Full Text of SB2905 95th General Assembly
SB2905 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2905
Introduced 2/15/2008, by Sen. Gary Forby SYNOPSIS AS INTRODUCED: |
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820 ILCS 305/3 |
from Ch. 48, par. 138.3 |
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Amends the Workers' Compensation Act. Provides that nothing contained in the Act shall be construed to apply to a sole proprietor who elects not to provide and pay compensation for
accidental injuries sustained by himself or herself, arising out of and in the course
of the employment according to the provisions of the Act who files a form as prescribed by the Illinois Workers' Compensation Commission specifically indicating that he or she elects not be covered by the Act. Provides that the election shall take effect 30 days after the filing of such form with the Commission.
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A BILL FOR
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SB2905 |
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LRB095 16968 WGH 43014 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Workers' Compensation Act is amended by | 5 |
| changing Section 3 as follows:
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| (820 ILCS 305/3) (from Ch. 48, par. 138.3)
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| Sec. 3. The provisions of this Act hereinafter following | 8 |
| shall apply
automatically and without election to the State, | 9 |
| county, city, town,
township, incorporated village or school | 10 |
| district, body politic or
municipal corporation, and to all | 11 |
| employers and all their employees,
engaged in any department of | 12 |
| the following enterprises or
businesses which are declared to | 13 |
| be extra hazardous, namely:
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| 1. The erection, maintaining, removing, remodeling, | 15 |
| altering or
demolishing of any structure.
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| 2. Construction, excavating or electrical work.
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| 3. Carriage by land, water or aerial service and loading or
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| unloading in connection therewith, including the distribution | 19 |
| of any
commodity by horsedrawn or motor vehicle where the | 20 |
| employer employs more
than 2 employees in the enterprise or | 21 |
| business.
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| 4. The operation of any warehouse or general or terminal | 23 |
| storehouses.
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SB2905 |
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LRB095 16968 WGH 43014 b |
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| 5. Mining, surface mining or quarrying.
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| 6. Any enterprise in which explosive materials are | 3 |
| manufactured,
handled or used in dangerous quantities.
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| 7. In any business or enterprise, wherein molten metal, or | 5 |
| explosive
or injurious gases, dusts or vapors, or inflammable | 6 |
| vapors, dusts or
fluids, corrosive acids, or atomic radiation | 7 |
| are manufactured, used,
generated, stored or conveyed.
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| 8. Any enterprise in which sharp edged cutting tools, | 9 |
| grinders or
implements are used, including all enterprises | 10 |
| which buy, sell or handle
junk and salvage, demolish or | 11 |
| reconstruct machinery.
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| 9. In any enterprise in which statutory or municipal | 13 |
| ordinance
regulations are now or shall hereafter be imposed for | 14 |
| the regulating,
guarding, use or the placing of machinery or | 15 |
| appliances or for the
protection and safeguarding of the | 16 |
| employees or the public therein; each
of which occupations, | 17 |
| enterprises or businesses are hereby declared to
be extra | 18 |
| hazardous.
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| 10. Any enterprise, business or work in connection with the | 20 |
| laying
out or improvement of subdivisions of tracts of land.
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| 11. Any enterprise for the treatment of cross-ties, | 22 |
| switch-ties,
telegraph poles, timber or other wood with | 23 |
| creosote or other
preservatives.
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| 12. Establishments open to the general public wherein | 25 |
| alcoholic
beverages are sold to the general public for | 26 |
| consumption on the
premises.
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LRB095 16968 WGH 43014 b |
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| 13. The operation of any public beauty shop wherein
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| chemicals, solutions, or heated instruments or objects are used | 3 |
| or
applied by any employee in the dressing, treatment or waving | 4 |
| of human
hair.
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| 14. Any business or enterprise serving food to the public | 6 |
| for
consumption on the premises wherein any employee as a | 7 |
| substantial part
of the employee's work uses handcutting | 8 |
| instruments or slicing machines or
other devices for the | 9 |
| cutting of meat or other food or wherein any employee
is in the | 10 |
| hazard of being scalded or burned by hot grease, hot water, hot
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| foods, or other hot fluids, substances or objects.
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| 15. Any business or enterprise in which electric, gasoline | 13 |
| or other
power driven equipment is used in the operation | 14 |
| thereof.
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| 16. Any business or enterprise in which goods, wares or | 16 |
| merchandise
are produced, manufactured or fabricated.
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| 17. (a) Any business or enterprise in which goods, wares or | 18 |
| merchandise
are sold or in which services are rendered to the | 19 |
| public at large,
provided that this paragraph shall not apply | 20 |
| to
such business or enterprise unless the annual payroll during | 21 |
| the year
next preceding the date of injury shall be in excess | 22 |
| of $1,000.
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| (b) The corporate
officers of any
domestic or foreign | 24 |
| corporation employed by the corporation may elect to
withdraw | 25 |
| themselves
as individuals from the operation of this Act. Upon | 26 |
| an election by the
corporate
officers to withdraw, written |
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| notice shall be provided to the insurance
carrier of such | 2 |
| election to withdraw, which election shall be effective
upon | 3 |
| receipt by the insurance carrier of such
written notice. A | 4 |
| corporate officer who thereafter elects to resume coverage
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| under the Act as an individual shall provide written notice of | 6 |
| such election
to the insurance carrier which election shall be | 7 |
| effective upon receipt by the
insurance carrier of such written | 8 |
| notice. For the purpose of this paragraph,
a "corporate | 9 |
| officer" is defined as a bona fide President, Vice President,
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| Secretary or Treasurer of a corporation who voluntarily elects | 11 |
| to withdraw.
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| 18. On and after July 1, 1980, but not before, any | 13 |
| household or residence
wherein domestic workers are employed | 14 |
| for a total of 40 or
more hours per week for a period of 13 or | 15 |
| more weeks during a calendar year.
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| 19. Nothing contained in this Act shall be construed to | 17 |
| apply to any
agricultural enterprise, including aquaculture, | 18 |
| employing less than 400
working days of
agricultural or | 19 |
| aquacultural labor per quarter during the preceding calendar
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| year,
exclusive of working hours of the employer's spouse and | 21 |
| other members of
his or her immediate family residing with him | 22 |
| or her.
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| 20. Nothing contained in this Act shall be construed to | 24 |
| apply to any sole
proprietor or partner
or member of a limited | 25 |
| liability company
who elects not to provide and pay | 26 |
| compensation for
accidental injuries sustained by himself, |
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LRB095 16968 WGH 43014 b |
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| arising out of and in the course
of the employment according to | 2 |
| the provisions of this Act.
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| 21. Nothing contained in this Act shall be construed to | 4 |
| apply to any sole proprietor who elects not to provide and pay | 5 |
| compensation for
accidental injuries sustained by himself or | 6 |
| herself, arising out of and in the course
of the employment | 7 |
| according to the provisions of this Act who files a form as | 8 |
| prescribed by the Commission specifically indicating that he or | 9 |
| she elects not be covered by this Act. Such election shall take | 10 |
| effect 30 days after the filing of such form with the | 11 |
| Commission.
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| (Source: P.A. 91-591, eff. 8-14-99.)
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