Bill Text: IL HB0793 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Reinserts the provisions of House Amendment No. 1 with the following changes. Further amends the Department of Human Services Act. Requires the Department of Human Services to eliminate on December 31, 2029 (rather than July 1, 2027) the use of active or pending certificates authorized under Section 14(c) the federal Fair Labor Standards Act of 1938. Requires the Department of Healthcare and Family Services, in partnership with the Department of Human Services, to file an amendment to the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities authorized under the Social Security Act to increase the rates for the following waiver services: Supported Employment - Small Group Supports. Requires the amendment to be filed by January 1, 2025. Removes provisions creating a Transition Grant Fund and instead provides that the Department shall establish a Section 14(c) transition program to award transition grants to eligible community agencies with active or pending Section 14(c) certificates to aid in the transition away from subminimum wages for workers with disabilities. Provides that eligibility for the grants shall be contingent upon community agencies submitting a transition plan. Requires the Department to provide example plans that community agencies may adapt and to award transition program grant funds by January 1, 2025 in compliance with the Grant Accountability and Transparency Act. Contains provisions on appropriate uses for the grant funds. Requires the Department to submit annual status reports to the Governor and the General Assembly that include data on each grant recipient to demonstrate progress toward identified benchmarks. Further amends the Employment and Economic Opportunity for Persons with Disabilities Task Force Act. In provisions requiring the Employment and Economic Opportunity for Persons with Disabilities Task Force to create a multi-year plan to eliminate Section 14(c) certificates, requires the Task Force to create the multi-year plan with the Illinois Council on Developmental Disabilities and an academic partner with relevant subject matter expertise. Provides that the multi-year plan shall help the State to successfully eliminate the use of Section 14(c) certificates on December 31, 2029 (rather than July 1, 2027). Sets forth certain considerations the Task Force must make when developing the multi-year plan; data and analysis to be included in the multi-year plan; and other matters. Provides that the Task Force shall consult with employment service providers, people with disabilities, disability trade associations, and disability advocacy organizations in the development of the multi-year plan. Requires the Governor to appoint at least 2 additional members to the Task Force who represent organizations that are current Section 14(c) certificate holders. Provides that the Director of Labor, or the Director's designee, shall serve on the Task Force in a non-voting, advisory capacity until July 1, 2025. Further amends the Medical Assistance Article of the Illinois Public Aid Code concerning personal needs allowance increases for residents of community-integrated living arrangements. Further amends the Minimum Wage Law. Permits the Director of Labor to issue regulations for the employment of learners at wages lower than the wage rate applicable under the Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 54-0)
Status: (Engrossed) 2024-06-26 - Added as Alternate Co-Sponsor Sen. Mattie Hunter [HB0793 Detail]
Download: Illinois-2023-HB0793-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. Reference to Act. This Act may be referred to as | ||||||
5 | the Dignity in Pay Act.
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6 | Section 3. Declaration of policy and intent. | ||||||
7 | (a) Section 14(c) of the federal Fair Labor Standards Act | ||||||
8 | of 1938 provides for the employment of persons with | ||||||
9 | disabilities at wage rates below the statutory federal minimum | ||||||
10 | wage. Among those who have worked for subminimum wages in | ||||||
11 | Illinois are people with intellectual, developmental, | ||||||
12 | physical, and sensory disabilities, including those who are | ||||||
13 | blind or deaf or are diagnosed with cerebral palsy, spina | ||||||
14 | bifida, or Down syndrome. Section 14(c) authorizations result | ||||||
15 | in a national average wage of approximately $3 per hour for | ||||||
16 | disabled workers who have engaged in work activities under a | ||||||
17 | 14(c) wage certificate. | ||||||
18 | Data released in October 2022 from the United States | ||||||
19 | Department of Labor shows that Illinois ranks second in the | ||||||
20 | nation in the number of 14(c) certificates issued or pending, | ||||||
21 | with several thousand Illinois residents with disabilities | ||||||
22 | engaged in activities compensated below minimum wage. These | ||||||
23 | activities most often occur in congregate work centers (also |
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1 | known as facility-based employment or sheltered workshops) | ||||||
2 | some of which may have the effect of isolating people with | ||||||
3 | disabilities from the greater community. | ||||||
