State of Illinois
91st General Assembly
Legislation

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91_HB3260eng

 
HB3260 Engrossed                               LRB9110325WHcs

 1        AN  ACT to amend the Unemployment Insurance Act by adding
 2    Section 206.1.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Unemployment Insurance Act is amended by
 6    adding Section 206.1 as follows:

 7        (820 ILCS 405/206.1 new)
 8        Sec. 206.1.  Employment; employee leasing company.
 9        A.  For purposes of this Section:
10             1.  "Client" means an individual or entity which has
11        contracted with an employee leasing company to supply  it
12        with or assume responsibility for personnel management of
13        one  or  more  workers to perform services on an on-going
14        basis rather than under a temporary help arrangement,  as
15        defined  in  Section  15  of the Employee Leasing Company
16        Act.
17             2.  "Employee leasing company" means  an  individual
18        or  entity  which  contracts  with  a client to supply or
19        assume responsibility for personnel management of one  or
20        more  workers  to  perform  services for the client on an
21        on-going  basis  rather  than  under  a  temporary   help
22        arrangement,  as  defined  in  Section 15 of the Employee
23        Leasing Company Act.
24        B.  Services performed by an individual under a  contract
25    between an employee leasing company and client, including but
26    not  limited  to  services  performed  in  the  capacity of a
27    corporate officer of the client, are services in "employment"
28    of the employee leasing  company  and  are  not  services  in
29    "employment" of the client if all of the following conditions
30    are met:
31             1.  the employee leasing company pays the individual
 
HB3260 Engrossed            -2-                LRB9110325WHcs
 1        for the services directly from its own accounts; and
 2             2.  the  employee leasing company, exclusively or in
 3        conjunction with the client, retains the right to  direct
 4        and  control  the  individual  in  the performance of the
 5        services; and
 6             3.  the employee leasing company, exclusively or  in
 7        conjunction  with  the  client, retains the right to hire
 8        and terminate the individual.

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.

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