Rep. Theresa Mah

Filed: 5/17/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 2123 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Declaration of policy and intent. Section
514(c) of the Fair Labor Standards Act includes provisions for
6the payment of subminimum wages to individuals with
7disabilities. Among those who have worked for subminimum wages
8in Illinois are people with intellectual, developmental,
9physical, and sensory disabilities, including those who are
10blind or deaf or are diagnosed with cerebral palsy, spina
11bifida, Down syndrome, or any other disability. This program
12has resulted in a national average wage of approximately $3
13per hour for disabled workers who have engaged in work
14activities under a 14(c) wage certificate.
15    Data released in October 2022 from the United States
16Department of Labor shows that Illinois ranks second in the
17nation in the number of 14(c) certificates issued or pending,



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1with several thousand Illinois residents with disabilities
2engaged in activities compensated below minimum wage. These
3activities most often occur in congregate work centers (also
4known as sheltered workshops) which isolate and segregate
5people with disabilities from the greater community.
6    The Illinois Employment First Act stipulates that
7"competitive and integrated employment shall be considered the
8first option when serving persons with disabilities of working
9age." Across the United States, significant action has
10curtailed or eliminated 14(c) certificates and segregated work
11centers. Simultaneously, society has progressed far beyond the
12severely limited Great Depression vision of employment of
13people with disabilities under the Fair Labor Standards Act.
14Today, people with disabilities hold a wide variety of jobs,
15with and without disability supports.
16    Collaborative partnerships between State agencies shall
17result in development and implementation of a plan to phase
18out all subminimum wage activity in the State of Illinois.
19    Section 5. The Department of Human Services Act is amended
20by adding Sections 1-85 and 1-90 as follows:
21    (20 ILCS 1305/1-85 new)
22    Sec. 1-85. 14(c) certificate phase-out plan; Transition
23Grant Fund.
24    (a) The Department, in partnership with other State



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1agencies, including the Department of Labor, the Department of
2Healthcare and Family Services, the Department of Central
3Management Services, the Department of Commerce and Economic
4Opportunity, the Department of Employment Security, and the
5State Board of Education, shall phase out, on or before June
630, 2026, the use of active or pending 14(c) certificates
7authorized under the Fair Labor Standards Act, as well as
8authorizations permitted under Sections 5 and 10 of the
9Minimum Wage Law to pay an employee with a disability less than
10the minimum wage otherwise required for employees under
11Section 4 of the Minimum Wage Law.
12    (b) The phase-out plan shall include all of the following:
13        (1) The use of Medicaid funding to support subminimum
14    wage work payments shall be prohibited.
15            (A) Subminimum wage activities that remain after
16        the effective date of this amendatory Act of the 103rd
17        General Assembly shall sustain solely on the revenue
18        of the contracts entered into between the respective
19        businesses' subletting labor, goods, and services from
20        14(c) certificate holders - not billing for community
21        day services.
22            (B) Billing to the Department shall be prohibited
23        under the following services:
24                (i) Community Day Services (Waiver).
25                (ii) Developmental or Day Training (State
26            developmental center).



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1                (iii) Developmental or Day Training
2            (intermediate care facility for persons with
3            developmental disabilities licensed under the
4            ID/DD Community Care Act).
5                (iv) Any other service related to the
6            supervision and support of individuals with
7            developmental disabilities who are engaged in
8            activities which result in subminimum wage
9            payments.
10        (2) New referrals to, and admissions into, programs
11    which offer subminimum wage shall be prohibited. Referrals
12    to non-subminimum wage activity programs within agencies
13    that hold a 14(c) certificate shall continue.
14        (3) Applications by agencies for new, or renewal of
15    existing, 14(c) certificates from the Department of Labor
16    shall be prohibited beginning July 1, 2024. The Department
17    and the Department of Labor shall not accept 14(c)
18    certificates from the U.S. Department of Labor effective
19    July 1, 2024. An escalating wage floor for individuals
20    engaged in subminimum wage activity may be established by
21    rule. Authority to pay a worker with disabilities less
22    than the minimum wage shall end by July 1, 2026.
23        (4) The Department shall develop and implement annual
24    data collection requirements for community agencies with
25    active or pending 14(c) certificates for all individuals
26    participating in subminimum wage activity through their



