Rep. Theresa Mah
Filed: 5/15/2023
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1 | AMENDMENT TO HOUSE BILL 793
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2 | AMENDMENT NO. ______. Amend House Bill 793 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Reference to Act. This Act may be referred to | ||||||
5 | as the Dignity in Pay Act. | ||||||
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 |
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1 | 14(c) wage certificate. | ||||||
2 | Data released in October 2022 from the United States | ||||||
3 | Department of Labor shows that Illinois ranks second in the | ||||||
4 | nation in the number of 14(c) certificates issued or pending, | ||||||
5 | with several thousand Illinois residents with disabilities | ||||||
6 | engaged in activities compensated below minimum wage. These | ||||||
7 | activities most often occur in congregate work centers (also | ||||||
8 | known as facility-based employment or sheltered workshops) | ||||||
9 | some of which may have the effect of isolating people with | ||||||
10 | disabilities from the greater community. | ||||||
11 | The Illinois Employment First Act stipulates that | ||||||
12 | "competitive and integrated employment shall be considered the | ||||||
13 | first option when serving persons with disabilities of working | ||||||
14 | age." Across the United States, 13 states have passed | ||||||
15 | legislation to eliminate subminimum wages for persons with | ||||||
16 | disabilities. | ||||||
17 | Ensuring that persons with disabilities have the | ||||||
18 | opportunity to pursue employment paid in an amount equal to | ||||||
19 | the minimum wage or higher is a critical element to achieving | ||||||
20 | the goals of the Illinois Employment First Act. | ||||||
21 | On October 4, 2021, the Governor signed Executive Order 26 | ||||||
22 | (2021), which now requires all contracts through the Illinois | ||||||
23 | State Use Program that employ persons with disabilities to | ||||||
24 | provide payment to workers at no less than the applicable | ||||||
25 | local, if higher, or Illinois minimum wage for all employees | ||||||
26 | performing work on the contract. |
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1 | (b) Additional service enhancements, rate adjustments, | ||||||
2 | investments, and policy changes are needed to address systemic | ||||||
3 | barriers to assist persons with disabilities to access | ||||||
4 | increased employment opportunities and earn at or above the | ||||||
5 | Illinois minimum wage. | ||||||
6 | (c) Collaborative partnerships between State agencies and | ||||||
7 | key stakeholder organizations, including, but not limited to, | ||||||
8 | those noted in this amendatory Act of the 103rd General | ||||||
9 | Assembly, shall result in a complete phase out of Illinois | ||||||
10 | 14(c) certificates on July 1, 2027, unless a subsequent Act by | ||||||
11 | the General Assembly authorizes an earlier date for phase out. | ||||||
12 | Section 5. The Department of Human Services Act is amended | ||||||
13 | by adding Sections 1-85 and 1-90 as follows: | ||||||
14 | (20 ILCS 1305/1-85 new) | ||||||
15 | Sec. 1-85. Elimination of Section 14(c) certificates. The | ||||||
16 | Department, in partnership with other State agencies, | ||||||
17 | including the Department of Labor, the Department of | ||||||
18 | Healthcare and Family Services, the Department of Central | ||||||
19 | Management Services, the Department of Commerce and Economic | ||||||
20 | Opportunity, the Department of Employment Security, and the | ||||||
21 | State Board of Education, shall eliminate on July 1, 2027 the | ||||||
22 | use of active or pending 14(c) certificates authorized under | ||||||
23 | the federal Fair Labor Standards Act of 1938, as well as | ||||||
24 | authorizations permitted under
Sections 5 and 10 of the |
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1 | Minimum Wage Law to pay an employee
with a disability less than | ||||||
2 | the minimum wage otherwise
required for employees under | ||||||
3 | Section 4 of the Minimum Wage Law. | ||||||
4 | (20 ILCS 1305/1-90 new) | ||||||
5 | Sec. 1-90. Transition Grant Fund. | ||||||
6 | (a) The 14(c) Transition Grant Fund is created as a | ||||||
7 | special fund in the State treasury. Moneys in the Fund shall be | ||||||
8 | used, subject to appropriation, by the Department for | ||||||
9 | community agencies with active or pending 14(c) certificates | ||||||
10 | to aid in the transition away from subminimum wages for | ||||||
11 | employees with disabilities. The goal of the 14(c) Transition | ||||||
12 | Grant Fund is to develop new opportunities and programs and | ||||||
13 | grow capacity to respond to the needs of individuals with | ||||||
14 | disabilities in their geographic area, such as supported | ||||||
15 | employment programs and diverse day programs that support | ||||||
16 | meaningful days, choice, and community integration. The Fund | ||||||
17 | may be used to provide wage subsidies to employers who offer | ||||||
18 | integrated work options to workers with disabilities who | ||||||
19 | previously worked for subminimum wages. | ||||||
20 | (b) The Department shall adopt rules establishing a | ||||||
21 | process for the equitable and transparent administration of | ||||||
22 | the Fund. | ||||||
23 | Section 7. The Employment and Economic Opportunity for | ||||||
