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| [ Senate Amendment 001 ] |
91_HB3260ham001
LRB9110325WHdvam01
1 AMENDMENT TO HOUSE BILL 3260
2 AMENDMENT NO. . Amend House Bill 3260 by replacing
3 the title with the following:
4 "AN ACT to amend the Unemployment Insurance Act by adding
5 Section 206.1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Unemployment Insurance Act is amended by
9 adding Section 206.1 as follows:
10 (820 ILCS 405/206.1 new)
11 Sec. 206.1. Employment; employee leasing company.
12 A. For purposes of this Section:
13 1. "Client" means an individual or entity which has
14 contracted with an employee leasing company to supply it
15 with or assume responsibility for personnel management of
16 one or more workers to perform services on an on-going
17 basis rather than under a temporary help arrangement, as
18 defined in Section 15 of the Employee Leasing Company
19 Act.
20 2. "Employee leasing company" means an individual
21 or entity which contracts with a client to supply or
-2- LRB9110325WHdvam01
1 assume responsibility for personnel management of one or
2 more workers to perform services for the client on an
3 on-going basis rather than under a temporary help
4 arrangement, as defined in Section 15 of the Employee
5 Leasing Company Act.
6 B. Services performed by an individual under a contract
7 between an employee leasing company and client, including but
8 not limited to services performed in the capacity of a
9 corporate officer of the client, are services in "employment"
10 of the employee leasing company and are not services in
11 "employment" of the client if all of the following conditions
12 are met:
13 1. the employee leasing company pays the individual
14 for the services directly from its own accounts; and
15 2. the employee leasing company, exclusively or in
16 conjunction with the client, retains the right to direct
17 and control the individual in the performance of the
18 services; and
19 3. the employee leasing company, exclusively or in
20 conjunction with the client, retains the right to hire
21 and terminate the individual.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.".