Executive Committee

Filed: 3/18/2009

 

 


 

 


 
09600SB2016ham001 LRB096 11410 RCE 24010 a

1
AMENDMENT TO SENATE BILL 2016

2     AMENDMENT NO. ______. Amend Senate Bill 2016 by replacing
3 everything after the enacting clause with the following:
 
4
"ARTICLE 1.

 
5     Section 1-1. Short title. This Act may be cited as the 2016
6 Olympic and Paralympic Games Act.
 
7
ARTICLE 5.

 
8     Section 5-1. Article title. This Article may be cited as
9 the Olympic Games and Paralympic Games (2016) Law.
 
10     Section 5-5. Definitions. For purposes of this Article:
11     "Bid committee" means Chicago 2016, a local organizing
12 committee that has been incorporated as a not-for-profit
13 corporation, that is authorized by the candidate city to submit

 

 

09600SB2016ham001 - 2 - LRB096 11410 RCE 24010 a

1 a bid on the candidate city's behalf to the IOC for selection
2 as the host city for the games, and that may serve as (or help
3 form) the OCOG if the candidate city is selected as the host
4 city for the games.
5     "Candidate city" means the City of Chicago, which has been
6 selected as a candidate by the IOC to be host city of the
7 games.
8     "Competition venues" means, collectively, the venues or
9 facilities to be used for competition and related activities
10 (including, without limitation, training activities) for the
11 games as may be determined by the IOC, the USOC, or the OCOG or
12 the candidate city.
13     "Games" means the 2016 Olympic and Paralympic Games.
14     "Governor" means the Governor of Illinois.
15     "IOC" means the International Olympic Committee.
16     "IPC" means the International Paralympic Committee.
17     "Net financial deficit" means any financial deficit of the
18 OCOG or resulting from the conduct of the games.
19     "Non-competition venues" means, collectively, the venues
20 or facilities to be used for non-competition activities
21 (including, without limitation, live sites, hospitality sites,
22 and administrative and operational offices) for the games as
23 determined by the OCOG or the candidate city, or both, and
24 subject to the reasonable approval of the State.
25     "OCOG" means the bid committee, as the same may be
26 reorganized or reconstituted if the candidate city is selected

 

 

09600SB2016ham001 - 3 - LRB096 11410 RCE 24010 a

1 as the host city for the games, or another not-for-profit
2 corporation that serves as the organizing committee for the
3 games and to be established by the candidate city and the bid
4 committee. Appointments of members to the OCOG should, to the
5 greatest extent possible, reflect the ethnic and racial
6 diversity of the candidate city.
7     "Olympic properties" means, collectively, (1) the
8 properties on which the venues will be located and that are
9 owned or controlled by the State and (2) the Olympic ancillary
10 properties.
11     "Olympic ancillary properties" means all public
12 rights-of-ways or public areas that are owned or controlled by
13 the State (or over which it has jurisdiction), including but
14 not limited to streets, highways, sidewalks, alleys,
15 waterways, parks, and bridges necessary and appropriate to the
16 staging of the games as determined by the OCOG or the candidate
17 city, or both, and subject to the reasonable approval of the
18 State.
19     "State" means the State of Illinois.
20     "State indemnification obligation" means the obligation of
21 the State to indemnify the IOC, IPC or USOC, or a combination
22 of those entities, against claims of, and liabilities to, third
23 parties relating to the games, as described in this Article.
24     "USOC" means the United States Olympic Committee.
25     "Venues" means, collectively, the competition venues and
26 non-competition venues.
 

 

 

09600SB2016ham001 - 4 - LRB096 11410 RCE 24010 a

1     Section 5-10. Governmental Cooperation.
2     (a) The State, in accordance with law and to the extent of
3 the State's authority, and subject to the limitations of this
4 Article:
5         (1) guarantees that the candidate city, working in
6     partnership with the OCOG, shall be the primary and lead
7     governmental authority for the planning, organization, and
8     hosting of the games;
9         (2) guarantees that the candidate city shall be the
10     primary and lead governmental authority for the planning,
11     organization, and delivery of public services specific to
12     the games;
13         (3) guarantees that the State shall designate a
14     representative (designated as a games liaison) to be the
15     primary point of contact for the State to the candidate
16     city and the OCOG for purposes of intergovernmental
17     coordination in connection with the games;
18         (4) guarantees the State's respect of the Olympic
19     Charter and the Host City Contract promulgated by the IOC;
20         (5) agrees that all representations, warranties, and
21     covenants set forth in this Article as well as any written
22     commitments made by the State regarding the games shall be
23     binding on the State;
24         (6) guarantees that the State will take all necessary
25     measures in order that it fulfill its obligations

 

 

09600SB2016ham001 - 5 - LRB096 11410 RCE 24010 a

1     completely under this Article and any written commitments
2     made by the State to the IOC;
3         (7) declares and confirms that no other important
4     national or international meeting or event will take place
5     in the vicinity of the venues during the period one week
6     before through one week after the games;
7         (8) guarantees that all construction work necessary
8     for the organization of the games within the State, to the
9     extent permitted or authorized by the State, will comply
10     with (i) local, regional, and national environmental
11     regulations and acts and (ii) international agreements and
12     protocols to which the United States is a party regarding
13     planning, construction, and protection of the environment;
14         (9) guarantees that it shall provide or cause to be
15     provided all security, medical, and other
16     government-related services that the State customarily
17     provides for comparable large-scale events and that are
18     necessary for the successful planning, organization, and
19     staging of the portions of the games within the State, at
20     no cost to the OCOG;
21         (10) agrees to take such action as may be required by
22     law, and to be effective for the period not later than
23     January 1, 2010 and through the end of the games, to
24     suspend or waive the imposition and collection of fees and
25     charges otherwise imposed and collected by or on behalf of
26     the State for permits and licenses issued to the OCOG

 

 

09600SB2016ham001 - 6 - LRB096 11410 RCE 24010 a

1     applicable to the design, development, construction, and
2     operation or use of the venues and properties related to
3     the games;
4         (11) agrees to cooperate with the candidate city, the
5     bid committee and the OCOG, as well as local, regional, and
6     national business, trade, and service organizations in
7     order to promote and encourage, to the extent permitted by
8     law, the charging of ordinary and customary prices for
9     goods and services associated with the games within the
10     State (including, but not limited to, hotel rates,
11     restaurants, and related services) for anyone attending
12     the games, including non-accredited spectators;
13         (12) agrees that, if requested by the candidate city,
14     the bid committee, or the OCOG, it shall permit any member
15     of the General Assembly to introduce legislation necessary
16     to: (i) effectively reduce and sanction ambush marketing,
17     (ii) eliminate illegal street vending during the period
18     beginning 2 weeks before the games through the end of the
19     games; and (iii) control advertising space (including, but
20     not limited to, billboards and advertising on public
21     transport) as well as air space and that any such
22     legislation will be introduced as soon as possible but no
23     later than January 1, 2014;
24         (13) agrees that it shall not engage in any marketing,
25     commercial, or signage program in relation to the games
26     without the prior written consent of the IOC;

 

 

09600SB2016ham001 - 7 - LRB096 11410 RCE 24010 a

1         (14) agrees that it shall coordinate and cooperate with
2     the candidate city and the OCOG concerning a "Look of the
3     Games" program;
4         (15) agrees that it will cooperate with the OCOG and
5     the candidate city (including any applicable candidate
6     city commission) in preventing ambush marketing at the
7     games within the State;
8         (16) agrees to enter into a binding option agreement
9     with the bid committee or the OCOG to provide the OCOG with
10     the rights to any and all existing or hereafter developed
11     outdoor commercial advertising space (including
12     billboards) owned or controlled by the State and located
13     within the vicinity of any Olympic properties, which
14     agreement shall provide, among other things, that such
15     advertising space will be available at the OCOG's option
16     for a 12-week period encompassing the games at 2008 best
17     commercial prices adjusted only for inflation;
18         (17) except as may be provided in any other agreement
19     between the State and the candidate city, the bid
20     committee, or the OCOG, agrees to make all of its
21     non-competition and Olympic ancillary properties available
22     at no cost to the OCOG;
23         (18) guarantees that the accessibility standards to be
24     applied for the Paralympic Games shall include the
25     Americans with Disabilities Act, the Fair Housing Act, the
26     Illinois Environmental Barriers Act (and its implementing

 

 

09600SB2016ham001 - 8 - LRB096 11410 RCE 24010 a

1     regulations, the Illinois Accessibility Code), and the
2     Illinois Human Rights Act;
3         (19) shall cooperate with the OCOG to assure that
4     accessibility will be fully integrated into the planning of
5     the Paralympic Games comprising part of the games; and
6         (20) agrees to the formation and authority of the
7     Chicago Olympic Public Safety Command.
8     (b) In the event of a conflict between any provision of
9 this Act and any provision of any written commitments made by
10 the State regarding the games, this Act shall prevail and
11 control as to the State.
12     (c) The bid committee and the OCOG shall provide any
13 information reasonably requested by the State, with copies to
14 the leaders of both houses of the General Assembly, to assist
15 in reviewing the provisions of and performance under this
16 Article.
17     (d) Nothing in this Article shall be construed as impairing
18 the Governor's constitutional authority.
 
19     Section 5-15. State indemnification obligation and net
20 financial deficit.
21     (a) Solely through the funds contained in the Olympic Games
22 and Paralympic Games Trust Fund created by this Article, the
23 State shall be liable to the IOC, the IPC, and the USOC for:
24         (1) the State indemnification obligation; and
25         (2) any net financial deficit.

 

 

09600SB2016ham001 - 9 - LRB096 11410 RCE 24010 a

1     The State's liability for the State indemnification
2 obligation and any net financial deficit shall be subject to
3 the terms of this Section of this Article.
4     (b) The State shall not make any payments with respect to
5 the State indemnification obligation or any net financial
6 deficit until and after (i) all bid committee and all OCOG net
7 operating revenues, surplus, reserves, contingencies,
8 receivables, funds, and other available assets and security
9 have been fully expended and (ii) the candidate city has first
10 paid at least $250,000,000 in the aggregate towards amounts
11 that would give rise to a State indemnification obligation or a
12 net financial deficit payment obligation on the State's part,
13 or both.
14     (c) Any financial commitments of the State under this
15 Section shall be satisfied exclusively by recourse to the
16 Olympic Games and Paralympic Games Trust Fund.
17     (d) Any financial commitments of the State under this
18 Section shall not exceed $250,000,000 in the aggregate.
 
19     Section 5-20. Olympic Games and Paralympic Games Trust
20 Fund.
21     (a) The Olympic Games and Paralympic Games Trust Fund is
22 created as a special fund in the State Treasury.
23     (b) The State may choose to fund the Olympic Games and
24 Paralympic Games Trust Fund in any manner it considers
25 appropriate, and at such time or times the State determines

 

 

09600SB2016ham001 - 10 - LRB096 11410 RCE 24010 a

1 necessary. By the beginning of State fiscal year 2016, the
2 State shall appropriate sums of money to the Olympic Games and
3 Paralympic Games Trust Fund to provide security for the State
4 indemnification obligation and the net financial deficit.
5     (c) The moneys in the Olympic Games and Paralympic Games
6 Trust Fund may be used only for the sole purpose of fulfilling
7 the obligations of the State pursuant to the State
8 indemnification obligation and any net financial deficit. For
9 each dollar that is expended from the Olympic Games and
10 Paralympic Games Trust Fund, the State shall expend an
11 equivalent amount of State funds for road projects outside of
12 the county in which the candidate city is located.
13     (d) No additional State funds shall be deposited into the
14 Olympic Games and Paralympic Games Trust Fund once the Governor
15 determines that the fund has achieved, or is reasonably
16 expected to otherwise accrue, a sufficient balance to provide
17 adequate security, acceptable to the IOC, to demonstrate the
18 State's ability to fulfill its obligations to satisfy the State
19 indemnification obligation and any net financial deficit
20 payment obligation.
21     (e) If the candidate city is selected as the host city for
22 the games, the Olympic Games and Paralympic Games Trust Fund
23 shall be maintained until a determination by the Governor is
24 made that the State's obligations to satisfy the State
25 indemnification obligation and to be liable for any net
26 financial deficit are satisfied and concluded, at which time

 

 

09600SB2016ham001 - 11 - LRB096 11410 RCE 24010 a

1 the fund shall be terminated.
2     (f) Upon the termination of the Olympic Games and
3 Paralympic Games Trust Fund, all sums earmarked, transferred,
4 or contained in the fund, along with any investment earnings
5 retained in the fund, shall immediately revert to the General
6 Revenue Fund.
 
7     Section 5-25. Fund as security; liability. Any moneys
8 deposited, transferred, or otherwise contained in the Olympic
9 Games and Paralympic Games Trust Fund shall be, upon
10 appropriation by the General Assembly, used for the sole
11 purpose of providing adequate security, acceptable to the IOC,
12 to demonstrate the State's ability to satisfy its State
13 indemnification obligation and to be liable for any net
14 financial deficit. The security may be provided by moneys
15 contained in the Fund as provided in Section 5-20, or by
16 insurance coverage, letters of credit, or other acceptable
17 secured instruments purchased or secured by the moneys, or by
18 any combination thereof.
 
19     Section 5-30. Insurance. The bid committee and the OCOG
20 shall list the State and the candidate city as additional
21 insureds on any policy of insurance purchased by the bid
22 committee or the OCOG to be in effect in connection with the
23 preparation for and conduct of the games.
 

 

 

09600SB2016ham001 - 12 - LRB096 11410 RCE 24010 a

1     Section 5-35. Bid committee and OCOG responsibilities. The
2 bid committee and the OCOG may not engage in any conduct that
3 reflects unfavorably upon the State, the candidate city, or the
4 games, or that is contrary to law or to the rules and
5 regulations of the IOC, IPC, or USOC.
 
6     Section 5-40. Authority of the Governor. Subject to the
7 limitations of this Article, including but not limited to those
8 contained in Section 5-15, the Governor, or his or her
9 designee, on behalf of the State, may execute such other
10 agreements or contracts as may be required by the OCOG, the
11 USOC, the IOC, or the IPC in connection with the candidate city
12 and bid committee's bid to host the Games.
 
