Rep. Barbara Flynn Currie

Filed: 3/19/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2016

2     AMENDMENT NO. ______. Amend Senate Bill 2016, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5
"ARTICLE 1.

 
6     Section 1-1. Short title. This Act may be cited as the 2016
7 Olympic and Paralympic Games Act.
 
8
ARTICLE 5.

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 obligation and any net financial deficit shall be subject to
2 the terms of this Section of this Article.
3     (b) The State shall not make any payments with respect to
4 the State indemnification obligation or any net financial
5 deficit until and after (i) all bid committee and all OCOG net
6 operating revenues, surplus, reserves, contingencies,
7 receivables, funds, and other available assets and security
8 have been fully expended and (ii) the candidate city has first
9 paid at least $250,000,000 in the aggregate towards amounts
10 that would give rise to a State indemnification obligation or a
11 net financial deficit payment obligation on the State's part,
12 or both.
13     (c) Any financial commitments of the State under this
14 Section shall be satisfied exclusively by recourse to the
15 Olympic Games and Paralympic Games Trust Fund.
16     (d) Any financial commitments of the State under this
17 Section shall not exceed $250,000,000 in the aggregate.
 
18     Section 5-20. Olympic Games and Paralympic Games Trust
19 Fund.
20     (a) The Olympic Games and Paralympic Games Trust Fund is
21 created as a special fund in the State Treasury.
22     (b) The State may choose to fund the Olympic Games and
23 Paralympic Games Trust Fund in any manner it considers
24 appropriate, and at such time or times the State determines
25 necessary. By the beginning of State fiscal year 2016, the

 

 

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

 

 

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1     (f) Upon the termination of the Olympic Games and
2 Paralympic Games Trust Fund, all sums earmarked, transferred,
3 or contained in the fund, along with any investment earnings
4 retained in the fund, shall immediately revert to the General
5 Revenue Fund.
 
6     Section 5-25. Fund as security; liability. Any moneys
7 deposited, transferred, or otherwise contained in the Olympic
8 Games and Paralympic Games Trust Fund shall be, upon
9 appropriation by the General Assembly, used for the sole
10 purpose of providing adequate security, acceptable to the IOC,
11 to demonstrate the State's ability to satisfy its State
12 indemnification obligation and to be liable for any net
13 financial deficit. The security may be provided by moneys
14 contained in the Fund as provided in Section 5-20, or by
15 insurance coverage, letters of credit, or other acceptable
16 secured instruments purchased or secured by the moneys, or by
17 any combination thereof.
 
18     Section 5-30. Insurance. The bid committee and the OCOG
19 shall list the State and the candidate city as additional
20 insureds on any policy of insurance purchased by the bid
21 committee or the OCOG to be in effect in connection with the
22 preparation for and conduct of the games.
 
23     Section 5-35. Bid committee and OCOG responsibilities. The

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 23.1 of the Metropolitan Pier and Exposition Authority Act as
2 amended in this Article; (iii) the University of Illinois is in
3 compliance with Section 4 of the Business Enterprise for
4 Minorities, Females, and Persons with Disabilities Act and
5 Section 1.1 of the University of Illinois at Chicago Act as
6 amended in this Article; and (iv) the Chicago Park District is
7 in compliance with Section 7.07 of the Chicago Park District
8 Act as amended in this Article.
9     The Commission shall include in any report required under
10 this subsection, among other things: (i) a list that sets forth
11 each person or entity awarded a contract that is the subject of
12 the diversity program described in this Section by the OCOG,
13 the Metropolitan Pier and Exposition Authority, the University
14 of Illinois, and the Chicago Park District and the name,
15 address, contact information, and total dollar amount of the
16 contract or contracts; and (ii) a determination of whether the
17 OCOG, the Metropolitan Pier and Exposition Authority, the
18 University of Illinois, and the Chicago Park District are in
19 compliance with their respective obligations. If in any
20 reporting period the OCOG, the Metropolitan Pier and Exposition
21 Authority, the University of Illinois, or the Chicago Park
22 District is not in compliance with its respective obligations,
23 then each that is not in compliance shall file with the
24 Commission within 14 business days a written explanation
25 setting forth the reason or reasons for noncompliance. The
26 Commission shall then meet within one week after receiving the

 

 

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

 

 

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

 

 

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

 

 

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1 the games, the University of Illinois shall establish a goal of
2 awarding not less than 25% of the annual dollar value of all
3 contracts, purchase orders, and other agreements (collectively
4 referred to as "the contracts") to minority-owned businesses or
5 businesses owned by a person with a disability and 5% of the
6 annual dollar value the contracts to female-owned businesses.
7 For purposes of this subsection, the term "games" has the
8 meaning set forth in the Olympic Games and Paralympic Games
9 (2016) Law.
10 (Source: P.A. 87-701; 88-597, eff. 8-28-94.)
 
