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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Professional Boxing Act is amended by | ||||||
5 | changing Sections 0.05, 1, 6, 7, 8, 10, 10.5, 11, 12, 13, 15, | ||||||
6 | 16, 17.9, 25.1, and 26 and by adding Sections 0.10 and 1.5 as | ||||||
7 | follows:
| ||||||
8 | (225 ILCS 105/0.05)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
10 | Sec. 0.05. Declaration of public policy. Professional | ||||||
11 | boxing
and other contests in the State of Illinois are
is
| ||||||
12 | hereby declared to affect the public health,
safety, and | ||||||
13 | welfare and to be subject to regulation and control in the | ||||||
14 | public
interest. It is further declared to be a matter of | ||||||
15 | public interest and concern
that boxing and other contests , as | ||||||
16 | defined in this Act, merit and receive the
confidence of the | ||||||
17 | public and that only qualified persons be authorized to
| ||||||
18 | participate in boxing and other contests in the State of
| ||||||
19 | Illinois. This Act shall be liberally construed to best carry | ||||||
20 | out these objects
and purposes.
| ||||||
21 | (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||||||
22 | (225 ILCS 105/0.10 new)
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| |||||||
1 | (Section scheduled to be repealed on January 1, 2012) | ||||||
2 | Sec. 0.10. References to Department or Director of | ||||||
3 | Professional Regulation. References in this Act (i) to the | ||||||
4 | Department of Professional Regulation are
deemed, in | ||||||
5 | appropriate contexts, to be references to the Department of | ||||||
6 | Financial and Professional Regulation
and (ii) to the Director | ||||||
7 | of Professional Regulation are
deemed, in appropriate | ||||||
8 | contexts, to be references to the Secretary of Financial and | ||||||
9 | Professional Regulation. | ||||||
10 | (225 ILCS 105/1.5 new) | ||||||
11 | Sec. 1.5. Exemption. This Act does not apply to any | ||||||
12 | organized sanctioning body or accredited school competing in | ||||||
13 | amateur kick-boxing, mixed martial arts, or boxing that is | ||||||
14 | approved by the Department.
| ||||||
15 | (225 ILCS 105/1) (from Ch. 111, par. 5001)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
17 | Sec. 1. Short title and definitions.
| ||||||
18 | (a) This Act may be cited as the Professional Boxing Act.
| ||||||
19 | (b) As used in this Act:
| ||||||
20 | 1. "Department" means the Department of Financial and
| ||||||
21 | Professional Regulation.
| ||||||
22 | 2. "Secretary"
"Director" means the Secretary
Director
| ||||||
23 | of Financial and Professional Regulation.
| ||||||
24 | 3. "Board" means the State Professional Boxing Board
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| |||||||
1 | appointed by the
Secretary
Director .
| ||||||
2 | 4. "License" means the license issued for boxing
| ||||||
3 | promoters,
contestants, or officials
in accordance with | ||||||
4 | this Act.
| ||||||
5 | 5. (Blank).
| ||||||
6 | 6. "Contest" means a
"Boxing Contests" include
| ||||||
7 | professional boxing , martial art, or mixed martial art | ||||||
8 | match or exhibition
matches
and exhibitions .
| ||||||
9 | 7. (Blank).
| ||||||
10 | 8. (Blank).
| ||||||
11 | 9. "Permit" means the authorization from the | ||||||
12 | Department to a
promoter
to conduct professional boxing
| ||||||
13 | contests.
| ||||||
14 | 10. "Promoter" means a person who is licensed and
who
| ||||||
15 | holds a permit to conduct professional boxing contests.
| ||||||
16 | 11. Unless the context indicates otherwise, "person" | ||||||
17 | includes
an
association, partnership, corporation, | ||||||
18 | gymnasium, or club.
| ||||||
19 | 12. (Blank).
| ||||||
20 | 13. (Blank).
"Ultimate fighting exhibition" has the | ||||||
21 | meaning given by
rule adopted
by the Department in | ||||||
22 | accordance with Section 7.5.
| ||||||
23 | 14. (Blank).
"Professional boxer" means a person | ||||||
24 | licensed by the
Department who
competes for a
money prize, | ||||||
25 | purse, or other type of compensation in a boxing contest,
| ||||||
26 | exhibition, or match held in
Illinois.
|
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| |||||||
1 | 15. "Judge" means a person licensed by the Department | ||||||
2 | who is
at ringside
during a boxing
match and who has the | ||||||
3 | responsibility of scoring the performance of the
| ||||||
4 | participants in the contest.
| ||||||
5 | 16. "Referee" means a person licensed by the Department | ||||||
6 | who
has the
general
supervision of
a boxing contest and is | ||||||
7 | present inside of the ring during the contest.
| ||||||
8 | 17. "Amateur" means a person who has never received or
| ||||||
9 | competed for any
purse or other
article of value, either | ||||||
10 | for participating in any boxing contest or for the
expenses | ||||||
11 | of training therefor,
other than a prize that does not | ||||||
12 | exceed $50 in value.