13     Section 5-42. Diversity program.
14     (a) The OCOG shall establish and maintain a diversity
15 program to ensure non-discrimination in the award of contracts
16 by the OCOG and the administration of those contracts. To the
17 maximum extent permitted by law, the OCOG shall establish goals
18 as part of the program of awarding not less than 25% of the
19 annual dollar value of all contracts, purchase orders, or other
20 agreements (collectively referred to as "the contracts") to
21 minority owned businesses or businesses owned by a person with
22 a disability, and 5% of the annual dollar value of the
23 contracts to female owned businesses. The subject of the
24 contracts includes, but is not limited to, the purchase of

 

 

09600SB2016ham001 - 13 - LRB096 11410 RCE 24010 a

1 professional services, construction services, supplies,
2 materials, and equipment. Recognizing that the planning,
3 organization, and staging of the games is a unique undertaking,
4 the goals established in this subsection shall exclude: all
5 contracts, purchase orders, or other agreements that (i) must
6 be awarded to a specific source as a result of the OCOG's legal
7 obligations to the USOC or IOC or its official tier 1, tier 2
8 or tier 3 sponsors, (ii) the OCOG awards to a unique or limited
9 supplier of a product, equipment, or service required for the
10 games, and (iii) the payments under which are passed through to
11 other constituencies involved in or attending the games (such
12 as under the games accommodation program). If, however, the
13 OCOG awards any contracts, purchase orders, or other agreements
14 described in items (i) through (iii) to a minority-owned
15 business, business owned by a person with a disability, or a
16 female-owned business, those contracts shall be considered
17 towards the goals described in this subsection.
18     (b) For purposes of this Section, the terms "minority owned
19 business", "business owned by a person with a disability", and
20 "female owned business" have the meanings given to those terms
21 in the Business Enterprise for Minorities, Females, and Persons
22 with Disabilities Act. For purposes of meeting the goals of
23 this Section, the State shall recognize OCOG contracts
24 performed in the candidate city that are awarded to
25 minority-owned business enterprises, business enterprises
26 owned by persons with disabilities, or women-owned business

 

 

09600SB2016ham001 - 14 - LRB096 11410 RCE 24010 a

1 enterprises, as those terms are defined in the municipal code
2 of the candidate city.
3     (c) The OCOG shall establish and maintain a diversity
4 program designed to promote equal employment opportunity with
5 respect to its management and operations. The program shall
6 include a plan, including timetables, as appropriate, that
7 specify goals and methods for increasing participation by
8 women, minorities, and persons with disabilities in those
9 employment opportunities.
10     (d) Beginning on January 1, 2011, and each year thereafter
11 until the completion of the games, the OCOG shall issue a
12 written report to the Governor, President of the Senate,
13 Minority Leader of the Senate, Speaker of the House of
14 Representatives, Minority Leader of the House of
15 Representatives, mayor of the candidate city, and city council
16 of the candidate city providing the number of respective
17 employees who have designated themselves as members of a
18 minority group, as persons with a disability, or as women. The
19 report shall also describe in detail the OCOG's compliance with
20 the requirements of subsections (a) and (b) of this Section.
21     (e) The Diversity Program Commission is created to monitor,
22 review, and report on minority, female, and persons with
23 disabilities contracting and employment related to the
24 planning, organization, and staging of the games. The
25 Commission shall consist of 2 members appointed by the
26 Governor, 2 members appointed by the President of the Senate, 2

 

 

09600SB2016ham001 - 15 - LRB096 11410 RCE 24010 a

1 members appointed by the Minority Leader of the Senate, 2
2 members appointed by the Speaker of the House of
3 Representatives, 2 members appointed by the Minority Leader of
4 the House of Representatives, 5 members appointed by the mayor
5 of the candidate city, 5 representatives of the OCOG's outreach
6 advisory council appointed by the mayor of the candidate city,
7 one member appointed by the Metropolitan Pier and Exposition
8 Authority Board, one member appointed by the Board of Trustees
9 of the University of Illinois, and one member appointed by the
10 Board of Commissioners of the Chicago Park District. All
11 appointments shall be made by January 1, 2011. Beginning on
12 January 1, 2012, and each year thereafter until the completion
13 of the games, the Commission shall file a written report with
14 the OCOG, the General Assembly, the Governor, the mayor of the
15 candidate city, and the city council of the candidate city
16 regarding compliance with the diversity requirements of this
17 Article. The Commission may file a supplemental reports at any
18 time. The Commission shall elect its own chairperson, and
19 Commission members shall serve without compensation.
20     The Commission shall meet quarterly and as needed. The
21 Commission shall also meet within one week after the issuance
22 of the reports required under this subsection to, among other
23 things, discuss whether or not: (i) the OCOG is in compliance
24 with the requirements of this Section; (ii) the Metropolitan
25 Pier and Exposition Authority is in compliance with Section
26 23.1 of the Metropolitan Pier and Exposition Authority Act as

 

 

09600SB2016ham001 - 16 - LRB096 11410 RCE 24010 a

1 amended in this Article; (iii) the University of Illinois is in
2 compliance with Section 4 of the Business Enterprise for
3 Minorities, Females, and Persons with Disabilities Act and
4 Section 1.1 of the University of Illinois at Chicago Act as
5 amended in this Article; and (iv) the Chicago Park District is
6 in compliance with Section 7.07 of the Chicago Park District
7 Act as amended in this Article.
8     The Commission shall include in any report required under
9 this subsection, among other things: (i) a list that sets forth
10 each person or entity awarded a contract by the OCOG, the
11 Metropolitan Pier and Exposition Authority, the University of
12 Illinois, and the Chicago Park District the name, address,
13 contact information, and total dollar amount of the contract or
14 contracts; and (ii) a determination of whether the OCOG, the
15 Metropolitan Pier and Exposition Authority, the University of
16 Illinois, and the Chicago Park District are in compliance with
17 their respective obligations. If in any reporting period the
18 OCOG, the Metropolitan Pier and Exposition Authority, the
19 University of Illinois, or the Chicago Park District is not in
20 compliance with its respective obligations, then each that is
21 not in compliance shall file with the Commission within 14
22 business days a written explanation setting forth the reason or
23 reasons for noncompliance. The Commission shall then meet
24 within one week after receiving the written explanations to
25 discuss the stated reason or reasons for noncompliance.
26     The OCOG, the Metropolitan Pier and Exposition Authority,

 

 

09600SB2016ham001 - 17 - LRB096 11410 RCE 24010 a

1 the University of Illinois, and the Chicago Park District shall
2 cooperate with the Commission and provide the Commission with
3 requested information, unless disclosure is prohibited by law.
 
4     Section 5-45. Inoperability.
5     (a) If the candidate city terminates its candidacy to
6 become the host city for the games, then this Article is
7 inoperable upon that termination.
8     (b) If the IOC does not select the candidate city as the
9 host city for the games on or before December 1, 2009, then
10 this Article is inoperable on and after that date.
 
11     Section 5-95. The State Finance Act is amended by adding
12 Sections 5.719 and 6z-80 as follows:
 
13     (30 ILCS 105/5.719 new)
14     Sec. 5.719. The Olympic Games and Paralympic Games Trust
15 Fund.
 
16     (30 ILCS 105/6z-80 new)
17     Sec. 6z-80. Appropriations from the Olympic Games and
18 Paralympic Games Trust Fund. The Olympic Games and Paralympic
19 Games Trust Fund is created as a special fund in the State
20 treasury. Subject to appropriation, all money in the Olympic
21 Games and Paralympic Games Trust Fund must be used to make
22 payments required under the Olympic Games and Paralympic Games

 

 

09600SB2016ham001 - 18 - LRB096 11410 RCE 24010 a

1 (2016) Law.
 
2     Section 5-96. The Business Enterprise for Minorities,
3 Females, and Persons with Disabilities Act is amended by
4 changing Section 4 as follows:
 
5     (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
6     (Section scheduled to be repealed on June 30, 2010)
7     Sec. 4. Award of State contracts.
8     (a) Except as provided in subsections subsection (b) and
9 (c), not less than 12% of the total dollar amount of State
10 contracts, as defined by the Secretary of the Council and
11 approved by the Council, shall be established as a goal to be
12 awarded to businesses owned by minorities, females, and persons
13 with disabilities; provided, however, that contracts
14 representing at least five-twelfths of the total amount of all
15 State contracts awarded to businesses owned by minorities,
16 females, and persons with disabilities pursuant to this Section
17 shall be awarded to female owned businesses, and that contracts
18 representing at least one-sixth of the total amount of all
19 State contracts awarded to businesses owned by minorities,
20 females, and persons with disabilities pursuant to this Section
21 shall be awarded to businesses owned by persons with
22 disabilities.
23     The above percentage relates to the total dollar amount of
24 State contracts during each State fiscal year, calculated by

 

 

09600SB2016ham001 - 19 - LRB096 11410 RCE 24010 a

1 examining independently each type of contract for each agency
2 or university which lets such contracts. Only that percentage
3 of arrangements which represents the participation of
4 businesses owned by minorities, females, and persons with
5 disabilities on such contracts shall be included.
6     (b) In the case of State construction contracts, the
7 provisions of subsection (a) requiring a portion of State
8 contracts to be awarded to businesses owned and controlled by
9 persons with disabilities do not apply. Not less than 10% of
10 the total dollar amount of State construction contracts is
11 established as a goal to be awarded to minority and female
12 owned businesses, and contracts representing 50% of the amount
13 of all State construction contracts awarded to minority and
14 female owned businesses shall be awarded to female owned
15 businesses.
16     (c) In the case of all work undertaken by the University of
17 Illinois related to the planning, organization, and staging of
18 the games, the University of Illinois shall establish a goal of
19 awarding not less than 25% of the annual dollar value of all
20 contracts, purchase orders, and other agreements (collectively
21 referred to as "the contracts") to minority-owned businesses or
22 businesses owned by a person with a disability and 5% of the
23 annual dollar value the contracts to female-owned businesses.
24 For purposes of this subsection, the term "games" has the
25 meaning set forth in the Olympic Games and Paralympic Games
26 (2016) Law.

 

 

09600SB2016ham001 - 20 - LRB096 11410 RCE 24010 a

1 (Source: P.A. 87-701; 88-597, eff. 8-28-94.)
 
2     Section 5-97. The State Mandates Act is amended by adding
3 Section 8.33 as follows:
 
4     (30 ILCS 805/8.33 new)
5     Sec. 8.33. Exempt mandate. Notwithstanding the provisions
6 of Sections 6 and 8 of this Act, no reimbursement by the State
7 is required for the implementation of Section 5-42 of the
8 Olympic Games and Paralympic Games (2016) Law.
 
9     Section 95-98. The Metropolitan Pier and Exposition
10 Authority Act is amended by changing Section 23.1 as follows:
 
11     (70 ILCS 210/23.1)  (from Ch. 85, par. 1243.1)
12     Sec. 23.1. Affirmative action.
13     (a) The Authority shall, within 90 days after the effective
14 date of this amendatory Act of 1984, establish and maintain an
15 affirmative action program designed to promote equal
16 employment opportunity and eliminate the effects of past
17 discrimination. Such program shall include a plan, including
18 timetables where appropriate, which shall specify goals and
19 methods for increasing participation by women and minorities in
20 employment, including employment related to the planning,
21 organization, and staging of the games, by the Authority and by
22 parties which contract with the Authority. The Authority shall

 

 

09600SB2016ham001 - 21 - LRB096 11410 RCE 24010 a

1 submit a detailed plan with the General Assembly prior to
2 September 1 of each year. Such program shall also establish
3 procedures and sanctions (including debarment), which the
4 Authority shall enforce to ensure compliance with the plan
5 established pursuant to this Section and with State and federal
6 laws and regulations relating to the employment of women and
7 minorities. A determination by the Authority as to whether a
8 party to a contract with the Authority has achieved the goals
9 or employed the methods for increasing participation by women
10 and minorities shall be determined in accordance with the terms
11 of such contracts or the applicable provisions of rules and
12 regulations of the Authority existing at the time such contract
13 was executed, including any provisions for consideration of
14 good faith efforts at compliance which the Authority may
15 reasonably adopt.
16     (b) The Authority shall adopt and maintain minority and
17 female owned business enterprise procurement programs under
18 the affirmative action program described in subsection (a) for
19 any and all work, including all contracting related to the
20 planning, organization, and staging of the games, undertaken by
21 the Authority. That work shall include, but is not limited to,
22 the purchase of professional services, construction services,
23 supplies, materials, and equipment. The programs shall
24 establish goals of awarding not less than 25% of the annual
25 dollar value of all contracts, purchase orders, or other
26 agreements (collectively referred to as "contracts") to

 

 

09600SB2016ham001 - 22 - LRB096 11410 RCE 24010 a

1 minority owned businesses and 5% of the annual dollar value of
2 all contracts to female owned businesses. Without limiting the
3 generality of the foregoing, the programs shall require in
4 connection with the prequalification or consideration of
5 vendors for professional service contracts, construction
6 contracts, and contracts for supplies, materials, equipment,
7 and services that each proposer or bidder submit as part of his
8 or her proposal or bid a commitment detailing how he or she
9 will expend 25% or more of the dollar value of his or her
10 contracts with one or more minority owned businesses and 5% or
11 more of the dollar value with one or more female owned
12 businesses. Bids or proposals that do not include such detailed
13 commitments are not responsive and shall be rejected unless the
14 Authority deems it appropriate to grant a waiver of these
15 requirements. In addition the Authority may, in connection with
16 the selection of providers of professional services, reserve
17 the right to select a minority or female owned business or
18 businesses to fulfill the commitment to minority and female
19 business participation. The commitment to minority and female
20 business participation may be met by the contractor or
21 professional service provider's status as a minority or female
22 owned business, by joint venture or by subcontracting a portion
23 of the work with or purchasing materials for the work from one
24 or more such businesses, or by any combination thereof. Each
25 contract shall require the contractor or provider to submit a
26 certified monthly report detailing the status of that

 

 

09600SB2016ham001 - 23 - LRB096 11410 RCE 24010 a

1 contractor or provider's compliance with the Authority's
2 minority and female owned business enterprise procurement
3 program. The Authority, after reviewing the monthly reports of
4 the contractors and providers, shall compile a comprehensive
5 report regarding compliance with this procurement program and
6 file it quarterly with the General Assembly. If, in connection
7 with a particular contract, the Authority determines that it is
8 impracticable or excessively costly to obtain minority or
9 female owned businesses to perform sufficient work to fulfill
10 the commitment required by this subsection, the Authority shall
11 reduce or waive the commitment in the contract, as may be
12 appropriate. The Authority shall establish rules and
13 regulations setting forth the standards to be used in
14 determining whether or not a reduction or waiver is
15 appropriate. The terms "minority owned business" and "female
16 owned business" have the meanings given to those terms in the
17 Business Enterprise for Minorities, Females, and Persons with
18 Disabilities Act.
19     (c) The Authority shall adopt and maintain an affirmative
20 action program in connection with the hiring of minorities and
21 women on the Expansion Project and on any and all construction
22 projects, including all contracting related to the planning,
23 organization, and staging of the games, undertaken by the
24 Authority. The program shall be designed to promote equal
25 employment opportunity and shall specify the goals and methods
26 for increasing the participation of minorities and women in a

 

 

09600SB2016ham001 - 24 - LRB096 11410 RCE 24010 a

1 representative mix of job classifications required to perform
2 the respective contracts awarded by the Authority.
3     (d) In connection with the Expansion Project, the Authority
4 shall incorporate the following elements into its minority and
5 female owned business procurement programs to the extent
6 feasible: (1) a major contractors program that permits minority
7 owned businesses and female owned businesses to bear
8 significant responsibility and risk for a portion of the
9 project; (2) a mentor/protege program that provides financial,
10 technical, managerial, equipment, and personnel support to
11 minority owned businesses and female owned businesses; (3) an
12 emerging firms program that includes minority owned businesses
13 and female owned businesses that would not otherwise qualify
14 for the project due to inexperience or limited resources; (4) a
15 small projects program that includes participation by smaller
16 minority owned businesses and female owned businesses on jobs
17 where the total dollar value is $5,000,000 or less; and (5) a
18 set-aside program that will identify contracts requiring the
19 expenditure of funds less than $50,000 for bids to be submitted
20 solely by minority owned businesses and female owned
21 businesses.
22     (e) The Authority is authorized to enter into agreements
23 with contractors' associations, labor unions, and the
24 contractors working on the Expansion Project to establish an
25 Apprenticeship Preparedness Training Program to provide for an
26 increase in the number of minority and female journeymen and

 

 

09600SB2016ham001 - 25 - LRB096 11410 RCE 24010 a

1 apprentices in the building trades and to enter into agreements
2 with Community College District 508 to provide readiness
3 training. The Authority is further authorized to enter into
4 contracts with public and private educational institutions and
5 persons in the hospitality industry to provide training for
6 employment in the hospitality industry.
7     (f) McCormick Place Advisory Board. There is created a
8 McCormick Place Advisory Board composed as follows: 2 members
9 shall be appointed by the Mayor of Chicago; 2 members shall be
10 appointed by the Governor; 2 members shall be State Senators
11 appointed by the President of the Senate; 2 members shall be
12 State Senators appointed by the Minority Leader of the Senate;
13 2 members shall be State Representatives appointed by the
14 Speaker of the House of Representatives; and 2 members shall be
15 State Representatives appointed by the Minority Leader of the
16 House of Representatives. The terms of all previously appointed
17 members of the Advisory Board expire on the effective date of
18 this amendatory Act of the 92nd General Assembly. A State
19 Senator or State Representative member may appoint a designee
20 to serve on the McCormick Place Advisory Board in his or her
21 absence.
22     A "member of a minority group" shall mean a person who is a
23 citizen or lawful permanent resident of the United States and
24 who is
25         (1) Black (a person having origins in any of the black
26     racial groups in Africa);