24 | Persons with Disabilities Task Force Act is amended by adding |
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1 | Section 16 as follows: | ||||||
2 | (20 ILCS 4095/16 new) | ||||||
3 | Sec. 16. Multi-year plan towards elimination of 14(c) | ||||||
4 | certificates. By no later than July 1, 2025, the Employment | ||||||
5 | and Economic Opportunity for Persons with Disabilities Task | ||||||
6 | Force shall create a multi-year plan of recommended actions, | ||||||
7 | outcomes, and benchmarks in accordance with paragraphs (1) | ||||||
8 | through (3) to help the State meets its goal to eliminate the | ||||||
9 | use of 14(c) certificates on and after July 1, 2027. | ||||||
10 | (1) The multi-year plan shall include, but not be | ||||||
11 | limited to, all of the following: | ||||||
12 | (A) By no later than January 1, 2025, | ||||||
13 | identification, gathering, and analytics of data to | ||||||
14 | inform the work of the Task Force, including, but not | ||||||
15 | limited to: | ||||||
16 | (i) the total number of businesses utilizing | ||||||
17 | 14(c) certificates; | ||||||
18 | (ii) the total number of persons with | ||||||
19 | disabilities who are paid subminimum wages or | ||||||
20 | average wages and the length of their employment; | ||||||
21 | (iii) the total number of persons with | ||||||
22 | disabilities engaged in competitive or integrated | ||||||
23 | employment, their average wages, and the length of | ||||||
24 | their employment; and | ||||||
25 | (iv) the total number of persons with |
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1 | disabilities working in facility-based employment | ||||||
2 | paid at or above minimum wage. | ||||||
3 | (B) By no later than July 1, 2025, prepare a | ||||||
4 | multi-year plan, that includes, but is not limited to: | ||||||
5 | (i) recommended actions, including additional | ||||||
6 | statutory, regulatory, or policy measures; | ||||||
7 | (ii) recommended outcomes for each year of the | ||||||
8 | plan; | ||||||
9 | (iii) recommended benchmarks for each year of | ||||||
10 | the plan; and | ||||||
11 | (iv) recommended funding levels or federal and | ||||||
12 | State appropriations necessary to achieve | ||||||
13 | recommended outcomes. | ||||||
14 | (2) In developing the multi-year plan, the Task Force | ||||||
15 | shall consider all of the following: | ||||||
16 | (A) The personal choice of persons with | ||||||
17 | disabilities regarding employment goals and planning | ||||||
18 | in person-centered planning processes. | ||||||
19 | (B) The use of existing and emerging technologies | ||||||
20 | that could assist persons with disabilities in | ||||||
21 | achieving employment goals. | ||||||
22 | (C) The impact of access to reliable | ||||||
23 | transportation on achieving employment goals and | ||||||
24 | ongoing employment. | ||||||
25 | (D) The multitude of models utilized by school | ||||||
26 | districts and other resources on transition supports |
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1 | for youth graduating high school or aging into adult | ||||||
2 | services and supports. | ||||||
3 | (E) The potential changes to State law, | ||||||
4 | regulations, or policies to protect means-tested | ||||||
5 | benefits for persons with disabilities as they pursue | ||||||
6 | employment-related goals. | ||||||
7 | (F) The education and training needs of staff | ||||||
8 | working in community-based provider agencies towards | ||||||
9 | advancing competitive, integrated work options for | ||||||
10 | persons with disabilities, in areas including, but not | ||||||
11 | limited to: | ||||||
12 | (i) employment options; | ||||||
13 | (ii) non-employment options; | ||||||
14 | (iii) home and community-based services and | ||||||
15 | supports; | ||||||
16 | (iv) self-advocacy; | ||||||
17 | (v) benefits management; | ||||||
18 | (vi) certification programs; and | ||||||
19 | (vii) mental health services and supports. | ||||||
20 | (G) Contracts between State agencies and | ||||||
21 | community-based providers that promote flexibility and | ||||||
22 | allow for expansion. | ||||||
23 | (H) Ongoing review of rates and reimbursements | ||||||
24 | that support various employment programs for persons | ||||||
25 | with disabilities, including competitive, integrated | ||||||
26 | employment, customized employment, and supported |
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1 | employment. | ||||||
2 | (I) The need to further engage the private | ||||||
3 | business community to hire persons with disabilities | ||||||
4 | through incentives that may include specialized | ||||||
5 | educational opportunities, distribution of literature | ||||||
6 | at points of interaction with government licensing | ||||||
7 | agencies, and tax incentives to hiring persons with | ||||||
8 | disabilities. | ||||||
9 | (3) The Task Force shall submit the multi-year plan to | ||||||
10 | the Governor and the General Assembly by no later than | ||||||
11 | July 1, 2025. Annual reports on implementation shall be | ||||||
12 | required by no later than January 1 of each subsequent | ||||||
13 | year through January 1, 2030. | ||||||
14 | (4) The Task Force shall provide annual updates to the | ||||||
15 | Governor and the General Assembly through January 1, 2035 | ||||||
16 | on the employment of persons with disabilities in | ||||||
