Illinois General Assembly - Full Text of HB0793
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0793  103rd General Assembly



HB0793 EngrossedLRB103 04385 RPS 49391 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Reference to Act. This Act may be referred to as
5the Dignity in Pay Act.
6    Section 3. Declaration of policy and intent.
7    (a) Section 14(c) of the federal Fair Labor Standards Act
8of 1938 provides for the employment of persons with
9disabilities at wage rates below the statutory federal minimum
10wage. Among those who have worked for subminimum wages in
11Illinois are people with intellectual, developmental,
12physical, and sensory disabilities, including those who are
13blind or deaf or are diagnosed with cerebral palsy, spina
14bifida, or Down syndrome. Section 14(c) authorizations result
15in a national average wage of approximately $3 per hour for
16disabled workers who have engaged in work activities under a
1714(c) wage certificate.
18    Data released in October 2022 from the United States
19Department of Labor shows that Illinois ranks second in the
20nation in the number of 14(c) certificates issued or pending,
21with several thousand Illinois residents with disabilities
22engaged in activities compensated below minimum wage. These
23activities most often occur in congregate work centers (also



HB0793 Engrossed- 2 -LRB103 04385 RPS 49391 b

1known as facility-based employment or sheltered workshops)
2some of which may have the effect of isolating people with
3disabilities from the greater community.
4    The Illinois Employment First Act stipulates that
5"competitive and integrated employment shall be considered the
6first option when serving persons with disabilities of working
7age." Across the United States, 13 states have passed
8legislation to eliminate subminimum wages for persons with
10    Ensuring that persons with disabilities have the
11opportunity to pursue employment paid in an amount equal to
12the minimum wage or higher is a critical element to achieving
13the goals of the Illinois Employment First Act.
14    On October 4, 2021, the Governor signed Executive Order 26
15(2021), which now requires all contracts through the Illinois
16State Use Program that employ persons with disabilities to
17provide payment to workers at no less than the applicable
18local, if higher, or Illinois minimum wage for all employees
19performing work on the contract.
20    (b) Additional service enhancements, rate adjustments,
21investments, and policy changes are needed to address systemic
22barriers to assist persons with disabilities to access
23increased employment opportunities and earn at or above the
24Illinois minimum wage.
25    (c) Collaborative partnerships between State agencies and
26key stakeholder organizations, including, but not limited to,



HB0793 Engrossed- 3 -LRB103 04385 RPS 49391 b

1those noted in this amendatory Act of the 103rd General
2Assembly, shall result in a complete phase out of Illinois
314(c) certificates on July 1, 2027, unless a subsequent Act by
4the General Assembly authorizes an earlier date for phase out.
5    Section 5. The Department of Human Services Act is amended
6by adding Sections 1-85 and 1-90 as follows:
7    (20 ILCS 1305/1-85 new)
8    Sec. 1-85. Elimination of Section 14(c) certificates. The
9Department, in partnership with other State agencies,
10including the Department of Labor, the Department of
11Healthcare and Family Services, the Department of Central
12Management Services, the Department of Commerce and Economic
13Opportunity, the Department of Employment Security, and the
14State Board of Education, shall eliminate on July 1, 2027 the
15use of active or pending 14(c) certificates authorized under
16the federal Fair Labor Standards Act of 1938, as well as
17authorizations permitted under Sections 5 and 10 of the
18Minimum Wage Law to pay an employee with a disability less than
19the minimum wage otherwise required for employees under
20Section 4 of the Minimum Wage Law.
21    (20 ILCS 1305/1-90 new)
22    Sec. 1-90. Transition Grant Fund.
23    (a) The 14(c) Transition Grant Fund is created as a



HB0793 Engrossed- 4 -LRB103 04385 RPS 49391 b

1special fund in the State treasury. Moneys in the Fund shall be
2used, subject to appropriation, by the Department for
3community agencies with active or pending 14(c) certificates
4to aid in the transition away from subminimum wages for
5employees with disabilities. The goal of the 14(c) Transition
6Grant Fund is to develop new opportunities and programs and
7grow capacity to respond to the needs of individuals with
8disabilities in their geographic area, such as supported
9employment programs and diverse day programs that support
10meaningful days, choice, and community integration. The Fund
11may be used to provide wage subsidies to employers who offer
12integrated work options to workers with disabilities who
13previously worked for subminimum wages.
14    (b) The Department shall adopt rules establishing a
15process for the equitable and transparent administration of
16the Fund.
17    Section 7. The Employment and Economic Opportunity for
18Persons with Disabilities Task Force Act is amended by adding
19Section 16 as follows:
20    (20 ILCS 4095/16 new)
21    Sec. 16. Multi-year plan towards elimination of 14(c)
22certificates. By no later than July 1, 2025, the Employment
23and Economic Opportunity for Persons with Disabilities Task
24Force shall create a multi-year plan of recommended actions,



