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Rep. Theresa Mah
Filed: 5/15/2024
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1 | | AMENDMENT TO HOUSE BILL 793
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2 | | AMENDMENT NO. ______. Amend House Bill 793, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following: |
5 | | "Section 1. Reference to Act. This Act may be referred to |
6 | | as the Dignity in Pay Act. |
7 | | Section 3. Declaration of policy and intent. |
8 | | (a) Section 14(c) of the federal Fair Labor Standards Act |
9 | | of 1938 provides for the employment of persons with |
10 | | disabilities at wage rates below the statutory federal minimum |
11 | | wage. Among those who have worked for subminimum wages in |
12 | | Illinois are people with intellectual, developmental, |
13 | | physical, and sensory disabilities, including those who are |
14 | | blind or deaf or are diagnosed with cerebral palsy, spina |
15 | | bifida, or Down syndrome. Section 14(c) authorizations result |
16 | | in a national average wage of approximately $3 per hour for |
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1 | | workers with disabilities who have engaged in work activities |
2 | | under a 14(c) wage certificate. |
3 | | Data released in October 2022 from the United States |
4 | | Department of Labor shows that Illinois ranks second in the |
5 | | nation in the number of 14(c) certificates issued or pending, |
6 | | with several thousand Illinois residents with disabilities |
7 | | engaged in activities compensated below minimum wage. These |
8 | | activities most often occur in congregate work centers (also |
9 | | known as facility-based employment or sheltered workshops) |
10 | | some of which may have the effect of isolating people with |
11 | | disabilities from the greater community. |
12 | | The Illinois Employment First Act stipulates that |
13 | | "competitive and integrated employment shall be considered the |
14 | | first option when serving persons with disabilities of working |
15 | | age." Across the United States, 18 states eliminated, phased |
16 | | out, or modified the authority of employers to pay subminimum |
17 | | wages to people with disabilities. |
18 | | Ensuring that Illinois maximizes opportunities for persons |
19 | | with disabilities to secure gainful employment is a critical |
20 | | element to achieving the requirements of the Illinois |
21 | | Employment First Act. The Workforce Innovation and Opportunity |
22 | | Act (Public Law 113-128) and Section 7 of the Rehabilitation |
23 | | Act of 1973 (29 U.S.C. 705) define competitive integrated |
24 | | employment as "work that is performed on a full-time or |
25 | | part-time basis for which an individual is: compensated at a |
26 | | rate that shall be not less than the rate specified in the |
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1 | | applicable State or local minimum wage law; and is not less |
2 | | than the customary rate paid by the employer for the same or |
3 | | similar work performed by other employees who are not |
4 | | individuals with disabilities, and who are similarly situated |
5 | | in similar occupations by the same employer and who have |
6 | | similar training, experience, and skills; or in the case of an |
7 | | individual who is self-employed, yields an income that is |
8 | | comparable to the income received by other individuals who are |
9 | | not individuals with disabilities, and who are self-employed |
10 | | in similar occupations or on similar tasks and who have |
11 | | similar training, experience, and skills; and is eligible for |
12 | | the level of benefits provided to other employees". |
13 | | Paying workers with disabilities subminimum wages |
14 | | perpetuates harmful, unfair, and inaccurate stereotypes about |
15 | | the potential and worth of people with disabilities, affects |
16 | | their capacity to earn wages equivalent to those of their |
17 | | peers without disabilities, and diminishes the expectations |
18 | | about and perceived value of their contributions to the |
19 | | workforce and society. |
20 | | Eliminating subminimum wage employment for people with |
21 | | disabilities, coupled with the implementation of service |
22 | | enhancements and policy changes, is crucial for advancing |
23 | | economic justice and accelerating dignity and self-sufficiency |
24 | | for all people. It ensures that those currently employed in |
25 | | subminimum wage jobs can transition to competitive integrated |
26 | | employment, supported employment, or integrated community |
