Illinois 93rd Regular Session Status: Enacted

HB 4232 — PHYSICAL FITNESS MED EMERGY

Last action — Public Act . . . . . . . . . 93-0910

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 27, 2004. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

16 added · 16 removed

Plain-language change summary

The latest version of Bill HB 4232 changed the compliance deadlines for facilities that need to meet certain regulations. Instead of requiring full compliance by July 1, 2005, it now sets the deadlines to start in 2006, allowing more time for facilities to prepare and adapt. This adjustment matters because it gives organizations a longer timeline to meet the required standards, potentially making it easier for them to comply without rushing.

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Previous
Latest
HB4232 Engrossed LRB093 18968 AMC 44703 b AN ACT in relation to health, which may be known as the Colleen O’Sullivan Law.
HB4232 Enrolled LRB093 18968 AMC 44703 b AN ACT in relation to health, which may be known as the Colleen O’Sullivan Law.
(1) Any of the following indoor facilities that is (i) owned or operated by a park district, municipality, or other unit of local government, including a home rule unit, HB4232 Engrossed - 2 - LRB093 18968 AMC 44703 b 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:
(1) Any of the following indoor facilities that is (i) owned or operated by a park district, municipality, or other unit of local government, including a home rule unit, HB4232 Enrolled - 2 - LRB093 18968 AMC 44703 b 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:
(b) Whenever there is a change in the structure occupied by the facility or in the services provided or offered by the facility that would materially affect the facility’s ability to respond to a medical emergency, the person or entity, including HB4232 Engrossed - 3 - LRB093 18968 AMC 44703 b a home rule unit, must promptly update its plan developed under subsection (a) and must file a copy of the updated plan with the Department.
(b) Whenever there is a change in the structure occupied by the facility or in the services provided or offered by the facility that would materially affect the facility’s ability to respond to a medical emergency, the person or entity, including HB4232 Enrolled - 3 - LRB093 18968 AMC 44703 b a home rule unit, must promptly update its plan developed under subsection (a) and must file a copy of the updated plan with the Department.
HB4232 Engrossed - 4 - LRB093 18968 AMC 44703 b Section 35.
HB4232 Enrolled - 4 - LRB093 18968 AMC 44703 b Section 35.
(d) The fines shall be deposited into the Physical Fitness HB4232 Engrossed - 5 - LRB093 18968 AMC 44703 b Facility Medical Emergency Preparedness Fund to be appropriated to the Department, together with any other amounts, for the costs of administering this Act.
(d) The fines shall be deposited into the Physical Fitness HB4232 Enrolled - 5 - LRB093 18968 AMC 44703 b Facility Medical Emergency Preparedness Fund to be appropriated to the Department, together with any other amounts, for the costs of administering this Act.
Every privately owned or operated indoor physical fitness facility must be in compliance with this Act on or before July 1, 2005.
Every privately owned or operated indoor physical fitness facility must be in compliance with this Act on or before July 1, 2006.
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, 2005;
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, 2006;
its second facility in compliance by July 1, 2007;
its third 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, 2008.
and its fourth facility in compliance by July 1, 2009.
HB4232 Engrossed - 6 - LRB093 18968 AMC 44703 b A public entity owning or operating more than 4 indoor physical fitness facilities must have 25% of those facilities in compliance by July 1, 2005;
HB4232 Enrolled - 6 - LRB093 18968 AMC 44703 b 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, 2006;
50% of those facilities in compliance by July 1, 2007;
75% 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, 2008.
and 100% of those facilities in compliance by July 1, 2009.
HB4232 Engrossed - 7 - LRB093 18968 AMC 44703 b (a) A physician licensed in Illinois to practice medicine in all its branches who authorizes the purchase of an automated external defibrillator is not liable for civil damages as a result of any act or omission arising out of authorizing the purchase of an automated external defibrillator, except for willful or wanton misconduct, if the requirements of this Act are met.
HB4232 Enrolled - 7 - LRB093 18968 AMC 44703 b (a) A physician licensed in Illinois to practice medicine in all its branches who authorizes the purchase of an automated external defibrillator is not liable for civil damages as a result of any act or omission arising out of authorizing the purchase of an automated external defibrillator, except for willful or wanton misconduct, if the requirements of this Act are met.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 93-0910