11     Section 5-97. The State Mandates Act is amended by adding
12 Section 8.33 as follows:
 
13     (30 ILCS 805/8.33 new)
14     Sec. 8.33. Exempt mandate. Notwithstanding the provisions
15 of Sections 6 and 8 of this Act, no reimbursement by the State
16 is required for the implementation of Section 5-42 of the
17 Olympic Games and Paralympic Games (2016) Law.
 
18     Section 95-98. The Metropolitan Pier and Exposition
19 Authority Act is amended by changing Section 23.1 as follows:
 
20     (70 ILCS 210/23.1)  (from Ch. 85, par. 1243.1)
21     Sec. 23.1. Affirmative action.
22     (a) The Authority shall, within 90 days after the effective

 

 

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1 date of this amendatory Act of 1984, establish and maintain an
2 affirmative action program designed to promote equal
3 employment opportunity and eliminate the effects of past
4 discrimination. Such program shall include a plan, including
5 timetables where appropriate, which shall specify goals and
6 methods for increasing participation by women and minorities in
7 employment, including employment related to the planning,
8 organization, and staging of the games, by the Authority and by
9 parties which contract with the Authority. The Authority shall
10 submit a detailed plan with the General Assembly prior to
11 September 1 of each year. Such program shall also establish
12 procedures and sanctions (including debarment), which the
13 Authority shall enforce to ensure compliance with the plan
14 established pursuant to this Section and with State and federal
15 laws and regulations relating to the employment of women and
16 minorities. A determination by the Authority as to whether a
17 party to a contract with the Authority has achieved the goals
18 or employed the methods for increasing participation by women
19 and minorities shall be determined in accordance with the terms
20 of such contracts or the applicable provisions of rules and
21 regulations of the Authority existing at the time such contract
22 was executed, including any provisions for consideration of
23 good faith efforts at compliance which the Authority may
24 reasonably adopt.
25     (b) The Authority shall adopt and maintain minority and
26 female owned business enterprise procurement programs under

 

 

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

 

 

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

 

 

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

 

 

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1 set-aside program that will identify contracts requiring the
2 expenditure of funds less than $50,000 for bids to be submitted
3 solely by minority owned businesses and female owned
4 businesses.
5     (e) The Authority is authorized to enter into agreements
6 with contractors' associations, labor unions, and the
7 contractors working on the Expansion Project to establish an
8 Apprenticeship Preparedness Training Program to provide for an
9 increase in the number of minority and female journeymen and
10 apprentices in the building trades and to enter into agreements
11 with Community College District 508 to provide readiness
12 training. The Authority is further authorized to enter into
13 contracts with public and private educational institutions and
14 persons in the hospitality industry to provide training for
15 employment in the hospitality industry.
16     (f) McCormick Place Advisory Board. There is created a
17 McCormick Place Advisory Board composed as follows: 2 members
18 shall be appointed by the Mayor of Chicago; 2 members shall be
19 appointed by the Governor; 2 members shall be State Senators
20 appointed by the President of the Senate; 2 members shall be
21 State Senators appointed by the Minority Leader of the Senate;
22 2 members shall be State Representatives appointed by the
23 Speaker of the House of Representatives; and 2 members shall be
24 State Representatives appointed by the Minority Leader of the
25 House of Representatives. The terms of all previously appointed
26 members of the Advisory Board expire on the effective date of

 

 

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1 this amendatory Act of the 92nd General Assembly. A State
2 Senator or State Representative member may appoint a designee
3 to serve on the McCormick Place Advisory Board in his or her
4 absence.
5     A "member of a minority group" shall mean a person who is a
6 citizen or lawful permanent resident of the United States and
7 who is
8         (1) Black (a person having origins in any of the black
9     racial groups in Africa);
10         (2) Hispanic (a person of Spanish or Portuguese culture
11     with origins in Mexico, South or Central America, or the
12     Caribbean Islands, regardless of race);
13         (3) Asian American (a person having origins in any of
14     the original peoples of the Far East, Southeast Asia, the
15     Indian Subcontinent, or the Pacific Islands); or
16         (4) American Indian or Alaskan Native (a person having
17     origins in any of the original peoples of North America).
18     Members of the McCormick Place Advisory Board shall serve
19 2-year terms and until their successors are appointed, except
20 members who serve as a result of their elected position whose
21 terms shall continue as long as they hold their designated
22 elected positions. Vacancies shall be filled by appointment for
23 the unexpired term in the same manner as original appointments
24 are made. The McCormick Place Advisory Board shall elect its
25 own chairperson.
26     Members of the McCormick Place Advisory Board shall serve

