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1     AN ACT concerning the Olympic Games.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4
ARTICLE 1.

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

 
8     Section 5-1. Article title. This Article may be cited as
9 the Olympic Games and Paralympic Games (2016) Law.
 
10     Section 5-5. Definitions. For purposes of this Article:
11     "Bid committee" means Chicago 2016, a local organizing
12 committee that has been incorporated as a not-for-profit
13 corporation, that is authorized by the candidate city to submit
14 a bid on the candidate city's behalf to the IOC for selection
15 as the host city for the games, and that may serve as (or help
16 form) the OCOG if the candidate city is selected as the host
17 city for the games.
18     "Candidate city" means the City of Chicago, which has been
19 selected as a candidate by the IOC to be host city of the
20 games.

 

 

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1     "Competition venues" means, collectively, the venues or
2 facilities to be used for competition and related activities
3 (including, without limitation, training activities) for the
4 games as may be determined by the IOC, the USOC, or the OCOG or
5 the candidate city.
6     "Games" means the 2016 Olympic and Paralympic Games.
7     "Governor" means the Governor of Illinois.
8     "IOC" means the International Olympic Committee.
9     "IPC" means the International Paralympic Committee.
10     "Net financial deficit" means any financial deficit of the
11 OCOG or resulting from the conduct of the games.
12     "Non-competition venues" means, collectively, the venues
13 or facilities to be used for non-competition activities
14 (including, without limitation, live sites, hospitality sites,
15 and administrative and operational offices) for the games as
16 determined by the OCOG or the candidate city, or both, and
17 subject to the reasonable approval of the State.
18     "OCOG" means the bid committee, as the same may be
19 reorganized or reconstituted if the candidate city is selected
20 as the host city for the games, or another not-for-profit
21 corporation that serves as the organizing committee for the
22 games and to be established by the candidate city and the bid
23 committee.
24     "Olympic properties" means, collectively, (1) the
25 properties on which the venues will be located and that are
26 owned or controlled by the State and (2) the Olympic ancillary

 

 

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1 properties.
2     "Olympic ancillary properties" means all public
3 rights-of-ways or public areas that are owned or controlled by
4 the State (or over which it has jurisdiction), including but
5 not limited to streets, highways, sidewalks, alleys,
6 waterways, parks, and bridges necessary and appropriate to the
7 staging of the games as determined by the OCOG or the candidate
8 city, or both, and subject to the reasonable approval of the
9 State.
10     "State" means the State of Illinois.
11     "State indemnification obligation" means the obligation of
12 the State to indemnify the IOC, IPC or USOC, or a combination
13 of those entities, against claims of, and liabilities to, third
14 parties relating to the games, as described in this Article.
15     "USOC" means the United States Olympic Committee.
16     "Venues" means, collectively, the competition venues and
17 non-competition venues.
 
18     Section 5-10. Governmental Cooperation.
19     (a) The State, in accordance with law and to the extent of
20 the State's authority, and subject to the limitations of this
21 Article:
22         (1) guarantees that the candidate city, working in
23     partnership with the OCOG, shall be the primary and lead
24     governmental authority for the planning, organization, and
25     hosting of the games;

 

 

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1         (2) guarantees that the candidate city shall be the
2     primary and lead governmental authority for the planning,
3     organization, and delivery of public services specific to
4     the games;
5         (3) guarantees that the State shall designate a
6     representative (designated as a games liaison) to be the
7     primary point of contact for the State to the candidate
8     city and the OCOG for purposes of intergovernmental
9     coordination in connection with the games;
10         (4) guarantees the State's respect of the Olympic
11     Charter and the Host City Contract promulgated by the IOC;
12         (5) agrees that all representations, warranties, and
13     covenants set forth in this Article as well as any written
14     commitments made by the State regarding the games shall be
15     binding on the State;
16         (6) guarantees that the State will take all necessary
17     measures in order that it fulfill its obligations
18     completely under this Article and any written commitments
19     made by the State to the IOC;
20         (7) declares and confirms that no other important
21     national or international meeting or event will take place
22     in the vicinity of the venues during the period one week
23     before through one week after the games;
24         (8) guarantees that all construction work necessary
25     for the organization of the games within the State, to the
26     extent permitted or authorized by the State, will comply

 

 

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1     with (i) local, regional, and national environmental
2     regulations and acts and (ii) international agreements and
3     protocols to which the United States is a party regarding
4     planning, construction, and protection of the environment;
5         (9) guarantees that it shall provide or cause to be
6     provided all security, medical, and other
7     government-related services that the State customarily
8     provides for comparable large-scale events and that are
9     necessary for the successful planning, organization, and
10     staging of the portions of the games within the State, at
11     no cost to the OCOG;
12         (10) agrees to take such action as may be required by
13     law, and to be effective for the period not later than
14     January 1, 2010 and through the end of the games, to
15     suspend or waive the imposition and collection of fees and
16     charges otherwise imposed and collected by or on behalf of
17     the State for permits and licenses issued to the OCOG
18     applicable to the design, development, construction, and
19     operation or use of the venues and properties related to
20     the games;
21         (11) agrees to cooperate with the candidate city, the
22     bid committee and the OCOG, as well as local, regional, and
23     national business, trade, and service organizations in
24     order to promote and encourage, to the extent permitted by
25     law, the charging of ordinary and customary prices for
26     goods and services associated with the games within the

 

 

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1     State (including, but not limited to, hotel rates,
2     restaurants, and related services) for anyone attending
3     the games, including non-accredited spectators;
4         (12) agrees that, if requested by the candidate city,
5     the bid committee, or the OCOG, it shall permit any member
6     of the General Assembly to introduce legislation necessary
7     to: (i) effectively reduce and sanction ambush marketing,
8     (ii) eliminate illegal street vending during the period
9     beginning 2 weeks before the games through the end of the
10     games; and (iii) control advertising space (including, but
11     not limited to, billboards and advertising on public
12     transport) as well as air space and that any such
13     legislation will be introduced as soon as possible but no
14     later than January 1, 2014;
15         (13) agrees that it shall not engage in any marketing,
16     commercial, or signage program in relation to the games
17     without the prior written consent of the IOC;
18         (14) agrees that it shall coordinate and cooperate with
19     the candidate city and the OCOG concerning a "Look of the
20     Games" program;
21         (15) agrees that it will cooperate with the OCOG and
22     the candidate city (including any applicable candidate
23     city commission) in preventing ambush marketing at the
24     games within the State;
25         (16) agrees to enter into a binding option agreement
26     with the bid committee or the OCOG to provide the OCOG with

 

 

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1     the rights to any and all existing or hereafter developed
2     outdoor commercial advertising space (including
3     billboards) owned or controlled by the State and located
4     within the vicinity of any Olympic properties, which
5     agreement shall provide, among other things, that such
6     advertising space will be available at the OCOG's option
7     for a 12-week period encompassing the games at 2008 best
8     commercial prices adjusted only for inflation;
9         (17) except as may be provided in any other agreement
10     between the State and the candidate city, the bid
11     committee, or the OCOG, agrees to make all of its
12     non-competition and Olympic ancillary properties available
13     at no cost to the OCOG;
14         (18) guarantees that the accessibility standards to be
15     applied for the Paralympic Games shall include the
16     Americans with Disabilities Act, the Fair Housing Act, the
17     Illinois Environmental Barriers Act (and its implementing
18     regulations, the Illinois Accessibility Code), and the
19     Illinois Human Rights Act;
20         (19) shall cooperate with the OCOG to assure that
21     accessibility will be fully integrated into the planning of
22     the Paralympic Games comprising part of the games; and
23         (20) agrees to the formation and authority of the
24     Chicago Olympic Public Safety Command.
25     (b) In the event of a conflict between any provision of
26 this Act and any provision of any written commitments made by

 

 

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1 the State regarding the games, this Act shall prevail and
2 control as to the State.
3     (c) The bid committee and the OCOG shall provide any
4 information reasonably requested by the State, with copies to
5 the leaders of both houses of the General Assembly, to assist
6 in reviewing the provisions of and performance under this
7 Article.
8     (d) Nothing in this Article shall be construed as impairing
9 the Governor's constitutional authority.
 
10     Section 5-15. State indemnification obligation and net
11 financial deficit.
12     (a) Solely through the funds contained in the Olympic Games
13 and Paralympic Games Trust Fund created by this Article, the
14 State shall be liable to the IOC, the IPC, and the USOC for:
15         (1) the State indemnification obligation; and
16         (2) any net financial deficit.
17     The State's liability for the State indemnification
18 obligation and any net financial deficit shall be subject to
19 the terms of this Section of this Article.
20     (b) The State shall not make any payments with respect to
21 the State indemnification obligation or any net financial
22 deficit until and after (i) all bid committee and all OCOG net
23 operating revenues, surplus, reserves, contingencies,
24 receivables, funds, and other available assets and security
25 have been fully expended and (ii) the candidate city has first

 

 

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1 paid at least $250,000,000 in the aggregate towards amounts
2 that would give rise to a State indemnification obligation or a
3 net financial deficit payment obligation on the State's part,
4 or both.
5     (c) Any financial commitments of the State under this
6 Section shall be satisfied exclusively by recourse to the
7 Olympic Games and Paralympic Games Trust Fund.
8     (d) Any financial commitments of the State under this
9 Section shall not exceed $250,000,000 in the aggregate.
 
10     Section 5-20. Olympic Games and Paralympic Games Trust
11 Fund.
12     (a) The Olympic Games and Paralympic Games Trust Fund is
13 created as a special fund in the State Treasury.
14     (b) The State may choose to fund the Olympic Games and
15 Paralympic Games Trust Fund in any manner it considers
16 appropriate, and at such time or times the State determines
17 necessary. By the beginning of State fiscal year 2016, the
18 State shall appropriate sums of money to the Olympic Games and
19 Paralympic Games Trust Fund to provide security for the State
20 indemnification obligation and the net financial deficit.
21     (c) The moneys in the Olympic Games and Paralympic Games
22 Trust Fund may be used only for the sole purpose of fulfilling
23 the obligations of the State pursuant to the State
24 indemnification obligation and any net financial deficit. For
25 each dollar that is expended from the Olympic Games and

 

 

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1 Paralympic Games Trust Fund, the State shall expend an
2 equivalent amount of State funds for road projects outside of
3 the county in which the candidate city is located.
4     (d) No additional State funds shall be deposited into the
5 Olympic Games and Paralympic Games Trust Fund once the Governor
6 determines that the fund has achieved, or is reasonably
7 expected to otherwise accrue, a sufficient balance to provide
8 adequate security, acceptable to the IOC, to demonstrate the
9 State's ability to fulfill its obligations to satisfy the State
10 indemnification obligation and any net financial deficit
11 payment obligation.
12     (e) If the candidate city is selected as the host city for
13 the games, the Olympic Games and Paralympic Games Trust Fund
14 shall be maintained until a determination by the Governor is
15 made that the State's obligations to satisfy the State
16 indemnification obligation and to be liable for any net
17 financial deficit are satisfied and concluded, at which time
18 the fund shall be terminated.
19     (f) Upon the termination of the Olympic Games and
20 Paralympic Games Trust Fund, all sums earmarked, transferred,
21 or contained in the fund, along with any investment earnings
22 retained in the fund, shall immediately revert to the General
23 Revenue Fund.
 
24     Section 5-25. Fund as security; liability. Any moneys
25 deposited, transferred, or otherwise contained in the Olympic

 

 

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1 Games and Paralympic Games Trust Fund shall be, upon
2 appropriation by the General Assembly, used for the sole
3 purpose of providing adequate security, acceptable to the IOC,
4 to demonstrate the State's ability to satisfy its State
5 indemnification obligation and to be liable for any net
6 financial deficit. The security may be provided by moneys
7 contained in the Fund as provided in Section 5-20, or by
8 insurance coverage, letters of credit, or other acceptable
9 secured instruments purchased or secured by the moneys, or by
10 any combination thereof.
 
11     Section 5-30. Insurance. The bid committee and the OCOG
12 shall list the State and the candidate city as additional
13 insureds on any policy of insurance purchased by the bid
14 committee or the OCOG to be in effect in connection with the
15 preparation for and conduct of the games.
 
16     Section 5-35. Bid committee and OCOG responsibilities. The
17 bid committee and the OCOG may not engage in any conduct that
18 reflects unfavorably upon the State, the candidate city, or the
19 games, or that is contrary to law or to the rules and
20 regulations of the IOC, IPC, or USOC.
 
21     Section 5-40. Authority of the Governor. Subject to the
22 limitations of this Article, including but not limited to those
23 contained in Section 5-15, the Governor, or his or her

 

 

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1 designee, on behalf of the State, may execute such other
2 agreements or contracts as may be required by the OCOG, the
3 USOC, the IOC, or the IPC in connection with the candidate city
4 and bid committee's bid to host the Games.
 
