Full Text of HB1592 100th General Assembly
HB1592ham001 100TH GENERAL ASSEMBLY | Rep. Theresa Mah Filed: 4/9/2018
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| 1 | | AMENDMENT TO HOUSE BILL 1592
| 2 | | AMENDMENT NO. ______. Amend House Bill 1592 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Declaration of policy and intent. Section 14(c) | 5 | | of the Fair Labor Standards Act of 1938 authorizes the United | 6 | | States Department of Labor to grant special wage certificates | 7 | | to certain entities, which may then pay special minimum wages | 8 | | less than the federal minimum wage to workers who have | 9 | | disabilities. 119 Illinois entities are permitted to employ | 10 | | 11,555 individuals with disabilities under certificates issued | 11 | | to Community Rehabilitation Programs under Section 14(c) of the | 12 | | Fair Labor Standards Act of 1938. Among those now working for | 13 | | less than minimum wage are people with autism, cerebral palsy, | 14 | | spina bifida, Down syndrome, and other intellectual, | 15 | | developmental, and sensory disabilities including blindness | 16 | | and deafness. Employees with disabilities rarely transition | 17 | | from Section 14(c) programs to integrated employment at |
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| 1 | | competitive wages. The practice of paying workers with | 2 | | disabilities less than the federal minimum wage dates back to | 3 | | the 1930s, a time when there was virtually no employment | 4 | | opportunities for workers with disabilities in the mainstream | 5 | | workforce. The Illinois Employment First Act stipulates that | 6 | | "competitive and integrated employment shall be considered the | 7 | | first option when serving persons with disabilities of working | 8 | | age". Advancements in vocational rehabilitation, technology, | 9 | | and training now provide greater opportunities to workers with | 10 | | disabilities. | 11 | | Section 5. The Department of Human Services Act is amended | 12 | | by adding Sections 1-75 and 1-80 as follows: | 13 | | (20 ILCS 1305/1-75 new) | 14 | | Sec. 1-75. Phase-out plan. | 15 | | (a) The Department, in partnership with other State | 16 | | agencies, including the Department of Labor, the Department of | 17 | | Healthcare and Family Services, the Department of Central | 18 | | Management Services, the Department of Commerce and Economic | 19 | | Opportunity, the Department of Employment Security, and the | 20 | | State Board of Education, shall develop and implement a plan to | 21 | | phase out, on or before July 1, 2022, authorizations under | 22 | | Sections 5 and 10 of the Minimum Wage Law to pay an employee | 23 | | with a disability less than the minimum wage otherwise required | 24 | | for the employee under Illinois law. |
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| 1 | | (b) The phase-out plan shall include all of the following: | 2 | | (1) Benchmarks and desired outcomes for each year of | 3 | | the phase-out. | 4 | | (2) A list of the resources necessary, including | 5 | | changes to State policy or service and program | 6 | | reimbursement rates, to ensure that individuals with | 7 | | disabilities receive support according to the needs and | 8 | | preferences of the individuals and in an integrated | 9 | | setting, regardless of the nature or severity of the | 10 | | individuals' disabilities. | 11 | | (3) A description of alternative revenue options, | 12 | | including non-subminimum wage programs, for holders of | 13 | | certificates issued under Section 14(c) of the Fair Labor | 14 | | Standards Act of 1938. | 15 | | (4) An examination of the measures needed to improve | 16 | | future employment and day service options for people with | 17 | | disabilities, including recommendations for new or | 18 | | reformulated day services programming designed to | 19 | | strengthen statewide capacity to maximize the potential of | 20 | | every individual with a disability. This should include a | 21 | | review and recommendation about transitioning subminimum | 22 | | workshops into integrated work centers, where all workers | 23 | | earn at least the standard minimum wage. | 24 | | (5) A timeline for comprehensive training about | 25 | | supported employment and customized employment. The | 26 | | training shall include benefits counseling and education |
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| 1 | | to reduce misinformation that discourages income-producing | 2 | | work. Training audiences shall include the following | 3 | | persons and organizations: | 4 | | (A) Counselors from the Department's Division of | 5 | | Rehabilitation Services. | 6 | | (B)
