(a) The term “employment” shall not include services performed by an individual as an operator of a truck, truck-tractor, or tractor, provided the person or entity to which the individual is contracted for service shows that the individual:
        (1) Is either:
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Terms Used In Illinois Compiled Statutes 820 ILCS 405/212.1

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Personal property: All property that is not real property.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

            (i) Registered or licensed as a motor carrier of
        
real or personal property by the Illinois Commerce Commission, the Interstate Commerce Commission, or any successor agencies, or
            (ii) Operating the equipment under an
        
owner-operator lease contract with the person or entity, when the person or entity is registered, licensed, or both, as a motor carrier of real or personal property licensed by the Illinois Commerce Commission, the Interstate Commerce Commission, or any successor agencies; and
        (2) Has the right to terminate the lease contract and
    
thereafter has the right to perform the same or similar services, on whatever basis and whenever he or she chooses, for persons or entities other than the person or entity to which the individual is contracted for services;
        (3) Is not required by the person or entity to which
    
the individual is contracted for services to perform services, or be available to perform services, at specific times or according to a schedule or for a number of hours specified by the person or entity, provided that pickup or delivery times specified by a shipper or receiver shall not be deemed specified by the person or entity;
        (4) Either leases the equipment or holds title to the
    
equipment, provided that the individual or entity from which the equipment is leased, or which holds any security or other interest in the equipment, is not:
            (i) The person or entity to which the individual
        
is contracted for service, or
            (ii) Owned, controlled, or operated by or in
        
common with, to any extent, whether directly or indirectly, the person or entity to which the individual is contracted for services or a family member of a shareholder, owner, or partner of the person or entity;
        (5) Pays all costs of licensing and operating the
    
equipment (except when federal or State law or regulation requires the carrier to pay), and the costs are not separately reimbursed by any other individual or entity; and
        (6) Maintains a separate business identity, offering
    
or advertising his or her services to the public, by displaying its name and address on the equipment or otherwise.
    (b) Subsection (a) shall not apply:
        (1) If, as a condition for retaining the individual’s
    
services, the person or entity to which the individual is contracted specifies the person or entity from which the equipment is to be leased or purchased; or
        (2) To any 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.
    (c) Nothing in this Section shall be construed or used to effect the existence or non-existence of an employment relationship other than for purposes of this Act.
     (d) For purposes of this Section:
        (1) “Family member” means any parent, sibling, child,
    
sibling of a parent, or any of the foregoing relations by marriage.
        (2) “Ownership”, “control”, or “operation” may be
    
through any one or more natural persons or proxies, powers of attorney, nominees, proprietorships, partnerships, associations, corporations, trusts, joint stock companies, or other entities or devices, or any combination thereof.
        (3) “Person or entity” means a sole proprietorship,
    
partnership, association, corporation, or any other legal entity.
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