Who sponsors SB 2016?

SB 2016 is sponsored by Kwame Raoul, Marlow H. Colvin, Deborah L. Graham, David E. Miller, Robert "Bob" Rita (Democrat), Anthony DeLuca (Democrat), Al Riley, Patricia R. Bellock, Kenneth Dunkin, Maria Antonia Berrios, Luis Arroyo, and Lakesia Collins (Democrat).

Where can I track SB 2016?

Track SB 2016 free on One Click Politics — get push/email alerts when it moves.

Illinois 96th Regular Session Status: Enacted 3 D cosponsors

SB 2016 — OLYMPIC GAMES-TECH

Last action April 03, 2009 — Public Act . . . . . . . . . 96-0007

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Introduced
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In Committee
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Passed Senate
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Passed House
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To Executive
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Enacted

This bill has been enacted into law. Introduced February 20, 2009. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
12 sponsors

0 primary, 12 co-sponsors signed on.
Single-party support

Sponsorship is currently within one party (3 D).
Cleared a recorded vote

Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the 2016 Olympic Games Act. Contains only a short title provision.

Bill Text

What changed in the latest version

2628 added · 3 removed

Plain-language change summary

The bill SB 2016 has been updated to include the full title "Olympic and Paralympic Games Act" instead of just "Olympic Games Act." Additionally, it now specifically names Chicago as the candidate city for hosting the 2016 Olympics and details the roles of the bid committee and competition venues. These changes are important because they clarify the scope of the bill, recognizing both the Olympic and Paralympic events, and formally designate Chicago's role in the bidding process.

SB2016 ~~Engrossed~~Enrolled LRB096 11410 RCE 21876 b AN ACT concerning the Olympic Games.

~~Section~~ARTICLE 1.

Section 1-1.

This Act may be cited as the 2016 Olympic and Paralympic Games Act.

ARTICLE 5.

Section 5-1.

Article title.

This Article may be cited as the Olympic Games and Paralympic Games (2016) Law.

Section 5-5.

Definitions.

For purposes of this Article:

"Bid committee" means Chicago 2016, a local organizing committee that has been incorporated as a not-for-profit corporation, that is authorized by the candidate city to submit a bid on the candidate city's behalf to the IOC for selection as the host city for the games, and that may serve as (or help form) the OCOG if the candidate city is selected as the host city for the games.

"Candidate city" means the City of Chicago, which has been selected as a candidate by the IOC to be host city of the games.

SB2016 Enrolled - 2 - LRB096 11410 RCE 21876 b "Competition venues" means, collectively, the venues or facilities to be used for competition and related activities (including, without limitation, training activities) for the games as may be determined by the IOC, the USOC, or the OCOG or the candidate city.

"Games" means the 2016 Olympic and Paralympic Games.

"Governor" means the Governor of Illinois.

"IOC" means the International Olympic Committee.

"IPC" means the International Paralympic Committee.

"Net financial deficit" means any financial deficit of the OCOG or resulting from the conduct of the games.

"Non-competition venues" means, collectively, the venues or facilities to be used for non-competition activities (including, without limitation, live sites, hospitality sites, and administrative and operational offices) for the games as determined by the OCOG or the candidate city, or both, and subject to the reasonable approval of the State.

"OCOG" means the bid committee, as the same may be reorganized or reconstituted if the candidate city is selected as the host city for the games, or another not-for-profit corporation that serves as the organizing committee for the games and to be established by the candidate city and the bid committee.

"Olympic properties" means, collectively, (1) the properties on which the venues will be located and that are owned or controlled by the State and (2) the Olympic ancillary SB2016 Enrolled - 3 - LRB096 11410 RCE 21876 b properties.

"Olympic ancillary properties" means all public rights-of-ways or public areas that are owned or controlled by the State (or over which it has jurisdiction), including but not limited to streets, highways, sidewalks, alleys, waterways, parks, and bridges necessary and appropriate to the staging of the games as determined by the OCOG or the candidate city, or both, and subject to the reasonable approval of the State.

"State" means the State of Illinois.

"State indemnification obligation" means the obligation of the State to indemnify the IOC, IPC or USOC, or a combination of those entities, against claims of, and liabilities to, third parties relating to the games, as described in this Article.

"USOC" means the United States Olympic Committee.

"Venues" means, collectively, the competition venues and non-competition venues.

Section 5-10.

Governmental Cooperation.

(a) The State, in accordance with law and to the extent of the State's authority, and subject to the limitations of this Article:

(1) guarantees that the candidate city, working in partnership with the OCOG, shall be the primary and lead governmental authority for the planning, organization, and hosting of the games;

SB2016 Enrolled - 4 - LRB096 11410 RCE 21876 b (2) guarantees that the candidate city shall be the primary and lead governmental authority for the planning, organization, and delivery of public services specific to the games;

(3) guarantees that the State shall designate a representative (designated as a games liaison) to be the primary point of contact for the State to the candidate city and the OCOG for purposes of intergovernmental coordination in connection with the games;

(4) guarantees the State's respect of the Olympic Charter and the Host City Contract promulgated by the IOC;

(5) agrees that all representations, warranties, and covenants set forth in this Article as well as any written commitments made by the State regarding the games shall be binding on the State;

(6) guarantees that the State will take all necessary measures in order that it fulfill its obligations completely under this Article and any written commitments made by the State to the IOC;

(7) declares and confirms that no other important national or international meeting or event will take place in the vicinity of the venues during the period one week before through one week after the games;

(8) guarantees that all construction work necessary for the organization of the games within the State, to the extent permitted or authorized by the State, will comply SB2016 Enrolled - 5 - LRB096 11410 RCE 21876 b with (i) local, regional, and national environmental regulations and acts and (ii) international agreements and protocols to which the United States is a party regarding planning, construction, and protection of the environment;

(9) guarantees that it shall provide or cause to be provided all security, medical, and other government-related services that the State customarily provides for comparable large-scale events and that are necessary for the successful planning, organization, and staging of the portions of the games within the State, at no cost to the OCOG;

(10) agrees to take such action as may be required by law, and to be effective for the period not later than January 1, 2010 and through the end of the games, to suspend or waive the imposition and collection of fees and charges otherwise imposed and collected by or on behalf of the State for permits and licenses issued to the OCOG applicable to the design, development, construction, and operation or use of the venues and properties related to the games;

Show all 500 changed lines (460 more)

(11) agrees to cooperate with the candidate city, the bid committee and the OCOG, as well as local, regional, and national business, trade, and service organizations in order to promote and encourage, to the extent permitted by law, the charging of ordinary and customary prices for goods and services associated with the games within the SB2016 Enrolled - 6 - LRB096 11410 RCE 21876 b State (including, but not limited to, hotel rates, restaurants, and related services) for anyone attending the games, including non-accredited spectators;

(12) agrees that, if requested by the candidate city, the bid committee, or the OCOG, it shall permit any member of the General Assembly to introduce legislation necessary to:

(i) effectively reduce and sanction ambush marketing, (ii) eliminate illegal street vending during the period beginning 2 weeks before the games through the end of the games;

and (iii) control advertising space (including, but not limited to, billboards and advertising on public transport) as well as air space and that any such legislation will be introduced as soon as possible but no later than January 1, 2014;

(13) agrees that it shall not engage in any marketing, commercial, or signage program in relation to the games without the prior written consent of the IOC;

(14) agrees that it shall coordinate and cooperate with the candidate city and the OCOG concerning a "Look of the Games" program;

(15) agrees that it will cooperate with the OCOG and the candidate city (including any applicable candidate city commission) in preventing ambush marketing at the games within the State;

(16) agrees to enter into a binding option agreement with the bid committee or the OCOG to provide the OCOG with SB2016 Enrolled - 7 - LRB096 11410 RCE 21876 b the rights to any and all existing or hereafter developed outdoor commercial advertising space (including billboards) owned or controlled by the State and located within the vicinity of any Olympic properties, which agreement shall provide, among other things, that such advertising space will be available at the OCOG's option for a 12-week period encompassing the games at 2008 best commercial prices adjusted only for inflation;

(17) except as may be provided in any other agreement between the State and the candidate city, the bid committee, or the OCOG, agrees to make all of its non-competition and Olympic ancillary properties available at no cost to the OCOG;

(18) guarantees that the accessibility standards to be applied for the Paralympic Games shall include the Americans with Disabilities Act, the Fair Housing Act, the Illinois Environmental Barriers Act (and its implementing regulations, the Illinois Accessibility Code), and the Illinois Human Rights Act;

(19) shall cooperate with the OCOG to assure that accessibility will be fully integrated into the planning of the Paralympic Games comprising part of the games;

and (20) agrees to the formation and authority of the Chicago Olympic Public Safety Command.

