Public Act 095-0712
 		





HB1279 Re-Enrolled
LRB095 09129 DRJ 29322 b






    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 Sections 5.25, 15, and 
50 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 
    indoor 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 any outdoor facility. 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. 93-910, eff. 1-1-05.)
 
    (210 ILCS 74/15)

    Sec. 15. Automated external defibrillator required.

    (a) By the dates specified in Section 50, every physical 
fitness facility
must have at least one AED on the facility 
premises.  The Department
shall adopt
rules to ensure 
coordination with local emergency medical services systems

regarding the
placement and use of AEDs in physical fitness 
facilities. The Department may
adopt
rules requiring a facility 
to have more than one AED on the premises, based on
factors

that include the following:


        (1) The size of the area or the number of buildings or 
    floors occupied by
the facility.


        (2) The number of persons using the facility, excluding 
    spectators.

    (b) A physical fitness facility
must ensure that
there is a 
trained
AED user on staff and present during all physical 
fitness activities. For purposes
of this Act, "trained AED 
user" has the meaning ascribed to that term in Section 10 of 
the Automated External Defibrillator Act.

    (b-5) The Department shall adopt rules that
encourage any 
non-employee coach, non-employee instructor, or
other 
similarly situated non-employee anticipated rescuer
who uses a 
physical fitness facility in conjunction with the
supervision 
of physical fitness activities to complete a course of

instruction that would qualify such a person as a trained
AED 
user, as defined in Section 10 of the Automated External 
Defibrillator Act.
    (b-10) In the case of an outdoor physical fitness facility, 
the AED must be housed in a building, if any, that is within 
300 feet of the outdoor facility where an event or
activity is 
being conducted. If there is such a building within the 
required
distance, the building must provide unimpeded and open

access to the housed AED, and the building's entrances shall

further provide marked directions to the housed AED. If there 
is no
such building, the person responsible for supervising the 
activity at the outdoor physical fitness facility shall ensure 
that an AED is available at the outdoor facility during the 
time that the event or activity at the facility is being 
conducted.

    (c) Every physical fitness facility must ensure that every 
AED on the
facility's
premises is properly tested and 
maintained in accordance with rules adopted by
the
Department.

(Source: P.A. 93-910, eff. 1-1-05.)
 
    (210 ILCS 74/50)

    Sec. 50. Compliance dates; private and public indoor 
physical fitness
facilities.

    (a) Privately owned indoor physical fitness facilities.  
Every
privately owned
or operated indoor physical fitness 
facility must be in compliance with this
Act on or
before July 
1, 2006.

    (a-5) Privately owned outdoor physical fitness facilities.  
Every
privately owned
or operated outdoor physical fitness 
facility must be in compliance with this
Act on or
before July 
1, 2009.

    (b) Publicly owned indoor physical fitness facilities.  A 
public
entity owning or
operating 4 or fewer  indoor physical 
fitness facilities must have at least one
such
facility in 
compliance with this Act on or before July 1, 2006; its second

facility in compliance by July 1, 2007; its third facility in 
compliance by
July 1, 2008; and
its fourth
facility in 
compliance by July 1, 2009.

    A public entity owning or operating
more than 4 indoor 
physical fitness facilities must have 25% of those
facilities 
in
compliance by July 1, 2006; 50% of those facilities in 
compliance by July 1,
2007; 75% of those facilities in 
compliance by July 1, 2008; and 100% of those
facilities in 
compliance by July 1, 2009.

    (b-5) Publicly owned outdoor physical fitness facilities.  
A public
entity owning or
operating 4 or fewer  outdoor physical 
fitness facilities must have at least one
such
facility in 
compliance with this Act on or before July 1, 2009; its second

facility in compliance by July 1, 2010; its third facility in 
compliance by
July 1, 2011; and
its fourth
facility in 
compliance by July 1, 2012.
    A public entity owning or operating
more than 4 outdoor 
physical fitness facilities must have 25% of those
facilities 
in
compliance by July 1, 2009; 50% of those facilities in 
compliance by July 1,
2010; 75% of those facilities in 
compliance by July 1, 2011; and 100% of those
facilities in 
compliance by July 1, 2012.

(Source: P.A. 93-910, eff. 1-1-05.)