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1 | | activities aligned with their individual aspirations. |
2 | | On October 4, 2021, the Governor signed Executive Order 26 |
3 | | (2021), which requires all contracts through the Illinois |
4 | | State Use Program to provide payment to workers at no less than |
5 | | the applicable local, if higher, or Illinois minimum wage for |
6 | | all employees performing work on the contract. |
7 | | (b) Additional service enhancements, rate adjustments, |
8 | | investments, and policy changes are needed to address systemic |
9 | | barriers to assist persons with disabilities to access |
10 | | increased employment opportunities and earn at or above the |
11 | | Illinois minimum wage. |
12 | | (c) Collaborative partnerships between State agencies and |
13 | | key stakeholder organizations, including, but not limited to, |
14 | | those noted in this amendatory Act of the 103rd General |
15 | | Assembly, shall result in a complete phase out of Illinois |
16 | | 14(c) certificates on July 1, 2029. |
17 | | Section 5. The Department of Human Services Act is amended |
18 | | by adding Sections 1-90 and 1-95 as follows: |
19 | | (20 ILCS 1305/1-90 new) |
20 | | Sec. 1-90. Program rates. The Department of Healthcare and |
21 | | Family Services, in partnership with the Department of Human |
22 | | Services, shall file an amendment to the Home and |
23 | | Community-Based Services Waiver Program for Adults with |
24 | | Developmental Disabilities authorized under Section 1915(c) of |
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1 | | the Social Security Act to increase the rates for the |
2 | | following waiver services: Supported Employment - Small Group |
3 | | Supports. The amendment shall be filed by January 1, 2025. |
4 | | Implementation of any rate increase to the Supported |
5 | | Employment - Small Group Supports service is subject to |
6 | | federal approval of the amendment filed as required in this |
7 | | Section. |
8 | | (20 ILCS 1305/1-95 new) |
9 | | Sec. 1-95. Transition Program Grants. |
10 | | (a) The Department of Human Services shall establish a |
11 | | Section 14(c) transition program to award transition grants to |
12 | | eligible community agencies with active or pending Section |
13 | | 14(c) certificates to aid in the transition away from |
14 | | subminimum wages for workers with disabilities. The goal of |
15 | | Section 14(c) transition program grants is to develop new |
16 | | opportunities and programs and grow capacity to respond to the |
17 | | needs of individuals with disabilities in their geographic |
18 | | area, including, but not limited to, supported employment, |
19 | | customized employment, self-employment, entrepreneurship, and |
20 | | diverse day programs that support meaningful days, choice, and |
21 | | community integration. |
22 | | (b) Eligibility for Section 14(c) transition program |
23 | | grants shall be contingent upon community agencies submitting |
24 | | a transition plan. The Department shall provide example plans |
25 | | that community agencies may adapt. By January 1, 2025, the |
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1 | | transition program grant funds shall be awarded in compliance |
2 | | with the Grant Accountability and Transparency Act. |
3 | | (c) Grants shall be made by the Department to eligible |
4 | | holders of Section 14(c) certificates, consistent with the |
5 | | Grant Accountability and Transparency Act, to assist workers |
6 | | with disabilities who are working for subminimum wages to |
7 | | transition to competitive integrated employment and to support |
8 | | eligible Section 14(c) certificate holders. Grant funding |
9 | | shall be used to: |
10 | | (1) provide competitive integrated employment; |
11 | | (2) assist individuals with disabilities who were |
12 | | employed at subminimum wages to find and retain |
13 | | competitive integrated employment; or |
14 | | (3) provide integrated community participation and |
15 | | wraparound services for individuals with disabilities who |
16 | | were employed at subminimum wages. |
17 | | (d) Beginning on January 1, 2026, the Department of Human |
18 | | Services shall provide an annual status report to the Governor |
19 | | and the General Assembly, incorporating data from each grant |
20 | | recipient, to demonstrate progress toward identified |
21 | | benchmarks. |
22 | | Section 7. The Employment and Economic Opportunity for |
23 | | Persons with Disabilities Task Force Act is amended by adding |
24 | | Section 16 as follows: |
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1 | | (20 ILCS 4095/16 new) |
