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Public Act 096-0007 |
SB2016 Enrolled |
LRB096 11410 RCE 21876 b |
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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. |
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"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 |
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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; |
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(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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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(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 |
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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 |
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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. |
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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. |
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(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:
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(30 ILCS 575/4) (from Ch. 127, par. 132.604)
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(Section scheduled to be repealed on June 30, 2010)
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Sec. 4. Award of State contracts.
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(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
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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 |
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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.
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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.
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(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
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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.
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(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 |
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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 .)
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Section 5-97. The State Mandates Act is amended by adding |
Section 8.33 as follows: |
(30 ILCS 805/8.33 new)
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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.
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Section 95-98. The Metropolitan Pier and Exposition |
Authority Act is amended by changing Section 23.1 as follows:
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(70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
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Sec. 23.1. Affirmative action.
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(a) The Authority shall, within 90 days after the effective
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date of this amendatory Act of 1984, establish and maintain an |
affirmative
action program designed to promote equal |
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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
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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
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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
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good faith efforts at compliance which the Authority may |
reasonably adopt.
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(b) The Authority shall adopt and maintain minority and
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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 |
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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
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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
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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
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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
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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
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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 |