinees, Asian examinees,
Hispanic or Latino | ||||||
24 | examinees, and Native Hawaiian or Other Pacific Islander | ||||||
25 | examinees, and Arab examinees , the correct-answer rates and | ||||||
26 | correlations.
|
| |||||||
| |||||||
1 | The Director is not required to report separate | ||||||
2 | statistical information
for any group or
subgroup comprising | ||||||
3 | fewer than 50 examinees.
| ||||||
4 | (e) The Director must obtain a regular analysis of the | ||||||
5 | data collected under
this
Section, and any other relevant | ||||||
6 | information, for purposes of the development of
new test | ||||||
7 | forms.
The analysis shall continue the implementation of the | ||||||
8 | item selection
methodology as
recommended in the Final Report | ||||||
9 | of the Illinois Insurance Producer's Licensing
Examination
| ||||||
10 | Advisory Committee dated November 19, 1991, and filed with the | ||||||
11 | Department
unless some other
methodology is determined by the | ||||||
12 | Director to be as effective in minimizing
differences between
| ||||||
13 | white and minority examinee pass-fail rates.
| ||||||
14 | (f) The Director has the discretion to set cutoff scores | ||||||
15 | for the
examinations, provided
that scaled scores on test | ||||||
16 | forms administered after July 1, 1993, shall be made
| ||||||
17 | comparable to
scaled scores on test forms administered in 1991 | ||||||
18 | by use of professionally
acceptable methods so
as to minimize | ||||||
19 | changes in passing rates related to the presence or absence of
| ||||||
20 | or changes in
equating or scaling equations or methods or | ||||||
21 | content outlines. Each calendar
year, the scaled
cutoff score | ||||||
22 | for each part of each examination shall fluctuate by no more | ||||||
23 | than
the standard error
of measurement from the scaled cutoff | ||||||
24 | score employed during the preceding year.
| ||||||
25 | (g) No later than May 1, 2003 and no later than May 1 of | ||||||
26 | every fourth year
thereafter,
the Director must release to the |
| |||||||
| |||||||
1 | public and make generally available one
representative test | ||||||
2 | form
and set of answer keys for each part of each examination.
| ||||||
3 | (h) The Director must maintain, for a period of 3 years | ||||||
4 | after they are
prepared or
used, all registration forms, test | ||||||
5 | forms, answer sheets, operational items and
pretest items, | ||||||
6 | item
analyses, and other statistical analyses relating to the | ||||||
7 | examinations. All
personal identifying
information regarding | ||||||
8 | examinees and the content of test items must be
maintained | ||||||
9 | confidentially
as necessary for purposes of protecting the | ||||||
10 | personal privacy of examinees and
the maintenance of
test | ||||||
11 | security.
| ||||||
12 | (i) In administering the examinations, the Director must | ||||||
13 | make such
accommodations
for examinees with disabilities as | ||||||
14 | are reasonably warranted by the particular disability
| ||||||
15 | involved,
including the provision of additional time if | ||||||
16 | necessary to complete an
examination or special
assistance in | ||||||
17 | taking an examination. | ||||||
18 | (j) For the purposes of this Section:
| ||||||
19 | (1) "American Indian or Alaska Native" means a person | ||||||
20 | having origins in any of the original peoples of North and | ||||||
21 | South America, including Central America, and who | ||||||
22 | maintains tribal affiliation or community attachment. | ||||||
23 | (2) "Asian" means a person having origins in any of | ||||||
24 | the original peoples of the Far East, Southeast Asia, or | ||||||
25 | the Indian subcontinent, including, but not limited to, | ||||||
26 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
| |||||||
| |||||||
1 | the Philippine Islands, Thailand, and Vietnam. | ||||||
2 | (3) "Black or African American" means a person having | ||||||
3 | origins in any of the black racial groups of Africa. | ||||||
4 | (4) "Hispanic or Latino" means a person of Cuban, | ||||||
5 | Mexican, Puerto Rican, South or Central American, or other | ||||||
6 | Spanish culture or origin, regardless of race. | ||||||
7 | (5) "Native Hawaiian or Other Pacific Islander" means | ||||||
8 | a person having origins in any of the original peoples of | ||||||
9 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
10 | (5.5) "Arab" means a person having origins in any of | ||||||
11 | the original peoples of Saudi Arabia, United Arab | ||||||
12 | Emirates, Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, | ||||||
13 | Libya, Mauritania, Morocco, Djibouti, Somalia, Palestine, | ||||||
14 | Oman, Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or | ||||||
15 | Algeria. | ||||||
16 | (6) "White" means a person having origins in any of | ||||||
17 | the original peoples of Europe, the Middle East, or North | ||||||
18 | Africa. | ||||||
19 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
20 | Section 100. The Illinois Public Aid Code is amended by | ||||||
21 | changing Sections 4-23 and 12-4.48 as follows:
| ||||||
22 | (305 ILCS 5/4-23)
| ||||||
23 | Sec. 4-23. Civil rights impact statement. | ||||||
24 | (a) The Department of Human Services
must
submit to the |
| |||||||
| |||||||
1 | Governor and the General Assembly
on January 1 of each | ||||||
2 | even-numbered year a written report
that details the disparate | ||||||
3 | impact of various
provisions of the TANF program on people of | ||||||
4 | different racial or ethnic
groups
who
identify themselves in | ||||||
5 | an application for benefits as any of the following: | ||||||
6 | (1) American Indian or Alaska Native (a person having | ||||||
7 | origins in any of the original peoples of North and South | ||||||
8 | America, including Central America, and who maintains | ||||||
9 | tribal affiliation or community attachment). | ||||||
10 | (2) Asian (a person having origins in any of the | ||||||
11 | original peoples of the Far East, Southeast Asia, or the | ||||||
12 | Indian subcontinent, including, but not limited to, | ||||||
13 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
14 | the Philippine Islands, Thailand, and Vietnam). | ||||||
15 | (3) Black or African American (a person having origins | ||||||
16 | in any of the black racial groups of Africa). | ||||||
17 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
18 | Puerto Rican, South or Central American, or other Spanish | ||||||
19 | culture or origin, regardless of race). | ||||||
20 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
21 | person having origins in any of the original peoples of | ||||||
22 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
23 | (5.5) Arab (a person having origins in any of the | ||||||
24 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
25 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
26 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, |
| |||||||
| |||||||
1 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
2 | (6) White (a person having origins in any of the | ||||||
3 | original peoples of Europe, the Middle East, or North | ||||||
4 | Africa).
| ||||||
5 | (b) The report must
at least compare the
number of
persons | ||||||
6 | in each group:
| ||||||
7 | (1) who are receiving TANF assistance;
| ||||||
8 | (2) whose 60-month lifetime limit on receiving | ||||||
9 | assistance has expired;
| ||||||
10 | (3) who have left TANF due to earned income;
| ||||||
11 | (4) who have left TANF due to non-compliance with | ||||||
12 | program rules;
| ||||||
13 | (5) whose TANF grants have been reduced by sanctions | ||||||
14 | for non-compliance
with program rules;
| ||||||
15 | (6) who have returned to TANF 6 months after leaving | ||||||
16 | due to earned
income;
| ||||||
17 | (7) who have returned to TANF 12 months after leaving | ||||||
18 | due to earned
income;
| ||||||
19 | (8) who have one or more children excluded from | ||||||
20 | receiving TANF
cash assistance due to the child exclusion | ||||||
21 | rule;
| ||||||
22 | (9) who have been granted an exemption from work | ||||||
23 | requirements; and
| ||||||
24 | (10) who are participating in post-secondary education
| ||||||
25 | activities.
