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.