Rep. Theresa Mah

Filed: 5/17/2024





10300HB0793ham004LRB103 04385 KTG 73658 a


2    AMENDMENT NO. ______. Amend House Bill 793, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Reference to Act. This Act may be referred to
6as the Dignity in Pay Act.
7    Section 3. Declaration of policy and intent.
8    (a) Section 14(c) of the federal Fair Labor Standards Act
9of 1938 provides for the employment of persons with
10disabilities at wage rates below the statutory federal minimum
11wage. Among those who have worked for subminimum wages in
12Illinois are people with intellectual, developmental,
13physical, and sensory disabilities, including those who are
14blind or deaf or are diagnosed with cerebral palsy, spina
15bifida, or Down syndrome. Section 14(c) authorizations result
16in a national average wage of approximately $3 per hour for



10300HB0793ham004- 2 -LRB103 04385 KTG 73658 a

1workers with disabilities who have engaged in work activities
2under a 14(c) wage certificate.
3    Data released in October 2022 from the United States
4Department of Labor shows that Illinois ranks second in the
5nation in the number of 14(c) certificates issued or pending,
6with several thousand Illinois residents with disabilities
7engaged in activities compensated below minimum wage. These
8activities most often occur in congregate work centers (also
9known as facility-based employment or sheltered workshops)
10some of which may have the effect of isolating people with
11disabilities from the greater community.
12    The Illinois Employment First Act stipulates that
13"competitive and integrated employment shall be considered the
14first option when serving persons with disabilities of working
15age." Across the United States, 18 states eliminated, phased
16out, or modified the authority of employers to pay subminimum
17wages to people with disabilities.
18    Ensuring that Illinois maximizes opportunities for persons
19with disabilities to secure gainful employment is a critical
20element to achieving the requirements of the Illinois
21Employment First Act. The Workforce Innovation and Opportunity
22Act (Public Law 113-128) and Section 7 of the Rehabilitation
23Act of 1973 (29 U.S.C. 705) define competitive integrated
24employment as "work that is performed on a full-time or
25part-time basis for which an individual is: compensated at a
26rate that shall be not less than the rate specified in the



10300HB0793ham004- 3 -LRB103 04385 KTG 73658 a

1applicable State or local minimum wage law; and is not less
2than the customary rate paid by the employer for the same or
3similar work performed by other employees who are not
4individuals with disabilities, and who are similarly situated
5in similar occupations by the same employer and who have
6similar training, experience, and skills; or in the case of an
7individual who is self-employed, yields an income that is
8comparable to the income received by other individuals who are
9not individuals with disabilities, and who are self-employed
10in similar occupations or on similar tasks and who have
11similar training, experience, and skills; and is eligible for
12the level of benefits provided to other employees".
13    Paying workers with disabilities subminimum wages
14perpetuates harmful, unfair, and inaccurate stereotypes about
15the potential and worth of people with disabilities, affects
16their capacity to earn wages equivalent to those of their
17peers without disabilities, and diminishes the expectations
18about and perceived value of their contributions to the
19workforce and society.
20    Eliminating subminimum wage employment for people with
21disabilities, coupled with the implementation of service
22enhancements and policy changes, is crucial for advancing
23economic justice and accelerating dignity and self-sufficiency
24for all people. It ensures that those currently employed in
25subminimum wage jobs can transition to competitive integrated
26employment, supported employment, or integrated community



10300HB0793ham004- 4 -LRB103 04385 KTG 73658 a

1activities aligned with their individual aspirations.
2    On October 4, 2021, the Governor signed Executive Order 26
3(2021), which requires all contracts through the Illinois
4State Use Program to provide payment to workers at no less than
5the applicable local, if higher, or Illinois minimum wage for
6all employees performing work on the contract.
7    (b) Additional service enhancements, rate adjustments,
8investments, and policy changes are needed to address systemic
9barriers to assist persons with disabilities to access
10increased employment opportunities and earn at or above the
11Illinois minimum wage.
12    (c) Collaborative partnerships between State agencies and
13key stakeholder organizations, including, but not limited to,
14those noted in this amendatory Act of the 103rd General
15Assembly, shall result in a complete phase out of Illinois
16Section 14(c) certificates on December 31, 2029.
17    Section 5. The Department of Human Services Act is amended
18by adding Sections 1-90 and 1-95 as follows:
19    (20 ILCS 1305/1-90 new)
20    Sec. 1-90. Program rates. The Department of Healthcare and
21Family Services, in partnership with the Department of Human
22Services, shall file an amendment to the Home and
23Community-Based Services Waiver Program for Adults with
24Developmental Disabilities authorized under Section 1915(c) of