17 | Illinois. | ||||||
18 | Section 10. The State Finance Act is amended by adding | ||||||
19 | Section 5.990 as follows: | ||||||
20 | (30 ILCS 105/5.990 new) | ||||||
21 | Sec. 5.990. The 14(c) Transition Grant Fund. | ||||||
22 | Section 15. The Illinois Procurement Code is amended by | ||||||
23 | changing Section 45-35 as follows:
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1 | (30 ILCS 500/45-35)
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2 | Sec. 45-35. Not-for-profit agencies for persons with | ||||||
3 | significant disabilities. | ||||||
4 | (a) Qualification. Supplies and services may be procured
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5 | without advertising or calling
for bids from any qualified | ||||||
6 | not-for-profit agency for persons with significant | ||||||
7 | disabilities that:
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8 | (1) complies with Illinois laws governing private
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9 | not-for-profit organizations;
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10 | (2) is certified as a community rehabilitation | ||||||
11 | provider by the Department of Human Services is certified | ||||||
12 | as a work center by the Wage
and Hour Division of the
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13 | United States Department of Labor or is an accredited | ||||||
14 | vocational program that provides transition services to | ||||||
15 | youth between the ages of 14 1/2 and 22 in accordance with | ||||||
16 | individualized education plans under Section 14-8.03 of | ||||||
17 | the School Code and that provides residential services at | ||||||
18 | a child care institution, as defined under Section 2.06 of | ||||||
19 | the Child Care Act of 1969, or at a group home, as defined | ||||||
20 | under Section 2.16 of the Child Care Act of 1969 ; and
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21 | (3) is accredited by a nationally-recognized | ||||||
22 | accrediting organization or certified as a day services | ||||||
23 | developmental training provider by the Department of Human
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24 | Services.
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25 | (b) Participation. To participate, the not-for-profit
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1 | agency must have indicated an
interest in providing the | ||||||
2 | supplies and services, must meet the
specifications and needs | ||||||
3 | of the
using agency, and must set a fair and reasonable price.
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4 | (c) Committee. There is created within the Department of
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5 | Central Management
Services a committee to facilitate the | ||||||
6 | purchase of products and
services from not-for-profit agencies | ||||||
7 | that provide employment opportunities to persons with physical | ||||||
8 | disabilities, intellectual or developmental disabilities, | ||||||
9 | mental illnesses, or any combination thereof. This committee | ||||||
10 | is called the State Use Committee. The State Use Committee | ||||||
11 | shall consist of the Director of the
Department of Central
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12 | Management Services or his or her designee, the Secretary of | ||||||
13 | the Department
of Human Services or his or her designee, the | ||||||
14 | Director of Commerce and Economic Opportunity or his or her | ||||||
15 | designee, one public member representing private business who | ||||||
16 | is knowledgeable of the employment needs and concerns of | ||||||
17 | persons with developmental disabilities, one public member | ||||||
18 | representing private business who is knowledgeable of the | ||||||
19 | needs and concerns of rehabilitation facilities, one public | ||||||
20 | member who is knowledgeable of the employment needs and | ||||||
21 | concerns of persons with developmental disabilities, one | ||||||
22 | public member who is knowledgeable of the needs and concerns | ||||||
23 | of rehabilitation facilities, 2 members who have a disability, | ||||||
24 | 2 public members from a statewide association that represents | ||||||
25 | community-based rehabilitation facilities serving or | ||||||
26 | supporting individuals with intellectual or developmental |
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1 | disabilities, and one public member from a disability-focused | ||||||
2 | statewide advocacy group, all appointed by the
Governor. The | ||||||
3 | public
members shall serve 2 year terms, commencing upon | ||||||
4 | appointment and
every 2 years thereafter.
A public member may | ||||||
5 | be reappointed, and vacancies shall be filled by
appointment | ||||||
6 | for the
completion of the term. In the event there is a vacancy | ||||||
7 | on the State Use Committee, the Governor must make an | ||||||
8 | appointment to fill that vacancy within 30 calendar days after | ||||||
9 | the notice of vacancy. The members shall serve without
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10 | compensation but shall be reimbursed
for expenses at a rate | ||||||
11 | equal to that of State employees on a per
diem basis by the | ||||||
12 | Department
of Central Management Services. All members shall | ||||||
13 | be entitled to
vote on issues before the
State Use Committee.