| ||||||
13 | 18. "Contestant" means a person licensed by the
| ||||||
14 | Department who
competes for a
money prize, purse, or other | ||||||
15 | type of compensation in a contest,
exhibition, or match | ||||||
16 | held in
Illinois
an individual who participates in a
boxing | ||||||
17 | contest .
| ||||||
18 | 19. "Second" means a person licensed by the Department | ||||||
19 | who is
present at any boxing
contest to provide assistance | ||||||
20 | or advice to a contestant
boxer during the contest.
| ||||||
21 | 20. "Matchmaker" means a person licensed by the | ||||||
22 | Department who
brings
together
contestants
professional | ||||||
23 | boxers or procures matches or contests for contestants
| ||||||
24 | professional
boxers .
| ||||||
25 | 21. "Manager" means a person licensed by the Department | ||||||
26 | who is
not a
promoter and
who, under contract, agreement, |
| |||||||
| |||||||
1 | or other arrangement with any contestant
boxer , undertakes
| ||||||
2 | to, directly or
indirectly, control or administer the | ||||||
3 | boxing affairs of contestants
boxers .
| ||||||
4 | 22. "Timekeeper" means a person licensed by the | ||||||
5 | Department who
is the
official timer of
the length of | ||||||
6 | rounds and the intervals between the rounds.
| ||||||
7 | 23. "Purse" means the financial guarantee or any other
| ||||||
8 | remuneration for
which contestants
are participating in a | ||||||
9 | boxing contest.
| ||||||
10 | 24. "Physician" means a person licensed to practice | ||||||
11 | medicine
in all its
branches under the Medical Practice Act | ||||||
12 | of 1987.
| ||||||
13 | 25. "Martial arts" means a discipline such as, but not | ||||||
14 | limited to, Karate, Kung Fu, Jujitsu, Muay Thai, Tae Kwon | ||||||
15 | Do, and Kick-boxing. | ||||||
16 | 26. "Mixed martial arts" means the use of a combination | ||||||
17 | of techniques from different disciplines of the martial | ||||||
18 | arts, including without limitation grappling, kicking, and | ||||||
19 | striking.
| ||||||
20 | (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||||||
21 | (225 ILCS 105/6) (from Ch. 111, par. 5006)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
23 | Sec. 6. Prohibitions. All boxing matches, contests , or | ||||||
24 | exhibits in which
physical contact is made including, but not | ||||||
25 | limited to, "ultimate fighting
exhibitions", are prohibited in |
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| |||||||
1 | Illinois unless authorized by the Department.
This provision | ||||||
2 | does not apply to the following:
| ||||||
3 | (1) Boxing contests or wrestling exhibitions conducted | ||||||
4 | by accredited
secondary schools, colleges or universities, | ||||||
5 | although a fee may be charged.
Institutions organized to | ||||||
6 | furnish instruction in athletics are not included in
this | ||||||
7 | exemption.
| ||||||
8 | (2) Amateur boxing matches sanctioned by the United | ||||||
9 | States Amateur Boxing
Federation, Inc. ,
or Golden Gloves of | ||||||
10 | America , or other amateur sanctioning body, as determined | ||||||
11 | by rule, and , amateur wrestling exhibitions ,
and amateur or | ||||||
12 | professional martial arts or kick boxing .
| ||||||
13 | (3) Amateur martial art matches sanctioned by a | ||||||
14 | sanctioning body approved by the Department, as determined | ||||||
15 | by rule. | ||||||
16 | (4) Martial art instruction conducted by a martial art | ||||||
17 | school and contests occurring within or amongst martial art | ||||||
18 | schools, provided that (i) the contestants do not receive | ||||||
19 | anything of value for participating other than an award, | ||||||
20 | trophy, other item of recognition, or a prize that does not | ||||||
21 | exceed $50 in value and (ii) no entrance fee is charged to | ||||||
22 | participate or watch the school contests.
| ||||||
23 | The Department shall have the authority to determine | ||||||
24 | whether a contest or exhibition is an exempt martial arts or | ||||||
25 | kick boxing event for purposes of this Section. In determining | ||||||
26 | whether a contest or exhibition is an exempt martial arts or |
| |||||||
| |||||||
1 | kick boxing event the Department shall consider, but not be | ||||||
2 | limited to, the following factors: | ||||||
3 | (i) whether the event is sanctioned by a body | ||||||
4 | independent of the promoters of the contest or exhibition; | ||||||
5 | (ii) whether the sanctioning body is exclusively or | ||||||
6 | primarily dedicated to advancing the sport of kick boxing | ||||||
7 | or martial arts; | ||||||
8 | (iii) whether the sanctioning body limits | ||||||
9 | participation in its events to its registered members; | ||||||
10 | (iv) whether the sanctioning body has a record of | ||||||
11 | enforcing the rules governing a contest or exhibition; | ||||||
12 | (v) the record for safety of the sanctioning body; | ||||||
13 | (vi) the record for safety of the promoters of the | ||||||
14 | contest or exhibition; | ||||||
15 | (vii) whether the promoter of the contest or exhibition | ||||||
16 | has a record of enforcing and abiding by the rules | ||||||
17 | governing a contest or exhibition; and | ||||||
18 | (viii) whether the rules for the contest or exhibition | ||||||
19 | provide substantially similar protections for the health, | ||||||
20 | safety and welfare of the contestants and spectators as | ||||||
21 | this Act and its rules.
