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| AN ACT concerning the Olympic Games.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| ARTICLE 1. |
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| Section 1-1. Short title. This Act may be cited as the 2016 |
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| Olympic and Paralympic Games Act. |
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| ARTICLE 5. |
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| Section 5-1. Article title. This Article may be cited as |
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| the Olympic Games and Paralympic Games (2016) Law. |
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| Section 5-5. Definitions. For purposes of this Article: |
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| "Bid committee" means Chicago 2016, a local organizing |
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| committee that has been incorporated as a not-for-profit |
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| corporation, that is authorized by the candidate city to submit |
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| a bid on the candidate city's behalf to the IOC for selection |
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| as the host city for the games, and that may serve as (or help |
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| form) the OCOG if the candidate city is selected as the host |
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| city for the games. |
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| "Candidate city" means the City of Chicago, which has been |
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| selected as a candidate by the IOC to be host city of the |
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| games. |
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| "Competition venues" means, collectively, the venues or |
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| facilities to be used for competition and related activities |
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| (including, without limitation, training activities) for the |
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| games as may be determined by the IOC, the USOC, or the OCOG or |
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| the candidate city. |
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| "Games" means the 2016 Olympic and Paralympic Games. |
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| "Governor" means the Governor of Illinois. |
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| "IOC" means the International Olympic Committee. |
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| "IPC" means the International Paralympic Committee. |
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| "Net financial deficit" means any financial deficit of the |
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| OCOG or resulting from the conduct of the games. |
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| "Non-competition venues" means, collectively, the venues |
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| or facilities to be used for non-competition activities |
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| (including, without limitation, live sites, hospitality sites, |
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| and administrative and operational offices) for the games as |
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| determined by the OCOG or the candidate city, or both, and |
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| subject to the reasonable approval of the State. |
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| "OCOG" means the bid committee, as the same may be |
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| reorganized or reconstituted if the candidate city is selected |
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| as the host city for the games, or another not-for-profit |
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| corporation that serves as the organizing committee for the |
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| games and to be established by the candidate city and the bid |
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| committee. |
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| "Olympic properties" means, collectively, (1) the |
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| properties on which the venues will be located and that are |
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| owned or controlled by the State and (2) the Olympic ancillary |
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| properties. |
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| "Olympic ancillary properties" means all public |
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| rights-of-ways or public areas that are owned or controlled by |
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| the State (or over which it has jurisdiction), including but |
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| not limited to streets, highways, sidewalks, alleys, |
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| waterways, parks, and bridges necessary and appropriate to the |
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| staging of the games as determined by the OCOG or the candidate |
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| city, or both, and subject to the reasonable approval of the |
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| State. |
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| "State" means the State of Illinois. |
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| "State indemnification obligation" means the obligation of |
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| the State to indemnify the IOC, IPC or USOC, or a combination |
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| of those entities, against claims of, and liabilities to, third |
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| parties relating to the games, as described in this Article. |
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| "USOC" means the United States Olympic Committee. |
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| "Venues" means, collectively, the competition venues and |
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| non-competition venues. |
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| Section 5-10. Governmental Cooperation. |
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| (a) The State, in accordance with law and to the extent of |
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| the State's authority, and subject to the limitations of this |
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| Article: |
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| (1) guarantees that the candidate city, working in |
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| partnership with the OCOG, shall be the primary and lead |
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| governmental authority for the planning, organization, and |
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| hosting of the games; |
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| (2) guarantees that the candidate city shall be the |
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| primary and lead governmental authority for the planning, |
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| organization, and delivery of public services specific to |
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| the games; |
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| (3) guarantees that the State shall designate a |
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| representative (designated as a games liaison) to be the |
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| primary point of contact for the State to the candidate |
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| city and the OCOG for purposes of intergovernmental |
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| coordination in connection with the games; |
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| (4) guarantees the State's respect of the Olympic |
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| Charter and the Host City Contract promulgated by the IOC; |
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| (5) agrees that all representations, warranties, and |
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| covenants set forth in this Article as well as any written |
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| commitments made by the State regarding the games shall be |
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| binding on the State; |
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| (6) guarantees that the State will take all necessary |
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| measures in order that it fulfill its obligations |
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| completely under this Article and any written commitments |
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| made by the State to the IOC; |
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| (7) declares and confirms that no other important |
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| national or international meeting or event will take place |
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| in the vicinity of the venues during the period one week |
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| before through one week after the games; |
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| (8) guarantees that all construction work necessary |
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| for the organization of the games within the State, to the |
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| extent permitted or authorized by the State, will comply |
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| with (i) local, regional, and national environmental |
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| regulations and acts and (ii) international agreements and |
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| protocols to which the United States is a party regarding |
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| planning, construction, and protection of the environment; |
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| (9) guarantees that it shall provide or cause to be |
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| provided all security, medical, and other |
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| government-related services that the State customarily |
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| provides for comparable large-scale events and that are |
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| necessary for the successful planning, organization, and |
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| staging of the portions of the games within the State, at |
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| no cost to the OCOG; |
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| (10) agrees to take such action as may be required by |
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| law, and to be effective for the period not later than |
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| January 1, 2010 and through the end of the games, to |
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| suspend or waive the imposition and collection of fees and |
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| charges otherwise imposed and collected by or on behalf of |
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| the State for permits and licenses issued to the OCOG |
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| applicable to the design, development, construction, and |
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| operation or use of the venues and properties related to |
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| the games; |
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| (11) agrees to cooperate with the candidate city, the |
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| bid committee and the OCOG, as well as local, regional, and |
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| national business, trade, and service organizations in |
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| order to promote and encourage, to the extent permitted by |
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| law, the charging of ordinary and customary prices for |
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| goods and services associated with the games within the |
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| State (including, but not limited to, hotel rates, |
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| restaurants, and related services) for anyone attending |
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| the games, including non-accredited spectators; |
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| (12) agrees that, if requested by the candidate city, |
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| the bid committee, or the OCOG, it shall permit any member |
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| of the General Assembly to introduce legislation necessary |
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| to: (i) effectively reduce and sanction ambush marketing, |
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| (ii) eliminate illegal street vending during the period |
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| beginning 2 weeks before the games through the end of the |
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| games; and (iii) control advertising space (including, but |
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| not limited to, billboards and advertising on public |
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| transport) as well as air space and that any such |
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| legislation will be introduced as soon as possible but no |
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| later than January 1, 2014; |
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| (13) agrees that it shall not engage in any marketing, |
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| commercial, or signage program in relation to the games |
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| without the prior written consent of the IOC; |
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| (14) agrees that it shall coordinate and cooperate with |
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| the candidate city and the OCOG concerning a "Look of the |
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| Games" program; |
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| (15) agrees that it will cooperate with the OCOG and |
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| the candidate city (including any applicable candidate |
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| city commission) in preventing ambush marketing at the |
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| games within the State; |
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| (16) agrees to enter into a binding option agreement |
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| with the bid committee or the OCOG to provide the OCOG with |
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| the rights to any and all existing or hereafter developed |
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| outdoor commercial advertising space (including |
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| billboards) owned or controlled by the State and located |
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| within the vicinity of any Olympic properties, which |
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| agreement shall provide, among other things, that such |
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| advertising space will be available at the OCOG's option |
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| for a 12-week period encompassing the games at 2008 best |
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| commercial prices adjusted only for inflation; |
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| (17) except as may be provided in any other agreement |
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| between the State and the candidate city, the bid |
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| committee, or the OCOG, agrees to make all of its |
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| non-competition and Olympic ancillary properties available |
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| at no cost to the OCOG; |
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| (18) guarantees that the accessibility standards to be |
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| applied for the Paralympic Games shall include the |
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| Americans with Disabilities Act, the Fair Housing Act, the |
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| Illinois Environmental Barriers Act (and its implementing |
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| regulations, the Illinois Accessibility Code), and the |
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| Illinois Human Rights Act; |
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| (19) shall cooperate with the OCOG to assure that |
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| accessibility will be fully integrated into the planning of |
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| the Paralympic Games comprising part of the games; and |
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| (20) agrees to the formation and authority of the |
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| Chicago Olympic Public Safety Command. |
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| (b) In the event of a conflict between any provision of |
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| this Act and any provision of any written commitments made by |
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| the State regarding the games, this Act shall prevail and |
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| control as to the State. |
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| (c) The bid committee and the OCOG shall provide any |
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| information reasonably requested by the State, with copies to |
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| the leaders of both houses of the General Assembly, to assist |
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| in reviewing the provisions of and performance under this |
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| Article. |
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| (d) Nothing in this Article shall be construed as impairing |
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| the Governor's constitutional authority. |
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| Section 5-15. State indemnification obligation and net |
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| financial deficit. |
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| (a) Solely through the funds contained in the Olympic Games |
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| and Paralympic Games Trust Fund created by this Article, the |
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| State shall be liable to the IOC, the IPC, and the USOC for: |
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| (1) the State indemnification obligation; and |
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| (2) any net financial deficit. |
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| The State's liability for the State indemnification |
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| obligation and any net financial deficit shall be subject to |
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| the terms of this Section of this Article. |
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| (b) The State shall not make any payments with respect to |
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| the State indemnification obligation or any net financial |
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| deficit until and after (i) all bid committee and all OCOG net |
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| operating revenues, surplus, reserves, contingencies, |
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| receivables, funds, and other available assets and security |
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| have been fully expended and (ii) the candidate city has first |
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| paid at least $250,000,000 in the aggregate towards amounts |
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| that would give rise to a State indemnification obligation or a |
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| net financial deficit payment obligation on the State's part, |
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| or both. |
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| (c) Any financial commitments of the State under this |
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| Section shall be satisfied exclusively by recourse to the |
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| Olympic Games and Paralympic Games Trust Fund. |
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| (d) Any financial commitments of the State under this |
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| Section shall not exceed $250,000,000 in the aggregate. |
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| Section 5-20. Olympic Games and Paralympic Games Trust |
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| Fund. |
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| (a) The Olympic Games and Paralympic Games Trust Fund is |
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| created as a special fund in the State Treasury. |
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| (b) The State may choose to fund the Olympic Games and |
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| Paralympic Games Trust Fund in any manner it considers |
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| appropriate, and at such time or times the State determines |
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| necessary. By the beginning of State fiscal year 2016, the |
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| State shall appropriate sums of money to the Olympic Games and |
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| Paralympic Games Trust Fund to provide security for the State |
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| indemnification obligation and the net financial deficit. |
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| (c) The moneys in the Olympic Games and Paralympic Games |
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| Trust Fund may be used only for the sole purpose of fulfilling |
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| the obligations of the State pursuant to the State |
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| indemnification obligation and any net financial deficit. For |
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| each dollar that is expended from the Olympic Games and |
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| Paralympic Games Trust Fund, the State shall expend an |
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| equivalent amount of State funds for road projects outside of |
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| the county in which the candidate city is located. |
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| (d) No additional State funds shall be deposited into the |
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| Olympic Games and Paralympic Games Trust Fund once the Governor |
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| determines that the fund has achieved, or is reasonably |
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| expected to otherwise accrue, a sufficient balance to provide |
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| adequate security, acceptable to the IOC, to demonstrate the |
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| State's ability to fulfill its obligations to satisfy the State |
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| indemnification obligation and any net financial deficit |
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| payment obligation. |
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| (e) If the candidate city is selected as the host city for |
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| the games, the Olympic Games and Paralympic Games Trust Fund |
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| shall be maintained until a determination by the Governor is |
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| made that the State's obligations to satisfy the State |
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| indemnification obligation and to be liable for any net |
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| financial deficit are satisfied and concluded, at which time |
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| the fund shall be terminated. |
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| (f) Upon the termination of the Olympic Games and |
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| Paralympic Games Trust Fund, all sums earmarked, transferred, |
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| or contained in the fund, along with any investment earnings |
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| retained in the fund, shall immediately revert to the General |
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| Revenue Fund. |
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| Section 5-25. Fund as security; liability. Any moneys |
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| deposited, transferred, or otherwise contained in the Olympic |
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| Games and Paralympic Games Trust Fund shall be, upon |
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| appropriation by the General Assembly, used for the sole |
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| purpose of providing adequate security, acceptable to the IOC, |
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| to demonstrate the State's ability to satisfy its State |
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| indemnification obligation and to be liable for any net |
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| financial deficit. The security may be provided by moneys |
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| contained in the Fund as provided in Section 5-20, or by |
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| insurance coverage, letters of credit, or other acceptable |
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| secured instruments purchased or secured by the moneys, or by |
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| any combination thereof. |
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| Section 5-30. Insurance. The bid committee and the OCOG |
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| shall list the State and the candidate city as additional |
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| insureds on any policy of insurance purchased by the bid |
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| committee or the OCOG to be in effect in connection with the |
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| preparation for and conduct of the games. |
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| Section 5-35. Bid committee and OCOG responsibilities. The |
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| bid committee and the OCOG may not engage in any conduct that |
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| reflects unfavorably upon the State, the candidate city, or the |
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| games, or that is contrary to law or to the rules and |
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| regulations of the IOC, IPC, or USOC. |
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| Section 5-40. Authority of the Governor. Subject to the |
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| limitations of this Article, including but not limited to those |
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| contained in Section 5-15, the Governor, or his or her |
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| designee, on behalf of the State, may execute such other |
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| agreements or contracts as may be required by the OCOG, the |
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| USOC, the IOC, or the IPC in connection with the candidate city |
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| and bid committee's bid to host the Games. |
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| Section 5-42. Diversity program. |
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| (a) The OCOG shall establish and maintain a diversity |
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| program to ensure non-discrimination in the award of contracts |
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| by the OCOG and the administration of those contracts. To the |
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| maximum extent permitted by law, the OCOG shall establish goals |
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| as part of the program of awarding not less than 25% of the |
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| annual dollar value of all contracts, purchase orders, or other |
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| agreements (collectively referred to as "the contracts") to |
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| minority owned businesses or businesses owned by a person with |
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| a disability, and 5% of the annual dollar value of the |
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| contracts to female owned businesses. The subject of the |
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| contracts includes, but is not limited to, the purchase of |
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| professional services, construction services, supplies, |
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| materials, and equipment. Recognizing that the planning, |
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| organization, and staging of the games is a unique undertaking, |
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| the goals established in this subsection shall exclude: all |
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| contracts, purchase orders, or other agreements that (i) must |
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| be awarded to a specific source as a result of the OCOG's legal |
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| obligations to the USOC or IOC or its official tier 1, tier 2 |
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| or tier 3 sponsors, (ii) the OCOG awards to a unique or limited |
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| supplier of a product, equipment, or service required for the |
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| games, or (iii) the payments under which are passed through to |
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| other constituencies involved in or attending the games (such |
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| as under the games accommodation program). If, however, the |
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| OCOG awards any contracts, purchase orders, or other agreements |
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| described in items (i) through (iii) to a minority-owned |
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| business, business owned by a person with a disability, or a |
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| female-owned business, those contracts shall be considered |
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| towards the goals described in this subsection. |
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| (b) For purposes of this Section, the terms "minority owned |
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| business", "business owned by a person with a disability", and |
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| "female owned business" have the meanings given to those terms |
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| in the Business Enterprise for Minorities, Females, and Persons |
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| with Disabilities Act. For purposes of meeting the goals of |
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| this Section, the State shall recognize OCOG contracts |
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| performed in the candidate city that are awarded to |
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| minority-owned business enterprises, business enterprises |
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| owned by persons with disabilities, or women-owned business |
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| enterprises, as those terms are defined in the municipal code |
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| of the candidate city. |
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| (c) The OCOG shall establish and maintain a diversity |
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| program designed to promote equal employment opportunity with |
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| respect to its management and operations. The program shall |
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| include a plan, including timetables, as appropriate, that |
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| specify goals and methods for increasing participation by |
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| women, minorities, and persons with disabilities in those |
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| employment opportunities. |
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| (d) Beginning on January 1, 2011, and each year thereafter |
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| until the completion of the games, the OCOG shall issue a |
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| written report to the Governor, President of the Senate, |
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| Minority Leader of the Senate, Speaker of the House of |
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| Representatives, Minority Leader of the House of |
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| Representatives, mayor of the candidate city, and city council |
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| of the candidate city providing the number of respective |
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| employees who have designated themselves as members of a |
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| minority group, as persons with a disability, or as women. The |
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| report shall also describe in detail the OCOG's compliance with |
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| the requirements of subsections (a) and (c) of this Section. |
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| (e) The Diversity Program Commission is created to monitor, |
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| review, and report on minority, female, and persons with |
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| disabilities contracting and employment related to the |
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| planning, organization, and staging of the games. The |
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| Commission shall consist of 2 members appointed by the |
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| Governor, 2 members appointed by the President of the Senate, 2 |
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| members appointed by the Minority Leader of the Senate, 2 |
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| members appointed by the Speaker of the House of |
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| Representatives, 2 members appointed by the Minority Leader of |
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| the House of Representatives, one member appointed by the |
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| Metropolitan Pier and Exposition Authority Board, one member |
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| appointed by the Board of Trustees of the University of |
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| Illinois, one member appointed by the Board of Commissioners of |
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| the Chicago Park District, 5 members appointed by the mayor of |
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| the candidate city, and 5 representatives of the OCOG's |
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| outreach advisory council appointed by the other members of the |
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| Commission upon an affirmative vote of at least 10 of those |
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| other members. All appointments shall be made by January 1, |
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| 2011. The State encourages all parties with the power to |
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| appoint members to the Commission to take into account a broad |
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| range of experience, including but not limited to experience in |
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| government, small business ownership or management, civic or |
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| community involvement, and advocacy of equal opportunity for |
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| minorities, women, and the disabled in employment and |
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| contracting. Beginning on January 1, 2012, and each year |
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| thereafter until the completion of the games, the Commission |
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| shall file a written report with the OCOG, the General |
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| Assembly, the Governor, the mayor of the candidate city, and |
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| the city council of the candidate city regarding compliance |
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| with the diversity requirements of this Article. The Commission |
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| may file a supplemental report at any time. The Commission |
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| shall elect its own chairperson, and Commission members shall |
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| serve without compensation. |
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| The Commission shall meet quarterly and as needed. The |
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| Commission shall also meet within one week after the issuance |
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| of the reports required under this subsection to, among other |
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| things, discuss whether or not: (i) the OCOG is in compliance |
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| with the requirements of this Section; (ii) the Metropolitan |
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| Pier and Exposition Authority is in compliance with Section |
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| 23.1 of the Metropolitan Pier and Exposition Authority Act as |
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| amended in this Article; (iii) the University of Illinois is in |
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| compliance with Section 4 of the Business Enterprise for |
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| Minorities, Females, and Persons with Disabilities Act and |
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| Section 1.1 of the University of Illinois at Chicago Act as |
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| amended in this Article; and (iv) the Chicago Park District is |
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| in compliance with Section 7.07 of the Chicago Park District |
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| Act as amended in this Article. |
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| The Commission shall include in any report required under |
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| this subsection, among other things: (i) a list that sets forth |
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| each person or entity awarded a contract that is the subject of |
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| the diversity program described in this Section by the OCOG, |
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| the Metropolitan Pier and Exposition Authority, the University |
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| of Illinois, and the Chicago Park District and the name, |
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| address, contact information, and total dollar amount of the |
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| contract or contracts; and (ii) a determination of whether the |
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| OCOG, the Metropolitan Pier and Exposition Authority, the |
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| University of Illinois, and the Chicago Park District are in |
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| compliance with their respective obligations. If in any |
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| reporting period the OCOG, the Metropolitan Pier and Exposition |
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| Authority, the University of Illinois, or the Chicago Park |
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| District is not in compliance with its respective obligations, |
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| then each that is not in compliance shall file with the |
22 |
| Commission within 14 business days a written explanation |
23 |
| setting forth the reason or reasons for noncompliance. The |
24 |
| Commission shall then meet within one week after receiving the |
25 |
| written explanations to discuss the stated reason or reasons |
26 |
| for noncompliance. |
|
|
|
SB2016 Enrolled |
- 17 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| The OCOG, the Metropolitan Pier and Exposition Authority, |
2 |
| the University of Illinois, and the Chicago Park District shall |
3 |
| cooperate with the Commission and provide the Commission with |
4 |
| requested information, unless disclosure is prohibited by law. |
5 |
| Section 5-43. OCOG membership diversity. The State |
6 |
| encourages all parties with the power to appoint members to the |
7 |
| OCOG Board of Directors to take into account the racial and |
8 |
| ethnic diversity of the candidate city in making such |
9 |
| appointments. |
10 |
| Section 5-45. Inoperability. |
11 |
| (a) If the candidate city terminates its candidacy to |
12 |
| become the host city for the games, then this Article is |
13 |
| inoperable upon that termination. |
14 |
| (b) If the IOC does not select the candidate city as the |
15 |
| host city for the games on or before December 1, 2009, then |
16 |
| this Article is inoperable on and after that date. |
17 |
| Section 5-95. The State Finance Act is amended by adding |
18 |
| Sections 5.719 and 6z-80 as follows: |
19 |
| (30 ILCS 105/5.719 new) |
20 |
| Sec. 5.719. The Olympic Games and Paralympic Games Trust |
21 |
| Fund. |
|
|
|
SB2016 Enrolled |
- 18 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| (30 ILCS 105/6z-80 new) |
2 |
| Sec. 6z-80. Appropriations from the Olympic Games and |
3 |
| Paralympic Games Trust Fund. The Olympic Games and Paralympic |
4 |
| Games Trust Fund is created as a special fund in the State |
5 |
| treasury. Subject to appropriation, all money in the Olympic |
6 |
| Games and Paralympic Games Trust Fund must be used to make |
7 |
| payments required under the Olympic Games and Paralympic Games |
8 |
| (2016) Law. |
9 |
| Section 5-96. The Business Enterprise for Minorities, |
10 |
| Females, and Persons with
Disabilities Act is amended by |
11 |
| changing Section 4 as follows:
|
12 |
| (30 ILCS 575/4) (from Ch. 127, par. 132.604)
|
13 |
| (Section scheduled to be repealed on June 30, 2010)
|
14 |
| Sec. 4. Award of State contracts.
