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Public Act 096-0007 |
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AN ACT concerning the Olympic Games.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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ARTICLE 1. | ||||
Section 1-1. Short title. This Act may be cited as the 2016 | ||||
Olympic and Paralympic Games Act. | ||||
ARTICLE 5. | ||||
Section 5-1. Article title. This Article may be cited as | ||||
the Olympic Games and Paralympic Games (2016) Law. | ||||
Section 5-5. Definitions. For purposes of this Article: | ||||
"Bid committee" means Chicago 2016, a local organizing | ||||
committee that has been incorporated as a not-for-profit | ||||
corporation, that is authorized by the candidate city to submit | ||||
a bid on the candidate city's behalf to the IOC for selection | ||||
as the host city for the games, and that may serve as (or help | ||||
form) the OCOG if the candidate city is selected as the host | ||||
city for the games. | ||||
"Candidate city" means the City of Chicago, which has been | ||||
selected as a candidate by the IOC to be host city of the | ||||
games. |
"Competition venues" means, collectively, the venues or | ||
facilities to be used for competition and related activities | ||
(including, without limitation, training activities) for the | ||
games as may be determined by the IOC, the USOC, or the OCOG or | ||
the candidate city. | ||
"Games" means the 2016 Olympic and Paralympic Games. | ||
"Governor" means the Governor of Illinois. | ||
"IOC" means the International Olympic Committee. | ||
"IPC" means the International Paralympic Committee. | ||
"Net financial deficit" means any financial deficit of the | ||
OCOG or resulting from the conduct of the games. | ||
"Non-competition venues" means, collectively, the venues | ||
or facilities to be used for non-competition activities | ||
(including, without limitation, live sites, hospitality sites, | ||
and administrative and operational offices) for the games as | ||
determined by the OCOG or the candidate city, or both, and | ||
subject to the reasonable approval of the State. | ||
"OCOG" means the bid committee, as the same may be | ||
reorganized or reconstituted if the candidate city is selected | ||
as the host city for the games, or another not-for-profit | ||
corporation that serves as the organizing committee for the | ||
games and to be established by the candidate city and the bid | ||
committee. | ||
"Olympic properties" means, collectively, (1) the | ||
properties on which the venues will be located and that are | ||
owned or controlled by the State and (2) the Olympic ancillary |
properties. | ||
"Olympic ancillary properties" means all public | ||
rights-of-ways or public areas that are owned or controlled by | ||
the State (or over which it has jurisdiction), including but | ||
not limited to streets, highways, sidewalks, alleys, | ||
waterways, parks, and bridges necessary and appropriate to the | ||
staging of the games as determined by the OCOG or the candidate | ||
city, or both, and subject to the reasonable approval of the | ||
State. | ||
"State" means the State of Illinois. | ||
"State indemnification obligation" means the obligation of | ||
the State to indemnify the IOC, IPC or USOC, or a combination | ||
of those entities, against claims of, and liabilities to, third | ||
parties relating to the games, as described in this Article. | ||
"USOC" means the United States Olympic Committee. | ||
"Venues" means, collectively, the competition venues and | ||
non-competition venues. | ||
Section 5-10. Governmental Cooperation. | ||
(a) The State, in accordance with law and to the extent of | ||
the State's authority, and subject to the limitations of this | ||
Article: | ||
(1) guarantees that the candidate city, working in | ||
partnership with the OCOG, shall be the primary and lead | ||
governmental authority for the planning, organization, and | ||
hosting of the games; |
(2) guarantees that the candidate city shall be the | ||
primary and lead governmental authority for the planning, | ||
organization, and delivery of public services specific to | ||
the games; | ||
(3) guarantees that the State shall designate a | ||
representative (designated as a games liaison) to be the | ||
primary point of contact for the State to the candidate | ||
city and the OCOG for purposes of intergovernmental | ||
coordination in connection with the games; | ||
(4) guarantees the State's respect of the Olympic | ||
Charter and the Host City Contract promulgated by the IOC; | ||
(5) agrees that all representations, warranties, and | ||
covenants set forth in this Article as well as any written | ||
commitments made by the State regarding the games shall be | ||
binding on the State; | ||
(6) guarantees that the State will take all necessary | ||
measures in order that it fulfill its obligations | ||
completely under this Article and any written commitments | ||
made by the State to the IOC; | ||
(7) declares and confirms that no other important | ||
national or international meeting or event will take place | ||
in the vicinity of the venues during the period one week | ||
before through one week after the games; | ||
(8) guarantees that all construction work necessary | ||
for the organization of the games within the State, to the | ||
extent permitted or authorized by the State, will comply |
with (i) local, regional, and national environmental | ||
regulations and acts and (ii) international agreements and | ||
protocols to which the United States is a party regarding | ||
planning, construction, and protection of the environment; | ||
(9) guarantees that it shall provide or cause to be | ||
provided all security, medical, and other | ||
government-related services that the State customarily | ||
provides for comparable large-scale events and that are | ||
necessary for the successful planning, organization, and | ||
staging of the portions of the games within the State, at | ||
no cost to the OCOG; | ||
(10) agrees to take such action as may be required by | ||
law, and to be effective for the period not later than | ||
January 1, 2010 and through the end of the games, to | ||
suspend or waive the imposition and collection of fees and | ||
charges otherwise imposed and collected by or on behalf of | ||
the State for permits and licenses issued to the OCOG | ||
applicable to the design, development, construction, and | ||
operation or use of the venues and properties related to | ||
the games; | ||
(11) agrees to cooperate with the candidate city, the | ||
bid committee and the OCOG, as well as local, regional, and | ||
national business, trade, and service organizations in | ||
order to promote and encourage, to the extent permitted by | ||
law, the charging of ordinary and customary prices for | ||
goods and services associated with the games within the |
State (including, but not limited to, hotel rates, | ||
restaurants, and related services) for anyone attending | ||
the games, including non-accredited spectators; | ||
(12) agrees that, if requested by the candidate city, | ||
the bid committee, or the OCOG, it shall permit any member | ||
of the General Assembly to introduce legislation necessary | ||
to: (i) effectively reduce and sanction ambush marketing, | ||
(ii) eliminate illegal street vending during the period | ||
beginning 2 weeks before the games through the end of the | ||
games; and (iii) control advertising space (including, but | ||
not limited to, billboards and advertising on public | ||
transport) as well as air space and that any such | ||
legislation will be introduced as soon as possible but no | ||
later than January 1, 2014; | ||
(13) agrees that it shall not engage in any marketing, | ||
commercial, or signage program in relation to the games | ||
without the prior written consent of the IOC; | ||
(14) agrees that it shall coordinate and cooperate with | ||
the candidate city and the OCOG concerning a "Look of the | ||
Games" program; | ||
(15) agrees that it will cooperate with the OCOG and | ||
the candidate city (including any applicable candidate | ||
city commission) in preventing ambush marketing at the | ||
games within the State; | ||
(16) agrees to enter into a binding option agreement | ||
with the bid committee or the OCOG to provide the OCOG with |
the rights to any and all existing or hereafter developed | ||
outdoor commercial advertising space (including | ||
billboards) owned or controlled by the State and located | ||
within the vicinity of any Olympic properties, which | ||
agreement shall provide, among other things, that such | ||
advertising space will be available at the OCOG's option | ||
for a 12-week period encompassing the games at 2008 best | ||
commercial prices adjusted only for inflation; | ||
(17) except as may be provided in any other agreement | ||
between the State and the candidate city, the bid | ||
committee, or the OCOG, agrees to make all of its | ||
non-competition and Olympic ancillary properties available | ||
at no cost to the OCOG; | ||
(18) guarantees that the accessibility standards to be | ||
applied for the Paralympic Games shall include the | ||
Americans with Disabilities Act, the Fair Housing Act, the | ||
Illinois Environmental Barriers Act (and its implementing | ||
regulations, the Illinois Accessibility Code), and the | ||
Illinois Human Rights Act; | ||
(19) shall cooperate with the OCOG to assure that | ||
accessibility will be fully integrated into the planning of | ||
the Paralympic Games comprising part of the games; and | ||
(20) agrees to the formation and authority of the | ||
Chicago Olympic Public Safety Command. | ||
(b) In the event of a conflict between any provision of | ||
this Act and any provision of any written commitments made by |
the State regarding the games, this Act shall prevail and | ||
control as to the State. | ||
(c) The bid committee and the OCOG shall provide any | ||
information reasonably requested by the State, with copies to | ||
the leaders of both houses of the General Assembly, to assist | ||
in reviewing the provisions of and performance under this | ||
Article. | ||
(d) Nothing in this Article shall be construed as impairing | ||
the Governor's constitutional authority. | ||
Section 5-15. State indemnification obligation and net | ||
financial deficit. | ||
(a) Solely through the funds contained in the Olympic Games | ||
and Paralympic Games Trust Fund created by this Article, the | ||
State shall be liable to the IOC, the IPC, and the USOC for: | ||
(1) the State indemnification obligation; and | ||
(2) any net financial deficit. | ||
The State's liability for the State indemnification | ||
obligation and any net financial deficit shall be subject to | ||
the terms of this Section of this Article. | ||
(b) The State shall not make any payments with respect to | ||
the State indemnification obligation or any net financial | ||
deficit until and after (i) all bid committee and all OCOG net | ||
operating revenues, surplus, reserves, contingencies, | ||
receivables, funds, and other available assets and security | ||
have been fully expended and (ii) the candidate city has first |
paid at least $250,000,000 in the aggregate towards amounts | ||
that would give rise to a State indemnification obligation or a | ||
net financial deficit payment obligation on the State's part, | ||
or both. | ||
(c) Any financial commitments of the State under this | ||
Section shall be satisfied exclusively by recourse to the | ||
Olympic Games and Paralympic Games Trust Fund. | ||
(d) Any financial commitments of the State under this | ||
Section shall not exceed $250,000,000 in the aggregate. | ||
Section 5-20. Olympic Games and Paralympic Games Trust | ||
Fund. | ||
(a) The Olympic Games and Paralympic Games Trust Fund is | ||
created as a special fund in the State Treasury. | ||
(b) The State may choose to fund the Olympic Games and | ||
Paralympic Games Trust Fund in any manner it considers | ||
appropriate, and at such time or times the State determines | ||
necessary. By the beginning of State fiscal year 2016, the | ||
State shall appropriate sums of money to the Olympic Games and | ||
Paralympic Games Trust Fund to provide security for the State | ||
indemnification obligation and the net financial deficit. | ||
(c) The moneys in the Olympic Games and Paralympic Games | ||
Trust Fund may be used only for the sole purpose of fulfilling | ||
the obligations of the State pursuant to the State | ||
indemnification obligation and any net financial deficit. For | ||
each dollar that is expended from the Olympic Games and |
Paralympic Games Trust Fund, the State shall expend an | ||
equivalent amount of State funds for road projects outside of | ||
the county in which the candidate city is located. | ||
(d) No additional State funds shall be deposited into the | ||
Olympic Games and Paralympic Games Trust Fund once the Governor | ||
determines that the fund has achieved, or is reasonably | ||
expected to otherwise accrue, a sufficient balance to provide | ||
adequate security, acceptable to the IOC, to demonstrate the | ||
State's ability to fulfill its obligations to satisfy the State | ||
indemnification obligation and any net financial deficit | ||
payment obligation. | ||
(e) If the candidate city is selected as the host city for | ||
the games, the Olympic Games and Paralympic Games Trust Fund | ||
shall be maintained until a determination by the Governor is | ||
made that the State's obligations to satisfy the State | ||
indemnification obligation and to be liable for any net | ||
financial deficit are satisfied and concluded, at which time | ||
the fund shall be terminated. | ||
(f) Upon the termination of the Olympic Games and | ||
Paralympic Games Trust Fund, all sums earmarked, transferred, | ||
or contained in the fund, along with any investment earnings | ||
retained in the fund, shall immediately revert to the General | ||
Revenue Fund. | ||
Section 5-25. Fund as security; liability. Any moneys | ||
deposited, transferred, or otherwise contained in the Olympic |
Games and Paralympic Games Trust Fund shall be, upon | ||
appropriation by the General Assembly, used for the sole | ||
purpose of providing adequate security, acceptable to the IOC, | ||
to demonstrate the State's ability to satisfy its State | ||
indemnification obligation and to be liable for any net | ||
financial deficit. The security may be provided by moneys | ||
contained in the Fund as provided in Section 5-20, or by | ||
insurance coverage, letters of credit, or other acceptable | ||
secured instruments purchased or secured by the moneys, or by | ||
any combination thereof. | ||
Section 5-30. Insurance. The bid committee and the OCOG | ||
shall list the State and the candidate city as additional | ||
insureds on any policy of insurance purchased by the bid | ||
committee or the OCOG to be in effect in connection with the | ||
preparation for and conduct of the games. | ||
Section 5-35. Bid committee and OCOG responsibilities. The | ||
bid committee and the OCOG may not engage in any conduct that | ||
reflects unfavorably upon the State, the candidate city, or the | ||
games, or that is contrary to law or to the rules and | ||
regulations of the IOC, IPC, or USOC. | ||
Section 5-40. Authority of the Governor. Subject to the | ||
limitations of this Article, including but not limited to those | ||
contained in Section 5-15, the Governor, or his or her |
designee, on behalf of the State, may execute such other | ||
agreements or contracts as may be required by the OCOG, the | ||
USOC, the IOC, or the IPC in connection with the candidate city | ||
and bid committee's bid to host the Games. | ||
Section 5-42. Diversity program. | ||
(a) The OCOG shall establish and maintain a diversity | ||
program to ensure non-discrimination in the award of contracts | ||
by the OCOG and the administration of those contracts. To the | ||
maximum extent permitted by law, the OCOG shall establish goals | ||
as part of the program of awarding not less than 25% of the | ||
annual dollar value of all contracts, purchase orders, or other | ||
agreements (collectively referred to as "the contracts") to | ||
minority owned businesses or businesses owned by a person with | ||
a disability, and 5% of the annual dollar value of the | ||
contracts to female owned businesses. The subject of the | ||
contracts includes, but is not limited to, the purchase of | ||
professional services, construction services, supplies, | ||
materials, and equipment. Recognizing that the planning, | ||
organization, and staging of the games is a unique undertaking, | ||
the goals established in this subsection shall exclude: all | ||
contracts, purchase orders, or other agreements that (i) must | ||
be awarded to a specific source as a result of the OCOG's legal | ||
obligations to the USOC or IOC or its official tier 1, tier 2 | ||
or tier 3 sponsors, (ii) the OCOG awards to a unique or limited | ||
supplier of a product, equipment, or service required for the |
games, or (iii) the payments under which are passed through to | ||
other constituencies involved in or attending the games (such | ||
as under the games accommodation program). If, however, the | ||
OCOG awards any contracts, purchase orders, or other agreements | ||
described in items (i) through (iii) to a minority-owned | ||
business, business owned by a person with a disability, or a | ||
female-owned business, those contracts shall be considered | ||
towards the goals described in this subsection. | ||
(b) For purposes of this Section, the terms "minority owned | ||
business", "business owned by a person with a disability", and | ||
"female owned business" have the meanings given to those terms | ||
in the Business Enterprise for Minorities, Females, and Persons | ||
with Disabilities Act. For purposes of meeting the goals of | ||
this Section, the State shall recognize OCOG contracts | ||
performed in the candidate city that are awarded to | ||
minority-owned business enterprises, business enterprises | ||
owned by persons with disabilities, or women-owned business | ||
enterprises, as those terms are defined in the municipal code | ||
of the candidate city. | ||
(c) The OCOG shall establish and maintain a diversity | ||
program designed to promote equal employment opportunity with | ||
respect to its management and operations. The program shall | ||
