Full Text of SB2016 96th General Assembly
SB2016ham001 96TH GENERAL ASSEMBLY
|
Executive Committee
Filed: 3/18/2009
|
|
09600SB2016ham001 |
|
LRB096 11410 RCE 24010 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2016
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2016 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "ARTICLE 1. | 5 |
| Section 1-1. Short title. This Act may be cited as the 2016 | 6 |
| Olympic and Paralympic Games Act. | 7 |
| ARTICLE 5. | 8 |
| Section 5-1. Article title. This Article may be cited as | 9 |
| the Olympic Games and Paralympic Games (2016) Law. | 10 |
| Section 5-5. Definitions. For purposes of this Article: | 11 |
| "Bid committee" means Chicago 2016, a local organizing | 12 |
| committee that has been incorporated as a not-for-profit | 13 |
| corporation, that is authorized by the candidate city to submit |
|
|
|
09600SB2016ham001 |
- 2 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| a bid on the candidate city's behalf to the IOC for selection | 2 |
| as the host city for the games, and that may serve as (or help | 3 |
| form) the OCOG if the candidate city is selected as the host | 4 |
| city for the games. | 5 |
| "Candidate city" means the City of Chicago, which has been | 6 |
| selected as a candidate by the IOC to be host city of the | 7 |
| games. | 8 |
| "Competition venues" means, collectively, the venues or | 9 |
| facilities to be used for competition and related activities | 10 |
| (including, without limitation, training activities) for the | 11 |
| games as may be determined by the IOC, the USOC, or the OCOG or | 12 |
| the candidate city. | 13 |
| "Games" means the 2016 Olympic and Paralympic Games. | 14 |
| "Governor" means the Governor of Illinois. | 15 |
| "IOC" means the International Olympic Committee. | 16 |
| "IPC" means the International Paralympic Committee. | 17 |
| "Net financial deficit" means any financial deficit of the | 18 |
| OCOG or resulting from the conduct of the games. | 19 |
| "Non-competition venues" means, collectively, the venues | 20 |
| or facilities to be used for non-competition activities | 21 |
| (including, without limitation, live sites, hospitality sites, | 22 |
| and administrative and operational offices) for the games as | 23 |
| determined by the OCOG or the candidate city, or both, and | 24 |
| subject to the reasonable approval of the State. | 25 |
| "OCOG" means the bid committee, as the same may be | 26 |
| reorganized or reconstituted if the candidate city is selected |
|
|
|
09600SB2016ham001 |
- 3 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| as the host city for the games, or another not-for-profit | 2 |
| corporation that serves as the organizing committee for the | 3 |
| games and to be established by the candidate city and the bid | 4 |
| committee. Appointments of members to the OCOG should, to the | 5 |
| greatest extent possible, reflect the ethnic and racial | 6 |
| diversity of the candidate city. | 7 |
| "Olympic properties" means, collectively, (1) the | 8 |
| properties on which the venues will be located and that are | 9 |
| owned or controlled by the State and (2) the Olympic ancillary | 10 |
| properties. | 11 |
| "Olympic ancillary properties" means all public | 12 |
| rights-of-ways or public areas that are owned or controlled by | 13 |
| the State (or over which it has jurisdiction), including but | 14 |
| not limited to streets, highways, sidewalks, alleys, | 15 |
| waterways, parks, and bridges necessary and appropriate to the | 16 |
| staging of the games as determined by the OCOG or the candidate | 17 |
| city, or both, and subject to the reasonable approval of the | 18 |
| State. | 19 |
| "State" means the State of Illinois. | 20 |
| "State indemnification obligation" means the obligation of | 21 |
| the State to indemnify the IOC, IPC or USOC, or a combination | 22 |
| of those entities, against claims of, and liabilities to, third | 23 |
| parties relating to the games, as described in this Article. | 24 |
| "USOC" means the United States Olympic Committee. | 25 |
| "Venues" means, collectively, the competition venues and | 26 |
| non-competition venues. |
|
|
|
09600SB2016ham001 |
- 4 - |
LRB096 11410 RCE 24010 a |
|
| 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 |
|
|
|
09600SB2016ham001 |
- 5 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| completely under this Article and any written commitments | 2 |
| made by the State to the IOC; | 3 |
| (7) declares and confirms that no other important | 4 |
| national or international meeting or event will take place | 5 |
| in the vicinity of the venues during the period one week | 6 |
| before through one week after the games; | 7 |
| (8) guarantees that all construction work necessary | 8 |
| for the organization of the games within the State, to the | 9 |
| extent permitted or authorized by the State, will comply | 10 |
| with (i) local, regional, and national environmental | 11 |
| regulations and acts and (ii) international agreements and | 12 |
| protocols to which the United States is a party regarding | 13 |
| planning, construction, and protection of the environment; | 14 |
| (9) guarantees that it shall provide or cause to be | 15 |
| provided all security, medical, and other | 16 |
| government-related services that the State customarily | 17 |
| provides for comparable large-scale events and that are | 18 |
| necessary for the successful planning, organization, and | 19 |
| staging of the portions of the games within the State, at | 20 |
| no cost to the OCOG; | 21 |
| (10) agrees to take such action as may be required by | 22 |
| law, and to be effective for the period not later than | 23 |
| January 1, 2010 and through the end of the games, to | 24 |
| suspend or waive the imposition and collection of fees and | 25 |
| charges otherwise imposed and collected by or on behalf of | 26 |
| the State for permits and licenses issued to the OCOG |
|
|
|
09600SB2016ham001 |
- 6 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| applicable to the design, development, construction, and | 2 |
| operation or use of the venues and properties related to | 3 |
| the games; | 4 |
| (11) agrees to cooperate with the candidate city, the | 5 |
| bid committee and the OCOG, as well as local, regional, and | 6 |
| national business, trade, and service organizations in | 7 |
| order to promote and encourage, to the extent permitted by | 8 |
| law, the charging of ordinary and customary prices for | 9 |
| goods and services associated with the games within the | 10 |
| State (including, but not limited to, hotel rates, | 11 |
| restaurants, and related services) for anyone attending | 12 |
| the games, including non-accredited spectators; | 13 |
| (12) agrees that, if requested by the candidate city, | 14 |
| the bid committee, or the OCOG, it shall permit any member | 15 |
| of the General Assembly to introduce legislation necessary | 16 |
| to: (i) effectively reduce and sanction ambush marketing, | 17 |
| (ii) eliminate illegal street vending during the period | 18 |
| beginning 2 weeks before the games through the end of the | 19 |
| games; and (iii) control advertising space (including, but | 20 |
| not limited to, billboards and advertising on public | 21 |
| transport) as well as air space and that any such | 22 |
| legislation will be introduced as soon as possible but no | 23 |
| later than January 1, 2014; | 24 |
| (13) agrees that it shall not engage in any marketing, | 25 |
| commercial, or signage program in relation to the games | 26 |
| without the prior written consent of the IOC; |
|
|
|
09600SB2016ham001 |
- 7 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (14) agrees that it shall coordinate and cooperate with | 2 |
| the candidate city and the OCOG concerning a "Look of the | 3 |
| Games" program; | 4 |
| (15) agrees that it will cooperate with the OCOG and | 5 |
| the candidate city (including any applicable candidate | 6 |
| city commission) in preventing ambush marketing at the | 7 |
| games within the State; | 8 |
| (16) agrees to enter into a binding option agreement | 9 |
| with the bid committee or the OCOG to provide the OCOG with | 10 |
| the rights to any and all existing or hereafter developed | 11 |
| outdoor commercial advertising space (including | 12 |
| billboards) owned or controlled by the State and located | 13 |
| within the vicinity of any Olympic properties, which | 14 |
| agreement shall provide, among other things, that such | 15 |
| advertising space will be available at the OCOG's option | 16 |
| for a 12-week period encompassing the games at 2008 best | 17 |
| commercial prices adjusted only for inflation; | 18 |
| (17) except as may be provided in any other agreement | 19 |
| between the State and the candidate city, the bid | 20 |
| committee, or the OCOG, agrees to make all of its | 21 |
| non-competition and Olympic ancillary properties available | 22 |
| at no cost to the OCOG; | 23 |
| (18) guarantees that the accessibility standards to be | 24 |
| applied for the Paralympic Games shall include the | 25 |
| Americans with Disabilities Act, the Fair Housing Act, the | 26 |
| Illinois Environmental Barriers Act (and its implementing |
|
|
|
09600SB2016ham001 |
- 8 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| regulations, the Illinois Accessibility Code), and the | 2 |
| Illinois Human Rights Act; | 3 |
| (19) shall cooperate with the OCOG to assure that | 4 |
| accessibility will be fully integrated into the planning of | 5 |
| the Paralympic Games comprising part of the games; and | 6 |
| (20) agrees to the formation and authority of the | 7 |
| Chicago Olympic Public Safety Command. | 8 |
| (b) In the event of a conflict between any provision of | 9 |
| this Act and any provision of any written commitments made by | 10 |
| the State regarding the games, this Act shall prevail and | 11 |
| control as to the State. | 12 |
| (c) The bid committee and the OCOG shall provide any | 13 |
| information reasonably requested by the State, with copies to | 14 |
| the leaders of both houses of the General Assembly, to assist | 15 |
| in reviewing the provisions of and performance under this | 16 |
| Article. | 17 |
| (d) Nothing in this Article shall be construed as impairing | 18 |
| the Governor's constitutional authority. | 19 |
| Section 5-15. State indemnification obligation and net | 20 |
| financial deficit. | 21 |
| (a) Solely through the funds contained in the Olympic Games | 22 |
| and Paralympic Games Trust Fund created by this Article, the | 23 |
| State shall be liable to the IOC, the IPC, and the USOC for: | 24 |
| (1) the State indemnification obligation; and | 25 |
| (2) any net financial deficit. |
|
|
|
09600SB2016ham001 |
- 9 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| The State's liability for the State indemnification | 2 |
| obligation and any net financial deficit shall be subject to | 3 |
| the terms of this Section of this Article. | 4 |
| (b) The State shall not make any payments with respect to | 5 |
| the State indemnification obligation or any net financial | 6 |
| deficit until and after (i) all bid committee and all OCOG net | 7 |
| operating revenues, surplus, reserves, contingencies, | 8 |
| receivables, funds, and other available assets and security | 9 |
| have been fully expended and (ii) the candidate city has first | 10 |
| paid at least $250,000,000 in the aggregate towards amounts | 11 |
| that would give rise to a State indemnification obligation or a | 12 |
| net financial deficit payment obligation on the State's part, | 13 |
| or both. | 14 |
| (c) Any financial commitments of the State under this | 15 |
| Section shall be satisfied exclusively by recourse to the | 16 |
| Olympic Games and Paralympic Games Trust Fund. | 17 |
| (d) Any financial commitments of the State under this | 18 |
| Section shall not exceed $250,000,000 in the aggregate. | 19 |
| Section 5-20. Olympic Games and Paralympic Games Trust | 20 |
| Fund. | 21 |
| (a) The Olympic Games and Paralympic Games Trust Fund is | 22 |
| created as a special fund in the State Treasury. | 23 |
| (b) The State may choose to fund the Olympic Games and | 24 |
| Paralympic Games Trust Fund in any manner it considers | 25 |
| appropriate, and at such time or times the State determines |
|
|
|
09600SB2016ham001 |
- 10 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| necessary. By the beginning of State fiscal year 2016, the | 2 |
| State shall appropriate sums of money to the Olympic Games and | 3 |
| Paralympic Games Trust Fund to provide security for the State | 4 |
| indemnification obligation and the net financial deficit. | 5 |
| (c) The moneys in the Olympic Games and Paralympic Games | 6 |
| Trust Fund may be used only for the sole purpose of fulfilling | 7 |
| the obligations of the State pursuant to the State | 8 |
| indemnification obligation and any net financial deficit. For | 9 |
| each dollar that is expended from the Olympic Games and | 10 |
| Paralympic Games Trust Fund, the State shall expend an | 11 |
| equivalent amount of State funds for road projects outside of | 12 |
| the county in which the candidate city is located. | 13 |
| (d) No additional State funds shall be deposited into the | 14 |
| Olympic Games and Paralympic Games Trust Fund once the Governor | 15 |
| determines that the fund has achieved, or is reasonably | 16 |
| expected to otherwise accrue, a sufficient balance to provide | 17 |
| adequate security, acceptable to the IOC, to demonstrate the | 18 |
| State's ability to fulfill its obligations to satisfy the State | 19 |
| indemnification obligation and any net financial deficit | 20 |
| payment obligation. | 21 |
| (e) If the candidate city is selected as the host city for | 22 |
| the games, the Olympic Games and Paralympic Games Trust Fund | 23 |
| shall be maintained until a determination by the Governor is | 24 |
| made that the State's obligations to satisfy the State | 25 |
| indemnification obligation and to be liable for any net | 26 |
| financial deficit are satisfied and concluded, at which time |
|
|
|
09600SB2016ham001 |
- 11 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| the fund shall be terminated. | 2 |
| (f) Upon the termination of the Olympic Games and | 3 |
| Paralympic Games Trust Fund, all sums earmarked, transferred, | 4 |
| or contained in the fund, along with any investment earnings | 5 |
| retained in the fund, shall immediately revert to the General | 6 |
| Revenue Fund. | 7 |
| Section 5-25. Fund as security; liability. Any moneys | 8 |
| deposited, transferred, or otherwise contained in the Olympic | 9 |
| Games and Paralympic Games Trust Fund shall be, upon | 10 |
| appropriation by the General Assembly, used for the sole | 11 |
| purpose of providing adequate security, acceptable to the IOC, | 12 |
| to demonstrate the State's ability to satisfy its State | 13 |
| indemnification obligation and to be liable for any net | 14 |
| financial deficit. The security may be provided by moneys | 15 |
| contained in the Fund as provided in Section 5-20, or by | 16 |
| insurance coverage, letters of credit, or other acceptable | 17 |
| secured instruments purchased or secured by the moneys, or by | 18 |
| any combination thereof. | 19 |
| Section 5-30. Insurance. The bid committee and the OCOG | 20 |
| shall list the State and the candidate city as additional | 21 |
| insureds on any policy of insurance purchased by the bid | 22 |
| committee or the OCOG to be in effect in connection with the | 23 |
| preparation for and conduct of the games. |
|
|
|
09600SB2016ham001 |
- 12 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| Section 5-35. Bid committee and OCOG responsibilities. The | 2 |
| bid committee and the OCOG may not engage in any conduct that | 3 |
| reflects unfavorably upon the State, the candidate city, or the | 4 |
| games, or that is contrary to law or to the rules and | 5 |
| regulations of the IOC, IPC, or USOC. | 6 |
| Section 5-40. Authority of the Governor. Subject to the | 7 |
| limitations of this Article, including but not limited to those | 8 |
| contained in Section 5-15, the Governor, or his or her | 9 |
| designee, on behalf of the State, may execute such other | 10 |
| agreements or contracts as may be required by the OCOG, the | 11 |
| USOC, the IOC, or the IPC in connection with the candidate city | 12 |
| and bid committee's bid to host the Games. | 13 |
| Section 5-42. Diversity program. | 14 |
| (a) The OCOG shall establish and maintain a diversity | 15 |
| program to ensure non-discrimination in the award of contracts | 16 |
| by the OCOG and the administration of those contracts. To the | 17 |
| maximum extent permitted by law, the OCOG shall establish goals | 18 |
| as part of the program of awarding not less than 25% of the | 19 |
| annual dollar value of all contracts, purchase orders, or other | 20 |
| agreements (collectively referred to as "the contracts") to | 21 |
| minority owned businesses or businesses owned by a person with | 22 |
| a disability, and 5% of the annual dollar value of the | 23 |
| contracts to female owned businesses. The subject of the | 24 |
| contracts includes, but is not limited to, the purchase of |
|
|
|
09600SB2016ham001 |
- 13 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| professional services, construction services, supplies, | 2 |
| materials, and equipment. Recognizing that the planning, | 3 |
| organization, and staging of the games is a unique undertaking, | 4 |
| the goals established in this subsection shall exclude: all | 5 |
| contracts, purchase orders, or other agreements that (i) must | 6 |
| be awarded to a specific source as a result of the OCOG's legal | 7 |
| obligations to the USOC or IOC or its official tier 1, tier 2 | 8 |
| or tier 3 sponsors, (ii) the OCOG awards to a unique or limited | 9 |
| supplier of a product, equipment, or service required for the | 10 |
| games, and (iii) the payments under which are passed through to | 11 |
| other constituencies involved in or attending the games (such | 12 |
| as under the games accommodation program). If, however, the | 13 |
| OCOG awards any contracts, purchase orders, or other agreements | 14 |
| described in items (i) through (iii) to a minority-owned | 15 |
| business, business owned by a person with a disability, or a | 16 |
| female-owned business, those contracts shall be considered | 17 |
| towards the goals described in this subsection. | 18 |
| (b) For purposes of this Section, the terms "minority owned | 19 |
| business", "business owned by a person with a disability", and | 20 |
| "female owned business" have the meanings given to those terms | 21 |
| in the Business Enterprise for Minorities, Females, and Persons | 22 |
| with Disabilities Act. For purposes of meeting the goals of | 23 |
| this Section, the State shall recognize OCOG contracts | 24 |
| performed in the candidate city that are awarded to | 25 |
| minority-owned business enterprises, business enterprises | 26 |
| owned by persons with disabilities, or women-owned business |
|
|
|
09600SB2016ham001 |
- 14 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| enterprises, as those terms are defined in the municipal code | 2 |
| of the candidate city. | 3 |
| (c) The OCOG shall establish and maintain a diversity | 4 |
| program designed to promote equal employment opportunity with | 5 |
| respect to its management and operations. The program shall | 6 |
| include a plan, including timetables, as appropriate, that | 7 |
