Full Text of SB2243 97th General Assembly
SB2243sam001 97TH GENERAL ASSEMBLY | Sen. Chris Lauzen Filed: 3/10/2011
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| 1 | | AMENDMENT TO SENATE BILL 2243
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2243 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unemployment Insurance Act is amended by | 5 | | adding Section 411 as follows: | 6 | | (820 ILCS 405/411 new) | 7 | | Sec. 411. Seasonal workers. | 8 | | (a) For weeks of unemployment beginning after January 1, | 9 | | 2012, unemployment benefits based on services by a seasonal | 10 | | worker performed in seasonal employment shall be payable only | 11 | | for weeks of unemployment that occur during the normal seasonal | 12 | | work period. Benefits shall not be paid based on services | 13 | | performed in seasonal employment for any week of unemployment | 14 | | beginning after January 1, 2012 that begins during the period | 15 | | between 2 successive normal seasonal work periods to any | 16 | | individual if that individual performs the service in the first |
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| 1 | | of the normal seasonal work periods and if there is a | 2 | | reasonable assurance that the individual will perform the | 3 | | service for a seasonal employer in the second of the normal | 4 | | seasonal work periods. If benefits are denied to an individual | 5 | | for any week solely as a result of this subsection and the | 6 | | individual is not offered an opportunity to perform in the | 7 | | second normal seasonal work period for which reasonable | 8 | | assurance of employment had been given, the individual is | 9 | | entitled to a retroactive payment of benefits under this | 10 | | subsection for each week that the individual previously filed a | 11 | | timely claim for benefits. | 12 | | (b) Not less than 20 days before the estimated beginning | 13 | | date of a normal seasonal work period, an employer may apply to | 14 | | the Department in writing for designation as a seasonal | 15 | | employer. At the time of application, the employer shall | 16 | | conspicuously display a copy of the application on the | 17 | | employer's premises. Within 90 days after receipt of the | 18 | | application, the Department shall determine if the employer is | 19 | | a seasonal employer. A determination or redetermination of the | 20 | | Department concerning the status of an employer as a seasonal | 21 | | employer or of the courts of this State concerning the status | 22 | | of an employer as a seasonal employer, which has become final, | 23 | | together with the record thereof, may be introduced in any | 24 | | proceeding involving a claim for benefits, and the facts found | 25 | | and decision issued in the determination, redetermination, or | 26 | | decision shall be conclusive unless substantial evidence to the |
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| 1 | | contrary is introduced by or on behalf of the claimant. | 2 | | (c) If the employer is determined to be a seasonal | 3 | | employer, the employer shall conspicuously display on its | 4 | | premises a notice of the determination and the beginning and | 5 | | ending dates of the employer's normal seasonal work periods. | 6 | | The notice shall be furnished by the Department. The notice | 7 | | shall additionally specify that an employee must timely apply | 8 | | for unemployment benefits at the end of a first seasonal work | 9 | | period to preserve his or her right to receive retroactive | 10 | | unemployment benefits in the event that he or she is not | 11 | | reemployed by the seasonal employer in the second of the normal | 12 | | seasonal work periods. | 13 | | (d) The Department may issue a determination terminating an | 14 | | employer's status as a seasonal employer on the Department's | 15 | | own motion for good cause, or upon the written request of the | 16 | | employer. A termination determination under this subdivision | 17 | | terminates an employer's status as a seasonal employer, and | 18 | | shall become effective on the beginning date of the normal | 19 | | seasonal work period that would have immediately followed the | 20 | | date the Department issues the determination. A determination | 21 | | under this subdivision is subject to review in the same manner | 22 | | and to the same extent as any other determination under this | 23 | | Act. | 24 | | (e) An employer whose status as a seasonal employer is | 25 | | terminated under subsection (d) may not reapply for a seasonal | 26 | | employer status determination until after a regularly |
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| 1 | | recurring normal seasonal work period has begun and ended. | 2 | | (f) If a seasonal employer informs an employee who received | 3 | | assurance of being rehired that, despite the assurance, the | 4 | | employee will not be rehired at the beginning of the employer's | 5 | | next normal seasonal work period, this subsection shall not | 6 | | prevent the employee from receiving unemployment benefits in | 7 | | the same manner and to the same extent he or she would receive | 8 | | benefits under this Act from an employer who has not been | 9 | | determined to be a seasonal employer. | 10 | | (g) A successor of a seasonal employer is considered to be | 11 | | a seasonal employer unless the successor provides the | 12 | | Department, within 120 days after the transfer, with a written | 13 | | request for termination of its status as a seasonal employer in | 14 | | accordance with subsection (d). | 15 | | (h) At the time an employee is hired by a seasonal | 16 | | employer, the employer shall notify the employee in writing | 17 | | whether the employee will be a seasonal worker. The employer | 18 | | shall provide the worker with written notice of any subsequent | 19 | | change in the employee's status as a seasonal worker. If an | 20 | | employee of a seasonal employer is denied benefits because that | 21 | | employee is a seasonal worker, the employee may contest that | 22 | | designation in accordance with this Act. | 23 | | (i) As used in this Section: | 24 | | "Normal seasonal work period" means that period or | 25 | | those periods of time determined pursuant to rules | 26 | | promulgated by the Department during which an individual is |
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| 1 | | employed in seasonal employment. | 2 | | "Seasonal employment" means the employment of 1 or more | 3 | | individuals primarily hired to perform services in an | 4 | | industry that does either of the following: | 5 | | (1) Customarily operates during regularly | 6 | | recurring periods of 26 weeks or less in any | 7 | | 52-consecutive-week period. | 8 | | (2) Customarily employs at least 50% of its | 9 | | employees for regularly recurring periods of 26 weeks | 10 | | or less within a period of 52 consecutive weeks. | 11 | | "Seasonal employer" means an employer who applies to | 12 | | the Department for designation as a seasonal employer and | 13 | | who the Department determines to be an employer whose | 14 | | operations and business are substantially engaged in | 15 | | seasonal employment. | 16 | | "Seasonal worker" means a worker who has been paid | 17 | | wages by a seasonal employer for work performed only during | 18 | | the normal seasonal work period. | 19 | | (j) The Department shall adopt rules and regulations as | 20 | | necessary to implement this Section. | 21 | | (k) If this Section is found by the United States | 22 | | Department of Labor to be contrary to the federal Unemployment | 23 | | Tax Act, chapter 23 of the Internal Revenue Code of 1986, 26 | 24 | | U.S.C. 3301 to 3311, or the Social Security Act, chapter 531, | 25 | | 49 Stat. 620, and if conformity with the federal law is | 26 | | required as a condition for full tax credit against the tax |
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| 1 | | imposed under the federal Unemployment Tax Act or as a | 2 | | condition for receipt by the commission of federal | 3 | | administrative grant funds under the social security act, this | 4 | | Section shall be invalid. ".
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