Full Text of HB0793 103rd General Assembly
HB0793ham001 103RD GENERAL ASSEMBLY | Rep. Theresa Mah Filed: 5/15/2023
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| 1 | | AMENDMENT TO HOUSE BILL 793
| 2 | | AMENDMENT NO. ______. Amend House Bill 793 by replacing | 3 | | everything after the enacting clause with the following:
| 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)
| 2 | | Sec. 45-35. Not-for-profit agencies for persons with | 3 | | significant disabilities. | 4 | | (a) Qualification. Supplies and services may be procured
| 5 | | without advertising or calling
for bids from any qualified | 6 | | not-for-profit agency for persons with significant | 7 | | disabilities that:
| 8 | | (1) complies with Illinois laws governing private
| 9 | | not-for-profit organizations;
| 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
| 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
| 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
| 24 | | Services.
| 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.
| 4 | | (c) Committee. There is created within the Department of
| 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
| 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
| 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.
| 14 | | The State Use Committee shall have the following powers | 15 | | and duties:
| 16 | | (1) To request from any State agency information as to
| 17 | | product specification
and service requirements in order to | 18 | | carry out its purpose.
| 19 | | (2) To meet quarterly or more often as necessary to
| 20 | | carry out its purposes.
| 21 | | (3) To request a quarterly report from each
| 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.
| 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.
| 4 | | (5) To prepare a publication that lists all supplies
| 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.
| 9 | | (6) To encourage diversity in supplies and services
| 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.
| 13 | | (7) To develop guidelines to be followed by qualifying
| 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
| 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.
| 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:
| 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).
| 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.)
| 15 | | Section 20. The Business Enterprise for Minorities, Women, | 16 | | and Persons with
Disabilities Act is amended by changing | 17 | | Section 2 as follows:
| 18 | | (30 ILCS 575/2)
| 19 | | (Section scheduled to be repealed on June 30, 2024) | 20 | | Sec. 2. Definitions.
| 21 | | (A) For the purpose of this Act, the following
terms shall | 22 | | have the following definitions:
| 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:
| 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).
| 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.
| 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:
| 3 | | (a) results from:
| 4 | | amputation,
| 5 | | arthritis,
| 6 | | autism,
| 7 | | blindness,
| 8 | | burn injury,
| 9 | | cancer,
| 10 | | cerebral palsy,
| 11 | | Crohn's disease, | 12 | | cystic fibrosis,
| 13 | | deafness,
| 14 | | head injury,
| 15 | | heart disease,
| 16 | | hemiplegia,
| 17 | | hemophilia,
| 18 | | respiratory or pulmonary dysfunction,
| 19 | | an intellectual disability,
| 20 | | mental illness,
| 21 | | multiple sclerosis,
| 22 | | muscular dystrophy,
| 23 | | musculoskeletal disorders,
| 24 | | neurological disorders, including stroke and | 25 | | epilepsy,
| 26 | | paraplegia,
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| 1 | | quadriplegia and other spinal cord conditions,
| 2 | | sickle cell anemia,
| 3 | | ulcerative colitis, | 4 | | specific learning disabilities, or
| 5 | | end stage renal failure disease; and
| 6 | | (b) substantially limits one or more of the | 7 | | person's major life activities.
| 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).
| 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.
| 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 |
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| 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 |
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| 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, |
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| 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 |
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| 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 |
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| 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 |
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| 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:
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| 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 |
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| 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 |
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| 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.".
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