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Article 5 - Olympic Games and Paralympic Games (2016) Law

 
    (65 ILCS 120/Art. 5 heading) ARTICLE 5.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑1)
    Sec. 5‑1. Article title. This Article may be cited as the Olympic Games and Paralympic Games (2016) Law.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑5)
    Sec. 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.
    "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 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.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑10)
    Sec. 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;

(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 with (i) local, regional, and national environmental regulations and acts and (ii) international agreements and protocols to which the United States is a party regarding planning, construction, and protection of the environment;

(9) guarantees that it shall provide or cause to be

provided all security, medical, and other government‑related services that the State customarily provides for comparable large‑scale events and that are necessary for the successful planning, organization, and staging of the portions of the games within the State, at no cost to the OCOG;

(10) agrees to take such action as may be required by

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

(11) agrees to cooperate with the candidate city, the

bid committee and the OCOG, as well as local, regional, and national business, trade, and service organizations in order to promote and encourage, to the extent permitted by law, the charging of ordinary and customary prices for goods and services associated with the games within the 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 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 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. (Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑15)
    Sec. 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 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.

(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑20)
    Sec. 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 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.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑25)
    Sec. 5‑25. Fund as security; liability. Any moneys deposited, transferred, or otherwise contained in the Olympic 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.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑30)
    Sec. 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.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑35)
    Sec. 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.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑40)
    Sec. 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 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.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑42)
    Sec. 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 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.
    (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 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 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.
    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.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑43)
    Sec. 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.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑45)
    Sec. 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.
(Source: P.A. 96‑7, eff. 4‑3‑09.)

    (65 ILCS 120/5‑95)
    Sec. 5‑95. (Amendatory provisions; text omitted).
(Source: P.A. 96‑7, eff. 4‑3‑09; text omitted.)

    (65 ILCS 120/5‑96)
    Sec. 5‑96. (Amendatory provisions; text omitted).
(Source: P.A. 96‑7, eff. 4‑3‑09; text omitted.)

    (65 ILCS 120/5‑97)
    Sec. 5‑97. (Amendatory provisions; text omitted).
(Source: P.A. 96‑7, eff. 4‑3‑09; text omitted.)

    (65 ILCS 120/95‑98)
    Sec. 95‑98. (Amendatory provisions; text omitted).
(Source: P.A. 96‑7, eff. 4‑3‑09; text omitted.)

    (65 ILCS 120/95‑99)
    Sec. 95‑99. (Amendatory provisions; text omitted).
(Source: P.A. 96‑7, eff. 4‑3‑09; text omitted.)

    (65 ILCS 120/95‑100)
    Sec. 95‑100. (Amendatory provisions; text omitted).
(Source: P.A. 96‑7, eff. 4‑3‑09; text omitted.)