5     Section 5-42. Diversity program.
6     (a) The OCOG shall establish and maintain a diversity
7 program to ensure non-discrimination in the award of contracts
8 by the OCOG and the administration of those contracts. To the
9 maximum extent permitted by law, the OCOG shall establish goals
10 as part of the program of awarding not less than 25% of the
11 annual dollar value of all contracts, purchase orders, or other
12 agreements (collectively referred to as "the contracts") to
13 minority owned businesses or businesses owned by a person with
14 a disability, and 5% of the annual dollar value of the
15 contracts to female owned businesses. The subject of the
16 contracts includes, but is not limited to, the purchase of
17 professional services, construction services, supplies,
18 materials, and equipment. Recognizing that the planning,
19 organization, and staging of the games is a unique undertaking,
20 the goals established in this subsection shall exclude: all
21 contracts, purchase orders, or other agreements that (i) must
22 be awarded to a specific source as a result of the OCOG's legal
23 obligations to the USOC or IOC or its official tier 1, tier 2
24 or tier 3 sponsors, (ii) the OCOG awards to a unique or limited
25 supplier of a product, equipment, or service required for the

 

 

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1 games, or (iii) the payments under which are passed through to
2 other constituencies involved in or attending the games (such
3 as under the games accommodation program). If, however, the
4 OCOG awards any contracts, purchase orders, or other agreements
5 described in items (i) through (iii) to a minority-owned
6 business, business owned by a person with a disability, or a
7 female-owned business, those contracts shall be considered
8 towards the goals described in this subsection.
9     (b) For purposes of this Section, the terms "minority owned
10 business", "business owned by a person with a disability", and
11 "female owned business" have the meanings given to those terms
12 in the Business Enterprise for Minorities, Females, and Persons
13 with Disabilities Act. For purposes of meeting the goals of
14 this Section, the State shall recognize OCOG contracts
15 performed in the candidate city that are awarded to
16 minority-owned business enterprises, business enterprises
17 owned by persons with disabilities, or women-owned business
18 enterprises, as those terms are defined in the municipal code
19 of the candidate city.
20     (c) The OCOG shall establish and maintain a diversity
21 program designed to promote equal employment opportunity with
22 respect to its management and operations. The program shall
23 include a plan, including timetables, as appropriate, that
24 specify goals and methods for increasing participation by
25 women, minorities, and persons with disabilities in those
26 employment opportunities.

 

 

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1     (d) Beginning on January 1, 2011, and each year thereafter
2 until the completion of the games, the OCOG shall issue a
3 written report to the Governor, President of the Senate,
4 Minority Leader of the Senate, Speaker of the House of
5 Representatives, Minority Leader of the House of
6 Representatives, mayor of the candidate city, and city council
7 of the candidate city providing the number of respective
8 employees who have designated themselves as members of a
9 minority group, as persons with a disability, or as women. The
10 report shall also describe in detail the OCOG's compliance with
11 the requirements of subsections (a) and (c) of this Section.
12     (e) The Diversity Program Commission is created to monitor,
13 review, and report on minority, female, and persons with
14 disabilities contracting and employment related to the
15 planning, organization, and staging of the games. The
16 Commission shall consist of 2 members appointed by the
17 Governor, 2 members appointed by the President of the Senate, 2
18 members appointed by the Minority Leader of the Senate, 2
19 members appointed by the Speaker of the House of
20 Representatives, 2 members appointed by the Minority Leader of
21 the House of Representatives, one member appointed by the
22 Metropolitan Pier and Exposition Authority Board, one member
23 appointed by the Board of Trustees of the University of
24 Illinois, one member appointed by the Board of Commissioners of
25 the Chicago Park District, 5 members appointed by the mayor of
26 the candidate city, and 5 representatives of the OCOG's

 

 

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1 outreach advisory council appointed by the other members of the
2 Commission upon an affirmative vote of at least 10 of those
3 other members. All appointments shall be made by January 1,
4 2011. The State encourages all parties with the power to
5 appoint members to the Commission to take into account a broad
6 range of experience, including but not limited to experience in
7 government, small business ownership or management, civic or
8 community involvement, and advocacy of equal opportunity for
9 minorities, women, and the disabled in employment and
10 contracting. Beginning on January 1, 2012, and each year
11 thereafter until the completion of the games, the Commission
12 shall file a written report with the OCOG, the General
13 Assembly, the Governor, the mayor of the candidate city, and
14 the city council of the candidate city regarding compliance
15 with the diversity requirements of this Article. The Commission
16 may file a supplemental report at any time. The Commission
17 shall elect its own chairperson, and Commission members shall
18 serve without compensation.
19     The Commission shall meet quarterly and as needed. The
20 Commission shall also meet within one week after the issuance
21 of the reports required under this subsection to, among other
22 things, discuss whether or not: (i) the OCOG is in compliance
23 with the requirements of this Section; (ii) the Metropolitan
24 Pier and Exposition Authority is in compliance with Section
25 23.1 of the Metropolitan Pier and Exposition Authority Act as
26 amended in this Article; (iii) the University of Illinois is in

 

 

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

 

 

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1     The OCOG, the Metropolitan Pier and Exposition Authority,
2 the University of Illinois, and the Chicago Park District shall
3 cooperate with the Commission and provide the Commission with
4 requested information, unless disclosure is prohibited by law.
 
5     Section 5-43. OCOG membership diversity. The State
6 encourages all parties with the power to appoint members to the
7 OCOG Board of Directors to take into account the racial and
8 ethnic diversity of the candidate city in making such
9 appointments.
 
10     Section 5-45. Inoperability.
11     (a) If the candidate city terminates its candidacy to
12 become the host city for the games, then this Article is
13 inoperable upon that termination.
14     (b) If the IOC does not select the candidate city as the
15 host city for the games on or before December 1, 2009, then
16 this Article is inoperable on and after that date.
 
17     Section 5-95. The State Finance Act is amended by adding
18 Sections 5.719 and 6z-80 as follows:
 
19     (30 ILCS 105/5.719 new)
20     Sec. 5.719. The Olympic Games and Paralympic Games Trust
21 Fund.
 

 

 

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1     (30 ILCS 105/6z-80 new)
2     Sec. 6z-80. Appropriations from the Olympic Games and
3 Paralympic Games Trust Fund. The Olympic Games and Paralympic
4 Games Trust Fund is created as a special fund in the State
5 treasury. Subject to appropriation, all money in the Olympic
6 Games and Paralympic Games Trust Fund must be used to make
7 payments required under the Olympic Games and Paralympic Games
8 (2016) Law.
 
9     Section 5-96. The Business Enterprise for Minorities,
10 Females, and Persons with Disabilities Act is amended by
11 changing Section 4 as follows:
 
12     (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
13     (Section scheduled to be repealed on June 30, 2010)
14     Sec. 4. Award of State contracts.
15     (a) Except as provided in subsections subsection (b) and
16 (c), not less than 12% of the total dollar amount of State
17 contracts, as defined by the Secretary of the Council and
18 approved by the Council, shall be established as a goal to be
19 awarded to businesses owned by minorities, females, and persons
20 with disabilities; provided, however, that contracts
21 representing at least five-twelfths of the total amount of all
22 State contracts awarded to businesses owned by minorities,
23 females, and persons with disabilities pursuant to this Section
24 shall be awarded to female owned businesses, and that contracts

 

 

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1 representing at least one-sixth of the total amount of all
2 State contracts awarded to businesses owned by minorities,
3 females, and persons with disabilities pursuant to this Section
4 shall be awarded to businesses owned by persons with
5 disabilities.
6     The above percentage relates to the total dollar amount of
7 State contracts during each State fiscal year, calculated by
8 examining independently each type of contract for each agency
9 or university which lets such contracts. Only that percentage
10 of arrangements which represents the participation of
11 businesses owned by minorities, females, and persons with
12 disabilities on such contracts shall be included.
13     (b) In the case of State construction contracts, the
14 provisions of subsection (a) requiring a portion of State
15 contracts to be awarded to businesses owned and controlled by
16 persons with disabilities do not apply. Not less than 10% of
17 the total dollar amount of State construction contracts is
18 established as a goal to be awarded to minority and female
19 owned businesses, and contracts representing 50% of the amount
20 of all State construction contracts awarded to minority and
21 female owned businesses shall be awarded to female owned
22 businesses.
23     (c) In the case of all work undertaken by the University of
24 Illinois related to the planning, organization, and staging of
25 the games, the University of Illinois shall establish a goal of
26 awarding not less than 25% of the annual dollar value of all

 

 

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1 contracts, purchase orders, and other agreements (collectively
2 referred to as "the contracts") to minority-owned businesses or
3 businesses owned by a person with a disability and 5% of the
4 annual dollar value the contracts to female-owned businesses.
5 For purposes of this subsection, the term "games" has the
6 meaning set forth in the Olympic Games and Paralympic Games
7 (2016) Law.
8 (Source: P.A. 87-701; 88-597, eff. 8-28-94.)
 
9     Section 5-97. The State Mandates Act is amended by adding
10 Section 8.33 as follows:
 
11     (30 ILCS 805/8.33 new)
12     Sec. 8.33. Exempt mandate. Notwithstanding the provisions
13 of Sections 6 and 8 of this Act, no reimbursement by the State
14 is required for the implementation of Section 5-42 of the
15 Olympic Games and Paralympic Games (2016) Law.
 
16     Section 95-98. The Metropolitan Pier and Exposition
17 Authority Act is amended by changing Section 23.1 as follows:
 
18     (70 ILCS 210/23.1)  (from Ch. 85, par. 1243.1)
19     Sec. 23.1. Affirmative action.
20     (a) The Authority shall, within 90 days after the effective
21 date of this amendatory Act of 1984, establish and maintain an
22 affirmative action program designed to promote equal

 

 

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1 employment opportunity and eliminate the effects of past
2 discrimination. Such program shall include a plan, including
3 timetables where appropriate, which shall specify goals and
4 methods for increasing participation by women and minorities in
5 employment, including employment related to the planning,
6 organization, and staging of the games, by the Authority and by
7 parties which contract with the Authority. The Authority shall
8 submit a detailed plan with the General Assembly prior to
9 September 1 of each year. Such program shall also establish
10 procedures and sanctions (including debarment), which the
11 Authority shall enforce to ensure compliance with the plan
12 established pursuant to this Section and with State and federal
13 laws and regulations relating to the employment of women and
14 minorities. A determination by the Authority as to whether a
15 party to a contract with the Authority has achieved the goals
16 or employed the methods for increasing participation by women
17 and minorities shall be determined in accordance with the terms
18 of such contracts or the applicable provisions of rules and
19 regulations of the Authority existing at the time such contract
20 was executed, including any provisions for consideration of
21 good faith efforts at compliance which the Authority may
22 reasonably adopt.
23     (b) The Authority shall adopt and maintain minority and
24 female owned business enterprise procurement programs under
25 the affirmative action program described in subsection (a) for
26 any and all work, including all contracting related to the

 

 

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1 planning, organization, and staging of the games, undertaken by
2 the Authority. That work shall include, but is not limited to,
3 the purchase of professional services, construction services,
4 supplies, materials, and equipment. The programs shall
5 establish goals of awarding not less than 25% of the annual
6 dollar value of all contracts, purchase orders, or other
7 agreements (collectively referred to as "contracts") to
8 minority owned businesses and 5% of the annual dollar value of
9 all contracts to female owned businesses. Without limiting the
10 generality of the foregoing, the programs shall require in
11 connection with the prequalification or consideration of
12 vendors for professional service contracts, construction
13 contracts, and contracts for supplies, materials, equipment,
14 and services that each proposer or bidder submit as part of his
15 or her proposal or bid a commitment detailing how he or she
16 will expend 25% or more of the dollar value of his or her
17 contracts with one or more minority owned businesses and 5% or
18 more of the dollar value with one or more female owned
19 businesses. Bids or proposals that do not include such detailed
20 commitments are not responsive and shall be rejected unless the
21 Authority deems it appropriate to grant a waiver of these
22 requirements. In addition the Authority may, in connection with
23 the selection of providers of professional services, reserve
24 the right to select a minority or female owned business or
25 businesses to fulfill the commitment to minority and female
26 business participation. The commitment to minority and female

 

 

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1 business participation may be met by the contractor or
2 professional service provider's status as a minority or female
3 owned business, by joint venture or by subcontracting a portion
4 of the work with or purchasing materials for the work from one
5 or more such businesses, or by any combination thereof. Each
6 contract shall require the contractor or provider to submit a
7 certified monthly report detailing the status of that
8 contractor or provider's compliance with the Authority's
9 minority and female owned business enterprise procurement
10 program. The Authority, after reviewing the monthly reports of
11 the contractors and providers, shall compile a comprehensive
12 report regarding compliance with this procurement program and
13 file it quarterly with the General Assembly. If, in connection
14 with a particular contract, the Authority determines that it is
15 impracticable or excessively costly to obtain minority or
16 female owned businesses to perform sufficient work to fulfill
17 the commitment required by this subsection, the Authority shall
18 reduce or waive the commitment in the contract, as may be
19 appropriate. The Authority shall establish rules and
20 regulations setting forth the standards to be used in
21 determining whether or not a reduction or waiver is
22 appropriate. The terms "minority owned business" and "female
23 owned business" have the meanings given to those terms in the
24 Business Enterprise for Minorities, Females, and Persons with
25 Disabilities Act.
26     (c) The Authority shall adopt and maintain an affirmative

 

 

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1 action program in connection with the hiring of minorities and
2 women on the Expansion Project and on any and all construction
3 projects, including all contracting related to the planning,
4 organization, and staging of the games, undertaken by the
5 Authority. The program shall be designed to promote equal
6 employment opportunity and shall specify the goals and methods
7 for increasing the participation of minorities and women in a
8 representative mix of job classifications required to perform
9 the respective contracts awarded by the Authority.
10     (d) In connection with the Expansion Project, the Authority
11 shall incorporate the following elements into its minority and
12 female owned business procurement programs to the extent
13 feasible: (1) a major contractors program that permits minority
14 owned businesses and female owned businesses to bear
15 significant responsibility and risk for a portion of the
16 project; (2) a mentor/protege program that provides financial,
17 technical, managerial, equipment, and personnel support to
18 minority owned businesses and female owned businesses; (3) an
19 emerging firms program that includes minority owned businesses
20 and female owned businesses that would not otherwise qualify
21 for the project due to inexperience or limited resources; (4) a
22 small projects program that includes participation by smaller
23 minority owned businesses and female owned businesses on jobs
24 where the total dollar value is $5,000,000 or less; and (5) a
25 set-aside program that will identify contracts requiring the
26 expenditure of funds less than $50,000 for bids to be submitted