  2. Effective Date January 1, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Committee Amendment No. 1 House Concurs 113-003-001

  7. Senate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000

  8. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

  9. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Daniel J. Burke

  10. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  11. Arrived in House

  12. Third Reading - Passed; 031-024-002

  13. Verified

  14. Added as Alternate Chief Co-Sponsor Sen. Ira I. Silverstein

  15. Added as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty

  16. Placed on Calendar Order of 3rd Reading May 4, 2004

  17. Second Reading

  18. Placed on Calendar Order of 2nd Reading April 29, 2004

  19. Do Pass as Amended Health & Human Services; 009-002-000

  20. Senate Committee Amendment No. 1 Adopted

  21. Senate Committee Amendment No. 1 Rules Refers to Health & Human Services

  22. Senate Committee Amendment No. 1 Referred to Rules

  23. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Martin A. Sandoval

  24. Postponed - Health & Human Services

  25. Assigned to Health & Human Services

  26. Alternate Chief Sponsor Changed to Sen. Martin A. Sandoval

  27. Referred to Rules

  28. First Reading

  29. Chief Senate Sponsor Sen. Edward D. Maloney

  30. Placed on Calendar Order of First Reading March 26, 2004

  31. Arrive in Senate

  32. Third Reading - Short Debate - Passed 114-000-000

  33. Added Co-Sponsor Rep. Michael K. Smith

  34. Added Co-Sponsor Rep. Mike Boland

  35. Added Co-Sponsor Rep. Wyvetter H. Younge

  36. Added Co-Sponsor Rep. Harry Osterman

  37. Added Co-Sponsor Rep. Jack McGuire

  38. Added Co-Sponsor Rep. Karen A. Yarbrough

  39. Added Co-Sponsor Rep. Marlow H. Colvin

  40. Added Co-Sponsor Rep. Kevin Joyce

  41. Added Co-Sponsor Rep. Kevin A. McCarthy

  42. Added Co-Sponsor Rep. John E. Bradley

  43. Added Co-Sponsor Rep. Ralph C. Capparelli

  44. Added Co-Sponsor Rep. Michael P. McAuliffe

  45. Added Co-Sponsor Rep. Elaine Nekritz

  46. Added Co-Sponsor Rep. Julie Hamos

  47. Added Co-Sponsor Rep. Arthur L. Turner

  48. Added Co-Sponsor Rep. Eddie Washington

  49. Added Co-Sponsor Rep. Kurt M. Granberg

  50. Added Co-Sponsor Rep. Timothy L. Schmitz

  51. Added Co-Sponsor Rep. Lou Lang

  52. Placed on Calendar Order of 3rd Reading - Short Debate

  53. House Floor Amendment No. 1 Adopted by Voice Vote

  54. Second Reading - Short Debate

  55. Added Co-Sponsor Rep. William Delgado

  56. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000

  57. State Mandates Fiscal Note Filed

  58. Home Rule Note Filed

  59. Fiscal Note Filed

  60. House Floor Amendment No. 1 Referred to Rules Committee

  61. House Floor Amendment No. 1 Filed with Clerk by Rep. Daniel J. Burke

  62. Placed on Calendar 2nd Reading - Short Debate

  63. Do Pass / Short Debate Executive Committee; 012-000-000

  64. Assigned to Executive Committee

  65. Added Co-Sponsor Rep. Patricia Bailey

  66. Added Co-Sponsor Rep. Monique D. Davis

  67. Added Co-Sponsor Rep. Sidney H. Mathias

  68. Referred to Rules Committee

  69. First Reading

  70. Chief Co-Sponsor Rep. Mary E. Flowers

  71. Chief Co-Sponsor Rep. John A. Fritchey

  72. Chief Co-Sponsor Rep. William B. Black

  73. Chief Co-Sponsor Rep. JoAnn D. Osmond

  74. Filed with the Clerk by Rep. Daniel J. Burke

Sponsors

  • Daniel J. Burke · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Daniel J. Burke

