101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4260

 

Introduced 1/27/2020, by Rep. Nicholas K. Smith

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 410/10
5 ILCS 410/15
20 ILCS 105/3.10
20 ILCS 2310/2310-215  was 20 ILCS 2310/55.62
30 ILCS 575/2
30 ILCS 577/35-5
30 ILCS 785/5
70 ILCS 210/23.1  from Ch. 85, par. 1243.1
105 ILCS 5/34-18  from Ch. 122, par. 34-18
110 ILCS 205/9.16  from Ch. 144, par. 189.16
110 ILCS 925/3.07  from Ch. 144, par. 1503.07
110 ILCS 930/2  from Ch. 144, par. 2302
110 ILCS 947/50
110 ILCS 947/65.30
215 ILCS 5/500-50
305 ILCS 5/4-23
625 ILCS 5/11-212
720 ILCS 5/17-10.2  was 720 ILCS 5/17-29
775 ILCS 5/2-105  from Ch. 68, par. 2-105

    Amends various Acts to make changes concerning references to specified racial and ethnic groups.


LRB101 16082 RJF 65445 b

 

 

A BILL FOR

 

HB4260LRB101 16082 RJF 65445 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Employment Records Act is amended by
5changing Sections 10 and 15 as follows:
 
6    (5 ILCS 410/10)
7    Sec. 10. Definitions. As used in this Act:
8    (a) "Agency work force" means those persons employed by a
9State agency who are part of the State work force.
10    (b) "Contractual services employee" means a person
11employed by the State, or a State supported institution of
12higher education, under a written contract and paid by a State
13system CO-2 voucher (or its administrative equivalent) whose
14daily duties and responsibilities are directly or indirectly
15supervised or managed by a person paid by a payroll warrant (or
16its administrative equivalent) funded by State funds or pass
17through funds.
18    (c) "Agency" or "State agency" means those entities
19included in the definition of "State agencies" in the Illinois
20State Auditing Act.
21    (d) "Minority" means a person who is any of the following:
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). Terms such as
10    "Haitian" or "Negro" can be used in addition to "Black or
11    African American".
12        (3.5) Descendant of American Slaves (a person having
13    direct ancestral lineage to victims of chattel slavery in
14    the United States of America). Terms such as "Black",
15    "African American", or "American Descendant of Slavery"
16    can be used in addition to "Descendant of American Slaves".
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 person
21    having origins in any of the original peoples of Hawaii,
22    Guam, Samoa, or other Pacific Islands).
23    (e) "Professional employee" means a person employed to
24perform employment duties requiring academic training,
25evidenced by a graduate or advanced degree from an accredited
26institution of higher education, and who, in the performance of

 

 

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1those employment duties, may only engage in active practice of
2the academic training received when licensed or certified by
3the State of Illinois.
4    (f) "State employee" means any person employed within the
5State work force.
6    (g) "State work force" means all persons employed by the
7State of Illinois as evidenced by:
8        (1) the total number of all payroll warrants (or their
9    administrative equivalent) issued by the Comptroller to
10    pay:
11            (i) persons subject to the Personnel Code; and
12            (ii) for the sole purpose of providing accurate
13        statistical information, all persons exempt from the
14        Personnel Code; and
15        (2) the total number of payroll warrants (or their
16    administrative equivalent) funded by State appropriation
17    which are issued by educational institutions governed by
18    the Board of Trustees of the University of Illinois, the
19    Board of Trustees of Southern Illinois University, the
20    Board of Governors of State Colleges and Universities, and
21    the Board of Regents; and
22        (3) the total number of contractual payroll system CO-2
23    vouchers (or their administrative equivalent) funded by
24    State revenues and issued by:
25            (i) the State Comptroller; and
26            (ii) the issuing agents of the educational

 

 

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1        institutions listed in subdivision (2) of this
2        subsection (g).
3"State work force" does not, however, include persons holding
4elective State office.
5(Source: P.A. 97-396, eff. 1-1-12.)
 
6    (5 ILCS 410/15)
7    Sec. 15. Reported information.
8    (a) State agencies shall, if necessary, consult with the
9Office of the Comptroller and the Governor's Office of
10Management and Budget to confirm the accuracy of information
11required by this Act. State agencies shall collect and maintain
12information and publish reports including but not limited to
13the following information arranged in the indicated
14categories:
15        (i) the total number of persons employed by the agency
16    who are part of the State work force, as defined by this
17    Act, and the number and statistical percentage of women,
18    minorities, and persons with physical disabilities
19    employed within the agency work force;
20        (ii) the total number of persons employed within the
21    agency work force receiving levels of State remuneration
22    within incremental levels of $10,000, and the number and
23    statistical percentage of minorities, women, and persons
24    with physical disabilities in the agency work force
25    receiving levels of State remuneration within incremented

 

 

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1    levels of $10,000;
2        (iii) the number of open positions of employment or
3    advancement in the agency work force, reported on a fiscal
4    year basis;
5        (iv) the number and percentage of open positions of
6    employment or advancement in the agency work force filled
7    by minorities, women, and persons with physical
8    disabilities, reported on a fiscal year basis;
9        (v) the total number of persons employed within the
10    agency work force as professionals, and the number and
11    percentage of minorities, women, and persons with physical
12    disabilities employed within the agency work force as
13    professional employees; and
14        (vi) the total number of persons employed within the
15    agency work force as contractual service employees, and the
16    number and percentage of minorities, women, and persons
17    with physical disabilities employed within the agency work
18    force as contractual services employees.
19    (b) The numbers and percentages of minorities required to
20be reported by this Section shall be identified by the
21following categories:
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

 

 

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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). Terms such as
7    "Haitian" or "Negro" can be used in addition to "Black or
8    African American".
9        (3.5) Descendant of American Slaves (a person having
10    direct ancestral lineage to victims of chattel slavery in
11    the United States of America). Terms such as "Black",
12    "African American", or "American Descendant of Slavery"
13    can be used in addition to "Descendant of American Slaves".
14        (4) Hispanic or Latino (a person of Cuban, Mexican,
15    Puerto Rican, South or Central American, or other Spanish
16    culture or origin, regardless of race).
17        (5) Native Hawaiian or Other Pacific Islander (a person
18    having origins in any of the original peoples of Hawaii,
19    Guam, Samoa, or other Pacific Islands).
20    Data concerning women shall be reported on a minority and
21nonminority basis. The numbers and percentages of persons with
22physical disabilities required to be reported under this
23Section shall be identified by categories as male and female.
24    (c) To accomplish consistent and uniform classification
25and collection of information from each State agency, and to
26ensure full compliance and that all required information is

 

 

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1provided, the Index Department of the Office of the Secretary
2of State, in consultation with the Department of Human Rights,
3the Department of Central Management Services, and the Office
4of the Comptroller, shall develop appropriate forms to be used
5by all State agencies subject to the reporting requirements of
6this Act.
7    All State agencies shall make the reports required by this
8Act using the forms developed under this subsection. The
9reports must be certified and signed by an official of the
10agency who is responsible for the information provided.
11(Source: P.A. 99-143, eff. 7-27-15.)
 
12    Section 10. The Illinois Act on the Aging is amended by
13changing Section 3.10 as follows:
 
14    (20 ILCS 105/3.10)
15    Sec. 3.10. "Minority senior citizen" means any person 55
16years of age or older for whom opportunities for employment and
17participation in community life are unavailable or severely
18limited and who is any of the following:
19        (1) American Indian or Alaska Native (a person having
20    origins in any of the original peoples of North and South
21    America, including Central America, and who maintains
22    tribal affiliation or community attachment).
23        (2) Asian (a person having origins in any of the
24    original peoples of the Far East, Southeast Asia, or the

 

 

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1    Indian subcontinent, including, but not limited to,
2    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
3    the Philippine Islands, Thailand, and Vietnam).
4        (3) Black or African American (a person having origins
5    in any of the black racial groups of Africa). Terms such as
6    "Haitian" or "Negro" can be used in addition to "Black or
7    African American".
8        (3.5) Descendant of American Slaves (a person having
9    direct ancestral lineage to victims of chattel slavery in
10    the United States of America). Terms such as "Black",
11    "African American", or "American Descendant of Slavery"
12    can be used in addition to "Descendant of American Slaves".
13        (4) Hispanic or Latino (a person of Cuban, Mexican,
14    Puerto Rican, South or Central American, or other Spanish
15    culture or origin, regardless of race).
16        (5) Native Hawaiian or Other Pacific Islander (a person
17    having origins in any of the original peoples of Hawaii,
18    Guam, Samoa, or other Pacific Islands).
19(Source: P.A. 97-396, eff. 1-1-12.)
 
20    Section 15. The Department of Public Health Powers and
21Duties Law of the Civil Administrative Code of Illinois is
22amended by changing Section 2310-215 as follows:
 
23    (20 ILCS 2310/2310-215)  (was 20 ILCS 2310/55.62)
24    Sec. 2310-215. Center for Minority Health Services.

 

 

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1    (a) The Department shall establish a Center for Minority
2Health Services to advise the Department on matters pertaining
3to the health needs of minority populations within the State.
4    (b) The Center shall have the following duties:
5        (1) To assist in the assessment of the health needs of
6    minority populations in the State.
7        (2) To recommend treatment methods and programs that
8    are sensitive and relevant to the unique linguistic,
9    cultural, and ethnic characteristics of minority
10    populations.
11        (3) To provide consultation, technical assistance,
12    training programs, and reference materials to service
13    providers, organizations, and other agencies.
14        (4) To promote awareness of minority health concerns,
15    and encourage, promote, and aid in the establishment of
16    minority services.
17        (5) To disseminate information on available minority
18    services.
19        (6) To provide adequate and effective opportunities
20    for minority populations to express their views on
21    Departmental policy development and program
22    implementation.
23        (7) To coordinate with the Department on Aging and the
24    Department of Healthcare and Family Services to coordinate
25    services designed to meet the needs of minority senior
26    citizens.

 

 

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1        (8) To promote awareness of the incidence of
2    Alzheimer's disease and related dementias among minority
3    populations and to encourage, promote, and aid in the
4    establishment of prevention and treatment programs and
5    services relating to this health problem.
6    (c) For the purpose of this Section, "minority" shall mean
7and include any person or group of persons who are any of the
8following:
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). Terms such as
20    "Haitian" or "Negro" can be used in addition to "Black or
21    African American".
22        (3.5) Descendant of American Slaves (a person having
23    direct ancestral lineage to victims of chattel slavery in
24    the United States of America). Terms such as "Black",
25    "African American", or "American Descendant of Slavery"
26    can be used in addition to "Descendant of American Slaves".

 

 

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1        (4) Hispanic or Latino (a person of Cuban, Mexican,
2    Puerto Rican, South or Central American, or other Spanish
3    culture or origin, regardless of race).
4        (5) Native Hawaiian or Other Pacific Islander (a person
5    having origins in any of the original peoples of Hawaii,
6    Guam, Samoa, or other Pacific Islands).
7(Source: P.A. 97-396, eff. 1-1-12.)
 
8    Section 20. The Business Enterprise for Minorities, Women,
9and Persons with Disabilities Act is amended by changing
10Section 2 as follows:
 
11    (30 ILCS 575/2)
12    (Section scheduled to be repealed on June 30, 2024)
13    Sec. 2. Definitions.
14    (A) For the purpose of this Act, the following terms shall
15have the following definitions:
16        (1) "Minority person" shall mean a person who is a
17    citizen or lawful permanent resident of the United States
18    and who is any of the following:
19            (a) American Indian or Alaska Native (a person
20        having origins in any of the original peoples of North
21        and South America, including Central America, and who
22        maintains tribal affiliation or community attachment).
23            (b) Asian (a person having origins in any of the
24        original peoples of the Far East, Southeast Asia, or

 

 

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1        the Indian subcontinent, including, but not limited
2        to, Cambodia, China, India, Japan, Korea, Malaysia,
3        Pakistan, the Philippine Islands, Thailand, and
4        Vietnam).
5            (c) Black or African American (a person having
6        origins in any of the black racial groups of Africa).
7        Terms such as "Haitian" or "Negro" can be used in
8        addition to "Black or African American".
9            (c-5) Descendant of American Slaves (a person
10        having direct ancestral lineage to victims of chattel
11        slavery in the United States of America). Terms such as
12        "Black", "African American", or "American Descendant
13        of Slavery" can be used in addition to "Descendant of
14        American Slaves".
15            (d) Hispanic or Latino (a person of Cuban, Mexican,
16        Puerto Rican, South or Central American, or other
17        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 of
20        Hawaii, Guam, Samoa, or other Pacific Islands).
21        (2) "Woman" shall mean a person who is a citizen or
22    lawful permanent resident of the United States and who is
23    of the female gender.
24        (2.05) "Person with a disability" means a person who is
25    a citizen or lawful resident of the United States and is a
26    person qualifying as a person with a disability under

 

 

