Full Text of HB2381 100th General Assembly
HB2381 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2381 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 5 ILCS 410/10 | | 5 ILCS 410/15 | | 20 ILCS 50/5 | | 20 ILCS 105/3.10 | | 20 ILCS 2310/2310-215 | was 20 ILCS 2310/55.62 | 20 ILCS 2630/4.5 | | 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 5/27-20 | from Ch. 122, par. 27-20 | 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 | | 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 |
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Amends various Acts by changing the term "American Indian" to "Native American" and deleting the term "Negro".
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| | A BILL FOR |
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| 1 | | AN ACT concerning certain racial terms.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Employment Records Act is amended by | 5 | | changing 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 | 9 | | State agency
who are part of the State work force.
| 10 | | (b) "Contractual services employee" means a person | 11 | | employed by the
State, or a State supported institution of | 12 | | higher education, under a
written contract and paid by a State | 13 | | system CO-2 voucher (or its
administrative equivalent) whose | 14 | | daily duties and responsibilities are
directly or indirectly | 15 | | supervised or managed by a person paid by a payroll
warrant (or | 16 | | its administrative equivalent) funded by State funds or pass
| 17 | | through funds.
| 18 | | (c) "Agency" or "State agency" means those entities | 19 | | included in the
definition of "State agencies" in the Illinois | 20 | | State Auditing Act.
| 21 | | (d) "Minority" means a person who is any of the following:
| 22 | | (1) Native American American Indian or Alaska Native (a | 23 | | person having origins in any of the original peoples of |
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| 1 | | North and South America, including Central America, and who | 2 | | maintains 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 | | (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 | | (e) "Professional employee" means a person employed to | 19 | | perform
employment duties requiring academic training, | 20 | | evidenced by a graduate or
advanced degree from an accredited | 21 | | institution of higher education, and
who, in the performance of | 22 | | those employment duties, may only engage in active
practice of | 23 | | the academic training received when licensed or certified by
| 24 | | the State of Illinois.
| 25 | | (f) "State employee" means any person employed within the | 26 | | State work force.
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| 1 | | (g) "State work force" means all persons employed by the | 2 | | State of
Illinois as evidenced by:
| 3 | | (1) the total number of all payroll warrants (or their | 4 | | administrative
equivalent) issued by the Comptroller to | 5 | | pay:
| 6 | | (i) persons subject to the Personnel Code; and
| 7 | | (ii) for the sole purpose of providing accurate | 8 | | statistical
information, all persons exempt from the | 9 | | Personnel Code; and
| 10 | | (2) the total number of payroll warrants (or their | 11 | | administrative
equivalent) funded by State appropriation | 12 | | which are issued by educational
institutions governed by | 13 | | the Board of Trustees of the University of
Illinois, the | 14 | | Board of Trustees of Southern Illinois University, the | 15 | | Board
of Governors of State Colleges and Universities, and | 16 | | the Board of Regents; and
| 17 | | (3) the total number of contractual payroll system CO-2 | 18 | | vouchers (or
their administrative equivalent) funded by | 19 | | State revenues and issued by:
| 20 | | (i) the State Comptroller; and
| 21 | | (ii) the issuing agents of the educational | 22 | | institutions listed in
subdivision (2) of this | 23 | | subsection (g).
| 24 | | "State work force" does not, however, include
persons holding | 25 | | elective State office.
| 26 | | (Source: P.A. 97-396, eff. 1-1-12 .)
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| 1 | | (5 ILCS 410/15)
| 2 | | Sec. 15. Reported information.
| 3 | | (a) State agencies shall, if necessary, consult with the | 4 | | Office of the
Comptroller and the
Governor's Office of | 5 | | Management and Budget to confirm the accuracy of information
| 6 | | required by this Act. State agencies shall collect and maintain | 7 | | information
and publish reports including but not limited to | 8 | | the following information
arranged in the indicated | 9 | | categories:
| 10 | | (i) the total number of persons employed by the agency | 11 | | who are part of
the State work force, as defined by this | 12 | | Act, and the number and statistical
percentage of women, | 13 | | minorities, and persons with physical disabilities | 14 | | employed
within the agency work force;
| 15 | | (ii) the total number of persons employed within the | 16 | | agency work force
receiving levels of State remuneration | 17 | | within incremental levels of
$10,000, and the number and | 18 | | statistical percentage of minorities, women, and
persons | 19 | | with physical disabilities in the agency work force | 20 | | receiving levels of
State remuneration within incremented | 21 | | levels of $10,000;
| 22 | | (iii) the number of open positions of employment or | 23 | | advancement in the
agency work force, reported on a fiscal | 24 | | year basis;
| 25 | | (iv) the number and percentage of open positions of |
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| 1 | | employment or
advancement in the agency work force filled | 2 | | by minorities, women, and
persons with physical | 3 | | disabilities, reported on a fiscal year basis;
| 4 | | (v) the total number of persons employed within the | 5 | | agency work force
as professionals, and the number and | 6 | | percentage of minorities, women, and
persons with physical | 7 | | disabilities employed within the agency work force as
| 8 | | professional employees; and
| 9 | | (vi) the total number of persons employed within the | 10 | | agency work force
as contractual service employees, and the | 11 | | number and percentage of minorities,
women, and persons | 12 | | with physical disabilities employed within the agency work | 13 | | force as
contractual services employees.
| 14 | | (b) The numbers and percentages of minorities required to | 15 | | be reported by
this Section shall be identified by the | 16 | | following categories: | 17 | | (1) Native American American Indian or Alaska Native (a | 18 | | person having origins in any of the original peoples of | 19 | | North and South America, including Central America, and who | 20 | | maintains 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 |
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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 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 5 | | Puerto Rican, South or Central American, or other Spanish | 6 | | culture or origin, regardless of race). | 7 | | (5) Native Hawaiian or Other Pacific Islander (a person | 8 | | having origins in any of the original peoples of Hawaii, | 9 | | Guam, Samoa, or other Pacific Islands). | 10 | | Data concerning women shall be
reported on a minority and | 11 | | nonminority basis.
The numbers and percentages of persons with | 12 | | physical disabilities required to be
reported under this | 13 | | Section shall be identified by categories as male and
female.
| 14 | | (c) To accomplish consistent and uniform classification | 15 | | and collection of
information from each State agency, and to | 16 | | ensure full compliance and that all
required information is | 17 | | provided, the Index Department of the Office of the
Secretary | 18 | | of State, in consultation with the Department of Human Rights, | 19 | | the
Department of Central Management Services, and the Office | 20 | | of the Comptroller,
shall develop appropriate forms to be used | 21 | | by all State agencies subject to the
reporting requirements of | 22 | | this Act.
| 23 | | All State agencies shall make the reports required by this | 24 | | Act using the
forms developed under this subsection. The | 25 | | reports must be certified and
signed by an official of the | 26 | | agency who is responsible for the information
provided.
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| 1 | | (Source: P.A. 99-143, eff. 7-27-15 .)
| 2 | | Section 10. The Uniform Racial Classification Act is | 3 | | amended by changing Section 5 as follows: | 4 | | (20 ILCS 50/5)
| 5 | | Sec. 5. Uniform racial classification. Notwithstanding any | 6 | | other provision of law, except as otherwise required by federal | 7 | | law or regulation, whenever a State agency is required by law | 8 | | to compile or report statistical data using racial or ethnic | 9 | | classifications, that State agency shall use the following | 10 | | classifications: (i) White; (ii) Black or African American; | 11 | | (iii) Native American American Indian or Alaska Native; (iv) | 12 | | Asian; (v) Native Hawaiian or Other Pacific Islander; or (vi) | 13 | | Hispanic or Latino. | 14 | | For the purposes of this Act, "State agency" means the | 15 | | offices of the constitutional officers identified in Article V | 16 | | of the Illinois Constitution, executive agencies, and | 17 | | departments, boards, commissions, and authorities under the | 18 | | Governor.
| 19 | | (Source: P.A. 98-982, eff. 8-18-14.) | 20 | | Section 15. The Illinois Act on the Aging is amended by | 21 | | changing Section 3.10 as follows:
| 22 | | (20 ILCS 105/3.10)
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| 1 | | Sec. 3.10.
"Minority senior citizen" means any person
55 | 2 | | years of age or older for whom
opportunities for employment and | 3 | | participation in community life are
unavailable or
severely | 4 | | limited and who is any of the following:
| 5 | | (1) Native American American Indian or Alaska Native (a | 6 | | person having origins in any of the original peoples of | 7 | | North and South America, including Central America, and who | 8 | | maintains tribal affiliation or community attachment). | 9 | | (2) Asian (a person having origins in any of the | 10 | | original peoples of the Far East, Southeast Asia, or the | 11 | | Indian subcontinent, including, but not limited to, | 12 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 13 | | the Philippine Islands, Thailand, and Vietnam). | 14 | | (3) Black or African American (a person having origins | 15 | | in any of the black racial groups of Africa). Terms such as | 16 | | "Haitian" or "Negro" can be used in addition to "Black or | 17 | | African American". | 18 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 19 | | Puerto Rican, South or Central American, or other Spanish | 20 | | culture or origin, regardless of race). | 21 | | (5) Native Hawaiian or Other Pacific Islander (a person | 22 | | having origins in any of the original peoples of Hawaii, | 23 | | Guam, Samoa, or other Pacific Islands).
| 24 | | (Source: P.A. 97-396, eff. 1-1-12.)
| 25 | | Section 20. The Department of Public Health Powers and |
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| 1 | | Duties Law of the
Civil Administrative Code of Illinois is | 2 | | amended by changing Section 2310-215 as follows:
| 3 | | (20 ILCS 2310/2310-215) (was 20 ILCS 2310/55.62)
| 4 | | Sec. 2310-215. Center for Minority Health Services.
| 5 | | (a) The Department shall establish a Center for Minority | 6 | | Health
Services to advise the Department on matters pertaining | 7 | | to the health needs
of minority populations within the State.
| 8 | | (b) The Center shall have the following duties:
| 9 | | (1) To assist in the assessment of the health needs of | 10 | | minority
populations in the State.
| 11 | | (2) To recommend treatment methods and programs that | 12 | | are sensitive and
relevant to the unique linguistic, | 13 | | cultural, and ethnic characteristics of
minority | 14 | | populations.
| 15 | | (3) To provide consultation, technical assistance, | 16 | | training programs, and
reference materials to service | 17 | | providers, organizations, and other
agencies.
| 18 | | (4) To promote awareness of minority health concerns, | 19 | | and
encourage, promote, and aid in the establishment of | 20 | | minority services.
| 21 | | (5) To disseminate information on available minority | 22 | | services.
| 23 | | (6) To provide adequate and effective opportunities | 24 | | for minority
populations to express their views on | 25 | | Departmental policy development and
program |
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| 1 | | implementation.
| 2 | | (7) To coordinate with the Department on Aging and the | 3 | | Department of Healthcare and Family Services to coordinate | 4 | | services designed to meet the needs of minority senior
| 5 | | citizens.
| 6 | | (8) To promote awareness of the incidence of | 7 | | Alzheimer's disease and related dementias among minority | 8 | | populations and to encourage, promote, and aid in the | 9 | | establishment of prevention and treatment programs and | 10 | | services relating to this health problem.
| 11 | | (c) For the purpose of this Section, "minority" shall mean | 12 | | and include
any person or group of persons who are any of the | 13 | | following:
| 14 | | (1) Native American American Indian or Alaska Native (a | 15 | | person having origins in any of the original peoples of | 16 | | North and South America, including Central America, and who | 17 | | maintains tribal affiliation or community attachment). | 18 | | (2) Asian (a person having origins in any of the | 19 | | original peoples of the Far East, Southeast Asia, or the | 20 | | Indian subcontinent, including, but not limited to, | 21 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 22 | | the Philippine Islands, Thailand, and Vietnam). | 23 | | (3) Black or African American (a person having origins | 24 | | in any of the black racial groups of Africa). Terms such as | 25 | | "Haitian" or "Negro" can be used in addition to "Black or | 26 | | African American". |
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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 25. The Criminal Identification Act is amended by | 9 | | changing Section 4.5 as follows: | 10 | | (20 ILCS 2630/4.5) | 11 | | Sec. 4.5. Ethnic and racial data collection. | 12 | | (a) Ethnic and racial data for every adult or juvenile | 13 | | arrested shall be collected at the following points of contact | 14 | | by the entity identified in this subsection or another entity | 15 | | authorized and qualified to collect and report on this data: | 16 | | (1) at arrest or booking, by the supervising law | 17 | | enforcement agency; | 18 | | (2) upon admittance to the Department of Corrections, | 19 | | by the Department of Corrections; | 20 | | (3) upon admittance to the Department of Juvenile | 21 | | Justice, by the Department of Juvenile Justice; and | 22 | | (4) upon transfer from the Department of Juvenile | 23 | | Justice to the Department of Corrections, by the Department | 24 | | of Juvenile Justice. |
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| 1 | | (b) Ethnic and racial data shall be collected through | 2 | | selection of one of the following categories: | 3 | | (1) Native American American Indian or Alaskan Native; | 4 | | (2) Asian or Pacific Islander; | 5 | | (3) Black or African American; | 6 | | (4) White or Caucasian; | 7 | | (5) Hispanic or Latino; or | 8 | | (6) Unknown. | 9 | | (c) The collecting entity shall make a good-faith effort to | 10 | | collect race and ethnicity information as self-reported by the | 11 | | adult or juvenile. If the adult or juvenile is unable or | 12 | | unwilling to provide race and ethnicity information, the | 13 | | collecting entity shall make a good-faith effort to deduce the | 14 | | race and ethnicity of the adult or juvenile.
| 15 | | (Source: P.A. 98-528, eff. 1-1-15; 99-78, eff. 7-20-15.) | 16 | | Section 30. The Business Enterprise for Minorities, | 17 | | Females, and Persons with
Disabilities Act is amended by | 18 | | changing Section 2 as follows:
| 19 | | (30 ILCS 575/2)
| 20 | | (Section scheduled to be repealed on June 30, 2020) | 21 | | Sec. 2. Definitions.
| 22 | | (A) For the purpose of this Act, the following
terms shall | 23 | | have the following definitions:
| 24 | | (1) "Minority person" shall mean a person who is a |
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| 1 | | citizen or lawful
permanent resident of the United States | 2 | | and who is any of the following:
| 3 | | (a) Native American American Indian or Alaska | 4 | | Native (a person having origins in any of the original | 5 | | peoples of North and South America, including Central | 6 | | America, and who maintains tribal affiliation or | 7 | | community attachment). | 8 | | (b) Asian (a person having origins in any of the | 9 | | original peoples of the Far East, Southeast Asia, or | 10 | | the Indian subcontinent, including, but not limited | 11 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 12 | | Pakistan, the Philippine Islands, Thailand, and | 13 | | Vietnam). | 14 | | (c) Black or African American (a person having | 15 | | origins in any of the black racial groups of Africa). | 16 | | Terms such as "Haitian" or "Negro" can be used in | 17 | | addition to "Black or African American". | 18 | | (d) 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 | | (e) 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 | | (2) "Female" shall mean a person who is a citizen or | 25 | | lawful permanent
resident of the United States and who is | 26 | | of the female gender.
