Illinois General Assembly - Full Text of Public Act 096-1208
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Public Act 096-1208


 

Public Act 1208 96TH GENERAL ASSEMBLY



 


 
Public Act 096-1208
 
SB3494 EnrolledLRB096 20512 WGH 36193 b

    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 211.4 as follows:
 
    (820 ILCS 405/211.4)  (from Ch. 48, par. 321.4)
    Sec. 211.4. A. Notwithstanding any other provision of this
Act, the term "employment" shall include service performed
after December 31, 1977, by an individual in agricultural labor
as defined in Section 214 when:
    1. Such service is performed for an employing unit which
(a) paid cash wages of $20,000 or more during any calendar
quarter in either the current or preceding calendar year to an
individual or individuals employed in agricultural labor (not
taking into account service in agricultural labor performed
before January 1, 1980, by an alien referred to in paragraph
2); or (b) employed in agricultural labor (not taking into
account service in agricultural labor performed before January
1, 1980, by an alien referred to in paragraph 2) 10 or more
individuals within each of 20 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. Such service is not performed in agricultural labor if
performed before January 1, 1980 or on or after the effective
date of this amendatory Act of the 96th General Assembly, 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.
    B. For the purposes of this Section, any individual who is
a member of a crew furnished by a crew leader to perform
service in agricultural labor for any other employing unit
shall be treated as performing service in the employ of such
crew leader if (1) the leader holds a valid certificate of
registration under the Farm Labor Contractor Registration Act
of 1963, or substantially all the members of such crew operate
or maintain tractors, mechanized harvesting or crop dusting
equipment, or any other mechanized equipment, which is provided
by the crew leader; and (2) the service of such individual is
not in employment for such other employing unit within the
meaning of subsections A and C of Section 212, and of Section
213.
    C. For the purposes of this Section, any individual who is
furnished by a crew leader to perform service in agricultural
labor for any other employing unit, and who is not treated as
performing service in the employ of such crew leader under
subsection B, shall be treated as performing service in the
employ of such other employing unit, and such employing unit
shall be treated as having paid cash wages to such individual
in an amount equal to the amount of cash wages paid to the
individual by the crew leader (either on his own behalf or on
behalf of such other employing unit) for the service in
agricultural labor performed for such other employing unit.
    D. For the purposes of this Section, the term "crew leader"
means an individual who (1) furnishes individuals to perform
service in agricultural labor for any other employing unit; (2)
pays (either on his own behalf or on behalf of such other
employing unit) the individuals so furnished by him for the
service in agricultural labor performed by them; and (3) has
not entered into a written agreement with such other employing
unit under which an individual so furnished by him is
designated as performing services in the employ of such other
employing unit.
(Source: P.A. 80-2dSS-1.)

Effective Date: 1/1/2011