HB2856 100TH GENERAL ASSEMBLY

LRB100 10434 SMS 20643 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2856

Introduced , by Rep. Joe Sosnowski

SYNOPSIS AS INTRODUCED:

225 ILCS 105/1	from Ch. 111, par. 5001
225 ILCS 105/6	from Ch. 111, par. 5006
225 ILCS 105/8.5 new

Amends the Boxing and Full-contact Martial Arts Act. Changes the definition of "amateur" to allow the person to receive a stipend for an athletic club or sponsor of the contestant to cover the cost of training and participation expenses not to exceed $1,500. Provides that "full-contact martial arts" includes, but is not limited to, mixed martial arts and kickboxing techniques. Defines "incumbent sanctioning body". Exempts the following from oversight by the Department of Professional and Financial Regulation: (1) amateur boxing or full-contact martial arts contests that occur in facilities owned, operated, or managed by a State, county, or local public entity and are conducted by a sanctioning body and (2) amateur boxing, martial arts, or full-contact martial arts contests that are sponsored by a not-for-profit organization and conducted by a sanctioning body. Requires the sponsor of a qualified contest exempt from Department oversight to notify the Department of its intent to sponsor events. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Boxing and Full-contact Martial Arts Act is amended by changing Sections 1 and 6 and adding Section 8.5 as follows:

(225 ILCS 105/1) (from Ch. 111, par. 5001)

(Section scheduled to be repealed on January 1, 2022)

Sec. 1. Short title and definitions.

(a) This Act may be cited as the Boxing and Full-contact Martial Arts Act.

(b) As used in this Act:

"Department" means the Department of Financial and Professional Regulation.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Board" means the State of Illinois Athletic Board established pursuant to this Act.

"License" means the license issued for promoters, professionals, or officials in accordance with this Act.

"Professional contest" means a boxing or full-contact martial arts competition in which all of the participants competing against one another are professionals and where the public is able to attend or a fee is charged.

"Permit" means the authorization from the Department to a promoter to conduct professional or amateur contests, or a combination of both.

"Promoter" means a person who is licensed and who holds a permit to conduct professional or amateur contests, or a combination of both.

Unless the context indicates otherwise, "person" includes, but is not limited to, an individual, association, organization, business entity, gymnasium, or club.

"Judge" means a person licensed by the Department who is located at ringside or adjacent to the fighting area during a professional contest and who has the responsibility of scoring the performance of the participants in that professional contest.

"Referee" means a person licensed by the Department who has the general supervision of and is present inside of the ring or fighting area during a professional contest.

"Amateur" means a person registered by the Department who is not competing for, and has never received or competed for, any purse or other article of value, directly or indirectly, either for participating in any contest covered by this Act or for the expenses of training therefor, other than a non-monetary prize that does not exceed $50 in value or a stipend for an athletic club or sponsor of the contestant to cover the cost of training and participation expenses not to exceed $1,500.

"Professional" means a person licensed by the Department who competes for a money prize, purse, or other type of compensation in a professional contest held in Illinois.

"Second" means a person licensed by the Department who is present at any professional contest to provide assistance or advice to a professional during the contest.

"Matchmaker" means a person licensed by the Department who brings together professionals to compete in contests.

"Manager" means a person licensed by the Department who is not a promoter and who, under contract, agreement, or other arrangement, undertakes to, directly or indirectly, control or administer the affairs of professionals.

"Timekeeper" means a person licensed by the Department who is the official timer of the length of rounds and the intervals between the rounds.

"Purse" means the financial guarantee or any other remuneration for which contestants are participating in a professional contest.

"Physician" means a person licensed to practice medicine in all its branches under the Medical Practice Act of 1987.

"Martial arts" means a discipline or combination of different disciplines that utilizes sparring techniques without the intent to injure, disable, or incapacitate one's opponent, such as, but not limited to, Karate, Kung Fu, Judo, Jujutsu, Tae Kwon Do, and Kyuki-Do.

"Full-contact martial arts" means the use of a singular discipline or a combination of techniques, including, but not limited to, mixed martial arts and kickboxing, from different disciplines of the martial arts, including, without limitation, full-force grappling, kicking, and striking with the intent to injure, disable, or incapacitate one's opponent.

"Amateur contest" means a boxing or full-contact martial arts competition in which all of the participants competing against one another are amateurs and where the public is able to attend or a fee is charged.

"Contestant" means a person who competes in either a boxing or full-contact martial arts contest.

"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file, license file, or registration file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department.

"Bout" means one match between 2 contestants.

"Sanctioning body" means an organization approved by the Department under the requirements and standards stated in this Act and the rules adopted under this Act to act as a governing body that sanctions professional or amateur contests.

"Incumbent sanctioning body" means an organization that notifies the Department in writing that it is a recognized sanctioning body in more than 10 American states.

(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11; 97-1123, eff. 8-27-12.)

(225 ILCS 105/6) (from Ch. 111, par. 5006)

(Section scheduled to be repealed on January 1, 2022)

Sec. 6. Restricted contests and events.

(a) All professional and amateur contests, or a combination of both, in which physical contact is made are prohibited in Illinois unless authorized by the Department pursuant to the requirements and standards stated in this Act and the rules adopted pursuant to this Act. This subsection (a) does not apply to any of the following qualified contests:

(1) Amateur boxing or full-contact martial arts contests conducted by accredited secondary schools, colleges, or universities, although a fee may be charged.

(2) Amateur boxing contests that are sanctioned by USA Boxing or any other sanctioning organization approved by the Association of Boxing Commissions.

(3) Amateur boxing or full-contact martial arts contests that: (A) occur in facilities owned, operated, or managed conducted by a State, county, or local public municipal entity, as defined in the Local Governmental and Governmental Employees Tort Immunity Act; and (B) are conducted by a sanctioning body approved under this Act.

(4) Amateur martial arts contests that are not defined as full-contact martial arts contests under this Act, including, but not limited to, Karate, Kung Fu, Judo, Jujutsu, Tae Kwon Do, and Kyuki-Do.

(5) Full-contact martial arts contests, as defined by this Act, that are recognized by the International Olympic Committee or are contested in the Olympic Games and are not conducted in an enclosed fighting area or ring.

(6) Amateur boxing, martial arts, or full-contact martial arts contests that are sponsored by a not-for-profit organization and conducted by a sanctioning body approved under this Act.

No other amateur boxing or full-contact martial arts contests shall be permitted unless authorized by the Department.

(b) The Department shall have the authority to determine whether a professional or amateur contest is exempt for purposes of this Section.

(c) The sponsor of a qualified contest exempt under subsection (a) is exempt from Department oversight, but shall notify the Department of its intent to sponsor events covered under this Act.

(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11; 97-1123, eff. 8-27-12.)

(225 ILCS 105/8.5 new)

Sec. 8.5. Sanctioning bodies. A sanctioning body must apply for approved status with the Department. Within 15 business days of an application, the Department must send written correspondence to the applicant of the procedures required for its approval or disapproval, including at least 2 meetings of the Board for the review of the application. The correspondence must include, but is not limited to, dates for board meetings, required amendments to the application for compliance, and paperwork filing requirements. The approval process may not exceed 4 months from the date the applicant filed for approved status.

An incumbent sanctioning body that is registered by the Department shall have all the rights and privileges of a sanctioning body as defined in this Act.

Notwithstanding this Section, all authority given to the Department and the Board to review and deny a sanctioning body for violations of health and safety standards covered within this Act apply.

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