(b) In the event of a conflict between any provision of this Act and any provision of any written commitments made by SB2016 Enrolled - 8 - LRB096 11410 RCE 21876 b the State regarding the games, this Act shall prevail and control as to the State.

(c) The bid committee and the OCOG shall provide any information reasonably requested by the State, with copies to the leaders of both houses of the General Assembly, to assist in reviewing the provisions of and performance under this Article.

(d) Nothing in this Article shall be construed as impairing the Governor's constitutional authority.

Section 5-15.

State indemnification obligation and net financial deficit.

(a) Solely through the funds contained in the Olympic Games and Paralympic Games Trust Fund created by this Article, the State shall be liable to the IOC, the IPC, and the USOC for:

(1) the State indemnification obligation;

and (2) any net financial deficit.

The State's liability for the State indemnification obligation and any net financial deficit shall be subject to the terms of this Section of this Article.

(b) The State shall not make any payments with respect to the State indemnification obligation or any net financial deficit until and after (i) all bid committee and all OCOG net operating revenues, surplus, reserves, contingencies, receivables, funds, and other available assets and security have been fully expended and (ii) the candidate city has first SB2016 Enrolled - 9 - LRB096 11410 RCE 21876 b paid at least $250,000,000 in the aggregate towards amounts that would give rise to a State indemnification obligation or a net financial deficit payment obligation on the State's part, or both.

(c) Any financial commitments of the State under this Section shall be satisfied exclusively by recourse to the Olympic Games and Paralympic Games Trust Fund.

(d) Any financial commitments of the State under this Section shall not exceed $250,000,000 in the aggregate.

Section 5-20.

Olympic Games and Paralympic Games Trust Fund.

(a) The Olympic Games and Paralympic Games Trust Fund is created as a special fund in the State Treasury.

(b) The State may choose to fund the Olympic Games and Paralympic Games Trust Fund in any manner it considers appropriate, and at such time or times the State determines necessary.

By the beginning of State fiscal year 2016, the State shall appropriate sums of money to the Olympic Games and Paralympic Games Trust Fund to provide security for the State indemnification obligation and the net financial deficit.

(c) The moneys in the Olympic Games and Paralympic Games Trust Fund may be used only for the sole purpose of fulfilling the obligations of the State pursuant to the State indemnification obligation and any net financial deficit.

For each dollar that is expended from the Olympic Games and SB2016 Enrolled - 10 - LRB096 11410 RCE 21876 b Paralympic Games Trust Fund, the State shall expend an equivalent amount of State funds for road projects outside of the county in which the candidate city is located.

(d) No additional State funds shall be deposited into the Olympic Games and Paralympic Games Trust Fund once the Governor determines that the fund has achieved, or is reasonably expected to otherwise accrue, a sufficient balance to provide adequate security, acceptable to the IOC, to demonstrate the State's ability to fulfill its obligations to satisfy the State indemnification obligation and any net financial deficit payment obligation.

(e) If the candidate city is selected as the host city for the games, the Olympic Games and Paralympic Games Trust Fund shall be maintained until a determination by the Governor is made that the State's obligations to satisfy the State indemnification obligation and to be liable for any net financial deficit are satisfied and concluded, at which time the fund shall be terminated.

(f) Upon the termination of the Olympic Games and Paralympic Games Trust Fund, all sums earmarked, transferred, or contained in the fund, along with any investment earnings retained in the fund, shall immediately revert to the General Revenue Fund.

Section 5-25.

Fund as security;

liability.

Any moneys deposited, transferred, or otherwise contained in the Olympic SB2016 Enrolled - 11 - LRB096 11410 RCE 21876 b Games and Paralympic Games Trust Fund shall be, upon appropriation by the General Assembly, used for the sole purpose of providing adequate security, acceptable to the IOC, to demonstrate the State's ability to satisfy its State indemnification obligation and to be liable for any net financial deficit.

The security may be provided by moneys contained in the Fund as provided in Section 5-20, or by insurance coverage, letters of credit, or other acceptable secured instruments purchased or secured by the moneys, or by any combination thereof.

Section 5-30.

Insurance.

The bid committee and the OCOG shall list the State and the candidate city as additional insureds on any policy of insurance purchased by the bid committee or the OCOG to be in effect in connection with the preparation for and conduct of the games.

Section 5-35.

Bid committee and OCOG responsibilities.

The bid committee and the OCOG may not engage in any conduct that reflects unfavorably upon the State, the candidate city, or the games, or that is contrary to law or to the rules and regulations of the IOC, IPC, or USOC.

Section 5-40.

Authority of the Governor.

Subject to the limitations of this Article, including but not limited to those contained in Section 5-15, the Governor, or his or her SB2016 Enrolled - 12 - LRB096 11410 RCE 21876 b designee, on behalf of the State, may execute such other agreements or contracts as may be required by the OCOG, the USOC, the IOC, or the IPC in connection with the candidate city and bid committee's bid to host the Games.

Section 5-42.

Diversity program.

(a) The OCOG shall establish and maintain a diversity program to ensure non-discrimination in the award of contracts by the OCOG and the administration of those contracts.

To the maximum extent permitted by law, the OCOG shall establish goals as part of the program of awarding not less than 25% of the annual dollar value of all contracts, purchase orders, or other agreements (collectively referred to as "the contracts") to minority owned businesses or businesses owned by a person with a disability, and 5% of the annual dollar value of the contracts to female owned businesses.

The subject of the contracts includes, but is not limited to, the purchase of professional services, construction services, supplies, materials, and equipment.

Recognizing that the planning, organization, and staging of the games is a unique undertaking, the goals established in this subsection shall exclude:

all contracts, purchase orders, or other agreements that (i) must be awarded to a specific source as a result of the OCOG's legal obligations to the USOC or IOC or its official tier 1, tier 2 or tier 3 sponsors, (ii) the OCOG awards to a unique or limited supplier of a product, equipment, or service required for the SB2016 Enrolled - 13 - LRB096 11410 RCE 21876 b games, or (iii) the payments under which are passed through to other constituencies involved in or attending the games (such as under the games accommodation program).

If, however, the OCOG awards any contracts, purchase orders, or other agreements described in items (i) through (iii) to a minority-owned business, business owned by a person with a disability, or a female-owned business, those contracts shall be considered towards the goals described in this subsection.

(b) For purposes of this Section, the terms "minority owned business", "business owned by a person with a disability", and "female owned business" have the meanings given to those terms in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act.

For purposes of meeting the goals of this Section, the State shall recognize OCOG contracts performed in the candidate city that are awarded to minority-owned business enterprises, business enterprises owned by persons with disabilities, or women-owned business enterprises, as those terms are defined in the municipal code of the candidate city.

