Full Text of SB3031 98th General Assembly
SB3031 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3031 Introduced 2/7/2014, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED: | |
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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| 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 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 | 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;
| 23 | | 2. With respect to the years 1956 through 1971, inclusive, |
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| 1 | | 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;
| 7 | | 3. With respect to the years 1972 and thereafter, except as | 8 | | provided
in subsection K and in Section 301, any employing unit
| 9 | | 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;
| 17 | | 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;
| 20 | | 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;
| 25 | | 6. With respect to the years 1978 and thereafter, any | 26 | | employing unit for
which service in agricultural labor is |
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| 1 | | performed in employment as defined
in Section 211.4, except as | 2 | | provided in subsection K and in Section 301;
| 3 | | 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;
| 7 | | C. Any individual or employing unit which succeeded to the
| 8 | | 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;
| 16 | | 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
| 23 | | involved 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
| 6 | | organization, trade, or business, or to any of the assets of a
| 7 | | 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
| 14 | | employer under subsections A or B of this Section;
| 15 | | For the purposes of this subsection, the term "predecessor | 16 | | unit"
shall include any distinct severable portion of an | 17 | | employing unit.
| 18 | | 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
| 26 | | employer under subsections A or B of this Section;
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| 1 | | G. Any employing unit which, having become an employer | 2 | | under
subsections A, B, C, D, E, or F of this Section, has not, | 3 | | under Section
301, ceased to be an employer;
| 4 | | 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;
| 7 | | I. Any employing unit which is an employer under Section | 8 | | 245;
| 9 | | 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
| 12 | | 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.
| 15 | | 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
| 26 | | subsection B.
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| 1 | | (Source: P.A. 92-555, eff. 6-24-02.)
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