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1    agency.
2        (5) Community agencies with active or pending 14(c)
3    certificates shall be required to complete a provider
4    transition plan that shall be developed by the Department.
5        (6) The Department shall establish a tracking process
6    and transition benchmarks to monitor the progress of
7    community agencies with an active or pending 14(c)
8    certificate from subminimum wage to alternative
9    activities.
10        (7) The Department shall review and make updates to
11    any intake, screening, and service planning processes to
12    ensure individuals with disabilities entering, or
13    currently being served within, the service delivery system
14    are diverted from subminimum wage activity. This shall
15    include individuals in waiver-funded services,
16    intermediate care facilities for persons with
17    developmental disabilities, State developmental centers,
18    and youth exiting school programs.
19        (8) The Department's Division of Rehabilitation
20    Services and its Vocational Rehabilitation program shall
21    establish processes and associated funding, as needed, to
22    accommodate increased referrals of individuals with
23    disabilities from subminimum wage activities.
24        (9) The Department shall develop and implement
25    provider training and make other provider resources
26    available related to the transition from subminimum wage



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1    to competitive integrated employment, including, but not
2    limited to, employment best practices, communication
3    strategies, benefits planning, transportation, business
4    engagement and state agency policy. The provider training
5    and resources shall be done in partnership with other
6    State agencies and entities directly involved in working
7    with individuals with disabilities who may be utilizing
8    subminimum wage activities.
9        (10) As needed, the Department shall create new
10    supported employment service codes and request funding to
11    be used for the service codes, specific to competitive
12    integrated employment supports for individual and group
13    employment, applicable to individuals who reside in State
14    developmental centers and intermediate care facilities for
15    persons with developmental disabilities.
16        (11) The Director of Labor and the Secretary of Human
17    Services shall jointly submit reports to the Governor and
18    the General Assembly on the benchmarks and status of
19    achieving the outcomes included in the phase-out plan and
20    recommendations for funding levels or other resources
21    necessary to implement the phase-out plan. The first
22    report shall be due January 1, 2025, and subsequent
23    reports shall be submitted annually thereafter for 5
24    years. After the January 1, 2029, report, the annual
25    reporting requirement shall sunset.
26    (c) 14(c) Transition Grant Fund.



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1        (1) The 14(c) Transition Grant Fund is created as a
2    special fund in the State treasury. Moneys in the Fund
3    shall be used, subject to appropriation, by the Department
4    for community agencies with active or pending 14(c)
5    certificates to aid in the transition away from subminimum
6    wages for employees with disabilities. The goal of the
7    14(c) Transition Grant Fund is to develop new
8    opportunities and programs and grow capacity to respond to
9    the needs of individuals with disabilities in their
10    geographic area, such as supported employment programs and
11    diverse day programs that support meaningful days, choice,
12    and community integration. The Fund may be used to provide
13    wage subsidies to employers who offer integrated work
14    options to workers with disabilities who previously
15    labored for subminimum wages.
16        (2) The Department shall adopt rules establishing a
17    process for the equitable and transparent administration
18    of the Fund.
19    (20 ILCS 1305/1-90 new)
20    Sec. 1-90. Subminimum Wage Transition Task Force. The
21Subminimum Wage Transition Task Force is created within the
22Department to (i) provide guidance, leadership, and
23recommendations, (ii) review progress made throughout the
24process, (iii) address systemwide barriers to transition, and
25(iv) support the community agencies to maintain and increase



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1capacity in non-subminimum wage programming. The Task Force
2shall be comprised of members appointed by the Secretary of
3the Department and shall include representatives from all of
4the following:
5        (1) Community agencies that are 14(c) certificate
6    holders.
7        (2) Individuals with disabilities who have been or are
8    engaged in subminimum wage activities.
9        (3) The Illinois Council on Developmental Disabilities
10    and the State Rehabilitation Council.
11        (4) Advocacy organizations.
12        (5) The Department's Divisions of Developmental
13    Disabilities and Rehabilitation Services.
14        (6) The Department of Healthcare and Family Services.
15        (7) The Illinois Task Force on Employment and Economic
16    Opportunity for People with Disabilities.
17    Section 10. The State Finance Act is amended by adding
18Section 5.990 as follows:
19    (30 ILCS 105/5.990 new)
20    Sec. 5.990. The 14(c) Transition Grant Fund.
21    Section 15. The Illinois Procurement Code is amended by
22changing 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
26agency must have indicated an interest in providing the