(c) The OCOG shall establish and maintain a diversity program designed to promote equal employment opportunity with respect to its management and operations.

The program shall include a plan, including timetables, as appropriate, that specify goals and methods for increasing participation by women, minorities, and persons with disabilities in those employment opportunities.

SB2016 Enrolled - 14 - LRB096 11410 RCE 21876 b (d) Beginning on January 1, 2011, and each year thereafter until the completion of the games, the OCOG shall issue a written report to the Governor, President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, Minority Leader of the House of Representatives, mayor of the candidate city, and city council of the candidate city providing the number of respective employees who have designated themselves as members of a minority group, as persons with a disability, or as women.

The report shall also describe in detail the OCOG's compliance with the requirements of subsections (a) and (c) of this Section.

(e) The Diversity Program Commission is created to monitor, review, and report on minority, female, and persons with disabilities contracting and employment related to the planning, organization, and staging of the games.

The Commission shall consist of 2 members appointed by the Governor, 2 members appointed by the President of the Senate, 2 members appointed by the Minority Leader of the Senate, 2 members appointed by the Speaker of the House of Representatives, 2 members appointed by the Minority Leader of the House of Representatives, one member appointed by the Metropolitan Pier and Exposition Authority Board, one member appointed by the Board of Trustees of the University of Illinois, one member appointed by the Board of Commissioners of the Chicago Park District, 5 members appointed by the mayor of the candidate city, and 5 representatives of the OCOG's SB2016 Enrolled - 15 - LRB096 11410 RCE 21876 b outreach advisory council appointed by the other members of the Commission upon an affirmative vote of at least 10 of those other members.

All appointments shall be made by January 1, 2011.

The State encourages all parties with the power to appoint members to the Commission to take into account a broad range of experience, including but not limited to experience in government, small business ownership or management, civic or community involvement, and advocacy of equal opportunity for minorities, women, and the disabled in employment and contracting.

Beginning on January 1, 2012, and each year thereafter until the completion of the games, the Commission shall file a written report with the OCOG, the General Assembly, the Governor, the mayor of the candidate city, and the city council of the candidate city regarding compliance with the diversity requirements of this Article.

The Commission may file a supplemental report at any time.

The Commission shall elect its own chairperson, and Commission members shall serve without compensation.

The Commission shall meet quarterly and as needed.

The Commission shall also meet within one week after the issuance of the reports required under this subsection to, among other things, discuss whether or not:

(i) the OCOG is in compliance with the requirements of this Section;

(ii) the Metropolitan Pier and Exposition Authority is in compliance with Section 23.1 of the Metropolitan Pier and Exposition Authority Act as amended in this Article;

(iii) the University of Illinois is in SB2016 Enrolled - 16 - LRB096 11410 RCE 21876 b compliance with Section 4 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act and Section 1.1 of the University of Illinois at Chicago Act as amended in this Article;

and (iv) the Chicago Park District is in compliance with Section 7.07 of the Chicago Park District Act as amended in this Article.

The Commission shall include in any report required under this subsection, among other things:

(i) a list that sets forth each person or entity awarded a contract that is the subject of the diversity program described in this Section by the OCOG, the Metropolitan Pier and Exposition Authority, the University of Illinois, and the Chicago Park District and the name, address, contact information, and total dollar amount of the contract or contracts;

and (ii) a determination of whether the OCOG, the Metropolitan Pier and Exposition Authority, the University of Illinois, and the Chicago Park District are in compliance with their respective obligations.

If in any reporting period the OCOG, the Metropolitan Pier and Exposition Authority, the University of Illinois, or the Chicago Park District is not in compliance with its respective obligations, then each that is not in compliance shall file with the Commission within 14 business days a written explanation setting forth the reason or reasons for noncompliance.

The Commission shall then meet within one week after receiving the written explanations to discuss the stated reason or reasons for noncompliance.

SB2016 Enrolled - 17 - LRB096 11410 RCE 21876 b The OCOG, the Metropolitan Pier and Exposition Authority, the University of Illinois, and the Chicago Park District shall cooperate with the Commission and provide the Commission with requested information, unless disclosure is prohibited by law.

Section 5-43.

OCOG membership diversity.

The State encourages all parties with the power to appoint members to the OCOG Board of Directors to take into account the racial and ethnic diversity of the candidate city in making such appointments.

Section 5-45.

Inoperability.

(a) If the candidate city terminates its candidacy to become the host city for the games, then this Article is inoperable upon that termination.

(b) If the IOC does not select the candidate city as the host city for the games on or before December 1, 2009, then this Article is inoperable on and after that date.

Section 5-95.

The State Finance Act is amended by adding Sections 5.719 and 6z-80 as follows:

(30 ILCS 105/5.719 new) Sec.

5.719.

The Olympic Games and Paralympic Games Trust Fund.

SB2016 Enrolled - 18 - LRB096 11410 RCE 21876 b (30 ILCS 105/6z-80 new) Sec.

6z-80.

Appropriations from the Olympic Games and Paralympic Games Trust Fund.

The Olympic Games and Paralympic Games Trust Fund is created as a special fund in the State treasury.

Subject to appropriation, all money in the Olympic Games and Paralympic Games Trust Fund must be used to make payments required under the Olympic Games and Paralympic Games (2016) Law.

Section 5-96.

The Business Enterprise for Minorities, Females, and Persons with Disabilities Act is amended by changing Section 4 as follows:

(30 ILCS 575/4) (from Ch.

127, par.

132.604) (Section scheduled to be repealed on June 30, 2010) Sec.

Award of State contracts.

(a) Except as provided in subsections subsection (b) and (c), not less than 12% of the total dollar amount of State contracts, as defined by the Secretary of the Council and approved by the Council, shall be established as a goal to be awarded to businesses owned by minorities, females, and persons with disabilities;

provided, however, that contracts representing at least five-twelfths of the total amount of all State contracts awarded to businesses owned by minorities, females, and persons with disabilities pursuant to this Section shall be awarded to female owned businesses, and that contracts SB2016 Enrolled - 19 - LRB096 11410 RCE 21876 b representing at least one-sixth of the total amount of all State contracts awarded to businesses owned by minorities, females, and persons with disabilities pursuant to this Section shall be awarded to businesses owned by persons with disabilities.

The above percentage relates to the total dollar amount of State contracts during each State fiscal year, calculated by examining independently each type of contract for each agency or university which lets such contracts.

Only that percentage of arrangements which represents the participation of businesses owned by minorities, females, and persons with disabilities on such contracts shall be included.

(b) In the case of State construction contracts, the provisions of subsection (a) requiring a portion of State contracts to be awarded to businesses owned and controlled by persons with disabilities do not apply.

Not less than 10% of the total dollar amount of State construction contracts is established as a goal to be awarded to minority and female owned businesses, and contracts representing 50% of the amount of all State construction contracts awarded to minority and female owned businesses shall be awarded to female owned businesses.

(c) In the case of all work undertaken by the University of Illinois related to the planning, organization, and staging of the games, the University of Illinois shall establish a goal of awarding not less than 25% of the annual dollar value of all SB2016 Enrolled - 20 - LRB096 11410 RCE 21876 b contracts, purchase orders, and other agreements (collectively referred to as "the contracts") to minority-owned businesses or businesses owned by a person with a disability and 5% of the annual dollar value the contracts to female-owned businesses.

For purposes of this subsection, the term "games" has the meaning set forth in the Olympic Games and Paralympic Games (2016) Law.

(Source:

P.A.

87-701;

88-597, eff.

8-28-94.) Section 5-97.

The State Mandates Act is amended by adding Section 8.33 as follows:

(30 ILCS 805/8.33 new) Sec.

8.33.

Exempt mandate.

Notwithstanding the provisions of Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of Section 5-42 of the Olympic Games and Paralympic Games (2016) Law.