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 113 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 101302
Democrat 9000
Republican 3000
Total 113302
% of votes cast 96%3%0%2%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Slone — Yea
Sommer — Yea
Soto — Yea
Lindner — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Capparelli — Yea
McAuliffe — Yea
Mulligan — Yea
Hamos — Not Voting
Nekritz — Yea
Jefferson — Yea
Dunn — Yea
Lang — Yea
Leitch — Yea
Parke — Yea
Bailey — Yea
Dugan — Yea
Dunkin — Yea
Mathias — Yea
Lyons, Eileen — Yea
McCarthy — Yea
Reitz — Yea
Lyons, Joseph — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Moffitt — Yea
Molaro — Yea
Morrow — Yea
Munson — Yea
Scully — Yea
Turner — Yea
Verschoore — Yea
McGuire — Yea
Wait — Yea
Bradley, John — Yea
Washington — Yea
Bradley, Richard — Yea
Brady — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Howard — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Krause — Yea
Watson — Yea
Kurtz — Nay
Jones — Yea
Madigan — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Myers — Yea
Osmond — Yea
Osterman — Yea
Pankau — Yea
Tenhouse — Nay
Winters — Yea
Yarbrough — Yea
Younge — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Eddy — Nay
Jakobsson — Yea
Kosel — Yea
Phelps — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Not Voting
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 31 Yea · 24 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 262203
Democrat 5101
Republican 0100
Total 312404
% of votes cast 53%41%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Soden — Nay
Lauzen — Nay
Luechtefeld — Nay
Althoff — Yea
Bomke — Nay
Burzynski — Nay
Forby — Nay
Haine — Not Voting
Halvorson — Yea
Munoz — Yea
Link — Yea
Sullivan, D. — Yea
Maloney — Yea
Martinez — Yea
Meeks — Yea
Obama — Yea
Jacobs — Yea
Radogno — Nay
Schoenberg — Yea
Cullerton — Yea
Shadid — Not Voting
Sieben — Nay
Brady — Nay
Trotter — Yea
Sullivan, J. — Nay
Petka — Nay
Jones, J. — Nay
Jones, W. — Nay
Watson — Nay
Demuzio — Nay
Viverito — Yea
Winkel — Nay
Wojcik — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Not Voting
Geo-Karis — Yea
Hendon — Yea
Peterson — Nay
Rauschenberger — Nay
Righter — Nay
Risinger — Nay
Ronen — Yea
Roskam — Nay
Rutherford — Nay
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Nay
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Not Voting
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 102004
Democrat 9000
Republican 3000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Slone — Yea
Sommer — Yea
Soto — Yea
Yarbrough — Yea
Acevedo — Yea
Aguilar — Yea
Mathias — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Not Voting
Capparelli — Yea
Mendoza — Yea
Moffitt — Yea
Coulson — Yea
Munson — Yea
Graham — Yea
Hamos — Yea
Holbrook — Yea
Jefferson — Yea
Osmond — Yea
Kurtz — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Bailey — Yea
Parke — Yea
Lyons, Eileen — Yea
Phelps — Yea
Reitz — Yea
Lyons, Joseph — Yea
Scully — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Froehlich — Yea
Gordon — Yea
Krause — Yea
Brady — Yea
Madigan — Yea
Meyer — Yea
Millner — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Molaro — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Morrow — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Osterman — Yea
Howard — Yea
Pankau — Yea
Tenhouse — Yea
Turner — Yea
Verschoore — Yea
Watson — Yea
Wait — Yea
Jones — Yea
Washington — Yea
Winters — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Younge — Yea
Churchill — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Fritchey — Not Voting
Giles — Not Voting
Granberg — Yea
Grunloh — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Not Voting
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 4232 do?
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.
Who sponsors HB 4232?
HB 4232 is sponsored by Daniel J. Burke.
What is the current status of HB 4232?
This bill has been enacted into law. Introduced January 27, 2004. Enacted.
Where can I track HB 4232?
Track HB 4232 free on One Click Politics — get push/email alerts when it moves.

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