 

 

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1 without compensation but, at the Authority's discretion, shall
2 be reimbursed for necessary expenses in connection with the
3 performance of their duties.
4     The McCormick Place Advisory Board shall meet quarterly, or
5 as needed, shall produce any reports it deems necessary, and
6 shall:
7         (1) Work with the Authority on ways to improve the area
8     physically and economically;
9         (2) Work with the Authority regarding potential means
10     for providing increased economic opportunities to
11     minorities and women produced indirectly or directly from
12     the construction and operation of the Expansion Project;
13         (3) Work with the Authority to minimize any potential
14     impact on the area surrounding the McCormick Place
15     Expansion Project, including any impact on minority or
16     female owned businesses, resulting from the construction
17     and operation of the Expansion Project;
18         (4) Work with the Authority to find candidates for
19     building trades apprenticeships, for employment in the
20     hospitality industry, and to identify job training
21     programs;
22         (5) Work with the Authority to implement the provisions
23     of subsections (a) through (e) of this Section in the
24     construction of the Expansion Project, including the
25     Authority's goal of awarding not less than 25% and 5% of
26     the annual dollar value of contracts to minority and female

 

 

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

 

 

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1 (2016) Law.
2     (c) For purposes of this Section, the term "games" has the
3 meaning set forth in the Olympic Games and Paralympic Games
4 (2016) Law.
 
5     Section 95-100. The University of Illinois at Chicago Act
6 is amended by adding Section 1.1 as follows:
 
7     (110 ILCS 320/1.1 new)
8     Sec. 1.1. Olympic and paralympic games; contracting and
9 employment.
10     (a) All contracting and employment related to the planning,
11 organization, and staging of the games shall be subject to all
12 applicable laws, policies, and statements, including but not
13 limited to Section 4 of the Business Enterprise for Minorities,
14 Females, and Persons with Disabilities Act and the Statement of
15 Reaffirmation, Affirmative Action in Employment, University of
16 Illinois at Chicago, June 2008. The University shall comply
17 with subsection (e) of Section 5-42 of the Olympic Games and
18 Paralympic Games (2016) Law.
19     (b) For purposes of this Section, the term "games" has the
20 meaning set forth in the Olympic Games and Paralympic Games
21 (2016) Law.
 
22
ARTICLE 10.

 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 including the power to make arrests for violations of State
2 statutes or municipal or county ordinances, except that those
3 powers (i) may be exercised only within the geographic areas
4 affirmatively authorized in writing by the COPSC Chairperson
5 and (ii) may be otherwise restricted or limited by the COPSC
6 Chairperson in that writing. Any authorization for
7 deputization or designation pursuant to this subsection shall
8 be made in writing, and should be carried by each such
9 deputized or designated person (or kept in reasonable proximity
10 thereto) and produced upon demand by another peace officer.
 
11     Section 10-35. Inoperability. This Article shall be
12 inoperable as follows:
13     (a) if the City of Chicago terminates its candidacy to
14 become the host city for the Olympic and Paralympic Games, then
15 this Article is inoperable upon that termination;
16     (b) if the International Olympic Committee does not select
17 the City of Chicago as of the host city for the Olympic and
18 Paralympic Games on or before December 1, 2009, then this
19 Article is inoperable on and after that date; or
20     (c) if the City of Chicago is chosen as the host city for
21 the Olympic and Paralympic Games on or before December 1, 2009,
22 then this Article is inoperable on and after June 30, 2017.
 
23
ARTICLE 15.

 

 

 

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

 

 

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1 Act is amended by changing Section 10 and by adding Section 62
2 as follows:
 
3     (765 ILCS 1036/10)
4     Sec. 10. Registrability. A mark by which the goods or
5 services of an applicant for registration may be distinguished
6 from the goods or services of others shall not be registered if
7 it:
8     (a) consists of or comprises immoral, deceptive, or
9 scandalous matter; or
10     (b) consists of or comprises matter that may disparage or
11 falsely suggest a connection with persons, living or dead,
12 institutions, beliefs, or national symbols, or bring them into
13 contempt, or disrepute; or
14     (c) consists of or comprises the flag or coat of arms or
15 other insignia of the United States, or of any state or
16 municipality, or of any foreign nation, or any simulation
17 thereof; or
18     (d) consists of or comprises the name, signature or
19 portrait identifying a particular living individual, except by
20 the individual's written consent; or
21     (e) consists of a mark which: (1) when used on or in
22 connection with the goods or services of the applicant, is
23 merely descriptive or deceptively misdescriptive of them, or
24 (2) when used on or in connection with the goods or services of
25 the applicant is primarily geographically descriptive or