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1    subdivision (2.1) of this subsection (A).
2        (2.1) "Person with a disability" means a person with a
3    severe physical or mental disability that:
4            (a) results from:
5            amputation,
6            arthritis,
7            autism,
8            blindness,
9            burn injury,
10            cancer,
11            cerebral palsy,
12            Crohn's disease,
13            cystic fibrosis,
14            deafness,
15            head injury,
16            heart disease,
17            hemiplegia,
18            hemophilia,
19            respiratory or pulmonary dysfunction,
20            an intellectual disability,
21            mental illness,
22            multiple sclerosis,
23            muscular dystrophy,
24            musculoskeletal disorders,
25            neurological disorders, including stroke and
26        epilepsy,

 

 

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1            paraplegia,
2            quadriplegia and other spinal cord conditions,
3            sickle cell anemia,
4            ulcerative colitis,
5            specific learning disabilities, or
6            end stage renal failure disease; and
7            (b) substantially limits one or more of the
8        person's major life activities.
9        Another disability or combination of disabilities may
10    also be considered as a severe disability for the purposes
11    of item (a) of this subdivision (2.1) if it is determined
12    by an evaluation of rehabilitation potential to cause a
13    comparable degree of substantial functional limitation
14    similar to the specific list of disabilities listed in item
15    (a) of this subdivision (2.1).
16        (3) "Minority-owned business" means a business which
17    is at least 51% owned by one or more minority persons, or
18    in the case of a corporation, at least 51% of the stock in
19    which is owned by one or more minority persons; and the
20    management and daily business operations of which are
21    controlled by one or more of the minority individuals who
22    own it.
23        (4) "Women-owned business" means a business which is at
24    least 51% owned by one or more women, or, in the case of a
25    corporation, at least 51% of the stock in which is owned by
26    one or more women; and the management and daily business

 

 

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1    operations of which are controlled by one or more of the
2    women who own it.
3        (4.1) "Business owned by a person with a disability"
4    means a business that is at least 51% owned by one or more
5    persons with a disability and the management and daily
6    business operations of which are controlled by one or more
7    of the persons with disabilities who own it. A
8    not-for-profit agency for persons with disabilities that
9    is exempt from taxation under Section 501 of the Internal
10    Revenue Code of 1986 is also considered a "business owned
11    by a person with a disability".
12        (4.2) "Council" means the Business Enterprise Council
13    for Minorities, Women, and Persons with Disabilities
14    created under Section 5 of this Act.
15        (5) "State contracts" means all contracts entered into
16    by the State, any agency or department thereof, or any
17    public institution of higher education, including
18    community college districts, regardless of the source of
19    the funds with which the contracts are paid, which are not
20    subject to federal reimbursement. "State contracts" does
21    not include contracts awarded by a retirement system,
22    pension fund, or investment board subject to Section
23    1-109.1 of the Illinois Pension Code. This definition shall
24    control over any existing definition under this Act or
25    applicable administrative rule.
26        "State construction contracts" means all State

 

 

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1    contracts entered into by a State agency or public
2    institution of higher education for the repair,
3    remodeling, renovation or construction of a building or
4    structure, or for the construction or maintenance of a
5    highway defined in Article 2 of the Illinois Highway Code.
6        (6) "State agencies" shall mean all departments,
7    officers, boards, commissions, institutions and bodies
8    politic and corporate of the State, but does not include
9    the Board of Trustees of the University of Illinois, the
10    Board of Trustees of Southern Illinois University, the
11    Board of Trustees of Chicago State University, the Board of
12    Trustees of Eastern Illinois University, the Board of
13    Trustees of Governors State University, the Board of
14    Trustees of Illinois State University, the Board of
15    Trustees of Northeastern Illinois University, the Board of
16    Trustees of Northern Illinois University, the Board of
17    Trustees of Western Illinois University, municipalities or
18    other local governmental units, or other State
19    constitutional officers.
20        (7) "Public institutions of higher education" means
21    the University of Illinois, Southern Illinois University,
22    Chicago State University, Eastern Illinois University,
23    Governors State University, Illinois State University,
24    Northeastern Illinois University, Northern Illinois
25    University, Western Illinois University, the public
26    community colleges of the State, and any other public

 

 

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1    universities, colleges, and community colleges now or
2    hereafter established or authorized by the General
3    Assembly.
4        (8) "Certification" means a determination made by the
5    Council or by one delegated authority from the Council to
6    make certifications, or by a State agency with statutory
7    authority to make such a certification, that a business
8    entity is a business owned by a minority, woman, or person
9    with a disability for whatever purpose. A business owned
10    and controlled by women shall be certified as a
11    "woman-owned business". A business owned and controlled by
12    women who are also minorities shall be certified as both a
13    "women-owned business" and a "minority-owned business".
14        (9) "Control" means the exclusive or ultimate and sole
15    control of the business including, but not limited to,
16    capital investment and all other financial matters,
17    property, acquisitions, contract negotiations, legal
18    matters, officer-director-employee selection and
19    comprehensive hiring, operating responsibilities,
20    cost-control matters, income and dividend matters,
21    financial transactions and rights of other shareholders or
22    joint partners. Control shall be real, substantial and
23    continuing, not pro forma. Control shall include the power
24    to direct or cause the direction of the management and
25    policies of the business and to make the day-to-day as well
26    as major decisions in matters of policy, management and

 

 

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1    operations. Control shall be exemplified by possessing the
2    requisite knowledge and expertise to run the particular
3    business and control shall not include simple majority or
4    absentee ownership.
5        (10) "Business" means a business that has annual gross
6    sales of less than $75,000,000 as evidenced by the federal
7    income tax return of the business. A firm with gross sales
8    in excess of this cap may apply to the Council for
9    certification for a particular contract if the firm can
10    demonstrate that the contract would have significant
11    impact on businesses owned by minorities, women, or persons
12    with disabilities as suppliers or subcontractors or in
13    employment of minorities, women, or persons with
14    disabilities.
15        (11) "Utilization plan" means a form and additional
16    documentations included in all bids or proposals that
17    demonstrates a vendor's proposed utilization of vendors
18    certified by the Business Enterprise Program to meet the
19    targeted goal. The utilization plan shall demonstrate that
20    the Vendor has either: (1) met the entire contract goal or
21    (2) requested a full or partial waiver and made good faith
22    efforts towards meeting the goal.
23        (12) "Business Enterprise Program" means the Business
24    Enterprise Program of the Department of Central Management
25    Services.
26    (B) When a business is owned at least 51% by any

 

 

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1combination of minority persons, women, or persons with
2disabilities, even though none of the 3 classes alone holds at
3least a 51% interest, the ownership requirement for purposes of
4this Act is considered to be met. The certification category
5for the business is that of the class holding the largest
6ownership interest in the business. If 2 or more classes have
7equal ownership interests, the certification category shall be
8determined by the business.
9(Source: P.A. 99-143, eff. 7-27-15; 99-462, eff. 8-25-15;
1099-642, eff. 7-28-16; 100-391, eff. 8-25-17.)
 
11    Section 25. The State Construction Minority and Female
12Building Trades Act is amended by changing Section 35-5 as
13follows:
 
14    (30 ILCS 577/35-5)
15    Sec. 35-5. Definitions. For the purposes of this Article:
16    "Under-represented minority" means a person who is any of
17the following:
18        (1) American Indian or Alaska Native (a person having
19    origins in any of the original peoples of North and South
20    America, including Central America, and who maintains
21    tribal affiliation or community attachment).
22        (2) Asian (a person having origins in any of the
23    original peoples of the Far East, Southeast Asia, or the
24    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). Terms such as
5    "Haitian" or "Negro" can be used in addition to "Black or
6    African American".
7        (3.5) Descendant of American Slaves (a person having
8    direct ancestral lineage to victims of chattel slavery in
9    the United States of America). Terms such as "Black",
10    "African American", or "American Descendant of Slavery"
11    can be used in addition to "Descendant of American Slaves".
12        (4) Hispanic or Latino (a person of Cuban, Mexican,
13    Puerto Rican, South or Central American, or other Spanish
14    culture or origin, regardless of race).
15        (5) Native Hawaiian or Other Pacific Islander (a person
16    having origins in any of the original peoples of Hawaii,
17    Guam, Samoa, or other Pacific Islands).
18    "Construction" means any constructing, altering,
19reconstructing, repairing, rehabilitating, refinishing,
20refurbishing, remodeling, remediating, renovating, custom
21fabricating, maintenance, landscaping, improving, wrecking,
22painting, decorating, demolishing, and adding to or
23subtracting from any building, structure, highway, roadway,
24street, bridge, alley, sewer, ditch, sewage disposal plant,
25water works, parking facility, railroad, excavation or other
26structure, project, development, real property or improvement,

 

 

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1or to do any part thereof, whether or not the performance of
2the work herein described involves the addition to, or
3fabrication into, any structure, project, development, real
4property or improvement herein described of any material or
5article of merchandise. Construction shall also include moving
6construction related materials on the job site to or from the
7job site.
8(Source: P.A. 96-37, eff. 7-13-09; 97-396, eff. 1-1-12.)
 
9    Section 30. The Inclusion of Women and Minorities in
10Clinical Research Act is amended by changing Section 5 as
11follows:
 
12    (30 ILCS 785/5)
13    Sec. 5. Definitions. In this Act:
14    "Grantee" means any qualified public, private, or
15not-for-profit agency or individual, including, but not
16limited to, a college, university, hospital, laboratory,
17research institution, local health department, voluntary
18health agency, health maintenance organization, corporation,
19student, fellow, or entrepreneur, conducting clinical research
20using State funds. A grantee may also be a corporation that is
21headquartered in Illinois and that conducts research using
22State funds.
23    "Minority group" means a group that is a readily
24identifiable subset of the U.S. population that is

 

 

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1distinguished by racial, ethnic, or cultural heritage and that
2is made up of persons who are any of the following:
3        (1) American Indian or Alaska Native (a person having
4    origins in any of the original peoples of North and South
5    America, including Central America, and who maintains
6    tribal affiliation or community attachment).
7        (2) Asian (a person having origins in any of the
8    original peoples of the Far East, Southeast Asia, or the
9    Indian subcontinent, including, but not limited to,
10    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
11    the Philippine Islands, Thailand, and Vietnam).
12        (3) Black or African American (a person having origins
13    in any of the black racial groups of Africa). Terms such as
14    "Haitian" or "Negro" can be used in addition to "Black or
15    African American".
16        (3.5) Descendant of American Slaves (a person having
17    direct ancestral lineage to victims of chattel slavery in
18    the United States of America). Terms such as "Black",
19    "African American", or "American Descendant of Slavery"
20    can be used in addition to "Descendant of American Slaves".
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 person
25    having origins in any of the original peoples of Hawaii,
26    Guam, Samoa, or other Pacific Islands).

 

 

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1    "Project of clinical research" includes a clinical trial.
2(Source: P.A. 97-396, eff. 1-1-12.)
 
3    Section 35. The Metropolitan Pier and Exposition Authority
4Act is amended by changing Section 23.1 as follows:
 
5    (70 ILCS 210/23.1)  (from Ch. 85, par. 1243.1)
6    Sec. 23.1. Affirmative action.
7    (a) The Authority shall, within 90 days after the effective
8date of this amendatory Act of 1984, establish and maintain an
9affirmative action program designed to promote equal
10employment opportunity and eliminate the effects of past
11discrimination. Such program shall include a plan, including
12timetables where appropriate, which shall specify goals and
13methods for increasing participation by women and minorities in
14employment, including employment related to the planning,
15organization, and staging of the games, by the Authority and by
16parties which contract with the Authority. The Authority shall
17submit a detailed plan with the General Assembly prior to
18September 1 of each year. Such program shall also establish
19procedures and sanctions, which the Authority shall enforce to
20ensure compliance with the plan established pursuant to this
21Section and with State and federal laws and regulations
22relating to the employment of women and minorities. A
23determination by the Authority as to whether a party to a
24contract with the Authority has achieved the goals or employed

 

 

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1the methods for increasing participation by women and
2minorities shall be determined in accordance with the terms of
3such contracts or the applicable provisions of rules and
4regulations of the Authority existing at the time such contract
5was executed, including any provisions for consideration of
6good faith efforts at compliance which the Authority may
7reasonably adopt.
8    (b) The Authority shall adopt and maintain minority-owned
9and women-owned business enterprise procurement programs under
10the affirmative action program described in subsection (a) for
11any and all work, including all contracting related to the
12planning, organization, and staging of the games, undertaken by
13the Authority. That work shall include, but is not limited to,
14the purchase of professional services, construction services,
15supplies, materials, and equipment. The programs shall
16establish goals of awarding not less than 25% of the annual
17dollar value of all contracts, purchase orders, or other
18agreements (collectively referred to as "contracts") to
19minority-owned businesses and 5% of the annual dollar value of
20all contracts to women-owned businesses. Without limiting the
21generality of the foregoing, the programs shall require in
22connection with the prequalification or consideration of
23vendors for professional service contracts, construction
24contracts, and contracts for supplies, materials, equipment,
25and services that each proposer or bidder submit as part of his
26or her proposal or bid a commitment detailing how he or she

 

 

