SB2905 95TH GENERAL ASSEMBLY

LRB095 16968 WGH 43014 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2905

Introduced 2/15/2008, by Sen. Gary Forby

SYNOPSIS AS INTRODUCED:

820 ILCS 305/3

from Ch. 48, par. 138.3

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.

A BILL FOR

AN ACT concerning employment.

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

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

(820 ILCS 305/3) (from Ch. 48, par. 138.3)

Sec. 3. The provisions of this Act hereinafter following shall apply automatically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to all employers and all their employees, engaged in any department of the following enterprises or businesses which are declared to be extra hazardous, namely:

1. The erection, maintaining, removing, remodeling, altering or demolishing of any structure.

2. Construction, excavating or electrical work.

3. Carriage by land, water or aerial service and loading or unloading in connection therewith, including the distribution of any commodity by horsedrawn or motor vehicle where the employer employs more than 2 employees in the enterprise or business.

4. The operation of any warehouse or general or terminal storehouses.

5. Mining, surface mining or quarrying.

6. Any enterprise in which explosive materials are manufactured, handled or used in dangerous quantities.

7. In any business or enterprise, wherein molten metal, or explosive or injurious gases, dusts or vapors, or inflammable vapors, dusts or fluids, corrosive acids, or atomic radiation are manufactured, used, generated, stored or conveyed.

8. Any enterprise in which sharp edged cutting tools, grinders or implements are used, including all enterprises which buy, sell or handle junk and salvage, demolish or reconstruct machinery.

9. In any enterprise in which statutory or municipal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances or for the protection and safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous.

10. Any enterprise, business or work in connection with the laying out or improvement of subdivisions of tracts of land.

11. Any enterprise for the treatment of cross-ties, switch-ties, telegraph poles, timber or other wood with creosote or other preservatives.

12. Establishments open to the general public wherein alcoholic beverages are sold to the general public for consumption on the premises.

13. The operation of any public beauty shop wherein chemicals, solutions, or heated instruments or objects are used or applied by any employee in the dressing, treatment or waving of human hair.

14. Any business or enterprise serving food to the public for consumption on the premises wherein any employee as a substantial part of the employee's work uses handcutting instruments or slicing machines or other devices for the cutting of meat or other food or wherein any employee is in the hazard of being scalded or burned by hot grease, hot water, hot foods, or other hot fluids, substances or objects.

15. Any business or enterprise in which electric, gasoline or other power driven equipment is used in the operation thereof.

16. Any business or enterprise in which goods, wares or merchandise are produced, manufactured or fabricated.

17. (a) Any business or enterprise in which goods, wares or merchandise are sold or in which services are rendered to the public at large, provided that this paragraph shall not apply to such business or enterprise unless the annual payroll during the year next preceding the date of injury shall be in excess of $1,000.

(b) The corporate officers of any domestic or foreign corporation employed by the corporation may elect to withdraw themselves as individuals from the operation of this Act. Upon an election by the corporate officers to withdraw, written notice shall be provided to the insurance carrier of such election to withdraw, which election shall be effective upon receipt by the insurance carrier of such written notice. A corporate officer who thereafter elects to resume coverage under the Act as an individual shall provide written notice of such election to the insurance carrier which election shall be effective upon receipt by the insurance carrier of such written notice. For the purpose of this paragraph, a "corporate officer" is defined as a bona fide President, Vice President, Secretary or Treasurer of a corporation who voluntarily elects to withdraw.

18. On and after July 1, 1980, but not before, any household or residence wherein domestic workers are employed for a total of 40 or more hours per week for a period of 13 or more weeks during a calendar year.

19. Nothing contained in this Act shall be construed to apply to any agricultural enterprise, including aquaculture, employing less than 400 working days of agricultural or aquacultural labor per quarter during the preceding calendar year, exclusive of working hours of the employer's spouse and other members of his or her immediate family residing with him or her.

20. Nothing contained in this Act shall be construed to apply to any sole proprietor or partner or member of a limited liability company who elects not to provide and pay compensation for accidental injuries sustained by himself, arising out of and in the course of the employment according to the provisions of this Act.

21. Nothing contained in this Act shall be construed to apply to any 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 this Act who files a form as prescribed by the Commission specifically indicating that he or she elects not be covered by this Act. Such election shall take effect 30 days after the filing of such form with the Commission.

(Source: P.A. 91-591, eff. 8-14-99.)