|
15 |
| (a) Except as provided in subsections subsection (b) and |
16 |
| (c) , not less than 12% of
the total dollar amount of State |
17 |
| contracts, as defined by the Secretary of
the Council and |
18 |
| approved by the Council, shall be established as a goal to
be |
19 |
| awarded to businesses owned by minorities,
females, and persons |
20 |
| with disabilities; provided, however, that
contracts |
21 |
| representing at least five-twelfths of the total amount of all
|
22 |
| State contracts awarded to businesses owned by
minorities, |
23 |
| females, and persons with disabilities pursuant to
this Section |
24 |
| shall be awarded to female owned businesses, and that
contracts |
|
|
|
SB2016 Enrolled |
- 19 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| representing at least one-sixth of the total amount of all |
2 |
| State
contracts awarded to businesses owned by
minorities, |
3 |
| females, and persons with disabilities pursuant to this
Section |
4 |
| shall be awarded to businesses owned by persons
with |
5 |
| disabilities.
|
6 |
| The above percentage relates to the total dollar amount of |
7 |
| State
contracts during each State fiscal year, calculated by |
8 |
| examining
independently each type of contract for each agency |
9 |
| or university which
lets such contracts. Only that percentage |
10 |
| of arrangements which represents the participation of |
11 |
| businesses owned by
minorities, females, and persons with |
12 |
| disabilities on such contracts shall
be included.
|
13 |
| (b) In the case of State construction contracts, the |
14 |
| provisions of
subsection (a) requiring a portion of State |
15 |
| contracts to be awarded to
businesses owned and controlled by |
16 |
| persons with
disabilities do not apply. Not less
than 10% of |
17 |
| the total dollar amount of State construction contracts is
|
18 |
| established as a goal to be awarded to minority and female |
19 |
| owned
businesses, and contracts representing 50% of the amount |
20 |
| of all State
construction contracts awarded to minority and |
21 |
| female owned businesses
shall be awarded to female owned |
22 |
| businesses.
|
23 |
| (c) In the case of all work undertaken by the University of |
24 |
| Illinois related to the planning, organization, and staging of |
25 |
| the games, the University of Illinois shall establish a goal of |
26 |
| awarding not less than 25% of the annual dollar value of all |
|
|
|
SB2016 Enrolled |
- 20 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| contracts, purchase orders, and other agreements (collectively |
2 |
| referred to as "the contracts") to minority-owned businesses or |
3 |
| businesses owned by a person with a disability and 5% of the |
4 |
| annual dollar value the contracts to female-owned businesses. |
5 |
| For purposes of this subsection, the term "games" has the |
6 |
| meaning set forth in the Olympic Games and Paralympic Games |
7 |
| (2016) Law. |
8 |
| (Source: P.A. 87-701; 88-597, eff. 8-28-94 .)
|
9 |
| Section 5-97. The State Mandates Act is amended by adding |
10 |
| Section 8.33 as follows: |
11 |
| (30 ILCS 805/8.33 new)
|
12 |
| Sec. 8.33. Exempt mandate. Notwithstanding the provisions |
13 |
| of Sections 6 and 8 of this Act, no reimbursement by the State |
14 |
| is required for the implementation of Section 5-42 of the |
15 |
| Olympic Games and Paralympic Games (2016) Law.
|
16 |
| Section 95-98. The Metropolitan Pier and Exposition |
17 |
| Authority Act is amended by changing Section 23.1 as follows:
|
18 |
| (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
|
19 |
| Sec. 23.1. Affirmative action.
|
20 |
| (a) The Authority shall, within 90 days after the effective
|
21 |
| date of this amendatory Act of 1984, establish and maintain an |
22 |
| affirmative
action program designed to promote equal |
|
|
|
SB2016 Enrolled |
- 21 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| employment opportunity and
eliminate the effects of past |
2 |
| discrimination. Such program shall include a
plan, including |
3 |
| timetables where appropriate, which shall specify goals
and |
4 |
| methods for increasing participation by women and minorities in
|
5 |
| employment , including employment related to the planning, |
6 |
| organization, and staging of the games, by the Authority and by |
7 |
| parties which contract with the Authority.
The Authority shall |
8 |
| submit a detailed plan with the General Assembly prior
to |
9 |
| September 1 of each year. Such program shall also establish |
10 |
| procedures and
sanctions (including debarment), which the |
11 |
| Authority shall enforce to
ensure compliance with the plan |
12 |
| established pursuant to this Section and
with State and federal |
13 |
| laws and regulations relating to the employment of
women and |
14 |
| minorities. A determination by the Authority as to whether a
|
15 |
| party to a contract with the Authority has achieved the goals |
16 |
| or employed
the methods for increasing participation by women |
17 |
| and minorities shall be
determined in accordance with the terms |
18 |
| of such contracts or the applicable
provisions of rules and |
19 |
| regulations of the Authority existing at the time
such contract |
20 |
| was executed, including any provisions for consideration of
|
21 |
| good faith efforts at compliance which the Authority may |
22 |
| reasonably adopt.
|
23 |
| (b) The Authority shall adopt and maintain minority and
|
24 |
| female owned business enterprise procurement programs under |
25 |
| the affirmative
action program described in subsection (a) for |
26 |
| any and all work , including all contracting related to the |
|
|
|
SB2016 Enrolled |
- 22 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| planning, organization, and staging of the games, undertaken
by |
2 |
| the Authority. That work shall include, but is not limited to, |
3 |
| the
purchase of professional services, construction services, |
4 |
| supplies,
materials, and equipment. The programs shall |
5 |
| establish goals of awarding
not less than 25% of the annual |
6 |
| dollar value of all contracts, purchase
orders, or other |
7 |
| agreements (collectively referred to as "contracts") to
|
8 |
| minority owned businesses and 5% of the annual dollar value of |
9 |
| all
contracts to female owned businesses. Without limiting the |
10 |
| generality of
the foregoing, the programs shall require in |
11 |
| connection with the
prequalification or consideration of |
12 |
| vendors for professional service
contracts, construction |
13 |
| contracts, and contracts for supplies, materials,
equipment, |
14 |
| and services that each proposer or bidder submit as part of his
|
15 |
| or her proposal or bid a commitment detailing how he or she |
16 |
| will expend 25%
or more of the dollar value of his or her |
17 |
| contracts with one or more
minority owned businesses and 5% or |
18 |
| more of the dollar value with one or
more female owned |
19 |
| businesses. Bids or proposals that do not include such
detailed |
20 |
| commitments are not responsive and shall be rejected unless the
|
21 |
| Authority deems it appropriate to grant a waiver of these |
22 |
| requirements. In
addition the Authority may, in connection with |
23 |
| the selection of providers
of professional services, reserve |
24 |
| the right to select a minority or female
owned business or |
25 |
| businesses to fulfill the commitment to minority and
female |
26 |
| business participation. The commitment to minority and female
|
|
|
|
SB2016 Enrolled |
- 23 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| business participation may be met by the contractor or |
2 |
| professional service
provider's status as a minority or female |
3 |
| owned business, by joint venture
or by subcontracting a portion |
4 |
| of the work with or purchasing materials for
the work from one |
5 |
| or more such businesses, or by any combination thereof.
Each |
6 |
| contract shall require the contractor or provider to submit a
|
7 |
| certified monthly report detailing the status of that |
8 |
| contractor or
provider's compliance with the Authority's |
9 |
| minority and female owned
business enterprise procurement |
10 |
| program. The Authority, after reviewing
the monthly reports of |
11 |
| the contractors and providers, shall
compile a comprehensive |
12 |
| report regarding compliance with this procurement
program and |
13 |
| file it quarterly with the General Assembly. If, in connection
|
14 |
| with a particular contract, the Authority determines that it is
|
15 |
| impracticable or excessively costly to obtain minority or |
16 |
| female owned
businesses to perform sufficient work to fulfill |
17 |
| the commitment required by
this subsection, the Authority shall |
18 |
| reduce or waive the commitment in the
contract, as may be |
19 |
| appropriate. The Authority shall establish rules and
|
20 |
| regulations setting forth the standards to be used in |
21 |
| determining whether
or not a reduction or waiver is |
22 |
| appropriate. The terms "minority owned
business" and "female |
23 |
| owned business" have the meanings given to those
terms in the |
24 |
| Business Enterprise for Minorities,
Females, and Persons with |
25 |
| Disabilities Act.
|
26 |
| (c) The Authority shall adopt and maintain an affirmative
|
|
|
|
SB2016 Enrolled |
- 24 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| action program in connection with the hiring
of minorities and |
2 |
| women on the Expansion Project and on any and all
construction |
3 |
| projects , including all contracting related to the planning, |
4 |
| organization, and staging of the games, undertaken by the |
5 |
| Authority. The program shall be
designed to promote equal |
6 |
| employment opportunity and shall specify the
goals and methods |
7 |
| for increasing the participation of minorities and women
in a |
8 |
| representative mix of job classifications required to perform |
9 |
| the
respective contracts awarded by the Authority.
|
10 |
| (d) In connection with the Expansion Project, the Authority |
11 |
| shall
incorporate the following elements into its minority and |
12 |
| female owned
business procurement programs to the extent |
13 |
| feasible: (1) a major
contractors program that permits minority |
14 |
| owned businesses and female owned
businesses to bear |
15 |
| significant responsibility and risk for a portion of the
|
16 |
| project; (2) a mentor/protege program that provides financial, |
17 |
| technical,
managerial, equipment, and personnel support to |
18 |
| minority owned businesses
and female owned businesses; (3) an |
19 |
| emerging firms program that includes
minority owned businesses |
20 |
| and female owned businesses that would not
otherwise qualify |
21 |
| for the project due to inexperience or limited resources;
(4) a |
22 |
| small projects program that includes participation by smaller
|
23 |
| minority owned businesses and female owned businesses on jobs |
24 |
| where the
total dollar value is $5,000,000 or less; and (5) a |
25 |
| set-aside program that
will identify contracts requiring the |
26 |
| expenditure of funds less than
$50,000 for bids to be submitted |
|
|
|
SB2016 Enrolled |
- 25 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| solely by minority owned businesses and
female owned |
2 |
| businesses.
|
3 |
| (e) The Authority is authorized to enter into agreements |
4 |
| with
contractors' associations, labor unions, and the |
5 |
| contractors working on the
Expansion Project to establish an |
6 |
| Apprenticeship Preparedness Training
Program to provide for an |
7 |
| increase in the number of minority and female
journeymen and |
8 |
| apprentices in the building trades and to enter into
agreements |
9 |
| with Community College District 508 to provide readiness |
10 |
| training.
The Authority is further authorized to enter into |
11 |
| contracts with public and
private educational institutions and |
12 |
| persons in the hospitality industry to
provide training for |
13 |
| employment in the hospitality industry.
|
14 |
| (f) McCormick Place Advisory Board. There is created a |
15 |
| McCormick Place
Advisory Board composed as follows:
2 members |
16 |
| shall be appointed by the Mayor of Chicago;
2 members shall be |
17 |
| appointed by the Governor;
2 members shall be State Senators |
18 |
| appointed by the President of the Senate;
2 members shall be |
19 |
| State Senators appointed by the Minority Leader of the
Senate;
|
20 |
| 2 members shall be State Representatives appointed by the |
21 |
| Speaker of the House
of Representatives; and
2 members shall be |
22 |
| State Representatives appointed by the Minority Leader of
the |
23 |
| House of Representatives.
The terms of all previously appointed |
24 |
| members of the Advisory Board expire on
the effective date of |
25 |
| this amendatory Act of the 92nd General Assembly. A
State |
26 |
| Senator or State Representative member may appoint a designee |
|
|
|
SB2016 Enrolled |
- 26 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| to serve
on the McCormick Place Advisory Board in his or her |
2 |
| absence.
|
3 |
| A "member of a minority group" shall mean a person who is a |
4 |
| citizen or
lawful permanent resident of the United States and |
5 |
| who is
|
6 |
| (1) Black (a person having origins in any of the black |
7 |
| racial
groups in Africa);
|
8 |
| (2) Hispanic (a person of Spanish or Portuguese culture |
9 |
| with origins
in Mexico, South or Central America, or the |
10 |
| Caribbean Islands, regardless
of race);
|
11 |
| (3) Asian American (a person having origins in any of |
12 |
| the original
peoples of the Far East, Southeast Asia, the |
13 |
| Indian Subcontinent, or the
Pacific Islands); or
|
14 |
| (4) American Indian or Alaskan Native (a person having |
15 |
| origins in any
of the original peoples of North America).
|
16 |
| Members of the McCormick Place Advisory Board shall serve |
17 |
| 2-year terms
and until their successors are appointed, except |
18 |
| members who serve as a
result of their elected position whose |
19 |
| terms shall continue as long as
they hold their designated |
20 |
| elected positions. Vacancies shall be filled by
appointment for |
21 |
| the unexpired term in the same manner as original
appointments |
22 |
| are made. The McCormick Place Advisory Board shall elect
its |
23 |
| own chairperson.
|
24 |
| Members of the McCormick Place Advisory Board shall serve |
25 |
| without
compensation but, at the Authority's discretion, shall |
26 |
| be reimbursed for
necessary expenses in connection with the |
|
|
|
SB2016 Enrolled |
- 27 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| performance of their duties.
|
2 |
| The McCormick Place Advisory Board shall meet quarterly, or |
3 |
| as needed,
shall produce any reports it deems necessary, and |
4 |
| shall:
|
5 |
| (1) Work with the Authority on ways to improve the area |
6 |
| physically
and economically;
|
7 |
| (2) Work with the Authority regarding potential means |
8 |
| for providing
increased economic opportunities to |
9 |
| minorities and women produced
indirectly or directly from |
10 |
| the construction and operation of the
Expansion Project;
|
11 |
| (3) Work with the Authority to minimize any potential |
12 |
| impact on the
area surrounding the McCormick Place |
13 |
| Expansion Project, including any
impact on minority or |
14 |
| female owned businesses, resulting from the
construction |
15 |
| and operation of the Expansion Project;
|
16 |
| (4) Work with the Authority to find candidates for |
17 |
| building trades
apprenticeships, for employment in the |
18 |
| hospitality industry, and to identify
job training |
19 |
| programs;
|
20 |
| (5) Work with the Authority to implement the provisions |
21 |
| of subsections
(a) through (e) of this Section in the |
22 |
| construction of the Expansion
Project, including the |
23 |
| Authority's goal of awarding not less than 25% and
5% of |
24 |
| the annual dollar value of contracts to minority and female |
25 |
| owned
businesses, the outreach program for minorities and |
26 |
| women, and the
mentor/protege program for providing |
|
|
|
SB2016 Enrolled |
- 28 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| assistance to minority and female
owned businesses.
|
2 |
| (g) The Authority shall comply with subsection (e) of |
3 |
| Section 5-42 of the Olympic Games and Paralympic Games (2016) |
4 |
| Law. For purposes of this Section, the term "games" has the |
5 |
| meaning set forth in the Olympic Games and Paralympic Games |
6 |
| (2016) Law. |
7 |
| (Source: P.A. 91-422, eff. 1-1-00; 92-16, eff. 6-28-01; 92-208, |
8 |
| eff.