| ||||||
26 | (Source: P.A. 102-465, eff. 1-1-22 .)
|
| |||||||
| |||||||
1 | (305 ILCS 5/12-4.48) | ||||||
2 | Sec. 12-4.48. Long-Term Services and Supports Disparities | ||||||
3 | Task Force. | ||||||
4 | (a) The Department of Healthcare and Family Services shall | ||||||
5 | establish a Long-Term Services and Supports Disparities Task | ||||||
6 | Force. | ||||||
7 | (b) Members of the Task Force shall be appointed by the | ||||||
8 | Director of the Department of Healthcare and Family Services | ||||||
9 | and shall include representatives of the following agencies, | ||||||
10 | organizations, or groups: | ||||||
11 | (1) The Governor's office. | ||||||
12 | (2) The Department of Healthcare and Family Services. | ||||||
13 | (3) The Department of Human Services. | ||||||
14 | (4) The Department on Aging. | ||||||
15 | (5) The Department of Human Rights. | ||||||
16 | (6) Area Agencies on Aging. | ||||||
17 | (7) The Department of Public Health. | ||||||
18 | (8) Managed Care Plans. | ||||||
19 | (9) The for-profit urban nursing home or assisted | ||||||
20 | living industry. | ||||||
21 | (10) The for-profit rural nursing home or assisted | ||||||
22 | living industry. | ||||||
23 | (11) The not-for-profit nursing home or assisted | ||||||
24 | living industry. | ||||||
25 | (12) The home care association or home care industry. |
| |||||||
| |||||||
1 | (13) The adult day care association or adult day care | ||||||
2 | industry. | ||||||
3 | (14) An association representing workers who provide | ||||||
4 | long-term services and supports. | ||||||
5 | (15) A representative of providers that serve the | ||||||
6 | predominantly ethnic minority populations. | ||||||
7 | (16) Case Management Organizations. | ||||||
8 | (17) Three consumer representatives which may include | ||||||
9 | a consumer of long-term services and supports or an | ||||||
10 | individual who advocates for such consumers. For purposes | ||||||
11 | of this provision, "consumer representative" means a | ||||||
12 | person who is not an elected official and who has no | ||||||
13 | financial interest in a health or long-term care delivery | ||||||
14 | system. | ||||||
15 | (c) The Task Force shall not meet unless all consumer | ||||||
16 | representative positions are filled. The Task Force shall | ||||||
17 | reflect diversity in race, ethnicity, and gender. | ||||||
18 | (d) The Chair of the Task Force shall be appointed by the | ||||||
19 | Director of the Department of Healthcare and Family Services. | ||||||
20 | (e) The Director of the Department of Healthcare and | ||||||
21 | Family Services shall assign appropriate staff and resources | ||||||
22 | to support the efforts of the Task Force. The Task Force shall | ||||||
23 | meet as often as necessary but not less than 4 times per | ||||||
24 | calendar year. | ||||||
25 | (f) The Task Force shall promote and facilitate | ||||||
26 | communication, coordination, and collaboration among relevant |
| |||||||
| |||||||
1 | State agencies and communities of color, limited | ||||||
2 | English-speaking communities, and the private and public | ||||||
3 | entities providing services to those communities. | ||||||
4 | (g) The Task Force shall do all of the following: | ||||||
5 | (1) Document the number and types of Long-Term | ||||||
6 | Services and Supports (LTSS) providers in the State and | ||||||
7 | the number of clients served in each setting. | ||||||
8 | (2) Document the number and racial profiles of | ||||||
9 | residents using LTSS, including, but not limited to, | ||||||
10 | residential nursing facilities, assisted living | ||||||
11 | facilities, adult day care, home health services, and | ||||||
12 | other home and community based long-term care services. | ||||||
13 | (3) Document the number and profiles of family or | ||||||
14 | informal caregivers who provide care for minority elders. | ||||||
15 | (4) Compare data over multiple years to identify | ||||||
16 | trends in the delivery of LTSS for each racial or ethnic | ||||||
17 | category including: Alaskan Native or American Indian, | ||||||
18 | Asian or Pacific Islander, black or African American, | ||||||
19 | Hispanic, Arab, or white. | ||||||
20 | (5) Identify any racial disparities in the provision | ||||||
21 | of care in various LTSS settings and determine factors | ||||||
22 | that might influence the disparities found. | ||||||
23 | (6) Identify any disparities uniquely experienced in | ||||||
24 | metropolitan or rural areas and make recommendations to | ||||||
25 | address these areas. | ||||||
26 | (7) Assess whether the LTSS industry, including |
| |||||||
| |||||||
1 | managed care plans and independent providers, is equipped | ||||||
2 | to offer culturally sensitive, competent, and | ||||||
3 | linguistically appropriate care to meet the needs of a | ||||||
4 | diverse aging population and their informal and formal | ||||||
5 | caregivers. | ||||||
6 | (8) Consider whether to recommend that the State | ||||||
7 | require all home and community based services as a | ||||||
8 | condition of licensure to report data similar to that | ||||||
9 | gathered under the Minimum Data Set and required when a | ||||||
10 | new resident is admitted to a nursing home. | ||||||
11 | (9) Identify and prioritize recommendations for | ||||||
12 | actions to be taken by the State to address disparity | ||||||
13 | issues identified in the course of these studies. | ||||||
14 | (10) Monitor the progress of the State in eliminating | ||||||
15 | racial disparities in the delivery of LTSS. | ||||||
16 | (h) The Task Force shall conduct public hearings, | ||||||
17 | inquiries, studies, and other forms of information gathering | ||||||
18 | to identify how the actions of State government contribute to | ||||||
19 | or reduce racial disparities in long-term care settings. | ||||||
20 | (i) The Task Force shall report its findings and | ||||||
21 | recommendations to the Governor and the General Assembly no | ||||||
22 | later than one year after the effective date of this | ||||||
23 | amendatory Act of the 98th General Assembly. Annual reports | ||||||
24 | shall be issued every year thereafter and shall include | ||||||
25 | documentation of progress made to eliminate disparities in | ||||||
26 | long-term care service settings.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-825, eff. 8-1-14; 99-78, eff. 7-20-15.)
| ||||||
2 | Section 105. The Farmer Equity Act is amended by changing | ||||||
3 | Section 10 as follows:
| ||||||
4 | (505 ILCS 72/10)
| ||||||
5 | Sec. 10. Definitions.