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14 | The State Use Committee shall have the following powers | ||||||
15 | and duties:
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16 | (1) To request from any State agency information as to
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17 | product specification
and service requirements in order to | ||||||
18 | carry out its purpose.
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19 | (2) To meet quarterly or more often as necessary to
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20 | carry out its purposes.
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21 | (3) To request a quarterly report from each
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22 | participating qualified not-for-profit agency for persons | ||||||
23 | with significant disabilities describing the volume of | ||||||
24 | sales for each product or
service sold under this Section.
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25 | (4) To prepare a report for the Governor and General | ||||||
26 | Assembly no later than December 31 of each year. The |
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1 | requirement for reporting to the General Assembly shall be | ||||||
2 | satisfied by following the procedures set forth in Section | ||||||
3 | 3.1 of the General Assembly Organization Act.
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4 | (5) To prepare a publication that lists all supplies
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5 | and services currently
available from any qualified | ||||||
6 | not-for-profit agency for persons with significant | ||||||
7 | disabilities. This list and
any revisions shall be | ||||||
8 | distributed to all purchasing agencies.
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9 | (6) To encourage diversity in supplies and services
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10 | provided by qualified not-for-profit agencies for persons | ||||||
11 | with significant disabilities and discourage unnecessary | ||||||
12 | duplication or
competition among not-for-profit agencies.
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13 | (7) To develop guidelines to be followed by qualifying
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14 | agencies for
participation under the provisions of this | ||||||
15 | Section. Guidelines shall include a list of national | ||||||
16 | accrediting organizations which satisfy the requirements | ||||||
17 | of item (3) of subsection (a) of this Section. The
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18 | guidelines shall be developed within
6 months after the | ||||||
19 | effective date of this Code and made available
on a | ||||||
20 | nondiscriminatory basis
to all qualifying agencies. The | ||||||
21 | new guidelines required under this item (7) by Public Act | ||||||
22 | 100-203 shall be developed within 6 months after August | ||||||
23 | 18, 2017 (the effective date of Public Act 100-203) and | ||||||
24 | made available on a non-discriminatory basis to all | ||||||
25 | qualifying not-for-profit agencies.
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26 | (8) To review all pricing submitted under the |
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1 | provisions
of this Section and may approve a proposed | ||||||
2 | agreement for supplies or services where the price | ||||||
3 | submitted is fair and reasonable. Review of pricing under | ||||||
4 | this paragraph may include, but is not limited to:
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5 | (A) Amounts private businesses would pay for | ||||||
6 | similar products or services. | ||||||
7 | (B) Amounts the federal government would pay | ||||||
8 | contractors for similar products or services. | ||||||
9 | (C) The amount paid by the State for similar | ||||||
10 | products or services. | ||||||
11 | (D) The actual cost of manufacturing the product | ||||||
12 | or performing a service at a community rehabilitation | ||||||
13 | program offering employment services on or off | ||||||
14 | premises to persons with disabilities or mental | ||||||
15 | illnesses, with adequate consideration given to legal | ||||||
16 | and moral imperatives to pay workers with disabilities | ||||||
17 | equitable wages. | ||||||
18 | (E) The usual, customary, and reasonable costs of | ||||||
19 | manufacturing, marketing, and distribution. | ||||||
20 | (9) To, not less than every 3 years, adopt a strategic | ||||||
21 | plan for increasing the number of products and services | ||||||
22 | purchased from qualified not-for-profit agencies for | ||||||
23 | persons with disabilities or mental illnesses, including | ||||||
24 | the feasibility of developing mandatory set-aside | ||||||
25 | contracts. | ||||||
26 | (c-5) Conditions for Use. Each chief procurement officer |
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1 | shall, in consultation with the State Use Committee, determine | ||||||
2 | which articles, materials, services, food stuffs, and supplies | ||||||
3 | that are produced, manufactured, or provided by persons with | ||||||
4 | significant disabilities in qualified not-for-profit agencies | ||||||
5 | shall be given preference by purchasing agencies procuring | ||||||
6 | those items. | ||||||
7 | (d) (Blank).
