SB2001 97TH GENERAL ASSEMBLY

LRB097 09941 CEL 50106 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2001

Introduced 2/10/2011, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

See Index

Amends the Professional Boxing Act. Changes the short title to the Boxing and Full-contact Martial Arts Act. Provides that all professional and amateur contests, or combination of both, are prohibited unless authorized by the Department, unless one of the exemption applies. Provides that compensation for professional contests shall be determined by the Department and it shall be the promoters that pay the compensation. Requires a person to register as an amateur with the Department before competing in an amateur contest and provides requirements for an applicant to register as an amateur in a full-contact martial arts contest. Increases the civil penalty to $10,000 from $5,000 for anyone who violates the licensing provisions of the Act. Provides requirements for the logistics, including required medical personnel to be present, location and length of contests, and required officials to be present for professional or amateur, or combination of both, contests to be held in accordance with the Act. Requires promoters to pay to the Department of Revenue 3% of the first $500,000 and 4% of additional total gross receipts from the sale, lease, or other exploitation of broadcasting, including, but not limited to, Internet, cable, television, and motion picture rights for that professional or amateur contest in addition to payment of any other taxes or money due. Permits the Department to disclose information and documents related to an examination or investigation of a licensee, registrant, or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Makes other changes. Amends the Regulatory Sunset Act to extend the Act from January 1, 2012 to January 1, 2022. Effective immediately.

FISCAL NOTE ACT MAY APPLY

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 Regulatory Sunset Act is amended by changing Section 4.22 and by adding Section 4.32 as follows:

(5 ILCS 80/4.22)

Sec. 4.22. Acts repealed on January 1, 2012. The following Acts are repealed on January 1, 2012:

The Detection of Deception Examiners Act.

The Home Inspector License Act.

The Interior Design Title Act.

The Massage Licensing Act.

The Petroleum Equipment Contractors Licensing Act.

The Professional Boxing Act.

The Real Estate Appraiser Licensing Act of 2002.

The Water Well and Pump Installation Contractor's License Act.

(Source: P.A. 95-331, eff. 8-21-07.)

(5 ILCS 80/4.32 new)

Sec. 4.32. Acts repealed on January 1, 2022. The following Act is repealed on January 1, 2022:

The Boxing and Full-contact Martial Arts Act.

Section 10. The Professional Boxing Act is amended by changing the title of the Act and Sections 0.05, 1, 6, 7, 8, 10, 10.5, 11, 12, 13, 14, 15, 16, 17.7, 17.9, 17.10, 18, 19, 19.1, 19.2, 19.5, 20, and 25.1 and by adding Sections 10.1, 11.5, and 24.5 as follows:

(225 ILCS 105/Act title)

An Act in relation to professional boxing and full-contact martial arts.

(225 ILCS 105/0.05)

(Section scheduled to be repealed on January 1, 2012)

Sec. 0.05. Declaration of public policy. Professional boxing and full-contact martial arts contests in the State of Illinois, and amateur boxing and full-contact martial arts contests events, are hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that these contests and events, as defined in this Act, merit and receive the confidence of the public and that only qualified persons be authorized to participate in these contests and events in the State of Illinois. This Act shall be liberally construed to best carry out these objects and purposes.

(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)

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

(Section scheduled to be repealed on January 1, 2012)

Sec. 1. Short title and definitions.

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

(b) As used in this Act:

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

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

3. "Board" means the State of Illinois Athletic Professional Boxing Board appointed by the Secretary.

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

5. (Blank).

"Professional contest" 6. "Contest" means a professional boxing or professional full-contact martial arts competition in which all of the participants competing against one another are professionals match or exhibition.

7. (Blank).

8. (Blank).

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

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

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

12. (Blank).

13. (Blank).

14. (Blank).

15. "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 the contest.

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

17. "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 or for the expenses of training therefor, other than a non-monetary prize that does not exceed $50 in value.

"Professional" 18. "Contestant" 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.

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

20. "Matchmaker" means a person licensed by the Department who brings together professionals to compete in contestants or procures contests for contestants.

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

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

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

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

25. "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, and Tae Kwon Do.

26. "Full-contact martial arts" means the use of a singular discipline or a combination of techniques 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.

