Bill Text: IL HB3040 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act. Makes a technical change in a Section concerning the definition of "employer".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3040 Detail]

Download: Illinois-2009-HB3040-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3040 Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
820 ILCS 405/205 from Ch. 48, par. 315
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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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unemployment Insurance Act is amended by
changing Section 205 as follows:
(820 ILCS 405/205) (from Ch. 48, par. 315)
Sec. 205. "Employer" means:
A. With respect to the the years 1937, 1938, and 1939, any
employing unit which has or had in employment eight or more
individuals on some portion of a day, but not necessarily
simultaneously, and irrespective of whether the same
individuals are or were employed on each such day within each
of twenty or more calendar weeks, whether or not such weeks are
or were consecutive, within either the current or preceding
calendar year;
B. 1. With respect to the years 1940 through 1955,
inclusive, any employing unit which has or had in employment
six or more individuals within each of twenty or more calendar
weeks (but not necessarily simultaneously and irrespective of
whether the same individuals are or were employed in each such
week), whether or not such weeks are or were consecutive,
within either the current or preceding calendar year;
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
individuals within each of twenty or more calendar weeks (but
not necessarily simultaneously and irrespective of whether the
same individuals are or were employed in each such week),
whether or not such weeks are or were consecutive, within
either the current or preceding calendar year;
3. With respect to the years 1972 and thereafter, except as
provided in subsection K and in Section 301, any employing unit
which (1) pays or paid, for services in employment, wages of at
least $1500 within any calendar quarter in either the current
or preceding calendar year; or (2) has or had in employment at
least one individual on some portion of a day, irrespective of
whether the same individual is or was employed on each such
day, within each of twenty or more calendar weeks, whether or
not such weeks are or were consecutive, within either the
current or preceding calendar year;
4. With respect to the years 1972 and thereafter, any
nonprofit organization as defined in Section 211.2, except as
provided in subsection K and in Section 301;
5. With respect to the years 1972 and thereafter, the State
of Illinois and each of its instrumentalities; and with respect
to the years 1978 and thereafter, each governmental entity
referred to in clause (B) of Section 211.1, except as provided
in Section 301;
6. With respect to the years 1978 and thereafter, any
employing unit for which service in agricultural labor is

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performed in employment as defined in Section 211.4, except as
provided in subsection K and in Section 301;
7. With respect to the years 1978 and thereafter, any
employing unit for which domestic service is performed in
employment as defined in Section 211.5, except as provided in
subsection K and in Section 301;
C. Any individual or employing unit which succeeded to the
organization, trade, or business of another employing unit
which at the time of such succession was an employer, and any
individual or employing unit which succeeded to the
organization, trade, or business of any distinct severable
portion of another employing unit, which portion, if treated as
a separate employing unit, would have been, at the time of the
succession, an employer under subsections A or B of this
Section;
D. Any individual or employing unit which succeeded to any
of the assets of an employer or to any of the assets of a
distinct severable portion thereof, if such portion, when
treated as a separate employing unit would be an employer under
subsections A or B of this Section, by any means whatever,
otherwise than in the ordinary course of business, unless and
until it is proven in any proceeding where such issue is
involved that all of the following exist:
1. The successor unit has not assumed a substantial
amount of the predecessor unit's obligations; and
2. The successor unit has not acquired a substantial

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amount of the predecessor unit's good will; and
3. The successor unit has not continued or resumed a
substantial part of the business of the predecessor unit in
the same establishment;
E. Any individual or employing unit which succeeded to the
organization, trade, or business, or to any of the assets of a
predecessor unit (unless and until it is proven in any
proceeding where such issue is involved that all the conditions
enumerated in subsection D of this Section exist), if the
experience of the successor unit subsequent to such succession
plus the experience of the predecessor unit prior to such
succession, both within the same calendar year, would equal the
experience necessary to constitute an employing unit an
employer under subsections A or B of this Section;
For the purposes of this subsection, the term "predecessor
unit" shall include any distinct severable portion of an
employing unit.
F. With respect to the years 1937 through 1955, inclusive,
any employing unit which together with one or more other
employing units is owned or controlled, directly or indirectly,
by legally enforceable means or otherwise, by the same
interests, or which owns or controls one or more other
employing units directly or indirectly, by legally enforceable
means or otherwise, and which if treated as a single unit with
such other employing units or interests or both would be an
employer under subsections A or B of this Section;

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G. Any employing unit which, having become an employer
under subsections A, B, C, D, E, or F of this Section, has not,
under Section 301, ceased to be an employer;
H. For the effective period of its election pursuant to
Section 302, any other employing unit which has elected to
become fully subject to this Act;
I. Any employing unit which is an employer under Section
245;
J. Any employing unit which, having become an employer
under Section 245, has not, with respect to the year 1960 or
thereafter, ceased to be an employer under Section 301; or
J-1. On and after December 21, 2000, any Indian tribe for
which service in "employment" as defined under this Act is
performed.
K. In determining whether or not an employing unit for
which service other than domestic service is also performed is
an employer under paragraphs 3, 4, or 6 of subsection B, the
domestic service of an individual and the wages paid therefor
shall not be taken into account. In determining whether or not
an employing unit for which service other than agricultural
labor is also performed is an employer under paragraphs 4 or 7
of subsection B, the service of an individual in agricultural
labor and the wages paid therefor shall not be taken into
account. An employing unit which is an employer under paragraph
6 of subsection B is an employer under paragraph 3 of
subsection B.

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(Source: P.A. 92-555, eff. 6-24-02.)