 

 

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1 solely by minority owned businesses and female owned
2 businesses.
3     (e) The Authority is authorized to enter into agreements
4 with contractors' associations, labor unions, and the
5 contractors working on the Expansion Project to establish an
6 Apprenticeship Preparedness Training Program to provide for an
7 increase in the number of minority and female journeymen and
8 apprentices in the building trades and to enter into agreements
9 with Community College District 508 to provide readiness
10 training. The Authority is further authorized to enter into
11 contracts with public and private educational institutions and
12 persons in the hospitality industry to provide training for
13 employment in the hospitality industry.
14     (f) McCormick Place Advisory Board. There is created a
15 McCormick Place Advisory Board composed as follows: 2 members
16 shall be appointed by the Mayor of Chicago; 2 members shall be
17 appointed by the Governor; 2 members shall be State Senators
18 appointed by the President of the Senate; 2 members shall be
19 State Senators appointed by the Minority Leader of the Senate;
20 2 members shall be State Representatives appointed by the
21 Speaker of the House of Representatives; and 2 members shall be
22 State Representatives appointed by the Minority Leader of the
23 House of Representatives. The terms of all previously appointed
24 members of the Advisory Board expire on the effective date of
25 this amendatory Act of the 92nd General Assembly. A State
26 Senator or State Representative member may appoint a designee

 

 

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1 to serve on the McCormick Place Advisory Board in his or her
2 absence.
3     A "member of a minority group" shall mean a person who is a
4 citizen or lawful permanent resident of the United States and
5 who is
6         (1) Black (a person having origins in any of the black
7     racial groups in Africa);
8         (2) Hispanic (a person of Spanish or Portuguese culture
9     with origins in Mexico, South or Central America, or the
10     Caribbean Islands, regardless of race);
11         (3) Asian American (a person having origins in any of
12     the original peoples of the Far East, Southeast Asia, the
13     Indian Subcontinent, or the Pacific Islands); or
14         (4) American Indian or Alaskan Native (a person having
15     origins in any of the original peoples of North America).
16     Members of the McCormick Place Advisory Board shall serve
17 2-year terms and until their successors are appointed, except
18 members who serve as a result of their elected position whose
19 terms shall continue as long as they hold their designated
20 elected positions. Vacancies shall be filled by appointment for
21 the unexpired term in the same manner as original appointments
22 are made. The McCormick Place Advisory Board shall elect its
23 own chairperson.
24     Members of the McCormick Place Advisory Board shall serve
25 without compensation but, at the Authority's discretion, shall
26 be reimbursed for necessary expenses in connection with the

 

 

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1 performance of their duties.
2     The McCormick Place Advisory Board shall meet quarterly, or
3 as needed, shall produce any reports it deems necessary, and
4 shall:
5         (1) Work with the Authority on ways to improve the area
6     physically and economically;
7         (2) Work with the Authority regarding potential means
8     for providing increased economic opportunities to
9     minorities and women produced indirectly or directly from
10     the construction and operation of the Expansion Project;
11         (3) Work with the Authority to minimize any potential
12     impact on the area surrounding the McCormick Place
13     Expansion Project, including any impact on minority or
14     female owned businesses, resulting from the construction
15     and operation of the Expansion Project;
16         (4) Work with the Authority to find candidates for
17     building trades apprenticeships, for employment in the
18     hospitality industry, and to identify job training
19     programs;
20         (5) Work with the Authority to implement the provisions
21     of subsections (a) through (e) of this Section in the
22     construction of the Expansion Project, including the
23     Authority's goal of awarding not less than 25% and 5% of
24     the annual dollar value of contracts to minority and female
25     owned businesses, the outreach program for minorities and
26     women, and the mentor/protege program for providing

 

 

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1     assistance to minority and female owned businesses.
2     (g) The Authority shall comply with subsection (e) of
3 Section 5-42 of the Olympic Games and Paralympic Games (2016)
4 Law. For purposes of this Section, the term "games" has the
5 meaning set forth in the Olympic Games and Paralympic Games
6 (2016) Law.
7 (Source: P.A. 91-422, eff. 1-1-00; 92-16, eff. 6-28-01; 92-208,
8 eff. 8-2-01.)
 
9     Section 95-99. The Chicago Park District Act is amended by
10 adding Section 7.07 as follows:
 
11     (70 ILCS 1505/7.07 new)
12     Sec. 7.07. Olympic and paralympic games; contracts and
13 employment.
14     (a) All contracting and employment related to the planning,
15 organization, and staging of the games shall be subject to all
16 applicable ordinances contained in the Code of the Chicago Park
17 District, including but not limited to Chapter I (General
18 Provisions and Definitions), Chapter IV (Human Rights),
19 Chapter V (Personnel), and Chapter XI (Purchasing and
20 Contracting).
21     (b) The Chicago Park District shall comply with subsection
22 (e) of Section 5-42 of the Olympic Games and Paralympic Games
23 (2016) Law.
24     (c) For purposes of this Section, the term "games" has the

 

 

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1 meaning set forth in the Olympic Games and Paralympic Games
2 (2016) Law.
 
3     Section 95-100. The University of Illinois at Chicago Act
4 is amended by adding Section 1.1 as follows:
 
5     (110 ILCS 320/1.1 new)
6     Sec. 1.1. Olympic and paralympic games; contracting and
7 employment.
8     (a) All contracting and employment related to the planning,
9 organization, and staging of the games shall be subject to all
10 applicable laws, policies, and statements, including but not
11 limited to Section 4 of the Business Enterprise for Minorities,
12 Females, and Persons with Disabilities Act and the Statement of
13 Reaffirmation, Affirmative Action in Employment, University of
14 Illinois at Chicago, June 2008. The University shall comply
15 with subsection (e) of Section 5-42 of the Olympic Games and
16 Paralympic Games (2016) Law.
17     (b) For purposes of this Section, the term "games" has the
18 meaning set forth in the Olympic Games and Paralympic Games
19 (2016) Law.
 
20
ARTICLE 10.

 
21     Section 10-1. Article title. This Article may be cited as
22 the Olympic Public Safety Law.
 

 

 

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1     Section 10-5. Purpose. As part of the bid to host the 2016
2 Olympic and Paralympic Games in Chicago, this Article provides
3 for the creation of a commission, known as the Chicago Olympic
4 Public Safety Command, or COPSC, that will engage in security
5 and public safety planning, management, and administration if
6 Chicago is selected as the host city for the 2016 Olympic and
7 Paralympic Games. In the event of such selection, it is
8 intended that COPSC will contribute to the achievement of the
9 following objectives: foster the intergovernmental cooperation
10 of local, State, and federal public safety agencies in
11 providing for the public safety of the Olympic and Paralympic
12 Games; develop a comprehensive security and public safety plan;
13 create a unified chain of command; and implement an effective
14 and efficient public safety and security operation that does
15 not compromise the celebratory spirit of the Olympic and
16 Paralympic Games.
 
17     Section 10-10. Definitions. As used in this Article:
18     "Chicago 2016" means Chicago 2016, an Illinois
19 not-for-profit corporation formed to bid for the opportunity of
20 hosting the Olympic and Paralympic Games, or as the context
21 requires, a successor in interest to Chicago 2016, such as an
22 organizing committee for the Olympic and Paralympic Games
23 formed after the selection of Chicago as the host city for that
24 event.

 

 

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1     "COPSC" means the Chicago Olympic Public Safety Command
2 contemplated in Section 10-15.
3     "COPSC Chairperson" means the Chairperson of COPSC.
4     "ESG" means Executive Strategy Group of COPSC.
5     "Law enforcement and public safety services" includes
6 programs and services to, among other things:
7         (1) provide for crowd and traffic safety;
8         (2) suppress or reduce crime;
9         (3) provide for or assist in criminal investigation;
10         (4) provide forensic, communications, and records
11     support services;
12         (5) facilitate intelligence and information sharing
13     among federal, State, and local authorities and with
14     relevant private sector participants;
15         (6) deter and disrupt terrorism activity related to the
16     Olympic and Paralympic Games through aggressive
17     investigation and prosecution;
18         (7) assure that the organizational structure and plans
19     exist to effectively prepare for, and respond to, any
20     terrorist incidents or other emergencies in the State
21     related to the Olympic and Paralympic Games; and
22         (8) assure that public safety plans are coordinated and
23     integrated with the operations plans of Chicago 2016 for
24     the Olympic and Paralympic Games.
25     "Local law enforcement agency" means any political
26 subdivision of the State or an agency of a political

 

 

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

 

 

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1         (1) fire service;
2         (2) emergency medical services; or
3         (3) emergency management and communication.
4     "Venue Commander" means a person who shall direct and
5 coordinate law enforcement and public safety personnel and
6 responsibilities at a designated Olympic venue during the
7 period of the Olympic and Paralympic Games, as set forth in
8 this Article.
 
9     Section 10-15. Chicago Olympic Public Safety Command.
10     (a) If the International Olympic Committee selects the City
11 of Chicago to host the Olympic and Paralympic Games, then the
12 Chicago Olympic Public Safety Command (COPSC) shall be
13 established.
14     (b) The policymaking responsibility of COPSC shall be
15 vested in ESG.
16     (c) ESG shall consist of the following initial members:
17         (1) the COPSC Chairperson;
18         (2) the Executive Director of COPSC (non-voting
19     member);
20         (3) the Commissioner of the Chicago Fire Department;
21         (4) a representative of Chicago 2016 appointed by the
22     COPSC Chairperson;
23         (5) the Executive Director for the Office of Emergency
24     Management and Communications of the City of Chicago;
25         (6) the Special Agent-In-Charge of the Chicago

 

 

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1     Division of the United States Federal Bureau of
2     Investigation, or other representative designated by the
3     United States Federal Bureau of Investigation;
4         (7) the Special Agent-In-Charge of the Chicago
5     Division of the United States Secret Service, or other
6     representative designated by the United States Secret
7     Service;
8         (8) the Regional Director for the Federal Emergency
9     Management Agency;
10         (9) a representative appointed by the Director of the
11     Illinois State Police; and
12         (10) the Superintendent of the Chicago Police
13     Department, if the COPSC Chairperson is someone other than
14     the Superintendent of the Chicago Police Department.
15     (d) Each member of COPSC, including those of ESG and the
16 Executive Director of COPSC, shall serve without additional
17 compensation from the State of Illinois.
18     (e) The COPSC Chairperson shall be the Superintendent of
19 the Chicago Police Department, or such other suitably qualified
20 person appointed by the Mayor of the City of Chicago. The COPSC
21 Chairperson shall chair COPSC and ESG and shall call meetings
22 of each from time to time in furtherance of the purposes of
23 this Article. A majority of the members of ESG constitutes a
24 quorum for the transaction of business. All members of ESG
25 other than the Executive Director of COPSC shall be voting
26 members, and the action of a majority of a quorum of ESG shall

 

 

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1 constitute the action of ESG.
2     (f) The COPSC Chairperson may appoint additional members of
3 ESG at a properly constituted meeting of ESG, but each such
4 appointment shall be subject to written consent by a majority
5 of the other members of ESG present at the same or a subsequent
6 properly constituted meeting of ESG.
7     (g) ESG shall establish a strategic plan for law
8 enforcement and public safety services related to the Olympic
9 and Paralympic Games, including the coordination of personnel
10 and resources of State, local, and federal law enforcement and
11 public safety agencies.
12     (h) ESG shall define the composition, organizational
13 structure, and high-level administrative policies of COPSC.
14     (i) COPSC shall:
15         (1) in furtherance of the strategic plan developed by
16     ESG, and in consultation with State, local, and federal law
17     enforcement and public safety agencies, establish a
18     detailed plan for law enforcement and public safety
19     services related to the Olympic and Paralympic Games,
20     including the coordination of personnel and resources of
21     State, local, and federal law enforcement and public safety
22     agencies;
23         (2) develop any policies necessary to inform and direct
24     COPSC in the implementation of that plan;
25         (3) amend that plan to promote the effective,
26     efficient, and cooperative implementation of the plan and

 

 

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1     the preservation of public safety;
2         (4) integrate that plan with the operations plans of
3     Chicago 2016 for the Olympic and Paralympic Games; and
4         (5) perform such other functions as directed by the
5     COPSC Chairperson or ESG, consistent with the purposes of
6     this Article.
7     (j) All State and local law enforcement and public safety
8 agencies shall cooperate with the planning and coordination
9 efforts of COPSC, as requested by COPSC and subject to
10 applicable law. COPSC shall, unless it relinquishes such
11 authority in whole or part, and subject to applicable superior
12 federal law or authority, have primary responsibility for law
13 enforcement and public safety services at each Olympic venue in
14 the State (including an area extending up to approximately 300
15 yards from the secure perimeter of each Olympic site, as
16 defined and promulgated by COPSC) during the period of the
17 Olympic and Paralympic Games. Designated Venue Commanders at
18 each such Olympic venue shall direct and coordinate on-scene
19 law enforcement and public safety personnel and
20 responsibilities and shall be managed by the COPSC Chairperson
21 or his or her designee.
 
22     Section 10-20. COPSC Chairperson; Venue Commanders.
23     (a) The COPSC Chairperson shall appoint qualified
24 individuals to serve as Venue Commanders at Olympic venues
25 during the period of the Olympic and Paralympic Games.

 

 

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1     (b) The COPSC Chairperson shall coordinate law enforcement
2 and public safety agency activities during the Olympic and
3 Paralympic Games with respect to Olympic venues and events, and
4 shall direct the execution of the plan established by COPSC.
 
5     Section 10-25. Executive Director of COPSC.
6     (a) The COPSC Chairperson shall appoint a representative of
7 Chicago 2016 as the Executive Director of COPSC.
8     (b) The Executive Director of COPSC shall report to the
9 COPSC Chairperson and manage the day-to-day activities of
10 COPSC.
 