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8 | (e) Subcontracts. Subcontracts shall be permitted for | ||||||
9 | agreements authorized under this Section. For the purposes of | ||||||
10 | this subsection (e), "subcontract" means any acquisition from | ||||||
11 | another source of supplies, not including raw materials, or | ||||||
12 | services required by a qualified not-for-profit agency to | ||||||
13 | provide the supplies or services that are the subject of the | ||||||
14 | contract between the State and the qualified not-for-profit | ||||||
15 | agency. | ||||||
16 | The State Use Committee shall develop guidelines to be | ||||||
17 | followed by qualified not-for-profit agencies when seeking and | ||||||
18 | establishing subcontracts with other persons or not-for-profit | ||||||
19 | agencies in order to fulfill State contract requirements. | ||||||
20 | These guidelines shall include the following: | ||||||
21 | (i) The State Use Committee must approve all | ||||||
22 | subcontracts and substantive amendments to subcontracts | ||||||
23 | prior to execution or amendment of the subcontract. | ||||||
24 | (ii) A qualified not-for-profit agency shall not enter | ||||||
25 | into a subcontract, or any combination of subcontracts, to | ||||||
26 | fulfill an entire requirement, contract, or order without |
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1 | written State Use Committee approval. | ||||||
2 | (iii) A qualified not-for-profit agency shall make | ||||||
3 | reasonable efforts to utilize subcontracts with other | ||||||
4 | not-for-profit agencies for persons with significant | ||||||
5 | disabilities. | ||||||
6 | (iv) For any subcontract not currently performed by a | ||||||
7 | qualified not-for-profit agency, the primary qualified | ||||||
8 | not-for-profit agency must provide to the State Use | ||||||
9 | Committee the following: (A) a written explanation as to | ||||||
10 | why the subcontract is not performed by a qualified | ||||||
11 | not-for-profit agency, and (B) a written plan to transfer | ||||||
12 | the subcontract to a qualified not-for-profit agency, as | ||||||
13 | reasonable. | ||||||
14 | (Source: P.A. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21.)
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15 | Section 20. The Business Enterprise for Minorities, Women, | ||||||
16 | and Persons with
Disabilities Act is amended by changing | ||||||
17 | Section 2 as follows:
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18 | (30 ILCS 575/2)
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19 | (Section scheduled to be repealed on June 30, 2024) | ||||||
20 | Sec. 2. Definitions.
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21 | (A) For the purpose of this Act, the following
terms shall | ||||||
22 | have the following definitions:
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23 | (1) "Minority person" shall mean a person who is a | ||||||
24 | citizen or lawful
permanent resident of the United States |
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1 | and who is any of the following:
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2 | (a) American Indian or Alaska Native (a person | ||||||
3 | having origins in any of the original peoples of North | ||||||
4 | and South America, including Central America, and who | ||||||
5 | maintains tribal affiliation or community attachment). | ||||||
6 | (b) Asian (a person having origins in any of the | ||||||
7 | original peoples of the Far East, Southeast Asia, or | ||||||
8 | the Indian subcontinent, including, but not limited | ||||||
9 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
10 | Pakistan, the Philippine Islands, Thailand, and | ||||||
11 | Vietnam). | ||||||
12 | (c) Black or African American (a person having | ||||||
13 | origins in any of the black racial groups of Africa). | ||||||
14 | (d) Hispanic or Latino (a person of Cuban, | ||||||
15 | Mexican, Puerto Rican, South or Central American, or | ||||||
16 | other Spanish culture or origin, regardless of race). | ||||||
17 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
18 | person having origins in any of the original peoples | ||||||
19 | of Hawaii, Guam, Samoa, or other Pacific Islands).
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20 | (2) "Woman" shall mean a person who is a citizen or | ||||||
21 | lawful permanent
resident of the United States and who is | ||||||
22 | of the female gender.
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23 | (2.05) "Person with a disability" means a person who | ||||||
24 | is a citizen or
lawful resident of the United States and is | ||||||
25 | a person qualifying as a person with a disability under | ||||||
26 | subdivision (2.1) of this subsection (A).
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1 | (2.1) "Person with a disability" means a person with a | ||||||
2 | severe physical or mental disability that:
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3 | (a) results from:
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4 | amputation,
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5 | arthritis,
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6 | autism,
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7 | blindness,
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8 | burn injury,
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9 | cancer,
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10 | cerebral palsy,
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11 | Crohn's disease, | ||||||
12 | cystic fibrosis,
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13 | deafness,
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14 | head injury,
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15 | heart disease,
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16 | hemiplegia,
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17 | hemophilia,
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18 | respiratory or pulmonary dysfunction,
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19 | an intellectual disability,
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20 | mental illness,
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21 | multiple sclerosis,
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22 | muscular dystrophy,
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23 | musculoskeletal disorders,
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24 | neurological disorders, including stroke and | ||||||
25 | epilepsy,
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26 | paraplegia,
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1 | quadriplegia and other spinal cord conditions,
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2 | sickle cell anemia,
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3 | ulcerative colitis, | ||||||
4 | specific learning disabilities, or
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5 | end stage renal failure disease; and
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6 | (b) substantially limits one or more of the | ||||||
7 | person's major life activities.
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8 | Another disability or combination of disabilities may | ||||||
9 | also be considered
as a severe disability for the purposes | ||||||
10 | of item (a) of this
subdivision (2.1) if it is determined | ||||||
11 | by an evaluation of
rehabilitation potential to
cause a | ||||||
12 | comparable degree of substantial functional limitation | ||||||
13 | similar to
the specific list of disabilities listed in | ||||||
14 | item (a) of this
subdivision (2.1).