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1supplies and services, must meet the specifications and needs
2of the using agency, and must set a fair and reasonable price.
3    (c) Committee. There is created within the Department of
4Central Management Services a committee to facilitate the
5purchase of products and services from not-for-profit agencies
6that provide employment opportunities to persons with physical
7disabilities, intellectual or developmental disabilities,
8mental illnesses, or any combination thereof. This committee
9is called the State Use Committee. The State Use Committee
10shall consist of the Director of the Department of Central
11Management Services or his or her designee, the Secretary of
12the Department of Human Services or his or her designee, the
13Director of Commerce and Economic Opportunity or his or her
14designee, one public member representing private business who
15is knowledgeable of the employment needs and concerns of
16persons with developmental disabilities, one public member
17representing private business who is knowledgeable of the
18needs and concerns of rehabilitation facilities, one public
19member who is knowledgeable of the employment needs and
20concerns of persons with developmental disabilities, one
21public member who is knowledgeable of the needs and concerns
22of rehabilitation facilities, 2 members who have a disability,
232 public members from a statewide association that represents
24community-based rehabilitation facilities serving or
25supporting individuals with intellectual or developmental
26disabilities, and one public member from a disability-focused



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1statewide advocacy group, all appointed by the Governor. The
2public members shall serve 2 year terms, commencing upon
3appointment and every 2 years thereafter. A public member may
4be reappointed, and vacancies shall be filled by appointment
5for the completion of the term. In the event there is a vacancy
6on the State Use Committee, the Governor must make an
7appointment to fill that vacancy within 30 calendar days after
8the notice of vacancy. The members shall serve without
9compensation but shall be reimbursed for expenses at a rate
10equal to that of State employees on a per diem basis by the
11Department of Central Management Services. All members shall
12be entitled to vote on issues before the State Use Committee.
13    The State Use Committee shall have the following powers
14and duties:
15        (1) To request from any State agency information as to
16    product specification and service requirements in order to
17    carry out its purpose.
18        (2) To meet quarterly or more often as necessary to
19    carry out its purposes.
20        (3) To request a quarterly report from each
21    participating qualified not-for-profit agency for persons
22    with significant disabilities describing the volume of
23    sales for each product or service sold under this Section.
24        (4) To prepare a report for the Governor and General
25    Assembly no later than December 31 of each year. The
26    requirement for reporting to the General Assembly shall be



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1    satisfied by following the procedures set forth in Section
2    3.1 of the General Assembly Organization Act.
3        (5) To prepare a publication that lists all supplies
4    and services currently available from any qualified
5    not-for-profit agency for persons with significant
6    disabilities. This list and any revisions shall be
7    distributed to all purchasing agencies.
8        (6) To encourage diversity in supplies and services
9    provided by qualified not-for-profit agencies for persons
10    with significant disabilities and discourage unnecessary
11    duplication or competition among not-for-profit agencies.
12        (7) To develop guidelines to be followed by qualifying
13    agencies for participation under the provisions of this
14    Section. Guidelines shall include a list of national
15    accrediting organizations which satisfy the requirements
16    of item (3) of subsection (a) of this Section. The
17    guidelines shall be developed within 6 months after the
18    effective date of this Code and made available on a
19    nondiscriminatory basis to all qualifying agencies. The
20    new guidelines required under this item (7) by Public Act
21    100-203 shall be developed within 6 months after August
22    18, 2017 (the effective date of Public Act 100-203) and
23    made available on a non-discriminatory basis to all
24    qualifying not-for-profit agencies.
25        (8) To review all pricing submitted under the
26    provisions of this Section and may approve a proposed



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1    agreement for supplies or services where the price
2    submitted is fair and reasonable. Review of pricing under
3    this paragraph may include, but is not limited to:
4            (A) Amounts private businesses would pay for
5        similar products or services.
6            (B) Amounts the federal government would pay
7        contractors for similar products or services.
8            (C) The amount paid by the State for similar
9        products or services.
10            (D) The actual cost of manufacturing the product
11        or performing a service at a community rehabilitation
12        program offering employment services on or off
13        premises to persons with disabilities or mental
14        illnesses, with adequate consideration given to legal
15        and moral imperatives to pay workers with disabilities
16        equitable wages.
17            (E) The usual, customary, and reasonable costs of
18        manufacturing, marketing, and distribution.
19        (9) To, not less than every 3 years, adopt a strategic
20    plan for increasing the number of products and services
21    purchased from qualified not-for-profit agencies for
22    persons with disabilities or mental illnesses, including
23    the feasibility of developing mandatory set-aside
24    contracts.
25    (c-5) Conditions for Use. Each chief procurement officer
26shall, in consultation with the State Use Committee, determine