| specify goals and methods for increasing participation by | 8 |
| women, minorities, and persons with disabilities in those | 9 |
| employment opportunities. | 10 |
| (d) Beginning on January 1, 2011, and each year thereafter | 11 |
| until the completion of the games, the OCOG shall issue a | 12 |
| written report to the Governor, President of the Senate, | 13 |
| Minority Leader of the Senate, Speaker of the House of | 14 |
| Representatives, Minority Leader of the House of | 15 |
| Representatives, mayor of the candidate city, and city council | 16 |
| of the candidate city providing the number of respective | 17 |
| employees who have designated themselves as members of a | 18 |
| minority group, as persons with a disability, or as women. The | 19 |
| report shall also describe in detail the OCOG's compliance with | 20 |
| the requirements of subsections (a) and (b) of this Section. | 21 |
| (e) The Diversity Program Commission is created to monitor, | 22 |
| review, and report on minority, female, and persons with | 23 |
| disabilities contracting and employment related to the | 24 |
| planning, organization, and staging of the games. The | 25 |
| Commission shall consist of 2 members appointed by the | 26 |
| Governor, 2 members appointed by the President of the Senate, 2 |
|
|
|
09600SB2016ham001 |
- 15 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| members appointed by the Minority Leader of the Senate, 2 | 2 |
| members appointed by the Speaker of the House of | 3 |
| Representatives, 2 members appointed by the Minority Leader of | 4 |
| the House of Representatives, 5 members appointed by the mayor | 5 |
| of the candidate city, 5 representatives of the OCOG's outreach | 6 |
| advisory council appointed by the mayor of the candidate city, | 7 |
| one member appointed by the Metropolitan Pier and Exposition | 8 |
| Authority Board, one member appointed by the Board of Trustees | 9 |
| of the University of Illinois, and one member appointed by the | 10 |
| Board of Commissioners of the Chicago Park District. All | 11 |
| appointments shall be made by January 1, 2011. Beginning on | 12 |
| January 1, 2012, and each year thereafter until the completion | 13 |
| of the games, the Commission shall file a written report with | 14 |
| the OCOG, the General Assembly, the Governor, the mayor of the | 15 |
| candidate city, and the city council of the candidate city | 16 |
| regarding compliance with the diversity requirements of this | 17 |
| Article. The Commission may file a supplemental reports at any | 18 |
| time. The Commission shall elect its own chairperson, and | 19 |
| Commission members shall serve without compensation. | 20 |
| The Commission shall meet quarterly and as needed. The | 21 |
| Commission shall also meet within one week after the issuance | 22 |
| of the reports required under this subsection to, among other | 23 |
| things, discuss whether or not: (i) the OCOG is in compliance | 24 |
| with the requirements of this Section; (ii) the Metropolitan | 25 |
| Pier and Exposition Authority is in compliance with Section | 26 |
| 23.1 of the Metropolitan Pier and Exposition Authority Act as |
|
|
|
09600SB2016ham001 |
- 16 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| amended in this Article; (iii) the University of Illinois is in | 2 |
| compliance with Section 4 of the Business Enterprise for | 3 |
| Minorities, Females, and Persons with Disabilities Act and | 4 |
| Section 1.1 of the University of Illinois at Chicago Act as | 5 |
| amended in this Article; and (iv) the Chicago Park District is | 6 |
| in compliance with Section 7.07 of the Chicago Park District | 7 |
| Act as amended in this Article. | 8 |
| The Commission shall include in any report required under | 9 |
| this subsection, among other things: (i) a list that sets forth | 10 |
| each person or entity awarded a contract by the OCOG, the | 11 |
| Metropolitan Pier and Exposition Authority, the University of | 12 |
| Illinois, and the Chicago Park District the name, address, | 13 |
| contact information, and total dollar amount of the contract or | 14 |
| contracts; and (ii) a determination of whether the OCOG, the | 15 |
| Metropolitan Pier and Exposition Authority, the University of | 16 |
| Illinois, and the Chicago Park District are in compliance with | 17 |
| their respective obligations. If in any reporting period the | 18 |
| OCOG, the Metropolitan Pier and Exposition Authority, the | 19 |
| University of Illinois, or the Chicago Park District is not in | 20 |
| compliance with its respective obligations, then each that is | 21 |
| not in compliance shall file with the Commission within 14 | 22 |
| business days a written explanation setting forth the reason or | 23 |
| reasons for noncompliance. The Commission shall then meet | 24 |
| within one week after receiving the written explanations to | 25 |
| discuss the stated reason or reasons for noncompliance. | 26 |
| The OCOG, the Metropolitan Pier and Exposition Authority, |
|
|
|
09600SB2016ham001 |
- 17 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| the University of Illinois, and the Chicago Park District shall | 2 |
| cooperate with the Commission and provide the Commission with | 3 |
| requested information, unless disclosure is prohibited by law. | 4 |
| Section 5-45. Inoperability. | 5 |
| (a) If the candidate city terminates its candidacy to | 6 |
| become the host city for the games, then this Article is | 7 |
| inoperable upon that termination. | 8 |
| (b) If the IOC does not select the candidate city as the | 9 |
| host city for the games on or before December 1, 2009, then | 10 |
| this Article is inoperable on and after that date. | 11 |
| Section 5-95. The State Finance Act is amended by adding | 12 |
| Sections 5.719 and 6z-80 as follows: | 13 |
| (30 ILCS 105/5.719 new) | 14 |
| Sec. 5.719. The Olympic Games and Paralympic Games Trust | 15 |
| Fund. | 16 |
| (30 ILCS 105/6z-80 new) | 17 |
| Sec. 6z-80. Appropriations from the Olympic Games and | 18 |
| Paralympic Games Trust Fund. The Olympic Games and Paralympic | 19 |
| Games Trust Fund is created as a special fund in the State | 20 |
| treasury. Subject to appropriation, all money in the Olympic | 21 |
| Games and Paralympic Games Trust Fund must be used to make | 22 |
| payments required under the Olympic Games and Paralympic Games |
|
|
|
09600SB2016ham001 |
- 18 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (2016) Law. | 2 |
| Section 5-96. The Business Enterprise for Minorities, | 3 |
| Females, and Persons with
Disabilities Act is amended by | 4 |
| changing Section 4 as follows:
| 5 |
| (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| 6 |
| (Section scheduled to be repealed on June 30, 2010)
| 7 |
| Sec. 4. Award of State contracts.
| 8 |
| (a) Except as provided in subsections subsection (b) and | 9 |
| (c) , not less than 12% of
the total dollar amount of State | 10 |
| contracts, as defined by the Secretary of
the Council and | 11 |
| approved by the Council, shall be established as a goal to
be | 12 |
| awarded to businesses owned by minorities,
females, and persons | 13 |
| with disabilities; provided, however, that
contracts | 14 |
| representing at least five-twelfths of the total amount of all
| 15 |
| State contracts awarded to businesses owned by
minorities, | 16 |
| females, and persons with disabilities pursuant to
this Section | 17 |
| shall be awarded to female owned businesses, and that
contracts | 18 |
| representing at least one-sixth of the total amount of all | 19 |
| State
contracts awarded to businesses owned by
minorities, | 20 |
| females, and persons with disabilities pursuant to this
Section | 21 |
| shall be awarded to businesses owned by persons
with | 22 |
| disabilities.
| 23 |
| The above percentage relates to the total dollar amount of | 24 |
| State
contracts during each State fiscal year, calculated by |
|
|
|
09600SB2016ham001 |
- 19 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| examining
independently each type of contract for each agency | 2 |
| or university which
lets such contracts. Only that percentage | 3 |
| of arrangements which represents the participation of | 4 |
| businesses owned by
minorities, females, and persons with | 5 |
| disabilities on such contracts shall
be included.
| 6 |
| (b) In the case of State construction contracts, the | 7 |
| provisions of
subsection (a) requiring a portion of State | 8 |
| contracts to be awarded to
businesses owned and controlled by | 9 |
| persons with
disabilities do not apply. Not less
than 10% of | 10 |
| the total dollar amount of State construction contracts is
| 11 |
| established as a goal to be awarded to minority and female | 12 |
| owned
businesses, and contracts representing 50% of the amount | 13 |
| of all State
construction contracts awarded to minority and | 14 |
| female owned businesses
shall be awarded to female owned | 15 |
| businesses.
| 16 |
| (c) In the case of all work undertaken by the University of | 17 |
| Illinois related to the planning, organization, and staging of | 18 |
| the games, the University of Illinois shall establish a goal of | 19 |
| awarding not less than 25% of the annual dollar value of all | 20 |
| contracts, purchase orders, and other agreements (collectively | 21 |
| referred to as "the contracts") to minority-owned businesses or | 22 |
| businesses owned by a person with a disability and 5% of the | 23 |
| annual dollar value the contracts to female-owned businesses. | 24 |
| For purposes of this subsection, the term "games" has the | 25 |
| meaning set forth in the Olympic Games and Paralympic Games | 26 |
| (2016) Law. |
|
|
|
09600SB2016ham001 |
- 20 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (Source: P.A. 87-701; 88-597, eff. 8-28-94 .)
| 2 |
| Section 5-97. The State Mandates Act is amended by adding | 3 |
| Section 8.33 as follows: | 4 |
| (30 ILCS 805/8.33 new)
| 5 |
| Sec. 8.33. Exempt mandate. Notwithstanding the provisions | 6 |
| of Sections 6 and 8 of this Act, no reimbursement by the State | 7 |
| is required for the implementation of Section 5-42 of the | 8 |
| Olympic Games and Paralympic Games (2016) Law.
| 9 |
| Section 95-98. The Metropolitan Pier and Exposition | 10 |
| Authority Act is amended by changing Section 23.1 as follows:
| 11 |
| (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
| 12 |
| Sec. 23.1. Affirmative action.
| 13 |
| (a) The Authority shall, within 90 days after the effective
| 14 |
| date of this amendatory Act of 1984, establish and maintain an | 15 |
| affirmative
action program designed to promote equal | 16 |
| employment opportunity and
eliminate the effects of past | 17 |
| discrimination. Such program shall include a
plan, including | 18 |
| timetables where appropriate, which shall specify goals
and | 19 |
| methods for increasing participation by women and minorities in
| 20 |
| employment , including employment related to the planning, | 21 |
| organization, and staging of the games, by the Authority and by | 22 |
| parties which contract with the Authority.
The Authority shall |
|
|
|
09600SB2016ham001 |
- 21 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| submit a detailed plan with the General Assembly prior
to | 2 |
| September 1 of each year. Such program shall also establish | 3 |
| procedures and
sanctions (including debarment), which the | 4 |
| Authority shall enforce to
ensure compliance with the plan | 5 |
| established pursuant to this Section and
with State and federal | 6 |
| laws and regulations relating to the employment of
women and | 7 |
| minorities. A determination by the Authority as to whether a
| 8 |
| party to a contract with the Authority has achieved the goals | 9 |
| or employed
the methods for increasing participation by women | 10 |
| and minorities shall be
determined in accordance with the terms | 11 |
| of such contracts or the applicable
provisions of rules and | 12 |
| regulations of the Authority existing at the time
such contract | 13 |
| was executed, including any provisions for consideration of
| 14 |
| good faith efforts at compliance which the Authority may | 15 |
| reasonably adopt.
| 16 |
| (b) The Authority shall adopt and maintain minority and
| 17 |
| female owned business enterprise procurement programs under | 18 |
| the affirmative
action program described in subsection (a) for | 19 |
| any and all work , including all contracting related to the | 20 |
| planning, organization, and staging of the games, undertaken
by | 21 |
| the Authority. That work shall include, but is not limited to, | 22 |
| the
purchase of professional services, construction services, | 23 |
| supplies,
materials, and equipment. The programs shall | 24 |
| establish goals of awarding
not less than 25% of the annual | 25 |
| dollar value of all contracts, purchase
orders, or other | 26 |
| agreements (collectively referred to as "contracts") to
|
|
|
|
09600SB2016ham001 |
- 22 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| minority owned businesses and 5% of the annual dollar value of | 2 |
| all
contracts to female owned businesses. Without limiting the | 3 |
| generality of
the foregoing, the programs shall require in | 4 |
| connection with the
prequalification or consideration of | 5 |
| vendors for professional service
contracts, construction | 6 |
| contracts, and contracts for supplies, materials,
equipment, | 7 |
| and services that each proposer or bidder submit as part of his
| 8 |
| or her proposal or bid a commitment detailing how he or she | 9 |
| will expend 25%
or more of the dollar value of his or her | 10 |
| contracts with one or more
minority owned businesses and 5% or | 11 |
| more of the dollar value with one or
more female owned | 12 |
| businesses. Bids or proposals that do not include such
detailed | 13 |
| commitments are not responsive and shall be rejected unless the
| 14 |
| Authority deems it appropriate to grant a waiver of these | 15 |
| requirements. In
addition the Authority may, in connection with | 16 |
| the selection of providers
of professional services, reserve | 17 |
| the right to select a minority or female
owned business or | 18 |
| businesses to fulfill the commitment to minority and
female | 19 |
| business participation. The commitment to minority and female
| 20 |
| business participation may be met by the contractor or | 21 |
| professional service
provider's status as a minority or female | 22 |
| owned business, by joint venture
or by subcontracting a portion | 23 |
| of the work with or purchasing materials for
the work from one | 24 |
| or more such businesses, or by any combination thereof.
Each | 25 |
| contract shall require the contractor or provider to submit a
| 26 |
| certified monthly report detailing the status of that |
|
|
|
09600SB2016ham001 |
- 23 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| contractor or
provider's compliance with the Authority's | 2 |
| minority and female owned
business enterprise procurement | 3 |
| program. The Authority, after reviewing
the monthly reports of | 4 |
| the contractors and providers, shall
compile a comprehensive | 5 |
| report regarding compliance with this procurement
program and | 6 |
| file it quarterly with the General Assembly. If, in connection
| 7 |
| with a particular contract, the Authority determines that it is
| 8 |
| impracticable or excessively costly to obtain minority or | 9 |
| female owned
businesses to perform sufficient work to fulfill | 10 |
| the commitment required by
this subsection, the Authority shall | 11 |
| reduce or waive the commitment in the
contract, as may be | 12 |
| appropriate. The Authority shall establish rules and
| 13 |
| regulations setting forth the standards to be used in | 14 |
| determining whether
or not a reduction or waiver is | 15 |
| appropriate. The terms "minority owned
business" and "female | 16 |
| owned business" have the meanings given to those
terms in the | 17 |
| Business Enterprise for Minorities,
Females, and Persons with | 18 |
| Disabilities Act.
| 19 |
| (c) The Authority shall adopt and maintain an affirmative
| 20 |
| action program in connection with the hiring
of minorities and | 21 |
| women on the Expansion Project and on any and all
construction | 22 |
| projects , including all contracting related to the planning, | 23 |
| organization, and staging of the games, undertaken by the | 24 |
| Authority. The program shall be
designed to promote equal | 25 |
| employment opportunity and shall specify the
goals and methods | 26 |
| for increasing the participation of minorities and women
in a |
|
|
|
09600SB2016ham001 |
- 24 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| representative mix of job classifications required to perform | 2 |
| the
respective contracts awarded by the Authority.
| 3 |
| (d) In connection with the Expansion Project, the Authority | 4 |
| shall
incorporate the following elements into its minority and | 5 |
| female owned
business procurement programs to the extent | 6 |
| feasible: (1) a major
contractors program that permits minority | 7 |
| owned businesses and female owned
businesses to bear | 8 |
| significant responsibility and risk for a portion of the
| 9 |
| project; (2) a mentor/protege program that provides financial, | 10 |
| technical,
managerial, equipment, and personnel support to | 11 |
| minority owned businesses
and female owned businesses; (3) an | 12 |
| emerging firms program that includes
minority owned businesses | 13 |
| and female owned businesses that would not
otherwise qualify | 14 |
| for the project due to inexperience or limited resources;
(4) a | 15 |
| small projects program that includes participation by smaller
| 16 |
| minority owned businesses and female owned businesses on jobs | 17 |
| where the
total dollar value is $5,000,000 or less; and (5) a | 18 |
| set-aside program that
will identify contracts requiring the | 19 |
| expenditure of funds less than
$50,000 for bids to be submitted | 20 |
| solely by minority owned businesses and
female owned | 21 |
| businesses.
| 22 |
| (e) The Authority is authorized to enter into agreements | 23 |
| with
contractors' associations, labor unions, and the | 24 |
| contractors working on the
Expansion Project to establish an | 25 |
| Apprenticeship Preparedness Training
Program to provide for an | 26 |
| increase in the number of minority and female
journeymen and |
|
|
|
09600SB2016ham001 |
- 25 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| apprentices in the building trades and to enter into
agreements | 2 |
| with Community College District 508 to provide readiness | 3 |
| training.
The Authority is further authorized to enter into | 4 |
| contracts with public and
private educational institutions and | 5 |
| persons in the hospitality industry to
provide training for | 6 |
| employment in the hospitality industry.
| 7 |
| (f) McCormick Place Advisory Board. There is created a | 8 |
| McCormick Place
Advisory Board composed as follows:
2 members | 9 |
| shall be appointed by the Mayor of Chicago;
2 members shall be | 10 |
| appointed by the Governor;
2 members shall be State Senators | 11 |
| appointed by the President of the Senate;
2 members shall be | 12 |
| State Senators appointed by the Minority Leader of the
Senate;
| 13 |
| 2 members shall be State Representatives appointed by the | 14 |
| Speaker of the House
of Representatives; and
2 members shall be | 15 |
| State Representatives appointed by the Minority Leader of
the | 16 |
| House of Representatives.
