101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1130

 

Introduced 2/5/2019, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/205  from Ch. 48, par. 315

    Amends the Unemployment Insurance Act. Makes a technical change in a Section concerning the definition of "employer".


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A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Section 205 as follows:
 
6    (820 ILCS 405/205)  (from Ch. 48, par. 315)
7    Sec. 205. "Employer" means:
8    A. With respect to the the years 1937, 1938, and 1939, any
9employing unit which has or had in employment eight or more
10individuals on some portion of a day, but not necessarily
11simultaneously, and irrespective of whether the same
12individuals are or were employed on each such day within each
13of twenty or more calendar weeks, whether or not such weeks are
14or were consecutive, within either the current or preceding
15calendar year;
16    B.  1. With respect to the years 1940 through 1955,
17inclusive, any employing unit which has or had in employment
18six or more individuals within each of twenty or more calendar
19weeks (but not necessarily simultaneously and irrespective of
20whether the same individuals are or were employed in each such
21week), whether or not such weeks are or were consecutive,
22within either the current or preceding calendar year;
23    2. With respect to the years 1956 through 1971, inclusive,

 

 

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1any employing unit which has or had in employment four or more
2individuals within each of twenty or more calendar weeks (but
3not necessarily simultaneously and irrespective of whether the
4same individuals are or were employed in each such week),
5whether or not such weeks are or were consecutive, within
6either the current or preceding calendar year;
7    3. With respect to the years 1972 and thereafter, except as
8provided in subsection K and in Section 301, any employing unit
9which (1) pays or paid, for services in employment, wages of at
10least $1500 within any calendar quarter in either the current
11or preceding calendar year; or (2) has or had in employment at
12least one individual on some portion of a day, irrespective of
13whether the same individual is or was employed on each such
14day, within each of twenty or more calendar weeks, whether or
15not such weeks are or were consecutive, within either the
16current or preceding calendar year;
17    4. With respect to the years 1972 and thereafter, any
18nonprofit organization as defined in Section 211.2, except as
19provided in subsection K and in Section 301;
20    5. With respect to the years 1972 and thereafter, the State
21of Illinois and each of its instrumentalities; and with respect
22to the years 1978 and thereafter, each governmental entity
23referred to in clause (B) of Section 211.1, except as provided
24in Section 301;
25    6. With respect to the years 1978 and thereafter, any
26employing unit for which service in agricultural labor is

 

 

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1performed in employment as defined in Section 211.4, except as
2provided in subsection K and in Section 301;
3    7. With respect to the years 1978 and thereafter, any
4employing unit for which domestic service is performed in
5employment as defined in Section 211.5, except as provided in
6subsection K and in Section 301;
7    C. Any individual or employing unit which succeeded to the
8organization, trade, or business of another employing unit
9which at the time of such succession was an employer, and any
10individual or employing unit which succeeded to the
11organization, trade, or business of any distinct severable
12portion of another employing unit, which portion, if treated as
13a separate employing unit, would have been, at the time of the
14succession, an employer under subsections A or B of this
15Section;
16    D. Any individual or employing unit which succeeded to any
17of the assets of an employer or to any of the assets of a
18distinct severable portion thereof, if such portion, when
19treated as a separate employing unit would be an employer under
20subsections A or B of this Section, by any means whatever,
21otherwise than in the ordinary course of business, unless and
22until it is proven in any proceeding where such issue is
23involved that all of the following exist:
24        1. The successor unit has not assumed a substantial
25    amount of the predecessor unit's obligations; and
26        2. The successor unit has not acquired a substantial

 

 

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1    amount of the predecessor unit's good will; and
2        3. The successor unit has not continued or resumed a
3    substantial part of the business of the predecessor unit in
4    the same establishment;
5    E. Any individual or employing unit which succeeded to the
6organization, trade, or business, or to any of the assets of a
7predecessor unit (unless and until it is proven in any
8proceeding where such issue is involved that all the conditions
9enumerated in subsection D of this Section exist), if the
10experience of the successor unit subsequent to such succession
11plus the experience of the predecessor unit prior to such
12succession, both within the same calendar year, would equal the
13experience necessary to constitute an employing unit an
14employer under subsections A or B of this Section;
15    For the purposes of this subsection, the term "predecessor
16unit" shall include any distinct severable portion of an
17employing unit.
18    F. With respect to the years 1937 through 1955, inclusive,
19any employing unit which together with one or more other
20employing units is owned or controlled, directly or indirectly,
21by legally enforceable means or otherwise, by the same
22interests, or which owns or controls one or more other
23employing units directly or indirectly, by legally enforceable
24means or otherwise, and which if treated as a single unit with
25such other employing units or interests or both would be an
26employer under subsections A or B of this Section;

 

 

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1    G. Any employing unit which, having become an employer
2under subsections A, B, C, D, E, or F of this Section, has not,
3under Section 301, ceased to be an employer;
4    H. For the effective period of its election pursuant to
5Section 302, any other employing unit which has elected to
6become fully subject to this Act;
7    I. Any employing unit which is an employer under Section
8245;
9    J. Any employing unit which, having become an employer
10under Section 245, has not, with respect to the year 1960 or
11thereafter, ceased to be an employer under Section 301; or
12    J-1. On and after December 21, 2000, any Indian tribe for
13which service in "employment" as defined under this Act is
14performed.
15    K. In determining whether or not an employing unit for
16which service other than domestic service is also performed is
17an employer under paragraphs 3, 4, or 6 of subsection B, the
18domestic service of an individual and the wages paid therefor
19shall not be taken into account. In determining whether or not
20an employing unit for which service other than agricultural
21labor is also performed is an employer under paragraphs 4 or 7
22of subsection B, the service of an individual in agricultural
23labor and the wages paid therefor shall not be taken into
24account. An employing unit which is an employer under paragraph
256 of subsection B is an employer under paragraph 3 of
26subsection B.

 

 

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1(Source: P.A. 92-555, eff. 6-24-02.)