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HB5173 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5173
Introduced 2/10/2026, by Rep. Theresa Mah
SYNOPSIS AS INTRODUCED:
20 ILCS 1305/1-95
20 ILCS 4095/16
Amends the Department of Human Services Act. In provisions concerning
the transition program grants to assist eligible community agencies with
active or pending Section 14(c) certificates to transition away from
subminimum wages for workers with disabilities, requires the Department of
Human Services to ensure equitable access to transition grants for all
eligible holders of Section 14(c) certificates by (i) avoiding the
concentration of funding among a limited number of grant recipients and
(ii) promoting equity in the distribution of funds by being inclusive of
all geographic regions of the State, provider sizes, and transition needs.
Provides that every applicant that applies for grant funds and meets the
grant criteria established by the Department shall be awarded a grant in an
amount based upon the Department's funding criteria. Requires grant
recipients to submit progress reports to the Department twice annually on
a form developed by the Department in consultation with the Illinois
Council on Developmental Disabilities. Sets forth the information required
in the reports. Requires the Department to aggregate data collected from
the reports and make it publicly available on an annual basis. Amends the
Employment and Economic Opportunity for Persons with Disabilities Task
Force Act. Requires the Department to ensure that there is project
management for statewide implementation of the multi-year plan under the
Dignity in Pay Act, Public Act 103-1060, through December 31, 2029. Sets
forth a list of project management responsibilities. Requires the
Department to ensure the availability of ongoing technical assistance to
eligible Section 14(c) certificate holders throughout the transition
period ending on December 31, 2029. Sets forth the type of technical
assistance to be provided. Provides that funds appropriated for Section
14(c) transition purposes may be used for (i) transition program grants to
eligible providers, (ii) statewide project management and coordination,
and (iii) technical assistance and capacity-building supports. Effective
immediately.
LRB104 19790 KTG 33240 b
A BILL FOR
HB5173
LRB104 19790 KTG 33240 b
1
AN ACT concerning State government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Department of Human Services Act is amended
5
by changing Section 1-95 as follows:
6
(20 ILCS 1305/1-95)
7
Sec. 1-95.
Transition program grants.
8
(a) The Department of Human Services shall establish a
9
Section 14(c) transition program to award transition grants to
10
eligible community agencies with active or pending Section
11
14(c) certificates to aid in the transition away from
12
subminimum wages for workers with disabilities. The goal of
13
Section 14(c) transition program grants is to develop new
14
opportunities and programs and grow capacity to respond to the
15
needs of individuals with disabilities in their geographic
16
area, including, but not limited to, supported employment,
17
customized employment, self-employment, entrepreneurship, and
18
diverse day programs that support meaningful days, choice, and
19
community integration.
The Department shall ensure equitable
20
access to transition grants for all eligible holders of
21
Section 14(c) certificates by (i) avoiding the concentration
22
of funding among a limited number of grant recipients and (ii)
23
promoting equity in the distribution of funds by being
HB5173
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LRB104 19790 KTG 33240 b
1
inclusive of all geographic regions of the State, provider
2
sizes, and transition needs. Every applicant that applies for
3
grant funds and meets the grant criteria established by the
4
Department shall be awarded a grant in an amount based upon the
5
Department's funding criteria.
6
(b) Eligibility for Section 14(c) transition program
7
grants shall be contingent upon community agencies submitting
8
a transition plan. The Department shall provide example plans
9
that community agencies may adapt. By January 1, 2025, the
10
transition program grant funds shall be awarded in compliance
11
with the Grant Accountability and Transparency Act.
12
(c) Grants shall be made by the Department to eligible
13
holders of Section 14(c) certificates, consistent with the
14
Grant Accountability and Transparency Act, to assist workers
15
with disabilities who are working for subminimum wages to
16
transition to competitive integrated employment and to support
17
eligible Section 14(c) certificate holders. Grant funding
18
shall be used to:
19
(1) provide competitive integrated employment;
20
(2) assist individuals with disabilities who were
21
employed at subminimum wages to find and retain
22
competitive integrated employment; or
23
(3) provide integrated community participation and
24
wraparound services for individuals with disabilities who
25
were employed at subminimum wages.
26
(c-5) As a condition of receiving a transition grant under
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this Section each grant recipient shall submit progress
2
reports to the Department twice annually on a form developed
3
by the Department in consultation with the Illinois Council on
4
Developmental Disabilities. The first report shall be
5
submitted no later than October 31st and the second report
6
shall be submitted no later than April 30th of each grant year.