4 | The Illinois Employment First Act stipulates that | ||||||
5 | "competitive and integrated employment shall be considered the | ||||||
6 | first option when serving persons with disabilities of working | ||||||
7 | age." Across the United States, 13 states have passed | ||||||
8 | legislation to eliminate subminimum wages for persons with | ||||||
9 | disabilities. | ||||||
10 | Ensuring that persons with disabilities have the | ||||||
11 | opportunity to pursue employment paid in an amount equal to | ||||||
12 | the minimum wage or higher is a critical element to achieving | ||||||
13 | the 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 | ||||||
16 | State Use Program that employ persons with disabilities to | ||||||
17 | provide payment to workers at no less than the applicable | ||||||
18 | local, if higher, or Illinois minimum wage for all employees | ||||||
19 | performing work on the contract. | ||||||
20 | (b) Additional service enhancements, rate adjustments, | ||||||
21 | investments, and policy changes are needed to address systemic | ||||||
22 | barriers to assist persons with disabilities to access | ||||||
23 | increased employment opportunities and earn at or above the | ||||||
24 | Illinois minimum wage. | ||||||
25 | (c) Collaborative partnerships between State agencies and | ||||||
26 | key stakeholder organizations, including, but not limited to, |
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1 | those noted in this amendatory Act of the 103rd General | ||||||
2 | Assembly, shall result in a complete phase out of Illinois | ||||||
3 | 14(c) certificates on July 1, 2027, unless a subsequent Act by | ||||||
4 | the General Assembly authorizes an earlier date for phase out.
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5 | Section 5. The Department of Human Services Act is amended | ||||||
6 | by adding Sections 1-85 and 1-90 as follows:
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7 | (20 ILCS 1305/1-85 new) | ||||||
8 | Sec. 1-85. Elimination of Section 14(c) certificates. The | ||||||
9 | Department, in partnership with other State agencies, | ||||||
10 | including the Department of Labor, the Department of | ||||||
11 | Healthcare and Family Services, the Department of Central | ||||||
12 | Management Services, the Department of Commerce and Economic | ||||||
13 | Opportunity, the Department of Employment Security, and the | ||||||
14 | State Board of Education, shall eliminate on July 1, 2027 the | ||||||
15 | use of active or pending 14(c) certificates authorized under | ||||||
16 | the federal Fair Labor Standards Act of 1938, as well as | ||||||
17 | authorizations permitted under
Sections 5 and 10 of the | ||||||
18 | Minimum Wage Law to pay an employee
with a disability less than | ||||||
19 | the minimum wage otherwise
required for employees under | ||||||
20 | Section 4 of the Minimum Wage Law.
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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 |
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1 | special fund in the State treasury. Moneys in the Fund shall be | ||||||
2 | used, subject to appropriation, by the Department for | ||||||
3 | community agencies with active or pending 14(c) certificates | ||||||
4 | to aid in the transition away from subminimum wages for | ||||||
5 | employees with disabilities. The goal of the 14(c) Transition | ||||||
6 | Grant Fund is to develop new opportunities and programs and | ||||||
7 | grow capacity to respond to the needs of individuals with | ||||||
8 | disabilities in their geographic area, such as supported | ||||||
9 | employment programs and diverse day programs that support | ||||||
10 | meaningful days, choice, and community integration. The Fund | ||||||
11 | may be used to provide wage subsidies to employers who offer | ||||||
12 | integrated work options to workers with disabilities who | ||||||
13 | previously worked for subminimum wages. | ||||||
14 | (b) The Department shall adopt rules establishing a | ||||||
15 | process for the equitable and transparent administration of | ||||||
16 | the Fund.
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17 | Section 7. The Employment and Economic Opportunity for | ||||||
18 | Persons with Disabilities Task Force Act is amended by adding | ||||||
19 | Section 16 as follows:
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20 | (20 ILCS 4095/16 new) | ||||||
21 | Sec. 16. Multi-year plan towards elimination of 14(c) | ||||||
22 | certificates. By no later than July 1, 2025, the Employment | ||||||
23 | and Economic Opportunity for Persons with Disabilities Task | ||||||
24 | Force shall create a multi-year plan of recommended actions, |
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1 | outcomes, and benchmarks in accordance with paragraphs (1) | ||||||
2 | through (3) to help the State meets its goal to eliminate the | ||||||
3 | use 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 |
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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 |
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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 |
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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.