include a plan, including timetables, as appropriate, that | ||
specify goals and methods for increasing participation by | ||
women, minorities, and persons with disabilities in those | ||
employment opportunities. |
(d) Beginning on January 1, 2011, and each year thereafter | ||
until the completion of the games, the OCOG shall issue a | ||
written report to the Governor, President of the Senate, | ||
Minority Leader of the Senate, Speaker of the House of | ||
Representatives, Minority Leader of the House of | ||
Representatives, mayor of the candidate city, and city council | ||
of the candidate city providing the number of respective | ||
employees who have designated themselves as members of a | ||
minority group, as persons with a disability, or as women. The | ||
report shall also describe in detail the OCOG's compliance with | ||
the requirements of subsections (a) and (c) of this Section. | ||
(e) The Diversity Program Commission is created to monitor, | ||
review, and report on minority, female, and persons with | ||
disabilities contracting and employment related to the | ||
planning, organization, and staging of the games. The | ||
Commission shall consist of 2 members appointed by the | ||
Governor, 2 members appointed by the President of the Senate, 2 | ||
members appointed by the Minority Leader of the Senate, 2 | ||
members appointed by the Speaker of the House of | ||
Representatives, 2 members appointed by the Minority Leader of | ||
the House of Representatives, one member appointed by the | ||
Metropolitan Pier and Exposition Authority Board, one member | ||
appointed by the Board of Trustees of the University of | ||
Illinois, one member appointed by the Board of Commissioners of | ||
the Chicago Park District, 5 members appointed by the mayor of | ||
the candidate city, and 5 representatives of the OCOG's |
outreach advisory council appointed by the other members of the | ||
Commission upon an affirmative vote of at least 10 of those | ||
other members. All appointments shall be made by January 1, | ||
2011. The State encourages all parties with the power to | ||
appoint members to the Commission to take into account a broad | ||
range of experience, including but not limited to experience in | ||
government, small business ownership or management, civic or | ||
community involvement, and advocacy of equal opportunity for | ||
minorities, women, and the disabled in employment and | ||
contracting. Beginning on January 1, 2012, and each year | ||
thereafter until the completion of the games, the Commission | ||
shall file a written report with the OCOG, the General | ||
Assembly, the Governor, the mayor of the candidate city, and | ||
the city council of the candidate city regarding compliance | ||
with the diversity requirements of this Article. The Commission | ||
may file a supplemental report at any time. The Commission | ||
shall elect its own chairperson, and Commission members shall | ||
serve without compensation. | ||
The Commission shall meet quarterly and as needed. The | ||
Commission shall also meet within one week after the issuance | ||
of the reports required under this subsection to, among other | ||
things, discuss whether or not: (i) the OCOG is in compliance | ||
with the requirements of this Section; (ii) the Metropolitan | ||
Pier and Exposition Authority is in compliance with Section | ||
23.1 of the Metropolitan Pier and Exposition Authority Act as | ||
amended in this Article; (iii) the University of Illinois is in |
compliance with Section 4 of the Business Enterprise for | ||
Minorities, Females, and Persons with Disabilities Act and | ||
Section 1.1 of the University of Illinois at Chicago Act as | ||
amended in this Article; and (iv) the Chicago Park District is | ||
in compliance with Section 7.07 of the Chicago Park District | ||
Act as amended in this Article. | ||
The Commission shall include in any report required under | ||
this subsection, among other things: (i) a list that sets forth | ||
each person or entity awarded a contract that is the subject of | ||
the diversity program described in this Section by the OCOG, | ||
the Metropolitan Pier and Exposition Authority, the University | ||
of Illinois, and the Chicago Park District and the name, | ||
address, contact information, and total dollar amount of the | ||
contract or contracts; and (ii) a determination of whether the | ||
OCOG, the Metropolitan Pier and Exposition Authority, the | ||
University of Illinois, and the Chicago Park District are in | ||
compliance with their respective obligations. If in any | ||
reporting period the OCOG, the Metropolitan Pier and Exposition | ||
Authority, the University of Illinois, or the Chicago Park | ||
District is not in compliance with its respective obligations, | ||
then each that is not in compliance shall file with the | ||
Commission within 14 business days a written explanation | ||
setting forth the reason or reasons for noncompliance. The | ||
Commission shall then meet within one week after receiving the | ||
written explanations to discuss the stated reason or reasons | ||
for noncompliance. |
The OCOG, the Metropolitan Pier and Exposition Authority, | ||
the University of Illinois, and the Chicago Park District shall | ||
cooperate with the Commission and provide the Commission with | ||
requested information, unless disclosure is prohibited by law. | ||
Section 5-43. OCOG membership diversity. The State | ||
encourages all parties with the power to appoint members to the | ||
OCOG Board of Directors to take into account the racial and | ||
ethnic diversity of the candidate city in making such | ||
appointments. | ||
Section 5-45. Inoperability. | ||
(a) If the candidate city terminates its candidacy to | ||
become the host city for the games, then this Article is | ||
inoperable upon that termination. | ||
(b) If the IOC does not select the candidate city as the | ||
host city for the games on or before December 1, 2009, then | ||
this Article is inoperable on and after that date. | ||
Section 5-95. The State Finance Act is amended by adding | ||
Sections 5.719 and 6z-80 as follows: | ||
(30 ILCS 105/5.719 new) | ||
Sec. 5.719. The Olympic Games and Paralympic Games Trust | ||
Fund. |
(30 ILCS 105/6z-80 new) | ||
Sec. 6z-80. Appropriations from the Olympic Games and | ||
Paralympic Games Trust Fund. The Olympic Games and Paralympic | ||
Games Trust Fund is created as a special fund in the State | ||
treasury. Subject to appropriation, all money in the Olympic | ||
Games and Paralympic Games Trust Fund must be used to make | ||
payments required under the Olympic Games and Paralympic Games | ||
(2016) Law. | ||
Section 5-96. The Business Enterprise for Minorities, | ||
Females, and Persons with
Disabilities Act is amended by | ||
changing Section 4 as follows:
| ||
(30 ILCS 575/4) (from Ch. 127, par. 132.604)
| ||
(Section scheduled to be repealed on June 30, 2010)
| ||
Sec. 4. Award of State contracts.
| ||
(a) Except as provided in subsections subsection (b) and | ||
(c) , not less than 12% of
the total dollar amount of State | ||
contracts, as defined by the Secretary of
the Council and | ||
approved by the Council, shall be established as a goal to
be | ||
awarded to businesses owned by minorities,
females, and persons | ||
with disabilities; provided, however, that
contracts | ||
representing at least five-twelfths of the total amount of all
| ||
State contracts awarded to businesses owned by
minorities, | ||
females, and persons with disabilities pursuant to
this Section | ||
shall be awarded to female owned businesses, and that
contracts |
representing at least one-sixth of the total amount of all | ||
State
contracts awarded to businesses owned by
minorities, | ||
females, and persons with disabilities pursuant to this
Section | ||
shall be awarded to businesses owned by persons
with | ||
disabilities.
| ||
The above percentage relates to the total dollar amount of | ||
State
contracts during each State fiscal year, calculated by | ||
examining
independently each type of contract for each agency | ||
or university which
lets such contracts. Only that percentage | ||
of arrangements which represents the participation of | ||
businesses owned by
minorities, females, and persons with | ||
disabilities on such contracts shall
be included.
| ||
(b) In the case of State construction contracts, the | ||
provisions of
subsection (a) requiring a portion of State | ||
contracts to be awarded to
businesses owned and controlled by | ||
persons with
disabilities do not apply. Not less
than 10% of | ||
the total dollar amount of State construction contracts is
| ||
established as a goal to be awarded to minority and female | ||
owned
businesses, and contracts representing 50% of the amount | ||
of all State
construction contracts awarded to minority and | ||
female owned businesses
shall be awarded to female owned | ||
businesses.
| ||
(c) In the case of all work undertaken by the University of | ||
Illinois related to the planning, organization, and staging of | ||
the games, the University of Illinois shall establish a goal of | ||
awarding not less than 25% of the annual dollar value of all |
contracts, purchase orders, and other agreements (collectively | ||
referred to as "the contracts") to minority-owned businesses or | ||
businesses owned by a person with a disability and 5% of the | ||
annual dollar value the contracts to female-owned businesses. | ||
For purposes of this subsection, the term "games" has the | ||
meaning set forth in the Olympic Games and Paralympic Games | ||
(2016) Law. | ||
(Source: P.A. 87-701; 88-597, eff. 8-28-94 .)
| ||
Section 5-97. The State Mandates Act is amended by adding | ||
Section 8.33 as follows: | ||
(30 ILCS 805/8.33 new)
| ||
Sec. 8.33. Exempt mandate. Notwithstanding the provisions | ||
of Sections 6 and 8 of this Act, no reimbursement by the State | ||
is required for the implementation of Section 5-42 of the | ||
Olympic Games and Paralympic Games (2016) Law.
| ||
Section 95-98. The Metropolitan Pier and Exposition | ||
Authority Act is amended by changing Section 23.1 as follows:
| ||
(70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
| ||
Sec. 23.1. Affirmative action.
| ||
(a) The Authority shall, within 90 days after the effective
| ||
date of this amendatory Act of 1984, establish and maintain an | ||
affirmative
action program designed to promote equal |
employment opportunity and
eliminate the effects of past | ||
discrimination. Such program shall include a
plan, including | ||
timetables where appropriate, which shall specify goals
and | ||
methods for increasing participation by women and minorities in
| ||
employment , including employment related to the planning, | ||
organization, and staging of the games, by the Authority and by | ||
parties which contract with the Authority.
The Authority shall | ||
submit a detailed plan with the General Assembly prior
to | ||
September 1 of each year. Such program shall also establish | ||
procedures and
sanctions (including debarment), which the | ||
Authority shall enforce to
ensure compliance with the plan | ||
established pursuant to this Section and
with State and federal | ||
laws and regulations relating to the employment of
women and | ||
minorities. A determination by the Authority as to whether a
| ||
party to a contract with the Authority has achieved the goals | ||
or employed
the methods for increasing participation by women | ||
and minorities shall be
determined in accordance with the terms | ||
of such contracts or the applicable
provisions of rules and | ||
regulations of the Authority existing at the time
such contract | ||
was executed, including any provisions for consideration of
| ||
good faith efforts at compliance which the Authority may | ||
reasonably adopt.
| ||
(b) The Authority shall adopt and maintain minority and
| ||
female owned business enterprise procurement programs under | ||
the affirmative
action program described in subsection (a) for | ||
any and all work , including all contracting related to the |
planning, organization, and staging of the games, undertaken
by | ||
the Authority. That work shall include, but is not limited to, | ||
the
purchase of professional services, construction services, | ||
supplies,
materials, and equipment. The programs shall | ||
establish goals of awarding
not less than 25% of the annual | ||
dollar value of all contracts, purchase
orders, or other | ||
agreements (collectively referred to as "contracts") to
| ||
minority owned businesses and 5% of the annual dollar value of | ||
all
contracts to female owned businesses. Without limiting the | ||
generality of
the foregoing, the programs shall require in | ||
connection with the
prequalification or consideration of | ||
vendors for professional service
contracts, construction | ||
contracts, and contracts for supplies, materials,
equipment, | ||
and services that each proposer or bidder submit as part of his
| ||
or her proposal or bid a commitment detailing how he or she | ||
will expend 25%
or more of the dollar value of his or her | ||
contracts with one or more
minority owned businesses and 5% or | ||
more of the dollar value with one or
more female owned | ||
businesses. Bids or proposals that do not include such
detailed | ||
commitments are not responsive and shall be rejected unless the
| ||
Authority deems it appropriate to grant a waiver of these | ||
requirements. In
addition the Authority may, in connection with | ||
the selection of providers
of professional services, reserve | ||
the right to select a minority or female
owned business or | ||
businesses to fulfill the commitment to minority and
female | ||
business participation. The commitment to minority and female
|
business participation may be met by the contractor or | ||
professional service
provider's status as a minority or female | ||
owned business, by joint venture
or by subcontracting a portion | ||
of the work with or purchasing materials for
the work from one | ||
or more such businesses, or by any combination thereof.
Each | ||
contract shall require the contractor or provider to submit a
| ||
certified monthly report detailing the status of that | ||
contractor or
provider's compliance with the Authority's | ||
minority and female owned
business enterprise procurement | ||
program. The Authority, after reviewing
the monthly reports of | ||
the contractors and providers, shall
compile a comprehensive | ||
report regarding compliance with this procurement
program and | ||
file it quarterly with the General Assembly. If, in connection
| ||
with a particular contract, the Authority determines that it is
| ||
impracticable or excessively costly to obtain minority or | ||
female owned
businesses to perform sufficient work to fulfill | ||
the commitment required by
this subsection, the Authority shall | ||
reduce or waive the commitment in the
contract, as may be | ||
appropriate. The Authority shall establish rules and
| ||
regulations setting forth the standards to be used in | ||
determining whether
or not a reduction or waiver is | ||
appropriate. The terms "minority owned
business" and "female | ||
owned business" have the meanings given to those
terms in the | ||
Business Enterprise for Minorities,
Females, and Persons with | ||
Disabilities Act.
| ||
(c) The Authority shall adopt and maintain an affirmative
|
action program in connection with the hiring
of minorities and | ||
women on the Expansion Project and on any and all
construction | ||
projects , including all contracting related to the planning, | ||
organization, and staging of the games, undertaken by the | ||
Authority. The program shall be
designed to promote equal | ||
employment opportunity and shall specify the
goals and methods | ||
for increasing the participation of minorities and women
in a | ||
representative mix of job classifications required to perform | ||
the
respective contracts awarded by the Authority.
| ||
(d) In connection with the Expansion Project, the Authority | ||
shall
incorporate the following elements into its minority and | ||
female owned
business procurement programs to the extent | ||
feasible: (1) a major
contractors program that permits minority | ||
owned businesses and female owned
businesses to bear | ||
significant responsibility and risk for a portion of the
| ||
project; (2) a mentor/protege program that provides financial, | ||
technical,
managerial, equipment, and personnel support to | ||
minority owned businesses
and female owned businesses; (3) an | ||
emerging firms program that includes
minority owned businesses | ||
and female owned businesses that would not
otherwise qualify | ||
for the project due to inexperience or limited resources;
(4) a | ||
small projects program that includes participation by smaller
| ||
minority owned businesses and female owned businesses on jobs | ||
where the
total dollar value is $5,000,000 or less; and (5) a | ||
set-aside program that
will identify contracts requiring the | ||
expenditure of funds less than
$50,000 for bids to be submitted |
solely by minority owned businesses and
female owned | ||
businesses.
| ||
(e) The Authority is authorized to enter into agreements | ||
with
contractors' associations, labor unions, and the | ||
contractors working on the
Expansion Project to establish an | ||
Apprenticeship Preparedness Training
Program to provide for an | ||
increase in the number of minority and female
journeymen and | ||
apprentices in the building trades and to enter into
agreements | ||
with Community College District 508 to provide readiness | ||
training.
The Authority is further authorized to enter into | ||
contracts with public and
private educational institutions and | ||
persons in the hospitality industry to
provide training for | ||
employment in the hospitality industry.
| ||
(f) McCormick Place Advisory Board. There is created a | ||
McCormick Place
Advisory Board composed as follows:
2 members | ||
shall be appointed by the Mayor of Chicago;
2 members shall be | ||
appointed by the Governor;
2 members shall be State Senators | ||
appointed by the President of the Senate;
2 members shall be | ||
State Senators appointed by the Minority Leader of the
Senate;
| ||
2 members shall be State Representatives appointed by the | ||
Speaker of the House
of Representatives; and
2 members shall be | ||
State Representatives appointed by the Minority Leader of
the | ||
House of Representatives.