The terms of all previously appointed | 17 |
| members of the Advisory Board expire on
the effective date of | 18 |
| this amendatory Act of the 92nd General Assembly. A
State | 19 |
| Senator or State Representative member may appoint a designee | 20 |
| to serve
on the McCormick Place Advisory Board in his or her | 21 |
| absence.
| 22 |
| A "member of a minority group" shall mean a person who is a | 23 |
| citizen or
lawful permanent resident of the United States and | 24 |
| who is
| 25 |
| (1) Black (a person having origins in any of the black | 26 |
| racial
groups in Africa);
|
|
|
|
09600SB2016ham001 |
- 26 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (2) Hispanic (a person of Spanish or Portuguese culture | 2 |
| with origins
in Mexico, South or Central America, or the | 3 |
| Caribbean Islands, regardless
of race);
| 4 |
| (3) Asian American (a person having origins in any of | 5 |
| the original
peoples of the Far East, Southeast Asia, the | 6 |
| Indian Subcontinent, or the
Pacific Islands); or
| 7 |
| (4) American Indian or Alaskan Native (a person having | 8 |
| origins in any
of the original peoples of North America).
| 9 |
| Members of the McCormick Place Advisory Board shall serve | 10 |
| 2-year terms
and until their successors are appointed, except | 11 |
| members who serve as a
result of their elected position whose | 12 |
| terms shall continue as long as
they hold their designated | 13 |
| elected positions. Vacancies shall be filled by
appointment for | 14 |
| the unexpired term in the same manner as original
appointments | 15 |
| are made. The McCormick Place Advisory Board shall elect
its | 16 |
| own chairperson.
| 17 |
| Members of the McCormick Place Advisory Board shall serve | 18 |
| without
compensation but, at the Authority's discretion, shall | 19 |
| be reimbursed for
necessary expenses in connection with the | 20 |
| performance of their duties.
| 21 |
| The McCormick Place Advisory Board shall meet quarterly, or | 22 |
| as needed,
shall produce any reports it deems necessary, and | 23 |
| shall:
| 24 |
| (1) Work with the Authority on ways to improve the area | 25 |
| physically
and economically;
| 26 |
| (2) Work with the Authority regarding potential means |
|
|
|
09600SB2016ham001 |
- 27 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| for providing
increased economic opportunities to | 2 |
| minorities and women produced
indirectly or directly from | 3 |
| the construction and operation of the
Expansion Project;
| 4 |
| (3) Work with the Authority to minimize any potential | 5 |
| impact on the
area surrounding the McCormick Place | 6 |
| Expansion Project, including any
impact on minority or | 7 |
| female owned businesses, resulting from the
construction | 8 |
| and operation of the Expansion Project;
| 9 |
| (4) Work with the Authority to find candidates for | 10 |
| building trades
apprenticeships, for employment in the | 11 |
| hospitality industry, and to identify
job training | 12 |
| programs;
| 13 |
| (5) Work with the Authority to implement the provisions | 14 |
| of subsections
(a) through (e) of this Section in the | 15 |
| construction of the Expansion
Project, including the | 16 |
| Authority's goal of awarding not less than 25% and
5% of | 17 |
| the annual dollar value of contracts to minority and female | 18 |
| owned
businesses, the outreach program for minorities and | 19 |
| women, and the
mentor/protege program for providing | 20 |
| assistance to minority and female
owned businesses.
| 21 |
| (g) The Authority shall comply with subsection (e) of | 22 |
| Section 5-42 of the Olympic Games and Paralympic Games (2016) | 23 |
| Law. For purposes of this Section, the term "games" has the | 24 |
| meaning set forth in the Olympic Games and Paralympic Games | 25 |
| (2016) Law. | 26 |
| (Source: P.A. 91-422, eff. 1-1-00; 92-16, eff. 6-28-01; 92-208, |
|
|
|
09600SB2016ham001 |
- 28 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| eff.
8-2-01.)
| 2 |
| Section 95-99. The Chicago Park District Act is amended by | 3 |
| adding Section 7.07 as follows: | 4 |
| (70 ILCS 1505/7.07 new) | 5 |
| Sec. 7.07. Olympic and paralympic games; contracts and | 6 |
| employment. | 7 |
| (a) All contracting and employment related to the planning, | 8 |
| organization, and staging of the games shall be subject to all | 9 |
| applicable ordinances contained in the Code of the Chicago Park | 10 |
| District, including but not limited to Chapter I (General | 11 |
| Provisions and Definitions), Chapter IV (Human Rights), | 12 |
| Chapter V (Personnel), and Chapter XI (Purchasing and | 13 |
| Contracting). | 14 |
| (b) The Chicago Park District shall comply with subsection | 15 |
| (e) of Section 5-42 of the Olympic Games and Paralympic Games | 16 |
| (2016) Law. | 17 |
| (c) For purposes of this Section, the term "games" has the | 18 |
| meaning set forth in the Olympic Games and Paralympic Games | 19 |
| (2016) Law. | 20 |
| Section 95-100. The University of Illinois at Chicago Act | 21 |
| is amended by adding Section 1.1 as follows: | 22 |
| (110 ILCS 320/1.1 new) |
|
|
|
09600SB2016ham001 |
- 29 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| Sec. 1.1. Olympic and paralympic games; contracting and | 2 |
| employment. | 3 |
| (a) All contracting and employment related to the planning, | 4 |
| organization, and staging of the games shall be subject to all | 5 |
| applicable laws, policies, and statements, including but not | 6 |
| limited to Section 4 of the Business Enterprise for Minorities, | 7 |
| Females, and Persons with Disabilities Act and the Statement of | 8 |
| Reaffirmation, Affirmative Action in Employment, University of | 9 |
| Illinois at Chicago, June 2008. The University shall comply | 10 |
| with subsection (e) of Section 5-42 of the Olympic Games and | 11 |
| Paralympic Games (2016) Law. | 12 |
| (b) For purposes of this Section, the term "games" has the | 13 |
| meaning set forth in the Olympic Games and Paralympic Games | 14 |
| (2016) Law. | 15 |
| ARTICLE 10. | 16 |
| Section 10-1. Article title. This Article may be cited as | 17 |
| the Olympic Public Safety Law. | 18 |
| Section 10-5. Purpose. As part of the bid to host the 2016 | 19 |
| Olympic and Paralympic Games in Chicago, this Article provides | 20 |
| for the creation of a commission, known as the Chicago Olympic | 21 |
| Public Safety Command, or COPSC, that will engage in security | 22 |
| and public safety planning, management, and administration if | 23 |
| Chicago is selected as the host city for the 2016 Olympic and |
|
|
|
09600SB2016ham001 |
- 30 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| Paralympic Games. In the event of such selection, it is | 2 |
| intended that COPSC will contribute to the achievement of the | 3 |
| following objectives: foster the intergovernmental cooperation | 4 |
| of local, State, and federal public safety agencies in | 5 |
| providing for the public safety of the Olympic and Paralympic | 6 |
| Games; develop a comprehensive security and public safety plan; | 7 |
| create a unified chain of command; and implement an effective | 8 |
| and efficient public safety and security operation that does | 9 |
| not compromise the celebratory spirit of the Olympic and | 10 |
| Paralympic Games. | 11 |
| Section 10-10. Definitions. As used in this Article: | 12 |
| "Chicago 2016" means Chicago 2016, an Illinois | 13 |
| not-for-profit corporation formed to bid for the opportunity of | 14 |
| hosting the Olympic and Paralympic Games, or as the context | 15 |
| requires, a successor in interest to Chicago 2016, such as an | 16 |
| organizing committee for the Olympic and Paralympic Games | 17 |
| formed after the selection of Chicago as the host city for that | 18 |
| event. | 19 |
| "COPSC" means the Chicago Olympic Public Safety Command | 20 |
| contemplated in Section 10-15. | 21 |
| "COPSC Chairperson" means the Chairperson of COPSC. | 22 |
| "ESG" means Executive Strategy Group of COPSC. | 23 |
| "Law enforcement and public safety services" includes | 24 |
| programs and services to, among other things: | 25 |
| (1) provide for crowd and traffic safety; |
|
|
|
09600SB2016ham001 |
- 31 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (2) suppress or reduce crime; | 2 |
| (3) provide for or assist in criminal investigation; | 3 |
| (4) provide forensic, communications, and records | 4 |
| support services; | 5 |
| (5) facilitate intelligence and information sharing | 6 |
| among federal, State, and local authorities and with | 7 |
| relevant private sector participants; | 8 |
| (6) deter and disrupt terrorism activity related to the | 9 |
| Olympic and Paralympic Games through aggressive | 10 |
| investigation and prosecution; | 11 |
| (7) assure that the organizational structure and plans | 12 |
| exist to effectively prepare for, and respond to, any | 13 |
| terrorist incidents or other emergencies in the State | 14 |
| related to the Olympic and Paralympic Games; and | 15 |
| (8) assure that public safety plans are coordinated and | 16 |
| integrated with the operations plans of Chicago 2016 for | 17 |
| the Olympic and Paralympic Games. | 18 |
| "Local law enforcement agency" means any political | 19 |
| subdivision of the State or an agency of a political | 20 |
| subdivision that exists primarily to deter and detect crime and | 21 |
| enforce criminal laws, statutes, and ordinances. | 22 |
| "Local public safety agency" means a political subdivision | 23 |
| of the State or an agency of a political subdivision of the | 24 |
| State that exists to provide: | 25 |
| (1) fire service; | 26 |
| (2) emergency medical services; or |
|
|
|
09600SB2016ham001 |
- 32 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (3) emergency management and communication. | 2 |
| "Olympic and Paralympic Games" means the 2016 Olympic and | 3 |
| Paralympic Games that may be hosted by the City of Chicago. | 4 |
| "Period of the Olympic and Paralympic Games" means the | 5 |
| period commencing 21 days before the opening ceremony of the | 6 |
| 2016 Olympic Games and concluding 14 days after the closing | 7 |
| ceremony of the 2016 Paralympic Games. | 8 |
| "State" means the State of Illinois. | 9 |
| "State agency" means any department, division, commission, | 10 |
| council, board, bureau, committee, institution, government, | 11 |
| corporation, or other establishment or official of the State, | 12 |
| except the Legislature, and for purposes of this Article | 13 |
| includes a State institution of higher education. | 14 |
| "State law enforcement agency" means any entity | 15 |
| administered by the State that exists primarily to deter and | 16 |
| detect crime and enforce criminal laws, statutes, and | 17 |
| ordinances. | 18 |
| "State public safety agency" means an entity administered | 19 |
| by the State that exists to provide: | 20 |
| (1) fire service; | 21 |
| (2) emergency medical services; or | 22 |
| (3) emergency management and communication. | 23 |
| "Venue Commander" means a person who shall direct and | 24 |
| coordinate law enforcement and public safety personnel and | 25 |
| responsibilities at a designated Olympic venue during the | 26 |
| period of the Olympic and Paralympic Games, as set forth in |
|
|
|
09600SB2016ham001 |
- 33 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| this Article. | 2 |
| Section 10-15. Chicago Olympic Public Safety Command. | 3 |
| (a) If the International Olympic Committee selects the City | 4 |
| of Chicago to host the Olympic and Paralympic Games, then the | 5 |
| Chicago Olympic Public Safety Command (COPSC) shall be | 6 |
| established. | 7 |
| (b) The policymaking responsibility of COPSC shall be | 8 |
| vested in ESG. | 9 |
| (c) ESG shall consist of the following initial members: | 10 |
| (1) the COPSC Chairperson; | 11 |
| (2) the Executive Director of COPSC (non-voting | 12 |
| member); | 13 |
| (3) the Commissioner of the Chicago Fire Department; | 14 |
| (4) a representative of Chicago 2016 appointed by the | 15 |
| COPSC Chairperson; | 16 |
| (5) the Executive Director for the Office of Emergency | 17 |
| Management and Communications of the City of Chicago; | 18 |
| (6) the Special Agent-In-Charge of the Chicago | 19 |
| Division of the United States Federal Bureau of | 20 |
| Investigation, or other representative designated by the | 21 |
| United States Federal Bureau of Investigation; | 22 |
| (7) the Special Agent-In-Charge of the Chicago | 23 |
| Division of the United States Secret Service, or other | 24 |
| representative designated by the United States Secret | 25 |
| Service; |
|
|
|
09600SB2016ham001 |
- 34 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (8) the Regional Director for the Federal Emergency | 2 |
| Management Agency; | 3 |
| (9) a representative appointed by the Director of the | 4 |
| Illinois State Police; and | 5 |
| (10) the Superintendent of the Chicago Police | 6 |
| Department, if the COPSC Chairperson is someone other than | 7 |
| the Superintendent of the Chicago Police Department. | 8 |
| (d) Each member of COPSC, including those of ESG and the | 9 |
| Executive Director of COPSC, shall serve without additional | 10 |
| compensation from the State of Illinois. | 11 |
| (e) The COPSC Chairperson shall be the Superintendent of | 12 |
| the Chicago Police Department, or such other suitably qualified | 13 |
| person appointed by the Mayor of the City of Chicago. The COPSC | 14 |
| Chairperson shall chair COPSC and ESG and shall call meetings | 15 |
| of each from time to time in furtherance of the purposes of | 16 |
| this Article. A majority of the members of ESG constitutes a | 17 |
| quorum for the transaction of business. All members of ESG | 18 |
| other than the Executive Director of COPSC shall be voting | 19 |
| members, and the action of a majority of a quorum of ESG shall | 20 |
| constitute the action of ESG. | 21 |
| (f) The COPSC Chairperson may appoint additional members of | 22 |
| ESG at a properly constituted meeting of ESG, but each such | 23 |
| appointment shall be subject to written consent by a majority | 24 |
| of the other members of ESG present at the same or a subsequent | 25 |
| properly constituted meeting of ESG. | 26 |
| (g) ESG shall establish a strategic plan for law |
|
|
|
09600SB2016ham001 |
- 35 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| enforcement and public safety services related to the Olympic | 2 |
| and Paralympic Games, including the coordination of personnel | 3 |
| and resources of State, local, and federal law enforcement and | 4 |
| public safety agencies. | 5 |
| (h) ESG shall define the composition, organizational | 6 |
| structure, and high-level administrative policies of COPSC. | 7 |
| (i) COPSC shall: | 8 |
| (1) in furtherance of the strategic plan developed by | 9 |
| ESG, and in consultation with State, local, and federal law | 10 |
| enforcement and public safety agencies, establish a | 11 |
| detailed plan for law enforcement and public safety | 12 |
| services related to the Olympic and Paralympic Games, | 13 |
| including the coordination of personnel and resources of | 14 |
| State, local, and federal law enforcement and public safety | 15 |
| agencies; | 16 |
| (2) develop any policies necessary to inform and direct | 17 |
| COPSC in the implementation of that plan; | 18 |
| (3) amend that plan to promote the effective, | 19 |
| efficient, and cooperative implementation of the plan and | 20 |
| the preservation of public safety; | 21 |
| (4) integrate that plan with the operations plans of | 22 |
| Chicago 2016 for the Olympic and Paralympic Games; and | 23 |
| (5) perform such other functions as directed by the | 24 |
| COPSC Chairperson or ESG, consistent with the purposes of | 25 |
| this Article. | 26 |
| (j) All State and local law enforcement and public safety |
|
|
|
09600SB2016ham001 |
- 36 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| agencies shall cooperate with the planning and coordination | 2 |
| efforts of COPSC, as requested by COPSC and subject to | 3 |
| applicable law. COPSC shall, unless it relinquishes such | 4 |
| authority in whole or part, and subject to applicable superior | 5 |
| federal law or authority, have primary responsibility for law | 6 |
| enforcement and public safety services at each Olympic venue in | 7 |
| the State (including an area extending up to approximately 300 | 8 |
| yards from the secure perimeter of each Olympic site, as | 9 |
| defined and promulgated by COPSC) during the period of the | 10 |
| Olympic and Paralympic Games. Designated Venue Commanders at | 11 |
| each such Olympic venue shall direct and coordinate on-scene | 12 |
| law enforcement and public safety personnel and | 13 |
| responsibilities and shall be managed by the COPSC Chairperson | 14 |
| or his or her designee. | 15 |
| Section 10-20. COPSC Chairperson; Venue Commanders. | 16 |
| (a) The COPSC Chairperson shall appoint qualified | 17 |
| individuals to serve as Venue Commanders at Olympic venues | 18 |
| during the period of the Olympic and Paralympic Games. | 19 |
| (b) The COPSC Chairperson shall coordinate law enforcement | 20 |
| and public safety agency activities during the Olympic and | 21 |
| Paralympic Games with respect to Olympic venues and events, and | 22 |
| shall direct the execution of the plan established by COPSC. | 23 |
| Section 10-25. Executive Director of COPSC. | 24 |
| (a) The COPSC Chairperson shall appoint a representative of |
|
|
|
09600SB2016ham001 |
- 37 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| Chicago 2016 as the Executive Director of COPSC. | 2 |
| (b) The Executive Director of COPSC shall report to the | 3 |
| COPSC Chairperson and manage the day-to-day activities of | 4 |
| COPSC. | 5 |
| Section 10-30. Deputization. COPSC may enter into | 6 |
| agreements with political subdivisions of the State and with | 7 |
| other states, regional authorities, and the federal | 8 |
| Government. Pursuant to these agreements, the COPSC | 9 |
| Chairperson may deputize or otherwise designate qualified law | 10 |
| enforcement personnel from those other governmental units to | 11 |
| assist COPSC in performing specifically described activities | 12 |
| under this Article during the period of the Olympic and | 13 |
| Paralympic Games. Those deputized or designated persons shall | 14 |
| have the status of a peace officer in the State during the | 15 |
| period of the Olympic and Paralympic Games, and shall have all | 16 |
| the powers possessed by policemen in cities and by sheriffs, | 17 |
| including the power to make arrests for violations of State | 18 |
| statutes or municipal or county ordinances, except that those | 19 |
| powers (i) may be exercised only within the geographic areas | 20 |
| affirmatively authorized in writing by the COPSC Chairperson | 21 |
| and (ii) may be otherwise restricted or limited by the COPSC | 22 |
| Chairperson in that writing. Any authorization for | 23 |
| deputization or designation pursuant to this subsection shall | 24 |
| be made in writing, and should be carried by each such | 25 |
| deputized or designated person (or kept in reasonable proximity |
|
|
|
09600SB2016ham001 |
- 38 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| thereto) and produced upon demand by another peace officer. | 2 |
| Section 10-35. Inoperability. This Article shall be | 3 |
| inoperable as follows: | 4 |
| (a) if the City of Chicago terminates its candidacy to | 5 |
| become the host city for the Olympic and Paralympic Games, then | 6 |
| this Article is inoperable upon that termination;
| 7 |
| (b) if the International Olympic Committee does not select | 8 |
| the City of Chicago as of the host city for the Olympic and | 9 |
| Paralympic Games on or before December 1, 2009, then this | 10 |
| Article is inoperable on and after that date; or | 11 |
| (c) if the City of Chicago is chosen as the host city for | 12 |
| the Olympic and Paralympic Games on or before December 1, 2009, | 13 |
| then this Article is inoperable on and after June 30, 2017. | 14 |
| ARTICLE 15. | 15 |
| Section 15-1. Article title. This Article may be cited as | 16 |
| the Olympic and Paralympic Trademark Protection Law. | 17 |
| Section 15-5. Purpose. As part of the bid of Chicago 2016, | 18 |
| an Illinois not-for-profit corporation, and the City of Chicago | 19 |
| to host the 2016 Olympic and Paralympic Games in Chicago, this | 20 |
| Article provides for additional protection for trademarks used | 21 |
| by or reserved for exclusive use by the United States Olympic | 22 |
| Committee and Chicago 2016 and its successor organizing |
|
|
|
09600SB2016ham001 |
- 39 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| committee for the Games (the OCOG) in the marketing, promotion, | 2 |
| and operation of such Games. This Article amends the Trademark | 3 |
| Registration and Protection Act to: prohibit any third party | 4 |
| from registering trade names or trademarks used by the USOC, | 5 |
| Chicago 2016, or the OCOG; protect against infringement of | 6 |
| Olympic trademarks; and provide the USOC, Chicago 2016, and the | 7 |
| OCOG, with exclusive rights to use certain words, emblems, | 8 |
| slogans, mascots, and symbols for the Games, and the ability to | 9 |
| enforce those rights against others who use them in commerce, | 10 |
| including in Circuit Court in Cook County. This Article also | 11 |
| amends the Business Corporation Act of 1983, the General Not | 12 |
| For Profit Corporation Act of 1986, and the Limited Liability | 13 |
| Company Act to prohibit registration of business names | 14 |
| featuring certain Olympic trademarks from and after the | 15 |
| effective date of this Article. | 16 |
| Section 15-10. The Trademark Registration and Protection | 17 |
| Act is amended by changing Section 10 and by adding Section 62 | 18 |
| as follows:
| 19 |
| (765 ILCS 1036/10)
| 20 |
| Sec. 10. Registrability. A mark by which the goods or | 21 |
| services of an applicant for
registration may be distinguished | 22 |
| from the goods or services of
others shall not be registered if | 23 |
| it:
| 24 |
| (a) consists of or comprises immoral, deceptive, or
|
|
|
|
09600SB2016ham001 |
- 40 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| scandalous matter; or
| 2 |
| (b) consists of or comprises matter that may disparage
or | 3 |
| falsely suggest a connection with persons, living or dead,
| 4 |
| institutions, beliefs, or national symbols, or bring them into
| 5 |
| contempt, or disrepute; or
| 6 |
| (c) consists of or comprises the flag or coat of arms or
| 7 |
| other insignia of the United States, or of any state or
| 8 |
| municipality, or of any foreign nation, or any simulation | 9 |
| thereof;
or
| 10 |
| (d) consists of or comprises the name, signature or
| 11 |
| portrait identifying a particular living individual, except by | 12 |
| the
individual's written consent; or
| 13 |
| (e) consists of a mark which: (1) when used on or in
| 14 |
| connection with the goods or services of the applicant, is | 15 |
| merely
descriptive or deceptively misdescriptive of them, or | 16 |
| (2) when used
on or in connection with the goods or services of | 17 |
| the applicant is
primarily geographically descriptive or | 18 |
| deceptively misdescriptive
of them, or (3) is primarily merely | 19 |
| a surname; however,
nothing in this subsection (e) shall | 20 |
| prevent the registration
of a mark used by the applicant which | 21 |
| has become distinctive of the
applicant's goods or services. | 22 |
| The Secretary may accept as
evidence that the mark has become | 23 |
| distinctive, as used on or in
connection with the applicant's | 24 |
| goods or services, proof of
continuous use thereof as a mark by | 25 |
| the applicant in this State for
the 5 years before the date on | 26 |
| which the claim of
distinctiveness is made; or
|
|
|
|
09600SB2016ham001 |
- 41 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (f) consists of or comprises a mark which so resembles
a | 2 |
| mark registered in this State of a mark of tradename previously
| 3 |
| used by another and not abandoned, as to be likely, when used | 4 |
| on or
in connection with the goods or services of the | 5 |
| applicant, to cause
confusion or mistake or to deceive ; or .
