HB5623 97TH GENERAL ASSEMBLY

LRB097 20436 RPM 65929 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5623

Introduced 2/15/2012, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

New Act

Creates the Kids Play Safe Act. Declares certain conditions involving indoor play structures to be public nuisances dangerous to the public health. Provides that when a nuisance, unsanitary condition, or cause of sickness exists on private property, the county or municipal board of health or the local health department shall order the owner or occupant to remove it at his or her own expense within 24 hours. Provides that any person who violates the provisions concerning the removal of a nuisance, unsanitary condition, or cause of sickness from private property is guilty of a Class C misdemeanor and shall pay a fine of not more than $500. Provides that (i) an owner or operator of a food establishment with an indoor play area who has knowledge of an unsanitary condition or a maintenance problem and who fails to take corrective measures within 24 hours after he or she has knowledge of the unsanitary condition or maintenance problem and (ii) a member of a board of health or an officer of a local health department who with criminal negligence fails or refuses to perform a duty established pursuant to the Act are guilty of a Class C misdemeanor.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Kids Play Safe Act.

Section 5. Definitions. In this Act:

"Child" means an unemancipated person under 18 years of age.

"Disinfect" means to use heat, chemical agents, or germicidal solutions to disinfect and reduce pathogen counts, including bacteria, viruses, mold, and fungi.

"Food establishment" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.

"Local" means under the jurisdiction of a municipality or a county in this State.

"Person" means an association or corporation, individual, partnership, or other legal entity, government, or government subdivision or agency.

"Play area" means a specific indoor space or room designated for use by children.

"Prepare" means to process commercially for human consumption by manufacturing, packaging, labeling, cooking, assembling, and serving.

"Sanitary" means clean, healthy, and not deleterious to health, including, but not limited to, the absence of refuse, dust, dirt, filth, waste products subject to decomposition, and all other foreign or infectious contamination.

"Safe" means secure from liability to harm, injury, danger, or risk.

"Structure" means any article that is used for play, such as tunnels, slides, tunes, ladders, stairs, steps, nets, ropes, inflatables, trampolines, and accessories.

Section 10. Public nuisances dangerous to public health. The following conditions are specifically declared public nuisances dangerous to the public health:

(1) Any indoor play structure in which children play, climb, or slide that is not constantly maintained in a sanitary condition.

(2) Buildings or any parts of buildings in which children play, climb, or slide that are in a filthy condition and that may endanger public health.

(3) Any establishment or business with an indoor play structure or children's play area in which children play, climb, slide, jump, or ride that is not properly disinfected.

(4) Any establishment or business with an indoor play structure or children's play area in which children play, climb, slide, or ride that is not maintained in a safe way.

Section 15. Abatement of nuisances, unsanitary conditions, and causes of sickness; civil penalty; property assessment; procedure. When a nuisance, unsanitary condition, or cause of sickness exists on private property, the county or municipal board of health or the local health department shall order the owner or occupant to remove it at his or her own expense within 24 hours after the order has been given. The order may be given to the owner or occupant personally or left at his or her usual place of abode. If the owner or occupant does not comply with the order within 24 hours after the order has been given, then the county or municipal board of health or the local health department shall cause the nuisance, unsanitary condition, or cause of sickness to be removed, and the expenses of the removal shall be paid by the owner, occupant, or other person who caused the nuisance, unsanitary condition, or cause of sickness. Any person who violates a provision of this Section or a rule, order, instruction, or measure adopted pursuant to this Act is guilty of a Class C misdemeanor and shall pay a fine of not more than $500.

Section 20. Maintaining unsanitary premises; violation; classification.

(a) An owner or operator of a food establishment with an indoor play area who has knowledge of an unsanitary condition or maintenance problem and who fails to take corrective measures within 24 hours after he or she has knowledge of the an unsanitary condition or maintenance problem is guilty of a Class C misdemeanor.

(b) A member of a board of health or an officer of a local health department who with criminal negligence fails or refuses to perform a duty established pursuant to this Act is guilty of a Class C misdemeanor.