Full Text of HB1395 95th General Assembly
HB1395 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1395
Introduced 2/21/2007, by Rep. John D'Amico SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/205 |
from Ch. 48, par. 315 |
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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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HB1395 |
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LRB095 08621 WGH 28804 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Unemployment Insurance Act is amended by | 5 |
| changing Section 205 as follows:
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| (820 ILCS 405/205) (from Ch. 48, par. 315)
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| Sec. 205. "Employer" means:
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| A. With respect to the
the years 1937, 1938, and 1939, any | 9 |
| employing
unit which has or had in employment 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
are | 14 |
| or were consecutive, within either the current or preceding | 15 |
| 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 calendar | 19 |
| weeks (but not necessarily
simultaneously and irrespective of | 20 |
| whether the same individuals are or
were employed in each such | 21 |
| week), whether or not such weeks are or were
consecutive, | 22 |
| within either the current or preceding calendar year;
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| 2. With respect to the years 1956 through 1971, inclusive, |
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| any
employing unit which has or had in employment four or more | 2 |
| individuals
within each of twenty or more calendar weeks (but | 3 |
| not necessarily
simultaneously and irrespective of whether the | 4 |
| same individuals are or
were employed in each such week), | 5 |
| whether or not such weeks are or were
consecutive, within | 6 |
| either the current or preceding calendar year;
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| 3. With respect to the years 1972 and thereafter, except as | 8 |
| provided
in subsection K and in Section 301, any employing unit
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| which (1) pays or paid, for services in employment, wages of at | 10 |
| least
$1500 within any calendar quarter in either the current | 11 |
| or preceding
calendar year; or (2) has or had in employment at | 12 |
| least one individual
on some portion of a day, irrespective of | 13 |
| whether the same individual is
or was employed on each such | 14 |
| day, within each of twenty or more calendar
weeks, whether or | 15 |
| not such weeks are or were consecutive, within either
the | 16 |
| current or preceding calendar year;
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| 4. With respect to the years 1972 and thereafter, any | 18 |
| nonprofit
organization as defined in Section 211.2, except as | 19 |
| provided in subsection
K and in Section 301;
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| 5. With respect to the years 1972 and thereafter, the State | 21 |
| of
Illinois and each of its instrumentalities; and with respect | 22 |
| to the years
1978 and thereafter, each governmental entity | 23 |
| referred to in clause (B) of
Section 211.1, except as provided | 24 |
| in Section 301;
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| 6. With respect to the years 1978 and thereafter, any | 26 |
| employing unit for
which service in agricultural labor is |
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| performed in employment as defined
in Section 211.4, except as | 2 |
| provided in subsection K and in Section 301;
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| 7. With respect to the years 1978 and thereafter, any | 4 |
| employing unit for
which domestic service is performed in | 5 |
| employment as defined in Section
211.5, except as provided in | 6 |
| subsection K and in Section 301;
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| C. Any individual or employing unit which succeeded to the
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| organization, trade, or business of another employing unit | 9 |
| which at the
time of such succession was an employer, and any | 10 |
| individual or employing
unit which succeeded to the | 11 |
| organization, trade, or business of any
distinct severable | 12 |
| portion of another employing unit, which portion, if
treated as | 13 |
| a separate employing unit, would have been, at the time of
the | 14 |
| succession, an employer under subsections A or B of this | 15 |
| Section;
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| D. Any individual or employing unit which succeeded to any | 17 |
| of the
assets of an employer or to any of the assets of a | 18 |
| distinct severable
portion thereof, if such portion, when | 19 |
| treated as a separate employing
unit would be an employer under | 20 |
| subsections A or B of this Section, by
any means whatever, | 21 |
| otherwise than in the ordinary course of business,
unless and | 22 |
| until it is proven in any proceeding where such issue is
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| involved that all of the following exist:
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| 1. The successor unit has not assumed a substantial | 25 |
| amount of the
predecessor unit's obligations; and
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| 2. The successor unit has not acquired a substantial |
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| amount of the
predecessor unit's good will; and
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| 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;
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| E. Any individual or employing unit which succeeded to the
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| organization, trade, or business, or to any of the assets of a
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| predecessor unit (unless and until it is proven in any | 8 |
| proceeding where
such issue is involved that all the conditions | 9 |
| enumerated in subsection
D of this Section exist), if the | 10 |
| experience of the successor unit
subsequent to such succession | 11 |
| plus the experience of the predecessor
unit prior to such | 12 |
| succession, both within the same calendar year, would
equal the | 13 |
| experience necessary to constitute an employing unit an
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| employer under subsections A or B of this Section;
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| For the purposes of this subsection, the term "predecessor | 16 |
| unit"
shall include any distinct severable portion of an | 17 |
| employing unit.
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| F. With respect to the years 1937 through 1955, inclusive, | 19 |
| any
employing unit which together with one or more other | 20 |
| employing units is
owned or controlled, directly or indirectly, | 21 |
| by legally enforceable
means or otherwise, by the same | 22 |
| interests, or which owns or controls one
or more other | 23 |
| employing units directly or indirectly, by legally
enforceable | 24 |
| means or otherwise, and which if treated as a single unit
with | 25 |
| such other employing units or interests or both would be an
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| employer under subsections A or B of this Section;
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| G. Any employing unit which, having become an employer | 2 |
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subsections A, B, C, D, E, or F of this Section, has not, | 3 |
| under Section
301, ceased to be an employer;
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| H. For the effective period of its election pursuant to | 5 |
| Section 302,
any other employing unit which has elected to | 6 |
| become fully subject to
this Act;
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| I. Any employing unit which is an employer under Section | 8 |
| 245;
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| J. Any employing unit which, having become an employer | 10 |
| under Section
245, has not, with respect to the year 1960 or | 11 |
| thereafter, ceased to be
an employer under Section 301; or
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| J-1. On and after December 21, 2000, any Indian tribe for | 13 |
| which service in
"employment" as defined under this Act is | 14 |
| performed.
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| K. In determining whether or not an employing unit for | 16 |
| which service other
than domestic service is also performed is | 17 |
| an employer under paragraphs
3, 4, or 6 of subsection B, the | 18 |
| domestic service of an individual and the
wages paid therefor | 19 |
| shall not be taken into account. In determining whether
or not | 20 |
| an employing unit for which service other than agricultural | 21 |
| labor
is also performed is an employer under paragraphs 4 or 7 | 22 |
| of subsection B,
the service of an individual in agricultural | 23 |
| labor and the wages paid therefor
shall not be taken into | 24 |
| account. An employing unit which is an employer
under paragraph | 25 |
| 6 of subsection B is an employer under paragraph 3 of
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| subsection B.
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| (Source: P.A. 92-555, eff. 6-24-02.)
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