In this Act: | ||||||
6 | "Department" means the Department of Agriculture. | ||||||
7 | "Director" means the Director of Agriculture. | ||||||
8 | "Socially disadvantaged farmers" means a farmer who is a | ||||||
9 | member of a socially disadvantaged group. | ||||||
10 | "Socially disadvantaged group" means a group whose members | ||||||
11 | have been subjected to racial, ethnic, or gender prejudice | ||||||
12 | because of their identity as members of a group without regard | ||||||
13 | to that member's personal qualities. "Socially disadvantaged | ||||||
14 | group" includes, but is not limited to, African Americans, | ||||||
15 | Native Indians, Alaskan Natives, Hispanics, Asian Americans, | ||||||
16 | and Pacific Islanders , and Arabs . | ||||||
17 | "Urbanized area" means a geographic location with a | ||||||
18 | population of at least 50,000 people.
| ||||||
19 | (Source: P.A. 100-1039, eff. 8-23-18.)
| ||||||
20 | Section 110. The Illinois Vehicle Code is amended by | ||||||
21 | changing Section 11-212 as follows:
| ||||||
22 | (625 ILCS 5/11-212)
|
| |||||||
| |||||||
1 | Sec. 11-212. Traffic and pedestrian stop statistical | ||||||
2 | study.
| ||||||
3 | (a) Whenever a State or local law enforcement officer | ||||||
4 | issues a
uniform traffic citation or warning citation for an | ||||||
5 | alleged
violation of the Illinois Vehicle Code, he or she | ||||||
6 | shall
record at least the following:
| ||||||
7 | (1) the name, address, gender, and
the officer's | ||||||
8 | subjective determination of the race of
the person
| ||||||
9 | stopped; the person's race shall be selected from the | ||||||
10 | following list:
American Indian or Alaska Native, Asian, | ||||||
11 | Black or African American, Hispanic or Latino, Native | ||||||
12 | Hawaiian or Other Pacific Islander, Arab, or White;
| ||||||
13 | (2) the alleged traffic violation that led to the
stop | ||||||
14 | of the motorist;
| ||||||
15 | (3) the make and year of the vehicle
stopped;
| ||||||
16 | (4) the date and time of the stop, beginning when the | ||||||
17 | vehicle was stopped and ending when the driver is free to | ||||||
18 | leave or taken into physical custody;
| ||||||
19 | (5) the location of the traffic stop; | ||||||
20 | (5.5) whether or not a consent search contemporaneous | ||||||
21 | to the stop was requested of the vehicle, driver, | ||||||
22 | passenger, or passengers; and, if so, whether consent was | ||||||
23 | given or denied;
| ||||||
24 | (6) whether or not a search contemporaneous to the | ||||||
25 | stop was conducted of
the
vehicle, driver, passenger, or | ||||||
26 | passengers; and, if so, whether it was with
consent or by |
| |||||||
| |||||||
1 | other means; | ||||||
2 | (6.2) whether or not a police dog performed a sniff of | ||||||
3 | the vehicle; and, if so, whether or not the dog alerted to | ||||||
4 | the presence of contraband; and, if so, whether or not an | ||||||
5 | officer searched the vehicle; and, if so, whether or not | ||||||
6 | contraband was discovered; and, if so, the type and amount | ||||||
7 | of contraband; | ||||||
8 | (6.5) whether or not contraband was found during a | ||||||
9 | search; and, if so, the type and amount of contraband | ||||||
10 | seized; and
| ||||||
11 | (7) the name and badge number of the issuing officer.
| ||||||
12 | (b) Whenever a State or local law enforcement officer | ||||||
13 | stops a
motorist for an alleged violation of the Illinois | ||||||
14 | Vehicle Code
and does not issue a uniform traffic citation or
| ||||||
15 | warning citation for an alleged violation of the Illinois
| ||||||
16 | Vehicle Code, he or she shall complete a uniform stop card, | ||||||
17 | which includes
field
contact cards, or any other existing form | ||||||
18 | currently used by law enforcement
containing
information | ||||||
19 | required pursuant to this Act,
that records
at least the | ||||||
20 | following:
| ||||||
21 | (1) the name, address, gender,
and
the officer's | ||||||
22 | subjective determination of the race of the person
| ||||||
23 | stopped; the person's race shall be selected from the | ||||||
24 | following list:
American Indian or Alaska Native, Asian, | ||||||
25 | Black or African American, Hispanic or Latino, Native | ||||||
26 | Hawaiian or Other Pacific Islander, Arab, or White;
|
| |||||||
| |||||||
1 | (2) the reason that led to the stop of the
motorist;
| ||||||
2 | (3) the make and year of the vehicle
stopped;
| ||||||
3 | (4) the date and time of the stop, beginning when the | ||||||
4 | vehicle was stopped and ending when the driver is free to | ||||||
5 | leave or taken into physical custody;
| ||||||
6 | (5) the location of the traffic stop; | ||||||
7 | (5.5) whether or not a consent search contemporaneous | ||||||
8 | to the stop was requested of the vehicle, driver, | ||||||
9 | passenger, or passengers; and, if so, whether consent was | ||||||
10 | given or denied;
| ||||||
11 | (6) whether or not a search contemporaneous to the | ||||||
12 | stop was conducted of
the
vehicle, driver, passenger, or | ||||||
13 | passengers; and, if so, whether it was with
consent or by | ||||||
14 | other means; | ||||||
15 | (6.2) whether or not a police dog performed a sniff of | ||||||
16 | the vehicle; and, if so, whether or not the dog alerted to | ||||||
17 | the presence of contraband; and, if so, whether or not an | ||||||
18 | officer searched the vehicle; and, if so, whether or not | ||||||
19 | contraband was discovered; and, if so, the type and amount | ||||||
20 | of contraband; | ||||||
21 | (6.5) whether or not contraband was found during a | ||||||
22 | search; and, if so, the type and amount of contraband | ||||||
23 | seized; and
| ||||||
24 | (7) the name and badge number of the issuing
officer.
| ||||||
25 | (b-5) For purposes of this subsection (b-5), "detention" | ||||||
26 | means all frisks, searches, summons, and arrests. Whenever a |
| |||||||
| |||||||
1 | law enforcement officer subjects a pedestrian to detention in | ||||||
2 | a public place, he or she shall complete a uniform pedestrian | ||||||
3 | stop card, which includes any existing form currently used by | ||||||
4 | law enforcement containing all the information required under | ||||||
5 | this Section, that records at least the following: | ||||||
6 | (1) the gender, and the officer's subjective | ||||||
7 | determination of the race of the person stopped; the | ||||||
8 | person's race shall be selected from the following list: | ||||||
9 | American Indian or Alaska Native, Asian, Black or African | ||||||
10 | American, Hispanic or Latino, Native Hawaiian or Other | ||||||
11 | Pacific Islander, Arab, or White; | ||||||
12 | (2) all the alleged reasons that led to the stop of the | ||||||
13 | person; | ||||||
14 | (3) the date and time of the stop; | ||||||
15 | (4) the location of the stop; | ||||||
16 | (5) whether or not a protective pat down or frisk was | ||||||
17 | conducted of the person; and, if so, all the alleged | ||||||
18 | reasons that led to the protective pat down or frisk, and | ||||||
19 | whether it was with consent or by other means; | ||||||
20 | (6) whether or not contraband was found during the | ||||||
21 | protective pat down or frisk; and, if so, the type and | ||||||
22 | amount of contraband seized; | ||||||
23 | (7) whether or not a search beyond a protective pat | ||||||
24 | down or frisk was conducted of the person or his or her | ||||||
25 | effects; and, if so, all the alleged reasons that led to | ||||||
26 | the search, and whether it was with consent or by other |
| |||||||
| |||||||
1 | means; | ||||||
2 | (8) whether or not contraband was found during the | ||||||
3 | search beyond a protective pat down or frisk; and, if so, | ||||||
4 | the type and amount of contraband seized; | ||||||
5 | (9) the disposition of the stop, such as a warning, a | ||||||
6 | ticket, a summons, or an arrest; | ||||||
7 | (10) if a summons or ticket was issued, or an arrest | ||||||
8 | made, a record of the violations, offenses, or crimes | ||||||
9 | alleged or charged; and | ||||||
10 | (11) the name and badge number of the officer who | ||||||
11 | conducted the detention. | ||||||
12 | This subsection (b-5) does not apply to searches or | ||||||
13 | inspections for compliance authorized under the Fish and | ||||||
14 | Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, | ||||||
15 | or searches or inspections during routine security screenings | ||||||
16 | at facilities or events. | ||||||
17 | (c) The Illinois Department of Transportation shall | ||||||
18 | provide a
standardized law
enforcement data compilation form | ||||||
19 | on its website.