 

 

09600SB2016ham001 - 26 - LRB096 11410 RCE 24010 a

1         (2) Hispanic (a person of Spanish or Portuguese culture
2     with origins in Mexico, South or Central America, or the
3     Caribbean Islands, regardless of race);
4         (3) Asian American (a person having origins in any of
5     the original peoples of the Far East, Southeast Asia, the
6     Indian Subcontinent, or the Pacific Islands); or
7         (4) American Indian or Alaskan Native (a person having
8     origins in any of the original peoples of North America).
9     Members of the McCormick Place Advisory Board shall serve
10 2-year terms and until their successors are appointed, except
11 members who serve as a result of their elected position whose
12 terms shall continue as long as they hold their designated
13 elected positions. Vacancies shall be filled by appointment for
14 the unexpired term in the same manner as original appointments
15 are made. The McCormick Place Advisory Board shall elect its
16 own chairperson.
17     Members of the McCormick Place Advisory Board shall serve
18 without compensation but, at the Authority's discretion, shall
19 be reimbursed for necessary expenses in connection with the
20 performance of their duties.
21     The McCormick Place Advisory Board shall meet quarterly, or
22 as needed, shall produce any reports it deems necessary, and
23 shall:
24         (1) Work with the Authority on ways to improve the area
25     physically and economically;
26         (2) Work with the Authority regarding potential means

 

 

09600SB2016ham001 - 27 - LRB096 11410 RCE 24010 a

1     for providing increased economic opportunities to
2     minorities and women produced indirectly or directly from
3     the construction and operation of the Expansion Project;
4         (3) Work with the Authority to minimize any potential
5     impact on the area surrounding the McCormick Place
6     Expansion Project, including any impact on minority or
7     female owned businesses, resulting from the construction
8     and operation of the Expansion Project;
9         (4) Work with the Authority to find candidates for
10     building trades apprenticeships, for employment in the
11     hospitality industry, and to identify job training
12     programs;
13         (5) Work with the Authority to implement the provisions
14     of subsections (a) through (e) of this Section in the
15     construction of the Expansion Project, including the
16     Authority's goal of awarding not less than 25% and 5% of
17     the annual dollar value of contracts to minority and female
18     owned businesses, the outreach program for minorities and
19     women, and the mentor/protege program for providing
20     assistance to minority and female owned businesses.
21     (g) The Authority shall comply with subsection (e) of
22 Section 5-42 of the Olympic Games and Paralympic Games (2016)
23 Law. For purposes of this Section, the term "games" has the
24 meaning set forth in the Olympic Games and Paralympic Games
25 (2016) Law.
26 (Source: P.A. 91-422, eff. 1-1-00; 92-16, eff. 6-28-01; 92-208,

 

 

09600SB2016ham001 - 28 - LRB096 11410 RCE 24010 a

1 eff. 8-2-01.)
 
2     Section 95-99. The Chicago Park District Act is amended by
3 adding Section 7.07 as follows:
 
4     (70 ILCS 1505/7.07 new)
5     Sec. 7.07. Olympic and paralympic games; contracts and
6 employment.
7     (a) All contracting and employment related to the planning,
8 organization, and staging of the games shall be subject to all
9 applicable ordinances contained in the Code of the Chicago Park
10 District, including but not limited to Chapter I (General
11 Provisions and Definitions), Chapter IV (Human Rights),
12 Chapter V (Personnel), and Chapter XI (Purchasing and
13 Contracting).
14     (b) The Chicago Park District shall comply with subsection
15 (e) of Section 5-42 of the Olympic Games and Paralympic Games
16 (2016) Law.
17     (c) 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     Section 95-100. The University of Illinois at Chicago Act
21 is amended by adding Section 1.1 as follows:
 
22     (110 ILCS 320/1.1 new)

 

 

09600SB2016ham001 - 29 - LRB096 11410 RCE 24010 a

1     Sec. 1.1. Olympic and paralympic games; contracting and
2 employment.
3     (a) All contracting and employment related to the planning,
4 organization, and staging of the games shall be subject to all
5 applicable laws, policies, and statements, including but not
6 limited to Section 4 of the Business Enterprise for Minorities,
7 Females, and Persons with Disabilities Act and the Statement of
8 Reaffirmation, Affirmative Action in Employment, University of
9 Illinois at Chicago, June 2008. The University shall comply
10 with subsection (e) of Section 5-42 of the Olympic Games and
11 Paralympic Games (2016) Law.
12     (b) For purposes of this Section, the term "games" has the
13 meaning set forth in the Olympic Games and Paralympic Games
14 (2016) Law.
 
15
ARTICLE 10.

 
16     Section 10-1. Article title. This Article may be cited as
17 the Olympic Public Safety Law.
 
18     Section 10-5. Purpose. As part of the bid to host the 2016
19 Olympic and Paralympic Games in Chicago, this Article provides
20 for the creation of a commission, known as the Chicago Olympic
21 Public Safety Command, or COPSC, that will engage in security
22 and public safety planning, management, and administration if
23 Chicago is selected as the host city for the 2016 Olympic and

 

 

09600SB2016ham001 - 30 - LRB096 11410 RCE 24010 a

1 Paralympic Games. In the event of such selection, it is
2 intended that COPSC will contribute to the achievement of the
3 following objectives: foster the intergovernmental cooperation
4 of local, State, and federal public safety agencies in
5 providing for the public safety of the Olympic and Paralympic
6 Games; develop a comprehensive security and public safety plan;
7 create a unified chain of command; and implement an effective
8 and efficient public safety and security operation that does
9 not compromise the celebratory spirit of the Olympic and
10 Paralympic Games.
 
11     Section 10-10. Definitions. As used in this Article:
12     "Chicago 2016" means Chicago 2016, an Illinois
13 not-for-profit corporation formed to bid for the opportunity of
14 hosting the Olympic and Paralympic Games, or as the context
15 requires, a successor in interest to Chicago 2016, such as an
16 organizing committee for the Olympic and Paralympic Games
17 formed after the selection of Chicago as the host city for that
18 event.
19     "COPSC" means the Chicago Olympic Public Safety Command
20 contemplated in Section 10-15.
21     "COPSC Chairperson" means the Chairperson of COPSC.
22     "ESG" means Executive Strategy Group of COPSC.
23     "Law enforcement and public safety services" includes
24 programs and services to, among other things:
25         (1) provide for crowd and traffic safety;

 

 

09600SB2016ham001 - 31 - LRB096 11410 RCE 24010 a

1         (2) suppress or reduce crime;
2         (3) provide for or assist in criminal investigation;
3         (4) provide forensic, communications, and records
4     support services;
5         (5) facilitate intelligence and information sharing
6     among federal, State, and local authorities and with
7     relevant private sector participants;
8         (6) deter and disrupt terrorism activity related to the
9     Olympic and Paralympic Games through aggressive
10     investigation and prosecution;
11         (7) assure that the organizational structure and plans
12     exist to effectively prepare for, and respond to, any
13     terrorist incidents or other emergencies in the State
14     related to the Olympic and Paralympic Games; and
15         (8) assure that public safety plans are coordinated and
16     integrated with the operations plans of Chicago 2016 for
17     the Olympic and Paralympic Games.
18     "Local law enforcement agency" means any political
19 subdivision of the State or an agency of a political
20 subdivision that exists primarily to deter and detect crime and
21 enforce criminal laws, statutes, and ordinances.
22     "Local public safety agency" means a political subdivision
23 of the State or an agency of a political subdivision of the
24 State that exists to provide:
25         (1) fire service;
26         (2) emergency medical services; or

 

 

09600SB2016ham001 - 32 - LRB096 11410 RCE 24010 a

1         (3) emergency management and communication.
2     "Olympic and Paralympic Games" means the 2016 Olympic and
3 Paralympic Games that may be hosted by the City of Chicago.
4     "Period of the Olympic and Paralympic Games" means the
5 period commencing 21 days before the opening ceremony of the
6 2016 Olympic Games and concluding 14 days after the closing
7 ceremony of the 2016 Paralympic Games.
8     "State" means the State of Illinois.
9     "State agency" means any department, division, commission,
10 council, board, bureau, committee, institution, government,
11 corporation, or other establishment or official of the State,
12 except the Legislature, and for purposes of this Article
13 includes a State institution of higher education.
14     "State law enforcement agency" means any entity
15 administered by the State that exists primarily to deter and
16 detect crime and enforce criminal laws, statutes, and
17 ordinances.
18     "State public safety agency" means an entity administered
19 by the State that exists to provide:
20         (1) fire service;
21         (2) emergency medical services; or
22         (3) emergency management and communication.
23     "Venue Commander" means a person who shall direct and
24 coordinate law enforcement and public safety personnel and
25 responsibilities at a designated Olympic venue during the
26 period of the Olympic and Paralympic Games, as set forth in

 

 

09600SB2016ham001 - 33 - LRB096 11410 RCE 24010 a

1 this Article.
 
2     Section 10-15. Chicago Olympic Public Safety Command.
3     (a) If the International Olympic Committee selects the City
4 of Chicago to host the Olympic and Paralympic Games, then the
5 Chicago Olympic Public Safety Command (COPSC) shall be
6 established.
7     (b) The policymaking responsibility of COPSC shall be
8 vested in ESG.
9     (c) ESG shall consist of the following initial members:
10         (1) the COPSC Chairperson;
11         (2) the Executive Director of COPSC (non-voting
12     member);
13         (3) the Commissioner of the Chicago Fire Department;
14         (4) a representative of Chicago 2016 appointed by the
15     COPSC Chairperson;
16         (5) the Executive Director for the Office of Emergency
17     Management and Communications of the City of Chicago;
18         (6) the Special Agent-In-Charge of the Chicago
19     Division of the United States Federal Bureau of
20     Investigation, or other representative designated by the
21     United States Federal Bureau of Investigation;
22         (7) the Special Agent-In-Charge of the Chicago
23     Division of the United States Secret Service, or other
24     representative designated by the United States Secret
25     Service;

 

 

09600SB2016ham001 - 34 - LRB096 11410 RCE 24010 a

1         (8) the Regional Director for the Federal Emergency
2     Management Agency;
3         (9) a representative appointed by the Director of the
4     Illinois State Police; and
5         (10) the Superintendent of the Chicago Police
6     Department, if the COPSC Chairperson is someone other than
7     the Superintendent of the Chicago Police Department.
8     (d) Each member of COPSC, including those of ESG and the
9 Executive Director of COPSC, shall serve without additional
10 compensation from the State of Illinois.
11     (e) The COPSC Chairperson shall be the Superintendent of
12 the Chicago Police Department, or such other suitably qualified
13 person appointed by the Mayor of the City of Chicago. The COPSC
14 Chairperson shall chair COPSC and ESG and shall call meetings
15 of each from time to time in furtherance of the purposes of
16 this Article. A majority of the members of ESG constitutes a
17 quorum for the transaction of business. All members of ESG
18 other than the Executive Director of COPSC shall be voting
19 members, and the action of a majority of a quorum of ESG shall
20 constitute the action of ESG.
21     (f) The COPSC Chairperson may appoint additional members of
22 ESG at a properly constituted meeting of ESG, but each such
23 appointment shall be subject to written consent by a majority
24 of the other members of ESG present at the same or a subsequent
25 properly constituted meeting of ESG.
26     (g) ESG shall establish a strategic plan for law

 

 

09600SB2016ham001 - 35 - LRB096 11410 RCE 24010 a

1 enforcement and public safety services related to the Olympic
2 and Paralympic Games, including the coordination of personnel
3 and resources of State, local, and federal law enforcement and
4 public safety agencies.
5     (h) ESG shall define the composition, organizational
6 structure, and high-level administrative policies of COPSC.
7     (i) COPSC shall:
8         (1) in furtherance of the strategic plan developed by
9     ESG, and in consultation with State, local, and federal law
10     enforcement and public safety agencies, establish a
11     detailed plan for law enforcement and public safety
12     services related to the Olympic and Paralympic Games,
13     including the coordination of personnel and resources of
14     State, local, and federal law enforcement and public safety
15     agencies;
16         (2) develop any policies necessary to inform and direct
17     COPSC in the implementation of that plan;
18         (3) amend that plan to promote the effective,
19     efficient, and cooperative implementation of the plan and
20     the preservation of public safety;
21         (4) integrate that plan with the operations plans of
22     Chicago 2016 for the Olympic and Paralympic Games; and
23         (5) perform such other functions as directed by the
24     COPSC Chairperson or ESG, consistent with the purposes of
25     this Article.
26     (j) All State and local law enforcement and public safety

 

 

09600SB2016ham001 - 36 - LRB096 11410 RCE 24010 a

1 agencies shall cooperate with the planning and coordination
2 efforts of COPSC, as requested by COPSC and subject to
3 applicable law. COPSC shall, unless it relinquishes such
4 authority in whole or part, and subject to applicable superior
5 federal law or authority, have primary responsibility for law
6 enforcement and public safety services at each Olympic venue in
7 the State (including an area extending up to approximately 300
8 yards from the secure perimeter of each Olympic site, as
9 defined and promulgated by COPSC) during the period of the
10 Olympic and Paralympic Games. Designated Venue Commanders at
11 each such Olympic venue shall direct and coordinate on-scene
12 law enforcement and public safety personnel and
13 responsibilities and shall be managed by the COPSC Chairperson
14 or his or her designee.
 
15     Section 10-20. COPSC Chairperson; Venue Commanders.
16     (a) The COPSC Chairperson shall appoint qualified
17 individuals to serve as Venue Commanders at Olympic venues
18 during the period of the Olympic and Paralympic Games.
19     (b) The COPSC Chairperson shall coordinate law enforcement
20 and public safety agency activities during the Olympic and
21 Paralympic Games with respect to Olympic venues and events, and
22 shall direct the execution of the plan established by COPSC.
 
23     Section 10-25. Executive Director of COPSC.
24     (a) The COPSC Chairperson shall appoint a representative of

 

 

09600SB2016ham001 - 37 - LRB096 11410 RCE 24010 a

1 Chicago 2016 as the Executive Director of COPSC.
2     (b) The Executive Director of COPSC shall report to the
3 COPSC Chairperson and manage the day-to-day activities of
4 COPSC.
 
5     Section 10-30. Deputization. COPSC may enter into
6 agreements with political subdivisions of the State and with
7 other states, regional authorities, and the federal
8 Government. Pursuant to these agreements, the COPSC
9 Chairperson may deputize or otherwise designate qualified law
10 enforcement personnel from those other governmental units to
11 assist COPSC in performing specifically described activities
12 under this Article during the period of the Olympic and
13 Paralympic Games. Those deputized or designated persons shall
14 have the status of a peace officer in the State during the
15 period of the Olympic and Paralympic Games, and shall have all
16 the powers possessed by policemen in cities and by sheriffs,
17 including the power to make arrests for violations of State
18 statutes or municipal or county ordinances, except that those
19 powers (i) may be exercised only within the geographic areas
20 affirmatively authorized in writing by the COPSC Chairperson
21 and (ii) may be otherwise restricted or limited by the COPSC
22 Chairperson in that writing. Any authorization for
23 deputization or designation pursuant to this subsection shall
24 be made in writing, and should be carried by each such
25 deputized or designated person (or kept in reasonable proximity

 

 

09600SB2016ham001 - 38 - LRB096 11410 RCE 24010 a

1 thereto) and produced upon demand by another peace officer.
 