8-2-01.)
|
9 |
| Section 95-99. The Chicago Park District Act is amended by |
10 |
| adding Section 7.07 as follows: |
11 |
| (70 ILCS 1505/7.07 new) |
12 |
| Sec. 7.07. Olympic and paralympic games; contracts and |
13 |
| employment. |
14 |
| (a) All contracting and employment related to the planning, |
15 |
| organization, and staging of the games shall be subject to all |
16 |
| applicable ordinances contained in the Code of the Chicago Park |
17 |
| District, including but not limited to Chapter I (General |
18 |
| Provisions and Definitions), Chapter IV (Human Rights), |
19 |
| Chapter V (Personnel), and Chapter XI (Purchasing and |
20 |
| Contracting). |
21 |
| (b) The Chicago Park District shall comply with subsection |
22 |
| (e) of Section 5-42 of the Olympic Games and Paralympic Games |
23 |
| (2016) Law. |
24 |
| (c) For purposes of this Section, the term "games" has the |
|
|
|
SB2016 Enrolled |
- 29 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| meaning set forth in the Olympic Games and Paralympic Games |
2 |
| (2016) Law. |
3 |
| Section 95-100. The University of Illinois at Chicago Act |
4 |
| is amended by adding Section 1.1 as follows: |
5 |
| (110 ILCS 320/1.1 new) |
6 |
| Sec. 1.1. Olympic and paralympic games; contracting and |
7 |
| employment. |
8 |
| (a) All contracting and employment related to the planning, |
9 |
| organization, and staging of the games shall be subject to all |
10 |
| applicable laws, policies, and statements, including but not |
11 |
| limited to Section 4 of the Business Enterprise for Minorities, |
12 |
| Females, and Persons with Disabilities Act and the Statement of |
13 |
| Reaffirmation, Affirmative Action in Employment, University of |
14 |
| Illinois at Chicago, June 2008. The University shall comply |
15 |
| with subsection (e) of Section 5-42 of the Olympic Games and |
16 |
| Paralympic Games (2016) Law. |
17 |
| (b) For purposes of this Section, the term "games" has the |
18 |
| meaning set forth in the Olympic Games and Paralympic Games |
19 |
| (2016) Law. |
20 |
| ARTICLE 10. |
21 |
| Section 10-1. Article title. This Article may be cited as |
22 |
| the Olympic Public Safety Law. |
|
|
|
SB2016 Enrolled |
- 30 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| Section 10-5. Purpose. As part of the bid to host the 2016 |
2 |
| Olympic and Paralympic Games in Chicago, this Article provides |
3 |
| for the creation of a commission, known as the Chicago Olympic |
4 |
| Public Safety Command, or COPSC, that will engage in security |
5 |
| and public safety planning, management, and administration if |
6 |
| Chicago is selected as the host city for the 2016 Olympic and |
7 |
| Paralympic Games. In the event of such selection, it is |
8 |
| intended that COPSC will contribute to the achievement of the |
9 |
| following objectives: foster the intergovernmental cooperation |
10 |
| of local, State, and federal public safety agencies in |
11 |
| providing for the public safety of the Olympic and Paralympic |
12 |
| Games; develop a comprehensive security and public safety plan; |
13 |
| create a unified chain of command; and implement an effective |
14 |
| and efficient public safety and security operation that does |
15 |
| not compromise the celebratory spirit of the Olympic and |
16 |
| Paralympic Games. |
17 |
| Section 10-10. Definitions. As used in this Article: |
18 |
| "Chicago 2016" means Chicago 2016, an Illinois |
19 |
| not-for-profit corporation formed to bid for the opportunity of |
20 |
| hosting the Olympic and Paralympic Games, or as the context |
21 |
| requires, a successor in interest to Chicago 2016, such as an |
22 |
| organizing committee for the Olympic and Paralympic Games |
23 |
| formed after the selection of Chicago as the host city for that |
24 |
| event. |
|
|
|
SB2016 Enrolled |
- 31 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| "COPSC" means the Chicago Olympic Public Safety Command |
2 |
| contemplated in Section 10-15. |
3 |
| "COPSC Chairperson" means the Chairperson of COPSC. |
4 |
| "ESG" means Executive Strategy Group of COPSC. |
5 |
| "Law enforcement and public safety services" includes |
6 |
| programs and services to, among other things: |
7 |
| (1) provide for crowd and traffic safety; |
8 |
| (2) suppress or reduce crime; |
9 |
| (3) provide for or assist in criminal investigation; |
10 |
| (4) provide forensic, communications, and records |
11 |
| support services; |
12 |
| (5) facilitate intelligence and information sharing |
13 |
| among federal, State, and local authorities and with |
14 |
| relevant private sector participants; |
15 |
| (6) deter and disrupt terrorism activity related to the |
16 |
| Olympic and Paralympic Games through aggressive |
17 |
| investigation and prosecution; |
18 |
| (7) assure that the organizational structure and plans |
19 |
| exist to effectively prepare for, and respond to, any |
20 |
| terrorist incidents or other emergencies in the State |
21 |
| related to the Olympic and Paralympic Games; and |
22 |
| (8) assure that public safety plans are coordinated and |
23 |
| integrated with the operations plans of Chicago 2016 for |
24 |
| the Olympic and Paralympic Games. |
25 |
| "Local law enforcement agency" means any political |
26 |
| subdivision of the State or an agency of a political |
|
|
|
SB2016 Enrolled |
- 32 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| subdivision that exists primarily to deter and detect crime and |
2 |
| enforce criminal laws, statutes, and ordinances. |
3 |
| "Local public safety agency" means a political subdivision |
4 |
| of the State or an agency of a political subdivision of the |
5 |
| State that exists to provide: |
6 |
| (1) fire service; |
7 |
| (2) emergency medical services; or |
8 |
| (3) emergency management and communication. |
9 |
| "Olympic and Paralympic Games" means the 2016 Olympic and |
10 |
| Paralympic Games that may be hosted by the City of Chicago. |
11 |
| "Period of the Olympic and Paralympic Games" means the |
12 |
| period commencing 21 days before the opening ceremony of the |
13 |
| 2016 Olympic Games and concluding 14 days after the closing |
14 |
| ceremony of the 2016 Paralympic Games. |
15 |
| "State" means the State of Illinois. |
16 |
| "State agency" means any department, division, commission, |
17 |
| council, board, bureau, committee, institution, government, |
18 |
| corporation, or other establishment or official of the State, |
19 |
| except the Legislature, and for purposes of this Article |
20 |
| includes a State institution of higher education. |
21 |
| "State law enforcement agency" means any entity |
22 |
| administered by the State that exists primarily to deter and |
23 |
| detect crime and enforce criminal laws, statutes, and |
24 |
| ordinances. |
25 |
| "State public safety agency" means an entity administered |
26 |
| by the State that exists to provide: |
|
|
|
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|
|
1 |
| (1) fire service; |
2 |
| (2) emergency medical services; or |
3 |
| (3) emergency management and communication. |
4 |
| "Venue Commander" means a person who shall direct and |
5 |
| coordinate law enforcement and public safety personnel and |
6 |
| responsibilities at a designated Olympic venue during the |
7 |
| period of the Olympic and Paralympic Games, as set forth in |
8 |
| this Article. |
9 |
| Section 10-15. Chicago Olympic Public Safety Command. |
10 |
| (a) If the International Olympic Committee selects the City |
11 |
| of Chicago to host the Olympic and Paralympic Games, then the |
12 |
| Chicago Olympic Public Safety Command (COPSC) shall be |
13 |
| established. |
14 |
| (b) The policymaking responsibility of COPSC shall be |
15 |
| vested in ESG. |
16 |
| (c) ESG shall consist of the following initial members: |
17 |
| (1) the COPSC Chairperson; |
18 |
| (2) the Executive Director of COPSC (non-voting |
19 |
| member); |
20 |
| (3) the Commissioner of the Chicago Fire Department; |
21 |
| (4) a representative of Chicago 2016 appointed by the |
22 |
| COPSC Chairperson; |
23 |
| (5) the Executive Director for the Office of Emergency |
24 |
| Management and Communications of the City of Chicago; |
25 |
| (6) the Special Agent-In-Charge of the Chicago |
|
|
|
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|
|
1 |
| Division of the United States Federal Bureau of |
2 |
| Investigation, or other representative designated by the |
3 |
| United States Federal Bureau of Investigation; |
4 |
| (7) the Special Agent-In-Charge of the Chicago |
5 |
| Division of the United States Secret Service, or other |
6 |
| representative designated by the United States Secret |
7 |
| Service; |
8 |
| (8) the Regional Director for the Federal Emergency |
9 |
| Management Agency; |
10 |
| (9) a representative appointed by the Director of the |
11 |
| Illinois State Police; and |
12 |
| (10) the Superintendent of the Chicago Police |
13 |
| Department, if the COPSC Chairperson is someone other than |
14 |
| the Superintendent of the Chicago Police Department. |
15 |
| (d) Each member of COPSC, including those of ESG and the |
16 |
| Executive Director of COPSC, shall serve without additional |
17 |
| compensation from the State of Illinois. |
18 |
| (e) The COPSC Chairperson shall be the Superintendent of |
19 |
| the Chicago Police Department, or such other suitably qualified |
20 |
| person appointed by the Mayor of the City of Chicago. The COPSC |
21 |
| Chairperson shall chair COPSC and ESG and shall call meetings |
22 |
| of each from time to time in furtherance of the purposes of |
23 |
| this Article. A majority of the members of ESG constitutes a |
24 |
| quorum for the transaction of business. All members of ESG |
25 |
| other than the Executive Director of COPSC shall be voting |
26 |
| members, and the action of a majority of a quorum of ESG shall |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| constitute the action of ESG. |
2 |
| (f) The COPSC Chairperson may appoint additional members of |
3 |
| ESG at a properly constituted meeting of ESG, but each such |
4 |
| appointment shall be subject to written consent by a majority |
5 |
| of the other members of ESG present at the same or a subsequent |
6 |
| properly constituted meeting of ESG. |
7 |
| (g) ESG shall establish a strategic plan for law |
8 |
| enforcement and public safety services related to the Olympic |
9 |
| and Paralympic Games, including the coordination of personnel |
10 |
| and resources of State, local, and federal law enforcement and |
11 |
| public safety agencies. |
12 |
| (h) ESG shall define the composition, organizational |
13 |
| structure, and high-level administrative policies of COPSC. |
14 |
| (i) COPSC shall: |
15 |
| (1) in furtherance of the strategic plan developed by |
16 |
| ESG, and in consultation with State, local, and federal law |
17 |
| enforcement and public safety agencies, establish a |
18 |
| detailed plan for law enforcement and public safety |
19 |
| services related to the Olympic and Paralympic Games, |
20 |
| including the coordination of personnel and resources of |
21 |
| State, local, and federal law enforcement and public safety |
22 |
| agencies; |
23 |
| (2) develop any policies necessary to inform and direct |
24 |
| COPSC in the implementation of that plan; |
25 |
| (3) amend that plan to promote the effective, |
26 |
| efficient, and cooperative implementation of the plan and |
|
|
|
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|
|
1 |
| the preservation of public safety; |
2 |
| (4) integrate that plan with the operations plans of |
3 |
| Chicago 2016 for the Olympic and Paralympic Games; and |
4 |
| (5) perform such other functions as directed by the |
5 |
| COPSC Chairperson or ESG, consistent with the purposes of |
6 |
| this Article. |
7 |
| (j) All State and local law enforcement and public safety |
8 |
| agencies shall cooperate with the planning and coordination |
9 |
| efforts of COPSC, as requested by COPSC and subject to |
10 |
| applicable law. COPSC shall, unless it relinquishes such |
11 |
| authority in whole or part, and subject to applicable superior |
12 |
| federal law or authority, have primary responsibility for law |
13 |
| enforcement and public safety services at each Olympic venue in |
14 |
| the State (including an area extending up to approximately 300 |
15 |
| yards from the secure perimeter of each Olympic site, as |
16 |
| defined and promulgated by COPSC) during the period of the |
17 |
| Olympic and Paralympic Games. Designated Venue Commanders at |
18 |
| each such Olympic venue shall direct and coordinate on-scene |
19 |
| law enforcement and public safety personnel and |
20 |
| responsibilities and shall be managed by the COPSC Chairperson |
21 |
| or his or her designee. |
22 |
| Section 10-20. COPSC Chairperson; Venue Commanders. |
23 |
| (a) The COPSC Chairperson shall appoint qualified |
24 |
| individuals to serve as Venue Commanders at Olympic venues |
25 |
| during the period of the Olympic and Paralympic Games. |
|
|
|
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LRB096 11410 RCE 21876 b |
|
|
1 |
| (b) The COPSC Chairperson shall coordinate law enforcement |
2 |
| and public safety agency activities during the Olympic and |
3 |
| Paralympic Games with respect to Olympic venues and events, and |
4 |
| shall direct the execution of the plan established by COPSC. |
5 |
| Section 10-25. Executive Director of COPSC. |
6 |
| (a) The COPSC Chairperson shall appoint a representative of |
7 |
| Chicago 2016 as the Executive Director of COPSC. |
8 |
| (b) The Executive Director of COPSC shall report to the |
9 |
| COPSC Chairperson and manage the day-to-day activities of |
10 |
| COPSC. |
11 |
| Section 10-30. Deputization. COPSC may enter into |
12 |
| agreements with political subdivisions of the State and with |
13 |
| other states, regional authorities, and the federal |
14 |
| Government. Pursuant to these agreements, the COPSC |
15 |
| Chairperson may deputize or otherwise designate qualified law |
16 |
| enforcement personnel from those other governmental units to |
17 |
| assist COPSC in performing specifically described activities |
18 |
| under this Article during the period of the Olympic and |
19 |
| Paralympic Games. Those deputized or designated persons shall |
20 |
| have the status of a peace officer in the State during the |
21 |
| period of the Olympic and Paralympic Games, and shall have all |
22 |
| the powers possessed by policemen in cities and by sheriffs, |
23 |
| including the power to make arrests for violations of State |
24 |
| statutes or municipal or county ordinances, except that those |
|
|
|
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LRB096 11410 RCE 21876 b |
|
|
1 |
| powers (i) may be exercised only within the geographic areas |
2 |
| affirmatively authorized in writing by the COPSC Chairperson |
3 |
| and (ii) may be otherwise restricted or limited by the COPSC |
4 |
| Chairperson in that writing. Any authorization for |
5 |
| deputization or designation pursuant to this subsection shall |
6 |
| be made in writing, and should be carried by each such |
7 |
| deputized or designated person (or kept in reasonable proximity |
8 |
| thereto) and produced upon demand by another peace officer. |
9 |
| Section 10-35. Inoperability. This Article shall be |
10 |
| inoperable as follows: |
11 |
| (a) if the City of Chicago terminates its candidacy to |
12 |
| become the host city for the Olympic and Paralympic Games, then |
13 |
| this Article is inoperable upon that termination;
|
14 |
| (b) if the International Olympic Committee does not select |
15 |
| the City of Chicago as of the host city for the Olympic and |
16 |
| Paralympic Games on or before December 1, 2009, then this |
17 |
| Article is inoperable on and after that date; or |
18 |
| (c) if the City of Chicago is chosen as the host city for |
19 |
| the Olympic and Paralympic Games on or before December 1, 2009, |
20 |
| then this Article is inoperable on and after June 30, 2017. |
21 |
| ARTICLE 15. |
22 |
| Section 15-1. Article title. This Article may be cited as |
23 |
| the Olympic and Paralympic Trademark Protection Law. |
|
|
|
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|
1 |
| Section 15-5. Purpose. As part of the bid of Chicago 2016, |
2 |
| an Illinois not-for-profit corporation, and the City of Chicago |
3 |
| to host the 2016 Olympic and Paralympic Games in Chicago, this |
4 |
| Article provides for additional protection for trademarks used |
5 |
| by or reserved for exclusive use by the United States Olympic |
6 |
| Committee and Chicago 2016 and its successor organizing |
7 |
| committee for the Games (the OCOG) in the marketing, promotion, |
8 |
| and operation of such Games. This Article amends the Trademark |
9 |
| Registration and Protection Act to: prohibit any third party |
10 |
| from registering trade names or trademarks used by the USOC, |
11 |
| Chicago 2016, or the OCOG; protect against infringement of |
12 |
| Olympic trademarks; and provide the USOC, Chicago 2016, and the |
13 |
| OCOG, with exclusive rights to use certain words, emblems, |
14 |
| slogans, mascots, and symbols for the Games, and the ability to |
15 |
| enforce those rights against others who use them in commerce, |
16 |
| including in Circuit Court in Cook County. This Article also |
17 |
| amends the Business Corporation Act of 1983, the General Not |
18 |
| For Profit Corporation Act of 1986, and the Limited Liability |
19 |
| Company Act to prohibit registration of business names |
20 |
| featuring certain Olympic trademarks from and after the |
21 |
| effective date of this Article. |
22 |
| Section 15-10. The Trademark Registration and Protection |
23 |
| Act is amended by changing Section 10 and by adding Section 62 |
24 |
| as follows:
|
|
|
|
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|
|
1 |
| (765 ILCS 1036/10)
|
2 |
| Sec. 10. Registrability. A mark by which the goods or |
3 |
| services of an applicant for
registration may be distinguished |
4 |
| from the goods or services of
others shall not be registered if |
5 |
| it:
|
6 |
| (a) consists of or comprises immoral, deceptive, or
|
7 |
| scandalous matter; or
|
8 |
| (b) consists of or comprises matter that may disparage
or |
9 |
| falsely suggest a connection with persons, living or dead,
|
10 |
| institutions, beliefs, or national symbols, or bring them into
|
11 |
| contempt, or disrepute; or
|
12 |
| (c) consists of or comprises the flag or coat of arms or
|
13 |
| other insignia of the United States, or of any state or
|
14 |
| municipality, or of any foreign nation, or any simulation |
15 |
| thereof;
or
|
16 |
| (d) consists of or comprises the name, signature or
|
17 |
| portrait identifying a particular living individual, except by |
18 |
| the
individual's written consent; or
|
19 |
| (e) consists of a mark which: (1) when used on or in
|
20 |
| connection with the goods or services of the applicant, is |
21 |
| merely
descriptive or deceptively misdescriptive of them, or |
22 |
| (2) when used
on or in connection with the goods or services of |
23 |
| the applicant is
primarily geographically descriptive or |
24 |
| deceptively misdescriptive
of them, or (3) is primarily merely |
25 |
| a surname; however,
nothing in this subsection (e) shall |
|
|
|
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LRB096 11410 RCE 21876 b |
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|
1 |
| prevent the registration
of a mark used by the applicant which |
2 |
| has become distinctive of the
applicant's goods or services. |
3 |
| The Secretary may accept as
evidence that the mark has become |
4 |
| distinctive, as used on or in
connection with the applicant's |
5 |
| goods or services, proof of
continuous use thereof as a mark by |
6 |
| the applicant in this State for
the 5 years before the date on |
7 |
| which the claim of
distinctiveness is made; or
|
8 |
| (f) consists of or comprises a mark which so resembles
a |
9 |
| mark registered in this State of a mark of tradename previously
|
10 |
| used by another and not abandoned, as to be likely, when used |
11 |
| on or
in connection with the goods or services of the |
12 |
| applicant, to cause
confusion or mistake or to deceive ; or .
