Full Text of HB1286 99th General Assembly
HB1286ham002 99TH GENERAL ASSEMBLY | Rep. Michael J. Madigan Filed: 5/14/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1286
| 2 | | AMENDMENT NO. ______. Amend House Bill 1286 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Local | 5 | | Employee Empowerment Zone Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Employee empowerment zone" means an area designated as an | 8 | | employee empowerment zone under this Act where empowered | 9 | | employees are provided employment rights under Section 15 of | 10 | | this Act. | 11 | | "Empowered employee" means an employee to whom the employee | 12 | | empowerment zone applies pursuant to Section 10 of this Act. | 13 | | "Labor organization" includes any organization, labor | 14 | | union, craft union, or any voluntary unincorporated | 15 | | association designed to further the cause of the rights of | 16 | | union labor which is constituted for the purpose, in whole or |
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| 1 | | in part, of collective bargaining or of dealing with employers | 2 | | concerning grievances, terms or conditions of employment, or | 3 | | apprenticeships or applications for apprenticeships, or of | 4 | | other mutual aid or protection in connection with employment, | 5 | | including apprenticeships or applications for apprenticeships. | 6 | | "Unit of local government" means a unit of local | 7 | | government, as defined in Section 1 of Article VII of the | 8 | | Illinois Constitution, and any local public entity as that term | 9 | | is defined in the Local Governmental and Governmental Employees | 10 | | Tort Immunity Act. | 11 | | Section 10. Creation of employee empowerment zones.
| 12 | | (a) Any county or municipality may, by (i) ordinance or | 13 | | resolution adopted by its governing body or (ii) referendum, be | 14 | | designated as an employee empowerment zone for private-sector | 15 | | employees, public employees, or both. In any county designated | 16 | | as an employee empowerment zone for public employees, the | 17 | | employee empowerment zone shall apply to only those public | 18 | | employees that are employees of the county or of any other unit | 19 | | of local government or school district located within that | 20 | | county. In any municipality designated as an employee | 21 | | empowerment zone for public employees, the employee | 22 | | empowerment zone shall apply to only those public employees | 23 | | that are employees of the municipality or of any other unit of | 24 | | local government or school district located entirely within | 25 | | that municipality. |
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| 1 | | A petition may be filed with the county clerk, signed by | 2 | | not less than 5% of the registered voters within the a county | 3 | | or municipality to be designated as an employee empowerment | 4 | | zone, requesting the submission of the following question to a | 5 | | referendum:
| 6 | | --------------------------------------------------------- | 7 | | Shall .. (government entity name) YES | 8 | | be designated as a ... -------- | 9 | | (type of employee empowerment zone) pursuant | 10 | | to the Local Employee Empowerment Zone Act? NO | 11 | | --------------------------------------------------------- | 12 | | If such a petition is filed, the county clerk shall submit | 13 | | the public question shall be submitted to referendum at the | 14 | | next regular election occurring not less than 92 days after the | 15 | | filing of the petition. If a majority of the voters voting on | 16 | | the public question vote in favor of it, the county or | 17 | | municipality shall be designated as the applicable employee | 18 | | empowerment zone. | 19 | | (b) A school district or unit of local government may, by | 20 | | (i) ordinance or resolution adopted by its governing body or | 21 | | (ii) referendum, be designated as an employee empowerment zone | 22 | | for public employees of that school district or unit of local | 23 | | government. Any public question for referendum under this | 24 | | subsection shall be initiated and submitted in the same manner | 25 | | as provided in subsection (a) of this Section. If a majority of | 26 | | the voters voting on the public question vote in favor of it, |
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| 1 | | the school district or unit of local government shall be | 2 | | considered an employee empowerment zone. | 3 | | (c) In a municipality with a population of in excess of | 4 | | 1,000,000 inhabitants, a ward may, by referendum, be designated | 5 | | as an employee empowerment zone for private-sector employees. | 6 | | Any public question for referendum under this subsection shall | 7 | | be initiated and submitted in the same manner as provided in | 8 | | subsection (a) of this Section. If a majority of the voters | 9 | | within the respective ward voting on the question vote in favor | 10 | | of it, the ward shall be designated as an employee empowerment | 11 | | zone. The boundaries of employee empowerment zone shall be the | 12 | | boundaries of the ward at the time of the designation and shall | 13 | | not change due to any future redistricting of the ward. | 14 | | Section 15. Empowered employee rights. | 15 | | (a) Notwithstanding any other provision of law, no | 16 | | empowered employee shall be required, as a condition or | 17 | | continuation of employment, to: | 18 | | (1) become or remain a member of a labor organization; | 19 | | (2) pay any dues, fees, assessments, or other similar | 20 | | charges, however denominated of any kind or amount to a | 21 | | labor organization; or | 22 | | (3) pay to any charity or other third party, in lieu of | 23 | | such payments, any amount equivalent to or pro rata portion | 24 | | of dues, fees, assessments, or other charges required of | 25 | | members in a labor organization. |
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| 1 | | (b) An empowered employee may do any of the following: | 2 | | (1) organize together or form, join, assist, or remain | 3 | | in a labor organization; | 4 | | (2) engage in lawful concerted activities for the | 5 | | purpose of collective negotiation or bargaining or other | 6 | | mutual aid and protection; or negotiate or bargain | 7 | | collectively with their employers through representatives | 8 | | of their own free choice; | 9 | | (3) pay any dues, fees, assessments, or other charges | 10 | | or expenses of any kind or amount or provide anything of | 11 | | value to a labor organization; | 12 | | (4) pay to any charitable organization or third party | 13 | | an amount that is in lieu of, equivalent to, or any portion | 14 | | of dues, fees, assessments, or other charges or expenses | 15 | | required of members of or employees represented by a labor | 16 | | organization; or | 17 | | (5) refrain from any or all of the activities | 18 | | identified in paragraphs (1) through (4) of this | 19 | | subsection.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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