HB0793 Engrossed- 5 -LRB103 04385 RPS 49391 b

1outcomes, and benchmarks in accordance with paragraphs (1)
2through (3) to help the State meets its goal to eliminate the
3use of 14(c) certificates on and after July 1, 2027.
4        (1) The multi-year plan shall include, but not be
5    limited to, all of the following:
6            (A) By no later than January 1, 2025,
7        identification, gathering, and analytics of data to
8        inform the work of the Task Force, including, but not
9        limited to:
10                (i) the total number of businesses utilizing
11            14(c) certificates;
12                (ii) the total number of persons with
13            disabilities who are paid subminimum wages or
14            average wages and the length of their employment;
15                (iii) the total number of persons with
16            disabilities engaged in competitive or integrated
17            employment, their average wages, and the length of
18            their employment; and
19                (iv) the total number of persons with
20            disabilities working in facility-based employment
21            paid at or above minimum wage.
22            (B) By no later than July 1, 2025, prepare a
23        multi-year plan, that includes, but is not limited to:
24                (i) recommended actions, including additional
25            statutory, regulatory, or policy measures;
26                (ii) recommended outcomes for each year of the



HB0793 Engrossed- 6 -LRB103 04385 RPS 49391 b

1            plan;
2                (iii) recommended benchmarks for each year of
3            the plan; and
4                (iv) recommended funding levels or federal and
5            State appropriations necessary to achieve
6            recommended outcomes.
7        (2) In developing the multi-year plan, the Task Force
8    shall consider all of the following:
9            (A) The personal choice of persons with
10        disabilities regarding employment goals and planning
11        in person-centered planning processes.
12            (B) The use of existing and emerging technologies
13        that could assist persons with disabilities in
14        achieving employment goals.
15            (C) The impact of access to reliable
16        transportation on achieving employment goals and
17        ongoing employment.
18            (D) The multitude of models utilized by school
19        districts and other resources on transition supports
20        for youth graduating high school or aging into adult
21        services and supports.
22            (E) The potential changes to State law,
23        regulations, or policies to protect means-tested
24        benefits for persons with disabilities as they pursue
25        employment-related goals.
26            (F) The education and training needs of staff



HB0793 Engrossed- 7 -LRB103 04385 RPS 49391 b

1        working in community-based provider agencies towards
2        advancing competitive, integrated work options for
3        persons with disabilities, in areas including, but not
4        limited to:
5                (i) employment options;
6                (ii) non-employment options;
7                (iii) home and community-based services and
8            supports;
9                (iv) self-advocacy;
10                (v) benefits management;
11                (vi) certification programs; and
12                (vii) mental health services and supports.
13            (G) Contracts between State agencies and
14        community-based providers that promote flexibility and
15        allow for expansion.
16            (H) Ongoing review of rates and reimbursements
17        that support various employment programs for persons
18        with disabilities, including competitive, integrated
19        employment, customized employment, and supported
20        employment.
21            (I) The need to further engage the private
22        business community to hire persons with disabilities
23        through incentives that may include specialized
24        educational opportunities, distribution of literature
25        at points of interaction with government licensing
26        agencies, and tax incentives to hiring persons with



HB0793 Engrossed- 8 -LRB103 04385 RPS 49391 b

1        disabilities.
2        (3) The Task Force shall submit the multi-year plan to
3    the Governor and the General Assembly by no later than
4    July 1, 2025. Annual reports on implementation shall be
5    required by no later than January 1 of each subsequent
6    year through January 1, 2030.
7        (4) The Task Force shall provide annual updates to the
8    Governor and the General Assembly through January 1, 2035
9    on the employment of persons with disabilities in
10    Illinois.
11    Section 10. The State Finance Act is amended by adding
12Section 5.990 as follows:
13    (30 ILCS 105/5.990 new)
14    Sec. 5.990. The 14(c) Transition Grant Fund.
15    Section 15. The Illinois Procurement Code is amended by
16changing Section 45-35 as follows:
17    (30 ILCS 500/45-35)
18    Sec. 45-35. Not-for-profit agencies for persons with
19significant disabilities.
20    (a) Qualification. Supplies and services may be procured
21without advertising or calling for bids from any qualified
22not-for-profit agency for persons with significant