2     Section 10-35. Inoperability. This Article shall be
3 inoperable as follows:
4     (a) if the City of Chicago terminates its candidacy to
5 become the host city for the Olympic and Paralympic Games, then
6 this Article is inoperable upon that termination;
7     (b) if the International Olympic Committee does not select
8 the City of Chicago as of the host city for the Olympic and
9 Paralympic Games on or before December 1, 2009, then this
10 Article is inoperable on and after that date; or
11     (c) if the City of Chicago is chosen as the host city for
12 the Olympic and Paralympic Games on or before December 1, 2009,
13 then this Article is inoperable on and after June 30, 2017.
 
14
ARTICLE 15.

 
15     Section 15-1. Article title. This Article may be cited as
16 the Olympic and Paralympic Trademark Protection Law.
 
17     Section 15-5. Purpose. As part of the bid of Chicago 2016,
18 an Illinois not-for-profit corporation, and the City of Chicago
19 to host the 2016 Olympic and Paralympic Games in Chicago, this
20 Article provides for additional protection for trademarks used
21 by or reserved for exclusive use by the United States Olympic
22 Committee and Chicago 2016 and its successor organizing

 

 

09600SB2016ham001 - 39 - LRB096 11410 RCE 24010 a

1 committee for the Games (the OCOG) in the marketing, promotion,
2 and operation of such Games. This Article amends the Trademark
3 Registration and Protection Act to: prohibit any third party
4 from registering trade names or trademarks used by the USOC,
5 Chicago 2016, or the OCOG; protect against infringement of
6 Olympic trademarks; and provide the USOC, Chicago 2016, and the
7 OCOG, with exclusive rights to use certain words, emblems,
8 slogans, mascots, and symbols for the Games, and the ability to
9 enforce those rights against others who use them in commerce,
10 including in Circuit Court in Cook County. This Article also
11 amends the Business Corporation Act of 1983, the General Not
12 For Profit Corporation Act of 1986, and the Limited Liability
13 Company Act to prohibit registration of business names
14 featuring certain Olympic trademarks from and after the
15 effective date of this Article.
 
16     Section 15-10. The Trademark Registration and Protection
17 Act is amended by changing Section 10 and by adding Section 62
18 as follows:
 
19     (765 ILCS 1036/10)
20     Sec. 10. Registrability. A mark by which the goods or
21 services of an applicant for registration may be distinguished
22 from the goods or services of others shall not be registered if
23 it:
24     (a) consists of or comprises immoral, deceptive, or

 

 

09600SB2016ham001 - 40 - LRB096 11410 RCE 24010 a

1 scandalous matter; or
2     (b) consists of or comprises matter that may disparage or
3 falsely suggest a connection with persons, living or dead,
4 institutions, beliefs, or national symbols, or bring them into
5 contempt, or disrepute; or
6     (c) consists of or comprises the flag or coat of arms or
7 other insignia of the United States, or of any state or
8 municipality, or of any foreign nation, or any simulation
9 thereof; or
10     (d) consists of or comprises the name, signature or
11 portrait identifying a particular living individual, except by
12 the individual's written consent; or
13     (e) consists of a mark which: (1) when used on or in
14 connection with the goods or services of the applicant, is
15 merely descriptive or deceptively misdescriptive of them, or
16 (2) when used on or in connection with the goods or services of
17 the applicant is primarily geographically descriptive or
18 deceptively misdescriptive of them, or (3) is primarily merely
19 a surname; however, nothing in this subsection (e) shall
20 prevent the registration of a mark used by the applicant which
21 has become distinctive of the applicant's goods or services.
22 The Secretary may accept as evidence that the mark has become
23 distinctive, as used on or in connection with the applicant's
24 goods or services, proof of continuous use thereof as a mark by
25 the applicant in this State for the 5 years before the date on
26 which the claim of distinctiveness is made; or

 

 

09600SB2016ham001 - 41 - LRB096 11410 RCE 24010 a

1     (f) consists of or comprises a mark which so resembles a
2 mark registered in this State of a mark of tradename previously
3 used by another and not abandoned, as to be likely, when used
4 on or in connection with the goods or services of the
5 applicant, to cause confusion or mistake or to deceive; or .
6     (g) without the consent of the United States Olympic
7 Committee:
8         (1) contains or consists of the symbol of the
9     International Olympic Committee, consisting of 5
10     interlocking rings, or the symbol of the International
11     Paralympic Committee;
12         (2) contains or consists of the terms "Olympic",
13     "Olympiad", "Paralympic", "Paralympiad", "Citius Altius
14     Fortius", or "Chicago 2016"; or
15         (3) is substantially identical to any other mark or
16     trade name used by the International Olympic Committee, the
17     International Paralympic Committee, the United States
18     Olympic Committee, or Chicago 2016 or its successor
19     organizing committee for the 2016 Olympic and Paralympic
20     Games.
21 (Source: P.A. 90-231, eff. 1-1-98.)
 
22     (765 ILCS 1036/62 new)
23     Sec. 62. Infringement of Olympic marks. Notwithstanding
24 any other Section of this Act:
25     (a) The United States Olympic Committee has the exclusive

 

 

09600SB2016ham001 - 42 - LRB096 11410 RCE 24010 a

1 right to use, and license for use, in this State any of the
2 following:
3         (1) any mark to which the United States Olympic
4     Committee has exclusive rights under 36 U.S.C. 220506;
5         (2) the designations "Chicago 2016", "CHICOG",
6     "Chicago Organizing Committee for the 2016 Olympic and
7     Paralympic Games", "Chicago Olympic Committee" and
8     "Chicago Paralympic Committee";
9         (3) the emblem of Chicago 2016, featuring a stylized
10     design of a 6-pointed star superimposed over vertical
11     stripes, and any other official emblem adopted by Chicago
12     2016;
13         (4) the slogan "Stir the Soul" and any other official
14     slogan adopted by Chicago 2016;
15         (5) any official mascot or mascots adopted by Chicago
16     2016; and
17         (6) the phrases "Chicago Olympic Games", "Chicago
18     Olympics", "Chicago Paralympic Games", and "Chicago
19     Paralympics" and any other official phrase adopted by
20     Chicago 2016.
21     (b) The United States Olympic Committee, Chicago 2016 as
22 designee of the United States Olympic Committee, or both, may
23 file a civil action in the Circuit Court of Cook County, or any
24 other circuit court in the State of Illinois permitted by law,
25 against any person for the remedies provided under Section 70
26 of this Act if the person, without the consent of the United

 

 

09600SB2016ham001 - 43 - LRB096 11410 RCE 24010 a

1 States Olympic Committee or Chicago 2016, uses for the purpose
2 of trade, to induce the sale of any goods or services, or to
3 promote any theatrical exhibition, athletic performance, or
4 competition:
5         (1) any mark registered in Illinois to the United
6     States Olympic Committee or Chicago 2016;
7         (2) any mark referenced in subsection (a) of this
8     Section; or
9         (3) any word, symbol, design, graphic, or image, or
10     combination thereof, tending to cause confusion or
11     mistake, to deceive, or to falsely suggest a connection or
12     association with, or authorization by, the International
13     Olympic Committee, the International Paralympic Committee,
14     the United States Olympic Committee, Chicago 2016, or any
15     Olympic or Paralympic activity.
16     (c) If any provision of this Section or the application
17 thereof to any person or circumstance is held invalid, the
18 invalidity shall not affect other provisions or applications of
19 this Section which can be given effect without the invalid
20 provision, and to this end the provisions of this Section are
21 severable.
22     (d) For the purposes of this Section, references to Chicago
23 2016 include the Illinois not-for-profit corporation of that
24 name and its successor organizing committee for the 2016
25 Olympic and Paralympic Games.
26     (e) Nothing in this Section is intended to limit any rights

 

 

09600SB2016ham001 - 44 - LRB096 11410 RCE 24010 a

1 or remedies provided under the Counterfeit Trademark Act.
 
2     Section 15-15. The Business Corporation Act of 1983 is
3 amended by changing Sections 4.05 and 4.15 as follows:
 
4     (805 ILCS 5/4.05)  (from Ch. 32, par. 4.05)
5     Sec. 4.05. Corporate name of domestic or foreign
6 corporation.
7     (a) The corporate name of a domestic corporation or of a
8 foreign corporation organized, existing or subject to the
9 provisions of this Act:
10         (1) Shall contain, separate and apart from any other
11     word or abbreviation in such name, the word "corporation",
12     "company", "incorporated", or "limited", or an
13     abbreviation of one of such words, and if the name of a
14     foreign corporation does not contain, separate and apart
15     from any other word or abbreviation, one of such words or
16     abbreviations, the corporation shall add at the end of its
17     name, as a separate word or abbreviation, one of such words
18     or an abbreviation of one of such words.
19         (2) Shall not contain any word or phrase which
20     indicates or implies that the corporation (i) is authorized
21     or empowered to conduct the business of insurance,
22     assurance, indemnity, or the acceptance of savings
23     deposits; (ii) is authorized or empowered to conduct the
24     business of banking unless otherwise permitted by the

 

 

09600SB2016ham001 - 45 - LRB096 11410 RCE 24010 a

1     Commissioner of Banks and Real Estate pursuant to Section
2     46 of the Illinois Banking Act; or (iii) is authorized or
3     empowered to be in the business of a corporate fiduciary
4     unless otherwise permitted by the Commissioner of Banks and
5     Real Estate under Section 1-9 of the Corporate Fiduciary
6     Act. The word "trust", "trustee", or "fiduciary" may be
7     used by a corporation only if it has first complied with
8     Section 1-9 of the Corporate Fiduciary Act. The word
9     "bank", "banker" or "banking" may only be used by a
10     corporation if it has first complied with Section 46 of the
11     Illinois Banking Act.
12         (3) Shall be distinguishable upon the records in the
13     office of the Secretary of State from the name or assumed
14     name of any domestic corporation or limited liability
15     company organized under the Limited Liability Company Act,
16     whether profit or not for profit, existing under any Act of
17     this State or of the name or assumed name of any foreign
18     corporation or foreign limited liability company
19     registered under the Limited Liability Company Act,
20     whether profit or not for profit, authorized to transact
21     business in this State, or a name the exclusive right to
22     which is, at the time, reserved or registered in the manner
23     provided in this Act or Section 1-15 of the Limited
24     Liability Company Act, except that, subject to the
25     discretion of the Secretary of State, a foreign corporation
26     that has a name prohibited by this paragraph may be issued

 

 

09600SB2016ham001 - 46 - LRB096 11410 RCE 24010 a

1     a certificate of authority to transact business in this
2     State, if the foreign corporation:
3             (i) Elects to adopt an assumed corporate name or
4         names in accordance with Section 4.15 of this Act; and
5             (ii) Agrees in its application for a certificate of
6         authority to transact business in this State only under
7         such assumed corporate name or names.
8         (4) Shall contain the word "trust", if it be a domestic
9     corporation organized for the purpose of accepting and
10     executing trusts, shall contain the word "pawners", if it
11     be a domestic corporation organized as a pawners' society,
12     and shall contain the word "cooperative", if it be a
13     domestic corporation organized as a cooperative
14     association for pecuniary profit.
15         (5) Shall not contain a word or phrase, or an
16     abbreviation or derivation thereof, the use of which is
17     prohibited or restricted by any other statute of this State
18     unless such restriction has been complied with.
19         (6) Shall consist of letters of the English alphabet,
20     Arabic or Roman numerals, or symbols capable of being
21     readily reproduced by the office of the Secretary of State.
22         (7) Shall be the name under which the corporation shall
23     transact business in this State unless the corporation
24     shall also elect to adopt an assumed corporate name or
25     names as provided in this Act; provided, however, that the
26     corporation may use any divisional designation or trade

 

 

09600SB2016ham001 - 47 - LRB096 11410 RCE 24010 a

1     name without complying with the requirements of this Act,
2     provided the corporation also clearly discloses its
3     corporate name.
4         (8) (Blank).
5         (9) Shall not, as to any corporation organized or
6     amending its corporate name on or after the effective date
7     of this amendatory Act of the 96th General Assembly,
8     without the express written consent of the United States
9     Olympic Committee, contain the words: (i) "Olympic"; (ii)
10     "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v)
11     "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago
12     2016".
13     (b) The Secretary of State shall determine whether a name
14 is "distinguishable" from another name for purposes of this
15 Act. Without excluding other names which may not constitute
16 distinguishable names in this State, a name is not considered
17 distinguishable, for purposes of this Act, solely because it
18 contains one or more of the following:
19         (1) the word "corporation", "company", "incorporated",
20     or "limited", "limited liability" or an abbreviation of one
21     of such words;
22         (2) articles, conjunctions, contractions,
23     abbreviations, different tenses or number of the same word;
24     (c) Nothing in this Section or Sections 4.15 or 4.20 shall:
25         (1) Require any domestic corporation existing or any
26     foreign corporation having a certificate of authority on

 

 

09600SB2016ham001 - 48 - LRB096 11410 RCE 24010 a

1     the effective date of this Act, to modify or otherwise
2     change its corporate name or assumed corporate name, if
3     any.
4         (2) Abrogate or limit the common law or statutory law
5     of unfair competition or unfair trade practices, nor
6     derogate from the common law or principles of equity or the
7     statutes of this State or of the United States with respect
8     to the right to acquire and protect copyrights, trade
9     names, trade marks, service names, service marks, or any
10     other right to the exclusive use of names or symbols.
11 (Source: P.A. 92-33, eff. 7-1-01.)
 
12     (805 ILCS 5/4.15)  (from Ch. 32, par. 4.15)
13     Sec. 4.15. Assumed corporate name.
14     (a) A domestic corporation or a foreign corporation
15 admitted to transact business or attempting to gain admission
16 to transact business may elect to adopt an assumed corporate
17 name that complies with the requirements of paragraphs (2),
18 (3), (4), (5), and (6), and (9) of subsection (a) of Section
19 4.05 of this Act with respect to corporate names.
20     (b) As used in this Act, "assumed corporate name" means any
21 corporate name other than the true corporate name, except that
22 the following shall not constitute the use of an assumed
23 corporate name under this Act:
24         (1) the identification by a corporation of its business
25     with a trademark or service mark of which it is the owner

 

 

09600SB2016ham001 - 49 - LRB096 11410 RCE 24010 a

1     or licensed user; and
2         (2) the use of a name of a division, not separately
3     incorporated and not containing the word "corporation",
4     "incorporated", or "limited" or an abbreviation of one of
5     such words, provided the corporation also clearly
6     discloses its corporate name.
7     (c) Before transacting any business in this State under an
8 assumed corporate name or names, the corporation shall, for
9 each assumed corporate name, pursuant to resolution by its
10 board of directors, execute and file in duplicate in accordance
11 with Section 1.10 of this Act, an application setting forth:
12         (1) The true corporate name.
13         (2) The state or country under the laws of which it is
14     organized.
15         (3) That it intends to transact business under an
16     assumed corporate name.
17         (4) The assumed corporate name which it proposes to
18     use.
19     (d) The right to use an assumed corporate name shall be
20 effective from the date of filing by the Secretary of State
21 until the first day of the anniversary month of the corporation
22 that falls within the next calendar year evenly divisible by 5,
23 however, if an application is filed within the 2 months
24 immediately preceding the anniversary month of a corporation
25 that falls within a calendar year evenly divisible by 5, the
26 right to use the assumed corporate name shall be effective

 

 

09600SB2016ham001 - 50 - LRB096 11410 RCE 24010 a

1 until the first day of the anniversary month of the corporation
2 that falls within the next succeeding calendar year evenly
3 divisible by 5.
4     (e) A corporation shall renew the right to use its assumed
5 corporate name or names, if any, within the 60 days preceding
6 the expiration of such right, for a period of 5 years, by
7 making an election to do so at the time of filing its annual
8 report form and by paying the renewal fee as prescribed by this
9 Act.
10     (f) Once an application for an assumed corporate name has
11 been filed by the Secretary of State, one copy thereof may be
12 filed for record in the office of the recorder of the county in
13 which the registered office of the corporation is situated in
14 this State.
15     (g) A foreign corporation may not use an assumed or
16 fictitious name in the conduct of its business to intentionally
17 misrepresent the geographic origin or location of the
18 corporation within Illinois.
19 (Source: P.A. 91-906, eff. 1-1-01.)
 