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11 | Section 10. The State Finance Act is amended by adding | ||||||
12 | Section 5.990 as follows:
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13 | (30 ILCS 105/5.990 new) | ||||||
14 | Sec. 5.990. The 14(c) Transition Grant Fund.
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15 | Section 15. The Illinois Procurement Code is amended by | ||||||
16 | changing Section 45-35 as follows:
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17 | (30 ILCS 500/45-35)
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18 | Sec. 45-35. Not-for-profit agencies for persons with | ||||||
19 | significant disabilities. | ||||||
20 | (a) Qualification. Supplies and services may be procured
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21 | without advertising or calling
for bids from any qualified | ||||||
22 | not-for-profit agency for persons with significant |
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1 | disabilities that:
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2 | (1) complies with Illinois laws governing private
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3 | not-for-profit organizations;
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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
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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
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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
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18 | Services.
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19 | (b) Participation. To participate, the not-for-profit
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20 | agency must have indicated an
interest in providing the | ||||||
21 | supplies and services, must meet the
specifications and needs | ||||||
22 | of the
using agency, and must set a fair and reasonable price.
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23 | (c) Committee. There is created within the Department of
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24 | Central Management
Services a committee to facilitate the | ||||||
25 | purchase of products and
services from not-for-profit agencies | ||||||
26 | that provide employment opportunities to persons with physical |
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1 | disabilities, intellectual or developmental disabilities, | ||||||
2 | mental illnesses, or any combination thereof. This committee | ||||||
3 | is called the State Use Committee. The State Use Committee | ||||||
4 | shall consist of the Director of the
Department of Central
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5 | Management Services or his or her designee, the Secretary of | ||||||
6 | the Department
of Human Services or his or her designee, the | ||||||
7 | Director of Commerce and Economic Opportunity or his or her | ||||||
8 | designee, one public member representing private business who | ||||||
9 | is knowledgeable of the employment needs and concerns of | ||||||
10 | persons with developmental disabilities, one public member | ||||||
11 | representing private business who is knowledgeable of the | ||||||
12 | needs and concerns of rehabilitation facilities, one public | ||||||
13 | member who is knowledgeable of the employment needs and | ||||||
14 | concerns of persons with developmental disabilities, one | ||||||
15 | public member who is knowledgeable of the needs and concerns | ||||||
16 | of rehabilitation facilities, 2 members who have a disability, | ||||||
17 | 2 public members from a statewide association that represents | ||||||
18 | community-based rehabilitation facilities serving or | ||||||
19 | supporting individuals with intellectual or developmental | ||||||
20 | disabilities, and one public member from a disability-focused | ||||||
21 | statewide advocacy group, all appointed by the
Governor. The | ||||||
22 | public
members shall serve 2 year terms, commencing upon | ||||||
23 | appointment and
every 2 years thereafter.
A public member may | ||||||
24 | be reappointed, and vacancies shall be filled by
appointment | ||||||
25 | for the
completion of the term. In the event there is a vacancy | ||||||
26 | on the State Use Committee, the Governor must make an |
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1 | appointment to fill that vacancy within 30 calendar days after | ||||||
2 | the notice of vacancy. The members shall serve without
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3 | compensation but shall be reimbursed
for expenses at a rate | ||||||
4 | equal to that of State employees on a per
diem basis by the | ||||||
5 | Department
of Central Management Services. All members shall | ||||||
6 | be entitled to
vote on issues before the
State Use Committee.
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7 | The State Use Committee shall have the following powers | ||||||
8 | and duties:
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9 | (1) To request from any State agency information as to
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10 | product specification
and service requirements in order to | ||||||
11 | carry out its purpose.
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12 | (2) To meet quarterly or more often as necessary to
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13 | carry out its purposes.
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14 | (3) To request a quarterly report from each
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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.
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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.
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23 | (5) To prepare a publication that lists all supplies
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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 |
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1 | distributed to all purchasing agencies.
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2 | (6) To encourage diversity in supplies and services
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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.
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6 | (7) To develop guidelines to be followed by qualifying
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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
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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.
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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:
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24 | (A) Amounts private businesses would pay for | ||||||
25 | similar products or services. | ||||||
26 | (B) Amounts the federal government would pay |
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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 | ||||||
20 | shall, in consultation with the State Use Committee, determine | ||||||
21 | which articles, materials, services, food stuffs, and supplies | ||||||
22 | that are produced, manufactured, or provided by persons with | ||||||
23 | significant disabilities in qualified not-for-profit agencies | ||||||
24 | shall be given preference by purchasing agencies procuring | ||||||
25 | those items. | ||||||
26 | (d) (Blank).