HB0793 Engrossed- 9 -LRB103 04385 RPS 49391 b

1disabilities that:
2        (1) complies with Illinois laws governing private
3    not-for-profit organizations;
4        (2) is certified as a community rehabilitation
5    provider by the Department of Human Services is certified
6    as a work center by the Wage and Hour Division of the
7    United States Department of Labor or is an accredited
8    vocational program that provides transition services to
9    youth between the ages of 14 1/2 and 22 in accordance with
10    individualized education plans under Section 14-8.03 of
11    the School Code and that provides residential services at
12    a child care institution, as defined under Section 2.06 of
13    the Child Care Act of 1969, or at a group home, as defined
14    under Section 2.16 of the Child Care Act of 1969; and
15        (3) is accredited by a nationally-recognized
16    accrediting organization or certified as a day services
17    developmental training provider by the Department of Human
18    Services.
19    (b) Participation. To participate, the not-for-profit
20agency must have indicated an interest in providing the
21supplies and services, must meet the specifications and needs
22of the using agency, and must set a fair and reasonable price.
23    (c) Committee. There is created within the Department of
24Central Management Services a committee to facilitate the
25purchase of products and services from not-for-profit agencies
26that provide employment opportunities to persons with physical



HB0793 Engrossed- 10 -LRB103 04385 RPS 49391 b

1disabilities, intellectual or developmental disabilities,
2mental illnesses, or any combination thereof. This committee
3is called the State Use Committee. The State Use Committee
4shall consist of the Director of the Department of Central
5Management Services or his or her designee, the Secretary of
6the Department of Human Services or his or her designee, the
7Director of Commerce and Economic Opportunity or his or her
8designee, one public member representing private business who
9is knowledgeable of the employment needs and concerns of
10persons with developmental disabilities, one public member
11representing private business who is knowledgeable of the
12needs and concerns of rehabilitation facilities, one public
13member who is knowledgeable of the employment needs and
14concerns of persons with developmental disabilities, one
15public member who is knowledgeable of the needs and concerns
16of rehabilitation facilities, 2 members who have a disability,
172 public members from a statewide association that represents
18community-based rehabilitation facilities serving or
19supporting individuals with intellectual or developmental
20disabilities, and one public member from a disability-focused
21statewide advocacy group, all appointed by the Governor. The
22public members shall serve 2 year terms, commencing upon
23appointment and every 2 years thereafter. A public member may
24be reappointed, and vacancies shall be filled by appointment
25for the completion of the term. In the event there is a vacancy
26on the State Use Committee, the Governor must make an



HB0793 Engrossed- 11 -LRB103 04385 RPS 49391 b

1appointment to fill that vacancy within 30 calendar days after
2the notice of vacancy. The members shall serve without
3compensation but shall be reimbursed for expenses at a rate
4equal to that of State employees on a per diem basis by the
5Department of Central Management Services. All members shall
6be entitled to vote on issues before the State Use Committee.
7    The State Use Committee shall have the following powers
8and duties:
9        (1) To request from any State agency information as to
10    product specification and service requirements in order to
11    carry out its purpose.
12        (2) To meet quarterly or more often as necessary to
13    carry out its purposes.
14        (3) To request a quarterly report from each
15    participating qualified not-for-profit agency for persons
16    with significant disabilities describing the volume of
17    sales for each product or service sold under this Section.
18        (4) To prepare a report for the Governor and General
19    Assembly no later than December 31 of each year. The
20    requirement for reporting to the General Assembly shall be
21    satisfied by following the procedures set forth in Section
22    3.1 of the General Assembly Organization Act.
23        (5) To prepare a publication that lists all supplies
24    and services currently available from any qualified
25    not-for-profit agency for persons with significant
26    disabilities. This list and any revisions shall be