The terms of all previously appointed | ||
members of the Advisory Board expire on
the effective date of | ||
this amendatory Act of the 92nd General Assembly. A
State | ||
Senator or State Representative member may appoint a designee |
to serve
on the McCormick Place Advisory Board in his or her | ||
absence.
| ||
A "member of a minority group" shall mean a person who is a | ||
citizen or
lawful permanent resident of the United States and | ||
who is
| ||
(1) Black (a person having origins in any of the black | ||
racial
groups in Africa);
| ||
(2) Hispanic (a person of Spanish or Portuguese culture | ||
with origins
in Mexico, South or Central America, or the | ||
Caribbean Islands, regardless
of race);
| ||
(3) Asian American (a person having origins in any of | ||
the original
peoples of the Far East, Southeast Asia, the | ||
Indian Subcontinent, or the
Pacific Islands); or
| ||
(4) American Indian or Alaskan Native (a person having | ||
origins in any
of the original peoples of North America).
| ||
Members of the McCormick Place Advisory Board shall serve | ||
2-year terms
and until their successors are appointed, except | ||
members who serve as a
result of their elected position whose | ||
terms shall continue as long as
they hold their designated | ||
elected positions. Vacancies shall be filled by
appointment for | ||
the unexpired term in the same manner as original
appointments | ||
are made. The McCormick Place Advisory Board shall elect
its | ||
own chairperson.
| ||
Members of the McCormick Place Advisory Board shall serve | ||
without
compensation but, at the Authority's discretion, shall | ||
be reimbursed for
necessary expenses in connection with the |
performance of their duties.
| ||
The McCormick Place Advisory Board shall meet quarterly, or | ||
as needed,
shall produce any reports it deems necessary, and | ||
shall:
| ||
(1) Work with the Authority on ways to improve the area | ||
physically
and economically;
| ||
(2) Work with the Authority regarding potential means | ||
for providing
increased economic opportunities to | ||
minorities and women produced
indirectly or directly from | ||
the construction and operation of the
Expansion Project;
| ||
(3) Work with the Authority to minimize any potential | ||
impact on the
area surrounding the McCormick Place | ||
Expansion Project, including any
impact on minority or | ||
female owned businesses, resulting from the
construction | ||
and operation of the Expansion Project;
| ||
(4) Work with the Authority to find candidates for | ||
building trades
apprenticeships, for employment in the | ||
hospitality industry, and to identify
job training | ||
programs;
| ||
(5) Work with the Authority to implement the provisions | ||
of subsections
(a) through (e) of this Section in the | ||
construction of the Expansion
Project, including the | ||
Authority's goal of awarding not less than 25% and
5% of | ||
the annual dollar value of contracts to minority and female | ||
owned
businesses, the outreach program for minorities and | ||
women, and the
mentor/protege program for providing |
assistance to minority and female
owned businesses.
| ||
(g) The Authority shall comply with subsection (e) of | ||
Section 5-42 of the Olympic Games and Paralympic Games (2016) | ||
Law. For purposes of this Section, the term "games" has the | ||
meaning set forth in the Olympic Games and Paralympic Games | ||
(2016) Law. | ||
(Source: P.A. 91-422, eff. 1-1-00; 92-16, eff. 6-28-01; 92-208, | ||
eff.
8-2-01.)
| ||
Section 95-99. The Chicago Park District Act is amended by | ||
adding Section 7.07 as follows: | ||
(70 ILCS 1505/7.07 new) | ||
Sec. 7.07. Olympic and paralympic games; contracts and | ||
employment. | ||
(a) All contracting and employment related to the planning, | ||
organization, and staging of the games shall be subject to all | ||
applicable ordinances contained in the Code of the Chicago Park | ||
District, including but not limited to Chapter I (General | ||
Provisions and Definitions), Chapter IV (Human Rights), | ||
Chapter V (Personnel), and Chapter XI (Purchasing and | ||
Contracting). | ||
(b) The Chicago Park District shall comply with subsection | ||
(e) of Section 5-42 of the Olympic Games and Paralympic Games | ||
(2016) Law. | ||
(c) For purposes of this Section, the term "games" has the |
meaning set forth in the Olympic Games and Paralympic Games | ||
(2016) Law. | ||
Section 95-100. The University of Illinois at Chicago Act | ||
is amended by adding Section 1.1 as follows: | ||
(110 ILCS 320/1.1 new) | ||
Sec. 1.1. Olympic and paralympic games; contracting and | ||
employment. | ||
(a) All contracting and employment related to the planning, | ||
organization, and staging of the games shall be subject to all | ||
applicable laws, policies, and statements, including but not | ||
limited to Section 4 of the Business Enterprise for Minorities, | ||
Females, and Persons with Disabilities Act and the Statement of | ||
Reaffirmation, Affirmative Action in Employment, University of | ||
Illinois at Chicago, June 2008. The University shall comply | ||
with subsection (e) of Section 5-42 of the Olympic Games and | ||
Paralympic Games (2016) Law. | ||
(b) For purposes of this Section, the term "games" has the | ||
meaning set forth in the Olympic Games and Paralympic Games | ||
(2016) Law. | ||
ARTICLE 10. | ||
Section 10-1. Article title. This Article may be cited as | ||
the Olympic Public Safety Law. |
Section 10-5. Purpose. As part of the bid to host the 2016 | ||
Olympic and Paralympic Games in Chicago, this Article provides | ||
for the creation of a commission, known as the Chicago Olympic | ||
Public Safety Command, or COPSC, that will engage in security | ||
and public safety planning, management, and administration if | ||
Chicago is selected as the host city for the 2016 Olympic and | ||
Paralympic Games. In the event of such selection, it is | ||
intended that COPSC will contribute to the achievement of the | ||
following objectives: foster the intergovernmental cooperation | ||
of local, State, and federal public safety agencies in | ||
providing for the public safety of the Olympic and Paralympic | ||
Games; develop a comprehensive security and public safety plan; | ||
create a unified chain of command; and implement an effective | ||
and efficient public safety and security operation that does | ||
not compromise the celebratory spirit of the Olympic and | ||
Paralympic Games. | ||
Section 10-10. Definitions. As used in this Article: | ||
"Chicago 2016" means Chicago 2016, an Illinois | ||
not-for-profit corporation formed to bid for the opportunity of | ||
hosting the Olympic and Paralympic Games, or as the context | ||
requires, a successor in interest to Chicago 2016, such as an | ||
organizing committee for the Olympic and Paralympic Games | ||
formed after the selection of Chicago as the host city for that | ||
event. |
"COPSC" means the Chicago Olympic Public Safety Command | ||
contemplated in Section 10-15. | ||
"COPSC Chairperson" means the Chairperson of COPSC. | ||
"ESG" means Executive Strategy Group of COPSC. | ||
"Law enforcement and public safety services" includes | ||
programs and services to, among other things: | ||
(1) provide for crowd and traffic safety; | ||
(2) suppress or reduce crime; | ||
(3) provide for or assist in criminal investigation; | ||
(4) provide forensic, communications, and records | ||
support services; | ||
(5) facilitate intelligence and information sharing | ||
among federal, State, and local authorities and with | ||
relevant private sector participants; | ||
(6) deter and disrupt terrorism activity related to the | ||
Olympic and Paralympic Games through aggressive | ||
investigation and prosecution; | ||
(7) assure that the organizational structure and plans | ||
exist to effectively prepare for, and respond to, any | ||
terrorist incidents or other emergencies in the State | ||
related to the Olympic and Paralympic Games; and | ||
(8) assure that public safety plans are coordinated and | ||
integrated with the operations plans of Chicago 2016 for | ||
the Olympic and Paralympic Games. | ||
"Local law enforcement agency" means any political | ||
subdivision of the State or an agency of a political |
subdivision that exists primarily to deter and detect crime and | ||
enforce criminal laws, statutes, and ordinances. | ||
"Local public safety agency" means a political subdivision | ||
of the State or an agency of a political subdivision of the | ||
State that exists to provide: | ||
(1) fire service; | ||
(2) emergency medical services; or | ||
(3) emergency management and communication. | ||
"Olympic and Paralympic Games" means the 2016 Olympic and | ||
Paralympic Games that may be hosted by the City of Chicago. | ||
"Period of the Olympic and Paralympic Games" means the | ||
period commencing 21 days before the opening ceremony of the | ||
2016 Olympic Games and concluding 14 days after the closing | ||
ceremony of the 2016 Paralympic Games. | ||
"State" means the State of Illinois. | ||
"State agency" means any department, division, commission, | ||
council, board, bureau, committee, institution, government, | ||
corporation, or other establishment or official of the State, | ||
except the Legislature, and for purposes of this Article | ||
includes a State institution of higher education. | ||
"State law enforcement agency" means any entity | ||
administered by the State that exists primarily to deter and | ||
detect crime and enforce criminal laws, statutes, and | ||
ordinances. | ||
"State public safety agency" means an entity administered | ||
by the State that exists to provide: |
(1) fire service; | ||
(2) emergency medical services; or | ||
(3) emergency management and communication. | ||
"Venue Commander" means a person who shall direct and | ||
coordinate law enforcement and public safety personnel and | ||
responsibilities at a designated Olympic venue during the | ||
period of the Olympic and Paralympic Games, as set forth in | ||
this Article. | ||
Section 10-15. Chicago Olympic Public Safety Command. | ||
(a) If the International Olympic Committee selects the City | ||
of Chicago to host the Olympic and Paralympic Games, then the | ||
Chicago Olympic Public Safety Command (COPSC) shall be | ||
established. | ||
(b) The policymaking responsibility of COPSC shall be | ||
vested in ESG. | ||
(c) ESG shall consist of the following initial members: | ||
(1) the COPSC Chairperson; | ||
(2) the Executive Director of COPSC (non-voting | ||
member); | ||
(3) the Commissioner of the Chicago Fire Department; | ||
(4) a representative of Chicago 2016 appointed by the | ||
COPSC Chairperson; | ||
(5) the Executive Director for the Office of Emergency | ||
Management and Communications of the City of Chicago; | ||
(6) the Special Agent-In-Charge of the Chicago |
Division of the United States Federal Bureau of | ||
Investigation, or other representative designated by the | ||
United States Federal Bureau of Investigation; | ||
(7) the Special Agent-In-Charge of the Chicago | ||
Division of the United States Secret Service, or other | ||
representative designated by the United States Secret | ||
Service; | ||
(8) the Regional Director for the Federal Emergency | ||
Management Agency; | ||
(9) a representative appointed by the Director of the | ||
Illinois State Police; and | ||
(10) the Superintendent of the Chicago Police | ||
Department, if the COPSC Chairperson is someone other than | ||
the Superintendent of the Chicago Police Department. | ||
(d) Each member of COPSC, including those of ESG and the | ||
Executive Director of COPSC, shall serve without additional | ||
compensation from the State of Illinois. | ||
(e) The COPSC Chairperson shall be the Superintendent of | ||
the Chicago Police Department, or such other suitably qualified | ||
person appointed by the Mayor of the City of Chicago. The COPSC | ||
Chairperson shall chair COPSC and ESG and shall call meetings | ||
of each from time to time in furtherance of the purposes of | ||
this Article. A majority of the members of ESG constitutes a | ||
quorum for the transaction of business. All members of ESG | ||
other than the Executive Director of COPSC shall be voting | ||
members, and the action of a majority of a quorum of ESG shall |
constitute the action of ESG. | ||
(f) The COPSC Chairperson may appoint additional members of | ||
ESG at a properly constituted meeting of ESG, but each such | ||
appointment shall be subject to written consent by a majority | ||
of the other members of ESG present at the same or a subsequent | ||
properly constituted meeting of ESG. | ||
(g) ESG shall establish a strategic plan for law | ||
enforcement and public safety services related to the Olympic | ||
and Paralympic Games, including the coordination of personnel | ||
and resources of State, local, and federal law enforcement and | ||
public safety agencies. | ||
(h) ESG shall define the composition, organizational | ||
structure, and high-level administrative policies of COPSC. | ||
(i) COPSC shall: | ||
(1) in furtherance of the strategic plan developed by | ||
ESG, and in consultation with State, local, and federal law | ||
enforcement and public safety agencies, establish a | ||
detailed plan for law enforcement and public safety | ||
services related to the Olympic and Paralympic Games, | ||
including the coordination of personnel and resources of | ||
State, local, and federal law enforcement and public safety | ||
agencies; | ||
(2) develop any policies necessary to inform and direct | ||
COPSC in the implementation of that plan; | ||
(3) amend that plan to promote the effective, | ||
efficient, and cooperative implementation of the plan and |
the preservation of public safety; | ||
(4) integrate that plan with the operations plans of | ||
Chicago 2016 for the Olympic and Paralympic Games; and | ||
(5) perform such other functions as directed by the | ||
COPSC Chairperson or ESG, consistent with the purposes of | ||
this Article. | ||
(j) All State and local law enforcement and public safety | ||
agencies shall cooperate with the planning and coordination | ||
efforts of COPSC, as requested by COPSC and subject to | ||
applicable law. COPSC shall, unless it relinquishes such | ||
authority in whole or part, and subject to applicable superior | ||
federal law or authority, have primary responsibility for law | ||
enforcement and public safety services at each Olympic venue in | ||
the State (including an area extending up to approximately 300 | ||
yards from the secure perimeter of each Olympic site, as | ||
defined and promulgated by COPSC) during the period of the | ||
Olympic and Paralympic Games. Designated Venue Commanders at | ||
each such Olympic venue shall direct and coordinate on-scene | ||
law enforcement and public safety personnel and | ||
responsibilities and shall be managed by the COPSC Chairperson | ||
or his or her designee. | ||
Section 10-20. COPSC Chairperson; Venue Commanders. | ||
(a) The COPSC Chairperson shall appoint qualified | ||
individuals to serve as Venue Commanders at Olympic venues | ||
during the period of the Olympic and Paralympic Games. |
(b) The COPSC Chairperson shall coordinate law enforcement | ||
and public safety agency activities during the Olympic and | ||
Paralympic Games with respect to Olympic venues and events, and | ||
shall direct the execution of the plan established by COPSC. | ||
Section 10-25. Executive Director of COPSC. | ||
(a) The COPSC Chairperson shall appoint a representative of | ||
Chicago 2016 as the Executive Director of COPSC. | ||
(b) The Executive Director of COPSC shall report to the | ||
COPSC Chairperson and manage the day-to-day activities of | ||
COPSC. | ||
Section 10-30. Deputization. COPSC may enter into | ||
agreements with political subdivisions of the State and with | ||
other states, regional authorities, and the federal | ||
Government. Pursuant to these agreements, the COPSC | ||
Chairperson may deputize or otherwise designate qualified law | ||
enforcement personnel from those other governmental units to | ||
assist COPSC in performing specifically described activities | ||
under this Article during the period of the Olympic and | ||
Paralympic Games. Those deputized or designated persons shall | ||
have the status of a peace officer in the State during the | ||
period of the Olympic and Paralympic Games, and shall have all | ||
the powers possessed by policemen in cities and by sheriffs, | ||
including the power to make arrests for violations of State | ||
statutes or municipal or county ordinances, except that those |
powers (i) may be exercised only within the geographic areas | ||
affirmatively authorized in writing by the COPSC Chairperson | ||
and (ii) may be otherwise restricted or limited by the COPSC | ||
Chairperson in that writing. Any authorization for | ||
deputization or designation pursuant to this subsection shall | ||
be made in writing, and should be carried by each such | ||
deputized or designated person (or kept in reasonable proximity | ||
thereto) and produced upon demand by another peace officer. | ||
Section 10-35. Inoperability. This Article shall be | ||
inoperable as follows: | ||
(a) if the City of Chicago terminates its candidacy to | ||
become the host city for the Olympic and Paralympic Games, then | ||
this Article is inoperable upon that termination;
| ||
(b) if the International Olympic Committee does not select | ||
the City of Chicago as of the host city for the Olympic and | ||
Paralympic Games on or before December 1, 2009, then this | ||
Article is inoperable on and after that date; or | ||
(c) if the City of Chicago is chosen as the host city for | ||
the Olympic and Paralympic Games on or before December 1, 2009, | ||
then this Article is inoperable on and after June 30, 2017. | ||
ARTICLE 15. | ||
Section 15-1. Article title. This Article may be cited as | ||
the Olympic and Paralympic Trademark Protection Law. |
Section 15-5. Purpose. As part of the bid of Chicago 2016, | ||
an Illinois not-for-profit corporation, and the City of Chicago | ||
to host the 2016 Olympic and Paralympic Games in Chicago, this | ||
Article provides for additional protection for trademarks used | ||
by or reserved for exclusive use by the United States Olympic | ||
Committee and Chicago 2016 and its successor organizing | ||
committee for the Games (the OCOG) in the marketing, promotion, | ||
and operation of such Games. This Article amends the Trademark | ||
Registration and Protection Act to: prohibit any third party | ||
from registering trade names or trademarks used by the USOC, | ||
Chicago 2016, or the OCOG; protect against infringement of | ||
Olympic trademarks; and provide the USOC, Chicago 2016, and the | ||
OCOG, with exclusive rights to use certain words, emblems, | ||
slogans, mascots, and symbols for the Games, and the ability to | ||
enforce those rights against others who use them in commerce, | ||
including in Circuit Court in Cook County. This Article also | ||
amends the Business Corporation Act of 1983, the General Not | ||
For Profit Corporation Act of 1986, and the Limited Liability | ||
Company Act to prohibit registration of business names | ||
featuring certain Olympic trademarks from and after the | ||
effective date of this Article. | ||
Section 15-10. The Trademark Registration and Protection | ||
Act is amended by changing Section 10 and by adding Section 62 | ||
as follows:
|
(765 ILCS 1036/10)
| ||
Sec. 10. Registrability. A mark by which the goods or | ||
services of an applicant for
registration may be distinguished | ||
from the goods or services of
others shall not be registered if | ||
it:
| ||
(a) consists of or comprises immoral, deceptive, or
| ||
scandalous matter; or
| ||
(b) consists of or comprises matter that may disparage
or | ||
falsely suggest a connection with persons, living or dead,
| ||
institutions, beliefs, or national symbols, or bring them into
| ||
contempt, or disrepute; or
| ||
(c) consists of or comprises the flag or coat of arms or
| ||
other insignia of the United States, or of any state or
| ||
municipality, or of any foreign nation, or any simulation | ||
thereof;
or
| ||
(d) consists of or comprises the name, signature or
| ||
portrait identifying a particular living individual, except by | ||
the
individual's written consent; or
| ||
(e) consists of a mark which: (1) when used on or in
| ||
connection with the goods or services of the applicant, is | ||
merely
descriptive or deceptively misdescriptive of them, or | ||
(2) when used
on or in connection with the goods or services of | ||
the applicant is
primarily geographically descriptive or | ||
deceptively misdescriptive
of them, or (3) is primarily merely | ||
a surname; however,
nothing in this subsection (e) shall |
prevent the registration
of a mark used by the applicant which | ||
has become distinctive of the
applicant's goods or services. | ||
The Secretary may accept as
evidence that the mark has become | ||
distinctive, as used on or in
connection with the applicant's | ||
goods or services, proof of
continuous use thereof as a mark by | ||
the applicant in this State for
the 5 years before the date on | ||
which the claim of
distinctiveness is made; or
| ||
(f) consists of or comprises a mark which so resembles
a | ||
mark registered in this State of a mark of tradename previously
| ||
used by another and not abandoned, as to be likely, when used | ||
on or
in connection with the goods or services of the | ||
applicant, to cause
confusion or mistake or to deceive ; or .
