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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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