98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4733
 
Introduced , by Rep. Frank J. Mautino
 
SYNOPSIS AS INTRODUCED:
 

 



820 ILCS 405/225  from Ch. 48, par. 335

     Amends the Unemployment Insurance Act. Provides that the term "employment" does not include the delivery or distribution of newspapers or shopping news to the consumer, rather than to the ultimate consumer. Deletes provisions relating to delivery to the ultimate consumer. Effective immediately.
  


LRB098 16645 JLS 51713 b

 
 
A BILL FOR
 

  
HB4733LRB098 16645 JLS 51713 b


  
1    AN ACT concerning employment.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Unemployment Insurance Act is amended  by 
5changing Section 225 as follows:
 



6    (820 ILCS 405/225)  (from Ch. 48, par. 335)



7    Sec. 225. 
(A) The term "employment" shall not include 
8services performed
by an
individual under the age of eighteen 
9in the delivery or distribution of
newspapers or shopping news.

10    (B) The term "employment" does not include the performance 
11of
freelance editorial or photographic work for a newspaper.

12    (C) The term "employment" does not include the delivery or 
13distribution of
newspapers or shopping news to the ultimate 
14consumer if:


15        (1) substantially all of the remuneration for the 
16    performance of the
services is directly related to sales, 
17    "per piece" fees, or other output,
rather than to the 
18    number of hours worked; and


19        (2) the services are performed under a written contract 
20    between the
individual and the person or firm for whom the 
21    services are performed, and
the contract provides that the 
22    individual will not be treated as an
employee for federal 
23    tax purposes.


 
 
HB4733- 2 -LRB098 16645 JLS 51713 b

1        (3) Delivery or distribution to the ultimate consumer 
2    does not include:


3            (i) delivery or distribution for sale or resale, 
4        including, but not
limited to, distribution to a 
5        newsrack or newsbox, salesperson, newsstand
or retail 
6        establishment;


7            (ii) distribution for further distribution, 
8        regardless of subsequent sale or resale.

9    (D) Subsection (C) shall not apply in the case of any 
10individual who
provides delivery or distribution services for a 
11newspaper pursuant to the
terms of a collective bargaining 
12agreement and shall not be construed to
alter or amend the 
13application or interpretation of any existing collective

14bargaining agreement.  Further, subsection (C) shall not be 
15construed as
evidence of the existence or non-existence of an 
16employment relationship
under any other Sections of this Act or

17other existing laws.

18    (E) Subsections (B) and (C) shall not apply to services 
19that are required
to be covered as a condition of approval of 
20this Act by the United States
Secretary of Labor under Section 
213304 (a)(6)(A) of the Federal Unemployment Tax
Act.

22(Source: P.A. 87-1178.)

 
 
23    Section 99. Effective date. This Act takes effect upon 
24becoming law.