10300HB0793ham004- 5 -LRB103 04385 KTG 73658 a

1the Social Security Act to increase the rates for the
2following waiver services: Supported Employment - Small Group
3Supports. The amendment shall be filed by January 1, 2025.
4Implementation of any rate increase to the Supported
5Employment - Small Group Supports service is subject to
6federal approval of the amendment filed as required in this
8    (20 ILCS 1305/1-95 new)
9    Sec. 1-95. Transition Program Grants.
10    (a) The Department of Human Services shall establish a
11Section 14(c) transition program to award transition grants to
12eligible community agencies with active or pending Section
1314(c) certificates to aid in the transition away from
14subminimum wages for workers with disabilities. The goal of
15Section 14(c) transition program grants is to develop new
16opportunities and programs and grow capacity to respond to the
17needs of individuals with disabilities in their geographic
18area, including, but not limited to, supported employment,
19customized employment, self-employment, entrepreneurship, and
20diverse day programs that support meaningful days, choice, and
21community integration.
22    (b) Eligibility for Section 14(c) transition program
23grants shall be contingent upon community agencies submitting
24a transition plan. The Department shall provide example plans
25that community agencies may adapt. By January 1, 2025, the



10300HB0793ham004- 6 -LRB103 04385 KTG 73658 a

1transition program grant funds shall be awarded in compliance
2with the Grant Accountability and Transparency Act.
3    (c) Grants shall be made by the Department to eligible
4holders of Section 14(c) certificates, consistent with the
5Grant Accountability and Transparency Act, to assist workers
6with disabilities who are working for subminimum wages to
7transition to competitive integrated employment and to support
8eligible Section 14(c) certificate holders. Grant funding
9shall be used to:
10        (1) provide competitive integrated employment;
11        (2) assist individuals with disabilities who were
12    employed at subminimum wages to find and retain
13    competitive integrated employment; or
14        (3) provide integrated community participation and
15    wraparound services for individuals with disabilities who
16    were employed at subminimum wages.
17    (d) Beginning on January 1, 2026, the Department of Human
18Services shall provide an annual status report to the Governor
19and the General Assembly, incorporating data from each grant
20recipient, to demonstrate progress toward identified
22    Section 7. The Employment and Economic Opportunity for
23Persons with Disabilities Task Force Act is amended by adding
24Section 16 as follows:



10300HB0793ham004- 7 -LRB103 04385 KTG 73658 a

1    (20 ILCS 4095/16 new)
2    Sec. 16. Multi-year plan toward elimination of Section
314(c) certificates. By no later than July 1, 2025, the
4Employment and Economic Opportunity for Persons with
5Disabilities Task Force, with the Illinois Council on
6Developmental Disabilities and an academic partner with
7relevant subject matter expertise, shall create a multi-year
8plan of recommended actions, outcomes, and benchmarks in
9accordance with paragraphs (1) through (3) to help the State
10successfully eliminate on and after December 31, 2029 the use
11of certificates authorized under Section 14(c) of the federal
12Fair Labor Standards Act of 1938.
13        (1) The multi-year plan shall include, but not be
14    limited to, all of the following:
15            (A) Identification, gathering, and analytics of
16        data to inform the work of the Task Force, including,
17        but not limited to:
18                (i) the total number of entities utilizing
19            Section 14(c) certificates;
20                (ii) the total number of persons with
21            disabilities who are paid subminimum wages and the
22            total number of persons with disabilities who are
23            paid at least the applicable minimum wages;
24                (iii) the total number of persons with
25            disabilities working in facility-based employment
26            paid at or above minimum wage.



