Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0035 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0035 Introduced 1/13/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 820 ILCS 305/3 from Ch. 48, par. 138.3 Amends the Workers' Compensation Act. Provides that the provisions of the Act shall apply automatically and without election to all employers and all their employees, including, but not limited to, sole proprietors and general contractors and their subcontractors (currently, all employers and all their employees), engaged in any department enterprises or businesses which are declared to be extra hazardous. Removes a provision that the Act shall not 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 the Act. Provides that the definition of "corporate officer" does not include a sole proprietor. LRB104 02990 SPS 13008 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0035 Introduced 1/13/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 820 ILCS 305/3 from Ch. 48, par. 138.3 820 ILCS 305/3 from Ch. 48, par. 138.3 Amends the Workers' Compensation Act. Provides that the provisions of the Act shall apply automatically and without election to all employers and all their employees, including, but not limited to, sole proprietors and general contractors and their subcontractors (currently, all employers and all their employees), engaged in any department enterprises or businesses which are declared to be extra hazardous. Removes a provision that the Act shall not 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 the Act. Provides that the definition of "corporate officer" does not include a sole proprietor. LRB104 02990 SPS 13008 b LRB104 02990 SPS 13008 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0035 Introduced 1/13/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 305/3 from Ch. 48, par. 138.3 820 ILCS 305/3 from Ch. 48, par. 138.3
4	4	820 ILCS 305/3 from Ch. 48, par. 138.3
5	5	Amends the Workers' Compensation Act. Provides that the provisions of the Act shall apply automatically and without election to all employers and all their employees, including, but not limited to, sole proprietors and general contractors and their subcontractors (currently, all employers and all their employees), engaged in any department enterprises or businesses which are declared to be extra hazardous. Removes a provision that the Act shall not 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 the Act. Provides that the definition of "corporate officer" does not include a sole proprietor.
6	6	LRB104 02990 SPS 13008 b LRB104 02990 SPS 13008 b
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8	8	A BILL FOR
9	9	SB0035LRB104 02990 SPS 13008 b SB0035 LRB104 02990 SPS 13008 b
10	10	SB0035 LRB104 02990 SPS 13008 b
11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Workers' Compensation Act is amended by
15	15	5 changing Section 3 as follows:
16	16	6 (820 ILCS 305/3) (from Ch. 48, par. 138.3)
17	17	7 Sec. 3. The provisions of this Act hereinafter following
18	18	8 shall apply automatically and without election to the State,
19	19	9 county, city, town, township, incorporated village or school
20	20	10 district, body politic or municipal corporation, and to all
21	21	11 employers and all their employees, including, but not limited
22	22	12 to, sole proprietors and general contractors and their
23	23	13 subcontractors, engaged in any department of the following
24	24	14 enterprises or businesses which are declared to be extra
25	25	15 hazardous, namely:
26	26	16 1. The erection, maintaining, removing, remodeling,
27	27	17 altering or demolishing of any structure.
28	28	18 2. Construction, excavating or electrical work.
29	29	19 3. Carriage by land, water or aerial service and loading
30	30	20 or unloading in connection therewith, including the
31	31	21 distribution of any commodity by horsedrawn or motor vehicle
32	32	22 where the employer employs more than 2 employees in the
33	33	23 enterprise or business.
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0035 Introduced 1/13/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 305/3 from Ch. 48, par. 138.3 820 ILCS 305/3 from Ch. 48, par. 138.3
39	39	820 ILCS 305/3 from Ch. 48, par. 138.3
40	40	Amends the Workers' Compensation Act. Provides that the provisions of the Act shall apply automatically and without election to all employers and all their employees, including, but not limited to, sole proprietors and general contractors and their subcontractors (currently, all employers and all their employees), engaged in any department enterprises or businesses which are declared to be extra hazardous. Removes a provision that the Act shall not 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 the Act. Provides that the definition of "corporate officer" does not include a sole proprietor.
41	41	LRB104 02990 SPS 13008 b LRB104 02990 SPS 13008 b
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43	43	A BILL FOR
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68	68	1 4. The operation of any warehouse or general or terminal
69	69	2 storehouses.
70	70	3 5. Mining, surface mining or quarrying.
71	71	4 6. Any enterprise in which explosive materials are
72	72	5 manufactured, handled or used in dangerous quantities.