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1which articles, materials, services, food stuffs, and supplies
2that are produced, manufactured, or provided by persons with
3significant disabilities in qualified not-for-profit agencies
4shall be given preference by purchasing agencies procuring
5those items.
6    (d) (Blank).
7    (e) Subcontracts. Subcontracts shall be permitted for
8agreements authorized under this Section. For the purposes of
9this subsection (e), "subcontract" means any acquisition from
10another source of supplies, not including raw materials, or
11services required by a qualified not-for-profit agency to
12provide the supplies or services that are the subject of the
13contract between the State and the qualified not-for-profit
15    The State Use Committee shall develop guidelines to be
16followed by qualified not-for-profit agencies when seeking and
17establishing subcontracts with other persons or not-for-profit
18agencies in order to fulfill State contract requirements.
19These guidelines shall include the following:
20        (i) The State Use Committee must approve all
21    subcontracts and substantive amendments to subcontracts
22    prior to execution or amendment of the subcontract.
23        (ii) A qualified not-for-profit agency shall not enter
24    into a subcontract, or any combination of subcontracts, to
25    fulfill an entire requirement, contract, or order without
26    written State Use Committee approval.



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1        (iii) A qualified not-for-profit agency shall make
2    reasonable efforts to utilize subcontracts with other
3    not-for-profit agencies for persons with significant
4    disabilities.
5        (iv) For any subcontract not currently performed by a
6    qualified not-for-profit agency, the primary qualified
7    not-for-profit agency must provide to the State Use
8    Committee the following: (A) a written explanation as to
9    why the subcontract is not performed by a qualified
10    not-for-profit agency, and (B) a written plan to transfer
11    the subcontract to a qualified not-for-profit agency, as
12    reasonable.
13(Source: P.A. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21.)
14    Section 20. The Business Enterprise for Minorities, Women,
15and Persons with Disabilities Act is amended by changing
16Section 2 as follows:
17    (30 ILCS 575/2)
18    (Section scheduled to be repealed on June 30, 2024)
19    Sec. 2. Definitions.
20    (A) For the purpose of this Act, the following terms shall
21have the following definitions:
22        (1) "Minority person" shall mean a person who is a
23    citizen or lawful permanent resident of the United States
24    and who is any of the following:



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1            (a) American Indian or Alaska Native (a person
2        having origins in any of the original peoples of North
3        and South America, including Central America, and who
4        maintains tribal affiliation or community attachment).
5            (b) Asian (a person having origins in any of the
6        original peoples of the Far East, Southeast Asia, or
7        the Indian subcontinent, including, but not limited
8        to, Cambodia, China, India, Japan, Korea, Malaysia,
9        Pakistan, the Philippine Islands, Thailand, and
10        Vietnam).
11            (c) Black or African American (a person having
12        origins in any of the black racial groups of Africa).
13            (d) Hispanic or Latino (a person of Cuban,
14        Mexican, Puerto Rican, South or Central American, or
15        other Spanish culture or origin, regardless of race).
16            (e) Native Hawaiian or Other Pacific Islander (a
17        person having origins in any of the original peoples
18        of Hawaii, Guam, Samoa, or other Pacific Islands).
19        (2) "Woman" shall mean a person who is a citizen or
20    lawful permanent resident of the United States and who is
21    of the female gender.
22        (2.05) "Person with a disability" means a person who
23    is a citizen or lawful resident of the United States and is
24    a person qualifying as a person with a disability under
25    subdivision (2.1) of this subsection (A).
26        (2.1) "Person with a disability" means a person with a



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1    severe physical or mental disability that:
2            (a) results from:
3            amputation,
4            arthritis,
5            autism,
6            blindness,
7            burn injury,
8            cancer,
9            cerebral palsy,
10            Crohn's disease,
11            cystic fibrosis,
12            deafness,
13            head injury,
14            heart disease,
15            hemiplegia,
16            hemophilia,
17            respiratory or pulmonary dysfunction,
18            an intellectual disability,
19            mental illness,
20            multiple sclerosis,
21            muscular dystrophy,
22            musculoskeletal disorders,
23            neurological disorders, including stroke and
24        epilepsy,
25            paraplegia,
26            quadriplegia and other spinal cord conditions,