10300HB0793ham004- 8 -LRB103 04385 KTG 73658 a

1            (B) Recommended actions, including additional
2        statutory, regulatory, or policy measures, including
3        State-supported activities to assist providers in
4        employing people with disabilities;
5            (C) Recommended measurable outcomes for each year
6        of the plan.
7            (D) Recommended benchmarks for each year of the
8        plan.
9        (2) In developing the multi-year plan, the Task Force
10    shall consider:
11            (A) The total available approximate number of
12        people with disabilities paid subminimum wages who
13        want to transition to competitive integrated
14        employment with supports.
15            (B) The total available approximate number of
16        people with disabilities who do not wish to pursue
17        competitive integrated employment and who would
18        benefit from alternative meaningful day opportunities.
19            (C) Existing State employment programs designed to
20        support workers with disabilities.
21            (D) An evaluation of capacity limits in providers'
22        contracts with the Department of Human Services'
23        Division of Rehabilitation Services and Division of
24        Developmental Disabilities.
25            (E) The personal choice of persons with
26        disabilities regarding employment goals and planning



10300HB0793ham004- 9 -LRB103 04385 KTG 73658 a

1        in person-centered planning processes.
2            (F) The use of existing and emerging technologies
3        that could assist persons with disabilities in
4        achieving employment goals.
5            (G) The impact of access to reliable
6        transportation on achieving employment goals and
7        ongoing employment.
8            (H) An analysis that shall include data on:
9                (i) the activities of youth with disabilities
10            within one year of exiting high school;
11                (ii) the count of schools holding Student
12            Transition Employment Program and Pre-Employment
13            Transition Services contracts with the Division of
14            Rehabilitation Services that includes the count of
15            students with ongoing cases who transition to
16            adult services;
17                (iii) the number of students 14 1/2 through 22
18            years of age with individualized education plans
19            indicating a need for home and community-based
20            adult services.
21            (I) The potential changes to State law,
22        regulations, or policies to protect means-tested
23        benefits for persons with disabilities as they pursue
24        employment-related goals.
25            (J) Dissemination of information regarding
26        employment supports and benefits to individuals with



10300HB0793ham004- 10 -LRB103 04385 KTG 73658 a

1        disabilities, consumers of public services, employers,
2        service providers, and State and local agency staff.
3        Information shall include the Ticket to Work program,
4        Work Incentives Planning and Assistance Programs,
5        Illinois ABLE, and Health Benefits for Workers with
6        Disabilities.
7            (K) The education and training needs of staff
8        working in community-based provider agencies toward
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 planning;
18                (vi) asset building;
19                (vii) assistive technology;
20                (viii) certification programs; and
21                (ix) mental health services and supports.
22            (L) Agreements between State agencies and
23        community-based providers that promote flexibility and
24        allow for expansion.
25            (M) Ongoing review of rates and reimbursements
26        that support various employment programs for persons



10300HB0793ham004- 11 -LRB103 04385 KTG 73658 a

1        with disabilities, including competitive, integrated
2        employment, customized employment, and supported
3        employment.
4            (N) The need to further engage the private
5        business community to hire persons with disabilities
6        through incentives that may include specialized
7        educational opportunities, distribution of literature
8        at points of interaction with government licensing
9        agencies, and tax incentives to hiring persons with
10        disabilities.
11            (O) The availability and need for adequate
12        benefits planning services for workers with
13        disabilities.
14            (P) The availability and need for meaningful day
15        services for individuals with disabilities who prefer
16        not to work.
17            (Q) Enhanced service and support needs of aging
18        adults with developmental disabilities who have been
19        engaged in subminimum wage work, including, but not
20        limited to, activities of daily living, behavioral
21        supports, and medical supports, including
22        administration of medications while participating in
23        employment supports and community day services through
24        the Department of Human Services.
25    (3) In developing the multi-year plan, the Task Force
26    shall consult with employment service providers, people