| 6 |
| (g) without the consent of the United States Olympic | 7 |
| Committee: | 8 |
| (1) contains or consists of the symbol of the | 9 |
| International Olympic Committee, consisting of 5 | 10 |
| interlocking rings, or the symbol of the International | 11 |
| Paralympic Committee; | 12 |
| (2) contains or consists of the terms "Olympic", | 13 |
| "Olympiad", "Paralympic", "Paralympiad", "Citius Altius | 14 |
| Fortius", or "Chicago 2016"; or | 15 |
| (3) is substantially identical to any other mark or | 16 |
| trade name used by the International Olympic Committee, the | 17 |
| International Paralympic Committee, the United States | 18 |
| Olympic Committee, or Chicago 2016 or its successor | 19 |
| organizing committee for the 2016 Olympic and Paralympic | 20 |
| Games. | 21 |
| (Source: P.A. 90-231, eff. 1-1-98.)
| 22 |
| (765 ILCS 1036/62 new) | 23 |
| Sec. 62. Infringement of Olympic marks. Notwithstanding | 24 |
| any other Section of this Act: | 25 |
| (a) The United States Olympic Committee has the exclusive |
|
|
|
09600SB2016ham001 |
- 42 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| right to use, and license for use, in this State any of the | 2 |
| following: | 3 |
| (1) any mark to which the United States Olympic | 4 |
| Committee has exclusive rights under 36 U.S.C. 220506; | 5 |
| (2) the designations "Chicago 2016", "CHICOG", | 6 |
| "Chicago Organizing Committee for the 2016 Olympic and | 7 |
| Paralympic Games", "Chicago Olympic Committee" and | 8 |
| "Chicago Paralympic Committee"; | 9 |
| (3) the emblem of Chicago 2016, featuring a stylized | 10 |
| design of a 6-pointed star superimposed over vertical | 11 |
| stripes, and any other official emblem adopted by Chicago | 12 |
| 2016; | 13 |
| (4) the slogan "Stir the Soul" and any other official | 14 |
| slogan adopted by Chicago 2016; | 15 |
| (5) any official mascot or mascots adopted by Chicago | 16 |
| 2016; and | 17 |
| (6) the phrases "Chicago Olympic Games", "Chicago | 18 |
| Olympics", "Chicago Paralympic Games", and "Chicago | 19 |
| Paralympics" and any other official phrase adopted by | 20 |
| Chicago 2016. | 21 |
| (b) The United States Olympic Committee, Chicago 2016 as | 22 |
| designee of the United States Olympic Committee, or both, may | 23 |
| file a civil action in the Circuit Court of Cook County, or any | 24 |
| other circuit court in the State of Illinois permitted by law, | 25 |
| against any person for the remedies provided under Section 70 | 26 |
| of this Act if the person, without the consent of the United |
|
|
|
09600SB2016ham001 |
- 43 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| States Olympic Committee or Chicago 2016, uses for the purpose | 2 |
| of trade, to induce the sale of any goods or services, or to | 3 |
| promote any theatrical exhibition, athletic performance, or | 4 |
| competition: | 5 |
| (1) any mark registered in Illinois to the United | 6 |
| States Olympic Committee or Chicago 2016; | 7 |
| (2) any mark referenced in subsection (a) of this | 8 |
| Section; or | 9 |
| (3) any word, symbol, design, graphic, or image, or | 10 |
| combination thereof, tending to cause confusion or | 11 |
| mistake, to deceive, or to falsely suggest a connection or | 12 |
| association with, or authorization by, the International | 13 |
| Olympic Committee, the International Paralympic Committee, | 14 |
| the United States Olympic Committee, Chicago 2016, or any | 15 |
| Olympic or Paralympic activity. | 16 |
| (c) If any provision of this Section or the application | 17 |
| thereof to any person or circumstance is held invalid, the | 18 |
| invalidity shall not affect other provisions or applications of | 19 |
| this Section which can be given effect without the invalid | 20 |
| provision, and to this end the provisions of this Section are | 21 |
| severable. | 22 |
| (d) For the purposes of this Section, references to Chicago | 23 |
| 2016 include the Illinois not-for-profit corporation of that | 24 |
| name and its successor organizing committee for the 2016 | 25 |
| Olympic and Paralympic Games. | 26 |
| (e) Nothing in this Section is intended to limit any rights |
|
|
|
09600SB2016ham001 |
- 44 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| or remedies provided under the Counterfeit Trademark Act. | 2 |
| Section 15-15. The Business Corporation Act of 1983 is | 3 |
| amended by changing Sections 4.05 and 4.15 as follows:
| 4 |
| (805 ILCS 5/4.05) (from Ch. 32, par. 4.05)
| 5 |
| Sec. 4.05. Corporate name of domestic or foreign | 6 |
| corporation.
| 7 |
| (a) The corporate name of a domestic corporation or of a | 8 |
| foreign
corporation organized, existing or subject to the | 9 |
| provisions of this Act:
| 10 |
| (1) Shall contain, separate and apart from any other | 11 |
| word or abbreviation
in such name, the word "corporation", | 12 |
| "company", "incorporated", or "limited",
or an | 13 |
| abbreviation of one of such words, and if the name of a | 14 |
| foreign
corporation does not contain, separate and apart | 15 |
| from any other word or
abbreviation, one of such words or | 16 |
| abbreviations, the corporation shall add
at the end of its | 17 |
| name, as a separate word or abbreviation, one of such
words | 18 |
| or an abbreviation of one of such words.
| 19 |
| (2) Shall not contain any word or phrase which | 20 |
| indicates or implies
that the corporation (i) is authorized | 21 |
| or empowered to conduct the business of
insurance, | 22 |
| assurance, indemnity, or the acceptance of savings | 23 |
| deposits; (ii) is
authorized or empowered to conduct the | 24 |
| business of banking unless otherwise
permitted by the |
|
|
|
09600SB2016ham001 |
- 45 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| Commissioner of Banks and Real Estate
pursuant to Section
| 2 |
| 46 of the Illinois Banking Act; or (iii) is authorized or | 3 |
| empowered to be in
the business of a corporate fiduciary | 4 |
| unless otherwise permitted by the
Commissioner of Banks and | 5 |
| Real Estate under Section 1-9
of the Corporate
Fiduciary | 6 |
| Act. The word "trust", "trustee", or "fiduciary" may be | 7 |
| used by a
corporation only if it has first complied with | 8 |
| Section 1-9 of the Corporate
Fiduciary Act. The word | 9 |
| "bank", "banker" or "banking" may only be used by a
| 10 |
| corporation if it has first complied with Section 46 of the | 11 |
| Illinois Banking
Act.
| 12 |
| (3) Shall be distinguishable upon the records in the | 13 |
| office of the
Secretary of State from the name or assumed | 14 |
| name of
any
domestic corporation or limited liability | 15 |
| company organized under the Limited
Liability Company Act, | 16 |
| whether profit or not for profit, existing under any
Act of | 17 |
| this State or of the name or assumed name of any foreign | 18 |
| corporation
or foreign limited liability company | 19 |
| registered under the Limited Liability
Company Act, | 20 |
| whether profit or not for
profit, authorized to transact | 21 |
| business in this State, or a name the
exclusive right to | 22 |
| which is, at the time, reserved or registered in the
manner | 23 |
| provided in this Act or Section 1-15 of the Limited | 24 |
| Liability Company
Act, except that, subject to the | 25 |
| discretion of the
Secretary of State, a foreign corporation | 26 |
| that has a name prohibited by
this paragraph may be issued |
|
|
|
09600SB2016ham001 |
- 46 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| a certificate of authority to transact
business in this | 2 |
| State, if the foreign corporation:
| 3 |
| (i) Elects to adopt an assumed corporate name or | 4 |
| names in accordance
with Section 4.15 of this Act; and
| 5 |
| (ii) Agrees in its application for a certificate of | 6 |
| authority to
transact business in this State only under | 7 |
| such assumed corporate name
or names.
| 8 |
| (4) Shall contain the word "trust", if it be a domestic | 9 |
| corporation
organized for the purpose of accepting and | 10 |
| executing trusts, shall contain
the word "pawners", if it | 11 |
| be a domestic corporation organized as a pawners'
society, | 12 |
| and shall contain the word "cooperative", if it be a | 13 |
| domestic
corporation organized as a cooperative | 14 |
| association for pecuniary profit.
| 15 |
| (5) Shall not contain a word or phrase, or an | 16 |
| abbreviation or derivation
thereof, the use of which is | 17 |
| prohibited or restricted by any other statute
of this State | 18 |
| unless such restriction has been complied with.
| 19 |
| (6) Shall consist of letters of the English alphabet, | 20 |
| Arabic or Roman
numerals, or symbols capable of being | 21 |
| readily reproduced by the office of
the Secretary of State.
| 22 |
| (7) Shall be the name under which the corporation shall | 23 |
| transact business
in this State unless the corporation | 24 |
| shall also elect to adopt an assumed
corporate name or | 25 |
| names as provided in this Act; provided, however, that
the | 26 |
| corporation may use any divisional designation or trade |
|
|
|
09600SB2016ham001 |
- 47 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| name without
complying with the requirements of this Act, | 2 |
| provided the corporation also
clearly discloses its | 3 |
| corporate name.
| 4 |
| (8) (Blank).
| 5 |
| (9) Shall not, as to any corporation organized or | 6 |
| amending its corporate name on or after the effective date | 7 |
| of this amendatory Act of the 96th General Assembly, | 8 |
| without the express written consent of the United States | 9 |
| Olympic Committee, contain the words: (i) "Olympic"; (ii) | 10 |
| "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v) | 11 |
| "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago | 12 |
| 2016". | 13 |
| (b) The Secretary of State shall determine whether a name | 14 |
| is
"distinguishable" from another name for purposes of this | 15 |
| Act. Without
excluding other names which may not constitute | 16 |
| distinguishable names in
this State, a name is not considered | 17 |
| distinguishable, for purposes of this
Act, solely because it | 18 |
| contains one or more of the following:
| 19 |
| (1) the word "corporation", "company", "incorporated", | 20 |
| or "limited",
"limited liability" or
an abbreviation of one | 21 |
| of such words;
| 22 |
| (2) articles, conjunctions, contractions, | 23 |
| abbreviations, different tenses
or number of the same word;
| 24 |
| (c) Nothing in this Section or Sections 4.15 or 4.20 shall:
| 25 |
| (1) Require any domestic corporation existing or any | 26 |
| foreign
corporation having a certificate of authority on |
|
|
|
09600SB2016ham001 |
- 48 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| the effective date of this
Act, to modify or otherwise | 2 |
| change its corporate name or assumed corporate
name, if | 3 |
| any.
| 4 |
| (2) Abrogate or limit the common law or statutory law | 5 |
| of unfair
competition or unfair trade practices, nor | 6 |
| derogate from the common law or
principles of equity or the | 7 |
| statutes of this State or of the United States
with respect | 8 |
| to the right to acquire and protect copyrights, trade | 9 |
| names,
trade marks, service names, service marks, or any | 10 |
| other right to the
exclusive use of names or symbols.
| 11 |
| (Source: P.A. 92-33, eff. 7-1-01.)
| 12 |
| (805 ILCS 5/4.15) (from Ch. 32, par. 4.15)
| 13 |
| Sec. 4.15. Assumed corporate name.
| 14 |
| (a) A domestic corporation or a
foreign corporation | 15 |
| admitted to transact business or attempting to gain
admission | 16 |
| to transact business may elect to adopt an assumed corporate | 17 |
| name
that complies with the requirements of paragraphs (2), | 18 |
| (3), (4), (5) , and (6) , and (9)
of subsection (a) of Section | 19 |
| 4.05 of this Act with respect to corporate names.
| 20 |
| (b) As used in this Act, "assumed corporate name" means any | 21 |
| corporate
name other than the true corporate name, except that | 22 |
| the following shall
not constitute the use of an assumed | 23 |
| corporate name under this Act:
| 24 |
| (1) the identification by a corporation of its business | 25 |
| with a trademark
or service mark of which it is the owner |
|
|
|
09600SB2016ham001 |
- 49 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| or licensed user; and
| 2 |
| (2) the use of a name of a division, not separately | 3 |
| incorporated and not
containing the word "corporation", | 4 |
| "incorporated", or "limited" or an
abbreviation of one of | 5 |
| such words, provided the corporation also clearly
| 6 |
| discloses its corporate name.
| 7 |
| (c) Before transacting any business in this State under an | 8 |
| assumed corporate
name or names, the corporation shall, for | 9 |
| each assumed corporate name, pursuant
to resolution by its | 10 |
| board of directors, execute and file in duplicate in
accordance | 11 |
| with Section 1.10 of this Act, an application setting forth:
| 12 |
| (1) The true corporate name.
| 13 |
| (2) The state or country under the laws of which it is | 14 |
| organized.
| 15 |
| (3) That it intends to transact business under an | 16 |
| assumed corporate name.
| 17 |
| (4) The assumed corporate name which it proposes to | 18 |
| use.
| 19 |
| (d) The right to use an assumed corporate name shall be | 20 |
| effective from
the date of filing by the Secretary of State | 21 |
| until the first day of the
anniversary month of the corporation | 22 |
| that falls within the next calendar
year evenly divisible by 5, | 23 |
| however, if an application is filed within
the 2 months | 24 |
| immediately preceding the anniversary month of a corporation
| 25 |
| that falls within a calendar year evenly divisible by 5, the | 26 |
| right
to use the assumed corporate name shall be effective |
|
|
|
09600SB2016ham001 |
- 50 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| until the first day of the
anniversary month of the corporation | 2 |
| that falls within the next succeeding
calendar year evenly | 3 |
| divisible by 5.
| 4 |
| (e) A corporation shall renew the right to use its assumed | 5 |
| corporate name
or names, if any, within the 60 days preceding | 6 |
| the expiration of such
right, for a period of 5 years, by | 7 |
| making an election to do so at
the time of filing its annual | 8 |
| report form and by paying the renewal fee as
prescribed by this | 9 |
| Act.
| 10 |
| (f) Once an application for an assumed corporate name has | 11 |
| been filed by
the Secretary of State, one copy thereof may be | 12 |
| filed for record in the
office of the recorder of the county in | 13 |
| which the registered office of the
corporation is situated in | 14 |
| this State.
| 15 |
| (g) A foreign corporation may not use an assumed or | 16 |
| fictitious name in the
conduct of its business to intentionally | 17 |
| misrepresent the geographic origin or
location of the | 18 |
| corporation within Illinois.
| 19 |
| (Source: P.A. 91-906, eff. 1-1-01.)
