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

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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 
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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 
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performed by an
individual as an operator of a truck, 
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truck-tractor, or tractor, provided the
person or entity to 
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which the individual is contracted for service shows that
the 
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individual:


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        (1) Is either:


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            (i) Registered or licensed as a motor carrier of 
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        real or personal
property by the Illinois Commerce

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        Commission, the Interstate Commerce Commission, or any 
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        successor agencies, or


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            (ii) Operating the equipment under an 
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        owner-operator lease contract with
the person or 
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        entity, when the person or entity is registered, 
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        licensed, or
both, as a motor carrier of real or 
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        personal property
licensed by the Illinois Commerce 
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        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 
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    thereafter has the
right to
perform the same or similar 
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    services, on whatever
basis and whenever he or she chooses, 
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    for persons or entities other than the
person or entity to 
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    which the individual is contracted for services;


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        (3) Is not required by the person or entity to which 
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    the individual is
contracted for services to perform 
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    services, or be available to perform
services, at specific 
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    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 
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    delivery times
specified by a shipper or receiver shall not 
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    be deemed specified by the person
or entity;


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        (4) Either leases the equipment or holds title to the 
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    equipment, provided
that the individual or entity from 
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    which the equipment is leased, or which
holds any security 
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    or other interest in the equipment, is not:


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            (i) The person or entity to which the individual is 
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        contracted for
service, or


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            (ii) Owned, controlled, or operated by or in common 
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        with, to any extent,
whether directly or indirectly, 
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        the person or entity to which the individual is

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        contracted for services or a family member of a 
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        shareholder, owner, or partner
of the person or entity;


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        (5) Pays all costs of licensing and operating the 
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    equipment (except when
federal or State law or regulation 
 


 






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    requires the carrier to pay), and the costs
are not 
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    separately reimbursed by any other individual or entity; 
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    and


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        (6) Maintains a separate business identity, offering 
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    or advertising his or
her services to the public, by 
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    displaying its name and address on the equipment
or 
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    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 
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    services, the person
or entity to which the individual is 
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    contracted specifies the person or entity
from which the 
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    equipment is to be leased or purchased; or


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        (2) To any services that are required to be covered as 
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    a condition of
approval of this Act by the United States 
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    Secretary of Labor under Section
3304(a)(6)(A) of the 
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    Federal Unemployment Tax Act.

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    (c) Nothing in this Section shall be construed or used to 
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effect the
existence or non-existence of an employment 
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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, 
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    sibling of a parent,
or any of the foregoing relations by 
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    marriage.


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        (2) "Ownership", "control", or "operation" may be 
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    through any one or more
natural persons or proxies, powers 
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    of attorney, nominees, proprietorships,
partnerships, 
 


 






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    associations, corporations, trusts, joint stock companies, 
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    or
other entities or devices, or any combination thereof.


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        (3) "Person or entity" means a sole proprietorship, 
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    partnership,
association, corporation, or any other legal 
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    entity.

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(Source: P.A. 89-252, eff. 8-8-95.)