HB1286ham002 99TH GENERAL ASSEMBLY

Rep. Michael J. Madigan

Filed: 5/14/2015

09900HB1286ham002 LRB099 05154 JLS 35398 a

AMENDMENT TO HOUSE BILL 1286

AMENDMENT NO. ______. Amend House Bill 1286 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Local Employee Empowerment Zone Act.

Section 5. Definitions. As used in this Act:

"Employee empowerment zone" means an area designated as an employee empowerment zone under this Act where empowered employees are provided employment rights under Section 15 of this Act.

"Empowered employee" means an employee to whom the employee empowerment zone applies pursuant to Section 10 of this Act.

"Labor organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.

"Unit of local government" means a unit of local government, as defined in Section 1 of Article VII of the Illinois Constitution, and any local public entity as that term is defined in the Local Governmental and Governmental Employees Tort Immunity Act.

Section 10. Creation of employee empowerment zones.

(a) Any county or municipality may, by (i) ordinance or resolution adopted by its governing body or (ii) referendum, be designated as an employee empowerment zone for private-sector employees, public employees, or both. In any county designated as an employee empowerment zone for public employees, the employee empowerment zone shall apply to only those public employees that are employees of the county or of any other unit of local government or school district located within that county. In any municipality designated as an employee empowerment zone for public employees, the employee empowerment zone shall apply to only those public employees that are employees of the municipality or of any other unit of local government or school district located entirely within that municipality.

A petition may be filed with the county clerk, signed by not less than 5% of the registered voters within the a county or municipality to be designated as an employee empowerment zone, requesting the submission of the following question to a referendum:

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Shall .. (government entity name) YES

be designated as a ... --------

(type of employee empowerment zone) pursuant

to the Local Employee Empowerment Zone Act? NO

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If such a petition is filed, the county clerk shall submit the public question shall be submitted to referendum at the next regular election occurring not less than 92 days after the filing of the petition. If a majority of the voters voting on the public question vote in favor of it, the county or municipality shall be designated as the applicable employee empowerment zone.

(b) A school district or unit of local government may, by (i) ordinance or resolution adopted by its governing body or (ii) referendum, be designated as an employee empowerment zone for public employees of that school district or unit of local government. Any public question for referendum under this subsection shall be initiated and submitted in the same manner as provided in subsection (a) of this Section. If a majority of the voters voting on the public question vote in favor of it, the school district or unit of local government shall be considered an employee empowerment zone.

(c) In a municipality with a population of in excess of 1,000,000 inhabitants, a ward may, by referendum, be designated as an employee empowerment zone for private-sector employees. Any public question for referendum under this subsection shall be initiated and submitted in the same manner as provided in subsection (a) of this Section. If a majority of the voters within the respective ward voting on the question vote in favor of it, the ward shall be designated as an employee empowerment zone. The boundaries of employee empowerment zone shall be the boundaries of the ward at the time of the designation and shall not change due to any future redistricting of the ward.

Section 15. Empowered employee rights.

(a) Notwithstanding any other provision of law, no empowered employee shall be required, as a condition or continuation of employment, to:

(1) become or remain a member of a labor organization;

(2) pay any dues, fees, assessments, or other similar charges, however denominated of any kind or amount to a labor organization; or

(3) pay to any charity or other third party, in lieu of such payments, any amount equivalent to or pro rata portion of dues, fees, assessments, or other charges required of members in a labor organization.

(b) An empowered employee may do any of the following:

(1) organize together or form, join, assist, or remain in a labor organization;

(2) engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; or negotiate or bargain collectively with their employers through representatives of their own free choice;

(3) pay any dues, fees, assessments, or other charges or expenses of any kind or amount or provide anything of value to a labor organization;

(4) pay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of or employees represented by a labor organization; or

(5) refrain from any or all of the activities identified in paragraphs (1) through (4) of this subsection.

Section 99. Effective date. This Act takes effect upon becoming law.".