Bill Status of HB 4232   93rd General Assembly

Short Description:  PHYSICAL FITNESS MED EMERGY

House Sponsors
Rep. Daniel J. Burke-JoAnn D. Osmond-William B. Black-John A. Fritchey-Mary E. Flowers, Sidney H. Mathias, Monique D. Davis, Patricia Bailey, William Delgado, Lou Lang, Timothy L. Schmitz, Kurt M. Granberg, Eddie Washington, Arthur L. Turner, Julie Hamos, Elaine Nekritz, Michael P. McAuliffe, Ralph C. Capparelli, Richard T. Bradley, Kevin A. McCarthy, Kevin Joyce, Marlow H. Colvin, Karen A. Yarbrough, Jack McGuire, Harry Osterman, Wyvetter H. Younge, Mike Boland and Michael K. Smith

Senate Sponsors
(Sen. Martin A. Sandoval-M. Maggie Crotty-Ira I. Silverstein)


Last Action  View All Actions

DateChamber Action
  8/12/2004HousePublic Act . . . . . . . . . 93-0910

Statutes Amended In Order of Appearance
New Act
30 ILCS 105/5.625 new
30 ILCS 805/8.28 new
410 ILCS 4/30

Synopsis As Introduced
Creates the Physical Fitness Facility Medical Emergency Preparedness Act. Requires various indoor physical fitness facilities to develop and implement a plan for responding to medical emergencies and to file a copy of the plan with the Department of Public Health. Requires each such facility to have at least one automated external defibrillator (AED) on the facility premises and to have a trained AED user on staff. Requires the Department to adopt rules to ensure coordination with local emergency medical services systems regarding the placement and use of AEDs in physical fitness facilities. Authorizes the Department to inspect facilities to investigate complaints and ensure compliance with the Act. Authorizes civil monetary penalties for violations of the Act. Contains provisions concerning civil liability in connection with the purchase or use of an AED. Establishes a time frame for compliance with the Act. Preempts home rule. Provides for the deposit of fines into the Physical Fitness Facility Medical Emergency Preparedness Fund. Amends The State Finance Act to create the Fund. Amends the State Mandates Act to provide that no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act. Amends the Automated External Defibrillator Act to provide that (i) a unit of State or local government, or school district (as well as a "person") is not liable for civil damages as a result of an act or omission involving the use of an AED, (ii) "an" AED user (instead of "a trained" AED user) is not liable for such damages, and (iii) the provisions concerning exemption from civil liability do not apply to a public hospital.

House Amendment No. 1
Provides that a right of action does not exist in connection with the use or non-use of an automated external defibrillator at a facility provided specified conditions are met, except for willful or wanton misconduct.

 Fiscal Note (Department of Professional Regulation)
 No fiscal impact.

 Home Rule Note (Department of Commerce and Economic Opportunity)
 In the opinion of the Department of Commerce and Economic Opportunity, this legislation pre-empts home rule authority.

 State Mandates Fiscal Note (Department of Commerce and Economic Opportunity)
 Does create a state mandate under the State Mandates Act.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the engrossed bill with the following changes. In the Physical Fitness Facility Medical Emergency Preparedness Act, changes the dates for compliance with the Act by privately owned or operated indoor physical fitness facilities and public entities owning or operating physical fitness facilities.

