State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ House Amendment 002 ]

90_HB1460ham001

                                           LRB9000215SMdvam01
 1                    AMENDMENT TO HOUSE BILL 1460
 2        AMENDMENT NO.     .  Amend House Bill 1460  by  replacing
 3    the title with the following:
 4        "AN  ACT  to amend the Illinois Public Aid Code by adding
 5    Section 9A-13."; and
 6    by replacing everything after the enacting  clause  with  the
 7    following:
 8        "Section  5.   The Illinois Public Aid Code is amended by
 9    adding Section 9A-13 as follows:
10        (305 ILCS 5/9A-13 new)
11        Sec. 9A-13. Work activity; anti-displacement provisions.
12        (a)  As used in this Section "work  activity"  means  any
13    workfare,           earnfare,          pay-after-performance,
14    work-off-the-grant, work experience, or other activity  under
15    Sections  9A-9,  9A-12,  or any other Section of this Code in
16    which a recipient of public assistance performs work for  any
17    employer  as  a condition of receiving the public assistance,
18    and the employer does not pay wages for the work; or  as  any
19    grant  diversion, wage supplementation, or similar program in
20    which the public assistance grant is provided to the employer
21    as a subsidy for the wages of any recipient in its workforce.
                            -2-            LRB9000215SMdvam01
 1        (b)  An  employer  may  not  utilize  a   work   activity
 2    participant if such utilization would result in:
 3             (1)  the  displacement  or  partial  displacement of
 4        current  employees,  including  but  not  limited  to   a
 5        reduction  in  hours  of  non-overtime  or overtime work,
 6        wages, or employment benefits; or
 7             (2)  the filling of a position that would  otherwise
 8        be a promotional opportunity for current employees; or
 9             (3)  the filling of a position created by or causing
10        termination,  layoff,  a hiring freeze, or a reduction in
11        the workforce; or
12             (4)  the  placement  of   a   participant   in   any
13        established unfilled vacancy; or
14             (5)  the  performance  of  work  by a participant if
15        there is a strike, lockout, or  other  labor  dispute  in
16        which the employer is engaged.
17        (c)  An  employer  who  wishes  to  utilize work activity
18    participants  shall  be  required   to   gain   the   written
19    concurrence of the labor organization representing any of its
20    employees  and shall at least 15 days prior to utilizing such
21    participants, notify the labor organization of the name, work
22    location, and the duties to be performed by the participant.
23        (d)  The Department of Human Services shall  establish  a
24    grievance  procedure for employees and labor organizations to
25    utilize in  the  event  of  any  alleged  violation  of  this
26    Section.  Notwithstanding the above, a labor organization may
27    utilize the established grievance or arbitration procedure in
28    its  collective bargaining agreement to contest violations of
29    this Section.".

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