| 20 |
| Section 15-20. The General Not For Profit Corporation Act | 21 |
| of 1986 is amended by changing Section 104.05 as follows:
| 22 |
| (805 ILCS 105/104.05) (from Ch. 32, par. 104.05)
| 23 |
| Sec. 104.05. Corporate name of domestic or foreign
| 24 |
| corporation. |
|
|
|
09600SB2016ham001 |
- 51 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (a) The corporate name of a domestic
corporation or of a | 2 |
| foreign corporation organized, existing
or subject to the | 3 |
| provisions of this Act:
| 4 |
| (1) May contain, separate and apart from any other
word | 5 |
| or abbreviation in such name, the word "corporation,"
| 6 |
| "company," "incorporated," or "limited," or an | 7 |
| abbreviation
of one of such words;
| 8 |
| (2) Must end with the letters "NFP" if the corporate | 9 |
| name contains
any word or phrase which indicates or implies | 10 |
| that the corporation is organized
for any purpose other | 11 |
| than a purpose for which corporations may be organized
| 12 |
| under this Act or a purpose other than a purpose set forth | 13 |
| in the corporation's
articles of incorporation;
| 14 |
| (3) Shall be distinguishable upon the records in the
| 15 |
| the office of the Secretary of State from the name or | 16 |
| assumed name of any domestic corporation or limited | 17 |
| liability company
organized under the Limited Liability | 18 |
| Company Act, whether
for profit or not for profit, existing | 19 |
| under any Act of this
State or the name or assumed name of | 20 |
| any foreign corporation or foreign
limited liability | 21 |
| company registered under the Limited Liability Company | 22 |
| Act,
whether for profit or
not for profit, authorized to | 23 |
| transact business or conduct
affairs in this State, or a | 24 |
| name the exclusive right to
which is, at the time, reserved | 25 |
| or registered in the manner
provided in this Act or Section | 26 |
| 1-15 of the Limited Liability Company Act,
except that, |
|
|
|
09600SB2016ham001 |
- 52 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| subject to the discretion
of the
Secretary of State, a | 2 |
| foreign corporation that has a
name prohibited by this | 3 |
| paragraph may be issued a
certificate of authority to | 4 |
| conduct its affairs in this
State, if the foreign | 5 |
| corporation:
| 6 |
| (i) Elects to adopt an assumed corporation name
or | 7 |
| names in accordance with Section 104.15 of this Act; | 8 |
| and
| 9 |
| (ii) Agrees in its application for a certificate
of | 10 |
| authority to conduct affairs in this State only under
| 11 |
| such assumed corporate name or names;
| 12 |
| (4) Shall not contain a word or phrase, or an
| 13 |
| abbreviation or derivation thereof, the use of which is
| 14 |
| prohibited or restricted by any other statute of this State
| 15 |
| unless such restriction has been complied with;
| 16 |
| (5) Shall consist of letters of the English alphabet,
| 17 |
| Arabic or Roman numerals, or symbols capable of being
| 18 |
| readily reproduced by the office of the Secretary of State;
| 19 |
| (6) Shall not contain the words "regular democrat,"
| 20 |
| "regular democratic," "regular republican," "democrat,"
| 21 |
| "democratic," or "republican," nor the name of any other
| 22 |
| established political party, unless consent to usage of | 23 |
| such
words or name is given to the corporation by the State | 24 |
| central committee
of such established
political party; | 25 |
| notwithstanding any other provisions of this Act, any
| 26 |
| corporation, whose name at the time this amendatory
Act |
|
|
|
09600SB2016ham001 |
- 53 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| takes effect contains any of the words listed in this | 2 |
| paragraph shall
certify to the Secretary of State no later | 3 |
| than January 1, 1989, that
consent has been given by the | 4 |
| State central committee; consent given to a
corporation by | 5 |
| the State central committee to use the above listed words
| 6 |
| may be revoked upon notification to the corporation and the | 7 |
| Secretary of State;
and
| 8 |
| (7) Shall be the name under which the corporation
shall | 9 |
| conduct affairs in this State unless the corporation
shall | 10 |
| also elect to adopt an assumed corporate name or names
as | 11 |
| provided in this Act; provided, however, that the
| 12 |
| corporation may use any divisional designation or trade | 13 |
| name
without complying with the requirements of this Act,
| 14 |
| provided the corporation also clearly discloses its
| 15 |
| corporate name ; and .
| 16 |
| (8) Shall not, as to any corporation organized or | 17 |
| amending its corporate name on or after the effective date | 18 |
| of this amendatory Act of the 96th General Assembly, | 19 |
| without the express written consent of the United States | 20 |
| Olympic Committee, contain the words: (i) "Olympic"; (ii) | 21 |
| "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v) | 22 |
| "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago | 23 |
| 2016". | 24 |
| (b) The Secretary of State shall determine whether a name
| 25 |
| is "distinguishable" from another name for purposes of this
| 26 |
| Act. Without excluding other names which may not constitute
|
|
|
|
09600SB2016ham001 |
- 54 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| distinguishable names in this State, a name is not
considered | 2 |
| distinguishable, for purposes of this Act, solely
because it | 3 |
| contains one or more of the following:
| 4 |
| (1) The word "corporation," "company," "incorporated,"
| 5 |
| or "limited" or an abbreviation of one of such words;
| 6 |
| (2) Articles, conjunctions, contractions,
| 7 |
| abbreviations, different tenses or number of the same word.
| 8 |
| (c) Nothing in this Section or Sections 104.15 or 104.20 of
| 9 |
| this Act shall:
| 10 |
| (1) Require any domestic corporation existing or any
| 11 |
| foreign corporation having a certificate of authority on | 12 |
| the
effective date of this Act, to modify or otherwise | 13 |
| change
its corporate name or assumed corporate name, if | 14 |
| any; or
| 15 |
| (2) Abrogate or limit the common law or statutory law
| 16 |
| of unfair competition or unfair trade practices, nor
| 17 |
| derogate from the common law or principles of equity or the
| 18 |
| statutes of this State or of the United States with respect
| 19 |
| to the right to acquire and protect copyrights, trade | 20 |
| names,
trade marks, service names, service marks, or any | 21 |
| other
right to the exclusive use of name or symbols.
| 22 |
| (Source: P.A. 92-33, eff. 7-1-01; revised 10-28-08.)
| 23 |
| Section 15-25. The Limited Liability Company Act is amended | 24 |
| by changing Section 1-10 as follows:
|
|
|
|
09600SB2016ham001 |
- 55 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (805 ILCS 180/1-10)
| 2 |
| Sec. 1-10. Limited liability company name.
| 3 |
| (a) The name of each limited liability company as set
forth | 4 |
| in its articles of organization:
| 5 |
| (1) shall contain the terms "limited liability
| 6 |
| company", "L.L.C.", or "LLC";
| 7 |
| (2) may not contain a word or phrase, or an
| 8 |
| abbreviation or derivation thereof, the use of which is
| 9 |
| prohibited or restricted by any other statute of this
State | 10 |
| unless the restriction has been complied with;
| 11 |
| (3) shall consist of letters of the English
alphabet, | 12 |
| Arabic or Roman numerals, or symbols capable
of being | 13 |
| readily reproduced by the Office of the
Secretary of State;
| 14 |
| (4) shall not contain any of the following terms:
| 15 |
| "Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
| 16 |
| "Co.," "Limited Partnership" or "L.P.";
| 17 |
| (5) shall be the name under which the limited
liability | 18 |
| company transacts business in this State
unless the limited | 19 |
| liability company also elects to
adopt an assumed name or | 20 |
| names as provided in this Act;
provided, however, that the | 21 |
| limited liability company
may use any divisional | 22 |
| designation or trade name without
complying with the | 23 |
| requirements of this Act, provided
the limited liability | 24 |
| company also clearly discloses its
name;
| 25 |
| (6) shall not contain any word or phrase that indicates | 26 |
| or implies that
the limited liability company is authorized |
|
|
|
09600SB2016ham001 |
- 56 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| or empowered to be in the business
of a corporate fiduciary | 2 |
| unless otherwise permitted by the Commissioner of the
| 3 |
| Office of Banks and Real Estate under Section 1-9 of the | 4 |
| Corporate Fiduciary
Act. The word "trust", "trustee", or | 5 |
| "fiduciary" may be used by a limited
liability company only | 6 |
| if it has first complied with Section 1-9 of the
Corporate | 7 |
| Fiduciary Act; and
| 8 |
| (7) shall contain the word "trust", if it is a limited | 9 |
| liability company
organized for the purpose of accepting | 10 |
| and executing trusts ; and .
| 11 |
| (8) shall not, as to any limited liability company | 12 |
| organized or amending its company name on or after the | 13 |
| effective date of this amendatory Act of the 96th General | 14 |
| Assembly, without the express written consent of the United | 15 |
| States Olympic Committee, contain the words: (i) | 16 |
| "Olympic"; (ii) "Olympiad"; (iii) "Paralympic"; (iv) | 17 |
| "Paralympiad"; (v) "Citius Altius Fortius"; (vi) "CHICOG"; | 18 |
| or (vii) "Chicago 2016". | 19 |
| (b) Nothing in this Section or Section 1-20 shall
abrogate | 20 |
| or limit the common law or statutory law of unfair
competition | 21 |
| or unfair trade practices, nor derogate from the
common law or | 22 |
| principles of equity or the statutes of this
State or of the | 23 |
| United States of America with respect to the
right to acquire | 24 |
| and protect copyrights, trade names,
trademarks, service | 25 |
| marks, service names, or any other right
to the exclusive use | 26 |
| of names or symbols.
|
|
|
|
09600SB2016ham001 |
- 57 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (c) (Blank).
| 2 |
| (d) The name shall be distinguishable upon the records
in | 3 |
| the Office of the Secretary of State from all of the following:
| 4 |
| (1) Any limited liability company that has
articles of | 5 |
| organization filed with the Secretary of
State under | 6 |
| Section 5-5.
| 7 |
| (2) Any foreign limited liability company admitted
to | 8 |
| transact business in this State.
| 9 |
| (3) Any name for which an exclusive right has been
| 10 |
| reserved in the Office of the Secretary of State
under | 11 |
| Section 1-15.
| 12 |
| (4) Any assumed name that is registered with the
| 13 |
| Secretary of State under Section 1-20.
| 14 |
| (5) Any corporate name or assumed corporate name of a | 15 |
| domestic or
foreign corporation subject to the provisions | 16 |
| of Section 4.05 of the
Business Corporation Act of 1983
or | 17 |
| Section 104.05 of the General Not For Profit Corporation | 18 |
| Act of 1986.
| 19 |
| (e) The provisions of subsection (d) of this Section
shall | 20 |
| not apply if the organizer files with the Secretary of
State a | 21 |
| certified copy of a final decree of a court of
competent | 22 |
| jurisdiction establishing the prior right of the
applicant to | 23 |
| the use of that name in this State.
| 24 |
| (f) The Secretary of State shall determine whether a
name | 25 |
| is "distinguishable" from another name for the purposes
of this | 26 |
| Act. Without excluding other names that may not
constitute |
|
|
|
09600SB2016ham001 |
- 58 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| distinguishable names in this State, a name is not
considered | 2 |
| distinguishable, for purposes of this Act, solely
because it | 3 |
| contains one or more of the following:
| 4 |
| (1) The word "limited", "liability" or "company"
or an | 5 |
| abbreviation of one of those words.
| 6 |
| (2) Articles, conjunctions, contractions,
| 7 |
| abbreviations, or different tenses or number of the same
| 8 |
| word.
| 9 |
| (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
| 10 |
| ARTICLE 20. | 11 |
| Section 20-5. Article title. This Article may be cited as | 12 |
| the 2016 Olympic and Paralympic Games Professional Licensure | 13 |
| Exemption Law. | 14 |
| Section 20-10. The Department of Professional Regulation | 15 |
| Law of the
Civil Administrative Code of Illinois is amended by | 16 |
| adding Section 2105-350 as follows: | 17 |
| (20 ILCS 2105/2105-350 new) | 18 |
| Sec. 2105-350. Licensing exemptions related to the 2016 | 19 |
| Olympic and Paralympic Games. | 20 |
| (a) Definitions. For purposes of this Section: | 21 |
| "Eligible personnel" means individuals formally accredited | 22 |
| by the OCOG under IOC procedures and regulations, or in the |
|
|
|
09600SB2016ham001 |
- 59 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| case of a sanctioned test event, the individuals formally | 2 |
| designated by the OCOG under specific procedures applicable to | 3 |
| the sanctioned test event. | 4 |
| "Bid committee" means Chicago 2016, a local organizing | 5 |
| committee that has been incorporated as a not-for-profit | 6 |
| corporation, that is authorized by the candidate city to submit | 7 |
| a bid on the candidate city's behalf to the IOC for selection | 8 |
| as the host city for the games, and that may serve as (or help | 9 |
| form) the OCOG if the candidate city is selected as the host | 10 |
| city for the games. | 11 |
| "Candidate city" means the City of Chicago, which has been | 12 |
| selected as a candidate by the IOC to be the host city of the | 13 |
| games. | 14 |
| "Competition venues" means, collectively, the venues or | 15 |
| facilities to be used for competition and related activities, | 16 |
| including, without limitation, training activities, for the | 17 |
| games or sanctioned test events as may be determined by the | 18 |
| IOC, the USOC, or the OCOG or the candidate city. | 19 |
| "Department" means the Department of Financial and | 20 |
| Professional Regulation of the State. | 21 |
| "Foreign licensing body" means (i) another state or | 22 |
| territory of the United States of America, or (ii) a foreign | 23 |
| country or other political entity recognized by the United | 24 |
| States of America as sovereign, or a political subdivision | 25 |
| thereof. | 26 |
| "Games" means the 2016 Olympic and Paralympic Games, |
|
|
|
09600SB2016ham001 |
- 60 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| including all associated meetings, ceremonies, performances, | 2 |
| and events. | 3 |
| "IOC" means the International Olympic Committee. | 4 |
| "NOC" means a National Olympic Committee. | 5 |
| "Non-competition venues" means, collectively, the venues | 6 |
| or facilities to be used for non-competition activities, | 7 |
| including, without limitation, the Olympic village, broadcast | 8 |
| and media center, live sites, hospitality sites, and | 9 |
| administrative and operational offices, for the games or | 10 |
| sanctioned test events, as determined by the IOC, the USOC, or | 11 |
| the OCOG or the candidate city. | 12 |
| "NPC" means a National Paralympic Committee. | 13 |
| "OCOG" means the bid committee or the same as may be | 14 |
| reorganized or reconstituted if the candidate city is selected | 15 |
| as the host city for the games, or another not-for-profit | 16 |
| corporation to be established by the candidate city and the bid | 17 |
| committee, which is to serve as the organizing committee for | 18 |
| the games. | 19 |
| "Period of the games" means the period commencing 28 days | 20 |
| prior to the opening ceremony of the 2016 Olympic Games and | 21 |
| concluding 28 days after the closing ceremony of the 2016 | 22 |
| Paralympic Games. | 23 |
| "Representative" means an individual formally accredited | 24 |
| by the OCOG under IOC procedures and regulations as a member or | 25 |
| guest of an NOC or NPC delegation participating in the games, | 26 |
| or an individual formally designated by the OCOG or another |
|
|
|
09600SB2016ham001 |
- 61 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| applicable organizing committee of a sanctioned test event as | 2 |
| being a member or guest of an NOC or NPC delegation, or | 3 |
| athletic team, participating in the sanctioned test event. | 4 |
| "Sanctioned test event" means an event designated in | 5 |
| writing by the OCOG to the Department at least 30 days in | 6 |
| advance and which is conducted for the purpose of preparing or | 7 |
| evaluating the ability and preparedness of the OCOG or the | 8 |
| candidate city to host the games. | 9 |
| "Specified occupation" means the following occupations or | 10 |
| professions: physician, chiropractic physician, advanced | 11 |
| practice nurse, practical nurse, licensed practical nurse, | 12 |
| registered nurse, registered professional nurse, physical | 13 |
| therapist, physical therapist assistant, physician assistant, | 14 |
| athletic trainer, veterinarian, veterinary technician, and | 15 |
| massage therapist. | 16 |
| "Sponsoring delegation" means an NOC or NPC delegation or | 17 |
| another accredited delegation for the games, or in the case of | 18 |
| a sanctioned test event, an NOC or NPC delegation or athletic | 19 |
| team, which engages, funds, supports, or otherwise requires the | 20 |
| attendance and participation of the individual or entity to | 21 |
| whom or which a licensing exception contained in this Section | 22 |
| would apply. | 23 |
| "State" means the State of Illinois. | 24 |
| "USOC" means the U.S. Olympic Committee. | 25 |
| "Venues" means, collectively, the competition and | 26 |
| non-competition venues. |
|
|
|
09600SB2016ham001 |
- 62 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (b) Notwithstanding any law of the State or political | 2 |
| subdivision thereof to the contrary, an individual or entity | 3 |
| may engage in the practice of the specified occupations without | 4 |
| being licensed under any Act administered by the Department or | 5 |
| by the Department of Public Health of the State, provided that | 6 |
| the individual or entity: | 7 |
| (1) is duly licensed by, or otherwise authorized to | 8 |
| practice the profession or occupation by, a foreign | 9 |
| licensing body; | 10 |
| (2) provides services at the invitation of an OCOG for | 11 |
| the professional purpose of caring for or attending to the | 12 |
| needs of individuals participating in or attending the | 13 |
| games; | 14 |
| (3) restricts his, her or its licensed or authorized | 15 |
| services and duties solely to the provision of care or | 16 |
| service at one or more venues as specified by the OCOG, and | 17 |
| in the case of venues without access control, restricts | 18 |
| his, her or its licensed or authorized services and duties | 19 |
| solely to the provision of care or service to eligible | 20 |
| personnel; | 21 |
| (4) provides only the care or services that the | 22 |
| individual or entity is licensed or otherwise authorized by | 23 |
| the foreign licensing body to provide; and | 24 |
| (5) restricts the provision of the care or services to | 25 |
| the period of the games or to the period of a sanctioned | 26 |
| test event, together with any necessary period before and |
|
|
|
09600SB2016ham001 |
- 63 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| after the test event. | 2 |
| (c) Any person or entity practicing or providing services | 3 |
| of a specified occupation as set forth in subsection (b) who, | 4 |
| in good faith, provides emergency care without fee to a person, | 5 |
| shall not be liable for civil damages or professional liability | 6 |
| as a result of his, her, or its acts or omissions, except to | 7 |
| the extent that the person or entity engages in willful or | 8 |
| wanton misconduct in providing that care. This subsection (c) | 9 |
| shall also apply to any person or entity that provides | 10 |
| emergency care without fee but that is duly licensed or | 11 |
| authorized to do so by the Department or the Department of | 12 |
| Public Health of the State. | 13 |
| (d) Notwithstanding any law of the State or political | 14 |
| subdivision thereof to the contrary, an individual or entity | 15 |
| may engage in the practice of the specified occupations without | 16 |
| being licensed under any Act administered by the Department, | 17 |
| provided that the individual or entity: | 18 |
| (1) is duly licensed by, or otherwise authorized to | 19 |
| practice the profession or occupation by, a foreign | 20 |
| licensing body; | 21 |
| (2) provides services for the professional purposes of | 22 |
| attending to the needs of the representatives of a | 23 |
| sponsoring delegation; | 24 |
| (3) restricts his or her or its licensed or authorized | 25 |
| services and duties solely to the representatives of the | 26 |
| sponsoring delegation during the representatives' stay in |
|
|
|
09600SB2016ham001 |
- 64 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| the State; | 2 |
| (4) provides services at the invitation of a sponsoring | 3 |
| delegation; | 4 |
| (5) provides only those services of a specified | 5 |
| occupation that the individual or entity is licensed or | 6 |
| otherwise authorized to provide by the foreign licensing | 7 |
| body; and | 8 |
| (6) restricts the provision of said care or services to | 9 |
| the period of the games, or in the case of a sanctioned | 10 |
| test event, to the period of said sanctioned test event | 11 |
| together with any necessary period before and after said | 12 |
| sanctioned test event, which period shall not commence more | 13 |
| than 28 days before said sanctioned test event or terminate | 14 |
| more than 28 days after said sanctioned test event. | 15 |
| (e) The requirements of this Section 2105-350 do not apply | 16 |
| to the exemptions authorized by the Department pursuant to | 17 |
| Section 2105-400 of this Act. | 18 |
| (f) This Section becomes inoperable as provided in Section | 19 |
| 20-15 of the 2016 Olympic and Paralympic Games Professional | 20 |
| Licensure Exemption Law. | 21 |
| Section 20-15. Inoperability. This Article, including | 22 |
| Section 2105-350 of the Department of Professional Regulation | 23 |
| Law of the Civil Administrative Code of Illinois, shall be | 24 |
| inoperable as follows: | 25 |
| (a) if the candidate city terminates its candidacy to |
|
|
|
09600SB2016ham001 |
- 65 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| become the host city for the games, then this Article is | 2 |
| inoperable upon that termination; | 3 |
| (b) if the IOC does not select the candidate city as the | 4 |
| host city for the games on or before December 1, 2009, then | 5 |
| this Article is inoperable on and after that date; or | 6 |
| (c) if the candidate city is chosen as the host city for | 7 |
| the games on or before December 1, 2009, then this Article is | 8 |
| inoperable on and after June 30, 2017; except that subsection | 9 |
| (c) of Section 20-10 of this Article shall survive until the | 10 |
| expiration of all relevant statutes of limitation. | 11 |
| Section 20-20. The Illinois Athletic Trainers Practice Act | 12 |
| is amended by changing Section 4 as follows:
| 13 |
| (225 ILCS 5/4) (from Ch. 111, par. 7604)
| 14 |
| (Section scheduled to be repealed on January 1, 2016)
| 15 |
| Sec. 4. Licensure requirement - Exempt activities.