20     Section 15-20. The General Not For Profit Corporation Act
21 of 1986 is amended by changing Section 104.05 as follows:
 
22     (805 ILCS 105/104.05)  (from Ch. 32, par. 104.05)
23     Sec. 104.05. Corporate name of domestic or foreign
24 corporation.

 

 

09600SB2016ham001 - 51 - LRB096 11410 RCE 24010 a

1     (a) The corporate name of a domestic corporation or of a
2 foreign corporation organized, existing or subject to the
3 provisions of this Act:
4         (1) May contain, separate and apart from any other word
5     or abbreviation in such name, the word "corporation,"
6     "company," "incorporated," or "limited," or an
7     abbreviation of one of such words;
8         (2) Must end with the letters "NFP" if the corporate
9     name contains any word or phrase which indicates or implies
10     that the corporation is organized for any purpose other
11     than a purpose for which corporations may be organized
12     under this Act or a purpose other than a purpose set forth
13     in the corporation's articles of incorporation;
14         (3) Shall be distinguishable upon the records in the
15     the office of the Secretary of State from the name or
16     assumed name of any domestic corporation or limited
17     liability company organized under the Limited Liability
18     Company Act, whether for profit or not for profit, existing
19     under any Act of this State or the name or assumed name of
20     any foreign corporation or foreign limited liability
21     company registered under the Limited Liability Company
22     Act, whether for profit or not for profit, authorized to
23     transact business or conduct affairs in this State, or a
24     name the exclusive right to which is, at the time, reserved
25     or registered in the manner provided in this Act or Section
26     1-15 of the Limited Liability Company Act, except that,

 

 

09600SB2016ham001 - 52 - LRB096 11410 RCE 24010 a

1     subject to the discretion of the Secretary of State, a
2     foreign corporation that has a name prohibited by this
3     paragraph may be issued a certificate of authority to
4     conduct its affairs in this State, if the foreign
5     corporation:
6             (i) Elects to adopt an assumed corporation name or
7         names in accordance with Section 104.15 of this Act;
8         and
9             (ii) Agrees in its application for a certificate of
10         authority to conduct affairs in this State only under
11         such assumed corporate name or names;
12         (4) Shall 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 such restriction has been complied with;
16         (5) 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         (6) Shall not contain the words "regular democrat,"
20     "regular democratic," "regular republican," "democrat,"
21     "democratic," or "republican," nor the name of any other
22     established political party, unless consent to usage of
23     such words or name is given to the corporation by the State
24     central committee of such established political party;
25     notwithstanding any other provisions of this Act, any
26     corporation, whose name at the time this amendatory Act

 

 

09600SB2016ham001 - 53 - LRB096 11410 RCE 24010 a

1     takes effect contains any of the words listed in this
2     paragraph shall certify to the Secretary of State no later
3     than January 1, 1989, that consent has been given by the
4     State central committee; consent given to a corporation by
5     the State central committee to use the above listed words
6     may be revoked upon notification to the corporation and the
7     Secretary of State; and
8         (7) Shall be the name under which the corporation shall
9     conduct affairs in this State unless the corporation shall
10     also elect to adopt an assumed corporate name or names as
11     provided in this Act; provided, however, that the
12     corporation may use any divisional designation or trade
13     name without complying with the requirements of this Act,
14     provided the corporation also clearly discloses its
15     corporate name; and .
16         (8) Shall not, as to any corporation organized or
17     amending its corporate name on or after the effective date
18     of this amendatory Act of the 96th General Assembly,
19     without the express written consent of the United States
20     Olympic Committee, contain the words: (i) "Olympic"; (ii)
21     "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v)
22     "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago
23     2016".
24     (b) The Secretary of State shall determine whether a name
25 is "distinguishable" from another name for purposes of this
26 Act. Without excluding other names which may not constitute

 

 

09600SB2016ham001 - 54 - LRB096 11410 RCE 24010 a

1 distinguishable names in this State, a name is not considered
2 distinguishable, for purposes of this Act, solely because it
3 contains one or more of the following:
4         (1) The word "corporation," "company," "incorporated,"
5     or "limited" or an abbreviation of one of such words;
6         (2) Articles, conjunctions, contractions,
7     abbreviations, different tenses or number of the same word.
8     (c) Nothing in this Section or Sections 104.15 or 104.20 of
9 this Act shall:
10         (1) Require any domestic corporation existing or any
11     foreign corporation having a certificate of authority on
12     the effective date of this Act, to modify or otherwise
13     change its corporate name or assumed corporate name, if
14     any; or
15         (2) Abrogate or limit the common law or statutory law
16     of unfair competition or unfair trade practices, nor
17     derogate from the common law or principles of equity or the
18     statutes of this State or of the United States with respect
19     to the right to acquire and protect copyrights, trade
20     names, trade marks, service names, service marks, or any
21     other right to the exclusive use of name or symbols.
22 (Source: P.A. 92-33, eff. 7-1-01; revised 10-28-08.)
 
23     Section 15-25. The Limited Liability Company Act is amended
24 by changing Section 1-10 as follows:
 

 

 

09600SB2016ham001 - 55 - LRB096 11410 RCE 24010 a

1     (805 ILCS 180/1-10)
2     Sec. 1-10. Limited liability company name.
3     (a) The name of each limited liability company as set forth
4 in its articles of organization:
5         (1) shall contain the terms "limited liability
6     company", "L.L.C.", or "LLC";
7         (2) may not contain a word or phrase, or an
8     abbreviation or derivation thereof, the use of which is
9     prohibited or restricted by any other statute of this State
10     unless the restriction has been complied with;
11         (3) shall consist of letters of the English alphabet,
12     Arabic or Roman numerals, or symbols capable of being
13     readily reproduced by the Office of the Secretary of State;
14         (4) shall not contain any of the following terms:
15     "Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
16     "Co.," "Limited Partnership" or "L.P.";
17         (5) shall be the name under which the limited liability
18     company transacts business in this State unless the limited
19     liability company also elects to adopt an assumed name or
20     names as provided in this Act; provided, however, that the
21     limited liability company may use any divisional
22     designation or trade name without complying with the
23     requirements of this Act, provided the limited liability
24     company also clearly discloses its name;
25         (6) shall not contain any word or phrase that indicates
26     or implies that the limited liability company is authorized

 

 

09600SB2016ham001 - 56 - LRB096 11410 RCE 24010 a

1     or empowered to be in the business of a corporate fiduciary
2     unless otherwise permitted by the Commissioner of the
3     Office of Banks and Real Estate under Section 1-9 of the
4     Corporate Fiduciary Act. The word "trust", "trustee", or
5     "fiduciary" may be used by a limited liability company only
6     if it has first complied with Section 1-9 of the Corporate
7     Fiduciary Act; and
8         (7) shall contain the word "trust", if it is a limited
9     liability company organized for the purpose of accepting
10     and executing trusts; and .
11         (8) shall not, as to any limited liability company
12     organized or amending its company name on or after the
13     effective date of this amendatory Act of the 96th General
14     Assembly, without the express written consent of the United
15     States Olympic Committee, contain the words: (i)
16     "Olympic"; (ii) "Olympiad"; (iii) "Paralympic"; (iv)
17     "Paralympiad"; (v) "Citius Altius Fortius"; (vi) "CHICOG";
18     or (vii) "Chicago 2016".
19     (b) Nothing in this Section or Section 1-20 shall abrogate
20 or limit the common law or statutory law of unfair competition
21 or unfair trade practices, nor derogate from the common law or
22 principles of equity or the statutes of this State or of the
23 United States of America with respect to the right to acquire
24 and protect copyrights, trade names, trademarks, service
25 marks, service names, or any other right to the exclusive use
26 of names or symbols.

 

 

09600SB2016ham001 - 57 - LRB096 11410 RCE 24010 a

1     (c) (Blank).
2     (d) The name shall be distinguishable upon the records in
3 the Office of the Secretary of State from all of the following:
4         (1) Any limited liability company that has articles of
5     organization filed with the Secretary of State under
6     Section 5-5.
7         (2) Any foreign limited liability company admitted to
8     transact business in this State.
9         (3) Any name for which an exclusive right has been
10     reserved in the Office of the Secretary of State under
11     Section 1-15.
12         (4) Any assumed name that is registered with the
13     Secretary of State under Section 1-20.
14         (5) Any corporate name or assumed corporate name of a
15     domestic or foreign corporation subject to the provisions
16     of Section 4.05 of the Business Corporation Act of 1983 or
17     Section 104.05 of the General Not For Profit Corporation
18     Act of 1986.
19     (e) The provisions of subsection (d) of this Section shall
20 not apply if the organizer files with the Secretary of State a
21 certified copy of a final decree of a court of competent
22 jurisdiction establishing the prior right of the applicant to
23 the use of that name in this State.
24     (f) The Secretary of State shall determine whether a name
25 is "distinguishable" from another name for the purposes of this
26 Act. Without excluding other names that may not constitute

 

 

09600SB2016ham001 - 58 - LRB096 11410 RCE 24010 a

1 distinguishable names in this State, a name is not considered
2 distinguishable, for purposes of this Act, solely because it
3 contains one or more of the following:
4         (1) The word "limited", "liability" or "company" or an
5     abbreviation of one of those words.
6         (2) Articles, conjunctions, contractions,
7     abbreviations, or different tenses or number of the same
8     word.
9 (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
 
10
ARTICLE 20.

 
11     Section 20-5. Article title. This Article may be cited as
12 the 2016 Olympic and Paralympic Games Professional Licensure
13 Exemption Law.
 
14     Section 20-10. The Department of Professional Regulation
15 Law of the Civil Administrative Code of Illinois is amended by
16 adding Section 2105-350 as follows:
 
17     (20 ILCS 2105/2105-350 new)
18     Sec. 2105-350. Licensing exemptions related to the 2016
19 Olympic and Paralympic Games.
20     (a) Definitions. For purposes of this Section:
21     "Eligible personnel" means individuals formally accredited
22 by the OCOG under IOC procedures and regulations, or in the

 

 

09600SB2016ham001 - 59 - LRB096 11410 RCE 24010 a

1 case of a sanctioned test event, the individuals formally
2 designated by the OCOG under specific procedures applicable to
3 the sanctioned test event.
4     "Bid committee" means Chicago 2016, a local organizing
5 committee that has been incorporated as a not-for-profit
6 corporation, that is authorized by the candidate city to submit
7 a bid on the candidate city's behalf to the IOC for selection
8 as the host city for the games, and that may serve as (or help
9 form) the OCOG if the candidate city is selected as the host
10 city for the games.
11     "Candidate city" means the City of Chicago, which has been
12 selected as a candidate by the IOC to be the host city of the
13 games.
14     "Competition venues" means, collectively, the venues or
15 facilities to be used for competition and related activities,
16 including, without limitation, training activities, for the
17 games or sanctioned test events as may be determined by the
18 IOC, the USOC, or the OCOG or the candidate city.
19     "Department" means the Department of Financial and
20 Professional Regulation of the State.
21     "Foreign licensing body" means (i) another state or
22 territory of the United States of America, or (ii) a foreign
23 country or other political entity recognized by the United
24 States of America as sovereign, or a political subdivision
25 thereof.
26     "Games" means the 2016 Olympic and Paralympic Games,

 

 

09600SB2016ham001 - 60 - LRB096 11410 RCE 24010 a

1 including all associated meetings, ceremonies, performances,
2 and events.
3     "IOC" means the International Olympic Committee.
4     "NOC" means a National Olympic Committee.
5     "Non-competition venues" means, collectively, the venues
6 or facilities to be used for non-competition activities,
7 including, without limitation, the Olympic village, broadcast
8 and media center, live sites, hospitality sites, and
9 administrative and operational offices, for the games or
10 sanctioned test events, as determined by the IOC, the USOC, or
11 the OCOG or the candidate city.
12     "NPC" means a National Paralympic Committee.
13     "OCOG" means the bid committee or the same as may be
14 reorganized or reconstituted if the candidate city is selected
15 as the host city for the games, or another not-for-profit
16 corporation to be established by the candidate city and the bid
17 committee, which is to serve as the organizing committee for
18 the games.
19     "Period of the games" means the period commencing 28 days
20 prior to the opening ceremony of the 2016 Olympic Games and
21 concluding 28 days after the closing ceremony of the 2016
22 Paralympic Games.
23     "Representative" means an individual formally accredited
24 by the OCOG under IOC procedures and regulations as a member or
25 guest of an NOC or NPC delegation participating in the games,
26 or an individual formally designated by the OCOG or another

 

 

09600SB2016ham001 - 61 - LRB096 11410 RCE 24010 a

1 applicable organizing committee of a sanctioned test event as
2 being a member or guest of an NOC or NPC delegation, or
3 athletic team, participating in the sanctioned test event.
4     "Sanctioned test event" means an event designated in
5 writing by the OCOG to the Department at least 30 days in
6 advance and which is conducted for the purpose of preparing or
7 evaluating the ability and preparedness of the OCOG or the
8 candidate city to host the games.
9     "Specified occupation" means the following occupations or
10 professions: physician, chiropractic physician, advanced
11 practice nurse, practical nurse, licensed practical nurse,
12 registered nurse, registered professional nurse, physical
13 therapist, physical therapist assistant, physician assistant,
14 athletic trainer, veterinarian, veterinary technician, and
15 massage therapist.
16     "Sponsoring delegation" means an NOC or NPC delegation or
17 another accredited delegation for the games, or in the case of
18 a sanctioned test event, an NOC or NPC delegation or athletic
19 team, which engages, funds, supports, or otherwise requires the
20 attendance and participation of the individual or entity to
21 whom or which a licensing exception contained in this Section
22 would apply.
23     "State" means the State of Illinois.
24     "USOC" means the U.S. Olympic Committee.
25     "Venues" means, collectively, the competition and
26 non-competition venues.