2 | | Sec. 16. Multi-year plan toward elimination of Section |
3 | | 14(c) certificates. By no later than July 1, 2025, the |
4 | | Employment and Economic Opportunity for Persons with |
5 | | Disabilities Task Force, with the Illinois Council on |
6 | | Developmental Disabilities and an academic partner with |
7 | | relevant subject matter expertise, shall create a multi-year |
8 | | plan of recommended actions, outcomes, and benchmarks in |
9 | | accordance with paragraphs (1) through (3) to help the State |
10 | | successfully eliminate on and after July 1, 2029 the use of |
11 | | certificates authorized under Section 14(c) of the federal |
12 | | Fair Labor Standards Act of 1938. |
13 | | (1) The multi-year plan shall include, but not be |
14 | | limited to, all of the following: |
15 | | (A) Identification, gathering, and analytics of |
16 | | data to inform the work of the Task Force, including, |
17 | | but not limited to: |
18 | | (i) the total number of entities utilizing |
19 | | Section 14(c) certificates; |
20 | | (ii) the total number of persons with |
21 | | disabilities who are paid subminimum wages and the |
22 | | total number of persons with disabilities who are |
23 | | paid at least the applicable minimum wages; |
24 | | (iii) the total number of persons with |
25 | | disabilities working in facility-based employment |
26 | | paid at or above minimum wage. |
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1 | | (B) Recommended actions, including additional |
2 | | statutory, regulatory, or policy measures, including |
3 | | State-supported activities to assist providers in |
4 | | employing people with disabilities; |
5 | | (C) Recommended measurable outcomes for each year |
6 | | of the plan. |
7 | | (D) Recommended benchmarks for each year of the |
8 | | plan. |
9 | | (2) In developing the multi-year plan, the Task Force |
10 | | shall consider: |
11 | | (A) The total available approximate number of |
12 | | people with disabilities paid subminimum wages who |
13 | | want to transition to competitive integrated |
14 | | employment with supports. |
15 | | (B) The total available approximate number of |
16 | | people with disabilities who do not wish to pursue |
17 | | competitive integrated employment and who would |
18 | | benefit from alternative meaningful day opportunities. |
19 | | (C) Existing State employment programs designed to |
20 | | support workers with disabilities. |
21 | | (D) An evaluation of capacity limits in providers' |
22 | | contracts with the Department of Human Services' |
23 | | Division of Rehabilitation Services and Division of |
24 | | Developmental Disabilities. |
25 | | (E) The personal choice of persons with |
26 | | disabilities regarding employment goals and planning |
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1 | | in person-centered planning processes. |
2 | | (F) The use of existing and emerging technologies |
3 | | that could assist persons with disabilities in |
4 | | achieving employment goals. |
5 | | (G) The impact of access to reliable |
6 | | transportation on achieving employment goals and |
7 | | ongoing employment. |
8 | | (H) An analysis that shall include data on: |
9 | | (i) the activities of youth with disabilities |
10 | | within one year of exiting high school; |
11 | | (ii) the count of schools holding Student |
12 | | Transition Employment Program and Pre-Employment |
13 | | Transition Services contracts with the Division of |
14 | | Rehabilitation Services that includes the count of |
15 | | students with ongoing cases who transition to |
16 | | adult services; |
17 | | (iii) the number of students 14 1/2 through 22 |
18 | | years of age with individualized education plans |
19 | | indicating a need for home and community-based |
20 | | adult services. |
21 | | (I) The potential changes to State law, |
22 | | regulations, or policies to protect means-tested |
23 | | benefits for persons with disabilities as they pursue |
24 | | employment-related goals. |
25 | | (J) Dissemination of information regarding |
26 | | employment supports and benefits to individuals with |
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1 | | disabilities, consumers of public services, employers, |
2 | | service providers, and State and local agency staff. |
3 | | Information shall include the Ticket to Work program, |
4 | | Work Incentives Planning and Assistance Programs, |
5 | | Illinois ABLE, and Health Benefits for Workers with |
6 | | Disabilities. |
7 | | (K) The education and training needs of staff |
8 | | working in community-based provider agencies toward |