After | 16 |
| the effective date of this Act, no person
shall provide any of | 17 |
| the services set forth in subsection (4) of Section 3
of this | 18 |
| Act, or use the title "athletic trainer" or
"certified athletic | 19 |
| trainer" or "athletic trainer certified" or the letters
"A.T.", | 20 |
| "C.A.T.", "A.T.C.", "A.C.T.", or
"I.A.T.L." after his name, | 21 |
| unless licensed
under this Act.
| 22 |
| Nothing in this Act shall be construed as preventing or | 23 |
| restricting the
practice, services, or activities of:
| 24 |
| (1) Any person licensed or registered in this State by |
|
|
|
09600SB2016ham001 |
- 66 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| any other law
from engaging in the profession or occupation | 2 |
| for which he or she is
licensed or
registered.
| 3 |
| (2) Any person employed as an athletic trainer by the | 4 |
| Government of the
United States, if such person provides | 5 |
| athletic training solely under the
direction or control of | 6 |
| the organization by which he or she is employed.
| 7 |
| (3) Any person pursuing a course of study leading to a | 8 |
| degree or
certificate in athletic training at an accredited | 9 |
| educational
program if such activities and services | 10 |
| constitute a part of a supervised
course of study involving | 11 |
| daily personal or verbal contact at the site of supervision | 12 |
| between the athletic training student and the licensed | 13 |
| athletic trainer who plans, directs, advises, and | 14 |
| evaluates the student's athletic training clinical | 15 |
| education. The supervising licensed athletic trainer must | 16 |
| be on-site where the athletic training clinical education | 17 |
| is being obtained.
A person meeting the criteria under this | 18 |
| paragraph (3) must be designated by a title which clearly
| 19 |
| indicates his or her status as a student or
trainee.
| 20 |
| (4) (Blank).
| 21 |
| (5) The practice of athletic training under the | 22 |
| supervision of a licensed athletic trainer by one who has | 23 |
| applied in writing
to the Department for
licensure and has | 24 |
| complied with all the provisions
of Section 9 except the | 25 |
| passing of the examination to be eligible to receive
such | 26 |
| license. In no event shall this exemption extend to any
|
|
|
|
09600SB2016ham001 |
- 67 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| person for longer than 3 months. Anyone who has previously | 2 |
| failed the examination, or who fails the examination during | 3 |
| this 3-month period, shall immediately cease practice as an | 4 |
| athletic trainer and shall not engage in the practice of | 5 |
| athletic training again until he or she passes the | 6 |
| examination.
| 7 |
| (6) Any person in a coaching position from rendering | 8 |
| emergency care on an
as
needed basis to the athletes under | 9 |
| his or her supervision when a licensed athletic trainer is | 10 |
| not available.
| 11 |
| (7) Any person who is an athletic trainer from another | 12 |
| nation, state, or
territory
acting as an athletic trainer | 13 |
| while performing
his duties for his or her respective | 14 |
| non-Illinois based team or
organization, so long as he or | 15 |
| she restricts his or her duties to his
or her team or | 16 |
| organization during the course of his or her team's or
| 17 |
| organization's stay in this State. For the purposes of this | 18 |
| Act, a team shall be considered based in Illinois if its | 19 |
| home contests are held in Illinois, regardless of the | 20 |
| location of the team's administrative offices.
| 21 |
| (8) The practice of athletic training by persons | 22 |
| licensed in another state who have applied in writing to | 23 |
| the Department for licensure by endorsement for no longer | 24 |
| than 6 months or until notification has been given that | 25 |
| licensure has been granted or denied, whichever period of | 26 |
| time is lesser. |
|
|
|
09600SB2016ham001 |
- 68 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (9) The practice of athletic training by one who has | 2 |
| applied in writing to the Department for licensure and has | 3 |
| complied with all the provisions of Section 9 for no longer | 4 |
| than 6 months or until notification has been given that | 5 |
| licensure has been granted or denied, whichever period of | 6 |
| time is lesser. | 7 |
| (10) The practice of athletic training by persons | 8 |
| actively licensed as an athletic trainer in another state, | 9 |
| or currently certified by the National Athletic Trainers | 10 |
| Association Board of Certification, Inc., or its successor | 11 |
| entity, at a special athletic tournament or event conducted | 12 |
| by a sanctioned amateur athletic organization, including, | 13 |
| but not limited to, the Prairie State Games and the Special | 14 |
| Olympics, for no more than 14 days. This shall not include | 15 |
| contests or events that are part of a scheduled series of | 16 |
| regular season events. | 17 |
| (11) Athletic trainer aides from performing patient | 18 |
| care activities under the on-site supervision of a licensed | 19 |
| athletic trainer. These patient care activities shall not | 20 |
| include interpretation of referrals or evaluation | 21 |
| procedures, planning or major modifications of patient | 22 |
| programs, administration of medication, or solo practice | 23 |
| or event coverage without immediate access to a licensed | 24 |
| athletic trainer.
| 25 |
| (12) Persons or entities practicing the specified | 26 |
| occupations set forth in subsection (a) of, and pursuant to |
|
|
|
09600SB2016ham001 |
- 69 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| a licensing exemption granted in subsection (b) or (d) of, | 2 |
| Section 2105-350 of the Department of Professional | 3 |
| Regulation Law of the Civil Administrative Code of | 4 |
| Illinois, but only for so long as the 2016 Olympic and | 5 |
| Paralympic Games Professional Licensure Exemption Law is | 6 |
| operable. | 7 |
| (Source: P.A. 94-246, eff. 1-1-06.)
| 8 |
| Section 20-25. The Massage Licensing Act is amended by | 9 |
| changing Section 25 as follows:
| 10 |
| (225 ILCS 57/25)
| 11 |
| (Section scheduled to be repealed on January 1, 2012)
| 12 |
| Sec. 25. Exemptions.
| 13 |
| (a) This Act does not prohibit a person licensed
under any | 14 |
| other Act
in this State
from
engaging in the practice for which | 15 |
| he or she is licensed.
| 16 |
| (b) Persons exempted under this Section include, but are | 17 |
| not limited to,
physicians,
podiatrists, naprapaths, and | 18 |
| physical therapists.
| 19 |
| (c) Nothing in this Act prohibits qualified members of | 20 |
| other
professional groups,
including but not limited to nurses, | 21 |
| occupational therapists,
cosmetologists, and
estheticians, | 22 |
| from performing massage in a manner consistent with their
| 23 |
| training and the
code of ethics of their respective | 24 |
| professions.
|
|
|
|
09600SB2016ham001 |
- 70 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (d) Nothing in this Act prohibits a student of an approved | 2 |
| massage
school or
program from performing massage, provided | 3 |
| that the student does not hold
himself or herself out
as a | 4 |
| licensed massage therapist and does not charge a fee for | 5 |
| massage therapy
services.
| 6 |
| (e) Nothing in this Act prohibits practitioners that do not | 7 |
| involve
intentional soft tissue manipulation, including but | 8 |
| not limited to Alexander
Technique, Feldenkrais, Reike, and | 9 |
| Therapeutic Touch, from practicing.
| 10 |
| (f) Practitioners of certain service marked bodywork | 11 |
| approaches that do
involve intentional soft tissue | 12 |
| manipulation, including but not limited to
Rolfing, Trager | 13 |
| Approach, Polarity Therapy, and Orthobionomy, are exempt from
| 14 |
| this Act if they are approved by their governing body based on | 15 |
| a minimum level
of training, demonstration of competency, and | 16 |
| adherence to ethical standards.
| 17 |
| (g) Practitioners of Asian bodywork approaches are exempt | 18 |
| from this Act if
they are members of the American Organization | 19 |
| of Bodywork Therapies of Asia as
certified practitioners or if | 20 |
| they are approved by an Asian bodywork
organization based on a | 21 |
| minimum level of training, demonstration of competency,
and | 22 |
| adherence to ethical standards set by their governing body.
| 23 |
| (h) Practitioners of other forms of bodywork who restrict | 24 |
| manipulation of
soft tissue to the feet, hands, and ears, and | 25 |
| who do not have the client
disrobe, such as reflexology, are | 26 |
| exempt from this Act.
|
|
|
|
09600SB2016ham001 |
- 71 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (i) Nothing in this Act applies to massage therapists from | 2 |
| other states or
countries when providing educational programs | 3 |
| or services for a period not
exceeding 30 days within a | 4 |
| calendar year.
| 5 |
| (j) Nothing in this Act prohibits a person from treating | 6 |
| ailments by
spiritual means through prayer alone in accordance | 7 |
| with the tenets and
practices of a recognized church or | 8 |
| religious denomination.
| 9 |
| (k) Nothing in this Act applies to persons or entities | 10 |
| practicing the specified occupations set forth in subsection | 11 |
| (a) of, and pursuant to a licensing exemption granted in | 12 |
| subsection (b) or (d) of, Section 2105-350 of the Department of | 13 |
| Professional Regulation Law of the Civil Administrative Code of | 14 |
| Illinois, but only for so long as the 2016 Olympic and | 15 |
| Paralympic Games Professional Licensure Exemption Law is | 16 |
| operable. | 17 |
| (Source: P.A. 92-860, eff. 6-1-03.)
| 18 |
| Section 20-30. The Medical Practice Act of 1987 is amended | 19 |
| by changing Section 4 as follows:
| 20 |
| (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
| 21 |
| (Section scheduled to be repealed on December 31, 2010)
| 22 |
| Sec. 4. Exemptions.
| 23 |
| (a) This Act does not apply to the following:
| 24 |
| (1) persons lawfully carrying on their particular |
|
|
|
09600SB2016ham001 |
- 72 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| profession or business
under any valid existing regulatory | 2 |
| Act of this State;
| 3 |
| (2) persons rendering gratuitous services in cases of | 4 |
| emergency; or
| 5 |
| (3) persons treating human ailments by prayer or | 6 |
| spiritual means as an
exercise or enjoyment of religious | 7 |
| freedom ; or .
| 8 |
| (4) persons practicing the specified occupations set | 9 |
| forth in in subsection (a) of, and pursuant to a licensing | 10 |
| exemption granted in subsection (b) or (d) of, Section | 11 |
| 2105-350 of the Department of Professional Regulation Law | 12 |
| of the Civil Administrative Code of Illinois, but only for | 13 |
| so long as the 2016 Olympic and Paralympic Games | 14 |
| Professional Licensure Exemption Law is operable. | 15 |
| (b) (Blank).
| 16 |
| (Source: P.A. 93-379, eff. 7-24-03 .)
| 17 |
| Section 20-35. The Nurse Practice Act is amended by | 18 |
| changing Section 50-15 as follows:
| 19 |
| (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
| 20 |
| (Section scheduled to be repealed on January 1, 2018)
| 21 |
| Sec. 50-15. Policy; application of Act. | 22 |
| (a) For the protection of life and the
promotion of health, | 23 |
| and the prevention of illness and communicable diseases,
any | 24 |
| person practicing or offering to practice advanced,
|
|
|
|
09600SB2016ham001 |
- 73 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| professional, or practical
nursing in Illinois shall submit | 2 |
| evidence that he or she is qualified to
practice, and shall be | 3 |
| licensed as provided under this Act. No person shall
practice | 4 |
| or offer to practice advanced, professional, or practical | 5 |
| nursing in Illinois or
use any title, sign, card or device to | 6 |
| indicate that such a person is
practicing professional or | 7 |
| practical nursing unless such person has been
licensed under | 8 |
| the provisions of this Act.
| 9 |
| (b) This Act does not prohibit the following:
| 10 |
| (1) The practice of nursing in Federal employment in | 11 |
| the discharge of the
employee's duties by a person who is | 12 |
| employed by the United States
government or any bureau, | 13 |
| division or agency thereof and is a legally
qualified and | 14 |
| licensed nurse of another state or territory and not in
| 15 |
| conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | 16 |
| this
Act.
| 17 |
| (2) Nursing that is included in the program of study by
| 18 |
| students
enrolled in programs of nursing or in current | 19 |
| nurse practice update courses
approved by the Department.
| 20 |
| (3) The furnishing of nursing assistance in an | 21 |
| emergency.
| 22 |
| (4) The practice of nursing by a nurse who holds an | 23 |
| active license in
another state when providing services to | 24 |
| patients in Illinois during a bonafide
emergency or in | 25 |
| immediate preparation for or during interstate
transit.
| 26 |
| (5) The incidental care of the sick by members of the |
|
|
|
09600SB2016ham001 |
- 74 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| family, domestic
servants or housekeepers, or care of the | 2 |
| sick where treatment is by prayer
or spiritual means.
| 3 |
| (6) Persons from being employed as unlicensed | 4 |
| assistive personnel in private homes, long term care | 5 |
| facilities,
nurseries, hospitals or other institutions.
| 6 |
| (7) The practice of practical nursing by one who is a | 7 |
| licensed practical
nurse under the laws of another U.S. | 8 |
| jurisdiction and has applied in writing
to the Department, | 9 |
| in form and substance satisfactory to the Department,
for a | 10 |
| license as a licensed practical nurse and who is qualified | 11 |
| to receive
such license under this Act, until (i) the | 12 |
| expiration of 6 months after
the filing of such written | 13 |
| application, (ii) the withdrawal of such application,
or | 14 |
| (iii) the denial of such application by the Department.
| 15 |
| (8) The practice of advanced practice nursing by one | 16 |
| who is an advanced practice nurse under the laws of another | 17 |
| state, territory of the United States, or country and has | 18 |
| applied in writing to the Department, in form and substance | 19 |
| satisfactory to the Department, for a license as an | 20 |
| advanced practice nurse and who is qualified to receive | 21 |
| such license under this Act, until (i) the expiration of 6 | 22 |
| months after the filing of such written application, (ii) | 23 |
| the withdrawal of such application, or (iii) the denial of | 24 |
| such application by the Department.
| 25 |
| (9) The practice of professional nursing by one who is | 26 |
| a registered
professional nurse under the laws of another |
|
|
|
09600SB2016ham001 |
- 75 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| state, territory of the United
States or country and has | 2 |
| applied in writing to the Department, in form and
substance | 3 |
| satisfactory to the Department, for a license as a | 4 |
| registered
professional nurse and who is qualified to | 5 |
| receive such license under
Section 55-10, until (1) the | 6 |
| expiration of 6 months after the filing of
such written | 7 |
| application, (2) the withdrawal of such application, or (3)
| 8 |
| the denial of such application by the Department.
| 9 |
| (10) The practice of professional nursing that is | 10 |
| included in a program of
study by one who is a registered | 11 |
| professional nurse under the laws of
another state or | 12 |
| territory of the United States or foreign country,
| 13 |
| territory or province and who is enrolled in a graduate | 14 |
| nursing education
program or a program for the completion | 15 |
| of a baccalaureate nursing degree in
this State, which | 16 |
| includes clinical supervision by faculty as
determined by | 17 |
| the educational institution offering the program and the
| 18 |
| health care organization where the practice of nursing | 19 |
| occurs.
| 20 |
| (11) Any person licensed in this State under any other | 21 |
| Act from engaging
in the practice for which she or he is | 22 |
| licensed.
| 23 |
| (12) Delegation to authorized direct care staff | 24 |
| trained under Section 15.4
of the Mental Health and
| 25 |
| Developmental Disabilities Administrative Act consistent | 26 |
| with the policies of the Department.
|
|
|
|
09600SB2016ham001 |
- 76 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (13) The practice, services, or activities of persons | 2 |
| practicing the specified occupations set forth in | 3 |
| subsection (a) of, and pursuant to a licensing exemption | 4 |
| granted in subsection (b) or (d) of, Section 2105-350 of | 5 |
| the Department of Professional Regulation Law of the Civil | 6 |
| Administrative Code of Illinois, but only for so long as | 7 |
| the 2016 Olympic and Paralympic Games Professional | 8 |
| Licensure Exemption Law is operable. | 9 |
| Nothing in this Act shall be construed to limit the | 10 |
| delegation of tasks or duties by a physician, dentist, or | 11 |
| podiatrist to a licensed practical nurse, a registered | 12 |
| professional nurse, or other persons.
| 13 |
| (Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08.)
| 14 |
| Section 20-40. The Illinois Physical Therapy Act is amended | 15 |
| by changing Section 2 as follows:
| 16 |
| (225 ILCS 90/2) (from Ch. 111, par. 4252)
| 17 |
| (Section scheduled to be repealed on January 1, 2016)
| 18 |
| Sec. 2. Licensure requirement; exempt activities. Practice | 19 |
| without a
license forbidden - exception.
