Full Text of SB1147 97th General Assembly
SB1147sam003 97TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 4/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 1147
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1147, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Workers' Compensation Act is amended by | 6 | | changing Section 11 as follows:
| 7 | | (820 ILCS 305/11) (from Ch. 48, par. 138.11)
| 8 | | Sec. 11. The compensation herein provided, together with | 9 | | the
provisions of this Act, shall be the measure of the | 10 | | responsibility of
any employer engaged in any of the | 11 | | enterprises or businesses enumerated
in Section 3 of this Act, | 12 | | or of any employer who is not engaged in any
such enterprises | 13 | | or businesses, but who has elected to provide and pay
| 14 | | compensation for accidental injuries sustained by any employee | 15 | | arising
out of and in the course of the employment according to | 16 | | the provisions
of this Act, and whose election to continue |
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| 1 | | under this Act, has not been
nullified by any action of his | 2 | | employees as provided for in this Act.
| 3 | | Accidental injuries incurred while participating in | 4 | | voluntary recreational
programs including but not limited to | 5 | | athletic events, parties and picnics
do not arise out of and in | 6 | | the course of the employment even though the
employer pays some | 7 | | or all of the cost thereof. This exclusion shall not apply
in | 8 | | the event that the injured employee was ordered or assigned by | 9 | | his employer
to participate in the program.
| 10 | | Notwithstanding any other defense, accidental injuries | 11 | | incurred while the employee is engaged in the active commission | 12 | | of and as a proximate result of the active commission of (a) a | 13 | | forcible felony, (b) aggravated driving under the influence of | 14 | | alcohol, other drug or drugs, or intoxicating compound or | 15 | | compounds, or any combination thereof, or (c) reckless homicide | 16 | | and for which the employee was convicted do not arise out of | 17 | | and in the course of employment if the commission of that | 18 | | forcible felony, aggravated driving under the influence, or | 19 | | reckless homicide caused an accident resulting in the death or | 20 | | severe injury of another person. If an employee is acquitted of | 21 | | a forcible felony, aggravated driving under the influence, or | 22 | | reckless homicide that caused an accident resulting in the | 23 | | death or severe injury of another person or if these charges | 24 | | are dismissed, there shall be no presumption that the employee | 25 | | is eligible for benefits under this Act. No employee shall be | 26 | | entitled to additional compensation under Sections 19(k) or |
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| 1 | | 19(l) of this Act when the employee has been charged with a | 2 | | forcible felony, aggravated driving under the influence, or | 3 | | reckless homicide that caused an accident resulting in the | 4 | | death or severe injury of another person and the employer | 5 | | terminates benefits or refuses to pay benefits to the employee | 6 | | until the termination of any pending criminal proceedings. | 7 | | Accidental injuries incurred while participating as a | 8 | | patient in a drug
or alcohol rehabilitation program do not | 9 | | arise out of and in the course
of employment even though the | 10 | | employer pays some or all of the costs thereof. | 11 | | Any injury to or disease or death of an employee arising | 12 | | from the administration of a vaccine, including without | 13 | | limitation smallpox vaccine, to prepare for, or as a response | 14 | | to, a threatened or potential bioterrorist incident to the | 15 | | employee as part of a voluntary inoculation program in | 16 | | connection with the person's employment or in connection with | 17 | | any governmental program or recommendation for the inoculation | 18 | | of workers in the employee's occupation, geographical area, or | 19 | | other category that includes the employee is deemed to arise | 20 | | out of and in the course of the employment for all purposes | 21 | | under this Act. This paragraph added by this amendatory Act of | 22 | | the 93rd General Assembly is declarative of existing law and is | 23 | | not a new enactment.
| 24 | | (Source: P.A. 93-829, eff. 7-28-04.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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