10300HB0793ham004- 12 -LRB103 04385 KTG 73658 a

1    with disabilities, disability trade associations, and
2    disability advocacy organizations.
3        (4) The Task Force shall submit the multi-year plan to
4    the Governor and the General Assembly by no later than
5    July 1, 2025. Annual reports on implementation shall be
6    required by no later than January 1 of each subsequent
7    year through January 1, 2030.
8        (5) The Task Force shall provide annual updates to the
9    Governor and the General Assembly through January 1, 2035
10    on the employment of persons with disabilities in
11    Illinois.
12        (6) The Governor shall appoint at least 2 additional
13    members to the Task Force who represent organizations that
14    are current Section 14(c) certificate holders. The
15    Director of Labor, or the Director's designee, shall serve
16    on the Task Force in a non-voting, advisory capacity until
17    July 1, 2025.
18    Section 20. The Business Enterprise for Minorities, Women,
19and Persons with Disabilities Act is amended by changing
20Section 2 as follows:
21    (30 ILCS 575/2)
22    (Section scheduled to be repealed on June 30, 2029)
23    Sec. 2. Definitions.
24    (A) For the purpose of this Act, the following terms shall



10300HB0793ham004- 13 -LRB103 04385 KTG 73658 a

1have the following definitions:
2        (1) "Minority person" shall mean a person who is a
3    citizen or lawful permanent resident of the United States
4    and who is any of the following:
5            (a) American Indian or Alaska Native (a person
6        having origins in any of the original peoples of North
7        and South America, including Central America, and who
8        maintains tribal affiliation or community attachment).
9            (b) Asian (a person having origins in any of the
10        original peoples of the Far East, Southeast Asia, or
11        the Indian subcontinent, including, but not limited
12        to, Cambodia, China, India, Japan, Korea, Malaysia,
13        Pakistan, the Philippine Islands, Thailand, and
14        Vietnam).
15            (c) Black or African American (a person having
16        origins in any of the black racial groups of Africa).
17            (d) Hispanic or Latino (a person of Cuban,
18        Mexican, Puerto Rican, South or Central American, or
19        other Spanish culture or origin, regardless of race).
20            (e) Native Hawaiian or Other Pacific Islander (a
21        person having origins in any of the original peoples
22        of Hawaii, Guam, Samoa, or other Pacific Islands).
23        (2) "Woman" shall mean a person who is a citizen or
24    lawful permanent resident of the United States and who is
25    of the female gender.
26        (2.05) "Person with a disability" means a person who



10300HB0793ham004- 14 -LRB103 04385 KTG 73658 a

1    is a citizen or lawful resident of the United States and is
2    a person qualifying as a person with a disability under
3    subdivision (2.1) of this subsection (A).
4        (2.1) "Person with a disability" means a person with a
5    severe physical or mental disability that:
6            (a) results from:
7            amputation,
8            arthritis,
9            autism,
10            blindness,
11            burn injury,
12            cancer,
13            cerebral palsy,
14            Crohn's disease,
15            cystic fibrosis,
16            deafness,
17            head injury,
18            heart disease,
19            hemiplegia,
20            hemophilia,
21            respiratory or pulmonary dysfunction,
22            an intellectual disability,
23            mental illness,
24            multiple sclerosis,
25            muscular dystrophy,
26            musculoskeletal disorders,



10300HB0793ham004- 15 -LRB103 04385 KTG 73658 a

1            neurological disorders, including stroke and
2        epilepsy,
3            paraplegia,
4            quadriplegia and other spinal cord conditions,
5            sickle cell anemia,
6            ulcerative colitis,
7            specific learning disabilities, or
8            end stage renal failure disease; and
9            (b) substantially limits one or more of the
10        person's major life activities.
11        Another disability or combination of disabilities may
12    also be considered as a severe disability for the purposes
13    of item (a) of this subdivision (2.1) if it is determined
14    by an evaluation of rehabilitation potential to cause a
15    comparable degree of substantial functional limitation
16    similar to the specific list of disabilities listed in
17    item (a) of this subdivision (2.1).
18        (3) "Minority-owned business" means a business which
19    is at least 51% owned by one or more minority persons, or
20    in the case of a corporation, at least 51% of the stock in
21    which is owned by one or more minority persons; and the
22    management and daily business operations of which are
23    controlled by one or more of the minority individuals who
24    own it.
25        (4) "Women-owned business" means a business which is
26    at least 51% owned by one or more women, or, in the case of



