Bill Text: IL HB4733 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 4733
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| 2 | AMENDMENT NO. ______. Amend House Bill 4733 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Unemployment Insurance Act is amended by | ||||||
| 5 | changing Section 225 as follows:
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| 6 | (820 ILCS 405/225) (from Ch. 48, par. 335)
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| 7 | Sec. 225.
This Section, and not Section 212 of this Act, | ||||||
| 8 | controls the determination of employment
status for services | ||||||
| 9 | performed by individuals in the delivery or distribution of | ||||||
| 10 | shopping news. | ||||||
| 11 | (A) The term "employment" shall not include services | ||||||
| 12 | performed
by an
individual under the age of eighteen in the | ||||||
| 13 | delivery or distribution of
newspapers or shopping news.
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| 14 | (B) The term "employment" does not include the performance | ||||||
| 15 | of
freelance editorial or photographic work for a newspaper.
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| 16 | (C) The term "employment" does not include the delivery or | ||||||
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| 1 | distribution of
newspapers or shopping news to the ultimate | ||||||
| 2 | consumer if:
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| 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
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| 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
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| 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
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| 6 | limited to, the condition of the newspapers upon | ||||||
| 7 | delivery and the location and timing of
delivery of the | ||||||
| 8 | newspapers.
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| 9 | (3) Delivery or distribution to the ultimate consumer does | ||||||
| 10 | not include:
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| 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;
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| 15 | (ii) distribution for further distribution, | ||||||
| 16 | regardless of subsequent sale or resale.
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| 17 | (D) Subsection (C) shall not apply in the case of any | ||||||
| 18 | individual who
provides delivery or distribution services for a | ||||||
| 19 | newspaper pursuant to the
terms of a collective bargaining | ||||||
| 20 | agreement and shall not be construed to
alter or amend the | ||||||
| 21 | application or interpretation of any existing collective
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| 22 | bargaining agreement. Further, subsection (C) shall not be | ||||||
| 23 | construed as
evidence of the existence or non-existence of an | ||||||
| 24 | employment relationship
under any other Sections of this Act or
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| 25 | other existing laws.
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| 26 | (E) Subsections (B) and (C) shall not apply to services | ||||||
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| 1 | that are required
to be covered as a condition of approval of | ||||||
| 2 | this Act by the United States
Secretary of Labor under Section | ||||||
| 3 | 3304 (a)(6)(A) of the Federal Unemployment Tax
Act.
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| 4 | (Source: P.A. 87-1178.)".
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