|
13 |
| (g) without the consent of the United States Olympic |
14 |
| Committee: |
15 |
| (1) contains or consists of the symbol of the |
16 |
| International Olympic Committee, consisting of 5 |
17 |
| interlocking rings, or the symbol of the International |
18 |
| Paralympic Committee; |
19 |
| (2) contains or consists of the terms "Olympic", |
20 |
| "Olympiad", "Paralympic", "Paralympiad", "Citius Altius |
21 |
| Fortius", or "Chicago 2016"; or |
22 |
| (3) is substantially identical to any other mark or |
23 |
| trade name used by the International Olympic Committee, the |
24 |
| International Paralympic Committee, the United States |
25 |
| Olympic Committee, or Chicago 2016 or its successor |
26 |
| organizing committee for the 2016 Olympic and Paralympic |
|
|
|
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|
1 |
| Games. |
2 |
| (Source: P.A. 90-231, eff. 1-1-98.)
|
3 |
| (765 ILCS 1036/62 new) |
4 |
| Sec. 62. Infringement of Olympic marks. Notwithstanding |
5 |
| any other Section of this Act: |
6 |
| (a) The United States Olympic Committee has the exclusive |
7 |
| right to use, and license for use, in this State any of the |
8 |
| following: |
9 |
| (1) any mark to which the United States Olympic |
10 |
| Committee has exclusive rights under 36 U.S.C. 220506; |
11 |
| (2) the designations "Chicago 2016", "CHICOG", |
12 |
| "Chicago Organizing Committee for the 2016 Olympic and |
13 |
| Paralympic Games", "Chicago Olympic Committee" and |
14 |
| "Chicago Paralympic Committee"; |
15 |
| (3) the emblem of Chicago 2016, featuring a stylized |
16 |
| design of a 6-pointed star superimposed over vertical |
17 |
| stripes, and any other official emblem adopted by Chicago |
18 |
| 2016; |
19 |
| (4) the slogan "Stir the Soul" and any other official |
20 |
| slogan adopted by Chicago 2016; |
21 |
| (5) any official mascot or mascots adopted by Chicago |
22 |
| 2016; and |
23 |
| (6) the phrases "Chicago Olympic Games", "Chicago |
24 |
| Olympics", "Chicago Paralympic Games", and "Chicago |
25 |
| Paralympics" and any other official phrase adopted by |
|
|
|
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|
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| Chicago 2016. |
2 |
| (b) The United States Olympic Committee, Chicago 2016 as |
3 |
| designee of the United States Olympic Committee, or both, may |
4 |
| file a civil action in the Circuit Court of Cook County, or any |
5 |
| other circuit court in the State of Illinois permitted by law, |
6 |
| against any person for the remedies provided under Section 70 |
7 |
| of this Act if the person, without the consent of the United |
8 |
| States Olympic Committee or Chicago 2016, uses for the purpose |
9 |
| of trade, to induce the sale of any goods or services, or to |
10 |
| promote any theatrical exhibition, athletic performance, or |
11 |
| competition: |
12 |
| (1) any mark registered in Illinois to the United |
13 |
| States Olympic Committee or Chicago 2016; |
14 |
| (2) any mark referenced in subsection (a) of this |
15 |
| Section; or |
16 |
| (3) any word, symbol, design, graphic, or image, or |
17 |
| combination thereof, tending to cause confusion or |
18 |
| mistake, to deceive, or to falsely suggest a connection or |
19 |
| association with, or authorization by, the International |
20 |
| Olympic Committee, the International Paralympic Committee, |
21 |
| the United States Olympic Committee, Chicago 2016, or any |
22 |
| Olympic or Paralympic activity. |
23 |
| (c) If any provision of this Section or the application |
24 |
| thereof to any person or circumstance is held invalid, the |
25 |
| invalidity shall not affect other provisions or applications of |
26 |
| this Section which can be given effect without the invalid |
|
|
|
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LRB096 11410 RCE 21876 b |
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|
1 |
| provision, and to this end the provisions of this Section are |
2 |
| severable. |
3 |
| (d) For the purposes of this Section, references to Chicago |
4 |
| 2016 include the Illinois not-for-profit corporation of that |
5 |
| name and its successor organizing committee for the 2016 |
6 |
| Olympic and Paralympic Games. |
7 |
| (e) Nothing in this Section is intended to limit any rights |
8 |
| or remedies provided under the Counterfeit Trademark Act. |
9 |
| Section 15-15. The Business Corporation Act of 1983 is |
10 |
| amended by changing Sections 4.05 and 4.15 as follows:
|
11 |
| (805 ILCS 5/4.05) (from Ch. 32, par. 4.05)
|
12 |
| Sec. 4.05. Corporate name of domestic or foreign |
13 |
| corporation.
|
14 |
| (a) The corporate name of a domestic corporation or of a |
15 |
| foreign
corporation organized, existing or subject to the |
16 |
| provisions of this Act:
|
17 |
| (1) Shall contain, separate and apart from any other |
18 |
| word or abbreviation
in such name, the word "corporation", |
19 |
| "company", "incorporated", or "limited",
or an |
20 |
| abbreviation of one of such words, and if the name of a |
21 |
| foreign
corporation does not contain, separate and apart |
22 |
| from any other word or
abbreviation, one of such words or |
23 |
| abbreviations, the corporation shall add
at the end of its |
24 |
| name, as a separate word or abbreviation, one of such
words |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| or an abbreviation of one of such words.
|
2 |
| (2) Shall not contain any word or phrase which |
3 |
| indicates or implies
that the corporation (i) is authorized |
4 |
| or empowered to conduct the business of
insurance, |
5 |
| assurance, indemnity, or the acceptance of savings |
6 |
| deposits; (ii) is
authorized or empowered to conduct the |
7 |
| business of banking unless otherwise
permitted by the |
8 |
| Commissioner of Banks and Real Estate
pursuant to Section
|
9 |
| 46 of the Illinois Banking Act; or (iii) is authorized or |
10 |
| empowered to be in
the business of a corporate fiduciary |
11 |
| unless otherwise permitted by the
Commissioner of Banks and |
12 |
| Real Estate under Section 1-9
of the Corporate
Fiduciary |
13 |
| Act. The word "trust", "trustee", or "fiduciary" may be |
14 |
| used by a
corporation only if it has first complied with |
15 |
| Section 1-9 of the Corporate
Fiduciary Act. The word |
16 |
| "bank", "banker" or "banking" may only be used by a
|
17 |
| corporation if it has first complied with Section 46 of the |
18 |
| Illinois Banking
Act.
|
19 |
| (3) Shall be distinguishable upon the records in the |
20 |
| office of the
Secretary of State from the name or assumed |
21 |
| name of
any
domestic corporation or limited liability |
22 |
| company organized under the Limited
Liability Company Act, |
23 |
| whether profit or not for profit, existing under any
Act of |
24 |
| this State or of the name or assumed name of any foreign |
25 |
| corporation
or foreign limited liability company |
26 |
| registered under the Limited Liability
Company Act, |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| whether profit or not for
profit, authorized to transact |
2 |
| business in this State, or a name the
exclusive right to |
3 |
| which is, at the time, reserved or registered in the
manner |
4 |
| provided in this Act or Section 1-15 of the Limited |
5 |
| Liability Company
Act, except that, subject to the |
6 |
| discretion of the
Secretary of State, a foreign corporation |
7 |
| that has a name prohibited by
this paragraph may be issued |
8 |
| a certificate of authority to transact
business in this |
9 |
| State, if the foreign corporation:
|
10 |
| (i) Elects to adopt an assumed corporate name or |
11 |
| names in accordance
with Section 4.15 of this Act; and
|
12 |
| (ii) Agrees in its application for a certificate of |
13 |
| authority to
transact business in this State only under |
14 |
| such assumed corporate name
or names.
|
15 |
| (4) Shall contain the word "trust", if it be a domestic |
16 |
| corporation
organized for the purpose of accepting and |
17 |
| executing trusts, shall contain
the word "pawners", if it |
18 |
| be a domestic corporation organized as a pawners'
society, |
19 |
| and shall contain the word "cooperative", if it be a |
20 |
| domestic
corporation organized as a cooperative |
21 |
| association for pecuniary profit.
|
22 |
| (5) Shall not contain a word or phrase, or an |
23 |
| abbreviation or derivation
thereof, the use of which is |
24 |
| prohibited or restricted by any other statute
of this State |
25 |
| unless such restriction has been complied with.
|
26 |
| (6) Shall consist of letters of the English alphabet, |
|
|
|
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|
|
1 |
| Arabic or Roman
numerals, or symbols capable of being |
2 |
| readily reproduced by the office of
the Secretary of State.
|
3 |
| (7) Shall be the name under which the corporation shall |
4 |
| transact business
in this State unless the corporation |
5 |
| shall also elect to adopt an assumed
corporate name or |
6 |
| names as provided in this Act; provided, however, that
the |
7 |
| corporation may use any divisional designation or trade |
8 |
| name without
complying with the requirements of this Act, |
9 |
| provided the corporation also
clearly discloses its |
10 |
| corporate name.
|
11 |
| (8) (Blank).
|
12 |
| (9) Shall not, as to any corporation organized or |
13 |
| amending its corporate name on or after the effective date |
14 |
| of this amendatory Act of the 96th General Assembly, |
15 |
| without the express written consent of the United States |
16 |
| Olympic Committee, contain the words: (i) "Olympic"; (ii) |
17 |
| "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v) |
18 |
| "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago |
19 |
| 2016". |
20 |
| (b) The Secretary of State shall determine whether a name |
21 |
| is
"distinguishable" from another name for purposes of this |
22 |
| Act. Without
excluding other names which may not constitute |
23 |
| distinguishable names in
this State, a name is not considered |
24 |
| distinguishable, for purposes of this
Act, solely because it |
25 |
| contains one or more of the following:
|
26 |
| (1) the word "corporation", "company", "incorporated", |
|
|
|
SB2016 Enrolled |
- 48 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| or "limited",
"limited liability" or
an abbreviation of one |
2 |
| of such words;
|
3 |
| (2) articles, conjunctions, contractions, |
4 |
| abbreviations, different tenses
or number of the same word;
|
5 |
| (c) Nothing in this Section or Sections 4.15 or 4.20 shall:
|
6 |
| (1) Require any domestic corporation existing or any |
7 |
| foreign
corporation having a certificate of authority on |
8 |
| the effective date of this
Act, to modify or otherwise |
9 |
| change its corporate name or assumed corporate
name, if |
10 |
| any.
|
11 |
| (2) Abrogate or limit the common law or statutory law |
12 |
| of unfair
competition or unfair trade practices, nor |
13 |
| derogate from the common law or
principles of equity or the |
14 |
| statutes of this State or of the United States
with respect |
15 |
| to the right to acquire and protect copyrights, trade |
16 |
| names,
trade marks, service names, service marks, or any |
17 |
| other right to the
exclusive use of names or symbols.
|
18 |
| (Source: P.A. 92-33, eff. 7-1-01.)
|
19 |
| (805 ILCS 5/4.15) (from Ch. 32, par. 4.15)
|
20 |
| Sec. 4.15. Assumed corporate name.
|
21 |
| (a) A domestic corporation or a
foreign corporation |
22 |
| admitted to transact business or attempting to gain
admission |
23 |
| to transact business may elect to adopt an assumed corporate |
24 |
| name
that complies with the requirements of paragraphs (2), |
25 |
| (3), (4), (5) , and (6) , and (9)
of subsection (a) of Section |
|
|
|
SB2016 Enrolled |
- 49 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| 4.05 of this Act with respect to corporate names.
|
2 |
| (b) As used in this Act, "assumed corporate name" means any |
3 |
| corporate
name other than the true corporate name, except that |
4 |
| the following shall
not constitute the use of an assumed |
5 |
| corporate name under this Act:
|
6 |
| (1) the identification by a corporation of its business |
7 |
| with a trademark
or service mark of which it is the owner |
8 |
| or licensed user; and
|
9 |
| (2) the use of a name of a division, not separately |
10 |
| incorporated and not
containing the word "corporation", |
11 |
| "incorporated", or "limited" or an
abbreviation of one of |
12 |
| such words, provided the corporation also clearly
|
13 |
| discloses its corporate name.
|
14 |
| (c) Before transacting any business in this State under an |
15 |
| assumed corporate
name or names, the corporation shall, for |
16 |
| each assumed corporate name, pursuant
to resolution by its |
17 |
| board of directors, execute and file in duplicate in
accordance |
18 |
| with Section 1.10 of this Act, an application setting forth:
|
19 |
| (1) The true corporate name.
|
20 |
| (2) The state or country under the laws of which it is |
21 |
| organized.
|
22 |
| (3) That it intends to transact business under an |
23 |
| assumed corporate name.
|
24 |
| (4) The assumed corporate name which it proposes to |
25 |
| use.
|
26 |
| (d) The right to use an assumed corporate name shall be |
|
|
|
SB2016 Enrolled |
- 50 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| effective from
the date of filing by the Secretary of State |
2 |
| until the first day of the
anniversary month of the corporation |
3 |
| that falls within the next calendar
year evenly divisible by 5, |
4 |
| however, if an application is filed within
the 2 months |
5 |
| immediately preceding the anniversary month of a corporation
|
6 |
| that falls within a calendar year evenly divisible by 5, the |
7 |
| right
to use the assumed corporate name shall be effective |
8 |
| until the first day of the
anniversary month of the corporation |
9 |
| that falls within the next succeeding
calendar year evenly |
10 |
| divisible by 5.
|
11 |
| (e) A corporation shall renew the right to use its assumed |
12 |
| corporate name
or names, if any, within the 60 days preceding |
13 |
| the expiration of such
right, for a period of 5 years, by |
14 |
| making an election to do so at
the time of filing its annual |
15 |
| report form and by paying the renewal fee as
prescribed by this |
16 |
| Act.
|
17 |
| (f) Once an application for an assumed corporate name has |
18 |
| been filed by
the Secretary of State, one copy thereof may be |
19 |
| filed for record in the
office of the recorder of the county in |
20 |
| which the registered office of the
corporation is situated in |
21 |
| this State.
|
22 |
| (g) A foreign corporation may not use an assumed or |
23 |
| fictitious name in the
conduct of its business to intentionally |
24 |
| misrepresent the geographic origin or
location of the |
25 |
| corporation within Illinois.
|
26 |
| (Source: P.A. 91-906, eff. 1-1-01.)
