HB4562 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4562

 

Introduced , by Rep. Peter Breen

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/204  from Ch. 48, par. 314
820 ILCS 405/205  from Ch. 48, par. 315

    Amends the Unemployment Insurance Act. Removes from the scope of the Act employing units with fewer than 2 employees. Effective immediately.


LRB100 18018 JLS 33206 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4562LRB100 18018 JLS 33206 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Sections 204 and 205 as follows:
 
6    (820 ILCS 405/204)  (from Ch. 48, par. 314)
7    Sec. 204. "Employing unit" means any individual or type of
8organization, including the State of Illinois, each of its
9political subdivisions and municipal corporations, and each
10instrumentality of any one or more of the foregoing; and any
11partnership, association, trust, estate, joint-stock company,
12insurance company, or corporation, whether domestic or
13foreign, or the receiver, trustee in bankruptcy, trustee or
14successor thereof, or the legal representative of a deceased
15person, which has or subsequent to January 1, 1936, had in its
16employ 2 one or more individuals performing services for it
17within this State. All individuals performing services within
18this State for any employing unit which maintains two or more
19separate establishments within this State shall be deemed to be
20employed by a single employing unit for all purposes of this
21Act.
22    A talent or modeling agency that is licensed under the
23Private Employment Agency Act is not the employing unit with

 

 

HB4562- 2 -LRB100 18018 JLS 33206 b

1respect to the performance of services for which an individual
2has been referred by the agency.
3(Source: P.A. 89-649, eff. 8-9-96.)
 
4    (820 ILCS 405/205)  (from Ch. 48, par. 315)
5    Sec. 205. "Employer" means:
6    A. With respect to the years 1937, 1938, and 1939, any
7employing unit which has or had in employment eight or more
8individuals on some portion of a day, but not necessarily
9simultaneously, and irrespective of whether the same
10individuals are or were employed on each such day within each
11of twenty or more calendar weeks, whether or not such weeks are
12or were consecutive, within either the current or preceding
13calendar year;
14    B.  1. With respect to the years 1940 through 1955,
15inclusive, any employing unit which has or had in employment
16six or more individuals within each of twenty or more calendar
17weeks (but not necessarily simultaneously and irrespective of
18whether the same individuals are or were employed in each such
19week), whether or not such weeks are or were consecutive,
20within either the current or preceding calendar year;
21    2. With respect to the years 1956 through 1971, inclusive,
22any employing unit which has or had in employment four or more
23individuals within each of twenty or more calendar weeks (but
24not necessarily simultaneously and irrespective of whether the
25same individuals are or were employed in each such week),

 

 

HB4562- 3 -LRB100 18018 JLS 33206 b

1whether or not such weeks are or were consecutive, within
2either the current or preceding calendar year;
3    3. With respect to the years 1972 and thereafter, except as
4provided in subsection K and in Section 301, any employing unit
5which (1) pays or paid, for services in employment, wages of at
6least $1500 within any calendar quarter in either the current
7or preceding calendar year; or (2) has or had in employment at
8least 2 individuals one individual on some portion of a day,
9irrespective of whether the same individual is or was employed
10on each such day, within each of twenty or more calendar weeks,
11whether or not such weeks are or were consecutive, within
12either the current or preceding calendar year;
13    4. With respect to the years 1972 and thereafter, any
14nonprofit organization as defined in Section 211.2, except as
15provided in subsection K and in Section 301;
16    5. With respect to the years 1972 and thereafter, the State
17of Illinois and each of its instrumentalities; and with respect
18to the years 1978 and thereafter, each governmental entity
19referred to in clause (B) of Section 211.1, except as provided
20in Section 301;
21    6. With respect to the years 1978 and thereafter, any
22employing unit for which service in agricultural labor is
23performed in employment as defined in Section 211.4, except as
24provided in subsection K and in Section 301;
25    7. With respect to the years 1978 and thereafter, any
26employing unit for which domestic service is performed in

 

 

HB4562- 4 -LRB100 18018 JLS 33206 b

1employment as defined in Section 211.5, except as provided in
2subsection K and in Section 301;
3    C. Any individual or employing unit which succeeded to the
4organization, trade, or business of another employing unit
5which at the time of such succession was an employer, and any
6individual or employing unit which succeeded to the
7organization, trade, or business of any distinct severable
8portion of another employing unit, which portion, if treated as
9a separate employing unit, would have been, at the time of the
10succession, an employer under subsections A or B of this
11Section;
12    D. Any individual or employing unit which succeeded to any
13of the assets of an employer or to any of the assets of a
14distinct severable portion thereof, if such portion, when
15treated as a separate employing unit would be an employer under
16subsections A or B of this Section, by any means whatever,
17otherwise than in the ordinary course of business, unless and
18until it is proven in any proceeding where such issue is
19involved that all of the following exist:
20        1. The successor unit has not assumed a substantial
21    amount of the predecessor unit's obligations; and
22        2. The successor unit has not acquired a substantial
23    amount of the predecessor unit's good will; and
24        3. The successor unit has not continued or resumed a
25    substantial part of the business of the predecessor unit in
26    the same establishment;

 

 

HB4562- 5 -LRB100 18018 JLS 33206 b

1    E. Any individual or employing unit which succeeded to the
2organization, trade, or business, or to any of the assets of a
3predecessor unit (unless and until it is proven in any
4proceeding where such issue is involved that all the conditions
5enumerated in subsection D of this Section exist), if the
6experience of the successor unit subsequent to such succession
7plus the experience of the predecessor unit prior to such
8succession, both within the same calendar year, would equal the
9experience necessary to constitute an employing unit an
10employer under subsections A or B of this Section;
11    For the purposes of this subsection, the term "predecessor
12unit" shall include any distinct severable portion of an
13employing unit.
14    F. With respect to the years 1937 through 1955, inclusive,
15any employing unit which together with one or more other
16employing units is owned or controlled, directly or indirectly,
17by legally enforceable means or otherwise, by the same
18interests, or which owns or controls one or more other
19employing units directly or indirectly, by legally enforceable
20means or otherwise, and which if treated as a single unit with
21such other employing units or interests or both would be an
22employer under subsections A or B of this Section;
23    G. Any employing unit which, having become an employer
24under subsections A, B, C, D, E, or F of this Section, has not,
25under Section 301, ceased to be an employer;
26    H. For the effective period of its election pursuant to

 

 

HB4562- 6 -LRB100 18018 JLS 33206 b

1Section 302, any other employing unit which has elected to
2become fully subject to this Act;
3    I. Any employing unit which is an employer under Section
4245;
5    J. Any employing unit which, having become an employer
6under Section 245, has not, with respect to the year 1960 or
7thereafter, ceased to be an employer under Section 301; or
8    J-1. On and after December 21, 2000, any Indian tribe for
9which service in "employment" as defined under this Act is
10performed.
11    K. In determining whether or not an employing unit for
12which service other than domestic service is also performed is
13an employer under paragraphs 3, 4, or 6 of subsection B, the
14domestic service of an individual and the wages paid therefor
15shall not be taken into account. In determining whether or not
16an employing unit for which service other than agricultural
17labor is also performed is an employer under paragraphs 4 or 7
18of subsection B, the service of an individual in agricultural
19labor and the wages paid therefor shall not be taken into
20account. An employing unit which is an employer under paragraph
216 of subsection B is an employer under paragraph 3 of
22subsection B.
23(Source: P.A. 92-555, eff. 6-24-02.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.