27. "Amateur contest full-contact martial arts event" means a boxing or full-contact martial arts competition in match or exhibition which all of the participants competing against one another are amateurs.

"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 or license 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.

(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)

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

(Section scheduled to be repealed on January 1, 2012)

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:

(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 contests conducted by a State, county, or municipal entity.

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

Notwithstanding any provision of subsection (a), amateur boxing or full-contact martial arts contests conducted by institutions, including, but not limited to, gyms, clubs, or other organizations that furnish instruction in boxing or full-contact martial arts are not exempt.

No other amateur boxing 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. Department authorization is not required for amateur full-contact martial arts events conducted in a manner that provides substantially similar protections for the health, safety, and welfare of the participants and the public as are required for professional events by this Act and the rules adopted by the Department under this Act. Those protections shall include, at a minimum, onsite medical staff and equipment, trained officials, adequate insurance coverage, weight classes, use of appropriate safety equipment by participants, adequate and safe competition surfaces, and standards regarding striking techniques and fouls. Anyone conducting an amateur full-contact martial arts event shall notify the Department in writing of the date, time, and location of that event at least 20 days prior to the event. Failure to comply with the requirements of this Section shall render the event prohibited and unauthorized by the Department, and persons involved in the event are subject to the procedures and penalties set forth in Section 10.5.

(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)

(225 ILCS 105/7) (from Ch. 111, par. 5007)

(Section scheduled to be repealed on January 1, 2012)

Sec. 7. In order to conduct a professional contest or, beginning 6 months after the adoption of rules pertaining to an amateur contest, an amateur contest, or a combination of both in this State, a promoter shall obtain a permit issued by the Department in accordance with this Act and the rules and regulations adopted pursuant thereto. This permit shall authorize one or more professional or amateur contests or a combination of both. A permit issued under this Act is not transferable.

(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)

(225 ILCS 105/8) (from Ch. 111, par. 5008)

(Section scheduled to be repealed on January 1, 2012)

Sec. 8. Permits.

(a) A promoter who desires to obtain a permit to conduct a professional or amateur contest or a combination of both shall apply to the Department at least 20 days prior to the event, in writing, on forms furnished by the Department. The application shall be accompanied by the required fee and shall contain, but not be limited to, at least the following information to be submitted at times specified by rule:

(1) the legal names and addresses of the promoter;

(2) the name of the matchmaker;

(3) the time and exact location of the professional or amateur contest or a combination of both. It is the responsibility of the promoter to ensure that the building to be used for the event complies with all laws, ordinances, and regulations in the city, town, village, or county where the contest is to be held;

(4) the seating capacity of the building where the event is to be held;

(5) a copy of the lease or proof of ownership of the building where the event is to be held;

(6) the admission charge or charges to be made; and

(4) (7) proof of adequate security measures and adequate medical supervision, as determined by Department rule, to ensure the protection of the health and safety of contestants and the general public while attending professional or amateur contests, or a combination of both; and the contestants' safety while participating in the events and any other information that the Department may determine by rule in order to issue a permit.

(b) After the initial application and within 10 days prior to a scheduled event, a promoter shall submit to the Department all of the following information:

(1) The amount of compensation to be paid to each participant.

(5) proof of adequate medical supervision, as determined by Department rule, to ensure the protection of the health and safety of professionals' or amateurs' while participating in the contest;

(6) the (2) The names of the professionals or amateurs competing; contestants.

(7) proof (3) Proof of insurance for not less than $50,000 as further defined by rule for each professional or amateur contestant participating in a professional or amateur contest or a combination of both; insurance . Insurance required under this paragraph (6) subsection shall cover (i) hospital, medication, physician, and other such expenses as would accrue in the treatment of an injury as a result of the professional or amateur contest; and (ii) payment to the estate of the professional or amateur contestant in the event of his or her death as a result of his or her participation in the professional or amateur contest; and (iii) accidental death and dismemberment; .

(c) All promoters shall provide to the Department, at least 24 hours prior to commencement of the event, the

(8) the amount of the purses purse to be paid to the professionals for the event; the . The Department shall adopt promulgate rules for payment of the purses; purse.