 

 

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1 deceptively misdescriptive of them, or (3) is primarily merely
2 a surname; however, nothing in this subsection (e) shall
3 prevent the registration of a mark used by the applicant which
4 has become distinctive of the applicant's goods or services.
5 The Secretary may accept as evidence that the mark has become
6 distinctive, as used on or in connection with the applicant's
7 goods or services, proof of continuous use thereof as a mark by
8 the applicant in this State for the 5 years before the date on
9 which the claim of distinctiveness is made; or
10     (f) consists of or comprises a mark which so resembles a
11 mark registered in this State of a mark of tradename previously
12 used by another and not abandoned, as to be likely, when used
13 on or in connection with the goods or services of the
14 applicant, to cause confusion or mistake or to deceive; or .
15     (g) without the consent of the United States Olympic
16 Committee:
17         (1) contains or consists of the symbol of the
18     International Olympic Committee, consisting of 5
19     interlocking rings, or the symbol of the International
20     Paralympic Committee;
21         (2) contains or consists of the terms "Olympic",
22     "Olympiad", "Paralympic", "Paralympiad", "Citius Altius
23     Fortius", or "Chicago 2016"; or
24         (3) is substantially identical to any other mark or
25     trade name used by the International Olympic Committee, the
26     International Paralympic Committee, the United States

 

 

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

 

 

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1     Olympics", "Chicago Paralympic Games", and "Chicago
2     Paralympics" and any other official phrase adopted by
3     Chicago 2016.
4     (b) The United States Olympic Committee, Chicago 2016 as
5 designee of the United States Olympic Committee, or both, may
6 file a civil action in the Circuit Court of Cook County, or any
7 other circuit court in the State of Illinois permitted by law,
8 against any person for the remedies provided under Section 70
9 of this Act if the person, without the consent of the United
10 States Olympic Committee or Chicago 2016, uses for the purpose
11 of trade, to induce the sale of any goods or services, or to
12 promote any theatrical exhibition, athletic performance, or
13 competition:
14         (1) any mark registered in Illinois to the United
15     States Olympic Committee or Chicago 2016;
16         (2) any mark referenced in subsection (a) of this
17     Section; or
18         (3) any word, symbol, design, graphic, or image, or
19     combination thereof, tending to cause confusion or
20     mistake, to deceive, or to falsely suggest a connection or
21     association with, or authorization by, the International
22     Olympic Committee, the International Paralympic Committee,
23     the United States Olympic Committee, Chicago 2016, or any
24     Olympic or Paralympic activity.
25     (c) If any provision of this Section or the application
26 thereof to any person or circumstance is held invalid, the

 

 

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1 invalidity shall not affect other provisions or applications of
2 this Section which can be given effect without the invalid
3 provision, and to this end the provisions of this Section are
4 severable.
5     (d) For the purposes of this Section, references to Chicago
6 2016 include the Illinois not-for-profit corporation of that
7 name and its successor organizing committee for the 2016
8 Olympic and Paralympic Games.
9     (e) Nothing in this Section is intended to limit any rights
10 or remedies provided under the Counterfeit Trademark Act.
 
11     Section 15-15. The Business Corporation Act of 1983 is
12 amended by changing Sections 4.05 and 4.15 as follows:
 
13     (805 ILCS 5/4.05)  (from Ch. 32, par. 4.05)
14     Sec. 4.05. Corporate name of domestic or foreign
15 corporation.
16     (a) The corporate name of a domestic corporation or of a
17 foreign corporation organized, existing or subject to the
18 provisions of this Act:
19         (1) Shall contain, separate and apart from any other
20     word or abbreviation in such name, the word "corporation",
21     "company", "incorporated", or "limited", or an
22     abbreviation of one of such words, and if the name of a
23     foreign corporation does not contain, separate and apart
24     from any other word or abbreviation, one of such words or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 corporation within Illinois.
2 (Source: P.A. 91-906, eff. 1-1-01.)
 
