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It’s just a bill

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Illinois

An Illinois House Democrat has been trying to phase out the sub-minimum wages for workers with developmental and intellectual disabilities since 2019. During this past legislative session, the Dignity in Pay Act failed to gain enough support after an intense debate.

Rep. Theresa Mah (D-Chicago) believes that the state should empower people with disabilities to maximize their employment and self-sufficiency. Mah believes it is wrong that some disabled workers are being paid much less than the state’s minimum wage and it is past time to eliminate the sub-minimum wage.

However, other lawmakers, such as State Representative Charlie Meier (R-Okawville) and State Representative Dave Severin (R-Benton) believe a lot of these workers will be without jobs if the bill passes. Severin had this to say…

“In talking with the the workshops in Southern Illinois, they said, you know, not only does this impact the people that are working now, but it prohibits those that want to come come in that would qualify and would come to a workshop to work. Those young people that are coming out of schools that are qualifying for opportunities to come to workshops and those types of facilities. It prohibits them the opportunity to have a job. So this is a very important issue, and we need to stand firm across both sides of the aisle.”

* HB4197 filed by Sonya Harper…

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $100,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.

* Rep. Carol Ammons introduced HB4198 yesterday…

Amends the Election Code. Provides that an election authority may elect to mail a vote by mail ballot to all qualified voters instead of sending notices and applications for permanent vote by mail status. Requires the election authority to make a list of all voters to whom the vote by mail ballots will be sent, publicly post that list, and send the list to the State Board of Elections. Provides that a person who has never voted before may not be sent a vote by mail ballot under the provisions unless the person first provides the election authority with sufficient proof of identity and the election authority verifies the person’s proof of identity. Provides that a person may request, in writing, to the election authority that the person not receive a ballot sent under the provisions. Provides that the election authority shall keep a record of a person who has made a request and, in all future elections following receipt of the request, shall instead send the person who made the request a notice and application for permanent vote by mail status.

* Rep. Mary Flowers’ HB4199…

Amends the Administration Article of the Illinois Public Aid Code. Provides that notwithstanding any other law or rule to the contrary and subject to federal approval, when calculating a household unit’s monthly earned income for purposes of determining eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits, the Department of Human Services shall only consider the household unit’s monthly after-tax income, as defined. Requires the Department to also disregard any change in a household unit’s monthly earned income due to any minimum wage increase implemented on or after January 1, 2023 in accordance with any State law or county or municipal ordinance. Requires the Department to apply for any federal approvals required to implement the provisions of the amendatory Act. Permits the Department to adopt any rules necessary to implement the provisions of the amendatory Act.

* Rep. Charles Meier introduced HB4200…

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall direct all State-operated developmental centers to conduct all interviews and testing of an applicant applying for a position as a mental health technician in a single day at the facility at which the applicant is applying for employment. Provides that, if the applicant passes the initial interview and testing process, any required drug testing and background check shall be completed at the direction of the State-operated developmental center within 7 days after the date of the initial interview and testing. Provides that, if the applicant is found to be eligible for employment as a mental health technician, the State-operated developmental center shall, within 30 days after the initial interview and testing, notify the applicant of its decision and inform the applicant of the date of his or her first day of employment at the facility. Provides that the Department may adopt rules necessary to implement and administer the provisions.

* SB382 is in the House after passing the Senate 57-0 yesterday…

Replaces everything after the enacting clause. Amends the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Changes the definition of “depicted individual” to mean an individual whose face or body (rather than only body) is shown, in whole or in part, in a private sexual image or digitally altered sexual image (rather than only a private sexual image). Defines “digitally altered sexual image” to mean any visual media, including any photograph, film, videotape digital recording, or other similar medium, that is created or substantially altered so that it would falsely appear to a reasonable person to be an authentic depiction of the appearance or conduct, or the absence of the appearance or conduct, of an individual depicted in the media. Provides that a person is not liable under the Act if the person proves that the dissemination of or a threat to disseminate a digitally altered sexual image was made in good faith, made in good faith in the reporting or investigation of unlawful conduct or unsolicited and unwelcome conduct, or related to a matter of public concern.