HB0793 Engrossed- 12 -LRB103 04385 RPS 49391 b

1    distributed to all purchasing agencies.
2        (6) To encourage diversity in supplies and services
3    provided by qualified not-for-profit agencies for persons
4    with significant disabilities and discourage unnecessary
5    duplication or competition among not-for-profit agencies.
6        (7) To develop guidelines to be followed by qualifying
7    agencies for participation under the provisions of this
8    Section. Guidelines shall include a list of national
9    accrediting organizations which satisfy the requirements
10    of item (3) of subsection (a) of this Section. The
11    guidelines shall be developed within 6 months after the
12    effective date of this Code and made available on a
13    nondiscriminatory basis to all qualifying agencies. The
14    new guidelines required under this item (7) by Public Act
15    100-203 shall be developed within 6 months after August
16    18, 2017 (the effective date of Public Act 100-203) and
17    made available on a non-discriminatory basis to all
18    qualifying not-for-profit agencies.
19        (8) To review all pricing submitted under the
20    provisions of this Section and may approve a proposed
21    agreement for supplies or services where the price
22    submitted is fair and reasonable. Review of pricing under
23    this paragraph may include, but is not limited to:
24            (A) Amounts private businesses would pay for
25        similar products or services.
26            (B) Amounts the federal government would pay



HB0793 Engrossed- 13 -LRB103 04385 RPS 49391 b

1        contractors for similar products or services.
2            (C) The amount paid by the State for similar
3        products or services.
4            (D) The actual cost of manufacturing the product
5        or performing a service at a community rehabilitation
6        program offering employment services on or off
7        premises to persons with disabilities or mental
8        illnesses, with adequate consideration given to legal
9        and moral imperatives to pay workers with disabilities
10        equitable wages.
11            (E) The usual, customary, and reasonable costs of
12        manufacturing, marketing, and distribution.
13        (9) To, not less than every 3 years, adopt a strategic
14    plan for increasing the number of products and services
15    purchased from qualified not-for-profit agencies for
16    persons with disabilities or mental illnesses, including
17    the feasibility of developing mandatory set-aside
18    contracts.
19    (c-5) Conditions for Use. Each chief procurement officer
20shall, in consultation with the State Use Committee, determine
21which articles, materials, services, food stuffs, and supplies
22that are produced, manufactured, or provided by persons with
23significant disabilities in qualified not-for-profit agencies
24shall be given preference by purchasing agencies procuring
25those items.
26    (d) (Blank).



HB0793 Engrossed- 14 -LRB103 04385 RPS 49391 b

1    (e) Subcontracts. Subcontracts shall be permitted for
2agreements authorized under this Section. For the purposes of
3this subsection (e), "subcontract" means any acquisition from
4another source of supplies, not including raw materials, or
5services required by a qualified not-for-profit agency to
6provide the supplies or services that are the subject of the
7contract between the State and the qualified not-for-profit
9    The State Use Committee shall develop guidelines to be
10followed by qualified not-for-profit agencies when seeking and
11establishing subcontracts with other persons or not-for-profit
12agencies in order to fulfill State contract requirements.
13These guidelines shall include the following:
14        (i) The State Use Committee must approve all
15    subcontracts and substantive amendments to subcontracts
16    prior to execution or amendment of the subcontract.
17        (ii) A qualified not-for-profit agency shall not enter
18    into a subcontract, or any combination of subcontracts, to
19    fulfill an entire requirement, contract, or order without
20    written State Use Committee approval.
21        (iii) A qualified not-for-profit agency shall make
22    reasonable efforts to utilize subcontracts with other
23    not-for-profit agencies for persons with significant
24    disabilities.
25        (iv) For any subcontract not currently performed by a
26    qualified not-for-profit agency, the primary qualified



HB0793 Engrossed- 15 -LRB103 04385 RPS 49391 b

1    not-for-profit agency must provide to the State Use
2    Committee the following: (A) a written explanation as to
3    why the subcontract is not performed by a qualified
4    not-for-profit agency, and (B) a written plan to transfer
5    the subcontract to a qualified not-for-profit agency, as
6    reasonable.
7(Source: P.A. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21.)
8    Section 20. The Business Enterprise for Minorities, Women,
9and Persons with Disabilities Act is amended by changing
10Section 2 as follows:
11    (30 ILCS 575/2)
12    (Section scheduled to be repealed on June 30, 2024)
13    Sec. 2. Definitions.
14    (A) For the purpose of this Act, the following terms shall
15have the following definitions:
16        (1) "Minority person" shall mean a person who is a
17    citizen or lawful permanent resident of the United States
18    and who is any of the following:
19            (a) American Indian or Alaska Native (a person
20        having origins in any of the original peoples of North
21        and South America, including Central America, and who
22        maintains tribal affiliation or community attachment).
23            (b) Asian (a person having origins in any of the
24        original peoples of the Far East, Southeast Asia, or