3     Section 15-20. The General Not For Profit Corporation Act
4 of 1986 is amended by changing Section 104.05 as follows:
 
5     (805 ILCS 105/104.05)  (from Ch. 32, par. 104.05)
6     Sec. 104.05. Corporate name of domestic or foreign
7 corporation.
8     (a) The corporate name of a domestic corporation or of a
9 foreign corporation organized, existing or subject to the
10 provisions of this Act:
11         (1) May contain, separate and apart from any other word
12     or abbreviation in such name, the word "corporation,"
13     "company," "incorporated," or "limited," or an
14     abbreviation of one of such words;
15         (2) Must end with the letters "NFP" if the corporate
16     name contains any word or phrase which indicates or implies
17     that the corporation is organized for any purpose other
18     than a purpose for which corporations may be organized
19     under this Act or a purpose other than a purpose set forth
20     in the corporation's articles of incorporation;
21         (3) Shall be distinguishable upon the records in the
22     the office of the Secretary of State from the name or
23     assumed name of any domestic corporation or limited
24     liability company organized under the Limited Liability

 

 

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

 

 

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

 

 

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1     of this amendatory Act of the 96th General Assembly,
2     without the express written consent of the United States
3     Olympic Committee, contain the words: (i) "Olympic"; (ii)
4     "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v)
5     "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago
6     2016".
7     (b) The Secretary of State shall determine whether a name
8 is "distinguishable" from another name for purposes of this
9 Act. Without excluding other names which may not constitute
10 distinguishable names in this State, a name is not considered
11 distinguishable, for purposes of this Act, solely because it
12 contains one or more of the following:
13         (1) The word "corporation," "company," "incorporated,"
14     or "limited" or an abbreviation of one of such words;
15         (2) Articles, conjunctions, contractions,
16     abbreviations, different tenses or number of the same word.
17     (c) Nothing in this Section or Sections 104.15 or 104.20 of
18 this Act shall:
19         (1) Require any domestic corporation existing or any
20     foreign corporation having a certificate of authority on
21     the effective date of this Act, to modify or otherwise
22     change its corporate name or assumed corporate name, if
23     any; or
24         (2) Abrogate or limit the common law or statutory law
25     of unfair competition or unfair trade practices, nor
26     derogate from the common law or principles of equity or the

 

 

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

 

 

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1     company transacts business in this State unless the limited
2     liability company also elects to adopt an assumed name or
3     names as provided in this Act; provided, however, that the
4     limited liability company may use any divisional
5     designation or trade name without complying with the
6     requirements of this Act, provided the limited liability
7     company also clearly discloses its name;
8         (6) shall not contain any word or phrase that indicates
9     or implies that the limited liability company is authorized
10     or empowered to be in the business of a corporate fiduciary
11     unless otherwise permitted by the Commissioner of the
12     Office of Banks and Real Estate under Section 1-9 of the
13     Corporate Fiduciary Act. The word "trust", "trustee", or
14     "fiduciary" may be used by a limited liability company only
15     if it has first complied with Section 1-9 of the Corporate
16     Fiduciary Act; and
17         (7) shall contain the word "trust", if it is a limited
18     liability company organized for the purpose of accepting
19     and executing trusts; and .
20         (8) shall not, as to any limited liability company
21     organized or amending its company name on or after the
22     effective date of this amendatory Act of the 96th General
23     Assembly, without the express written consent of the United
24     States Olympic Committee, contain the words: (i)
25     "Olympic"; (ii) "Olympiad"; (iii) "Paralympic"; (iv)
26     "Paralympiad"; (v) "Citius Altius Fortius"; (vi) "CHICOG";

 

 

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1     or (vii) "Chicago 2016".
2     (b) Nothing in this Section or Section 1-20 shall abrogate
3 or limit the common law or statutory law of unfair competition
4 or unfair trade practices, nor derogate from the common law or
5 principles of equity or the statutes of this State or of the
6 United States of America with respect to the right to acquire
7 and protect copyrights, trade names, trademarks, service
8 marks, service names, or any other right to the exclusive use
9 of names or symbols.
10     (c) (Blank).
11     (d) The name shall be distinguishable upon the records in
12 the Office of the Secretary of State from all of the following:
13         (1) Any limited liability company that has articles of
14     organization filed with the Secretary of State under
15     Section 5-5.
16         (2) Any foreign limited liability company admitted to
17     transact business in this State.
18         (3) Any name for which an exclusive right has been
19     reserved in the Office of the Secretary of State under
20     Section 1-15.
21         (4) Any assumed name that is registered with the
22     Secretary of State under Section 1-20.
23         (5) Any corporate name or assumed corporate name of a
24     domestic or foreign corporation subject to the provisions
25     of Section 4.05 of the Business Corporation Act of 1983 or
26     Section 104.05 of the General Not For Profit Corporation