|
|
|
|
SB2016 Enrolled |
- 51 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| Section 15-20. The General Not For Profit Corporation Act |
2 |
| of 1986 is amended by changing Section 104.05 as follows:
|
3 |
| (805 ILCS 105/104.05) (from Ch. 32, par. 104.05)
|
4 |
| Sec. 104.05. Corporate name of domestic or foreign
|
5 |
| corporation. |
6 |
| (a) The corporate name of a domestic
corporation or of a |
7 |
| foreign corporation organized, existing
or subject to the |
8 |
| provisions of this Act:
|
9 |
| (1) May contain, separate and apart from any other
word |
10 |
| or abbreviation in such name, the word "corporation,"
|
11 |
| "company," "incorporated," or "limited," or an |
12 |
| abbreviation
of one of such words;
|
13 |
| (2) Must end with the letters "NFP" if the corporate |
14 |
| name contains
any word or phrase which indicates or implies |
15 |
| that the corporation is organized
for any purpose other |
16 |
| than a purpose for which corporations may be organized
|
17 |
| under this Act or a purpose other than a purpose set forth |
18 |
| in the corporation's
articles of incorporation;
|
19 |
| (3) Shall be distinguishable upon the records in the
|
20 |
| the office of the Secretary of State from the name or |
21 |
| assumed name of any domestic corporation or limited |
22 |
| liability company
organized under the Limited Liability |
23 |
| Company Act, whether
for profit or not for profit, existing |
24 |
| under any Act of this
State or the name or assumed name of |
|
|
|
SB2016 Enrolled |
- 52 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| any foreign corporation or foreign
limited liability |
2 |
| company registered under the Limited Liability Company |
3 |
| Act,
whether for profit or
not for profit, authorized to |
4 |
| transact business or conduct
affairs in this State, or a |
5 |
| name the exclusive right to
which is, at the time, reserved |
6 |
| or registered in the manner
provided in this Act or Section |
7 |
| 1-15 of the Limited Liability Company Act,
except that, |
8 |
| subject to the discretion
of the
Secretary of State, a |
9 |
| foreign corporation that has a
name prohibited by this |
10 |
| paragraph may be issued a
certificate of authority to |
11 |
| conduct its affairs in this
State, if the foreign |
12 |
| corporation:
|
13 |
| (i) Elects to adopt an assumed corporation name
or |
14 |
| names in accordance with Section 104.15 of this Act; |
15 |
| and
|
16 |
| (ii) Agrees in its application for a certificate
of |
17 |
| authority to conduct affairs in this State only under
|
18 |
| such assumed corporate name or names;
|
19 |
| (4) Shall not contain a word or phrase, or an
|
20 |
| abbreviation or derivation thereof, the use of which is
|
21 |
| prohibited or restricted by any other statute of this State
|
22 |
| unless such restriction has been complied with;
|
23 |
| (5) Shall consist of letters of the English alphabet,
|
24 |
| Arabic or Roman numerals, or symbols capable of being
|
25 |
| readily reproduced by the office of the Secretary of State;
|
26 |
| (6) Shall not contain the words "regular democrat,"
|
|
|
|
SB2016 Enrolled |
- 53 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| "regular democratic," "regular republican," "democrat,"
|
2 |
| "democratic," or "republican," nor the name of any other
|
3 |
| established political party, unless consent to usage of |
4 |
| such
words or name is given to the corporation by the State |
5 |
| central committee
of such established
political party; |
6 |
| notwithstanding any other provisions of this Act, any
|
7 |
| corporation, whose name at the time this amendatory
Act |
8 |
| takes effect contains any of the words listed in this |
9 |
| paragraph shall
certify to the Secretary of State no later |
10 |
| than January 1, 1989, that
consent has been given by the |
11 |
| State central committee; consent given to a
corporation by |
12 |
| the State central committee to use the above listed words
|
13 |
| may be revoked upon notification to the corporation and the |
14 |
| Secretary of State;
and
|
15 |
| (7) Shall be the name under which the corporation
shall |
16 |
| conduct affairs in this State unless the corporation
shall |
17 |
| also elect to adopt an assumed corporate name or names
as |
18 |
| provided in this Act; provided, however, that the
|
19 |
| corporation may use any divisional designation or trade |
20 |
| name
without complying with the requirements of this Act,
|
21 |
| provided the corporation also clearly discloses its
|
22 |
| corporate name ; and .
|
23 |
| (8) Shall not, as to any corporation organized or |
24 |
| amending its corporate name on or after the effective date |
25 |
| of this amendatory Act of the 96th General Assembly, |
26 |
| without the express written consent of the United States |
|
|
|
SB2016 Enrolled |
- 54 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| Olympic Committee, contain the words: (i) "Olympic"; (ii) |
2 |
| "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v) |
3 |
| "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago |
4 |
| 2016". |
5 |
| (b) The Secretary of State shall determine whether a name
|
6 |
| is "distinguishable" from another name for purposes of this
|
7 |
| Act. Without excluding other names which may not constitute
|
8 |
| distinguishable names in this State, a name is not
considered |
9 |
| distinguishable, for purposes of this Act, solely
because it |
10 |
| contains one or more of the following:
|
11 |
| (1) The word "corporation," "company," "incorporated,"
|
12 |
| or "limited" or an abbreviation of one of such words;
|
13 |
| (2) Articles, conjunctions, contractions,
|
14 |
| abbreviations, different tenses or number of the same word.
|
15 |
| (c) Nothing in this Section or Sections 104.15 or 104.20 of
|
16 |
| this Act shall:
|
17 |
| (1) Require any domestic corporation existing or any
|
18 |
| foreign corporation having a certificate of authority on |
19 |
| the
effective date of this Act, to modify or otherwise |
20 |
| change
its corporate name or assumed corporate name, if |
21 |
| any; or
|
22 |
| (2) Abrogate or limit the common law or statutory law
|
23 |
| of unfair competition or unfair trade practices, nor
|
24 |
| derogate from the common law or principles of equity or the
|
25 |
| statutes of this State or of the United States with respect
|
26 |
| to the right to acquire and protect copyrights, trade |
|
|
|
SB2016 Enrolled |
- 55 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| names,
trade marks, service names, service marks, or any |
2 |
| other
right to the exclusive use of name or symbols.
|
3 |
| (Source: P.A. 92-33, eff. 7-1-01; revised 10-28-08.)
|
4 |
| Section 15-25. The Limited Liability Company Act is amended |
5 |
| by changing Section 1-10 as follows:
|
6 |
| (805 ILCS 180/1-10)
|
7 |
| Sec. 1-10. Limited liability company name.
|
8 |
| (a) The name of each limited liability company as set
forth |
9 |
| in its articles of organization:
|
10 |
| (1) shall contain the terms "limited liability
|
11 |
| company", "L.L.C.", or "LLC";
|
12 |
| (2) may not contain a word or phrase, or an
|
13 |
| abbreviation or derivation thereof, the use of which is
|
14 |
| prohibited or restricted by any other statute of this
State |
15 |
| unless the restriction has been complied with;
|
16 |
| (3) shall consist of letters of the English
alphabet, |
17 |
| Arabic or Roman numerals, or symbols capable
of being |
18 |
| readily reproduced by the Office of the
Secretary of State;
|
19 |
| (4) shall not contain any of the following terms:
|
20 |
| "Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
|
21 |
| "Co.," "Limited Partnership" or "L.P.";
|
22 |
| (5) shall be the name under which the limited
liability |
23 |
| company transacts business in this State
unless the limited |
24 |
| liability company also elects to
adopt an assumed name or |
|
|
|
SB2016 Enrolled |
- 56 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| names as provided in this Act;
provided, however, that the |
2 |
| limited liability company
may use any divisional |
3 |
| designation or trade name without
complying with the |
4 |
| requirements of this Act, provided
the limited liability |
5 |
| company also clearly discloses its
name;
|
6 |
| (6) shall not contain any word or phrase that indicates |
7 |
| or implies that
the limited liability company is authorized |
8 |
| or empowered to be in the business
of a corporate fiduciary |
9 |
| unless otherwise permitted by the Commissioner of the
|
10 |
| Office of Banks and Real Estate under Section 1-9 of the |
11 |
| Corporate Fiduciary
Act. The word "trust", "trustee", or |
12 |
| "fiduciary" may be used by a limited
liability company only |
13 |
| if it has first complied with Section 1-9 of the
Corporate |
14 |
| Fiduciary Act; and
|
15 |
| (7) shall contain the word "trust", if it is a limited |
16 |
| liability company
organized for the purpose of accepting |
17 |
| and executing trusts ; and .
|
18 |
| (8) shall not, as to any limited liability company |
19 |
| organized or amending its company name on or after the |
20 |
| effective date of this amendatory Act of the 96th General |
21 |
| Assembly, without the express written consent of the United |
22 |
| States Olympic Committee, contain the words: (i) |
23 |
| "Olympic"; (ii) "Olympiad"; (iii) "Paralympic"; (iv) |
24 |
| "Paralympiad"; (v) "Citius Altius Fortius"; (vi) "CHICOG"; |
25 |
| or (vii) "Chicago 2016". |
26 |
| (b) Nothing in this Section or Section 1-20 shall
abrogate |
|
|
|
SB2016 Enrolled |
- 57 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| or limit the common law or statutory law of unfair
competition |
2 |
| or unfair trade practices, nor derogate from the
common law or |
3 |
| principles of equity or the statutes of this
State or of the |
4 |
| United States of America with respect to the
right to acquire |
5 |
| and protect copyrights, trade names,
trademarks, service |
6 |
| marks, service names, or any other right
to the exclusive use |
7 |
| of names or symbols.
|
8 |
| (c) (Blank).
|
9 |
| (d) The name shall be distinguishable upon the records
in |
10 |
| the Office of the Secretary of State from all of the following:
|
11 |
| (1) Any limited liability company that has
articles of |
12 |
| organization filed with the Secretary of
State under |
13 |
| Section 5-5.
|
14 |
| (2) Any foreign limited liability company admitted
to |
15 |
| transact business in this State.
|
16 |
| (3) Any name for which an exclusive right has been
|
17 |
| reserved in the Office of the Secretary of State
under |
18 |
| Section 1-15.
|
19 |
| (4) Any assumed name that is registered with the
|
20 |
| Secretary of State under Section 1-20.
|
21 |
| (5) Any corporate name or assumed corporate name of a |
22 |
| domestic or
foreign corporation subject to the provisions |
23 |
| of Section 4.05 of the
Business Corporation Act of 1983
or |
24 |
| Section 104.05 of the General Not For Profit Corporation |
25 |
| Act of 1986.
|
26 |
| (e) The provisions of subsection (d) of this Section
shall |
|
|
|
SB2016 Enrolled |
- 58 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| not apply if the organizer files with the Secretary of
State a |
2 |
| certified copy of a final decree of a court of
competent |
3 |
| jurisdiction establishing the prior right of the
applicant to |
4 |
| the use of that name in this State.
|
5 |
| (f) The Secretary of State shall determine whether a
name |
6 |
| is "distinguishable" from another name for the purposes
of this |
7 |
| Act. Without excluding other names that may not
constitute |
8 |
| distinguishable names in this State, a name is not
considered |
9 |
| distinguishable, for purposes of this Act, solely
because it |
10 |
| contains one or more of the following:
|
11 |
| (1) The word "limited", "liability" or "company"
or an |
12 |
| abbreviation of one of those words.
|
13 |
| (2) Articles, conjunctions, contractions,
|
14 |
| abbreviations, or different tenses or number of the same
|
15 |
| word.
|
16 |
| (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
|
17 |
| ARTICLE 20. |
18 |
| Section 20-5. Article title. This Article may be cited as |
19 |
| the 2016 Olympic and Paralympic Games Professional Licensure |
20 |
| Exemption Law. |
21 |
| Section 20-10. The Department of Professional Regulation |
22 |
| Law of the
Civil Administrative Code of Illinois is amended by |
23 |
| adding Section 2105-350 as follows: |
|
|
|
SB2016 Enrolled |
- 59 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| (20 ILCS 2105/2105-350 new) |
2 |
| Sec. 2105-350. Licensing exemptions related to the 2016 |
3 |
| Olympic and Paralympic Games. |
4 |
| (a) Definitions. For purposes of this Section: |
5 |
| "Eligible personnel" means individuals formally accredited |
6 |
| by the OCOG under IOC procedures and regulations, or in the |
7 |
| case of a sanctioned test event, the individuals formally |
8 |
| designated by the OCOG under specific procedures applicable to |
9 |
| the sanctioned test event. |
10 |
| "Bid committee" means Chicago 2016, a local organizing |
11 |
| committee that has been incorporated as a not-for-profit |
12 |
| corporation, that is authorized by the candidate city to submit |
13 |
| a bid on the candidate city's behalf to the IOC for selection |
14 |
| as the host city for the games, and that may serve as (or help |
15 |
| form) the OCOG if the candidate city is selected as the host |
16 |
| city for the games. |
17 |
| "Candidate city" means the City of Chicago, which has been |
18 |
| selected as a candidate by the IOC to be the host city of the |
19 |
| games. |
20 |
| "Competition venues" means, collectively, the venues or |
21 |
| facilities to be used for competition and related activities, |
22 |
| including, without limitation, training activities, for the |
23 |
| games or sanctioned test events as may be determined by the |
24 |
| IOC, the USOC, or the OCOG or the candidate city. |
25 |
| "Department" means the Department of Financial and |
|
|
|
SB2016 Enrolled |
- 60 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| Professional Regulation of the State. |
2 |
| "Foreign licensing body" means (i) another state or |
3 |
| territory of the United States of America, or (ii) a foreign |
4 |
| country or other political entity recognized by the United |
5 |
| States of America as sovereign, or a political subdivision |
6 |
| thereof. |
7 |
| "Games" means the 2016 Olympic and Paralympic Games, |
8 |
| including all associated meetings, ceremonies, performances, |
9 |
| and events. |
10 |
| "IOC" means the International Olympic Committee. |
11 |
| "NOC" means a National Olympic Committee. |
12 |
| "Non-competition venues" means, collectively, the venues |
13 |
| or facilities to be used for non-competition activities, |
14 |
| including, without limitation, the Olympic village, broadcast |
15 |
| and media center, live sites, hospitality sites, and |
16 |
| administrative and operational offices, for the games or |
17 |
| sanctioned test events, as determined by the IOC, the USOC, or |
18 |
| the OCOG or the candidate city. |
19 |
| "NPC" means a National Paralympic Committee. |
20 |
| "OCOG" means the bid committee or the same as may be |
21 |
| reorganized or reconstituted if the candidate city is selected |
22 |
| as the host city for the games, or another not-for-profit |
23 |
| corporation to be established by the candidate city and the bid |
24 |
| committee, which is to serve as the organizing committee for |
25 |
| the games. |
26 |
| "Period of the games" means the period commencing 28 days |
|
|
|
SB2016 Enrolled |
- 61 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| prior to the opening ceremony of the 2016 Olympic Games and |
2 |
| concluding 28 days after the closing ceremony of the 2016 |
3 |
| Paralympic Games. |
4 |
| "Representative" means an individual formally accredited |
5 |
| by the OCOG under IOC procedures and regulations as a member or |
6 |
| guest of an NOC or NPC delegation participating in the games, |
7 |
| or an individual formally designated by the OCOG or another |
8 |
| applicable organizing committee of a sanctioned test event as |
9 |
| being a member or guest of an NOC or NPC delegation, or |
10 |
| athletic team, participating in the sanctioned test event. |
11 |
| "Sanctioned test event" means an event designated in |
12 |
| writing by the OCOG to the Department at least 30 days in |
13 |
| advance and which is conducted for the purpose of preparing or |
14 |
| evaluating the ability and preparedness of the OCOG or the |
15 |
| candidate city to host the games. |
16 |
| "Specified occupation" means the following occupations or |
17 |
| professions: physician, chiropractic physician, advanced |
18 |
| practice nurse, practical nurse, licensed practical nurse, |
19 |
| registered nurse, registered professional nurse, physical |
20 |
| therapist, physical therapist assistant, physician assistant, |
21 |
| athletic trainer, veterinarian, veterinary technician, and |
22 |
| massage therapist. |
23 |
| "Sponsoring delegation" means an NOC or NPC delegation or |
24 |
| another accredited delegation for the games, or in the case of |
25 |
| a sanctioned test event, an NOC or NPC delegation or athletic |
26 |
| team, which engages, funds, supports, or otherwise requires the |
|
|
|
SB2016 Enrolled |
- 62 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| attendance and participation of the individual or entity to |
2 |
| whom or which a licensing exception contained in this Section |
3 |
| would apply. |
4 |
| "State" means the State of Illinois. |
5 |
| "USOC" means the U.S. Olympic Committee. |
6 |
| "Venues" means, collectively, the competition and |
7 |
| non-competition venues. |
8 |
| (b) Notwithstanding any law of the State or political |
9 |
| subdivision thereof to the contrary, an individual or entity |
10 |
| may engage in the practice of the specified occupations without |
11 |
| being licensed under any Act administered by the Department or |
12 |
| by the Department of Public Health of the State, provided that |
13 |
| the individual or entity: |
14 |
| (1) is duly licensed by, or otherwise authorized to |
15 |
| practice the profession or occupation by, a foreign |
16 |
| licensing body; |
17 |
| (2) provides services at the invitation of an OCOG for |
18 |
| the professional purpose of caring for or attending to the |
19 |
| needs of individuals participating in or attending the |
20 |
| games; |
21 |
| (3) restricts his, her or its licensed or authorized |
22 |
| services and duties solely to the provision of care or |
23 |
| service at one or more venues as specified by the OCOG, and |
24 |
| in the case of venues without access control, restricts |
25 |
| his, her or its licensed or authorized services and duties |
26 |
| solely to the provision of care or service to eligible |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| personnel; |
2 |
| (4) provides only the care or services that the |
3 |
| individual or entity is licensed or otherwise authorized by |
4 |
| the foreign licensing body to provide; and |
5 |
| (5) restricts the provision of the care or services to |
6 |
| the period of the games or to the period of a sanctioned |
7 |
| test event, together with any necessary period before and |
8 |
| after the test event. |
9 |
| (c) Any person or entity practicing or providing services |
10 |
| of a specified occupation as set forth in subsection (b) who, |
11 |
| in good faith, provides emergency care without fee to a person, |
12 |
| shall not be liable for civil damages or professional liability |
13 |
| as a result of his, her, or its acts or omissions, except to |
14 |
| the extent that the person or entity engages in willful or |
15 |
| wanton misconduct in providing that care. This subsection (c) |
16 |
| shall also apply to any person or entity that provides |
17 |
| emergency care without fee but that is duly licensed or |
18 |
| authorized to do so by the Department or the Department of |
19 |
| Public Health of the State. |
20 |
| (d) Notwithstanding any law of the State or political |
21 |
| subdivision thereof to the contrary, an individual or entity |
22 |
| may engage in the practice of the specified occupations without |
23 |
| being licensed under any Act administered by the Department, |
24 |
| provided that the individual or entity: |
25 |
| (1) is duly licensed by, or otherwise authorized to |
26 |
| practice the profession or occupation by, a foreign |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| licensing body; |
2 |
| (2) provides services for the professional purposes of |
3 |
| attending to the needs of the representatives of a |
4 |
| sponsoring delegation; |
5 |
| (3) restricts his or her or its licensed or authorized |
6 |
| services and duties solely to the representatives of the |
7 |
| sponsoring delegation during the representatives' stay in |
8 |
| the State; |
9 |
| (4) provides services at the invitation of a sponsoring |
10 |
| delegation; |
11 |
| (5) provides only those services of a specified |
12 |
| occupation that the individual or entity is licensed or |
13 |
| otherwise authorized to provide by the foreign licensing |
14 |
| body; and |
15 |
| (6) restricts the provision of said care or services to |
16 |
| the period of the games, or in the case of a sanctioned |
17 |
| test event, to the period of said sanctioned test event |
18 |
| together with any necessary period before and after said |
19 |
| sanctioned test event, which period shall not commence more |
20 |
| than 28 days before said sanctioned test event or terminate |
21 |
| more than 28 days after said sanctioned test event. |
22 |
| (e) The requirements of this Section 2105-350 do not apply |
23 |
| to the exemptions authorized by the Department pursuant to |
24 |
| Section 2105-400 of this Act. |
25 |
| (f) This Section becomes inoperable as provided in Section |
26 |
| 20-15 of the 2016 Olympic and Paralympic Games Professional |
|
|
|
SB2016 Enrolled |
- 65 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| Licensure Exemption Law. |
2 |
| Section 20-15. Inoperability. This Article, including |
3 |
| Section 2105-350 of the Department of Professional Regulation |
4 |
| Law of the Civil Administrative Code of Illinois, shall be |
5 |
| inoperable as follows: |
6 |
| (a) if the candidate city terminates its candidacy to |
7 |
| become the host city for the games, then this Article is |
8 |
| inoperable upon that termination; |
9 |
| (b) if the IOC does not select the candidate city as the |
10 |
| host city for the games on or before December 1, 2009, then |
11 |
| this Article is inoperable on and after that date; or |
12 |
| (c) if the candidate city is chosen as the host city for |
13 |
| the games on or before December 1, 2009, then this Article is |
14 |
| inoperable on and after June 30, 2017; except that subsection |
15 |
| (c) of Section 20-10 of this Article shall survive until the |
16 |
| expiration of all relevant statutes of limitation. |
17 |
| Section 20-20. The Illinois Athletic Trainers Practice Act |
18 |
| is amended by changing Section 4 as follows:
|
19 |
| (225 ILCS 5/4) (from Ch. 111, par. 7604)
|
20 |
| (Section scheduled to be repealed on January 1, 2016)
|
21 |
| Sec. 4. Licensure requirement - Exempt activities.