Actions 
DateChamber Action
  1/27/2004HouseFiled with the Clerk by Rep. Daniel J. Burke
  1/27/2004HouseChief Co-Sponsor Rep. JoAnn D. Osmond
  1/27/2004HouseChief Co-Sponsor Rep. William B. Black
  1/27/2004HouseChief Co-Sponsor Rep. John A. Fritchey
  1/27/2004HouseChief Co-Sponsor Rep. Mary E. Flowers
  1/30/2004HouseFirst Reading
  1/30/2004HouseReferred to Rules Committee
  2/10/2004HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  2/10/2004HouseAdded Co-Sponsor Rep. Monique D. Davis
  2/10/2004HouseAdded Co-Sponsor Rep. Patricia Bailey
  2/18/2004HouseAssigned to Executive Committee
  3/4/2004HouseDo Pass / Short Debate Executive Committee; 012-000-000
  3/4/2004HousePlaced on Calendar 2nd Reading - Short Debate
  3/10/2004HouseHouse Amendment No. 1 Filed with Clerk by Rep. Daniel J. Burke
  3/10/2004HouseHouse Amendment No. 1 Referred to Rules Committee
  3/10/2004HouseFiscal Note Filed
  3/23/2004HouseHome Rule Note Filed
  3/23/2004HouseState Mandates Fiscal Note Filed
  3/23/2004HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000
  3/24/2004HouseAdded Co-Sponsor Rep. William Delgado
  3/24/2004HouseSecond Reading - Short Debate
  3/24/2004HouseHouse Amendment No. 1 Adopted by Voice Vote
  3/24/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/25/2004HouseAdded Co-Sponsor Rep. Lou Lang
  3/25/2004HouseAdded Co-Sponsor Rep. Timothy L. Schmitz
  3/25/2004HouseAdded Co-Sponsor Rep. Kurt M. Granberg
  3/25/2004HouseAdded Co-Sponsor Rep. Eddie Washington
  3/25/2004HouseAdded Co-Sponsor Rep. Arthur L. Turner
  3/25/2004HouseAdded Co-Sponsor Rep. Julie Hamos
  3/25/2004HouseAdded Co-Sponsor Rep. Elaine Nekritz
  3/25/2004HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  3/25/2004HouseAdded Co-Sponsor Rep. Ralph C. Capparelli
  3/25/2004HouseAdded Co-Sponsor Rep. John E. Bradley
  3/25/2004HouseAdded Co-Sponsor Rep. Kevin A. McCarthy
  3/25/2004HouseAdded Co-Sponsor Rep. Kevin Joyce
  3/25/2004HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  3/25/2004HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  3/25/2004HouseAdded Co-Sponsor Rep. Jack McGuire
  3/25/2004HouseAdded Co-Sponsor Rep. Harry Osterman
  3/25/2004HouseAdded Co-Sponsor Rep. Wyvetter H. Younge
  3/25/2004HouseAdded Co-Sponsor Rep. Mike Boland
  3/25/2004HouseAdded Co-Sponsor Rep. Michael K. Smith
  3/25/2004HouseThird Reading - Short Debate - Passed 114-000-000
  3/25/2004SenateArrive in Senate
  3/25/2004SenatePlaced on Calendar Order of First Reading March 26, 2004
  3/31/2004SenateChief Senate Sponsor Sen. Edward D. Maloney
  3/31/2004SenateFirst Reading
  3/31/2004SenateReferred to Rules
  3/31/2004SenateAlternate Chief Sponsor Changed to Sen. Martin A. Sandoval
  4/15/2004SenateAssigned to Health & Human Services
  4/21/2004SenatePostponed - Health & Human Services
  4/27/2004SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Martin A. Sandoval
  4/27/2004SenateSenate Committee Amendment No. 1 Referred to Rules
  4/27/2004SenateSenate Committee Amendment No. 1 Rules Refers to Health & Human Services
  4/28/2004SenateSenate Committee Amendment No. 1 Adopted
  4/28/2004SenateDo Pass as Amended Health & Human Services; 009-002-000
  4/28/2004SenatePlaced on Calendar Order of 2nd Reading April 29, 2004
  4/29/2004SenateSecond Reading
  4/29/2004SenatePlaced on Calendar Order of 3rd Reading May 4, 2004
  5/13/2004SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  5/13/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Ira I. Silverstein
  5/13/2004SenateVerified
  5/13/2004SenateThird Reading - Passed; 031-024-002
  5/13/2004HouseArrived in House
  5/13/2004HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/18/2004HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Daniel J. Burke
  5/18/2004HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/18/2004HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  5/19/2004HouseSenate Committee Amendment No. 1 House Concurs 113-003-001
  5/19/2004HousePassed Both Houses
  6/17/2004HouseSent to the Governor
  8/12/2004HouseGovernor Approved
  8/12/2004HouseEffective Date January 1, 2005
  8/12/2004HousePublic Act . . . . . . . . . 93-0910

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