Illinois 93rd Regular Session Status: Passed House 2 D cosponsors

HB 43 — FITNESS FACILITY-DEFIBRILLATOR

Last action — Session Sine Die

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

This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Creates the Physical Fitness Facility Medical Emergency Preparedness Act. Requires various physical fitness facilities, including (i) facilities owned or operated by a unit of local government or by a school, college, or university, (ii) golf courses, and (iii) health or fitness clubs, 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 on its premises at least one automated external defibrillator (AED) and a trained AED user. Authorizes the Department of Public Health to inspect physical fitness facilities to investigate complaints and to ensure compliance with the Act. Authorizes the Department to impose monetary penalties for violations of the Act. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act to provide a tax exemption for private physical fitness facilities in connection with the purchase of AEDs.

Bill Text

What changed in the latest version

1514 added · 1479 removed

Plain-language change summary

The most significant change in this version of HB 43 is the addition of the title "Colleen O'Sullivan Law" to the bill, which honors an individual likely related to its purpose. This change matters because naming a law after a person can help raise awareness about the issues it addresses, emphasizing the importance of the legislation in improving medical emergency preparedness at physical fitness facilities. It personalizes the bill and may encourage community engagement and support.

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093_HB0043 LRB093 02059 DRJ 02062 b AN ACT in relation to health.
HB0043 Engrossed LRB093 02059 DRJ 02062 b AN ACT in relation to health, which may be known as the Colleen O'Sullivan Law.
(1) Any of the following that is (i) owned or operated by a park district, municipality, or other unit of local government or by a public or private elementary -2- LRB093 02059 DRJ 02062 b or secondary school, college, university, or technical or trade school and (ii) supervised by one or more persons employed by the unit of local government, school, college, or university for the purpose of supervising the use of the facility:
(1) Any of the following that is (i) owned or operated by a park district, municipality, or other unit HB0043 Engrossed -2- LRB093 02059 DRJ 02062 b of local government 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 employed by the unit of local government, school, college, or university for the purpose of supervising the use of the facility:
(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 facility must promptly update its plan developed under subsection (a) and must file -3- LRB093 02059 DRJ 02062 b 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 facility must promptly HB0043 Engrossed -3- LRB093 02059 DRJ 02062 b update its plan developed under subsection (a) and must file a copy of the updated plan with the Department.
Section 25.
HB0043 Engrossed -4- LRB093 02059 DRJ 02062 b Section 25.
-4- LRB093 02059 DRJ 02062 b (a) The Department must work with physical fitness facilities and manufacturers and distributors of automated external defibrillators to develop a procedure by which 2 or more facilities may submit a joint bid for the purchase of AEDs in order to maximize their purchasing power.
(a) The Department must work with physical fitness facilities and manufacturers and distributors of automated external defibrillators to develop a procedure by which 2 or more facilities may submit a joint bid for the purchase of AEDs in order to maximize their purchasing power.
(b) The Director may impose a civil penalty under this Section only after it provides the following to the facility:
(b) The Director may impose a civil penalty under this HB0043 Engrossed -5- LRB093 02059 DRJ 02062 b Section only after it provides the following to the facility:
-5- LRB093 02059 DRJ 02062 b (1) Written notice of the alleged violation.
(1) Written notice of the alleged violation.
Section 90.
Section 50.
Compliance dates;
private and public physical fitness facilities.
(a) Privately-owned physical fitness facilities.
Every privately-owned or operated physical fitness facility must be in compliance with this Act on or before July 1, 2004.
(b) Publicly owned physical fitness facilities.
A public entity owning or operating 4 or fewer physical fitness HB0043 Engrossed -6- LRB093 02059 DRJ 02062 b facilities must have at least one such facility in compliance with this Act on or before July 1, 2004;
its second facility in compliance by July 1, 2005;
its third facility in compliance by July 1, 2006;
and its fourth facility in compliance by July 1, 2007.
Any public entity owning or operating more than 4 physical fitness facilities must have 25% of its facilities in compliance by July 1, 2004;
50% of its facilities in compliance by July 1, 2005;
75% of its facilities in compliance by July 1, 2006;
and 100% of its facilities in compliance by July 1, 2007.
Section 88.
The State Mandates Act is amended by adding Section 8.27 as follows:
(30 ILCS 805/8.27 new) _e_____________________a________________________S___________ _____8_____________________m______________________e_____________ _____t_____________________o______________________t_____________ _____a______________________G_________________ Section 90.
(1) Personal property purchased from a corporation, society, association, foundation, institution, or -6- LRB093 02059 DRJ 02062 b organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise.
(1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit Illinois county fair association for use in conducting, operating, or promoting the county fair.
(2) Personal property purchased by a not-for-profit HB0043 Engrossed -7- LRB093 02059 DRJ 02062 b Illinois county fair association for use in conducting, operating, or promoting the county fair.
On and -7- LRB093 02059 DRJ 02062 b after July 1, 1987, however, no entity otherwise eligible for this exemption shall make tax-free purchases unless it has an active exemption identification number issued by the Department.
On and after July 1, 1987, however, no entity otherwise eligible for this exemption shall make tax-free purchases unless it has an active exemption identification number issued by the Department.
(5) A passenger car that is a replacement vehicle to the extent that the purchase price of the car is subject to the Replacement Vehicle Tax.