9 | | advancing competitive, integrated work options for |
10 | | persons with disabilities, in areas including, but not |
11 | | limited to: |
12 | | (i) employment options; |
13 | | (ii) non-employment options; |
14 | | (iii) home and community-based services and |
15 | | supports; |
16 | | (iv) self-advocacy; |
17 | | (v) benefits planning; |
18 | | (vi) asset building; |
19 | | (vii) assistive technology; |
20 | | (viii) certification programs; and |
21 | | (ix) mental health services and supports. |
22 | | (L) Agreements between State agencies and |
23 | | community-based providers that promote flexibility and |
24 | | allow for expansion. |
25 | | (M) Ongoing review of rates and reimbursements |
26 | | that support various employment programs for persons |
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1 | | with disabilities, including competitive, integrated |
2 | | employment, customized employment, and supported |
3 | | employment. |
4 | | (N) The need to further engage the private |
5 | | business community to hire persons with disabilities |
6 | | through incentives that may include specialized |
7 | | educational opportunities, distribution of literature |
8 | | at points of interaction with government licensing |
9 | | agencies, and tax incentives to hiring persons with |
10 | | disabilities. |
11 | | (O) The availability and need for adequate |
12 | | benefits planning services for workers with |
13 | | disabilities. |
14 | | (P) The availability and need for meaningful day |
15 | | services for individuals with disabilities who prefer |
16 | | not to work. |
17 | | (3) In developing the multi-year plan, the Task Force |
18 | | shall consult with employment service providers, people |
19 | | with disabilities, disability trade associations, and |
20 | | disability advocacy organizations. |
21 | | (4) The Task Force shall submit the multi-year plan to |
22 | | the Governor and the General Assembly by no later than |
23 | | July 1, 2025. Annual reports on implementation shall be |
24 | | required by no later than January 1 of each subsequent |
25 | | year through January 1, 2030. |
26 | | (5) The Task Force shall provide annual updates to the |
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1 | | Governor and the General Assembly through January 1, 2035 |
2 | | on the employment of persons with disabilities in |
3 | | Illinois. |
4 | | (6) The Governor shall appoint at least 2 additional |
5 | | members to the Task Force who represent organizations that |
6 | | are current Section 14(c) certificate holders. The |
7 | | Director of Labor, or the Director's designee, shall serve |
8 | | on the Task Force in a non-voting, advisory capacity until |
9 | | July 1, 2025. |
10 | | Section 20. The Business Enterprise for Minorities, Women, |
11 | | and Persons with Disabilities Act is amended by changing |
12 | | Section 2 as follows: |
13 | | (30 ILCS 575/2) |
14 | | (Section scheduled to be repealed on June 30, 2029) |
15 | | Sec. 2. Definitions. |
16 | | (A) For the purpose of this Act, the following terms shall |
17 | | have the following definitions: |
18 | | (1) "Minority person" shall mean a person who is a |
19 | | citizen or lawful permanent resident of the United States |
20 | | and who is any of the following: |
21 | | (a) American Indian or Alaska Native (a person |
22 | | having origins in any of the original peoples of North |
23 | | and South America, including Central America, and who |
24 | | maintains tribal affiliation or community attachment). |
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1 | | (b) Asian (a person having origins in any of the |
2 | | original peoples of the Far East, Southeast Asia, or |
3 | | the Indian subcontinent, including, but not limited |
4 | | to, Cambodia, China, India, Japan, Korea, Malaysia, |
5 | | Pakistan, the Philippine Islands, Thailand, and |
6 | | Vietnam). |
7 | | (c) Black or African American (a person having |
8 | | origins in any of the black racial groups of Africa). |
9 | | (d) Hispanic or Latino (a person of Cuban, |
10 | | Mexican, Puerto Rican, South or Central American, or |
11 | | other Spanish culture or origin, regardless of race). |
12 | | (e) Native Hawaiian or Other Pacific Islander (a |
13 | | person having origins in any of the original peoples |
14 | | of Hawaii, Guam, Samoa, or other Pacific Islands). |
15 | | (2) "Woman" shall mean a person who is a citizen or |
16 | | lawful permanent resident of the United States and who is |
17 | | of the female gender. |
18 | | (2.05) "Person with a disability" means a person who |
19 | | is a citizen or lawful resident of the United States and is |