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| 1 | | (2.05) "Person with a disability" means a person who is | 2 | | a citizen or
lawful resident of the United States and is a | 3 | | person qualifying as a person with a disability under | 4 | | subdivision (2.1) of this subsection (A).
| 5 | | (2.1) "Person with a disability" means a person with a | 6 | | severe physical or mental disability that:
| 7 | | (a) results from:
| 8 | | amputation,
| 9 | | arthritis,
| 10 | | autism,
| 11 | | blindness,
| 12 | | burn injury,
| 13 | | cancer,
| 14 | | cerebral palsy,
| 15 | | Crohn's disease, | 16 | | cystic fibrosis,
| 17 | | deafness,
| 18 | | head injury,
| 19 | | heart disease,
| 20 | | hemiplegia,
| 21 | | hemophilia,
| 22 | | respiratory or pulmonary dysfunction,
| 23 | | an intellectual disability,
| 24 | | mental illness,
| 25 | | multiple sclerosis,
| 26 | | muscular dystrophy,
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| 1 | | musculoskeletal disorders,
| 2 | | neurological disorders, including stroke and | 3 | | epilepsy,
| 4 | | paraplegia,
| 5 | | quadriplegia and other spinal cord conditions,
| 6 | | sickle cell anemia,
| 7 | | ulcerative colitis, | 8 | | specific learning disabilities, or
| 9 | | end stage renal failure disease; and
| 10 | | (b) substantially limits one or more of the | 11 | | person's major life activities.
| 12 | | Another disability or combination of disabilities may | 13 | | also be considered
as a severe disability for the purposes | 14 | | of item (a) of this
subdivision (2.1) if it is determined | 15 | | by an evaluation of
rehabilitation potential to
cause a | 16 | | comparable degree of substantial functional limitation | 17 | | similar to
the specific list of disabilities listed in item | 18 | | (a) of this
subdivision (2.1).
| 19 | | (3) "Minority owned business" means a business which is | 20 | | at least
51% owned by one or more minority persons, or in | 21 | | the case of a
corporation, at least 51% of the stock in | 22 | | which is owned by one or
more minority persons; and the | 23 | | management and daily business operations of
which are | 24 | | controlled by one or more of the minority individuals who | 25 | | own it.
| 26 | | (4) "Female owned business" means a business which is |
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| 1 | | at least
51% owned by one or more females, or, in the case | 2 | | of a corporation, at
least 51% of the stock in which is | 3 | | owned by one or more females; and the
management and daily | 4 | | business operations of which are controlled by one or
more | 5 | | of the females who own it.
| 6 | | (4.1) "Business owned by a person with a disability" | 7 | | means a business
that is at least 51% owned by one or more | 8 | | persons with a disability
and the management and daily | 9 | | business operations of which
are controlled by one or more | 10 | | of the persons with disabilities who own it. A
| 11 | | not-for-profit agency for persons with disabilities that | 12 | | is exempt from
taxation under Section 501 of the Internal | 13 | | Revenue Code of 1986 is also
considered a "business owned | 14 | | by a person with a disability".
| 15 | | (4.2) "Council" means the Business Enterprise Council | 16 | | for Minorities,
Females, and Persons with Disabilities | 17 | | created under Section 5 of this Act.
| 18 | | (5) "State contracts" means all contracts entered into | 19 | | by the State, any agency or department thereof, or any | 20 | | public institution of higher education, including | 21 | | community college districts, regardless of the source of | 22 | | the funds with which the contracts are paid, which are not | 23 | | subject to federal reimbursement. "State contracts" does | 24 | | not include contracts awarded by a retirement system, | 25 | | pension fund, or investment board subject to Section | 26 | | 1-109.1 of the Illinois Pension Code. This definition shall |
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| 1 | | control over any existing definition under this Act or | 2 | | applicable administrative rule.
| 3 | | "State construction contracts" means all State | 4 | | contracts entered
into by a State agency or public | 5 | | institution of higher education for the repair, | 6 | | remodeling,
renovation or
construction of a building or | 7 | | structure, or for the construction or
maintenance of a | 8 | | highway defined in Article 2 of the Illinois Highway
Code.
| 9 | | (6) "State agencies" shall mean all departments, | 10 | | officers, boards,
commissions, institutions and bodies | 11 | | politic and corporate of the State,
but does not include | 12 | | the Board of Trustees of the University of Illinois,
the | 13 | | Board of Trustees of Southern Illinois University,
the | 14 | | Board of Trustees
of Chicago State University, the Board of | 15 | | Trustees of Eastern Illinois
University, the Board of | 16 | | Trustees of Governors State University, the Board of
| 17 | | Trustees of Illinois State University, the Board of | 18 | | Trustees of Northeastern
Illinois
University, the Board of | 19 | | Trustees of Northern Illinois University, the Board of
| 20 | | Trustees of Western Illinois University,
municipalities or | 21 | | other local governmental units, or other State | 22 | | constitutional
officers.
| 23 | | (7) "Public institutions of higher education" means | 24 | | the University of Illinois, Southern Illinois University, | 25 | | Chicago State University, Eastern Illinois University, | 26 | | Governors State University, Illinois State University, |
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| 1 | | Northeastern Illinois University, Northern Illinois | 2 | | University, Western Illinois University, the public | 3 | | community colleges of the State, and any other public | 4 | | universities, colleges, and community colleges now or | 5 | | hereafter established or authorized by the General | 6 | | Assembly.
| 7 | | (8) "Certification" means a determination made by the | 8 | | Council
or by one delegated authority from the Council to | 9 | | make certifications, or by
a State agency with statutory | 10 | | authority to make such a certification, that a
business | 11 | | entity is a business owned by a
minority, female, or person | 12 | | with a disability for whatever
purpose. A business owned | 13 | | and controlled by females shall be certified as a "female | 14 | | owned business". A business owned and controlled by females | 15 | | who are also minorities shall be certified as both a | 16 | | "female owned business" and a "minority owned business".
| 17 | | (9) "Control" means the exclusive or ultimate and sole | 18 | | control of the
business including, but not limited to, | 19 | | capital investment and all other
financial matters, | 20 | | property, acquisitions, contract negotiations, legal
| 21 | | matters, officer-director-employee selection and | 22 | | comprehensive hiring,
operating responsibilities, | 23 | | cost-control matters, income and dividend
matters, | 24 | | financial transactions and rights of other shareholders or | 25 | | joint
partners. Control shall be real, substantial and | 26 | | continuing, not pro forma.
Control shall include the power |
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| 1 | | to direct or cause the direction of the
management and | 2 | | policies of the business and to make the day-to-day as well
| 3 | | as major decisions in matters of policy, management and | 4 | | operations.
Control shall be exemplified by possessing the | 5 | | requisite knowledge and
expertise to run the particular | 6 | | business and control shall not include
simple majority or | 7 | | absentee ownership.
| 8 | | (10) "Business" means a business that has annual gross | 9 | | sales of less than $75,000,000 as evidenced by the federal | 10 | | income tax return of the business. A firm with gross sales | 11 | | in excess of this cap may apply to the Council for | 12 | | certification for a particular contract if the firm can | 13 | | demonstrate that the contract would have significant | 14 | | impact on businesses owned by minorities, females, or | 15 | | persons with disabilities as suppliers or subcontractors | 16 | | or in employment of minorities, females, or persons with | 17 | | disabilities.
| 18 | | (B) When a business is owned at least 51% by any | 19 | | combination of
minority persons, females, or persons with | 20 | | disabilities,
even though none of the 3 classes alone holds at | 21 | | least a 51% interest, the
ownership
requirement for purposes of | 22 | | this Act is considered to be met. The
certification category | 23 | | for the business is that of the class holding the
largest | 24 | | ownership
interest in the business. If 2 or more classes have | 25 | | equal ownership interests,
the certification category shall be | 26 | | determined by
the business.
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| 1 | | (Source: P.A. 98-95, eff. 7-17-13; 99-143, eff. 7-27-15; | 2 | | 99-462, eff. 8-25-15; 99-642, eff. 7-28-16.) | 3 | | Section 35. The State Construction Minority and Female | 4 | | Building Trades Act is amended by changing Section 35-5 as | 5 | | follows: | 6 | | (30 ILCS 577/35-5)
| 7 | | Sec. 35-5. Definitions. For the purposes of this Article: | 8 | | "Under-represented minority" means a person who is any of | 9 | | the following: | 10 | | (1) Native American American Indian or Alaska Native (a | 11 | | person having origins in any of the original peoples of | 12 | | North and South America, including Central America, and who | 13 | | maintains 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 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 24 | | Puerto Rican, South or Central American, or other Spanish |
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| 1 | | culture or origin, regardless of race). | 2 | | (5) Native Hawaiian or Other Pacific Islander (a person | 3 | | having origins in any of the original peoples of Hawaii, | 4 | | Guam, Samoa, or other Pacific Islands). | 5 | | "Construction" means any constructing, altering, | 6 | | reconstructing, repairing, rehabilitating, refinishing, | 7 | | refurbishing, remodeling, remediating, renovating, custom | 8 | | fabricating, maintenance, landscaping, improving, wrecking, | 9 | | painting, decorating, demolishing, and adding to or | 10 | | subtracting from any building, structure, highway, roadway, | 11 | | street, bridge, alley, sewer, ditch, sewage disposal plant, | 12 | | water works, parking facility, railroad, excavation or other | 13 | | structure, project, development, real property or improvement, | 14 | | or to do any part thereof, whether or not the performance of | 15 | | the work herein described involves the addition to, or | 16 | | fabrication into, any structure, project, development, real | 17 | | property or improvement herein described of any material or | 18 | | article of merchandise. Construction shall also include moving | 19 | | construction related materials on the job site to or from the | 20 | | job site.
| 21 | | (Source: P.A. 96-37, eff. 7-13-09; 97-396, eff. 1-1-12.) | 22 | | Section 40. The Inclusion of Women and Minorities in | 23 | | Clinical Research Act is amended by changing Section 5 as | 24 | | follows:
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| 1 | | (30 ILCS 785/5)
| 2 | | Sec. 5. Definitions. In this Act:
| 3 | | "Grantee" means any qualified public, private, or | 4 | | not-for-profit agency or
individual, including, but not | 5 | | limited to, a college, university, hospital,
laboratory,
| 6 | | research institution, local health department, voluntary | 7 | | health agency, health
maintenance
organization, corporation, | 8 | | student, fellow, or entrepreneur, conducting
clinical research
| 9 | | using State funds. A grantee may also be a corporation that is | 10 | | headquartered in
Illinois
and that conducts research using | 11 | | State funds.
| 12 | | "Minority group" means a group that is a readily | 13 | | identifiable subset of the U.S. population that is | 14 | | distinguished by racial, ethnic, or cultural heritage and that | 15 | | is made up of persons who are any of the following: | 16 | | (1) Native American American Indian or Alaska Native (a | 17 | | person having origins in any of the original peoples of | 18 | | North and South America, including Central America, and who | 19 | | maintains tribal affiliation or community attachment). | 20 | | (2) Asian (a person having origins in any of the | 21 | | original peoples of the Far East, Southeast Asia, or the | 22 | | Indian subcontinent, including, but not limited to, | 23 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 24 | | the Philippine Islands, Thailand, and Vietnam). | 25 | | (3) Black or African American (a person having origins | 26 | | in any of the black racial groups of Africa). Terms such as |
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| 1 | | "Haitian" or "Negro" can be used in addition to "Black or | 2 | | African American". | 3 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 4 | | Puerto Rican, South or Central American, or other Spanish | 5 | | culture or origin, regardless of race). | 6 | | (5) Native Hawaiian or Other Pacific Islander (a person | 7 | | having origins in any of the original peoples of Hawaii, | 8 | | Guam, Samoa, or other Pacific Islands).
| 9 | | "Project of clinical research" includes a clinical trial.
| 10 | | (Source: P.A. 97-396, eff. 1-1-12.)
| 11 | | Section 45. The Metropolitan Pier and Exposition Authority | 12 | | Act is amended by changing Section 23.1 as follows:
| 13 | | (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
| 14 | | Sec. 23.1. Affirmative action.
| 15 | | (a) The Authority shall, within 90 days after the effective
| 16 | | date of this amendatory Act of 1984, establish and maintain an | 17 | | affirmative
action program designed to promote equal | 18 | | employment opportunity and
eliminate the effects of past | 19 | | discrimination. Such program shall include a
plan, including | 20 | | timetables where appropriate, which shall specify goals
and | 21 | | methods for increasing participation by women and minorities in
| 22 | | employment, including employment related to the planning, | 23 | | organization, and staging of the games, by the Authority and by | 24 | | parties which contract with the Authority.
The Authority shall |
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| 1 | | submit a detailed plan with the General Assembly prior
to | 2 | | September 1 of each year. Such program shall also establish | 3 | | procedures and
sanctions (including debarment), which the | 4 | | Authority shall enforce to
ensure compliance with the plan | 5 | | established pursuant to this Section and
with State and federal | 6 | | laws and regulations relating to the employment of
women and | 7 | | minorities. A determination by the Authority as to whether a
| 8 | | party to a contract with the Authority has achieved the goals | 9 | | or employed
the methods for increasing participation by women | 10 | | and minorities shall be
determined in accordance with the terms | 11 | | of such contracts or the applicable
provisions of rules and | 12 | | regulations of the Authority existing at the time
such contract | 13 | | was executed, including any provisions for consideration of
| 14 | | good faith efforts at compliance which the Authority may | 15 | | reasonably adopt.
| 16 | | (b) The Authority shall adopt and maintain minority and
| 17 | | female owned business enterprise procurement programs under | 18 | | the affirmative
action program described in subsection (a) for | 19 | | any and all work, including all contracting related to the | 20 | | planning, organization, and staging of the games, undertaken
by | 21 | | the Authority. That work shall include, but is not limited to, | 22 | | the
purchase of professional services, construction services, | 23 | | supplies,
materials, and equipment. The programs shall | 24 | | establish goals of awarding
not less than 25% of the annual | 25 | | dollar value of all contracts, purchase
orders, or other | 26 | | agreements (collectively referred to as "contracts") to
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| 1 | | minority owned businesses and 5% of the annual dollar value of | 2 | | all
contracts to female owned businesses. Without limiting the | 3 | | generality of
the foregoing, the programs shall require in | 4 | | connection with the
prequalification or consideration of | 5 | | vendors for professional service
contracts, construction | 6 | | contracts, and contracts for supplies, materials,
equipment, | 7 | | and services that each proposer or bidder submit as part of his
| 8 | | or her proposal or bid a commitment detailing how he or she | 9 | | will expend 25%
or more of the dollar value of his or her | 10 | | contracts with one or more
minority owned businesses and 5% or | 11 | | more of the dollar value with one or
more female owned | 12 | | businesses. Bids or proposals that do not include such
detailed | 13 | | commitments are not responsive and shall be rejected unless the
| 14 | | Authority deems it appropriate to grant a waiver of these | 15 | | requirements. In
addition the Authority may, in connection with | 16 | | the selection of providers
of professional services, reserve | 17 | | the right to select a minority or female
owned business or | 18 | | businesses to fulfill the commitment to minority and
female | 19 | | business participation. The commitment to minority and female
| 20 | | business participation may be met by the contractor or | 21 | | professional service
provider's status as a minority or female | 22 | | owned business, by joint venture
or by subcontracting a portion | 23 | | of the work with or purchasing materials for
the work from one | 24 | | or more such businesses, or by any combination thereof.
