Full Text of SB1371 96th General Assembly
SB1371enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Physical Fitness
Facility
Medical Emergency | 5 |
| Preparedness Act is amended by changing Sections 5.25 and 15 as | 6 |
| 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 | 17 |
| the unit of local
government, school, college, or | 18 |
| university for the purpose of directly
supervising the
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| physical fitness activities taking place at any of these | 20 |
| indoor facilities:
a swimming pool; stadium; athletic | 21 |
| field; football stadium; soccer field; baseball diamond;
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| track and field
facility;
tennis court; basketball court; | 23 |
| or volleyball court; or similar facility as defined by |
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| Department rule ; or such facilities located
adjacent | 2 |
| thereto .
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| (1.5) Any of the following outdoor facilities that is | 4 |
| (i) owned by a municipality, township, or other unit of | 5 |
| local government, including a home rule unit, or by a | 6 |
| public or private elementary or secondary school, college, | 7 |
| university, or technical or trade school and (ii) | 8 |
| supervised by one or more persons, other than maintenance | 9 |
| or security personnel, employed by the unit of local | 10 |
| government, school, college, or university for the purpose | 11 |
| of directly supervising the physical fitness activities | 12 |
| taking place at any of these facilities: a swimming pool; | 13 |
| athletic field; football stadium; soccer field; baseball | 14 |
| diamond; track and field facility; tennis court; | 15 |
| basketball court; or volleyball court; or similar facility | 16 |
| as defined by Department rule. | 17 |
| The term does not include any facility during any | 18 |
| activity or program organized by a private or | 19 |
| not-for-profit organization and organized and supervised | 20 |
| by a person or persons other than the employees of the unit | 21 |
| of local government, school, college, or university.
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| (2) Except as provided in subsection (b), any other | 23 |
| indoor or outdoor establishment,
whether
public or | 24 |
| private, that
provides services or facilities focusing | 25 |
| primarily on cardiovascular
exertion or gaming as defined | 26 |
| by Department rule.
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| (b) "Physical fitness facility" does not include a facility | 2 |
| serving less
than a total of 100 individuals . For purposes of | 3 |
| this Act, "individuals" includes only those persons actively | 4 |
| engaged in physical exercise that uses large muscle groups and | 5 |
| that substantially increases the heart rate. , as further | 6 |
| defined by Department rule. In
addition, the term does not | 7 |
| include (i) a
facility located in a
hospital or in
a hotel or | 8 |
| motel, (ii) any outdoor facility owned or operated by a park | 9 |
| district organized under the Park District Code, the Chicago | 10 |
| Park District Act, or the Metro-East Park and Recreation | 11 |
| District Act, or (iii) any facility owned or operated by a | 12 |
| forest preserve district organized under the Downstate Forest | 13 |
| Preserve District Act or the Cook County Forest Preserve | 14 |
| District Act or a conservation district organized under the | 15 |
| Conservation District Act. The term also does not include any
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| facility that does not
employ any
persons to provide | 17 |
| instruction, training, or assistance for persons using the
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| facility.
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| (Source: P.A. 95-712, eff. 1-1-09.) | 20 |
| (210 ILCS 74/15)
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| Sec. 15. Automated external defibrillator required.
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| (a) By the dates specified in Section 50, every physical | 23 |
| fitness facility
must have at least one AED on the facility | 24 |
| premises. The Department
shall adopt
rules to ensure | 25 |
| coordination with local emergency medical services systems
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| regarding the
placement and use of AEDs in physical fitness | 2 |
| facilities. The Department may
adopt
rules requiring a facility | 3 |
| to have more than one AED on the premises, based on
factors
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| that include the following:
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| (1) The size of the area or the number of buildings or | 6 |
| floors occupied by
the facility.
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| (2) The number of persons using the facility, excluding | 8 |
| spectators.
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| (b) A physical fitness facility
must ensure that
there is a | 10 |
| trained
AED user on staff during staffed business hours. For | 11 |
| purposes
of this Act, "trained AED user" has the meaning | 12 |
| ascribed to that term in Section 10 of the Automated External | 13 |
| Defibrillator Act.
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| (b-5) The Department shall adopt rules that
encourage any | 15 |
| non-employee coach, non-employee instructor, or
other | 16 |
| similarly situated non-employee anticipated rescuer
who uses a | 17 |
| physical fitness facility in conjunction with the
supervision | 18 |
| of physical fitness activities to complete a course of
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| instruction that would qualify such a person as a trained
AED | 20 |
| user, as defined in Section 10 of the Automated External | 21 |
| Defibrillator Act. | 22 |
| (b-10) In the case of an outdoor physical fitness facility, | 23 |
| the AED must be housed in a building, if any, that is within | 24 |
| 300 feet of the outdoor facility where an event or
activity is | 25 |
| being conducted. If there is such a building within the | 26 |
| required
distance, the building must provide unimpeded and open
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| access to the housed AED, and the building's entrances shall
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| further provide marked directions to the housed AED. If there | 3 |
| is no
such building, the person responsible for supervising the | 4 |
| activity at the outdoor physical fitness facility shall ensure | 5 |
| that an AED is available at the outdoor facility during the | 6 |
| time that the event or activity at the facility is being | 7 |
| conducted.
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| (b-15) Facilities described in paragraph (1.5) of Section | 9 |
| 5.25 must have an AED on site as well as a trained AED user | 10 |
| available only during activities or events sponsored and | 11 |
| conducted or supervised by a person or persons employed by the | 12 |
| unit of local government, school, college, or university. | 13 |
| (c) Every physical fitness facility must ensure that every | 14 |
| AED on the
facility's
premises is properly tested and | 15 |
| maintained in accordance with rules adopted by
the
Department.
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| (Source: P.A. 95-712, eff. 1-1-09; 96-748, eff. 1-1-10.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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