HB4788 97TH GENERAL ASSEMBLY

LRB097 18397 WGH 63623 b

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.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unemployment Insurance Act is amended by changing Section 212 as follows:

(820 ILCS 405/212) (from Ch. 48, par. 322)

Sec. 212. Service performed by an individual for an employing unit, whether or not such individual employs others in connection with the the performance of such services, shall be deemed to be employment unless and until it is proven in any proceeding where such issue is involved that--

A. Such individual has been and will continue to be free from control or direction over the performance of such services, both under his contract of service and in fact; and

B. Such service is either outside the usual course of the business for which such service is performed or that such service is performed outside of all the places of business of the enterprise for which such service is performed; and

C. Such individual is engaged in an independently established trade, occupation, profession, or business.

(Source: Laws 1951, p. 32.)