| ||||||
22 | (Source: P.A. 93-978, eff. 8-20-04.)
| ||||||
23 | (225 ILCS 105/7) (from Ch. 111, par. 5007)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
25 | Sec. 7. In order to conduct a boxing contest
in this State, |
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| |||||||
1 | a promoter shall obtain a permit issued by the Department
in | ||||||
2 | accordance with this Act and the rules and regulations adopted | ||||||
3 | pursuant
thereto. This permit shall authorize one or more | ||||||
4 | contests or exhibitions.
A permit issued under this Act is not | ||||||
5 | transferable.
| ||||||
6 | (Source: P.A. 92-499, eff. 1-1-02.)
| ||||||
7 | (225 ILCS 105/8) (from Ch. 111, par. 5008)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
9 | Sec. 8. Permits.
| ||||||
10 | (a) A promoter who desires to obtain a permit to conduct a | ||||||
11 | boxing
contest shall apply to the Department at least 20 days | ||||||
12 | prior to the
event,
in writing, on forms furnished by the | ||||||
13 | Department. The application shall
be accompanied by the | ||||||
14 | required fee and shall
contain at least the following | ||||||
15 | information:
| ||||||
16 | (1) the names and addresses of the promoter;
| ||||||
17 | (2) the name of the matchmaker;
| ||||||
18 | (3) the time and exact location of the
boxing contest;
| ||||||
19 | (4) the seating
capacity of the building where the | ||||||
20 | event is to be held;
| ||||||
21 | (5) a copy of the
lease or proof of ownership of the | ||||||
22 | building where the event is to be held;
| ||||||
23 | (6) the admission
charge or charges to be made; and
| ||||||
24 | (7) proof of adequate security measures and adequate | ||||||
25 | medical
supervision, as determined by Department rule, to |
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| |||||||
1 | ensure the protection of the
health and safety of the | ||||||
2 | general public while attending boxing contests and the
| ||||||
3 | contestants' safety while participating in the events and | ||||||
4 | any other information
that the Department may determine by | ||||||
5 | rule in order to issue a permit.
| ||||||
6 | (b) After the initial application and within 10 days of a | ||||||
7 | scheduled event,
a promoter shall submit to the Department all | ||||||
8 | of the following information:
| ||||||
9 | (1) The amount of compensation to be paid to each | ||||||
10 | participant.
| ||||||
11 | (2) The names of the contestants.
| ||||||
12 | (3) Proof of insurance for not less than $50,000
| ||||||
13 | $10,000 for each contestant
participating in a boxing
| ||||||
14 | contest or exhibition.
| ||||||
15 | Insurance required under this subsection shall cover (i)
| ||||||
16 | hospital, medication, physician, and other such expenses as | ||||||
17 | would
accrue in the treatment of an injury as a result of the | ||||||
18 | boxing contest or
exhibition and (ii) payment to the estate of | ||||||
19 | the contestant in the event of
his or her death as a result
of | ||||||
20 | his or her participation in the boxing contest or exhibition.
| ||||||
21 | (c) All boxing promoters shall provide to the Department, | ||||||
22 | at least 24 hours
prior
to commencement of the event, the | ||||||
23 | amount of the purse to be paid for the event.
The Department | ||||||
24 | shall promulgate rules for payment of the purse.
| ||||||
25 | (d) The boxing contest shall be held in an area where | ||||||
26 | adequate neurosurgical
facilities are immediately available |
| |||||||
| |||||||
1 | for skilled emergency treatment of an
injured contestant
boxer .
| ||||||
2 | It is the responsibility of the promoter to ensure that the | ||||||
3 | building to be used
for the event complies with all laws, | ||||||
4 | ordinances, and regulations in the city,
town, or village where | ||||||
5 | the boxing contest is to be held.
The Department may issue a | ||||||
6 | permit to any promoter who meets the requirements of
this Act
| ||||||
7 | and the rules. The permit shall only be issued for a specific | ||||||
8 | date and location
of a boxing contest and
shall not be | ||||||
9 | transferable.
In an emergency, the Department may allow a | ||||||
10 | promoter to amend a permit
application to hold a boxing contest | ||||||
11 | in a different
location than the
application specifies and may | ||||||
12 | allow the promoter to substitute contestants.
| ||||||
13 | (e) The Department shall be responsible for assigning the | ||||||
14 | judges
judge ,
timekeepers, referees, physicians
physician , and | ||||||
15 | medical personnel for a boxing contest.