20 | | a person qualifying as a person with a disability under |
21 | | subdivision (2.1) of this subsection (A). |
22 | | (2.1) "Person with a disability" means a person with a |
23 | | severe physical or mental disability that: |
24 | | (a) results from: |
25 | | amputation, |
26 | | arthritis, |
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1 | | autism, |
2 | | blindness, |
3 | | burn injury, |
4 | | cancer, |
5 | | cerebral palsy, |
6 | | Crohn's disease, |
7 | | cystic fibrosis, |
8 | | deafness, |
9 | | head injury, |
10 | | heart disease, |
11 | | hemiplegia, |
12 | | hemophilia, |
13 | | respiratory or pulmonary dysfunction, |
14 | | an intellectual disability, |
15 | | mental illness, |
16 | | multiple sclerosis, |
17 | | muscular dystrophy, |
18 | | musculoskeletal disorders, |
19 | | neurological disorders, including stroke and |
20 | | epilepsy, |
21 | | paraplegia, |
22 | | quadriplegia and other spinal cord conditions, |
23 | | sickle cell anemia, |
24 | | ulcerative colitis, |
25 | | specific learning disabilities, or |
26 | | end stage renal failure disease; and |
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1 | | (b) substantially limits one or more of the |
2 | | person's major life activities. |
3 | | Another disability or combination of disabilities may |
4 | | also be considered as a severe disability for the purposes |
5 | | of item (a) of this subdivision (2.1) if it is determined |
6 | | by an evaluation of rehabilitation potential to cause a |
7 | | comparable degree of substantial functional limitation |
8 | | similar to the specific list of disabilities listed in |
9 | | item (a) of this subdivision (2.1). |
10 | | (3) "Minority-owned business" means a business which |
11 | | is at least 51% owned by one or more minority persons, or |
12 | | in the case of a corporation, at least 51% of the stock in |
13 | | which is owned by one or more minority persons; and the |
14 | | management and daily business operations of which are |
15 | | controlled by one or more of the minority individuals who |
16 | | own it. |
17 | | (4) "Women-owned business" means a business which is |
18 | | at least 51% owned by one or more women, or, in the case of |
19 | | a corporation, at least 51% of the stock in which is owned |
20 | | by one or more women; and the management and daily |
21 | | business operations of which are controlled by one or more |
22 | | of the women who own it. |
23 | | (4.1) "Business owned by a person with a disability" |
24 | | means a business that is at least 51% owned by one or more |
25 | | persons with a disability and the management and daily |
26 | | business operations of which are controlled by one or more |
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1 | | of the persons with disabilities who own it. A |
2 | | not-for-profit agency for persons with disabilities that |
3 | | is exempt from taxation under Section 501 of the Internal |
4 | | Revenue Code of 1986 is also considered a "business owned |
5 | | by a person with a disability". |
6 | | (4.2) "Council" means the Business Enterprise Council |
7 | | for Minorities, Women, and Persons with Disabilities |
8 | | created under Section 5 of this Act. |
9 | | (4.3) "Commission" means, unless the context clearly |
10 | | indicates otherwise, the Commission on Equity and |
11 | | Inclusion created under the Commission on Equity and |
12 | | Inclusion Act. |
13 | | (4.4) "Certified vendor" means a minority-owned |
14 | | business, women-owned business, or business owned by a |
15 | | person with a disability that is certified by the Business |
16 | | Enterprise Program. |
17 | | (4.5) "Subcontractor" means a person or entity that |
18 | | enters into a contractual agreement with a prime vendor to |
19 | | provide, on behalf of the prime vendor, goods, services, |
20 | | real property, or remuneration or other monetary |
21 | | consideration that is the subject of the primary State |
22 | | contract. "Subcontractor" includes a sublessee under a |
23 | | State contract. |
24 | | (4.6) "Prime vendor" means any person or entity having |
25 | | a contract that is subject to this Act with a State agency |
26 | | or public institution of higher education. |
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1 | | (5) "State contracts" means all contracts entered into |
2 | | by the State, any agency or department thereof, or any |
3 | | public institution of higher education, including |
4 | | community college districts, regardless of the source of |
5 | | the funds with which the contracts are paid, which are not |