11     Section 10-30. Deputization. COPSC may enter into
12 agreements with political subdivisions of the State and with
13 other states, regional authorities, and the federal
14 Government. Pursuant to these agreements, the COPSC
15 Chairperson may deputize or otherwise designate qualified law
16 enforcement personnel from those other governmental units to
17 assist COPSC in performing specifically described activities
18 under this Article during the period of the Olympic and
19 Paralympic Games. Those deputized or designated persons shall
20 have the status of a peace officer in the State during the
21 period of the Olympic and Paralympic Games, and shall have all
22 the powers possessed by policemen in cities and by sheriffs,
23 including the power to make arrests for violations of State
24 statutes or municipal or county ordinances, except that those

 

 

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1 powers (i) may be exercised only within the geographic areas
2 affirmatively authorized in writing by the COPSC Chairperson
3 and (ii) may be otherwise restricted or limited by the COPSC
4 Chairperson in that writing. Any authorization for
5 deputization or designation pursuant to this subsection shall
6 be made in writing, and should be carried by each such
7 deputized or designated person (or kept in reasonable proximity
8 thereto) and produced upon demand by another peace officer.
 
9     Section 10-35. Inoperability. This Article shall be
10 inoperable as follows:
11     (a) if the City of Chicago terminates its candidacy to
12 become the host city for the Olympic and Paralympic Games, then
13 this Article is inoperable upon that termination;
14     (b) if the International Olympic Committee does not select
15 the City of Chicago as of the host city for the Olympic and
16 Paralympic Games on or before December 1, 2009, then this
17 Article is inoperable on and after that date; or
18     (c) if the City of Chicago is chosen as the host city for
19 the Olympic and Paralympic Games on or before December 1, 2009,
20 then this Article is inoperable on and after June 30, 2017.
 
21
ARTICLE 15.

 
22     Section 15-1. Article title. This Article may be cited as
23 the Olympic and Paralympic Trademark Protection Law.
 

 

 

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1     Section 15-5. Purpose. As part of the bid of Chicago 2016,
2 an Illinois not-for-profit corporation, and the City of Chicago
3 to host the 2016 Olympic and Paralympic Games in Chicago, this
4 Article provides for additional protection for trademarks used
5 by or reserved for exclusive use by the United States Olympic
6 Committee and Chicago 2016 and its successor organizing
7 committee for the Games (the OCOG) in the marketing, promotion,
8 and operation of such Games. This Article amends the Trademark
9 Registration and Protection Act to: prohibit any third party
10 from registering trade names or trademarks used by the USOC,
11 Chicago 2016, or the OCOG; protect against infringement of
12 Olympic trademarks; and provide the USOC, Chicago 2016, and the
13 OCOG, with exclusive rights to use certain words, emblems,
14 slogans, mascots, and symbols for the Games, and the ability to
15 enforce those rights against others who use them in commerce,
16 including in Circuit Court in Cook County. This Article also
17 amends the Business Corporation Act of 1983, the General Not
18 For Profit Corporation Act of 1986, and the Limited Liability
19 Company Act to prohibit registration of business names
20 featuring certain Olympic trademarks from and after the
21 effective date of this Article.
 
22     Section 15-10. The Trademark Registration and Protection
23 Act is amended by changing Section 10 and by adding Section 62
24 as follows:
 

 

 

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1     (765 ILCS 1036/10)
2     Sec. 10. Registrability. A mark by which the goods or
3 services of an applicant for registration may be distinguished
4 from the goods or services of others shall not be registered if
5 it:
6     (a) consists of or comprises immoral, deceptive, or
7 scandalous matter; or
8     (b) consists of or comprises matter that may disparage or
9 falsely suggest a connection with persons, living or dead,
10 institutions, beliefs, or national symbols, or bring them into
11 contempt, or disrepute; or
12     (c) consists of or comprises the flag or coat of arms or
13 other insignia of the United States, or of any state or
14 municipality, or of any foreign nation, or any simulation
15 thereof; or
16     (d) consists of or comprises the name, signature or
17 portrait identifying a particular living individual, except by
18 the individual's written consent; or
19     (e) consists of a mark which: (1) when used on or in
20 connection with the goods or services of the applicant, is
21 merely descriptive or deceptively misdescriptive of them, or
22 (2) when used on or in connection with the goods or services of
23 the applicant is primarily geographically descriptive or
24 deceptively misdescriptive of them, or (3) is primarily merely
25 a surname; however, nothing in this subsection (e) shall

 

 

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1 prevent the registration of a mark used by the applicant which
2 has become distinctive of the applicant's goods or services.
3 The Secretary may accept as evidence that the mark has become
4 distinctive, as used on or in connection with the applicant's
5 goods or services, proof of continuous use thereof as a mark by
6 the applicant in this State for the 5 years before the date on
7 which the claim of distinctiveness is made; or
8     (f) consists of or comprises a mark which so resembles a
9 mark registered in this State of a mark of tradename previously
10 used by another and not abandoned, as to be likely, when used
11 on or in connection with the goods or services of the
12 applicant, to cause confusion or mistake or to deceive; or .
13     (g) without the consent of the United States Olympic
14 Committee:
15         (1) contains or consists of the symbol of the
16     International Olympic Committee, consisting of 5
17     interlocking rings, or the symbol of the International
18     Paralympic Committee;
19         (2) contains or consists of the terms "Olympic",
20     "Olympiad", "Paralympic", "Paralympiad", "Citius Altius
21     Fortius", or "Chicago 2016"; or
22         (3) is substantially identical to any other mark or
23     trade name used by the International Olympic Committee, the
24     International Paralympic Committee, the United States
25     Olympic Committee, or Chicago 2016 or its successor
26     organizing committee for the 2016 Olympic and Paralympic

 

 

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1     Games.
2 (Source: P.A. 90-231, eff. 1-1-98.)
 
3     (765 ILCS 1036/62 new)
4     Sec. 62. Infringement of Olympic marks. Notwithstanding
5 any other Section of this Act:
6     (a) The United States Olympic Committee has the exclusive
7 right to use, and license for use, in this State any of the
8 following:
9         (1) any mark to which the United States Olympic
10     Committee has exclusive rights under 36 U.S.C. 220506;
11         (2) the designations "Chicago 2016", "CHICOG",
12     "Chicago Organizing Committee for the 2016 Olympic and
13     Paralympic Games", "Chicago Olympic Committee" and
14     "Chicago Paralympic Committee";
15         (3) the emblem of Chicago 2016, featuring a stylized
16     design of a 6-pointed star superimposed over vertical
17     stripes, and any other official emblem adopted by Chicago
18     2016;
19         (4) the slogan "Stir the Soul" and any other official
20     slogan adopted by Chicago 2016;
21         (5) any official mascot or mascots adopted by Chicago
22     2016; and
23         (6) the phrases "Chicago Olympic Games", "Chicago
24     Olympics", "Chicago Paralympic Games", and "Chicago
25     Paralympics" and any other official phrase adopted by

 

 

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1     Chicago 2016.
2     (b) The United States Olympic Committee, Chicago 2016 as
3 designee of the United States Olympic Committee, or both, may
4 file a civil action in the Circuit Court of Cook County, or any
5 other circuit court in the State of Illinois permitted by law,
6 against any person for the remedies provided under Section 70
7 of this Act if the person, without the consent of the United
8 States Olympic Committee or Chicago 2016, uses for the purpose
9 of trade, to induce the sale of any goods or services, or to
10 promote any theatrical exhibition, athletic performance, or
11 competition:
12         (1) any mark registered in Illinois to the United
13     States Olympic Committee or Chicago 2016;
14         (2) any mark referenced in subsection (a) of this
15     Section; or
16         (3) any word, symbol, design, graphic, or image, or
17     combination thereof, tending to cause confusion or
18     mistake, to deceive, or to falsely suggest a connection or
19     association with, or authorization by, the International
20     Olympic Committee, the International Paralympic Committee,
21     the United States Olympic Committee, Chicago 2016, or any
22     Olympic or Paralympic activity.
23     (c) If any provision of this Section or the application
24 thereof to any person or circumstance is held invalid, the
25 invalidity shall not affect other provisions or applications of
26 this Section which can be given effect without the invalid

 

 

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1 provision, and to this end the provisions of this Section are
2 severable.
3     (d) For the purposes of this Section, references to Chicago
4 2016 include the Illinois not-for-profit corporation of that
5 name and its successor organizing committee for the 2016
6 Olympic and Paralympic Games.
7     (e) Nothing in this Section is intended to limit any rights
8 or remedies provided under the Counterfeit Trademark Act.
 
9     Section 15-15. The Business Corporation Act of 1983 is
10 amended by changing Sections 4.05 and 4.15 as follows:
 
11     (805 ILCS 5/4.05)  (from Ch. 32, par. 4.05)
12     Sec. 4.05. Corporate name of domestic or foreign
13 corporation.
14     (a) The corporate name of a domestic corporation or of a
15 foreign corporation organized, existing or subject to the
16 provisions of this Act:
17         (1) Shall contain, separate and apart from any other
18     word or abbreviation in such name, the word "corporation",
19     "company", "incorporated", or "limited", or an
20     abbreviation of one of such words, and if the name of a
21     foreign corporation does not contain, separate and apart
22     from any other word or abbreviation, one of such words or
23     abbreviations, the corporation shall add at the end of its
24     name, as a separate word or abbreviation, one of such words

 

 

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1     or an abbreviation of one of such words.
2         (2) Shall not contain any word or phrase which
3     indicates or implies that the corporation (i) is authorized
4     or empowered to conduct the business of insurance,
5     assurance, indemnity, or the acceptance of savings
6     deposits; (ii) is authorized or empowered to conduct the
7     business of banking unless otherwise permitted by the
8     Commissioner of Banks and Real Estate pursuant to Section
9     46 of the Illinois Banking Act; or (iii) is authorized or
10     empowered to be in the business of a corporate fiduciary
11     unless otherwise permitted by the Commissioner of Banks and
12     Real Estate under Section 1-9 of the Corporate Fiduciary
13     Act. The word "trust", "trustee", or "fiduciary" may be
14     used by a corporation only if it has first complied with
15     Section 1-9 of the Corporate Fiduciary Act. The word
16     "bank", "banker" or "banking" may only be used by a
17     corporation if it has first complied with Section 46 of the
18     Illinois Banking Act.
19         (3) Shall be distinguishable upon the records in the
20     office of the Secretary of State from the name or assumed
21     name of any domestic corporation or limited liability
22     company organized under the Limited Liability Company Act,
23     whether profit or not for profit, existing under any Act of
24     this State or of the name or assumed name of any foreign
25     corporation or foreign limited liability company
26     registered under the Limited Liability Company Act,

 

 

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1     whether profit or not for profit, authorized to transact
2     business in this State, or a name the exclusive right to
3     which is, at the time, reserved or registered in the manner
4     provided in this Act or Section 1-15 of the Limited
5     Liability Company Act, except that, subject to the
6     discretion of the Secretary of State, a foreign corporation
7     that has a name prohibited by this paragraph may be issued
8     a certificate of authority to transact business in this
9     State, if the foreign corporation:
10             (i) Elects to adopt an assumed corporate name or
11         names in accordance with Section 4.15 of this Act; and
12             (ii) Agrees in its application for a certificate of
13         authority to transact business in this State only under
14         such assumed corporate name or names.
15         (4) Shall contain the word "trust", if it be a domestic
16     corporation organized for the purpose of accepting and
17     executing trusts, shall contain the word "pawners", if it
18     be a domestic corporation organized as a pawners' society,
19     and shall contain the word "cooperative", if it be a
20     domestic corporation organized as a cooperative
21     association for pecuniary profit.
22         (5) Shall not contain a word or phrase, or an
23     abbreviation or derivation thereof, the use of which is
24     prohibited or restricted by any other statute of this State
25     unless such restriction has been complied with.
26         (6) Shall consist of letters of the English alphabet,

 

 

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1     Arabic or Roman numerals, or symbols capable of being
2     readily reproduced by the office of the Secretary of State.
3         (7) Shall be the name under which the corporation shall
4     transact business in this State unless the corporation
5     shall also elect to adopt an assumed corporate name or
6     names as provided in this Act; provided, however, that the
7     corporation may use any divisional designation or trade
8     name without complying with the requirements of this Act,
9     provided the corporation also clearly discloses its
10     corporate name.
11         (8) (Blank).
12         (9) Shall not, as to any corporation organized or
13     amending its corporate name on or after the effective date
14     of this amendatory Act of the 96th General Assembly,
15     without the express written consent of the United States
16     Olympic Committee, contain the words: (i) "Olympic"; (ii)
17     "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v)
18     "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago
19     2016".
20     (b) The Secretary of State shall determine whether a name
21 is "distinguishable" from another name for purposes of this
22 Act. Without excluding other names which may not constitute
23 distinguishable names in this State, a name is not considered
24 distinguishable, for purposes of this Act, solely because it
25 contains one or more of the following:
26         (1) the word "corporation", "company", "incorporated",

 

 

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1     or "limited", "limited liability" or an abbreviation of one
2     of such words;
3         (2) articles, conjunctions, contractions,
4     abbreviations, different tenses or number of the same word;
5     (c) Nothing in this Section or Sections 4.15 or 4.20 shall:
6         (1) Require any domestic corporation existing or any
7     foreign corporation having a certificate of authority on
8     the effective date of this Act, to modify or otherwise
9     change its corporate name or assumed corporate name, if
10     any.
11         (2) Abrogate or limit the common law or statutory law
12     of unfair competition or unfair trade practices, nor
13     derogate from the common law or principles of equity or the
14     statutes of this State or of the United States with respect
15     to the right to acquire and protect copyrights, trade
16     names, trade marks, service names, service marks, or any
17     other right to the exclusive use of names or symbols.
18 (Source: P.A. 92-33, eff. 7-1-01.)
 
