20 ILCS 4095/ Employment and Economic Opportunity for Persons with Disabilities Task Force Act.

(20 ILCS 4095/1)

Sec. 1. Short title. This Act may be cited as the Employment and Economic Opportunity for Persons with Disabilities Task Force Act.

(Source: P.A. 96-368, eff. 8-13-09.)

(20 ILCS 4095/5)

Sec. 5. Findings. The General Assembly finds as follows:

(1) That there are many qualified persons with disabilities in Illinois who are unable to obtain competitive employment.

(2) That the unemployment rate for persons with disabilities far exceeds the unemployment rate for persons without disabilities.

(3) That millions of federal and State dollars are invested each year in education, training, supported employment, vocational training and other services related to the employment and training of persons with disabilities in Illinois without any significant gains in the rate of competitive employment for persons with disabilities.

(4) That there has been a history of barriers to equal employment opportunity for persons with disabilities in Illinois, and those barriers continue to exist in the public and the private sectors.

(5) That it is in the best social and economic interests of the State of Illinois to expand competitive employment and economic opportunity for persons with disabilities in Illinois.

(6) That competitive employment and other economic opportunity for persons with disabilities will facilitate self-sufficiency and independent living for more persons with disabilities in Illinois.

(Source: P.A. 96-368, eff. 8-13-09.)

(20 ILCS 4095/10)

Sec. 10. Employment and Economic Opportunity for Persons with Disabilities Task Force.

(a) The Employment and Economic Opportunity for Persons with Disabilities Task Force is created.

(b) The Employment and Economic Opportunity for Persons with Disabilities Task Force shall be appointed and hold its first meeting within 90 days after the effective date of this Act, be convened by the Governor, and operate with administrative support from the Illinois Department of Human Services.

(c) The Task Force shall be comprised of the following representatives of State Government: a high-ranking member of the Governor's management team, designated by the Governor; representatives of each division of the Department of Human Services, designated by the Secretary of Human Services; the Director of Healthcare and Family Services, or his or her designee; the Director of Veterans' Affairs or his or her designee; the Director of Commerce and Economic Opportunity or his or her designee; the Director of Employment Security or his or her designee; the Director of Central Management Services or his or her designee; the Director of Juvenile Justice or his or her designee; the Executive Director of the Board of Higher Education or his or her designee; the Executive Director of the Illinois Community College Board or his or her designee; the Executive Director of the Illinois Council on Developmental Disabilities or his or her designee; and the State Superintendent of Education or his or her designee.

(d) The Task Force shall also consist of no more than 15 public members who shall be appointed by the Governor and who represent the following constituencies: statewide organizations that advocate for persons with physical, developmental and psychiatric disabilities, entities with expertise in assistive technology devices and services for persons with disabilities, advocates for veterans with disabilities, centers for independent living, disability services providers, organized labor, higher education, the private sector business community, entities that provide employment and training services to persons with disabilities, and at least 5 persons who have a disability.

(e) The Task Force shall be co-chaired by the representative of the Governor and a public member who shall be chosen by the other public members of the Task Force.

(f) The Task Force members shall serve voluntarily and without compensation. Persons with disabilities serving on the Task Force shall be accommodated to enable them to fully participate in Task Force activities.

(g) The co-chairs of the Task Force shall extend an invitation to chairs and minority spokespersons of appropriate legislative committees to attend all meetings of the Task Force, and may invite other individuals who are not members of the Task Force to participate in subcommittees of the Task Force or to take part in discussions of topics for which those individuals have particular expertise.

(h) The Task Force shall coordinate its work with existing State advisory bodies whose work may include employment and economic opportunity for persons with disabilities.

(Source: P.A. 100-131, eff. 8-18-17; 100-866, eff. 8-14-18.)

(20 ILCS 4095/15)

Sec. 15. Task Force Responsibilities. The Task Force shall analyze programs and policies of the State to determine what changes, modifications, and innovations may be necessary to remove barriers to competitive employment and economic opportunity for persons with disabilities, including barriers such as transportation, housing, program accessibility, and benefit structure. The Task Force shall also analyze State disability systems, including the mental health, developmental disabilities, veterans' assistance, workforce investment, and rehabilitation services systems, and their effect on employment of persons with disabilities. The Task Force shall review and analyze applicable research and policy studies, innovations used in other states, and any federal policy initiatives such as customized employment, and federal funding opportunities that would increase competitive employment and economic opportunity for persons with disabilities in Illinois.

With regard to the post-secondary transition of youth with disabilities to employment, post-secondary education and training, community living, and other adult activities, the Task Force shall:

(1) design a process for collecting, analyzing, coordinating, and sharing data;

(2) be a resource for sharing information with State and local agencies involved in the delivery of services to youth with disabilities;

(3) assist local transition planning committees by developing model interagency agreements to ensure that necessary services are available;

(4) review and evaluate annual transition outcome data from information collected by State agencies that are members of the Task Force from local transition planning committees, school districts, and other appropriate sources. Data indicators under this paragraph (4) shall include:

(A) high school graduation or passage of high school equivalency testing;

(B) participation in post-secondary education, including continuing and adult education;

(C) involvement in integrated employment, supported employment, vocational training, and work-based learning activities;

(D) independent living, community participating adult services, and other adult services; and

(E) enrollment in the Prioritization of Urgency of Need for Services (PUNS) program;

(5) evaluate and report on the State's progress with regard to the implementation of the post-secondary transition requirements of the federal Workforce Innovation and Opportunity Act; and

(6) develop periodic in-service training programs to consumers and families in improving understanding and awareness of post-secondary transition services.