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1will expend 25% or more of the dollar value of his or her
2contracts with one or more minority-owned businesses and 5% or
3more of the dollar value with one or more women-owned
4businesses. Bids or proposals that do not include such detailed
5commitments are not responsive and shall be rejected unless the
6Authority deems it appropriate to grant a waiver of these
7requirements. In addition the Authority may, in connection with
8the selection of providers of professional services, reserve
9the right to select a minority-owned or women-owned business or
10businesses to fulfill the commitment to minority and woman
11business participation. The commitment to minority and woman
12business participation may be met by the contractor or
13professional service provider's status as a minority-owned or
14women-owned business, by joint venture or by subcontracting a
15portion of the work with or purchasing materials for the work
16from one or more such businesses, or by any combination
17thereof. Each contract shall require the contractor or provider
18to submit a certified monthly report detailing the status of
19that contractor or provider's compliance with the Authority's
20minority-owned and women-owned business enterprise procurement
21program. The Authority, after reviewing the monthly reports of
22the contractors and providers, shall compile a comprehensive
23report regarding compliance with this procurement program and
24file it quarterly with the General Assembly. If, in connection
25with a particular contract, the Authority determines that it is
26impracticable or excessively costly to obtain minority-owned

 

 

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1or women-owned businesses to perform sufficient work to fulfill
2the commitment required by this subsection, the Authority shall
3reduce or waive the commitment in the contract, as may be
4appropriate. The Authority shall establish rules and
5regulations setting forth the standards to be used in
6determining whether or not a reduction or waiver is
7appropriate. The terms "minority-owned business" and
8"women-owned business" have the meanings given to those terms
9in the Business Enterprise for Minorities, Women, and Persons
10with Disabilities Act.
11    (c) The Authority shall adopt and maintain an affirmative
12action program in connection with the hiring of minorities and
13women on the Expansion Project and on any and all construction
14projects, including all contracting related to the planning,
15organization, and staging of the games, undertaken by the
16Authority. The program shall be designed to promote equal
17employment opportunity and shall specify the goals and methods
18for increasing the participation of minorities and women in a
19representative mix of job classifications required to perform
20the respective contracts awarded by the Authority.
21    (d) In connection with the Expansion Project, the Authority
22shall incorporate the following elements into its
23minority-owned and women-owned business procurement programs
24to the extent feasible: (1) a major contractors program that
25permits minority-owned businesses and women-owned businesses
26to bear significant responsibility and risk for a portion of

 

 

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1the project; (2) a mentor/protege program that provides
2financial, technical, managerial, equipment, and personnel
3support to minority-owned businesses and women-owned
4businesses; (3) an emerging firms program that includes
5minority-owned businesses and women-owned businesses that
6would not otherwise qualify for the project due to inexperience
7or limited resources; (4) a small projects program that
8includes participation by smaller minority-owned businesses
9and women-owned businesses on jobs where the total dollar value
10is $5,000,000 or less; and (5) a set-aside program that will
11identify contracts requiring the expenditure of funds less than
12$50,000 for bids to be submitted solely by minority-owned
13businesses and women-owned businesses.
14    (e) The Authority is authorized to enter into agreements
15with contractors' associations, labor unions, and the
16contractors working on the Expansion Project to establish an
17Apprenticeship Preparedness Training Program to provide for an
18increase in the number of minority and women journeymen and
19apprentices in the building trades and to enter into agreements
20with Community College District 508 to provide readiness
21training. The Authority is further authorized to enter into
22contracts with public and private educational institutions and
23persons in the hospitality industry to provide training for
24employment in the hospitality industry.
25    (f) McCormick Place Advisory Board. There is created a
26McCormick Place Advisory Board composed as follows: 2 members

 

 

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1shall be appointed by the Mayor of Chicago; 2 members shall be
2appointed by the Governor; 2 members shall be State Senators
3appointed by the President of the Senate; 2 members shall be
4State Senators appointed by the Minority Leader of the Senate;
52 members shall be State Representatives appointed by the
6Speaker of the House of Representatives; and 2 members shall be
7State Representatives appointed by the Minority Leader of the
8House of Representatives. The terms of all previously appointed
9members of the Advisory Board expire on the effective date of
10this amendatory Act of the 92nd General Assembly. A State
11Senator or State Representative member may appoint a designee
12to serve on the McCormick Place Advisory Board in his or her
13absence.
14    A "member of a minority group" shall mean a person who is a
15citizen or lawful permanent resident of the United States and
16who is any of the following:
17        (1) American Indian or Alaska Native (a person having
18    origins in any of the original peoples of North and South
19    America, including Central America, and who maintains
20    tribal affiliation or community attachment).
21        (2) Asian (a person having origins in any of the
22    original peoples of the Far East, Southeast Asia, or the
23    Indian subcontinent, including, but not limited to,
24    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
25    the Philippine Islands, Thailand, and Vietnam).
26        (3) Black or African American (a person having origins

 

 

HB4260- 29 -LRB101 16082 RJF 65445 b

1    in any of the black racial groups of Africa). Terms such as
2    "Haitian" or "Negro" can be used in addition to "Black or
3    African American".
4        (3.5) Descendant of American Slaves (a person having
5    direct ancestral lineage to victims of chattel slavery in
6    the United States of America). Terms such as "Black",
7    "African American", or "American Descendant of Slavery"
8    can be used in addition to "Descendant of American Slaves".
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 person
13    having origins in any of the original peoples of Hawaii,
14    Guam, Samoa, or other Pacific Islands).
15    Members of the McCormick Place Advisory Board shall serve
162-year terms and until their successors are appointed, except
17members who serve as a result of their elected position whose
18terms shall continue as long as they hold their designated
19elected positions. Vacancies shall be filled by appointment for
20the unexpired term in the same manner as original appointments
21are made. The McCormick Place Advisory Board shall elect its
22own chairperson.
23    Members of the McCormick Place Advisory Board shall serve
24without compensation but, at the Authority's discretion, shall
25be reimbursed for necessary expenses in connection with the
26performance of their duties.

 

 

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1    The McCormick Place Advisory Board shall meet quarterly, or
2as needed, shall produce any reports it deems necessary, and
3shall:
4        (1) Work with the Authority on ways to improve the area
5    physically and economically;
6        (2) Work with the Authority regarding potential means
7    for providing increased economic opportunities to
8    minorities and women produced indirectly or directly from
9    the construction and operation of the Expansion Project;
10        (3) Work with the Authority to minimize any potential
11    impact on the area surrounding the McCormick Place
12    Expansion Project, including any impact on minority-owned
13    or women-owned businesses, resulting from the construction
14    and operation of the Expansion Project;
15        (4) Work with the Authority to find candidates for
16    building trades apprenticeships, for employment in the
17    hospitality industry, and to identify job training
18    programs;
19        (5) Work with the Authority to implement the provisions
20    of subsections (a) through (e) of this Section in the
21    construction of the Expansion Project, including the
22    Authority's goal of awarding not less than 25% and 5% of
23    the annual dollar value of contracts to minority-owned and
24    women-owned businesses, the outreach program for
25    minorities and women, and the mentor/protege program for
26    providing assistance to minority-owned and women-owned

 

 

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1    businesses.
2    (g) The Authority shall comply with subsection (e) of
3Section 5-42 of the Olympic Games and Paralympic Games (2016)
4Law. For purposes of this Section, the term "games" has the
5meaning set forth in the Olympic Games and Paralympic Games
6(2016) Law.
7(Source: P.A. 100-391, eff. 8-25-17.)
 
8    Section 40. The School Code is amended by changing Section
934-18 as follows:
 
10    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
11    Sec. 34-18. Powers of the board. The board shall exercise
12general supervision and jurisdiction over the public education
13and the public school system of the city, and, except as
14otherwise provided by this Article, shall have power:
15        1. To make suitable provision for the establishment and
16    maintenance throughout the year or for such portion thereof
17    as it may direct, not less than 9 months and in compliance
18    with Section 10-19.05, of schools of all grades and kinds,
19    including normal schools, high schools, night schools,
20    schools for defectives and delinquents, parental and
21    truant schools, schools for the blind, the deaf, and
22    persons with physical disabilities, schools or classes in
23    manual training, constructural and vocational teaching,
24    domestic arts, and physical culture, vocation and

 

 

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1    extension schools and lecture courses, and all other
2    educational courses and facilities, including
3    establishing, equipping, maintaining and operating
4    playgrounds and recreational programs, when such programs
5    are conducted in, adjacent to, or connected with any public
6    school under the general supervision and jurisdiction of
7    the board; provided that the calendar for the school term
8    and any changes must be submitted to and approved by the
9    State Board of Education before the calendar or changes may
10    take effect, and provided that in allocating funds from
11    year to year for the operation of all attendance centers
12    within the district, the board shall ensure that
13    supplemental general State aid or supplemental grant funds
14    are allocated and applied in accordance with Section 18-8,
15    18-8.05, or 18-8.15. To admit to such schools without
16    charge foreign exchange students who are participants in an
17    organized exchange student program which is authorized by
18    the board. The board shall permit all students to enroll in
19    apprenticeship programs in trade schools operated by the
20    board, whether those programs are union-sponsored or not.
21    No student shall be refused admission into or be excluded
22    from any course of instruction offered in the common
23    schools by reason of that student's sex. No student shall
24    be denied equal access to physical education and
25    interscholastic athletic programs supported from school
26    district funds or denied participation in comparable

 

 

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1    physical education and athletic programs solely by reason
2    of the student's sex. Equal access to programs supported
3    from school district funds and comparable programs will be
4    defined in rules promulgated by the State Board of
5    Education in consultation with the Illinois High School
6    Association. Notwithstanding any other provision of this
7    Article, neither the board of education nor any local
8    school council or other school official shall recommend
9    that children with disabilities be placed into regular
10    education classrooms unless those children with
11    disabilities are provided with supplementary services to
12    assist them so that they benefit from the regular classroom
13    instruction and are included on the teacher's regular
14    education class register;
15        2. To furnish lunches to pupils, to make a reasonable
16    charge therefor, and to use school funds for the payment of
17    such expenses as the board may determine are necessary in
18    conducting the school lunch program;
19        3. To co-operate with the circuit court;
20        4. To make arrangements with the public or quasi-public
21    libraries and museums for the use of their facilities by
22    teachers and pupils of the public schools;
23        5. To employ dentists and prescribe their duties for
24    the purpose of treating the pupils in the schools, but
25    accepting such treatment shall be optional with parents or
26    guardians;

 

 

HB4260- 34 -LRB101 16082 RJF 65445 b

1        6. To grant the use of assembly halls and classrooms
2    when not otherwise needed, including light, heat, and
3    attendants, for free public lectures, concerts, and other
4    educational and social interests, free of charge, under
5    such provisions and control as the principal of the
6    affected attendance center may prescribe;
7        7. To apportion the pupils to the several schools;
8    provided that no pupil shall be excluded from or segregated
9    in any such school on account of his color, race, sex, or
10    nationality. The board shall take into consideration the
11    prevention of segregation and the elimination of
12    separation of children in public schools because of color,
13    race, sex, or nationality. Except that children may be
14    committed to or attend parental and social adjustment
15    schools established and maintained either for boys or girls
16    only. All records pertaining to the creation, alteration or
17    revision of attendance areas shall be open to the public.
18    Nothing herein shall limit the board's authority to
19    establish multi-area attendance centers or other student
20    assignment systems for desegregation purposes or
21    otherwise, and to apportion the pupils to the several
22    schools. Furthermore, beginning in school year 1994-95,
23    pursuant to a board plan adopted by October 1, 1993, the
24    board shall offer, commencing on a phased-in basis, the
25    opportunity for families within the school district to
26    apply for enrollment of their children in any attendance

 

 

HB4260- 35 -LRB101 16082 RJF 65445 b

1    center within the school district which does not have
2    selective admission requirements approved by the board.
3    The appropriate geographical area in which such open
4    enrollment may be exercised shall be determined by the
5    board of education. Such children may be admitted to any
6    such attendance center on a space available basis after all
7    children residing within such attendance center's area
8    have been accommodated. If the number of applicants from
9    outside the attendance area exceed the space available,
10    then successful applicants shall be selected by lottery.
11    The board of education's open enrollment plan must include
12    provisions that allow low-income low income students to
13    have access to transportation needed to exercise school
14    choice. Open enrollment shall be in compliance with the
15    provisions of the Consent Decree and Desegregation Plan
16    cited in Section 34-1.01;
17        8. To approve programs and policies for providing
18    transportation services to students. Nothing herein shall
19    be construed to permit or empower the State Board of
20    Education to order, mandate, or require busing or other
21    transportation of pupils for the purpose of achieving
22    racial balance in any school;
23        9. Subject to the limitations in this Article, to
24    establish and approve system-wide curriculum objectives
25    and standards, including graduation standards, which
26    reflect the multi-cultural diversity in the city and are

 

 