It shall be the | ||||||
16 | responsibility of the promoter to cover the cost of the
| ||||||
17 | individuals utilized at a boxing contest.
| ||||||
18 | (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||||||
19 | (225 ILCS 105/10) (from Ch. 111, par. 5010)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
21 | Sec. 10. Who must be licensed. In order to participate in | ||||||
22 | boxing
contests the following persons
must each be licensed and | ||||||
23 | in good standing with the Department: (a) promoters,
(b) | ||||||
24 | contestants, (c) seconds, (d) referees, (e) judges, (f) | ||||||
25 | managers, (g)
matchmakers, and (h) timekeepers.
|
| |||||||
| |||||||
1 | Announcers may participate in boxing contests
without | ||||||
2 | being licensed under this Act. It shall be the responsibility | ||||||
3 | of
the promoter to ensure that announcers comply
with the Act, | ||||||
4 | and all rules and regulations promulgated pursuant to this
Act.
| ||||||
5 | A licensed promoter may not act as, and cannot be licensed | ||||||
6 | as, a second,
contestant
boxer , referee, timekeeper, judge, or | ||||||
7 | manager. If he or she is so licensed, he
or she must relinquish | ||||||
8 | any of these licenses to the Department for
cancellation.
A | ||||||
9 | person possessing a valid
promoter's license may act as a | ||||||
10 | matchmaker.
| ||||||
11 | (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||||||
12 | (225 ILCS 105/10.5)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
14 | Sec. 10.5. Unlicensed practice; violation; civil penalty.
| ||||||
15 | (a) Any person who practices, offers to practice, attempts | ||||||
16 | to practice, or
holds oneself out to practice as a promoter, | ||||||
17 | professional boxer,
contestant, second, referee,
judge, | ||||||
18 | manager, matchmaker, or timekeeper without being
licensed | ||||||
19 | under this Act
shall, in
addition to any other penalty provided | ||||||
20 | by law, pay a civil penalty to the
Department in an amount not | ||||||
21 | to exceed $5,000 for each offense as determined by
the | ||||||
22 | Department. The civil penalty shall be assessed by the | ||||||
23 | Department after a
hearing is held in accordance with the | ||||||
24 | provisions set forth in this Act
regarding the provision of a | ||||||
25 | hearing for the discipline of a licensee.
|
| |||||||
| |||||||
1 | (b) The Department has the authority and power to | ||||||
2 | investigate any and all
unlicensed activity.
| ||||||
3 | (c) The civil penalty shall be paid within 60 days after | ||||||
4 | the effective date
of the order imposing the civil penalty. The | ||||||
5 | order shall constitute a judgment
and may be filed and | ||||||
6 | execution had thereon in the same manner as any judgment
from | ||||||
7 | any court of record.
| ||||||
8 | (Source: P.A. 91-408, eff. 1-1-00.)
| ||||||
9 | (225 ILCS 105/11) (from Ch. 111, par. 5011)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
11 | Sec. 11. Qualifications for license. The Department shall | ||||||
12 | grant
licenses to the following persons
if the following | ||||||
13 | qualifications are met:
| ||||||
14 | (A) An applicant for licensure as a contestant in a boxing
| ||||||
15 | contest must:
(1) be 18 years old, (2) be of good moral | ||||||
16 | character, (3) file an application
stating
the applicant's | ||||||
17 | correct name (and no assumed or ring name may be used
unless | ||||||
18 | such name is registered with the Department along with the | ||||||
19 | applicant's
correct name), date and place of birth, place of | ||||||
20 | current residence, and a
sworn statement that he is not | ||||||
21 | currently in violation of any federal, State or
local laws or | ||||||
22 | rules governing
boxing , martial arts, or mixed martial arts , | ||||||
23 | (4) file a certificate of a physician licensed to practice | ||||||
24 | medicine
in all of its branches which attests that the | ||||||
25 | applicant is physically fit
and qualified to participate in |
| |||||||
| |||||||
1 | boxing contests, and (5) pay
the required fee
and meet any | ||||||
2 | other requirements.
Applicants over age 35 who have not | ||||||
3 | competed in a contest within the
last 36
months may be required | ||||||
4 | to appear before the Board to determine their fitness to
| ||||||
5 | participate in a contest. A picture identification card shall | ||||||
6 | be issued to
all
contestants
boxers
licensed by the Department
| ||||||
7 | who are residents of
Illinois or who are residents of any | ||||||
8 | jurisdiction, state, or country that does
not regulate | ||||||
9 | professional boxing , martial arts, or mixed martial arts . The | ||||||
10 | identification card shall be
presented to the
Department or its | ||||||
11 | representative upon request at weigh-ins.
| ||||||
12 | (B) An applicant for licensure as a boxing referee, judge,
| ||||||
13 | manager, second, matchmaker, or timekeeper must: (1) be of good
| ||||||
14 | moral character, (2) file
an application stating the | ||||||
15 | applicant's name, date and place of birth, and
place of current | ||||||
16 | residence along with a certifying statement that
he is not
| ||||||
17 | currently in violation of any federal, State, or local laws or | ||||||
18 | rules
governing
boxing , martial arts, or mixed martial arts , | ||||||
19 | (3) have had satisfactory experience in his field, (4) pay the
| ||||||
20 | required fee, and (5) meet any other requirements as determined | ||||||
21 | by rule.