Staff from the Department's Division of | 7 | | Developmental Disabilities. | 8 | | (C)
Organizations affiliated with the Department's | 9 | | Division of Rehabilitation Services or Division of | 10 | | Developmental Disabilities that are certified to serve | 11 | | persons with disabilities by the State or federal | 12 | | government. | 13 | | (D)
High school special education and transition | 14 | | staff. | 15 | | (E)
Independent Service Coordination agency staff. | 16 | | (F)
Community Work Incentives Coordinators. | 17 | | Training content developed or approved by federal | 18 | | agencies shall be used, if possible, including training | 19 | | content from the following agencies: | 20 | | (i) The Office of Disability Employment Policy in | 21 | | the United States Department of Labor. | 22 | | (ii)
The Rehabilitation Services Administration in | 23 | | the United States Department of Education. | 24 | | (iii)
The Administration for Community Living in | 25 | | the United States Department of Health and Human | 26 | | Services. |
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| 1 | | (6) A proposal to modify the Business Enterprise | 2 | | Program and the State Use Program to ensure future State | 3 | | contracts are not awarded to entities paying workers less | 4 | | than the minimum wage. | 5 | | (7) Application for and use of all federal and State | 6 | | funding programs, including programs available under | 7 | | Medicaid waiver amendments and resources under the federal | 8 | | Workforce Innovation and Opportunity Act, to assist | 9 | | individuals with disabilities to obtain competitive, | 10 | | integrated employment. | 11 | | (8) The tracking of outcomes of individuals with | 12 | | disabilities on the basis of: | 13 | | (A) wages; | 14 | | (B) unemployment rates; | 15 | | (C) the number of individuals who move from | 16 | | subminimum wage positions to competitive, integrated | 17 | | employment; and | 18 | | (D)
the number of individuals who move from | 19 | | subminimum wage positions to nonpaying activities. | 20 | | (9) In the formulation of the phase-out plan, special | 21 | | attention must be paid to building adequate capacity in the | 22 | | disability provider ecosystem to ensure individuals with | 23 | | all levels of disability can secure competitive, | 24 | | integrated employment as defined in the federal Workforce | 25 | | Innovation and Opportunity Act. Special care must be given | 26 | | to prevent any systematic shift of income-earning activity |
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| 1 | | to unpaid day habilitation activity. | 2 | | (c) In implementing the phase-out plan, the Department | 3 | | shall consult with: | 4 | | (1) the State agencies listed in subsection (a); | 5 | | (2) the ARC of Illinois; | 6 | | (3) the Illinois Association of Rehabilitation | 7 | | Facilities; | 8 | | (4) the Illinois Network of Centers for Independent | 9 | | Living; | 10 | | (5) the Illinois Task Force on Employment and Economic | 11 | | Opportunity for Persons with Disabilities; | 12 | | (6) the Illinois Self-Advocacy Alliance; | 13 | | (7) the Institute on Public Policy for People with | 14 | | Disabilities; | 15 | | (8) the Great Lakes ADA Center; | 16 | | (9) holders of certificates issued to Community | 17 | | Rehabilitation Programs under Section 14(c) of the Fair | 18 | | Labor Standards Act of 1938; | 19 | | (10) the Association of People Supporting Employment | 20 | | First; | 21 | | (11) the Illinois Association of the Deaf; | 22 | | (12) the University Center of Excellence in | 23 | | Developmental Disabilities; | 24 | | (13) the National Federation of the Blind of Illinois; | 25 | | and | 26 | | (14) any other relevant stakeholders. |
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| 1 | | (d)(1) On or before January 1, 2019, the Secretary of Human | 2 | | Services shall submit the phase-out plan to the Governor and | 3 | | the General Assembly. | 4 | | (2) On or before January 1, 2020, January 1, 2021, and | 5 | | January 1, 2022, the Secretary shall report to the Governor and | 6 | | the General Assembly on: | 7 | | (A) the benchmarks and status of achieving the outcomes | 8 | | included in the phase-out plan; and | 9 | | (B) recommendations for funding levels or other | 10 | | resources necessary to implement the phase-out plan. | 11 | | (20 ILCS 1305/1-80 new) | 12 | | Sec. 1-80. Customized work plans. | 13 | | (a)(1) For each individual who is paid less than the | 14 | | minimum wage under Sections 5 and 10 of the Minimum Wage Law, | 15 | | the Department shall develop a written individualized | 16 | | customized work plan on or before January 1, 2020 that | 17 | | addresses how community integration and employment will be | 18 | | accomplished. | 19 | | (2) The customized work plan shall be developed with input | 20 | | from the individual receiving services, and, where applicable, | 21 | | from the individual's family, the individual's vocational | 22 | | rehabilitation counselor, and any staff from the Department's | 23 | | Division of Developmental Disabilities or a Pre-Admission | 24 | | Screening/Independent Service Coordination agency who have | 25 | | interacted with the individual concerning employment and other |
