HB5063 93RD GENERAL ASSEMBLY

LRB093 19779 DRJ 45521 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5063

Introduced 02/05/04, by Susana Mendoza

SYNOPSIS AS INTRODUCED:

820 ILCS 175/5
820 ILCS 175/20

Amends the Day and Temporary Labor Services Act. Provides that a day and temporary labor service agency may not charge a day or temporary laborer for transportation to or from a third-party employer's work site (under current law, a service agency or employer may charge no more than the actual cost of transportation, not to exceed 3% of the laborer's daily wages). Provides that, with exceptions, a day and temporary labor service agency is responsible for the conduct of persons providing transportation from the agency to a work site. Restricts an agency's referral of laborers for transportation to a work site. Limits the number of occupants of a motor vehicle used to transport laborers.

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 Day and Temporary Labor Services Act is amended by changing Sections 5 and 20 as follows:

(820 ILCS 175/5)

Sec. 5. Definitions. As used in this Act:

"Day or temporary laborer" means a natural person who contracts for employment with a day and temporary labor service agency.

"Day and temporary labor" means labor or employment that is occasional or irregular at which a person is employed for not longer than the time period required to complete the assignment for which the person was hired and where wage payments are made directly or indirectly by the day and temporary labor service agency or the third party employer for work undertaken by day or temporary laborers pursuant to a contract between the day and temporary labor service agency with the third party employer. "Day and temporary labor" does not include labor or employment of a professional or clerical nature.

"Day and temporary labor service agency" means any person or entity engaged in the business of employing day or temporary laborers to provide services to or for any third party employer pursuant to a contract with the day and temporary labor service and the third party employer.

"Department" means the Department of Labor.

"Person" means every natural person, firm, partnership, copartnership, limited liability company, corporation, association, or other legal entity, or its legal representative, agent, or assigns.

"Third party employer" means any person that contracts with a day and temporary labor service agency for the employment of day or temporary laborers.

(Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)

(820 ILCS 175/20)

Sec. 20. Transportation.

(a) No day and temporary labor service agency may charge a day or temporary laborer for transportation to or from a third party employer's work site.

(b) A day and temporary labor service agency is responsible for the conduct and performance of any person who transports a day or temporary laborer from the agency to a work site, unless the transporter is: (1) a public mass transportation system as defined in Section 2 of the Local Mass Transit District Act; or (2) the day or temporary laborer providing his or her own transportation; or (3) selected exclusively by and at the sole choice of the day or temporary laborer for transportation in a vehicle not owned or operated by the day and temporary labor service agency.

(c) A day and temporary labor service agency shall not refer a day or temporary laborer to any person for transportation to a work site unless that person is (1) a public mass transportation system as defined in Section 2 of the Local Mass Transit District Act or (2) providing the transportation without charge to the day or temporary laborer. Informing a day or temporary laborer of the availability of a car pool driven by another day or temporary laborer shall not be considered a referral by the agency. Directing the day or temporary laborer to accept a specific car pool as a condition of work shall be considered a referral by the agency. Any mention or discussion of the cost of a car pool shall be considered a referral by the agency.

(d) A day and temporary labor service agency or a third party employer shall charge no more than the actual cost to transport a day or temporary laborer to or from the designated work site; however, the total cost to each day or temporary laborer shall not exceed 3% of the day or temporary laborer's daily wages. Any motor vehicle that is owned or operated by the day and temporary labor service agency or a third party employer, or a contractor of either, or to which a day and temporary labor services agency refers a day or temporary laborer, which is used for the transportation of day or temporary laborers shall have proof of financial responsibility as provided for in Chapter 8 of the Illinois Vehicle Code.

(e) No motor vehicle that is owned or operated by the day and temporary labor service agency or a third party employer, or a contractor of either, or to which a day and temporary labor service agency refers a day or temporary laborer, which is used for the transportation of day or temporary laborers shall be operated if it is occupied by more passengers than recommended by the manufacturer thereof if the vehicle is manufactured as a passenger vehicle. If the vehicle is manufactured for use other than as a passenger vehicle, then it shall not accommodate more passengers than provided for by the manufacturer in passenger vehicles of like style or rating.

(Source: P.A. 91-579, eff. 1-1-00; 92-783, eff. 1-1-03.)