HB0793 Engrossed- 16 -LRB103 04385 RPS 49391 b

1        the Indian subcontinent, including, but not limited
2        to, Cambodia, China, India, Japan, Korea, Malaysia,
3        Pakistan, the Philippine Islands, Thailand, and
4        Vietnam).
5            (c) Black or African American (a person having
6        origins in any of the black racial groups of Africa).
7            (d) Hispanic or Latino (a person of Cuban,
8        Mexican, Puerto Rican, South or Central American, or
9        other Spanish culture or origin, regardless of race).
10            (e) Native Hawaiian or Other Pacific Islander (a
11        person having origins in any of the original peoples
12        of Hawaii, Guam, Samoa, or other Pacific Islands).
13        (2) "Woman" shall mean a person who is a citizen or
14    lawful permanent resident of the United States and who is
15    of the female gender.
16        (2.05) "Person with a disability" means a person who
17    is a citizen or lawful resident of the United States and is
18    a person qualifying as a person with a disability under
19    subdivision (2.1) of this subsection (A).
20        (2.1) "Person with a disability" means a person with a
21    severe physical or mental disability that:
22            (a) results from:
23            amputation,
24            arthritis,
25            autism,
26            blindness,



HB0793 Engrossed- 17 -LRB103 04385 RPS 49391 b

1            burn injury,
2            cancer,
3            cerebral palsy,
4            Crohn's disease,
5            cystic fibrosis,
6            deafness,
7            head injury,
8            heart disease,
9            hemiplegia,
10            hemophilia,
11            respiratory or pulmonary dysfunction,
12            an intellectual disability,
13            mental illness,
14            multiple sclerosis,
15            muscular dystrophy,
16            musculoskeletal disorders,
17            neurological disorders, including stroke and
18        epilepsy,
19            paraplegia,
20            quadriplegia and other spinal cord conditions,
21            sickle cell anemia,
22            ulcerative colitis,
23            specific learning disabilities, or
24            end stage renal failure disease; and
25            (b) substantially limits one or more of the
26        person's major life activities.



HB0793 Engrossed- 18 -LRB103 04385 RPS 49391 b

1        Another disability or combination of disabilities may
2    also be considered as a severe disability for the purposes
3    of item (a) of this subdivision (2.1) if it is determined
4    by an evaluation of rehabilitation potential to cause a
5    comparable degree of substantial functional limitation
6    similar to the specific list of disabilities listed in
7    item (a) of this subdivision (2.1).
8        (3) "Minority-owned business" means a business which
9    is at least 51% owned by one or more minority persons, or
10    in the case of a corporation, at least 51% of the stock in
11    which is owned by one or more minority persons; and the
12    management and daily business operations of which are
13    controlled by one or more of the minority individuals who
14    own it.
15        (4) "Women-owned business" means a business which is
16    at least 51% owned by one or more women, or, in the case of
17    a corporation, at least 51% of the stock in which is owned
18    by one or more women; and the management and daily
19    business operations of which are controlled by one or more
20    of the women who own it.
21        (4.1) "Business owned by a person with a disability"
22    means a business that is at least 51% owned by one or more
23    persons with a disability and the management and daily
24    business operations of which are controlled by one or more
25    of the persons with disabilities who own it. A
26    not-for-profit agency for persons with disabilities that



