HB 793

Abstract

Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 5/1-1 Adds reference to: 20 ILCS 1305/1-85 new 20 ILCS 1305/1-90 new 20 ILCS 4095/16 new 30 ILCS 105/5.990 new 30 ILCS 500/45-35 30 ILCS 575/2 305 ILCS 5/5-35 820 ILCS 105/10 from Ch. 48, par. 1010 820 ILCS 105/5 rep. Replaces everything after the enacting clause. Amends the Department of Human Services Act. Requires the Department of Human Services, in partnership with other specified State agencies, to eliminate on July 1, 2027 the use of active or pending 14(c) certificates authorized under the federal Fair Labor Standards Act of 1938, as well as authorizations permitted under the Minimum Wage Law to pay an employee with a disability less than the minimum wage otherwise required for employees under the Minimum Wage Law. Creates the Transition Grant Fund as a special fund in the State treasury to provide funds, subject to appropriation, to community agencies with active or pending 14(c) certificates to aid in the transition away from subminimum wages for employees with disabilities. Amends the Employment and Economic Opportunity for Persons with Disabilities Task Force Act. Requires the Employment and Economic Opportunity for Persons with Disabilities Task Force (Task Force) to create, by no later than July 1, 2025, a multi-year plan of recommended actions, outcomes, and benchmarks to help the State meets its goal to eliminate the use of 14(c) certificates on and after July 1, 2027. Sets forth certain information and data that shall be included in the multi-year plan to inform the work of the Task Force. Requires the Task Force to include in the multi-year plan certain recommendations aimed as facilitating the elimination of 14(c) certificates. Requires the Task Force to submit the multi-year plan to the Governor and the General Assembly by no later than July 1, 2025 and to provide annual reports on implementation through January 1, 2030. Amends the Illinois Procurement Code. In a provision listing the type of not-for-profit agencies whose supplies and services may be procured without advertising or calling for bids, revises the list to include a not-for-profit agency that is (i) certified as a community rehabilitation provider by the Department of Human Services and (ii) accredited by a nationally-recognized accrediting organization or certified as a day services provider by the Department. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. In the definition of "business owned by a person with a disability", removes from the definition a not-for-profit agency for persons with disabilities that is exempt from taxation under the Internal Revenue Code of 1986. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, beginning January 1, 2024, the personal needs allowance for a qualifying medical assistance recipient who is a resident in a facility licensed under the Community-Integrated Living Arrangements Licensure and Certification Act shall equal $100. Provides that beginning January 1, 2025, the personal needs allowance shall increase annually at the same rate as the Social Security cost-of-living adjustment to take effect on January 1 of each year. Amends the Minimum Wage Law. In a provision permitting the Director of Labor to issue regulations providing for the employment of workers with disabilities at wages lower than the wage rate applicable under the Act, provides that the provision is inoperative on and after July 1, 2027. Effective immediately. House Floor Amendment No. 4 Deletes reference to: 20 ILCS 1305/1-85 new 30 ILCS 500/45-35 Adds reference to: 20 ILCS 1305/1-95 new 30 ILCS 500/45-35 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1 with the following changes. Further amends the Department of Human Services Act. Requires the Department of Human Services to eliminate on December 31, 2029 (rather than July 1, 2027) the use of active or pending certificates authorized under Section 14(c) the federal Fair Labor Standards Act of 1938. Requires the Department of Healthcare and Family Services, in partnership with the Department of Human Services, to file an amendment to the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities authorized under the Social Security Act to increase the rates for the following waiver services: Supported Employment - Small Group Supports. Requires the amendment to be filed by January 1, 2025. Removes provisions creating a Transition Grant Fund and instead provides that the Department shall establish a Section 14(c) transition program to award transition grants to eligible community agencies with active or pending Section 14(c) certificates to aid in the transition away from subminimum wages for workers with disabilities. Provides that eligibility for the grants shall be contingent upon community agencies submitting a transition plan. Requires the Department to provide example plans that community agencies may adapt and to award transition program grant funds by January 1, 2025 in compliance with the Grant Accountability and Transparency Act. Contains provisions on appropriate uses for the grant funds. Requires the Department to submit annual status reports to the Governor and the General Assembly that include data on each grant recipient to demonstrate progress toward identified benchmarks. Further amends the Employment and Economic Opportunity for Persons with Disabilities Task Force Act. In provisions requiring the Employment and Economic Opportunity for Persons with Disabilities Task Force to create a multi-year plan to eliminate Section 14(c) certificates, requires the Task Force to create the multi-year plan with the Illinois Council on Developmental Disabilities and an academic partner with relevant subject matter expertise. Provides that the multi-year plan shall help the State to successfully eliminate the use of Section 14(c) certificates on December 31, 2029 (rather than July 1, 2027). Sets forth certain considerations the Task Force must make when developing the multi-year plan; data and analysis to be included in the multi-year plan; and other matters. Provides that the Task Force shall consult with employment service providers, people with disabilities, disability trade associations, and disability advocacy organizations in the development of the multi-year plan. Requires the Governor to appoint at least 2 additional members to the Task Force who represent organizations that are current Section 14(c) certificate holders. Provides that the Director of Labor, or the Director's designee, shall serve on the Task Force in a non-voting, advisory capacity until July 1, 2025. Further amends the Medical Assistance Article of the Illinois Public Aid Code concerning personal needs allowance increases for residents of community-integrated living arrangements. Further amends the Minimum Wage Law. Permits the Director of Labor to issue regulations for the employment of learners at wages lower than the wage rate applicable under the Act. Effective immediately.