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15 | (3) "Minority-owned business" means a business which | ||||||
16 | is at least
51% owned by one or more minority persons, or | ||||||
17 | in the case of a
corporation, at least 51% of the stock in | ||||||
18 | which is owned by one or
more minority persons; and the | ||||||
19 | management and daily business operations of
which are | ||||||
20 | controlled by one or more of the minority individuals who | ||||||
21 | own it.
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22 | (4) "Women-owned business" means a business which is | ||||||
23 | at least
51% owned by one or more women, or, in the case of | ||||||
24 | a corporation, at
least 51% of the stock in which is owned | ||||||
25 | by one or more women; and the
management and daily | ||||||
26 | business operations of which are controlled by one or
more |
| |||||||
| |||||||
1 | of the women who own it.
| ||||||
2 | (4.1) "Business owned by a person with a disability" | ||||||
3 | means a business
that is at least 51% owned by one or more | ||||||
4 | persons with a disability
and the management and daily | ||||||
5 | business operations of which
are controlled by one or more | ||||||
6 | of the persons with disabilities who own it. A
| ||||||
7 | not-for-profit agency for persons with disabilities that | ||||||
8 | is exempt from
taxation under Section 501 of the Internal | ||||||
9 | Revenue Code of 1986 is also
considered a "business owned | ||||||
10 | by a person with a disability".
| ||||||
11 | (4.2) "Council" means the Business Enterprise Council | ||||||
12 | for Minorities, Women, and Persons with Disabilities | ||||||
13 | created under Section 5 of this Act.
| ||||||
14 | (4.3) "Commission" means, unless the context clearly | ||||||
15 | indicates otherwise, the Commission on Equity and | ||||||
16 | Inclusion created under the Commission on Equity and | ||||||
17 | Inclusion Act. | ||||||
18 | (5) "State contracts" means all contracts entered into | ||||||
19 | by the State, any agency or department thereof, or any | ||||||
20 | public institution of higher education, including | ||||||
21 | community college districts, regardless of the source of | ||||||
22 | the funds with which the contracts are paid, which are not | ||||||
23 | subject to federal reimbursement. "State contracts" does | ||||||
24 | not include contracts awarded by a retirement system, | ||||||
25 | pension fund, or investment board subject to Section | ||||||
26 | 1-109.1 of the Illinois Pension Code. This definition |
| |||||||
| |||||||
1 | shall control over any existing definition under this Act | ||||||
2 | or applicable administrative rule.
| ||||||
3 | "State construction contracts" means all State | ||||||
4 | contracts entered
into by a State agency or public | ||||||
5 | institution of higher education for the repair, | ||||||
6 | remodeling,
renovation or
construction of a building or | ||||||
7 | structure, or for the construction or
maintenance of a | ||||||
8 | highway defined in Article 2 of the Illinois Highway
Code.
| ||||||
9 | (6) "State agencies" shall mean all departments, | ||||||
10 | officers, boards,
commissions, institutions and bodies | ||||||
11 | politic and corporate of the State,
but does not include | ||||||
12 | the Board of Trustees of the University of Illinois,
the | ||||||
13 | Board of Trustees of Southern Illinois University,
the | ||||||
14 | Board of Trustees
of Chicago State University, the Board | ||||||
15 | of Trustees of Eastern Illinois
University, the Board of | ||||||
16 | Trustees of Governors State University, the Board of
| ||||||
17 | Trustees of Illinois State University, the Board of | ||||||
18 | Trustees of Northeastern
Illinois
University, the Board of | ||||||
19 | Trustees of Northern Illinois University, the Board of
| ||||||
20 | Trustees of Western Illinois University,
municipalities or | ||||||
21 | other local governmental units, or other State | ||||||
22 | constitutional
officers.
| ||||||
23 | (7) "Public institutions of higher education" means | ||||||
24 | the University of Illinois, Southern Illinois University, | ||||||
25 | Chicago State University, Eastern Illinois University, | ||||||
26 | Governors State University, Illinois State University, |
| |||||||
| |||||||
1 | Northeastern Illinois University, Northern Illinois | ||||||
2 | University, Western Illinois University, the public | ||||||
3 | community colleges of the State, and any other public | ||||||
4 | universities, colleges, and community colleges now or | ||||||
5 | hereafter established or authorized by the General | ||||||
6 | Assembly.
| ||||||
7 | (8) "Certification" means a determination made by the | ||||||
8 | Council
or by one delegated authority from the Council to | ||||||
9 | make certifications, or by
a State agency with statutory | ||||||
10 | authority to make such a certification, that a
business | ||||||
11 | entity is a business owned by a
minority, woman, or person | ||||||
12 | with a disability for whatever
purpose. A business owned | ||||||
13 | and controlled by women shall be certified as a | ||||||
14 | "woman-owned business". A business owned and controlled by | ||||||
15 | women who are also minorities shall be certified as both a | ||||||
16 | "women-owned business" and a "minority-owned business".
| ||||||
17 | (9) "Control" means the exclusive or ultimate and sole | ||||||
18 | control of the
business including, but not limited to, | ||||||
19 | capital investment and all other
financial matters, | ||||||
20 | property, acquisitions, contract negotiations, legal
| ||||||
21 | matters, officer-director-employee selection and | ||||||
22 | comprehensive hiring,
operating responsibilities, | ||||||
23 | cost-control matters, income and dividend
matters, | ||||||
24 | financial transactions and rights of other shareholders or | ||||||
25 | joint
partners. Control shall be real, substantial and | ||||||
26 | continuing, not pro forma.