HB0793 Engrossed- 19 -LRB103 04385 RPS 49391 b

1    is exempt from taxation under Section 501 of the Internal
2    Revenue Code of 1986 is also considered a "business owned
3    by a person with a disability".
4        (4.2) "Council" means the Business Enterprise Council
5    for Minorities, Women, and Persons with Disabilities
6    created under Section 5 of this Act.
7        (4.3) "Commission" means, unless the context clearly
8    indicates otherwise, the Commission on Equity and
9    Inclusion created under the Commission on Equity and
10    Inclusion Act.
11        (5) "State contracts" means all contracts entered into
12    by the State, any agency or department thereof, or any
13    public institution of higher education, including
14    community college districts, regardless of the source of
15    the funds with which the contracts are paid, which are not
16    subject to federal reimbursement. "State contracts" does
17    not include contracts awarded by a retirement system,
18    pension fund, or investment board subject to Section
19    1-109.1 of the Illinois Pension Code. This definition
20    shall control over any existing definition under this Act
21    or applicable administrative rule.
22        "State construction contracts" means all State
23    contracts entered into by a State agency or public
24    institution of higher education for the repair,
25    remodeling, renovation or construction of a building or
26    structure, or for the construction or maintenance of a



HB0793 Engrossed- 20 -LRB103 04385 RPS 49391 b

1    highway defined in Article 2 of the Illinois Highway Code.
2        (6) "State agencies" shall mean all departments,
3    officers, boards, commissions, institutions and bodies
4    politic and corporate of the State, but does not include
5    the Board of Trustees of the University of Illinois, the
6    Board of Trustees of Southern Illinois University, the
7    Board of Trustees of Chicago State University, the Board
8    of Trustees of Eastern Illinois University, the Board of
9    Trustees of Governors State University, the Board of
10    Trustees of Illinois State University, the Board of
11    Trustees of Northeastern Illinois University, the Board of
12    Trustees of Northern Illinois University, the Board of
13    Trustees of Western Illinois University, municipalities or
14    other local governmental units, or other State
15    constitutional officers.
16        (7) "Public institutions of higher education" means
17    the University of Illinois, Southern Illinois University,
18    Chicago State University, Eastern Illinois University,
19    Governors State University, Illinois State University,
20    Northeastern Illinois University, Northern Illinois
21    University, Western Illinois University, the public
22    community colleges of the State, and any other public
23    universities, colleges, and community colleges now or
24    hereafter established or authorized by the General
25    Assembly.
26        (8) "Certification" means a determination made by the



HB0793 Engrossed- 21 -LRB103 04385 RPS 49391 b

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



HB0793 Engrossed- 22 -LRB103 04385 RPS 49391 b

1        (10) "Business" means a business that has annual gross
2    sales of less than $150,000,000 as evidenced by the
3    federal income tax return of the business. A firm with
4    gross sales in excess of this cap may apply to the Council
5    for certification for a particular contract if the firm
6    can demonstrate that the contract would have significant
7    impact on businesses owned by minorities, women, or
8    persons with disabilities as suppliers or subcontractors
9    or in employment of minorities, women, or persons with
10    disabilities. Firms with gross sales in excess of this cap
11    that are granted certification by the Council shall be
12    granted certification for the life of the contract,
13    including available renewals.
14        (11) "Utilization plan" means a form and additional
15    documentations included in all bids or proposals that
16    demonstrates a vendor's proposed utilization of vendors
17    certified by the Business Enterprise Program to meet the
18    targeted goal. The utilization plan shall demonstrate that
19    the Vendor has either: (1) met the entire contract goal or
20    (2) requested a full or partial waiver and made good faith
21    efforts towards meeting the goal.
22        (12) "Business Enterprise Program" means the Business
23    Enterprise Program of the Commission on Equity and
24    Inclusion.
25    (B) When a business is owned at least 51% by any
26combination of minority persons, women, or persons with



HB0793 Engrossed- 23 -LRB103 04385 RPS 49391 b

1disabilities, even though none of the 3 classes alone holds at
2least a 51% interest, the ownership requirement for purposes
3of this Act is considered to be met. The certification
4category for the business is that of the class holding the
5largest ownership interest in the business. If 2 or more
6classes have equal ownership interests, the certification
7category shall be determined by the business.
8(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
9102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
10    Section 23. The Illinois Public Aid Code is amended by
11changing Section 5-35 as follows:
12    (305 ILCS 5/5-35)
13    Sec. 5-35. Personal needs allowance.
14    (a) For a person who is a resident in a facility licensed
15under the ID/DD Community Care Act, the Community-Integrated
16Living Arrangements Licensure and Certification Act, the
17Specialized Mental Health Rehabilitation Act of 2013, or the
18MC/DD Act for whom payments are made under this Article
19throughout a month and who is determined to be eligible for
20medical assistance under this Article, the State shall pay an
21amount in addition to the minimum monthly personal needs
22allowance authorized under Section 1902(q) of Title XIX of the
23Social Security Act (42 U.S.C. 1396(q)) so that the person's
24total monthly personal needs allowance from both State and