19     (805 ILCS 5/4.15)  (from Ch. 32, par. 4.15)
20     Sec. 4.15. Assumed corporate name.
21     (a) A domestic corporation or a foreign corporation
22 admitted to transact business or attempting to gain admission
23 to transact business may elect to adopt an assumed corporate
24 name that complies with the requirements of paragraphs (2),
25 (3), (4), (5), and (6), and (9) of subsection (a) of Section

 

 

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1 4.05 of this Act with respect to corporate names.
2     (b) As used in this Act, "assumed corporate name" means any
3 corporate name other than the true corporate name, except that
4 the following shall not constitute the use of an assumed
5 corporate name under this Act:
6         (1) the identification by a corporation of its business
7     with a trademark or service mark of which it is the owner
8     or licensed user; and
9         (2) the use of a name of a division, not separately
10     incorporated and not containing the word "corporation",
11     "incorporated", or "limited" or an abbreviation of one of
12     such words, provided the corporation also clearly
13     discloses its corporate name.
14     (c) Before transacting any business in this State under an
15 assumed corporate name or names, the corporation shall, for
16 each assumed corporate name, pursuant to resolution by its
17 board of directors, execute and file in duplicate in accordance
18 with Section 1.10 of this Act, an application setting forth:
19         (1) The true corporate name.
20         (2) The state or country under the laws of which it is
21     organized.
22         (3) That it intends to transact business under an
23     assumed corporate name.
24         (4) The assumed corporate name which it proposes to
25     use.
26     (d) The right to use an assumed corporate name shall be

 

 

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

 

 

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1     Section 15-20. The General Not For Profit Corporation Act
2 of 1986 is amended by changing Section 104.05 as follows:
 
3     (805 ILCS 105/104.05)  (from Ch. 32, par. 104.05)
4     Sec. 104.05. Corporate name of domestic or foreign
5 corporation.
6     (a) The corporate name of a domestic corporation or of a
7 foreign corporation organized, existing or subject to the
8 provisions of this Act:
9         (1) May contain, separate and apart from any other word
10     or abbreviation in such name, the word "corporation,"
11     "company," "incorporated," or "limited," or an
12     abbreviation of one of such words;
13         (2) Must end with the letters "NFP" if the corporate
14     name contains any word or phrase which indicates or implies
15     that the corporation is organized for any purpose other
16     than a purpose for which corporations may be organized
17     under this Act or a purpose other than a purpose set forth
18     in the corporation's articles of incorporation;
19         (3) Shall be distinguishable upon the records in the
20     the office of the Secretary of State from the name or
21     assumed name of any domestic corporation or limited
22     liability company organized under the Limited Liability
23     Company Act, whether for profit or not for profit, existing
24     under any Act of this State or the name or assumed name of

 

 

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1     any foreign corporation or foreign limited liability
2     company registered under the Limited Liability Company
3     Act, whether for profit or not for profit, authorized to
4     transact business or conduct affairs in this State, or a
5     name the exclusive right to which is, at the time, reserved
6     or registered in the manner provided in this Act or Section
7     1-15 of the Limited Liability Company Act, except that,
8     subject to the discretion of the Secretary of State, a
9     foreign corporation that has a name prohibited by this
10     paragraph may be issued a certificate of authority to
11     conduct its affairs in this State, if the foreign
12     corporation:
13             (i) Elects to adopt an assumed corporation name or
14         names in accordance with Section 104.15 of this Act;
15         and
16             (ii) Agrees in its application for a certificate of
17         authority to conduct affairs in this State only under
18         such assumed corporate name or names;
19         (4) Shall not contain a word or phrase, or an
20     abbreviation or derivation thereof, the use of which is
21     prohibited or restricted by any other statute of this State
22     unless such restriction has been complied with;
23         (5) Shall consist of letters of the English alphabet,
24     Arabic or Roman numerals, or symbols capable of being
25     readily reproduced by the office of the Secretary of State;
26         (6) Shall not contain the words "regular democrat,"

 

 

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1     "regular democratic," "regular republican," "democrat,"
2     "democratic," or "republican," nor the name of any other
3     established political party, unless consent to usage of
4     such words or name is given to the corporation by the State
5     central committee of such established political party;
6     notwithstanding any other provisions of this Act, any
7     corporation, whose name at the time this amendatory Act
8     takes effect contains any of the words listed in this
9     paragraph shall certify to the Secretary of State no later
10     than January 1, 1989, that consent has been given by the
11     State central committee; consent given to a corporation by
12     the State central committee to use the above listed words
13     may be revoked upon notification to the corporation and the
14     Secretary of State; and
15         (7) Shall be the name under which the corporation shall
16     conduct affairs in this State unless the corporation shall
17     also elect to adopt an assumed corporate name or names as
18     provided in this Act; provided, however, that the
19     corporation may use any divisional designation or trade
20     name without complying with the requirements of this Act,
21     provided the corporation also clearly discloses its
22     corporate name; and .
23         (8) Shall not, as to any corporation organized or
24     amending its corporate name on or after the effective date
25     of this amendatory Act of the 96th General Assembly,
26     without the express written consent of the United States

 

 

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1     Olympic Committee, contain the words: (i) "Olympic"; (ii)
2     "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v)
3     "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago
4     2016".
5     (b) The Secretary of State shall determine whether a name
6 is "distinguishable" from another name for purposes of this
7 Act. Without excluding other names which may not constitute
8 distinguishable names in this State, a name is not considered
9 distinguishable, for purposes of this Act, solely because it
10 contains one or more of the following:
11         (1) The word "corporation," "company," "incorporated,"
12     or "limited" or an abbreviation of one of such words;
13         (2) Articles, conjunctions, contractions,
14     abbreviations, different tenses or number of the same word.
15     (c) Nothing in this Section or Sections 104.15 or 104.20 of
16 this Act shall:
17         (1) Require any domestic corporation existing or any
18     foreign corporation having a certificate of authority on
19     the effective date of this Act, to modify or otherwise
20     change its corporate name or assumed corporate name, if
21     any; or
22         (2) Abrogate or limit the common law or statutory law
23     of unfair competition or unfair trade practices, nor
24     derogate from the common law or principles of equity or the
25     statutes of this State or of the United States with respect
26     to the right to acquire and protect copyrights, trade

 

 

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1     names, trade marks, service names, service marks, or any
2     other right to the exclusive use of name or symbols.
3 (Source: P.A. 92-33, eff. 7-1-01; revised 10-28-08.)
 
4     Section 15-25. The Limited Liability Company Act is amended
5 by changing Section 1-10 as follows:
 
6     (805 ILCS 180/1-10)
7     Sec. 1-10. Limited liability company name.
8     (a) The name of each limited liability company as set forth
9 in its articles of organization:
10         (1) shall contain the terms "limited liability
11     company", "L.L.C.", or "LLC";
12         (2) may not contain a word or phrase, or an
13     abbreviation or derivation thereof, the use of which is
14     prohibited or restricted by any other statute of this State
15     unless the restriction has been complied with;
16         (3) shall consist of letters of the English alphabet,
17     Arabic or Roman numerals, or symbols capable of being
18     readily reproduced by the Office of the Secretary of State;
19         (4) shall not contain any of the following terms:
20     "Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
21     "Co.," "Limited Partnership" or "L.P.";
22         (5) shall be the name under which the limited liability
23     company transacts business in this State unless the limited
24     liability company also elects to adopt an assumed name or

 

 

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1     names as provided in this Act; provided, however, that the
2     limited liability company may use any divisional
3     designation or trade name without complying with the
4     requirements of this Act, provided the limited liability
5     company also clearly discloses its name;
6         (6) shall not contain any word or phrase that indicates
7     or implies that the limited liability company is authorized
8     or empowered to be in the business of a corporate fiduciary
9     unless otherwise permitted by the Commissioner of the
10     Office of Banks and Real Estate under Section 1-9 of the
11     Corporate Fiduciary Act. The word "trust", "trustee", or
12     "fiduciary" may be used by a limited liability company only
13     if it has first complied with Section 1-9 of the Corporate
14     Fiduciary Act; and
15         (7) shall contain the word "trust", if it is a limited
16     liability company organized for the purpose of accepting
17     and executing trusts; and .
18         (8) shall not, as to any limited liability company
19     organized or amending its company name on or after the
20     effective date of this amendatory Act of the 96th General
21     Assembly, without the express written consent of the United
22     States Olympic Committee, contain the words: (i)
23     "Olympic"; (ii) "Olympiad"; (iii) "Paralympic"; (iv)
24     "Paralympiad"; (v) "Citius Altius Fortius"; (vi) "CHICOG";
25     or (vii) "Chicago 2016".
26     (b) Nothing in this Section or Section 1-20 shall abrogate

 

 

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1 or limit the common law or statutory law of unfair competition
2 or unfair trade practices, nor derogate from the common law or
3 principles of equity or the statutes of this State or of the
4 United States of America with respect to the right to acquire
5 and protect copyrights, trade names, trademarks, service
6 marks, service names, or any other right to the exclusive use
7 of names or symbols.
8     (c) (Blank).
9     (d) The name shall be distinguishable upon the records in
10 the Office of the Secretary of State from all of the following:
11         (1) Any limited liability company that has articles of
12     organization filed with the Secretary of State under
13     Section 5-5.
14         (2) Any foreign limited liability company admitted to
15     transact business in this State.
16         (3) Any name for which an exclusive right has been
17     reserved in the Office of the Secretary of State under
18     Section 1-15.
19         (4) Any assumed name that is registered with the
20     Secretary of State under Section 1-20.
21         (5) Any corporate name or assumed corporate name of a
22     domestic or foreign corporation subject to the provisions
23     of Section 4.05 of the Business Corporation Act of 1983 or
24     Section 104.05 of the General Not For Profit Corporation
25     Act of 1986.
26     (e) The provisions of subsection (d) of this Section shall

 

 

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1 not apply if the organizer files with the Secretary of State a
2 certified copy of a final decree of a court of competent
3 jurisdiction establishing the prior right of the applicant to
4 the use of that name in this State.
5     (f) The Secretary of State shall determine whether a name
6 is "distinguishable" from another name for the purposes of this
7 Act. Without excluding other names that may not constitute
8 distinguishable names in this State, a name is not considered
9 distinguishable, for purposes of this Act, solely because it
10 contains one or more of the following:
11         (1) The word "limited", "liability" or "company" or an
12     abbreviation of one of those words.
13         (2) Articles, conjunctions, contractions,
14     abbreviations, or different tenses or number of the same
15     word.
16 (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
 
17
ARTICLE 20.

 
18     Section 20-5. Article title. This Article may be cited as
19 the 2016 Olympic and Paralympic Games Professional Licensure
20 Exemption Law.
 
21     Section 20-10. The Department of Professional Regulation
22 Law of the Civil Administrative Code of Illinois is amended by
23 adding Section 2105-350 as follows:
 

 

 

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1     (20 ILCS 2105/2105-350 new)
2     Sec. 2105-350. Licensing exemptions related to the 2016
3 Olympic and Paralympic Games.
4     (a) Definitions. For purposes of this Section:
5     "Eligible personnel" means individuals formally accredited
6 by the OCOG under IOC procedures and regulations, or in the
7 case of a sanctioned test event, the individuals formally
8 designated by the OCOG under specific procedures applicable to
9 the sanctioned test event.
10     "Bid committee" means Chicago 2016, a local organizing
11 committee that has been incorporated as a not-for-profit
12 corporation, that is authorized by the candidate city to submit
13 a bid on the candidate city's behalf to the IOC for selection
14 as the host city for the games, and that may serve as (or help
15 form) the OCOG if the candidate city is selected as the host
16 city for the games.
17     "Candidate city" means the City of Chicago, which has been
18 selected as a candidate by the IOC to be the host city of the
19 games.
20     "Competition venues" means, collectively, the venues or
21 facilities to be used for competition and related activities,
22 including, without limitation, training activities, for the
23 games or sanctioned test events as may be determined by the
24 IOC, the USOC, or the OCOG or the candidate city.
25     "Department" means the Department of Financial and

 

 

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1 Professional Regulation of the State.
2     "Foreign licensing body" means (i) another state or
3 territory of the United States of America, or (ii) a foreign
4 country or other political entity recognized by the United
5 States of America as sovereign, or a political subdivision
6 thereof.
7     "Games" means the 2016 Olympic and Paralympic Games,
8 including all associated meetings, ceremonies, performances,
9 and events.
10     "IOC" means the International Olympic Committee.
11     "NOC" means a National Olympic Committee.
12     "Non-competition venues" means, collectively, the venues
13 or facilities to be used for non-competition activities,
14 including, without limitation, the Olympic village, broadcast
15 and media center, live sites, hospitality sites, and
16 administrative and operational offices, for the games or
17 sanctioned test events, as determined by the IOC, the USOC, or
18 the OCOG or the candidate city.
19     "NPC" means a National Paralympic Committee.
20     "OCOG" means the bid committee or the same as may be
21 reorganized or reconstituted if the candidate city is selected
22 as the host city for the games, or another not-for-profit
23 corporation to be established by the candidate city and the bid
24 committee, which is to serve as the organizing committee for
25 the games.
26     "Period of the games" means the period commencing 28 days

 

 

