Full Text of HB1279 95th General Assembly
HB1279ren 95TH GENERAL ASSEMBLY
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HB1279 Re-Enrolled |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Physical Fitness
Facility
Medical Emergency | 5 |
| Preparedness Act is amended by changing Sections 5.25, 15, and | 6 |
| 50 as follows: | 7 |
| (210 ILCS 74/5.25)
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| Sec. 5.25. Physical fitness facility.
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| (a) "Physical fitness facility" means the following:
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| (1) Any of the following indoor or outdoor facilities | 11 |
| that is (i) owned or operated
by a park district,
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| municipality, or other unit of local government, including | 13 |
| a home rule unit, or
by a public or private
elementary or
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| secondary school, college, university, or technical or | 15 |
| trade
school
and (ii) supervised by one or more persons, | 16 |
| other than maintenance or security
personnel, employed by | 17 |
| the unit of local
government, school, college, or | 18 |
| university for the purpose of directly
supervising the
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| physical fitness activities taking place at any of these | 20 |
| indoor facilities:
a swimming pool; stadium; athletic | 21 |
| field; football stadium; soccer field; baseball diamond;
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| track and field
facility;
tennis court; basketball court; | 23 |
| or volleyball court ; or similar facility as defined by |
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| Department rule ; or such facilities located
adjacent | 2 |
| thereto.
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| (2) Except as provided in subsection (b), any other | 4 |
| indoor or outdoor establishment,
whether
public or | 5 |
| private, that
provides services or facilities focusing | 6 |
| primarily on cardiovascular
exertion or gaming as defined | 7 |
| by Department rule.
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| (b) "Physical fitness facility" does not include a facility | 9 |
| serving less
than a total of 100 individuals, as further | 10 |
| defined by Department rule. In
addition, the term does not | 11 |
| include (i) a
facility located in a
hospital or in
a hotel or | 12 |
| motel , (ii) any outdoor facility owned or operated by a park | 13 |
| district organized under the Park District Code, the Chicago | 14 |
| Park District Act, or the Metro-East Park and Recreation | 15 |
| District Act, or (iii) any facility owned or operated by a | 16 |
| forest preserve district organized under the Downstate Forest | 17 |
| Preserve District Act or the Cook County Forest Preserve | 18 |
| District Act or a conservation district organized under the | 19 |
| Conservation District Act , or any outdoor facility . The term | 20 |
| also does not include any
facility that does not
employ any
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| persons to provide instruction, training, or assistance for | 22 |
| persons using the
facility.
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| (Source: P.A. 93-910, eff. 1-1-05.) | 24 |
| (210 ILCS 74/15)
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| Sec. 15. Automated external defibrillator required.
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| (a) By the dates specified in Section 50, every physical | 2 |
| fitness facility
must have at least one AED on the facility | 3 |
| premises. The Department
shall adopt
rules to ensure | 4 |
| coordination with local emergency medical services systems
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| regarding the
placement and use of AEDs in physical fitness | 6 |
| facilities. The Department may
adopt
rules requiring a facility | 7 |
| to have more than one AED on the premises, based on
factors
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| that include the following:
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| (1) The size of the area or the number of buildings or | 10 |
| floors occupied by
the facility.
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| (2) The number of persons using the facility, excluding | 12 |
| spectators.
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| (b) A physical fitness facility
must ensure that
there is a | 14 |
| trained
AED user on staff and present during all physical | 15 |
| fitness activities. For purposes
of this Act, "trained AED | 16 |
| user" has the meaning ascribed to that term in Section 10 of | 17 |
| the Automated External Defibrillator Act .
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| (b-5) The Department shall adopt rules that
encourage any | 19 |
| non-employee coach, non-employee instructor, or
other | 20 |
| similarly situated non-employee anticipated rescuer
who uses a | 21 |
| physical fitness facility in conjunction with the
supervision | 22 |
| of physical fitness activities to complete a course of
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| instruction that would qualify such a person as a trained
AED | 24 |
| user, as defined in Section 10 of the Automated External | 25 |
| Defibrillator Act. | 26 |
| (b-10) In the case of an outdoor physical fitness facility, |
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| the AED must be housed in a building, if any, that is within | 2 |
| 300 feet of the outdoor facility where an event or
activity is | 3 |
| being conducted. If there is such a building within the | 4 |
| required
distance, the building must provide unimpeded and open
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| access to the housed AED, and the building's entrances shall
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| further provide marked directions to the housed AED. If there | 7 |
| is no
such building, the person responsible for supervising the | 8 |
| activity at the outdoor physical fitness facility shall ensure | 9 |
| that an AED is available at the outdoor facility during the | 10 |
| time that the event or activity at the facility is being | 11 |
| conducted.
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| (c) Every physical fitness facility must ensure that every | 13 |
| AED on the
facility's
premises is properly tested and | 14 |
| maintained in accordance with rules adopted by
the
Department.
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| (Source: P.A. 93-910, eff. 1-1-05.) | 16 |
| (210 ILCS 74/50)
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| Sec. 50. Compliance dates; private and public indoor | 18 |
| physical fitness
facilities.
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| (a) Privately owned indoor physical fitness facilities. | 20 |
| Every
privately owned
or operated indoor physical fitness | 21 |
| facility must be in compliance with this
Act on or
before July | 22 |
| 1, 2006.
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| (a-5) Privately owned outdoor physical fitness facilities. | 24 |
| Every
privately owned
or operated outdoor physical fitness | 25 |
| facility must be in compliance with this
Act on or
before July |
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| 1, 2009.
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| (b) Publicly owned indoor physical fitness facilities. A | 3 |
| public
entity owning or
operating 4 or fewer indoor physical | 4 |
| fitness facilities must have at least one
such
facility in | 5 |
| compliance with this Act on or before July 1, 2006; its second
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| facility in compliance by July 1, 2007; its third facility in | 7 |
| compliance by
July 1, 2008; and
its fourth
facility in | 8 |
| compliance by July 1, 2009.
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| A public entity owning or operating
more than 4 indoor | 10 |
| physical fitness facilities must have 25% of those
facilities | 11 |
| in
compliance by July 1, 2006; 50% of those facilities in | 12 |
| compliance by July 1,
2007; 75% of those facilities in | 13 |
| compliance by July 1, 2008; and 100% of those
facilities in | 14 |
| compliance by July 1, 2009.
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| (b-5) Publicly owned outdoor physical fitness facilities. | 16 |
| A public
entity owning or
operating 4 or fewer outdoor physical | 17 |
| fitness facilities must have at least one
such
facility in | 18 |
| compliance with this Act on or before July 1, 2009; its second
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| facility in compliance by July 1, 2010; its third facility in | 20 |
| compliance by
July 1, 2011; and
its fourth
facility in | 21 |
| compliance by July 1, 2012. | 22 |
| A public entity owning or operating
more than 4 outdoor | 23 |
| physical fitness facilities must have 25% of those
facilities | 24 |
| in
compliance by July 1, 2009; 50% of those facilities in | 25 |
| compliance by July 1,
2010; 75% of those facilities in | 26 |
| compliance by July 1, 2011; and 100% of those
facilities in |
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LRB095 09129 DRJ 29322 b |
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| compliance by July 1, 2012.
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| (Source: P.A. 93-910, eff. 1-1-05.)
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