6 | | subject to federal reimbursement. "State contracts" does |
7 | | not include contracts awarded by a retirement system, |
8 | | pension fund, or investment board subject to Section |
9 | | 1-109.1 of the Illinois Pension Code. This definition |
10 | | shall control over any existing definition under this Act |
11 | | or applicable administrative rule. |
12 | | "State construction contracts" means all State |
13 | | contracts entered into by a State agency or public |
14 | | institution of higher education for the repair, |
15 | | remodeling, renovation or construction of a building or |
16 | | structure, or for the construction or maintenance of a |
17 | | highway defined in Article 2 of the Illinois Highway Code. |
18 | | (6) "State agencies" shall mean all departments, |
19 | | officers, boards, commissions, institutions and bodies |
20 | | politic and corporate of the State, but does not include |
21 | | the Board of Trustees of the University of Illinois, the |
22 | | Board of Trustees of Southern Illinois University, the |
23 | | Board of Trustees of Chicago State University, the Board |
24 | | of Trustees of Eastern Illinois University, the Board of |
25 | | Trustees of Governors State University, the Board of |
26 | | Trustees of Illinois State University, the Board of |
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1 | | Trustees of Northeastern Illinois University, the Board of |
2 | | Trustees of Northern Illinois University, the Board of |
3 | | Trustees of Western Illinois University, municipalities or |
4 | | other local governmental units, or other State |
5 | | constitutional officers. |
6 | | (7) "Public institutions of higher education" means |
7 | | the University of Illinois, Southern Illinois University, |
8 | | Chicago State University, Eastern Illinois University, |
9 | | Governors State University, Illinois State University, |
10 | | Northeastern Illinois University, Northern Illinois |
11 | | University, Western Illinois University, the public |
12 | | community colleges of the State, and any other public |
13 | | universities, colleges, and community colleges now or |
14 | | hereafter established or authorized by the General |
15 | | Assembly. |
16 | | (8) "Certification" means a determination made by the |
17 | | Council or by one delegated authority from the Council to |
18 | | make certifications, or by a State agency with statutory |
19 | | authority to make such a certification, that a business |
20 | | entity is a business owned by a minority, woman, or person |
21 | | with a disability for whatever purpose. A business owned |
22 | | and controlled by women shall be certified as a |
23 | | "woman-owned business". A business owned and controlled by |
24 | | women who are also minorities shall be certified as both a |
25 | | "women-owned business" and a "minority-owned business". |
26 | | (9) "Control" means the exclusive or ultimate and sole |
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1 | | control of the business including, but not limited to, |
2 | | capital investment and all other financial matters, |
3 | | property, acquisitions, contract negotiations, legal |
4 | | matters, officer-director-employee selection and |
5 | | comprehensive hiring, operating responsibilities, |
6 | | cost-control matters, income and dividend matters, |
7 | | financial transactions and rights of other shareholders or |
8 | | joint partners. Control shall be real, substantial and |
9 | | continuing, not pro forma. Control shall include the power |
10 | | to direct or cause the direction of the management and |
11 | | policies of the business and to make the day-to-day as |
12 | | well as major decisions in matters of policy, management |
13 | | and operations. Control shall be exemplified by possessing |
14 | | the requisite knowledge and expertise to run the |
15 | | particular business and control shall not include simple |
16 | | majority or absentee ownership. |
17 | | (10) "Business" means a business that has annual gross |
18 | | sales of less than $150,000,000 as evidenced by the |
19 | | federal income tax return of the business. A certified |
20 | | vendor with gross sales in excess of this cap may apply to |
21 | | the Council for certification for a particular contract if |
22 | | the vendor can demonstrate that the contract would have |
23 | | significant impact on businesses owned by minorities, |
24 | | women, or persons with disabilities as suppliers or |
25 | | subcontractors or in employment of minorities, women, or |
26 | | persons with disabilities. Firms with gross sales in |