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1 prior to the opening ceremony of the 2016 Olympic Games and
2 concluding 28 days after the closing ceremony of the 2016
3 Paralympic Games.
4     "Representative" means an individual formally accredited
5 by the OCOG under IOC procedures and regulations as a member or
6 guest of an NOC or NPC delegation participating in the games,
7 or an individual formally designated by the OCOG or another
8 applicable organizing committee of a sanctioned test event as
9 being a member or guest of an NOC or NPC delegation, or
10 athletic team, participating in the sanctioned test event.
11     "Sanctioned test event" means an event designated in
12 writing by the OCOG to the Department at least 30 days in
13 advance and which is conducted for the purpose of preparing or
14 evaluating the ability and preparedness of the OCOG or the
15 candidate city to host the games.
16     "Specified occupation" means the following occupations or
17 professions: physician, chiropractic physician, advanced
18 practice nurse, practical nurse, licensed practical nurse,
19 registered nurse, registered professional nurse, physical
20 therapist, physical therapist assistant, physician assistant,
21 athletic trainer, veterinarian, veterinary technician, and
22 massage therapist.
23     "Sponsoring delegation" means an NOC or NPC delegation or
24 another accredited delegation for the games, or in the case of
25 a sanctioned test event, an NOC or NPC delegation or athletic
26 team, which engages, funds, supports, or otherwise requires the

 

 

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1 attendance and participation of the individual or entity to
2 whom or which a licensing exception contained in this Section
3 would apply.
4     "State" means the State of Illinois.
5     "USOC" means the U.S. Olympic Committee.
6     "Venues" means, collectively, the competition and
7 non-competition venues.
8     (b) Notwithstanding any law of the State or political
9 subdivision thereof to the contrary, an individual or entity
10 may engage in the practice of the specified occupations without
11 being licensed under any Act administered by the Department or
12 by the Department of Public Health of the State, provided that
13 the individual or entity:
14         (1) is duly licensed by, or otherwise authorized to
15     practice the profession or occupation by, a foreign
16     licensing body;
17         (2) provides services at the invitation of an OCOG for
18     the professional purpose of caring for or attending to the
19     needs of individuals participating in or attending the
20     games;
21         (3) restricts his, her or its licensed or authorized
22     services and duties solely to the provision of care or
23     service at one or more venues as specified by the OCOG, and
24     in the case of venues without access control, restricts
25     his, her or its licensed or authorized services and duties
26     solely to the provision of care or service to eligible

 

 

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

 

 

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1     licensing body;
2         (2) provides services for the professional purposes of
3     attending to the needs of the representatives of a
4     sponsoring delegation;
5         (3) restricts his or her or its licensed or authorized
6     services and duties solely to the representatives of the
7     sponsoring delegation during the representatives' stay in
8     the State;
9         (4) provides services at the invitation of a sponsoring
10     delegation;
11         (5) provides only those services of a specified
12     occupation that the individual or entity is licensed or
13     otherwise authorized to provide by the foreign licensing
14     body; and
15         (6) restricts the provision of said care or services to
16     the period of the games, or in the case of a sanctioned
17     test event, to the period of said sanctioned test event
18     together with any necessary period before and after said
19     sanctioned test event, which period shall not commence more
20     than 28 days before said sanctioned test event or terminate
21     more than 28 days after said sanctioned test event.
22     (e) The requirements of this Section 2105-350 do not apply
23 to the exemptions authorized by the Department pursuant to
24 Section 2105-400 of this Act.
25     (f) This Section becomes inoperable as provided in Section
26 20-15 of the 2016 Olympic and Paralympic Games Professional

 

 

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1 Licensure Exemption Law.
 
2     Section 20-15. Inoperability. This Article, including
3 Section 2105-350 of the Department of Professional Regulation
4 Law of the Civil Administrative Code of Illinois, shall be
5 inoperable as follows:
6     (a) if the candidate city terminates its candidacy to
7 become the host city for the games, then this Article is
8 inoperable upon that termination;
9     (b) if the IOC does not select the candidate city as the
10 host city for the games on or before December 1, 2009, then
11 this Article is inoperable on and after that date; or
12     (c) if the candidate city is chosen as the host city for
13 the games on or before December 1, 2009, then this Article is
14 inoperable on and after June 30, 2017; except that subsection
15 (c) of Section 20-10 of this Article shall survive until the
16 expiration of all relevant statutes of limitation.
 
17     Section 20-20. The Illinois Athletic Trainers Practice Act
18 is amended by changing Section 4 as follows:
 
19     (225 ILCS 5/4)  (from Ch. 111, par. 7604)
20     (Section scheduled to be repealed on January 1, 2016)
21     Sec. 4. Licensure requirement - Exempt activities. After
22 the effective date of this Act, no person shall provide any of
23 the services set forth in subsection (4) of Section 3 of this

 

 

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1 Act, or use the title "athletic trainer" or "certified athletic
2 trainer" or "athletic trainer certified" or the letters "A.T.",
3 "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after his name,
4 unless licensed under this Act.
5     Nothing in this Act shall be construed as preventing or
6 restricting the practice, services, or activities of:
7         (1) Any person licensed or registered in this State by
8     any other law from engaging in the profession or occupation
9     for which he or she is licensed or registered.
10         (2) Any person employed as an athletic trainer by the
11     Government of the United States, if such person provides
12     athletic training solely under the direction or control of
13     the organization by which he or she is employed.
14         (3) Any person pursuing a course of study leading to a
15     degree or certificate in athletic training at an accredited
16     educational program if such activities and services
17     constitute a part of a supervised course of study involving
18     daily personal or verbal contact at the site of supervision
19     between the athletic training student and the licensed
20     athletic trainer who plans, directs, advises, and
21     evaluates the student's athletic training clinical
22     education. The supervising licensed athletic trainer must
23     be on-site where the athletic training clinical education
24     is being obtained. A person meeting the criteria under this
25     paragraph (3) must be designated by a title which clearly
26     indicates his or her status as a student or trainee.

 

 

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1         (4) (Blank).
2         (5) The practice of athletic training under the
3     supervision of a licensed athletic trainer by one who has
4     applied in writing to the Department for licensure and has
5     complied with all the provisions of Section 9 except the
6     passing of the examination to be eligible to receive such
7     license. In no event shall this exemption extend to any
8     person for longer than 3 months. Anyone who has previously
9     failed the examination, or who fails the examination during
10     this 3-month period, shall immediately cease practice as an
11     athletic trainer and shall not engage in the practice of
12     athletic training again until he or she passes the
13     examination.
14         (6) Any person in a coaching position from rendering
15     emergency care on an as needed basis to the athletes under
16     his or her supervision when a licensed athletic trainer is
17     not available.
18         (7) Any person who is an athletic trainer from another
19     nation, state, or territory acting as an athletic trainer
20     while performing his duties for his or her respective
21     non-Illinois based team or organization, so long as he or
22     she restricts his or her duties to his or her team or
23     organization during the course of his or her team's or
24     organization's stay in this State. For the purposes of this
25     Act, a team shall be considered based in Illinois if its
26     home contests are held in Illinois, regardless of the

 

 

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1     location of the team's administrative offices.
2         (8) The practice of athletic training by persons
3     licensed in another state who have applied in writing to
4     the Department for licensure by endorsement for no longer
5     than 6 months or until notification has been given that
6     licensure has been granted or denied, whichever period of
7     time is lesser.
8         (9) The practice of athletic training by one who has
9     applied in writing to the Department for licensure and has
10     complied with all the provisions of Section 9 for no longer
11     than 6 months or until notification has been given that
12     licensure has been granted or denied, whichever period of
13     time is lesser.
14         (10) The practice of athletic training by persons
15     actively licensed as an athletic trainer in another state,
16     or currently certified by the National Athletic Trainers
17     Association Board of Certification, Inc., or its successor
18     entity, at a special athletic tournament or event conducted
19     by a sanctioned amateur athletic organization, including,
20     but not limited to, the Prairie State Games and the Special
21     Olympics, for no more than 14 days. This shall not include
22     contests or events that are part of a scheduled series of
23     regular season events.
24         (11) Athletic trainer aides from performing patient
25     care activities under the on-site supervision of a licensed
26     athletic trainer. These patient care activities shall not

 

 

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1     include interpretation of referrals or evaluation
2     procedures, planning or major modifications of patient
3     programs, administration of medication, or solo practice
4     or event coverage without immediate access to a licensed
5     athletic trainer.
6         (12) Persons or entities practicing the specified
7     occupations set forth in subsection (a) of, and pursuant to
8     a licensing exemption granted in subsection (b) or (d) of,
9     Section 2105-350 of the Department of Professional
10     Regulation Law of the Civil Administrative Code of
11     Illinois, but only for so long as the 2016 Olympic and
12     Paralympic Games Professional Licensure Exemption Law is
13     operable.
14 (Source: P.A. 94-246, eff. 1-1-06.)
 
15     Section 20-25. The Massage Licensing Act is amended by
16 changing Section 25 as follows:
 
17     (225 ILCS 57/25)
18     (Section scheduled to be repealed on January 1, 2012)
19     Sec. 25. Exemptions.
20     (a) This Act does not prohibit a person licensed under any
21 other Act in this State from engaging in the practice for which
22 he or she is licensed.
23     (b) Persons exempted under this Section include, but are
24 not limited to, physicians, podiatrists, naprapaths, and

 

 

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

 

 

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1 they are approved by an Asian bodywork organization based on a
2 minimum level of training, demonstration of competency, and
3 adherence to ethical standards set by their governing body.
4     (h) Practitioners of other forms of bodywork who restrict
5 manipulation of soft tissue to the feet, hands, and ears, and
6 who do not have the client disrobe, such as reflexology, are
7 exempt from this Act.
8     (i) Nothing in this Act applies to massage therapists from
9 other states or countries when providing educational programs
10 or services for a period not exceeding 30 days within a
11 calendar year.
12     (j) Nothing in this Act prohibits a person from treating
13 ailments by spiritual means through prayer alone in accordance
14 with the tenets and practices of a recognized church or
15 religious denomination.
16     (k) Nothing in this Act applies to persons or entities
17 practicing the specified occupations set forth in subsection
18 (a) of, and pursuant to a licensing exemption granted in
19 subsection (b) or (d) of, Section 2105-350 of the Department of
20 Professional Regulation Law of the Civil Administrative Code of
21 Illinois, but only for so long as the 2016 Olympic and
22 Paralympic Games Professional Licensure Exemption Law is
23 operable.
24 (Source: P.A. 92-860, eff. 6-1-03.)
 
25     Section 20-30. The Medical Practice Act of 1987 is amended

 

 

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1 by changing Section 4 as follows:
 
2     (225 ILCS 60/4)  (from Ch. 111, par. 4400-4)
3     (Section scheduled to be repealed on December 31, 2010)
4     Sec. 4. Exemptions.
5     (a) This Act does not apply to the following:
6         (1) persons lawfully carrying on their particular
7     profession or business under any valid existing regulatory
8     Act of this State;
9         (2) persons rendering gratuitous services in cases of
10     emergency; or
11         (3) persons treating human ailments by prayer or
12     spiritual means as an exercise or enjoyment of religious
13     freedom; or .
14         (4) persons practicing the specified occupations set
15     forth in in subsection (a) of, and pursuant to a licensing
16     exemption granted in subsection (b) or (d) of, Section
17     2105-350 of the Department of Professional Regulation Law
18     of the Civil Administrative Code of Illinois, but only for
19     so long as the 2016 Olympic and Paralympic Games
20     Professional Licensure Exemption Law is operable.
21     (b) (Blank).
22 (Source: P.A. 93-379, eff. 7-24-03.)
 
23     Section 20-35. The Nurse Practice Act is amended by
24 changing Section 50-15 as follows:
 

 

 

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1     (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
2     (Section scheduled to be repealed on January 1, 2018)
3     Sec. 50-15. Policy; application of Act.
4     (a) For the protection of life and the promotion of health,
5 and the prevention of illness and communicable diseases, any
6 person practicing or offering to practice advanced,
7 professional, or practical nursing in Illinois shall submit
8 evidence that he or she is qualified to practice, and shall be
9 licensed as provided under this Act. No person shall practice
10 or offer to practice advanced, professional, or practical
11 nursing in Illinois or use any title, sign, card or device to
12 indicate that such a person is practicing professional or
13 practical nursing unless such person has been licensed under
14 the provisions of this Act.
15     (b) This Act does not prohibit the following:
16         (1) The practice of nursing in Federal employment in
17     the discharge of the employee's duties by a person who is
18     employed by the United States government or any bureau,
19     division or agency thereof and is a legally qualified and
20     licensed nurse of another state or territory and not in
21     conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
22     this Act.
23         (2) Nursing that is included in the program of study by
24     students enrolled in programs of nursing or in current
25     nurse practice update courses approved by the Department.

 

 

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

 

 

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

 

 

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1         (11) Any person licensed in this State under any other
2     Act from engaging in the practice for which she or he is
3     licensed.
4         (12) Delegation to authorized direct care staff
5     trained under Section 15.4 of the Mental Health and
6     Developmental Disabilities Administrative Act consistent
7     with the policies of the Department.
8         (13) The practice, services, or activities of persons
9     practicing the specified occupations set forth in
10     subsection (a) of, and pursuant to a licensing exemption
11     granted in subsection (b) or (d) of, Section 2105-350 of
12     the Department of Professional Regulation Law of the Civil
13     Administrative Code of Illinois, but only for so long as
14     the 2016 Olympic and Paralympic Games Professional
15     Licensure Exemption Law is operable.
16     Nothing in this Act shall be construed to limit the
17 delegation of tasks or duties by a physician, dentist, or
18 podiatrist to a licensed practical nurse, a registered
19 professional nurse, or other persons.
20 (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08.)
 