 

 

09600SB2016ham001 - 62 - LRB096 11410 RCE 24010 a

1     (b) Notwithstanding any law of the State or political
2 subdivision thereof to the contrary, an individual or entity
3 may engage in the practice of the specified occupations without
4 being licensed under any Act administered by the Department or
5 by the Department of Public Health of the State, provided that
6 the individual or entity:
7         (1) is duly licensed by, or otherwise authorized to
8     practice the profession or occupation by, a foreign
9     licensing body;
10         (2) provides services at the invitation of an OCOG for
11     the professional purpose of caring for or attending to the
12     needs of individuals participating in or attending the
13     games;
14         (3) restricts his, her or its licensed or authorized
15     services and duties solely to the provision of care or
16     service at one or more venues as specified by the OCOG, and
17     in the case of venues without access control, restricts
18     his, her or its licensed or authorized services and duties
19     solely to the provision of care or service to eligible
20     personnel;
21         (4) provides only the care or services that the
22     individual or entity is licensed or otherwise authorized by
23     the foreign licensing body to provide; and
24         (5) restricts the provision of the care or services to
25     the period of the games or to the period of a sanctioned
26     test event, together with any necessary period before and

 

 

09600SB2016ham001 - 63 - LRB096 11410 RCE 24010 a

1     after the test event.
2     (c) Any person or entity practicing or providing services
3 of a specified occupation as set forth in subsection (b) who,
4 in good faith, provides emergency care without fee to a person,
5 shall not be liable for civil damages or professional liability
6 as a result of his, her, or its acts or omissions, except to
7 the extent that the person or entity engages in willful or
8 wanton misconduct in providing that care. This subsection (c)
9 shall also apply to any person or entity that provides
10 emergency care without fee but that is duly licensed or
11 authorized to do so by the Department or the Department of
12 Public Health of the State.
13     (d) Notwithstanding any law of the State or political
14 subdivision thereof to the contrary, an individual or entity
15 may engage in the practice of the specified occupations without
16 being licensed under any Act administered by the Department,
17 provided that the individual or entity:
18         (1) is duly licensed by, or otherwise authorized to
19     practice the profession or occupation by, a foreign
20     licensing body;
21         (2) provides services for the professional purposes of
22     attending to the needs of the representatives of a
23     sponsoring delegation;
24         (3) restricts his or her or its licensed or authorized
25     services and duties solely to the representatives of the
26     sponsoring delegation during the representatives' stay in

 

 

09600SB2016ham001 - 64 - LRB096 11410 RCE 24010 a

1     the State;
2         (4) provides services at the invitation of a sponsoring
3     delegation;
4         (5) provides only those services of a specified
5     occupation that the individual or entity is licensed or
6     otherwise authorized to provide by the foreign licensing
7     body; and
8         (6) restricts the provision of said care or services to
9     the period of the games, or in the case of a sanctioned
10     test event, to the period of said sanctioned test event
11     together with any necessary period before and after said
12     sanctioned test event, which period shall not commence more
13     than 28 days before said sanctioned test event or terminate
14     more than 28 days after said sanctioned test event.
15     (e) The requirements of this Section 2105-350 do not apply
16 to the exemptions authorized by the Department pursuant to
17 Section 2105-400 of this Act.
18     (f) This Section becomes inoperable as provided in Section
19 20-15 of the 2016 Olympic and Paralympic Games Professional
20 Licensure Exemption Law.
 
21     Section 20-15. Inoperability. This Article, including
22 Section 2105-350 of the Department of Professional Regulation
23 Law of the Civil Administrative Code of Illinois, shall be
24 inoperable as follows:
25     (a) if the candidate city terminates its candidacy to

 

 

09600SB2016ham001 - 65 - LRB096 11410 RCE 24010 a

1 become the host city for the games, then this Article is
2 inoperable upon that termination;
3     (b) if the IOC does not select the candidate city as the
4 host city for the games on or before December 1, 2009, then
5 this Article is inoperable on and after that date; or
6     (c) if the candidate city is chosen as the host city for
7 the games on or before December 1, 2009, then this Article is
8 inoperable on and after June 30, 2017; except that subsection
9 (c) of Section 20-10 of this Article shall survive until the
10 expiration of all relevant statutes of limitation.
 
11     Section 20-20. The Illinois Athletic Trainers Practice Act
12 is amended by changing Section 4 as follows:
 
13     (225 ILCS 5/4)  (from Ch. 111, par. 7604)
14     (Section scheduled to be repealed on January 1, 2016)
15     Sec. 4. Licensure requirement - Exempt activities. After
16 the effective date of this Act, no person shall provide any of
17 the services set forth in subsection (4) of Section 3 of this
18 Act, or use the title "athletic trainer" or "certified athletic
19 trainer" or "athletic trainer certified" or the letters "A.T.",
20 "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after his name,
21 unless licensed under this Act.
22     Nothing in this Act shall be construed as preventing or
23 restricting the practice, services, or activities of:
24         (1) Any person licensed or registered in this State by

 

 

09600SB2016ham001 - 66 - LRB096 11410 RCE 24010 a

1     any other law from engaging in the profession or occupation
2     for which he or she is licensed or registered.
3         (2) Any person employed as an athletic trainer by the
4     Government of the United States, if such person provides
5     athletic training solely under the direction or control of
6     the organization by which he or she is employed.
7         (3) Any person pursuing a course of study leading to a
8     degree or certificate in athletic training at an accredited
9     educational program if such activities and services
10     constitute a part of a supervised course of study involving
11     daily personal or verbal contact at the site of supervision
12     between the athletic training student and the licensed
13     athletic trainer who plans, directs, advises, and
14     evaluates the student's athletic training clinical
15     education. The supervising licensed athletic trainer must
16     be on-site where the athletic training clinical education
17     is being obtained. A person meeting the criteria under this
18     paragraph (3) must be designated by a title which clearly
19     indicates his or her status as a student or trainee.
20         (4) (Blank).
21         (5) The practice of athletic training under the
22     supervision of a licensed athletic trainer by one who has
23     applied in writing to the Department for licensure and has
24     complied with all the provisions of Section 9 except the
25     passing of the examination to be eligible to receive such
26     license. In no event shall this exemption extend to any

 

 

09600SB2016ham001 - 67 - LRB096 11410 RCE 24010 a

1     person for longer than 3 months. Anyone who has previously
2     failed the examination, or who fails the examination during
3     this 3-month period, shall immediately cease practice as an
4     athletic trainer and shall not engage in the practice of
5     athletic training again until he or she passes the
6     examination.
7         (6) Any person in a coaching position from rendering
8     emergency care on an as needed basis to the athletes under
9     his or her supervision when a licensed athletic trainer is
10     not available.
11         (7) Any person who is an athletic trainer from another
12     nation, state, or territory acting as an athletic trainer
13     while performing his duties for his or her respective
14     non-Illinois based team or organization, so long as he or
15     she restricts his or her duties to his or her team or
16     organization during the course of his or her team's or
17     organization's stay in this State. For the purposes of this
18     Act, a team shall be considered based in Illinois if its
19     home contests are held in Illinois, regardless of the
20     location of the team's administrative offices.
21         (8) The practice of athletic training by persons
22     licensed in another state who have applied in writing to
23     the Department for licensure by endorsement for no longer
24     than 6 months or until notification has been given that
25     licensure has been granted or denied, whichever period of
26     time is lesser.

 

 

09600SB2016ham001 - 68 - LRB096 11410 RCE 24010 a

1         (9) The practice of athletic training by one who has
2     applied in writing to the Department for licensure and has
3     complied with all the provisions of Section 9 for no longer
4     than 6 months or until notification has been given that
5     licensure has been granted or denied, whichever period of
6     time is lesser.
7         (10) The practice of athletic training by persons
8     actively licensed as an athletic trainer in another state,
9     or currently certified by the National Athletic Trainers
10     Association Board of Certification, Inc., or its successor
11     entity, at a special athletic tournament or event conducted
12     by a sanctioned amateur athletic organization, including,
13     but not limited to, the Prairie State Games and the Special
14     Olympics, for no more than 14 days. This shall not include
15     contests or events that are part of a scheduled series of
16     regular season events.
17         (11) Athletic trainer aides from performing patient
18     care activities under the on-site supervision of a licensed
19     athletic trainer. These patient care activities shall not
20     include interpretation of referrals or evaluation
21     procedures, planning or major modifications of patient
22     programs, administration of medication, or solo practice
23     or event coverage without immediate access to a licensed
24     athletic trainer.
25         (12) Persons or entities practicing the specified
26     occupations set forth in subsection (a) of, and pursuant to

 

 

09600SB2016ham001 - 69 - LRB096 11410 RCE 24010 a

1     a licensing exemption granted in subsection (b) or (d) of,
2     Section 2105-350 of the Department of Professional
3     Regulation Law of the Civil Administrative Code of
4     Illinois, but only for so long as the 2016 Olympic and
5     Paralympic Games Professional Licensure Exemption Law is
6     operable.
7 (Source: P.A. 94-246, eff. 1-1-06.)
 
8     Section 20-25. The Massage Licensing Act is amended by
9 changing Section 25 as follows:
 
10     (225 ILCS 57/25)
11     (Section scheduled to be repealed on January 1, 2012)
12     Sec. 25. Exemptions.
13     (a) This Act does not prohibit a person licensed under any
14 other Act in this State from engaging in the practice for which
15 he or she is licensed.
16     (b) Persons exempted under this Section include, but are
17 not limited to, physicians, podiatrists, naprapaths, and
18 physical therapists.
19     (c) Nothing in this Act prohibits qualified members of
20 other professional groups, including but not limited to nurses,
21 occupational therapists, cosmetologists, and estheticians,
22 from performing massage in a manner consistent with their
23 training and the code of ethics of their respective
24 professions.

 

 

09600SB2016ham001 - 70 - LRB096 11410 RCE 24010 a

1     (d) Nothing in this Act prohibits a student of an approved
2 massage school or program from performing massage, provided
3 that the student does not hold himself or herself out as a
4 licensed massage therapist and does not charge a fee for
5 massage therapy services.
6     (e) Nothing in this Act prohibits practitioners that do not
7 involve intentional soft tissue manipulation, including but
8 not limited to Alexander Technique, Feldenkrais, Reike, and
9 Therapeutic Touch, from practicing.
10     (f) Practitioners of certain service marked bodywork
11 approaches that do involve intentional soft tissue
12 manipulation, including but not limited to Rolfing, Trager
13 Approach, Polarity Therapy, and Orthobionomy, are exempt from
14 this Act if they are approved by their governing body based on
15 a minimum level of training, demonstration of competency, and
16 adherence to ethical standards.
17     (g) Practitioners of Asian bodywork approaches are exempt
18 from this Act if they are members of the American Organization
19 of Bodywork Therapies of Asia as certified practitioners or if
20 they are approved by an Asian bodywork organization based on a
21 minimum level of training, demonstration of competency, and
22 adherence to ethical standards set by their governing body.
23     (h) Practitioners of other forms of bodywork who restrict
24 manipulation of soft tissue to the feet, hands, and ears, and
25 who do not have the client disrobe, such as reflexology, are
26 exempt from this Act.

 

 

09600SB2016ham001 - 71 - LRB096 11410 RCE 24010 a

1     (i) Nothing in this Act applies to massage therapists from
2 other states or countries when providing educational programs
3 or services for a period not exceeding 30 days within a
4 calendar year.
5     (j) Nothing in this Act prohibits a person from treating
6 ailments by spiritual means through prayer alone in accordance
7 with the tenets and practices of a recognized church or
8 religious denomination.
9     (k) Nothing in this Act applies to persons or entities
10 practicing the specified occupations set forth in subsection
11 (a) of, and pursuant to a licensing exemption granted in
12 subsection (b) or (d) of, Section 2105-350 of the Department of
13 Professional Regulation Law of the Civil Administrative Code of
14 Illinois, but only for so long as the 2016 Olympic and
15 Paralympic Games Professional Licensure Exemption Law is
16 operable.
17 (Source: P.A. 92-860, eff. 6-1-03.)
 
18     Section 20-30. The Medical Practice Act of 1987 is amended
19 by changing Section 4 as follows:
 
20     (225 ILCS 60/4)  (from Ch. 111, par. 4400-4)
21     (Section scheduled to be repealed on December 31, 2010)
22     Sec. 4. Exemptions.
23     (a) This Act does not apply to the following:
24         (1) persons lawfully carrying on their particular

 

 

09600SB2016ham001 - 72 - LRB096 11410 RCE 24010 a

1     profession or business under any valid existing regulatory
2     Act of this State;
3         (2) persons rendering gratuitous services in cases of
4     emergency; or
5         (3) persons treating human ailments by prayer or
6     spiritual means as an exercise or enjoyment of religious
7     freedom; or .
8         (4) persons practicing the specified occupations set
9     forth in in subsection (a) of, and pursuant to a licensing
10     exemption granted in subsection (b) or (d) of, Section
11     2105-350 of the Department of Professional Regulation Law
12     of the Civil Administrative Code of Illinois, but only for
13     so long as the 2016 Olympic and Paralympic Games
14     Professional Licensure Exemption Law is operable.
15     (b) (Blank).
16 (Source: P.A. 93-379, eff. 7-24-03.)
 
17     Section 20-35. The Nurse Practice Act is amended by
18 changing Section 50-15 as follows:
 
19     (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
20     (Section scheduled to be repealed on January 1, 2018)
21     Sec. 50-15. Policy; application of Act.
22     (a) For the protection of life and the promotion of health,
23 and the prevention of illness and communicable diseases, any
24 person practicing or offering to practice advanced,

 

 

09600SB2016ham001 - 73 - LRB096 11410 RCE 24010 a

1 professional, or practical nursing in Illinois shall submit
2 evidence that he or she is qualified to practice, and shall be
3 licensed as provided under this Act. No person shall practice
4 or offer to practice advanced, professional, or practical
5 nursing in Illinois or use any title, sign, card or device to
6 indicate that such a person is practicing professional or
7 practical nursing unless such person has been licensed under
8 the provisions of this Act.
9     (b) This Act does not prohibit the following:
10         (1) The practice of nursing in Federal employment in
11     the discharge of the employee's duties by a person who is
12     employed by the United States government or any bureau,
13     division or agency thereof and is a legally qualified and
14     licensed nurse of another state or territory and not in
15     conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
16     this Act.
17         (2) Nursing that is included in the program of study by
18     students enrolled in programs of nursing or in current
19     nurse practice update courses approved by the Department.
20         (3) The furnishing of nursing assistance in an
21     emergency.
22         (4) The practice of nursing by a nurse who holds an
23     active license in another state when providing services to
24     patients in Illinois during a bonafide emergency or in
25     immediate preparation for or during interstate transit.
26         (5) The incidental care of the sick by members of the

 

 

09600SB2016ham001 - 74 - LRB096 11410 RCE 24010 a

1     family, domestic servants or housekeepers, or care of the
2     sick where treatment is by prayer or spiritual means.
3         (6) Persons from being employed as unlicensed
4     assistive personnel in private homes, long term care
5     facilities, nurseries, hospitals or other institutions.
6         (7) The practice of practical nursing by one who is a
7     licensed practical nurse under the laws of another U.S.
8     jurisdiction and has applied in writing to the Department,
9     in form and substance satisfactory to the Department, for a
10     license as a licensed practical nurse and who is qualified
11     to receive such license under this Act, until (i) the
12     expiration of 6 months after the filing of such written
13     application, (ii) the withdrawal of such application, or
14     (iii) the denial of such application by the Department.
15         (8) The practice of advanced practice nursing by one
16     who is an advanced practice nurse under the laws of another
17     state, territory of the United States, or country and has
18     applied in writing to the Department, in form and substance
19     satisfactory to the Department, for a license as an
20     advanced practice nurse and who is qualified to receive
21     such license under this Act, until (i) the expiration of 6
22     months after the filing of such written application, (ii)
23     the withdrawal of such application, or (iii) the denial of
24     such application by the Department.
25         (9) The practice of professional nursing by one who is
26     a registered professional nurse under the laws of another

 

 

09600SB2016ham001 - 75 - LRB096 11410 RCE 24010 a

1     state, territory of the United States or country and has
2     applied in writing to the Department, in form and substance
3     satisfactory to the Department, for a license as a
4     registered professional nurse and who is qualified to
5     receive such license under Section 55-10, until (1) the
6     expiration of 6 months after the filing of such written
7     application, (2) the withdrawal of such application, or (3)
8     the denial of such application by the Department.
9         (10) The practice of professional nursing that is
10     included in a program of study by one who is a registered
11     professional nurse under the laws of another state or
12     territory of the United States or foreign country,
13     territory or province and who is enrolled in a graduate
14     nursing education program or a program for the completion
15     of a baccalaureate nursing degree in this State, which
16     includes clinical supervision by faculty as determined by
17     the educational institution offering the program and the
18     health care organization where the practice of nursing
19     occurs.
20         (11) Any person licensed in this State under any other
21     Act from engaging in the practice for which she or he is
22     licensed.
23         (12) Delegation to authorized direct care staff
24     trained under Section 15.4 of the Mental Health and
25     Developmental Disabilities Administrative Act consistent
26     with the policies of the Department.