(9) organizational or internationally accepted rules, per discipline, for professional or amateur full-contact martial arts contests where the Department does not provide the rules; and

(10) any other information that the Department may require to determine whether a permit shall be issued.

(d) The contest shall be held in an area where adequate neurosurgical facilities are immediately available for skilled emergency treatment of an injured contestant. It is the responsibility of the promoter to ensure that the building to be used for the event complies with all laws, ordinances, and regulations in the city, town, or village where the contest is to be held.

(b) The Department may issue a permit to any promoter who meets the requirements of this Act and the rules. The permit shall only be issued for a specific date and location of a professional or amateur contest or a combination of both and shall not be transferable. The In an emergency, the Department may allow a promoter to amend a permit application to hold a professional or amateur contest or a combination of both in a different location other than the application specifies and may allow the promoter to substitute professionals or amateurs, respectively contestants.

(c) (e) The Department shall be responsible for assigning the judges, timekeepers, referees, and physicians, and medical personnel for a professional contest. Compensation shall be determined by the Department, and it It shall be the responsibility of the promoter to pay cover the cost of the individuals utilized at a contest.

(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)

(225 ILCS 105/10) (from Ch. 111, par. 5010)

(Section scheduled to be repealed on January 1, 2012)

Sec. 10. Who must be licensed. In order to participate in professional contests the following persons must each be licensed and in good standing with the Department: (a) promoters, (b) professionals contestants, (c) seconds, (d) referees, (e) judges, (f) managers, (g) matchmakers, and (h) timekeepers.

Announcers may participate in professional or amateur contests without being licensed under this Act. It shall be the responsibility of the promoter to ensure that announcers comply with the Act, and all rules and regulations promulgated pursuant to this Act.

A licensed promoter may not act as, and cannot be licensed as, a second, professional contestant, referee, timekeeper, judge, or manager. If he or she is so licensed, he or she must relinquish any of these licenses to the Department for cancellation. A person possessing a valid promoter's license may act as a matchmaker.

(Source: P.A. 95-593, eff. 6-1-08.)

(225 ILCS 105/10.1 new)

Sec. 10.1. Registration of amateurs. Beginning 6 months after the adoption of rules providing for the registration of amateurs under this Act, it shall be unlawful for any person to compete as an amateur unless he or she is registered and in good standing with the Department or is otherwise exempt from registration under this Act. A person who is required to register shall apply to the Department, in writing, on forms provided by the Department.

(225 ILCS 105/10.5)

(Section scheduled to be repealed on January 1, 2012)

Sec. 10.5. Unlicensed practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a promoter, professional contestant, second, referee, judge, manager, matchmaker, or timekeeper without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department has the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

(Source: P.A. 95-593, eff. 6-1-08.)

(225 ILCS 105/11) (from Ch. 111, par. 5011)

(Section scheduled to be repealed on January 1, 2012)

Sec. 11. Qualifications for license. The Department shall grant licenses to the following persons if the following qualifications are met:

(1) (A) An applicant for licensure as a professional contestant in a contest must: (1) be 18 years old, (2) be of good moral character, (3) file an application stating the applicant's legal correct name (and no assumed or ring name may be used unless such name is registered with the Department along with the applicant's legal correct name), date and place of birth, place of current residence, and a sworn statement that he is not currently in violation of any federal, State or local laws or rules governing boxing or full-contact martial arts, (4) file a certificate from of a physician licensed to practice medicine in all of its branches which attests that the applicant is physically fit and qualified to participate in professional contests, and (5) pay the required fee and meet any other requirements. Applicants over age 35 who have not competed in a professional or amateur contest within the last 36 months may be required to appear before the Department Board to determine their fitness to participate in a professional contest. A picture identification card shall be issued to all professionals contestants licensed by the Department who are residents of Illinois or who are residents of any jurisdiction, state, or country that does not regulate professional boxing or full-contact martial arts. The identification card shall be presented to the Department or its representative upon request at weigh-ins.

(2) (B) An applicant for licensure as a referee, judge, manager, second, matchmaker, or timekeeper must: (1) be of good moral character, (2) file an application stating the applicant's name, date and place of birth, and place of current residence along with a certifying statement that he is not currently in violation of any federal, State, or local laws or rules governing boxing, or full-contact martial arts, (3) have had satisfactory experience in his field, (4) pay the required fee, and (5) meet any other requirements as determined by rule.

