Full Text of HB2819 95th General Assembly
HB2819ham001 95TH GENERAL ASSEMBLY
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Rep. Donald L. Moffitt
Filed: 4/14/2008
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LRB095 06448 DRJ 49182 a |
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| AMENDMENT TO HOUSE BILL 2819
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| AMENDMENT NO. ______. Amend House Bill 2819 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Physical Fitness
Facility
Medical | 5 |
| Emergency Preparedness Act is amended by changing Section 5.25 | 6 |
| 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 |
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| the unit of local
government, school, college, or | 2 |
| university for the purpose of directly
supervising the
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| physical fitness activities taking place at any of these | 4 |
| facilities:
a swimming pool; stadium; athletic field; | 5 |
| football stadium; soccer field; baseball diamond;
track | 6 |
| and field
facility;
tennis court; basketball court; or | 7 |
| volleyball court; or similar facility as defined by | 8 |
| Department rule; or such facilities located
adjacent | 9 |
| thereto.
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| (2) Except as provided in subsection (b), any other | 11 |
| indoor or outdoor establishment,
whether
public or | 12 |
| private, that
provides services or facilities focusing | 13 |
| primarily on cardiovascular
exertion or gaming as defined | 14 |
| by Department rule.
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| (b) "Physical fitness facility" does not include a facility | 16 |
| serving less
than a total of 100 individuals, as further | 17 |
| defined by Department rule. In
addition, the term does not | 18 |
| include (i) a
facility located in a
hospital or in
a hotel or | 19 |
| motel, (ii) any outdoor facility owned or operated by a park | 20 |
| district organized under the Park District Code, the Chicago | 21 |
| Park District Act, or the Metro-East Park and Recreation | 22 |
| District Act, or (iii) any facility owned or operated by a | 23 |
| forest preserve district organized under the Downstate Forest | 24 |
| Preserve District Act or the Cook County Forest Preserve | 25 |
| District Act or a conservation district organized under the | 26 |
| Conservation District Act , or (iv) any outdoor facility owned |
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| or operated by a municipality that maintains a park district or | 2 |
| recreational facilities . The term also does not include any
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| facility that does not
employ any
persons to provide | 4 |
| instruction, training, or assistance for persons using the
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| facility.
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| (c) Notwithstanding any other rulemaking authority that | 7 |
| may exist, neither the Governor nor any agency or agency head | 8 |
| under the jurisdiction of the Governor has any authority to | 9 |
| make or promulgate rules to implement or enforce the provisions | 10 |
| of this amendatory Act of the 95th General Assembly. If, | 11 |
| however, the Governor believes that rules are necessary to | 12 |
| implement or enforce the provisions of this amendatory Act of | 13 |
| the 95th General Assembly, the Governor may suggest rules to | 14 |
| the General Assembly by filing them with the Clerk of the House | 15 |
| and Secretary of the Senate and by requesting that the General | 16 |
| Assembly authorize such rulemaking by law, enact those | 17 |
| suggested rules into law, or take any other appropriate action | 18 |
| in the General Assembly's discretion. Nothing contained in this | 19 |
| amendatory Act of the 95th General Assembly shall be | 20 |
| interpreted to grant rulemaking authority under any other | 21 |
| Illinois statute where such authority is not otherwise | 22 |
| explicitly given. For the purposes of this amendatory Act of | 23 |
| the 95th General Assembly, "rules" is given the meaning | 24 |
| contained in Section 1-70 of the Illinois Administrative | 25 |
| Procedure Act, and "agency" and "agency head" are given the | 26 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such | 2 |
| definitions apply to agencies or agency heads under the | 3 |
| jurisdiction of the Governor. | 4 |
| (Source: P.A. 95-712, eff. 1-1-09.)".
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