| ||||||
20 | (d) Every law enforcement agency shall, by March 1 with | ||||||
21 | regard to data collected during July through December of the | ||||||
22 | previous calendar year and by August 1 with regard to data | ||||||
23 | collected during January through June of the current calendar | ||||||
24 | year, compile the data described in subsections (a), (b), and | ||||||
25 | (b-5) on
the
standardized law enforcement data compilation | ||||||
26 | form provided by the Illinois
Department
of Transportation and |
| |||||||
| |||||||
1 | transmit the data to the Department.
| ||||||
2 | (e) The Illinois Department of Transportation shall | ||||||
3 | analyze the data
provided
by law
enforcement agencies required | ||||||
4 | by this Section and submit a report of the
previous year's
| ||||||
5 | findings to the
Governor, the General Assembly, the Racial | ||||||
6 | Profiling Prevention and Data Oversight Board, and each law | ||||||
7 | enforcement agency no later than
July 1
of each year. The | ||||||
8 | Illinois Department of
Transportation may contract with
an | ||||||
9 | outside entity for the analysis of the data provided. In | ||||||
10 | analyzing the data
collected
under this Section, the analyzing | ||||||
11 | entity shall scrutinize the data for evidence
of statistically
| ||||||
12 | significant aberrations. The following list, which
is | ||||||
13 | illustrative, and not exclusive, contains examples of areas in | ||||||
14 | which
statistically
significant aberrations may be found:
| ||||||
15 | (1) The percentage of minority drivers, passengers, or | ||||||
16 | pedestrians being stopped in a
given
area
is substantially | ||||||
17 | higher than the proportion of the overall population in or
| ||||||
18 | traveling
through the area that the minority constitutes.
| ||||||
19 | (2) A substantial number of false stops including | ||||||
20 | stops not resulting in
the
issuance of a traffic ticket or | ||||||
21 | the making of an arrest.
| ||||||
22 | (3) A disparity between the proportion of citations | ||||||
23 | issued to minorities
and
proportion of minorities in the | ||||||
24 | population.
| ||||||
25 | (4) A disparity among the officers of the same law | ||||||
26 | enforcement agency with
regard to the number of minority |
| |||||||
| |||||||
1 | drivers, passengers, or pedestrians being stopped in a | ||||||
2 | given
area.
| ||||||
3 | (5) A disparity between the frequency of searches | ||||||
4 | performed on minority
drivers or pedestrians
and the | ||||||
5 | frequency of searches performed on non-minority drivers or | ||||||
6 | pedestrians.
| ||||||
7 | (f) Any law enforcement officer identification information | ||||||
8 | and driver or pedestrian
identification information
that is
| ||||||
9 | compiled by any law enforcement agency or the Illinois | ||||||
10 | Department of
Transportation
pursuant to this Act for
the | ||||||
11 | purposes of fulfilling the requirements of this Section shall | ||||||
12 | be
confidential and exempt
from
public inspection and copying, | ||||||
13 | as provided under Section 7 of the Freedom of
Information
Act,
| ||||||
14 | and the information shall not be transmitted to anyone except | ||||||
15 | as needed to
comply with
this Section. This Section shall not | ||||||
16 | exempt those materials that, prior to the
effective date of | ||||||
17 | this
amendatory Act of the 93rd General Assembly, were | ||||||
18 | available under the Freedom
of
Information Act. This | ||||||
19 | subsection (f) shall not preclude law enforcement agencies | ||||||
20 | from reviewing data to perform internal reviews.
| ||||||
21 | (g) Funding to implement this Section shall come from | ||||||
22 | federal highway
safety
funds available to Illinois, as | ||||||
23 | directed by the Governor.
| ||||||
24 | (h) The Illinois Criminal Justice Information Authority, | ||||||
25 | in consultation with
law enforcement agencies, officials, and | ||||||
26 | organizations, including Illinois
chiefs of police,
the |
| |||||||
| |||||||
1 | Illinois State Police, the Illinois Sheriffs Association, and | ||||||
2 | the
Chicago Police
Department, and community groups and other | ||||||
3 | experts, shall undertake a study to
determine the best use of | ||||||
4 | technology to collect, compile, and analyze the
traffic stop
| ||||||
5 | statistical study data required by this Section. The | ||||||
6 | Department shall report
its findings
and recommendations to | ||||||
7 | the Governor and the General Assembly by March 1, 2022. | ||||||
8 | (h-1) The Traffic and Pedestrian Stop Data Use and | ||||||
9 | Collection Task Force is hereby created. | ||||||
10 | (1) The Task Force shall undertake a study to | ||||||
11 | determine the best use of technology to collect, compile, | ||||||
12 | and analyze the traffic stop statistical study data | ||||||
13 | required by this Section. | ||||||
14 | (2) The Task Force shall be an independent Task Force | ||||||
15 | under the Illinois Criminal Justice Information Authority | ||||||
16 | for administrative purposes, and shall consist of the | ||||||
17 | following members: | ||||||
18 | (A) 2 academics or researchers who have studied | ||||||
19 | issues related to traffic or pedestrian stop data | ||||||
20 | collection and have education or expertise in | ||||||
21 | statistics; | ||||||
22 | (B) one professor from an Illinois university who | ||||||
23 | specializes in policing and racial equity; | ||||||
24 | (C) one representative from the Illinois State | ||||||
25 | Police; | ||||||
26 | (D) one representative from the Chicago Police |
| |||||||
| |||||||
1 | Department; | ||||||
2 | (E) one representative from the Illinois Chiefs of | ||||||
3 | Police; | ||||||
4 | (F) one representative from the Illinois Sheriffs | ||||||
5 | Association; | ||||||
6 | (G) one representative from the Chicago Fraternal | ||||||
7 | Order of Police; | ||||||
8 | (H) one representative from the Illinois Fraternal | ||||||
9 | Order of Police; | ||||||
10 | (I) the Executive Director of the American Civil | ||||||
11 | Liberties Union of Illinois, or his or her designee; | ||||||
12 | and | ||||||
13 | (J) 5 representatives from different community | ||||||
14 | organizations who specialize in civil or human rights, | ||||||
15 | policing, or criminal justice reform work, and that | ||||||
16 | represent a range of minority interests or different | ||||||
17 | parts of the State. | ||||||
18 | (3) The Illinois Criminal Justice Information | ||||||
19 | Authority may consult, contract, work in conjunction with, | ||||||
20 | and obtain any information from any individual, agency, | ||||||
21 | association, or research institution deemed appropriate by | ||||||
22 | the Authority. | ||||||
23 | (4) The Task Force shall report its findings and | ||||||
24 | recommendations to the Governor and the General Assembly | ||||||
25 | by March 1, 2022 and every 3 years after. | ||||||
26 | (h-5) For purposes of this Section: |
| |||||||
| |||||||
1 | (1) "American Indian or Alaska Native" means a person | ||||||
2 | having origins in any of the original peoples of North and | ||||||
3 | South America, including Central America, and who | ||||||
4 | maintains tribal affiliation or community attachment. | ||||||
5 | (2) "Asian" means a person having origins in any of | ||||||
6 | the original peoples of the Far East, Southeast Asia, or | ||||||
7 | the Indian subcontinent, including, but not limited to, | ||||||
8 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
9 | the Philippine Islands, Thailand, and Vietnam. | ||||||
10 | (2.5) "Badge" means an officer's department issued | ||||||
11 | identification number associated with his or her position | ||||||
12 | as a police officer with that department. | ||||||
13 | (3) "Black or African American" means a person having | ||||||
14 | origins in any of the black racial groups of Africa. | ||||||
15 | (4) "Hispanic or Latino" means a person of Cuban, | ||||||
16 | Mexican, Puerto Rican, South or Central American, or other | ||||||
17 | Spanish culture or origin, regardless of race. | ||||||
18 | (5) "Native Hawaiian or Other Pacific Islander" means | ||||||
19 | a person having origins in any of the original peoples of | ||||||
20 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
21 | (5.5) "Arab" means a person having origins in any of | ||||||
22 | the original peoples of Saudi Arabia, United Arab | ||||||
23 | Emirates, Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, | ||||||
24 | Libya, Mauritania, Morocco, Djibouti, Somalia, Palestine, | ||||||
25 | Oman, Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or | ||||||
26 | Algeria. |
| |||||||
| |||||||
1 | (6) "White" means a person having origins in any of | ||||||
2 | the original peoples of Europe, the Middle East, or North | ||||||
3 | Africa. | ||||||
4 | (i) (Blank).