(5) A passenger car that is a replacement vehicle to the extent that the purchase price of the car is subject to the HB0043 Engrossed -8- LRB093 02059 DRJ 02062 b Replacement Vehicle Tax.
(10) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting -8- LRB093 02059 DRJ 02062 b Occupation and Use Tax Act.
(10) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act.
(11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code.
(11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, HB0043 Engrossed -9- LRB093 02059 DRJ 02062 b including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code.
Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal -9- LRB093 02059 DRJ 02062 b diets and agricultural chemicals.
Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals.
(12) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(12) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for HB0043 Engrossed -10- LRB093 02059 DRJ 02062 b or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(16) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including -10- LRB093 02059 DRJ 02062 b replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code.
(16) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code.
(17) Distillation machinery and equipment, sold as a unit or kit, assembled or installed by the retailer, certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of the user, and not subject to sale or resale.
(17) Distillation machinery and equipment, sold as a unit or kit, assembled or installed by the retailer, certified by the user to be used only for the production of HB0043 Engrossed -11- LRB093 02059 DRJ 02062 b ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of the user, and not subject to sale or resale.
(22) Computers and communications equipment utilized for -11- LRB093 02059 DRJ 02062 b any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(22) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption HB0043 Engrossed -12- LRB093 02059 DRJ 02062 b identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
No -12- LRB093 02059 DRJ 02062 b lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor.
If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that HB0043 Engrossed -13- LRB093 02059 DRJ 02062 b amount from the lessor.
(26) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hunting preserve area" or -13- LRB093 02059 DRJ 02062 b an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources.
(26) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources.
(27) A motor vehicle, as that term is defined in Section 1-146 of the Illinois Vehicle Code, that is donated to a corporation, limited liability company, society, association, foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes.
(27) A motor vehicle, as that term is defined in Section 1-146 of the Illinois Vehicle Code, that is donated to a HB0043 Engrossed -14- LRB093 02059 DRJ 02062 b corporation, limited liability company, society, association, foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes.
This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the -14- LRB093 02059 DRJ 02062 b property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity.
This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity.
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(29) Beginning January 1, 2000 and through December 31, 2001, new or used automatic vending machines that prepare and serve hot food and beverages, including coffee, soup, and other items, and replacement parts for these machines.
(29) Beginning January 1, 2000 and through December 31, 2001, new or used automatic vending machines that prepare and serve hot food and beverages, including coffee, soup, and HB0043 Engrossed -15- LRB093 02059 DRJ 02062 b other items, and replacement parts for these machines.
If the equipment is leased in a manner that does not -15- LRB093 02059 DRJ 02062 b qualify for this exemption or is used in any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the nonqualifying use occurs.
If the equipment is leased in a manner that does not qualify for this exemption or is used in any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the nonqualifying use occurs.
No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
No lessor shall collect or attempt to collect an amount (however designated) that HB0043 Engrossed -16- LRB093 02059 DRJ 02062 b purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a -16- LRB093 02059 DRJ 02062 b refund of that amount from the lessor.
If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor.
_3_____________________r_______________________D____________ _______a_____________________d____________________h_____________ _____c_____________________y______________________o_____________ _____h_____________________i_______________________P____________ _____u_____________________t_______________________F____________ _____h_______________________"____________________f_____________ _____e______________________F_____________________c_____________ _____r______________________t_____________________t_____________ _____i_____________________r______________________i_____________ _____n_____________________o______________________r______ (Source:
_3_____________________r_______________________D____________ _______a_____________________d____________________h_____________ HB0043 Engrossed -17- LRB093 02059 DRJ 02062 b _____c_____________________y______________________o_____________ _____h_____________________i_______________________P____________ _____u_____________________t_______________________F____________ _____h_______________________"____________________f_____________ _____e______________________F_____________________c_____________ _____r______________________t_____________________t_____________ _____i_____________________r______________________i_____________ _____n_____________________o______________________r______ (Source:
(2) Personal property purchased by a non-profit Illinois -17- LRB093 02059 DRJ 02062 b county fair association for use in conducting, operating, or promoting the county fair.
(2) Personal property purchased by a non-profit Illinois county fair association for use in conducting, operating, or promoting the county fair.
(3) Personal property purchased by a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated primarily for the presentation or support of arts or cultural programming, activities, or services.
(3) Personal property purchased by a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that HB0043 Engrossed -18- LRB093 02059 DRJ 02062 b is organized and operated primarily for the presentation or support of arts or cultural programming, activities, or services.