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1 | | excess of this cap that are granted certification by the |
2 | | Council shall be granted certification for the life of the |
3 | | contract, including available renewals. |
4 | | (11) "Utilization plan" means an attachment that is |
5 | | made to all bids or proposals and that demonstrates the |
6 | | bidder's or offeror's efforts to meet the |
7 | | contract-specific Business Enterprise Program goal. The |
8 | | utilization plan shall indicate whether the prime vendor |
9 | | intends to meet the Business Enterprise Program goal |
10 | | through its own performance, if it is a certified vendor, |
11 | | or through the use of subcontractors that are certified |
12 | | vendors. The utilization plan shall demonstrate that the |
13 | | Vendor has either: (1) met the entire contract goal or (2) |
14 | | requested a full or partial waiver of the contract goal. |
15 | | If the prime vendor intends to use a subcontractor that is |
16 | | a certified vendor to fulfill the contract goal, a |
17 | | participation agreement executed between the prime vendor |
18 | | and the certified subcontractor must be included with the |
19 | | utilization plan. |
20 | | (12) "Business Enterprise Program" means the Business |
21 | | Enterprise Program of the Commission on Equity and |
22 | | Inclusion. |
23 | | (13) "Good faith effort" means actions undertaken by a |
24 | | vendor to achieve a contract specific Business Enterprise |
25 | | Program goal that, by scope, intensity, and |
26 | | appropriateness to the objective, can reasonably be |
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1 | | expected to fulfill the program's requirements. |
2 | | (B) When a business is owned at least 51% by any |
3 | | combination of minority persons, women, or persons with |
4 | | disabilities, even though none of the 3 classes alone holds at |
5 | | least a 51% interest, the ownership requirement for purposes |
6 | | of this Act is considered to be met. The certification |
7 | | category for the business is that of the class holding the |
8 | | largest ownership interest in the business. If 2 or more |
9 | | classes have equal ownership interests, the certification |
10 | | category shall be determined by the business. |
11 | | (Source: P.A. 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23; |
12 | | 103-570, eff. 1-1-24.) |
13 | | Section 23. The Illinois Public Aid Code is amended by |
14 | | changing Section 5-35 as follows: |
15 | | (305 ILCS 5/5-35) |
16 | | Sec. 5-35. Personal needs allowance. |
17 | | (a) For a person who is a resident in a facility licensed |
18 | | under the ID/DD Community Care Act, the Community-Integrated |
19 | | Living Arrangements Licensure and Certification Act, the |
20 | | Specialized Mental Health Rehabilitation Act of 2013, or the |
21 | | MC/DD Act for whom payments are made under this Article |
22 | | throughout a month and who is determined to be eligible for |
23 | | medical assistance under this Article, the State shall pay an |
24 | | amount in addition to the minimum monthly personal needs |
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1 | | allowance authorized under Section 1902(q) of Title XIX of the |
2 | | Social Security Act (42 U.S.C. 1396a(q) 1396(q) ) so that the |
3 | | person's total monthly personal needs allowance from both |
4 | | State and federal sources equals $60. |
5 | | (b) Beginning January 1, 2025, for a person who is a |
6 | | resident in a facility licensed under the Community-Integrated |
7 | | Living Arrangements Licensure and Certification Act for whom |
8 | | payments are made under this Article throughout a month and |
9 | | who is determined to be eligible for medical assistance under |
10 | | this Article, the State shall pay an amount in addition to the |
11 | | minimum monthly personal needs allowance authorized under |
12 | | Section 1902(q) of Title XIX of the Social Security Act so that |
13 | | the person's total monthly personal needs allowance from both |
14 | | State and federal sources equals $100. |
15 | | (c) Beginning January 1, 2026, the personal needs |
16 | | allowance described in subsection (b) shall increase annually |
17 | | at the same rate as the Social Security cost-of-living |
18 | | adjustment to take effect on January 1 of each year. |
19 | | (Source: P.A. 100-23, eff. 7-6-17.) |
20 | | Section 25. The Minimum Wage Law is amended by changing |
21 | | Section 10 as follows: |
22 | | (820 ILCS 105/10) (from Ch. 48, par. 1010) |
23 | | Sec. 10. (a) The Director shall make and revise |
24 | | administrative regulations, including definitions of terms, as |