| ||||||
5 | (Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; | ||||||
6 | 102-538, eff. 8-20-21; revised 9-21-21.)
| ||||||
7 | Section 115. The Criminal Code of 2012 is amended by | ||||||
8 | changing Section 17-10.2 as follows:
| ||||||
9 | (720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) | ||||||
10 | Sec. 17-10.2. Businesses owned by minorities, females, and | ||||||
11 | persons with disabilities; fraudulent contracts with | ||||||
12 | governmental units. | ||||||
13 | (a) In this Section: | ||||||
14 | "Minority person" means a person who is any of the | ||||||
15 | following: | ||||||
16 | (1) American Indian or Alaska Native (a person having | ||||||
17 | origins in any of the original peoples of North and South | ||||||
18 | America, including Central America, and who maintains | ||||||
19 | tribal affiliation or community attachment). | ||||||
20 | (2) Asian (a person having origins in any of the | ||||||
21 | original peoples of the Far East, Southeast Asia, or the | ||||||
22 | Indian subcontinent, including, but not limited to, | ||||||
23 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
24 | the Philippine Islands, Thailand, and Vietnam). |
| |||||||
| |||||||
1 | (3) Black or African American (a person having origins | ||||||
2 | in any of the black racial groups of Africa). | ||||||
3 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
4 | Puerto Rican, South or Central American, or other Spanish | ||||||
5 | culture or origin, regardless of race). | ||||||
6 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
7 | person having origins in any of the original peoples of | ||||||
8 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
9 | (6) Arab (a person having origins in any of the | ||||||
10 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
11 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
12 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
13 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
14 | "Female" means a person who is of the female gender.
| ||||||
15 | "Person with a disability" means a person who is a | ||||||
16 | person qualifying as having a disability.
| ||||||
17 | "Disability" means a severe physical or mental | ||||||
18 | disability that:
(1) results from:
amputation,
arthritis,
| ||||||
19 | autism,
blindness,
burn injury,
cancer,
cerebral palsy,
| ||||||
20 | cystic fibrosis,
deafness,
head injury,
heart disease,
| ||||||
21 | hemiplegia,
hemophilia,
respiratory or pulmonary | ||||||
22 | dysfunction, an intellectual disability,
mental illness,
| ||||||
23 | multiple sclerosis,
muscular dystrophy,
musculoskeletal | ||||||
24 | disorders,
neurological disorders, including stroke and | ||||||
25 | epilepsy,
paraplegia,
quadriplegia and other spinal cord | ||||||
26 | conditions,
sickle cell anemia,
specific learning |
| |||||||
| |||||||
1 | disabilities, or
end stage renal failure disease; and
(2) | ||||||
2 | substantially limits one or more of the person's major | ||||||
3 | life activities. | ||||||
4 | "Minority owned business" means a business concern | ||||||
5 | that is at least 51% owned by one or more minority persons, | ||||||
6 | or in the case of a corporation, at least 51% of the stock | ||||||
7 | in which is owned by one or more minority persons; and the | ||||||
8 | management and daily business operations of which are | ||||||
9 | controlled by one or more of the minority individuals who | ||||||
10 | own it. | ||||||
11 | "Female owned business" means a business concern that | ||||||
12 | is at least 51% owned by one or more females, or, in the | ||||||
13 | case of a corporation, at least 51% of the stock in which | ||||||
14 | is owned by one or more females; and the management and | ||||||
15 | daily business operations of which are controlled by one | ||||||
16 | or more of the females who own it. | ||||||
17 | "Business owned by a person with a disability" means a | ||||||
18 | business concern that is at least 51% owned by one or more | ||||||
19 | persons with a disability and the management and daily | ||||||
20 | business operations of which are controlled by one or more | ||||||
21 | of the persons with disabilities who own it. A | ||||||
22 | not-for-profit agency for persons with disabilities that | ||||||
23 | is exempt from taxation under Section 501 of the Internal | ||||||
24 | Revenue Code of 1986 is also considered a "business owned | ||||||
25 | by a person with a disability". | ||||||
26 | "Governmental unit" means the State, a unit of local |
| |||||||
| |||||||
1 | government, or school district. | ||||||
2 | (b) In addition to any other penalties imposed by law or by | ||||||
3 | an ordinance or resolution of a unit of local government or | ||||||
4 | school district, any individual or entity that knowingly | ||||||
5 | obtains, or knowingly assists another to obtain, a contract | ||||||
6 | with a governmental unit, or a subcontract or written | ||||||
7 | commitment for a subcontract under a contract with a | ||||||
8 | governmental unit, by falsely representing that the individual | ||||||
9 | or entity, or the individual or entity assisted, is a minority | ||||||
10 | owned business, female owned business, or business owned by a | ||||||
11 | person with a disability is guilty of a Class 2 felony, | ||||||
12 | regardless of whether the preference for awarding the contract | ||||||
13 | to a minority owned business, female owned business, or | ||||||
14 | business owned by a person with a disability was established | ||||||
15 | by statute or by local ordinance or resolution. | ||||||
16 | (c) In addition to any other penalties authorized by law, | ||||||
17 | the court shall order that an individual or entity convicted | ||||||
18 | of a violation of this Section must pay to the governmental | ||||||
19 | unit that awarded the contract a penalty equal to one and | ||||||
20 | one-half times the amount of the contract obtained because of | ||||||
21 | the false representation.
| ||||||
22 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
23 | Section 120. The Illinois Human Rights Act is amended by | ||||||
24 | changing Section 2-105 as follows:
|
| |||||||
| |||||||
1 | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
| ||||||
2 | Sec. 2-105. Equal Employment Opportunities; Affirmative | ||||||
3 | Action.