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



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1        (4.1) "Business owned by a person with a disability"
2    means a business that is at least 51% owned by one or more
3    persons with a disability and the management and daily
4    business operations of which are controlled by one or more
5    of the persons with disabilities who own it. A
6    not-for-profit agency for persons with disabilities that
7    is exempt from taxation under Section 501 of the Internal
8    Revenue Code of 1986 is also considered a "business owned
9    by a person with a disability".
10        (4.2) "Council" means the Business Enterprise Council
11    for Minorities, Women, and Persons with Disabilities
12    created under Section 5 of this Act.
13        (4.3) "Commission" means, unless the context clearly
14    indicates otherwise, the Commission on Equity and
15    Inclusion created under the Commission on Equity and
16    Inclusion Act.
17        (5) "State contracts" means all contracts entered into
18    by the State, any agency or department thereof, or any
19    public institution of higher education, including
20    community college districts, regardless of the source of
21    the funds with which the contracts are paid, which are not
22    subject to federal reimbursement. "State contracts" does
23    not include contracts awarded by a retirement system,
24    pension fund, or investment board subject to Section
25    1-109.1 of the Illinois Pension Code. This definition
26    shall control over any existing definition under this Act



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1    or applicable administrative rule.
2        "State construction contracts" means all State
3    contracts entered into by a State agency or public
4    institution of higher education for the repair,
5    remodeling, renovation or construction of a building or
6    structure, or for the construction or maintenance of a
7    highway defined in Article 2 of the Illinois Highway Code.
8        (6) "State agencies" shall mean all departments,
9    officers, boards, commissions, institutions and bodies
10    politic and corporate of the State, but does not include
11    the Board of Trustees of the University of Illinois, the
12    Board of Trustees of Southern Illinois University, the
13    Board of Trustees of Chicago State University, the Board
14    of Trustees of Eastern Illinois University, the Board of
15    Trustees of Governors State University, the Board of
16    Trustees of Illinois State University, the Board of
17    Trustees of Northeastern Illinois University, the Board of
18    Trustees of Northern Illinois University, the Board of
19    Trustees of Western Illinois University, municipalities or
20    other local governmental units, or other State
21    constitutional officers.
22        (7) "Public institutions of higher education" means
23    the University of Illinois, Southern Illinois University,
24    Chicago State University, Eastern Illinois University,
25    Governors State University, Illinois State University,
26    Northeastern Illinois University, Northern Illinois



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1    University, Western Illinois University, the public
2    community colleges of the State, and any other public
3    universities, colleges, and community colleges now or
4    hereafter established or authorized by the General
5    Assembly.
6        (8) "Certification" means a determination made by the
7    Council or by one delegated authority from the Council to
8    make certifications, or by a State agency with statutory
9    authority to make such a certification, that a business
10    entity is a business owned by a minority, woman, or person
11    with a disability for whatever purpose. A business owned
12    and controlled by women shall be certified as a
13    "woman-owned business". A business owned and controlled by
14    women who are also minorities shall be certified as both a
15    "women-owned business" and a "minority-owned business".
16        (9) "Control" means the exclusive or ultimate and sole
17    control of the business including, but not limited to,
18    capital investment and all other financial matters,
19    property, acquisitions, contract negotiations, legal
20    matters, officer-director-employee selection and
21    comprehensive hiring, operating responsibilities,
22    cost-control matters, income and dividend matters,
23    financial transactions and rights of other shareholders or
24    joint partners. Control shall be real, substantial and
25    continuing, not pro forma. Control shall include the power
26    to direct or cause the direction of the management and