Control shall include the power |
| |||||||
| |||||||
1 | to direct or cause the direction of the
management and | ||||||
2 | policies of the business and to make the day-to-day as | ||||||
3 | well
as major decisions in matters of policy, management | ||||||
4 | and operations.
Control shall be exemplified by possessing | ||||||
5 | the requisite knowledge and
expertise to run the | ||||||
6 | particular business and control shall not include
simple | ||||||
7 | majority or absentee ownership.
| ||||||
8 | (10) "Business" means a business that has annual gross | ||||||
9 | sales of less than $150,000,000 as evidenced by the | ||||||
10 | federal income tax return of the business. A firm with | ||||||
11 | gross sales in excess of this cap may apply to the Council | ||||||
12 | for certification for a particular contract if the firm | ||||||
13 | can demonstrate that the contract would have significant | ||||||
14 | impact on businesses owned by minorities, women, or | ||||||
15 | persons with disabilities as suppliers or subcontractors | ||||||
16 | or in employment of minorities, women, or persons with | ||||||
17 | disabilities. Firms with gross sales in excess of this cap
| ||||||
18 | that are granted certification by the Council shall be
| ||||||
19 | granted certification for the life of the contract,
| ||||||
20 | including available renewals.
| ||||||
21 | (11) "Utilization plan" means a form and additional | ||||||
22 | documentations included in all bids or proposals that | ||||||
23 | demonstrates a vendor's proposed utilization of vendors | ||||||
24 | certified by the Business Enterprise Program to meet the | ||||||
25 | targeted goal. The utilization plan shall demonstrate that | ||||||
26 | the Vendor has either: (1) met the entire contract goal or |
| |||||||
| |||||||
1 | (2) requested a full or partial waiver and made good faith | ||||||
2 | efforts towards meeting the goal. | ||||||
3 | (12) "Business Enterprise Program" means the Business | ||||||
4 | Enterprise Program of the Commission on Equity and | ||||||
5 | Inclusion. | ||||||
6 | (B) When a business is owned at least 51% by any | ||||||
7 | combination of
minority persons, women, or persons with | ||||||
8 | disabilities,
even though none of the 3 classes alone holds at | ||||||
9 | least a 51% interest, the
ownership
requirement for purposes | ||||||
10 | of this Act is considered to be met. The
certification | ||||||
11 | category for the business is that of the class holding the
| ||||||
12 | largest ownership
interest in the business. If 2 or more | ||||||
13 | classes have equal ownership interests,
the certification | ||||||
14 | category shall be determined by
the business.
| ||||||
15 | (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; | ||||||
16 | 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.) | ||||||
17 | Section 23. The Illinois Public Aid Code is amended by | ||||||
18 | changing Section 5-35 as follows: | ||||||
19 | (305 ILCS 5/5-35) | ||||||
20 | Sec. 5-35. Personal needs allowance. | ||||||
21 | (a) For a person who is a resident in a facility licensed | ||||||
22 | under the ID/DD Community Care Act, the Community-Integrated | ||||||
23 | Living Arrangements Licensure and Certification Act, the | ||||||
24 | Specialized Mental Health Rehabilitation Act of 2013, or the |
| |||||||
| |||||||
1 | MC/DD Act for whom payments are made under this Article | ||||||
2 | throughout a month and who is determined to be eligible for | ||||||
3 | medical assistance under this Article, the State shall pay an | ||||||
4 | amount in addition to the minimum monthly personal needs | ||||||
5 | allowance authorized under Section 1902(q) of Title XIX of the | ||||||
6 | Social Security Act (42 U.S.C. 1396(q)) so that the person's | ||||||
7 | total monthly personal needs allowance from both State and | ||||||
8 | federal sources equals $60.