Section 95-98.

The Metropolitan Pier and Exposition Authority Act is amended by changing Section 23.1 as follows:

(70 ILCS 210/23.1) (from Ch.

85, par.

1243.1) Sec.

23.1.

Affirmative action.

(a) The Authority shall, within 90 days after the effective date of this amendatory Act of 1984, establish and maintain an affirmative action program designed to promote equal SB2016 Enrolled - 21 - LRB096 11410 RCE 21876 b employment opportunity and eliminate the effects of past discrimination.

Such program shall include a plan, including timetables where appropriate, which shall specify goals and methods for increasing participation by women and minorities in employment, including employment related to the planning, organization, and staging of the games, by the Authority and by parties which contract with the Authority.

The Authority shall submit a detailed plan with the General Assembly prior to September 1 of each year.

Such program shall also establish procedures and sanctions (including debarment), which the Authority shall enforce to ensure compliance with the plan established pursuant to this Section and with State and federal laws and regulations relating to the employment of women and minorities.

A determination by the Authority as to whether a party to a contract with the Authority has achieved the goals or employed the methods for increasing participation by women and minorities shall be determined in accordance with the terms of such contracts or the applicable provisions of rules and regulations of the Authority existing at the time such contract was executed, including any provisions for consideration of good faith efforts at compliance which the Authority may reasonably adopt.

(b) The Authority shall adopt and maintain minority and female owned business enterprise procurement programs under the affirmative action program described in subsection (a) for any and all work, including all contracting related to the SB2016 Enrolled - 22 - LRB096 11410 RCE 21876 b planning, organization, and staging of the games, undertaken by the Authority.

That work shall include, but is not limited to, the purchase of professional services, construction services, supplies, materials, and equipment.

The programs shall establish goals of awarding not less than 25% of the annual dollar value of all contracts, purchase orders, or other agreements (collectively referred to as "contracts") to minority owned businesses and 5% of the annual dollar value of all contracts to female owned businesses.

Without limiting the generality of the foregoing, the programs shall require in connection with the prequalification or consideration of vendors for professional service contracts, construction contracts, and contracts for supplies, materials, equipment, and services that each proposer or bidder submit as part of his or her proposal or bid a commitment detailing how he or she will expend 25% or more of the dollar value of his or her contracts with one or more minority owned businesses and 5% or more of the dollar value with one or more female owned businesses.

Bids or proposals that do not include such detailed commitments are not responsive and shall be rejected unless the Authority deems it appropriate to grant a waiver of these requirements.

In addition the Authority may, in connection with the selection of providers of professional services, reserve the right to select a minority or female owned business or businesses to fulfill the commitment to minority and female business participation.

The commitment to minority and female SB2016 Enrolled - 23 - LRB096 11410 RCE 21876 b business participation may be met by the contractor or professional service provider's status as a minority or female owned business, by joint venture or by subcontracting a portion of the work with or purchasing materials for the work from one or more such businesses, or by any combination thereof.

Each contract shall require the contractor or provider to submit a certified monthly report detailing the status of that contractor or provider's compliance with the Authority's minority and female owned business enterprise procurement program.

The Authority, after reviewing the monthly reports of the contractors and providers, shall compile a comprehensive report regarding compliance with this procurement program and file it quarterly with the General Assembly.

If, in connection with a particular contract, the Authority determines that it is impracticable or excessively costly to obtain minority or female owned businesses to perform sufficient work to fulfill the commitment required by this subsection, the Authority shall reduce or waive the commitment in the contract, as may be appropriate.

The Authority shall establish rules and regulations setting forth the standards to be used in determining whether or not a reduction or waiver is appropriate.

The terms "minority owned business" and "female owned business" have the meanings given to those terms in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act.

(c) The Authority shall adopt and maintain an affirmative SB2016 Enrolled - 24 - LRB096 11410 RCE 21876 b action program in connection with the hiring of minorities and women on the Expansion Project and on any and all construction projects, including all contracting related to the planning, organization, and staging of the games, undertaken by the Authority.

The program shall be designed to promote equal employment opportunity and shall specify the goals and methods for increasing the participation of minorities and women in a representative mix of job classifications required to perform the respective contracts awarded by the Authority.

(d) In connection with the Expansion Project, the Authority shall incorporate the following elements into its minority and female owned business procurement programs to the extent feasible:

(1) a major contractors program that permits minority owned businesses and female owned businesses to bear significant responsibility and risk for a portion of the project;

(2) a mentor/protege program that provides financial, technical, managerial, equipment, and personnel support to minority owned businesses and female owned businesses;

(3) an emerging firms program that includes minority owned businesses and female owned businesses that would not otherwise qualify for the project due to inexperience or limited resources;

(4) a small projects program that includes participation by smaller minority owned businesses and female owned businesses on jobs where the total dollar value is $5,000,000 or less;

and (5) a set-aside program that will identify contracts requiring the expenditure of funds less than $50,000 for bids to be submitted SB2016 Enrolled - 25 - LRB096 11410 RCE 21876 b solely by minority owned businesses and female owned businesses.

(e) The Authority is authorized to enter into agreements with contractors' associations, labor unions, and the contractors working on the Expansion Project to establish an Apprenticeship Preparedness Training Program to provide for an increase in the number of minority and female journeymen and apprentices in the building trades and to enter into agreements with Community College District 508 to provide readiness training.

The Authority is further authorized to enter into contracts with public and private educational institutions and persons in the hospitality industry to provide training for employment in the hospitality industry.

(f) McCormick Place Advisory Board.

There is created a McCormick Place Advisory Board composed as follows:

2 members shall be appointed by the Mayor of Chicago;

2 members shall be appointed by the Governor;

2 members shall be State Senators appointed by the President of the Senate;

2 members shall be State Senators appointed by the Minority Leader of the Senate;

2 members shall be State Representatives appointed by the Speaker of the House of Representatives;

and 2 members shall be State Representatives appointed by the Minority Leader of the House of Representatives.

The terms of all previously appointed members of the Advisory Board expire on the effective date of this amendatory Act of the 92nd General Assembly.

A State Senator or State Representative member may appoint a designee SB2016 Enrolled - 26 - LRB096 11410 RCE 21876 b to serve on the McCormick Place Advisory Board in his or her absence.

A "member of a minority group" shall mean a person who is a citizen or lawful permanent resident of the United States and who is (1) Black (a person having origins in any of the black racial groups in Africa);

(2) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race);

(3) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands);

or (4) American Indian or Alaskan Native (a person having origins in any of the original peoples of North America).

Members of the McCormick Place Advisory Board shall serve 2-year terms and until their successors are appointed, except members who serve as a result of their elected position whose terms shall continue as long as they hold their designated elected positions.

Vacancies shall be filled by appointment for the unexpired term in the same manner as original appointments are made.

The McCormick Place Advisory Board shall elect its own chairperson.

Members of the McCormick Place Advisory Board shall serve without compensation but, at the Authority's discretion, shall be reimbursed for necessary expenses in connection with the SB2016 Enrolled - 27 - LRB096 11410 RCE 21876 b performance of their duties.

The McCormick Place Advisory Board shall meet quarterly, or as needed, shall produce any reports it deems necessary, and shall:

(1) Work with the Authority on ways to improve the area physically and economically;

(2) Work with the Authority regarding potential means for providing increased economic opportunities to minorities and women produced indirectly or directly from the construction and operation of the Expansion Project;

(3) Work with the Authority to minimize any potential impact on the area surrounding the McCormick Place Expansion Project, including any impact on minority or female owned businesses, resulting from the construction and operation of the Expansion Project;

(4) Work with the Authority to find candidates for building trades apprenticeships, for employment in the hospitality industry, and to identify job training programs;

(5) Work with the Authority to implement the provisions of subsections (a) through (e) of this Section in the construction of the Expansion Project, including the Authority's goal of awarding not less than 25% and 5% of the annual dollar value of contracts to minority and female owned businesses, the outreach program for minorities and women, and the mentor/protege program for providing SB2016 Enrolled - 28 - LRB096 11410 RCE 21876 b assistance to minority and female owned businesses.