21     Section 20-40. The Illinois Physical Therapy Act is amended
22 by changing Section 2 as follows:
 
23     (225 ILCS 90/2)  (from Ch. 111, par. 4252)
24     (Section scheduled to be repealed on January 1, 2016)

 

 

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1     Sec. 2. Licensure requirement; exempt activities. Practice
2 without a license forbidden - exception. No person shall after
3 the date of August 31, 1965 begin to practice physical therapy
4 in this State or hold himself out as being able to practice
5 this profession, unless he is licensed as such in accordance
6 with the provisions of this Act. After the effective date of
7 this amendatory Act of 1990, no person shall practice or hold
8 himself out as a physical therapist assistant unless he is
9 licensed as such under this Act. A physical therapist shall use
10 the initials "PT" in connection with his or her name to denote
11 licensure under this Act, and a physical therapist assistant
12 shall use the initials "PTA" in connection with his or her name
13 to denote licensure under this Act.
14     This Act does not prohibit:
15         (1) Any person licensed in this State under any other
16     Act from engaging in the practice for which he is licensed.
17         (2) The practice of physical therapy by those persons,
18     practicing under the supervision of a licensed physical
19     therapist and who have met all of the qualifications as
20     provided in Sections 7, 8.1, and 9 of this Act, until the
21     next examination is given for physical therapists or
22     physical therapist assistants and the results have been
23     received by the Department and the Department has
24     determined the applicant's eligibility for a license.
25     Anyone failing to pass said examination shall not again
26     practice physical therapy until such time as an examination

 

 

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1     has been successfully passed by such person.
2         (3) The practice of physical therapy for a period not
3     exceeding 6 months by a person who is in this State on a
4     temporary basis to assist in a case of medical emergency or
5     to engage in a special physical therapy project, and who
6     meets the qualifications for a physical therapist as set
7     forth in Sections 7 and 8 of this Act and is licensed in
8     another state as a physical therapist.
9         (4) Practice of physical therapy by qualified persons
10     who have filed for endorsement for no longer than one year
11     or until such time that notification of licensure has been
12     granted or denied, whichever period of time is lesser.
13         (5) One or more licensed physical therapists from
14     forming a professional service corporation under the
15     provisions of the "Professional Service Corporation Act",
16     approved September 15, 1969, as now or hereafter amended,
17     and licensing such corporation for the practice of physical
18     therapy.
19         (6) Physical therapy aides from performing patient
20     care activities under the on-site supervision of a licensed
21     physical therapist or licensed physical therapist
22     assistant. These patient care activities shall not include
23     interpretation of referrals, evaluation procedures, the
24     planning of or major modifications of, patient programs.
25         (7) Physical Therapist Assistants from performing
26     patient care activities under the general supervision of a

 

 

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1     licensed physical therapist. The physical therapist must
2     maintain continual contact with the physical therapist
3     assistant including periodic personal supervision and
4     instruction to insure the safety and welfare of the
5     patient.
6         (8) The practice of physical therapy by a physical
7     therapy student or a physical therapist assistant student
8     under the on-site supervision of a licensed physical
9     therapist. The physical therapist shall be readily
10     available for direct supervision and instruction to insure
11     the safety and welfare of the patient.
12         (9) The practice of physical therapy as part of an
13     educational program by a physical therapist licensed in
14     another state or country for a period not to exceed 6
15     months.
16         (10) The practice, services, or activities of persons
17     practicing the specified occupations set forth in
18     subsection (a) of, and pursuant to a licensing exemption
19     granted in subsection (b) or (d) of, Section 2105-350 of
20     the Department of Professional Regulation Law of the Civil
21     Administrative Code of Illinois, but only for so long as
22     the 2016 Olympic and Paralympic Games Professional
23     Licensure Exemption Law is operable.
24 (Source: P.A. 93-1010, eff. 8-24-04.)
 
25     Section 20-45. The Physician Assistant Practice Act of 1987

 

 

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1 is amended by changing Section 5 as follows:
 
2     (225 ILCS 95/5)  (from Ch. 111, par. 4605)
3     (Section scheduled to be repealed on January 1, 2018)
4     Sec. 5. This Act does not prohibit:
5     1. Any person licensed in this State under any other Act
6 from engaging in the practice for which he is licensed;
7     2. The practice as a physician assistant by a person who is
8 employed by the United States government or any bureau,
9 division or agency thereof while in the discharge of the
10 employee's official duties;
11     3. The practice as a physician assistant which is included
12 in their program of study by students enrolled in schools or in
13 refresher courses approved by the Department.
14     4. The practice, services, or activities of persons
15 practicing the specified occupations set forth in subsection
16 (a) of, and pursuant to a licensing exemption granted in
17 subsection (b) or (d) of, Section 2105-350 of the Department of
18 Professional Regulation Law of the Civil Administrative Code of
19 Illinois, but only for so long as the 2016 Olympic and
20 Paralympic Games Professional Licensure Exemption Law is
21 operable.
22 (Source: P.A. 85-1209.)
 
23     Section 20-50. The Veterinary Medicine and Surgery
24 Practice Act of 2004 is amended by changing Section 4 as

 

 

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1 follows:
 
2     (225 ILCS 115/4)  (from Ch. 111, par. 7004)
3     (Section scheduled to be repealed on January 1, 2014)
4     Sec. 4. Exemptions. Nothing in this Act shall apply to any
5 of the following:
6         (1) Veterinarians employed by the federal or State
7     government while engaged in their official duties.
8         (2) Licensed veterinarians from other states who are
9     invited to Illinois for consultation or lecturing.
10         (3) Veterinarians employed by colleges or universities
11     while engaged in the performance of their official duties,
12     or faculty engaged in animal husbandry or animal management
13     programs of colleges or universities.
14         (4) A veterinarian employed by an accredited college of
15     veterinary medicine providing assistance requested by a
16     veterinarian licensed in Illinois, acting with informed
17     consent from the client and acting under the direct or
18     indirect supervision and control of the licensed
19     veterinarian. Providing assistance involves hands-on
20     active participation in the treatment and care of the
21     patient. The licensed veterinarian shall maintain
22     responsibility for the veterinarian-client-patient
23     relationship.
24         (5) Veterinary students in an accredited college,
25     university, department of a university, or other

 

 

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1     institution of veterinary medicine and surgery engaged in
2     duties assigned by their instructors.
3         (6) Any person engaged in bona fide scientific research
4     which requires the use of animals.
5         (7) An owner of livestock and any of the owner's
6     employees or the owner and employees of a service and care
7     provider of livestock caring for and treating livestock
8     belonging to the owner or under a provider's care,
9     including but not limited to, the performance of husbandry
10     and livestock management practices such as dehorning,
11     castration, emasculation, or docking of cattle, horses,
12     sheep, goats, and swine, artificial insemination, and
13     drawing of semen. Nor shall this Act be construed to
14     prohibit any person from administering in a humane manner
15     medicinal or surgical treatment to any livestock in the
16     care of such person. However, any such services shall
17     comply with the Humane Care for Animals Act.
18         (8) An owner of an animal, or an agent of the owner
19     acting with the owner's approval, in caring for, training,
20     or treating an animal belonging to the owner, so long as
21     that individual or agent does not represent himself or
22     herself as a veterinarian or use any title associated with
23     the practice of veterinary medicine or surgery or diagnose,
24     prescribe drugs, or perform surgery. The agent shall
25     provide the owner with a written statement summarizing the
26     nature of the services provided and obtain a signed

 

 

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1     acknowledgment from the owner that they accept the services
2     provided. The services shall comply with the Humane Care
3     for Animals Act. The provisions of this item (8) do not
4     apply to a person who is exempt under item (7).
5         (9) A member in good standing of another licensed or
6     regulated profession within any state or a member of an
7     organization or group approved by the Department by rule
8     providing assistance requested by a veterinarian licensed
9     in this State acting with informed consent from the client
10     and acting under the direct or indirect supervision and
11     control of the licensed veterinarian. Providing assistance
12     involves hands-on active participation in the treatment
13     and care of the patient, as defined by rule. The licensed
14     veterinarian shall maintain responsibility for the
15     veterinarian-client-patient relationship.
16         (10) A graduate of a non-accredited college of
17     veterinary medicine who is in the process of obtaining a
18     certificate of educational equivalence and is performing
19     duties or actions assigned by instructors in an approved
20     college of veterinary medicine.
21         (11) A certified euthanasia technician who is
22     authorized to perform euthanasia in the course and scope of
23     his or her employment.
24         (12) A person who, without expectation of
25     compensation, provides emergency veterinary care in an
26     emergency or disaster situation so long as he or she does

 

 

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1     not represent himself or herself as a veterinarian or use a
2     title or degree pertaining to the practice of veterinary
3     medicine and surgery.
4         (13) An employee of a licensed veterinarian performing
5     duties other than diagnosis, prognosis, prescription, or
6     surgery under the direction and supervision of the
7     veterinarian, who shall be responsible for the performance
8     of the employee.
9         (14) An approved humane investigator regulated under
10     the Humane Care for Animals Act or employee of a shelter
11     licensed under the Animal Welfare Act, working under the
12     indirect supervision of a licensed veterinarian.
13         (15) An individual providing equine dentistry services
14     requested by a veterinarian licensed to practice in this
15     State, an owner, or an owner's agent. For the purposes of
16     this item (15), "equine dentistry services" means floating
17     teeth without the use of drugs or extraction.
18         (16) Private treaty sale of animals unless otherwise
19     provided by law.
20         (17) Persons or entities practicing the specified
21     occupations set forth in subsection (a) of, and pursuant to
22     a licensing exemption granted in subsection (b) or (d) of,
23     Section 2105-350 of the Department of Professional
24     Regulation Law of the Civil Administrative Code of
25     Illinois, but only for so long as the 2016 Olympic and
26     Paralympic Games Professional Licensure Exemption Law is

 

 

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1     operable.
2 (Source: P.A. 92-449, eff. 1-1-02; 93-281, eff. 12-31-03.)
 
3
ARTICLE 25.

 
4     Section 25-1. Article title. This Article may be cited as
5 the Illinois 2016 Olympic and Paralympic Games Shooting
6 Competition Exemption Law.
 
7     Section 25-5. Purpose. It is the intent of the Legislature
8 in enacting this Article to ensure that competitive shooting
9 athletes may bring into the State, possess, transport, and use
10 competition firearms that are sanctioned by the International
11 Olympic Committee, the International Paralympic Committee, the
12 International Shooting Sport Federation (the international
13 governing body for shooting competitions), or USA Shooting (the
14 national governing body for Olympic shooting sports in the
15 United States) in connection with the athletes' participation
16 in official shooting competitions at the 2016 Olympic and
17 Paralympic Games and sanctioned test events leading up to the
18 2016 Olympic and Paralympic Games should the City of Chicago be
19 selected to host the 2016 Olympic and Paralympic Games. These
20 provisions only have the effect of allowing possession of,
21 transport of, and use of, firearms for Olympic-style shooting
22 by athletes in such competitions, without affecting other
23 firearms regulated under existing law.
 

 

 

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1     Section 25-10. The Firearm Owners Identification Card Act
2 is amended by changing Section 2 as follows:
 
3     (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
4     Sec. 2. Firearm Owner's Identification Card required;
5 exceptions.
6     (a) (1) No person may acquire or possess any firearm, stun
7     gun, or taser within this State without having in his or
8     her possession a Firearm Owner's Identification Card
9     previously issued in his or her name by the Department of
10     State Police under the provisions of this Act.
11         (2) No person may acquire or possess firearm ammunition
12     within this State without having in his or her possession a
13     Firearm Owner's Identification Card previously issued in
14     his or her name by the Department of State Police under the
15     provisions of this Act.
16     (b) The provisions of this Section regarding the possession
17 of firearms, firearm ammunition, stun guns, and tasers do not
18 apply to:
19         (1) United States Marshals, while engaged in the
20     operation of their official duties;
21         (2) Members of the Armed Forces of the United States or
22     the National Guard, while engaged in the operation of their
23     official duties;
24         (3) Federal officials required to carry firearms,

 

 

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1     while engaged in the operation of their official duties;
2         (4) Members of bona fide veterans organizations which
3     receive firearms directly from the armed forces of the
4     United States, while using the firearms for ceremonial
5     purposes with blank ammunition;
6         (5) Nonresident hunters during hunting season, with
7     valid nonresident hunting licenses and while in an area
8     where hunting is permitted; however, at all other times and
9     in all other places these persons must have their firearms
10     unloaded and enclosed in a case;
11         (6) Those hunters exempt from obtaining a hunting
12     license who are required to submit their Firearm Owner's
13     Identification Card when hunting on Department of Natural
14     Resources owned or managed sites;
15         (7) Nonresidents while on a firing or shooting range
16     recognized by the Department of State Police; however,
17     these persons must at all other times and in all other
18     places have their firearms unloaded and enclosed in a case;
19         (8) Nonresidents while at a firearm showing or display
20     recognized by the Department of State Police; however, at
21     all other times and in all other places these persons must
22     have their firearms unloaded and enclosed in a case;
23         (9) Nonresidents whose firearms are unloaded and
24     enclosed in a case;
25         (10) Nonresidents who are currently licensed or
26     registered to possess a firearm in their resident state;

 

 

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1         (11) Unemancipated minors while in the custody and
2     immediate control of their parent or legal guardian or
3     other person in loco parentis to the minor if the parent or
4     legal guardian or other person in loco parentis to the
5     minor has a currently valid Firearm Owner's Identification
6     Card;
7         (12) Color guards of bona fide veterans organizations
8     or members of bona fide American Legion bands while using
9     firearms for ceremonial purposes with blank ammunition;
10         (13) Nonresident hunters whose state of residence does
11     not require them to be licensed or registered to possess a
12     firearm and only during hunting season, with valid hunting
13     licenses, while accompanied by, and using a firearm owned
14     by, a person who possesses a valid Firearm Owner's
15     Identification Card and while in an area within a
16     commercial club licensed under the Wildlife Code where
17     hunting is permitted and controlled, but in no instance
18     upon sites owned or managed by the Department of Natural
19     Resources;
20         (14) Resident hunters who are properly authorized to
21     hunt and, while accompanied by a person who possesses a
22     valid Firearm Owner's Identification Card, hunt in an area
23     within a commercial club licensed under the Wildlife Code
24     where hunting is permitted and controlled; and
25         (15) A person who is otherwise eligible to obtain a
26     Firearm Owner's Identification Card under this Act and is

 

 

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1     under the direct supervision of a holder of a Firearm
2     Owner's Identification Card who is 21 years of age or older
3     while the person is on a firing or shooting range or is a
4     participant in a firearms safety and training course
5     recognized by a law enforcement agency or a national,
6     statewide shooting sports organization; and .
7         (16) Competitive shooting athletes whose competition
8     firearms are sanctioned by the International Olympic
9     Committee, the International Paralympic Committee, the
10     International Shooting Sport Federation, or USA Shooting
11     in connection with such athletes' training for and
12     participation in shooting competitions at the 2016 Olympic
13     and Paralympic Games and sanctioned test events leading up
14     to the 2016 Olympic and Paralympic Games.
15     (c) The provisions of this Section regarding the
16 acquisition and possession of firearms, firearm ammunition,
17 stun guns, and tasers do not apply to law enforcement officials
18 of this or any other jurisdiction, while engaged in the
19 operation of their official duties.
20 (Source: P.A. 94-6, eff. 1-1-06.)
 