HB4260- 36 -LRB101 16082 RJF 65445 b

1    consistent with State law, provided that for all purposes
2    of this Article courses or proficiency in American Sign
3    Language shall be deemed to constitute courses or
4    proficiency in a foreign language; and to employ principals
5    and teachers, appointed as provided in this Article, and
6    fix their compensation. The board shall prepare such
7    reports related to minimal competency testing as may be
8    requested by the State Board of Education, and, in
9    addition, shall monitor and approve special education and
10    bilingual education programs and policies within the
11    district to ensure assure that appropriate services are
12    provided in accordance with applicable State and federal
13    laws to children requiring services and education in those
14    areas;
15        10. To employ non-teaching personnel or utilize
16    volunteer personnel for: (i) non-teaching duties not
17    requiring instructional judgment or evaluation of pupils,
18    including library duties; and (ii) supervising study
19    halls, long distance teaching reception areas used
20    incident to instructional programs transmitted by
21    electronic media such as computers, video, and audio,
22    detention and discipline areas, and school-sponsored
23    extracurricular activities. The board may further utilize
24    volunteer non-certificated personnel or employ
25    non-certificated personnel to assist in the instruction of
26    pupils under the immediate supervision of a teacher holding

 

 

HB4260- 37 -LRB101 16082 RJF 65445 b

1    a valid certificate, directly engaged in teaching subject
2    matter or conducting activities; provided that the teacher
3    shall be continuously aware of the non-certificated
4    persons' activities and shall be able to control or modify
5    them. The general superintendent shall determine
6    qualifications of such personnel and shall prescribe rules
7    for determining the duties and activities to be assigned to
8    such personnel;
9        10.5. To utilize volunteer personnel from a regional
10    School Crisis Assistance Team (S.C.A.T.), created as part
11    of the Safe to Learn Program established pursuant to
12    Section 25 of the Illinois Violence Prevention Act of 1995,
13    to provide assistance to schools in times of violence or
14    other traumatic incidents within a school community by
15    providing crisis intervention services to lessen the
16    effects of emotional trauma on individuals and the
17    community; the School Crisis Assistance Team Steering
18    Committee shall determine the qualifications for
19    volunteers;
20        11. To provide television studio facilities in not to
21    exceed one school building and to provide programs for
22    educational purposes, provided, however, that the board
23    shall not construct, acquire, operate, or maintain a
24    television transmitter; to grant the use of its studio
25    facilities to a licensed television station located in the
26    school district; and to maintain and operate not to exceed

 

 

HB4260- 38 -LRB101 16082 RJF 65445 b

1    one school radio transmitting station and provide programs
2    for educational purposes;
3        12. To offer, if deemed appropriate, outdoor education
4    courses, including field trips within the State of
5    Illinois, or adjacent states, and to use school educational
6    funds for the expense of the said outdoor educational
7    programs, whether within the school district or not;
8        13. During that period of the calendar year not
9    embraced within the regular school term, to provide and
10    conduct courses in subject matters normally embraced in the
11    program of the schools during the regular school term and
12    to give regular school credit for satisfactory completion
13    by the student of such courses as may be approved for
14    credit by the State Board of Education;
15        14. To insure against any loss or liability of the
16    board, the former School Board Nominating Commission,
17    Local School Councils, the Chicago Schools Academic
18    Accountability Council, or the former Subdistrict Councils
19    or of any member, officer, agent, or employee thereof,
20    resulting from alleged violations of civil rights arising
21    from incidents occurring on or after September 5, 1967 or
22    from the wrongful or negligent act or omission of any such
23    person whether occurring within or without the school
24    premises, provided the officer, agent, or employee was, at
25    the time of the alleged violation of civil rights or
26    wrongful act or omission, acting within the scope of his or

 

 

HB4260- 39 -LRB101 16082 RJF 65445 b

1    her employment or under direction of the board, the former
2    School Board Nominating Commission, the Chicago Schools
3    Academic Accountability Council, Local School Councils, or
4    the former Subdistrict Councils; and to provide for or
5    participate in insurance plans for its officers and
6    employees, including, but not limited to, retirement
7    annuities, medical, surgical and hospitalization benefits
8    in such types and amounts as may be determined by the
9    board; provided, however, that the board shall contract for
10    such insurance only with an insurance company authorized to
11    do business in this State. Such insurance may include
12    provision for employees who rely on treatment by prayer or
13    spiritual means alone for healing, in accordance with the
14    tenets and practice of a recognized religious
15    denomination;
16        15. To contract with the corporate authorities of any
17    municipality or the county board of any county, as the case
18    may be, to provide for the regulation of traffic in parking
19    areas of property used for school purposes, in such manner
20    as is provided by Section 11-209 of the The Illinois
21    Vehicle Code, approved September 29, 1969, as amended;
22        16. (a) To provide, on an equal basis, access to a high
23    school campus and student directory information to the
24    official recruiting representatives of the armed forces of
25    Illinois and the United States for the purposes of
26    informing students of the educational and career

 

 

HB4260- 40 -LRB101 16082 RJF 65445 b

1    opportunities available in the military if the board has
2    provided such access to persons or groups whose purpose is
3    to acquaint students with educational or occupational
4    opportunities available to them. The board is not required
5    to give greater notice regarding the right of access to
6    recruiting representatives than is given to other persons
7    and groups. In this paragraph 16, "directory information"
8    means a high school student's name, address, and telephone
9    number.
10        (b) If a student or his or her parent or guardian
11    submits a signed, written request to the high school before
12    the end of the student's sophomore year (or if the student
13    is a transfer student, by another time set by the high
14    school) that indicates that the student or his or her
15    parent or guardian does not want the student's directory
16    information to be provided to official recruiting
17    representatives under subsection (a) of this Section, the
18    high school may not provide access to the student's
19    directory information to these recruiting representatives.
20    The high school shall notify its students and their parents
21    or guardians of the provisions of this subsection (b).
22        (c) A high school may require official recruiting
23    representatives of the armed forces of Illinois and the
24    United States to pay a fee for copying and mailing a
25    student's directory information in an amount that is not
26    more than the actual costs incurred by the high school.

 

 

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1        (d) Information received by an official recruiting
2    representative under this Section may be used only to
3    provide information to students concerning educational and
4    career opportunities available in the military and may not
5    be released to a person who is not involved in recruiting
6    students for the armed forces of Illinois or the United
7    States;
8        17. (a) To sell or market any computer program
9    developed by an employee of the school district, provided
10    that such employee developed the computer program as a
11    direct result of his or her duties with the school district
12    or through the utilization of the school district resources
13    or facilities. The employee who developed the computer
14    program shall be entitled to share in the proceeds of such
15    sale or marketing of the computer program. The distribution
16    of such proceeds between the employee and the school
17    district shall be as agreed upon by the employee and the
18    school district, except that neither the employee nor the
19    school district may receive more than 90% of such proceeds.
20    The negotiation for an employee who is represented by an
21    exclusive bargaining representative may be conducted by
22    such bargaining 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

 

 

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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 is
18    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 county
24    with a population of 3,000,000 or more, the Cook County
25    Forest Preserve District, the Chicago Park District, the
26    Metropolitan Water Reclamation District, the Chicago

 

 

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1    Transit Authority, or a housing authority of a municipality
2    with a population of 500,000 or more that a debt is due and
3    owing the municipality, the county, the Cook County Forest
4    Preserve District, the Chicago Park District, the
5    Metropolitan Water Reclamation District, the Chicago
6    Transit Authority, or the housing authority by an employee
7    of the Chicago Board of Education, to withhold, from the
8    compensation of that employee, the amount of the debt that
9    is due and owing and pay the amount withheld to the
10    municipality, the county, the Cook County Forest Preserve
11    District, the Chicago Park District, the Metropolitan
12    Water Reclamation District, the Chicago Transit Authority,
13    or the housing authority; provided, however, that the
14    amount deducted from any one salary or wage payment shall
15    not exceed 25% of the net amount of the payment. Before the
16    Board deducts any amount from any salary or wage of an
17    employee under this paragraph, the municipality, the
18    county, the Cook County Forest Preserve District, the
19    Chicago Park District, the Metropolitan Water Reclamation
20    District, the Chicago Transit Authority, or the housing
21    authority shall certify that (i) the employee has been
22    afforded an opportunity for a hearing to dispute the debt
23    that is due and owing the municipality, the county, the
24    Cook County Forest Preserve District, the Chicago Park
25    District, the Metropolitan Water Reclamation District, the
26    Chicago Transit Authority, or the housing authority and

 

 

HB4260- 44 -LRB101 16082 RJF 65445 b

1    (ii) the employee has received notice of a wage deduction
2    order and has been afforded an opportunity for a hearing to
3    object to the order. For purposes of this paragraph, "net
4    amount" means that part of the salary or wage payment
5    remaining after the deduction of any amounts required by
6    law to be deducted and "debt due and owing" means (i) a
7    specified sum of money owed to the municipality, the
8    county, the Cook County Forest Preserve District, the
9    Chicago Park District, the Metropolitan Water Reclamation
10    District, the Chicago Transit Authority, or the housing
11    authority for services, work, or goods, after the period
12    granted for payment has expired, or (ii) a specified sum of
13    money owed to the municipality, the county, the Cook County
14    Forest Preserve District, the Chicago Park District, the
15    Metropolitan Water Reclamation District, the Chicago
16    Transit Authority, or the housing authority pursuant to a
17    court order or order of an administrative hearing officer
18    after the exhaustion of, or the failure to exhaust,
19    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 of
25    such time;
26        21. To make available to students vocational and career

 

 

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1    counseling and to establish 5 special career counseling
2    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 person
10    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). Terms such as
22    "Haitian" or "Negro" can be used in addition to "Black or
23    African American".
24        (c-5) Descendant of American Slaves (a person having
25    direct ancestral lineage to victims of chattel slavery in
26    the United States of America). Terms such as "Black",

 

 

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1    "African American", or "American Descendant of Slavery"
2    can be used in addition to "Descendant of American Slaves".
3        (d) 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        (e) Native Hawaiian or Other Pacific Islander (a person
7    having origins in any of the original peoples of Hawaii,
8    Guam, Samoa, or other Pacific Islands).
9        Counseling days shall not be in lieu of regular school
10    days;
11        22. To report to the State Board of Education the
12    annual student dropout rate and number of students who
13    graduate from, transfer from, or otherwise leave bilingual
14    programs;
15        23. Except as otherwise provided in the Abused and
16    Neglected Child Reporting Act or other applicable State or
17    federal law, to permit school officials to withhold, from
18    any person, information on the whereabouts of any child
19    removed from school premises when the child has been taken
20    into protective custody as a victim of suspected child
21    abuse. School officials shall direct such person to the
22    Department of Children and Family Services, or to the local
23    law enforcement agency, if appropriate;
24        24. To develop a policy, based on the current state of
25    existing school facilities, projected enrollment, and
26    efficient utilization of available resources, for capital

 

 

HB4260- 47 -LRB101 16082 RJF 65445 b

1    improvement of schools and school buildings within the
2    district, addressing in that policy both the relative
3    priority for major repairs, renovations, and additions to
4    school facilities, and the advisability or necessity of
5    building new school facilities or closing existing schools
6    to meet current or projected demographic patterns within
7    the district;
8        25. To make available to the students in every high
9    school attendance center the ability to take all courses
10    necessary to comply with the Board of Higher Education's
11    college entrance criteria effective in 1993;
12        26. To encourage mid-career changes into the teaching
13    profession, whereby qualified professionals become
14    certified teachers, by allowing credit for professional
15    employment in related fields when determining point of
16    entry on the teacher pay scale;
17        27. To provide or contract out training programs for
18    administrative personnel and principals with revised or
19    expanded duties pursuant to this Code Act in order to
20    ensure assure they have the knowledge and skills to perform
21    their duties;
22        28. To establish a fund for the prioritized special
23    needs programs, and to allocate such funds and other lump
24    sum amounts to each attendance center in a manner
25    consistent with the provisions of part 4 of Section 34-2.3.
26    Nothing in this paragraph shall be construed to require any

 

 

HB4260- 48 -LRB101 16082 RJF 65445 b

1    additional appropriations of State funds for this purpose;
2        29. (Blank);
3        30. Notwithstanding any other provision of this Act or
4    any other law to the contrary, to contract with third
5    parties for services otherwise performed by employees,
6    including those in a bargaining unit, and to layoff those
7    employees upon 14 days written notice to the affected
8    employees. Those contracts may be for a period not to
9    exceed 5 years and may be awarded on a system-wide basis.
10    The board may not operate more than 30 contract schools,
11    provided that the board may operate an additional 5
12    contract turnaround schools pursuant to item (5.5) of
13    subsection (d) of Section 34-8.3 of this Code, and the
14    governing bodies of contract schools are subject to the
15    Freedom of Information Act and Open Meetings Act;
16        31. To promulgate rules establishing procedures
17    governing the layoff or reduction in force of employees and
18    the recall of such employees, including, but not limited
19    to, criteria for such layoffs, reductions in force or
20    recall rights of such employees and the weight to be given
21    to any particular criterion. Such criteria shall take into
22    account factors, including, but not be limited to,
23    qualifications, certifications, experience, performance
24    ratings or evaluations, and any other factors relating to
25    an employee's job performance;
26        32. To develop a policy to prevent nepotism in the

 

 

HB4260- 49 -LRB101 16082 RJF 65445 b

1    hiring of personnel or the selection of contractors;
2        33. (Blank); and
3        34. To establish a Labor Management Council to the
4    board comprised of representatives of the board, the chief
5    executive officer, and those labor organizations that are
6    the exclusive representatives of employees of the board and
7    to promulgate policies and procedures for the operation of
8    the Council.
9    The specifications of the powers herein granted are not to
10be construed as exclusive, but the board shall also exercise
11all other powers that they may be requisite or proper for the
12maintenance and the development of a public school system, not
13inconsistent with the other provisions of this Article or
14provisions of this Code which apply to all school districts.
15    In addition to the powers herein granted and authorized to
16be exercised by the board, it shall be the duty of the board to
17review or to direct independent reviews of special education
18expenditures and services. The board shall file a report of
19such review with the General Assembly on or before May 1, 1990.
20(Source: P.A. 100-465, eff. 8-31-17; 100-1046, eff. 8-23-18;
21101-12, eff. 7-1-19; 101-88, eff. 1-1-20; revised 8-19-19.)
 
