Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0082 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0082 Introduced 1/20/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 820 ILCS 185/5 Amends the Employee Classification Act. Changes the definition of "performing services" to include the movement by truck of property, goods, materials, or equipment, including, but not limited to, construction related materials on the job site to or from the job site. Defines "truck" as any motor vehicle designed, used, or maintained primarily for the transportation of property, goods, materials, or equipment in furtherance of a commercial or industrial enterprise. LRB103 25488 SPS 51837 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0082 Introduced 1/20/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 820 ILCS 185/5 820 ILCS 185/5 Amends the Employee Classification Act. Changes the definition of "performing services" to include the movement by truck of property, goods, materials, or equipment, including, but not limited to, construction related materials on the job site to or from the job site. Defines "truck" as any motor vehicle designed, used, or maintained primarily for the transportation of property, goods, materials, or equipment in furtherance of a commercial or industrial enterprise. LRB103 25488 SPS 51837 b LRB103 25488 SPS 51837 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0082 Introduced 1/20/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 185/5 820 ILCS 185/5
4	4	820 ILCS 185/5
5	5	Amends the Employee Classification Act. Changes the definition of "performing services" to include the movement by truck of property, goods, materials, or equipment, including, but not limited to, construction related materials on the job site to or from the job site. Defines "truck" as any motor vehicle designed, used, or maintained primarily for the transportation of property, goods, materials, or equipment in furtherance of a commercial or industrial enterprise.
6	6	LRB103 25488 SPS 51837 b LRB103 25488 SPS 51837 b
7	7	LRB103 25488 SPS 51837 b
8	8	A BILL FOR
9	9	SB0082LRB103 25488 SPS 51837 b SB0082 LRB103 25488 SPS 51837 b
10	10	SB0082 LRB103 25488 SPS 51837 b
11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Employee Classification Act is amended by
15	15	5 changing Section 5 as follows:
16	16	6 (820 ILCS 185/5)
17	17	7 Sec. 5. Definitions. As used in this Act:
18	18	8 "Construction" means any constructing, altering,
19	19	9 reconstructing, repairing, rehabilitating, refinishing,
20	20	10 refurbishing, remodeling, remediating, renovating, custom
21	21	11 fabricating, maintenance, landscaping, improving, wrecking,
22	22	12 painting, decorating, demolishing, and adding to or
23	23	13 subtracting from any building, structure, highway, roadway,
24	24	14 street, bridge, alley, sewer, ditch, sewage disposal plant,
25	25	15 water works, parking facility, railroad, excavation or other
26	26	16 structure, project, development, real property or improvement,
27	27	17 or to do any part thereof, whether or not the performance of
28	28	18 the work herein described involves the addition to, or
29	29	19 fabrication into, any structure, project, development, real
30	30	20 property or improvement herein described of any material or
31	31	21 article of merchandise. Construction shall also include moving
32	32	22 construction related materials on the job site to or from the
33	33	23 job site.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0082 Introduced 1/20/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 185/5 820 ILCS 185/5
39	39	820 ILCS 185/5
40	40	Amends the Employee Classification Act. Changes the definition of "performing services" to include the movement by truck of property, goods, materials, or equipment, including, but not limited to, construction related materials on the job site to or from the job site. Defines "truck" as any motor vehicle designed, used, or maintained primarily for the transportation of property, goods, materials, or equipment in furtherance of a commercial or industrial enterprise.
41	41	LRB103 25488 SPS 51837 b LRB103 25488 SPS 51837 b
42	42	LRB103 25488 SPS 51837 b
43	43	A BILL FOR
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49	49	820 ILCS 185/5
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68	68	1 "Contractor" means any individual, sole proprietor,
69	69	2 partnership, firm, corporation, limited liability company,
70	70	3 association or other legal entity permitted by law to do
71	71	4 business within the State of Illinois who engages in
72	72	5 construction as defined in this Act.
73	73	6 "Contractor" includes a general contractor and a
74	74	7 subcontractor.
75	75	8 "Department" means the Department of Labor.
76	76	9 "Director" means the Director of the Department of Labor.
77	77	10 "Employer" means any contractor that employs individuals
78	78	11 deemed employees under Section 10 of this Act; however,
79	79	12 "employer" does not include (i) the State of Illinois or its
80	80	13 officers, agencies, or political subdivisions or (ii) the
81	81	14 federal government.
82	82	15 "Entity" means any contractor for which an individual is
83	83	16 performing services and is not classified as an employee under
84	84	17 Section 10 of this Act; however, "entity" does not include (i)
85	85	18 the State of Illinois or its officers, agencies, or political
86	86	19 subdivisions or (ii) the federal government.
87	87	20 "Interested party" means a person with an interest in
88	88	21 compliance with this Act.
89	89	22 "Performing services" means the performance of any
90	90	23 constructing, altering, reconstructing, repairing,
91	91	24 rehabilitating, refinishing, refurbishing, remodeling,
92	92	25 remediating, renovating, custom fabricating, maintenance,
93	93	26 landscaping, improving, wrecking, painting, decorating,
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104	104	1 demolishing, and adding to or subtracting from any building,
105	105	2 structure, highway, roadway, street, bridge, alley, sewer,
106	106	3 ditch, sewage disposal plant, water works, parking facility,
107	107	4 railroad, excavation or other structure, project, development,
108	108	5 real property or improvement, or to do any part thereof,
109	109	6 whether or not the performance of the work herein described
110	110	7 involves the addition to, or fabrication into, any structure,
111	111	8 project, development, real property or improvement herein
112	112	9 described of any material or article of merchandise.
113	113	10 "Performing services" Construction shall also include the
114	114	11 movement by truck of property, goods, materials, or equipment,
115	115	12 including, but not limited to, moving construction related
116	116	13 materials on the job site to or from the job site.
117	117	14 "Truck" means any motor vehicle designed, used, or
118	118	15 maintained primarily for the transportation of property,
119	119	16 goods, materials, or equipment in furtherance of a commercial
120	120	17 or industrial enterprise.
121	121	18 (Source: P.A. 98-106, eff. 1-1-14.)
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