(7) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by -18- LRB093 02059 DRJ 02062 b the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code.
(7) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural HB0043 Engrossed -19- LRB093 02059 DRJ 02062 b chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code.
(8) Fuel and petroleum products sold to or used by an -19- LRB093 02059 DRJ 02062 b air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(8) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers.
(9) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages acquired as an incident to the purchase of a service from a serviceman, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed.
HB0043 Engrossed -20- LRB093 02059 DRJ 02062 b (9) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages acquired as an incident to the purchase of a service from a serviceman, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed.
(12) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to -20- LRB093 02059 DRJ 02062 b be registered under the Illinois Vehicle Code.
(12) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code.
(14) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes.
(14) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter HB0043 Engrossed -21- LRB093 02059 DRJ 02062 b Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes.
(16) Personal property purchased by a lessor who leases the property, under a lease of one year or longer executed or -21- LRB093 02059 DRJ 02062 b in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(16) Personal property purchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
If the property is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs.
If the property is leased in a manner that does not qualify for this exemption or is used in any HB0043 Engrossed -22- LRB093 02059 DRJ 02062 b other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs.
(18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, -22- LRB093 02059 DRJ 02062 b access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster.
(18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities HB0043 Engrossed -23- LRB093 02059 DRJ 02062 b located in the declared disaster area within 6 months after the disaster.
(21) Beginning January 1, 2000, personal property, -23- LRB093 02059 DRJ 02062 b including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity recognized by the school district that consists primarily of volunteers and includes parents and teachers of the school children.
(21) Beginning January 1, 2000, personal property, including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity recognized by the school district that consists primarily of volunteers and includes parents and teachers of the school children.
This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity.
HB0043 Engrossed -24- LRB093 02059 DRJ 02062 b This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity.
(24) Beginning on the effective date of this -24- LRB093 02059 DRJ 02062 b amendatory Act of the 92nd General Assembly, computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(24) Beginning on the effective date of this amendatory Act of the 92nd General Assembly, computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to HB0043 Engrossed -25- LRB093 02059 DRJ 02062 b the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
If the property is leased in a manner that does not qualify for this -25- LRB093 02059 DRJ 02062 b exemption or is used in any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the nonqualifying use occurs.
If the property is leased in a manner that does not qualify for this exemption or is used in any other nonexempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the nonqualifying use occurs.
No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that HB0043 Engrossed -26- LRB093 02059 DRJ 02062 b lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor.
439.103-5) -26- LRB093 02059 DRJ 02062 b Sec.
439.103-5) Sec.
(1) Personal property sold by a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise.
(1) Personal property sold by a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the HB0043 Engrossed -27- LRB093 02059 DRJ 02062 b benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise.
(5) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for -27- LRB093 02059 DRJ 02062 b lease, certified by the purchaser to be used primarily for graphic arts production.
(5) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production.
(6) Personal property sold by a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois.
(6) Personal property sold by a teacher-sponsored HB0043 Engrossed -28- LRB093 02059 DRJ 02062 b student organization affiliated with an elementary or secondary school located in Illinois.
Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, -28- LRB093 02059 DRJ 02062 b and other such equipment.
Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals.
Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of HB0043 Engrossed -29- LRB093 02059 DRJ 02062 b animal and crop data for the purpose of formulating animal diets and agricultural chemicals.
(11) Photoprocessing machinery and equipment, including -29- LRB093 02059 DRJ 02062 b repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
(11) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code.
(12) Coal exploration, mining, offhighway hauling, HB0043 Engrossed -30- LRB093 02059 DRJ 02062 b processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code.
(16) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption -30- LRB093 02059 DRJ 02062 b identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(16) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification HB0043 Engrossed -31- LRB093 02059 DRJ 02062 b number by the Department under Section 1g of the Retailers' Occupation Tax Act.
(20) Beginning July 1, 1999, game or game birds sold at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife -31- LRB093 02059 DRJ 02062 b Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources.
(20) Beginning July 1, 1999, game or game birds sold at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources.
(21) A motor vehicle, as that term is defined in Section 1-146 of the Illinois Vehicle Code, that is donated to a corporation, limited liability company, society, association, foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes.
(21) A motor vehicle, as that term is defined in Section 1-146 of the Illinois Vehicle Code, that is donated to a corporation, limited liability company, society, association, HB0043 Engrossed -32- LRB093 02059 DRJ 02062 b foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes.