21     Section 25-15. The Criminal Code of 1961 is amended by
22 changing Section 24-2 as follows:
 
23     (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
24     Sec. 24-2. Exemptions.

 

 

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1     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
3 the following:
4         (1) Peace officers, and any person summoned by a peace
5     officer to assist in making arrests or preserving the
6     peace, while actually engaged in assisting such officer.
7         (2) Wardens, superintendents and keepers of prisons,
8     penitentiaries, jails and other institutions for the
9     detention of persons accused or convicted of an offense,
10     while in the performance of their official duty, or while
11     commuting between their homes and places of employment.
12         (3) Members of the Armed Services or Reserve Forces of
13     the United States or the Illinois National Guard or the
14     Reserve Officers Training Corps, while in the performance
15     of their official duty.
16         (4) Special agents employed by a railroad or a public
17     utility to perform police functions, and guards of armored
18     car companies, while actually engaged in the performance of
19     the duties of their employment or commuting between their
20     homes and places of employment; and watchmen while actually
21     engaged in the performance of the duties of their
22     employment.
23         (5) Persons licensed as private security contractors,
24     private detectives, or private alarm contractors, or
25     employed by an agency certified by the Department of
26     Professional Regulation, if their duties include the

 

 

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1     carrying of a weapon under the provisions of the Private
2     Detective, Private Alarm, Private Security, Fingerprint
3     Vendor, and Locksmith Act of 2004, while actually engaged
4     in the performance of the duties of their employment or
5     commuting between their homes and places of employment,
6     provided that such commuting is accomplished within one
7     hour from departure from home or place of employment, as
8     the case may be. Persons exempted under this subdivision
9     (a)(5) shall be required to have completed a course of
10     study in firearms handling and training approved and
11     supervised by the Department of Professional Regulation as
12     prescribed by Section 28 of the Private Detective, Private
13     Alarm, Private Security, Fingerprint Vendor, and Locksmith
14     Act of 2004, prior to becoming eligible for this exemption.
15     The Department of Professional Regulation shall provide
16     suitable documentation demonstrating the successful
17     completion of the prescribed firearms training. Such
18     documentation shall be carried at all times when such
19     persons are in possession of a concealable weapon.
20         (6) Any person regularly employed in a commercial or
21     industrial operation as a security guard for the protection
22     of persons employed and private property related to such
23     commercial or industrial operation, while actually engaged
24     in the performance of his or her duty or traveling between
25     sites or properties belonging to the employer, and who, as
26     a security guard, is a member of a security force of at

 

 

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1     least 5 persons registered with the Department of
2     Professional Regulation; provided that such security guard
3     has successfully completed a course of study, approved by
4     and supervised by the Department of Professional
5     Regulation, consisting of not less than 40 hours of
6     training that includes the theory of law enforcement,
7     liability for acts, and the handling of weapons. A person
8     shall be considered eligible for this exemption if he or
9     she has completed the required 20 hours of training for a
10     security officer and 20 hours of required firearm training,
11     and has been issued a firearm control card by the
12     Department of Professional Regulation. Conditions for the
13     renewal of firearm control cards issued under the
14     provisions of this Section shall be the same as for those
15     cards issued under the provisions of the Private Detective,
16     Private Alarm, Private Security, Fingerprint Vendor, and
17     Locksmith Act of 2004. Such firearm control card shall be
18     carried by the security guard at all times when he or she
19     is in possession of a concealable weapon.
20         (7) Agents and investigators of the Illinois
21     Legislative Investigating Commission authorized by the
22     Commission to carry the weapons specified in subsections
23     24-1(a)(3) and 24-1(a)(4), while on duty in the course of
24     any investigation for the Commission.
25         (8) Persons employed by a financial institution for the
26     protection of other employees and property related to such

 

 

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1     financial institution, while actually engaged in the
2     performance of their duties, commuting between their homes
3     and places of employment, or traveling between sites or
4     properties owned or operated by such financial
5     institution, provided that any person so employed has
6     successfully completed a course of study, approved by and
7     supervised by the Department of Professional Regulation,
8     consisting of not less than 40 hours of training which
9     includes theory of law enforcement, liability for acts, and
10     the handling of weapons. A person shall be considered to be
11     eligible for this exemption if he or she has completed the
12     required 20 hours of training for a security officer and 20
13     hours of required firearm training, and has been issued a
14     firearm control card by the Department of Professional
15     Regulation. Conditions for renewal of firearm control
16     cards issued under the provisions of this Section shall be
17     the same as for those issued under the provisions of the
18     Private Detective, Private Alarm, Private Security,
19     Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
20     control card shall be carried by the person so trained at
21     all times when such person is in possession of a
22     concealable weapon. For purposes of this subsection,
23     "financial institution" means a bank, savings and loan
24     association, credit union or company providing armored car
25     services.
26         (9) Any person employed by an armored car company to

 

 

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1     drive an armored car, while actually engaged in the
2     performance of his duties.
3         (10) Persons who have been classified as peace officers
4     pursuant to the Peace Officer Fire Investigation Act.
5         (11) Investigators of the Office of the State's
6     Attorneys Appellate Prosecutor authorized by the board of
7     governors of the Office of the State's Attorneys Appellate
8     Prosecutor to carry weapons pursuant to Section 7.06 of the
9     State's Attorneys Appellate Prosecutor's Act.
10         (12) Special investigators appointed by a State's
11     Attorney under Section 3-9005 of the Counties Code.
12         (12.5) Probation officers while in the performance of
13     their duties, or while commuting between their homes,
14     places of employment or specific locations that are part of
15     their assigned duties, with the consent of the chief judge
16     of the circuit for which they are employed.
17         (13) Court Security Officers while in the performance
18     of their official duties, or while commuting between their
19     homes and places of employment, with the consent of the
20     Sheriff.
21         (13.5) A person employed as an armed security guard at
22     a nuclear energy, storage, weapons or development site or
23     facility regulated by the Nuclear Regulatory Commission
24     who has completed the background screening and training
25     mandated by the rules and regulations of the Nuclear
26     Regulatory Commission.

 

 

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1         (14) Manufacture, transportation, or sale of weapons
2     to persons authorized under subdivisions (1) through
3     (13.5) of this subsection to possess those weapons.
4     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
5 24-1.6 do not apply to or affect any of the following:
6         (1) Members of any club or organization organized for
7     the purpose of practicing shooting at targets upon
8     established target ranges, whether public or private, and
9     patrons of such ranges, while such members or patrons are
10     using their firearms on those target ranges.
11         (2) Duly authorized military or civil organizations
12     while parading, with the special permission of the
13     Governor.
14         (3) Hunters, trappers or fishermen with a license or
15     permit while engaged in hunting, trapping or fishing.
16         (4) Transportation of weapons that are broken down in a
17     non-functioning state or are not immediately accessible.
18     (c) Subsection 24-1(a)(7) does not apply to or affect any
19 of the following:
20         (1) Peace officers while in performance of their
21     official duties.
22         (2) Wardens, superintendents and keepers of prisons,
23     penitentiaries, jails and other institutions for the
24     detention of persons accused or convicted of an offense.
25         (3) Members of the Armed Services or Reserve Forces of
26     the United States or the Illinois National Guard, while in

 

 

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1     the performance of their official duty.
2         (4) Manufacture, transportation, or sale of machine
3     guns to persons authorized under subdivisions (1) through
4     (3) of this subsection to possess machine guns, if the
5     machine guns are broken down in a non-functioning state or
6     are not immediately accessible.
7         (5) Persons licensed under federal law to manufacture
8     any weapon from which 8 or more shots or bullets can be
9     discharged by a single function of the firing device, or
10     ammunition for such weapons, and actually engaged in the
11     business of manufacturing such weapons or ammunition, but
12     only with respect to activities which are within the lawful
13     scope of such business, such as the manufacture,
14     transportation, or testing of such weapons or ammunition.
15     This exemption does not authorize the general private
16     possession of any weapon from which 8 or more shots or
17     bullets can be discharged by a single function of the
18     firing device, but only such possession and activities as
19     are within the lawful scope of a licensed manufacturing
20     business described in this paragraph.
21         During transportation, such weapons shall be broken
22     down in a non-functioning state or not immediately
23     accessible.
24         (6) The manufacture, transport, testing, delivery,
25     transfer or sale, and all lawful commercial or experimental
26     activities necessary thereto, of rifles, shotguns, and

 

 

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1     weapons made from rifles or shotguns, or ammunition for
2     such rifles, shotguns or weapons, where engaged in by a
3     person operating as a contractor or subcontractor pursuant
4     to a contract or subcontract for the development and supply
5     of such rifles, shotguns, weapons or ammunition to the
6     United States government or any branch of the Armed Forces
7     of the United States, when such activities are necessary
8     and incident to fulfilling the terms of such contract.
9         The exemption granted under this subdivision (c)(6)
10     shall also apply to any authorized agent of any such
11     contractor or subcontractor who is operating within the
12     scope of his employment, where such activities involving
13     such weapon, weapons or ammunition are necessary and
14     incident to fulfilling the terms of such contract.
15         During transportation, any such weapon shall be broken
16     down in a non-functioning state, or not immediately
17     accessible.
18     (d) Subsection 24-1(a)(1) does not apply to the purchase,
19 possession or carrying of a black-jack or slung-shot by a peace
20 officer.
21     (e) Subsection 24-1(a)(8) does not apply to any owner,
22 manager or authorized employee of any place specified in that
23 subsection nor to any law enforcement officer.
24     (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
25 Section 24-1.6 do not apply to members of any club or
26 organization organized for the purpose of practicing shooting

 

 

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1 at targets upon established target ranges, whether public or
2 private, while using their firearms on those target ranges.
3     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
4 to:
5         (1) Members of the Armed Services or Reserve Forces of
6     the United States or the Illinois National Guard, while in
7     the performance of their official duty.
8         (2) Bonafide collectors of antique or surplus military
9     ordinance.
10         (3) Laboratories having a department of forensic
11     ballistics, or specializing in the development of
12     ammunition or explosive ordinance.
13         (4) Commerce, preparation, assembly or possession of
14     explosive bullets by manufacturers of ammunition licensed
15     by the federal government, in connection with the supply of
16     those organizations and persons exempted by subdivision
17     (g)(1) of this Section, or like organizations and persons
18     outside this State, or the transportation of explosive
19     bullets to any organization or person exempted in this
20     Section by a common carrier or by a vehicle owned or leased
21     by an exempted manufacturer.
22     (g-5) Subsection 24-1(a)(6) does not apply to or affect
23 persons licensed under federal law to manufacture any device or
24 attachment of any kind designed, used, or intended for use in
25 silencing the report of any firearm, firearms, or ammunition
26 for those firearms equipped with those devices, and actually

 

 

SB2016 Enrolled - 99 - LRB096 11410 RCE 21876 b

1 engaged in the business of manufacturing those devices,
2 firearms, or ammunition, but only with respect to activities
3 that are within the lawful scope of that business, such as the
4 manufacture, transportation, or testing of those devices,
5 firearms, or ammunition. This exemption does not authorize the
6 general private possession of any device or attachment of any
7 kind designed, used, or intended for use in silencing the
8 report of any firearm, but only such possession and activities
9 as are within the lawful scope of a licensed manufacturing
10 business described in this subsection (g-5). During
11 transportation, those devices shall be detached from any weapon
12 or not immediately accessible.
13     (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
14 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
15 athlete's possession, transport on official Olympic and
16 Paralympic transit systems established for athletes, or use of
17 competition firearms sanctioned by the International Olympic
18 Committee, the International Paralympic Committee, the
19 International Shooting Sport Federation, or USA Shooting in
20 connection with such athlete's training for and participation
21 in shooting competitions at the 2016 Olympic and Paralympic
22 Games and sanctioned test events leading up to the 2016 Olympic
23 and Paralympic Games.
24     (h) An information or indictment based upon a violation of
25 any subsection of this Article need not negative any exemptions
26 contained in this Article. The defendant shall have the burden

 

 

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

 

 

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1 Article is inoperable on and after that date; or
2     (c) if the City of Chicago is chosen as the host city for
3 the 2016 Olympic and Paralympic Games on or before December 1,
4 2009, then this Article is inoperable on and after June 30,
5 2017.
 
6
ARTICLE 99.

 
7     Section 99-99. Effective date. This Act takes effect upon
8 becoming law.