 

 

09600SB2016ham001 - 76 - LRB096 11410 RCE 24010 a

1         (13) The practice, services, or activities of persons
2     practicing the specified occupations set forth in
3     subsection (a) of, and pursuant to a licensing exemption
4     granted in subsection (b) or (d) of, Section 2105-350 of
5     the Department of Professional Regulation Law of the Civil
6     Administrative Code of Illinois, but only for so long as
7     the 2016 Olympic and Paralympic Games Professional
8     Licensure Exemption Law is operable.
9     Nothing in this Act shall be construed to limit the
10 delegation of tasks or duties by a physician, dentist, or
11 podiatrist to a licensed practical nurse, a registered
12 professional nurse, or other persons.
13 (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08.)
 
14     Section 20-40. The Illinois Physical Therapy Act is amended
15 by changing Section 2 as follows:
 
16     (225 ILCS 90/2)  (from Ch. 111, par. 4252)
17     (Section scheduled to be repealed on January 1, 2016)
18     Sec. 2. Licensure requirement; exempt activities. Practice
19 without a license forbidden - exception. No person shall after
20 the date of August 31, 1965 begin to practice physical therapy
21 in this State or hold himself out as being able to practice
22 this profession, unless he is licensed as such in accordance
23 with the provisions of this Act. After the effective date of
24 this amendatory Act of 1990, no person shall practice or hold

 

 

09600SB2016ham001 - 77 - LRB096 11410 RCE 24010 a

1 himself out as a physical therapist assistant unless he is
2 licensed as such under this Act. A physical therapist shall use
3 the initials "PT" in connection with his or her name to denote
4 licensure under this Act, and a physical therapist assistant
5 shall use the initials "PTA" in connection with his or her name
6 to denote licensure under this Act.
7     This Act does not prohibit:
8         (1) Any person licensed in this State under any other
9     Act from engaging in the practice for which he is licensed.
10         (2) The practice of physical therapy by those persons,
11     practicing under the supervision of a licensed physical
12     therapist and who have met all of the qualifications as
13     provided in Sections 7, 8.1, and 9 of this Act, until the
14     next examination is given for physical therapists or
15     physical therapist assistants and the results have been
16     received by the Department and the Department has
17     determined the applicant's eligibility for a license.
18     Anyone failing to pass said examination shall not again
19     practice physical therapy until such time as an examination
20     has been successfully passed by such person.
21         (3) The practice of physical therapy for a period not
22     exceeding 6 months by a person who is in this State on a
23     temporary basis to assist in a case of medical emergency or
24     to engage in a special physical therapy project, and who
25     meets the qualifications for a physical therapist as set
26     forth in Sections 7 and 8 of this Act and is licensed in

 

 

09600SB2016ham001 - 78 - LRB096 11410 RCE 24010 a

1     another state as a physical therapist.
2         (4) Practice of physical therapy by qualified persons
3     who have filed for endorsement for no longer than one year
4     or until such time that notification of licensure has been
5     granted or denied, whichever period of time is lesser.
6         (5) One or more licensed physical therapists from
7     forming a professional service corporation under the
8     provisions of the "Professional Service Corporation Act",
9     approved September 15, 1969, as now or hereafter amended,
10     and licensing such corporation for the practice of physical
11     therapy.
12         (6) Physical therapy aides from performing patient
13     care activities under the on-site supervision of a licensed
14     physical therapist or licensed physical therapist
15     assistant. These patient care activities shall not include
16     interpretation of referrals, evaluation procedures, the
17     planning of or major modifications of, patient programs.
18         (7) Physical Therapist Assistants from performing
19     patient care activities under the general supervision of a
20     licensed physical therapist. The physical therapist must
21     maintain continual contact with the physical therapist
22     assistant including periodic personal supervision and
23     instruction to insure the safety and welfare of the
24     patient.
25         (8) The practice of physical therapy by a physical
26     therapy student or a physical therapist assistant student

 

 

09600SB2016ham001 - 79 - LRB096 11410 RCE 24010 a

1     under the on-site supervision of a licensed physical
2     therapist. The physical therapist shall be readily
3     available for direct supervision and instruction to insure
4     the safety and welfare of the patient.
5         (9) The practice of physical therapy as part of an
6     educational program by a physical therapist licensed in
7     another state or country for a period not to exceed 6
8     months.
9         (10) The practice, services, or activities of persons
10     practicing the specified occupations set forth in
11     subsection (a) of, and pursuant to a licensing exemption
12     granted in subsection (b) or (d) of, Section 2105-350 of
13     the Department of Professional Regulation Law of the Civil
14     Administrative Code of Illinois, but only for so long as
15     the 2016 Olympic and Paralympic Games Professional
16     Licensure Exemption Law is operable.
17 (Source: P.A. 93-1010, eff. 8-24-04.)
 
18     Section 20-45. The Physician Assistant Practice Act of 1987
19 is amended by changing Section 5 as follows:
 
20     (225 ILCS 95/5)  (from Ch. 111, par. 4605)
21     (Section scheduled to be repealed on January 1, 2018)
22     Sec. 5. This Act does not prohibit:
23     1. Any person licensed in this State under any other Act
24 from engaging in the practice for which he is licensed;

 

 

09600SB2016ham001 - 80 - LRB096 11410 RCE 24010 a

1     2. The practice as a physician assistant by a person who is
2 employed by the United States government or any bureau,
3 division or agency thereof while in the discharge of the
4 employee's official duties;
5     3. The practice as a physician assistant which is included
6 in their program of study by students enrolled in schools or in
7 refresher courses approved by the Department.
8     4. The practice, services, or activities of persons
9 practicing the specified occupations set forth in subsection
10 (a) of, and pursuant to a licensing exemption granted in
11 subsection (b) or (d) of, Section 2105-350 of the Department of
12 Professional Regulation Law of the Civil Administrative Code of
13 Illinois, but only for so long as the 2016 Olympic and
14 Paralympic Games Professional Licensure Exemption Law is
15 operable.
16 (Source: P.A. 85-1209.)
 
17     Section 20-50. The Veterinary Medicine and Surgery
18 Practice Act of 2004 is amended by changing Section 4 as
19 follows:
 
20     (225 ILCS 115/4)  (from Ch. 111, par. 7004)
21     (Section scheduled to be repealed on January 1, 2014)
22     Sec. 4. Exemptions. Nothing in this Act shall apply to any
23 of the following:
24         (1) Veterinarians employed by the federal or State

 

 

09600SB2016ham001 - 81 - LRB096 11410 RCE 24010 a

1     government while engaged in their official duties.
2         (2) Licensed veterinarians from other states who are
3     invited to Illinois for consultation or lecturing.
4         (3) Veterinarians employed by colleges or universities
5     while engaged in the performance of their official duties,
6     or faculty engaged in animal husbandry or animal management
7     programs of colleges or universities.
8         (4) A veterinarian employed by an accredited college of
9     veterinary medicine providing assistance requested by a
10     veterinarian licensed in Illinois, acting with informed
11     consent from the client and acting under the direct or
12     indirect supervision and control of the licensed
13     veterinarian. Providing assistance involves hands-on
14     active participation in the treatment and care of the
15     patient. The licensed veterinarian shall maintain
16     responsibility for the veterinarian-client-patient
17     relationship.
18         (5) Veterinary students in an accredited college,
19     university, department of a university, or other
20     institution of veterinary medicine and surgery engaged in
21     duties assigned by their instructors.
22         (6) Any person engaged in bona fide scientific research
23     which requires the use of animals.
24         (7) An owner of livestock and any of the owner's
25     employees or the owner and employees of a service and care
26     provider of livestock caring for and treating livestock

 

 

09600SB2016ham001 - 82 - LRB096 11410 RCE 24010 a

1     belonging to the owner or under a provider's care,
2     including but not limited to, the performance of husbandry
3     and livestock management practices such as dehorning,
4     castration, emasculation, or docking of cattle, horses,
5     sheep, goats, and swine, artificial insemination, and
6     drawing of semen. Nor shall this Act be construed to
7     prohibit any person from administering in a humane manner
8     medicinal or surgical treatment to any livestock in the
9     care of such person. However, any such services shall
10     comply with the Humane Care for Animals Act.
11         (8) An owner of an animal, or an agent of the owner
12     acting with the owner's approval, in caring for, training,
13     or treating an animal belonging to the owner, so long as
14     that individual or agent does not represent himself or
15     herself as a veterinarian or use any title associated with
16     the practice of veterinary medicine or surgery or diagnose,
17     prescribe drugs, or perform surgery. The agent shall
18     provide the owner with a written statement summarizing the
19     nature of the services provided and obtain a signed
20     acknowledgment from the owner that they accept the services
21     provided. The services shall comply with the Humane Care
22     for Animals Act. The provisions of this item (8) do not
23     apply to a person who is exempt under item (7).
24         (9) A member in good standing of another licensed or
25     regulated profession within any state or a member of an
26     organization or group approved by the Department by rule

 

 

09600SB2016ham001 - 83 - LRB096 11410 RCE 24010 a

1     providing assistance requested by a veterinarian licensed
2     in this State acting with informed consent from the client
3     and acting under the direct or indirect supervision and
4     control of the licensed veterinarian. Providing assistance
5     involves hands-on active participation in the treatment
6     and care of the patient, as defined by rule. The licensed
7     veterinarian shall maintain responsibility for the
8     veterinarian-client-patient relationship.
9         (10) A graduate of a non-accredited college of
10     veterinary medicine who is in the process of obtaining a
11     certificate of educational equivalence and is performing
12     duties or actions assigned by instructors in an approved
13     college of veterinary medicine.
14         (11) A certified euthanasia technician who is
15     authorized to perform euthanasia in the course and scope of
16     his or her employment.
17         (12) A person who, without expectation of
18     compensation, provides emergency veterinary care in an
19     emergency or disaster situation so long as he or she does
20     not represent himself or herself as a veterinarian or use a
21     title or degree pertaining to the practice of veterinary
22     medicine and surgery.
23         (13) An employee of a licensed veterinarian performing
24     duties other than diagnosis, prognosis, prescription, or
25     surgery under the direction and supervision of the
26     veterinarian, who shall be responsible for the performance

 

 

09600SB2016ham001 - 84 - LRB096 11410 RCE 24010 a

1     of the employee.
2         (14) An approved humane investigator regulated under
3     the Humane Care for Animals Act or employee of a shelter
4     licensed under the Animal Welfare Act, working under the
5     indirect supervision of a licensed veterinarian.
6         (15) An individual providing equine dentistry services
7     requested by a veterinarian licensed to practice in this
8     State, an owner, or an owner's agent. For the purposes of
9     this item (15), "equine dentistry services" means floating
10     teeth without the use of drugs or extraction.
11         (16) Private treaty sale of animals unless otherwise
12     provided by law.
13         (17) Persons or entities practicing the specified
14     occupations set forth in subsection (a) of, and pursuant to
15     a licensing exemption granted in subsection (b) or (d) of,
16     Section 2105-350 of the Department of Professional
17     Regulation Law of the Civil Administrative Code of
18     Illinois, but only for so long as the 2016 Olympic and
19     Paralympic Games Professional Licensure Exemption Law is
20     operable.
21 (Source: P.A. 92-449, eff. 1-1-02; 93-281, eff. 12-31-03.)
 
22
ARTICLE 25.

 
23     Section 25-1. Article title. This Article may be cited as
24 the Illinois 2016 Olympic and Paralympic Games Shooting

 

 

09600SB2016ham001 - 85 - LRB096 11410 RCE 24010 a

1 Competition Exemption Law.
 
2     Section 25-5. Purpose. It is the intent of the Legislature
3 in enacting this Article to ensure that competitive shooting
4 athletes may bring into the State, possess, transport, and use
5 competition firearms that are sanctioned by the International
6 Olympic Committee, the International Paralympic Committee, the
7 International Shooting Sport Federation (the international
8 governing body for shooting competitions), or USA Shooting (the
9 national governing body for Olympic shooting sports in the
10 United States) in connection with the athletes' participation
11 in official shooting competitions at the 2016 Olympic and
12 Paralympic Games and sanctioned test events leading up to the
13 2016 Olympic and Paralympic Games should the City of Chicago be
14 selected to host the 2016 Olympic and Paralympic Games. These
15 provisions only have the effect of allowing possession of,
16 transport of, and use of, firearms for Olympic-style shooting
17 by athletes in such competitions, without affecting other
18 firearms regulated under existing law.
 
19     Section 25-10. The Firearm Owners Identification Card Act
20 is amended by changing Section 2 as follows:
 
21     (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
22     Sec. 2. Firearm Owner's Identification Card required;
23 exceptions.

 

 

09600SB2016ham001 - 86 - LRB096 11410 RCE 24010 a

1     (a) (1) No person may acquire or possess any firearm, stun
2     gun, or taser within this State without having in his or
3     her possession a Firearm Owner's Identification Card
4     previously issued in his or her name by the Department of
5     State Police under the provisions of this Act.
6         (2) No person may acquire or possess firearm ammunition
7     within this State without having in his or her possession a
8     Firearm Owner's Identification Card previously issued in
9     his or her name by the Department of State Police under the
10     provisions of this Act.
11     (b) The provisions of this Section regarding the possession
12 of firearms, firearm ammunition, stun guns, and tasers do not
13 apply to:
14         (1) United States Marshals, while engaged in the
15     operation of their official duties;
16         (2) Members of the Armed Forces of the United States or
17     the National Guard, while engaged in the operation of their
18     official duties;
19         (3) Federal officials required to carry firearms,
20     while engaged in the operation of their official duties;
21         (4) Members of bona fide veterans organizations which
22     receive firearms directly from the armed forces of the
23     United States, while using the firearms for ceremonial
24     purposes with blank ammunition;
25         (5) Nonresident hunters during hunting season, with
26     valid nonresident hunting licenses and while in an area

 

 

09600SB2016ham001 - 87 - LRB096 11410 RCE 24010 a

1     where hunting is permitted; however, at all other times and
2     in all other places these persons must have their firearms
3     unloaded and enclosed in a case;
4         (6) Those hunters exempt from obtaining a hunting
5     license who are required to submit their Firearm Owner's
6     Identification Card when hunting on Department of Natural
7     Resources owned or managed sites;
8         (7) Nonresidents while on a firing or shooting range
9     recognized by the Department of State Police; however,
10     these persons must at all other times and in all other
11     places have their firearms unloaded and enclosed in a case;
12         (8) Nonresidents while at a firearm showing or display
13     recognized by the Department of State Police; however, at
14     all other times and in all other places these persons must
15     have their firearms unloaded and enclosed in a case;
16         (9) Nonresidents whose firearms are unloaded and
17     enclosed in a case;
18         (10) Nonresidents who are currently licensed or
19     registered to possess a firearm in their resident state;
20         (11) Unemancipated minors while in the custody and
21     immediate control of their parent or legal guardian or
22     other person in loco parentis to the minor if the parent or
23     legal guardian or other person in loco parentis to the
24     minor has a currently valid Firearm Owner's Identification
25     Card;
26         (12) Color guards of bona fide veterans organizations

 

 

09600SB2016ham001 - 88 - LRB096 11410 RCE 24010 a

1     or members of bona fide American Legion bands while using
2     firearms for ceremonial purposes with blank ammunition;
3         (13) Nonresident hunters whose state of residence does
4     not require them to be licensed or registered to possess a
5     firearm and only during hunting season, with valid hunting
6     licenses, while accompanied by, and using a firearm owned
7     by, a person who possesses a valid Firearm Owner's
8     Identification Card and while in an area within a
9     commercial club licensed under the Wildlife Code where
10     hunting is permitted and controlled, but in no instance
11     upon sites owned or managed by the Department of Natural
12     Resources;
13         (14) Resident hunters who are properly authorized to
14     hunt and, while accompanied by a person who possesses a
15     valid Firearm Owner's Identification Card, hunt in an area
16     within a commercial club licensed under the Wildlife Code
17     where hunting is permitted and controlled; and
18         (15) A person who is otherwise eligible to obtain a
19     Firearm Owner's Identification Card under this Act and is
20     under the direct supervision of a holder of a Firearm
21     Owner's Identification Card who is 21 years of age or older
22     while the person is on a firing or shooting range or is a
23     participant in a firearms safety and training course
24     recognized by a law enforcement agency or a national,
25     statewide shooting sports organization; and .
26         (16) Competitive shooting athletes whose competition

 

 

09600SB2016ham001 - 89 - LRB096 11410 RCE 24010 a

1     firearms are sanctioned by the International Olympic
2     Committee, the International Paralympic Committee, the
3     International Shooting Sport Federation, or USA Shooting
4     in connection with such athletes' training for and
5     participation in shooting competitions at the 2016 Olympic
6     and Paralympic Games and sanctioned test events leading up
7     to the 2016 Olympic and Paralympic Games.
8     (c) The provisions of this Section regarding the
9 acquisition and possession of firearms, firearm ammunition,
10 stun guns, and tasers do not apply to law enforcement officials
11 of this or any other jurisdiction, while engaged in the
12 operation of their official duties.
13 (Source: P.A. 94-6, eff. 1-1-06.)
 
