96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2471

 

Introduced 10/14/2009, by Sen. Larry K. Bomke

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/220   from Ch. 48, par. 330

    Amends the Unemployment Insurance Act. Provides that the term "employment" shall not include service performed by a worker serving on a temporary basis regardless of the amount of days worked by the temporary worker. Provides that a worker shall be deemed to serve on a temporary basis if the worker is hired to replace a full-time employee for a limited period of time with the expectation by the employer and temporary worker that the full-time employee shall return to work after such limited period of time.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unemployment Insurance Act is amended by
5 changing Section 220 as follows:
 
6     (820 ILCS 405/220)  (from Ch. 48, par. 330)
7     Sec. 220. A. The term "employment" shall not include
8 service performed prior to 1972 in the employ of this State, or
9 of any political subdivision thereof, or of any wholly owned
10 instrumentality of this State or its political subdivisions.
11     B. The term "employment" shall not include service,
12 performed after 1971 and before 1978, in the employ of this
13 State or any of its instrumentalities:
14         1. In an elective position;
15         2. Of a professional or consulting nature, compensated
16     on a per diem or retainer basis;
17         3. For a State prison or other State correctional
18     institution, by an inmate of the prison or correctional
19     institution;
20         4. As part of an unemployment work-relief or
21     work-training program assisted or financed in whole or in
22     part by any Federal agency or an agency of this State, by
23     an individual receiving such work-relief or work-training;

 

 

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1         5. In a facility conducted for the purpose of carrying
2     out a program of rehabilitation for individuals whose
3     earning capacity is impaired by age or physical or mental
4     deficiency or injury or providing remunerative work for
5     individuals who because of their impaired physical or
6     mental capacity cannot be readily absorbed in the
7     competitive labor market, by an individual receiving such
8     rehabilitation or remunerative work;
9         6. Directly for the Illinois State Fair during its
10     active duration (including the week immediately preceding
11     and the week immediately following the Fair);
12         7. Directly and solely in connection with an emergency,
13     in fire-fighting, snow removal, flood control, control of
14     the effects of wind or flood, and the like, by an
15     individual hired solely for the period of such emergency;
16         8. In the Illinois National Guard, directly and solely
17     in connection with its summer training camps or during
18     emergencies, by an individual called to duty solely for
19     such purposes.
20     C. Except as provided in Section 302, the term "employment"
21 shall not include service performed in the employ of a
22 political subdivision or a municipal corporation, or an
23 instrumentality of one or more of the foregoing or of this
24 State and one or more of the foregoing. This subsection shall
25 not apply to service performed after December 31, 1977.
26     D. The term "employment" shall not include service

 

 

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1 performed after December 31, 1977:
2         1. In the employ of a governmental entity referred to
3     in clause (B) of Section 211.1 if such service is performed
4     in the exercise of duties
5             a. As an elected official;
6             b. As a member of a legislative body, or a member
7         of the judiciary, of this State or a political
8         subdivision or municipal corporation;
9             c. As a member of the Illinois National Guard or
10         Air National Guard;
11             d. As a worker serving on a temporary basis in case
12         of fire, storm, snow, earthquake, flood, or similar
13         emergency;
14             e. In a position which, under or pursuant to the
15         laws of this State, is designated as a major nontenured
16         policymaking or advisory position, or as a
17         policymaking position the performance of the duties of
18         which ordinarily does not require more than 8 hours per
19         week.
20         2. As part of an unemployment work-relief or
21     work-training program assisted or financed in whole or in
22     part by any Federal agency or an agency of this State, or a
23     political subdivision or municipal corporation, by an
24     individual receiving such work-relief or work-training.
25         3. In a facility conducted for the purpose of carrying
26     out a program of rehabilitation for individuals whose

 

 

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1     earning capacity is impaired by age or physical or mental
2     deficiency or injury or providing remunerative work for
3     individuals who because of their impaired physical or
4     mental capacity cannot be readily absorbed in the
5     competitive labor market, by an individual receiving such
6     rehabilitation or remunerative work.
7         4. By an inmate of a custodial or penal institution.
8     E. The term "employment" shall not include service
9 performed on or after January 1, 2002 in the employ of a
10 governmental entity referred to in clause (B) of Section 211.1
11 if the service is performed in the exercise of duties as an
12 election official or election worker and the amount of
13 remuneration received by the individual during the calendar
14 year for service as an election official or election worker is
15 less than $1,000.
16     F. The term "employment" shall not include service
17 performed in the employ of an Indian tribe if such service is
18 performed in the exercise of duties:
19         1. as an elected official;
20         2. as a member of a legislative body, or a member of
21     the judiciary, of that Indian tribe;
22         3. as a worker serving on a temporary basis in case of
23     fire, storm, snow, earthquake, flood, or similar
24     emergency;
25         4. in a position which, under or pursuant to tribal
26     law, is designated as a major nontenured policymaking or

 

 

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1     advisory position, or as a policymaking position the
2     performance of the duties of which ordinarily does not
3     require more than 8 hours per week;
4         5. as part of an unemployment work-relief or
5     work-training program assisted or financed in whole or in
6     part by any federal agency or an agency of this State, or a
7     political subdivision or municipal corporation, or an
8     Indian tribe, by an individual receiving such work-relief
9     or work training;
10         6. in a facility conducted for the purpose of carrying
11     out a program of rehabilitation for individuals whose
12     earning capacity is impaired by age or physical or mental
13     deficiency or injury or providing remunerative work for
14     individuals who because of their impaired physical or
15     mental capacity cannot be readily absorbed in the
16     competitive labor market, by an individual receiving such
17     rehabilitation or remunerative work;
18         7. by an inmate of a custodial or penal institution.
19     G. The term "employment" shall not include service
20 performed by a worker serving on a temporary basis regardless
21 of the amount of days worked by the temporary worker. A worker
22 shall be deemed to serve on a temporary basis if the worker is
23 hired to replace a full-time employee for a limited period of
24 time with the expectation by the employer and temporary worker
25 that the full-time employee shall return to work after such
26 limited period of time.

 

 

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1 (Source: P.A. 92-441, eff. 1-1-02; 92-555, eff. 6-24-02.)