7
The progress report shall include, at a minimum:
8
(1) the number of people served who were previously
9
paid subminimum wages;
10
(2) employment outcomes, including competitive
11
integrated employment, supported employment, and non-work
12
community participation;
13
(3) wage data before and after transition activities;
14
(4) hours worked and employment retention indicators;
15
(5) types of services and supports provided using
16
grant funds;
17
(6) barriers encountered and corrective actions taken;
18
and
19
(7) expenditures aligned to approved grant activities.
20
(c-6) The Department shall aggregate data collected under
21
subsection (c-5) to support an analysis of statewide
22
transition progress and alignment with the multi-year plan
23
required under Section 16 of the Employment and Economic
24
Opportunity for Persons with Disabilities Task Force Act.
25
Aggregated non-identifiable data shall be made available to
26
the public beginning January 1, 2027, and every January 1
HB5173
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thereafter.
2
(d) Beginning on January 1, 2026, the Department of Human
3
Services shall provide an annual status report to the Governor
4
and the General Assembly, incorporating data from each grant
5
recipient, to demonstrate progress toward identified
6
benchmarks.
7
(Source: P.A. 103-1060, eff. 1-21-25.)
8
Section 10.
The Employment and Economic Opportunity for
9
Persons with Disabilities Task Force Act is amended by
10
changing Section 16 as follows:
11
(20 ILCS 4095/16)
12
Sec. 16.
Multi-year plan toward elimination of Section
13
14(c) certificates.
By no later than July 1, 2025, the
14
Employment and Economic Opportunity for Persons with
15
Disabilities Task Force, with the Illinois Council on
16
Developmental Disabilities and an academic partner with
17
relevant subject matter expertise, shall create a multi-year
18
plan of recommended actions, outcomes, and benchmarks in
19
accordance with paragraphs (1) through (3) to help the State
20
successfully eliminate on and after December 31, 2029 the use
21
of certificates authorized under Section 14(c) of the federal
22
Fair Labor Standards Act of 1938.
23
(1) The multi-year plan shall include, but not be
24
limited to, all of the following:
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(A) Identification, gathering, and analytics of
2
data to inform the work of the Task Force, including,
3
but not limited to:
4
(i) the total number of entities utilizing
5
Section 14(c) certificates;
6
(ii) the total number of persons with
7
disabilities who are paid subminimum wages and the
8
total number of persons with disabilities who are
9
paid at least the applicable minimum wages;
10
(iii) the total number of persons with
11
disabilities working in facility-based employment
12
paid at or above minimum wage.
13
(B) Recommended actions, including additional
14
statutory, regulatory, or policy measures, including
15
State-supported activities to assist providers in
16
employing people with disabilities.
17
(C) Recommended measurable outcomes for each year
18
of the plan.
19
(D) Recommended benchmarks for each year of the
20
plan.
21
(2) In developing the multi-year plan, the Task Force
22
shall consider:
23
(A) The total available approximate number of
24
people with disabilities paid subminimum wages who
25
want to transition to competitive integrated
26
employment with supports.
HB5173
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(B) The total available approximate number of
2
people with disabilities who do not wish to pursue
3
competitive integrated employment and who would
4
benefit from alternative meaningful day opportunities.
5
(C) Existing State employment programs designed to
6
support workers with disabilities.
7
(D) An evaluation of capacity limits in providers'
8
contracts with the Department of Human Services'
9
Division of Rehabilitation Services and Division of
10
Developmental Disabilities.
11
(E) The personal choice of persons with
12
disabilities regarding employment goals and planning
13
in person-centered planning processes.
14
(F) The use of existing and emerging technologies
15
that could assist persons with disabilities in
16
achieving employment goals.
17
(G) The impact of access to reliable
18
transportation on achieving employment goals and
19
ongoing employment.
20
(H) An analysis that shall include data on:
21
(i) the activities of youth with disabilities
22
within one year of exiting high school;
23
(ii) the count of schools holding Student
24
Transition Employment Program and Pre-Employment
25
Transition Services contracts with the Division of
26
Rehabilitation Services that includes the count of
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students with ongoing cases who transition to
2
adult services;
3
(iii) the number of students 14 1/2 through 22
4
years of age with individualized education plans
5
indicating a need for home and community-based
6
adult services.
7
(I) The potential changes to State law,
8
regulations, or policies to protect means-tested
9
benefits for persons with disabilities as they pursue
10
employment-related goals.
11
(J) Dissemination of information regarding
12
employment supports and benefits to individuals with
13
disabilities, consumers of public services, employers,
14
service providers, and State and local agency staff.
