SB-0174, As Passed Senate, February 23, 2005

SUBSTITUTE FOR

SENATE BILL NO. 174

     A bill to amend 1936 (Ex Sess) PA 1, entitled

"Michigan employment security act,"

by amending section 41 (MCL 421.41).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 41. "Employer" means any of the following:

     (1) Beginning January 1, 1969, an  An employing unit (i) which

that in each of 20 different calendar weeks within a calendar year,

whether or not the weeks were consecutive, has or had in employment

1 or more individuals irrespective of whether the same individual

was employed in each week, or (ii) by which total remuneration of

$1,000.00 or more for employment was paid or payable within the

calendar year.

     (2) (a) Any individual, legal entity, or employing unit which

acquired  that acquires the organization, trade, or business, or

75% or more of the assets thereof, of another organization, trade,

or business, which at the time of the acquisition was an employer

subject to this act.

     (b) Any individual, legal entity, or employing unit  described

as a transferee in section 22(c) that becomes a transferee of

business assets by any means otherwise than in the ordinary course

of trade from an employer, if there is substantially common

ownership, management, or control of the transferor and transferee

at the time of transfer.

     (3) Any employing unit which having  that has become an

employer under subdivisions  subdivision (1),(2),(4),(5),(6),(7),

or (9) but has not, under sections  section 24 and  or 25, ceased

to be an employer subject to this act.

     (4) For the effective period of its election pursuant to

section 25, any other employing unit which  that has elected to

become fully subject to this act.

     (5) (a) Beginning January 1, 1978, an  An employing unit which

that for some portion of a day in each of 20 different calendar

weeks, whether or not the weeks were consecutive, in either the

current or the preceding calendar year, employed 10 or more

individuals performing agricultural service, regardless of whether

the individuals were employed at the same moment of time, or  which

that, during any calendar quarter in either the current or the

preceding calendar year, paid remuneration in cash of $20,000.00 or

more to employees performing agricultural service.

     (b) For the purposes of this subdivision an individual who is

a member of a crew furnished by a crew leader farm labor contractor

to perform agricultural service for any farm operator shall be

treated as an employee of that crew leader farm labor contractor if

the crew leader farm labor contractor holds a valid certificate of

registration under the  farm labor contractor registration act of

1963, 7 U.S.C. 2041 to 2055 migrant and seasonal agricultural

worker protection act, 29 USC 1801 to 1872; or substantially all

the members of the crew operate or maintain tractors, mechanized

harvesting or crop-dusting equipment, or any other mechanized

equipment, which is provided by the crew leader farm labor

contractor; and if the crew leader farm labor contractor is not an

employee of the farm operator within the meaning of this act.

     (c) For the purposes of this subdivision, in the case of an

individual who is furnished by a crew leader farm labor contractor

to perform agricultural service for a farm operator and who is not

treated as an employee of the crew leader farm labor contractor

under paragraph (b), the farm operator and not the crew leader farm

labor contractor shall be treated as the employer of the

individual, and the farm operator shall be treated as having paid

cash remuneration to the individual in an amount equal to the

amount of cash remuneration paid to the individual by the crew

leader farm labor contractor, either on his  the farm labor

contractor's own behalf or on behalf of the farm operator, for the

agricultural service performed for the farm operator.

     (d) For the purposes of this subdivision, the term "crew

leader" "farm labor contractor" means an individual who does all of

the following:

     (i) Furnishes individuals to perform agricultural service for a

farm operator.

     (ii) Pays, either on his  the individual's own behalf or on

behalf of a farm operator, the individuals furnished by him  the

individual for the agricultural service performed by them.

     (iii) Has not entered into a written agreement with the farm

operator under which the crew leader farm labor contractor is

designated as an employee of the farm operator.

     (6) Beginning January 1, 1978, an  An employing unit which

that paid cash remuneration of $1,000.00 or more for domestic

service in any calendar quarter in the current calendar year or the

preceding calendar year. An employing unit that is determined to be

an employer under this subdivision shall not be considered an

employer of other covered services unless it meets the test of

being an employer under another subdivision of this section.

     (7) Any employing unit not an employer by reason of any other

paragraph of this section for which services in employment are

performed with respect to which such  the employing unit is liable

for any federal tax against which credit may be taken for

contributions required to be paid into a state unemployment

compensation fund; but services performed for such  the employing

unit shall constitute employment for the purposes of this act only

to the extent that such  those services constitute employment with

respect to which such  the federal tax is payable.

     (8) For purposes of this section, a week which  that falls in

2 calendar years shall be considered to fall entirely within that

the calendar year which  that contains the majority of days of that

week.

     (9) Notwithstanding subdivision (1), after December 31, 1977,

an  "employer" means  includes any employing unit for which

services are performed as defined in section 42(8) or (9).

     (10) For the purpose of determining the amount of

contributions due pursuant to section 44(2), the provisions of

subdivisions (5) and (6) shall first apply with respect to

remuneration paid after December 31, 1977, for services performed

after that date.

     Enacting section 1.  This amendatory act takes effect July 1,

2005.

     Enacting section 2.  This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 171.

     (b) Senate Bill No. 172.

     (c) Senate Bill No. 173.