Illinois General Assembly - Full Text of HB0793
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Full Text of HB0793  103rd General Assembly


Rep. Theresa Mah

Filed: 5/15/2023





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2    AMENDMENT NO. ______. Amend House Bill 793 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Reference to Act. This Act may be referred to
5as 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
8of 1938 provides for the employment of persons with
9disabilities at wage rates below the statutory federal minimum
10wage. Among those who have worked for subminimum wages in
11Illinois are people with intellectual, developmental,
12physical, and sensory disabilities, including those who are
13blind or deaf or are diagnosed with cerebral palsy, spina
14bifida, or Down syndrome. Section 14(c) authorizations result
15in a national average wage of approximately $3 per hour for
16disabled workers who have engaged in work activities under a



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114(c) wage certificate.
2    Data released in October 2022 from the United States
3Department of Labor shows that Illinois ranks second in the
4nation in the number of 14(c) certificates issued or pending,
5with several thousand Illinois residents with disabilities
6engaged in activities compensated below minimum wage. These
7activities most often occur in congregate work centers (also
8known as facility-based employment or sheltered workshops)
9some of which may have the effect of isolating people with
10disabilities from the greater community.
11    The Illinois Employment First Act stipulates that
12"competitive and integrated employment shall be considered the
13first option when serving persons with disabilities of working
14age." Across the United States, 13 states have passed
15legislation to eliminate subminimum wages for persons with
17    Ensuring that persons with disabilities have the
18opportunity to pursue employment paid in an amount equal to
19the minimum wage or higher is a critical element to achieving
20the 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
23State Use Program that employ persons with disabilities to
24provide payment to workers at no less than the applicable
25local, if higher, or Illinois minimum wage for all employees
26performing work on the contract.



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1    (b) Additional service enhancements, rate adjustments,
2investments, and policy changes are needed to address systemic
3barriers to assist persons with disabilities to access
4increased employment opportunities and earn at or above the
5Illinois minimum wage.
6    (c) Collaborative partnerships between State agencies and
7key stakeholder organizations, including, but not limited to,
8those noted in this amendatory Act of the 103rd General
9Assembly, shall result in a complete phase out of Illinois
1014(c) certificates on July 1, 2027, unless a subsequent Act by
11the General Assembly authorizes an earlier date for phase out.
12    Section 5. The Department of Human Services Act is amended
13by 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
16Department, in partnership with other State agencies,
17including the Department of Labor, the Department of
18Healthcare and Family Services, the Department of Central
19Management Services, the Department of Commerce and Economic
20Opportunity, the Department of Employment Security, and the
21State Board of Education, shall eliminate on July 1, 2027 the
22use of active or pending 14(c) certificates authorized under
23the federal Fair Labor Standards Act of 1938, as well as
24authorizations permitted under Sections 5 and 10 of the



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1Minimum Wage Law to pay an employee with a disability less than
2the minimum wage otherwise required for employees under
3Section 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
7special fund in the State treasury. Moneys in the Fund shall be
8used, subject to appropriation, by the Department for
9community agencies with active or pending 14(c) certificates
10to aid in the transition away from subminimum wages for
11employees with disabilities. The goal of the 14(c) Transition
12Grant Fund is to develop new opportunities and programs and
13grow capacity to respond to the needs of individuals with
14disabilities in their geographic area, such as supported
15employment programs and diverse day programs that support
16meaningful days, choice, and community integration. The Fund
17may be used to provide wage subsidies to employers who offer
18integrated work options to workers with disabilities who
19previously worked for subminimum wages.
20    (b) The Department shall adopt rules establishing a
21process for the equitable and transparent administration of
22the Fund.
23    Section 7. The Employment and Economic Opportunity for
24Persons with Disabilities Task Force Act is amended by adding



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1Section 16 as follows:
2    (20 ILCS 4095/16 new)
3    Sec. 16. Multi-year plan towards elimination of 14(c)
4certificates. By no later than July 1, 2025, the Employment
5and Economic Opportunity for Persons with Disabilities Task
6Force shall create a multi-year plan of recommended actions,
7outcomes, and benchmarks in accordance with paragraphs (1)
8through (3) to help the State meets its goal to eliminate the
9use 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
19Section 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
23changing 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
3significant disabilities.
4    (a) Qualification. Supplies and services may be procured
5without advertising or calling for bids from any qualified
6not-for-profit agency for persons with significant
7disabilities 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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1agency must have indicated an interest in providing the
2supplies and services, must meet the specifications and needs
3of the using agency, and must set a fair and reasonable price.
4    (c) Committee. There is created within the Department of
5Central Management Services a committee to facilitate the
6purchase of products and services from not-for-profit agencies
7that provide employment opportunities to persons with physical
8disabilities, intellectual or developmental disabilities,
9mental illnesses, or any combination thereof. This committee
10is called the State Use Committee. The State Use Committee
11shall consist of the Director of the Department of Central
12Management Services or his or her designee, the Secretary of
13the Department of Human Services or his or her designee, the
14Director of Commerce and Economic Opportunity or his or her
15designee, one public member representing private business who
16is knowledgeable of the employment needs and concerns of
17persons with developmental disabilities, one public member
18representing private business who is knowledgeable of the
19needs and concerns of rehabilitation facilities, one public
20member who is knowledgeable of the employment needs and
21concerns of persons with developmental disabilities, one
22public member who is knowledgeable of the needs and concerns
23of rehabilitation facilities, 2 members who have a disability,
242 public members from a statewide association that represents
25community-based rehabilitation facilities serving or
26supporting individuals with intellectual or developmental