This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity -32- LRB093 02059 DRJ 02062 b and that profits from the sale to the fundraising entity.
This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity.
Beginning January 1, 2002, machines and parts for machines used in commercial, coin-operated amusement and vending business if a use or occupation tax is paid on the gross receipts derived from the use of the commercial, coin-operated amusement and vending machines.
HB0043 Engrossed -33- LRB093 02059 DRJ 02062 b Beginning January 1, 2002, machines and parts for machines used in commercial, coin-operated amusement and vending business if a use or occupation tax is paid on the gross receipts derived from the use of the commercial, coin-operated amusement and vending machines.
(26) Beginning on January 1, 2002, tangible personal property purchased from an Illinois retailer by a taxpayer engaged in centralized purchasing activities in Illinois who -33- LRB093 02059 DRJ 02062 b will, upon receipt of the property in Illinois, temporarily store the property in Illinois (i) for the purpose of subsequently transporting it outside this State for use or consumption thereafter solely outside this State or (ii) for the purpose of being processed, fabricated, or manufactured into, attached to, or incorporated into other tangible personal property to be transported outside this State and thereafter used or consumed solely outside this State.
(26) Beginning on January 1, 2002, tangible personal property purchased from an Illinois retailer by a taxpayer engaged in centralized purchasing activities in Illinois who will, upon receipt of the property in Illinois, temporarily store the property in Illinois (i) for the purpose of subsequently transporting it outside this State for use or consumption thereafter solely outside this State or (ii) for the purpose of being processed, fabricated, or manufactured into, attached to, or incorporated into other tangible HB0043 Engrossed -34- LRB093 02059 DRJ 02062 b personal property to be transported outside this State and thereafter used or consumed solely outside this State.
-34- LRB093 02059 DRJ 02062 b 92-484, eff.
92-484, eff.
(35 ILCS 120/2-5) (from Ch.
HB0043 Engrossed -35- LRB093 02059 DRJ 02062 b (35 ILCS 120/2-5) (from Ch.
Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, -35- LRB093 02059 DRJ 02062 b seeders, or spreaders.
Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders.
Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals.
Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in HB0043 Engrossed -36- LRB093 02059 DRJ 02062 b the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals.
(5) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through access to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in -36- LRB093 02059 DRJ 02062 b Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act.
(5) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through access to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act.
(7) Proceeds of that portion of the selling price of a passenger car the sale of which is subject to the Replacement Vehicle Tax.
HB0043 Engrossed -37- LRB093 02059 DRJ 02062 b (7) Proceeds of that portion of the selling price of a passenger car the sale of which is subject to the Replacement Vehicle Tax.
-37- LRB093 02059 DRJ 02062 b (11) Personal property sold to a governmental body, to a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or to a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older.
(11) Personal property sold to a governmental body, to a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or to a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees HB0043 Engrossed -38- LRB093 02059 DRJ 02062 b and that is organized and operated primarily for the recreation of persons 55 years of age or older.
(14) Machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal -38- LRB093 02059 DRJ 02062 b property for wholesale or retail sale or lease, whether the sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether the sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser.
(14) Machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether the sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether the sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing HB0043 Engrossed -39- LRB093 02059 DRJ 02062 b machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser.
(19) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, -39- LRB093 02059 DRJ 02062 b cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease;
(19) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease;
but excluding motor vehicles required to be registered under the Illinois Vehicle Code.
but excluding motor vehicles HB0043 Engrossed -40- LRB093 02059 DRJ 02062 b required to be registered under the Illinois Vehicle Code.
(24) Fuel consumed or used in the operation of ships, barges, or vessels that are used primarily in or for the transportation of property or the conveyance of persons for hire on rivers bordering on this State if the fuel is delivered by the seller to the purchaser's barge, ship, or -40- LRB093 02059 DRJ 02062 b vessel while it is afloat upon that bordering river.
(24) Fuel consumed or used in the operation of ships, barges, or vessels that are used primarily in or for the transportation of property or the conveyance of persons for hire on rivers bordering on this State if the fuel is delivered by the seller to the purchaser's barge, ship, or vessel while it is afloat upon that bordering river.
(25) A motor vehicle sold in this State to a nonresident even though the motor vehicle is delivered to the nonresident in this State, if the motor vehicle is not to be titled in this State, and if a drive-away permit is issued to the motor vehicle as provided in Section 3-603 of the Illinois Vehicle Code or if the nonresident purchaser has vehicle registration plates to transfer to the motor vehicle upon returning to his or her home state.
(25) A motor vehicle sold in this State to a nonresident even though the motor vehicle is delivered to the nonresident in this State, if the motor vehicle is not to be titled in this State, and if a drive-away permit is issued to the motor vehicle as provided in Section 3-603 of the Illinois Vehicle HB0043 Engrossed -41- LRB093 02059 DRJ 02062 b Code or if the nonresident purchaser has vehicle registration plates to transfer to the motor vehicle upon returning to his or her home state.
