093_SB0777avm001
LRB093 03252 AMC 18398 v
MOTION
I move to accept the specific recommendations of the
Governor as to Senate Bill 777 in manner and form as follows:
AMENDMENT TO SENATE BILL 777
IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
Amend Senate Bill 777 on page 2, line 1, after
"government", by inserting ", including a home rule unit,";
and
on page 2, by replacing lines 15 through 20 with the
following:
"provides services or facilities focusing primarily on
cardiovascular exertion 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 a"; and
on page 2, by replacing line 26 with the following:
"(a) Before January 1, 2005, each person or entity,
including a home rule unit, that"; and
on page 3, line 4, after "entity", by inserting ", including
a home rule unit,"; and
on page 4, by deleting lines 1 through 12; and
on page 4, by replacing lines 24 through 32 with the
following:
"subsection (a) or (b) of Section 15, the Director may issue
to the facility a written administrative warning without
monetary penalty for the initial violation. The facility may
reply to the Department with written comments concerning the
facility's remedial response to the warning. For subsequent
violations, the Director may impose a civil monetary penalty
against the facility as follows:
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(1) At least $1,500 but less than $2,000 for a
second violation.
(2) At least $2,000 for a third or subsequent
violation.
(b) The Director may impose a civil monetary penalty
under this"; and
on page 5, below line 16, by inserting the following:
"(d) The fines shall be deposited into the Physical
Fitness Facility Medical Emergency Preparedness Fund to be
appropriated to the Department, together with any other
amounts, for the costs of administering this Act."; and
on page 6, after line 20 by adding the following:
"Section 55. Home rule. A home rule unit must comply
with the requirements of this Act. A home rule unit may not
regulate physical fitness facilities in a manner inconsistent
with this Act. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution
on the concurrent exercise by home rule units of powers and
functions exercised by the State.
Section 75. The State Finance Act is amended by adding
Section 5.595 as follows:
(30 ILCS 105/5.595 new)
Sec. 5.595. The Physical Fitness Facility Medical
Emergency Preparedness Fund."; and
by deleting page 6, line 28 through page 46, line 6.
Date: , 2003