| ||
(g) without the consent of the United States Olympic | ||
Committee: | ||
(1) contains or consists of the symbol of the | ||
International Olympic Committee, consisting of 5 | ||
interlocking rings, or the symbol of the International | ||
Paralympic Committee; | ||
(2) contains or consists of the terms "Olympic", | ||
"Olympiad", "Paralympic", "Paralympiad", "Citius Altius | ||
Fortius", or "Chicago 2016"; or | ||
(3) is substantially identical to any other mark or | ||
trade name used by the International Olympic Committee, the | ||
International Paralympic Committee, the United States | ||
Olympic Committee, or Chicago 2016 or its successor | ||
organizing committee for the 2016 Olympic and Paralympic |
Games. | ||
(Source: P.A. 90-231, eff. 1-1-98.)
| ||
(765 ILCS 1036/62 new) | ||
Sec. 62. Infringement of Olympic marks. Notwithstanding | ||
any other Section of this Act: | ||
(a) The United States Olympic Committee has the exclusive | ||
right to use, and license for use, in this State any of the | ||
following: | ||
(1) any mark to which the United States Olympic | ||
Committee has exclusive rights under 36 U.S.C. 220506; | ||
(2) the designations "Chicago 2016", "CHICOG", | ||
"Chicago Organizing Committee for the 2016 Olympic and | ||
Paralympic Games", "Chicago Olympic Committee" and | ||
"Chicago Paralympic Committee"; | ||
(3) the emblem of Chicago 2016, featuring a stylized | ||
design of a 6-pointed star superimposed over vertical | ||
stripes, and any other official emblem adopted by Chicago | ||
2016; | ||
(4) the slogan "Stir the Soul" and any other official | ||
slogan adopted by Chicago 2016; | ||
(5) any official mascot or mascots adopted by Chicago | ||
2016; and | ||
(6) the phrases "Chicago Olympic Games", "Chicago | ||
Olympics", "Chicago Paralympic Games", and "Chicago | ||
Paralympics" and any other official phrase adopted by |
Chicago 2016. | ||
(b) The United States Olympic Committee, Chicago 2016 as | ||
designee of the United States Olympic Committee, or both, may | ||
file a civil action in the Circuit Court of Cook County, or any | ||
other circuit court in the State of Illinois permitted by law, | ||
against any person for the remedies provided under Section 70 | ||
of this Act if the person, without the consent of the United | ||
States Olympic Committee or Chicago 2016, uses for the purpose | ||
of trade, to induce the sale of any goods or services, or to | ||
promote any theatrical exhibition, athletic performance, or | ||
competition: | ||
(1) any mark registered in Illinois to the United | ||
States Olympic Committee or Chicago 2016; | ||
(2) any mark referenced in subsection (a) of this | ||
Section; or | ||
(3) any word, symbol, design, graphic, or image, or | ||
combination thereof, tending to cause confusion or | ||
mistake, to deceive, or to falsely suggest a connection or | ||
association with, or authorization by, the International | ||
Olympic Committee, the International Paralympic Committee, | ||
the United States Olympic Committee, Chicago 2016, or any | ||
Olympic or Paralympic activity. | ||
(c) If any provision of this Section or the application | ||
thereof to any person or circumstance is held invalid, the | ||
invalidity shall not affect other provisions or applications of | ||
this Section which can be given effect without the invalid |
provision, and to this end the provisions of this Section are | ||
severable. | ||
(d) For the purposes of this Section, references to Chicago | ||
2016 include the Illinois not-for-profit corporation of that | ||
name and its successor organizing committee for the 2016 | ||
Olympic and Paralympic Games. | ||
(e) Nothing in this Section is intended to limit any rights | ||
or remedies provided under the Counterfeit Trademark Act. | ||
Section 15-15. The Business Corporation Act of 1983 is | ||
amended by changing Sections 4.05 and 4.15 as follows:
| ||
(805 ILCS 5/4.05) (from Ch. 32, par. 4.05)
| ||
Sec. 4.05. Corporate name of domestic or foreign | ||
corporation.
| ||
(a) The corporate name of a domestic corporation or of a | ||
foreign
corporation organized, existing or subject to the | ||
provisions of this Act:
| ||
(1) Shall contain, separate and apart from any other | ||
word or abbreviation
in such name, the word "corporation", | ||
"company", "incorporated", or "limited",
or an | ||
abbreviation of one of such words, and if the name of a | ||
foreign
corporation does not contain, separate and apart | ||
from any other word or
abbreviation, one of such words or | ||
abbreviations, the corporation shall add
at the end of its | ||
name, as a separate word or abbreviation, one of such
words |
or an abbreviation of one of such words.
| ||
(2) Shall not contain any word or phrase which | ||
indicates or implies
that the corporation (i) is authorized | ||
or empowered to conduct the business of
insurance, | ||
assurance, indemnity, or the acceptance of savings | ||
deposits; (ii) is
authorized or empowered to conduct the | ||
business of banking unless otherwise
permitted by the | ||
Commissioner of Banks and Real Estate
pursuant to Section
| ||
46 of the Illinois Banking Act; or (iii) is authorized or | ||
empowered to be in
the business of a corporate fiduciary | ||
unless otherwise permitted by the
Commissioner of Banks and | ||
Real Estate under Section 1-9
of the Corporate
Fiduciary | ||
Act. The word "trust", "trustee", or "fiduciary" may be | ||
used by a
corporation only if it has first complied with | ||
Section 1-9 of the Corporate
Fiduciary Act. The word | ||
"bank", "banker" or "banking" may only be used by a
| ||
corporation if it has first complied with Section 46 of the | ||
Illinois Banking
Act.
| ||
(3) Shall be distinguishable upon the records in the | ||
office of the
Secretary of State from the name or assumed | ||
name of
any
domestic corporation or limited liability | ||
company organized under the Limited
Liability Company Act, | ||
whether profit or not for profit, existing under any
Act of | ||
this State or of the name or assumed name of any foreign | ||
corporation
or foreign limited liability company | ||
registered under the Limited Liability
Company Act, |
whether profit or not for
profit, authorized to transact | ||
business in this State, or a name the
exclusive right to | ||
which is, at the time, reserved or registered in the
manner | ||
provided in this Act or Section 1-15 of the Limited | ||
Liability Company
Act, except that, subject to the | ||
discretion of the
Secretary of State, a foreign corporation | ||
that has a name prohibited by
this paragraph may be issued | ||
a certificate of authority to transact
business in this | ||
State, if the foreign corporation:
| ||
(i) Elects to adopt an assumed corporate name or | ||
names in accordance
with Section 4.15 of this Act; and
| ||
(ii) Agrees in its application for a certificate of | ||
authority to
transact business in this State only under | ||
such assumed corporate name
or names.
| ||
(4) Shall contain the word "trust", if it be a domestic | ||
corporation
organized for the purpose of accepting and | ||
executing trusts, shall contain
the word "pawners", if it | ||
be a domestic corporation organized as a pawners'
society, | ||
and shall contain the word "cooperative", if it be a | ||
domestic
corporation organized as a cooperative | ||
association for pecuniary profit.
| ||
(5) Shall not contain a word or phrase, or an | ||
abbreviation or derivation
thereof, the use of which is | ||
prohibited or restricted by any other statute
of this State | ||
unless such restriction has been complied with.
| ||
(6) Shall consist of letters of the English alphabet, |
Arabic or Roman
numerals, or symbols capable of being | ||
readily reproduced by the office of
the Secretary of State.
| ||
(7) Shall be the name under which the corporation shall | ||
transact business
in this State unless the corporation | ||
shall also elect to adopt an assumed
corporate name or | ||
names as provided in this Act; provided, however, that
the | ||
corporation may use any divisional designation or trade | ||
name without
complying with the requirements of this Act, | ||
provided the corporation also
clearly discloses its | ||
corporate name.
| ||
(8) (Blank).
| ||
(9) Shall not, as to any corporation organized or | ||
amending its corporate name on or after the effective date | ||
of this amendatory Act of the 96th General Assembly, | ||
without the express written consent of the United States | ||
Olympic Committee, contain the words: (i) "Olympic"; (ii) | ||
"Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v) | ||
"Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago | ||
2016". | ||
(b) The Secretary of State shall determine whether a name | ||
is
"distinguishable" from another name for purposes of this | ||
Act. Without
excluding other names which may not constitute | ||
distinguishable names in
this State, a name is not considered | ||
distinguishable, for purposes of this
Act, solely because it | ||
contains one or more of the following:
| ||
(1) the word "corporation", "company", "incorporated", |
or "limited",
"limited liability" or
an abbreviation of one | ||
of such words;
| ||
(2) articles, conjunctions, contractions, | ||
abbreviations, different tenses
or number of the same word;
| ||
(c) Nothing in this Section or Sections 4.15 or 4.20 shall:
| ||
(1) Require any domestic corporation existing or any | ||
foreign
corporation having a certificate of authority on | ||
the effective date of this
Act, to modify or otherwise | ||
change its corporate name or assumed corporate
name, if | ||
any.
| ||
(2) Abrogate or limit the common law or statutory law | ||
of unfair
competition or unfair trade practices, nor | ||
derogate from the common law or
principles of equity or the | ||
statutes of this State or of the United States
with respect | ||
to the right to acquire and protect copyrights, trade | ||
names,
trade marks, service names, service marks, or any | ||
other right to the
exclusive use of names or symbols.
| ||
(Source: P.A. 92-33, eff. 7-1-01.)
| ||
(805 ILCS 5/4.15) (from Ch. 32, par. 4.15)
| ||
Sec. 4.15. Assumed corporate name.
| ||
(a) A domestic corporation or a
foreign corporation | ||
admitted to transact business or attempting to gain
admission | ||
to transact business may elect to adopt an assumed corporate | ||
name
that complies with the requirements of paragraphs (2), | ||
(3), (4), (5) , and (6) , and (9)
of subsection (a) of Section |
4.05 of this Act with respect to corporate names.
| ||
(b) As used in this Act, "assumed corporate name" means any | ||
corporate
name other than the true corporate name, except that | ||
the following shall
not constitute the use of an assumed | ||
corporate name under this Act:
| ||
(1) the identification by a corporation of its business | ||
with a trademark
or service mark of which it is the owner | ||
or licensed user; and
| ||
(2) the use of a name of a division, not separately | ||
incorporated and not
containing the word "corporation", | ||
"incorporated", or "limited" or an
abbreviation of one of | ||
such words, provided the corporation also clearly
| ||
discloses its corporate name.
| ||
(c) Before transacting any business in this State under an | ||
assumed corporate
name or names, the corporation shall, for | ||
each assumed corporate name, pursuant
to resolution by its | ||
board of directors, execute and file in duplicate in
accordance | ||
with Section 1.10 of this Act, an application setting forth:
| ||
(1) The true corporate name.
| ||
(2) The state or country under the laws of which it is | ||
organized.
| ||
(3) That it intends to transact business under an | ||
assumed corporate name.
| ||
(4) The assumed corporate name which it proposes to | ||
use.
| ||
(d) The right to use an assumed corporate name shall be |
effective from
the date of filing by the Secretary of State | ||
until the first day of the
anniversary month of the corporation | ||
that falls within the next calendar
year evenly divisible by 5, | ||
however, if an application is filed within
the 2 months | ||
immediately preceding the anniversary month of a corporation
| ||
that falls within a calendar year evenly divisible by 5, the | ||
right
to use the assumed corporate name shall be effective | ||
until the first day of the
anniversary month of the corporation | ||
that falls within the next succeeding
calendar year evenly | ||
divisible by 5.