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1 | (e) Subcontracts. Subcontracts shall be permitted for | ||||||
2 | agreements authorized under this Section. For the purposes of | ||||||
3 | this subsection (e), "subcontract" means any acquisition from | ||||||
4 | another source of supplies, not including raw materials, or | ||||||
5 | services required by a qualified not-for-profit agency to | ||||||
6 | provide the supplies or services that are the subject of the | ||||||
7 | contract between the State and the qualified not-for-profit | ||||||
8 | agency. | ||||||
9 | The State Use Committee shall develop guidelines to be | ||||||
10 | followed by qualified not-for-profit agencies when seeking and | ||||||
11 | establishing subcontracts with other persons or not-for-profit | ||||||
12 | agencies in order to fulfill State contract requirements. | ||||||
13 | These 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 |
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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.)
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8 | Section 20. The Business Enterprise for Minorities, Women, | ||||||
9 | and Persons with
Disabilities Act is amended by changing | ||||||
10 | Section 2 as follows:
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11 | (30 ILCS 575/2)
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12 | (Section scheduled to be repealed on June 30, 2024) | ||||||
13 | Sec. 2. Definitions.
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14 | (A) For the purpose of this Act, the following
terms shall | ||||||
15 | have the following definitions:
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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:
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19 | (a) American Indian or Alaska Native (a person | ||||||
20 | having origins in any of the original peoples of North | ||||||
21 | and South America, including Central America, and who | ||||||
22 | maintains tribal affiliation or community attachment). | ||||||
23 | (b) Asian (a person having origins in any of the | ||||||
24 | original peoples of the Far East, Southeast Asia, or |
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1 | the Indian subcontinent, including, but not limited | ||||||
2 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
3 | Pakistan, the Philippine Islands, Thailand, and | ||||||
4 | Vietnam). | ||||||
5 | (c) Black or African American (a person having | ||||||
6 | origins in any of the black racial groups of Africa). | ||||||
7 | (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).
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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.
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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).
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20 | (2.1) "Person with a disability" means a person with a | ||||||
21 | severe physical or mental disability that:
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22 | (a) results from:
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23 | amputation,
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24 | arthritis,
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25 | autism,
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26 | blindness,
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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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
26 | combination of
minority persons, women, or persons with |
| |||||||
| |||||||
1 | disabilities,
even though none of the 3 classes alone holds at | ||||||
2 | least a 51% interest, the
ownership
requirement for purposes | ||||||
3 | of this Act is considered to be met. The
certification | ||||||
4 | category for the business is that of the class holding the
| ||||||
5 | largest ownership
interest in the business. If 2 or more | ||||||
6 | classes have equal ownership interests,
the certification | ||||||
7 | category shall be determined by
the business.
| ||||||
8 | (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; | ||||||
9 | 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
| ||||||
10 | Section 23. The Illinois Public Aid Code is amended by | ||||||
11 | changing 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 | ||||||
15 | under the ID/DD Community Care Act, the Community-Integrated | ||||||
16 | Living Arrangements Licensure and Certification Act, the | ||||||
17 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
18 | MC/DD Act for whom payments are made under this Article | ||||||
19 | throughout a month and who is determined to be eligible for | ||||||
20 | medical assistance under this Article, the State shall pay an | ||||||
21 | amount in addition to the minimum monthly personal needs | ||||||
22 | allowance authorized under Section 1902(q) of Title XIX of the | ||||||
23 | Social Security Act (42 U.S.C. 1396(q)) so that the person's | ||||||
24 | total monthly personal needs allowance from both State and |
| |||||||
| |||||||
1 | federal sources equals $60.
| ||||||
2 | (b) Beginning January 1, 2024, for a person who is a | ||||||
3 | resident in a facility licensed under the Community-Integrated | ||||||
4 | Living Arrangements Licensure and Certification Act for whom | ||||||
5 | payments are made under this Article throughout a month and | ||||||
6 | who is determined to be eligible for medical assistance under | ||||||
7 | this Article, the State shall pay an amount in addition to the | ||||||
8 | minimum monthly personal needs allowance authorized under | ||||||
9 | Section 1902(q) of Title XIX of the Social Security Act so that | ||||||
10 | the person's total monthly personal needs allowance from both | ||||||
11 | State and federal sources equals $100. | ||||||
12 | (c) Beginning January 1, 2025, the personal needs | ||||||
13 | allowance described in subsection (b) shall increase annually | ||||||
14 | at the same rate as the Social Security cost-of-living | ||||||
15 | adjustment 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 | ||||||
18 | Section 10 as follows:
| ||||||
19 | (820 ILCS 105/10) (from Ch. 48, par. 1010)
| ||||||
20 | Sec. 10.