| ||||||
4 | (A) Public Contracts. Every party to a public contract and | ||||||
5 | every
eligible bidder shall:
| ||||||
6 | (1) Refrain from unlawful discrimination and | ||||||
7 | discrimination based on
citizenship status in employment | ||||||
8 | and undertake affirmative action to assure
equality of | ||||||
9 | employment opportunity and eliminate the effects of past
| ||||||
10 | discrimination;
| ||||||
11 | (2) Comply with the procedures and requirements of the | ||||||
12 | Department's
regulations concerning equal employment | ||||||
13 | opportunities and affirmative action;
| ||||||
14 | (3) Provide such information, with respect to its | ||||||
15 | employees and
applicants for employment, and assistance as | ||||||
16 | the Department may
reasonably request;
| ||||||
17 | (4) Have written sexual harassment policies that shall | ||||||
18 | include, at a
minimum, the following information: (i) the | ||||||
19 | illegality of
sexual harassment; (ii) the definition of | ||||||
20 | sexual harassment under State
law; (iii) a description of | ||||||
21 | sexual harassment, utilizing examples; (iv) the
vendor's | ||||||
22 | internal complaint process including penalties; (v) the | ||||||
23 | legal
recourse, investigative , and complaint process | ||||||
24 | available through the
Department and the Commission; (vi) | ||||||
25 | directions on how to contact the
Department and | ||||||
26 | Commission; and (vii) protection against retaliation as
|
| |||||||
| |||||||
1 | provided by Sections 6-101 and 6-101.5 of this Act. A copy | ||||||
2 | of the policies shall
be provided to the Department upon | ||||||
3 | request. Additionally, each bidder who submits a bid or | ||||||
4 | offer for a State contract under the Illinois Procurement | ||||||
5 | Code shall have a written copy of the bidder's sexual | ||||||
6 | harassment policy as required under this paragraph (4). A | ||||||
7 | copy of the policy shall be provided to the State agency | ||||||
8 | entering into the contract upon request.
| ||||||
9 | (B) State Agencies. Every State executive department, | ||||||
10 | State agency,
board, commission, and instrumentality shall:
| ||||||
11 | (1) Comply with the procedures and requirements of the | ||||||
12 | Department's
regulations concerning equal employment | ||||||
13 | opportunities and affirmative action . ;
| ||||||
14 | (2) Provide such information and assistance as the | ||||||
15 | Department may request.
| ||||||
16 | (3) Establish, maintain, and carry out a continuing | ||||||
17 | affirmative action
plan consistent with this Act and the | ||||||
18 | regulations of the Department designed
to promote equal | ||||||
19 | opportunity for all State residents in every aspect of
| ||||||
20 | agency personnel policy and practice. For purposes of | ||||||
21 | these affirmative
action plans, the race and national | ||||||
22 | origin categories to be included in the
plans are: | ||||||
23 | American Indian or Alaska Native, Asian, Black or African | ||||||
24 | American, Hispanic or Latino, Native Hawaiian or Other | ||||||
25 | Pacific Islander , and Arab . | ||||||
26 | This plan shall
include a current detailed status |
| |||||||
| |||||||
1 | report:
| ||||||
2 | (a) indicating, by each position in State service, | ||||||
3 | the number,
percentage, and average salary of | ||||||
4 | individuals employed by race, national
origin, sex and | ||||||
5 | disability, and any other category that the Department | ||||||
6 | may
require by rule;
| ||||||
7 | (b) identifying all positions in which the | ||||||
8 | percentage of the people
employed by race, national | ||||||
9 | origin, sex and disability, and any other
category | ||||||
10 | that the Department may require by rule, is less than | ||||||
11 | four-fifths of
the percentage of each of those | ||||||
12 | components in the State work force;
| ||||||
13 | (c) specifying the goals and methods for | ||||||
14 | increasing the percentage
by race, national origin, | ||||||
15 | sex , and disability, and any other category
that the | ||||||
16 | Department may require by rule, in State positions;
| ||||||
17 | (d) indicating progress and problems toward | ||||||
18 | meeting equal employment
opportunity goals, including, | ||||||
19 | if applicable, but not limited to, Department
of | ||||||
20 | Central Management Services recruitment efforts, | ||||||
21 | publicity, promotions,
and use of options designating | ||||||
22 | positions by linguistic abilities;
| ||||||
23 | (e) establishing a numerical hiring goal for the | ||||||
24 | employment of
qualified persons with disabilities in | ||||||
25 | the agency as a whole, to be based
on the proportion of | ||||||
26 | people with work disabilities in the Illinois labor
|
| |||||||
| |||||||
1 | force as reflected in the most recent employment data | ||||||
2 | made available by the United States Census Bureau.
| ||||||
3 | (4) If the agency has 1000 or more employees, appoint | ||||||
4 | a full-time Equal
Employment Opportunity officer, subject | ||||||
5 | to the Department's approval, whose
duties shall include:
| ||||||
6 | (a) Advising the head of the particular State | ||||||
7 | agency with respect to the
preparation of equal | ||||||
8 | employment opportunity programs, procedures, | ||||||
9 | regulations,
reports, and the agency's affirmative | ||||||
10 | action plan.
| ||||||
11 | (b) Evaluating in writing each fiscal year the | ||||||
12 | sufficiency of the total
agency program for equal | ||||||
13 | employment opportunity and reporting thereon to
the | ||||||
14 | head of the agency with recommendations as to any | ||||||
15 | improvement or
correction in recruiting, hiring or | ||||||
16 | promotion needed, including remedial or
disciplinary | ||||||
17 | action with respect to managerial or supervisory | ||||||
18 | employees who
have failed to cooperate fully or who | ||||||
19 | are in violation of the program.
| ||||||
20 | (c) Making changes in recruitment, training and | ||||||
21 | promotion programs
and in hiring and promotion | ||||||
22 | procedures designed to eliminate
discriminatory | ||||||
23 | practices when authorized.
| ||||||
24 | (d) Evaluating tests, employment policies,
| ||||||
25 | practices , and qualifications
and reporting to the | ||||||
26 | head of the agency and to the Department any policies,
|
| |||||||
| |||||||
1 | practices and qualifications that have unequal impact | ||||||
2 | by race, national origin
as required by Department | ||||||
3 | rule, sex , or disability or any other category that
| ||||||
4 | the Department may require by rule, and to assist in | ||||||
5 | the recruitment of people
in underrepresented | ||||||
6 | classifications. This function shall be performed in
| ||||||
7 | cooperation with the State Department of Central | ||||||
8 | Management Services.
| ||||||
9 | (e) Making any aggrieved employee or applicant for | ||||||
10 | employment aware of
his or her remedies under this | ||||||
11 | Act.
| ||||||
12 | In any meeting, investigation, negotiation, | ||||||
13 | conference, or other
proceeding between a State | ||||||
14 | employee and an Equal Employment Opportunity
officer, | ||||||
15 | a State employee (1) who is not covered by a collective | ||||||
16 | bargaining
agreement and (2) who is the complaining | ||||||
17 | party or the subject of such
proceeding may be | ||||||
18 | accompanied, advised and represented by (1) an | ||||||
19 | attorney
licensed to practice law in the State of | ||||||
20 | Illinois or (2) a representative of an
employee | ||||||
21 | organization whose membership is composed of employees | ||||||
22 | of the State
and of which the employee is a member. A | ||||||
23 | representative of an employee, other
than an attorney, | ||||||
24 | may observe but may not actively participate, or | ||||||
25 | advise the
State employee during the course of such | ||||||
26 | meeting, investigation, negotiation,
conference , or |
| |||||||
| |||||||
1 | other proceeding. Nothing in this Section shall be
| ||||||
2 | construed to permit any person who is not licensed to | ||||||
3 | practice law in Illinois
to deliver any legal services | ||||||
4 | or otherwise engage in any activities that would
| ||||||
5 | constitute the unauthorized practice of law. Any | ||||||
6 | representative of an employee
who is present with the | ||||||
7 | consent of the employee, shall not, during or after
| ||||||
8 | termination of the relationship permitted by this | ||||||
9 | Section with the State
employee, use or reveal any | ||||||
10 | information obtained during the course of the
meeting, | ||||||
11 | investigation, negotiation, conference , or other | ||||||
12 | proceeding without the
consent of the complaining | ||||||
13 | party and any State employee who is the subject of
the | ||||||
14 | proceeding and pursuant to rules and regulations | ||||||
15 | governing confidentiality
of such information as | ||||||
16 | promulgated by the appropriate State agency.
