SB2243sam001 97TH GENERAL ASSEMBLY

Sen. Chris Lauzen

Filed: 3/10/2011

09700SB2243sam001 LRB097 10350 AEK 51741 a

AMENDMENT TO SENATE BILL 2243

AMENDMENT NO. ______. Amend Senate Bill 2243 by replacing everything after the enacting clause with the following:

"Section 5. The Unemployment Insurance Act is amended by adding Section 411 as follows:

(820 ILCS 405/411 new)

Sec. 411. Seasonal workers.

(a) For weeks of unemployment beginning after January 1, 2012, unemployment benefits based on services by a seasonal worker performed in seasonal employment shall be payable only for weeks of unemployment that occur during the normal seasonal work period. Benefits shall not be paid based on services performed in seasonal employment for any week of unemployment beginning after January 1, 2012 that begins during the period between 2 successive normal seasonal work periods to any individual if that individual performs the service in the first of the normal seasonal work periods and if there is a reasonable assurance that the individual will perform the service for a seasonal employer in the second of the normal seasonal work periods. If benefits are denied to an individual for any week solely as a result of this subsection and the individual is not offered an opportunity to perform in the second normal seasonal work period for which reasonable assurance of employment had been given, the individual is entitled to a retroactive payment of benefits under this subsection for each week that the individual previously filed a timely claim for benefits.

(b) Not less than 20 days before the estimated beginning date of a normal seasonal work period, an employer may apply to the Department in writing for designation as a seasonal employer. At the time of application, the employer shall conspicuously display a copy of the application on the employer's premises. Within 90 days after receipt of the application, the Department shall determine if the employer is a seasonal employer. A determination or redetermination of the Department concerning the status of an employer as a seasonal employer or of the courts of this State concerning the status of an employer as a seasonal employer, which has become final, together with the record thereof, may be introduced in any proceeding involving a claim for benefits, and the facts found and decision issued in the determination, redetermination, or decision shall be conclusive unless substantial evidence to the contrary is introduced by or on behalf of the claimant.

(c) If the employer is determined to be a seasonal employer, the employer shall conspicuously display on its premises a notice of the determination and the beginning and ending dates of the employer's normal seasonal work periods. The notice shall be furnished by the Department. The notice shall additionally specify that an employee must timely apply for unemployment benefits at the end of a first seasonal work period to preserve his or her right to receive retroactive unemployment benefits in the event that he or she is not reemployed by the seasonal employer in the second of the normal seasonal work periods.

(d) The Department may issue a determination terminating an employer's status as a seasonal employer on the Department's own motion for good cause, or upon the written request of the employer. A termination determination under this subdivision terminates an employer's status as a seasonal employer, and shall become effective on the beginning date of the normal seasonal work period that would have immediately followed the date the Department issues the determination. A determination under this subdivision is subject to review in the same manner and to the same extent as any other determination under this Act.

(e) An employer whose status as a seasonal employer is terminated under subsection (d) may not reapply for a seasonal employer status determination until after a regularly recurring normal seasonal work period has begun and ended.

(f) If a seasonal employer informs an employee who received assurance of being rehired that, despite the assurance, the employee will not be rehired at the beginning of the employer's next normal seasonal work period, this subsection shall not prevent the employee from receiving unemployment benefits in the same manner and to the same extent he or she would receive benefits under this Act from an employer who has not been determined to be a seasonal employer.

(g) A successor of a seasonal employer is considered to be a seasonal employer unless the successor provides the Department, within 120 days after the transfer, with a written request for termination of its status as a seasonal employer in accordance with subsection (d).

(h) At the time an employee is hired by a seasonal employer, the employer shall notify the employee in writing whether the employee will be a seasonal worker. The employer shall provide the worker with written notice of any subsequent change in the employee's status as a seasonal worker. If an employee of a seasonal employer is denied benefits because that employee is a seasonal worker, the employee may contest that designation in accordance with this Act.

(i) As used in this Section:

"Normal seasonal work period" means that period or those periods of time determined pursuant to rules promulgated by the Department during which an individual is employed in seasonal employment.

"Seasonal employment" means the employment of 1 or more individuals primarily hired to perform services in an industry that does either of the following:

(1) Customarily operates during regularly recurring periods of 26 weeks or less in any 52-consecutive-week period.

(2) Customarily employs at least 50% of its employees for regularly recurring periods of 26 weeks or less within a period of 52 consecutive weeks.

"Seasonal employer" means an employer who applies to the Department for designation as a seasonal employer and who the Department determines to be an employer whose operations and business are substantially engaged in seasonal employment.

"Seasonal worker" means a worker who has been paid wages by a seasonal employer for work performed only during the normal seasonal work period.

(j) The Department shall adopt rules and regulations as necessary to implement this Section.

(k) If this Section is found by the United States Department of Labor to be contrary to the federal Unemployment Tax Act, chapter 23 of the Internal Revenue Code of 1986, 26 U.S.C. 3301 to 3311, or the Social Security Act, chapter 531, 49 Stat. 620, and if conformity with the federal law is required as a condition for full tax credit against the tax imposed under the federal Unemployment Tax Act or as a condition for receipt by the commission of federal administrative grant funds under the social security act, this Section shall be invalid.".