After |
22 |
| the effective date of this Act, no person
shall provide any of |
23 |
| the services set forth in subsection (4) of Section 3
of this |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| Act, or use the title "athletic trainer" or
"certified athletic |
2 |
| trainer" or "athletic trainer certified" or the letters
"A.T.", |
3 |
| "C.A.T.", "A.T.C.", "A.C.T.", or
"I.A.T.L." after his name, |
4 |
| unless licensed
under this Act.
|
5 |
| Nothing in this Act shall be construed as preventing or |
6 |
| restricting the
practice, services, or activities of:
|
7 |
| (1) Any person licensed or registered in this State by |
8 |
| any other law
from engaging in the profession or occupation |
9 |
| for which he or she is
licensed or
registered.
|
10 |
| (2) Any person employed as an athletic trainer by the |
11 |
| Government of the
United States, if such person provides |
12 |
| athletic training solely under the
direction or control of |
13 |
| the organization by which he or she is employed.
|
14 |
| (3) Any person pursuing a course of study leading to a |
15 |
| degree or
certificate in athletic training at an accredited |
16 |
| educational
program if such activities and services |
17 |
| constitute a part of a supervised
course of study involving |
18 |
| daily personal or verbal contact at the site of supervision |
19 |
| between the athletic training student and the licensed |
20 |
| athletic trainer who plans, directs, advises, and |
21 |
| evaluates the student's athletic training clinical |
22 |
| education. The supervising licensed athletic trainer must |
23 |
| be on-site where the athletic training clinical education |
24 |
| is being obtained.
A person meeting the criteria under this |
25 |
| paragraph (3) must be designated by a title which clearly
|
26 |
| indicates his or her status as a student or
trainee.
|
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| (4) (Blank).
|
2 |
| (5) The practice of athletic training under the |
3 |
| supervision of a licensed athletic trainer by one who has |
4 |
| applied in writing
to the Department for
licensure and has |
5 |
| complied with all the provisions
of Section 9 except the |
6 |
| passing of the examination to be eligible to receive
such |
7 |
| license. In no event shall this exemption extend to any
|
8 |
| person for longer than 3 months. Anyone who has previously |
9 |
| failed the examination, or who fails the examination during |
10 |
| this 3-month period, shall immediately cease practice as an |
11 |
| athletic trainer and shall not engage in the practice of |
12 |
| athletic training again until he or she passes the |
13 |
| examination.
|
14 |
| (6) Any person in a coaching position from rendering |
15 |
| emergency care on an
as
needed basis to the athletes under |
16 |
| his or her supervision when a licensed athletic trainer is |
17 |
| not available.
|
18 |
| (7) Any person who is an athletic trainer from another |
19 |
| nation, state, or
territory
acting as an athletic trainer |
20 |
| while performing
his duties for his or her respective |
21 |
| non-Illinois based team or
organization, so long as he or |
22 |
| she restricts his or her duties to his
or her team or |
23 |
| organization during the course of his or her team's or
|
24 |
| organization's stay in this State. For the purposes of this |
25 |
| Act, a team shall be considered based in Illinois if its |
26 |
| home contests are held in Illinois, regardless of the |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| location of the team's administrative offices.
|
2 |
| (8) The practice of athletic training by persons |
3 |
| licensed in another state who have applied in writing to |
4 |
| the Department for licensure by endorsement for no longer |
5 |
| than 6 months or until notification has been given that |
6 |
| licensure has been granted or denied, whichever period of |
7 |
| time is lesser. |
8 |
| (9) The practice of athletic training by one who has |
9 |
| applied in writing to the Department for licensure and has |
10 |
| complied with all the provisions of Section 9 for no longer |
11 |
| than 6 months or until notification has been given that |
12 |
| licensure has been granted or denied, whichever period of |
13 |
| time is lesser. |
14 |
| (10) The practice of athletic training by persons |
15 |
| actively licensed as an athletic trainer in another state, |
16 |
| or currently certified by the National Athletic Trainers |
17 |
| Association Board of Certification, Inc., or its successor |
18 |
| entity, at a special athletic tournament or event conducted |
19 |
| by a sanctioned amateur athletic organization, including, |
20 |
| but not limited to, the Prairie State Games and the Special |
21 |
| Olympics, for no more than 14 days. This shall not include |
22 |
| contests or events that are part of a scheduled series of |
23 |
| regular season events. |
24 |
| (11) Athletic trainer aides from performing patient |
25 |
| care activities under the on-site supervision of a licensed |
26 |
| athletic trainer. These patient care activities shall not |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| include interpretation of referrals or evaluation |
2 |
| procedures, planning or major modifications of patient |
3 |
| programs, administration of medication, or solo practice |
4 |
| or event coverage without immediate access to a licensed |
5 |
| athletic trainer.
|
6 |
| (12) Persons or entities practicing the specified |
7 |
| occupations set forth in subsection (a) of, and pursuant to |
8 |
| a licensing exemption granted in subsection (b) or (d) of, |
9 |
| Section 2105-350 of the Department of Professional |
10 |
| Regulation Law of the Civil Administrative Code of |
11 |
| Illinois, but only for so long as the 2016 Olympic and |
12 |
| Paralympic Games Professional Licensure Exemption Law is |
13 |
| operable. |
14 |
| (Source: P.A. 94-246, eff. 1-1-06.)
|
15 |
| Section 20-25. The Massage Licensing Act is amended by |
16 |
| changing Section 25 as follows:
|
17 |
| (225 ILCS 57/25)
|
18 |
| (Section scheduled to be repealed on January 1, 2012)
|
19 |
| Sec. 25. Exemptions.
|
20 |
| (a) This Act does not prohibit a person licensed
under any |
21 |
| other Act
in this State
from
engaging in the practice for which |
22 |
| he or she is licensed.
|
23 |
| (b) Persons exempted under this Section include, but are |
24 |
| not limited to,
physicians,
podiatrists, naprapaths, and |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| physical therapists.
|
2 |
| (c) Nothing in this Act prohibits qualified members of |
3 |
| other
professional groups,
including but not limited to nurses, |
4 |
| occupational therapists,
cosmetologists, and
estheticians, |
5 |
| from performing massage in a manner consistent with their
|
6 |
| training and the
code of ethics of their respective |
7 |
| professions.
|
8 |
| (d) Nothing in this Act prohibits a student of an approved |
9 |
| massage
school or
program from performing massage, provided |
10 |
| that the student does not hold
himself or herself out
as a |
11 |
| licensed massage therapist and does not charge a fee for |
12 |
| massage therapy
services.
|
13 |
| (e) Nothing in this Act prohibits practitioners that do not |
14 |
| involve
intentional soft tissue manipulation, including but |
15 |
| not limited to Alexander
Technique, Feldenkrais, Reike, and |
16 |
| Therapeutic Touch, from practicing.
|
17 |
| (f) Practitioners of certain service marked bodywork |
18 |
| approaches that do
involve intentional soft tissue |
19 |
| manipulation, including but not limited to
Rolfing, Trager |
20 |
| Approach, Polarity Therapy, and Orthobionomy, are exempt from
|
21 |
| this Act if they are approved by their governing body based on |
22 |
| a minimum level
of training, demonstration of competency, and |
23 |
| adherence to ethical standards.
|
24 |
| (g) Practitioners of Asian bodywork approaches are exempt |
25 |
| from this Act if
they are members of the American Organization |
26 |
| of Bodywork Therapies of Asia as
certified practitioners or if |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| they are approved by an Asian bodywork
organization based on a |
2 |
| minimum level of training, demonstration of competency,
and |
3 |
| adherence to ethical standards set by their governing body.
|
4 |
| (h) Practitioners of other forms of bodywork who restrict |
5 |
| manipulation of
soft tissue to the feet, hands, and ears, and |
6 |
| who do not have the client
disrobe, such as reflexology, are |
7 |
| exempt from this Act.
|
8 |
| (i) Nothing in this Act applies to massage therapists from |
9 |
| other states or
countries when providing educational programs |
10 |
| or services for a period not
exceeding 30 days within a |
11 |
| calendar year.
|
12 |
| (j) Nothing in this Act prohibits a person from treating |
13 |
| ailments by
spiritual means through prayer alone in accordance |
14 |
| with the tenets and
practices of a recognized church or |
15 |
| religious denomination.
|
16 |
| (k) Nothing in this Act applies to persons or entities |
17 |
| practicing the specified occupations set forth in subsection |
18 |
| (a) of, and pursuant to a licensing exemption granted in |
19 |
| subsection (b) or (d) of, Section 2105-350 of the Department of |
20 |
| Professional Regulation Law of the Civil Administrative Code of |
21 |
| Illinois, but only for so long as the 2016 Olympic and |
22 |
| Paralympic Games Professional Licensure Exemption Law is |
23 |
| operable. |
24 |
| (Source: P.A. 92-860, eff. 6-1-03.)
|
25 |
| Section 20-30. The Medical Practice Act of 1987 is amended |
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| by changing Section 4 as follows:
|
2 |
| (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
|
3 |
| (Section scheduled to be repealed on December 31, 2010)
|
4 |
| Sec. 4. Exemptions.
|
5 |
| (a) This Act does not apply to the following:
|
6 |
| (1) persons lawfully carrying on their particular |
7 |
| profession or business
under any valid existing regulatory |
8 |
| Act of this State;
|
9 |
| (2) persons rendering gratuitous services in cases of |
10 |
| emergency; or
|
11 |
| (3) persons treating human ailments by prayer or |
12 |
| spiritual means as an
exercise or enjoyment of religious |
13 |
| freedom ; or .
|
14 |
| (4) persons practicing the specified occupations set |
15 |
| forth in in subsection (a) of, and pursuant to a licensing |
16 |
| exemption granted in subsection (b) or (d) of, Section |
17 |
| 2105-350 of the Department of Professional Regulation Law |
18 |
| of the Civil Administrative Code of Illinois, but only for |
19 |
| so long as the 2016 Olympic and Paralympic Games |
20 |
| Professional Licensure Exemption Law is operable. |
21 |
| (b) (Blank).
|
22 |
| (Source: P.A. 93-379, eff. 7-24-03 .)
|
23 |
| Section 20-35. The Nurse Practice Act is amended by |
24 |
| changing Section 50-15 as follows:
|
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
|
2 |
| (Section scheduled to be repealed on January 1, 2018)
|
3 |
| Sec. 50-15. Policy; application of Act. |
4 |
| (a) For the protection of life and the
promotion of health, |
5 |
| and the prevention of illness and communicable diseases,
any |
6 |
| person practicing or offering to practice advanced,
|
7 |
| professional, or practical
nursing in Illinois shall submit |
8 |
| evidence that he or she is qualified to
practice, and shall be |
9 |
| licensed as provided under this Act. No person shall
practice |
10 |
| or offer to practice advanced, professional, or practical |
11 |
| nursing in Illinois or
use any title, sign, card or device to |
12 |
| indicate that such a person is
practicing professional or |
13 |
| practical nursing unless such person has been
licensed under |
14 |
| the provisions of this Act.
|
15 |
| (b) This Act does not prohibit the following:
|
16 |
| (1) The practice of nursing in Federal employment in |
17 |
| the discharge of the
employee's duties by a person who is |
18 |
| employed by the United States
government or any bureau, |
19 |
| division or agency thereof and is a legally
qualified and |
20 |
| licensed nurse of another state or territory and not in
|
21 |
| conflict with Sections 50-50, 55-10, 60-10, and 70-5 of |
22 |
| this
Act.
|
23 |
| (2) Nursing that is included in the program of study by
|
24 |
| students
enrolled in programs of nursing or in current |
25 |
| nurse practice update courses
approved by the Department.
|
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| (3) The furnishing of nursing assistance in an |
2 |
| emergency.
|
3 |
| (4) The practice of nursing by a nurse who holds an |
4 |
| active license in
another state when providing services to |
5 |
| patients in Illinois during a bonafide
emergency or in |
6 |
| immediate preparation for or during interstate
transit.
|
7 |
| (5) The incidental care of the sick by members of the |
8 |
| family, domestic
servants or housekeepers, or care of the |
9 |
| sick where treatment is by prayer
or spiritual means.
|
10 |
| (6) Persons from being employed as unlicensed |
11 |
| assistive personnel in private homes, long term care |
12 |
| facilities,
nurseries, hospitals or other institutions.
|
13 |
| (7) The practice of practical nursing by one who is a |
14 |
| licensed practical
nurse under the laws of another U.S. |
15 |
| jurisdiction and has applied in writing
to the Department, |
16 |
| in form and substance satisfactory to the Department,
for a |
17 |
| license as a licensed practical nurse and who is qualified |
18 |
| to receive
such license under this Act, until (i) the |
19 |
| expiration of 6 months after
the filing of such written |
20 |
| application, (ii) the withdrawal of such application,
or |
21 |
| (iii) the denial of such application by the Department.
|
22 |
| (8) The practice of advanced practice nursing by one |
23 |
| who is an advanced practice nurse under the laws of another |
24 |
| state, territory of the United States, or country and has |
25 |
| applied in writing to the Department, in form and substance |
26 |
| satisfactory to the Department, for a license as an |
|
|
|
SB2016 Enrolled |
- 75 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| advanced practice nurse and who is qualified to receive |
2 |
| such license under this Act, until (i) the expiration of 6 |
3 |
| months after the filing of such written application, (ii) |
4 |
| the withdrawal of such application, or (iii) the denial of |
5 |
| such application by the Department.
|
6 |
| (9) The practice of professional nursing by one who is |
7 |
| a registered
professional nurse under the laws of another |
8 |
| state, territory of the United
States or country and has |
9 |
| applied in writing to the Department, in form and
substance |
10 |
| satisfactory to the Department, for a license as a |
11 |
| registered
professional nurse and who is qualified to |
12 |
| receive such license under
Section 55-10, until (1) the |
13 |
| expiration of 6 months after the filing of
such written |
14 |
| application, (2) the withdrawal of such application, or (3)
|
15 |
| the denial of such application by the Department.
|
16 |
| (10) The practice of professional nursing that is |
17 |
| included in a program of
study by one who is a registered |
18 |
| professional nurse under the laws of
another state or |
19 |
| territory of the United States or foreign country,
|
20 |
| territory or province and who is enrolled in a graduate |
21 |
| nursing education
program or a program for the completion |
22 |
| of a baccalaureate nursing degree in
this State, which |
23 |
| includes clinical supervision by faculty as
determined by |
24 |
| the educational institution offering the program and the
|
25 |
| health care organization where the practice of nursing |
26 |
| occurs.
|
|
|
|
SB2016 Enrolled |
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LRB096 11410 RCE 21876 b |
|
|
1 |
| (11) Any person licensed in this State under any other |
2 |
| Act from engaging
in the practice for which she or he is |
3 |
| licensed.
|
4 |
| (12) Delegation to authorized direct care staff |
5 |
| trained under Section 15.4
of the Mental Health and
|
6 |
| Developmental Disabilities Administrative Act consistent |
7 |
| with the policies of the Department.
|
8 |
| (13) The practice, services, or activities of persons |
9 |
| practicing the specified occupations set forth in |
10 |
| subsection (a) of, and pursuant to a licensing exemption |
11 |
| granted in subsection (b) or (d) of, Section 2105-350 of |
12 |
| the Department of Professional Regulation Law of the Civil |
13 |
| Administrative Code of Illinois, but only for so long as |
14 |
| the 2016 Olympic and Paralympic Games Professional |
15 |
| Licensure Exemption Law is operable. |
16 |
| Nothing in this Act shall be construed to limit the |
17 |
| delegation of tasks or duties by a physician, dentist, or |
18 |
| podiatrist to a licensed practical nurse, a registered |
19 |
| professional nurse, or other persons.
|
20 |
| (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08.)
|
21 |
| Section 20-40. The Illinois Physical Therapy Act is amended |
22 |
| by changing Section 2 as follows:
|
23 |
| (225 ILCS 90/2) (from Ch. 111, par. 4252)
|
24 |
| (Section scheduled to be repealed on January 1, 2016)
|
|
|
|
SB2016 Enrolled |
- 77 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| Sec. 2. Licensure requirement; exempt activities. Practice |
2 |
| without a
license forbidden - exception.