(3) (C) An applicant for licensure as a promoter must: (1) be of good moral character, (2) file an application with the Department stating the applicant's name, date and place of birth, place of current residence along with a certifying statement that he is not currently in violation of any federal, State, or local laws or rules governing boxing or full-contact martial arts, (3) provide proof of a surety bond of no less than $5,000 to cover financial obligations pursuant to this Act, payable to the Department and conditioned for the payment of the tax imposed by this Act and compliance with this Act and the rules promulgated pursuant to this Act, (4) provide a financial statement, prepared by a certified public accountant, showing liquid working capital of $10,000 or more, or a $10,000 performance bond guaranteeing payment of all obligations relating to the promotional activities, and (5) pay the required fee and meet any other requirements as determined by rule.

(4) All applicants shall submit an application to the Department, in writing, on forms provided by the Department, containing such information as determined by rule.

In determining good moral character, the Department may take into consideration any violation of any of the provisions of Section 16 of this Act as to referees, judges, managers, matchmakers, timekeepers, or promoters and any felony conviction of the applicant, but such a conviction shall not operate as a bar to licensure. No license issued under this Act is transferable.

The Department may issue temporary licenses as provided by rule.

(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)

(225 ILCS 105/11.5 new)

Sec. 11.5. Qualifications for registration. An applicant for registration as an amateur competing in an amateur full contact martial arts contest must (1) be 18 years old; (2) be of good moral character; (3) file an application stating the applicant's legal name, date and place of birth, and place of current residence and a sworn statement that he or she is not currently in violation of any federal, State, or local laws or rules governing full-contact martial arts; (4) file a certificate from a physician which attests that the applicant is physically fit and qualified to participate in contests; and (5) pay the required fee and meet any other requirements as established by rule.

In determining good moral character, the Department may take into consideration any violation of any of the provisions of Section 16 of this Act. No registration issued under this Act is transferable.

This Section does not apply to amateur participants under the age of 18 and younger. Participants under the age of 18 and younger shall meet all other requirements for amateurs in this Act and as established by rule.

(225 ILCS 105/12) (from Ch. 111, par. 5012)

(Section scheduled to be repealed on January 1, 2012)

Sec. 12. Professional or amateur contests Contests.

(a) The professional or amateur contest or a combination of both shall be held in an area where adequate neurosurgical facilities are immediately available for skilled emergency treatment of an injured professional or amateur.

(b) Each professional or amateur contestant shall be examined before entering the contest ring and promptly immediately after each bout contest by a physician licensed to practice medicine in all of its branches. The physician shall determine, prior to the contest, if each professional or amateur contestant is physically fit to compete engage in the contest. After the bout contest the physician shall examine the professional or amateur contestant to determine possible injury. If the professional's or amateur's contestant's physical condition so indicates, the physician shall recommend to the Department immediate medical suspension. The physician or a licensed emergency medical technician-paramedic (EMT-P) must check the vital signs of all contestants as established by rule.

(c) The physician may, at any time during the professional or amateur bout contest, stop the professional or amateur bout contest to examine a professional or amateur contestant, and may direct the referee to terminate the bout contest when, in the physician's opinion, continuing the bout contest could result in serious injury to the professional or amateur contestant. If the professional's or amateur's physical condition so indicates, the physician shall recommend to the Department immediate medical suspension. The physician shall certify to the condition of the professional or amateur contestant in writing, over his signature on forms provided by the Department. Such reports shall be submitted to the Department in a timely manner. The physician shall be paid by the promoter a fee fixed by the Department. No contest shall be held unless a physician licensed to practice medicine in all of its branches is in attendance.

(d) No professional or amateur contest or a combination of both shall be allowed to begin or be held unless at least one physician, and 2 EMT-Ps, trained paramedics or 2 nurses who are trained to administer emergency medical care and at least one ambulance have been contracted with dedicated solely for the care of professionals or amateurs who are competing as defined by rule contestants are present.

(e) No professional boxing bout contest shall be more than 12 rounds in length. The rounds shall not be more than 3 minutes each with a one minute interval between them, and no professional boxer shall be allowed to participate in more than one contest within a 7-day period 12 rounds within 72 consecutive hours.

