Full Text of SB3494 96th General Assembly
SB3494 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3494
Introduced 2/10/2010, by Sen. John O. Jones SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/211.4 |
from Ch. 48, par. 321.4 |
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Amends the Unemployment Insurance Act. In provisions including certain service performed in agricultural labor in the definition of the
term "employment", excludes service performed in agricultural labor by an individual who is an alien admitted to the
United States to perform service in agricultural labor pursuant to
Sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality
Act.
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A BILL FOR
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SB3494 |
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LRB096 20512 WGH 36193 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unemployment Insurance Act is amended by | 5 |
| changing Section 211.4 as follows:
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| (820 ILCS 405/211.4) (from Ch. 48, par. 321.4)
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| Sec. 211.4. A. Notwithstanding any other provision of this | 8 |
| Act, the
term "employment" shall include service performed | 9 |
| after December 31,
1977, by an individual in agricultural labor | 10 |
| as defined in Section 214
when:
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| 1. Such service is performed for an employing unit which | 12 |
| (a) paid
cash wages of $20,000 or more during any calendar | 13 |
| quarter in either the
current or preceding calendar year to an | 14 |
| individual or individuals
employed in agricultural labor (not | 15 |
| taking into account service in
agricultural labor performed | 16 |
| before January 1, 1980, by an alien
referred to in paragraph | 17 |
| 2); or (b) employed in agricultural labor (not
taking into | 18 |
| account service in agricultural labor performed before
January | 19 |
| 1, 1980, by an alien referred to in paragraph 2) 10 or more
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| individuals within each of 20 or more calendar weeks (but not
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| necessarily simultaneously and irrespective of whether the | 22 |
| same
individuals are or were employed in each such week), | 23 |
| whether or not such
weeks are or were consecutive, within |
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SB3494 |
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LRB096 20512 WGH 36193 b |
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| either the current or preceding
calendar year.
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| 2. Such service is not performed in agricultural labor if | 3 |
| performed
before January 1, 1980 or on or after the effective | 4 |
| date of this amendatory Act of the 96th General Assembly , by an | 5 |
| individual who is an alien admitted to the
United States to | 6 |
| perform service in agricultural labor pursuant to
Sections | 7 |
| 214(c) and 101(a)(15)(H) of the Immigration and Nationality
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| Act.
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| B. For the purposes of this Section, any individual who is | 10 |
| a member
of a crew furnished by a crew leader to perform | 11 |
| service in agricultural
labor for any other employing unit | 12 |
| shall be treated as performing
service in the employ of such | 13 |
| crew leader if (1) the leader holds a
valid certificate of | 14 |
| registration under the Farm Labor Contractor
Registration Act | 15 |
| of 1963, or substantially all the members of such crew
operate | 16 |
| or maintain tractors, mechanized harvesting or crop dusting
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| equipment, or any other mechanized equipment, which is provided | 18 |
| by the
crew leader; and (2) the service of such individual is | 19 |
| not in employment
for such other employing unit within the | 20 |
| meaning of subsections A and C
of Section 212, and of Section | 21 |
| 213.
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| C. For the purposes of this Section, any individual who is | 23 |
| furnished
by a crew leader to perform service in agricultural | 24 |
| labor for any other
employing unit, and who is not treated as | 25 |
| performing service in the
employ of such crew leader under | 26 |
| subsection B, shall be treated as
performing service in the |
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| employ of such other employing unit, and such
employing unit | 2 |
| shall be treated as having paid cash wages to such
individual | 3 |
| in an amount equal to the amount of cash wages paid to the
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| individual by the crew leader (either on his own behalf or on | 5 |
| behalf of
such other employing unit) for the service in | 6 |
| agricultural labor
performed for such other employing unit.
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| D. For the purposes of this Section, the term "crew leader" | 8 |
| means an
individual who (1) furnishes individuals to perform | 9 |
| service in
agricultural labor for any other employing unit; (2) | 10 |
| pays (either on his
own behalf or on behalf of such other | 11 |
| employing unit) the individuals so
furnished by him for the | 12 |
| service in agricultural labor performed by
them; and (3) has | 13 |
| not entered into a written agreement with such other
employing | 14 |
| unit under which an individual so furnished by him is
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| designated as performing services in the employ of such other | 16 |
| employing
unit.
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| (Source: P.A. 80-2dSS-1.)
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