22    Section 45. The Board of Higher Education Act is amended by
23changing Section 9.16 as follows:
 
24    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)

 

 

HB4260- 50 -LRB101 16082 RJF 65445 b

1    Sec. 9.16. Underrepresentation of certain groups in higher
2education. To require public institutions of higher education
3to develop and implement methods and strategies to increase the
4participation of minorities, women and individuals with
5disabilities who are traditionally underrepresented in
6education programs and activities. For the purpose of this
7Section, minorities shall mean persons who are citizens of the
8United States or lawful permanent resident aliens of the United
9States and who are any of the 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). Terms such as
21    "Haitian" or "Negro" can be used in addition to "Black or
22    African American".
23        (3.5) Descendant of American Slaves (a person having
24    direct ancestral lineage to victims of chattel slavery in
25    the United States of America). Terms such as "Black",
26    "African American", or "American Descendant of Slavery"

 

 

HB4260- 51 -LRB101 16082 RJF 65445 b

1    can be used in addition to "Descendant of American Slaves".
2        (4) Hispanic or Latino (a person of Cuban, Mexican,
3    Puerto Rican, South or Central American, or other Spanish
4    culture or origin, regardless of race).
5        (5) Native Hawaiian or Other Pacific Islander (a person
6    having origins in any of the original peoples of Hawaii,
7    Guam, Samoa, or other Pacific Islands).
8    The Board shall adopt any rules necessary to administer
9this Section. The Board shall also do the following:
10    (a) require all public institutions of higher education to
11develop and submit plans for the implementation of this
12Section;
13    (b) conduct periodic review of public institutions of
14higher education to determine compliance with this Section; and
15if the Board finds that a public institution of higher
16education is not in compliance with this Section, it shall
17notify the institution of steps to take to attain compliance;
18    (c) provide advice and counsel pursuant to this Section;
19    (d) conduct studies of the effectiveness of methods and
20strategies designed to increase participation of students in
21education programs and activities in which minorities, women
22and individuals with disabilities are traditionally
23underrepresented, and monitor the success of students in such
24education programs and activities;
25    (e) encourage minority student recruitment and retention
26in colleges and universities. In implementing this paragraph,

 

 

HB4260- 52 -LRB101 16082 RJF 65445 b

1the Board shall undertake but need not be limited to the
2following: the establishment of guidelines and plans for public
3institutions of higher education for minority student
4recruitment and retention, the review and monitoring of
5minority student programs implemented at public institutions
6of higher education to determine their compliance with any
7guidelines and plans so established, the determination of the
8effectiveness and funding requirements of minority student
9programs at public institutions of higher education, the
10dissemination of successful programs as models, and the
11encouragement of cooperative partnerships between community
12colleges and local school attendance centers which are
13experiencing difficulties in enrolling minority students in
14four-year colleges and universities;
15    (f) mandate all public institutions of higher education to
16submit data and information essential to determine compliance
17with this Section. The Board shall prescribe the format and the
18date for submission of this data and any other education equity
19data; and
20    (g) report to the General Assembly and the Governor
21annually with a description of the plans submitted by each
22public institution of higher education for implementation of
23this Section, including financial data relating to the most
24recent fiscal year expenditures for specific minority
25programs, the effectiveness of such plans and programs and the
26effectiveness of the methods and strategies developed by the

 

 

HB4260- 53 -LRB101 16082 RJF 65445 b

1Board in meeting the purposes of this Section, the degree of
2compliance with this Section by each public institution of
3higher education as determined by the Board pursuant to its
4periodic review responsibilities, and the findings made by the
5Board in conducting its studies and monitoring student success
6as required by paragraph d) of this Section. With respect to
7each public institution of higher education such report also
8shall include, but need not be limited to, information with
9respect to each institution's minority program budget
10allocations; minority student admission, retention and
11graduation statistics; admission, retention, and graduation
12statistics of all students who are the first in their immediate
13family to attend an institution of higher education; number of
14financial assistance awards to undergraduate and graduate
15minority students; and minority faculty representation. This
16paragraph shall not be construed to prohibit the Board from
17making, preparing or issuing additional surveys or studies with
18respect to minority education in Illinois.
19(Source: P.A. 99-143, eff. 7-27-15.)
 
20    Section 50. The Dental Student Grant Act is amended by
21changing Section 3.07 as follows:
 
22    (110 ILCS 925/3.07)  (from Ch. 144, par. 1503.07)
23    Sec. 3.07. "Racial minority" means a person who is any of
24the following:

 

 

HB4260- 54 -LRB101 16082 RJF 65445 b

1        (1) American Indian or Alaska Native (a person having
2    origins in any of the original peoples of North and South
3    America, including Central America, and who maintains
4    tribal affiliation or community attachment).
5        (2) Asian (a person having origins in any of the
6    original peoples of the Far East, Southeast Asia, or the
7    Indian subcontinent, including, but not limited to,
8    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
9    the Philippine Islands, Thailand, and Vietnam).
10        (3) Black or African American (a person having origins
11    in any of the black racial groups of Africa). Terms such as
12    "Haitian" or "Negro" can be used in addition to "Black or
13    African American".
14        (3.5) Descendant of American Slaves (a person having
15    direct ancestral lineage to victims of chattel slavery in
16    the United States of America). Terms such as "Black",
17    "African American", or "American Descendant of Slavery"
18    can be used in addition to "Descendant of American Slaves".
19        (4) Hispanic or Latino (a person of Cuban, Mexican,
20    Puerto Rican, South or Central American, or other Spanish
21    culture or origin, regardless of race).
22        (5) Native Hawaiian or Other Pacific Islander (a person
23    having origins in any of the original peoples of Hawaii,
24    Guam, Samoa, or other Pacific Islands).
25(Source: P.A. 97-396, eff. 1-1-12.)
 

 

 

HB4260- 55 -LRB101 16082 RJF 65445 b

1    Section 55. The Diversifying Higher Education Faculty in
2Illinois Act is amended by changing Section 2 as follows:
 
3    (110 ILCS 930/2)  (from Ch. 144, par. 2302)
4    Sec. 2. Definitions. As used in this Act, unless the
5context otherwise requires:
6    "Board" means the Board of Higher Education.
7    "DFI" means the Diversifying Higher Education Faculty in
8Illinois Program of financial assistance to minorities who are
9traditionally underrepresented as participants in
10postsecondary education. The program shall assist them in
11pursuing a graduate or professional degree and shall also
12assist program graduates to find employment at an Illinois
13institution of higher education, including a community
14college, in a faculty or staff position.
15    "Program Board" means the entity created to administer the
16grant program authorized by this Act.
17    "Qualified institution of higher education" means a
18qualifying publicly or privately operated educational
19institution located within Illinois (i) that offers
20instruction leading toward or prerequisite to an academic or
21professional degree beyond the baccalaureate degree, excluding
22theological schools, and (ii) that is authorized to operate in
23the State of Illinois.
24    "Racial minority" means a person who is a citizen of the
25United States or a lawful permanent resident alien of the

 

 

HB4260- 56 -LRB101 16082 RJF 65445 b

1United States and who is any of the following:
2        (1) American Indian or Alaska Native (a person having
3    origins in any of the original peoples of North and South
4    America, including Central America, and who maintains
5    tribal affiliation or community attachment).
6        (2) Asian (a person having origins in any of the
7    original peoples of the Far East, Southeast Asia, or the
8    Indian subcontinent, including, but not limited to,
9    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
10    the Philippine Islands, Thailand, and Vietnam).
11        (3) Black or African American (a person having origins
12    in any of the black racial groups of Africa). Terms such as
13    "Haitian" or "Negro" can be used in addition to "Black or
14    African American".
15        (3.5) Descendant of American Slaves (a person having
16    direct ancestral lineage to victims of chattel slavery in
17    the United States of America). Terms such as "Black",
18    "African American", or "American Descendant of Slavery"
19    can be used in addition to "Descendant of American Slaves".
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 person
24    having origins in any of the original peoples of Hawaii,
25    Guam, Samoa, or other Pacific Islands).
26(Source: P.A. 97-396, eff. 1-1-12.)
 

 

 

HB4260- 57 -LRB101 16082 RJF 65445 b

1    Section 60. The Higher Education Student Assistance Act is
2amended by changing Sections 50 and 65.30 as follows:
 
3    (110 ILCS 947/50)
4    Sec. 50. Minority Teachers of Illinois scholarship
5program.
6    (a) As used in this Section:
7        "Eligible applicant" means a minority student who has
8    graduated from high school or has received a high school
9    equivalency certificate and has maintained a cumulative
10    grade point average of no less than 2.5 on a 4.0 scale, and
11    who by reason thereof is entitled to apply for scholarships
12    to be awarded under this Section.
13        "Minority student" means a student who is any of the
14    following:
15            (1) American Indian or Alaska Native (a person
16        having origins in any of the original peoples of North
17        and South America, including Central America, and who
18        maintains tribal affiliation or community attachment).
19            (2) Asian (a person having origins in any of the
20        original peoples of the Far East, Southeast Asia, or
21        the Indian subcontinent, including, but not limited
22        to, Cambodia, China, India, Japan, Korea, Malaysia,
23        Pakistan, the Philippine Islands, Thailand, and
24        Vietnam).

 

 

HB4260- 58 -LRB101 16082 RJF 65445 b

1            (3) Black or African American (a person having
2        origins in any of the black racial groups of Africa).
3        Terms such as "Haitian" or "Negro" can be used in
4        addition to "Black or African American".
5            (3.5) Descendant of American Slaves (a person
6        having direct ancestral lineage to victims of chattel
7        slavery in the United States of America). Terms such as
8        "Black", "African American", or "American Descendant
9        of Slavery" can be used in addition to "Descendant of
10        American Slaves".
11            (4) Hispanic or Latino (a person of Cuban, Mexican,
12        Puerto Rican, South or Central American, or other
13        Spanish culture or origin, regardless of race).
14            (5) Native Hawaiian or Other Pacific Islander (a
15        person having origins in any of the original peoples of
16        Hawaii, Guam, Samoa, or other Pacific Islands).
17        "Qualified student" means a person (i) who is a
18    resident of this State and a citizen or permanent resident
19    of the United States; (ii) who is a minority student, as
20    defined in this Section; (iii) who, as an eligible
21    applicant, has made a timely application for a minority
22    teaching scholarship under this Section; (iv) who is
23    enrolled on at least a half-time basis at a qualified
24    Illinois institution of higher learning; (v) who is
25    enrolled in a course of study leading to teacher licensure,
26    including alternative teacher licensure, or, if the

 

 

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1    student is already licensed to teach, in a course of study
2    leading to an additional teaching endorsement or a master's
3    degree in an academic field in which he or she is teaching
4    or plans to teach; (vi) who maintains a grade point average
5    of no less than 2.5 on a 4.0 scale; and (vii) who continues
6    to advance satisfactorily toward the attainment of a
7    degree.
8    (b) In order to encourage academically talented Illinois
9minority students to pursue teaching careers at the preschool
10or elementary or secondary school level, each qualified student
11shall be awarded a minority teacher scholarship to any
12qualified Illinois institution of higher learning. However,
13preference may be given to qualified applicants enrolled at or
14above the junior level.
15    (c) Each minority teacher scholarship awarded under this
16Section shall be in an amount sufficient to pay the tuition and
17fees and room and board costs of the qualified Illinois
18institution of higher learning at which the recipient is
19enrolled, up to an annual maximum of $5,000; except that in the
20case of a recipient who does not reside on-campus at the
21institution at which he or she is enrolled, the amount of the
22scholarship shall be sufficient to pay tuition and fee expenses
23and a commuter allowance, up to an annual maximum of $5,000.
24    (d) The total amount of minority teacher scholarship
25assistance awarded by the Commission under this Section to an
26individual in any given fiscal year, when added to other

 

 