The number and length of rounds for all other professional or amateur boxing or full-contact martial arts bouts contests shall be established by rule.

(f) The number and types of officials required for each professional or amateur contest shall be determined by rule. At each contest there shall be a referee in attendance who shall direct and control the contest. The referee, before each contest, shall learn the name of the contestant's chief second and shall hold the chief second responsible for the conduct of his assistant during the progress of the contest.

There shall be 2 judges in attendance at all boxing contests who shall render a decision at the end of each contest. The decision of the judges, taken together with the decision of the referee, is final; or, 3 judges shall score the contest with the referee not scoring. The method of scoring shall be set forth in rules. The number of judges required and the manner of scoring for all other contests shall be set by rule.

Judges, referees, or timekeepers for contests shall be assigned by the Department.

(g) The Department or its representative shall have discretion to declare a price, remuneration, or purse or any part of it belonging to the professional contestant withheld if in the judgment of the Department or its representative the professional contestant is not honestly competing.

(h) The Department shall have the authority to prevent a professional or amateur contest or a combination of both from being held and shall have the authority to stop a professional or amateur contest or a combination of both for noncompliance with any part of this Act or rules or when, in the judgment of the Department, or its representative, continuation of the event would endanger the health, safety, and welfare of the professionals or amateurs contestants or spectators. The Department's authority to stop a contest on the basis that the professional or amateur contest or a combination of both would endanger the health, safety, and welfare of the professionals or amateurs contestants or spectators shall extend to any professional or amateur contest or a combination of both, regardless of whether that amateur contest is exempted from the prohibition in Section 6 of this Act.

(Source: P.A. 95-593, eff. 6-1-08.)

(225 ILCS 105/13) (from Ch. 111, par. 5013)

(Section scheduled to be repealed on January 1, 2012)

Sec. 13. Tickets; tax. Tickets to professional or amateur contests or a combination of both shall be printed in such form as the Department shall prescribe. A certified inventory of all tickets printed for any professional or amateur contest or a combination of both shall be mailed to the Department by the promoter not less than 7 days before the contest. The total number of tickets printed shall not exceed the total seating capacity of the premises in which the professional or amateur contest or a combination of both is to be held. No tickets of admission to any professional or amateur contest or a combination of both shall be sold except those declared on an official ticket inventory as described in this Section.

A promoter who conducts a professional or amateur contest or a combination of both under this Act shall, within 24 hours after a professional or amateur contest or a combination of both: (1) furnish to the Department a written report verified by the promoter or his authorized designee showing the number of tickets sold for the professional or amateur contest or a combination of both or the actual ticket stubs of tickets sold and the amount of the gross proceeds thereof; and (2) pay to the Department a tax of 7% 3% of the first $500,000 of gross receipts from the sale of admission tickets, to be collected by the Department of Revenue and placed in the General Revenue Fund.

In addition to the payment of any other taxes and money due under this Section, every promoter shall pay to the Department of Revenue 3% of the first $500,000 and 4% thereafter of the total gross receipts from the sale, lease, or other exploitation of broadcasting, including, but not limited to, Internet, cable, television, and motion picture rights for that professional or amateur contest or exhibition without any deductions for commissions, brokerage fees, distribution fees, advertising, professional contestants' purses, or any other expenses or charges. These fees shall be collected by the Department of Revenue and placed in the General Revenue Fund.

(Source: P.A. 95-593, eff. 6-1-08.)

(225 ILCS 105/14) (from Ch. 111, par. 5014)

(Section scheduled to be repealed on January 1, 2012)

Sec. 14. Failure to report ticket sales and tax. If the permit holder fails to make a report as required by Section 13, or if such report is unsatisfactory, the Department of Revenue may examine or cause to be examined the books and records of any such holder or his associates or any other person as a witness under oath to determine the total amount of tax due under this Act.

If it is determined that there has been a default in the payment of a tax, the promoter shall be given 20 days notice of the amount due which shall include the expenses incurred in making the examination.

If the promoter does not pay the amount due he shall be disqualified from obtaining a permit under this Act and the Attorney General shall institute suit upon the bond filed pursuant to this Act to recover the tax or penalties imposed by this Act.