HB0793 Engrossed- 24 -LRB103 04385 RPS 49391 b

1federal sources equals $60.
2    (b) Beginning January 1, 2024, for a person who is a
3resident in a facility licensed under the Community-Integrated
4Living Arrangements Licensure and Certification Act for whom
5payments are made under this Article throughout a month and
6who is determined to be eligible for medical assistance under
7this Article, the State shall pay an amount in addition to the
8minimum monthly personal needs allowance authorized under
9Section 1902(q) of Title XIX of the Social Security Act so that
10the person's total monthly personal needs allowance from both
11State and federal sources equals $100.
12    (c) Beginning January 1, 2025, the personal needs
13allowance described in subsection (b) shall increase annually
14at the same rate as the Social Security cost-of-living
15adjustment to take effect on January 1 of each year.
16(Source: P.A. 100-23, eff. 7-6-17.)
17    Section 25. The Minimum Wage Law is amended by changing
18Section 10 as follows:
19    (820 ILCS 105/10)  (from Ch. 48, par. 1010)
20    Sec. 10. (a) The Director shall make and revise
21administrative regulations, including definitions of terms, as
22the Director he deems appropriate to carry out the purposes of
23this Act, to prevent the circumvention or evasion thereof, and
24to safeguard the minimum wage established by the Act.



HB0793 Engrossed- 25 -LRB103 04385 RPS 49391 b

1Regulations governing employment of learners may be issued
2only after notice and opportunity for public hearing, as
3provided in subsection (c) of this Section.
4    (b) In order to prevent curtailment of opportunities for
5employment, avoid undue hardship, and safeguard the minimum
6wage rate under this Act, the Director may also issue
7regulations providing for the employment of workers with
8disabilities at wages lower than the wage rate applicable
9under this Act, under permits and for such periods of time as
10specified therein; and providing for the employment of
11learners at wages lower than the wage rate applicable under
12this Act. However, such regulation shall not permit lower
13wages for persons with disabilities on any basis that is
14unrelated to such person's ability resulting from his
15disability, and such regulation may be issued only after
16notice and opportunity for public hearing as provided in
17subsection (c) of this Section. This subsection (b) is
18inoperative on and after July 1, 2027.
19    (c) Prior to the adoption, amendment or repeal of any rule
20or regulation by the Director under this Act, except
21regulations which concern only the internal management of the
22Department of Labor and do not affect any public right
23provided by this Act, the Director shall give proper notice to
24persons in any industry or occupation that may be affected by
25the proposed rule or regulation, and hold a public hearing on
26the Director's his proposed action at which any such affected



HB0793 Engrossed- 26 -LRB103 04385 RPS 49391 b

1person, or the Director's his duly authorized representative,
2may attend and testify or present other evidence for or
3against such proposed rule or regulation. Rules and
4regulations adopted under this Section shall be filed with the
5Secretary of State in compliance with "An Act concerning
6administrative rules", as now or hereafter amended. Such
7adopted and filed rules and regulations shall become effective
810 days after copies thereof have been mailed by the
9Department to persons in industries affected thereby at their
10last known address.
11    (d) The commencement of proceedings by any person
12aggrieved by an administrative regulation issued under this
13Act does not, unless specifically ordered by the Court,
14operate as a stay of that administrative regulation against
15other persons. The Court shall not grant any stay of an
16administrative regulation unless the person complaining of
17such regulation files in the Court an undertaking with a
18surety or sureties satisfactory to the Court for the payment
19to the employees affected by the regulation, in the event such
20regulation is affirmed, of the amount by which the
21compensation such employees are entitled to receive under the
22regulation exceeds the compensation they actually receive
23while such stay is in effect.
24    (e) The Department may adopt emergency rules in accordance
25with Section 5-45 of the Illinois Administrative Procedure Act
26to implement the changes made by this amendatory Act of the



HB0793 Engrossed- 27 -LRB103 04385 RPS 49391 b

1101st General Assembly.
2(Source: P.A. 101-1, eff. 2-19-19.)
3    (820 ILCS 105/5 rep.)
4    Section 30. The Minimum Wage Law is amended by repealing
5Section 5.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.