Full Text of HB6081 99th General Assembly
HB6081 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6081 Introduced 2/11/2016, by Rep. Tom Demmer SYNOPSIS AS INTRODUCED: |
| 820 ILCS 405/211.4 | from Ch. 48, par. 321.4 | 820 ILCS 405/212 | from Ch. 48, par. 322 |
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Amends the Unemployment Insurance Act. Provides that services performed for an employing unit shall be deemed to be employment unless proved by judicial precedent or a formal ruling from the Internal Revenue Service that the services do not constitute employment or unless proved in proceeding that the services do not constitute employment under the Federal Unemployment Tax Act. Provides that the changes made by this amendatory Act become operative on the January 1 immediately after certain bond obligations have been reduced to zero. Effective immediately.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unemployment Insurance Act is amended by | 5 | | changing Sections 211.4 and 212 as follows:
| 6 | | (820 ILCS 405/211.4) (from Ch. 48, par. 321.4)
| 7 | | Sec. 211.4. A. Notwithstanding any other provision of this | 8 | | Act, the
term "employment" shall include service performed | 9 | | after December 31,
1977, by an individual in agricultural labor | 10 | | as defined in Section 214
when:
| 11 | | 1. Such service is performed for an employing unit | 12 | | which (a) paid
cash wages of $20,000 or more during any | 13 | | calendar quarter in either the
current or preceding | 14 | | calendar year to an individual or individuals
employed in | 15 | | agricultural labor (not taking into account service in
| 16 | | agricultural labor performed before January 1, 1980, by an | 17 | | alien
referred to in paragraph 2); or (b) employed in | 18 | | agricultural labor (not
taking into account service in | 19 | | agricultural labor performed before
January 1, 1980, by an | 20 | | alien referred to in paragraph 2) 10 or more
individuals | 21 | | within each of 20 or more calendar weeks (but not
| 22 | | necessarily simultaneously and irrespective of whether the | 23 | | same
individuals are or were employed in each such week), |
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| 1 | | whether or not such
weeks are or were consecutive, within | 2 | | either the current or preceding
calendar year.
| 3 | | 2. Such service is not performed in agricultural labor | 4 | | if performed
before January 1, 1980 or on or after the | 5 | | effective date of this amendatory Act of the 96th General | 6 | | Assembly, by an individual who is an alien admitted to the
| 7 | | United States to perform service in agricultural labor | 8 | | pursuant to
Sections 214(c) and 101(a)(15)(H) of the | 9 | | Immigration and Nationality
Act.
| 10 | | B. For the purposes of this Section, any individual who is | 11 | | a member
of a crew furnished by a crew leader to perform | 12 | | service in agricultural
labor for any other employing unit | 13 | | shall be treated as performing
service in the employ of such | 14 | | crew leader if (1) the leader holds a
valid certificate of | 15 | | registration under the Farm Labor Contractor
Registration Act | 16 | | of 1963, or substantially all the members of such crew
operate | 17 | | or maintain tractors, mechanized harvesting or crop dusting
| 18 | | equipment, or any other mechanized equipment, which is provided | 19 | | by the
crew leader; and (2) the service of such individual is | 20 | | not in employment
for such other employing unit within the | 21 | | meaning of subsections A and C
of Section 212, and of Section | 22 | | 213.
| 23 | | C. For the purposes of this Section, any individual who is | 24 | | furnished
by a crew leader to perform service in agricultural | 25 | | labor for any other
employing unit, and who is not treated as | 26 | | performing service in the
employ of such crew leader under |
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| 1 | | subsection B, shall be treated as
performing service in the | 2 | | employ of such other employing unit, and such
employing unit | 3 | | shall be treated as having paid cash wages to such
individual | 4 | | in an amount equal to the amount of cash wages paid to the
| 5 | | individual by the crew leader (either on his own behalf or on | 6 | | behalf of
such other employing unit) for the service in | 7 | | agricultural labor
performed for such other employing unit.
| 8 | | D. For the purposes of this Section, the term "crew leader" | 9 | | means an
individual who (1) furnishes individuals to perform | 10 | | service in
agricultural labor for any other employing unit; (2) | 11 | | pays (either on his
own behalf or on behalf of such other | 12 | | employing unit) the individuals so
furnished by him for the | 13 | | service in agricultural labor performed by
them; and (3) has | 14 | | not entered into a written agreement with such other
employing | 15 | | unit under which an individual so furnished by him is
| 16 | | designated as performing services in the employ of such other | 17 | | employing
unit.
| 18 | | (Source: P.A. 96-1208, eff. 1-1-11.)
| 19 | | (820 ILCS 405/212) (from Ch. 48, par. 322)
| 20 | | Sec. 212. Service deemed employment. Before the changes | 21 | | made to this Section by this amendatory Act of the 99th General | 22 | | Assembly become operative, service Service performed by an | 23 | | individual for an employing unit, whether
or not such | 24 | | individual employs others in connection with the performance of
| 25 | | such services, shall be deemed to be employment unless and |
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| 1 | | until it is
proven in any proceeding where such issue is | 2 | | involved that--
| 3 | | A. Such individual has been and will continue to be free | 4 | | from control or
direction over the performance of such | 5 | | services, both under his contract of
service and in fact; and
| 6 | | B. Such service is either outside the usual course of the | 7 | | business for
which such service is performed or that such | 8 | | service is performed outside
of all the places of business of | 9 | | the enterprise for which such service is
performed; and
| 10 | | C. Such individual is engaged in an independently | 11 | | established trade,
occupation, profession, or business.
| 12 | | After the changes made to this Section by this amendatory | 13 | | Act of the 99th General Assembly become operative, services | 14 | | performed by an individual for an employing unit shall be | 15 | | deemed to be employment unless and until it is
proven in any | 16 | | proceeding where such issue is involved that either: | 17 | | (1) judicial precedent or a formal revenue ruling from | 18 | | the Internal Revenue Service specifically relating to the | 19 | | employing unit has expressly held the services do not | 20 | | constitute employment under the Federal Unemployment Tax | 21 | | Act if the judicial precedent or revenue ruling has not | 22 | | been reversed of otherwise overturned; or | 23 | | (2) the services would not be determined to constitute | 24 | | employment under the Federal Unemployment Tax Act. | 25 | | In applying items (1) and (2), control or direction, or the | 26 | | right to control or direct, that is required because of any |
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| 1 | | provision of law, rule, or regulation governing the | 2 | | organization, trade, or business of the employing unit shall | 3 | | not be considered. | 4 | | Items (1) and (2) do not apply to services that are | 5 | | required to be covered as a condition of approval of this Act | 6 | | by the United States Secretary of Labor under Section | 7 | | 3304(a)(6)(A) of the Federal Unemployment Tax Act. | 8 | | The changes to this Section by this amendatory Act of the | 9 | | 99th General Assembly shall become operative on the January 1 | 10 | | immediately following the date on which all bond obligations | 11 | | outstanding as of the effective date of this amendatory Act of | 12 | | the 99th General Assembly have been reduced to zero. | 13 | | (Source: Laws 1951, p. 32.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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