10300HB0793ham004- 16 -LRB103 04385 KTG 73658 a

1    a corporation, at least 51% of the stock in which is owned
2    by one or more women; and the management and daily
3    business operations of which are controlled by one or more
4    of the women who own it.
5        (4.1) "Business owned by a person with a disability"
6    means a business that is at least 51% owned by one or more
7    persons with a disability and the management and daily
8    business operations of which are controlled by one or more
9    of the persons with disabilities who own it. A
10    not-for-profit agency for persons with disabilities that
11    is exempt from taxation under Section 501 of the Internal
12    Revenue Code of 1986 is also considered a "business owned
13    by a person with a disability".
14        (4.2) "Council" means the Business Enterprise Council
15    for Minorities, Women, and Persons with Disabilities
16    created under Section 5 of this Act.
17        (4.3) "Commission" means, unless the context clearly
18    indicates otherwise, the Commission on Equity and
19    Inclusion created under the Commission on Equity and
20    Inclusion Act.
21        (4.4) "Certified vendor" means a minority-owned
22    business, women-owned business, or business owned by a
23    person with a disability that is certified by the Business
24    Enterprise Program.
25        (4.5) "Subcontractor" means a person or entity that
26    enters into a contractual agreement with a prime vendor to



10300HB0793ham004- 17 -LRB103 04385 KTG 73658 a

1    provide, on behalf of the prime vendor, goods, services,
2    real property, or remuneration or other monetary
3    consideration that is the subject of the primary State
4    contract. "Subcontractor" includes a sublessee under a
5    State contract.
6        (4.6) "Prime vendor" means any person or entity having
7    a contract that is subject to this Act with a State agency
8    or public institution of higher education.
9        (5) "State contracts" means all contracts entered into
10    by the State, any agency or department thereof, or any
11    public institution of higher education, including
12    community college districts, regardless of the source of
13    the funds with which the contracts are paid, which are not
14    subject to federal reimbursement. "State contracts" does
15    not include contracts awarded by a retirement system,
16    pension fund, or investment board subject to Section
17    1-109.1 of the Illinois Pension Code. This definition
18    shall control over any existing definition under this Act
19    or applicable administrative rule.
20        "State construction contracts" means all State
21    contracts entered into by a State agency or public
22    institution of higher education for the repair,
23    remodeling, renovation or construction of a building or
24    structure, or for the construction or maintenance of a
25    highway defined in Article 2 of the Illinois Highway Code.
26        (6) "State agencies" shall mean all departments,



10300HB0793ham004- 18 -LRB103 04385 KTG 73658 a

1    officers, boards, commissions, institutions and bodies
2    politic and corporate of the State, but does not include
3    the Board of Trustees of the University of Illinois, the
4    Board of Trustees of Southern Illinois University, the
5    Board of Trustees of Chicago State University, the Board
6    of Trustees of Eastern Illinois University, the Board of
7    Trustees of Governors State University, the Board of
8    Trustees of Illinois State University, the Board of
9    Trustees of Northeastern Illinois University, the Board of
10    Trustees of Northern Illinois University, the Board of
11    Trustees of Western Illinois University, municipalities or
12    other local governmental units, or other State
13    constitutional officers.
14        (7) "Public institutions of higher education" means
15    the University of Illinois, Southern Illinois University,
16    Chicago State University, Eastern Illinois University,
17    Governors State University, Illinois State University,
18    Northeastern Illinois University, Northern Illinois
19    University, Western Illinois University, the public
20    community colleges of the State, and any other public
21    universities, colleges, and community colleges now or
22    hereafter established or authorized by the General
23    Assembly.
24        (8) "Certification" means a determination made by the
25    Council or by one delegated authority from the Council to
26    make certifications, or by a State agency with statutory



10300HB0793ham004- 19 -LRB103 04385 KTG 73658 a

1    authority to make such a certification, that a business
2    entity is a business owned by a minority, woman, or person
3    with a disability for whatever purpose. A business owned
4    and controlled by women shall be certified as a
5    "woman-owned business". A business owned and controlled by
6    women who are also minorities shall be certified as both a
7    "women-owned business" and a "minority-owned business".
8        (9) "Control" means the exclusive or ultimate and sole
9    control of the business including, but not limited to,
10    capital investment and all other financial matters,
11    property, acquisitions, contract negotiations, legal
12    matters, officer-director-employee selection and
13    comprehensive hiring, operating responsibilities,
14    cost-control matters, income and dividend matters,
15    financial transactions and rights of other shareholders or
16    joint partners. Control shall be real, substantial and
17    continuing, not pro forma. Control shall include the power
18    to direct or cause the direction of the management and
19    policies of the business and to make the day-to-day as
20    well as major decisions in matters of policy, management
21    and operations. Control shall be exemplified by possessing
22    the requisite knowledge and expertise to run the
23    particular business and control shall not include simple
24    majority or absentee ownership.
25        (10) "Business" means a business that has annual gross
26    sales of less than $150,000,000 as evidenced by the