Each | 25 | | contract shall require the contractor or provider to submit a
| 26 | | certified monthly report detailing the status of that |
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| 1 | | contractor or
provider's compliance with the Authority's | 2 | | minority and female owned
business enterprise procurement | 3 | | program. The Authority, after reviewing
the monthly reports of | 4 | | the contractors and providers, shall
compile a comprehensive | 5 | | report regarding compliance with this procurement
program and | 6 | | file it quarterly with the General Assembly. If, in connection
| 7 | | with a particular contract, the Authority determines that it is
| 8 | | impracticable or excessively costly to obtain minority or | 9 | | female owned
businesses to perform sufficient work to fulfill | 10 | | the commitment required by
this subsection, the Authority shall | 11 | | reduce or waive the commitment in the
contract, as may be | 12 | | appropriate. The Authority shall establish rules and
| 13 | | regulations setting forth the standards to be used in | 14 | | determining whether
or not a reduction or waiver is | 15 | | appropriate. The terms "minority owned
business" and "female | 16 | | owned business" have the meanings given to those
terms in the | 17 | | Business Enterprise for Minorities,
Females, and Persons with | 18 | | Disabilities Act.
| 19 | | (c) The Authority shall adopt and maintain an affirmative
| 20 | | action program in connection with the hiring
of minorities and | 21 | | women on the Expansion Project and on any and all
construction | 22 | | projects, including all contracting related to the planning, | 23 | | organization, and staging of the games, undertaken by the | 24 | | Authority. The program shall be
designed to promote equal | 25 | | employment opportunity and shall specify the
goals and methods | 26 | | for increasing the participation of minorities and women
in a |
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| 1 | | representative mix of job classifications required to perform | 2 | | the
respective contracts awarded by the Authority.
| 3 | | (d) In connection with the Expansion Project, the Authority | 4 | | shall
incorporate the following elements into its minority and | 5 | | female owned
business procurement programs to the extent | 6 | | feasible: (1) a major
contractors program that permits minority | 7 | | owned businesses and female owned
businesses to bear | 8 | | significant responsibility and risk for a portion of the
| 9 | | project; (2) a mentor/protege program that provides financial, | 10 | | technical,
managerial, equipment, and personnel support to | 11 | | minority owned businesses
and female owned businesses; (3) an | 12 | | emerging firms program that includes
minority owned businesses | 13 | | and female owned businesses that would not
otherwise qualify | 14 | | for the project due to inexperience or limited resources;
(4) a | 15 | | small projects program that includes participation by smaller
| 16 | | minority owned businesses and female owned businesses on jobs | 17 | | where the
total dollar value is $5,000,000 or less; and (5) a | 18 | | set-aside program that
will identify contracts requiring the | 19 | | expenditure of funds less than
$50,000 for bids to be submitted | 20 | | solely by minority owned businesses and
female owned | 21 | | businesses.
| 22 | | (e) The Authority is authorized to enter into agreements | 23 | | with
contractors' associations, labor unions, and the | 24 | | contractors working on the
Expansion Project to establish an | 25 | | Apprenticeship Preparedness Training
Program to provide for an | 26 | | increase in the number of minority and female
journeymen and |
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| 1 | | apprentices in the building trades and to enter into
agreements | 2 | | with Community College District 508 to provide readiness | 3 | | training.
The Authority is further authorized to enter into | 4 | | contracts with public and
private educational institutions and | 5 | | persons in the hospitality industry to
provide training for | 6 | | employment in the hospitality industry.
| 7 | | (f) McCormick Place Advisory Board. There is created a | 8 | | McCormick Place
Advisory Board composed as follows:
2 members | 9 | | shall be appointed by the Mayor of Chicago;
2 members shall be | 10 | | appointed by the Governor;
2 members shall be State Senators | 11 | | appointed by the President of the Senate;
2 members shall be | 12 | | State Senators appointed by the Minority Leader of the
Senate;
| 13 | | 2 members shall be State Representatives appointed by the | 14 | | Speaker of the House
of Representatives; and
2 members shall be | 15 | | State Representatives appointed by the Minority Leader of
the | 16 | | House of Representatives.
The terms of all previously appointed | 17 | | members of the Advisory Board expire on
the effective date of | 18 | | this amendatory Act of the 92nd General Assembly. A
State | 19 | | Senator or State Representative member may appoint a designee | 20 | | to serve
on the McCormick Place Advisory Board in his or her | 21 | | absence.
| 22 | | A "member of a minority group" shall mean a person who is a | 23 | | citizen or
lawful permanent resident of the United States and | 24 | | who is any of the following:
| 25 | | (1) Native American American Indian or Alaska Native (a | 26 | | person having origins in any of the original peoples of |
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| 1 | | North and South America, including Central America, and who | 2 | | maintains 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 | | (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 | | Members of the McCormick Place Advisory Board shall serve | 19 | | 2-year terms
and until their successors are appointed, except | 20 | | members who serve as a
result of their elected position whose | 21 | | terms shall continue as long as
they hold their designated | 22 | | elected positions. Vacancies shall be filled by
appointment for | 23 | | the unexpired term in the same manner as original
appointments | 24 | | are made. The McCormick Place Advisory Board shall elect
its | 25 | | own chairperson.
| 26 | | Members of the McCormick Place Advisory Board shall serve |
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| 1 | | without
compensation but, at the Authority's discretion, shall | 2 | | be reimbursed for
necessary expenses in connection with the | 3 | | performance of their duties.
| 4 | | The McCormick Place Advisory Board shall meet quarterly, or | 5 | | as needed,
shall produce any reports it deems necessary, and | 6 | | shall:
| 7 | | (1) Work with the Authority on ways to improve the area | 8 | | physically
and economically;
| 9 | | (2) Work with the Authority regarding potential means | 10 | | for providing
increased economic opportunities to | 11 | | minorities and women produced
indirectly or directly from | 12 | | the construction and operation of the
Expansion Project;
| 13 | | (3) Work with the Authority to minimize any potential | 14 | | impact on the
area surrounding the McCormick Place | 15 | | Expansion Project, including any
impact on minority or | 16 | | female owned businesses, resulting from the
construction | 17 | | and operation of the Expansion Project;
| 18 | | (4) Work with the Authority to find candidates for | 19 | | building trades
apprenticeships, for employment in the | 20 | | hospitality industry, and to identify
job training | 21 | | programs;
| 22 | | (5) Work with the Authority to implement the provisions | 23 | | of subsections
(a) through (e) of this Section in the | 24 | | construction of the Expansion
Project, including the | 25 | | Authority's goal of awarding not less than 25% and
5% of | 26 | | the annual dollar value of contracts to minority and female |
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| 1 | | owned
businesses, the outreach program for minorities and | 2 | | women, and the
mentor/protege program for providing | 3 | | assistance to minority and female
owned businesses.
| 4 | | (g) The Authority shall comply with subsection (e) of | 5 | | Section 5-42 of the Olympic Games and Paralympic Games (2016) | 6 | | Law. For purposes of this Section, the term "games" has the | 7 | | meaning set forth in the Olympic Games and Paralympic Games | 8 | | (2016) Law. | 9 | | (Source: P.A. 96-7, eff. 4-3-09; 97-396, eff. 1-1-12.)
| 10 | | Section 50. The School Code is amended by changing Sections | 11 | | 27-20 and 34-18 as follows:
| 12 | | (105 ILCS 5/27-20) (from Ch. 122, par. 27-20)
| 13 | | Sec. 27-20. Native American American Indian day.
| 14 | | The fourth Friday of September is designated " Native | 15 | | American American Indian Day," to
be observed throughout the | 16 | | State as a day on which to hold appropriate
exercises in | 17 | | commemoration of the Native Americans American Indians .
| 18 | | (Source: Laws 1961, p. 31.)
| 19 | | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| 20 | | Sec. 34-18. Powers of the board. The board shall exercise | 21 | | general
supervision and jurisdiction over the public education | 22 | | and the public
school system of the city, and, except as | 23 | | otherwise provided by this
Article, shall have power:
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| 1 | | 1. To make suitable provision for the establishment and | 2 | | maintenance
throughout the year or for such portion thereof | 3 | | as it may direct, not
less than 9 months, of schools of all | 4 | | grades and kinds, including normal
schools, high schools, | 5 | | night schools, schools for defectives and
delinquents, | 6 | | parental and truant schools, schools for the blind, the
| 7 | | deaf and persons with physical disabilities, schools or | 8 | | classes in manual training,
constructural and vocational | 9 | | teaching, domestic arts and physical
culture, vocation and | 10 | | extension schools and lecture courses, and all
other | 11 | | educational courses and facilities, including | 12 | | establishing,
equipping, maintaining and operating | 13 | | playgrounds and recreational
programs, when such programs | 14 | | are conducted in, adjacent to, or connected
with any public | 15 | | school under the general supervision and jurisdiction
of | 16 | | the board; provided that the calendar for the school term | 17 | | and any changes must be submitted to and approved by the | 18 | | State Board of Education before the calendar or changes may | 19 | | take effect, and provided that in allocating funds
from | 20 | | year to year for the operation of all attendance centers | 21 | | within the
district, the board shall ensure that | 22 | | supplemental general State aid funds
are allocated and | 23 | | applied in accordance with Section 18-8 or 18-8.05. To
| 24 | | admit to such
schools without charge foreign exchange | 25 | | students who are participants in
an organized exchange | 26 | | student program which is authorized by the board.
The board |
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| 1 | | shall permit all students to enroll in apprenticeship | 2 | | programs
in trade schools operated by the board, whether | 3 | | those programs are
union-sponsored or not. No student shall | 4 | | be refused admission into or
be excluded from any course of | 5 | | instruction offered in the common schools
by reason of that | 6 | | student's sex. No student shall be denied equal
access to | 7 | | physical education and interscholastic athletic programs
| 8 | | supported from school district funds or denied | 9 | | participation in
comparable physical education and | 10 | | athletic programs solely by reason of
the student's sex. | 11 | | Equal access to programs supported from school
district | 12 | | funds and comparable programs will be defined in rules
| 13 | | promulgated by the State Board of Education in
consultation | 14 | | with the Illinois High School Association.
Notwithstanding | 15 | | any other provision of this Article, neither the board
of | 16 | | education nor any local school council or other school | 17 | | official shall
recommend that children with disabilities | 18 | | be placed into regular education
classrooms unless those | 19 | | children with disabilities are provided with
supplementary | 20 | | services to assist them so that they benefit from the | 21 | | regular
classroom instruction and are included on the | 22 | | teacher's regular education
class register;
| 23 | | 2. To furnish lunches to pupils, to make a reasonable | 24 | | charge
therefor, and to use school funds for the payment of | 25 | | such expenses as
the board may determine are necessary in | 26 | | conducting the school lunch
program;
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| 1 | | 3. To co-operate with the circuit court;
| 2 | | 4. To make arrangements with the public or quasi-public | 3 | | libraries
and museums for the use of their facilities by | 4 | | teachers and pupils of
the public schools;
| 5 | | 5. To employ dentists and prescribe their duties for | 6 | | the purpose of
treating the pupils in the schools, but | 7 | | accepting such treatment shall
be optional with parents or | 8 | | guardians;
| 9 | | 6. To grant the use of assembly halls and classrooms | 10 | | when not
otherwise needed, including light, heat, and | 11 | | attendants, for free public
lectures, concerts, and other | 12 | | educational and social interests, free of
charge, under | 13 | | such provisions and control as the principal of the
| 14 | | affected attendance center may prescribe;
| 15 | | 7. To apportion the pupils to the several schools; | 16 | | provided that no pupil
shall be excluded from or segregated | 17 | | in any such school on account of his
color, race, sex, or | 18 | | nationality. The board shall take into consideration
the | 19 | | prevention of segregation and the elimination of | 20 | | separation of children
in public schools because of color, | 21 | | race, sex, or nationality. Except that
children may be | 22 | | committed to or attend parental and social adjustment | 23 | | schools
established and maintained either for boys or girls | 24 | | only. All records
pertaining to the creation, alteration or | 25 | | revision of attendance areas shall
be open to the public. | 26 | | Nothing herein shall limit the board's authority to
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| 1 | | establish multi-area attendance centers or other student | 2 | | assignment systems
for desegregation purposes or | 3 | | otherwise, and to apportion the pupils to the
several | 4 | | schools. Furthermore, beginning in school year 1994-95, | 5 | | pursuant
to a board plan adopted by October 1, 1993, the | 6 | | board shall offer, commencing
on a phased-in basis, the | 7 | | opportunity for families within the school
district to | 8 | | apply for enrollment of their children in any attendance | 9 | | center
within the school district which does not have | 10 | | selective admission
requirements approved by the board. | 11 | | The appropriate geographical area in
which such open | 12 | | enrollment may be exercised shall be determined by the
| 13 | | board of education. Such children may be admitted to any | 14 | | such attendance
center on a space available basis after all | 15 | | children residing within such
attendance center's area | 16 | | have been accommodated. If the number of
applicants from | 17 | | outside the attendance area exceed the space available,
| 18 | | then successful applicants shall be selected by lottery. | 19 | | The board of
education's open enrollment plan must include | 20 | | provisions that allow low
income students to have access to | 21 | | transportation needed to exercise school
choice. Open | 22 | | enrollment shall be in compliance with the provisions of | 23 | | the
Consent Decree and Desegregation Plan cited in Section | 24 | | 34-1.01;
| 25 | | 8. To approve programs and policies for providing | 26 | | transportation
services to students. Nothing herein shall |
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| 1 | | be construed to permit or empower
the State Board of | 2 | | Education to order, mandate, or require busing or other
| 3 | | transportation of pupils for the purpose of achieving | 4 | | racial balance in any
school;
| 5 | | 9. Subject to the limitations in this Article, to | 6 | | establish and
approve system-wide curriculum objectives | 7 | | and standards, including graduation
standards, which | 8 | | reflect the
multi-cultural diversity in the city and are | 9 | | consistent with State law,
provided that for all purposes | 10 | | of this Article courses or
proficiency in American Sign | 11 | | Language shall be deemed to constitute courses
or | 12 | | proficiency in a foreign language; and to employ principals | 13 | | and teachers,
appointed as provided in this
Article, and | 14 | | fix their compensation. The board shall prepare such | 15 | | reports
related to minimal competency testing as may be | 16 | | requested by the State
Board of Education, and in addition | 17 | | shall monitor and approve special
education and bilingual | 18 | | education programs and policies within the district to
| 19 | | assure that appropriate services are provided in | 20 | | accordance with applicable
State and federal laws to | 21 | | children requiring services and education in those
areas;
| 22 | | 10. To employ non-teaching personnel or utilize | 23 | | volunteer personnel
for: (i) non-teaching duties not | 24 | | requiring instructional judgment or
evaluation of pupils, | 25 | | including library duties; and (ii) supervising study
| 26 | | halls, long distance teaching reception areas used |
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| 1 | | incident to instructional
programs transmitted by | 2 | | electronic media such as computers, video, and audio,
| 3 | | detention and discipline areas, and school-sponsored | 4 | | extracurricular
activities. The board may further utilize | 5 | | volunteer non-certificated
personnel or employ | 6 | | non-certificated personnel to
assist in the instruction of | 7 | | pupils under the immediate supervision of a
teacher holding | 8 | | a valid certificate, directly engaged in teaching
subject | 9 | | matter or conducting activities; provided that the teacher
| 10 | | shall be continuously aware of the non-certificated | 11 | | persons' activities and
shall be able to control or modify | 12 | | them. The general superintendent shall
determine | 13 | | qualifications of such personnel and shall prescribe rules | 14 | | for
determining the duties and activities to be assigned to | 15 | | such personnel;
| 16 | | 10.5. To utilize volunteer personnel from a regional | 17 | | School Crisis
Assistance Team (S.C.A.T.), created as part | 18 | | of the Safe to Learn Program
established pursuant to | 19 | | Section 25 of the Illinois Violence Prevention Act
of 1995, | 20 | | to provide assistance to schools in times of violence or | 21 | | other
traumatic incidents within a school community by | 22 | | providing crisis
intervention services to lessen the | 23 | | effects of emotional trauma on
individuals and the | 24 | | community; the School Crisis Assistance Team
Steering | 25 | | Committee shall determine the qualifications for | 26 | | volunteers;
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| 1 | | 11. To provide television studio facilities in not to | 2 | | exceed one
school building and to provide programs for | 3 | | educational purposes,
provided, however, that the board | 4 | | shall not construct, acquire, operate,
or maintain a | 5 | | television transmitter; to grant the use of its studio
| 6 | | facilities to a licensed television station located in the | 7 | | school
district; and to maintain and operate not to exceed | 8 | | one school radio
transmitting station and provide programs | 9 | | for educational purposes;
| 10 | | 12. To offer, if deemed appropriate, outdoor education | 11 | | courses,
including field trips within the State of | 12 | | Illinois, or adjacent states,
and to use school educational | 13 | | funds for the expense of the said outdoor
educational | 14 | | programs, whether within the school district or not;
| 15 | | 13. During that period of the calendar year not | 16 | | embraced within the
regular school term, to provide and | 17 | | conduct courses in subject matters
normally embraced in the | 18 | | program of the schools during the regular
school term and | 19 | | to give regular school credit for satisfactory
completion | 20 | | by the student of such courses as may be approved for | 21 | | credit
by the State Board of Education;
| 22 | | 14. To insure against any loss or liability of the | 23 | | board,
the former School Board Nominating Commission, | 24 | | Local School Councils, the
Chicago Schools Academic | 25 | | Accountability Council, or the former Subdistrict
Councils | 26 | | or of any member, officer, agent or employee thereof, |
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| 1 | | resulting
from alleged violations of civil rights arising | 2 | | from incidents occurring on
or after September 5, 1967 or | 3 | | from the wrongful or negligent act or
omission of any such | 4 | | person whether occurring within or without the school
| 5 | | premises, provided the officer, agent or employee was, at | 6 | | the time of the
alleged violation of civil rights or | 7 | | wrongful act or omission, acting
within the scope of his | 8 | | employment or under direction of the board, the
former | 9 | | School
Board Nominating Commission, the Chicago Schools | 10 | | Academic Accountability
Council, Local School Councils, or | 11 | | the former Subdistrict Councils;
and to provide for or | 12 | | participate in insurance plans for its officers and
| 13 | | employees, including but not limited to retirement | 14 | | annuities, medical,
surgical and hospitalization benefits | 15 | | in such types and amounts as may be
determined by the | 16 | | board; provided, however, that the board shall contract
for | 17 | | such insurance only with an insurance company authorized to | 18 | | do business
in this State. Such insurance may include | 19 | | provision for employees who rely
on treatment by prayer or | 20 | | spiritual means alone for healing, in accordance
with the | 21 | | tenets and practice of a recognized religious | 22 | | denomination;
| 23 | | 15. To contract with the corporate authorities of any | 24 | | municipality
or the county board of any county, as the case | 25 | | may be, to provide for
the regulation of traffic in parking | 26 | | areas of property used for school
purposes, in such manner |
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| 1 | | as is provided by Section 11-209 of The
Illinois Vehicle | 2 | | Code, approved September 29, 1969, as amended;
| 3 | | 16. (a) To provide, on an equal basis, access to a high
| 4 | | school campus and student directory information to the
| 5 | | official recruiting representatives of the armed forces of | 6 | | Illinois and
the United States for the purposes of | 7 | | informing students of the educational
and career | 8 | | opportunities available in the military if the board has | 9 | | provided
such access to persons or groups whose purpose is | 10 | | to acquaint students with
educational or occupational | 11 | | opportunities available to them. The board
is not required | 12 | | to give greater notice regarding the right of access to
| 13 | | recruiting representatives than is given to other persons | 14 | | and groups. In
this paragraph 16, "directory information" | 15 | | means a high school
student's name, address, and telephone | 16 | | number.
