Bill Text: IL HB0793 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Department of Human Services Act. Requires the Department of Human Services, in partnership with other specified State agencies, to eliminate on July 1, 2027 the use of active or pending 14(c) certificates authorized under the federal Fair Labor Standards Act of 1938, as well as authorizations permitted under the Minimum Wage Law to pay an employee with a disability less than the minimum wage otherwise required for employees under the Minimum Wage Law. Creates the Transition Grant Fund as a special fund in the State treasury to provide funds, subject to appropriation, to community agencies with active or pending 14(c) certificates to aid in the transition away from subminimum wages for employees with disabilities. Amends the Employment and Economic Opportunity for Persons with Disabilities Task Force Act. Requires the Employment and Economic Opportunity for Persons with Disabilities Task Force (Task Force) to create, by no later than July 1, 2025, a multi-year plan of recommended actions, outcomes, and benchmarks to help the State meets its goal to eliminate the use of 14(c) certificates on and after July 1, 2027. Sets forth certain information and data that shall be included in the multi-year plan to inform the work of the Task Force. Requires the Task Force to include in the multi-year plan certain recommendations aimed as facilitating the elimination of 14(c) certificates. Requires the Task Force to submit the multi-year plan to the Governor and the General Assembly by no later than July 1, 2025 and to provide annual reports on implementation through January 1, 2030. Amends the Illinois Procurement Code. In a provision listing the type of not-for-profit agencies whose supplies and services may be procured without advertising or calling for bids, revises the list to include a not-for-profit agency that is (i) certified as a community rehabilitation provider by the Department of Human Services and (ii) accredited by a nationally-recognized accrediting organization or certified as a day services provider by the Department. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. In the definition of "business owned by a person with a disability", removes from the definition a not-for-profit agency for persons with disabilities that is exempt from taxation under the Internal Revenue Code of 1986. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, beginning January 1, 2024, the personal needs allowance for a qualifying medical assistance recipient who is a resident in a facility licensed under the Community-Integrated Living Arrangements Licensure and Certification Act shall equal $100. Provides that beginning January 1, 2025, the personal needs allowance shall increase annually at the same rate as the Social Security cost-of-living adjustment to take effect on January 1 of each year. Amends the Minimum Wage Law. In a provision permitting the Director of Labor to issue regulations providing for the employment of workers with disabilities at wages lower than the wage rate applicable under the Act, provides that the provision is inoperative on and after July 1, 2027. Effective immediately.

Spectrum: Partisan Bill (Democrat 37-0)

Status: (Introduced) 2024-03-04 - Added Co-Sponsor Rep. Kam Buckner [HB0793 Detail]

Download: Illinois-2023-HB0793-Engrossed.html

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HB0793 Engrossed LRB103 04385 RPS 49391 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Reference to Act. This Act may be referred to as
the Dignity in Pay Act.
Section 3. Declaration of policy and intent.
(a) Section 14(c) of the federal Fair Labor Standards Act
of 1938 provides for the employment of persons with
disabilities at wage rates below the statutory federal minimum
wage. Among those who have worked for subminimum wages in
Illinois are people with intellectual, developmental,
physical, and sensory disabilities, including those who are
blind or deaf or are diagnosed with cerebral palsy, spina
bifida, or Down syndrome. Section 14(c) authorizations result
in a national average wage of approximately $3 per hour for
disabled workers who have engaged in work activities under a
14(c) wage certificate.
Data released in October 2022 from the United States
Department of Labor shows that Illinois ranks second in the
nation in the number of 14(c) certificates issued or pending,
with several thousand Illinois residents with disabilities
engaged in activities compensated below minimum wage. These
activities most often occur in congregate work centers (also

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

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

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

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

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

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working in community-based provider agencies towards
advancing competitive, integrated work options for
persons with disabilities, in areas including, but not
limited to:
(i) employment options;
(ii) non-employment options;
(iii) home and community-based services and
supports;
(iv) self-advocacy;
(v) benefits management;
(vi) certification programs; and
(vii) mental health services and supports.
(G) Contracts between State agencies and
community-based providers that promote flexibility and
allow for expansion.
(H) Ongoing review of rates and reimbursements
that support various employment programs for persons
with disabilities, including competitive, integrated
employment, customized employment, and supported
employment.
(I) The need to further engage the private
business community to hire persons with disabilities
through incentives that may include specialized
educational opportunities, distribution of literature
at points of interaction with government licensing
agencies, and tax incentives to hiring persons with

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

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

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

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

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

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

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

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

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

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burn injury,
cancer,
cerebral palsy,
Crohn's disease,
cystic fibrosis,
deafness,
head injury,
heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
an intellectual disability,
mental illness,
multiple sclerosis,
muscular dystrophy,
musculoskeletal disorders,
neurological disorders, including stroke and
epilepsy,
paraplegia,
quadriplegia and other spinal cord conditions,
sickle cell anemia,
ulcerative colitis,
specific learning disabilities, or
end stage renal failure disease; and
(b) substantially limits one or more of the
person's major life activities.

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Another disability or combination of disabilities may
also be considered as a severe disability for the purposes
of item (a) of this subdivision (2.1) if it is determined
by an evaluation of rehabilitation potential to cause a
comparable degree of substantial functional limitation
similar to the specific list of disabilities listed in
item (a) of this subdivision (2.1).
(3) "Minority-owned business" means a business which
is at least 51% owned by one or more minority persons, or
in the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who
own it.
(4) "Women-owned business" means a business which is
at least 51% owned by one or more women, or, in the case of
a corporation, at least 51% of the stock in which is owned
by one or more women; and the management and daily
business operations of which are controlled by one or more
of the women who own it.
(4.1) "Business owned by a person with a disability"
means a business that is at least 51% owned by one or more
persons with a disability and the management and daily
business operations of which are controlled by one or more
of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that

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

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highway defined in Article 2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments,
officers, boards, commissions, institutions and bodies
politic and corporate of the State, but does not include
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Trustees of Chicago State University, the Board
of Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of
Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State
constitutional officers.
(7) "Public institutions of higher education" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the public
community colleges of the State, and any other public
universities, colleges, and community colleges now or
hereafter established or authorized by the General
Assembly.
(8) "Certification" means a determination made by the

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

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

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

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

HB0793 Engrossed - 25 - LRB103 04385 RPS 49391 b
Regulations governing employment of learners may be issued
only after notice and opportunity for public hearing, as
provided in subsection (c) of this Section.
(b) In order to prevent curtailment of opportunities for
employment, avoid undue hardship, and safeguard the minimum
wage rate under this Act, the Director may also issue
regulations providing for the employment of workers with
disabilities at wages lower than the wage rate applicable
under this Act, under permits and for such periods of time as
specified therein; and providing for the employment of
learners at wages lower than the wage rate applicable under
this Act. However, such regulation shall not permit lower
wages for persons with disabilities on any basis that is
unrelated to such person's ability resulting from his
disability, and such regulation may be issued only after
notice and opportunity for public hearing as provided in
subsection (c) of this Section. This subsection (b) is
inoperative on and after July 1, 2027.
(c) Prior to the adoption, amendment or repeal of any rule
or regulation by the Director under this Act, except
regulations which concern only the internal management of the
Department of Labor and do not affect any public right
provided by this Act, the Director shall give proper notice to
persons in any industry or occupation that may be affected by
the proposed rule or regulation, and hold a public hearing on
the Director's his proposed action at which any such affected

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

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101st General Assembly.
(Source: P.A. 101-1, eff. 2-19-19.)
(820 ILCS 105/5 rep.)
Section 30. The Minimum Wage Law is amended by repealing
Section 5.