(30) Beginning with taxable years ending on or after -41- LRB093 02059 DRJ 02062 b December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area.
(30) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or HB0043 Engrossed -42- LRB093 02059 DRJ 02062 b institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area.
For purposes of this exemption, "a -42- LRB093 02059 DRJ 02062 b corporation, limited liability company, society, association, foundation, or institution organized and operated exclusively for educational purposes" means all tax-supported public schools, private schools that offer systematic instruction in useful branches of learning by methods common to public schools and that compare favorably in their scope and intensity with the course of study presented in tax-supported schools, and vocational or technical schools or institutes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and designed to prepare individuals to follow a trade or to pursue a manual, technical, mechanical, industrial, business, or commercial occupation.
For purposes of this exemption, "a corporation, limited liability company, society, association, foundation, or institution organized and operated exclusively for educational purposes" means all tax-supported public schools, private schools that offer systematic instruction in useful branches of learning by methods common to public schools and that compare favorably in their scope and HB0043 Engrossed -43- LRB093 02059 DRJ 02062 b intensity with the course of study presented in tax-supported schools, and vocational or technical schools or institutes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and designed to prepare individuals to follow a trade or to pursue a manual, technical, mechanical, industrial, business, or commercial occupation.
Beginning January 1, 2002, machines and parts for machines used in commercial, coin-operated amusement and vending business if a use or occupation tax is paid on the gross -43- LRB093 02059 DRJ 02062 b receipts derived from the use of the commercial, coin-operated amusement and vending machines.
Beginning January 1, 2002, machines and parts for machines used in commercial, coin-operated amusement and vending business if a use or occupation tax is paid on the gross receipts derived from the use of the commercial, coin-operated amusement and vending machines.
(36) Beginning on the effective date of this amendatory Act of the 92nd General Assembly, computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of this Act.
_3_____ ---- Food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been HB0043 Engrossed -44- LRB093 02059 DRJ 02062 b prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use, when purchased for use by a person receiving medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act.
(36) Beginning _______2_______ -------------i------------- ------a--------------------h----------------------l--, computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of this Act.
(37) Beginning on the effective date of this amendatory Act of the 92nd General Assembly, personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of this Act.
(37) Beginning _______2_______ -------------i------------- ------a--------------------t----------------------b---, personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of this Act.
(38) Beginning on January 1, 2002, tangible personal property purchased from an Illinois retailer by a taxpayer engaged in centralized purchasing activities in Illinois who will, upon receipt of the property in Illinois, temporarily store the property in Illinois (i) for the purpose of subsequently transporting it outside this State for use or consumption thereafter solely outside this State or (ii) for the purpose of being processed, fabricated, or manufactured into, attached to, or incorporated into other tangible personal property to be transported outside this State and thereafter used or consumed solely outside this State.
(38) Beginning on January 1, 2002, tangible personal property purchased from an Illinois retailer by a taxpayer engaged in centralized purchasing activities in Illinois who will, upon receipt of the property in Illinois, temporarily store the property in Illinois (i) for the purpose of subsequently transporting it outside this State for use or consumption thereafter solely outside this State or (ii) for the purpose of being processed, fabricated, or manufactured into, attached to, or incorporated into other tangible HB0043 Engrossed -45- LRB093 02059 DRJ 02062 b personal property to be transported outside this State and thereafter used or consumed solely outside this State.
The Director of Revenue shall, pursuant to rules adopted in accordance with the Illinois Administrative Procedure Act, -44- LRB093 02059 DRJ 02062 b issue a permit to any taxpayer in good standing with the Department who is eligible for the exemption under this paragraph (38).
The Director of Revenue shall, pursuant to rules adopted in accordance with the Illinois Administrative Procedure Act, issue a permit to any taxpayer in good standing with the Department who is eligible for the exemption under this paragraph (38).
_3______________________1_____________________D_____________ ________a__________________l______________________c_____________ _____c_____________________f______________________m_____________ _____P_____________________l_______________________P____________ _____u_____________________e________________________y___________ _____s_____________________h______________________e_____________ _____f_____________________h______________________l_____________ _____e_____________________c______________________t_____________ _____d_____________________i______________________y_____________ ______g____________________i_______________________u___________ (Source:
_3_____________________y______________________D_____________ ________a__________________l______________________c_____________ _____c_____________________f______________________m_____________ _____P_____________________l_______________________P____________ _____u_____________________e________________________y___________ _____s_____________________h______________________e_____________ _____f_____________________h______________________l_____________ _____e_____________________c______________________t_____________ _____d_____________________i______________________y_____________ ______g____________________i_______________________u___________ (Source:
7-16-02.)
7-16-02;
revised 1-26-03.)
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Action History