| ||||||
9 | (b) Beginning January 1, 2024, for a person who is a | ||||||
10 | resident in a facility licensed under the Community-Integrated | ||||||
11 | Living Arrangements Licensure and Certification Act for whom | ||||||
12 | payments are made under this Article throughout a month and | ||||||
13 | who is determined to be eligible for medical assistance under | ||||||
14 | this Article, the State shall pay an amount in addition to the | ||||||
15 | minimum monthly personal needs allowance authorized under | ||||||
16 | Section 1902(q) of Title XIX of the Social Security Act so that | ||||||
17 | the person's total monthly personal needs allowance from both | ||||||
18 | State and federal sources equals $100. | ||||||
19 | (c) Beginning January 1, 2025, the personal needs | ||||||
20 | allowance described in subsection (b) shall increase annually | ||||||
21 | at the same rate as the Social Security cost-of-living | ||||||
22 | adjustment to take effect on January 1 of each year. | ||||||
23 | (Source: P.A. 100-23, eff. 7-6-17.) | ||||||
24 | Section 25. The Minimum Wage Law is amended by changing | ||||||
25 | Section 10 as follows:
|
| |||||||
| |||||||
1 | (820 ILCS 105/10) (from Ch. 48, par. 1010)
| ||||||
2 | Sec. 10.
(a) The Director shall make and revise | ||||||
3 | administrative regulations,
including definitions of terms, as | ||||||
4 | the Director he deems appropriate to carry out the
purposes of | ||||||
5 | this Act, to prevent the circumvention or evasion thereof, and
| ||||||
6 | to safeguard the minimum wage established by the Act. | ||||||
7 | Regulations governing
employment of learners may be issued | ||||||
8 | only after notice and opportunity for
public hearing, as | ||||||
9 | provided in subsection (c) of this Section.
| ||||||
10 | (b) In order to prevent curtailment of opportunities for | ||||||
11 | employment,
avoid undue hardship, and safeguard the minimum | ||||||
12 | wage rate under this Act,
the Director may also issue | ||||||
13 | regulations providing for the employment of
workers with | ||||||
14 | disabilities at wages lower than the wage rate applicable | ||||||
15 | under this
Act, under permits and for such periods of time as | ||||||
16 | specified therein; and
providing for the employment of | ||||||
17 | learners at wages lower than the wage rate
applicable under | ||||||
18 | this Act. However, such regulation shall not permit lower
| ||||||
19 | wages for persons with disabilities on any basis that is | ||||||
20 | unrelated to such person's
ability resulting from his | ||||||
21 | disability, and such regulation may be issued only
after | ||||||
22 | notice and opportunity for public hearing as provided in | ||||||
23 | subsection
(c) of this Section. This subsection (b) is | ||||||
24 | inoperative on and after July 1, 2027.
| ||||||
25 | (c) Prior to the adoption, amendment or repeal of any rule |
| |||||||
| |||||||
1 | or regulation
by the Director under this Act, except | ||||||
2 | regulations which concern only the
internal management of the | ||||||
3 | Department of Labor and do not affect any public
right | ||||||
4 | provided by this Act, the Director shall give proper notice to
| ||||||
5 | persons in any industry or occupation that may be affected by | ||||||
6 | the proposed
rule or regulation, and hold a public hearing on | ||||||
7 | the Director's his proposed action at
which any such affected | ||||||
8 | person, or the Director's his duly authorized representative, | ||||||
9 | may
attend and testify or present other evidence for or | ||||||
10 | against such proposed
rule or regulation. Rules and | ||||||
11 | regulations adopted under this Section shall
be filed with the | ||||||
12 | Secretary of State in compliance with "An Act concerning
| ||||||
13 | administrative rules", as now or hereafter amended. Such | ||||||
14 | adopted and filed
rules and regulations shall become effective | ||||||
15 | 10 days after copies thereof
have been mailed by the | ||||||
16 | Department to persons in industries affected
thereby at their | ||||||
17 | last known address.
| ||||||
18 | (d) The commencement of proceedings by any person | ||||||
19 | aggrieved by an
administrative regulation issued under this | ||||||
20 | Act does not, unless
specifically ordered by the Court, | ||||||
21 | operate as a stay of that administrative
regulation against | ||||||
22 | other persons. The Court shall not grant any stay of an
| ||||||
23 | administrative regulation unless the person complaining of | ||||||
24 | such regulation
files in the Court an undertaking with a | ||||||
25 | surety or sureties satisfactory to
the Court for the payment | ||||||
26 | to the employees affected by the regulation, in
the event such |
| |||||||
| |||||||
1 | regulation is affirmed, of the amount by which the
| ||||||
2 | compensation such employees are entitled to receive under the | ||||||
3 | regulation
exceeds the compensation they actually receive | ||||||
4 | while such stay is in
effect. | ||||||
5 | (e) The Department may adopt emergency rules in
accordance | ||||||
6 | with Section 5-45 of the Illinois Administrative
Procedure Act | ||||||
7 | to implement the changes made by this amendatory Act of the | ||||||
8 | 101st General Assembly.
| ||||||
9 | (Source: P.A. 101-1, eff. 2-19-19.)
| ||||||
10 | (820 ILCS 105/5 rep.)
| ||||||
11 | Section 30. The Minimum Wage Law is amended by repealing | ||||||
12 | Section 5.
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|