No person shall
after |
3 |
| the date of August 31, 1965 begin to practice physical therapy |
4 |
| in
this State or hold himself out as being able to practice |
5 |
| this profession,
unless he is licensed as such in accordance |
6 |
| with the provisions of this Act.
After the effective date of |
7 |
| this amendatory Act of 1990, no person shall
practice or hold |
8 |
| himself out as a physical therapist assistant unless he is
|
9 |
| licensed as such under this Act. A physical therapist shall use |
10 |
| the initials "PT" in connection with his or her name to denote |
11 |
| licensure under this Act, and a physical therapist assistant |
12 |
| shall use the initials "PTA" in connection with his or her name |
13 |
| to denote licensure under this Act.
|
14 |
| This Act does not prohibit:
|
15 |
| (1) Any person licensed in this State under
any other |
16 |
| Act from engaging in the practice for which he is licensed.
|
17 |
| (2) The practice of physical therapy by those persons, |
18 |
| practicing
under the
supervision of a licensed physical |
19 |
| therapist and who have met all of the
qualifications as |
20 |
| provided in Sections 7, 8.1, and 9 of this Act, until
the |
21 |
| next examination is given for physical therapists or |
22 |
| physical
therapist assistants and the results have been |
23 |
| received by the Department
and the Department has |
24 |
| determined the applicant's
eligibility for a license. |
25 |
| Anyone failing to pass said examination
shall not again |
26 |
| practice physical therapy until such time as an examination
|
|
|
|
SB2016 Enrolled |
- 78 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| has been successfully passed by such person.
|
2 |
| (3) The practice of physical
therapy for a period not |
3 |
| exceeding 6 months by a person who is in this State
on a |
4 |
| temporary basis to assist in a case of medical emergency or |
5 |
| to engage
in a special physical therapy project, and who |
6 |
| meets the qualifications
for a physical therapist as set |
7 |
| forth in Sections 7 and 8 of this Act and
is licensed in |
8 |
| another state as a physical therapist.
|
9 |
| (4) Practice of physical
therapy by qualified persons |
10 |
| who have filed for endorsement for no longer
than one year |
11 |
| or until such time that notification of licensure has been
|
12 |
| granted or denied, whichever period of time is lesser.
|
13 |
| (5) One or more
licensed physical therapists from |
14 |
| forming a professional service
corporation under the |
15 |
| provisions of the "Professional Service Corporation
Act", |
16 |
| approved September 15, 1969, as now or hereafter amended, |
17 |
| and
licensing such corporation for the practice of physical |
18 |
| therapy.
|
19 |
| (6) Physical therapy aides from performing patient |
20 |
| care activities under
the
on-site supervision of a licensed |
21 |
| physical therapist or licensed physical
therapist |
22 |
| assistant. These patient care activities shall not include
|
23 |
| interpretation of referrals, evaluation procedures, the |
24 |
| planning of or
major modifications of, patient programs.
|
25 |
| (7) Physical Therapist
Assistants from performing |
26 |
| patient care activities under the general
supervision of a |
|
|
|
SB2016 Enrolled |
- 79 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| licensed physical therapist. The physical therapist must
|
2 |
| maintain continual contact with the physical therapist |
3 |
| assistant including
periodic personal supervision and |
4 |
| instruction to insure the safety and
welfare of the |
5 |
| patient.
|
6 |
| (8) The practice of physical therapy by a physical
|
7 |
| therapy student or a physical therapist assistant student |
8 |
| under the on-site supervision of a licensed physical |
9 |
| therapist.
The physical therapist shall be readily |
10 |
| available for direct supervision
and instruction to insure |
11 |
| the safety and welfare of the patient.
|
12 |
| (9) The
practice of physical therapy as part of an |
13 |
| educational program by a
physical therapist licensed in |
14 |
| another state or country for a period not to
exceed 6 |
15 |
| months.
|
16 |
| (10) The practice, services, or activities of persons |
17 |
| practicing the specified occupations set forth in |
18 |
| subsection (a) of, and pursuant to a licensing exemption |
19 |
| granted in subsection (b) or (d) of, Section 2105-350 of |
20 |
| the Department of Professional Regulation Law of the Civil |
21 |
| Administrative Code of Illinois, but only for so long as |
22 |
| the 2016 Olympic and Paralympic Games Professional |
23 |
| Licensure Exemption Law is operable. |
24 |
| (Source: P.A. 93-1010, eff. 8-24-04 .)
|
25 |
| Section 20-45. The Physician Assistant Practice Act of 1987 |
|
|
|
SB2016 Enrolled |
- 80 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| is amended by changing Section 5 as follows:
|
2 |
| (225 ILCS 95/5) (from Ch. 111, par. 4605)
|
3 |
| (Section scheduled to be repealed on January 1, 2018)
|
4 |
| Sec. 5. This Act does not prohibit:
|
5 |
| 1. Any person licensed in this State under any other Act |
6 |
| from engaging
in the practice for which he is licensed;
|
7 |
| 2. The practice as a physician assistant by a person who is |
8 |
| employed
by the United States government or any bureau, |
9 |
| division or agency thereof
while in the discharge of the |
10 |
| employee's official duties;
|
11 |
| 3. The practice as a physician assistant which is included |
12 |
| in their
program of study by students enrolled in schools or in |
13 |
| refresher courses
approved by the Department.
|
14 |
| 4. The practice, services, or activities of persons |
15 |
| practicing the specified occupations set forth in subsection |
16 |
| (a) of, and pursuant to a licensing exemption granted in |
17 |
| subsection (b) or (d) of, Section 2105-350 of the Department of |
18 |
| Professional Regulation Law of the Civil Administrative Code of |
19 |
| Illinois, but only for so long as the 2016 Olympic and |
20 |
| Paralympic Games Professional Licensure Exemption Law is |
21 |
| operable. |
22 |
| (Source: P.A. 85-1209 .)
|
23 |
| Section 20-50. The Veterinary Medicine and Surgery |
24 |
| Practice Act of 2004 is amended by changing Section 4 as |
|
|
|
SB2016 Enrolled |
- 81 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| follows:
|
2 |
| (225 ILCS 115/4) (from Ch. 111, par. 7004)
|
3 |
| (Section scheduled to be repealed on January 1, 2014)
|
4 |
| Sec. 4. Exemptions. Nothing in this Act shall apply to any |
5 |
| of the
following:
|
6 |
| (1) Veterinarians employed by the federal or State |
7 |
| government while
engaged in their official duties.
|
8 |
| (2) Licensed veterinarians from other states who are |
9 |
| invited to Illinois
for consultation or lecturing.
|
10 |
| (3) Veterinarians employed by colleges or universities |
11 |
| while engaged in
the performance of their official duties, |
12 |
| or
faculty engaged in animal husbandry or animal management |
13 |
| programs of colleges
or universities.
|
14 |
| (4) A veterinarian employed by an accredited college of |
15 |
| veterinary
medicine providing assistance requested by a |
16 |
| veterinarian licensed in Illinois,
acting with informed |
17 |
| consent from the client and acting under the direct or
|
18 |
| indirect supervision and control of the licensed |
19 |
| veterinarian. Providing
assistance involves hands-on |
20 |
| active participation in the treatment and care of
the |
21 |
| patient. The licensed veterinarian shall maintain |
22 |
| responsibility for the
veterinarian-client-patient |
23 |
| relationship.
|
24 |
| (5) Veterinary students in an accredited
college, |
25 |
| university,
department
of a university, or other |
|
|
|
SB2016 Enrolled |
- 82 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| institution of veterinary medicine and surgery
engaged in |
2 |
| duties assigned by their
instructors.
|
3 |
| (6) Any person engaged in bona fide scientific research |
4 |
| which
requires
the use of animals.
|
5 |
| (7) An owner of livestock and any of the owner's |
6 |
| employees or the owner
and employees of a service and care |
7 |
| provider of livestock caring for and
treating livestock |
8 |
| belonging to the owner or under a provider's care, |
9 |
| including
but not limited to, the performance of husbandry |
10 |
| and livestock management
practices such as dehorning, |
11 |
| castration, emasculation, or docking of cattle,
horses, |
12 |
| sheep, goats, and swine, artificial insemination, and |
13 |
| drawing of semen.
Nor shall this Act be construed to |
14 |
| prohibit any person from administering in a
humane manner |
15 |
| medicinal or surgical treatment to any livestock in the |
16 |
| care
of such person. However, any such services shall |
17 |
| comply with the Humane Care
for Animals Act.
|
18 |
| (8) An owner of an animal, or an agent of the owner |
19 |
| acting with the
owner's approval, in caring for, training, |
20 |
| or treating an animal belonging to
the owner, so long as |
21 |
| that individual or agent does not represent himself or
|
22 |
| herself as a veterinarian or use any title associated with |
23 |
| the practice of
veterinary medicine or surgery or diagnose, |
24 |
| prescribe drugs, or perform
surgery. The agent shall |
25 |
| provide the owner with a written statement
summarizing the |
26 |
| nature of the services provided and obtain a signed
|
|
|
|
SB2016 Enrolled |
- 83 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| acknowledgment from the owner that they accept the services |
2 |
| provided. The
services shall comply with the Humane Care |
3 |
| for Animals Act. The provisions of
this item (8) do not |
4 |
| apply to a person who is exempt under item (7).
|
5 |
| (9) A member in good standing of another licensed or |
6 |
| regulated profession
within any state or a member of an |
7 |
| organization or group approved by the
Department by rule |
8 |
| providing assistance requested by a veterinarian
licensed |
9 |
| in this State acting with informed consent from the client |
10 |
| and acting
under the direct or indirect supervision and |
11 |
| control of the licensed
veterinarian. Providing assistance |
12 |
| involves hands-on active participation in
the treatment |
13 |
| and care of the patient, as defined by rule. The licensed
|
14 |
| veterinarian shall maintain responsibility for the |
15 |
| veterinarian-client-patient
relationship.
|
16 |
| (10) A graduate of a non-accredited college of |
17 |
| veterinary medicine who is
in
the process of obtaining a |
18 |
| certificate of educational equivalence and is
performing |
19 |
| duties or actions assigned by instructors in an approved |
20 |
| college of
veterinary medicine.
|
21 |
| (11) A certified euthanasia technician who is |
22 |
| authorized to perform
euthanasia in the course and scope of |
23 |
| his or her employment.
|
24 |
| (12) A person who, without expectation of |
25 |
| compensation, provides emergency
veterinary care in an |
26 |
| emergency or disaster situation so long as he or she does
|
|
|
|
SB2016 Enrolled |
- 84 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| not represent himself or herself as a veterinarian or use a |
2 |
| title or degree
pertaining to the practice of veterinary |
3 |
| medicine and surgery.
|
4 |
| (13) An employee of a licensed
veterinarian performing |
5 |
| duties other than diagnosis, prognosis, prescription,
or |
6 |
| surgery under the direction and supervision of the |
7 |
| veterinarian, who shall
be responsible for the performance |
8 |
| of the employee.
|
9 |
| (14) An approved humane investigator regulated under |
10 |
| the Humane Care for
Animals Act or employee of a shelter |
11 |
| licensed under the Animal Welfare Act,
working under the |
12 |
| indirect supervision of a licensed veterinarian.
|
13 |
| (15) An individual providing equine dentistry services |
14 |
| requested by a
veterinarian licensed to practice in this |
15 |
| State, an owner, or an owner's agent.
For the purposes of |
16 |
| this item (15), "equine dentistry services" means floating
|
17 |
| teeth without the use of drugs or extraction.
|
18 |
| (16) Private treaty sale of animals unless otherwise |
19 |
| provided by law.
|
20 |
| (17) Persons or entities practicing the specified |
21 |
| occupations set forth in subsection (a) of, and pursuant to |
22 |
| a licensing exemption granted in subsection (b) or (d) of, |
23 |
| Section 2105-350 of the Department of Professional |
24 |
| Regulation Law of the Civil Administrative Code of |
25 |
| Illinois, but only for so long as the 2016 Olympic and |
26 |
| Paralympic Games Professional Licensure Exemption Law is |
|
|
|
SB2016 Enrolled |
- 85 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| operable. |
2 |
| (Source: P.A. 92-449, eff. 1-1-02; 93-281, eff. 12-31-03.)
|
3 |
| ARTICLE 25. |
4 |
| Section 25-1. Article title. This Article may be cited as |
5 |
| the Illinois 2016 Olympic and Paralympic Games Shooting |
6 |
| Competition Exemption Law. |
7 |
| Section 25-5. Purpose. It is the intent of the Legislature |
8 |
| in enacting this Article to ensure that competitive shooting |
9 |
| athletes may bring into the State, possess, transport, and use |
10 |
| competition firearms that are sanctioned by the International |
11 |
| Olympic Committee, the International Paralympic Committee, the |
12 |
| International Shooting Sport Federation (the international |
13 |
| governing body for shooting competitions), or USA Shooting (the |
14 |
| national governing body for Olympic shooting sports in the |
15 |
| United States) in connection with the athletes' participation |
16 |
| in official shooting competitions at the 2016 Olympic and |
17 |
| Paralympic Games and sanctioned test events leading up to the |
18 |
| 2016 Olympic and Paralympic Games should the City of Chicago be |
19 |
| selected to host the 2016 Olympic and Paralympic Games. These |
20 |
| provisions only have the effect of allowing possession of, |
21 |
| transport of, and use of, firearms for Olympic-style shooting |
22 |
| by athletes in such competitions, without affecting other |
23 |
| firearms regulated under existing law. |
|
|
|
SB2016 Enrolled |
- 86 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| Section 25-10. The Firearm Owners Identification Card Act |
2 |
| is amended by changing Section 2 as follows:
|
3 |
| (430 ILCS 65/2) (from Ch. 38, par. 83-2)
|
4 |
| Sec. 2. Firearm Owner's Identification Card required; |
5 |
| exceptions.
|
6 |
| (a) (1) No person may acquire or possess any firearm, stun |
7 |
| gun, or taser within this State
without having in his or |
8 |
| her possession a Firearm Owner's Identification Card
|
9 |
| previously issued in his or her name by the Department of |
10 |
| State Police under
the provisions of this Act.
|
11 |
| (2) No person may acquire or possess firearm ammunition |
12 |
| within this
State without having in his or her possession a |
13 |
| Firearm Owner's Identification
Card previously issued in |
14 |
| his or her name by the Department of State Police
under the |
15 |
| provisions of this Act.
|
16 |
| (b) The provisions of this Section regarding the possession |
17 |
| of firearms, firearm ammunition, stun guns, and tasers do not |
18 |
| apply to:
|
19 |
| (1) United States Marshals, while engaged in the |
20 |
| operation of their
official duties;
|
21 |
| (2) Members of the Armed Forces of the United States or |
22 |
| the National
Guard, while engaged in the operation of their |
23 |
| official duties;
|
24 |
| (3) Federal officials required to carry firearms, |
|
|
|
SB2016 Enrolled |
- 87 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| while engaged in the
operation of their official duties;
|
2 |
| (4) Members of bona fide veterans organizations which |
3 |
| receive firearms
directly from the armed forces of the |
4 |
| United States, while using the
firearms for ceremonial |
5 |
| purposes with blank ammunition;
|
6 |
| (5) Nonresident hunters during hunting season, with |
7 |
| valid nonresident
hunting licenses and while in an area |
8 |
| where hunting is permitted; however,
at all other times and |
9 |
| in all other places these persons must have their
firearms |
10 |
| unloaded and enclosed in a case;
|
11 |
| (6) Those hunters exempt from obtaining a hunting |
12 |
| license who are
required to submit their Firearm Owner's |
13 |
| Identification Card when hunting
on Department of Natural |
14 |
| Resources owned or managed sites;
|
15 |
| (7) Nonresidents while on a firing or shooting range |
16 |
| recognized by the
Department of State Police; however, |
17 |
| these persons must at all other times
and in all other |
18 |
| places have their firearms unloaded and enclosed in a case;
|
19 |
| (8) Nonresidents while at a firearm showing or display |
20 |
| recognized by
the Department of State Police; however, at |
21 |
| all other times and in all
other places these persons must |
22 |
| have their firearms unloaded and enclosed
in a case;
|
23 |
| (9) Nonresidents whose firearms are unloaded and |
24 |
| enclosed in a case;
|
25 |
| (10) Nonresidents who are currently licensed or |
26 |
| registered to possess a
firearm in their resident state;
|
|
|
|
SB2016 Enrolled |
- 88 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| (11) Unemancipated minors while in the custody and |
2 |
| immediate control of
their parent or legal guardian or |
3 |
| other person in loco parentis to the
minor if the parent or |
4 |
| legal guardian or other person in loco parentis to
the |
5 |
| minor has a currently valid Firearm Owner's Identification
|
6 |
| Card;
|
7 |
| (12) Color guards of bona fide veterans organizations |
8 |
| or members of bona
fide American Legion bands while using |
9 |
| firearms for ceremonial purposes
with blank ammunition;
|
10 |
| (13) Nonresident hunters whose state of residence does |
11 |
| not require
them to be licensed or registered to possess a |
12 |
| firearm and only during
hunting season, with valid hunting |
13 |
| licenses, while accompanied by, and
using a firearm owned |
14 |
| by, a person who possesses a valid Firearm Owner's
|
15 |
| Identification Card and while in an area within a |
16 |
| commercial club licensed
under the Wildlife Code where |
17 |
| hunting is permitted and controlled, but in
no instance |
18 |
| upon sites owned or managed by the Department of Natural
|
19 |
| Resources;
|
20 |
| (14) Resident hunters who are properly authorized to |
21 |
| hunt and,
while accompanied by a person who possesses a |
22 |
| valid Firearm Owner's
Identification Card, hunt in an area |
23 |
| within a commercial club licensed
under the Wildlife Code |
24 |
| where hunting is permitted and controlled; and
|
25 |
| (15) A person who is otherwise eligible to obtain a |
26 |
| Firearm Owner's
Identification Card under this Act and is |
|
|
|
SB2016 Enrolled |
- 89 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| under the direct supervision of a
holder of a Firearm
|
2 |
| Owner's Identification Card who is 21 years of age or older |
3 |
| while the person is
on a firing or shooting range
or is a
|
4 |
| participant in a firearms safety and training course |
5 |
| recognized by a law
enforcement agency or a national, |
6 |
| statewide shooting sports organization ; and .
