96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5815

 

Introduced 2/10/2010, by Rep. John D. Cavaletto

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/212.1

    Amends the Unemployment Insurance Act. Makes a technical change in a Section concerning truck operators.


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A BILL FOR

 

HB5815 LRB096 18487 WGH 36247 b

1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unemployment Insurance Act is amended by
5 changing Section 212.1 as follows:
 
6     (820 ILCS 405/212.1)
7     Sec. 212.1. Truck Owner-Operator.
8     (a) The The term "employment" shall not include services
9 performed by an individual as an operator of a truck,
10 truck-tractor, or tractor, provided the person or entity to
11 which the individual is contracted for service shows that the
12 individual:
13         (1) Is either:
14             (i) Registered or licensed as a motor carrier of
15         real or personal property by the Illinois Commerce
16         Commission, the Interstate Commerce Commission, or any
17         successor agencies, or
18             (ii) Operating the equipment under an
19         owner-operator lease contract with the person or
20         entity, when the person or entity is registered,
21         licensed, or both, as a motor carrier of real or
22         personal property licensed by the Illinois Commerce
23         Commission, the Interstate Commerce Commission, or any

 

 

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1         successor agencies; and
2         (2) Has the right to terminate the lease contract and
3     thereafter has the right to perform the same or similar
4     services, on whatever basis and whenever he or she chooses,
5     for persons or entities other than the person or entity to
6     which the individual is contracted for services;
7         (3) Is not required by the person or entity to which
8     the individual is contracted for services to perform
9     services, or be available to perform services, at specific
10     times or according to a schedule or for a number of hours
11     specified by the person or entity, provided that pickup or
12     delivery times specified by a shipper or receiver shall not
13     be deemed specified by the person or entity;
14         (4) Either leases the equipment or holds title to the
15     equipment, provided that the individual or entity from
16     which the equipment is leased, or which holds any security
17     or other interest in the equipment, is not:
18             (i) The person or entity to which the individual is
19         contracted for service, or
20             (ii) Owned, controlled, or operated by or in common
21         with, to any extent, whether directly or indirectly,
22         the person or entity to which the individual is
23         contracted for services or a family member of a
24         shareholder, owner, or partner of the person or entity;
25         (5) Pays all costs of licensing and operating the
26     equipment (except when federal or State law or regulation

 

 

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1     requires the carrier to pay), and the costs are not
2     separately reimbursed by any other individual or entity;
3     and
4         (6) Maintains a separate business identity, offering
5     or advertising his or her services to the public, by
6     displaying its name and address on the equipment or
7     otherwise.
8     (b) Subsection (a) shall not apply:
9         (1) If, as a condition for retaining the individual's
10     services, the person or entity to which the individual is
11     contracted specifies the person or entity from which the
12     equipment is to be leased or purchased; or
13         (2) To any services that are required to be covered as
14     a condition of approval of this Act by the United States
15     Secretary of Labor under Section 3304(a)(6)(A) of the
16     Federal Unemployment Tax Act.
17     (c) Nothing in this Section shall be construed or used to
18 effect the existence or non-existence of an employment
19 relationship other than for purposes of this Act.
20     (d) For purposes of this Section:
21         (1) "Family member" means any parent, sibling, child,
22     sibling of a parent, or any of the foregoing relations by
23     marriage.
24         (2) "Ownership", "control", or "operation" may be
25     through any one or more natural persons or proxies, powers
26     of attorney, nominees, proprietorships, partnerships,

 

 

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1     associations, corporations, trusts, joint stock companies,
2     or other entities or devices, or any combination thereof.
3         (3) "Person or entity" means a sole proprietorship,
4     partnership, association, corporation, or any other legal
5     entity.
6 (Source: P.A. 89-252, eff. 8-8-95.)