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