HB2297 103RD GENERAL ASSEMBLY

LRB103 30744 DTM 57223 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2297

Introduced 2/14/2023___________, by

SYNOPSIS AS INTRODUCED:

5 ILCS 410/5
5 ILCS 410/15

Amends the State Employment Records Act. Provides that State agencies when collecting and reporting data on employment records must include specified data on persons who identify as non-binary or gender non-conforming. Effective July 1, 2025.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Employment Records Act is amended by changing Sections 5 and 15 as follows:

(5 ILCS 410/5)

Sec. 5. Findings and purpose. The General Assembly hereby finds as follows:

(a) Efficient, responsive, and accountable disbursement of State services is best facilitated by a diversified State work force which reflects the diversity of the tax-paying constituency the State work force is employed to serve.

(b) The purpose of this Act is to require and develop within existing State administrative processes a comprehensive procedure to collect, classify, maintain, and publish, for State and public use, information that provides the General Assembly and the People of this State with adequate information of the number of minorities, women, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities employed by State government within the State work force.

(c) To provide State officials, administrators and the People of the State with information to help guide efforts to achieve a more diversified State work force, the total number of persons employed within the State work force shall be tabulated in a comprehensive manner to provide meaningful review of the number and percentage of minorities, women, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities employed as part of the State work force.

(Source: P.A. 99-143, eff. 7-27-15.)

(5 ILCS 410/15)

Sec. 15. Reported information.

(a) State agencies shall, if necessary, consult with the Office of the Comptroller and the Governor's Office of Management and Budget to confirm the accuracy of information required by this Act. State agencies shall collect and maintain information and publish reports including but not limited to the following information arranged in the indicated categories:

(i) the total number of persons employed by the agency who are part of the State work force, as defined by this Act, and the number and statistical percentage of women, minorities, persons who identify persons who identify as non-binary or gender non-conforming, and persons with physical disabilities employed within the agency work force;

(ii) the total number of persons employed within the agency work force receiving levels of State remuneration within incremental levels of $10,000, and the number and statistical percentage of minorities, women, persons who identify persons who identify as non-binary or gender non-conforming, and persons with physical disabilities in the agency work force receiving levels of State remuneration within incremented levels of $10,000;

(iii) the number of open positions of employment or advancement in the agency work force, reported on a fiscal year basis;

(iv) the number and percentage of open positions of employment or advancement in the agency work force filled by minorities, women, persons who persons who identify as non-binary or gender non-conforming, and persons with physical disabilities, reported on a fiscal year basis;

(v) the total number of persons employed within the agency work force as professionals, and the number and percentage of minorities, women, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities employed within the agency work force as professional employees; and

(vi) the total number of persons employed within the agency work force as contractual service employees, and the number and percentage of minorities, women, persons who identify as non-binary or gender non-conforming, and persons with physical disabilities employed within the agency work force as contractual services employees.

(b) The numbers and percentages of minorities required to be reported by this Section shall be identified by the following categories:

(1) American Indian or Alaska Native (a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).

(3) Black or African American (a person having origins in any of the black racial groups of Africa).

(4) Hispanic or Latino (a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).

Data concerning women and persons who identify as non-binary or gender non-conforming shall be reported on a minority and nonminority basis. The numbers and percentages of persons with physical disabilities required to be reported under this Section shall be identified by categories as man, woman, and persons who identify as non-binary or gender non-conforming male and female.

(c) To accomplish consistent and uniform classification and collection of information from each State agency, and to ensure full compliance and that all required information is provided, the Index Department of the Office of the Secretary of State, in consultation with the Department of Human Rights, the Department of Central Management Services, and the Office of the Comptroller, shall develop appropriate forms to be used by all State agencies subject to the reporting requirements of this Act.

All State agencies shall make the reports required by this Act using the forms developed under this subsection. The reports must be certified and signed by an official of the agency who is responsible for the information provided.

(Source: P.A. 102-465, eff. 1-1-22.)

Section 99. Effective date. This Act takes effect July 1, 2025.