(Source: P.A. 91-408, eff. 1-1-00.)

(225 ILCS 105/15) (from Ch. 111, par. 5015)

(Section scheduled to be repealed on January 1, 2012)

Sec. 15. Inspectors. The Secretary Director may appoint inspectors to assist the Department staff in the administration of the Act. Each inspector appointed by the Secretary Director shall receive compensation for each day he or she is engaged in the transacting of business of the Department. Each inspector shall carry a card issued by the Department to authorize him or her to act in such capacity. The inspector or inspectors shall supervise each professional contest and, at the Department's discretion, may supervise each amateur contest to ensure that the provisions of the Act are strictly enforced. The inspectors shall also be present at the counting of the gross receipts and shall immediately deliver to the Department the official box office statement as required by Section 13.

(Source: P.A. 95-593, eff. 6-1-08.)

(225 ILCS 105/16) (from Ch. 111, par. 5016)

(Section scheduled to be repealed on January 1, 2012)

Sec. 16. Discipline and sanctions.

(a) The Department may refuse to issue a permit, or license, or registration, refuse to renew, suspend, revoke, reprimand, place on probation, or take such other disciplinary or non-disciplinary action as the Department may deem proper, including the imposition of fines not to exceed $10,000 $5,000 for each violation, with regard to any permit, license, or registration for one or any combination of the following reasons:

(1) gambling, betting, or wagering on the result of or a contingency connected with a professional or amateur contest or a combination of both permitting such activity to take place;

(2) participating in or permitting a sham or fake professional or amateur contest or a combination of both;

(3) holding the professional or amateur contest or a combination of both at any other time or place than is stated on the permit application;

(4) permitting any professional or amateur contestant other than those stated on the permit application to participate in a professional or amateur contest or a combination of both, except as provided in Section 9;

(5) violation or aiding in the violation of any of the provisions of this Act or any rules or regulations promulgated thereto;

(6) violation of any federal, State or local laws of the United States or other jurisdiction governing professional or amateur contests or any regulation promulgated pursuant thereto;

(7) charging a greater rate or rates of admission than is specified on the permit application;

(8) failure to obtain all the necessary permits, registrations, or licenses as required under this Act;

(9) failure to file the necessary bond or to pay the gross receipts tax as required by this Act;

(10) engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public, or which is detrimental to honestly conducted contests;

(11) employment of fraud, deception or any unlawful means in applying for or securing a permit or license under this Act;

(12) permitting a physician making the physical examination to knowingly certify falsely to the physical condition of a professional or amateur contestant;

(13) permitting professional or amateur contestants of widely disparate weights or abilities to engage in professional or amateur contests, respectively;

(14) participating in a professional contest as a professional contestant while under medical suspension in this State or in any other state, territory or country;

(15) physical illness, including, but not limited to, deterioration through the aging process, or loss of motor skills which results in the inability to participate in contests with reasonable judgment, skill, or safety;

(16) allowing one's license or permit issued under this Act to be used by another person;

(17) failing, within a reasonable time, to provide any information requested by the Department as a result of a formal or informal complaint;

(18) professional incompetence;

(19) failure to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied;

(20) (blank);

(21) habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that results in an inability to participate in an event; or

(22) failure to stop a professional or amateur contest or a combination of both when requested to do so by the Department; .

(23) failure of a promoter to adequately supervise and enforce this Act and its rules as applicable to amateur contests, as set forth in rule; or

(24) a finding by the Department that the licensee, after having his or her license placed on probationary status, has violated the terms of probation.

(b) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension. The suspension will end only upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, issuance of an order so finding and discharging the licensee, and upon the recommendation of the Board to the Director that the licensee be allowed to resume his or her practice.

(c) In enforcing this Section, the Department Board, upon a showing of a possible violation, may compel any individual licensed to practice under this Act, or who has applied for licensure pursuant to this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physicians or clinical psychologists shall be those specifically designated by the Department Board. The Board or the Department may order the examining physician or clinical psychologist to present testimony concerning this mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician or clinical psychologist. Eye examinations may be provided by a licensed and certified therapeutic optometrist. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of any individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of a license until such time as the individual submits to the examination if the Board finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.

