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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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