No person shall
after | 20 |
| the date of August 31, 1965 begin to practice physical therapy | 21 |
| in
this State or hold himself out as being able to practice | 22 |
| this profession,
unless he is licensed as such in accordance | 23 |
| with the provisions of this Act.
After the effective date of | 24 |
| this amendatory Act of 1990, no person shall
practice or hold |
|
|
|
09600SB2016ham001 |
- 77 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| himself out as a physical therapist assistant unless he is
| 2 |
| licensed as such under this Act. A physical therapist shall use | 3 |
| the initials "PT" in connection with his or her name to denote | 4 |
| licensure under this Act, and a physical therapist assistant | 5 |
| shall use the initials "PTA" in connection with his or her name | 6 |
| to denote licensure under this Act.
| 7 |
| This Act does not prohibit:
| 8 |
| (1) Any person licensed in this State under
any other | 9 |
| Act from engaging in the practice for which he is licensed.
| 10 |
| (2) The practice of physical therapy by those persons, | 11 |
| practicing
under the
supervision of a licensed physical | 12 |
| therapist and who have met all of the
qualifications as | 13 |
| provided in Sections 7, 8.1, and 9 of this Act, until
the | 14 |
| next examination is given for physical therapists or | 15 |
| physical
therapist assistants and the results have been | 16 |
| received by the Department
and the Department has | 17 |
| determined the applicant's
eligibility for a license. | 18 |
| Anyone failing to pass said examination
shall not again | 19 |
| practice physical therapy until such time as an examination
| 20 |
| has been successfully passed by such person.
| 21 |
| (3) The practice of physical
therapy for a period not | 22 |
| exceeding 6 months by a person who is in this State
on a | 23 |
| temporary basis to assist in a case of medical emergency or | 24 |
| to engage
in a special physical therapy project, and who | 25 |
| meets the qualifications
for a physical therapist as set | 26 |
| forth in Sections 7 and 8 of this Act and
is licensed in |
|
|
|
09600SB2016ham001 |
- 78 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| another state as a physical therapist.
| 2 |
| (4) Practice of physical
therapy by qualified persons | 3 |
| who have filed for endorsement for no longer
than one year | 4 |
| or until such time that notification of licensure has been
| 5 |
| granted or denied, whichever period of time is lesser.
| 6 |
| (5) One or more
licensed physical therapists from | 7 |
| forming a professional service
corporation under the | 8 |
| provisions of the "Professional Service Corporation
Act", | 9 |
| approved September 15, 1969, as now or hereafter amended, | 10 |
| and
licensing such corporation for the practice of physical | 11 |
| therapy.
| 12 |
| (6) Physical therapy aides from performing patient | 13 |
| care activities under
the
on-site supervision of a licensed | 14 |
| physical therapist or licensed physical
therapist | 15 |
| assistant. These patient care activities shall not include
| 16 |
| interpretation of referrals, evaluation procedures, the | 17 |
| planning of or
major modifications of, patient programs.
| 18 |
| (7) Physical Therapist
Assistants from performing | 19 |
| patient care activities under the general
supervision of a | 20 |
| licensed physical therapist. The physical therapist must
| 21 |
| maintain continual contact with the physical therapist | 22 |
| assistant including
periodic personal supervision and | 23 |
| instruction to insure the safety and
welfare of the | 24 |
| patient.
| 25 |
| (8) The practice of physical therapy by a physical
| 26 |
| therapy student or a physical therapist assistant student |
|
|
|
09600SB2016ham001 |
- 79 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| under the on-site supervision of a licensed physical | 2 |
| therapist.
The physical therapist shall be readily | 3 |
| available for direct supervision
and instruction to insure | 4 |
| the safety and welfare of the patient.
| 5 |
| (9) The
practice of physical therapy as part of an | 6 |
| educational program by a
physical therapist licensed in | 7 |
| another state or country for a period not to
exceed 6 | 8 |
| months.
| 9 |
| (10) The practice, services, or activities of persons | 10 |
| practicing the specified occupations set forth in | 11 |
| subsection (a) of, and pursuant to a licensing exemption | 12 |
| granted in subsection (b) or (d) of, Section 2105-350 of | 13 |
| the Department of Professional Regulation Law of the Civil | 14 |
| Administrative Code of Illinois, but only for so long as | 15 |
| the 2016 Olympic and Paralympic Games Professional | 16 |
| Licensure Exemption Law is operable. | 17 |
| (Source: P.A. 93-1010, eff. 8-24-04 .)
| 18 |
| Section 20-45. The Physician Assistant Practice Act of 1987 | 19 |
| is amended by changing Section 5 as follows:
| 20 |
| (225 ILCS 95/5) (from Ch. 111, par. 4605)
| 21 |
| (Section scheduled to be repealed on January 1, 2018)
| 22 |
| Sec. 5. This Act does not prohibit:
| 23 |
| 1. Any person licensed in this State under any other Act | 24 |
| from engaging
in the practice for which he is licensed;
|
|
|
|
09600SB2016ham001 |
- 80 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| 2. The practice as a physician assistant by a person who is | 2 |
| employed
by the United States government or any bureau, | 3 |
| division or agency thereof
while in the discharge of the | 4 |
| employee's official duties;
| 5 |
| 3. The practice as a physician assistant which is included | 6 |
| in their
program of study by students enrolled in schools or in | 7 |
| refresher courses
approved by the Department.
| 8 |
| 4. The practice, services, or activities of persons | 9 |
| practicing the specified occupations set forth in subsection | 10 |
| (a) of, and pursuant to a licensing exemption granted in | 11 |
| subsection (b) or (d) of, Section 2105-350 of the Department of | 12 |
| Professional 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. 85-1209 .)
| 17 |
| Section 20-50. The Veterinary Medicine and Surgery | 18 |
| Practice Act of 2004 is amended by changing Section 4 as | 19 |
| follows:
| 20 |
| (225 ILCS 115/4) (from Ch. 111, par. 7004)
| 21 |
| (Section scheduled to be repealed on January 1, 2014)
| 22 |
| Sec. 4. Exemptions. Nothing in this Act shall apply to any | 23 |
| of the
following:
| 24 |
| (1) Veterinarians employed by the federal or State |
|
|
|
09600SB2016ham001 |
- 81 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| government while
engaged in their official duties.
| 2 |
| (2) Licensed veterinarians from other states who are | 3 |
| invited to Illinois
for consultation or lecturing.
| 4 |
| (3) Veterinarians employed by colleges or universities | 5 |
| while engaged in
the performance of their official duties, | 6 |
| or
faculty engaged in animal husbandry or animal management | 7 |
| programs of colleges
or universities.
| 8 |
| (4) A veterinarian employed by an accredited college of | 9 |
| veterinary
medicine providing assistance requested by a | 10 |
| veterinarian licensed in Illinois,
acting with informed | 11 |
| consent from the client and acting under the direct or
| 12 |
| indirect supervision and control of the licensed | 13 |
| veterinarian. Providing
assistance involves hands-on | 14 |
| active participation in the treatment and care of
the | 15 |
| patient. The licensed veterinarian shall maintain | 16 |
| responsibility for the
veterinarian-client-patient | 17 |
| relationship.
| 18 |
| (5) Veterinary students in an accredited
college, | 19 |
| university,
department
of a university, or other | 20 |
| institution of veterinary medicine and surgery
engaged in | 21 |
| duties assigned by their
instructors.
| 22 |
| (6) Any person engaged in bona fide scientific research | 23 |
| which
requires
the use of animals.
| 24 |
| (7) An owner of livestock and any of the owner's | 25 |
| employees or the owner
and employees of a service and care | 26 |
| provider of livestock caring for and
treating livestock |
|
|
|
09600SB2016ham001 |
- 82 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| belonging to the owner or under a provider's care, | 2 |
| including
but not limited to, the performance of husbandry | 3 |
| and livestock management
practices such as dehorning, | 4 |
| castration, emasculation, or docking of cattle,
horses, | 5 |
| sheep, goats, and swine, artificial insemination, and | 6 |
| drawing of semen.
Nor shall this Act be construed to | 7 |
| prohibit any person from administering in a
humane manner | 8 |
| medicinal or surgical treatment to any livestock in the | 9 |
| care
of such person. However, any such services shall | 10 |
| comply with the Humane Care
for Animals Act.
| 11 |
| (8) An owner of an animal, or an agent of the owner | 12 |
| acting with the
owner's approval, in caring for, training, | 13 |
| or treating an animal belonging to
the owner, so long as | 14 |
| that individual or agent does not represent himself or
| 15 |
| herself as a veterinarian or use any title associated with | 16 |
| the practice of
veterinary medicine or surgery or diagnose, | 17 |
| prescribe drugs, or perform
surgery. The agent shall | 18 |
| provide the owner with a written statement
summarizing the | 19 |
| nature of the services provided and obtain a signed
| 20 |
| acknowledgment from the owner that they accept the services | 21 |
| provided. The
services shall comply with the Humane Care | 22 |
| for Animals Act. The provisions of
this item (8) do not | 23 |
| apply to a person who is exempt under item (7).
| 24 |
| (9) A member in good standing of another licensed or | 25 |
| regulated profession
within any state or a member of an | 26 |
| organization or group approved by the
Department by rule |
|
|
|
09600SB2016ham001 |
- 83 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| providing assistance requested by a veterinarian
licensed | 2 |
| in this State acting with informed consent from the client | 3 |
| and acting
under the direct or indirect supervision and | 4 |
| control of the licensed
veterinarian. Providing assistance | 5 |
| involves hands-on active participation in
the treatment | 6 |
| and care of the patient, as defined by rule. The licensed
| 7 |
| veterinarian shall maintain responsibility for the | 8 |
| veterinarian-client-patient
relationship.
| 9 |
| (10) A graduate of a non-accredited college of | 10 |
| veterinary medicine who is
in
the process of obtaining a | 11 |
| certificate of educational equivalence and is
performing | 12 |
| duties or actions assigned by instructors in an approved | 13 |
| college of
veterinary medicine.
| 14 |
| (11) A certified euthanasia technician who is | 15 |
| authorized to perform
euthanasia in the course and scope of | 16 |
| his or her employment.
| 17 |
| (12) A person who, without expectation of | 18 |
| compensation, provides emergency
veterinary care in an | 19 |
| emergency or disaster situation so long as he or she does
| 20 |
| not represent himself or herself as a veterinarian or use a | 21 |
| title or degree
pertaining to the practice of veterinary | 22 |
| medicine and surgery.
| 23 |
| (13) An employee of a licensed
veterinarian performing | 24 |
| duties other than diagnosis, prognosis, prescription,
or | 25 |
| surgery under the direction and supervision of the | 26 |
| veterinarian, who shall
be responsible for the performance |
|
|
|
09600SB2016ham001 |
- 84 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| of the employee.
| 2 |
| (14) An approved humane investigator regulated under | 3 |
| the Humane Care for
Animals Act or employee of a shelter | 4 |
| licensed under the Animal Welfare Act,
working under the | 5 |
| indirect supervision of a licensed veterinarian.
| 6 |
| (15) An individual providing equine dentistry services | 7 |
| requested by a
veterinarian licensed to practice in this | 8 |
| State, an owner, or an owner's agent.
For the purposes of | 9 |
| this item (15), "equine dentistry services" means floating
| 10 |
| teeth without the use of drugs or extraction.
| 11 |
| (16) Private treaty sale of animals unless otherwise | 12 |
| provided by law.
| 13 |
| (17) Persons or entities practicing the specified | 14 |
| occupations set forth in subsection (a) of, and pursuant to | 15 |
| a licensing exemption granted in subsection (b) or (d) of, | 16 |
| Section 2105-350 of the Department of Professional | 17 |
| Regulation Law of the Civil Administrative Code of | 18 |
| Illinois, but only for so long as the 2016 Olympic and | 19 |
| Paralympic Games Professional Licensure Exemption Law is | 20 |
| operable. | 21 |
| (Source: P.A. 92-449, eff. 1-1-02; 93-281, eff. 12-31-03.)
| 22 |
| ARTICLE 25. | 23 |
| Section 25-1. Article title. This Article may be cited as | 24 |
| the Illinois 2016 Olympic and Paralympic Games Shooting |
|
|
|
09600SB2016ham001 |
- 85 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| Competition Exemption Law. | 2 |
| Section 25-5. Purpose. It is the intent of the Legislature | 3 |
| in enacting this Article to ensure that competitive shooting | 4 |
| athletes may bring into the State, possess, transport, and use | 5 |
| competition firearms that are sanctioned by the International | 6 |
| Olympic Committee, the International Paralympic Committee, the | 7 |
| International Shooting Sport Federation (the international | 8 |
| governing body for shooting competitions), or USA Shooting (the | 9 |
| national governing body for Olympic shooting sports in the | 10 |
| United States) in connection with the athletes' participation | 11 |
| in official shooting competitions at the 2016 Olympic and | 12 |
| Paralympic Games and sanctioned test events leading up to the | 13 |
| 2016 Olympic and Paralympic Games should the City of Chicago be | 14 |
| selected to host the 2016 Olympic and Paralympic Games. These | 15 |
| provisions only have the effect of allowing possession of, | 16 |
| transport of, and use of, firearms for Olympic-style shooting | 17 |
| by athletes in such competitions, without affecting other | 18 |
| firearms regulated under existing law. | 19 |
| Section 25-10. The Firearm Owners Identification Card Act | 20 |
| is amended by changing Section 2 as follows:
| 21 |
| (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 22 |
| Sec. 2. Firearm Owner's Identification Card required; | 23 |
| exceptions.
|
|
|
|
09600SB2016ham001 |
- 86 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (a) (1) No person may acquire or possess any firearm, stun | 2 |
| gun, or taser within this State
without having in his or | 3 |
| her possession a Firearm Owner's Identification Card
| 4 |
| previously issued in his or her name by the Department of | 5 |
| State Police under
the provisions of this Act.
| 6 |
| (2) No person may acquire or possess firearm ammunition | 7 |
| within this
State without having in his or her possession a | 8 |
| Firearm Owner's Identification
Card previously issued in | 9 |
| his or her name by the Department of State Police
under the | 10 |
| provisions of this Act.
| 11 |
| (b) The provisions of this Section regarding the possession | 12 |
| of firearms, firearm ammunition, stun guns, and tasers do not | 13 |
| apply to:
| 14 |
| (1) United States Marshals, while engaged in the | 15 |
| operation of their
official duties;
| 16 |
| (2) Members of the Armed Forces of the United States or | 17 |
| the National
Guard, while engaged in the operation of their | 18 |
| official duties;
| 19 |
| (3) Federal officials required to carry firearms, | 20 |
| while engaged in the
operation of their official duties;
| 21 |
| (4) Members of bona fide veterans organizations which | 22 |
| receive firearms
directly from the armed forces of the | 23 |
| United States, while using the
firearms for ceremonial | 24 |
| purposes with blank ammunition;
| 25 |
| (5) Nonresident hunters during hunting season, with | 26 |
| valid nonresident
hunting licenses and while in an area |
|
|
|
09600SB2016ham001 |
- 87 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| where hunting is permitted; however,
at all other times and | 2 |
| in all other places these persons must have their
firearms | 3 |
| unloaded and enclosed in a case;
| 4 |
| (6) Those hunters exempt from obtaining a hunting | 5 |
| license who are
required to submit their Firearm Owner's | 6 |
| Identification Card when hunting
on Department of Natural | 7 |
| Resources owned or managed sites;
| 8 |
| (7) Nonresidents while on a firing or shooting range | 9 |
| recognized by the
Department of State Police; however, | 10 |
| these persons must at all other times
and in all other | 11 |
| places have their firearms unloaded and enclosed in a case;
| 12 |
| (8) Nonresidents while at a firearm showing or display | 13 |
| recognized by
the Department of State Police; however, at | 14 |
| all other times and in all
other places these persons must | 15 |
| have their firearms unloaded and enclosed
in a case;
| 16 |
| (9) Nonresidents whose firearms are unloaded and | 17 |
| enclosed in a case;
| 18 |
| (10) Nonresidents who are currently licensed or | 19 |
| registered to possess a
firearm in their resident state;
| 20 |
| (11) Unemancipated minors while in the custody and | 21 |
| immediate control of
their parent or legal guardian or | 22 |
| other person in loco parentis to the
minor if the parent or | 23 |
| legal guardian or other person in loco parentis to
the | 24 |
| minor has a currently valid Firearm Owner's Identification
| 25 |
| Card;
| 26 |
| (12) Color guards of bona fide veterans organizations |
|
|
|
09600SB2016ham001 |
- 88 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| or members of bona
fide American Legion bands while using | 2 |
| firearms for ceremonial purposes
with blank ammunition;
| 3 |
| (13) Nonresident hunters whose state of residence does | 4 |
| not require
them to be licensed or registered to possess a | 5 |
| firearm and only during
hunting season, with valid hunting | 6 |
| licenses, while accompanied by, and
using a firearm owned | 7 |
| by, a person who possesses a valid Firearm Owner's
| 8 |
| Identification Card and while in an area within a | 9 |
| commercial club licensed
under the Wildlife Code where | 10 |
| hunting is permitted and controlled, but in
no instance | 11 |
| upon sites owned or managed by the Department of Natural
| 12 |
| Resources;
| 13 |
| (14) Resident hunters who are properly authorized to | 14 |
| hunt and,
while accompanied by a person who possesses a | 15 |
| valid Firearm Owner's
Identification Card, hunt in an area | 16 |
| within a commercial club licensed
under the Wildlife Code | 17 |
| where hunting is permitted and controlled; and
| 18 |
| (15) A person who is otherwise eligible to obtain a | 19 |
| Firearm Owner's
Identification Card under this Act and is | 20 |
| under the direct supervision of a
holder of a Firearm
| 21 |
| Owner's Identification Card who is 21 years of age or older | 22 |
| while the person is
on a firing or shooting range
or is a
| 23 |
| participant in a firearms safety and training course | 24 |
| recognized by a law
enforcement agency or a national, | 25 |
| statewide shooting sports organization ; and .