| ||
(e) A corporation shall renew the right to use its assumed | ||
corporate name
or names, if any, within the 60 days preceding | ||
the expiration of such
right, for a period of 5 years, by | ||
making an election to do so at
the time of filing its annual | ||
report form and by paying the renewal fee as
prescribed by this | ||
Act.
| ||
(f) Once an application for an assumed corporate name has | ||
been filed by
the Secretary of State, one copy thereof may be | ||
filed for record in the
office of the recorder of the county in | ||
which the registered office of the
corporation is situated in | ||
this State.
| ||
(g) A foreign corporation may not use an assumed or | ||
fictitious name in the
conduct of its business to intentionally | ||
misrepresent the geographic origin or
location of the | ||
corporation within Illinois.
| ||
(Source: P.A. 91-906, eff. 1-1-01.)
|
Section 15-20. The General Not For Profit Corporation Act | ||
of 1986 is amended by changing Section 104.05 as follows:
| ||
(805 ILCS 105/104.05) (from Ch. 32, par. 104.05)
| ||
Sec. 104.05. Corporate name of domestic or foreign
| ||
corporation. | ||
(a) The corporate name of a domestic
corporation or of a | ||
foreign corporation organized, existing
or subject to the | ||
provisions of this Act:
| ||
(1) May contain, separate and apart from any other
word | ||
or abbreviation in such name, the word "corporation,"
| ||
"company," "incorporated," or "limited," or an | ||
abbreviation
of one of such words;
| ||
(2) Must end with the letters "NFP" if the corporate | ||
name contains
any word or phrase which indicates or implies | ||
that the corporation is organized
for any purpose other | ||
than a purpose for which corporations may be organized
| ||
under this Act or a purpose other than a purpose set forth | ||
in the corporation's
articles of incorporation;
| ||
(3) Shall be distinguishable upon the records in the
| ||
the office of the Secretary of State from the name or | ||
assumed name of any domestic corporation or limited | ||
liability company
organized under the Limited Liability | ||
Company Act, whether
for profit or not for profit, existing | ||
under any Act of this
State or the name or assumed name of |
any foreign corporation or foreign
limited liability | ||
company registered under the Limited Liability Company | ||
Act,
whether for profit or
not for profit, authorized to | ||
transact business or conduct
affairs in this State, or a | ||
name the exclusive right to
which is, at the time, reserved | ||
or registered in the manner
provided in this Act or Section | ||
1-15 of the Limited Liability Company Act,
except that, | ||
subject to the discretion
of the
Secretary of State, a | ||
foreign corporation that has a
name prohibited by this | ||
paragraph may be issued a
certificate of authority to | ||
conduct its affairs in this
State, if the foreign | ||
corporation:
| ||
(i) Elects to adopt an assumed corporation name
or | ||
names in accordance with Section 104.15 of this Act; | ||
and
| ||
(ii) Agrees in its application for a certificate
of | ||
authority to conduct affairs in this State only under
| ||
such assumed corporate name or names;
| ||
(4) Shall not contain a word or phrase, or an
| ||
abbreviation or derivation thereof, the use of which is
| ||
prohibited or restricted by any other statute of this State
| ||
unless such restriction has been complied with;
| ||
(5) Shall consist of letters of the English alphabet,
| ||
Arabic or Roman numerals, or symbols capable of being
| ||
readily reproduced by the office of the Secretary of State;
| ||
(6) Shall not contain the words "regular democrat,"
|
"regular democratic," "regular republican," "democrat,"
| ||
"democratic," or "republican," nor the name of any other
| ||
established political party, unless consent to usage of | ||
such
words or name is given to the corporation by the State | ||
central committee
of such established
political party; | ||
notwithstanding any other provisions of this Act, any
| ||
corporation, whose name at the time this amendatory
Act | ||
takes effect contains any of the words listed in this | ||
paragraph shall
certify to the Secretary of State no later | ||
than January 1, 1989, that
consent has been given by the | ||
State central committee; consent given to a
corporation by | ||
the State central committee to use the above listed words
| ||
may be revoked upon notification to the corporation and the | ||
Secretary of State;
and
| ||
(7) Shall be the name under which the corporation
shall | ||
conduct affairs in this State unless the corporation
shall | ||
also elect to adopt an assumed corporate name or names
as | ||
provided in this Act; provided, however, that the
| ||
corporation may use any divisional designation or trade | ||
name
without complying with the requirements of this Act,
| ||
provided the corporation also clearly discloses its
| ||
corporate name ; and .
| ||
(8) Shall not, as to any corporation organized or | ||
amending its corporate name on or after the effective date | ||
of this amendatory Act of the 96th General Assembly, | ||
without the express written consent of the United States |
Olympic Committee, contain the words: (i) "Olympic"; (ii) | ||
"Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v) | ||
"Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago | ||
2016". | ||
(b) The Secretary of State shall determine whether a name
| ||
is "distinguishable" from another name for purposes of this
| ||
Act. Without excluding other names which may not constitute
| ||
distinguishable names in this State, a name is not
considered | ||
distinguishable, for purposes of this Act, solely
because it | ||
contains one or more of the following:
| ||
(1) The word "corporation," "company," "incorporated,"
| ||
or "limited" or an abbreviation of one of such words;
| ||
(2) Articles, conjunctions, contractions,
| ||
abbreviations, different tenses or number of the same word.
| ||
(c) Nothing in this Section or Sections 104.15 or 104.20 of
| ||
this Act shall:
| ||
(1) Require any domestic corporation existing or any
| ||
foreign corporation having a certificate of authority on | ||
the
effective date of this Act, to modify or otherwise | ||
change
its corporate name or assumed corporate name, if | ||
any; or
| ||
(2) Abrogate or limit the common law or statutory law
| ||
of unfair competition or unfair trade practices, nor
| ||
derogate from the common law or principles of equity or the
| ||
statutes of this State or of the United States with respect
| ||
to the right to acquire and protect copyrights, trade |
names,
trade marks, service names, service marks, or any | ||
other
right to the exclusive use of name or symbols.
| ||
(Source: P.A. 92-33, eff. 7-1-01; revised 10-28-08.)
| ||
Section 15-25. The Limited Liability Company Act is amended | ||
by changing Section 1-10 as follows:
| ||
(805 ILCS 180/1-10)
| ||
Sec. 1-10. Limited liability company name.
| ||
(a) The name of each limited liability company as set
forth | ||
in its articles of organization:
| ||
(1) shall contain the terms "limited liability
| ||
company", "L.L.C.", or "LLC";
| ||
(2) may not contain a word or phrase, or an
| ||
abbreviation or derivation thereof, the use of which is
| ||
prohibited or restricted by any other statute of this
State | ||
unless the restriction has been complied with;
| ||
(3) shall consist of letters of the English
alphabet, | ||
Arabic or Roman numerals, or symbols capable
of being | ||
readily reproduced by the Office of the
Secretary of State;
| ||
(4) shall not contain any of the following terms:
| ||
"Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
| ||
"Co.," "Limited Partnership" or "L.P.";
| ||
(5) shall be the name under which the limited
liability | ||
company transacts business in this State
unless the limited | ||
liability company also elects to
adopt an assumed name or |
names as provided in this Act;
provided, however, that the | ||
limited liability company
may use any divisional | ||
designation or trade name without
complying with the | ||
requirements of this Act, provided
the limited liability | ||
company also clearly discloses its
name;
| ||
(6) shall not contain any word or phrase that indicates | ||
or implies that
the limited liability company is authorized | ||
or empowered to be in the business
of a corporate fiduciary | ||
unless otherwise permitted by the Commissioner of the
| ||
Office of Banks and Real Estate under Section 1-9 of the | ||
Corporate Fiduciary
Act. The word "trust", "trustee", or | ||
"fiduciary" may be used by a limited
liability company only | ||
if it has first complied with Section 1-9 of the
Corporate | ||
Fiduciary Act; and
| ||
(7) shall contain the word "trust", if it is a limited | ||
liability company
organized for the purpose of accepting | ||
and executing trusts ; and .
| ||
(8) shall not, as to any limited liability company | ||
organized or amending its company name on or after the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly, without the express written consent of the United | ||
States Olympic Committee, contain the words: (i) | ||
"Olympic"; (ii) "Olympiad"; (iii) "Paralympic"; (iv) | ||
"Paralympiad"; (v) "Citius Altius Fortius"; (vi) "CHICOG"; | ||
or (vii) "Chicago 2016". | ||
(b) Nothing in this Section or Section 1-20 shall
abrogate |
or limit the common law or statutory law of unfair
competition | ||
or unfair trade practices, nor derogate from the
common law or | ||
principles of equity or the statutes of this
State or of the | ||
United States of America with respect to the
right to acquire | ||
and protect copyrights, trade names,
trademarks, service | ||
marks, service names, or any other right
to the exclusive use | ||
of names or symbols.
| ||
(c) (Blank).
| ||
(d) The name shall be distinguishable upon the records
in | ||
the Office of the Secretary of State from all of the following:
| ||
(1) Any limited liability company that has
articles of | ||
organization filed with the Secretary of
State under | ||
Section 5-5.
| ||
(2) Any foreign limited liability company admitted
to | ||
transact business in this State.
| ||
(3) Any name for which an exclusive right has been
| ||
reserved in the Office of the Secretary of State
under | ||
Section 1-15.
| ||
(4) Any assumed name that is registered with the
| ||
Secretary of State under Section 1-20.
| ||
(5) Any corporate name or assumed corporate name of a | ||
domestic or
foreign corporation subject to the provisions | ||
of Section 4.05 of the
Business Corporation Act of 1983
or | ||
Section 104.05 of the General Not For Profit Corporation | ||
Act of 1986.
| ||
(e) The provisions of subsection (d) of this Section
shall |
not apply if the organizer files with the Secretary of
State a | ||
certified copy of a final decree of a court of
competent | ||
jurisdiction establishing the prior right of the
applicant to | ||
the use of that name in this State.
| ||
(f) The Secretary of State shall determine whether a
name | ||
is "distinguishable" from another name for the purposes
of this | ||
Act. Without excluding other names that may not
constitute | ||
distinguishable names in this State, a name is not
considered | ||
distinguishable, for purposes of this Act, solely
because it | ||
contains one or more of the following:
| ||
(1) The word "limited", "liability" or "company"
or an | ||
abbreviation of one of those words.
| ||
(2) Articles, conjunctions, contractions,
| ||
abbreviations, or different tenses or number of the same
| ||
word.
| ||
(Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
| ||
ARTICLE 20. | ||
Section 20-5. Article title. This Article may be cited as | ||
the 2016 Olympic and Paralympic Games Professional Licensure | ||
Exemption Law. | ||
Section 20-10. The Department of Professional Regulation | ||
Law of the
Civil Administrative Code of Illinois is amended by | ||
adding Section 2105-350 as follows: |
(20 ILCS 2105/2105-350 new) | ||
Sec. 2105-350. Licensing exemptions related to the 2016 | ||
Olympic and Paralympic Games. | ||
(a) Definitions. For purposes of this Section: | ||
"Eligible personnel" means individuals formally accredited | ||
by the OCOG under IOC procedures and regulations, or in the | ||
case of a sanctioned test event, the individuals formally | ||
designated by the OCOG under specific procedures applicable to | ||
the sanctioned test event. | ||
"Bid committee" means Chicago 2016, a local organizing | ||
committee that has been incorporated as a not-for-profit | ||
corporation, that is authorized by the candidate city to submit | ||
a bid on the candidate city's behalf to the IOC for selection | ||
as the host city for the games, and that may serve as (or help | ||
form) the OCOG if the candidate city is selected as the host | ||
city for the games. | ||
"Candidate city" means the City of Chicago, which has been | ||
selected as a candidate by the IOC to be the host city of the | ||
games. | ||
"Competition venues" means, collectively, the venues or | ||
facilities to be used for competition and related activities, | ||
including, without limitation, training activities, for the | ||
games or sanctioned test events as may be determined by the | ||
IOC, the USOC, or the OCOG or the candidate city. | ||
"Department" means the Department of Financial and |
Professional Regulation of the State. | ||
"Foreign licensing body" means (i) another state or | ||
territory of the United States of America, or (ii) a foreign | ||
country or other political entity recognized by the United | ||
States of America as sovereign, or a political subdivision | ||
thereof. | ||
"Games" means the 2016 Olympic and Paralympic Games, | ||
including all associated meetings, ceremonies, performances, | ||
and events. | ||
"IOC" means the International Olympic Committee. | ||
"NOC" means a National Olympic Committee. | ||
"Non-competition venues" means, collectively, the venues | ||
or facilities to be used for non-competition activities, | ||
including, without limitation, the Olympic village, broadcast | ||
and media center, live sites, hospitality sites, and | ||
administrative and operational offices, for the games or | ||
sanctioned test events, as determined by the IOC, the USOC, or | ||
the OCOG or the candidate city. | ||
"NPC" means a National Paralympic Committee. | ||
"OCOG" means the bid committee or the same as may be | ||
reorganized or reconstituted if the candidate city is selected | ||
as the host city for the games, or another not-for-profit | ||
corporation to be established by the candidate city and the bid | ||
committee, which is to serve as the organizing committee for | ||
the games. | ||
"Period of the games" means the period commencing 28 days |
prior to the opening ceremony of the 2016 Olympic Games and | ||
concluding 28 days after the closing ceremony of the 2016 | ||
Paralympic Games. | ||
"Representative" means an individual formally accredited | ||
by the OCOG under IOC procedures and regulations as a member or | ||
guest of an NOC or NPC delegation participating in the games, | ||
or an individual formally designated by the OCOG or another | ||
applicable organizing committee of a sanctioned test event as | ||
being a member or guest of an NOC or NPC delegation, or | ||
athletic team, participating in the sanctioned test event. | ||
"Sanctioned test event" means an event designated in | ||
writing by the OCOG to the Department at least 30 days in | ||
advance and which is conducted for the purpose of preparing or | ||
evaluating the ability and preparedness of the OCOG or the | ||
candidate city to host the games. | ||
"Specified occupation" means the following occupations or | ||
professions: physician, chiropractic physician, advanced | ||
practice nurse, practical nurse, licensed practical nurse, | ||
registered nurse, registered professional nurse, physical | ||
therapist, physical therapist assistant, physician assistant, | ||
athletic trainer, veterinarian, veterinary technician, and | ||
massage therapist. | ||
"Sponsoring delegation" means an NOC or NPC delegation or | ||
another accredited delegation for the games, or in the case of | ||
a sanctioned test event, an NOC or NPC delegation or athletic | ||
team, which engages, funds, supports, or otherwise requires the |
attendance and participation of the individual or entity to | ||
whom or which a licensing exception contained in this Section | ||
would apply. | ||
"State" means the State of Illinois. | ||
"USOC" means the U.S. Olympic Committee. | ||
"Venues" means, collectively, the competition and | ||
non-competition venues. | ||
(b) Notwithstanding any law of the State or political | ||
subdivision thereof to the contrary, an individual or entity | ||
may engage in the practice of the specified occupations without | ||
being licensed under any Act administered by the Department or | ||
by the Department of Public Health of the State, provided that | ||
the individual or entity: | ||
(1) is duly licensed by, or otherwise authorized to | ||
practice the profession or occupation by, a foreign | ||
licensing body; | ||
(2) provides services at the invitation of an OCOG for | ||
the professional purpose of caring for or attending to the | ||
needs of individuals participating in or attending the | ||
games; | ||
(3) restricts his, her or its licensed or authorized | ||
services and duties solely to the provision of care or | ||
service at one or more venues as specified by the OCOG, and | ||
in the case of venues without access control, restricts | ||
his, her or its licensed or authorized services and duties | ||
solely to the provision of care or service to eligible |
personnel; | ||
(4) provides only the care or services that the | ||
individual or entity is licensed or otherwise authorized by | ||
the foreign licensing body to provide; and | ||
(5) restricts the provision of the care or services to | ||
the period of the games or to the period of a sanctioned | ||
test event, together with any necessary period before and | ||
after the test event. | ||
(c) Any person or entity practicing or providing services | ||
of a specified occupation as set forth in subsection (b) who, | ||
in good faith, provides emergency care without fee to a person, | ||
shall not be liable for civil damages or professional liability | ||
as a result of his, her, or its acts or omissions, except to | ||
the extent that the person or entity engages in willful or | ||
wanton misconduct in providing that care. This subsection (c) | ||
shall also apply to any person or entity that provides | ||
emergency care without fee but that is duly licensed or | ||
authorized to do so by the Department or the Department of | ||
Public Health of the State. | ||
(d) Notwithstanding any law of the State or political | ||
subdivision thereof to the contrary, an individual or entity | ||
may engage in the practice of the specified occupations without | ||
being licensed under any Act administered by the Department, | ||
provided that the individual or entity: | ||
(1) is duly licensed by, or otherwise authorized to | ||
practice the profession or occupation by, a foreign |
licensing body; | ||
(2) provides services for the professional purposes of | ||
attending to the needs of the representatives of a | ||
sponsoring delegation; | ||
(3) restricts his or her or its licensed or authorized | ||
services and duties solely to the representatives of the | ||
sponsoring delegation during the representatives' stay in | ||
the State; | ||
(4) provides services at the invitation of a sponsoring | ||
delegation; | ||
(5) provides only those services of a specified | ||
occupation that the individual or entity is licensed or | ||
otherwise authorized to provide by the foreign licensing | ||
body; and | ||
(6) restricts the provision of said care or services to | ||
the period of the games, or in the case of a sanctioned | ||
test event, to the period of said sanctioned test event | ||
together with any necessary period before and after said | ||
sanctioned test event, which period shall not commence more | ||
than 28 days before said sanctioned test event or terminate | ||
more than 28 days after said sanctioned test event. | ||
(e) The requirements of this Section 2105-350 do not apply | ||
to the exemptions authorized by the Department pursuant to | ||
Section 2105-400 of this Act. | ||
(f) This Section becomes inoperable as provided in Section | ||
20-15 of the 2016 Olympic and Paralympic Games Professional |
Licensure Exemption Law. | ||
Section 20-15. Inoperability. This Article, including | ||
Section 2105-350 of the Department of Professional Regulation | ||
Law of the Civil Administrative Code of Illinois, shall be | ||
inoperable as follows: | ||
(a) if the candidate city terminates its candidacy to | ||
become the host city for the games, then this Article is | ||
inoperable upon that termination; | ||
(b) if the IOC does not select the candidate city as the | ||
host city for the games on or before December 1, 2009, then | ||
this Article is inoperable on and after that date; or | ||
(c) if the candidate city is chosen as the host city for | ||
the games on or before December 1, 2009, then this Article is | ||
inoperable on and after June 30, 2017; except that subsection | ||
(c) of Section 20-10 of this Article shall survive until the | ||
expiration of all relevant statutes of limitation. | ||
Section 20-20. The Illinois Athletic Trainers Practice Act | ||
is amended by changing Section 4 as follows:
| ||
(225 ILCS 5/4) (from Ch. 111, par. 7604)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 4. Licensure requirement - Exempt activities.
