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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5815
Introduced 2/10/2010, by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED: |
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Amends the Unemployment Insurance Act. Makes a technical change in
a Section concerning truck operators.
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A BILL FOR
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HB5815 |
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LRB096 18487 WGH 36247 b |
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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 |
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| changing Section 212.1 as follows:
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| (820 ILCS 405/212.1)
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| Sec. 212.1. Truck Owner-Operator.
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| (a) The The term "employment" shall not include services |
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| performed by an
individual as an operator of a truck, |
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| truck-tractor, or tractor, provided the
person or entity to |
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| which the individual is contracted for service shows that
the |
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| individual:
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| (1) Is either:
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| (i) Registered or licensed as a motor carrier of |
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| real or personal
property by the Illinois Commerce
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| Commission, the Interstate Commerce Commission, or any |
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| successor agencies, or
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| (ii) Operating the equipment under an |
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| owner-operator lease contract with
the person or |
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| entity, when the person or entity is registered, |
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| licensed, or
both, as a motor carrier of real or |
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| personal property
licensed by the Illinois Commerce |
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| Commission, the Interstate Commerce
Commission, or any |
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HB5815 |
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LRB096 18487 WGH 36247 b |
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| successor agencies; and
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| (2) Has the right to terminate the lease contract and |
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| thereafter has the
right to
perform the same or similar |
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| services, on whatever
basis and whenever he or she chooses, |
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| for persons or entities other than the
person or entity to |
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| which the individual is contracted for services;
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| (3) Is not required by the person or entity to which |
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| the individual is
contracted for services to perform |
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| services, or be available to perform
services, at specific |
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| times or according to a schedule or for a number of hours
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| specified by the person or entity, provided that pickup or |
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| delivery times
specified by a shipper or receiver shall not |
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| be deemed specified by the person
or entity;
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| (4) Either leases the equipment or holds title to the |
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| equipment, provided
that the individual or entity from |
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| which the equipment is leased, or which
holds any security |
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| or other interest in the equipment, is not:
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| (i) The person or entity to which the individual is |
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| contracted for
service, or
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| (ii) Owned, controlled, or operated by or in common |
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| with, to any extent,
whether directly or indirectly, |
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| the person or entity to which the individual is
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| contracted for services or a family member of a |
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| shareholder, owner, or partner
of the person or entity;
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| (5) Pays all costs of licensing and operating the |
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| equipment (except when
federal or State law or regulation |
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HB5815 |
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LRB096 18487 WGH 36247 b |
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| requires the carrier to pay), and the costs
are not |
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| separately reimbursed by any other individual or entity; |
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| and
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| (6) Maintains a separate business identity, offering |
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| or advertising his or
her services to the public, by |
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| displaying its name and address on the equipment
or |
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| otherwise.
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| (b) Subsection (a) shall not apply:
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| (1) If, as a condition for retaining the individual's |
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| services, the person
or entity to which the individual is |
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| contracted specifies the person or entity
from which the |
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| equipment is to be leased or purchased; or
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| (2) To any services that are required to be covered as |
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| a condition of
approval of this Act by the United States |
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| Secretary of Labor under Section
3304(a)(6)(A) of the |
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| Federal Unemployment Tax Act.
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| (c) Nothing in this Section shall be construed or used to |
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| effect the
existence or non-existence of an employment |
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| relationship other than for
purposes of this Act.
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| (d) For purposes of this Section:
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| (1) "Family member" means any parent, sibling, child, |
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| sibling of a parent,
or any of the foregoing relations by |
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| marriage.
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| (2) "Ownership", "control", or "operation" may be |
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| through any one or more
natural persons or proxies, powers |
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| of attorney, nominees, proprietorships,
partnerships, |
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HB5815 |
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LRB096 18487 WGH 36247 b |
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| associations, corporations, trusts, joint stock companies, |
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| or
other entities or devices, or any combination thereof.
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| (3) "Person or entity" means a sole proprietorship, |
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| partnership,
association, corporation, or any other legal |
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| entity.
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| (Source: P.A. 89-252, eff. 8-8-95.)
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