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1financial assistance awarded to that individual for that year,
2shall not exceed the cost of attendance at the institution at
3which the student is enrolled. If the amount of minority
4teacher scholarship to be awarded to a qualified student as
5provided in subsection (c) of this Section exceeds the cost of
6attendance at the institution at which the student is enrolled,
7the minority teacher scholarship shall be reduced by an amount
8equal to the amount by which the combined financial assistance
9available to the student exceeds the cost of attendance.
10    (e) The maximum number of academic terms for which a
11qualified student can receive minority teacher scholarship
12assistance shall be 8 semesters or 12 quarters.
13    (f) In any academic year for which an eligible applicant
14under this Section accepts financial assistance through the
15Paul Douglas Teacher Scholarship Program, as authorized by
16Section 551 et seq. of the Higher Education Act of 1965, the
17applicant shall not be eligible for scholarship assistance
18awarded under this Section.
19    (g) All applications for minority teacher scholarships to
20be awarded under this Section shall be made to the Commission
21on forms which the Commission shall provide for eligible
22applicants. The form of applications and the information
23required to be set forth therein shall be determined by the
24Commission, and the Commission shall require eligible
25applicants to submit with their applications such supporting
26documents or recommendations as the Commission deems

 

 

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1necessary.
2    (h) Subject to a separate appropriation for such purposes,
3payment of any minority teacher scholarship awarded under this
4Section shall be determined by the Commission. All scholarship
5funds distributed in accordance with this subsection shall be
6paid to the institution and used only for payment of the
7tuition and fee and room and board expenses incurred by the
8student in connection with his or her attendance at a qualified
9Illinois institution of higher learning. Any minority teacher
10scholarship awarded under this Section shall be applicable to 2
11semesters or 3 quarters of enrollment. If a qualified student
12withdraws from enrollment prior to completion of the first
13semester or quarter for which the minority teacher scholarship
14is applicable, the school shall refund to the Commission the
15full amount of the minority teacher scholarship.
16    (i) The Commission shall administer the minority teacher
17scholarship aid program established by this Section and shall
18make all necessary and proper rules not inconsistent with this
19Section for its effective implementation.
20    (j) When an appropriation to the Commission for a given
21fiscal year is insufficient to provide scholarships to all
22qualified students, the Commission shall allocate the
23appropriation in accordance with this subsection. If funds are
24insufficient to provide all qualified students with a
25scholarship as authorized by this Section, the Commission shall
26allocate the available scholarship funds for that fiscal year

 

 

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1on the basis of the date the Commission receives a complete
2application form.
3    (k) Notwithstanding the provisions of subsection (j) or any
4other provision of this Section, at least 30% of the funds
5appropriated for scholarships awarded under this Section in
6each fiscal year shall be reserved for qualified male minority
7applicants. If the Commission does not receive enough
8applications from qualified male minorities on or before
9January 1 of each fiscal year to award 30% of the funds
10appropriated for these scholarships to qualified male minority
11applicants, then the Commission may award a portion of the
12reserved funds to qualified female minority applicants.
13    (l) Prior to receiving scholarship assistance for any
14academic year, each recipient of a minority teacher scholarship
15awarded under this Section shall be required by the Commission
16to sign an agreement under which the recipient pledges that,
17within the one-year period following the termination of the
18program for which the recipient was awarded a minority teacher
19scholarship, the recipient (i) shall begin teaching for a
20period of not less than one year for each year of scholarship
21assistance he or she was awarded under this Section; and (ii)
22shall fulfill this teaching obligation at a nonprofit Illinois
23public, private, or parochial preschool, elementary school, or
24secondary school at which no less than 30% of the enrolled
25students are minority students in the year during which the
26recipient begins teaching at the school; and (iii) shall, upon

 

 

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1request by the Commission, provide the Commission with evidence
2that he or she is fulfilling or has fulfilled the terms of the
3teaching agreement provided for in this subsection.
4    (m) If a recipient of a minority teacher scholarship
5awarded under this Section fails to fulfill the teaching
6obligation set forth in subsection (l) of this Section, the
7Commission shall require the recipient to repay the amount of
8the scholarships received, prorated according to the fraction
9of the teaching obligation not completed, at a rate of interest
10equal to 5%, and, if applicable, reasonable collection fees.
11The Commission is authorized to establish rules relating to its
12collection activities for repayment of scholarships under this
13Section. All repayments collected under this Section shall be
14forwarded to the State Comptroller for deposit into the State's
15General Revenue Fund.
16    (n) A recipient of minority teacher scholarship shall not
17be considered in violation of the agreement entered into
18pursuant to subsection (l) if the recipient (i) enrolls on a
19full time basis as a graduate student in a course of study
20related to the field of teaching at a qualified Illinois
21institution of higher learning; (ii) is serving, not in excess
22of 3 years, as a member of the armed services of the United
23States; (iii) is a person with a temporary total disability for
24a period of time not to exceed 3 years as established by sworn
25affidavit of a qualified physician; (iv) is seeking and unable
26to find full time employment as a teacher at an Illinois

 

 

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1public, private, or parochial preschool or elementary or
2secondary school that satisfies the criteria set forth in
3subsection (l) of this Section and is able to provide evidence
4of that fact; (v) becomes a person with a permanent total
5disability as established by sworn affidavit of a qualified
6physician; (vi) is taking additional courses, on at least a
7half-time basis, needed to obtain licensure as a teacher in
8Illinois; or (vii) is fulfilling teaching requirements
9associated with other programs administered by the Commission
10and cannot concurrently fulfill them under this Section in a
11period of time equal to the length of the teaching obligation.
12    (o) Scholarship recipients under this Section who withdraw
13from a program of teacher education but remain enrolled in
14school to continue their postsecondary studies in another
15academic discipline shall not be required to commence repayment
16of their Minority Teachers of Illinois scholarship so long as
17they remain enrolled in school on a full-time basis or if they
18can document for the Commission special circumstances that
19warrant extension of repayment.
20(Source: P.A. 99-143, eff. 7-27-15; 100-235, eff. 6-1-18.)
 
21    (110 ILCS 947/65.30)
22    Sec. 65.30. Equal opportunity scholarships.
23    (a) The Commission may annually award a number of
24scholarships to students who are interested in pursuing studies
25in educational administration. Such scholarships shall be

 

 

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1issued to students who make application to the Commission and
2who agree to take courses at qualified institutions of higher
3learning that will allow them to complete a degree in
4educational administration.
5    (b) Scholarships awarded under this Section shall be issued
6pursuant to regulations promulgated by the Commission;
7provided that no rule or regulation promulgated by the State
8Board of Education prior to the effective date of this
9amendatory Act of 1993 pursuant to the exercise of any right,
10power, duty, responsibility or matter of pending business
11transferred from the State Board of Education to the Commission
12under this Section shall be affected thereby, and all such
13rules and regulations shall become the rules and regulations of
14the Commission until modified or changed by the Commission in
15accordance with law.
16    (c) Such scholarships shall be utilized for the payment of
17tuition and non-revenue bond fees at any qualified institution
18of higher learning. Such tuition and fees shall only be
19available for courses that will enable the student to complete
20training in educational administration. The Commission shall
21determine which courses are eligible for tuition payments under
22this Section.
23    (d) The Commission may make tuition payments directly to
24the qualified institution of higher learning which the student
25attends for the courses prescribed or may make payments to the
26student. Any student who receives payments and who fails to

 

 

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1enroll in the courses prescribed shall refund the payments to
2the Commission.
3    (e) The Commission, with the cooperation of the State Board
4of Education, shall assist students who have participated in
5the scholarship program established by this Section in finding
6employment in positions relating to educational
7administration.
8    (f) Appropriations for the scholarships outlined in this
9Section shall be made to the Commission from funds appropriated
10by the General Assembly.
11    (g) This Section is substantially the same as Section 30-4d
12of the School Code, which Section is repealed by this
13amendatory Act of 1993, and shall be construed as a
14continuation of the equal opportunity scholarship program
15established under that prior law, and not as a new or different
16equal opportunity scholarship program. The State Board of
17Education shall transfer to the Commission, as the successor to
18the State Board of Education for all purposes of administering
19and implementing the provisions of this Section, all books,
20accounts, records, papers, documents, contracts, agreements,
21and pending business in any way relating to the equal
22opportunity scholarship program continued under this Section;
23and all scholarships at any time awarded under that program by,
24and all applications for any such scholarship at any time made
25to, the State Board of Education shall be unaffected by the
26transfer to the Commission of all responsibility for the

 

 

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1administration and implementation of the equal opportunity
2scholarship program continued under this Section. The State
3Board of Education shall furnish to the Commission such other
4information as the Commission may request to assist it in
5administering this Section.
6    (h) For purposes of this Section:
7        (1) "Qualified institution of higher learning" means
8    the University of Illinois; Southern Illinois University;
9    Chicago State University; Eastern Illinois University;
10    Governors State University; Illinois State University;
11    Northeastern Illinois University; Northern Illinois
12    University; Western Illinois University; the public
13    community colleges of the State; any other public
14    universities, colleges and community colleges now or
15    hereafter established or authorized by the General
16    Assembly; and any Illinois privately operated, not for
17    profit institution located in this State which provides at
18    least an organized 2-year program of collegiate grade in
19    liberal arts or sciences, or both, directly applicable
20    toward the attainment of a baccalaureate or graduate
21    degree.
22        (2) "Racial minority" means a person who is any of the
23    following:
24            (1) American Indian or Alaska Native (a person
25        having origins in any of the original peoples of North
26        and South America, including Central America, and who

 

 

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1        maintains 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
4        the Indian subcontinent, including, but not limited
5        to, Cambodia, China, India, Japan, Korea, Malaysia,
6        Pakistan, the Philippine Islands, Thailand, and
7        Vietnam).
8            (3) Black or African American (a person having
9        origins in any of the black racial groups of Africa).
10        Terms such as "Haitian" or "Negro" can be used in
11        addition to "Black or African American".
12            (3.5) Descendant of American Slaves (a person
13        having direct ancestral lineage to victims of chattel
14        slavery in the United States of America). Terms such as
15        "Black", "African American", or "American Descendant
16        of Slavery" can be used in addition to "Descendant of
17        American Slaves".
18            (4) Hispanic or Latino (a person of Cuban, Mexican,
19        Puerto Rican, South or Central American, or other
20        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 of
23        Hawaii, Guam, Samoa, or other Pacific Islands).
24        (3) "Student" means a woman or racial minority.
25(Source: P.A. 97-396, eff. 1-1-12.)
 

 

 

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1    Section 65. The Illinois Insurance Code is amended by
2changing Section 500-50 as follows:
 
3    (215 ILCS 5/500-50)
4    (Section scheduled to be repealed on January 1, 2027)
5    Sec. 500-50. Insurance producers; examination statistics.
6    (a) The use of examinations for the purpose of determining
7qualifications of persons to be licensed as insurance producers
8has a direct and far-reaching effect on persons seeking those
9licenses, on insurance companies, and on the public. It is in
10the public interest and it will further the public welfare to
11insure that examinations for licensing do not have the effect
12of unlawfully discriminating against applicants for licensing
13as insurance producers on the basis of race, color, national
14origin, or sex.
15    (b) As used in this Section, the following words have the
16meanings given in this subsection.
17    Examination. "Examination" means the examination in each
18line of insurance administered pursuant to Section 500-30.
19    Examinee. "Examinee" means a person who takes an
20examination.
21    Part. "Part" means a portion of an examination for which a
22score is calculated.
23    Operational item. "Operational item" means a test question
24considered in determining an examinee's score.
25    Test form. "Test form" means the test booklet or instrument

 

 

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1used for a part of an examination.
2    Pretest item. "Pretest item" means a prospective test
3question that is included in a test form in order to assess its
4performance, but is not considered in determining an examinee's
5score.
6    Minority group or examinees. "Minority group" or "minority
7examinees" means examinees who are American Indian or Alaska
8Native, Asian, Black or African American, Hispanic or Latino,
9or Native Hawaiian or Other Pacific Islander.
10    Correct-answer rate. "Correct-answer rate" for an item
11means the number of examinees who provided the correct answer
12on an item divided by the number of examinees who answered the
13item.
14    Correlation. "Correlation" means a statistical measure of
15the relationship between performance on an item and performance
16on a part of the examination.
17    (c) The Director shall ask each examinee to self-report on
18a voluntary basis on the answer sheet, application form, or by
19other appropriate means, the following information:
20        (1) race or ethnicity (American Indian or Alaska
21    Native, Asian, Black or African American, Hispanic or
22    Latino, Native Hawaiian or Other Pacific Islander, or
23    White);
24        (2) education (8th grade or less; less than 12th grade;
25    high school diploma or high school equivalency
26    certificate; some college, but no 4-year degree; or 4-year

 

 

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1    degree or more); and
2        (3) gender (male or female).
3    The Director must advise all examinees that they are not
4required to provide this information, that they will not be
5penalized for not doing so, and that the Director will use the
6information provided exclusively for research and statistical
7purposes and to improve the quality and fairness of the
8examinations.
9    (d) No later than May 1 of each year, the Director must
10prepare, publicly announce, and publish an Examination Report
11of summary statistical information relating to each
12examination administered during the preceding calendar year.
13Each Examination Report shall show with respect to each
14examination:
15        (1) For all examinees combined and separately by race
16    or ethnicity, by educational level, by gender, by
17    educational level within race or ethnicity, by education
18    level within gender, and by race or ethnicity within
19    gender:
20            (A) number of examinees;
21            (B) percentage and number of examinees who passed
22        each part;
23            (C) percentage and number of examinees who passed
24        all parts;
25            (D) mean scaled scores on each part; and
26            (E) standard deviation of scaled scores on each

 