| ||||||
22 | (C) An applicant for licensure as a boxing promoter must: | ||||||
23 | (1) be of good
moral character, (2) file an application with | ||||||
24 | the Department stating the
applicant's name, date and place of | ||||||
25 | birth, place of current residence along
with
a certifying | ||||||
26 | statement that he is not currently in violation of any federal,
|
| |||||||
| |||||||
1 | State, or local laws or rules governing boxing , martial arts, | ||||||
2 | or mixed martial arts , (3) provide proof of a surety
bond
of no | ||||||
3 | less than $5,000 to cover financial obligations pursuant to | ||||||
4 | this Act,
payable to the Department and conditioned for the | ||||||
5 | payment of the tax imposed by
this Act and compliance with this | ||||||
6 | Act and the rules promulgated pursuant to
this
Act,
(4) provide | ||||||
7 | a financial statement, prepared by a certified public | ||||||
8 | accountant,
showing
liquid working capital of $10,000 or more, | ||||||
9 | or a $10,000 performance bond
guaranteeing payment of all | ||||||
10 | obligations relating to the promotional activities,
and (5) pay | ||||||
11 | the required fee and meet any other requirements.
| ||||||
12 | In determining good moral character, the Department may | ||||||
13 | take into
consideration any violation of any of the provisions | ||||||
14 | of Section 16 of this
Act and any felony conviction of the | ||||||
15 | applicant, but such a conviction shall
not
operate as a bar to | ||||||
16 | licensure. No license issued under this Act is
transferable.
| ||||||
17 | The Department may issue temporary licenses as provided
by | ||||||
18 | rule.
| ||||||
19 | (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||||||
20 | (225 ILCS 105/12) (from Ch. 111, par. 5012)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
22 | Sec. 12. Contests. Each boxing contestant shall be examined
| ||||||
23 | before entering the
ring and immediately after each contest by | ||||||
24 | a physician
licensed to practice
medicine in all of its | ||||||
25 | branches. The physician
shall determine, prior to
the contest, |
| |||||||
| |||||||
1 | if each contestant is physically fit to engage in the contest.
| ||||||
2 | After the contest the physician shall examine the contestant to
| ||||||
3 | determine
possible injury. If the contestant's physical | ||||||
4 | condition so indicates, the
physician shall recommend to the | ||||||
5 | Department immediate medical suspension.
The physician may, at | ||||||
6 | any time during the contest, stop the contest to
examine a | ||||||
7 | contestant
boxer , and terminate the contest when, in the | ||||||
8 | physician's opinion,
continuing the contest could result in | ||||||
9 | serious injury to the contestant
boxer . The
physician shall | ||||||
10 | certify to the condition of the contestant in writing, over
his | ||||||
11 | signature on blank forms provided by the Department. Such | ||||||
12 | reports shall
be submitted to the Department in a timely | ||||||
13 | manner. The physician shall be
paid by the promoter a fee fixed | ||||||
14 | by the Department. No boxing contest shall
be held unless a | ||||||
15 | physician licensed to practice medicine in all of its branches
| ||||||
16 | is in attendance.
| ||||||
17 | No contest shall be allowed to begin unless
at least one | ||||||
18 | physician and 2 trained paramedics or 2 nurses who are trained
| ||||||
19 | to administer emergency medical care and at least one ambulance | ||||||
20 | dedicated solely for the care of contestants are present.
| ||||||
21 | No boxing contest shall be more than 12 rounds in length. | ||||||
22 | The rounds
shall not
be more than 3 minutes each with a one | ||||||
23 | minute interval between them, and
no boxer shall be allowed to | ||||||
24 | participate in more than 12 rounds
within
72 consecutive hours. | ||||||
25 | The number and length for all other contests shall be | ||||||
26 | established by rule. At each boxing contest there shall be a |
| |||||||
| |||||||
1 | referee in
attendance who shall direct and control the contest. | ||||||
2 | The referee, before
each contest, shall learn the name of the | ||||||
3 | contestant's chief second and
shall hold the chief second | ||||||
4 | responsible for the conduct of his assistant
during the | ||||||
5 | progress of the contest.
| ||||||
6 | There shall be 2 judges in attendance at all boxing | ||||||
7 | contests who shall render a decision at the
end of each | ||||||
8 | contest. The decision of the judges, taken together with the | ||||||
9 | decision
of the referee, is final; or, 3 judges shall score the | ||||||
10 | contest with the
referee not scoring. The method of scoring | ||||||
11 | shall be set forth in rules. The number of judges required and | ||||||
12 | the manner of scoring for all other contests shall be set by | ||||||
13 | rule.
| ||||||
14 | Judges, referees, or timekeepers for contests shall be
| ||||||
15 | assigned by the Department. The Department or its | ||||||
16 | representative shall have
discretion to declare
a price, | ||||||
17 | remuneration,
or purse or any part of it belonging to the | ||||||
18 | contestant withheld if in the
judgment of the Department or its | ||||||
19 | representative the contestant
is not honestly competing.