(g) The Authority shall comply with subsection (e) of Section 5-42 of the Olympic Games and Paralympic Games (2016) Law.

For purposes of this Section, the term "games" has the meaning set forth in the Olympic Games and Paralympic Games (2016) Law.

(Source:

P.A.

91-422, eff.

1-1-00;

92-16, eff.

6-28-01;

92-208, eff.

8-2-01.) Section 95-99.

The Chicago Park District Act is amended by adding Section 7.07 as follows:

(70 ILCS 1505/7.07 new) Sec.

7.07.

Olympic and paralympic games;

contracts and employment.

(a) All contracting and employment related to the planning, organization, and staging of the games shall be subject to all applicable ordinances contained in the Code of the Chicago Park District, including but not limited to Chapter I (General Provisions and Definitions), Chapter IV (Human Rights), Chapter V (Personnel), and Chapter XI (Purchasing and Contracting).

(b) The Chicago Park District shall comply with subsection (e) of Section 5-42 of the Olympic Games and Paralympic Games (2016) Law.

(c) For purposes of this Section, the term "games" has the SB2016 Enrolled - 29 - LRB096 11410 RCE 21876 b meaning set forth in the Olympic Games and Paralympic Games (2016) Law.

Section 95-100.

The University of Illinois at Chicago Act is amended by adding Section 1.1 as follows:

(110 ILCS 320/1.1 new) Sec.

1.1.

Olympic and paralympic games;

contracting and employment.

(a) All contracting and employment related to the planning, organization, and staging of the games shall be subject to all applicable laws, policies, and statements, including but not limited to Section 4 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act and the Statement of Reaffirmation, Affirmative Action in Employment, University of Illinois at Chicago, June 2008.

The University shall comply with subsection (e) of Section 5-42 of the Olympic Games and Paralympic Games (2016) Law.

(b) For purposes of this Section, the term "games" has the meaning set forth in the Olympic Games and Paralympic Games (2016) Law.

ARTICLE 10.

Section 10-1.

Article title.

This Article may be cited as the Olympic Public Safety Law.

SB2016 Enrolled - 30 - LRB096 11410 RCE 21876 b Section 10-5.

Purpose.

As part of the bid to host the 2016 Olympic and Paralympic Games in Chicago, this Article provides for the creation of a commission, known as the Chicago Olympic Public Safety Command, or COPSC, that will engage in security and public safety planning, management, and administration if Chicago is selected as the host city for the 2016 Olympic and Paralympic Games.

In the event of such selection, it is intended that COPSC will contribute to the achievement of the following objectives:

foster the intergovernmental cooperation of local, State, and federal public safety agencies in providing for the public safety of the Olympic and Paralympic Games;

develop a comprehensive security and public safety plan;

create a unified chain of command;

and implement an effective and efficient public safety and security operation that does not compromise the celebratory spirit of the Olympic and Paralympic Games.

Section 10-10.

Definitions.

As used in this Article:

"Chicago 2016" means Chicago 2016, an Illinois not-for-profit corporation formed to bid for the opportunity of hosting the Olympic and Paralympic Games, or as the context requires, a successor in interest to Chicago 2016, such as an organizing committee for the Olympic and Paralympic Games formed after the selection of Chicago as the host city for that event.

SB2016 Enrolled - 31 - LRB096 11410 RCE 21876 b "COPSC" means the Chicago Olympic Public Safety Command contemplated in Section 10-15.

"COPSC Chairperson" means the Chairperson of COPSC.

"ESG" means Executive Strategy Group of COPSC.

"Law enforcement and public safety services" includes programs and services to, among other things:

(1) provide for crowd and traffic safety;

(2) suppress or reduce crime;

(3) provide for or assist in criminal investigation;

(4) provide forensic, communications, and records support services;

(5) facilitate intelligence and information sharing among federal, State, and local authorities and with relevant private sector participants;

(6) deter and disrupt terrorism activity related to the Olympic and Paralympic Games through aggressive investigation and prosecution;

(7) assure that the organizational structure and plans exist to effectively prepare for, and respond to, any terrorist incidents or other emergencies in the State related to the Olympic and Paralympic Games;

and (8) assure that public safety plans are coordinated and integrated with the operations plans of Chicago 2016 for the Olympic and Paralympic Games.

"Local law enforcement agency" means any political subdivision of the State or an agency of a political SB2016 Enrolled - 32 - LRB096 11410 RCE 21876 b subdivision that exists primarily to deter and detect crime and enforce criminal laws, statutes, and ordinances.

"Local public safety agency" means a political subdivision of the State or an agency of a political subdivision of the State that exists to provide:

(1) fire service;

(2) emergency medical services;

or (3) emergency management and communication.

"Olympic and Paralympic Games" means the 2016 Olympic and Paralympic Games that may be hosted by the City of Chicago.

"Period of the Olympic and Paralympic Games" means the period commencing 21 days before the opening ceremony of the 2016 Olympic Games and concluding 14 days after the closing ceremony of the 2016 Paralympic Games.

"State" means the State of Illinois.

"State agency" means any department, division, commission, council, board, bureau, committee, institution, government, corporation, or other establishment or official of the State, except the Legislature, and for purposes of this Article includes a State institution of higher education.

"State law enforcement agency" means any entity administered by the State that exists primarily to deter and detect crime and enforce criminal laws, statutes, and ordinances.

"State public safety agency" means an entity administered by the State that exists to provide:

SB2016 Enrolled - 33 - LRB096 11410 RCE 21876 b (1) fire service;

(2) emergency medical services;

or (3) emergency management and communication.

"Venue Commander" means a person who shall direct and coordinate law enforcement and public safety personnel and responsibilities at a designated Olympic venue during the period of the Olympic and Paralympic Games, as set forth in this Article.

Section 10-15.

Chicago Olympic Public Safety Command.

(a) If the International Olympic Committee selects the City of Chicago to host the Olympic and Paralympic Games, then the Chicago Olympic Public Safety Command (COPSC) shall be established.

(b) The policymaking responsibility of COPSC shall be vested in ESG.

(1) the COPSC Chairperson;

(2) the Executive Director of COPSC (non-voting member);

(3) the Commissioner of the Chicago Fire Department;

(4) a representative of Chicago 2016 appointed by the COPSC Chairperson;

(5) the Executive Director for the Office of Emergency Management and Communications of the City of Chicago;

(6) the Special Agent-In-Charge of the Chicago SB2016 Enrolled - 34 - LRB096 11410 RCE 21876 b Division of the United States Federal Bureau of Investigation, or other representative designated by the United States Federal Bureau of Investigation;

(7) the Special Agent-In-Charge of the Chicago Division of the United States Secret Service, or other representative designated by the United States Secret Service;

(8) the Regional Director for the Federal Emergency Management Agency;

(9) a representative appointed by the Director of the Illinois State Police;

and (10) the Superintendent of the Chicago Police Department, if the COPSC Chairperson is someone other than the Superintendent of the Chicago Police Department.

(d) Each member of COPSC, including those of ESG and the Executive Director of COPSC, shall serve without additional compensation from the State of Illinois.

(e) The COPSC Chairperson shall be the Superintendent of the Chicago Police Department, or such other suitably qualified person appointed by the Mayor of the City of Chicago.

The COPSC Chairperson shall chair COPSC and ESG and shall call meetings of each from time to time in furtherance of the purposes of this Article.