(Source: P.A. 100-866, eff. 8-14-18.)

(20 ILCS 4095/16)

Sec. 16. Multi-year plan toward elimination of Section 14(c) certificates. By no later than July 1, 2025, the Employment and Economic Opportunity for Persons with Disabilities Task Force, with the Illinois Council on Developmental Disabilities and an academic partner with relevant subject matter expertise, shall create a multi-year plan of recommended actions, outcomes, and benchmarks in accordance with paragraphs (1) through (3) to help the State successfully eliminate on and after December 31, 2029 the use of certificates authorized under Section 14(c) of the federal Fair Labor Standards Act of 1938.

(1) The multi-year plan shall include, but not be limited to, all of the following:

(A) Identification, gathering, and analytics of data to inform the work of the Task Force, including, but not limited to:

(i) the total number of entities utilizing Section 14(c) certificates;

(ii) the total number of persons with disabilities who are paid subminimum wages and the total number of persons with disabilities who are paid at least the applicable minimum wages;

(iii) the total number of persons with disabilities working in facility-based employment paid at or above minimum wage.

(B) Recommended actions, including additional statutory, regulatory, or policy measures, including State-supported activities to assist providers in employing people with disabilities.

(C) Recommended measurable outcomes for each year of the plan.

(D) Recommended benchmarks for each year of the plan.

(2) In developing the multi-year plan, the Task Force shall consider:

(A) The total available approximate number of people with disabilities paid subminimum wages who want to transition to competitive integrated employment with supports.

(B) The total available approximate number of people with disabilities who do not wish to pursue competitive integrated employment and who would benefit from alternative meaningful day opportunities.

(C) Existing State employment programs designed to support workers with disabilities.

(D) An evaluation of capacity limits in providers' contracts with the Department of Human Services' Division of Rehabilitation Services and Division of Developmental Disabilities.

(E) The personal choice of persons with disabilities regarding employment goals and planning in person-centered planning processes.

(F) The use of existing and emerging technologies that could assist persons with disabilities in achieving employment goals.

(G) The impact of access to reliable transportation on achieving employment goals and ongoing employment.

(H) An analysis that shall include data on:

(i) the activities of youth with disabilities within one year of exiting high school;

(ii) the count of schools holding Student Transition Employment Program and Pre-Employment Transition Services contracts with the Division of Rehabilitation Services that includes the count of students with ongoing cases who transition to adult services;

(iii) the number of students 14 1/2 through 22 years of age with individualized education plans indicating a need for home and community-based adult services.

(I) The potential changes to State law, regulations, or policies to protect means-tested benefits for persons with disabilities as they pursue employment-related goals.

(J) Dissemination of information regarding employment supports and benefits to individuals with disabilities, consumers of public services, employers, service providers, and State and local agency staff. Information shall include the Ticket to Work program, Work Incentives Planning and Assistance Programs, Illinois ABLE, and Health Benefits for Workers with Disabilities.

(K) The education and training needs of staff working in community-based provider agencies toward advancing competitive, integrated work options for persons with disabilities, in areas including, but not limited to:

(i) employment options;

(ii) non-employment options;

(iii) home and community-based services and supports;

(iv) self-advocacy;

(v) benefits planning;

(vi) asset building;

(vii) assistive technology;

(viii) certification programs; and

(ix) mental health services and supports.

(L) Agreements between State agencies and community-based providers that promote flexibility and allow for expansion.

(M) Ongoing review of rates and reimbursements that support various employment programs for persons with disabilities, including competitive, integrated employment, customized employment, and supported employment.

(N) The need to further engage the private business community to hire persons with disabilities through incentives that may include specialized educational opportunities, distribution of literature at points of interaction with government licensing agencies, and tax incentives to hiring persons with disabilities.

(O) The availability and need for adequate benefits planning services for workers with disabilities.

(P) The availability and need for meaningful day services for individuals with disabilities who prefer not to work.

(Q) Enhanced service and support needs of aging adults with developmental disabilities who have been engaged in subminimum wage work, including, but not limited to, activities of daily living, behavioral supports, and medical supports, including administration of medications while participating in employment supports and community day services through the Department of Human Services.

(3) In developing the multi-year plan, the Task Force shall consult with employment service providers, people with disabilities, disability trade associations, and disability advocacy organizations.

(4) The Task Force shall submit the multi-year plan to the Governor and the General Assembly by no later than July 1, 2025. Annual reports on implementation shall be required by no later than January 1 of each subsequent year through January 1, 2030.

(5) The Task Force shall provide annual updates to the Governor and the General Assembly through January 1, 2035 on the employment of persons with disabilities in Illinois.

(6) The Governor shall appoint at least 2 additional members to the Task Force who represent organizations that are current Section 14(c) certificate holders. 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.

(Source: P.A. 103-1060, eff. 1-21-25.)

(20 ILCS 4095/20)

Sec. 20. Reporting. The Task Force shall make recommendations to the General Assembly and to the Governor, including legislative proposals, regulatory changes, systems changes, and budget initiatives, that would advance employment and economic opportunity for persons with disabilities in Illinois. The Task Force shall produce an annual report of its activities and recommendations that shall be issued no later than May 1st of each year, the first report being due no later than May 1, 2010.

(Source: P.A. 96-368, eff. 8-13-09.)

(20 ILCS 4095/99)

Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 96-368, eff. 8-13-09.)