97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4788

 

Introduced 2/3/2012, by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/212  from Ch. 48, par. 322

    Amends the Unemployment Insurance Act. Makes a technical change in a Section concerning independent contractors.


LRB097 18397 WGH 63623 b

 

 

A BILL FOR

 

HB4788LRB097 18397 WGH 63623 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Section 212 as follows:
 
6    (820 ILCS 405/212)  (from Ch. 48, par. 322)
7    Sec. 212. Service performed by an individual for an
8employing unit, whether or not such individual employs others
9in connection with the the performance of such services, shall
10be deemed to be employment unless and until it is proven in any
11proceeding where such issue is involved that--
12    A. Such individual has been and will continue to be free
13from control or direction over the performance of such
14services, both under his contract of service and in fact; and
15    B. Such service is either outside the usual course of the
16business for which such service is performed or that such
17service is performed outside of all the places of business of
18the enterprise for which such service is performed; and
19    C. Such individual is engaged in an independently
20established trade, occupation, profession, or business.
21(Source: Laws 1951, p. 32.)