  1. Session Sine Die

  2. Third Reading Deadline Extended - Rule 2-10, extended to January 11, 2005.

  3. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  4. Placed on Calendar Order of Non-Concurrence Senate Amendment(s) 02,03 - May 29, 2003

  5. Secretary's Desk - Non-Concurrence Senate Amendment(s) 02,03

  6. Senate Floor Amendment No. 3 House Non-Concurs by Voice Vote

  7. Senate Floor Amendment No. 2 House Non-Concurs by Voice Vote

  8. Final Action Deadline Extended-9(b) May 31, 2003

  9. Senate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee

  10. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

  11. Senate Floor Amendment No. 3 Motion Filed Concur Rep. Daniel J. Burke; Motion #1

  12. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Daniel J. Burke; Motion #1

  13. Placed on Calendar Order of Concurrence Senate Amendment(s) 2 and 3

  14. Arrived in House

  15. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  16. Third Reading - Passed; 032-023-002

  17. Placed on Calendar Order of 3rd Reading May 16, 2003

  18. Senate Floor Amendment No. 3 Adopted; Crotty

  19. Recalled to Second Reading

  20. Senate Floor Amendment No. 3 Be Approved for Consideration Rules

  21. Senate Floor Amendment No. 3 Referred to Rules

  22. Senate Floor Amendment No. 3 Filed with Secretary by Sen. M. Maggie Crotty

  23. Placed on Calendar Order of 3rd Reading May 16, 2003

  24. Senate Floor Amendment No. 2 Adopted; Crotty

  25. Second Reading

  26. Added as Alternate Co-Sponsor Sen. Jacqueline Y. Collins

  27. Senate Floor Amendment No. 2 Be Adopted Executive; 008-003-000

  28. Senate Floor Amendment No. 2 Rules Refers to Executive

  29. Senate Floor Amendment No. 2 Referred to Rules

  30. Senate Floor Amendment No. 2 Filed with Secretary by Sen. M. Maggie Crotty

  31. Added as Alternate Co-Sponsor Sen. Edward D. Maloney

  32. Senate Floor Amendment No. 1 Postponed - Health & Human Services

  33. Senate Floor Amendment No. 1 Rules Refers to Health & Human Services

  34. Senate Floor Amendment No. 1 Referred to Rules

  35. Senate Floor Amendment No. 1 Filed with Secretary by Sen. M. Maggie Crotty

  36. Fiscal Note Requested by Sen. Dale A. Righter

  37. Placed on Calendar Order of 2nd Reading April 29, 2003

  38. Do Pass Health & Human Services; 007-003-000

  39. Added as Alternate Co-Sponsor Sen. Mattie Hunter

  40. Added as Alternate Co-Sponsor Sen. Iris Y. Martinez

  41. Assigned to Health & Human Services

  42. Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford

  43. Added as Alternate Chief Co-Sponsor Sen. Dan Cronin

  44. Added as Alternate Chief Co-Sponsor Sen. Kathleen L. Wojcik

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

  46. Added as Alternate Chief Co-Sponsor Sen. Martin A. Sandoval

  47. Referred to Rules

  48. First Reading

  49. Chief Senate Sponsor Sen. M. Maggie Crotty

  50. Placed on Calendar Order of First Reading

  51. Arrive in Senate

  52. Added Co-Sponsor Rep. Robert Rita

  53. Added Co-Sponsor Rep. William Davis

  54. Added Co-Sponsor Rep. Annazette Collins

  55. Added Co-Sponsor Rep. Eddie Washington