| ||||||
17 | Intentional or reckless disclosure of information in | ||||||
18 | violation of these
confidentiality requirements shall | ||||||
19 | constitute a Class B misdemeanor.
| ||||||
20 | (5) Establish, maintain , and carry out a continuing | ||||||
21 | sexual harassment
program that shall include the | ||||||
22 | following:
| ||||||
23 | (a) Develop a written sexual harassment policy | ||||||
24 | that includes at a
minimum the following information: | ||||||
25 | (i) the illegality of sexual harassment;
(ii) the | ||||||
26 | definition of sexual harassment under State law; (iii) |
| |||||||
| |||||||
1 | a
description of sexual harassment, utilizing | ||||||
2 | examples; (iv) the agency's
internal complaint process | ||||||
3 | including penalties; (v) the legal recourse,
| ||||||
4 | investigative , and complaint process available through | ||||||
5 | the Department and
the Commission; (vi) directions on | ||||||
6 | how to contact the Department and
Commission; and | ||||||
7 | (vii) protection against retaliation as provided by | ||||||
8 | Section
6-101 of this Act. The policy shall be | ||||||
9 | reviewed annually.
| ||||||
10 | (b) Post in a prominent and accessible location | ||||||
11 | and distribute in a
manner to assure notice to all | ||||||
12 | agency employees without exception the
agency's sexual | ||||||
13 | harassment policy. Such documents may meet, but shall | ||||||
14 | not
exceed, the 6th grade literacy level. Distribution | ||||||
15 | shall be effectuated within
90 days of the effective | ||||||
16 | date of this amendatory Act of 1992 and shall occur
| ||||||
17 | annually thereafter.
| ||||||
18 | (c) Provide training on sexual harassment | ||||||
19 | prevention and the
agency's sexual harassment policy | ||||||
20 | as a component of all ongoing or new
employee training | ||||||
21 | programs.
| ||||||
22 | (6) Notify the Department 30 days before effecting any | ||||||
23 | layoff. Once
notice is given, the following shall occur:
| ||||||
24 | (a) No layoff may be effective
earlier than 10 | ||||||
25 | working days after
notice to the Department, unless an
| ||||||
26 | emergency layoff situation exists.
|
| |||||||
| |||||||
1 | (b) The State executive department, State agency, | ||||||
2 | board, commission,
or instrumentality in which the | ||||||
3 | layoffs are to occur must
notify each employee | ||||||
4 | targeted for layoff, the employee's union
| ||||||
5 | representative (if applicable), and the State | ||||||
6 | Dislocated Worker Unit at the
Department of Commerce | ||||||
7 | and Economic Opportunity.
| ||||||
8 | (c) The State executive department, State agency, | ||||||
9 | board, commission,
or instrumentality in
which the | ||||||
10 | layoffs are to occur must conform to applicable | ||||||
11 | collective
bargaining agreements.
| ||||||
12 | (d) The State executive department, State agency, | ||||||
13 | board, commission, or
instrumentality in which the | ||||||
14 | layoffs are to occur should notify each employee
| ||||||
15 | targeted for layoff that transitional assistance may | ||||||
16 | be available to him or her
under the Economic | ||||||
17 | Dislocation and Worker Adjustment Assistance Act
| ||||||
18 | administered by the Department of Commerce and | ||||||
19 | Economic Opportunity. Failure to
give such notice | ||||||
20 | shall not invalidate the layoff or postpone its | ||||||
21 | effective
date.
| ||||||
22 | As used in this subsection (B), "disability" shall be | ||||||
23 | defined in
rules promulgated under the Illinois Administrative
| ||||||
24 | Procedure Act.
| ||||||
25 | (C) Civil Rights Violations. It is a civil rights | ||||||
26 | violation for any
public contractor or eligible bidder to:
|
| |||||||
| |||||||
1 | (1) fail to comply with the public contractor's or | ||||||
2 | eligible bidder's
duty to refrain from unlawful | ||||||
3 | discrimination and discrimination based on
citizenship | ||||||
4 | status in employment under subsection (A)(1) of this | ||||||
5 | Section; or
| ||||||
6 | (2) fail to comply with the public contractor's or | ||||||
7 | eligible bidder's
duties of affirmative action under | ||||||
8 | subsection (A) of this Section, provided
however, that the
| ||||||
9 | Department has notified the public contractor or eligible | ||||||
10 | bidder in writing
by certified mail that the public | ||||||
11 | contractor or eligible bidder may not be
in compliance | ||||||
12 | with affirmative action requirements of subsection (A). A
| ||||||
13 | minimum
of 60 days to comply with the requirements shall | ||||||
14 | be afforded to the public
contractor or eligible bidder | ||||||
15 | before the Department may issue formal notice of
| ||||||
16 | non-compliance.
| ||||||
17 | (D) As used in this Section: | ||||||
18 | (1) "American Indian or Alaska Native" means a person | ||||||
19 | having origins in any of the original peoples of North and | ||||||
20 | South America, including Central America, and who | ||||||
21 | maintains tribal affiliation or community attachment. | ||||||
22 | (2) "Asian" means a person having origins in any of | ||||||
23 | the original peoples of the Far East, Southeast Asia, or | ||||||
24 | the Indian subcontinent, including, but not limited to, | ||||||
25 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
26 | the Philippine Islands, Thailand, and Vietnam. |
| |||||||
| |||||||
1 | (3) "Black or African American" means a person having | ||||||
2 | origins in any of the black racial groups of Africa. | ||||||
3 | (4) "Hispanic or Latino" means a person of Cuban, | ||||||
4 | Mexican, Puerto Rican, South or Central American, or other | ||||||
5 | Spanish culture or origin, regardless of race. | ||||||
6 | (5) "Native Hawaiian or Other Pacific Islander" means | ||||||
7 | a person having origins in any of the original peoples of | ||||||
8 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
9 | (6) "Arab" means a person having origins in any of the | ||||||
10 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
11 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
12 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
13 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria. | ||||||
14 | (Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22; | ||||||
15 | revised 9-22-21.)
