Bill Text: IL SB1147 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Employee Washroom Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Republican 21-3)
Status: (Passed) 2011-08-08 - Public Act . . . . . . . . . 97-0276 [SB1147 Detail]
Download: Illinois-2011-SB1147-Amended.html
Bill Title: Amends the Employee Washroom Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Republican 21-3)
Status: (Passed) 2011-08-08 - Public Act . . . . . . . . . 97-0276 [SB1147 Detail]
Download: Illinois-2011-SB1147-Amended.html
| |||||||
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | becoming law.".
|