Full Text of SB3494 96th General Assembly
SB3494enr 96TH GENERAL ASSEMBLY
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SB3494 Enrolled |
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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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| 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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