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1disabilities, and one public member from a disability-focused
2statewide advocacy group, all appointed by the Governor. The
3public members shall serve 2 year terms, commencing upon
4appointment and every 2 years thereafter. A public member may
5be reappointed, and vacancies shall be filled by appointment
6for the completion of the term. In the event there is a vacancy
7on the State Use Committee, the Governor must make an
8appointment to fill that vacancy within 30 calendar days after
9the notice of vacancy. The members shall serve without
10compensation but shall be reimbursed for expenses at a rate
11equal to that of State employees on a per diem basis by the
12Department of Central Management Services. All members shall
13be entitled to vote on issues before the State Use Committee.
14    The State Use Committee shall have the following powers
15and 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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1shall, in consultation with the State Use Committee, determine
2which articles, materials, services, food stuffs, and supplies
3that are produced, manufactured, or provided by persons with
4significant disabilities in qualified not-for-profit agencies
5shall be given preference by purchasing agencies procuring
6those items.
7    (d) (Blank).
8    (e) Subcontracts. Subcontracts shall be permitted for
9agreements authorized under this Section. For the purposes of
10this subsection (e), "subcontract" means any acquisition from
11another source of supplies, not including raw materials, or
12services required by a qualified not-for-profit agency to
13provide the supplies or services that are the subject of the
14contract between the State and the qualified not-for-profit
16    The State Use Committee shall develop guidelines to be
17followed by qualified not-for-profit agencies when seeking and
18establishing subcontracts with other persons or not-for-profit
19agencies in order to fulfill State contract requirements.
20These 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,
16and Persons with Disabilities Act is amended by changing
17Section 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
22have 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
7combination of minority persons, women, or persons with
8disabilities, even though none of the 3 classes alone holds at
9least a 51% interest, the ownership requirement for purposes
10of this Act is considered to be met. The certification
11category for the business is that of the class holding the
12largest ownership interest in the business. If 2 or more
13classes have equal ownership interests, the certification
14category shall be determined by the business.
15(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
16102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
17    Section 23. The Illinois Public Aid Code is amended by
18changing 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
22under the ID/DD Community Care Act, the Community-Integrated
23Living Arrangements Licensure and Certification Act, the
24Specialized Mental Health Rehabilitation Act of 2013, or the



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1MC/DD Act for whom payments are made under this Article
2throughout a month and who is determined to be eligible for
3medical assistance under this Article, the State shall pay an
4amount in addition to the minimum monthly personal needs
5allowance authorized under Section 1902(q) of Title XIX of the
6Social Security Act (42 U.S.C. 1396(q)) so that the person's
7total monthly personal needs allowance from both State and
8federal sources equals $60.
9    (b) Beginning January 1, 2024, for a person who is a
10resident in a facility licensed under the Community-Integrated
11Living Arrangements Licensure and Certification Act for whom
12payments are made under this Article throughout a month and
13who is determined to be eligible for medical assistance under
14this Article, the State shall pay an amount in addition to the
15minimum monthly personal needs allowance authorized under
16Section 1902(q) of Title XIX of the Social Security Act so that
17the person's total monthly personal needs allowance from both
18State and federal sources equals $100.
19    (c) Beginning January 1, 2025, the personal needs
20allowance described in subsection (b) shall increase annually
21at the same rate as the Social Security cost-of-living
22adjustment 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
25Section 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
3administrative regulations, including definitions of terms, as
4the Director he deems appropriate to carry out the purposes of
5this Act, to prevent the circumvention or evasion thereof, and
6to safeguard the minimum wage established by the Act.
7Regulations governing employment of learners may be issued
8only after notice and opportunity for public hearing, as
9provided in subsection (c) of this Section.
10    (b) In order to prevent curtailment of opportunities for
11employment, avoid undue hardship, and safeguard the minimum
12wage rate under this Act, the Director may also issue
13regulations providing for the employment of workers with
14disabilities at wages lower than the wage rate applicable
15under this Act, under permits and for such periods of time as
16specified therein; and providing for the employment of
17learners at wages lower than the wage rate applicable under
18this Act. However, such regulation shall not permit lower
19wages for persons with disabilities on any basis that is
20unrelated to such person's ability resulting from his
21disability, and such regulation may be issued only after
22notice and opportunity for public hearing as provided in
23subsection (c) of this Section. This subsection (b) is
24inoperative on and after July 1, 2027.
25    (c) Prior to the adoption, amendment or repeal of any rule



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1or regulation by the Director under this Act, except
2regulations which concern only the internal management of the
3Department of Labor and do not affect any public right
4provided by this Act, the Director shall give proper notice to
5persons in any industry or occupation that may be affected by
6the proposed rule or regulation, and hold a public hearing on
7the Director's his proposed action at which any such affected
8person, or the Director's his duly authorized representative,
9may attend and testify or present other evidence for or
10against such proposed rule or regulation. Rules and
11regulations adopted under this Section shall be filed with the
12Secretary of State in compliance with "An Act concerning
13administrative rules", as now or hereafter amended. Such
14adopted and filed rules and regulations shall become effective
1510 days after copies thereof have been mailed by the
16Department to persons in industries affected thereby at their
17last known address.
18    (d) The commencement of proceedings by any person
19aggrieved by an administrative regulation issued under this
20Act does not, unless specifically ordered by the Court,
21operate as a stay of that administrative regulation against
22other persons. The Court shall not grant any stay of an
23administrative regulation unless the person complaining of
24such regulation files in the Court an undertaking with a
25surety or sureties satisfactory to the Court for the payment
26to the employees affected by the regulation, in the event such



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1regulation is affirmed, of the amount by which the
2compensation such employees are entitled to receive under the
3regulation exceeds the compensation they actually receive
4while such stay is in effect.
5    (e) The Department may adopt emergency rules in accordance
6with Section 5-45 of the Illinois Administrative Procedure Act
7to implement the changes made by this amendatory Act of the
8101st 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
12Section 5.
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".