The | ||||||
20 | Department shall have the authority to prevent a contest or | ||||||
21 | exhibition
from being held and shall have the authority to stop | ||||||
22 | a contest
fight for noncompliance
with any part of this Act or | ||||||
23 | rules or when, in the judgment of the Department,
or its | ||||||
24 | representative, continuation of the event would endanger the | ||||||
25 | health,
safety, and welfare of the contestants or spectators. | ||||||
26 | The Department's authority to stop a fight contest or |
| |||||||
| |||||||
1 | exhibition on the basis that the contest
fight would endanger | ||||||
2 | the health, safety, and welfare of the contestants or | ||||||
3 | spectators shall extend to any fight contest or exhibition , | ||||||
4 | regardless of whether that fight contest or exhibition is | ||||||
5 | exempted from the prohibition in Section 6 of this Act.
| ||||||
6 | (Source: P.A. 92-499, eff. 1-1-02; 93-978, eff. 8-20-04.)
| ||||||
7 | (225 ILCS 105/13) (from Ch. 111, par. 5013)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
9 | Sec. 13. Tickets; tax. Tickets to boxing contests ,
other | ||||||
10 | than a boxing contest conducted at premises
with an indoor | ||||||
11 | seating
capacity of more than 17,000, shall be printed in such | ||||||
12 | form as
the Department shall prescribe. A certified inventory | ||||||
13 | of all
tickets printed
for any boxing contest shall be mailed | ||||||
14 | to the Department by the
promoter
not less
than 7 days before | ||||||
15 | the boxing contest. The total number of
tickets
printed shall | ||||||
16 | not exceed the total seating capacity of the premises in which
| ||||||
17 | the boxing contest is to be held. No tickets of admission to | ||||||
18 | any
boxing contest ,
other than a boxing contest conducted at | ||||||
19 | premises
with an indoor seating
capacity of more than 17,000,
| ||||||
20 | shall be sold except those declared on an
official ticket | ||||||
21 | inventory as described in this Section.
| ||||||
22 | A promoter who conducts a boxing contest under this
Act ,
| ||||||
23 | other than a boxing contest conducted at premises
with an | ||||||
24 | indoor seating
capacity of more than 17,000, shall, within 24 | ||||||
25 | hours after a boxing contest: (1)
furnish to the Department a |
| |||||||
| |||||||
1 | written report verified by the promoter or his
authorized | ||||||
2 | designee showing the number of tickets sold for the boxing
| ||||||
3 | contest or the
actual ticket stubs of tickets sold and the
| ||||||
4 | amount of the gross proceeds thereof; and (2) pay to the | ||||||
5 | Department a tax
of 3%
10% of the first $500,000 of gross | ||||||
6 | receipts
from the sale of admission tickets, to be placed in | ||||||
7 | the General Revenue Fund.
| ||||||
8 | (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||||||
9 | (225 ILCS 105/15) (from Ch. 111, par. 5015)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
11 | Sec. 15. Inspectors. The Director may appoint boxing
| ||||||
12 | inspectors to
assist the Department staff in the administration | ||||||
13 | of the Act.
Each inspector
boxing instructor appointed
by the
| ||||||
14 | Director shall receive
compensation
for each day he or she is | ||||||
15 | engaged in the transacting of
business of the Department.
Each | ||||||
16 | inspector shall carry a card issued by the Department to | ||||||
17 | authorize
him or her to act in such capacity. The inspector or | ||||||
18 | inspectors shall
supervise
each contest to ensure that the | ||||||
19 | provisions of the Act are
strictly enforced.
The inspectors | ||||||
20 | shall also be present at the counting of the gross receipts
and | ||||||
21 | shall immediately deliver to the Department the official box | ||||||
22 | office
statement as required by Section 13.
| ||||||
23 | (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||||||
24 | (225 ILCS 105/16) (from Ch. 111, par. 5016)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
2 | Sec. 16. Discipline and sanctions.