| 17 | | (b) If a student or his or her parent or guardian | 18 | | submits a signed,
written request to the high school before | 19 | | the end of the student's sophomore
year (or if the student | 20 | | is a transfer student, by another time set by
the high | 21 | | school) that indicates that the student or his or her | 22 | | parent or
guardian does
not want the student's directory | 23 | | information to be provided to official
recruiting | 24 | | representatives under subsection (a) of this Section, the | 25 | | high
school may not provide access to the student's | 26 | | directory information to
these recruiting representatives. |
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| 1 | | The high school shall notify its
students and their parents | 2 | | or guardians of the provisions of this
subsection (b).
| 3 | | (c) A high school may require official recruiting | 4 | | representatives of
the armed forces of Illinois and the | 5 | | United States to pay a fee for copying
and mailing a | 6 | | student's directory information in an amount that is not
| 7 | | more than the actual costs incurred by the high school.
| 8 | | (d) Information received by an official recruiting | 9 | | representative
under this Section may be used only to | 10 | | provide information to students
concerning educational and | 11 | | career opportunities available in the military
and may not | 12 | | be released to a person who is not involved in recruiting
| 13 | | students for the armed forces of Illinois or the United | 14 | | States;
| 15 | | 17. (a) To sell or market any computer program | 16 | | developed by an employee
of the school district, provided | 17 | | that such employee developed the computer
program as a | 18 | | direct result of his or her duties with the school district
| 19 | | or through the utilization of the school district resources | 20 | | or facilities.
The employee who developed the computer | 21 | | program shall be entitled to share
in the proceeds of such | 22 | | sale or marketing of the computer program. The
distribution | 23 | | of such proceeds between the employee and the school | 24 | | district
shall be as agreed upon by the employee and the | 25 | | school district, except
that neither the employee nor the | 26 | | school district may receive more than 90%
of such proceeds. |
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| 1 | | The negotiation for an employee who is represented by an
| 2 | | exclusive bargaining representative may be conducted by | 3 | | such bargaining
representative at the employee's request.
| 4 | | (b) For the purpose of this paragraph 17:
| 5 | | (1) "Computer" means an internally programmed, | 6 | | general purpose digital
device capable of | 7 | | automatically accepting data, processing data and | 8 | | supplying
the results of the operation.
| 9 | | (2) "Computer program" means a series of coded | 10 | | instructions or
statements in a form acceptable to a | 11 | | computer, which causes the computer to
process data in | 12 | | order to achieve a certain result.
| 13 | | (3) "Proceeds" means profits derived from | 14 | | marketing or sale of a product
after deducting the | 15 | | expenses of developing and marketing such product;
| 16 | | 18. To delegate to the general superintendent of
| 17 | | schools, by resolution, the authority to approve contracts | 18 | | and expenditures
in amounts of $10,000 or less;
| 19 | | 19. Upon the written request of an employee, to | 20 | | withhold from
the compensation of that employee any dues, | 21 | | payments or contributions
payable by such employee to any | 22 | | labor organization as defined in the
Illinois Educational | 23 | | Labor Relations Act. Under such arrangement, an
amount | 24 | | shall be withheld from each regular payroll period which is | 25 | | equal to
the pro rata share of the annual dues plus any | 26 | | payments or contributions,
and the board shall transmit |
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| 1 | | such withholdings to the specified labor
organization | 2 | | within 10 working days from the time of the withholding;
| 3 | | 19a. Upon receipt of notice from the comptroller of a | 4 | | municipality with
a population of 500,000 or more, a county | 5 | | with a population of 3,000,000 or
more, the Cook County | 6 | | Forest Preserve District, the Chicago Park District, the
| 7 | | Metropolitan Water Reclamation District, the Chicago | 8 | | Transit Authority, or
a housing authority of a municipality | 9 | | with a population of 500,000 or more
that a debt is due and | 10 | | owing the municipality, the county, the Cook County
Forest | 11 | | Preserve District, the Chicago Park District, the | 12 | | Metropolitan Water
Reclamation District, the Chicago | 13 | | Transit Authority, or the housing authority
by an employee | 14 | | of the Chicago Board of Education, to withhold, from the
| 15 | | compensation of that employee, the amount of the debt that | 16 | | is due and owing
and pay the amount withheld to the | 17 | | municipality, the county, the Cook County
Forest Preserve | 18 | | District, the Chicago Park District, the Metropolitan | 19 | | Water
Reclamation District, the Chicago Transit Authority, | 20 | | or the housing authority;
provided, however, that the | 21 | | amount
deducted from any one salary or wage payment shall | 22 | | not exceed 25% of the net
amount of the payment. Before the | 23 | | Board deducts any amount from any salary or
wage of an | 24 | | employee under this paragraph, the municipality, the | 25 | | county, the
Cook County Forest Preserve District, the | 26 | | Chicago Park District, the
Metropolitan Water Reclamation |
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| 1 | | District, the Chicago Transit Authority, or the
housing | 2 | | authority shall certify that (i) the employee has been | 3 | | afforded an
opportunity for a hearing to dispute the debt | 4 | | that is due and owing the
municipality, the county, the | 5 | | Cook County Forest Preserve District, the Chicago
Park | 6 | | District, the Metropolitan Water Reclamation District, the | 7 | | Chicago Transit
Authority, or the housing authority and | 8 | | (ii) the employee has received notice
of a wage deduction | 9 | | order and has been afforded an opportunity for a hearing to
| 10 | | object to the order. For purposes of this paragraph, "net | 11 | | amount" means that
part of the salary or wage payment | 12 | | remaining after the deduction of any amounts
required by | 13 | | law to be deducted and "debt due and owing" means (i) a | 14 | | specified
sum of money owed to the municipality, the | 15 | | county, the Cook County Forest
Preserve District, the | 16 | | Chicago Park District, the Metropolitan Water
Reclamation | 17 | | District, the Chicago Transit Authority, or the housing | 18 | | authority
for services, work, or goods, after the period | 19 | | granted for payment has expired,
or (ii) a specified sum of | 20 | | money owed to the municipality, the county, the Cook
County | 21 | | Forest Preserve District, the Chicago Park District, the | 22 | | Metropolitan
Water Reclamation District, the Chicago | 23 | | Transit Authority, or the housing
authority pursuant to a | 24 | | court order or order of an administrative hearing
officer | 25 | | after the exhaustion of, or the failure to exhaust, | 26 | | judicial review;
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| 1 | | 20. The board is encouraged to employ a sufficient | 2 | | number of
certified school counselors to maintain a | 3 | | student/counselor ratio of 250 to
1 by July 1, 1990. Each | 4 | | counselor shall spend at least 75% of his work
time in | 5 | | direct contact with students and shall maintain a record of | 6 | | such time;
| 7 | | 21. To make available to students vocational and career
| 8 | | counseling and to establish 5 special career counseling | 9 | | days for students
and parents. On these days | 10 | | representatives of local businesses and
industries shall | 11 | | be invited to the school campus and shall inform students
| 12 | | of career opportunities available to them in the various | 13 | | businesses and
industries. Special consideration shall be | 14 | | given to counseling minority
students as to career | 15 | | opportunities available to them in various fields.
For the | 16 | | purposes of this paragraph, minority student means a person | 17 | | who is any of the following:
| 18 | | (a) Native American American Indian or Alaska Native (a | 19 | | person having origins in any of the original peoples of | 20 | | North and South America, including Central America, and who | 21 | | maintains tribal affiliation or community attachment). | 22 | | (b) 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, | 25 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 26 | | the Philippine Islands, Thailand, and Vietnam). |
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| 1 | | (c) Black or African American (a person having origins | 2 | | in any of the black racial groups of Africa). Terms such as | 3 | | "Haitian" or "Negro" can be used in addition to "Black or | 4 | | African American". | 5 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 6 | | Puerto Rican, South or Central American, or other Spanish | 7 | | culture or origin, regardless of race). | 8 | | (e) Native Hawaiian or Other Pacific Islander (a person | 9 | | having origins in any of the original peoples of Hawaii, | 10 | | Guam, Samoa, or other Pacific Islands).
| 11 | | Counseling days shall not be in lieu of regular school | 12 | | days;
| 13 | | 22. To report to the State Board of Education the | 14 | | annual
student dropout rate and number of students who | 15 | | graduate from, transfer
from or otherwise leave bilingual | 16 | | programs;
| 17 | | 23. Except as otherwise provided in the Abused and | 18 | | Neglected Child
Reporting Act or other applicable State or | 19 | | federal law, to permit school
officials to withhold, from | 20 | | any person, information on the whereabouts of
any child | 21 | | removed from school premises when the child has been taken | 22 | | into
protective custody as a victim of suspected child | 23 | | abuse. School officials
shall direct such person to the | 24 | | Department of Children and Family Services,
or to the local | 25 | | law enforcement agency if appropriate;
| 26 | | 24. To develop a policy, based on the current state of |
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| 1 | | existing school
facilities, projected enrollment and | 2 | | efficient utilization of available
resources, for capital | 3 | | improvement of schools and school buildings within
the | 4 | | district, addressing in that policy both the relative | 5 | | priority for
major repairs, renovations and additions to | 6 | | school facilities, and the
advisability or necessity of | 7 | | building new school facilities or closing
existing schools | 8 | | to meet current or projected demographic patterns within
| 9 | | the district;
| 10 | | 25. To make available to the students in every high | 11 | | school attendance
center the ability to take all courses | 12 | | necessary to comply with the Board
of Higher Education's | 13 | | college entrance criteria effective in 1993;
| 14 | | 26. To encourage mid-career changes into the teaching | 15 | | profession,
whereby qualified professionals become | 16 | | certified teachers, by allowing
credit for professional | 17 | | employment in related fields when determining point
of | 18 | | entry on teacher pay scale;
| 19 | | 27. To provide or contract out training programs for | 20 | | administrative
personnel and principals with revised or | 21 | | expanded duties pursuant to this
Act in order to assure | 22 | | they have the knowledge and skills to perform
their duties;
| 23 | | 28. To establish a fund for the prioritized special | 24 | | needs programs, and
to allocate such funds and other lump | 25 | | sum amounts to each attendance center
in a manner | 26 | | consistent with the provisions of part 4 of Section 34-2.3.
|
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| 1 | | Nothing in this paragraph shall be construed to require any | 2 | | additional
appropriations of State funds for this purpose;
| 3 | | 29. (Blank);
| 4 | | 30. Notwithstanding any other provision of this Act or | 5 | | any other law to
the contrary, to contract with third | 6 | | parties for services otherwise performed
by employees, | 7 | | including those in a bargaining unit, and to layoff those
| 8 | | employees upon 14 days written notice to the affected | 9 | | employees. Those
contracts may be for a period not to | 10 | | exceed 5 years and may be awarded on a
system-wide basis. | 11 | | The board may not operate more than 30 contract schools, | 12 | | provided that the board may operate an additional 5 | 13 | | contract turnaround schools pursuant to item (5.5) of | 14 | | subsection (d) of Section 34-8.3 of this Code;
| 15 | | 31. To promulgate rules establishing procedures | 16 | | governing the layoff or
reduction in force of employees and | 17 | | the recall of such employees, including,
but not limited | 18 | | to, criteria for such layoffs, reductions in force or | 19 | | recall
rights of such employees and the weight to be given | 20 | | to any particular
criterion. Such criteria shall take into | 21 | | account factors including, but not be
limited to, | 22 | | qualifications, certifications, experience, performance | 23 | | ratings or
evaluations, and any other factors relating to | 24 | | an employee's job performance;
| 25 | | 32. To develop a policy to prevent nepotism in the | 26 | | hiring of personnel
or the selection of contractors;
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| 1 | | 33. To enter into a partnership agreement, as required | 2 | | by
Section 34-3.5 of this Code, and, notwithstanding any | 3 | | other
provision of law to the contrary, to promulgate | 4 | | policies, enter into
contracts, and take any other action | 5 | | necessary to accomplish the
objectives and implement the | 6 | | requirements of that agreement; and
| 7 | | 34. To establish a Labor Management Council to the | 8 | | board
comprised of representatives of the board, the chief | 9 | | executive
officer, and those labor organizations that are | 10 | | the exclusive
representatives of employees of the board and | 11 | | to promulgate
policies and procedures for the operation of | 12 | | the Council.
| 13 | | The specifications of the powers herein granted are not to | 14 | | be
construed as exclusive but the board shall also exercise all | 15 | | other
powers that they may be requisite or proper for the | 16 | | maintenance and the
development of a public school system, not | 17 | | inconsistent with the other
provisions of this Article or | 18 | | provisions of this Code which apply to all
school districts.
| 19 | | In addition to the powers herein granted and authorized to | 20 | | be exercised
by the board, it shall be the duty of the board to | 21 | | review or to direct
independent reviews of special education | 22 | | expenditures and services.
