103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0082

 

Introduced 1/20/2023, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 185/5

    Amends the Employee Classification Act. Changes the definition of "performing services" to include the movement by truck of property, goods, materials, or equipment, including, but not limited to, construction related materials on the job site to or from the job site. Defines "truck" as any motor vehicle designed, used, or maintained primarily for the transportation of property, goods, materials, or equipment in furtherance of a commercial or industrial enterprise.


LRB103 25488 SPS 51837 b

 

 

A BILL FOR

 

SB0082LRB103 25488 SPS 51837 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 Employee Classification Act is amended by
5changing Section 5 as follows:
 
6    (820 ILCS 185/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Construction" means any constructing, altering,
9reconstructing, repairing, rehabilitating, refinishing,
10refurbishing, remodeling, remediating, renovating, custom
11fabricating, maintenance, landscaping, improving, wrecking,
12painting, decorating, demolishing, and adding to or
13subtracting from any building, structure, highway, roadway,
14street, bridge, alley, sewer, ditch, sewage disposal plant,
15water works, parking facility, railroad, excavation or other
16structure, project, development, real property or improvement,
17or to do any part thereof, whether or not the performance of
18the work herein described involves the addition to, or
19fabrication into, any structure, project, development, real
20property or improvement herein described of any material or
21article of merchandise. Construction shall also include moving
22construction related materials on the job site to or from the
23job site.

 

 

SB0082- 2 -LRB103 25488 SPS 51837 b

1    "Contractor" means any individual, sole proprietor,
2partnership, firm, corporation, limited liability company,
3association or other legal entity permitted by law to do
4business within the State of Illinois who engages in
5construction as defined in this Act.
6    "Contractor" includes a general contractor and a
7subcontractor.
8    "Department" means the Department of Labor.
9    "Director" means the Director of the Department of Labor.
10    "Employer" means any contractor that employs individuals
11deemed employees under Section 10 of this Act; however,
12"employer" does not include (i) the State of Illinois or its
13officers, agencies, or political subdivisions or (ii) the
14federal government.
15    "Entity" means any contractor for which an individual is
16performing services and is not classified as an employee under
17Section 10 of this Act; however, "entity" does not include (i)
18the State of Illinois or its officers, agencies, or political
19subdivisions or (ii) the federal government.
20    "Interested party" means a person with an interest in
21compliance with this Act.
22    "Performing services" means the performance of any
23constructing, altering, reconstructing, repairing,
24rehabilitating, refinishing, refurbishing, remodeling,
25remediating, renovating, custom fabricating, maintenance,
26landscaping, improving, wrecking, painting, decorating,

 

 

SB0082- 3 -LRB103 25488 SPS 51837 b

1demolishing, and adding to or subtracting from any building,
2structure, highway, roadway, street, bridge, alley, sewer,
3ditch, sewage disposal plant, water works, parking facility,
4railroad, excavation or other structure, project, development,
5real property or improvement, or to do any part thereof,
6whether or not the performance of the work herein described
7involves the addition to, or fabrication into, any structure,
8project, development, real property or improvement herein
9described of any material or article of merchandise.
10"Performing services" Construction shall also include the
11movement by truck of property, goods, materials, or equipment,
12including, but not limited to, moving construction related
13materials on the job site to or from the job site.
14    "Truck" means any motor vehicle designed, used, or
15maintained primarily for the transportation of property,
16goods, materials, or equipment in furtherance of a commercial
17or industrial enterprise.
18(Source: P.A. 98-106, eff. 1-1-14.)