After | ||
the effective date of this Act, no person
shall provide any of | ||
the services set forth in subsection (4) of Section 3
of this |
Act, or use the title "athletic trainer" or
"certified athletic | ||
trainer" or "athletic trainer certified" or the letters
"A.T.", | ||
"C.A.T.", "A.T.C.", "A.C.T.", or
"I.A.T.L." after his name, | ||
unless licensed
under this Act.
| ||
Nothing in this Act shall be construed as preventing or | ||
restricting the
practice, services, or activities of:
| ||
(1) Any person licensed or registered in this State by | ||
any other law
from engaging in the profession or occupation | ||
for which he or she is
licensed or
registered.
| ||
(2) Any person employed as an athletic trainer by the | ||
Government of the
United States, if such person provides | ||
athletic training solely under the
direction or control of | ||
the organization by which he or she is employed.
| ||
(3) Any person pursuing a course of study leading to a | ||
degree or
certificate in athletic training at an accredited | ||
educational
program if such activities and services | ||
constitute a part of a supervised
course of study involving | ||
daily personal or verbal contact at the site of supervision | ||
between the athletic training student and the licensed | ||
athletic trainer who plans, directs, advises, and | ||
evaluates the student's athletic training clinical | ||
education. The supervising licensed athletic trainer must | ||
be on-site where the athletic training clinical education | ||
is being obtained.
A person meeting the criteria under this | ||
paragraph (3) must be designated by a title which clearly
| ||
indicates his or her status as a student or
trainee.
|
(4) (Blank).
| ||
(5) The practice of athletic training under the | ||
supervision of a licensed athletic trainer by one who has | ||
applied in writing
to the Department for
licensure and has | ||
complied with all the provisions
of Section 9 except the | ||
passing of the examination to be eligible to receive
such | ||
license. In no event shall this exemption extend to any
| ||
person for longer than 3 months. Anyone who has previously | ||
failed the examination, or who fails the examination during | ||
this 3-month period, shall immediately cease practice as an | ||
athletic trainer and shall not engage in the practice of | ||
athletic training again until he or she passes the | ||
examination.
| ||
(6) Any person in a coaching position from rendering | ||
emergency care on an
as
needed basis to the athletes under | ||
his or her supervision when a licensed athletic trainer is | ||
not available.
| ||
(7) Any person who is an athletic trainer from another | ||
nation, state, or
territory
acting as an athletic trainer | ||
while performing
his duties for his or her respective | ||
non-Illinois based team or
organization, so long as he or | ||
she restricts his or her duties to his
or her team or | ||
organization during the course of his or her team's or
| ||
organization's stay in this State. For the purposes of this | ||
Act, a team shall be considered based in Illinois if its | ||
home contests are held in Illinois, regardless of the |
location of the team's administrative offices.
| ||
(8) The practice of athletic training by persons | ||
licensed in another state who have applied in writing to | ||
the Department for licensure by endorsement for no longer | ||
than 6 months or until notification has been given that | ||
licensure has been granted or denied, whichever period of | ||
time is lesser. | ||
(9) The practice of athletic training by one who has | ||
applied in writing to the Department for licensure and has | ||
complied with all the provisions of Section 9 for no longer | ||
than 6 months or until notification has been given that | ||
licensure has been granted or denied, whichever period of | ||
time is lesser. | ||
(10) The practice of athletic training by persons | ||
actively licensed as an athletic trainer in another state, | ||
or currently certified by the National Athletic Trainers | ||
Association Board of Certification, Inc., or its successor | ||
entity, at a special athletic tournament or event conducted | ||
by a sanctioned amateur athletic organization, including, | ||
but not limited to, the Prairie State Games and the Special | ||
Olympics, for no more than 14 days. This shall not include | ||
contests or events that are part of a scheduled series of | ||
regular season events. | ||
(11) Athletic trainer aides from performing patient | ||
care activities under the on-site supervision of a licensed | ||
athletic trainer. These patient care activities shall not |
include interpretation of referrals or evaluation | ||
procedures, planning or major modifications of patient | ||
programs, administration of medication, or solo practice | ||
or event coverage without immediate access to a licensed | ||
athletic trainer.
| ||
(12) Persons or entities practicing the specified | ||
occupations set forth in subsection (a) of, and pursuant to | ||
a licensing exemption granted in subsection (b) or (d) of, | ||
Section 2105-350 of the Department of Professional | ||
Regulation Law of the Civil Administrative Code of | ||
Illinois, but only for so long as the 2016 Olympic and | ||
Paralympic Games Professional Licensure Exemption Law is | ||
operable. | ||
(Source: P.A. 94-246, eff. 1-1-06.)
| ||
Section 20-25. The Massage Licensing Act is amended by | ||
changing Section 25 as follows:
| ||
(225 ILCS 57/25)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 25. Exemptions.
| ||
(a) This Act does not prohibit a person licensed
under any | ||
other Act
in this State
from
engaging in the practice for which | ||
he or she is licensed.
| ||
(b) Persons exempted under this Section include, but are | ||
not limited to,
physicians,
podiatrists, naprapaths, and |
physical therapists.
| ||
(c) Nothing in this Act prohibits qualified members of | ||
other
professional groups,
including but not limited to nurses, | ||
occupational therapists,
cosmetologists, and
estheticians, | ||
from performing massage in a manner consistent with their
| ||
training and the
code of ethics of their respective | ||
professions.
| ||
(d) Nothing in this Act prohibits a student of an approved | ||
massage
school or
program from performing massage, provided | ||
that the student does not hold
himself or herself out
as a | ||
licensed massage therapist and does not charge a fee for | ||
massage therapy
services.
| ||
(e) Nothing in this Act prohibits practitioners that do not | ||
involve
intentional soft tissue manipulation, including but | ||
not limited to Alexander
Technique, Feldenkrais, Reike, and | ||
Therapeutic Touch, from practicing.
| ||
(f) Practitioners of certain service marked bodywork | ||
approaches that do
involve intentional soft tissue | ||
manipulation, including but not limited to
Rolfing, Trager | ||
Approach, Polarity Therapy, and Orthobionomy, are exempt from
| ||
this Act if they are approved by their governing body based on | ||
a minimum level
of training, demonstration of competency, and | ||
adherence to ethical standards.
| ||
(g) Practitioners of Asian bodywork approaches are exempt | ||
from this Act if
they are members of the American Organization | ||
of Bodywork Therapies of Asia as
certified practitioners or if |
they are approved by an Asian bodywork
organization based on a | ||
minimum level of training, demonstration of competency,
and | ||
adherence to ethical standards set by their governing body.
| ||
(h) Practitioners of other forms of bodywork who restrict | ||
manipulation of
soft tissue to the feet, hands, and ears, and | ||
who do not have the client
disrobe, such as reflexology, are | ||
exempt from this Act.
| ||
(i) Nothing in this Act applies to massage therapists from | ||
other states or
countries when providing educational programs | ||
or services for a period not
exceeding 30 days within a | ||
calendar year.
| ||
(j) Nothing in this Act prohibits a person from treating | ||
ailments by
spiritual means through prayer alone in accordance | ||
with the tenets and
practices of a recognized church or | ||
religious denomination.
| ||
(k) Nothing in this Act applies to persons or entities | ||
practicing the specified occupations set forth in subsection | ||
(a) of, and pursuant to a licensing exemption granted in | ||
subsection (b) or (d) of, Section 2105-350 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code of | ||
Illinois, but only for so long as the 2016 Olympic and | ||
Paralympic Games Professional Licensure Exemption Law is | ||
operable. | ||
(Source: P.A. 92-860, eff. 6-1-03.)
| ||
Section 20-30. The Medical Practice Act of 1987 is amended |
by changing Section 4 as follows:
| ||
(225 ILCS 60/4) (from Ch. 111, par. 4400-4)
| ||
(Section scheduled to be repealed on December 31, 2010)
| ||
Sec. 4. Exemptions.
| ||
(a) This Act does not apply to the following:
| ||
(1) persons lawfully carrying on their particular | ||
profession or business
under any valid existing regulatory | ||
Act of this State;
| ||
(2) persons rendering gratuitous services in cases of | ||
emergency; or
| ||
(3) persons treating human ailments by prayer or | ||
spiritual means as an
exercise or enjoyment of religious | ||
freedom ; or .
| ||
(4) persons practicing the specified occupations set | ||
forth in in subsection (a) of, and pursuant to a licensing | ||
exemption granted in subsection (b) or (d) of, Section | ||
2105-350 of the Department of Professional Regulation Law | ||
of the Civil Administrative Code of Illinois, but only for | ||
so long as the 2016 Olympic and Paralympic Games | ||
Professional Licensure Exemption Law is operable. | ||
(b) (Blank).
| ||
(Source: P.A. 93-379, eff. 7-24-03 .)
| ||
Section 20-35. The Nurse Practice Act is amended by | ||
changing Section 50-15 as follows:
|
(225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 50-15. Policy; application of Act. | ||
(a) For the protection of life and the
promotion of health, | ||
and the prevention of illness and communicable diseases,
any | ||
person practicing or offering to practice advanced,
| ||
professional, or practical
nursing in Illinois shall submit | ||
evidence that he or she is qualified to
practice, and shall be | ||
licensed as provided under this Act. No person shall
practice | ||
or offer to practice advanced, professional, or practical | ||
nursing in Illinois or
use any title, sign, card or device to | ||
indicate that such a person is
practicing professional or | ||
practical nursing unless such person has been
licensed under | ||
the provisions of this Act.
| ||
(b) This Act does not prohibit the following:
| ||
(1) The practice of nursing in Federal employment in | ||
the discharge of the
employee's duties by a person who is | ||
employed by the United States
government or any bureau, | ||
division or agency thereof and is a legally
qualified and | ||
licensed nurse of another state or territory and not in
| ||
conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | ||
this
Act.
| ||
(2) Nursing that is included in the program of study by
| ||
students
enrolled in programs of nursing or in current | ||
nurse practice update courses
approved by the Department.
|
(3) The furnishing of nursing assistance in an | ||
emergency.
| ||
(4) The practice of nursing by a nurse who holds an | ||
active license in
another state when providing services to | ||
patients in Illinois during a bonafide
emergency or in | ||
immediate preparation for or during interstate
transit.
| ||
(5) The incidental care of the sick by members of the | ||
family, domestic
servants or housekeepers, or care of the | ||
sick where treatment is by prayer
or spiritual means.
| ||
(6) Persons from being employed as unlicensed | ||
assistive personnel in private homes, long term care | ||
facilities,
nurseries, hospitals or other institutions.
| ||
(7) The practice of practical nursing by one who is a | ||
licensed practical
nurse under the laws of another U.S. | ||
jurisdiction and has applied in writing
to the Department, | ||
in form and substance satisfactory to the Department,
for a | ||
license as a licensed practical nurse and who is qualified | ||
to receive
such license under this Act, until (i) the | ||
expiration of 6 months after
the filing of such written | ||
application, (ii) the withdrawal of such application,
or | ||
(iii) the denial of such application by the Department.
| ||
(8) The practice of advanced practice nursing by one | ||
who is an advanced practice nurse under the laws of another | ||
state, territory of the United States, or country and has | ||
applied in writing to the Department, in form and substance | ||
satisfactory to the Department, for a license as an |
advanced practice nurse and who is qualified to receive | ||
such license under this Act, until (i) the expiration of 6 | ||
months after the filing of such written application, (ii) | ||
the withdrawal of such application, or (iii) the denial of | ||
such application by the Department.
| ||
(9) The practice of professional nursing by one who is | ||
a registered
professional nurse under the laws of another | ||
state, territory of the United
States or country and has | ||
applied in writing to the Department, in form and
substance | ||
satisfactory to the Department, for a license as a | ||
registered
professional nurse and who is qualified to | ||
receive such license under
Section 55-10, until (1) the | ||
expiration of 6 months after the filing of
such written | ||
application, (2) the withdrawal of such application, or (3)
| ||
the denial of such application by the Department.
| ||
(10) The practice of professional nursing that is | ||
included in a program of
study by one who is a registered | ||
professional nurse under the laws of
another state or | ||
territory of the United States or foreign country,
| ||
territory or province and who is enrolled in a graduate | ||
nursing education
program or a program for the completion | ||
of a baccalaureate nursing degree in
this State, which | ||
includes clinical supervision by faculty as
determined by | ||
the educational institution offering the program and the
| ||
health care organization where the practice of nursing | ||
occurs.
|
(11) Any person licensed in this State under any other | ||
Act from engaging
in the practice for which she or he is | ||
licensed.
| ||
(12) Delegation to authorized direct care staff | ||
trained under Section 15.4
of the Mental Health and
| ||
Developmental Disabilities Administrative Act consistent | ||
with the policies of the Department.
| ||
(13) The practice, services, or activities of persons | ||
practicing the specified occupations set forth in | ||
subsection (a) of, and pursuant to a licensing exemption | ||
granted in subsection (b) or (d) of, Section 2105-350 of | ||
the Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois, but only for so long as | ||
the 2016 Olympic and Paralympic Games Professional | ||
Licensure Exemption Law is operable. | ||
Nothing in this Act shall be construed to limit the | ||
delegation of tasks or duties by a physician, dentist, or | ||
podiatrist to a licensed practical nurse, a registered | ||
professional nurse, or other persons.
| ||
(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08.)
| ||
Section 20-40. The Illinois Physical Therapy Act is amended | ||
by changing Section 2 as follows:
| ||
(225 ILCS 90/2) (from Ch. 111, par. 4252)
| ||
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 2. Licensure requirement; exempt activities. Practice | ||
without a
license forbidden - exception.