A majority of the members of ESG constitutes a quorum for the transaction of business.

All members of ESG other than the Executive Director of COPSC shall be voting members, and the action of a majority of a quorum of ESG shall SB2016 Enrolled - 35 - LRB096 11410 RCE 21876 b constitute the action of ESG.

(f) The COPSC Chairperson may appoint additional members of ESG at a properly constituted meeting of ESG, but each such appointment shall be subject to written consent by a majority of the other members of ESG present at the same or a subsequent properly constituted meeting of ESG.

(g) ESG shall establish a strategic plan for law enforcement and public safety services related to the Olympic and Paralympic Games, including the coordination of personnel and resources of State, local, and federal law enforcement and public safety agencies.

(h) ESG shall define the composition, organizational structure, and high-level administrative policies of COPSC.

(i) COPSC shall:

(1) in furtherance of the strategic plan developed by ESG, and in consultation with State, local, and federal law enforcement and public safety agencies, establish a detailed plan for law enforcement and public safety services related to the Olympic and Paralympic Games, including the coordination of personnel and resources of State, local, and federal law enforcement and public safety agencies;

(2) develop any policies necessary to inform and direct COPSC in the implementation of that plan;

(3) amend that plan to promote the effective, efficient, and cooperative implementation of the plan and SB2016 Enrolled - 36 - LRB096 11410 RCE 21876 b the preservation of public safety;

(4) integrate that plan with the operations plans of Chicago 2016 for the Olympic and Paralympic Games;

and (5) perform such other functions as directed by the COPSC Chairperson or ESG, consistent with the purposes of this Article.

(j) All State and local law enforcement and public safety agencies shall cooperate with the planning and coordination efforts of COPSC, as requested by COPSC and subject to applicable law.

COPSC shall, unless it relinquishes such authority in whole or part, and subject to applicable superior federal law or authority, have primary responsibility for law enforcement and public safety services at each Olympic venue in the State (including an area extending up to approximately 300 yards from the secure perimeter of each Olympic site, as defined and promulgated by COPSC) during the period of the Olympic and Paralympic Games.

Designated Venue Commanders at each such Olympic venue shall direct and coordinate on-scene law enforcement and public safety personnel and responsibilities and shall be managed by the COPSC Chairperson or his or her designee.

Section 10-20.

COPSC Chairperson;

Venue Commanders.

(a) The COPSC Chairperson shall appoint qualified individuals to serve as Venue Commanders at Olympic venues during the period of the Olympic and Paralympic Games.

SB2016 Enrolled - 37 - LRB096 11410 RCE 21876 b (b) The COPSC Chairperson shall coordinate law enforcement and public safety agency activities during the Olympic and Paralympic Games with respect to Olympic venues and events, and shall direct the execution of the plan established by COPSC.

Section 10-25.

Executive Director of COPSC.

(a) The COPSC Chairperson shall appoint a representative of Chicago 2016 as the Executive Director of COPSC.

(b) The Executive Director of COPSC shall report to the COPSC Chairperson and manage the day-to-day activities of COPSC.

Section 10-30.

Deputization.

COPSC may enter into agreements with political subdivisions of the State and with other states, regional authorities, and the federal Government.

Pursuant to these agreements, the COPSC Chairperson may deputize or otherwise designate qualified law enforcement personnel from those other governmental units to assist COPSC in performing specifically described activities under this Article during the period of the Olympic and Paralympic Games.

Those deputized or designated persons shall have the status of a peace officer in the State during the period of the Olympic and Paralympic Games, and shall have all the powers possessed by policemen in cities and by sheriffs, including the power to make arrests for violations of State statutes or municipal or county ordinances, except that those SB2016 Enrolled - 38 - LRB096 11410 RCE 21876 b powers (i) may be exercised only within the geographic areas affirmatively authorized in writing by the COPSC Chairperson and (ii) may be otherwise restricted or limited by the COPSC Chairperson in that writing.

Any authorization for deputization or designation pursuant to this subsection shall be made in writing, and should be carried by each such deputized or designated person (or kept in reasonable proximity thereto) and produced upon demand by another peace officer.

Section 10-35.

Inoperability.

This Article shall be inoperable as follows:

(a) if the City of Chicago terminates its candidacy to become the host city for the Olympic and Paralympic Games, then this Article is inoperable upon that termination;

(b) if the International Olympic Committee does not select the City of Chicago as of the host city for the Olympic and Paralympic Games on or before December 1, 2009, then this Article is inoperable on and after that date;

or (c) if the City of Chicago is chosen as the host city for the Olympic and Paralympic Games on or before December 1, 2009, then this Article is inoperable on and after June 30, 2017.

ARTICLE 15.

Section 15-1.

Article title.

This Article may be cited as the Olympic and Paralympic Trademark Protection Law.

SB2016 Enrolled - 39 - LRB096 11410 RCE 21876 b Section 15-5.

Purpose.

As part of the bid of Chicago 2016, an Illinois not-for-profit corporation, and the City of Chicago to host the 2016 Olympic and Paralympic Games in Chicago, this Article provides for additional protection for trademarks used by or reserved for exclusive use by the United States Olympic Committee and Chicago 2016 and its successor organizing committee for the Games (the OCOG) in the marketing, promotion, and operation of such Games.

This Article amends the Trademark Registration and Protection Act to:

prohibit any third party from registering trade names or trademarks used by the USOC, Chicago 2016, or the OCOG;

protect against infringement of Olympic trademarks;

and provide the USOC, Chicago 2016, and the OCOG, with exclusive rights to use certain words, emblems, slogans, mascots, and symbols for the Games, and the ability to enforce those rights against others who use them in commerce, including in Circuit Court in Cook County.

This Article also amends the Business Corporation Act of 1983, the General Not For Profit Corporation Act of 1986, and the Limited Liability Company Act to prohibit registration of business names featuring certain Olympic trademarks from and after the effective date of this Article.

Section 15-10.

The Trademark Registration and Protection Act is amended by changing Section 10 and by adding Section 62 as follows:

SB2016 Enrolled - 40 - LRB096 11410 RCE 21876 b (765 ILCS 1036/10) Sec.

10.

Registrability.

A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others shall not be registered if it:

(a) consists of or comprises immoral, deceptive, or scandalous matter;

or (b) consists of or comprises matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute;

or (c) consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof;

or (d) consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual's written consent;

or (e) consists of a mark which:

(1) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them, or (2) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, or (3) is primarily merely a surname;

however, nothing in this subsection (e) shall SB2016 Enrolled - 41 - LRB096 11410 RCE 21876 b prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services.

The Secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this State for the 5 years before the date on which the claim of distinctiveness is made;

or (f) consists of or comprises a mark which so resembles a mark registered in this State of a mark of tradename previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive ;

or .

(g) without the consent of the United States Olympic Committee:

(1) contains or consists of the symbol of the International Olympic Committee, consisting of 5 interlocking rings, or the symbol of the International Paralympic Committee;

(2) contains or consists of the terms "Olympic", "Olympiad", "Paralympic", "Paralympiad", "Citius Altius Fortius", or "Chicago 2016";

or (3) is substantially identical to any other mark or trade name used by the International Olympic Committee, the International Paralympic Committee, the United States Olympic Committee, or Chicago 2016 or its successor organizing committee for the 2016 Olympic and Paralympic SB2016 Enrolled - 42 - LRB096 11410 RCE 21876 b Games.

(Source:

P.A.

90-231, eff.

1-1-98.) (765 ILCS 1036/62 new) Sec.

62.

Infringement of Olympic marks.

Notwithstanding any other Section of this Act:

(a) The United States Olympic Committee has the exclusive right to use, and license for use, in this State any of the following:

(1) any mark to which the United States Olympic Committee has exclusive rights under 36 U.S.C.