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| 1 | | life goals. | 2 | | (3) The Department shall use appropriate communication | 3 | | devices and techniques, including sign language, to facilitate | 4 | | the involvement of the individual in the development of each | 5 | | customized work plan. | 6 | | (b) Customized work plans shall include all of the | 7 | | following: | 8 | | (1) A recommendation on the most integrated setting | 9 | | appropriate to meet the individual's needs. | 10 | | (2) A description of the services and supports required | 11 | | for the individual to work, if so desired by the | 12 | | individual, in the most integrated setting appropriate to | 13 | | meet the individual's goals. | 14 | | (3) A listing of barriers that prevent the individual | 15 | | from receiving the services and supports required for the | 16 | | individual to work in the most integrated setting | 17 | | appropriate to meet the individual's needs, including: | 18 | | (A) barriers to accessing funding and resources, | 19 | | including for staffing, transportation, and other | 20 | | needed services and supports; | 21 | | (B) decision-making by the individual or the | 22 | | individual's representative, as appropriate; | 23 | | (C) barriers to accessing medical or behavioral | 24 | | support needs; | 25 | | (D) family members' concerns or opposition; and | 26 | | (E) options for activity other than compensated |
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| 1 | | employment in the person's life and community. | 2 | | (4) An update on the status and progress made toward | 3 | | addressing and resolving barriers identified under | 4 | | paragraph (3) in a previous customized work plan. | 5 | | (c) The Department shall develop, in consultation with | 6 | | interested stakeholders, the protocol and format for the | 7 | | customized work plan. | 8 | | (d)(1) On an annual basis, and at any other time as | 9 | | requested by the individual, an individual who is paid less | 10 | | than the minimum wage under Sections 5 and 10 of the Minimum | 11 | | Wage Law and the individual's vocational rehabilitation | 12 | | counselor, or any other responsible party designated by the | 13 | | Secretary, shall discuss the most integrated employment | 14 | | setting that is appropriate for the individual in accordance | 15 | | with the federal Americans with Disabilities Act. | 16 | | (2) The annual review shall document in the individual's | 17 | | customized work plan: | 18 | | (A) any discussions held in accordance with paragraph | 19 | | (1); and | 20 | | (B) any recommendations that resulted from the | 21 | | discussions held in accordance with paragraph (1). | 22 | | (e)(1) The Department shall track the progress of | 23 | | individuals who have customized work plans by collecting the | 24 | | following data: | 25 | | (A) the wages of the individuals; | 26 | | (B) the unemployment rates of the individuals; |
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| 1 | | (C) the number of individuals who moved from subminimum | 2 | | wage positions to competitive, integrated employment; | 3 | | (D) the number of individuals who moved from subminimum | 4 | | wage positions to nonpaying activities; and | 5 | | (E) the health costs, including outpatient mental | 6 | | health costs, paid by Medicaid for the individuals. | 7 | | (2) On or before January 1, 2021, January 1, 2022, and | 8 | | January 1, 2023, the Secretary shall submit to the Governor and | 9 | | the General Assembly a summary of the data collected under | 10 | | paragraph (1) on a statewide and regional basis. | 11 | | (f) A new employee employed at less than the minimum wage | 12 | | under Sections 5 and 10 of the Minimum Wage Law shall: | 13 | | (1) be informed by his or her employer of all | 14 | | opportunities to obtain competitive, integrated | 15 | | employment; | 16 | | (2) have a customized work plan in accordance with this | 17 | | Section that includes: | 18 | | (A) a goal to achieve a specific employment | 19 | | outcome; | 20 | | (B) a description of the supports needed to achieve | 21 | | the goal; | 22 | | (C) a plan for monitoring progress toward the goal; | 23 | | (D) the barriers to competitive, integrated | 24 | | employment; and | 25 | | (E) any goals and activities for the employee when | 26 | | work is not available or the employee chooses not to |
