State of Illinois
2009 and 2010


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


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.

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HB5838 LRB096 19057 KTG 34448 b

1     AN ACT concerning regulation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Physical Fitness Facility Medical Emergency
5 Preparedness Act is amended by changing Section 5.25 as
6 follows:
7     (210 ILCS 74/5.25)
8     Sec. 5.25. Physical fitness facility.
9     (a) "Physical fitness facility" means the following:
10         (1) Any of the following indoor or outdoor facilities
11     that is (i) owned or operated by a park district,
12     municipality, or other unit of local government, including
13     a home rule unit, or by a public or private elementary or
14     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
19     physical fitness activities taking place at any of these
20     facilities: a swimming pool; stadium; athletic field;
21     football stadium; soccer field; baseball diamond; track
22     and field facility; tennis court; basketball court; or
23     volleyball court; or similar facility as defined by



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1     Department rule; or such facilities located adjacent
2     thereto.
3         (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.
8     (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 (iv) a facility owned or operated
20 by a public school organized under the School Code. The term
21 also does not include any facility that does not employ any
22 persons to provide instruction, training, or assistance for
23 persons using the facility.
24 (Source: P.A. 95-712, eff. 1-1-09.)
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.