220506;

(2) the designations "Chicago 2016", "CHICOG", "Chicago Organizing Committee for the 2016 Olympic and Paralympic Games", "Chicago Olympic Committee" and "Chicago Paralympic Committee";

(3) the emblem of Chicago 2016, featuring a stylized design of a 6-pointed star superimposed over vertical stripes, and any other official emblem adopted by Chicago 2016;

(4) the slogan "Stir the Soul" and any other official slogan adopted by Chicago 2016;

(5) any official mascot or mascots adopted by Chicago 2016;

and (6) the phrases "Chicago Olympic Games", "Chicago Olympics", "Chicago Paralympic Games", and "Chicago Paralympics" and any other official phrase adopted by SB2016 Enrolled - 43 - LRB096 11410 RCE 21876 b Chicago 2016.

(b) The United States Olympic Committee, Chicago 2016 as designee of the United States Olympic Committee, or both, may file a civil action in the Circuit Court of Cook County, or any other circuit court in the State of Illinois permitted by law, against any person for the remedies provided under Section 70 of this Act if the person, without the consent of the United States Olympic Committee or Chicago 2016, uses for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition:

(1) any mark registered in Illinois to the United States Olympic Committee or Chicago 2016;

(2) any mark referenced in subsection (a) of this Section;

or (3) any word, symbol, design, graphic, or image, or combination thereof, tending to cause confusion or mistake, to deceive, or to falsely suggest a connection or association with, or authorization by, the International Olympic Committee, the International Paralympic Committee, the United States Olympic Committee, Chicago 2016, or any Olympic or Paralympic activity.

(c) If any provision of this Section or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Section which can be given effect without the invalid SB2016 Enrolled - 44 - LRB096 11410 RCE 21876 b provision, and to this end the provisions of this Section are severable.

(d) For the purposes of this Section, references to Chicago 2016 include the Illinois not-for-profit corporation of that name and its successor organizing committee for the 2016 Olympic and Paralympic Games.

(e) Nothing in this Section is intended to limit any rights or remedies provided under the Counterfeit Trademark Act.

Section 15-15.

The Business Corporation Act of 1983 is amended by changing Sections 4.05 and 4.15 as follows:

(805 ILCS 5/4.05) (from Ch.

32, par.

4.05) Sec.

4.05.

Corporate name of domestic or foreign corporation.

(a) The corporate name of a domestic corporation or of a foreign corporation organized, existing or subject to the provisions of this Act:

(1) Shall contain, separate and apart from any other word or abbreviation in such name, the word "corporation", "company", "incorporated", or "limited", or an abbreviation of one of such words, and if the name of a foreign corporation does not contain, separate and apart from any other word or abbreviation, one of such words or abbreviations, the corporation shall add at the end of its name, as a separate word or abbreviation, one of such words SB2016 Enrolled - 45 - LRB096 11410 RCE 21876 b or an abbreviation of one of such words.

(2) Shall not contain any word or phrase which indicates or implies that the corporation (i) is authorized or empowered to conduct the business of insurance, assurance, indemnity, or the acceptance of savings deposits;

(ii) is authorized or empowered to conduct the business of banking unless otherwise permitted by the Commissioner of Banks and Real Estate pursuant to Section 46 of the Illinois Banking Act;

or (iii) is authorized or empowered to be in the business of a corporate fiduciary unless otherwise permitted by the Commissioner of Banks and Real Estate under Section 1-9 of the Corporate Fiduciary Act.

The word "trust", "trustee", or "fiduciary" may be used by a corporation only if it has first complied with Section 1-9 of the Corporate Fiduciary Act.

The word "bank", "banker" or "banking" may only be used by a corporation if it has first complied with Section 46 of the Illinois Banking Act.

(3) Shall be distinguishable upon the records in the office of the Secretary of State from the name or assumed name of any domestic corporation or limited liability company organized under the Limited Liability Company Act, whether profit or not for profit, existing under any Act of this State or of the name or assumed name of any foreign corporation or foreign limited liability company registered under the Limited Liability Company Act, SB2016 Enrolled - 46 - LRB096 11410 RCE 21876 b whether profit or not for profit, authorized to transact business in this State, or a name the exclusive right to which is, at the time, reserved or registered in the manner provided in this Act or Section 1-15 of the Limited Liability Company Act, except that, subject to the discretion of the Secretary of State, a foreign corporation that has a name prohibited by this paragraph may be issued a certificate of authority to transact business in this State, if the foreign corporation:

(i) Elects to adopt an assumed corporate name or names in accordance with Section 4.15 of this Act;

and (ii) Agrees in its application for a certificate of authority to transact business in this State only under such assumed corporate name or names.

(4) Shall contain the word "trust", if it be a domestic corporation organized for the purpose of accepting and executing trusts, shall contain the word "pawners", if it be a domestic corporation organized as a pawners' society, and shall contain the word "cooperative", if it be a domestic corporation organized as a cooperative association for pecuniary profit.

(5) Shall not contain a word or phrase, or an abbreviation or derivation thereof, the use of which is prohibited or restricted by any other statute of this State unless such restriction has been complied with.

(6) Shall consist of letters of the English alphabet, SB2016 Enrolled - 47 - LRB096 11410 RCE 21876 b Arabic or Roman numerals, or symbols capable of being readily reproduced by the office of the Secretary of State.

(7) Shall be the name under which the corporation shall transact business in this State unless the corporation shall also elect to adopt an assumed corporate name or names as provided in this Act;

provided, however, that the corporation may use any divisional designation or trade name without complying with the requirements of this Act, provided the corporation also clearly discloses its corporate name.

(8) (Blank).

(9) Shall not, as to any corporation organized or amending its corporate name on or after the effective date of this amendatory Act of the 96th General Assembly, without the express written consent of the United States Olympic Committee, contain the words:

(i) "Olympic";

(ii) "Olympiad";

(iii) "Paralympic";

(iv) "Paralympiad";

(v) "Citius Altius Fortius";

(vi) "CHICOG";

or (vii) "Chicago 2016".

(b) The Secretary of State shall determine whether a name is "distinguishable" from another name for purposes of this Act.

Without excluding other names which may not constitute distinguishable names in this State, a name is not considered distinguishable, for purposes of this Act, solely because it contains one or more of the following:

(1) the word "corporation", "company", "incorporated", SB2016 Enrolled - 48 - LRB096 11410 RCE 21876 b or "limited", "limited liability" or an abbreviation of one of such words;

(2) articles, conjunctions, contractions, abbreviations, different tenses or number of the same word;

(1) Require any domestic corporation existing or any foreign corporation having a certificate of authority on the effective date of this Act, to modify or otherwise change its corporate name or assumed corporate name, if any.

(2) Abrogate or limit the common law or statutory law of unfair competition or unfair trade practices, nor derogate from the common law or principles of equity or the statutes of this State or of the United States with respect to the right to acquire and protect copyrights, trade names, trade marks, service names, service marks, or any other right to the exclusive use of names or symbols.

(Source:

P.A.

92-33, eff.

7-1-01.) (805 ILCS 5/4.15) (from Ch.

32, par.

4.15) Sec.

4.15.

Assumed corporate name.

(a) A domestic corporation or a foreign corporation admitted to transact business or attempting to gain admission to transact business may elect to adopt an assumed corporate name that complies with the requirements of paragraphs (2), (3), (4), (5) , and (6), and (9) of subsection (a) of Section SB2016 Enrolled - 49 - LRB096 11410 RCE 21876 b 4.05 of this Act with respect to corporate names.