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1    policies of the business and to make the day-to-day as
2    well as major decisions in matters of policy, management
3    and operations. Control shall be exemplified by possessing
4    the requisite knowledge and expertise to run the
5    particular business and control shall not include simple
6    majority or absentee ownership.
7        (10) "Business" means a business that has annual gross
8    sales of less than $150,000,000 as evidenced by the
9    federal income tax return of the business. A firm with
10    gross sales in excess of this cap may apply to the Council
11    for certification for a particular contract if the firm
12    can demonstrate that the contract would have significant
13    impact on businesses owned by minorities, women, or
14    persons with disabilities as suppliers or subcontractors
15    or in employment of minorities, women, or persons with
16    disabilities. Firms with gross sales in excess of this cap
17    that are granted certification by the Council shall be
18    granted certification for the life of the contract,
19    including available renewals.
20        (11) "Utilization plan" means a form and additional
21    documentations included in all bids or proposals that
22    demonstrates a vendor's proposed utilization of vendors
23    certified by the Business Enterprise Program to meet the
24    targeted goal. The utilization plan shall demonstrate that
25    the Vendor has either: (1) met the entire contract goal or
26    (2) requested a full or partial waiver and made good faith



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1    efforts towards meeting the goal.
2        (12) "Business Enterprise Program" means the Business
3    Enterprise Program of the Commission on Equity and
4    Inclusion.
5    (B) When a business is owned at least 51% by any
6combination of minority persons, women, or persons with
7disabilities, even though none of the 3 classes alone holds at
8least a 51% interest, the ownership requirement for purposes
9of this Act is considered to be met. The certification
10category for the business is that of the class holding the
11largest ownership interest in the business. If 2 or more
12classes have equal ownership interests, the certification
13category shall be determined by the business.
14(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
15102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
16    Section 25. The Minimum Wage Law is amended by changing
17Section 10 as follows:
18    (820 ILCS 105/10)  (from Ch. 48, par. 1010)
19    Sec. 10. (a) The Director shall make and revise
20administrative regulations, including definitions of terms, as
21the Director he deems appropriate to carry out the purposes of
22this Act, to prevent the circumvention or evasion thereof, and
23to safeguard the minimum wage established by the Act.
24Regulations governing employment of learners may be issued



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1only after notice and opportunity for public hearing, as
2provided in subsection (c) of this Section.
3    (b) (Blank). In order to prevent curtailment of
4opportunities for employment, avoid undue hardship, and
5safeguard the minimum wage rate under this Act, the Director
6may also issue regulations providing for the employment of
7workers with disabilities at wages lower than the wage rate
8applicable under this Act, under permits and for such periods
9of time as specified therein; and providing for the employment
10of learners at wages lower than the wage rate applicable under
11this Act. However, such regulation shall not permit lower
12wages for persons with disabilities on any basis that is
13unrelated to such person's ability resulting from his
14disability, and such regulation may be issued only after
15notice and opportunity for public hearing as provided in
16subsection (c) of this Section.
17    (c) Prior to the adoption, amendment or repeal of any rule
18or regulation by the Director under this Act, except
19regulations which concern only the internal management of the
20Department of Labor and do not affect any public right
21provided by this Act, the Director shall give proper notice to
22persons in any industry or occupation that may be affected by
23the proposed rule or regulation, and hold a public hearing on
24the Director's his proposed action at which any such affected
25person, or the Director's his duly authorized representative,
26may attend and testify or present other evidence for or



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1against such proposed rule or regulation. Rules and
2regulations adopted under this Section shall be filed with the
3Secretary of State in compliance with "An Act concerning
4administrative rules", as now or hereafter amended. Such
5adopted and filed rules and regulations shall become effective
610 days after copies thereof have been mailed by the
7Department to persons in industries affected thereby at their
8last known address.
9    (d) The commencement of proceedings by any person
10aggrieved by an administrative regulation issued under this
11Act does not, unless specifically ordered by the Court,
12operate as a stay of that administrative regulation against
13other persons. The Court shall not grant any stay of an
14administrative regulation unless the person complaining of
15such regulation files in the Court an undertaking with a
16surety or sureties satisfactory to the Court for the payment
17to the employees affected by the regulation, in the event such
18regulation is affirmed, of the amount by which the
19compensation such employees are entitled to receive under the
20regulation exceeds the compensation they actually receive
21while such stay is in effect.
22    (e) The Department may adopt emergency rules in accordance
23with Section 5-45 of the Illinois Administrative Procedure Act
24to implement the changes made by this amendatory Act of the
25101st General Assembly.
26(Source: P.A. 101-1, eff. 2-19-19.)



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1    (820 ILCS 105/5 rep.)
2    Section 30. The Minimum Wage Law is amended by repealing
3Section 5.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".