* SB856 also made it out of the Senate…

Replaces everything after the enacting clause. Amends the Illinois Identification Act and the Illinois Vehicle Code. Provides that an applicant for an identification card or driver’s license who is an employee of the Department of Children and Family Services with a job title of “Child Protection Specialist Trainee”, “Child Protection Specialist”, “Child Protection Advanced Specialist”, “Child Welfare Specialist Trainee”, “Child Welfare Specialist”, or “Child Welfare Advanced Specialist” may elect to use his or her office or work address in lieu of the applicant’s residence or mailing address on an application for an identification card or driver’s license. Effective January 1, 2024.

posted by Isabel Miller
Thursday, Oct 26, 23 @ 11:38 am

Comments

Representative Katie Stewart (Democrat) was at the Press Conference yesterday regarding HB 793 which would faze out the subminimum wage. She,along with Reps.Meier and Severin spoke out against the bill at the press conference. There was a large group of parents and indviduals wearing yellow tshirts that said MY WORK! MY CHOICE! This is a bipartisan issue, that definitely needs to be researched before it passes. Studies show it will put many individuals with disabilities out of work. It may be well intentioned, but doesn’t take into account the different type of disabilities. Kudos to Rep. Steward for working together with Reps Meier and Severin.

Comment by Grateful Gail Thursday, Oct 26, 23 @ 12:19 pm
Re: HB4199, I would advise against using after-tax income. A two income, four person household could earn $110K and still qualify for SNAP if they max out their retirement contributions, and I do not think that is the intended beneficiary of this program. Heck, the way it is written, deductions to pay for a country club membership would reduce one’s after-tax income:

===”after-tax income” means the net amount of earned income available after all applicable deductions against the income…are taken.===

Comment by thechampaignlife Thursday, Oct 26, 23 @ 12:29 pm
=== There was a large group of parents and indviduals wearing yellow tshirts that said MY WORK! MY CHOICE! ===

You’re kinda losing me when you argue that people with disabilities count as a whole person when they show up at the state Capitol in a yellow t-shirt, but 3/5th of a person when calculating wages.

Comment by Mother Jones Thursday, Oct 26, 23 @ 1:02 pm
- In talking with the the workshops in Southern Illinois, they said, you know, not only does this impact the people that are working now, but it prohibits those that want to come come in that would qualify and would come to a workshop to work. -

Ok representatives, let’s see your jobs proposal for the disabled if that’s your true motivation. This is about profits for your buddies who are exploiting disabled workers, plain and simple.

Comment by Excitable Boy Thursday, Oct 26, 23 @ 1:13 pm
That Sonya Harper bill - is that basically the same one she failed to pass in May of this year? Many Dems took a walk and it only got 57 votes.

https://ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=2520&GAID=17&SessionID=112&LegID=147623

Comment by low level Thursday, Oct 26, 23 @ 1:13 pm
“…lawmakers, such as State Representative Charlie Meier (R-Okawville) and State Representative Dave Severin (R-Benton) believe a lot of these workers will be without jobs if the bill passes.”

What’s the value in a job if it pays so little you can’t even live off that income?

There have been stories down showing that Goodwill, for instance, paid some employees so little they basically paid as much to take public transit to their job each day as they earned from the job itself.

We can do better than allowing employers to pay people subhuman wages.