| ||||||
3 | (a) The Department may refuse to issue a
permit or license, | ||||||
4 | refuse to renew, suspend, revoke,
reprimand, place on
| ||||||
5 | probation, or take such other disciplinary action as the | ||||||
6 | Department may
deem proper, including the imposition of fines | ||||||
7 | not to exceed $5,000 for
each violation, with regard to any | ||||||
8 | license for one
or
any combination of the following reasons:
| ||||||
9 | (1) gambling, betting , or wagering on the result of or | ||||||
10 | a
contingency connected
with a boxing contest or permitting | ||||||
11 | such activity to
take place;
| ||||||
12 | (2) participating in or permitting a sham or fake | ||||||
13 | boxing
contest;
| ||||||
14 | (3) holding the boxing contest at any other time or
| ||||||
15 | place than
is stated
on the permit application;
| ||||||
16 | (4) permitting any contestant other than those
stated | ||||||
17 | on the
permit application to participate in a boxing
| ||||||
18 | contest, except as provided
in Section 9;
| ||||||
19 | (5) violation or aiding in the violation of any of the
| ||||||
20 | provisions of this
Act or any rules or regulations | ||||||
21 | promulgated thereto;
| ||||||
22 | (6) violation of any federal, State or local laws of | ||||||
23 | the
United States or other jurisdiction governing boxing
| ||||||
24 | contests or any regulation
promulgated pursuant thereto;
| ||||||
25 | (7) charging a greater rate or rates of admission than | ||||||
26 | is
specified on the permit application;
|
| |||||||
| |||||||
1 | (8) failure to obtain all the necessary permits,
| ||||||
2 | registrations, or licenses as required under this Act;
| ||||||
3 | (9) failure to file the necessary bond or to pay the | ||||||
4 | gross
receipts
tax as required by this Act;
| ||||||
5 | (10) engaging in dishonorable, unethical or | ||||||
6 | unprofessional
conduct
of a character likely to deceive, | ||||||
7 | defraud or harm the public, or which
is detrimental to | ||||||
8 | honestly conducted boxing contests;
| ||||||
9 | (11) employment of fraud, deception or any unlawful | ||||||
10 | means in
applying
for or securing a permit or license under | ||||||
11 | this
Act;
| ||||||
12 | (12) permitting a physician making the physical | ||||||
13 | examination
to
knowingly certify falsely to the physical | ||||||
14 | condition of a contestant;
| ||||||
15 | (13) permitting contestants of widely disparate | ||||||
16 | weights or
abilities
to engage in boxing contests;
| ||||||
17 | (14) participating in a contest as a contestant
boxing
| ||||||
18 | while under medical suspension in this State or
in
any | ||||||
19 | other
state, territory or country;
| ||||||
20 | (15) physical illness, including, but not limited to,
| ||||||
21 | deterioration
through the aging process, or loss of motor | ||||||
22 | skills which results in the
inability to participate in | ||||||
23 | boxing contests with
reasonable judgment,
skill, or | ||||||
24 | safety;
| ||||||
25 | (16) allowing one's license or permit issued
under
this | ||||||
26 | Act to be used by another person;
|
| |||||||
| |||||||
1 | (17) failing, within a reasonable time, to provide any
| ||||||
2 | information
requested by the Department as a result of a | ||||||
3 | formal or informal
complaint;
| ||||||
4 | (18) professional incompetence;
| ||||||
5 | (19) failure to file a return, or to pay the tax, | ||||||
6 | penalty or
interest
shown in a filed return, or to pay any | ||||||
7 | final assessment of tax, penalty or
interest, as required | ||||||
8 | by any tax Act administered by the Illinois
Department of | ||||||
9 | Revenue, until such time as the requirements of any such | ||||||
10 | tax
Act are satisfied;
| ||||||
11 | (20) (blank);
holding or promoting an ultimate | ||||||
12 | fighting exhibition, or
participating
in an ultimate | ||||||
13 | fighting exhibition as a promoter, contestant,
referee,
| ||||||
14 | judge, scorer, manager, trainer, announcer, or timekeeper;
| ||||||
15 | (21) habitual or excessive use or addiction to alcohol, | ||||||
16 | narcotics,
stimulants, or any other
chemical agent or drug | ||||||
17 | that results in an inability to participate in an
event; or
| ||||||
18 | (22) failure to stop a contest or exhibition when | ||||||
19 | requested to do so by
the Department.
| ||||||
20 | (b) The determination by a circuit court that a licensee is | ||||||
21 | subject to
involuntary admission or
judicial admission as | ||||||
22 | provided in the Mental Health and Developmental
Disabilities | ||||||
23 | Code operates as
an automatic suspension. The suspension will | ||||||
24 | end only upon a finding by a court
that the licensee is no
| ||||||
25 | longer subject to involuntary admission or judicial admission, | ||||||
26 | issuance of an
order so finding and
discharging the licensee, |
| |||||||
| |||||||
1 | and upon the recommendation of the Board to the
Director that | ||||||
2 | the licensee
be allowed to resume his or her practice.
| ||||||
3 | (c) In enforcing this Section, the Board, upon a showing of | ||||||
4 | a possible
violation,
may compel any
individual licensed to | ||||||
5 | practice under this Act, or who has
applied for licensure | ||||||
6 | pursuant to this Act, to submit to a mental or physical
| ||||||
7 | examination, or both, as required
by and at the expense of the | ||||||
8 | Department. The examining physicians or clinical
psychologists | ||||||
9 | shall be
those specifically designated by the Board. The Board | ||||||
10 | or the Department may
order the examining
physician or clinical | ||||||
11 | psychologist to present testimony concerning this mental
or | ||||||
12 | physical examination
of the licensee or applicant. No | ||||||
13 | information shall be excluded
by
reason of any common
law or | ||||||
14 | statutory privilege relating to communications between the | ||||||
15 | licensee or applicant
and the examining physician or clinical | ||||||
16 | psychologist. Eye examinations may be
provided by a
licensed | ||||||
17 | and certified therapeutic optometrist. The individual to be | ||||||
18 | examined
may have, at his or her
own expense, another physician | ||||||
19 | of his or her choice present during all aspects
of the | ||||||
20 | examination.