(a) The Director shall make and revise | ||||||
21 | administrative regulations,
including definitions of terms, as | ||||||
22 | the Director he deems appropriate to carry out the
purposes of | ||||||
23 | this Act, to prevent the circumvention or evasion thereof, and
| ||||||
24 | to safeguard the minimum wage established by the Act. |
| |||||||
| |||||||
1 | Regulations governing
employment of learners may be issued | ||||||
2 | only after notice and opportunity for
public hearing, as | ||||||
3 | provided in subsection (c) of this Section.
| ||||||
4 | (b) In order to prevent curtailment of opportunities for | ||||||
5 | employment,
avoid undue hardship, and safeguard the minimum | ||||||
6 | wage rate under this Act,
the Director may also issue | ||||||
7 | regulations providing for the employment of
workers with | ||||||
8 | disabilities at wages lower than the wage rate applicable | ||||||
9 | under this
Act, under permits and for such periods of time as | ||||||
10 | specified therein; and
providing for the employment of | ||||||
11 | learners at wages lower than the wage rate
applicable under | ||||||
12 | this Act. However, such regulation shall not permit lower
| ||||||
13 | wages for persons with disabilities on any basis that is | ||||||
14 | unrelated to such person's
ability resulting from his | ||||||
15 | disability, and such regulation may be issued only
after | ||||||
16 | notice and opportunity for public hearing as provided in | ||||||
17 | subsection
(c) of this Section. This subsection (b) is | ||||||
18 | inoperative on and after July 1, 2027.
| ||||||
19 | (c) Prior to the adoption, amendment or repeal of any rule | ||||||
20 | or regulation
by the Director under this Act, except | ||||||
21 | regulations which concern only the
internal management of the | ||||||
22 | Department of Labor and do not affect any public
right | ||||||
23 | provided by this Act, the Director shall give proper notice to
| ||||||
24 | persons in any industry or occupation that may be affected by | ||||||
25 | the proposed
rule or regulation, and hold a public hearing on | ||||||
26 | the Director's his proposed action at
which any such affected |
| |||||||
| |||||||
1 | person, or the Director's his duly authorized representative, | ||||||
2 | may
attend and testify or present other evidence for or | ||||||
3 | against such proposed
rule or regulation. Rules and | ||||||
4 | regulations adopted under this Section shall
be filed with the | ||||||
5 | Secretary of State in compliance with "An Act concerning
| ||||||
6 | administrative rules", as now or hereafter amended. Such | ||||||
7 | adopted and filed
rules and regulations shall become effective | ||||||
8 | 10 days after copies thereof
have been mailed by the | ||||||
9 | Department to persons in industries affected
thereby at their | ||||||
10 | last known address.
| ||||||
11 | (d) The commencement of proceedings by any person | ||||||
12 | aggrieved by an
administrative regulation issued under this | ||||||
13 | Act does not, unless
specifically ordered by the Court, | ||||||
14 | operate as a stay of that administrative
regulation against | ||||||
15 | other persons. The Court shall not grant any stay of an
| ||||||
16 | administrative regulation unless the person complaining of | ||||||
17 | such regulation
files in the Court an undertaking with a | ||||||
18 | surety or sureties satisfactory to
the Court for the payment | ||||||
19 | to the employees affected by the regulation, in
the event such | ||||||
20 | regulation is affirmed, of the amount by which the
| ||||||
21 | compensation such employees are entitled to receive under the | ||||||
22 | regulation
exceeds the compensation they actually receive | ||||||
23 | while such stay is in
effect. | ||||||
24 | (e) The Department may adopt emergency rules in
accordance | ||||||
25 | with Section 5-45 of the Illinois Administrative
Procedure Act | ||||||
26 | to implement the changes made by this amendatory Act of the |
| |||||||
| |||||||
1 | 101st 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 | ||||||
5 | Section 5.
|