(b) As used in this Act, "assumed corporate name" means any corporate name other than the true corporate name, except that the following shall not constitute the use of an assumed corporate name under this Act:

(1) the identification by a corporation of its business with a trademark or service mark of which it is the owner or licensed user;

and (2) the use of a name of a division, not separately incorporated and not containing the word "corporation", "incorporated", or "limited" or an abbreviation of one of such words, provided the corporation also clearly discloses its corporate name.

(c) Before transacting any business in this State under an assumed corporate name or names, the corporation shall, for each assumed corporate name, pursuant to resolution by its board of directors, execute and file in duplicate in accordance with Section 1.10 of this Act, an application setting forth:

(1) The true corporate name.

(2) The state or country under the laws of which it is organized.

(3) That it intends to transact business under an assumed corporate name.

(4) The assumed corporate name which it proposes to use.

(d) The right to use an assumed corporate name shall be SB2016 Enrolled - 50 - LRB096 11410 RCE 21876 b effective from the date of filing by the Secretary of State until the first day of the anniversary month of the corporation that falls within the next calendar year evenly divisible by 5, however, if an application is filed within the 2 months immediately preceding the anniversary month of a corporation that falls within a calendar year evenly divisible by 5, the right to use the assumed corporate name shall be effective until the first day of the anniversary month of the corporation that falls within the next succeeding calendar year evenly divisible by 5.

(e) A corporation shall renew the right to use its assumed corporate name or names, if any, within the 60 days preceding the expiration of such right, for a period of 5 years, by making an election to do so at the time of filing its annual report form and by paying the renewal fee as prescribed by this Act.

(f) Once an application for an assumed corporate name has been filed by the Secretary of State, one copy thereof may be filed for record in the office of the recorder of the county in which the registered office of the corporation is situated in this State.

(g) A foreign corporation may not use an assumed or fictitious name in the conduct of its business to intentionally misrepresent the geographic origin or location of the corporation within Illinois.

(Source:

P.A.

91-906, eff.

1-1-01.) SB2016 Enrolled - 51 - LRB096 11410 RCE 21876 b Section 15-20.

The General Not For Profit Corporation Act of 1986 is amended by changing Section 104.05 as follows:

(805 ILCS 105/104.05) (from Ch.

32, par.

104.05) Sec.

104.05.

Corporate name of domestic or foreign corporation.

(a) The corporate name of a domestic corporation or of a foreign corporation organized, existing or subject to the provisions of this Act:

(1) May contain, separate and apart from any other word or abbreviation in such name, the word "corporation," "company," "incorporated," or "limited," or an abbreviation of one of such words;

(2) Must end with the letters "NFP" if the corporate name contains any word or phrase which indicates or implies that the corporation is organized for any purpose other than a purpose for which corporations may be organized under this Act or a purpose other than a purpose set forth in the corporation's articles of incorporation;

(3) Shall be distinguishable upon the records in the the office of the Secretary of State from the name or assumed name of any domestic corporation or limited liability company organized under the Limited Liability Company Act, whether for profit or not for profit, existing under any Act of this State or the name or assumed name of SB2016 Enrolled - 52 - LRB096 11410 RCE 21876 b any foreign corporation or foreign limited liability company registered under the Limited Liability Company Act, whether for profit or not for profit, authorized to transact business or conduct affairs in this State, or a name the exclusive right to which is, at the time, reserved or registered in the manner provided in this Act or Section 1-15 of the Limited Liability Company Act, except that, subject to the discretion of the Secretary of State, a foreign corporation that has a name prohibited by this paragraph may be issued a certificate of authority to conduct its affairs in this State, if the foreign corporation:

(i) Elects to adopt an assumed corporation name or names in accordance with Section 104.15 of this Act;

and (ii) Agrees in its application for a certificate of authority to conduct affairs in this State only under such assumed corporate name or names;

(4) Shall not contain a word or phrase, or an abbreviation or derivation thereof, the use of which is prohibited or restricted by any other statute of this State unless such restriction has been complied with;

(5) Shall consist of letters of the English alphabet, Arabic or Roman numerals, or symbols capable of being readily reproduced by the office of the Secretary of State;

(6) Shall not contain the words "regular democrat," SB2016 Enrolled - 53 - LRB096 11410 RCE 21876 b "regular democratic," "regular republican," "democrat," "democratic," or "republican," nor the name of any other established political party, unless consent to usage of such words or name is given to the corporation by the State central committee of such established political party;

notwithstanding any other provisions of this Act, any corporation, whose name at the time this amendatory Act takes effect contains any of the words listed in this paragraph shall certify to the Secretary of State no later than January 1, 1989, that consent has been given by the State central committee;

consent given to a corporation by the State central committee to use the above listed words may be revoked upon notification to the corporation and the Secretary of State;

and (7) Shall be the name under which the corporation shall conduct affairs in this State unless the corporation shall also elect to adopt an assumed corporate name or names as provided in this Act;

and .

(8) Shall not, as to any corporation organized or amending its corporate name on or after the effective date of this amendatory Act of the 96th General Assembly, without the express written consent of the United States SB2016 Enrolled - 54 - LRB096 11410 RCE 21876 b Olympic Committee, contain the words:

(i) "Olympic";

(ii) "Olympiad";

(iii) "Paralympic";

(iv) "Paralympiad";

(v) "Citius Altius Fortius";

(vi) "CHICOG";

or (vii) "Chicago 2016".

(b) The Secretary of State shall determine whether a name is "distinguishable" from another name for purposes of this Act.

(1) The word "corporation," "company," "incorporated," or "limited" or an abbreviation of one of such words;

(2) Articles, conjunctions, contractions, abbreviations, different tenses or number of the same word.

or (2) Abrogate or limit the common law or statutory law of unfair competition or unfair trade practices, nor derogate from the common law or principles of equity or the statutes of this State or of the United States with respect to the right to acquire and protect copyrights, trade SB2016 Enrolled - 55 - LRB096 11410 RCE 21876 b names, trade marks, service names, service marks, or any other right to the exclusive use of name or symbols.

(Source:

P.A.

92-33, eff.

7-1-01;

Latest

SB2016 ~~Engrossed~~ LRB096 11410 RCE 21876 b AN ACT concerning the Olympic Games.

SB2016 Enrolled LRB096 11410 RCE 21876 b AN ACT concerning the Olympic Games.

~~Section~~ 1.

ARTICLE 1.

Section 1-1.

This Act may be cited as the 2016 Olympic Games Act.

This Act may be cited as the 2016 Olympic and Paralympic Games Act.

ARTICLE 5.

Section 5-1.

Article title.

This Article may be cited as the Olympic Games and Paralympic Games (2016) Law.

Section 5-5.

Definitions.

For purposes of this Article:

"Candidate city" means the City of Chicago, which has been selected as a candidate by the IOC to be host city of the games.

"Games" means the 2016 Olympic and Paralympic Games.

"Governor" means the Governor of Illinois.

"IOC" means the International Olympic Committee.

"IPC" means the International Paralympic Committee.

"Net financial deficit" means any financial deficit of the OCOG or resulting from the conduct of the games.

"State" means the State of Illinois.

"USOC" means the United States Olympic Committee.

"Venues" means, collectively, the competition venues and non-competition venues.

Section 5-10.

Governmental Cooperation.

(a) The State, in accordance with law and to the extent of the State's authority, and subject to the limitations of this Article:

(1) guarantees that the candidate city, working in partnership with the OCOG, shall be the primary and lead governmental authority for the planning, organization, and hosting of the games;

(4) guarantees the State's respect of the Olympic Charter and the Host City Contract promulgated by the IOC;

(5) agrees that all representations, warranties, and covenants set forth in this Article as well as any written commitments made by the State regarding the games shall be binding on the State;

(6) guarantees that the State will take all necessary measures in order that it fulfill its obligations completely under this Article and any written commitments made by the State to the IOC;

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