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90_HB0225
820 ILCS 305/3 from Ch. 48, par. 138.3
Amends the Workers' Compensation Act. Provides that the
corporate officers of a domestic or foreign corporation
(rather than a small business) who are employed by the
corporation may elect to withdraw as individuals from the
operation of the Act. Provides that the Act does not apply
to a member of a limited liability company who elects not to
provide and pay for his or her accidental injuries.
Effective immediately.
LRB9000840WHmg
LRB9000840WHmg
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
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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
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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
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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.
11 (Source: P.A. 86-998.)
12 Section 99. This Act takes effect upon becoming law.