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| 1 | | work on a specific day or during a specific shift; and | 2 | | (3) when choosing to work, be engaged in work that is | 3 | | consistent with the employee's unique strengths, | 4 | | resources, priorities, concerns, abilities, capabilities, | 5 | | interests, and informed choice; | 6 | | (4) choose the employer and the employment; and | 7 | | (5) be informed of the employee's right to choose when | 8 | | to work. | 9 | | Section 10. The Department of Labor Law of the
Civil | 10 | | Administrative Code of Illinois is amended by adding Section | 11 | | 1505-215 as follows: | 12 | | (20 ILCS 1505/1505-215 new) | 13 | | Sec. 1505-215. Special wage certificates; persons with | 14 | | disabilities. | 15 | | (a) As used in this Section: | 16 | | "Director" means the Director of Labor. | 17 | | "Federal certificate" means a certificate that the United | 18 | | States Department of Labor issues to a work activities center | 19 | | or other sheltered workshop to allow the work activities center | 20 | | or sheltered workshop to pay an individual less than the wage | 21 | | otherwise required for that individual under the federal Fair | 22 | | Labor Standards Act of 1938. | 23 | | (b)(1) Subject to the limitations in this Section, the | 24 | | Director may not authorize a work activities center or other |
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| 1 | | sheltered workshop to pay an employee who has a disability less | 2 | | than the minimum wage otherwise required under the Minimum Wage | 3 | | Law for the employee. | 4 | | (2) Beginning January 1, 2020, the Director may not | 5 | | authorize a work activities center or other sheltered workshop | 6 | | to pay an employee with a disability less than the minimum wage | 7 | | if the work activities center or sheltered workshop was not | 8 | | authorized to do so before January 1, 2019 by the United States | 9 | | Department of Labor. | 10 | | (c)(1) To authorize a work activities center or other | 11 | | sheltered workshop to pay less than the minimum wage, the | 12 | | Director shall: | 13 | | (A) issue a State certificate that sets wages for | 14 | | employees of the work activities center or sheltered | 15 | | workshop; | 16 | | (B) accept a federal certificate for the work | 17 | | activities center or sheltered workshop; or | 18 | | (C) grant an exception for the work activities center | 19 | | or sheltered workshop, but only if: | 20 | | (i) the Director has not issued a State certificate | 21 | | to the work activities center or sheltered workshop; | 22 | | (ii) the work activities center or sheltered | 23 | | workshop is not eligible for a federal certificate; and | 24 | | (iii) the Director investigates and holds a | 25 | | hearing on the exception. | 26 | | (2) The Director shall accept a federal certificate if a |
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| 1 | | work activities center or other sheltered workshop submits that | 2 | | federal certificate to the Director within 10 days after the | 3 | | work activities center or sheltered workshop receives the | 4 | | federal certificate. | 5 | | (d)(1) Each certificate that the Director issues under this | 6 | | Section shall state the period for which the certificate is in | 7 | | effect. | 8 | | (2) The acceptance of a federal certificate does not apply | 9 | | automatically to an individual whom a work activities center or | 10 | | other sheltered workshop continues to employ after the | 11 | | individual completes a training program that the work | 12 | | activities center or sheltered workshop runs. | 13 | | (e)(1) The Director may revoke acceptance of a federal | 14 | | certificate if: | 15 | | (A) the United States Department of Labor revokes the | 16 | | federal certificate; or | 17 | | (B) at any time before revocation by the Department of | 18 | | Labor and after an investigation and hearing, the Director | 19 | | finds good cause to revoke the acceptance. | 20 | | (2) The Director shall send notice of a hearing under this | 21 | | subsection, by certified mail, to the holder of the federal | 22 | | certificate at least 30 days before the hearing.