Comment by Techie Thursday, Oct 26, 23 @ 1:17 pm
Subminimum Wage is based on production. So a person could be working in Sub-minimum wage position and actually make more than minimum wage based on production. On the other side, a persons production may be so low that they may make far below Minimum Wage.
For states that have discontinued sub-minimum wage, they have seen an increase in persons in Sheltered Workshops moving into competitive integrated employment. That does not take into account the “production” population in comparison to each other. So most likely the persons exceeding the production quotas in workshops are the ones driving the increase in these states.
So as this may be good for some people, many will be left out.
So if or when this comes to fruition, maybe we could get more information on the percentiles of persons who work or worked sub-minimum wage based on their pay.
Example:
90-100 percentile of subminimum wage total wages number of individuals: # moving into competitive integrated employment
80-89 percentile
70-79 percentile
so on so forth

Most likely the results we will see is the upper wage earners in Sub-Minimum wage moving into competitive integrated employment and the lower teir wage percentile earners no longer receiving a wage at all.

Comment by T.S. Thursday, Oct 26, 23 @ 1:34 pm
“What’s the value in a job if it pays so little you can’t even live off that income?”

Is it better that a person with disabilities should stay home and watch TV all day?

These are jobs meant for people who do not have the ability to support themselves through their work. They will not be able to live independently but will either live with family or in a group home or with other supports. Absent a government program which provides wage subsidies, a subminimum wage is the best feasible alternative to enable these individuals to participate in the workforce/in a world outside their home.

Comment by Jane Thursday, Oct 26, 23 @ 1:39 pm
“These are jobs meant for people who do not have the ability to support themselves through their work.”

If this is true, then why not create government programs that help cover some significant portion of their living expenses in exchange for work that contributes towards improvements in the local community, such as with park districts or schools?

Comment by Techie Thursday, Oct 26, 23 @ 1:59 pm
Re: SB856 Amendment

I am somewhat taken back by this. And I admit here I am ill-informed on the issue.

I understand the need to protect such workers from doxing and other threats. But using a workplace as a place of residence seems really weird to me.

Following the slippery slope method of arguing, we could offer similar treatment to LEOs, politicians and other state employees for various reasons. But doing denies protections to non-state employees and thereby privileges (some) state employees.

If a driver’s license does not indicate where a person actually lives, actual proof of residency does not exist upon inspection. How that might affect things like flying (a federal issue) is worth considering. I am sure the Secretary of State Office would be able to inform inquiries of substance, but that seems like a strange model.

Or am I just reading this wrong?

Comment by H-W Thursday, Oct 26, 23 @ 2:56 pm
@Jane - Well put.

Comment by Dignity in Pay Act Thursday, Oct 26, 23 @ 3:07 pm
The part that’s very easy is the value that people with disabilities should be paid minimum wage just like people without disabilities. I think the concerns of the Southern IL legislators fall specifically to day program providers in their more rural districts. Transportation’s more of an issue, fewer job opportunities in the local economy, a system so under-funded they’re under a federal consent decree. These have cobbled together opportunities for people with fairly high support needs in a center-based location. It can certainly be done, but it takes more resources - more DSPs, more individualized transportation, and we hear each year at budget time, there’s a crisis in DSP recruitment and retention. If you’re a Southern IL provider trying to do good things, the state pays you $16.82/hour for center-based services with a maximum ratio of anywhere from 1:5 to 1:10, whether classroom or sheltered work, work of any kind of course being more popular. If this provider supports people to work in community with a maximum ratio of 1:3, the state pays them only $13.73 hour. Less pay for higher transportation and staffing costs, and assuming the right job can be found. This is a very cherry-picked example, but I”m inclined to give the benefit of the doubt to those providers in rural areas that they’re trying to get the resources they need to support people in an even more intensive and costly manner than currently. The elimination of special minimum wage is going to happen. The value cannot be denied. The question is whether the resources will exist to support a move into employment for those who need more intensive supports or they’ll be left behind in a center-based classroom type environment with the work component no longer available.

https://www.dhs.state.il.us/page.aspx?item=146866

Comment by Earnest Thursday, Oct 26, 23 @ 3:23 pm
Should Ammons be able to file legislation related directly to her husband’s elected position? Fishy at best

Comment by Central Illinois Centrist Thursday, Oct 26, 23 @ 4:09 pm