73	73	6 7. In any business or enterprise, wherein molten metal, or
74	74	7 explosive or injurious gases, dusts or vapors, or inflammable
75	75	8 vapors, dusts or fluids, corrosive acids, or atomic radiation
76	76	9 are manufactured, used, generated, stored or conveyed.
77	77	10 8. Any enterprise in which sharp edged cutting tools,
78	78	11 grinders or implements are used, including all enterprises
79	79	12 which buy, sell or handle junk and salvage, demolish or
80	80	13 reconstruct machinery.
81	81	14 9. In any enterprise in which statutory or municipal
82	82	15 ordinance regulations are now or shall hereafter be imposed
83	83	16 for the regulating, guarding, use or the placing of machinery
84	84	17 or appliances or for the protection and safeguarding of the
85	85	18 employees or the public therein; each of which occupations,
86	86	19 enterprises or businesses are hereby declared to be extra
87	87	20 hazardous.
88	88	21 10. Any enterprise, business or work in connection with
89	89	22 the laying out or improvement of subdivisions of tracts of
90	90	23 land.
91	91	24 11. Any enterprise for the treatment of cross-ties,
92	92	25 switch-ties, telegraph poles, timber or other wood with
93	93	26 creosote or other preservatives.
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104	104	1 12. Establishments open to the general public wherein
105	105	2 alcoholic beverages are sold to the general public for
106	106	3 consumption on the premises.
107	107	4 13. The operation of any public beauty shop wherein
108	108	5 chemicals, solutions, or heated instruments or objects are
109	109	6 used or applied by any employee in the dressing, treatment or
110	110	7 waving of human hair.
111	111	8 14. Any business or enterprise serving food to the public
112	112	9 for consumption on the premises wherein any employee as a
113	113	10 substantial part of the employee's work uses handcutting
114	114	11 instruments or slicing machines or other devices for the
115	115	12 cutting of meat or other food or wherein any employee is in the
116	116	13 hazard of being scalded or burned by hot grease, hot water, hot
117	117	14 foods, or other hot fluids, substances or objects.
118	118	15 15. Any business or enterprise in which electric, gasoline
119	119	16 or other power driven equipment is used in the operation
120	120	17 thereof.
121	121	18 16. Any business or enterprise in which goods, wares or
122	122	19 merchandise are produced, manufactured or fabricated.
123	123	20 17. (a) Any business or enterprise in which goods, wares
124	124	21 or merchandise are sold or in which services are rendered to
125	125	22 the public at large, provided that this paragraph shall not
126	126	23 apply to such business or enterprise unless the annual payroll
127	127	24 during the year next preceding the date of injury shall be in
128	128	25 excess of $1,000.
129	129	26 (b) The corporate officers of any domestic or foreign
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140	140	1 corporation employed by the corporation may elect to withdraw
141	141	2 themselves as individuals from the operation of this Act. Upon
142	142	3 an election by the corporate officers to withdraw, written
143	143	4 notice shall be provided to the insurance carrier of such
144	144	5 election to withdraw, which election shall be effective upon
145	145	6 receipt by the insurance carrier of such written notice. A
146	146	7 corporate officer who thereafter elects to resume coverage
147	147	8 under the Act as an individual shall provide written notice of
148	148	9 such election to the insurance carrier which election shall be
149	149	10 effective upon receipt by the insurance carrier of such
150	150	11 written notice. For the purpose of this paragraph, a
151	151	12 "corporate officer" is defined as a bona fide President, Vice
152	152	13 President, Secretary or Treasurer of a corporation who
153	153	14 voluntarily elects to withdraw. For the purpose of this
154	154	15 paragraph, "corporate officer" does not include a sole
155	155	16 proprietor.
156	156	17 18. On and after July 1, 1980, but not before, any
157	157	18 household or residence wherein domestic workers are employed
158	158	19 for a total of 40 or more hours per week for a period of 13 or
159	159	20 more weeks during a calendar year.
160	160	21 19. Nothing contained in this Act shall be construed to
161	161	22 apply to any agricultural enterprise, including aquaculture,
162	162	23 employing less than 400 working days of agricultural or
163	163	24 aquacultural labor per quarter during the preceding calendar
164	164	25 year, exclusive of working hours of the employer's spouse and
165	165	26 other members of his or her immediate family residing with him
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