The board shall file a report of | 23 | | such review with the General Assembly on
or before May 1, 1990.
| 24 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 25 | | Section 55. The Board of Higher Education Act is amended by |
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| 1 | | changing Section 9.16 as follows:
| 2 | | (110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
| 3 | | Sec. 9.16. Underrepresentation of certain groups in higher | 4 | | education.
To require public institutions of higher education | 5 | | to develop and implement
methods and strategies to increase the | 6 | | participation of minorities, women
and individuals with | 7 | | disabilities who are traditionally underrepresented in
| 8 | | education programs and activities. For the purpose of this | 9 | | Section,
minorities shall mean persons who are citizens of the | 10 | | United States or
lawful permanent resident aliens of the United | 11 | | States and who are any of the following: | 12 | | (1) Native American American Indian or Alaska Native (a | 13 | | person having origins in any of the original peoples of | 14 | | North and South America, including Central America, and who | 15 | | maintains tribal affiliation or community attachment). | 16 | | (2) Asian (a person having origins in any of the | 17 | | original peoples of the Far East, Southeast Asia, or the | 18 | | Indian subcontinent, including, but not limited to, | 19 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 20 | | the Philippine Islands, Thailand, and Vietnam). | 21 | | (3) Black or African American (a person having origins | 22 | | in any of the black racial groups of Africa). Terms such as | 23 | | "Haitian" or "Negro" can be used in addition to "Black or | 24 | | African American". | 25 | | (4) Hispanic or Latino (a person of Cuban, Mexican, |
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| 1 | | Puerto Rican, South or Central American, or other Spanish | 2 | | culture or origin, regardless of race). | 3 | | (5) Native Hawaiian or Other Pacific Islander (a person | 4 | | having origins in any of the original peoples of Hawaii, | 5 | | Guam, Samoa, or other Pacific Islands).
| 6 | | The Board shall adopt any rules necessary to administer | 7 | | this Section.
The Board shall also do the following:
| 8 | | (a) require all public institutions of higher education to | 9 | | develop and
submit plans for the implementation of this | 10 | | Section;
| 11 | | (b) conduct periodic review of public institutions of | 12 | | higher education to
determine compliance with this Section; and | 13 | | if the Board finds that a public
institution of higher | 14 | | education is not in compliance with this Section,
it shall | 15 | | notify the institution of steps to take to attain compliance;
| 16 | | (c) provide advice and counsel pursuant to this Section;
| 17 | | (d) conduct studies of the effectiveness of methods and | 18 | | strategies
designed to increase participation of students in | 19 | | education programs and
activities in which minorities, women | 20 | | and individuals with disabilities are
traditionally | 21 | | underrepresented, and monitor the success of students in such
| 22 | | education programs and activities;
| 23 | | (e) encourage minority student recruitment and retention | 24 | | in colleges
and universities. In implementing this paragraph, | 25 | | the Board shall undertake
but need not be limited to the | 26 | | following: the establishment of guidelines
and plans for public |
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| 1 | | institutions of higher education for minority student
| 2 | | recruitment and retention, the review and monitoring of | 3 | | minority student
programs implemented at public institutions | 4 | | of higher education to
determine their compliance with any | 5 | | guidelines and plans so established,
the determination of the | 6 | | effectiveness and funding requirements of minority
student | 7 | | programs at public institutions of higher education, the
| 8 | | dissemination of successful programs as models, and the | 9 | | encouragement of
cooperative partnerships between community | 10 | | colleges and local school
attendance centers which are | 11 | | experiencing difficulties in enrolling
minority students in | 12 | | four-year colleges and universities;
| 13 | | (f) mandate all public institutions of higher education to | 14 | | submit data
and information essential to determine compliance | 15 | | with this Section. The
Board shall prescribe the format and the | 16 | | date for submission of this data
and any other education equity | 17 | | data; and
| 18 | | (g) report to the General Assembly and the Governor | 19 | | annually with a
description of the plans submitted by each | 20 | | public institution of higher
education for implementation of | 21 | | this Section, including financial data
relating to the most | 22 | | recent fiscal year expenditures for specific minority
| 23 | | programs, the effectiveness of such
plans and programs and the | 24 | | effectiveness of the methods and strategies developed by the
| 25 | | Board in meeting the purposes of this Section, the degree of | 26 | | compliance
with this Section by each public institution of |
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| 1 | | higher education as
determined by the Board pursuant to its | 2 | | periodic review responsibilities,
and the findings made by the | 3 | | Board in conducting its studies and monitoring
student success | 4 | | as required by paragraph d) of this Section. With
respect to | 5 | | each public institution of higher education such report also | 6 | | shall
include, but need not be limited to, information with | 7 | | respect to each
institution's minority program budget | 8 | | allocations; minority student
admission, retention and | 9 | | graduation statistics; admission, retention, and graduation | 10 | | statistics of all students who are the first in their immediate | 11 | | family to attend an institution of higher education; number of | 12 | | financial
assistance awards to undergraduate and graduate | 13 | | minority students; and
minority faculty representation. This | 14 | | paragraph shall not be construed to
prohibit the Board from | 15 | | making, preparing or issuing additional surveys or
studies with | 16 | | respect to minority education in Illinois.
| 17 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 18 | | Section 60. The Dental Student Grant Act is amended by | 19 | | changing Section 3.07 as follows:
| 20 | | (110 ILCS 925/3.07) (from Ch. 144, par. 1503.07)
| 21 | | Sec. 3.07. "Racial minority" means a person who is any of | 22 | | the following:
| 23 | | (1) Native American American Indian or Alaska Native (a | 24 | | person having origins in any of the original peoples of |
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| 1 | | North and South America, including Central America, and who | 2 | | maintains 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 | | (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 | | (Source: P.A. 97-396, eff. 1-1-12.)
| 19 | | Section 65. The Diversifying Higher Education Faculty in | 20 | | Illinois Act is amended by changing Section 2 as follows:
| 21 | | (110 ILCS 930/2) (from Ch. 144, par. 2302)
| 22 | | Sec. 2. Definitions. As used in this Act, unless the | 23 | | context otherwise requires:
| 24 | | "Board" means the Board of Higher Education.
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| 1 | | "DFI" means the Diversifying Higher Education Faculty in | 2 | | Illinois Program of financial assistance to minorities who are | 3 | | traditionally
underrepresented as participants in | 4 | | postsecondary education. The program
shall assist them in | 5 | | pursuing a graduate or professional degree and shall also | 6 | | assist program graduates to find employment at an Illinois | 7 | | institution of higher education, including a community | 8 | | college, in a faculty or staff position.
| 9 | | "Program Board" means the entity created to administer the | 10 | | grant program authorized by this Act.
| 11 | | "Qualified institution of higher education" means a | 12 | | qualifying publicly or privately
operated educational | 13 | | institution located within Illinois (i) that
offers | 14 | | instruction leading toward or prerequisite to an academic or
| 15 | | professional degree beyond the baccalaureate degree, excluding | 16 | | theological
schools, and (ii) that is authorized to operate in | 17 | | the State of Illinois.
| 18 | | "Racial minority" means a person who is a citizen of the | 19 | | United
States or a lawful permanent resident alien of the | 20 | | United States and who is any of the following:
| 21 | | (1) Native American American Indian or Alaska Native (a | 22 | | person having origins in any of the original peoples of | 23 | | North and South America, including Central America, and who | 24 | | maintains tribal affiliation or community attachment). | 25 | | (2) Asian (a person having origins in any of the | 26 | | 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 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 9 | | Puerto Rican, South or Central American, or other Spanish | 10 | | culture or origin, regardless of race). | 11 | | (5) Native Hawaiian or Other Pacific Islander (a person | 12 | | having origins in any of the original peoples of Hawaii, | 13 | | Guam, Samoa, or other Pacific Islands).
| 14 | | (Source: P.A. 97-396, eff. 1-1-12.)
| 15 | | Section 70. The Higher Education Student Assistance Act is | 16 | | amended by changing Sections 50 and 65.30 as follows: | 17 | | (110 ILCS 947/50)
| 18 | | Sec. 50. Minority Teachers of Illinois scholarship | 19 | | program.
| 20 | | (a) As used in this Section:
| 21 | | "Eligible applicant" means a minority student who has | 22 | | graduated
from high school or has received a high school | 23 | | equivalency certificate
and has
maintained a cumulative | 24 | | grade point average of
no
less than 2.5 on a 4.0 scale, and |
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| 1 | | who by reason thereof is entitled to
apply for scholarships | 2 | | to be awarded under this Section.
| 3 | | "Minority student" means a student who is any of the | 4 | | following: | 5 | | (1) Native American American Indian or Alaska | 6 | | Native (a person having origins in any of the original | 7 | | peoples of North and South America, including Central | 8 | | America, and who maintains tribal affiliation or | 9 | | community attachment). | 10 | | (2) Asian (a person having origins in any of the | 11 | | original peoples of the Far East, Southeast Asia, or | 12 | | the Indian subcontinent, including, but not limited | 13 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 14 | | Pakistan, the Philippine Islands, Thailand, and | 15 | | Vietnam). | 16 | | (3) Black or African American (a person having | 17 | | origins in any of the black racial groups of Africa). | 18 | | Terms such as "Haitian" or "Negro" can be used in | 19 | | addition to "Black or African American". | 20 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 21 | | Puerto Rican, South or Central American, or other | 22 | | Spanish culture or origin, regardless of race). | 23 | | (5) Native Hawaiian or Other Pacific Islander (a | 24 | | person having origins in any of the original peoples of | 25 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 26 | | "Qualified student" means a person (i) who is a |
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| 1 | | resident of this State
and a citizen or permanent resident | 2 | | of the United States; (ii) who is a
minority student, as | 3 | | defined in this Section; (iii) who, as an eligible
| 4 | | applicant, has made a timely application for a minority | 5 | | teaching
scholarship under this Section; (iv) who is | 6 | | enrolled on at least a
half-time basis at a
qualified | 7 | | Illinois institution of
higher learning; (v) who is | 8 | | enrolled in a course of study leading to
teacher | 9 | | certification, including alternative teacher | 10 | | certification; (vi)
who maintains a grade point average of | 11 | | no
less than 2.5 on a 4.0 scale;
and (vii) who continues to | 12 | | advance satisfactorily toward the attainment
of a degree.
| 13 | | (b) In order to encourage academically talented Illinois | 14 | | minority
students to pursue teaching careers at the preschool | 15 | | or elementary or
secondary
school
level, each qualified student | 16 | | shall be awarded a minority teacher
scholarship to any | 17 | | qualified Illinois institution of higher learning.
However, | 18 | | preference may be given to qualified applicants enrolled at or | 19 | | above
the
junior level.
| 20 | | (c) Each minority teacher scholarship awarded under this | 21 | | Section shall
be in an amount sufficient to pay the tuition and | 22 | | fees and room and board
costs of the qualified Illinois | 23 | | institution of higher learning at which the
recipient is | 24 | | enrolled, up to an annual maximum of $5,000;
except that
in
the | 25 | | case of a recipient who does not reside on-campus at the | 26 | | institution at
which he or she is enrolled, the amount of the |
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| 1 | | scholarship shall be
sufficient to pay tuition and fee expenses | 2 | | and a commuter allowance, up to
an annual maximum of $5,000.
| 3 | | (d) The total amount of minority teacher scholarship | 4 | | assistance awarded by
the Commission under this Section to an | 5 | | individual in any given fiscal
year, when added to other | 6 | | financial assistance awarded to that individual
for that year, | 7 | | shall not exceed the cost of attendance at the institution
at | 8 | | which the student is enrolled. If the amount of minority | 9 | | teacher
scholarship to be awarded to a qualified student as | 10 | | provided in
subsection (c) of this Section exceeds the cost of | 11 | | attendance at the
institution at which the student is enrolled, | 12 | | the minority teacher
scholarship shall be reduced by an amount | 13 | | equal to the amount by which the
combined financial assistance | 14 | | available to the student exceeds the cost
of attendance.
| 15 | | (e) The maximum number of academic terms for which a | 16 | | qualified
student
can receive minority teacher scholarship | 17 | | assistance shall be 8 semesters or
12 quarters.
| 18 | | (f) In any academic year for which an eligible applicant | 19 | | under this
Section accepts financial assistance through the | 20 | | Paul Douglas Teacher
Scholarship Program, as authorized by | 21 | | Section 551 et seq. of the Higher
Education Act of 1965, the | 22 | | applicant shall not be eligible for scholarship
assistance | 23 | | awarded under this Section.
| 24 | | (g) All applications for minority teacher scholarships to | 25 | | be awarded
under this Section shall be made to the Commission | 26 | | on forms which the
Commission shall provide for eligible |
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| 1 | | applicants. The form of applications
and the information | 2 | | required to be set forth therein shall be determined by
the | 3 | | Commission, and the Commission shall require eligible | 4 | | applicants to
submit with their applications such supporting | 5 | | documents or recommendations
as the Commission deems | 6 | | necessary.
| 7 | | (h) Subject to a separate appropriation for such purposes, | 8 | | payment of
any minority teacher scholarship awarded under this | 9 | | Section shall be
determined by the Commission. All scholarship | 10 | | funds distributed in
accordance with this subsection shall be | 11 | | paid to the institution and used
only for payment of the | 12 | | tuition and fee and room and board expenses
incurred by the | 13 | | student in connection with his or her attendance as an
| 14 | | undergraduate student at a qualified Illinois institution of | 15 | | higher
learning. Any minority teacher scholarship awarded | 16 | | under this Section
shall be applicable to 2 semesters or 3 | 17 | | quarters of enrollment. If a
qualified student withdraws from | 18 | | enrollment prior to completion of the
first semester or quarter | 19 | | for which the minority teacher scholarship is
applicable, the | 20 | | school shall refund to the Commission the full amount of the
| 21 | | minority teacher scholarship.
| 22 | | (i) The Commission shall administer the minority teacher | 23 | | scholarship aid
program established by this Section and shall | 24 | | make all necessary and proper
rules not inconsistent with this | 25 | | Section for its effective implementation.
| 26 | | (j) When an appropriation to the Commission for a given |
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| 1 | | fiscal year is
insufficient to provide scholarships to all | 2 | | qualified students, the
Commission shall allocate the | 3 | | appropriation in accordance with this
subsection. If funds are | 4 | | insufficient to provide all qualified students
with a | 5 | | scholarship as authorized by this Section, the Commission shall
| 6 | | allocate the available scholarship funds for that fiscal year | 7 | | on the basis
of the date the Commission receives a complete | 8 | | application form.
| 9 | | (k) Notwithstanding the provisions of subsection (j) or any | 10 | | other
provision of this Section, at least 30% of the funds | 11 | | appropriated for
scholarships awarded under this Section in | 12 | | each fiscal year shall be reserved
for qualified male minority | 13 | | applicants.