 

 

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1     Act of 1986.
2     (e) The provisions of subsection (d) of this Section shall
3 not apply if the organizer files with the Secretary of State a
4 certified copy of a final decree of a court of competent
5 jurisdiction establishing the prior right of the applicant to
6 the use of that name in this State.
7     (f) The Secretary of State shall determine whether a name
8 is "distinguishable" from another name for the purposes of this
9 Act. Without excluding other names that may not constitute
10 distinguishable names in this State, a name is not considered
11 distinguishable, for purposes of this Act, solely because it
12 contains one or more of the following:
13         (1) The word "limited", "liability" or "company" or an
14     abbreviation of one of those words.
15         (2) Articles, conjunctions, contractions,
16     abbreviations, or different tenses or number of the same
17     word.
18 (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
 
19
ARTICLE 20.

 
20     Section 20-5. Article title. This Article may be cited as
21 the 2016 Olympic and Paralympic Games Professional Licensure
22 Exemption Law.
 
23     Section 20-10. The Department of Professional Regulation

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     (f) This Section becomes inoperable as provided in Section
2 20-15 of the 2016 Olympic and Paralympic Games Professional
3 Licensure Exemption Law.
 
4     Section 20-15. Inoperability. This Article, including
5 Section 2105-350 of the Department of Professional Regulation
6 Law of the Civil Administrative Code of Illinois, shall be
7 inoperable as follows:
8     (a) if the candidate city terminates its candidacy to
9 become the host city for the games, then this Article is
10 inoperable upon that termination;
11     (b) if the IOC does not select the candidate city as the
12 host city for the games on or before December 1, 2009, then
13 this Article is inoperable on and after that date; or
14     (c) if the candidate city is chosen as the host city for
15 the games on or before December 1, 2009, then this Article is
16 inoperable on and after June 30, 2017; except that subsection
17 (c) of Section 20-10 of this Article shall survive until the
18 expiration of all relevant statutes of limitation.
 
19     Section 20-20. The Illinois Athletic Trainers Practice Act
20 is amended by changing Section 4 as follows:
 
21     (225 ILCS 5/4)  (from Ch. 111, par. 7604)
22     (Section scheduled to be repealed on January 1, 2016)
23     Sec. 4. Licensure requirement - Exempt activities. After

 

 

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1 the effective date of this Act, no person shall provide any of
2 the services set forth in subsection (4) of Section 3 of this
3 Act, or use the title "athletic trainer" or "certified athletic
4 trainer" or "athletic trainer certified" or the letters "A.T.",
5 "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after his name,
6 unless licensed under this Act.
7     Nothing in this Act shall be construed as preventing or
8 restricting the practice, services, or activities of:
9         (1) Any person licensed or registered in this State by
10     any other law from engaging in the profession or occupation
11     for which he or she is licensed or registered.
12         (2) Any person employed as an athletic trainer by the
13     Government of the United States, if such person provides
14     athletic training solely under the direction or control of
15     the organization by which he or she is employed.
16         (3) Any person pursuing a course of study leading to a
17     degree or certificate in athletic training at an accredited
18     educational program if such activities and services
19     constitute a part of a supervised course of study involving
20     daily personal or verbal contact at the site of supervision
21     between the athletic training student and the licensed
22     athletic trainer who plans, directs, advises, and
23     evaluates the student's athletic training clinical
24     education. The supervising licensed athletic trainer must
25     be on-site where the athletic training clinical education
26     is being obtained. A person meeting the criteria under this

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     Section 20-30. The Medical Practice Act of 1987 is amended
2 by changing Section 4 as follows:
 
3     (225 ILCS 60/4)  (from Ch. 111, par. 4400-4)
4     (Section scheduled to be repealed on December 31, 2010)
5     Sec. 4. Exemptions.
6     (a) This Act does not apply to the following:
7         (1) persons lawfully carrying on their particular
8     profession or business under any valid existing regulatory
9     Act of this State;
10         (2) persons rendering gratuitous services in cases of
11     emergency; or
12         (3) persons treating human ailments by prayer or
13     spiritual means as an exercise or enjoyment of religious
14     freedom; or .
15         (4) persons practicing the specified occupations set
16     forth in in subsection (a) of, and pursuant to a licensing
17     exemption granted in subsection (b) or (d) of, Section
18     2105-350 of the Department of Professional Regulation Law
19     of the Civil Administrative Code of Illinois, but only for
20     so long as the 2016 Olympic and Paralympic Games
21     Professional Licensure Exemption Law is operable.
22     (b) (Blank).
23 (Source: P.A. 93-379, eff. 7-24-03.)
 