| 26 |
| (16) Competitive shooting athletes whose competition |
|
|
|
09600SB2016ham001 |
- 89 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| firearms are sanctioned by the International Olympic | 2 |
| Committee, the International Paralympic Committee, the | 3 |
| International Shooting Sport Federation, or USA Shooting | 4 |
| in connection with such athletes' training for and | 5 |
| participation in shooting competitions at the 2016 Olympic | 6 |
| and Paralympic Games and sanctioned test events leading up | 7 |
| to the 2016 Olympic and Paralympic Games. | 8 |
| (c) The provisions of this Section regarding the | 9 |
| acquisition and possession
of firearms, firearm ammunition, | 10 |
| stun guns, and tasers do not apply to law enforcement officials
| 11 |
| of this or any other jurisdiction, while engaged in the | 12 |
| operation of their
official duties.
| 13 |
| (Source: P.A. 94-6, eff. 1-1-06.)
| 14 |
| Section 25-15. The Criminal Code of 1961 is amended by | 15 |
| changing Section 24-2 as follows:
| 16 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| 17 |
| Sec. 24-2. Exemptions.
| 18 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 19 |
| 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 20 |
| the following:
| 21 |
| (1) Peace officers, and any person summoned by a peace | 22 |
| officer to
assist in making arrests or preserving the | 23 |
| peace, while actually engaged in
assisting such officer.
| 24 |
| (2) Wardens, superintendents and keepers of prisons,
|
|
|
|
09600SB2016ham001 |
- 90 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| penitentiaries, jails and other institutions for the | 2 |
| detention of persons
accused or convicted of an offense, | 3 |
| while in the performance of their
official duty, or while | 4 |
| commuting between their homes and places of employment.
| 5 |
| (3) Members of the Armed Services or Reserve Forces of | 6 |
| the United States
or the Illinois National Guard or the | 7 |
| Reserve Officers Training Corps,
while in the performance | 8 |
| of their official duty.
| 9 |
| (4) Special agents employed by a railroad or a public | 10 |
| utility to
perform police functions, and guards of armored | 11 |
| car companies, while
actually engaged in the performance of | 12 |
| the duties of their employment or
commuting between their | 13 |
| homes and places of employment; and watchmen
while actually | 14 |
| engaged in the performance of the duties of their | 15 |
| employment.
| 16 |
| (5) Persons licensed as private security contractors, | 17 |
| private
detectives, or private alarm contractors, or | 18 |
| employed by an agency
certified by the Department of | 19 |
| Professional Regulation, if their duties
include the | 20 |
| carrying of a weapon under the provisions of the Private
| 21 |
| Detective, Private Alarm,
Private Security, Fingerprint | 22 |
| Vendor, and Locksmith Act of 2004,
while actually
engaged | 23 |
| in the performance of the duties of their employment or | 24 |
| commuting
between their homes and places of employment, | 25 |
| provided that such commuting
is accomplished within one | 26 |
| hour from departure from home or place of
employment, as |
|
|
|
09600SB2016ham001 |
- 91 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| the case may be. Persons exempted under this subdivision
| 2 |
| (a)(5) shall be required to have completed a course of
| 3 |
| study in firearms handling and training approved and | 4 |
| supervised by the
Department of Professional Regulation as | 5 |
| prescribed by Section 28 of the
Private Detective, Private | 6 |
| Alarm,
Private Security, Fingerprint Vendor, and Locksmith | 7 |
| Act of 2004, prior
to becoming eligible for this exemption. | 8 |
| The Department of Professional
Regulation shall provide | 9 |
| suitable documentation demonstrating the
successful | 10 |
| completion of the prescribed firearms training. Such
| 11 |
| documentation shall be carried at all times when such | 12 |
| persons are in
possession of a concealable weapon.
| 13 |
| (6) Any person regularly employed in a commercial or | 14 |
| industrial
operation as a security guard for the protection | 15 |
| of persons employed
and private property related to such | 16 |
| commercial or industrial
operation, while actually engaged | 17 |
| in the performance of his or her
duty or traveling between | 18 |
| sites or properties belonging to the
employer, and who, as | 19 |
| a security guard, is a member of a security force of
at | 20 |
| least 5 persons registered with the Department of | 21 |
| Professional
Regulation; provided that such security guard | 22 |
| has successfully completed a
course of study, approved by | 23 |
| and supervised by the Department of
Professional | 24 |
| Regulation, consisting of not less than 40 hours of | 25 |
| training
that includes the theory of law enforcement, | 26 |
| liability for acts, and the
handling of weapons. A person |
|
|
|
09600SB2016ham001 |
- 92 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| shall be considered eligible for this
exemption if he or | 2 |
| she has completed the required 20
hours of training for a | 3 |
| security officer and 20 hours of required firearm
training, | 4 |
| and has been issued a firearm control card by
the | 5 |
| Department of Professional Regulation. Conditions for the | 6 |
| renewal of
firearm control cards issued under the | 7 |
| provisions of this Section
shall be the same as for those | 8 |
| cards issued under the provisions of the
Private Detective, | 9 |
| Private Alarm,
Private Security, Fingerprint Vendor, and | 10 |
| Locksmith Act of 2004. Such
firearm control card shall be | 11 |
| carried by the security guard at all
times when he or she | 12 |
| is in possession of a concealable weapon.
| 13 |
| (7) Agents and investigators of the Illinois | 14 |
| Legislative Investigating
Commission authorized by the | 15 |
| Commission to carry the weapons specified in
subsections | 16 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 17 |
| any investigation for the Commission.
| 18 |
| (8) Persons employed by a financial institution for the | 19 |
| protection of
other employees and property related to such | 20 |
| financial institution, while
actually engaged in the | 21 |
| performance of their duties, commuting between
their homes | 22 |
| and places of employment, or traveling between sites or
| 23 |
| properties owned or operated by such financial | 24 |
| institution, provided that
any person so employed has | 25 |
| successfully completed a course of study,
approved by and | 26 |
| supervised by the Department of Professional Regulation,
|
|
|
|
09600SB2016ham001 |
- 93 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| consisting of not less than 40 hours of training which | 2 |
| includes theory of
law enforcement, liability for acts, and | 3 |
| the handling of weapons.
A person shall be considered to be | 4 |
| eligible for this exemption if he or
she has completed the | 5 |
| required 20 hours of training for a security officer
and 20 | 6 |
| hours of required firearm training, and has been issued a
| 7 |
| firearm control card by the Department of Professional | 8 |
| Regulation.
Conditions for renewal of firearm control | 9 |
| cards issued under the
provisions of this Section shall be | 10 |
| the same as for those issued under the
provisions of the | 11 |
| Private Detective, Private Alarm,
Private Security, | 12 |
| Fingerprint Vendor, and Locksmith Act of 2004.
Such firearm | 13 |
| control card shall be carried by the person so
trained at | 14 |
| all times when such person is in possession of a | 15 |
| concealable
weapon. For purposes of this subsection, | 16 |
| "financial institution" means a
bank, savings and loan | 17 |
| association, credit union or company providing
armored car | 18 |
| services.
| 19 |
| (9) Any person employed by an armored car company to | 20 |
| drive an armored
car, while actually engaged in the | 21 |
| performance of his duties.
| 22 |
| (10) Persons who have been classified as peace officers | 23 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 24 |
| (11) Investigators of the Office of the State's | 25 |
| Attorneys Appellate
Prosecutor authorized by the board of | 26 |
| governors of the Office of the
State's Attorneys Appellate |
|
|
|
09600SB2016ham001 |
- 94 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 2 |
| State's Attorneys Appellate Prosecutor's Act.
| 3 |
| (12) Special investigators appointed by a State's | 4 |
| Attorney under
Section 3-9005 of the Counties Code.
| 5 |
| (12.5) Probation officers while in the performance of | 6 |
| their duties, or
while commuting between their homes, | 7 |
| places of employment or specific locations
that are part of | 8 |
| their assigned duties, with the consent of the chief judge | 9 |
| of
the circuit for which they are employed.
| 10 |
| (13) Court Security Officers while in the performance | 11 |
| of their official
duties, or while commuting between their | 12 |
| homes and places of employment, with
the
consent of the | 13 |
| Sheriff.
| 14 |
| (13.5) A person employed as an armed security guard at | 15 |
| a nuclear energy,
storage, weapons or development site or | 16 |
| facility regulated by the Nuclear
Regulatory Commission | 17 |
| who has completed the background screening and training
| 18 |
| mandated by the rules and regulations of the Nuclear | 19 |
| Regulatory Commission.
| 20 |
| (14) Manufacture, transportation, or sale of weapons | 21 |
| to
persons
authorized under subdivisions (1) through | 22 |
| (13.5) of this
subsection
to
possess those weapons.
| 23 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 24 |
| 24-1.6 do not
apply to or affect
any of the following:
| 25 |
| (1) Members of any club or organization organized for | 26 |
| the purpose of
practicing shooting at targets upon |
|
|
|
09600SB2016ham001 |
- 95 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| established target ranges, whether
public or private, and | 2 |
| patrons of such ranges, while such members
or patrons are | 3 |
| using their firearms on those target ranges.
| 4 |
| (2) Duly authorized military or civil organizations | 5 |
| while parading,
with the special permission of the | 6 |
| Governor.
| 7 |
| (3) Hunters, trappers or fishermen with a license or
| 8 |
| permit while engaged in hunting,
trapping or fishing.
| 9 |
| (4) Transportation of weapons that are broken down in a
| 10 |
| non-functioning state or are not immediately accessible.
| 11 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 12 |
| of the
following:
| 13 |
| (1) Peace officers while in performance of their | 14 |
| official duties.
| 15 |
| (2) Wardens, superintendents and keepers of prisons, | 16 |
| penitentiaries,
jails and other institutions for the | 17 |
| detention of persons accused or
convicted of an offense.
| 18 |
| (3) Members of the Armed Services or Reserve Forces of | 19 |
| the United States
or the Illinois National Guard, while in | 20 |
| the performance of their official
duty.
| 21 |
| (4) Manufacture, transportation, or sale of machine | 22 |
| guns to persons
authorized under subdivisions (1) through | 23 |
| (3) of this subsection to
possess machine guns, if the | 24 |
| machine guns are broken down in a
non-functioning state or | 25 |
| are not immediately accessible.
| 26 |
| (5) Persons licensed under federal law to manufacture |
|
|
|
09600SB2016ham001 |
- 96 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| any weapon from
which 8 or more shots or bullets can be | 2 |
| discharged by a
single function of the firing device, or | 3 |
| ammunition for such weapons, and
actually engaged in the | 4 |
| business of manufacturing such weapons or
ammunition, but | 5 |
| only with respect to activities which are within the lawful
| 6 |
| scope of such business, such as the manufacture, | 7 |
| transportation, or testing
of such weapons or ammunition. | 8 |
| This exemption does not authorize the
general private | 9 |
| possession of any weapon from which 8 or more
shots or | 10 |
| bullets can be discharged by a single function of the | 11 |
| firing
device, but only such possession and activities as | 12 |
| are within the lawful
scope of a licensed manufacturing | 13 |
| business described in this paragraph.
| 14 |
| During transportation, such weapons shall be broken | 15 |
| down in a
non-functioning state or not immediately | 16 |
| accessible.
| 17 |
| (6) The manufacture, transport, testing, delivery, | 18 |
| transfer or sale,
and all lawful commercial or experimental | 19 |
| activities necessary thereto, of
rifles, shotguns, and | 20 |
| weapons made from rifles or shotguns,
or ammunition for | 21 |
| such rifles, shotguns or weapons, where engaged in
by a | 22 |
| person operating as a contractor or subcontractor pursuant | 23 |
| to a
contract or subcontract for the development and supply | 24 |
| of such rifles,
shotguns, weapons or ammunition to the | 25 |
| United States government or any
branch of the Armed Forces | 26 |
| of the United States, when such activities are
necessary |
|
|
|
09600SB2016ham001 |
- 97 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| and incident to fulfilling the terms of such contract.
| 2 |
| The exemption granted under this subdivision (c)(6)
| 3 |
| shall also apply to any authorized agent of any such | 4 |
| contractor or
subcontractor who is operating within the | 5 |
| scope of his employment, where
such activities involving | 6 |
| such weapon, weapons or ammunition are necessary
and | 7 |
| incident to fulfilling the terms of such contract.
| 8 |
| During transportation, any such weapon shall be broken | 9 |
| down in a
non-functioning state, or not immediately | 10 |
| accessible.
| 11 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, | 12 |
| possession
or carrying of a black-jack or slung-shot by a peace | 13 |
| officer.
| 14 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, | 15 |
| manager or
authorized employee of any place specified in that | 16 |
| subsection nor to any
law enforcement officer.
| 17 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 18 |
| Section 24-1.6
do not apply
to members of any club or | 19 |
| organization organized for the purpose of practicing
shooting | 20 |
| at targets upon established target ranges, whether public or | 21 |
| private,
while using their firearms on those target ranges.
| 22 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 23 |
| to:
| 24 |
| (1) Members of the Armed Services or Reserve Forces of | 25 |
| the United
States or the Illinois National Guard, while in | 26 |
| the performance of their
official duty.
|
|
|
|
09600SB2016ham001 |
- 98 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| (2) Bonafide collectors of antique or surplus military | 2 |
| ordinance.
| 3 |
| (3) Laboratories having a department of forensic | 4 |
| ballistics, or
specializing in the development of | 5 |
| ammunition or explosive ordinance.
| 6 |
| (4) Commerce, preparation, assembly or possession of | 7 |
| explosive
bullets by manufacturers of ammunition licensed | 8 |
| by the federal government,
in connection with the supply of | 9 |
| those organizations and persons exempted
by subdivision | 10 |
| (g)(1) of this Section, or like organizations and persons
| 11 |
| outside this State, or the transportation of explosive | 12 |
| bullets to any
organization or person exempted in this | 13 |
| Section by a common carrier or by a
vehicle owned or leased | 14 |
| by an exempted manufacturer.
| 15 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 16 |
| persons licensed
under federal law to manufacture any device or | 17 |
| attachment of any kind designed,
used, or intended for use in | 18 |
| silencing the report of any firearm, firearms, or
ammunition
| 19 |
| for those firearms equipped with those devices, and actually | 20 |
| engaged in the
business of manufacturing those devices, | 21 |
| firearms, or ammunition, but only with
respect to
activities | 22 |
| that are within the lawful scope of that business, such as the
| 23 |
| manufacture, transportation, or testing of those devices, | 24 |
| firearms, or
ammunition. This
exemption does not authorize the | 25 |
| general private possession of any device or
attachment of any | 26 |
| kind designed, used, or intended for use in silencing the
|
|
|
|
09600SB2016ham001 |
- 99 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| report of any firearm, but only such possession and activities | 2 |
| as are within
the
lawful scope of a licensed manufacturing | 3 |
| business described in this subsection
(g-5). During | 4 |
| transportation, those devices shall be detached from any weapon
| 5 |
| or
not immediately accessible.
| 6 |
| (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 7 |
| 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 8 |
| athlete's possession, transport on official Olympic and | 9 |
| Paralympic transit systems established for athletes, or use of | 10 |
| competition firearms sanctioned by the International Olympic | 11 |
| Committee, the International Paralympic Committee, the | 12 |
| International Shooting Sport Federation, or USA Shooting in | 13 |
| connection with such athlete's training for and participation | 14 |
| in shooting competitions at the 2016 Olympic and Paralympic | 15 |
| Games and sanctioned test events leading up to the 2016 Olympic | 16 |
| and Paralympic Games. | 17 |
| (h) An information or indictment based upon a violation of | 18 |
| any
subsection of this Article need not negative any exemptions | 19 |
| contained in
this Article. The defendant shall have the burden | 20 |
| of proving such an
exemption.
| 21 |
| (i) Nothing in this Article shall prohibit, apply to, or | 22 |
| affect
the transportation, carrying, or possession, of any | 23 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 24 |
| to a common carrier operating
under license of the State of | 25 |
| Illinois or the federal government, where
such transportation, | 26 |
| carrying, or possession is incident to the lawful
|
|
|
|
09600SB2016ham001 |
- 100 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| transportation in which such common carrier is engaged; and | 2 |
| nothing in this
Article shall prohibit, apply to, or affect the | 3 |
| transportation, carrying,
or possession of any pistol, | 4 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 5 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 6 |
| this Article, which is unloaded and enclosed in a case, firearm
| 7 |
| carrying box, shipping box, or other container, by the | 8 |
| possessor of a valid
Firearm Owners Identification Card.
| 9 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | 10 |
| 95-885, eff. 1-1-09.)
| 11 |
| Section 25-20. 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 2016 Olympic and Paralympic Games, | 15 |
| then this Article is inoperable upon that termination;
| 16 |
| (b) if the International Olympic Committee does not select | 17 |
| the City of Chicago as the host city for the 2016 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 2016 Olympic and Paralympic Games on or before December 1, | 22 |
| 2009, then this Article is inoperable on and after June 30, | 23 |
| 2017. | 24 |
| ARTICLE 99.
|
|
|
|
09600SB2016ham001 |
- 101 - |
LRB096 11410 RCE 24010 a |
|
| 1 |
| Section 99-99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|