No person shall
after | ||
the date of August 31, 1965 begin to practice physical therapy | ||
in
this State or hold himself out as being able to practice | ||
this profession,
unless he is licensed as such in accordance | ||
with the provisions of this Act.
After the effective date of | ||
this amendatory Act of 1990, no person shall
practice or hold | ||
himself out as a physical therapist assistant unless he is
| ||
licensed as such under this Act. A physical therapist shall use | ||
the initials "PT" in connection with his or her name to denote | ||
licensure under this Act, and a physical therapist assistant | ||
shall use the initials "PTA" in connection with his or her name | ||
to denote licensure under this Act.
| ||
This Act does not prohibit:
| ||
(1) Any person licensed in this State under
any other | ||
Act from engaging in the practice for which he is licensed.
| ||
(2) The practice of physical therapy by those persons, | ||
practicing
under the
supervision of a licensed physical | ||
therapist and who have met all of the
qualifications as | ||
provided in Sections 7, 8.1, and 9 of this Act, until
the | ||
next examination is given for physical therapists or | ||
physical
therapist assistants and the results have been | ||
received by the Department
and the Department has | ||
determined the applicant's
eligibility for a license. | ||
Anyone failing to pass said examination
shall not again | ||
practice physical therapy until such time as an examination
|
has been successfully passed by such person.
| ||
(3) The practice of physical
therapy for a period not | ||
exceeding 6 months by a person who is in this State
on a | ||
temporary basis to assist in a case of medical emergency or | ||
to engage
in a special physical therapy project, and who | ||
meets the qualifications
for a physical therapist as set | ||
forth in Sections 7 and 8 of this Act and
is licensed in | ||
another state as a physical therapist.
| ||
(4) Practice of physical
therapy by qualified persons | ||
who have filed for endorsement for no longer
than one year | ||
or until such time that notification of licensure has been
| ||
granted or denied, whichever period of time is lesser.
| ||
(5) One or more
licensed physical therapists from | ||
forming a professional service
corporation under the | ||
provisions of the "Professional Service Corporation
Act", | ||
approved September 15, 1969, as now or hereafter amended, | ||
and
licensing such corporation for the practice of physical | ||
therapy.
| ||
(6) Physical therapy aides from performing patient | ||
care activities under
the
on-site supervision of a licensed | ||
physical therapist or licensed physical
therapist | ||
assistant. These patient care activities shall not include
| ||
interpretation of referrals, evaluation procedures, the | ||
planning of or
major modifications of, patient programs.
| ||
(7) Physical Therapist
Assistants from performing | ||
patient care activities under the general
supervision of a |
licensed physical therapist. The physical therapist must
| ||
maintain continual contact with the physical therapist | ||
assistant including
periodic personal supervision and | ||
instruction to insure the safety and
welfare of the | ||
patient.
| ||
(8) The practice of physical therapy by a physical
| ||
therapy student or a physical therapist assistant student | ||
under the on-site supervision of a licensed physical | ||
therapist.
The physical therapist shall be readily | ||
available for direct supervision
and instruction to insure | ||
the safety and welfare of the patient.
| ||
(9) The
practice of physical therapy as part of an | ||
educational program by a
physical therapist licensed in | ||
another state or country for a period not to
exceed 6 | ||
months.
| ||
(10) The practice, services, or activities of persons | ||
practicing the specified occupations set forth in | ||
subsection (a) of, and pursuant to a licensing exemption | ||
granted in subsection (b) or (d) of, Section 2105-350 of | ||
the Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois, but only for so long as | ||
the 2016 Olympic and Paralympic Games Professional | ||
Licensure Exemption Law is operable. | ||
(Source: P.A. 93-1010, eff. 8-24-04 .)
| ||
Section 20-45. The Physician Assistant Practice Act of 1987 |
is amended by changing Section 5 as follows:
| ||
(225 ILCS 95/5) (from Ch. 111, par. 4605)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 5. This Act does not prohibit:
| ||
1. Any person licensed in this State under any other Act | ||
from engaging
in the practice for which he is licensed;
| ||
2. The practice as a physician assistant by a person who is | ||
employed
by the United States government or any bureau, | ||
division or agency thereof
while in the discharge of the | ||
employee's official duties;
| ||
3. The practice as a physician assistant which is included | ||
in their
program of study by students enrolled in schools or in | ||
refresher courses
approved by the Department.
| ||
4. The practice, services, or activities of persons | ||
practicing the specified occupations set forth in subsection | ||
(a) of, and pursuant to a licensing exemption granted in | ||
subsection (b) or (d) of, Section 2105-350 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code of | ||
Illinois, but only for so long as the 2016 Olympic and | ||
Paralympic Games Professional Licensure Exemption Law is | ||
operable. | ||
(Source: P.A. 85-1209 .)
| ||
Section 20-50. The Veterinary Medicine and Surgery | ||
Practice Act of 2004 is amended by changing Section 4 as |
follows:
| ||
(225 ILCS 115/4) (from Ch. 111, par. 7004)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 4. Exemptions. Nothing in this Act shall apply to any | ||
of the
following:
| ||
(1) Veterinarians employed by the federal or State | ||
government while
engaged in their official duties.
| ||
(2) Licensed veterinarians from other states who are | ||
invited to Illinois
for consultation or lecturing.
| ||
(3) Veterinarians employed by colleges or universities | ||
while engaged in
the performance of their official duties, | ||
or
faculty engaged in animal husbandry or animal management | ||
programs of colleges
or universities.
| ||
(4) A veterinarian employed by an accredited college of | ||
veterinary
medicine providing assistance requested by a | ||
veterinarian licensed in Illinois,
acting with informed | ||
consent from the client and acting under the direct or
| ||
indirect supervision and control of the licensed | ||
veterinarian. Providing
assistance involves hands-on | ||
active participation in the treatment and care of
the | ||
patient. The licensed veterinarian shall maintain | ||
responsibility for the
veterinarian-client-patient | ||
relationship.
| ||
(5) Veterinary students in an accredited
college, | ||
university,
department
of a university, or other |
institution of veterinary medicine and surgery
engaged in | ||
duties assigned by their
instructors.
| ||
(6) Any person engaged in bona fide scientific research | ||
which
requires
the use of animals.
| ||
(7) An owner of livestock and any of the owner's | ||
employees or the owner
and employees of a service and care | ||
provider of livestock caring for and
treating livestock | ||
belonging to the owner or under a provider's care, | ||
including
but not limited to, the performance of husbandry | ||
and livestock management
practices such as dehorning, | ||
castration, emasculation, or docking of cattle,
horses, | ||
sheep, goats, and swine, artificial insemination, and | ||
drawing of semen.
Nor shall this Act be construed to | ||
prohibit any person from administering in a
humane manner | ||
medicinal or surgical treatment to any livestock in the | ||
care
of such person. However, any such services shall | ||
comply with the Humane Care
for Animals Act.
| ||
(8) An owner of an animal, or an agent of the owner | ||
acting with the
owner's approval, in caring for, training, | ||
or treating an animal belonging to
the owner, so long as | ||
that individual or agent does not represent himself or
| ||
herself as a veterinarian or use any title associated with | ||
the practice of
veterinary medicine or surgery or diagnose, | ||
prescribe drugs, or perform
surgery. The agent shall | ||
provide the owner with a written statement
summarizing the | ||
nature of the services provided and obtain a signed
|
acknowledgment from the owner that they accept the services | ||
provided. The
services shall comply with the Humane Care | ||
for Animals Act. The provisions of
this item (8) do not | ||
apply to a person who is exempt under item (7).
| ||
(9) A member in good standing of another licensed or | ||
regulated profession
within any state or a member of an | ||
organization or group approved by the
Department by rule | ||
providing assistance requested by a veterinarian
licensed | ||
in this State acting with informed consent from the client | ||
and acting
under the direct or indirect supervision and | ||
control of the licensed
veterinarian. Providing assistance | ||
involves hands-on active participation in
the treatment | ||
and care of the patient, as defined by rule. The licensed
| ||
veterinarian shall maintain responsibility for the | ||
veterinarian-client-patient
relationship.
| ||
(10) A graduate of a non-accredited college of | ||
veterinary medicine who is
in
the process of obtaining a | ||
certificate of educational equivalence and is
performing | ||
duties or actions assigned by instructors in an approved | ||
college of
veterinary medicine.
| ||
(11) A certified euthanasia technician who is | ||
authorized to perform
euthanasia in the course and scope of | ||
his or her employment.
| ||
(12) A person who, without expectation of | ||
compensation, provides emergency
veterinary care in an | ||
emergency or disaster situation so long as he or she does
|
not represent himself or herself as a veterinarian or use a | ||
title or degree
pertaining to the practice of veterinary | ||
medicine and surgery.
| ||
(13) An employee of a licensed
veterinarian performing | ||
duties other than diagnosis, prognosis, prescription,
or | ||
surgery under the direction and supervision of the | ||
veterinarian, who shall
be responsible for the performance | ||
of the employee.
| ||
(14) An approved humane investigator regulated under | ||
the Humane Care for
Animals Act or employee of a shelter | ||
licensed under the Animal Welfare Act,
working under the | ||
indirect supervision of a licensed veterinarian.
| ||
(15) An individual providing equine dentistry services | ||
requested by a
veterinarian licensed to practice in this | ||
State, an owner, or an owner's agent.
For the purposes of | ||
this item (15), "equine dentistry services" means floating
| ||
teeth without the use of drugs or extraction.
| ||
(16) Private treaty sale of animals unless otherwise | ||
provided by law.
| ||
(17) Persons or entities practicing the specified | ||
occupations set forth in subsection (a) of, and pursuant to | ||
a licensing exemption granted in subsection (b) or (d) of, | ||
Section 2105-350 of the Department of Professional | ||
Regulation Law of the Civil Administrative Code of | ||
Illinois, but only for so long as the 2016 Olympic and | ||
Paralympic Games Professional Licensure Exemption Law is |
operable. | ||
(Source: P.A. 92-449, eff. 1-1-02; 93-281, eff. 12-31-03.)
| ||
ARTICLE 25. | ||
Section 25-1. Article title. This Article may be cited as | ||
the Illinois 2016 Olympic and Paralympic Games Shooting | ||
Competition Exemption Law. | ||
Section 25-5. Purpose. It is the intent of the Legislature | ||
in enacting this Article to ensure that competitive shooting | ||
athletes may bring into the State, possess, transport, and use | ||
competition firearms that are sanctioned by the International | ||
Olympic Committee, the International Paralympic Committee, the | ||
International Shooting Sport Federation (the international | ||
governing body for shooting competitions), or USA Shooting (the | ||
national governing body for Olympic shooting sports in the | ||
United States) in connection with the athletes' participation | ||
in official shooting competitions at the 2016 Olympic and | ||
Paralympic Games and sanctioned test events leading up to the | ||
2016 Olympic and Paralympic Games should the City of Chicago be | ||
selected to host the 2016 Olympic and Paralympic Games. These | ||
provisions only have the effect of allowing possession of, | ||
transport of, and use of, firearms for Olympic-style shooting | ||
by athletes in such competitions, without affecting other | ||
firearms regulated under existing law. |
Section 25-10. The Firearm Owners Identification Card Act | ||
is amended by changing Section 2 as follows:
| ||
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
| ||
Sec. 2. Firearm Owner's Identification Card required; | ||
exceptions.
| ||
(a) (1) No person may acquire or possess any firearm, stun | ||
gun, or taser within this State
without having in his or | ||
her possession a Firearm Owner's Identification Card
| ||
previously issued in his or her name by the Department of | ||
State Police under
the provisions of this Act.
| ||
(2) No person may acquire or possess firearm ammunition | ||
within this
State without having in his or her possession a | ||
Firearm Owner's Identification
Card previously issued in | ||
his or her name by the Department of State Police
under the | ||
provisions of this Act.
| ||
(b) The provisions of this Section regarding the possession | ||
of firearms, firearm ammunition, stun guns, and tasers do not | ||
apply to:
| ||
(1) United States Marshals, while engaged in the | ||
operation of their
official duties;
| ||
(2) Members of the Armed Forces of the United States or | ||
the National
Guard, while engaged in the operation of their | ||
official duties;
| ||
(3) Federal officials required to carry firearms, |
while engaged in the
operation of their official duties;
| ||
(4) Members of bona fide veterans organizations which | ||
receive firearms
directly from the armed forces of the | ||
United States, while using the
firearms for ceremonial | ||
purposes with blank ammunition;
| ||
(5) Nonresident hunters during hunting season, with | ||
valid nonresident
hunting licenses and while in an area | ||
where hunting is permitted; however,
at all other times and | ||
in all other places these persons must have their
firearms | ||
unloaded and enclosed in a case;
| ||
(6) Those hunters exempt from obtaining a hunting | ||
license who are
required to submit their Firearm Owner's | ||
Identification Card when hunting
on Department of Natural | ||
Resources owned or managed sites;
| ||
(7) Nonresidents while on a firing or shooting range | ||
recognized by the
Department of State Police; however, | ||
these persons must at all other times
and in all other | ||
places have their firearms unloaded and enclosed in a case;
| ||
(8) Nonresidents while at a firearm showing or display | ||
recognized by
the Department of State Police; however, at | ||
all other times and in all
other places these persons must | ||
have their firearms unloaded and enclosed
in a case;
| ||
(9) Nonresidents whose firearms are unloaded and | ||
enclosed in a case;
| ||
(10) Nonresidents who are currently licensed or | ||
registered to possess a
firearm in their resident state;
|
(11) Unemancipated minors while in the custody and | ||
immediate control of
their parent or legal guardian or | ||
other person in loco parentis to the
minor if the parent or | ||
legal guardian or other person in loco parentis to
the | ||
minor has a currently valid Firearm Owner's Identification
| ||
Card;
| ||
(12) Color guards of bona fide veterans organizations | ||
or members of bona
fide American Legion bands while using | ||
firearms for ceremonial purposes
with blank ammunition;
| ||
(13) Nonresident hunters whose state of residence does | ||
not require
them to be licensed or registered to possess a | ||
firearm and only during
hunting season, with valid hunting | ||
licenses, while accompanied by, and
using a firearm owned | ||
by, a person who possesses a valid Firearm Owner's
| ||
Identification Card and while in an area within a | ||
commercial club licensed
under the Wildlife Code where | ||
hunting is permitted and controlled, but in
no instance | ||
upon sites owned or managed by the Department of Natural
| ||
Resources;
| ||
(14) Resident hunters who are properly authorized to | ||
hunt and,
while accompanied by a person who possesses a | ||
valid Firearm Owner's
Identification Card, hunt in an area | ||
within a commercial club licensed
under the Wildlife Code | ||
where hunting is permitted and controlled; and
| ||
(15) A person who is otherwise eligible to obtain a | ||
Firearm Owner's
Identification Card under this Act and is |
under the direct supervision of a
holder of a Firearm
| ||
Owner's Identification Card who is 21 years of age or older | ||
while the person is
on a firing or shooting range
or is a
| ||
participant in a firearms safety and training course | ||
recognized by a law
enforcement agency or a national, | ||
statewide shooting sports organization ; and .