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1 | | the Director he deems appropriate to carry out the purposes of |
2 | | this Act, to prevent the circumvention or evasion thereof, and |
3 | | to safeguard the minimum wage established by the Act. |
4 | | Regulations governing employment of learners may be issued |
5 | | only after notice and opportunity for public hearing, as |
6 | | provided in subsection (c) of this Section. |
7 | | (b) In order to prevent curtailment of opportunities for |
8 | | employment, avoid undue hardship, and safeguard the minimum |
9 | | wage rate under this Act, the Director may also issue |
10 | | regulations providing for the employment of workers with |
11 | | disabilities and learners at wages lower than the wage rate |
12 | | applicable under this Act, under permits and for such periods |
13 | | of time as specified therein; and providing for the employment |
14 | | of learners at wages lower than the wage rate applicable under |
15 | | this Act as follows: |
16 | | (1) The Director may issue regulations for the |
17 | | employment of workers with disabilities at wages lower |
18 | | than the wage rate applicable under this Act, under |
19 | | permits and for such periods of time as specified therein. |
20 | | Such . However, such regulation shall not permit lower |
21 | | wages for persons with disabilities on any basis that is |
22 | | unrelated to such person's ability resulting from his |
23 | | disability, and such regulation may be issued only after |
24 | | notice and opportunity for public hearing as provided in |
25 | | subsection (c) of this Section. All certificates issued |
26 | | for the employment of workers with disabilities in |
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1 | | accordance with this Section in effect on July 1, 2029, |
2 | | shall expire on that date, and the Director may not issue |
3 | | any such certificates after that date. |
4 | | (2) The Director may issue regulations for the |
5 | | employment of learners at wages lower than the wage rate |
6 | | applicable under this Act. Regulations governing |
7 | | employment of learners may be issued only after notice and |
8 | | opportunity for public hearing, as provided in subsection |
9 | | (c) of this Section. |
10 | | (c) Prior to the adoption, amendment or repeal of any rule |
11 | | or regulation by the Director under this Act, except |
12 | | regulations which concern only the internal management of the |
13 | | Department of Labor and do not affect any public right |
14 | | provided by this Act, the Director shall give proper notice to |
15 | | persons in any industry or occupation that may be affected by |
16 | | the proposed rule or regulation, and hold a public hearing on |
17 | | the his proposed action at which any such affected person, or |
18 | | the person's his duly authorized representative, may attend |
19 | | and testify or present other evidence for or against such |
20 | | proposed rule or regulation. Rules and regulations adopted |
21 | | under this Section shall be filed with the Secretary of State |
22 | | in compliance with the Illinois Administrative Procedure Act |
23 | | "An Act concerning administrative rules", as now or hereafter |
24 | | amended . |
25 | | (d) The commencement of proceedings by any person |
26 | | aggrieved by an administrative regulation issued under this |
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1 | | Act does not, unless specifically ordered by the Court, |
2 | | operate as a stay of that administrative regulation against |
3 | | other persons. The Court shall not grant any stay of an |
4 | | administrative regulation unless the person complaining of |
5 | | such regulation files in the Court an undertaking with a |
6 | | surety or sureties satisfactory to the Court for the payment |
7 | | to the employees affected by the regulation, in the event such |
8 | | regulation is affirmed, of the amount by which the |
9 | | compensation such employees are entitled to receive under the |
10 | | regulation exceeds the compensation they actually receive |
11 | | while such stay is in effect. |
12 | | (e) The Department may adopt emergency rules in accordance |
13 | | with Section 5-45 of the Illinois Administrative Procedure Act |
14 | | to implement the changes made by this amendatory Act of the |
15 | | 101st General Assembly. |
16 | | (Source: P.A. 103-363, eff. 7-28-23.) |
17 | | (820 ILCS 105/5 rep.) |
18 | | Section 30. The Minimum Wage Law is amended by repealing |
19 | | Section 5. |
20 | | Section 99. Effective date. This Act takes effect upon |
21 | | becoming law.". |