|
7 |
| (16) Competitive shooting athletes whose competition |
8 |
| firearms are sanctioned by the International Olympic |
9 |
| Committee, the International Paralympic Committee, the |
10 |
| International Shooting Sport Federation, or USA Shooting |
11 |
| in connection with such athletes' training for and |
12 |
| participation in shooting competitions at the 2016 Olympic |
13 |
| and Paralympic Games and sanctioned test events leading up |
14 |
| to the 2016 Olympic and Paralympic Games. |
15 |
| (c) The provisions of this Section regarding the |
16 |
| acquisition and possession
of firearms, firearm ammunition, |
17 |
| stun guns, and tasers do not apply to law enforcement officials
|
18 |
| of this or any other jurisdiction, while engaged in the |
19 |
| operation of their
official duties.
|
20 |
| (Source: P.A. 94-6, eff. 1-1-06.)
|
21 |
| Section 25-15. The Criminal Code of 1961 is amended by |
22 |
| changing Section 24-2 as follows:
|
23 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
|
24 |
| Sec. 24-2. Exemptions.
|
|
|
|
SB2016 Enrolled |
- 90 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
2 |
| 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
3 |
| the following:
|
4 |
| (1) Peace officers, and any person summoned by a peace |
5 |
| officer to
assist in making arrests or preserving the |
6 |
| peace, while actually engaged in
assisting such officer.
|
7 |
| (2) Wardens, superintendents and keepers of prisons,
|
8 |
| penitentiaries, jails and other institutions for the |
9 |
| detention of persons
accused or convicted of an offense, |
10 |
| while in the performance of their
official duty, or while |
11 |
| commuting between their homes and places of employment.
|
12 |
| (3) Members of the Armed Services or Reserve Forces of |
13 |
| the United States
or the Illinois National Guard or the |
14 |
| Reserve Officers Training Corps,
while in the performance |
15 |
| of their official duty.
|
16 |
| (4) Special agents employed by a railroad or a public |
17 |
| utility to
perform police functions, and guards of armored |
18 |
| car companies, while
actually engaged in the performance of |
19 |
| the duties of their employment or
commuting between their |
20 |
| homes and places of employment; and watchmen
while actually |
21 |
| engaged in the performance of the duties of their |
22 |
| employment.
|
23 |
| (5) Persons licensed as private security contractors, |
24 |
| private
detectives, or private alarm contractors, or |
25 |
| employed by an agency
certified by the Department of |
26 |
| Professional Regulation, if their duties
include the |
|
|
|
SB2016 Enrolled |
- 91 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| carrying of a weapon under the provisions of the Private
|
2 |
| Detective, Private Alarm,
Private Security, Fingerprint |
3 |
| Vendor, and Locksmith Act of 2004,
while actually
engaged |
4 |
| in the performance of the duties of their employment or |
5 |
| commuting
between their homes and places of employment, |
6 |
| provided that such commuting
is accomplished within one |
7 |
| hour from departure from home or place of
employment, as |
8 |
| the case may be. Persons exempted under this subdivision
|
9 |
| (a)(5) shall be required to have completed a course of
|
10 |
| study in firearms handling and training approved and |
11 |
| supervised by the
Department of Professional Regulation as |
12 |
| prescribed by Section 28 of the
Private Detective, Private |
13 |
| Alarm,
Private Security, Fingerprint Vendor, and Locksmith |
14 |
| Act of 2004, prior
to becoming eligible for this exemption. |
15 |
| The Department of Professional
Regulation shall provide |
16 |
| suitable documentation demonstrating the
successful |
17 |
| completion of the prescribed firearms training. Such
|
18 |
| documentation shall be carried at all times when such |
19 |
| persons are in
possession of a concealable weapon.
|
20 |
| (6) Any person regularly employed in a commercial or |
21 |
| industrial
operation as a security guard for the protection |
22 |
| of persons employed
and private property related to such |
23 |
| commercial or industrial
operation, while actually engaged |
24 |
| in the performance of his or her
duty or traveling between |
25 |
| sites or properties belonging to the
employer, and who, as |
26 |
| a security guard, is a member of a security force of
at |
|
|
|
SB2016 Enrolled |
- 92 - |
LRB096 11410 RCE 21876 b |
|
|
1 |
| least 5 persons registered with the Department of |
2 |
| Professional
Regulation; provided that such security guard |
3 |
| has successfully completed a
course of study, approved by |
4 |
| and supervised by the Department of
Professional |
5 |
| Regulation, consisting of not less than 40 hours of |
6 |
| training
that includes the theory of law enforcement, |
7 |
| liability for acts, and the
handling of weapons. A person |
8 |
| shall be considered eligible for this
exemption if he or |
9 |
| she has completed the required 20
hours of training for a |
10 |
| security officer and 20 hours of required firearm
training, |
11 |
| and has been issued a firearm control card by
the |
12 |
| Department of Professional Regulation. Conditions for the |
13 |
| renewal of
firearm control cards issued under the |
14 |
| provisions of this Section
shall be the same as for those |
15 |
| cards issued under the provisions of the
Private Detective, |
16 |
| Private Alarm,
Private Security, Fingerprint Vendor, and |
17 |
| Locksmith Act of 2004. Such
firearm control card shall be |
18 |
| carried by the security guard at all
times when he or she |
19 |
| is in possession of a concealable weapon.
|
20 |
| (7) Agents and investigators of the Illinois |
21 |
| Legislative Investigating
Commission authorized by the |
22 |
| Commission to carry the weapons specified in
subsections |
23 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
24 |
| any investigation for the Commission.
|
25 |
| (8) Persons employed by a financial institution for the |
26 |
| protection of
other employees and property related to such |
|
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| financial institution, while
actually engaged in the |
2 |
| performance of their duties, commuting between
their homes |
3 |
| and places of employment, or traveling between sites or
|
4 |
| properties owned or operated by such financial |
5 |
| institution, provided that
any person so employed has |
6 |
| successfully completed a course of study,
approved by and |
7 |
| supervised by the Department of Professional Regulation,
|
8 |
| consisting of not less than 40 hours of training which |
9 |
| includes theory of
law enforcement, liability for acts, and |
10 |
| the handling of weapons.
A person shall be considered to be |
11 |
| eligible for this exemption if he or
she has completed the |
12 |
| required 20 hours of training for a security officer
and 20 |
13 |
| hours of required firearm training, and has been issued a
|
14 |
| firearm control card by the Department of Professional |
15 |
| Regulation.
Conditions for renewal of firearm control |
16 |
| cards issued under the
provisions of this Section shall be |
17 |
| the same as for those issued under the
provisions of the |
18 |
| Private Detective, Private Alarm,
Private Security, |
19 |
| Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm |
20 |
| control card shall be carried by the person so
trained at |
21 |
| all times when such person is in possession of a |
22 |
| concealable
weapon. For purposes of this subsection, |
23 |
| "financial institution" means a
bank, savings and loan |
24 |
| association, credit union or company providing
armored car |
25 |
| services.
|
26 |
| (9) Any person employed by an armored car company to |
|
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| drive an armored
car, while actually engaged in the |
2 |
| performance of his duties.
|
3 |
| (10) Persons who have been classified as peace officers |
4 |
| pursuant
to the Peace Officer Fire Investigation Act.
|
5 |
| (11) Investigators of the Office of the State's |
6 |
| Attorneys Appellate
Prosecutor authorized by the board of |
7 |
| governors of the Office of the
State's Attorneys Appellate |
8 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the |
9 |
| State's Attorneys Appellate Prosecutor's Act.
|
10 |
| (12) Special investigators appointed by a State's |
11 |
| Attorney under
Section 3-9005 of the Counties Code.
|
12 |
| (12.5) Probation officers while in the performance of |
13 |
| their duties, or
while commuting between their homes, |
14 |
| places of employment or specific locations
that are part of |
15 |
| their assigned duties, with the consent of the chief judge |
16 |
| of
the circuit for which they are employed.
|
17 |
| (13) Court Security Officers while in the performance |
18 |
| of their official
duties, or while commuting between their |
19 |
| homes and places of employment, with
the
consent of the |
20 |
| Sheriff.
|
21 |
| (13.5) A person employed as an armed security guard at |
22 |
| a nuclear energy,
storage, weapons or development site or |
23 |
| facility regulated by the Nuclear
Regulatory Commission |
24 |
| who has completed the background screening and training
|
25 |
| mandated by the rules and regulations of the Nuclear |
26 |
| Regulatory Commission.
|
|
|
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| (14) Manufacture, transportation, or sale of weapons |
2 |
| to
persons
authorized under subdivisions (1) through |
3 |
| (13.5) of this
subsection
to
possess those weapons.
|
4 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
5 |
| 24-1.6 do not
apply to or affect
any of the following:
|
6 |
| (1) Members of any club or organization organized for |
7 |
| the purpose of
practicing shooting at targets upon |
8 |
| established target ranges, whether
public or private, and |
9 |
| patrons of such ranges, while such members
or patrons are |
10 |
| using their firearms on those target ranges.
|
11 |
| (2) Duly authorized military or civil organizations |
12 |
| while parading,
with the special permission of the |
13 |
| Governor.
|
14 |
| (3) Hunters, trappers or fishermen with a license or
|
15 |
| permit while engaged in hunting,
trapping or fishing.
|
16 |
| (4) Transportation of weapons that are broken down in a
|
17 |
| non-functioning state or are not immediately accessible.
|
18 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any |
19 |
| of the
following:
|
20 |
| (1) Peace officers while in performance of their |
21 |
| official duties.
|
22 |
| (2) Wardens, superintendents and keepers of prisons, |
23 |
| penitentiaries,
jails and other institutions for the |
24 |
| detention of persons accused or
convicted of an offense.
|
25 |
| (3) Members of the Armed Services or Reserve Forces of |
26 |
| the United States
or the Illinois National Guard, while in |
|
|
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| the performance of their official
duty.
|
2 |
| (4) Manufacture, transportation, or sale of machine |
3 |
| guns to persons
authorized under subdivisions (1) through |
4 |
| (3) of this subsection to
possess machine guns, if the |
5 |
| machine guns are broken down in a
non-functioning state or |
6 |
| are not immediately accessible.
|
7 |
| (5) Persons licensed under federal law to manufacture |
8 |
| any weapon from
which 8 or more shots or bullets can be |
9 |
| discharged by a
single function of the firing device, or |
10 |
| ammunition for such weapons, and
actually engaged in the |
11 |
| business of manufacturing such weapons or
ammunition, but |
12 |
| only with respect to activities which are within the lawful
|
13 |
| scope of such business, such as the manufacture, |
14 |
| transportation, or testing
of such weapons or ammunition. |
15 |
| This exemption does not authorize the
general private |
16 |
| possession of any weapon from which 8 or more
shots or |
17 |
| bullets can be discharged by a single function of the |
18 |
| firing
device, but only such possession and activities as |
19 |
| are within the lawful
scope of a licensed manufacturing |
20 |
| business described in this paragraph.
|
21 |
| During transportation, such weapons shall be broken |
22 |
| down in a
non-functioning state or not immediately |
23 |
| accessible.
|
24 |
| (6) The manufacture, transport, testing, delivery, |
25 |
| transfer or sale,
and all lawful commercial or experimental |
26 |
| activities necessary thereto, of
rifles, shotguns, and |
|
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| weapons made from rifles or shotguns,
or ammunition for |
2 |
| such rifles, shotguns or weapons, where engaged in
by a |
3 |
| person operating as a contractor or subcontractor pursuant |
4 |
| to a
contract or subcontract for the development and supply |
5 |
| of such rifles,
shotguns, weapons or ammunition to the |
6 |
| United States government or any
branch of the Armed Forces |
7 |
| of the United States, when such activities are
necessary |
8 |
| and incident to fulfilling the terms of such contract.
|
9 |
| The exemption granted under this subdivision (c)(6)
|
10 |
| shall also apply to any authorized agent of any such |
11 |
| contractor or
subcontractor who is operating within the |
12 |
| scope of his employment, where
such activities involving |
13 |
| such weapon, weapons or ammunition are necessary
and |
14 |
| incident to fulfilling the terms of such contract.
|
15 |
| During transportation, any such weapon shall be broken |
16 |
| down in a
non-functioning state, or not immediately |
17 |
| accessible.
|
18 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, |
19 |
| possession
or carrying of a black-jack or slung-shot by a peace |
20 |
| officer.
|
21 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, |
22 |
| manager or
authorized employee of any place specified in that |
23 |
| subsection nor to any
law enforcement officer.
|
24 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
25 |
| Section 24-1.6
do not apply
to members of any club or |
26 |
| organization organized for the purpose of practicing
shooting |
|
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| at targets upon established target ranges, whether public or |
2 |
| private,
while using their firearms on those target ranges.
|
3 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
4 |
| to:
|
5 |
| (1) Members of the Armed Services or Reserve Forces of |
6 |
| the United
States or the Illinois National Guard, while in |
7 |
| the performance of their
official duty.
|
8 |
| (2) Bonafide collectors of antique or surplus military |
9 |
| ordinance.
|
10 |
| (3) Laboratories having a department of forensic |
11 |
| ballistics, or
specializing in the development of |
12 |
| ammunition or explosive ordinance.
|
13 |
| (4) Commerce, preparation, assembly or possession of |
14 |
| explosive
bullets by manufacturers of ammunition licensed |
15 |
| by the federal government,
in connection with the supply of |
16 |
| those organizations and persons exempted
by subdivision |
17 |
| (g)(1) of this Section, or like organizations and persons
|
18 |
| outside this State, or the transportation of explosive |
19 |
| bullets to any
organization or person exempted in this |
20 |
| Section by a common carrier or by a
vehicle owned or leased |
21 |
| by an exempted manufacturer.
|
22 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect |
23 |
| persons licensed
under federal law to manufacture any device or |
24 |
| attachment of any kind designed,
used, or intended for use in |
25 |
| silencing the report of any firearm, firearms, or
ammunition
|
26 |
| for those firearms equipped with those devices, and actually |
|
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| engaged in the
business of manufacturing those devices, |
2 |
| firearms, or ammunition, but only with
respect to
activities |
3 |
| that are within the lawful scope of that business, such as the
|
4 |
| manufacture, transportation, or testing of those devices, |
5 |
| firearms, or
ammunition. This
exemption does not authorize the |
6 |
| general private possession of any device or
attachment of any |
7 |
| kind designed, used, or intended for use in silencing the
|
8 |
| report of any firearm, but only such possession and activities |
9 |
| as are within
the
lawful scope of a licensed manufacturing |
10 |
| business described in this subsection
(g-5). During |
11 |
| transportation, those devices shall be detached from any weapon
|
12 |
| or
not immediately accessible.
|
13 |
| (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
14 |
| 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an |
15 |
| athlete's possession, transport on official Olympic and |
16 |
| Paralympic transit systems established for athletes, or use of |
17 |
| competition firearms sanctioned by the International Olympic |
18 |
| Committee, the International Paralympic Committee, the |
19 |
| International Shooting Sport Federation, or USA Shooting in |
20 |
| connection with such athlete's training for and participation |
21 |
| in shooting competitions at the 2016 Olympic and Paralympic |
22 |
| Games and sanctioned test events leading up to the 2016 Olympic |
23 |
| and Paralympic Games. |
24 |
| (h) An information or indictment based upon a violation of |
25 |
| any
subsection of this Article need not negative any exemptions |
26 |
| contained in
this Article. The defendant shall have the burden |
|
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| of proving such an
exemption.
|
2 |
| (i) Nothing in this Article shall prohibit, apply to, or |
3 |
| affect
the transportation, carrying, or possession, of any |
4 |
| pistol or revolver,
stun gun, taser, or other firearm consigned |
5 |
| to a common carrier operating
under license of the State of |
6 |
| Illinois or the federal government, where
such transportation, |
7 |
| carrying, or possession is incident to the lawful
|
8 |
| transportation in which such common carrier is engaged; and |
9 |
| nothing in this
Article shall prohibit, apply to, or affect the |
10 |
| transportation, carrying,
or possession of any pistol, |
11 |
| revolver, stun gun, taser, or other firearm,
not the subject of |
12 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
13 |
| this Article, which is unloaded and enclosed in a case, firearm
|
14 |
| carrying box, shipping box, or other container, by the |
15 |
| possessor of a valid
Firearm Owners Identification Card.
|
16 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; |
17 |
| 95-885, eff. 1-1-09.)
|
18 |
| Section 25-20. Inoperability. This Article shall be |
19 |
| inoperable as follows: |
20 |
| (a) if the City of Chicago terminates its candidacy to |
21 |
| become the host city for the 2016 Olympic and Paralympic Games, |
22 |
| then this Article is inoperable upon that termination;
|
23 |
| (b) if the International Olympic Committee does not select |
24 |
| the City of Chicago as the host city for the 2016 Olympic and |
25 |
| Paralympic Games on or before December 1, 2009, then this |