| ||||||
16 | Section 125. The Business Corporation Act of 1983 is | ||||||
17 | amended by changing Section 8.12 as follows:
| ||||||
18 | (805 ILCS 5/8.12) | ||||||
19 | Sec. 8.12. Female, minority, and LGBTQ directors. | ||||||
20 | (a) Findings and purpose. The General Assembly finds that | ||||||
21 | women, minorities, and LGBTQ people are still largely | ||||||
22 | underrepresented nationally in positions of corporate | ||||||
23 | authority, such as serving as a director on a corporation's | ||||||
24 | board of directors. This low representation could be |
| |||||||
| |||||||
1 | contributing to the disparity seen in wages made by females | ||||||
2 | and minorities versus their white male counterparts. Increased | ||||||
3 | representation of these individuals as directors on boards of | ||||||
4 | directors for corporations may boost the Illinois economy, | ||||||
5 | improve opportunities for women, minorities, and LGBTQ people | ||||||
6 | in the workplace, and foster an environment in Illinois where | ||||||
7 | the business community is representative of our residents. | ||||||
8 | Therefore, it is the intent of the General Assembly to gather | ||||||
9 | more data and study this issue within the State so that | ||||||
10 | effective policy changes may be implemented to eliminate this | ||||||
11 | disparity. | ||||||
12 | (b) As used in this Section: | ||||||
13 | "Annual report" means the report submitted annually to the | ||||||
14 | Secretary of State pursuant to this Act. | ||||||
15 | "Female" means a person who is a citizen or
lawful | ||||||
16 | permanent resident of the United States and who | ||||||
17 | self-identifies as a woman, without regard to the individual's | ||||||
18 | designated sex at birth. | ||||||
19 | "Minority person" means a person who is a
citizen or | ||||||
20 | lawful permanent resident of the United States and who is any | ||||||
21 | of the following races or ethnicities: | ||||||
22 | (1) American Indian or Alaska Native (a person
having | ||||||
23 | origins in any of the original peoples of North and South | ||||||
24 | America, including Central America, and who maintains | ||||||
25 | tribal affiliation or community attachment). | ||||||
26 | (2) Asian (a person having origins in any of the
|
| |||||||
| |||||||
1 | original peoples of the Far East, Southeast Asia, or the | ||||||
2 | Indian subcontinent, including, but not limited to, | ||||||
3 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
4 | the Philippine Islands, Thailand, and Vietnam). | ||||||
5 | (3) Black or African American (a person having
origins | ||||||
6 | in any of the black racial groups of Africa). Terms such as | ||||||
7 | "Haitian" or "Negro" can be used in addition to "Black" or | ||||||
8 | "African American". | ||||||
9 | (4) Hispanic or Latino (a person of Cuban,
Mexican, | ||||||
10 | Puerto Rican, South or Central American, or other Spanish | ||||||
11 | culture or origin, regardless of race). | ||||||
12 | (5) Native Hawaiian or Other Pacific Islander (a
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13 | person having origins in any of the original peoples of | ||||||
14 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
15 | (6) Arab (a person having origins in any of the | ||||||
16 | original peoples of Saudi Arabia, United Arab Emirates, | ||||||
17 | Iraq, Bahrain, Jordan, Comoros, Kuwait, Lebanon, Libya, | ||||||
18 | Mauritania, Morocco, Djibouti, Somalia, Palestine, Oman, | ||||||
19 | Syria, Yemen, Qatar, Sudan, Tunisia, Egypt, or Algeria). | ||||||
20 | (6) "Publicly held domestic or foreign corporation" means | ||||||
21 | a corporation with outstanding shares listed on a major United | ||||||
22 | States stock exchange. | ||||||
23 | (c) Reporting to the Secretary of State. As soon as | ||||||
24 | practical after August 27, 2019 ( the effective date of Public | ||||||
25 | Act 101-589) this amendatory Act of the 101st General | ||||||
26 | Assembly , but no later than January 1, 2021, the following |
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1 | information shall be provided in a corporation's annual report | ||||||
2 | submitted to the Secretary of State under this Act and made | ||||||
3 | available by the Secretary of State to the public online as it | ||||||
4 | is received: | ||||||
5 | (1) Whether the corporation is a publicly held | ||||||
6 | domestic or foreign corporation with its principal | ||||||
7 | executive office located in Illinois. | ||||||
8 | (2) Where the corporation is a publicly held domestic | ||||||
9 | or foreign corporation with its principal executive office | ||||||
10 | located in Illinois, data on specific qualifications, | ||||||
11 | skills, and experience that the corporation considers for | ||||||
12 | its board of directors, nominees for the board of | ||||||
13 | directors, and executive officers. | ||||||
14 | (3) Where the corporation is a publicly held domestic | ||||||
15 | or foreign corporation with its principal executive office | ||||||
16 | located in Illinois, the self-identified gender of each | ||||||
17 | member of its board of directors. | ||||||
18 | (4) Where the corporation is a publicly held domestic | ||||||
19 | or foreign corporation with its principal executive office | ||||||
20 | located in Illinois, whether each member of its board of | ||||||
21 | directors self-identifies as a minority person and, if so, | ||||||
22 | which race or ethnicity to which the member belongs. | ||||||
23 | (5) Where the corporation is a publicly held domestic | ||||||
24 | or foreign corporation with its principal executive office | ||||||
25 | located in Illinois, the self-identified sexual | ||||||
26 | orientation of each member of its board of directors. |
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1 | (6) Where the corporation is a publicly held domestic | ||||||
2 | or foreign corporation with its principal executive office | ||||||
3 | located in Illinois, the self-identified gender identity | ||||||
4 | of each member of its board of directors. | ||||||
5 | (7) 7 Where the corporation is a publicly held | ||||||
6 | domestic or foreign corporation with its principal | ||||||
7 | executive office located in Illinois, a description of the | ||||||
8 | corporation's process for identifying and evaluating | ||||||
9 | nominees for the board of directors, including whether | ||||||
10 | and, if so, how demographic diversity is considered. | ||||||
11 | (8) 8 Where the corporation is a publicly held | ||||||
12 | domestic or foreign corporation with its principal | ||||||
13 | executive office located in Illinois, a description of the | ||||||
14 | corporation's process for identifying and appointing | ||||||
15 | executive officers, including whether and, if so, how | ||||||
16 | demographic diversity is considered. | ||||||
17 | (9) 9 Where the corporation is a publicly held | ||||||
18 | domestic or foreign corporation with its principal | ||||||
19 | executive office located in Illinois, a description of the | ||||||
20 | corporation's policies and practices for promoting | ||||||
21 | diversity, equity, and inclusion among its board of | ||||||
22 | directors and executive officers. | ||||||
23 | Information reported under this subsection shall be | ||||||
24 | updated in each annual report filed with the Secretary of | ||||||
25 | State thereafter. | ||||||
26 | (d) Beginning no later than March 1, 2021, and every March |
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1 | 1 thereafter, the University of Illinois Systems shall review | ||||||
2 | the information reported and published under subsection (c) | ||||||
3 | and shall publish on its website a report that provides | ||||||
4 | aggregate data on the demographic characteristics of the | ||||||
5 | boards of directors and executive officers of corporations | ||||||
6 | filing an annual report for the preceding year along with an | ||||||
7 | individualized rating for each corporation. The report shall | ||||||
8 | also identify strategies for promoting diversity and inclusion | ||||||
9 | among boards of directors and corporate executive officers. | ||||||
10 | (e) The University of Illinois System shall establish a | ||||||
11 | rating system assessing the representation of women, | ||||||
12 | minorities, and LGBTQ people on corporate boards of directors | ||||||
13 | of those corporations that are publicly held domestic or | ||||||
14 | foreign corporations with their principal executive office | ||||||
15 | located in Illinois based on the information gathered under | ||||||
16 | this Section. The rating system shall consider, among other | ||||||
17 | things: compliance with the demographic reporting obligations | ||||||
18 | in subsection (c); the corporation's policies and practices | ||||||
19 | for encouraging diversity in recruitment, board membership, | ||||||
20 | and executive appointments; and the demographic diversity of | ||||||
21 | board seats and executive positions.
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22 | (Source: P.A. 101-589, eff. 8-27-19; 102-223, eff. 1-1-22; | ||||||
23 | revised 11-24-21.)
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