Illinois General Assembly - Full Text of HB4733
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Full Text of HB4733  98th General Assembly

HB4733ham001 98TH GENERAL ASSEMBLY

Rep. Frank J. Mautino

Filed: 3/18/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4733

2    AMENDMENT NO. ______. Amend House Bill 4733 by replacing
3everything after the enacting clause with the following:
 
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. This Section, and not Section 212 of this Act,
8controls the determination of employment status for services
9performed by individuals in the delivery or distribution of
10shopping news.
11    (A) The term "employment" shall not include services
12performed by an individual under the age of eighteen in the
13delivery or distribution of newspapers or shopping news.
14    (B) The term "employment" does not include the performance
15of freelance editorial or photographic work for a newspaper.
16    (C) The term "employment" does not include the delivery or

 

 

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1distribution of newspapers or shopping news to the ultimate
2consumer if:
3        (1) substantially all of the remuneration for the
4    performance of the services is directly related to sales,
5    "per piece" fees, or other output, rather than to the
6    number of hours worked; and
7        (2) the services are performed under a written contract
8    between the individual and the person or firm for whom the
9    services are performed, and the contract provides that the
10    individual will not be treated as an employee for federal
11    tax purposes. The factors to be considered in the
12    determination of employment are limited to the following
13    taken in the disjunctive, not in the conjunctive. Not every
14    factor must be satisfied in order to determine that an
15    independent contractor relationship exists.
16            (a) The individual gains the profits and bears the
17        losses of the business enterprise.
18            (b) The employing unit does not represent the
19        individual as an employee of the firm to its customers.
20            (c) The individual hires his or her own helpers or
21        employees, without the employing unit's approval, and
22        pays them without reimbursement from the employing
23        unit.
24            (d) The individual has the right to perform similar
25        services for others on whatever basis and whenever he
26        or she chooses.

 

 

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1            (e) Once the individual leaves the premises of the
2        newspaper or printing plant, the individual operates
3        free from the direction and control of the newspaper,
4        except as is necessary for the newspaper to ensure
5        quality control of the newspaper, including, but not
6        limited to, the condition of the newspapers upon
7        delivery and the location and timing of delivery of the
8        newspapers.
9    (3) Delivery or distribution to the ultimate consumer does
10not include:
11            (i) delivery or distribution for sale or resale,
12        including, but not limited to, distribution to a
13        newsrack or newsbox, salesperson, newsstand or retail
14        establishment;
15            (ii) distribution for further distribution,
16        regardless of subsequent sale or resale.
17    (D) Subsection (C) shall not apply in the case of any
18individual who provides delivery or distribution services for a
19newspaper pursuant to the terms of a collective bargaining
20agreement and shall not be construed to alter or amend the
21application or interpretation of any existing collective
22bargaining agreement. Further, subsection (C) shall not be
23construed as evidence of the existence or non-existence of an
24employment relationship under any other Sections of this Act or
25other existing laws.
26    (E) Subsections (B) and (C) shall not apply to services

 

 

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1that are required to be covered as a condition of approval of
2this Act by the United States Secretary of Labor under Section
33304 (a)(6)(A) of the Federal Unemployment Tax Act.
4(Source: P.A. 87-1178.)".