If the Commission does not receive enough | 14 | | applications from qualified male
minorities on or before
| 15 | | January 1 of each fiscal year to award 30% of the funds | 16 | | appropriated for these
scholarships to qualified
male minority | 17 | | applicants, then the Commission may award a portion of the
| 18 | | reserved funds to qualified
female minority applicants.
| 19 | | (l) Prior to receiving scholarship assistance for any | 20 | | academic year,
each recipient of a minority teacher scholarship | 21 | | awarded under this Section
shall be required by the Commission | 22 | | to sign an agreement under which the
recipient pledges that, | 23 | | within the one-year period following the
termination
of the | 24 | | program for which the recipient was awarded a minority
teacher | 25 | | scholarship, the recipient (i) shall begin teaching for a
| 26 | | period of not less
than one year for each year of scholarship |
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| 1 | | assistance he or she was awarded
under this Section; and (ii) | 2 | | shall fulfill this teaching obligation at a
nonprofit Illinois | 3 | | public, private, or parochial preschool, elementary school,
or | 4 | | secondary school at which no less than 30% of the enrolled | 5 | | students are
minority students in the year during which the | 6 | | recipient begins teaching at the
school; and (iii) shall, upon | 7 | | request by the Commission, provide the Commission
with evidence | 8 | | that he or she is fulfilling or has fulfilled the terms of the
| 9 | | teaching agreement provided for in this subsection.
| 10 | | (m) If a recipient of a minority teacher scholarship | 11 | | awarded under this
Section fails to fulfill the teaching | 12 | | obligation set forth in subsection
(l) of this Section, the | 13 | | Commission shall require the recipient to repay
the amount of | 14 | | the scholarships received, prorated according to the fraction
| 15 | | of the teaching obligation not completed, at a rate of interest | 16 | | equal to
5%, and, if applicable, reasonable collection fees.
| 17 | | The Commission is authorized to establish rules relating to its | 18 | | collection
activities for repayment of scholarships under this | 19 | | Section. All repayments
collected under this Section shall be | 20 | | forwarded to the State Comptroller for
deposit into the State's | 21 | | General Revenue Fund.
| 22 | | (n) A recipient of minority teacher scholarship shall not | 23 | | be considered
in violation of the agreement entered into | 24 | | pursuant to subsection (l) if
the recipient (i) enrolls on a | 25 | | full time basis as a graduate student in a
course of study | 26 | | related to the field of teaching at a qualified Illinois
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| 1 | | institution of higher learning; (ii) is serving, not in excess | 2 | | of 3 years,
as a member of the armed services of the United | 3 | | States; (iii) is
a person with a temporary total disability for | 4 | | a period of time not to exceed 3 years as
established by sworn | 5 | | affidavit of a qualified physician; (iv) is seeking
and unable | 6 | | to find full time employment as a teacher at an Illinois | 7 | | public,
private, or parochial preschool or elementary or | 8 | | secondary school that
satisfies the
criteria set forth in | 9 | | subsection (l) of this Section and is able to provide
evidence | 10 | | of that fact; (v) becomes a person with a permanent total | 11 | | disability as
established by sworn affidavit of a qualified | 12 | | physician; (vi) is taking additional courses, on at least a | 13 | | half-time basis, needed to obtain certification as a teacher in | 14 | | Illinois; or (vii) is fulfilling teaching requirements | 15 | | associated with other programs administered by the Commission | 16 | | and cannot concurrently fulfill them under this Section in a | 17 | | period of time equal to the length of the teaching obligation.
| 18 | | (o) Scholarship recipients under this Section who withdraw | 19 | | from
a program of teacher education but remain enrolled in | 20 | | school
to continue their postsecondary studies in another | 21 | | academic discipline shall
not be required to commence repayment | 22 | | of their Minority Teachers of Illinois
scholarship so long as | 23 | | they remain enrolled in school on a full-time basis or
if they | 24 | | can document for the Commission special circumstances that | 25 | | warrant
extension of repayment.
| 26 | | (Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
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| 1 | | (110 ILCS 947/65.30)
| 2 | | Sec. 65.30. Equal opportunity scholarships.
| 3 | | (a) The Commission
may annually award a number of | 4 | | scholarships to students who are
interested in pursuing studies | 5 | | in educational administration. Such
scholarships shall be | 6 | | issued to students who make application to the
Commission and | 7 | | who agree to take courses at qualified
institutions of higher | 8 | | learning that will allow them to complete a degree
in | 9 | | educational administration.
| 10 | | (b) Scholarships awarded under this Section shall be issued | 11 | | pursuant to
regulations promulgated by the Commission;
| 12 | | provided that no rule or regulation promulgated by the State | 13 | | Board of
Education prior to the effective date of this | 14 | | amendatory Act of 1993 pursuant
to the exercise of any right, | 15 | | power, duty, responsibility or matter of pending
business | 16 | | transferred from the State Board of Education to the Commission | 17 | | under
this Section shall be affected thereby, and all such | 18 | | rules and regulations
shall become the rules and regulations of | 19 | | the Commission until modified or
changed by the Commission in | 20 | | accordance with law.
| 21 | | (c) Such scholarships shall be utilized for the payment of
| 22 | | tuition and non-revenue bond fees at any qualified institution | 23 | | of higher
learning. Such tuition and fees shall only be | 24 | | available for courses that
will enable the student to complete | 25 | | training in educational
administration. The Commission shall |
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| 1 | | determine which courses
are eligible for tuition payments under | 2 | | this Section.
| 3 | | (d) The Commission may make tuition payments directly to
| 4 | | the qualified institution of higher learning which the student | 5 | | attends for
the courses prescribed or may make payments to the | 6 | | student. Any student
who receives payments and who fails to | 7 | | enroll in the courses prescribed
shall refund the payments to | 8 | | the Commission.
| 9 | | (e) The Commission, with the cooperation of the State Board | 10 | | of Education,
shall assist students who have
participated in | 11 | | the scholarship program established by this Section in
finding | 12 | | employment in positions relating to educational | 13 | | administration.
| 14 | | (f) Appropriations for the scholarships outlined in this | 15 | | Section shall be
made to the Commission from funds appropriated | 16 | | by the General Assembly.
| 17 | | (g) This Section is substantially the same as Section 30-4d | 18 | | of the School
Code,
which Section is repealed by this | 19 | | amendatory Act of 1993, and shall be
construed as a | 20 | | continuation of the equal opportunity scholarship program
| 21 | | established under that prior law, and not as a new or different | 22 | | equal
opportunity scholarship program. The State Board of | 23 | | Education shall transfer
to the Commission, as the
successor to | 24 | | the State Board of Education for all purposes of administering
| 25 | | and implementing the provisions of this Section, all books, | 26 | | accounts, records,
papers, documents, contracts, agreements, |
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| 1 | | and pending business in any way
relating to the equal | 2 | | opportunity scholarship program continued under this
Section;
| 3 | | and all scholarships at any time awarded under that program
by, | 4 | | and all applications for any such scholarship
at any
time made | 5 | | to, the State Board of Education shall be unaffected by the | 6 | | transfer
to the Commission of all responsibility for the | 7 | | administration and
implementation of the equal opportunity | 8 | | scholarship
program continued under this
Section. The State | 9 | | Board of Education shall furnish to the Commission such
other | 10 | | information as the Commission may request to assist it in | 11 | | administering
this Section.
| 12 | | (h) For purposes of this Section:
| 13 | | (1) "Qualified institution of higher learning" means | 14 | | the University of
Illinois; Southern Illinois University; | 15 | | Chicago State University; Eastern
Illinois University; | 16 | | Governors State University; Illinois State University;
| 17 | | Northeastern Illinois University; Northern Illinois | 18 | | University; Western
Illinois University; the public | 19 | | community colleges of the State; any
other public | 20 | | universities, colleges and community colleges now or | 21 | | hereafter
established or authorized by the General | 22 | | Assembly; and any Illinois privately
operated, not for | 23 | | profit institution located in this State which provides
at | 24 | | least an organized 2-year program of collegiate grade in | 25 | | liberal arts
or sciences, or both, directly applicable | 26 | | toward the attainment of a
baccalaureate or graduate |
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| 1 | | degree.
| 2 | | (2) "Racial minority" means a person who is any of the | 3 | | following:
| 4 | | (1) Native American American Indian or Alaska | 5 | | Native (a person having origins in any of the original | 6 | | peoples of North and South America, including Central | 7 | | America, and who maintains tribal affiliation or | 8 | | community attachment). | 9 | | (2) Asian (a person having origins in any of the | 10 | | original peoples of the Far East, Southeast Asia, or | 11 | | the Indian subcontinent, including, but not limited | 12 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 13 | | Pakistan, the Philippine Islands, Thailand, and | 14 | | Vietnam). | 15 | | (3) Black or African American (a person having | 16 | | origins in any of the black racial groups of Africa). | 17 | | Terms such as "Haitian" or "Negro" can be used in | 18 | | addition to "Black or African American". | 19 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 20 | | Puerto Rican, South or Central American, or other | 21 | | Spanish culture or origin, regardless of race). | 22 | | (5) Native Hawaiian or Other Pacific Islander (a | 23 | | person having origins in any of the original peoples of | 24 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 25 | | (3) "Student" means a woman or racial minority.
| 26 | | (Source: P.A. 97-396, eff. 1-1-12.)
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| 1 | | Section 75. The Illinois Insurance Code is amended by | 2 | | changing Section 500-50 as follows:
| 3 | | (215 ILCS 5/500-50)
| 4 | | (Section scheduled to be repealed on January 1, 2017)
| 5 | | Sec. 500-50. Insurance producers; examination statistics.
| 6 | | (a) The use of examinations for the purpose of determining | 7 | | qualifications of
persons
to be licensed as insurance producers | 8 | | has a direct and far-reaching effect on
persons seeking
those | 9 | | licenses, on insurance companies, and on the public. It is in | 10 | | the public
interest and it will
further the public welfare to | 11 | | insure that examinations for licensing do not
have the effect | 12 | | of
unlawfully discriminating against applicants for licensing | 13 | | as insurance
producers on the basis of
race, color, national | 14 | | origin, or sex.
| 15 | | (b) As used in this Section, the following words have the | 16 | | meanings given in
this
subsection.
| 17 | | Examination. "Examination" means the examination in each | 18 | | line of insurance
administered pursuant to Section 500-30.
| 19 | | Examinee. "Examinee" means a person who takes an | 20 | | examination.
| 21 | | Part. "Part" means a portion of an examination for which a | 22 | | score is
calculated.
| 23 | | Operational item. "Operational item" means a test question | 24 | | considered in
determining an
examinee's score.
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| 1 | | Test form. "Test form" means the test booklet or instrument | 2 | | used for a part
of
an
examination.
| 3 | | Pretest item. "Pretest item" means a prospective test | 4 | | question that is
included
in a test
form in order to assess its | 5 | | performance, but is not considered in determining
an examinee's | 6 | | score.
| 7 | | Minority group or examinees. "Minority group" or "minority | 8 | | examinees" means
examinees who are Native American American | 9 | | Indian or Alaska Native, Asian, Black or African American, | 10 | | Hispanic or Latino, or Native Hawaiian or Other Pacific | 11 | | Islander.
| 12 | | Correct-answer rate. "Correct-answer rate" for an item | 13 | | means the number of
examinees
who provided the correct answer | 14 | | on an item divided by the number of examinees
who answered
the | 15 | | item.
| 16 | | Correlation. "Correlation" means a statistical measure of | 17 | | the relationship
between
performance on an item and performance | 18 | | on a part of the examination.
| 19 | | (c) The Director shall ask each examinee to self-report on | 20 | | a voluntary basis
on the
answer sheet, application form, or by | 21 | | other appropriate means, the following
information:
| 22 | | (1) race or ethnicity ( Native American American Indian | 23 | | or Alaska Native, Asian, Black or African American, | 24 | | Hispanic or Latino, Native Hawaiian or Other Pacific | 25 | | Islander, or White);
| 26 | | (2) education (8th grade or less; less than 12th grade; |
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| 1 | | high school
diploma or high school equivalency | 2 | | certificate; some college, but no 4-year degree; or 4-year | 3 | | degree or more); and
| 4 | | (3) gender (male or female).
| 5 | | The Director must advise all examinees that they are not | 6 | | required to provide
this
information, that they will not be | 7 | | penalized for not doing so, and that the
Director will use the
| 8 | | information provided exclusively for research and statistical | 9 | | purposes and to
improve the quality
and fairness of the | 10 | | examinations.
| 11 | | (d) No later than May 1 of each year, the Director must | 12 | | prepare, publicly
announce,
and publish an Examination Report | 13 | | of summary statistical information relating
to each
| 14 | | examination administered during the preceding calendar year. | 15 | | Each Examination
Report shall
show with respect to each | 16 | | examination:
| 17 | | (1) For all examinees combined and separately by race | 18 | | or ethnicity, by
educational level, by gender, by | 19 | | educational level within race or ethnicity, by
education
| 20 | | level within gender, and by race or ethnicity within | 21 | | gender:
| 22 | | (A) number of examinees;
| 23 | | (B) percentage and number of examinees who passed | 24 | | each part;
| 25 | | (C) percentage and number of examinees who passed | 26 | | all parts;
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| 1 | | (D) mean scaled scores on each part; and
| 2 | | (E) standard deviation of scaled scores on each | 3 | | part.
| 4 | | (2) For male examinees, female examinees, Black or | 5 | | African American examinees,
white examinees, Native | 6 | | American American Indian or Alaska Native examinees, Asian | 7 | | examinees, Hispanic or Latino
examinees, and Native | 8 | | Hawaiian or Other Pacific Islander, respectively, with a | 9 | | high school diploma or high school equivalency | 10 | | certificate, the distribution
of scaled
scores on each | 11 | | part.
| 12 | | No later than May 1 of each year, the Director must prepare | 13 | | and make
available on
request an Item Report of summary | 14 | | statistical information relating to each
operational item on
| 15 | | each test form administered during the preceding calendar year. | 16 | | The Item Report
shall show, for
each operational item, for all | 17 | | examinees combined and separately for Black or African
American
| 18 | | examinees, white examinees, Native American American Indian or | 19 | | Alaska Native examinees, Asian examinees,
Hispanic or Latino | 20 | | examinees, and Native Hawaiian or Other Pacific Islander, the | 21 | | correct-answer rates and correlations.
| 22 | | The Director is not required to report separate statistical | 23 | | information
for any group or
subgroup comprising fewer than 50 | 24 | | examinees.
| 25 | | (e) The Director must obtain a regular analysis of the data | 26 | | collected under
this
Section, and any other relevant |
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| 1 | | information, for purposes of the development of
new test forms.
