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Rep. Frank J. Mautino
Filed: 5/27/2014
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1 | | AMENDMENT TO SENATE BILL 3530
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2 | | AMENDMENT NO. ______. Amend Senate Bill 3530, AS AMENDED, |
3 | | with reference to page and line numbers of House Amendment No. |
4 | | 3, on page 1 by deleting lines 4 through 16; and |
5 | | by deleting page 2; and |
6 | | on page 3 by deleting lines 1 through 5; and |
7 | | on page 3 by replacing line 22 with the following: |
8 | | "changing Sections 206.1, 225, 245, 702, 1402, 2101, 2201, |
9 | | 2201.1, and 2401"; and
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10 | | on page 3, line 23, by deleting "and 2403"; and |
11 | | on page 6 by inserting immediately below line 20 the following:
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1 | | "(820 ILCS 405/225) (from Ch. 48, par. 335)
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2 | | Sec. 225.
This Section, and not Section 212 of this Act, |
3 | | controls the determination of employment status
for services |
4 | | performed by individuals in the delivery or distribution of |
5 | | newspapers or shopping news. |
6 | | (A) The term "employment" shall not include services |
7 | | performed
by an
individual under the age of eighteen in the |
8 | | delivery or distribution of
newspapers or shopping news.
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9 | | (B) The term "employment" does not include the performance |
10 | | of
freelance editorial or photographic work for a newspaper.
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11 | | (B-5) The employment status of individuals engaged in the |
12 | | delivery of newspapers or shopping news shall
be determined as |
13 | | provided in this subsection. The term "employment" does not |
14 | | include the delivery or
distribution of newspapers or shopping |
15 | | news if at least one of the following 4 elements is present: |
16 | | (1) The individual performing the services gains the |
17 | | profits and bears the losses of the
services. |
18 | | (2) The person or firm for whom the services are |
19 | | performed does not represent the
individual as an employee |
20 | | to its customers. |
21 | | (3) The individual hires his or her own helpers or |
22 | | employees, without the need for
approval from the person or |
23 | | firm for whom the services are performed, and
pays them |
24 | | without reimbursement from that person or firm. |
25 | | (4) Once the individual leaves the premises of the |
26 | | person or firm for whom the
services are performed or the |
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1 | | printing plant, the individual operates free from
the |
2 | | direction and control of the person or firm, except as is |
3 | | necessary for the
person or firm to ensure quality control |
4 | | of the newspapers or shopping news,
including, but not |
5 | | limited to, the condition of the newspapers or shopping
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6 | | news upon delivery and the location and timing of delivery |
7 | | of the newspapers
or shopping news. |
8 | | (C) Notwithstanding subsection (B-5), the The term |
9 | | "employment" does not include the delivery or distribution of
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10 | | newspapers or shopping news to the ultimate consumer if:
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11 | | (1) substantially all of the remuneration for the |
12 | | performance of the
services is directly related to sales, |
13 | | "per piece" fees, or other output,
rather than to the |
14 | | number of hours worked; and
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15 | | (2) the services are performed under a written contract |
16 | | between the
individual and the person or firm for whom the |
17 | | services are performed, and
the contract provides that the |
18 | | individual will not be treated as an
employee for federal |
19 | | tax purposes.
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20 | | (3) Delivery or distribution to the ultimate consumer |
21 | | does not include:
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22 | | (i) delivery or distribution for sale or resale, |
23 | | including, but not
limited to, distribution to a |
24 | | newsrack or newsbox, salesperson, newsstand
or retail |
25 | | establishment;
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26 | | (ii) distribution for further distribution, |
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1 | | regardless of subsequent sale or resale.
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2 | | (D) Subsections (B-5) and Subsection (C) shall not apply in |
3 | | the case of any individual who
provides delivery or |
4 | | distribution services for a newspaper pursuant to the
terms of |
5 | | a collective bargaining agreement and shall not be construed to
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6 | | alter or amend the application or interpretation of any |
7 | | existing collective
bargaining agreement. Further, subsections |
8 | | (B-5) and subsection (C) shall not be construed as
evidence of |
9 | | the existence or non-existence of an employment relationship
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10 | | under any other Sections of this Act or
other existing laws.
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11 | | (E) Subsections (B) , (B-5), and (C) shall not apply to |
12 | | services that are required
to be covered as a condition of |
13 | | approval of this Act by the United States
Secretary of Labor |
14 | | under Section 3304 (a)(6)(A) of the Federal Unemployment Tax
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15 | | Act.
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16 | | (Source: P.A. 87-1178.)
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17 | | (820 ILCS 405/245) (from Ch. 48, par. 370)
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18 | | Sec. 245. Coordination with Federal Unemployment Tax Act. |
19 | | Notwithstanding any provisions of this Act to the contrary, |
20 | | excepting
the exemptions from the definition of employment |
21 | | contained in Sections
212.1, 217.1, 217.2, 226, and 231 and |
22 | | subsections (B), (B-5), and (C) B and C of Section 225:
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23 | | A. The term "employer" includes any employing unit which is |
24 | | an
"employer" under the provisions of the Federal Unemployment |
25 | | Tax Act, or
which is required, pursuant to such Act, to be an |
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1 | | "employer" under this Act
as a condition for the Federal |
2 | | approval of this Act requisite to the full
tax credit, against |
3 | | the tax imposed by the Federal Act, for contributions
paid by |
4 | | employers pursuant to this Act.
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5 | | B. The term "employment" includes any services performed |
6 | | within the
State which constitute "employment" under the |
7 | | provisions of the Federal
Unemployment Tax Act, or which are |
8 | | required, pursuant to such Act, to be
"employment" under this |
9 | | Act as a condition for the Federal approval of this
Act |
10 | | requisite to the full tax credit, against the tax imposed by |
11 | | the
Federal Act, for contributions paid by employers pursuant |
12 | | to this Act.
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13 | | C. The term "wages" includes any remuneration for services |
14 | | performed
within this State which is subject to the payment of |
15 | | taxes under the
provisions of the Federal Unemployment Tax Act.
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16 | | (Source: P.A. 89-252, eff. 8-8-95; 89-649, eff. 8-9-96.)"; and
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17 | | on page 37 by deleting lines 10 through 25; and
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18 | | by deleting page 38; and
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19 | | on page 39 by deleting lines 1 through 23.
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