15
Information shall include the Ticket to Work program,
16
Work Incentives Planning and Assistance Programs,
17
Illinois ABLE, and Health Benefits for Workers with
18
Disabilities.
19
(K) The education and training needs of staff
20
working in community-based provider agencies toward
21
advancing competitive, integrated work options for
22
persons with disabilities, in areas including, but not
23
limited to:
24
(i) employment options;
25
(ii) non-employment options;
26
(iii) home and community-based services and
HB5173
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supports;
2
(iv) self-advocacy;
3
(v) benefits planning;
4
(vi) asset building;
5
(vii) assistive technology;
6
(viii) certification programs; and
7
(ix) mental health services and supports.
8
(L) Agreements between State agencies and
9
community-based providers that promote flexibility and
10
allow for expansion.
11
(M) Ongoing review of rates and reimbursements
12
that support various employment programs for persons
13
with disabilities, including competitive, integrated
14
employment, customized employment, and supported
15
employment.
16
(N) The need to further engage the private
17
business community to hire persons with disabilities
18
through incentives that may include specialized
19
educational opportunities, distribution of literature
20
at points of interaction with government licensing
21
agencies, and tax incentives to hiring persons with
22
disabilities.
23
(O) The availability and need for adequate
24
benefits planning services for workers with
25
disabilities.
26
(P) The availability and need for meaningful day
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services for individuals with disabilities who prefer
2
not to work.
3
(Q) Enhanced service and support needs of aging
4
adults with developmental disabilities who have been
5
engaged in subminimum wage work, including, but not
6
limited to, activities of daily living, behavioral
7
supports, and medical supports, including
8
administration of medications while participating in
9
employment supports and community day services through
10
the Department of Human Services.
11
(3) In developing the multi-year plan, the Task Force
12
shall consult with employment service providers, people
13
with disabilities, disability trade associations, and
14
disability advocacy organizations.
15
(4) The Task Force shall submit the multi-year plan to
16
the Governor and the General Assembly by no later than
17
July 1, 2025. Annual reports on implementation shall be
18
required by no later than January 1 of each subsequent
19
year through January 1, 2030.
20
(5) The Task Force shall provide annual updates to the
21
Governor and the General Assembly through January 1, 2035
22
on the employment of persons with disabilities in
23
Illinois.
24
(6) The Governor shall appoint at least 2 additional
25
members to the Task Force who represent organizations that
26
are current Section 14(c) certificate holders. The
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1
Director of Labor, or the Director's designee, shall serve
2
on the Task Force in a non-voting, advisory capacity until
3
July 1, 2025.
4
(7) The Department of Human Services shall ensure that
5
there is project management for statewide implementation
6
of the multi-year plan under the Dignity in Pay Act,
7
Public Act 103-1060, through December 31, 2029. Project
8
management responsibilities shall include: (i) the
9
development and maintenance of a comprehensive
10
implementation plan with milestones; (ii) coordination
11
across State agencies, service providers, and technical
12
assistance entities; (iii) monitoring progress toward
13
achieving statutory benchmarks; (iv) the identification
14
and mitigation of risk; and (v) the preparation of
15
required reports to the Governor and General Assembly in
16
partnership with the Illinois Council on Developmental
17
Disabilities and the Employment and Economic Opportunity
18
for Persons with Disabilities Task Force.
19
Project management functions may be administered
20
through an intergovernmental agreement or a grant with an
21
entity that demonstrates expertise in developmental
22
disability systems transformation.
23
(8) The Department of Human Services shall ensure the
24
availability of ongoing technical assistance to eligible
25
Section 14(c) certificate holders throughout the
26
transition period ending on December 31, 2029. Technical
HB5173
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LRB104 19790 KTG 33240 b
1
assistance shall include (i) individualized provider
2
coaching, (ii) cohort-based learning opportunities, (iii)
3
open office hours for real-time problem-solving, (iv)
4
support for financial modeling, service redesign, and
5
workforce development, and (v) assistance to State
6
agencies to align policies and systems with transition
7
goals and recommendations outlined in the multi-year plan.
8
Technical assistance shall be provided by entities with
9
demonstrated expertise in disability employment systems
10
and provider transformation.
11
(9) Funds appropriated for Section 14(c) transition
12
purposes may be used for (i) transition program grants to
13
eligible providers, (ii) statewide project management and
14
coordination, and (iii) technical assistance and
15
capacity-building supports. The Department shall balance
16
investments to ensure provider participation, statewide
17
consistency, and long-term system sustainability.
18
(Source: P.A. 103-1060, eff. 1-21-25.)
19
Section 99.
Effective date.
This Act takes effect upon
20
becoming law.
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