(d) If the Board finds an individual unable to practice because of the reasons set forth in this Section, the Board shall require the individual to submit to care, counseling, or treatment by physicians or clinical psychologists approved or designated by the Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure, or in lieu of care, counseling, or treatment, the Board may recommend to the Department to file a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. Any individual whose license was granted pursuant to this Act, or continued, reinstated, renewed, disciplined, or supervised, subject to such conditions, terms, or restrictions, who shall fail to comply with such conditions, terms, or restrictions, shall be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Board.

(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)

(225 ILCS 105/17.7)

(Section scheduled to be repealed on January 1, 2012)

Sec. 17.7. Restoration of license from discipline suspended or revoked license. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to the licensee, unless after an investigation and hearing the Secretary determines that restoration is not in the public interest. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority until such time as provided for in the Civil Administrative Code of Illinois. At any time after the suspension or revocation of a license, the Department may restore it to the licensee upon the written recommendation of the Board, unless after an investigation and a hearing the Board determines that restoration is not in the public interest.

(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

(225 ILCS 105/17.9)

(Section scheduled to be repealed on January 1, 2012)

Sec. 17.9. Summary suspension of a license or registration. The Secretary Director may summarily suspend a license or registration without a hearing if the Secretary Director finds that evidence in the Secretary's Director's possession indicates that the continuation of practice would constitute an imminent danger to the public, participants, including any professional contest officials, or the individual involved or cause harm to the profession. If the Secretary Director summarily suspends the license without a hearing, a hearing must be commenced within 30 days after the suspension has occurred and concluded as expeditiously as practical.

(Source: P.A. 95-593, eff. 6-1-08.)

(225 ILCS 105/17.10)

(Section scheduled to be repealed on January 1, 2012)

Sec. 17.10. Administrative review; venue.

(a) All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for relief review resides, but if the party is not a resident of Illinois, the venue shall be in Sangamon County.

(c) The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.

(Source: P.A. 91-408, eff. 1-1-00.)

(225 ILCS 105/18) (from Ch. 111, par. 5018)

(Section scheduled to be repealed on January 1, 2012)

Sec. 18. Investigations; notice and hearing. The Department may investigate the actions of any applicant or of any person or persons promoting or participating in a professional or amateur contest or any person holding or claiming to hold a license. The Department shall, before revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary action under this Act, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges with the Department Board under oath within 20 days after the service on him or her of the notice, and (iii) inform the accused that, if he or she fails to answer, default will be taken against him or her or that his or her license may be suspended, revoked, or placed on probationary status or that other disciplinary action may be taken with regard to the license, including limiting the scope, nature, or extent of his or her practice, as the Department may consider proper. At the time and place fixed in the notice, the hearing officer Board shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The hearing officer Board may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Department, be suspended, revoked, or placed on probationary status or the Department may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. The written notice may be served by personal delivery or by certified mail to the person's address of record specified by the accused in his or her last notification with the Department.

(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

(225 ILCS 105/19) (from Ch. 111, par. 5019)

(Section scheduled to be repealed on January 1, 2012)

Sec. 19. Findings and recommendations. At the conclusion of the hearing, the hearing officer Board shall present to the Secretary Director a written report of its findings, conclusions of law, and recommendations. The report shall contain a finding of whether the accused person violated this Act or its rules or failed to comply with the conditions required in this Act or its rules. The hearing officer Board shall specify the nature of any violations or failure to comply and shall make its recommendations to the Secretary Director. In making recommendations for any disciplinary actions, the hearing officer Board may take into consideration all facts and circumstances bearing upon the reasonableness of the conduct of the accused and the potential for future harm to the public including, but not limited to, previous discipline of the accused by the Department, intent, degree of harm to the public and likelihood of harm in the future, any restitution made by the accused, and whether the incident or incidents contained in the complaint appear to be isolated or represent a continuing pattern of conduct. In making its recommendations for discipline, the hearing officer Board shall endeavor to ensure that the severity of the discipline recommended is reasonably related to the severity of the violation.