14     Section 25-15. The Criminal Code of 1961 is amended by
15 changing Section 24-2 as follows:
 
16     (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
17     Sec. 24-2. Exemptions.
18     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
19 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
20 the following:
21         (1) Peace officers, and any person summoned by a peace
22     officer to assist in making arrests or preserving the
23     peace, while actually engaged in assisting such officer.
24         (2) Wardens, superintendents and keepers of prisons,

 

 

09600SB2016ham001 - 90 - LRB096 11410 RCE 24010 a

1     penitentiaries, jails and other institutions for the
2     detention of persons accused or convicted of an offense,
3     while in the performance of their official duty, or while
4     commuting between their homes and places of employment.
5         (3) Members of the Armed Services or Reserve Forces of
6     the United States or the Illinois National Guard or the
7     Reserve Officers Training Corps, while in the performance
8     of their official duty.
9         (4) Special agents employed by a railroad or a public
10     utility to perform police functions, and guards of armored
11     car companies, while actually engaged in the performance of
12     the duties of their employment or commuting between their
13     homes and places of employment; and watchmen while actually
14     engaged in the performance of the duties of their
15     employment.
16         (5) Persons licensed as private security contractors,
17     private detectives, or private alarm contractors, or
18     employed by an agency certified by the Department of
19     Professional Regulation, if their duties include the
20     carrying of a weapon under the provisions of the Private
21     Detective, Private Alarm, Private Security, Fingerprint
22     Vendor, and Locksmith Act of 2004, while actually engaged
23     in the performance of the duties of their employment or
24     commuting between their homes and places of employment,
25     provided that such commuting is accomplished within one
26     hour from departure from home or place of employment, as

 

 

09600SB2016ham001 - 91 - LRB096 11410 RCE 24010 a

1     the case may be. Persons exempted under this subdivision
2     (a)(5) shall be required to have completed a course of
3     study in firearms handling and training approved and
4     supervised by the Department of Professional Regulation as
5     prescribed by Section 28 of the Private Detective, Private
6     Alarm, Private Security, Fingerprint Vendor, and Locksmith
7     Act of 2004, prior to becoming eligible for this exemption.
8     The Department of Professional Regulation shall provide
9     suitable documentation demonstrating the successful
10     completion of the prescribed firearms training. Such
11     documentation shall be carried at all times when such
12     persons are in possession of a concealable weapon.
13         (6) Any person regularly employed in a commercial or
14     industrial operation as a security guard for the protection
15     of persons employed and private property related to such
16     commercial or industrial operation, while actually engaged
17     in the performance of his or her duty or traveling between
18     sites or properties belonging to the employer, and who, as
19     a security guard, is a member of a security force of at
20     least 5 persons registered with the Department of
21     Professional Regulation; provided that such security guard
22     has successfully completed a course of study, approved by
23     and supervised by the Department of Professional
24     Regulation, consisting of not less than 40 hours of
25     training that includes the theory of law enforcement,
26     liability for acts, and the handling of weapons. A person

 

 

09600SB2016ham001 - 92 - LRB096 11410 RCE 24010 a

1     shall be considered eligible for this exemption if he or
2     she has completed the required 20 hours of training for a
3     security officer and 20 hours of required firearm training,
4     and has been issued a firearm control card by the
5     Department of Professional Regulation. Conditions for the
6     renewal of firearm control cards issued under the
7     provisions of this Section shall be the same as for those
8     cards issued under the provisions of the Private Detective,
9     Private Alarm, Private Security, Fingerprint Vendor, and
10     Locksmith Act of 2004. Such firearm control card shall be
11     carried by the security guard at all times when he or she
12     is in possession of a concealable weapon.
13         (7) Agents and investigators of the Illinois
14     Legislative Investigating Commission authorized by the
15     Commission to carry the weapons specified in subsections
16     24-1(a)(3) and 24-1(a)(4), while on duty in the course of
17     any investigation for the Commission.
18         (8) Persons employed by a financial institution for the
19     protection of other employees and property related to such
20     financial institution, while actually engaged in the
21     performance of their duties, commuting between their homes
22     and places of employment, or traveling between sites or
23     properties owned or operated by such financial
24     institution, provided that any person so employed has
25     successfully completed a course of study, approved by and
26     supervised by the Department of Professional Regulation,

 

 

09600SB2016ham001 - 93 - LRB096 11410 RCE 24010 a

1     consisting of not less than 40 hours of training which
2     includes theory of law enforcement, liability for acts, and
3     the handling of weapons. A person shall be considered to be
4     eligible for this exemption if he or she has completed the
5     required 20 hours of training for a security officer and 20
6     hours of required firearm training, and has been issued a
7     firearm control card by the Department of Professional
8     Regulation. Conditions for renewal of firearm control
9     cards issued under the provisions of this Section shall be
10     the same as for those issued under the provisions of the
11     Private Detective, Private Alarm, Private Security,
12     Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
13     control card shall be carried by the person so trained at
14     all times when such person is in possession of a
15     concealable weapon. For purposes of this subsection,
16     "financial institution" means a bank, savings and loan
17     association, credit union or company providing armored car
18     services.
19         (9) Any person employed by an armored car company to
20     drive an armored car, while actually engaged in the
21     performance of his duties.
22         (10) Persons who have been classified as peace officers
23     pursuant to the Peace Officer Fire Investigation Act.
24         (11) Investigators of the Office of the State's
25     Attorneys Appellate Prosecutor authorized by the board of
26     governors of the Office of the State's Attorneys Appellate

 

 

09600SB2016ham001 - 94 - LRB096 11410 RCE 24010 a

1     Prosecutor to carry weapons pursuant to Section 7.06 of the
2     State's Attorneys Appellate Prosecutor's Act.
3         (12) Special investigators appointed by a State's
4     Attorney under Section 3-9005 of the Counties Code.
5         (12.5) Probation officers while in the performance of
6     their duties, or while commuting between their homes,
7     places of employment or specific locations that are part of
8     their assigned duties, with the consent of the chief judge
9     of the circuit for which they are employed.
10         (13) Court Security Officers while in the performance
11     of their official duties, or while commuting between their
12     homes and places of employment, with the consent of the
13     Sheriff.
14         (13.5) A person employed as an armed security guard at
15     a nuclear energy, storage, weapons or development site or
16     facility regulated by the Nuclear Regulatory Commission
17     who has completed the background screening and training
18     mandated by the rules and regulations of the Nuclear
19     Regulatory Commission.
20         (14) Manufacture, transportation, or sale of weapons
21     to persons authorized under subdivisions (1) through
22     (13.5) of this subsection to possess those weapons.
23     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24 24-1.6 do not apply to or affect any of the following:
25         (1) Members of any club or organization organized for
26     the purpose of practicing shooting at targets upon

 

 

09600SB2016ham001 - 95 - LRB096 11410 RCE 24010 a

1     established target ranges, whether public or private, and
2     patrons of such ranges, while such members or patrons are
3     using their firearms on those target ranges.
4         (2) Duly authorized military or civil organizations
5     while parading, with the special permission of the
6     Governor.
7         (3) Hunters, trappers or fishermen with a license or
8     permit while engaged in hunting, trapping or fishing.
9         (4) Transportation of weapons that are broken down in a
10     non-functioning state or are not immediately accessible.
11     (c) Subsection 24-1(a)(7) does not apply to or affect any
12 of the following:
13         (1) Peace officers while in performance of their
14     official duties.
15         (2) Wardens, superintendents and keepers of prisons,
16     penitentiaries, jails and other institutions for the
17     detention of persons accused or convicted of an offense.
18         (3) Members of the Armed Services or Reserve Forces of
19     the United States or the Illinois National Guard, while in
20     the performance of their official duty.
21         (4) Manufacture, transportation, or sale of machine
22     guns to persons authorized under subdivisions (1) through
23     (3) of this subsection to possess machine guns, if the
24     machine guns are broken down in a non-functioning state or
25     are not immediately accessible.
26         (5) Persons licensed under federal law to manufacture

 

 

09600SB2016ham001 - 96 - LRB096 11410 RCE 24010 a

1     any weapon from which 8 or more shots or bullets can be
2     discharged by a single function of the firing device, or
3     ammunition for such weapons, and actually engaged in the
4     business of manufacturing such weapons or ammunition, but
5     only with respect to activities which are within the lawful
6     scope of such business, such as the manufacture,
7     transportation, or testing of such weapons or ammunition.
8     This exemption does not authorize the general private
9     possession of any weapon from which 8 or more shots or
10     bullets can be discharged by a single function of the
11     firing device, but only such possession and activities as
12     are within the lawful scope of a licensed manufacturing
13     business described in this paragraph.
14         During transportation, such weapons shall be broken
15     down in a non-functioning state or not immediately
16     accessible.
17         (6) The manufacture, transport, testing, delivery,
18     transfer or sale, and all lawful commercial or experimental
19     activities necessary thereto, of rifles, shotguns, and
20     weapons made from rifles or shotguns, or ammunition for
21     such rifles, shotguns or weapons, where engaged in by a
22     person operating as a contractor or subcontractor pursuant
23     to a contract or subcontract for the development and supply
24     of such rifles, shotguns, weapons or ammunition to the
25     United States government or any branch of the Armed Forces
26     of the United States, when such activities are necessary

 

 

09600SB2016ham001 - 97 - LRB096 11410 RCE 24010 a

1     and incident to fulfilling the terms of such contract.
2         The exemption granted under this subdivision (c)(6)
3     shall also apply to any authorized agent of any such
4     contractor or subcontractor who is operating within the
5     scope of his employment, where such activities involving
6     such weapon, weapons or ammunition are necessary and
7     incident to fulfilling the terms of such contract.
8         During transportation, any such weapon shall be broken
9     down in a non-functioning state, or not immediately
10     accessible.
11     (d) Subsection 24-1(a)(1) does not apply to the purchase,
12 possession or carrying of a black-jack or slung-shot by a peace
13 officer.
14     (e) Subsection 24-1(a)(8) does not apply to any owner,
15 manager or authorized employee of any place specified in that
16 subsection nor to any law enforcement officer.
17     (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
18 Section 24-1.6 do not apply to members of any club or
19 organization organized for the purpose of practicing shooting
20 at targets upon established target ranges, whether public or
21 private, while using their firearms on those target ranges.
22     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
23 to:
24         (1) Members of the Armed Services or Reserve Forces of
25     the United States or the Illinois National Guard, while in
26     the performance of their official duty.

 

 

09600SB2016ham001 - 98 - LRB096 11410 RCE 24010 a

1         (2) Bonafide collectors of antique or surplus military
2     ordinance.
3         (3) Laboratories having a department of forensic
4     ballistics, or specializing in the development of
5     ammunition or explosive ordinance.
6         (4) Commerce, preparation, assembly or possession of
7     explosive bullets by manufacturers of ammunition licensed
8     by the federal government, in connection with the supply of
9     those organizations and persons exempted by subdivision
10     (g)(1) of this Section, or like organizations and persons
11     outside this State, or the transportation of explosive
12     bullets to any organization or person exempted in this
13     Section by a common carrier or by a vehicle owned or leased
14     by an exempted manufacturer.
15     (g-5) Subsection 24-1(a)(6) does not apply to or affect
16 persons licensed under federal law to manufacture any device or
17 attachment of any kind designed, used, or intended for use in
18 silencing the report of any firearm, firearms, or ammunition
19 for those firearms equipped with those devices, and actually
20 engaged in the business of manufacturing those devices,
21 firearms, or ammunition, but only with respect to activities
22 that are within the lawful scope of that business, such as the
23 manufacture, transportation, or testing of those devices,
24 firearms, or ammunition. This exemption does not authorize the
25 general private possession of any device or attachment of any
26 kind designed, used, or intended for use in silencing the

 

 

09600SB2016ham001 - 99 - LRB096 11410 RCE 24010 a

1 report of any firearm, but only such possession and activities
2 as are within the lawful scope of a licensed manufacturing
3 business described in this subsection (g-5). During
4 transportation, those devices shall be detached from any weapon
5 or not immediately accessible.
6     (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
7 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
8 athlete's possession, transport on official Olympic and
9 Paralympic transit systems established for athletes, or use of
10 competition firearms sanctioned by the International Olympic
11 Committee, the International Paralympic Committee, the
12 International Shooting Sport Federation, or USA Shooting in
13 connection with such athlete's training for and participation
14 in shooting competitions at the 2016 Olympic and Paralympic
15 Games and sanctioned test events leading up to the 2016 Olympic
16 and Paralympic Games.
17     (h) An information or indictment based upon a violation of
18 any subsection of this Article need not negative any exemptions
19 contained in this Article. The defendant shall have the burden
20 of proving such an exemption.
21     (i) Nothing in this Article shall prohibit, apply to, or
22 affect the transportation, carrying, or possession, of any
23 pistol or revolver, stun gun, taser, or other firearm consigned
24 to a common carrier operating under license of the State of
25 Illinois or the federal government, where such transportation,
26 carrying, or possession is incident to the lawful

 

 

09600SB2016ham001 - 100 - LRB096 11410 RCE 24010 a

1 transportation in which such common carrier is engaged; and
2 nothing in this Article shall prohibit, apply to, or affect the
3 transportation, carrying, or possession of any pistol,
4 revolver, stun gun, taser, or other firearm, not the subject of
5 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
6 this Article, which is unloaded and enclosed in a case, firearm
7 carrying box, shipping box, or other container, by the
8 possessor of a valid Firearm Owners Identification Card.
9 (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
10 95-885, eff. 1-1-09.)
 
11     Section 25-20. Inoperability. This Article shall be
12 inoperable as follows:
13     (a) if the City of Chicago terminates its candidacy to
14 become the host city for the 2016 Olympic and Paralympic Games,
15 then this Article is inoperable upon that termination;
16     (b) if the International Olympic Committee does not select
17 the City of Chicago as the host city for the 2016 Olympic and
18 Paralympic Games on or before December 1, 2009, then this
19 Article is inoperable on and after that date; or
20     (c) if the City of Chicago is chosen as the host city for
21 the 2016 Olympic and Paralympic Games on or before December 1,
22 2009, then this Article is inoperable on and after June 30,
23 2017.
 
24
ARTICLE 99.

 

 

 

09600SB2016ham001 - 101 - LRB096 11410 RCE 24010 a

1     Section 99-99. Effective date. This Act takes effect upon
2 becoming law.".