| 23 | | Section 15. The Illinois Council on Developmental | 24 | | Disabilities Law is amended by adding Section 2008 as follows: |
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| 1 | | (20 ILCS 4010/2008 new) | 2 | | Sec. 2008. Independent study on phase-out and customized | 3 | | work plans. | 4 | | (a) The Illinois Council on Developmental Disabilities | 5 | | shall: | 6 | | (1) commission an independent study of the phase-out | 7 | | plan and the customized work plans described in Sections | 8 | | 1-75 and 1-80 of the Department of Human Services Act; | 9 | | (2) determine through the study: | 10 | | (A) whether the plans are having their intended | 11 | | effects; | 12 | | (B) how many people have transitioned from | 13 | | subminimum wage work to competitive, integrated | 14 | | employment opportunities; | 15 | | (C) whether there are any significant, related, | 16 | | regional, or demographic trends; and | 17 | | (D) whether there are health care savings or costs | 18 | | as a result of the plans; and | 19 | | (3) make any related recommendations for possible | 20 | | changes in State law or policy regarding the employment of | 21 | | individuals with disabilities. | 22 | | (b) On or before July 1, 2021, the Illinois Council on | 23 | | Developmental Disabilities shall report its findings and | 24 | | recommendations to the Governor and the General Assembly. | 25 | | Section 20. The Minimum Wage Law is amended by changing |
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| 1 | | Section 5 as follows:
| 2 | | (820 ILCS 105/5) (from Ch. 48, par. 1005)
| 3 | | Sec. 5.
| 4 | | (a) The Director may provide by regulation for the | 5 | | employment in any
occupation of individuals whose earning | 6 | | capacity is impaired by age, or
physical or mental deficiency | 7 | | or injury at such wages lower than the
minimum wage rate | 8 | | provided in Section 4, subsection (a), as he may find
| 9 | | appropriate to prevent curtailment of opportunities for | 10 | | employment, to
avoid undue hardship, and to safeguard the | 11 | | minimum wage rate of this Act,
except that no person who | 12 | | maintains a production level within the limits
required of | 13 | | other employees may be paid at less than the minimum wage. No
| 14 | | employee shall be employed at wages fixed pursuant to this | 15 | | Section except
under a special license issued under applicable | 16 | | regulations of the
Director.
| 17 | | (b) Notwithstanding the provisions of subsection (a), | 18 | | beginning July 1, 2022, the State of Illinois shall not fund | 19 | | any entity that pays individuals less than the minimum wage | 20 | | under a certificate issued by the United States Department of | 21 | | Labor that authorizes Community Rehabilitation Programs to pay | 22 | | individuals less than the wage otherwise required for the | 23 | | individuals under federal law. | 24 | | (Source: P.A. 77-1451.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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