Public Act 096-0873
 		





SB1371 Enrolled
LRB096 10807 ASK 21022 b






    AN ACT concerning regulation.

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




 
    Section 5. The Physical Fitness
Facility
Medical Emergency 
Preparedness Act is amended  by changing Sections 5.25 and 15 as 
follows:
 
    (210 ILCS 74/5.25)

    Sec. 5.25. Physical fitness facility.

    (a) "Physical fitness facility" means the following:


        (1) Any of the following indoor or outdoor facilities 
    that is (i) owned or operated
by a park district,

    municipality, or other unit of local government, including 
    a home rule unit, or
by a public or private
elementary or

    secondary school, college, university, or technical or 
    trade
school
and (ii) supervised by one or more persons, 
    other than maintenance or security
personnel, employed by 
    the unit of local
government, school, college, or 
    university for the purpose of directly
supervising the

    physical fitness activities taking place at any of these 
    indoor facilities:
a swimming pool; stadium; athletic 
    field; football stadium; soccer field; baseball diamond;

    track and field
facility;
tennis court; basketball court; 
    or volleyball court; or similar facility as defined by 
    Department rule; or such facilities located
adjacent 
    thereto.

        (1.5) Any of the following outdoor facilities that is 
    (i) owned by a municipality, township, or other unit of 
    local government, including a home rule unit, or by a 
    public or private elementary or secondary school, college, 
    university, or technical or trade school and (ii) 
    supervised by one or more persons, other than maintenance 
    or security personnel, employed by the unit of local 
    government, school, college, or university for the purpose 
    of directly supervising the physical fitness activities 
    taking place at any of these facilities:  a swimming pool; 
    athletic field; football stadium; soccer field; baseball 
    diamond; track and field facility; tennis court; 
    basketball court; or volleyball court; or similar facility 
    as defined by Department rule.
        The term does not include any facility during any 
    activity or program organized by a private or 
    not-for-profit organization and organized and supervised 
    by a person or persons other than the employees of the unit 
    of local government, school, college, or university. 

        (2) Except as provided in subsection (b), any other 
    indoor or outdoor establishment,
whether
public or 
    private, that
provides services or facilities focusing 
    primarily on cardiovascular
exertion or gaming as defined 
    by Department rule.

    (b) "Physical fitness facility" does not include a facility 
serving less
than a total of 100 individuals. For purposes of 
this Act, "individuals" includes only those persons actively 
engaged in physical exercise that uses large muscle groups and 
that substantially increases the heart rate. , as further 
defined by Department rule. In
addition, the term does not 
include (i) a
facility located in a
hospital or in
a hotel or 
motel, (ii) any outdoor facility owned or operated by a park 
district organized under the Park District Code, the Chicago 
Park District Act, or the Metro-East Park and Recreation 
District Act, or (iii) any facility owned or operated by a 
forest preserve district organized under the Downstate Forest 
Preserve District Act or the Cook County Forest Preserve 
District Act or a conservation district organized under the 
Conservation District Act. The term also does not include any

facility that does not
employ any
persons to provide 
instruction, training, or assistance for persons using the

facility.

(Source: P.A. 95-712, eff. 1-1-09.)
 
    (210 ILCS 74/15)

    Sec. 15. Automated external defibrillator required.

    (a) By the dates specified in Section 50, every physical 
fitness facility
must have at least one AED on the facility 
premises.  The Department
shall adopt
rules to ensure 
coordination with local emergency medical services systems

regarding the
placement and use of AEDs in physical fitness 
facilities. The Department may
adopt
rules requiring a facility 
to have more than one AED on the premises, based on
factors

that include the following:


        (1) The size of the area or the number of buildings or 
    floors occupied by
the facility.


        (2) The number of persons using the facility, excluding 
    spectators.

    (b) A physical fitness facility
must ensure that
there is a 
trained
AED user on staff during staffed business hours. For 
purposes
of this Act, "trained AED user" has the meaning 
ascribed to that term in Section 10 of the Automated External 
Defibrillator Act.

    (b-5) The Department shall adopt rules that
encourage any 
non-employee coach, non-employee instructor, or
other 
similarly situated non-employee anticipated rescuer
who uses a 
physical fitness facility in conjunction with the
supervision 
of physical fitness activities to complete a course of

instruction that would qualify such a person as a trained
AED 
user, as defined in Section 10 of the Automated External 
Defibrillator Act.
    (b-10) In the case of an outdoor physical fitness facility, 
the AED must be housed in a building, if any, that is within 
300 feet of the outdoor facility where an event or
activity is 
being conducted. If there is such a building within the 
required
distance, the building must provide unimpeded and open

access to the housed AED, and the building's entrances shall

further provide marked directions to the housed AED. If there 
is no
such building, the person responsible for supervising the 
activity at the outdoor physical fitness facility shall ensure 
that an AED is available at the outdoor facility during the 
time that the event or activity at the facility is being 
conducted.

    (b-15) Facilities described in paragraph (1.5) of Section 
5.25 must have an AED on site as well as a trained AED user 
available only during activities or events sponsored and 
conducted or supervised by a person or persons employed by the 
unit of local government, school, college, or university.
    (c) Every physical fitness facility must ensure that every 
AED on the
facility's
premises is properly tested and 
maintained in accordance with rules adopted by
the
Department.

(Source: P.A. 95-712, eff. 1-1-09; 96-748, eff. 1-1-10.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.