093_SB1664

 
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 1        AN ACT in relation to unemployment insurance.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Unemployment Insurance Act is amended  by
 5    changing 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 years 1937, 1938, and 1939, any
 9    employing unit which has or had in employment 8 eight or more
10    individuals on some portion of a  day,  but  not  necessarily
11    simultaneously,   and   irrespective   of  whether  the  same
12    individuals are or were employed on each such day within each
13    of twenty or more calendar weeks, whether or not  such  weeks
14    are  or  were  consecutive,  within  either  the  current  or
15    preceding calendar year;
16        B.  1.  With  respect  to  the  years  1940 through 1955,
17    inclusive, any employing unit which has or had in  employment
18    six  or  more  individuals  within  each  of  twenty  or more
19    calendar  weeks  (but  not  necessarily  simultaneously   and
20    irrespective  of  whether  the  same  individuals are or were
21    employed in each such week), whether or not such weeks are or
22    were consecutive, within  either  the  current  or  preceding
23    calendar year;
24        2.  With   respect   to  the  years  1956  through  1971,
25    inclusive, any employing unit which has or had in  employment
26    four  or  more  individuals  within  each  of  twenty or more
27    calendar  weeks  (but  not  necessarily  simultaneously   and
28    irrespective  of  whether  the  same  individuals are or were
29    employed in each such week), whether or not such weeks are or
30    were consecutive, within  either  the  current  or  preceding
31    calendar year;
 
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 1        3.  With respect to the years 1972 and thereafter, except
 2    as provided in subsection K and in Section 301, any employing
 3    unit  which  (1)  pays  or  paid, for services in employment,
 4    wages of at least $1500 within any calendar quarter in either
 5    the current or preceding calendar year; or (2) has or had  in
 6    employment  at least one individual on some portion of a day,
 7    irrespective  of  whether  the  same  individual  is  or  was
 8    employed on each such day, within  each  of  twenty  or  more
 9    calendar  weeks,  whether  or  not  such  weeks  are  or were
10    consecutive, within either the current or preceding  calendar
11    year;
12        4.  With  respect  to  the years 1972 and thereafter, any
13    nonprofit organization as defined in Section 211.2, except as
14    provided in subsection K and in Section 301;
15        5.  With respect to the years 1972  and  thereafter,  the
16    State of Illinois and each of its instrumentalities; and with
17    respect  to  the years 1978 and thereafter, each governmental
18    entity referred to in clause (B) of Section 211.1, except  as
19    provided in Section 301;
20        6.  With  respect  to  the years 1978 and thereafter, any
21    employing unit for which service  in  agricultural  labor  is
22    performed  in  employment as defined in Section 211.4, except
23    as provided in subsection K and in Section 301;
24        7.  With respect to the years 1978  and  thereafter,  any
25    employing  unit  for  which  domestic service is performed in
26    employment as defined in Section 211.5, except as provided in
27    subsection K and in Section 301;
28        C.  Any individual or employing unit which  succeeded  to
29    the  organization,  trade,  or  business of another employing
30    unit which at the time of such succession  was  an  employer,
31    and  any  individual or employing unit which succeeded to the
32    organization, trade, or business of  any  distinct  severable
33    portion  of another employing unit, which portion, if treated
34    as a separate employing unit, would have been, at the time of
 
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 1    the succession, an employer under subsections A or B of  this
 2    Section;
 3        D.  Any  individual  or employing unit which succeeded to
 4    any of the assets of an employer or to any of the assets of a
 5    distinct severable portion thereof,  if  such  portion,  when
 6    treated  as  a  separate  employing unit would be an employer
 7    under subsections A or  B  of  this  Section,  by  any  means
 8    whatever,  otherwise than in the ordinary course of business,
 9    unless and until it is proven in any  proceeding  where  such
10    issue is involved that all of the following exist:
11             1.  The successor unit has not assumed a substantial
12        amount of the predecessor unit's obligations; and
13             2.  The   successor   unit   has   not   acquired  a
14        substantial amount of the predecessor unit's  good  will;
15        and
16             3.  The  successor unit has not continued or resumed
17        a substantial part of the  business  of  the  predecessor
18        unit in the same establishment;
19        E.  Any  individual  or employing unit which succeeded to
20    the organization, trade, or business, or to any of the assets
21    of a predecessor unit (unless and until it is proven  in  any
22    proceeding   where  such  issue  is  involved  that  all  the
23    conditions enumerated in subsection D of this Section exist),
24    if the experience of the successor unit  subsequent  to  such
25    succession  plus the experience of the predecessor unit prior
26    to such succession, both within the same calendar year, would
27    equal the experience necessary  to  constitute  an  employing
28    unit an employer under subsections A or B of this Section;
29        For   the   purposes   of   this   subsection,  the  term
30    "predecessor  unit"  shall  include  any  distinct  severable
31    portion of an employing unit.
32        F.  With  respect  to  the  years  1937   through   1955,
33    inclusive, any employing unit which together with one or more
34    other  employing  units  is  owned or controlled, directly or
 
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 1    indirectly, by legally enforceable means or otherwise, by the
 2    same interests, or which owns or controls one or  more  other
 3    employing   units   directly   or   indirectly,   by  legally
 4    enforceable means or otherwise, and which  if  treated  as  a
 5    single  unit  with such other employing units or interests or
 6    both would be an employer under subsections A or  B  of  this
 7    Section;
 8        G.  Any  employing  unit which, having become an employer
 9    under subsections A, B, C, D, E, or F of  this  Section,  has
10    not, under Section 301, ceased to be an employer;
11        H.  For  the effective period of its election pursuant to
12    Section 302, any other employing unit which  has  elected  to
13    become fully subject to this Act;
14        I.  Any employing unit which is an employer under Section
15    245;
16        J.  Any  employing  unit which, having become an employer
17    under Section 245, has not, with respect to the year 1960  or
18    thereafter, ceased to be an employer under Section 301; or
19        J-1.  On  and  after  December 21, 2000, any Indian tribe
20    for which service in "employment" as defined under  this  Act
21    is performed.
22        K.  In  determining  whether or not an employing unit for
23    which service other than domestic service is  also  performed
24    is  an  employer under paragraphs 3, 4, or 6 of subsection B,
25    the domestic service of an  individual  and  the  wages  paid
26    therefor  shall  not  be  taken  into account. In determining
27    whether or not an employing unit for which service other than
28    agricultural labor is also performed  is  an  employer  under
29    paragraphs  4  or  7  of  subsection  B,  the  service  of an
30    individual in agricultural labor and the wages paid  therefor
31    shall  not  be taken into account. An employing unit which is
32    an employer under paragraph 6 of subsection B is an  employer
33    under paragraph 3 of subsection B.
34    (Source: P.A. 92-555, eff. 6-24-02.)