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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5489
Introduced 2/6/2004, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
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820 ILCS 405/212 |
from Ch. 48, par. 322 |
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Amends the Unemployment Insurance Act. Makes a technical change in
a Section concerning independent contractors.
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A BILL FOR
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HB5489 |
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LRB093 17207 WGH 42873 b |
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| AN ACT in relation to unemployment.
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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 |
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| changing Section 212
as follows:
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| (820 ILCS 405/212) (from Ch. 48, par. 322)
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| Sec. 212. Service performed by an individual for an |
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| employing unit, whether
or not the
such individual employs |
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| others in connection with the
performance of such services, |
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| shall be deemed to be employment unless and until
it is
proven |
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| in any proceeding where such issue is involved that--
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| A. Such individual has been and will continue to be free |
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| from control or
direction over the performance of such |
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| services, both under his contract of
service and in fact; and
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| B. Such service is either outside the usual course of the |
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| business for
which such service is performed or that such |
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| service is performed outside
of all the places of business of |
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| the enterprise for which such service is
performed; and
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| C. Such individual is engaged in an independently |
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| established trade,
occupation, profession, or business.
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| (Source: Laws 1951, p. 32.)
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