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:
 
                                  -2-      LRB093 03252 AMC 18398 v

               (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