State of Illinois
91st General Assembly
Legislation

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91_SB0667eng

 
SB667 Engrossed                               LRB9101431WHdvA

 1        AN ACT to amend the Workers' Compensation Act by changing
 2    Section 3.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Workers' Compensation Act is  amended  by
 6    changing Section 3 as follows:

 7        (820 ILCS 305/3) (from Ch. 48, par. 138.3)
 8        Sec. 3.  The provisions of this Act hereinafter following
 9    shall  apply automatically and without election to the State,
10    county, city, town, township, incorporated village or  school
11    district,  body  politic or municipal corporation, and to all
12    employers and all their employees, engaged in any  department
13    of the following enterprises or businesses which are declared
14    to be extra hazardous, namely:
15        1.   The  erection,  maintaining,  removing,  remodeling,
16    altering or demolishing of any structure.
17        2.  Construction, excavating or electrical work.
18        3.  Carriage by land, water or aerial service and loading
19    or   unloading   in   connection   therewith,  including  the
20    distribution of any commodity by horsedrawn or motor  vehicle
21    where  the  employer  employs  more  than  2 employees in the
22    enterprise or business.
23        4.  The operation of any warehouse or general or terminal
24    storehouses.
25        5.  Mining, surface mining or quarrying.
26        6.  Any  enterprise  in  which  explosive  materials  are
27    manufactured, handled or used in dangerous quantities.
28        7.  In any business or enterprise, wherein molten  metal,
29    or   explosive  or  injurious  gases,  dusts  or  vapors,  or
30    inflammable vapors, dusts  or  fluids,  corrosive  acids,  or
31    atomic radiation are manufactured, used, generated, stored or
 
SB667 Engrossed             -2-               LRB9101431WHdvA
 1    conveyed.
 2        8.  Any  enterprise  in  which sharp edged cutting tools,
 3    grinders or implements are used,  including  all  enterprises
 4    which  buy,  sell  or  handle  junk  and salvage, demolish or
 5    reconstruct machinery.
 6        9.  In any enterprise in  which  statutory  or  municipal
 7    ordinance  regulations  are now or shall hereafter be imposed
 8    for the regulating, guarding, use or the placing of machinery
 9    or appliances or for the protection and safeguarding  of  the
10    employees  or  the public therein; each of which occupations,
11    enterprises or businesses are hereby  declared  to  be  extra
12    hazardous.
13        10.  Any  enterprise, business or work in connection with
14    the laying out or improvement of subdivisions  of  tracts  of
15    land.
16        11.  Any  enterprise  for  the  treatment  of cross-ties,
17    switch-ties, telegraph  poles,  timber  or  other  wood  with
18    creosote or other preservatives.
19        12.  Establishments  open  to  the general public wherein
20    alcoholic beverages  are  sold  to  the  general  public  for
21    consumption on the premises.
22        13.  The  operation  of  any  public  beauty shop wherein
23    chemicals, solutions, or heated instruments  or  objects  are
24    used or applied by any employee in the dressing, treatment or
25    waving of human hair.
26        14.  Any  business  or  enterprise  serving  food  to the
27    public for consumption on the premises wherein  any  employee
28    as a substantial part of the employee's work uses handcutting
29    instruments  or  slicing  machines  or  other devices for the
30    cutting of meat or other food or wherein any employee  is  in
31    the  hazard  of  being  scalded  or burned by hot grease, hot
32    water, hot foods, or other hot fluids, substances or objects.
33        15.  Any  business  or  enterprise  in  which   electric,
34    gasoline  or  other  power  driven  equipment  is used in the
 
SB667 Engrossed             -3-               LRB9101431WHdvA
 1    operation thereof.
 2        16.  Any business or enterprise in which goods, wares  or
 3    merchandise are produced, manufactured or fabricated.
 4        17.  (a) Any business or enterprise in which goods, wares
 5    or  merchandise are sold or in which services are rendered to
 6    the public at large, provided that this paragraph  shall  not
 7    apply  to  such  business  or  enterprise  unless  the annual
 8    payroll during the year next preceding  the  date  of  injury
 9    shall be in excess of $1,000.
10        (b)  The  corporate  officers  of any domestic or foreign
11    corporation  business  or  enterprise  defined  as  a  "small
12    business" under paragraph (b),  Section  3  of  the  Illinois
13    Small  Business  Purchasing  Act, as amended, and employed by
14    the  corporation  may  elect  to   withdraw   themselves   as
15    individuals  from the operation of this Act. Upon an election
16    by the corporate officers to withdraw, written  notice  shall
17    be  provided  to  the  insurance  carrier of such election to
18    withdraw, which election shall be effective upon  receipt  by
19    the  insurance  carrier  of  such written notice. A corporate
20    officer who thereafter elects to resume  coverage  under  the
21    Act  as  an  individual  shall provide written notice of such
22    election to the insurance carrier  which  election  shall  be
23    effective  upon  receipt  by  the  insurance  carrier of such
24    written  notice.   For  the  purpose  of  this  paragraph,  a
25    "corporate officer" is defined as a bona fide President, Vice
26    President,  Secretary  or  Treasurer  of  a  corporation  who
27    voluntarily elects to withdraw.
28        18.  On and after July  1,  1980,  but  not  before,  any
29    household  or residence wherein domestic workers are employed
30    for a total of 40 or more hours per week for a period  of  13
31    or more weeks during a calendar year.
32        19.  Nothing  contained in this Act shall be construed to
33    apply to any agricultural enterprise, including  aquaculture,
34    employing  less  than  400  working  days  of agricultural or
 
SB667 Engrossed             -4-               LRB9101431WHdvA
 1    aquacultural labor per quarter during the preceding  calendar
 2    year, exclusive of working hours of the employer's spouse and
 3    other  members  of  his or her immediate family residing with
 4    him or her.
 5        20.  Nothing contained in this Act shall be construed  to
 6    apply  to  any  sole  proprietor  or  partner  or member of a
 7    limited liability company who elects not to provide  and  pay
 8    compensation  for  accidental  injuries sustained by himself,
 9    arising out of and in the course of the employment  according
10    to  the  provisions of this Act. A sole proprietor or partner
11    or member of a limited liability company who  elects  not  to
12    provide  and  pay  for  workers'  compensation  coverage  for
13    himself  or  herself  shall file a waiver with the Industrial
14    Commission.  The Industrial Commission  shall  prescribe  the
15    form and content of the waiver.
16    (Source: P.A. 86-998.)

17        Section 99.  This Act takes effect upon becoming law.

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