10300HB0793ham004- 20 -LRB103 04385 KTG 73658 a

1    federal income tax return of the business. A certified
2    vendor with gross sales in excess of this cap may apply to
3    the Council for certification for a particular contract if
4    the vendor can demonstrate that the contract would have
5    significant impact on businesses owned by minorities,
6    women, or persons with disabilities as suppliers or
7    subcontractors or in employment of minorities, women, or
8    persons with disabilities. Firms with gross sales in
9    excess of this cap that are granted certification by the
10    Council shall be granted certification for the life of the
11    contract, including available renewals.
12        (11) "Utilization plan" means an attachment that is
13    made to all bids or proposals and that demonstrates the
14    bidder's or offeror's efforts to meet the
15    contract-specific Business Enterprise Program goal. The
16    utilization plan shall indicate whether the prime vendor
17    intends to meet the Business Enterprise Program goal
18    through its own performance, if it is a certified vendor,
19    or through the use of subcontractors that are certified
20    vendors. The utilization plan shall demonstrate that the
21    Vendor has either: (1) met the entire contract goal or (2)
22    requested a full or partial waiver of the contract goal.
23    If the prime vendor intends to use a subcontractor that is
24    a certified vendor to fulfill the contract goal, a
25    participation agreement executed between the prime vendor
26    and the certified subcontractor must be included with the



10300HB0793ham004- 21 -LRB103 04385 KTG 73658 a

1    utilization plan.
2        (12) "Business Enterprise Program" means the Business
3    Enterprise Program of the Commission on Equity and
4    Inclusion.
5        (13) "Good faith effort" means actions undertaken by a
6    vendor to achieve a contract specific Business Enterprise
7    Program goal that, by scope, intensity, and
8    appropriateness to the objective, can reasonably be
9    expected to fulfill the program's requirements.
10    (B) When a business is owned at least 51% by any
11combination of minority persons, women, or persons with
12disabilities, even though none of the 3 classes alone holds at
13least a 51% interest, the ownership requirement for purposes
14of this Act is considered to be met. The certification
15category for the business is that of the class holding the
16largest ownership interest in the business. If 2 or more
17classes have equal ownership interests, the certification
18category shall be determined by the business.
19(Source: P.A. 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23;
20103-570, eff. 1-1-24.)
21    Section 23. The Illinois Public Aid Code is amended by
22changing Section 5-35 as follows:
23    (305 ILCS 5/5-35)
24    Sec. 5-35. Personal needs allowance.



10300HB0793ham004- 22 -LRB103 04385 KTG 73658 a

1    (a) For a person who is a resident in a facility licensed
2under the ID/DD Community Care Act, the Community-Integrated
3Living Arrangements Licensure and Certification Act, the
4Specialized Mental Health Rehabilitation Act of 2013, or the
5MC/DD Act for whom payments are made under this Article
6throughout a month and who is determined to be eligible for
7medical assistance under this Article, the State shall pay an
8amount in addition to the minimum monthly personal needs
9allowance authorized under Section 1902(q) of Title XIX of the
10Social Security Act (42 U.S.C. 1396a(q) 1396(q)) so that the
11person's total monthly personal needs allowance from both
12State and federal sources equals $60.
13    (b) Beginning January 1, 2025, for a person who is a
14resident in a facility licensed under the Community-Integrated
15Living Arrangements Licensure and Certification Act for whom
16payments are made under this Article throughout a month and
17who is determined to be eligible for medical assistance under
18this Article, the State shall pay an amount in addition to the
19minimum monthly personal needs allowance authorized under
20Section 1902(q) of Title XIX of the Social Security Act so that
21the person's total monthly personal needs allowance from both
22State and federal sources equals $100.
23    (c) Beginning January 1, 2026, the personal needs
24allowance described in subsection (b) shall increase annually
25at the same rate as the Social Security cost-of-living
26adjustment to take effect on January 1 of each year.