 

 

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1     Section 20-35. The Nurse Practice Act is amended by
2 changing Section 50-15 as follows:
 
3     (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
4     (Section scheduled to be repealed on January 1, 2018)
5     Sec. 50-15. Policy; application of Act.
6     (a) For the protection of life and the promotion of health,
7 and the prevention of illness and communicable diseases, any
8 person practicing or offering to practice advanced,
9 professional, or practical nursing in Illinois shall submit
10 evidence that he or she is qualified to practice, and shall be
11 licensed as provided under this Act. No person shall practice
12 or offer to practice advanced, professional, or practical
13 nursing in Illinois or use any title, sign, card or device to
14 indicate that such a person is practicing professional or
15 practical nursing unless such person has been licensed under
16 the provisions of this Act.
17     (b) This Act does not prohibit the following:
18         (1) The practice of nursing in Federal employment in
19     the discharge of the employee's duties by a person who is
20     employed by the United States government or any bureau,
21     division or agency thereof and is a legally qualified and
22     licensed nurse of another state or territory and not in
23     conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
24     this Act.
25         (2) Nursing that is included in the program of study by

 

 

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

 

 

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

 

 

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

 

 

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1     (225 ILCS 90/2)  (from Ch. 111, par. 4252)
2     (Section scheduled to be repealed on January 1, 2016)
3     Sec. 2. Licensure requirement; exempt activities. Practice
4 without a license forbidden - exception. No person shall after
5 the date of August 31, 1965 begin to practice physical therapy
6 in this State or hold himself out as being able to practice
7 this profession, unless he is licensed as such in accordance
8 with the provisions of this Act. After the effective date of
9 this amendatory Act of 1990, no person shall practice or hold
10 himself out as a physical therapist assistant unless he is
11 licensed as such under this Act. A physical therapist shall use
12 the initials "PT" in connection with his or her name to denote
13 licensure under this Act, and a physical therapist assistant
14 shall use the initials "PTA" in connection with his or her name
15 to denote licensure under this Act.
16     This Act does not prohibit:
17         (1) Any person licensed in this State under any other
18     Act from engaging in the practice for which he is licensed.
19         (2) The practice of physical therapy by those persons,
20     practicing under the supervision of a licensed physical
21     therapist and who have met all of the qualifications as
22     provided in Sections 7, 8.1, and 9 of this Act, until the
23     next examination is given for physical therapists or
24     physical therapist assistants and the results have been
25     received by the Department and the Department has
26     determined the applicant's eligibility for a license.

 

 

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

 

 

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

 

 

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1     Section 20-45. The Physician Assistant Practice Act of 1987
2 is amended by changing Section 5 as follows:
 
3     (225 ILCS 95/5)  (from Ch. 111, par. 4605)
4     (Section scheduled to be repealed on January 1, 2018)
5     Sec. 5. This Act does not prohibit:
6     1. Any person licensed in this State under any other Act
7 from engaging in the practice for which he is licensed;
8     2. The practice as a physician assistant by a person who is
9 employed by the United States government or any bureau,
10 division or agency thereof while in the discharge of the
11 employee's official duties;
12     3. The practice as a physician assistant which is included
13 in their program of study by students enrolled in schools or in
14 refresher courses approved by the Department.
15     4. The practice, services, or activities of persons
16 practicing the specified occupations set forth in subsection
17 (a) of, and pursuant to a licensing exemption granted in
18 subsection (b) or (d) of, Section 2105-350 of the Department of
19 Professional Regulation Law of the Civil Administrative Code of
20 Illinois, but only for so long as the 2016 Olympic and
21 Paralympic Games Professional Licensure Exemption Law is
22 operable.
23 (Source: P.A. 85-1209.)
 

 

 

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1     Section 20-50. The Veterinary Medicine and Surgery
2 Practice Act of 2004 is amended by changing Section 4 as
3 follows:
 
4     (225 ILCS 115/4)  (from Ch. 111, par. 7004)
5     (Section scheduled to be repealed on January 1, 2014)
6     Sec. 4. Exemptions. Nothing in this Act shall apply to any
7 of the following:
8         (1) Veterinarians employed by the federal or State
9     government while engaged in their official duties.
10         (2) Licensed veterinarians from other states who are
11     invited to Illinois for consultation or lecturing.
12         (3) Veterinarians employed by colleges or universities
13     while engaged in the performance of their official duties,
14     or faculty engaged in animal husbandry or animal management
15     programs of colleges or universities.
16         (4) A veterinarian employed by an accredited college of
17     veterinary medicine providing assistance requested by a
18     veterinarian licensed in Illinois, acting with informed
19     consent from the client and acting under the direct or
20     indirect supervision and control of the licensed
21     veterinarian. Providing assistance involves hands-on
22     active participation in the treatment and care of the
23     patient. The licensed veterinarian shall maintain
24     responsibility for the veterinarian-client-patient
25     relationship.

