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91_HB3773eng HB3773 Engrossed LRB9111073WHtm 1 AN ACT to amend the Unemployment Insurance Act by 2 changing Section 205. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unemployment Insurance Act is amended by 6 changing Section 205 as follows: 7 (820 ILCS 405/205) (from Ch. 48, par. 315) 8 Sec. 205. "Employer" means: 9 A. With respect to the years 1937, 1938, and 1939, any 10 employing unit which has or had in employment 8eightor more 11 individuals on some portion of a day, but not necessarily 12 simultaneously, and irrespective of whether the same 13 individuals are or were employed on each such day within each 14 of twenty or more calendar weeks, whether or not such weeks 15 are or were consecutive, within either the current or 16 preceding calendar year; 17 B. 1. With respect to the years 1940 through 1955, 18 inclusive, any employing unit which has or had in employment 19 six or more individuals within each of twenty or more 20 calendar weeks (but not necessarily simultaneously and 21 irrespective of whether the same individuals are or were 22 employed in each such week), whether or not such weeks are or 23 were consecutive, within either the current or preceding 24 calendar year; 25 2. With respect to the years 1956 through 1971, 26 inclusive, any employing unit which has or had in employment 27 four or more individuals within each of twenty or more 28 calendar weeks (but not necessarily simultaneously and 29 irrespective of whether the same individuals are or were 30 employed in each such week), whether or not such weeks are or 31 were consecutive, within either the current or preceding HB3773 Engrossed -2- LRB9111073WHtm 1 calendar year; 2 3. With respect to the years 1972 and thereafter, except 3 as provided in subsection K and in Section 301, any employing 4 unit which (1) pays or paid, for services in employment, 5 wages of at least $1500 within any calendar quarter in either 6 the current or preceding calendar year; or (2) has or had in 7 employment at least one individual on some portion of a day, 8 irrespective of whether the same individual is or was 9 employed on each such day, within each of twenty or more 10 calendar weeks, whether or not such weeks are or were 11 consecutive, within either the current or preceding calendar 12 year; 13 4. With respect to the years 1972 and thereafter, any 14 nonprofit organization as defined in Section 211.2, except as 15 provided in subsection K and in Section 301; 16 5. With respect to the years 1972 and thereafter, the 17 State of Illinois and each of its instrumentalities; and with 18 respect to the years 1978 and thereafter, each governmental 19 entity referred to in clause (B) of Section 211.1, except as 20 provided in Section 301; 21 6. With respect to the years 1978 and thereafter, any 22 employing unit for which service in agricultural labor is 23 performed in employment as defined in Section 211.4, except 24 as provided in subsection K and in Section 301; 25 7. With respect to the years 1978 and thereafter, any 26 employing unit for which domestic service is performed in 27 employment as defined in Section 211.5, except as provided in 28 subsection K and in Section 301; 29 C. Any individual or employing unit which succeeded to 30 the organization, trade, or business of another employing 31 unit which at the time of such succession was an employer, 32 and any individual or employing unit which succeeded to the 33 organization, trade, or business of any distinct severable 34 portion of another employing unit, which portion, if treated HB3773 Engrossed -3- LRB9111073WHtm 1 as a separate employing unit, would have been, at the time of 2 the succession, an employer under subsections A or B of this 3 Section; 4 D. Any individual or employing unit which succeeded to 5 any of the assets of an employer or to any of the assets of a 6 distinct severable portion thereof, if such portion, when 7 treated as a separate employing unit would be an employer 8 under subsections A or B of this Section, by any means 9 whatever, otherwise than in the ordinary course of business, 10 unless and until it is proven in any proceeding where such 11 issue is involved that all of the following exist: 12 1. The successor unit has not assumed a substantial 13 amount of the predecessor unit's obligations; and 14 2. The successor unit has not acquired a 15 substantial amount of the predecessor unit's good will; 16 and 17 3. The successor unit has not continued or resumed 18 a substantial part of the business of the predecessor 19 unit in the same establishment; 20 E. Any individual or employing unit which succeeded to 21 the organization, trade, or business, or to any of the assets 22 of a predecessor unit (unless and until it is proven in any 23 proceeding where such issue is involved that all the 24 conditions enumerated in subsection D of this Section exist), 25 if the experience of the successor unit subsequent to such 26 succession plus the experience of the predecessor unit prior 27 to such succession, both within the same calendar year, would 28 equal the experience necessary to constitute an employing 29 unit an employer under subsections A or B of this Section; 30 For the purposes of this subsection, the term 31 "predecessor unit" shall include any distinct severable 32 portion of an employing unit. 33 F. With respect to the years 1937 through 1955, 34 inclusive, any employing unit which together with one or more HB3773 Engrossed -4- LRB9111073WHtm 1 other employing units is owned or controlled, directly or 2 indirectly, by legally enforceable means or otherwise, by the 3 same interests, or which owns or controls one or more other 4 employing units directly or indirectly, by legally 5 enforceable means or otherwise, and which if treated as a 6 single unit with such other employing units or interests or 7 both would be an employer under subsections A or B of this 8 Section; 9 G. Any employing unit which, having become an employer 10 under subsections A, B, C, D, E, or F of this Section, has 11 not, under Section 301, ceased to be an employer; 12 H. For the effective period of its election pursuant to 13 Section 302, any other employing unit which has elected to 14 become fully subject to this Act; 15 I. Any employing unit which is an employer under Section 16 245; or 17 J. Any employing unit which, having become an employer 18 under Section 245, has not, with respect to the year 1960 or 19 thereafter, ceased to be an employer under Section 301. 20 K. In determining whether or not an employing unit for 21 which service other than domestic service is also performed 22 is an employer under paragraphs 3, 4, or 6 of subsection B, 23 the domestic service of an individual and the wages paid 24 therefor shall not be taken into account. In determining 25 whether or not an employing unit for which service other than 26 agricultural labor is also performed is an employer under 27 paragraphs 4 or 7 of subsection B, the service of an 28 individual in agricultural labor and the wages paid therefor 29 shall not be taken into account. An employing unit which is 30 an employer under paragraph 6 of subsection B is an employer 31 under paragraph 3 of subsection B. 32 (Source: P.A. 87-1178.)