| ||
(16) Competitive shooting athletes whose competition | ||
firearms are sanctioned by the International Olympic | ||
Committee, the International Paralympic Committee, the | ||
International Shooting Sport Federation, or USA Shooting | ||
in connection with such athletes' training for and | ||
participation in shooting competitions at the 2016 Olympic | ||
and Paralympic Games and sanctioned test events leading up | ||
to the 2016 Olympic and Paralympic Games. | ||
(c) The provisions of this Section regarding the | ||
acquisition and possession
of firearms, firearm ammunition, | ||
stun guns, and tasers do not apply to law enforcement officials
| ||
of this or any other jurisdiction, while engaged in the | ||
operation of their
official duties.
| ||
(Source: P.A. 94-6, eff. 1-1-06.)
| ||
Section 25-15. The Criminal Code of 1961 is amended by | ||
changing Section 24-2 as follows:
| ||
(720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| ||
Sec. 24-2. Exemptions.
|
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||
24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||
the following:
| ||
(1) Peace officers, and any person summoned by a peace | ||
officer to
assist in making arrests or preserving the | ||
peace, while actually engaged in
assisting such officer.
| ||
(2) Wardens, superintendents and keepers of prisons,
| ||
penitentiaries, jails and other institutions for the | ||
detention of persons
accused or convicted of an offense, | ||
while in the performance of their
official duty, or while | ||
commuting between their homes and places of employment.
| ||
(3) Members of the Armed Services or Reserve Forces of | ||
the United States
or the Illinois National Guard or the | ||
Reserve Officers Training Corps,
while in the performance | ||
of their official duty.
| ||
(4) Special agents employed by a railroad or a public | ||
utility to
perform police functions, and guards of armored | ||
car companies, while
actually engaged in the performance of | ||
the duties of their employment or
commuting between their | ||
homes and places of employment; and watchmen
while actually | ||
engaged in the performance of the duties of their | ||
employment.
| ||
(5) Persons licensed as private security contractors, | ||
private
detectives, or private alarm contractors, or | ||
employed by an agency
certified by the Department of | ||
Professional Regulation, if their duties
include the |
carrying of a weapon under the provisions of the Private
| ||
Detective, Private Alarm,
Private Security, Fingerprint | ||
Vendor, and Locksmith Act of 2004,
while actually
engaged | ||
in the performance of the duties of their employment or | ||
commuting
between their homes and places of employment, | ||
provided that such commuting
is accomplished within one | ||
hour from departure from home or place of
employment, as | ||
the case may be. Persons exempted under this subdivision
| ||
(a)(5) shall be required to have completed a course of
| ||
study in firearms handling and training approved and | ||
supervised by the
Department of Professional Regulation as | ||
prescribed by Section 28 of the
Private Detective, Private | ||
Alarm,
Private Security, Fingerprint Vendor, and Locksmith | ||
Act of 2004, prior
to becoming eligible for this exemption. | ||
The Department of Professional
Regulation shall provide | ||
suitable documentation demonstrating the
successful | ||
completion of the prescribed firearms training. Such
| ||
documentation shall be carried at all times when such | ||
persons are in
possession of a concealable weapon.
| ||
(6) Any person regularly employed in a commercial or | ||
industrial
operation as a security guard for the protection | ||
of persons employed
and private property related to such | ||
commercial or industrial
operation, while actually engaged | ||
in the performance of his or her
duty or traveling between | ||
sites or properties belonging to the
employer, and who, as | ||
a security guard, is a member of a security force of
at |
least 5 persons registered with the Department of | ||
Professional
Regulation; provided that such security guard | ||
has successfully completed a
course of study, approved by | ||
and supervised by the Department of
Professional | ||
Regulation, consisting of not less than 40 hours of | ||
training
that includes the theory of law enforcement, | ||
liability for acts, and the
handling of weapons. A person | ||
shall be considered eligible for this
exemption if he or | ||
she has completed the required 20
hours of training for a | ||
security officer and 20 hours of required firearm
training, | ||
and has been issued a firearm control card by
the | ||
Department of Professional Regulation. Conditions for the | ||
renewal of
firearm control cards issued under the | ||
provisions of this Section
shall be the same as for those | ||
cards issued under the provisions of the
Private Detective, | ||
Private Alarm,
Private Security, Fingerprint Vendor, and | ||
Locksmith Act of 2004. Such
firearm control card shall be | ||
carried by the security guard at all
times when he or she | ||
is in possession of a concealable weapon.
| ||
(7) Agents and investigators of the Illinois | ||
Legislative Investigating
Commission authorized by the | ||
Commission to carry the weapons specified in
subsections | ||
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||
any investigation for the Commission.
| ||
(8) Persons employed by a financial institution for the | ||
protection of
other employees and property related to such |
financial institution, while
actually engaged in the | ||
performance of their duties, commuting between
their homes | ||
and places of employment, or traveling between sites or
| ||
properties owned or operated by such financial | ||
institution, provided that
any person so employed has | ||
successfully completed a course of study,
approved by and | ||
supervised by the Department of Professional Regulation,
| ||
consisting of not less than 40 hours of training which | ||
includes theory of
law enforcement, liability for acts, and | ||
the handling of weapons.
A person shall be considered to be | ||
eligible for this exemption if he or
she has completed the | ||
required 20 hours of training for a security officer
and 20 | ||
hours of required firearm training, and has been issued a
| ||
firearm control card by the Department of Professional | ||
Regulation.
Conditions for renewal of firearm control | ||
cards issued under the
provisions of this Section shall be | ||
the same as for those issued under the
provisions of the | ||
Private Detective, Private Alarm,
Private Security, | ||
Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | ||
control card shall be carried by the person so
trained at | ||
all times when such person is in possession of a | ||
concealable
weapon. For purposes of this subsection, | ||
"financial institution" means a
bank, savings and loan | ||
association, credit union or company providing
armored car | ||
services.
| ||
(9) Any person employed by an armored car company to |
drive an armored
car, while actually engaged in the | ||
performance of his duties.
| ||
(10) Persons who have been classified as peace officers | ||
pursuant
to the Peace Officer Fire Investigation Act.
| ||
(11) Investigators of the Office of the State's | ||
Attorneys Appellate
Prosecutor authorized by the board of | ||
governors of the Office of the
State's Attorneys Appellate | ||
Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||
State's Attorneys Appellate Prosecutor's Act.
| ||
(12) Special investigators appointed by a State's | ||
Attorney under
Section 3-9005 of the Counties Code.
| ||
(12.5) Probation officers while in the performance of | ||
their duties, or
while commuting between their homes, | ||
places of employment or specific locations
that are part of | ||
their assigned duties, with the consent of the chief judge | ||
of
the circuit for which they are employed.
| ||
(13) Court Security Officers while in the performance | ||
of their official
duties, or while commuting between their | ||
homes and places of employment, with
the
consent of the | ||
Sheriff.
| ||
(13.5) A person employed as an armed security guard at | ||
a nuclear energy,
storage, weapons or development site or | ||
facility regulated by the Nuclear
Regulatory Commission | ||
who has completed the background screening and training
| ||
mandated by the rules and regulations of the Nuclear | ||
Regulatory Commission.
|
(14) Manufacture, transportation, or sale of weapons | ||
to
persons
authorized under subdivisions (1) through | ||
(13.5) of this
subsection
to
possess those weapons.
| ||
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||
24-1.6 do not
apply to or affect
any of the following:
| ||
(1) Members of any club or organization organized for | ||
the purpose of
practicing shooting at targets upon | ||
established target ranges, whether
public or private, and | ||
patrons of such ranges, while such members
or patrons are | ||
using their firearms on those target ranges.
| ||
(2) Duly authorized military or civil organizations | ||
while parading,
with the special permission of the | ||
Governor.
| ||
(3) Hunters, trappers or fishermen with a license or
| ||
permit while engaged in hunting,
trapping or fishing.
| ||
(4) Transportation of weapons that are broken down in a
| ||
non-functioning state or are not immediately accessible.
| ||
(c) Subsection 24-1(a)(7) does not apply to or affect any | ||
of the
following:
| ||
(1) Peace officers while in performance of their | ||
official duties.
| ||
(2) Wardens, superintendents and keepers of prisons, | ||
penitentiaries,
jails and other institutions for the | ||
detention of persons accused or
convicted of an offense.
| ||
(3) Members of the Armed Services or Reserve Forces of | ||
the United States
or the Illinois National Guard, while in |
the performance of their official
duty.
| ||
(4) Manufacture, transportation, or sale of machine | ||
guns to persons
authorized under subdivisions (1) through | ||
(3) of this subsection to
possess machine guns, if the | ||
machine guns are broken down in a
non-functioning state or | ||
are not immediately accessible.
| ||
(5) Persons licensed under federal law to manufacture | ||
any weapon from
which 8 or more shots or bullets can be | ||
discharged by a
single function of the firing device, or | ||
ammunition for such weapons, and
actually engaged in the | ||
business of manufacturing such weapons or
ammunition, but | ||
only with respect to activities which are within the lawful
| ||
scope of such business, such as the manufacture, | ||
transportation, or testing
of such weapons or ammunition. | ||
This exemption does not authorize the
general private | ||
possession of any weapon from which 8 or more
shots or | ||
bullets can be discharged by a single function of the | ||
firing
device, but only such possession and activities as | ||
are within the lawful
scope of a licensed manufacturing | ||
business described in this paragraph.
| ||
During transportation, such weapons shall be broken | ||
down in a
non-functioning state or not immediately | ||
accessible.
| ||
(6) The manufacture, transport, testing, delivery, | ||
transfer or sale,
and all lawful commercial or experimental | ||
activities necessary thereto, of
rifles, shotguns, and |
weapons made from rifles or shotguns,
or ammunition for | ||
such rifles, shotguns or weapons, where engaged in
by a | ||
person operating as a contractor or subcontractor pursuant | ||
to a
contract or subcontract for the development and supply | ||
of such rifles,
shotguns, weapons or ammunition to the | ||
United States government or any
branch of the Armed Forces | ||
of the United States, when such activities are
necessary | ||
and incident to fulfilling the terms of such contract.
| ||
The exemption granted under this subdivision (c)(6)
| ||
shall also apply to any authorized agent of any such | ||
contractor or
subcontractor who is operating within the | ||
scope of his employment, where
such activities involving | ||
such weapon, weapons or ammunition are necessary
and | ||
incident to fulfilling the terms of such contract.
| ||
During transportation, any such weapon shall be broken | ||
down in a
non-functioning state, or not immediately | ||
accessible.
| ||
(d) Subsection 24-1(a)(1) does not apply to the purchase, | ||
possession
or carrying of a black-jack or slung-shot by a peace | ||
officer.
| ||
(e) Subsection 24-1(a)(8) does not apply to any owner, | ||
manager or
authorized employee of any place specified in that | ||
subsection nor to any
law enforcement officer.
| ||
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||
Section 24-1.6
do not apply
to members of any club or | ||
organization organized for the purpose of practicing
shooting |
at targets upon established target ranges, whether public or | ||
private,
while using their firearms on those target ranges.
| ||
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||
to:
| ||
(1) Members of the Armed Services or Reserve Forces of | ||
the United
States or the Illinois National Guard, while in | ||
the performance of their
official duty.
| ||
(2) Bonafide collectors of antique or surplus military | ||
ordinance.
| ||
(3) Laboratories having a department of forensic | ||
ballistics, or
specializing in the development of | ||
ammunition or explosive ordinance.
| ||
(4) Commerce, preparation, assembly or possession of | ||
explosive
bullets by manufacturers of ammunition licensed | ||
by the federal government,
in connection with the supply of | ||
those organizations and persons exempted
by subdivision | ||
(g)(1) of this Section, or like organizations and persons
| ||
outside this State, or the transportation of explosive | ||
bullets to any
organization or person exempted in this | ||
Section by a common carrier or by a
vehicle owned or leased | ||
by an exempted manufacturer.
| ||
(g-5) Subsection 24-1(a)(6) does not apply to or affect | ||
persons licensed
under federal law to manufacture any device or | ||
attachment of any kind designed,
used, or intended for use in | ||
silencing the report of any firearm, firearms, or
ammunition
| ||
for those firearms equipped with those devices, and actually |
engaged in the
business of manufacturing those devices, | ||
firearms, or ammunition, but only with
respect to
activities | ||
that are within the lawful scope of that business, such as the
| ||
manufacture, transportation, or testing of those devices, | ||
firearms, or
ammunition. This
exemption does not authorize the | ||
general private possession of any device or
attachment of any | ||
kind designed, used, or intended for use in silencing the
| ||
report of any firearm, but only such possession and activities | ||
as are within
the
lawful scope of a licensed manufacturing | ||
business described in this subsection
(g-5). During | ||
transportation, those devices shall be detached from any weapon
| ||
or
not immediately accessible.
| ||
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||
athlete's possession, transport on official Olympic and | ||
Paralympic transit systems established for athletes, or use of | ||
competition firearms sanctioned by the International Olympic | ||
Committee, the International Paralympic Committee, the | ||
International Shooting Sport Federation, or USA Shooting in | ||
connection with such athlete's training for and participation | ||
in shooting competitions at the 2016 Olympic and Paralympic | ||
Games and sanctioned test events leading up to the 2016 Olympic | ||
and Paralympic Games. | ||
(h) An information or indictment based upon a violation of | ||
any
subsection of this Article need not negative any exemptions | ||
contained in
this Article. The defendant shall have the burden |
of proving such an
exemption.
| ||
(i) Nothing in this Article shall prohibit, apply to, or | ||
affect
the transportation, carrying, or possession, of any | ||
pistol or revolver,
stun gun, taser, or other firearm consigned | ||
to a common carrier operating
under license of the State of | ||
Illinois or the federal government, where
such transportation, | ||
carrying, or possession is incident to the lawful
| ||
transportation in which such common carrier is engaged; and | ||
nothing in this
Article shall prohibit, apply to, or affect the | ||
transportation, carrying,
or possession of any pistol, | ||
revolver, stun gun, taser, or other firearm,
not the subject of | ||
and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||
this Article, which is unloaded and enclosed in a case, firearm
| ||
carrying box, shipping box, or other container, by the | ||
possessor of a valid
Firearm Owners Identification Card.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||
95-885, eff. 1-1-09.)
| ||
Section 25-20. Inoperability. This Article shall be | ||
inoperable as follows: | ||
(a) if the City of Chicago terminates its candidacy to | ||
become the host city for the 2016 Olympic and Paralympic Games, | ||
then this Article is inoperable upon that termination;
| ||
(b) if the International Olympic Committee does not select | ||
the City of Chicago as the host city for the 2016 Olympic and | ||
Paralympic Games on or before December 1, 2009, then this |
Article is inoperable on and after that date; or | ||
(c) if the City of Chicago is chosen as the host city for | ||
the 2016 Olympic and Paralympic Games on or before December 1, | ||
2009, then this Article is inoperable on and after June 30, | ||
2017. | ||
ARTICLE 99.
| ||
Section 99-99. Effective date. This Act takes effect upon | ||
becoming law.
|