Bill Text: IL HB4733 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Engrossed - Dead) 2014-12-04 - Remove Chief Co-Sponsor Rep. David R. Leitch [HB4733 Detail]

Download: Illinois-2013-HB4733-Introduced.html

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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
HB4733 LRB098 16645 JLS 51713 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unemployment Insurance Act is amended by
changing Section 225 as follows:
(820 ILCS 405/225) (from Ch. 48, par. 335)
Sec. 225. (A) The term "employment" shall not include
services performed by an individual under the age of eighteen
in the delivery or distribution of newspapers or shopping news.
(B) The term "employment" does not include the performance
of freelance editorial or photographic work for a newspaper.
(C) The term "employment" does not include the delivery or
distribution of newspapers or shopping news to the ultimate
consumer if:
(1) substantially all of the remuneration for the
performance of the services is directly related to sales,
"per piece" fees, or other output, rather than to the
number of hours worked; and
(2) the services are performed under a written contract
between the individual and the person or firm for whom the
services are performed, and the contract provides that the
individual will not be treated as an employee for federal
tax purposes.

HB4733 - 2 - LRB098 16645 JLS 51713 b
(3) Delivery or distribution to the ultimate consumer
does not include:
(i) delivery or distribution for sale or resale,
including, but not limited to, distribution to a
newsrack or newsbox, salesperson, newsstand or retail
establishment;
(ii) distribution for further distribution,
regardless of subsequent sale or resale.
(D) Subsection (C) shall not apply in the case of any
individual who provides delivery or distribution services for a
newspaper pursuant to the terms of a collective bargaining
agreement and shall not be construed to alter or amend the
application or interpretation of any existing collective
bargaining agreement. Further, subsection (C) shall not be
construed as evidence of the existence or non-existence of an
employment relationship under any other Sections of this Act or
other existing laws.
(E) Subsections (B) and (C) shall not apply to services
that are required to be covered as a condition of approval of
this Act by the United States Secretary of Labor under Section
3304 (a)(6)(A) of the Federal Unemployment Tax Act.
(Source: P.A. 87-1178.)
Section 99. Effective date. This Act takes effect upon
becoming law.