| 2 | | The analysis shall continue the implementation of the item | 3 | | selection
methodology as
recommended in the Final Report of the | 4 | | Illinois Insurance Producer's Licensing
Examination
Advisory | 5 | | Committee dated November 19, 1991, and filed with the | 6 | | Department
unless some other
methodology is determined by the | 7 | | Director to be as effective in minimizing
differences between
| 8 | | white and minority examinee pass-fail rates.
| 9 | | (f) The Director has the discretion to set cutoff scores | 10 | | for the
examinations, provided
that scaled scores on test forms | 11 | | administered after July 1, 1993, shall be made
comparable to
| 12 | | scaled scores on test forms administered in 1991 by use of | 13 | | professionally
acceptable methods so
as to minimize changes in | 14 | | passing rates related to the presence or absence of
or changes | 15 | | in
equating or scaling equations or methods or content | 16 | | outlines. Each calendar
year, the scaled
cutoff score for each | 17 | | part of each examination shall fluctuate by no more than
the | 18 | | standard error
of measurement from the scaled cutoff score | 19 | | employed during the preceding year.
| 20 | | (g) No later than May 1, 2003 and no later than May 1 of | 21 | | every fourth year
thereafter,
the Director must release to the | 22 | | public and make generally available one
representative test | 23 | | form
and set of answer keys for each part of each examination.
| 24 | | (h) The Director must maintain, for a period of 3 years | 25 | | after they are
prepared or
used, all registration forms, test | 26 | | forms, answer sheets, operational items and
pretest items, item
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| 1 | | analyses, and other statistical analyses relating to the | 2 | | examinations. All
personal identifying
information regarding | 3 | | examinees and the content of test items must be
maintained | 4 | | confidentially
as necessary for purposes of protecting the | 5 | | personal privacy of examinees and
the maintenance of
test | 6 | | security.
| 7 | | (i) In administering the examinations, the Director must | 8 | | make such
accommodations
for examinees with disabilities as are | 9 | | reasonably warranted by the particular disability
involved,
| 10 | | including the provision of additional time if necessary to | 11 | | complete an
examination or special
assistance in taking an | 12 | | examination. | 13 | | (j) For the purposes of this Section:
| 14 | | (1) " Native American American Indian or Alaska Native" | 15 | | means a person having origins in any of the original | 16 | | peoples of North and South America, including Central | 17 | | America, and who maintains tribal affiliation or community | 18 | | attachment. | 19 | | (2) "Asian" means 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" means a person having | 25 | | origins in any of the black racial groups of Africa. Terms | 26 | | such as "Haitian" or "Negro" can be used in addition to |
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| 1 | | "Black or African American". | 2 | | (4) "Hispanic or Latino" means a person of Cuban, | 3 | | Mexican, Puerto Rican, South or Central American, or other | 4 | | Spanish culture or origin, regardless of race. | 5 | | (5) "Native Hawaiian or Other Pacific Islander" means a | 6 | | person having origins in any of the original peoples of | 7 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 8 | | (6) "White" means a person having origins in any of the | 9 | | original peoples of Europe, the Middle East, or North | 10 | | Africa. | 11 | | (Source: P.A. 98-718, eff. 1-1-15; 99-143, eff. 7-27-15.)
| 12 | | Section 80. The Illinois Vehicle Code is amended by | 13 | | changing Section 11-212 as follows:
| 14 | | (625 ILCS 5/11-212)
| 15 | | (Section scheduled to be repealed on July 1, 2019)
| 16 | | Sec. 11-212. Traffic and pedestrian stop statistical | 17 | | study.
| 18 | | (a) Whenever a State or local law enforcement officer | 19 | | issues a
uniform traffic citation or warning citation for an | 20 | | alleged
violation of the Illinois Vehicle Code, he or she shall
| 21 | | record at least the following:
| 22 | | (1) the name, address, gender, and
the officer's | 23 | | subjective determination of the race of
the person
stopped; | 24 | | the person's race shall be selected from the following |
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| 1 | | list:
Native American American Indian or Alaska Native, | 2 | | Asian, Black or African American, Hispanic or Latino, | 3 | | Native Hawaiian or Other Pacific Islander, or White;
| 4 | | (2) the alleged traffic violation that led to the
stop | 5 | | of the motorist;
| 6 | | (3) the make and year of the vehicle
stopped;
| 7 | | (4) the date and time of the stop, beginning when the | 8 | | vehicle was stopped and ending when the driver is free to | 9 | | leave or taken into physical custody;
| 10 | | (5) the location of the traffic stop; | 11 | | (5.5) whether or not a consent search contemporaneous | 12 | | to the stop was requested of the vehicle, driver, | 13 | | passenger, or passengers; and, if so, whether consent was | 14 | | given or denied;
| 15 | | (6) whether or not a search contemporaneous to the stop | 16 | | was conducted of
the
vehicle, driver, passenger, or | 17 | | passengers; and, if so, whether it was with
consent or by | 18 | | other means; | 19 | | (6.2) whether or not a police dog performed a sniff of | 20 | | the vehicle; and, if so, whether or not the dog alerted to | 21 | | the presence of contraband; and, if so, whether or not an | 22 | | officer searched the vehicle; and, if so, whether or not | 23 | | contraband was discovered; and, if so, the type and amount | 24 | | of contraband; | 25 | | (6.5) whether or not contraband was found during a | 26 | | search; and, if so, the type and amount of contraband |
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| 1 | | seized; and
| 2 | | (7) the name and badge number of the issuing officer.
| 3 | | (b) Whenever a State or local law enforcement officer stops | 4 | | a
motorist for an alleged violation of the Illinois Vehicle | 5 | | Code
and does not issue a uniform traffic citation or
warning | 6 | | citation for an alleged violation of the Illinois
Vehicle Code, | 7 | | he or she shall complete a uniform stop card, which includes
| 8 | | field
contact cards, or any other existing form currently used | 9 | | by law enforcement
containing
information required pursuant to | 10 | | this Act,
that records
at least the following:
| 11 | | (1) the name, address, gender,
and
the officer's | 12 | | subjective determination of the race of the person
stopped; | 13 | | the person's race shall be selected from the following | 14 | | list:
Native American American Indian or Alaska Native, | 15 | | Asian, Black or African American, Hispanic or Latino, | 16 | | Native Hawaiian or Other Pacific Islander, or White;
| 17 | | (2) the reason that led to the stop of the
motorist;
| 18 | | (3) the make and year of the vehicle
stopped;
| 19 | | (4) the date and time of the stop, beginning when the | 20 | | vehicle was stopped and ending when the driver is free to | 21 | | leave or taken into physical custody;
| 22 | | (5) the location of the traffic stop; | 23 | | (5.5) whether or not a consent search contemporaneous | 24 | | to the stop was requested of the vehicle, driver, | 25 | | passenger, or passengers; and, if so, whether consent was | 26 | | given or denied;
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| 1 | | (6) whether or not a search contemporaneous to the stop | 2 | | was conducted of
the
vehicle, driver, passenger, or | 3 | | passengers; and, if so, whether it was with
consent or by | 4 | | other means; | 5 | | (6.2) whether or not a police dog performed a sniff of | 6 | | the vehicle; and, if so, whether or not the dog alerted to | 7 | | the presence of contraband; and, if so, whether or not an | 8 | | officer searched the vehicle; and, if so, whether or not | 9 | | contraband was discovered; and, if so, the type and amount | 10 | | of contraband; | 11 | | (6.5) whether or not contraband was found during a | 12 | | search; and, if so, the type and amount of contraband | 13 | | seized; and
| 14 | | (7) the name and badge number of the issuing
officer.
| 15 | | (b-5) For purposes of this subsection (b-5), "detention" | 16 | | means all frisks, searches, summons, and arrests. Whenever a | 17 | | law enforcement officer subjects a pedestrian to detention in a | 18 | | public place, he or she shall complete a uniform pedestrian | 19 | | stop card, which includes any existing form currently used by | 20 | | law enforcement containing all the information required under | 21 | | this Section, that records at least the following: | 22 | | (1) the gender, and the officer's subjective | 23 | | determination of the race of the person stopped; the | 24 | | person's race shall be selected from the following list: | 25 | | Native American American Indian or Alaska Native, Asian, | 26 | | Black or African American, Hispanic or Latino, Native |
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| 1 | | Hawaiian or Other Pacific Islander, or White; | 2 | | (2) all the alleged reasons that led to the stop of the | 3 | | person; | 4 | | (3) the date and time of the stop; | 5 | | (4) the location of the stop; | 6 | | (5) whether or not a protective pat down or frisk was | 7 | | conducted of the person; and, if so, all the alleged | 8 | | reasons that led to the protective pat down or frisk, and | 9 | | whether it was with consent or by other means; | 10 | | (6) whether or not contraband was found during the | 11 | | protective pat down or frisk; and, if so, the type and | 12 | | amount of contraband seized; | 13 | | (7) whether or not a search beyond a protective pat | 14 | | down or frisk was conducted of the person or his or her | 15 | | effects; and, if so, all the alleged reasons that led to | 16 | | the search, and whether it was with consent or by other | 17 | | means; | 18 | | (8) whether or not contraband was found during the | 19 | | search beyond a protective pat down or frisk; and, if so, | 20 | | the type and amount of contraband seized; | 21 | | (9) the disposition of the stop, such as a warning, a | 22 | | ticket, a summons, or an arrest; | 23 | | (10) if a summons or ticket was issued, or an arrest | 24 | | made, a record of the violations, offenses, or crimes | 25 | | alleged or charged; and | 26 | | (11) the name and badge number of the officer who |
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| 1 | | conducted the detention. | 2 | | This subsection (b-5) does not apply to searches or | 3 | | inspections for compliance authorized under the Fish and | 4 | | Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, | 5 | | or searches or inspections during routine security screenings | 6 | | at facilities or events. | 7 | | (c) The Illinois Department of Transportation shall | 8 | | provide a
standardized law
enforcement data compilation form on | 9 | | its website.
| 10 | | (d) Every law enforcement agency shall, by March 1 with | 11 | | regard to data collected during July through December of the | 12 | | previous calendar year and by August 1 with regard to data | 13 | | collected during January through June of the current calendar | 14 | | year, compile the data described in subsections (a), (b), and | 15 | | (b-5) on
the
standardized law enforcement data compilation form | 16 | | provided by the Illinois
Department
of Transportation and | 17 | | transmit the data to the Department.
| 18 | | (e) The Illinois Department of Transportation shall | 19 | | analyze the data
provided
by law
enforcement agencies required | 20 | | by this Section and submit a report of the
previous year's
| 21 | | findings to the
Governor, the General Assembly, the Racial | 22 | | Profiling Prevention and Data Oversight Board, and each law | 23 | | enforcement agency no later than
July 1
of each year. The | 24 | | Illinois Department of
Transportation may contract with
an | 25 | | outside entity for the analysis of the data provided. In | 26 | | analyzing the data
collected
under this Section, the analyzing |
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| 1 | | entity shall scrutinize the data for evidence
of statistically
| 2 | | significant aberrations. The following list, which
is | 3 | | illustrative, and not exclusive, contains examples of areas in | 4 | | which
statistically
significant aberrations may be found:
| 5 | | (1) The percentage of minority drivers, passengers, or | 6 | | pedestrians being stopped in a
given
area
is substantially | 7 | | higher than the proportion of the overall population in or
| 8 | | traveling
through the area that the minority constitutes.
| 9 | | (2) A substantial number of false stops including stops | 10 | | not resulting in
the
issuance of a traffic ticket or the | 11 | | making of an arrest.
| 12 | | (3) A disparity between the proportion of citations | 13 | | issued to minorities
and
proportion of minorities in the | 14 | | population.
| 15 | | (4) A disparity among the officers of the same law | 16 | | enforcement agency with
regard to the number of minority | 17 | | drivers, passengers, or pedestrians being stopped in a | 18 | | given
area.
| 19 | | (5) A disparity between the frequency of searches | 20 | | performed on minority
drivers or pedestrians
and the | 21 | | frequency of searches performed on non-minority drivers or | 22 | | pedestrians.
| 23 | | (f) Any law enforcement officer identification information | 24 | | and driver or pedestrian
identification information
that is
| 25 | | compiled by any law enforcement agency or the Illinois | 26 | | Department of
Transportation
pursuant to this Act for
the |
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| 1 | | purposes of fulfilling the requirements of this Section shall | 2 | | be
confidential and exempt
from
public inspection and copying, | 3 | | as provided under Section 7 of the Freedom of
Information
Act,
| 4 | | and the information shall not be transmitted to anyone except | 5 | | as needed to
comply with
this Section. This Section shall not | 6 | | exempt those materials that, prior to the
effective date of | 7 | | this
amendatory Act of the 93rd General Assembly, were | 8 | | available under the Freedom
of
Information Act. This subsection | 9 | | (f) shall not preclude law enforcement agencies from reviewing | 10 | | data to perform internal reviews.
| 11 | | (g) Funding to implement this Section shall come from | 12 | | federal highway
safety
funds available to Illinois, as directed | 13 | | by the Governor.
| 14 | | (h) The Illinois Department of Transportation, in | 15 | | consultation with
law enforcement agencies, officials, and | 16 | | organizations, including Illinois
chiefs of police,
the | 17 | | Department of State Police, the Illinois Sheriffs Association, | 18 | | and the
Chicago Police
Department, and community groups and | 19 | | other experts, shall undertake a study to
determine the best | 20 | | use of technology to collect, compile, and analyze the
traffic | 21 | | stop
statistical study data required by this Section. The | 22 | | Department shall report
its findings
and recommendations to the | 23 | | Governor and the General Assembly by March 1,
2004. | 24 | | (h-5) For purposes of this Section: | 25 | | (1) " Native American American Indian or Alaska Native" | 26 | | means a person having origins in any of the original |
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| 1 | | peoples of North and South America, including Central | 2 | | America, and who maintains tribal affiliation or community | 3 | | 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 | | (4) "Hispanic or Latino" means a person of Cuban, | 17 | | Mexican, Puerto Rican, South or Central American, or other | 18 | | Spanish culture or origin, regardless of race. | 19 | | (5) "Native Hawaiian or Other Pacific Islander" means a | 20 | | person having origins in any of the original peoples of | 21 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 22 | | (6) "White" means a person having origins in any of the | 23 | | original peoples of Europe, the Middle East, or North | 24 | | Africa. | 25 | | (i) This Section is repealed on July 1, 2019.
| 26 | | (Source: P.A. 98-686, eff. 6-30-14; 99-352, eff. 1-1-16 .) |
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| 1 | | Section 85. The Criminal Code of 2012 is amended by | 2 | | changing Section 17-10.2 as follows: | 3 | | (720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) | 4 | | Sec. 17-10.2. Businesses owned by minorities, females, and | 5 | | persons with disabilities; fraudulent contracts with | 6 | | governmental units. | 7 | | (a) In this Section: | 8 | | "Minority person" means a person who is any of the | 9 | | following: | 10 | | (1) Native American American Indian or Alaska Native (a | 11 | | person having origins in any of the original peoples of | 12 | | North and South America, including Central America, and who | 13 | | maintains 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 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 24 | | Puerto Rican, South or Central American, or other Spanish |
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| 1 | | culture or origin, regardless of race). | 2 | | (5) Native Hawaiian or Other Pacific Islander (a person | 3 | | having origins in any of the original peoples of Hawaii, | 4 | | Guam, Samoa, or other Pacific Islands). | 5 | | "Female" means a person who is of the female gender.
