HB5838 96TH GENERAL ASSEMBLY

LRB096 19057 KTG 34448 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5838

Introduced 2/10/2010, by Rep. Daniel J. Burke

SYNOPSIS AS INTRODUCED:

210 ILCS 74/5.25

Amends the Physical Fitness Facility Medical Emergency Preparedness Act. Adds facilities owned or operated by a public school organized under the School Code to the list of facilities that do not fall under the definition of "physical fitness facility". Effective immediately.

A BILL FOR

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 Section 5.25 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 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.

(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, 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, or (iv) a facility owned or operated by a public school organized under the School Code. 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.)

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