Full Text of HB5815 096th General Assembly
HB5815 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5815
Introduced 2/10/2010, by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED: |
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Amends the Unemployment Insurance Act. Makes a technical change in
a Section concerning truck operators.
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A BILL FOR
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HB5815 |
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LRB096 18487 WGH 36247 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unemployment Insurance Act is amended by | 5 |
| changing Section 212.1 as follows:
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| (820 ILCS 405/212.1)
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| Sec. 212.1. Truck Owner-Operator.
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| (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:
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| (1) Is either:
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| (i) Registered or licensed as a motor carrier of | 15 |
| real or personal
property by the Illinois Commerce
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| Commission, the Interstate Commerce Commission, or any | 17 |
| successor agencies, or
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| (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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| successor agencies; and
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| (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;
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| (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
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| 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;
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| (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:
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| (i) The person or entity to which the individual is | 19 |
| contracted for
service, or
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| (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
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| contracted for services or a family member of a | 24 |
| shareholder, owner, or partner
of the person or entity;
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| (5) Pays all costs of licensing and operating the | 26 |
| equipment (except when
federal or State law or regulation |
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| requires the carrier to pay), and the costs
are not | 2 |
| separately reimbursed by any other individual or entity; | 3 |
| and
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| (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.
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| (b) Subsection (a) shall not apply:
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| (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
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| (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.
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| (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.
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| (d) For purposes of this Section:
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| (1) "Family member" means any parent, sibling, child, | 22 |
| sibling of a parent,
or any of the foregoing relations by | 23 |
| marriage.
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| (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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| associations, corporations, trusts, joint stock companies, | 2 |
| or
other entities or devices, or any combination thereof.
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| (3) "Person or entity" means a sole proprietorship, | 4 |
| partnership,
association, corporation, or any other legal | 5 |
| entity.
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| (Source: P.A. 89-252, eff. 8-8-95.)
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