| 6 | | "Person with a disability" means a person who is a | 7 | | person qualifying as having a disability.
| 8 | | "Disability" means a severe physical or mental | 9 | | disability that:
(1) results from:
amputation,
arthritis,
| 10 | | autism,
blindness,
burn injury,
cancer,
cerebral palsy,
| 11 | | cystic fibrosis,
deafness,
head injury,
heart disease,
| 12 | | hemiplegia,
hemophilia,
respiratory or pulmonary | 13 | | dysfunction, an intellectual disability,
mental illness,
| 14 | | multiple sclerosis,
muscular dystrophy,
musculoskeletal | 15 | | disorders,
neurological disorders, including stroke and | 16 | | epilepsy,
paraplegia,
quadriplegia and other spinal cord | 17 | | conditions,
sickle cell anemia,
specific learning | 18 | | disabilities, or
end stage renal failure disease; and
(2) | 19 | | substantially limits one or more of the person's major life | 20 | | activities. | 21 | | "Minority owned business" means a business concern | 22 | | that is at least 51% owned by one or more minority persons, | 23 | | or in the case of a corporation, at least 51% of the stock | 24 | | in which is owned by one or more minority persons; and the | 25 | | management and daily business operations of which are | 26 | | controlled by one or more of the minority individuals who |
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| 1 | | own it. | 2 | | "Female owned business" means a business concern that | 3 | | is at least 51% owned by one or more females, or, in the | 4 | | case of a corporation, at least 51% of the stock in which | 5 | | is owned by one or more females; and the management and | 6 | | daily business operations of which are controlled by one or | 7 | | more of the females who own it. | 8 | | "Business owned by a person with a disability" means a | 9 | | business concern that is at least 51% owned by one or more | 10 | | persons with a disability and the management and daily | 11 | | business operations of which are controlled by one or more | 12 | | of the persons with disabilities who own it. A | 13 | | not-for-profit agency for persons with disabilities that | 14 | | is exempt from taxation under Section 501 of the Internal | 15 | | Revenue Code of 1986 is also considered a "business owned | 16 | | by a person with a disability". | 17 | | "Governmental unit" means the State, a unit of local | 18 | | government, or school district. | 19 | | (b) In addition to any other penalties imposed by law or by | 20 | | an ordinance or resolution of a unit of local government or | 21 | | school district, any individual or entity that knowingly | 22 | | obtains, or knowingly assists another to obtain, a contract | 23 | | with a governmental unit, or a subcontract or written | 24 | | commitment for a subcontract under a contract with a | 25 | | governmental unit, by falsely representing that the individual | 26 | | or entity, or the individual or entity assisted, is a minority |
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| 1 | | owned business, female owned business, or business owned by a | 2 | | person with a disability is guilty of a Class 2 felony, | 3 | | regardless of whether the preference for awarding the contract | 4 | | to a minority owned business, female owned business, or | 5 | | business owned by a person with a disability was established by | 6 | | statute or by local ordinance or resolution. | 7 | | (c) In addition to any other penalties authorized by law, | 8 | | the court shall order that an individual or entity convicted of | 9 | | a violation of this Section must pay to the governmental unit | 10 | | that awarded the contract a penalty equal to one and one-half | 11 | | times the amount of the contract obtained because of the false | 12 | | representation.
| 13 | | (Source: P.A. 99-143, eff. 7-27-15.) | 14 | | Section 90. The Illinois Human Rights Act is amended by | 15 | | changing Section 2-105 as follows:
| 16 | | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
| 17 | | Sec. 2-105. Equal Employment Opportunities; Affirmative | 18 | | Action.
| 19 | | (A) Public Contracts. Every party to a public contract and | 20 | | every
eligible bidder shall:
| 21 | | (1) Refrain from unlawful discrimination and | 22 | | discrimination based on
citizenship status in employment | 23 | | and undertake affirmative action to assure
equality of | 24 | | employment opportunity and eliminate the effects of past
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| 1 | | discrimination;
| 2 | | (2) Comply with the procedures and requirements of the | 3 | | Department's
regulations concerning equal employment | 4 | | opportunities and affirmative action;
| 5 | | (3) Provide such information, with respect to its | 6 | | employees and
applicants for employment, and assistance as | 7 | | the Department may
reasonably request;
| 8 | | (4) Have written sexual harassment policies that shall | 9 | | include, at a
minimum, the following information: (i) the | 10 | | illegality of
sexual harassment; (ii) the definition of | 11 | | sexual harassment under State
law; (iii) a description of | 12 | | sexual harassment, utilizing examples; (iv) the
vendor's | 13 | | internal complaint process including penalties; (v) the | 14 | | legal
recourse, investigative and complaint process | 15 | | available through the
Department and the Commission; (vi) | 16 | | directions on how to contact the
Department and Commission; | 17 | | and (vii) protection against retaliation as
provided by | 18 | | Section 6-101 of this Act. A copy of the policies shall
be | 19 | | provided to the Department upon request.
| 20 | | (B) State Agencies. Every State executive department, | 21 | | State agency,
board, commission, and instrumentality shall:
| 22 | | (1) Comply with the procedures and requirements of the | 23 | | Department's
regulations concerning equal employment | 24 | | opportunities and affirmative action;
| 25 | | (2) Provide such information and assistance as the | 26 | | Department may request.
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| 1 | | (3) Establish, maintain, and carry out a continuing | 2 | | affirmative action
plan consistent with this Act and the | 3 | | regulations of the Department designed
to promote equal | 4 | | opportunity for all State residents in every aspect of
| 5 | | agency personnel policy and practice. For purposes of these | 6 | | affirmative
action plans, the race and national origin | 7 | | categories to be included in the
plans are: Native American | 8 | | American Indian or Alaska Native, Asian, Black or African | 9 | | American, Hispanic or Latino, Native Hawaiian or Other | 10 | | Pacific Islander. | 11 | | This plan shall
include a current detailed status | 12 | | report:
| 13 | | (a) indicating, by each position in State service, | 14 | | the number,
percentage, and average salary of | 15 | | individuals employed by race, national
origin, sex and | 16 | | disability, and any other category that the Department | 17 | | may
require by rule;
| 18 | | (b) identifying all positions in which the | 19 | | percentage of the people
employed by race, national | 20 | | origin, sex and disability, and any other
category that | 21 | | the Department may require by rule, is less than | 22 | | four-fifths of
the percentage of each of those | 23 | | components in the State work force;
| 24 | | (c) specifying the goals and methods for | 25 | | increasing the percentage
by race, national origin, | 26 | | sex and disability, and any other category
that the |
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| 1 | | Department may require by rule, in State positions;
| 2 | | (d) indicating progress and problems toward | 3 | | meeting equal employment
opportunity goals, including, | 4 | | if applicable, but not limited to, Department
of | 5 | | Central Management Services recruitment efforts, | 6 | | publicity, promotions,
and use of options designating | 7 | | positions by linguistic abilities;
| 8 | | (e) establishing a numerical hiring goal for the | 9 | | employment of
qualified persons with disabilities in | 10 | | the agency as a whole, to be based
on the proportion of | 11 | | people with work disabilities in the Illinois labor
| 12 | | force as reflected in the most recent decennial Census.
| 13 | | (4) If the agency has 1000 or more employees, appoint a | 14 | | full-time Equal
Employment Opportunity officer, subject to | 15 | | the Department's approval, whose
duties shall include:
| 16 | | (a) Advising the head of the particular State | 17 | | agency with respect to the
preparation of equal | 18 | | employment opportunity programs, procedures, | 19 | | regulations,
reports, and the agency's affirmative | 20 | | action plan.
| 21 | | (b) Evaluating in writing each fiscal year the | 22 | | sufficiency of the total
agency program for equal | 23 | | employment opportunity and reporting thereon to
the | 24 | | head of the agency with recommendations as to any | 25 | | improvement or
correction in recruiting, hiring or | 26 | | promotion needed, including remedial or
disciplinary |
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| 1 | | action with respect to managerial or supervisory | 2 | | employees who
have failed to cooperate fully or who are | 3 | | in violation of the program.
| 4 | | (c) Making changes in recruitment, training and | 5 | | promotion programs
and in hiring and promotion | 6 | | procedures designed to eliminate
discriminatory | 7 | | practices when authorized.
| 8 | | (d) Evaluating tests, employment policies,
| 9 | | practices and qualifications
and reporting to the head | 10 | | of the agency and to the Department any policies,
| 11 | | practices and qualifications that have unequal impact | 12 | | by race, national origin
as required by Department | 13 | | rule, sex or disability or any other category that
the | 14 | | Department may require by rule, and to assist in the | 15 | | recruitment of people
in underrepresented | 16 | | classifications. This function shall be performed in
| 17 | | cooperation with the State Department of Central | 18 | | Management Services.
| 19 | | (e) Making any aggrieved employee or applicant for | 20 | | employment aware of
his or her remedies under this Act.
| 21 | | In any meeting, investigation, negotiation, | 22 | | conference, or other
proceeding between a State | 23 | | employee and an Equal Employment Opportunity
officer, | 24 | | a State employee (1) who is not covered by a collective | 25 | | bargaining
agreement and (2) who is the complaining | 26 | | party or the subject of such
proceeding may be |
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| 1 | | accompanied, advised and represented by (1) an | 2 | | attorney
licensed to practice law in the State of | 3 | | Illinois or (2) a representative of an
employee | 4 | | organization whose membership is composed of employees | 5 | | of the State
and of which the employee is a member. A | 6 | | representative of an employee, other
than an attorney, | 7 | | may observe but may not actively participate, or advise | 8 | | the
State employee during the course of such meeting, | 9 | | investigation, negotiation,
conference or other | 10 | | proceeding. Nothing in this Section shall be
construed | 11 | | to permit any person who is not licensed to practice | 12 | | law in Illinois
to deliver any legal services or | 13 | | otherwise engage in any activities that would
| 14 | | constitute the unauthorized practice of law. Any | 15 | | representative of an employee
who is present with the | 16 | | consent of the employee, shall not, during or after
| 17 | | termination of the relationship permitted by this | 18 | | Section with the State
employee, use or reveal any | 19 | | information obtained during the course of the
meeting, | 20 | | investigation, negotiation, conference or other | 21 | | proceeding without the
consent of the complaining | 22 | | party and any State employee who is the subject of
the | 23 | | proceeding and pursuant to rules and regulations | 24 | | governing confidentiality
of such information as | 25 | | promulgated by the appropriate State agency.
| 26 | | Intentional or reckless disclosure of information in |
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| 1 | | violation of these
confidentiality requirements shall | 2 | | constitute a Class B misdemeanor.
| 3 | | (5) Establish, maintain and carry out a continuing | 4 | | sexual harassment
program that shall include the | 5 | | following:
| 6 | | (a) Develop a written sexual harassment policy | 7 | | that includes at a
minimum the following information: | 8 | | (i) the illegality of sexual harassment;
(ii) the | 9 | | definition of sexual harassment under State law; (iii) | 10 | | a
description of sexual harassment, utilizing | 11 | | examples; (iv) the agency's
internal complaint process | 12 | | including penalties; (v) the legal recourse,
| 13 | | investigative and complaint process available through | 14 | | the Department and
the Commission; (vi) directions on | 15 | | how to contact the Department and
Commission; and (vii) | 16 | | protection against retaliation as provided by Section
| 17 | | 6-101 of this Act. The policy shall be reviewed | 18 | | annually.
| 19 | | (b) Post in a prominent and accessible location and | 20 | | distribute in a
manner to assure notice to all agency | 21 | | employees without exception the
agency's sexual | 22 | | harassment policy. Such documents may meet, but shall | 23 | | not
exceed, the 6th grade literacy level. Distribution | 24 | | shall be effectuated within
90 days of the effective | 25 | | date of this amendatory Act of 1992 and shall occur
| 26 | | annually thereafter.
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| 1 | | (c) Provide training on sexual harassment | 2 | | prevention and the
agency's sexual harassment policy | 3 | | as a component of all ongoing or new
employee training | 4 | | programs.
| 5 | | (6) Notify the Department 30 days before effecting any | 6 | | layoff. Once
notice is given, the following shall occur:
| 7 | | (a) No layoff may be effective
earlier than 10 | 8 | | working days after
notice to the Department, unless an
| 9 | | emergency layoff situation exists.
| 10 | | (b) The State executive department, State agency, | 11 | | board, commission,
or instrumentality in which the | 12 | | layoffs are to occur must
notify each employee targeted | 13 | | for layoff, the employee's union
representative (if | 14 | | applicable), and the State Dislocated Worker Unit at | 15 | | the
Department of Commerce and Economic Opportunity.
| 16 | | (c) The State executive department, State agency, | 17 | | board, commission,
or instrumentality in
which the | 18 | | layoffs are to occur must conform to applicable | 19 | | collective
bargaining agreements.
| 20 | | (d) The State executive department, State agency, | 21 | | board, commission, or
instrumentality in which the | 22 | | layoffs are to occur should notify each employee
| 23 | | targeted for layoff that transitional assistance may | 24 | | be available to him or her
under the Economic | 25 | | Dislocation and Worker Adjustment Assistance Act
| 26 | | administered by the Department of Commerce and |
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| 1 | | Economic Opportunity. Failure to
give such notice | 2 | | shall not invalidate the layoff or postpone its | 3 | | effective
date.
| 4 | | As used in this subsection (B), "disability" shall be | 5 | | defined in
rules promulgated under the Illinois Administrative
| 6 | | Procedure Act.
| 7 | | (C) Civil Rights Violations. It is a civil rights violation | 8 | | for any
public contractor or eligible bidder to:
| 9 | | (1) fail to comply with the public contractor's or | 10 | | eligible bidder's
duty to refrain from unlawful | 11 | | discrimination and discrimination based on
citizenship | 12 | | status in employment under subsection (A)(1) of this | 13 | | Section; or
| 14 | | (2) fail to comply with the public contractor's or | 15 | | eligible bidder's
duties of affirmative action under | 16 | | subsection (A) of this Section, provided
however, that the
| 17 | | Department has notified the public contractor or eligible | 18 | | bidder in writing
by certified mail that the public | 19 | | contractor or eligible bidder may not be
in compliance with | 20 | | affirmative action requirements of subsection (A). A
| 21 | | minimum
of 60 days to comply with the requirements shall be | 22 | | afforded to the public
contractor or eligible bidder before | 23 | | the Department may issue formal notice of
non-compliance.
| 24 | | (D) As used in this Section: | 25 | | (1) " Native American American Indian or Alaska Native" | 26 | | means a person having origins in any of the original |
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| 1 | | peoples of North and South America, including Central | 2 | | America, and who maintains tribal affiliation or community | 3 | | 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 | | (3) "Black or African American" means a person having | 10 | | origins in any of the black racial groups of Africa. Terms | 11 | | such as "Haitian" or "Negro" can be used in addition to | 12 | | "Black or African American". | 13 | | (4) "Hispanic or Latino" means a person of Cuban, | 14 | | Mexican, Puerto Rican, South or Central American, or other | 15 | | Spanish culture or origin, regardless of race. | 16 | | (5) "Native Hawaiian or Other Pacific Islander" means a | 17 | | person having origins in any of the original peoples of | 18 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 19 | | (Source: P.A. 97-396, eff. 1-1-12.)
| 20 | | Section 96. No revival or extension. This Act does not | 21 | | revive or extend any Section or Act otherwise repealed.
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