Failure of any individual to submit to a mental or | ||||||
21 | physical examination, when
directed, shall be
grounds for | ||||||
22 | suspension of a license until such time as the individual | ||||||
23 | submits
to the examination if the
Board finds, after notice and | ||||||
24 | hearing, that the refusal to submit to the
examination was | ||||||
25 | without
reasonable cause.
| ||||||
26 | (d) If the Board finds an individual unable to practice |
| |||||||
| |||||||
1 | because of the
reasons
set forth in this
Section, the Board | ||||||
2 | shall require the individual to submit to care, counseling,
or | ||||||
3 | treatment by
physicians or clinical psychologists approved or | ||||||
4 | designated by the Board, as a
condition, term, or
restriction | ||||||
5 | for continued, reinstated, or renewed licensure, or
in lieu of | ||||||
6 | care,
counseling, or treatment, the Board may recommend to the | ||||||
7 | Department to file a
complaint to
immediately suspend, revoke, | ||||||
8 | or otherwise discipline the license of the individual. Any
| ||||||
9 | individual whose license was granted pursuant to this Act,
or
| ||||||
10 | continued, reinstated,
renewed, disciplined, or supervised, | ||||||
11 | subject to such conditions, terms, or
restrictions, who shall | ||||||
12 | fail to
comply with such conditions, terms, or restrictions, | ||||||
13 | shall be referred to the
Director for a
determination as to | ||||||
14 | whether the individual shall have his or her license suspended
| ||||||
15 | immediately, pending a hearing by the Board.
| ||||||
16 | (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||||||
17 | (225 ILCS 105/17.9)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
19 | Sec. 17.9. Summary suspension of a license. The Director
| ||||||
20 | may summarily
suspend a license without a hearing if the | ||||||
21 | Director finds that evidence in
the
Director's possession
| ||||||
22 | indicates that the continuation of practice would constitute an | ||||||
23 | imminent
danger to the public , participants, including any | ||||||
24 | contest officials, or the
individual involved or cause harm to | ||||||
25 | the profession . If the Director summarily suspends the
license
|
| |||||||
| |||||||
1 | without a hearing, a hearing must be commenced within 30 days | ||||||
2 | after the
suspension has occurred
and concluded as | ||||||
3 | expeditiously as practical.
| ||||||
4 | (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||||||
5 | (225 ILCS 105/25.1)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
7 | Sec. 25.1. Medical Suspension. A licensee who is determined | ||||||
8 | by the
examining
physician to
be unfit to compete or officiate | ||||||
9 | shall be immediately suspended until it is
shown that he or she | ||||||
10 | is fit for
further competition or officiating. If the licensee | ||||||
11 | disagrees with a medical
suspension set at the
discretion of | ||||||
12 | the ringside physician, he or she may request a hearing to show
| ||||||
13 | proof of fitness. The
hearing shall be provided at the earliest | ||||||
14 | opportunity after the Department
receives a written request
| ||||||
15 | from the licensee.
| ||||||
16 | If the referee has rendered a decision of technical | ||||||
17 | knockout against a boxing
contestant or if
the contestant is | ||||||
18 | knocked out other than by a blow to the head, the boxing
| ||||||
19 | contestant shall be
immediately suspended for a period of not | ||||||
20 | less than 30 days. In a mixed martial art contest, if the | ||||||
21 | contestant has tapped out or has submitted, the referee shall | ||||||
22 | stop the contest and the ringside physician shall determine the | ||||||
23 | length of suspension.
| ||||||
24 | If the boxing contestant has been knocked out by a blow to | ||||||
25 | the head, he or
she shall be
suspended immediately for a period |
| |||||||
| |||||||
1 | of not less than 45 days.
| ||||||
2 | Prior to reinstatement, any boxing contestant suspended | ||||||
3 | for his or her
medical protection shall
satisfactorily pass a | ||||||
4 | medical examination upon the direction of the
Department. The | ||||||
5 | examining
physician may require any necessary medical | ||||||
6 | procedures during the
examination.
| ||||||
7 | (Source: P.A. 91-408, eff. 1-1-00.)
| ||||||
8 | (225 ILCS 105/26) (from Ch. 111, par. 5026)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
10 | Sec. 26. Home rule pre-emption. It is declared to be the | ||||||
11 | public policy
of this State, pursuant to subsection (h) of
| ||||||
12 | Section 6 of Article VII of the Illinois Constitution of 1970, | ||||||
13 | that any power
or function set forth in this Act to be | ||||||
14 | exercised by the State , including the
regulation of ultimate | ||||||
15 | fighting exhibitions, is an exclusive State power or
function. | ||||||
16 | Such power or function shall not be exercised concurrently, | ||||||
17 | either
directly or indirectly, by any unit of local government, | ||||||
18 | including home rule
units, except as otherwise provided in this | ||||||
19 | Act.
| ||||||
20 | (Source: P.A. 89-578, eff. 7-30-96.)
| ||||||
21 | (225 ILCS 105/7.5 rep.)
| ||||||
22 | Section 10. The Professional Boxing Act is amended by | ||||||
23 | repealing Section 7.5.
|