 

HB4260- 72 -LRB101 16082 RJF 65445 b

1        part.
2        (2) For male examinees, female examinees, Black or
3    African American examinees, white examinees, American
4    Indian or Alaska Native examinees, Asian examinees,
5    Hispanic or Latino examinees, and Native Hawaiian or Other
6    Pacific Islander, respectively, with a high school diploma
7    or high school equivalency certificate, the distribution
8    of scaled scores on each part.
9    No later than May 1 of each year, the Director must prepare
10and make available on request an Item Report of summary
11statistical information relating to each operational item on
12each test form administered during the preceding calendar year.
13The Item Report shall show, for each operational item, for all
14examinees combined and separately for Black or African American
15examinees, white examinees, American Indian or Alaska Native
16examinees, Asian examinees, Hispanic or Latino examinees, and
17Native Hawaiian or Other Pacific Islander, the correct-answer
18rates and correlations.
19    The Director is not required to report separate statistical
20information for any group or subgroup comprising fewer than 50
21examinees.
22    (e) The Director must obtain a regular analysis of the data
23collected under this Section, and any other relevant
24information, for purposes of the development of new test forms.
25The analysis shall continue the implementation of the item
26selection methodology as recommended in the Final Report of the

 

 

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1Illinois Insurance Producer's Licensing Examination Advisory
2Committee dated November 19, 1991, and filed with the
3Department unless some other methodology is determined by the
4Director to be as effective in minimizing differences between
5white and minority examinee pass-fail rates.
6    (f) The Director has the discretion to set cutoff scores
7for the examinations, provided that scaled scores on test forms
8administered after July 1, 1993, shall be made comparable to
9scaled scores on test forms administered in 1991 by use of
10professionally acceptable methods so as to minimize changes in
11passing rates related to the presence or absence of or changes
12in equating or scaling equations or methods or content
13outlines. Each calendar year, the scaled cutoff score for each
14part of each examination shall fluctuate by no more than the
15standard error of measurement from the scaled cutoff score
16employed during the preceding year.
17    (g) No later than May 1, 2003 and no later than May 1 of
18every fourth year thereafter, the Director must release to the
19public and make generally available one representative test
20form and set of answer keys for each part of each examination.
21    (h) The Director must maintain, for a period of 3 years
22after they are prepared or used, all registration forms, test
23forms, answer sheets, operational items and pretest items, item
24analyses, and other statistical analyses relating to the
25examinations. All personal identifying information regarding
26examinees and the content of test items must be maintained

 

 

HB4260- 74 -LRB101 16082 RJF 65445 b

1confidentially as necessary for purposes of protecting the
2personal privacy of examinees and the maintenance of test
3security.
4    (i) In administering the examinations, the Director must
5make such accommodations for examinees with disabilities as are
6reasonably warranted by the particular disability involved,
7including the provision of additional time if necessary to
8complete an examination or special assistance in taking an
9examination.
10    (j) For the purposes of this Section:
11        (1) "American Indian or Alaska Native" means a person
12    having origins in any of the original peoples of North and
13    South America, including Central America, and who
14    maintains tribal affiliation or community attachment.
15        (2) "Asian" means 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        (3) "Black or African American" means a person having
21    origins in any of the black racial groups of Africa. Terms
22    such as "Haitian" or "Negro" can be used in addition to
23    "Black or African American".
24        (3.5) Descendant of American Slaves (a person having
25    direct ancestral lineage to victims of chattel slavery in
26    the United States of America). Terms such as "Black",

 

 

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1    "African American", or "American Descendant of Slavery"
2    can be used in addition to "Descendant of American Slaves".
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 a
7    person having origins in any of the original peoples of
8    Hawaii, Guam, Samoa, or other Pacific Islands.
9        (6) "White" means a person having origins in any of the
10    original peoples of Europe, the Middle East, or North
11    Africa.
12(Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
13    Section 70. The Illinois Public Aid Code is amended by
14changing Section 4-23 as follows:
 
15    (305 ILCS 5/4-23)
16    Sec. 4-23. Civil rights impact statement.
17    (a) The Department of Human Services must submit to the
18Governor and the General Assembly on January 1 of each
19even-numbered year a written report that details the disparate
20impact of various provisions of the TANF program on people of
21different racial or ethnic groups who identify themselves in an
22application for benefits as any of the following:
23        (1) American Indian or Alaska Native (a person having
24    origins in any of the original peoples of North and South

 

 

HB4260- 76 -LRB101 16082 RJF 65445 b

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). Terms such as
10    "Haitian" or "Negro" can be used in addition to "Black or
11    African American".
12        (3.5) Descendant of American Slaves (a person having
13    direct ancestral lineage to victims of chattel slavery in
14    the United States of America). Terms such as "Black",
15    "African American", or "American Descendant of Slavery"
16    can be used in addition to "Descendant of American Slaves".
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 person
21    having origins in any of the original peoples of Hawaii,
22    Guam, Samoa, or other Pacific Islands).
23        (6) White (a person having origins in any of the
24    original peoples of Europe, the Middle East, or North
25    Africa).
26    (b) The report must at least compare the number of persons

 

 

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1in each group:
2        (1) who are receiving TANF assistance;
3        (2) whose 60-month lifetime limit on receiving
4    assistance has expired;
5        (3) who have left TANF due to earned income;
6        (4) who have left TANF due to non-compliance with
7    program rules;
8        (5) whose TANF grants have been reduced by sanctions
9    for non-compliance with program rules;
10        (6) who have returned to TANF 6 months after leaving
11    due to earned income;
12        (7) who have returned to TANF 12 months after leaving
13    due to earned income;
14        (8) who have one or more children excluded from
15    receiving TANF cash assistance due to the child exclusion
16    rule;
17        (9) who have been granted an exemption from work
18    requirements; and
19        (10) who are participating in post-secondary education
20    activities.
21(Source: P.A. 97-396, eff. 1-1-12.)
 
22    Section 75. The Illinois Vehicle Code is amended by
23changing Section 11-212 as follows:
 
24    (625 ILCS 5/11-212)

 

 

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1    Sec. 11-212. Traffic and pedestrian stop statistical
2study.
3    (a) Whenever a State or local law enforcement officer
4issues a uniform traffic citation or warning citation for an
5alleged violation of the Illinois Vehicle Code, he or she shall
6record at least the following:
7        (1) the name, address, gender, and the officer's
8    subjective determination of the race of the person stopped;
9    the person's race shall be selected from the following
10    list: American Indian or Alaska Native, Asian, Black or
11    African American, Hispanic or Latino, Native Hawaiian or
12    Other Pacific Islander, 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 stop
25    was conducted of the vehicle, driver, passenger, or
26    passengers; and, if so, whether it was with consent or by

 

 

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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 stops
13a motorist for an alleged violation of the Illinois Vehicle
14Code and does not issue a uniform traffic citation or warning
15citation for an alleged violation of the Illinois Vehicle Code,
16he or she shall complete a uniform stop card, which includes
17field contact cards, or any other existing form currently used
18by law enforcement containing information required pursuant to
19this Act, that records at least the following:
20        (1) the name, address, gender, and the officer's
21    subjective determination of the race of the person stopped;
22    the person's race shall be selected from the following
23    list: American Indian or Alaska Native, Asian, Black or
24    African American, Hispanic or Latino, Native Hawaiian or
25    Other Pacific Islander, or White;
26        (2) the reason that led to the stop of the motorist;

 

 

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1        (3) the make and year of the vehicle stopped;
2        (4) the date and time of the stop, beginning when the
3    vehicle was stopped and ending when the driver is free to
4    leave or taken into physical custody;
5        (5) the location of the traffic stop;
6        (5.5) whether or not a consent search contemporaneous
7    to the stop was requested of the vehicle, driver,
8    passenger, or passengers; and, if so, whether consent was
9    given or denied;
10        (6) whether or not a search contemporaneous to the stop
11    was conducted of the vehicle, driver, passenger, or
12    passengers; and, if so, whether it was with consent or by
13    other means;
14        (6.2) whether or not a police dog performed a sniff of
15    the vehicle; and, if so, whether or not the dog alerted to
16    the presence of contraband; and, if so, whether or not an
17    officer searched the vehicle; and, if so, whether or not
18    contraband was discovered; and, if so, the type and amount
19    of contraband;
20        (6.5) whether or not contraband was found during a
21    search; and, if so, the type and amount of contraband
22    seized; and
23        (7) the name and badge number of the issuing officer.
24    (b-5) For purposes of this subsection (b-5), "detention"
25means all frisks, searches, summons, and arrests. Whenever a
26law enforcement officer subjects a pedestrian to detention in a

 

 

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1public place, he or she shall complete a uniform pedestrian
2stop card, which includes any existing form currently used by
3law enforcement containing all the information required under
4this Section, that records at least the following:
5        (1) the gender, and the officer's subjective
6    determination of the race of the person stopped; the
7    person's race shall be selected from the following list:
8    American Indian or Alaska Native, Asian, Black or African
9    American, Hispanic or Latino, Native Hawaiian or Other
10    Pacific Islander, or White;
11        (2) all the alleged reasons that led to the stop of the
12    person;
13        (3) the date and time of the stop;
14        (4) the location of the stop;
15        (5) whether or not a protective pat down or frisk was
16    conducted of the person; and, if so, all the alleged
17    reasons that led to the protective pat down or frisk, and
18    whether it was with consent or by other means;
19        (6) whether or not contraband was found during the
20    protective pat down or frisk; and, if so, the type and
21    amount of contraband seized;
22        (7) whether or not a search beyond a protective pat
23    down or frisk was conducted of the person or his or her
24    effects; and, if so, all the alleged reasons that led to
25    the search, and whether it was with consent or by other
26    means;

 

 

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1        (8) whether or not contraband was found during the
2    search beyond a protective pat down or frisk; and, if so,
3    the type and amount of contraband seized;
4        (9) the disposition of the stop, such as a warning, a
5    ticket, a summons, or an arrest;
6        (10) if a summons or ticket was issued, or an arrest
7    made, a record of the violations, offenses, or crimes
8    alleged or charged; and
9        (11) the name and badge number of the officer who
10    conducted the detention.
11    This subsection (b-5) does not apply to searches or
12inspections for compliance authorized under the Fish and
13Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
14or searches or inspections during routine security screenings
15at facilities or events.
16    (c) The Illinois Department of Transportation shall
17provide a standardized law enforcement data compilation form on
18its website.
19    (d) Every law enforcement agency shall, by March 1 with
20regard to data collected during July through December of the
21previous calendar year and by August 1 with regard to data
22collected during January through June of the current calendar
23year, compile the data described in subsections (a), (b), and
24(b-5) on the standardized law enforcement data compilation form
25provided by the Illinois Department of Transportation and
26transmit the data to the Department.

 

 

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1    (e) The Illinois Department of Transportation shall
2analyze the data provided by law enforcement agencies required
3by this Section and submit a report of the previous year's
4findings to the Governor, the General Assembly, the Racial
5Profiling Prevention and Data Oversight Board, and each law
6enforcement agency no later than July 1 of each year. The
7Illinois Department of Transportation may contract with an
8outside entity for the analysis of the data provided. In
9analyzing the data collected under this Section, the analyzing
10entity shall scrutinize the data for evidence of statistically
11significant aberrations. The following list, which is
12illustrative, and not exclusive, contains examples of areas in
13which statistically significant aberrations may be found:
14        (1) The percentage of minority drivers, passengers, or
15    pedestrians being stopped in a given area is substantially
16    higher than the proportion of the overall population in or
17    traveling through the area that the minority constitutes.
18        (2) A substantial number of false stops including stops
19    not resulting in the issuance of a traffic ticket or the
20    making of an arrest.
21        (3) A disparity between the proportion of citations
22    issued to minorities and proportion of minorities in the
23    population.
24        (4) A disparity among the officers of the same law
25    enforcement agency with regard to the number of minority
26    drivers, passengers, or pedestrians being stopped in a

 

 

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1    given area.
2        (5) A disparity between the frequency of searches
3    performed on minority drivers or pedestrians and the
4    frequency of searches performed on non-minority drivers or
5    pedestrians.
6    (f) Any law enforcement officer identification information
7and driver or pedestrian identification information that is
8compiled by any law enforcement agency or the Illinois
9Department of Transportation pursuant to this Act for the
10purposes of fulfilling the requirements of this Section shall
11be confidential and exempt from public inspection and copying,
12as provided under Section 7 of the Freedom of Information Act,
13and the information shall not be transmitted to anyone except
14as needed to comply with this Section. This Section shall not
15exempt those materials that, prior to the effective date of
16this amendatory Act of the 93rd General Assembly, were
17available under the Freedom of Information Act. This subsection
18(f) shall not preclude law enforcement agencies from reviewing
19data to perform internal reviews.
20    (g) Funding to implement this Section shall come from
21federal highway safety funds available to Illinois, as directed
22by the Governor.
23    (h) The Illinois Criminal Justice Information Authority,
24in consultation with law enforcement agencies, officials, and
25organizations, including Illinois chiefs of police, the
26Department of State Police, the Illinois Sheriffs Association,

 

 