10300HB0793ham004- 23 -LRB103 04385 KTG 73658 a

1(Source: P.A. 100-23, eff. 7-6-17.)
2    Section 25. The Minimum Wage Law is amended by changing
3Section 10 as follows:
4    (820 ILCS 105/10)  (from Ch. 48, par. 1010)
5    Sec. 10. (a) The Director shall make and revise
6administrative regulations, including definitions of terms, as
7the Director he deems appropriate to carry out the purposes of
8this Act, to prevent the circumvention or evasion thereof, and
9to safeguard the minimum wage established by the Act.
10Regulations governing employment of learners may be issued
11only after notice and opportunity for public hearing, as
12provided in subsection (c) of this Section.
13    (b) In order to prevent curtailment of opportunities for
14employment, avoid undue hardship, and safeguard the minimum
15wage rate under this Act, the Director may also issue
16regulations providing for the employment of workers with
17disabilities and learners at wages lower than the wage rate
18applicable under this Act, under permits and for such periods
19of time as specified therein; and providing for the employment
20of learners at wages lower than the wage rate applicable under
21this Act as follows:
22        (1) The Director may issue regulations for the
23    employment of workers with disabilities at wages lower
24    than the wage rate applicable under this Act, under



10300HB0793ham004- 24 -LRB103 04385 KTG 73658 a

1    permits and for such periods of time as specified therein.
2    Such . However, such regulation shall not permit lower
3    wages for persons with disabilities on any basis that is
4    unrelated to such person's ability resulting from his
5    disability, and such regulation may be issued only after
6    notice and opportunity for public hearing as provided in
7    subsection (c) of this Section. All certificates issued
8    for the employment of workers with disabilities in
9    accordance with this Section in effect on December 31,
10    2029, shall expire on that date, and the Director may not
11    issue any such certificates after that date.
12        (2) The Director may issue regulations for the
13    employment of learners at wages lower than the wage rate
14    applicable under this Act. Regulations governing
15    employment of learners may be issued only after notice and
16    opportunity for public hearing, as provided in subsection
17    (c) of this Section.
18    (c) Prior to the adoption, amendment or repeal of any rule
19or regulation by the Director under this Act, except
20regulations which concern only the internal management of the
21Department of Labor and do not affect any public right
22provided by this Act, the Director shall give proper notice to
23persons in any industry or occupation that may be affected by
24the proposed rule or regulation, and hold a public hearing on
25the his proposed action at which any such affected person, or
26the person's his duly authorized representative, may attend



10300HB0793ham004- 25 -LRB103 04385 KTG 73658 a

1and testify or present other evidence for or against such
2proposed rule or regulation. Rules and regulations adopted
3under this Section shall be filed with the Secretary of State
4in compliance with the Illinois Administrative Procedure Act
5"An Act concerning administrative rules", as now or hereafter
7    (d) The commencement of proceedings by any person
8aggrieved by an administrative regulation issued under this
9Act does not, unless specifically ordered by the Court,
10operate as a stay of that administrative regulation against
11other persons. The Court shall not grant any stay of an
12administrative regulation unless the person complaining of
13such regulation files in the Court an undertaking with a
14surety or sureties satisfactory to the Court for the payment
15to the employees affected by the regulation, in the event such
16regulation is affirmed, of the amount by which the
17compensation such employees are entitled to receive under the
18regulation exceeds the compensation they actually receive
19while such stay is in effect.
20    (e) The Department may adopt emergency rules in accordance
21with Section 5-45 of the Illinois Administrative Procedure Act
22to implement the changes made by this amendatory Act of the
23101st General Assembly.
24(Source: P.A. 103-363, eff. 7-28-23.)
25    (820 ILCS 105/5 rep.)



10300HB0793ham004- 26 -LRB103 04385 KTG 73658 a

1    Section 30. The Minimum Wage Law is amended by repealing
2Section 5.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".