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Public Act 91-0591
SB667 Enrolled LRB9101431WHdvA
AN ACT to amend the Workers' Compensation Act by changing
Section 3.
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 business or enterprise defined as a "small
business" under paragraph (b), Section 3 of the Illinois
Small Business Purchasing Act, as amended, and 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.
(Source: P.A. 86-998.)
Section 99. This Act takes effect upon becoming law.
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