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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.".