  56. Added Co-Sponsor Rep. Lovana Jones

  57. Added Co-Sponsor Rep. Cynthia Soto

  58. Added Co-Sponsor Rep. William Delgado

  59. Added Co-Sponsor Rep. Edward J. Acevedo

  60. Added Co-Sponsor Rep. Susana Mendoza

  61. Third Reading - Short Debate - Passed 108-005-004

  62. Added Co-Sponsor Rep. JoAnn D. Osmond

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

  64. Added Co-Sponsor Rep. Lou Lang

  65. Added Co-Sponsor Rep. Kenneth Dunkin

  66. Added Co-Sponsor Rep. Mike Boland

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

  68. House Floor Amendment No. 2 Adopted by Voice Vote

  69. Second Reading - Short Debate

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

  71. Added Co-Sponsor Rep. Deborah L. Graham

  72. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000

  73. Added Co-Sponsor Rep. Donald L. Moffitt

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

  75. House Floor Amendment No. 2 Referred to Rules Committee

  76. House Floor Amendment No. 2 Filed with Clerk by Rep. Daniel J. Burke

  77. State Debt Impact Note Filed

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

  79. Added Co-Sponsor Rep. Robert S. Molaro

  80. Added Co-Sponsor Rep. Mary K. O'Brien

  81. Added Co-Sponsor Rep. Linda Chapa LaVia

  82. Added Co-Sponsor Rep. Brent Hassert

  83. Placed on Calendar 2nd Reading - Short Debate

  84. Do Pass as Amended / Short Debate Executive Committee; 012-000-000

  85. House Committee Amendment No. 1 Adopted in Executive Committee; 012-000-000

  86. House Committee Amendment No. 1 Filed with Clerk by Executive Committee

  87. Added Co-Sponsor Rep. Robin Kelly

  88. Added Co-Sponsor Rep. Karen May

  89. Added Co-Sponsor Rep. Patricia Bailey

  90. Added Co-Sponsor Rep. Kathleen A. Ryg

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

  92. Added Co-Sponsor Rep. Jack McGuire

  93. Added Co-Sponsor Rep. Angelo Saviano

  94. Added Co-Sponsor Rep. Bob Biggins

  95. Added Co-Sponsor Rep. John Philip Novak

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

  97. Added Co-Sponsor Rep. David E. Miller

  98. Added Co-Sponsor Rep. Steve Davis

  99. Added Co-Sponsor Rep. Richard T. Bradley

  100. Added Co-Sponsor Rep. Joseph M. Lyons

  101. Added Co-Sponsor Rep. Elaine Nekritz

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

  103. Added Co-Sponsor Rep. George Scully, Jr.

  104. Added Co-Sponsor Rep. Constance A. Howard

  105. Added Co-Sponsor Rep. Julie Hamos

  106. Added Co-Sponsor Rep. Harry Osterman

  107. Added Chief Co-Sponsor Rep. Sara Feigenholtz

  108. Assigned to Executive Committee

  109. Added Chief Co-Sponsor Rep. John A. Fritchey

  110. Added Chief Co-Sponsor Rep. Mary E. Flowers

  111. Added Chief Co-Sponsor Rep. William B. Black

  112. Referred to Rules Committee

  113. First Reading

  114. Prefiled with Clerk by Rep. Daniel J. Burke

Sponsors

  • Daniel J. Burke · Cosponsor
  • Kimberly A. Lightford · Cosponsor
  • Iris Y. Martinez · Cosponsor
  • Mattie Hunter · Cosponsor
  • Edward D. Maloney · Cosponsor
  • Jacqueline Y. Collins · Cosponsor