 

 

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

 

 

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

 

 

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

 

 

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1     Illinois, but only for so long as the 2016 Olympic and
2     Paralympic Games Professional Licensure Exemption Law is
3     operable.
4 (Source: P.A. 92-449, eff. 1-1-02; 93-281, eff. 12-31-03.)
 
5
ARTICLE 25.

 
6     Section 25-1. Article title. This Article may be cited as
7 the Illinois 2016 Olympic and Paralympic Games Shooting
8 Competition Exemption Law.
 
9     Section 25-5. Purpose. It is the intent of the Legislature
10 in enacting this Article to ensure that competitive shooting
11 athletes may bring into the State, possess, transport, and use
12 competition firearms that are sanctioned by the International
13 Olympic Committee, the International Paralympic Committee, the
14 International Shooting Sport Federation (the international
15 governing body for shooting competitions), or USA Shooting (the
16 national governing body for Olympic shooting sports in the
17 United States) in connection with the athletes' participation
18 in official shooting competitions at the 2016 Olympic and
19 Paralympic Games and sanctioned test events leading up to the
20 2016 Olympic and Paralympic Games should the City of Chicago be
21 selected to host the 2016 Olympic and Paralympic Games. These
22 provisions only have the effect of allowing possession of,
23 transport of, and use of, firearms for Olympic-style shooting

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
2     Sec. 24-2. Exemptions.
3     (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
4 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
5 the following:
6         (1) Peace officers, and any person summoned by a peace
7     officer to assist in making arrests or preserving the
8     peace, while actually engaged in assisting such officer.
9         (2) Wardens, superintendents and keepers of prisons,
10     penitentiaries, jails and other institutions for the
11     detention of persons accused or convicted of an offense,
12     while in the performance of their official duty, or while
13     commuting between their homes and places of employment.
14         (3) Members of the Armed Services or Reserve Forces of
15     the United States or the Illinois National Guard or the
16     Reserve Officers Training Corps, while in the performance
17     of their official duty.
18         (4) Special agents employed by a railroad or a public
19     utility to perform police functions, and guards of armored
20     car companies, while actually engaged in the performance of
21     the duties of their employment or commuting between their
22     homes and places of employment; and watchmen while actually
23     engaged in the performance of the duties of their
24     employment.
25         (5) Persons licensed as private security contractors,
26     private detectives, or private alarm contractors, or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 Section 24-1.6 do not apply to members of any club or
2 organization organized for the purpose of practicing shooting
3 at targets upon established target ranges, whether public or
4 private, while using their firearms on those target ranges.
5     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
6 to:
7         (1) Members of the Armed Services or Reserve Forces of
8     the United States or the Illinois National Guard, while in
9     the performance of their official duty.
10         (2) Bonafide collectors of antique or surplus military
11     ordinance.
12         (3) Laboratories having a department of forensic
13     ballistics, or specializing in the development of
14     ammunition or explosive ordinance.
15         (4) Commerce, preparation, assembly or possession of
16     explosive bullets by manufacturers of ammunition licensed
17     by the federal government, in connection with the supply of
18     those organizations and persons exempted by subdivision
19     (g)(1) of this Section, or like organizations and persons
20     outside this State, or the transportation of explosive
21     bullets to any organization or person exempted in this
22     Section by a common carrier or by a vehicle owned or leased
23     by an exempted manufacturer.
24     (g-5) Subsection 24-1(a)(6) does not apply to or affect
25 persons licensed under federal law to manufacture any device or
26 attachment of any kind designed, used, or intended for use in

 

 

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

 

 

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

 

 

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1 the City of Chicago as the host city for the 2016 Olympic and
2 Paralympic Games on or before December 1, 2009, then this
3 Article is inoperable on and after that date; or
4     (c) if the City of Chicago is chosen as the host city for
5 the 2016 Olympic and Paralympic Games on or before December 1,
6 2009, then this Article is inoperable on and after June 30,
7 2017.
 
8
ARTICLE 99.

 
9     Section 99-99. Effective date. This Act takes effect upon
10 becoming law.".