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1and the Chicago Police Department, and community groups and
2other experts, shall undertake a study to determine the best
3use of technology to collect, compile, and analyze the traffic
4stop statistical study data required by this Section. The
5Department shall report its findings and recommendations to the
6Governor and the General Assembly by March 1, 2022.
7    (h-1) The Traffic and Pedestrian Stop Data Use and
8Collection Task Force is hereby created.
9        (1) The Task Force shall undertake a study to determine
10    the best use of technology to collect, compile, and analyze
11    the traffic stop statistical study data required by this
12    Section.
13        (2) The Task Force shall be an independent Task Force
14    under the Illinois Criminal Justice Information Authority
15    for administrative purposes, and shall consist of the
16    following members:
17            (A) 2 academics or researchers who have studied
18        issues related to traffic or pedestrian stop data
19        collection and have education or expertise in
20        statistics;
21            (B) one professor from an Illinois university who
22        specializes in policing and racial equity;
23            (C) one representative from the Illinois State
24        Police;
25            (D) one representative from the Chicago Police
26        Department;

 

 

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1            (E) one representative from the Illinois Chiefs of
2        Police;
3            (F) one representative from the Illinois Sheriffs
4        Association;
5            (G) one representative from the Chicago Fraternal
6        Order of Police;
7            (H) one representative from the Illinois Fraternal
8        Order of Police;
9            (I) the Executive Director of the American Civil
10        Liberties Union of Illinois, or his or her designee;
11        and
12            (J) 5 representatives from different community
13        organizations who specialize in civil or human rights,
14        policing, or criminal justice reform work, and that
15        represent a range of minority interests or different
16        parts of the State.
17        (3) The Illinois Criminal Justice Information
18    Authority may consult, contract, work in conjunction with,
19    and obtain any information from any individual, agency,
20    association, or research institution deemed appropriate by
21    the Authority.
22        (4) The Task Force shall report its findings and
23    recommendations to the Governor and the General Assembly by
24    March 1, 2022 and every 3 years after.
25    (h-5) For purposes of this Section:
26        (1) "American Indian or Alaska Native" means a person

 

 

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1    having origins in any of the original peoples of North and
2    South America, including Central America, and who
3    maintains tribal affiliation or community attachment.
4        (2) "Asian" means a person having origins in any of the
5    original peoples of the Far East, Southeast Asia, or the
6    Indian subcontinent, including, but not limited to,
7    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
8    the Philippine Islands, Thailand, and Vietnam.
9        (2.5) "Badge" means an officer's department issued
10    identification number associated with his or her position
11    as a police officer with that department.
12        (3) "Black or African American" means a person having
13    origins in any of the black racial groups of Africa. Terms
14    such as "Haitian" or "Negro" can be used in addition to
15    "Black or African American".
16        (3.5) Descendant of American Slaves (a person having
17    direct ancestral lineage to victims of chattel slavery in
18    the United States of America). Terms such as "Black",
19    "African American", or "American Descendant of Slavery"
20    can be used in addition to "Descendant of American Slaves".
21        (4) "Hispanic or Latino" means a person of Cuban,
22    Mexican, Puerto Rican, South or Central American, or other
23    Spanish culture or origin, regardless of race.
24        (5) "Native Hawaiian or Other Pacific Islander" means a
25    person having origins in any of the original peoples of
26    Hawaii, Guam, Samoa, or other Pacific Islands.

 

 

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1        (6) "White" means a person having origins in any of the
2    original peoples of Europe, the Middle East, or North
3    Africa.
4    (i) (Blank).
5(Source: P.A. 101-24, eff. 6-21-19.)
 
6    Section 80. The Criminal Code of 2012 is amended by
7changing Section 17-10.2 as follows:
 
8    (720 ILCS 5/17-10.2)  (was 720 ILCS 5/17-29)
9    Sec. 17-10.2. Businesses owned by minorities, females, and
10persons with disabilities; fraudulent contracts with
11governmental units.
12    (a) In this Section:
13        "Minority person" means a person who is any of the
14    following:
15        (1) American Indian or Alaska Native (a person having
16    origins in any of the original peoples of North and South
17    America, including Central America, and who maintains
18    tribal affiliation or community attachment).
19        (2) Asian (a person having origins in any of the
20    original peoples of the Far East, Southeast Asia, or the
21    Indian subcontinent, including, but not limited to,
22    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
23    the Philippine Islands, Thailand, and Vietnam).
24        (3) Black or African American (a person having origins

 

 

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1    in any of the black racial groups of Africa). Terms such as
2    "Haitian" or "Negro" can be used in addition to "Black or
3    African American".
4        (3.5) Descendant of American Slaves (a person having
5    direct ancestral lineage to victims of chattel slavery in
6    the United States of America). Terms such as "Black",
7    "African American", or "American Descendant of Slavery"
8    can be used in addition to "Descendant of American Slaves".
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 person
13    having origins in any of the original peoples of Hawaii,
14    Guam, Samoa, or other Pacific Islands).
15        "Female" means a person who is of the female gender.
16        "Person with a disability" means a person who is a
17    person qualifying as having a disability.
18        "Disability" means a severe physical or mental
19    disability that: (1) results from: amputation, arthritis,
20    autism, blindness, burn injury, cancer, cerebral palsy,
21    cystic fibrosis, deafness, head injury, heart disease,
22    hemiplegia, hemophilia, respiratory or pulmonary
23    dysfunction, an intellectual disability, mental illness,
24    multiple sclerosis, muscular dystrophy, musculoskeletal
25    disorders, neurological disorders, including stroke and
26    epilepsy, paraplegia, quadriplegia and other spinal cord

 

 

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1    conditions, sickle cell anemia, specific learning
2    disabilities, or end stage renal failure disease; and (2)
3    substantially limits one or more of the person's major life
4    activities.
5        "Minority owned business" means a business concern
6    that is at least 51% owned by one or more minority persons,
7    or in the case of a corporation, at least 51% of the stock
8    in which is owned by one or more minority persons; and the
9    management and daily business operations of which are
10    controlled by one or more of the minority individuals who
11    own it.
12        "Female owned business" means a business concern that
13    is at least 51% owned by one or more females, or, in the
14    case of a corporation, at least 51% of the stock in which
15    is owned by one or more females; and the management and
16    daily business operations of which are controlled by one or
17    more of the females who own it.
18        "Business owned by a person with a disability" means a
19    business concern that is at least 51% owned by one or more
20    persons with a disability and the management and daily
21    business operations of which are controlled by one or more
22    of the persons with disabilities who own it. A
23    not-for-profit agency for persons with disabilities that
24    is exempt from taxation under Section 501 of the Internal
25    Revenue Code of 1986 is also considered a "business owned
26    by a person with a disability".

 

 

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1        "Governmental unit" means the State, a unit of local
2    government, or school district.
3    (b) In addition to any other penalties imposed by law or by
4an ordinance or resolution of a unit of local government or
5school district, any individual or entity that knowingly
6obtains, or knowingly assists another to obtain, a contract
7with a governmental unit, or a subcontract or written
8commitment for a subcontract under a contract with a
9governmental unit, by falsely representing that the individual
10or entity, or the individual or entity assisted, is a minority
11owned business, female owned business, or business owned by a
12person with a disability is guilty of a Class 2 felony,
13regardless of whether the preference for awarding the contract
14to a minority owned business, female owned business, or
15business owned by a person with a disability was established by
16statute or by local ordinance or resolution.
17    (c) In addition to any other penalties authorized by law,
18the court shall order that an individual or entity convicted of
19a violation of this Section must pay to the governmental unit
20that awarded the contract a penalty equal to one and one-half
21times the amount of the contract obtained because of the false
22representation.
23(Source: P.A. 99-143, eff. 7-27-15.)
 
24    Section 85. The Illinois Human Rights Act is amended by
25changing Section 2-105 as follows:
 

 

 

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1    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
2    Sec. 2-105. Equal Employment Opportunities; Affirmative
3Action.
4    (A) Public Contracts. Every party to a public contract and
5every 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 Commission;

 

 

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1    and (vii) protection against retaliation as provided by
2    Section 6-101 of this Act. A copy of the policies shall be
3    provided to the Department upon request. Additionally,
4    each bidder who submits a bid or offer for a State contract
5    under the Illinois Procurement Code shall have a written
6    copy of the bidder's sexual harassment policy as required
7    under this paragraph (4). A copy of the policy shall be
8    provided to the State agency entering into the contract
9    upon request.
10    (B) State Agencies. Every State executive department,
11State agency, board, commission, and instrumentality shall:
12        (1) Comply with the procedures and requirements of the
13    Department's regulations concerning equal employment
14    opportunities and affirmative action;
15        (2) Provide such information and assistance as the
16    Department may request.
17        (3) Establish, maintain, and carry out a continuing
18    affirmative action plan consistent with this Act and the
19    regulations of the Department designed to promote equal
20    opportunity for all State residents in every aspect of
21    agency personnel policy and practice. For purposes of these
22    affirmative action plans, the race and national origin
23    categories to be included in the plans are: American Indian
24    or Alaska Native, Asian, Black or African American,
25    Hispanic or Latino, Native Hawaiian or Other Pacific
26    Islander.

 

 

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

 

 

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1        people with work disabilities in the Illinois labor
2        force as reflected in the most recent employment data
3        made available by the United States Census Bureau.
4        (4) If the agency has 1000 or more employees, appoint a
5    full-time Equal Employment Opportunity officer, subject to
6    the Department's approval, whose duties shall include:
7            (a) Advising the head of the particular State
8        agency with respect to the preparation of equal
9        employment opportunity programs, procedures,
10        regulations, reports, and the agency's affirmative
11        action plan.
12            (b) Evaluating in writing each fiscal year the
13        sufficiency of the total agency program for equal
14        employment opportunity and reporting thereon to the
15        head of the agency with recommendations as to any
16        improvement or correction in recruiting, hiring or
17        promotion needed, including remedial or disciplinary
18        action with respect to managerial or supervisory
19        employees who have failed to cooperate fully or who are
20        in violation of the program.
21            (c) Making changes in recruitment, training and
22        promotion programs and in hiring and promotion
23        procedures designed to eliminate discriminatory
24        practices when authorized.
25            (d) Evaluating tests, employment policies,
26        practices and qualifications and reporting to the head

 

 

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1        of the agency and to the Department any policies,
2        practices and qualifications that have unequal impact
3        by race, national origin as required by Department
4        rule, sex or disability or any other category that the
5        Department may require by rule, and to assist in the
6        recruitment of people in underrepresented
7        classifications. This function shall be performed in
8        cooperation with the State Department of Central
9        Management Services.
10            (e) Making any aggrieved employee or applicant for
11        employment aware of his or her remedies under this 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 advise
25        the State employee during the course of such meeting,
26        investigation, negotiation, conference or other

 

 

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1        proceeding. Nothing in this Section shall be construed
2        to permit any person who is not licensed to practice
3        law in Illinois to deliver any legal services or
4        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)

 

 

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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 (vii)
7        protection against retaliation as provided by Section
8        6-101 of this Act. The policy shall be reviewed
9        annually.
10            (b) Post in a prominent and accessible location and
11        distribute in a manner to assure notice to all agency
12        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.

 

 

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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 targeted
4        for layoff, the employee's union representative (if
5        applicable), and the State Dislocated Worker Unit at
6        the Department of Commerce and Economic Opportunity.
7            (c) The State executive department, State agency,
8        board, commission, or instrumentality in which the
9        layoffs are to occur must conform to applicable
10        collective bargaining agreements.
11            (d) The State executive department, State agency,
12        board, commission, or instrumentality in which the
13        layoffs are to occur should notify each employee
14        targeted for layoff that transitional assistance may
15        be available to him or her under the Economic
16        Dislocation and Worker Adjustment Assistance Act
17        administered by the Department of Commerce and
18        Economic Opportunity. Failure to give such notice
19        shall not invalidate the layoff or postpone its
20        effective date.
21     As used in this subsection (B), "disability" shall be
22defined in rules promulgated under the Illinois Administrative
23Procedure Act.
24    (C) Civil Rights Violations. It is a civil rights violation
25for any public contractor or eligible bidder to:
26        (1) fail to comply with the public contractor's or

 

 

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1    eligible bidder's duty to refrain from unlawful
2    discrimination and discrimination based on citizenship
3    status in employment under subsection (A)(1) of this
4    Section; or
5        (2) fail to comply with the public contractor's or
6    eligible bidder's duties of affirmative action under
7    subsection (A) of this Section, provided however, that the
8    Department has notified the public contractor or eligible
9    bidder in writing by certified mail that the public
10    contractor or eligible bidder may not be in compliance with
11    affirmative action requirements of subsection (A). A
12    minimum of 60 days to comply with the requirements shall be
13    afforded to the public contractor or eligible bidder before
14    the Department may issue formal notice of non-compliance.
15    (D) As used in this Section:
16        (1) "American Indian or Alaska Native" means a person
17    having origins in any of the original peoples of North and
18    South America, including Central America, and who
19    maintains tribal affiliation or community attachment.
20        (2) "Asian" means 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.
25        (3) "Black or African American" means a person having
26    origins in any of the black racial groups of Africa. Terms

 

 

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