Sponsorship breakdown

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0 sponsors · 6 co-sponsors · 177 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (6)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"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

Third Reading

Passed 32 Yea · 23 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 262203
Democrat 6001
Republican 0100
Total 322304
% of votes cast 54%39%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Nay
Soden — Nay
Lauzen — Nay
Luechtefeld — Nay
Althoff — Nay
Martinez — Yea
Bomke — Nay
Burzynski — Nay
Clayborne — Yea
Cronin — Nay
Halvorson — Yea
Link — Yea
Maloney — Yea
Meeks — Yea
Munoz — Yea
Obama — Yea
Sullivan, D. — Yea
Peterson — Nay
Schoenberg — Yea
Shadid — Yea
Jacobs — Yea
Silverstein — Yea
Cullerton — Yea
Demuzio — Yea
Trotter — Yea
Brady — Nay
Sullivan, J. — Nay
Petka — Nay
Jones, J. — Nay
Viverito — Yea
Jones, W. — Nay
Watson — Nay
Crotty — Yea
DeLeo — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Woolard — Yea
Winkel — Nay
Wojcik — Not Voting
Dillard — Nay
Geo-Karis — Not Voting
Radogno — Nay
Rauschenberger — Nay
Righter — Nay
Risinger — Not Voting
Ronen — Yea
Roskam — Nay
Rutherford — Nay
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Third Reading

Passed 108 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 96505
Democrat 9000
Republican 3000
Total 108505
% of votes cast 92%4%0%4%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Slone — Yea
Soto — Yea
Winters — Not Voting
Younge — Yea
Lindner — 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 — Yea
Brunsvold — Yea
Meyer — Yea
Molaro — Yea
Eddy — Nay
Munson — Not Voting
Hassert — Yea
Hultgren — Yea
Jefferson — Yea
O'Brien — Not Voting
Parke — Not Voting
Lang — Yea
Leitch — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Bailey — Yea
Lyons, Eileen — Yea
Lyons, Joseph — Yea
Pankau — Yea
Reitz — Yea
Phelps — Yea
Pihos — Yea
Scully — Yea
McGuire — Yea
Bradley, Richard — Yea
Brady — Yea
Dunkin — Yea
Flider — Yea
Flowers — Yea
Forby — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Graham — Yea
Krause — Yea
Kurtz — Yea
Madigan — Yea
Hannig — Yea
Millner — Yea
Mitchell, Bill — Yea
Moffitt — Yea
Burke — Yea
Morrow — Not Voting
Mulligan — Yea
Sullivan — Yea
Myers — Yea
Nekritz — Yea
Novak — Yea
Osmond — Yea
Howard — Yea
Osterman — Yea
Sommer — Nay
Watson — Yea
Tenhouse — Yea
Jones — Yea
Turner — Yea
Wait — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Washington — Yea
Wirsing — Yea
Mitchell, Jerry — Nay
Yarbrough — Yea
Capparelli — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Nay
Currie — Yea
Daniels — Yea
Dunn — Nay
Granberg — Yea
Hamos — Yea
Hartke — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Poe — 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

public-safety taxation health-insurance
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Frequently asked questions

What does HB 43 do?
Creates the Physical Fitness Facility Medical Emergency Preparedness Act. Requires various physical fitness facilities, including (i) facilities owned or operated by a unit of local government or by a school, college, or university, (ii) golf courses, and (iii) health or fitness clubs, 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 on its premises at least one automated external defibrillator (AED) and a trained AED user. Authorizes the Department of Public Health to inspect physical fitness facilities to investigate complaints and to ensure compliance with the Act. Authorizes the Department to impose monetary penalties for violations of the Act. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act to provide a tax exemption for private physical fitness facilities in connection with the purchase of AEDs.
Who sponsors HB 43?
HB 43 is sponsored by Daniel J. Burke, Kimberly A. Lightford (Democrat), Iris Y. Martinez, Mattie Hunter (Democrat), Edward D. Maloney, and Jacqueline Y. Collins.
What is the current status of HB 43?
This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 43?
Track HB 43 free on One Click Politics — get push/email alerts when it moves.

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