The report of findings of fact, conclusions of law, and recommendation of the hearing officer Board shall be the basis for the Department's order refusing to issue, restore, or renew a license, or otherwise disciplining a licensee. If the Secretary Director disagrees with the recommendations of the hearing officer Board, the Secretary Director may issue an order in contravention of the hearing officer's Board recommendations. The Director shall provide a written report to the Board on any disagreement and shall specify the reasons for the action in the final order. The finding is not admissible in evidence against the person in a criminal prosecution brought for a violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for a violation of this Act.

(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

(225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)

(Section scheduled to be repealed on January 1, 2012)

Sec. 19.1. Appointment of a hearing officer. The Secretary Director has the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue, restore, or renew a license or discipline of a licensee. The hearing officer has full authority to conduct the hearing. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Board and the Secretary Director. The Board shall have 60 days from receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law and recommendations to the Director. If the Board fails to present its report within the 60 day period, the Director may issue an order based on the report of the hearing officer. If the Secretary Director determines that the hearing officer's Board's report is contrary to the manifest weight of the evidence, he may issue an order in contravention of the recommendation. The Director shall promptly provide a written report of the Board on any deviation and shall specify the reasons for the action in the final order.

(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

(225 ILCS 105/19.2)

(Section scheduled to be repealed on January 1, 2012)

Sec. 19.2. Subpoenas; depositions; oaths. The Department has the power to subpoena documents, books, records, or other materials and to bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State.

The Secretary Director, the designated hearing officer, and every member of the Department Board has the power to administer oaths to witnesses at any hearing that the Department is authorized to conduct and any other oaths authorized in any Act administered by the Department.

(Source: P.A. 91-408, eff. 1-1-00.)

(225 ILCS 105/19.5)

(Section scheduled to be repealed on January 1, 2012)

Sec. 19.5. Order or certified copy; prima facie proof. An order or certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary Director, is prima facie proof that:

(1) the signature is the genuine signature of the Secretary Director; and

(2) the Secretary Director is duly appointed and qualified. ; and

(3) the Board and its members are qualified to act.

(Source: P.A. 91-408, eff. 1-1-00.)

(225 ILCS 105/20) (from Ch. 111, par. 5020)

(Section scheduled to be repealed on January 1, 2012)

Sec. 20. Stenographer; transcript. The Department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings at the hearing of any case wherein a license or permit is subjected to disciplinary action. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the hearing officer board and the orders of the Department shall be the record of the proceedings. The Department shall furnish a transcript of the record to any person interested in the hearing upon payment of the fee required under Section 2105-115 of the Department of Professional Regulation Law (20 ILCS 2105/2105-115).

(Source: P.A. 91-239, eff. 1-1-00.)

(225 ILCS 105/24.5 new)

Sec. 24.5. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee, registrant, or applicant, including, but not limited to, any complaint against a licensee or registrant filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose such information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee or registrant by the Department or any order issued by the Department against a licensee, registrant, or applicant shall be a public record, except as otherwise prohibited by law.

(225 ILCS 105/25.1)

(Section scheduled to be repealed on January 1, 2012)

Sec. 25.1. Medical Suspension. A licensee or registrant who is determined by the examining physician to be unfit to compete or officiate shall be immediately suspended until it is shown that he or she is fit for further competition or officiating. If the licensee or registrant disagrees with a medical suspension set at the discretion of the ringside physician, he or she may request a hearing to show proof of fitness. The hearing shall be provided at the earliest opportunity after the Department receives a written request from the licensee.

If the referee has rendered a decision of technical knockout against a professional or amateur contestant or if the professional or amateur contestant is knocked out other than by a blow to the head, the professional or amateur contestant shall be immediately suspended for a period of not less than 30 days. In a full-contact martial arts contest, if the professional or amateur contestant has tapped out or has submitted, the referee shall stop the professional or amateur contest and the ringside physician shall determine the length of suspension.

If the professional or amateur contestant has been knocked out by a blow to the head, he or she shall be suspended immediately for a period of not less than 45 days.

Prior to reinstatement, any professional or amateur contestant suspended for his or her medical protection shall satisfactorily pass a medical examination upon the direction of the Department. The examining physician may require any necessary medical procedures during the examination.

(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)

Section 15. The Unified Code of Corrections is amended by changing Section 5-5-5 as follows:

(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)

Sec. 5-5-5. Loss and Restoration of Rights.

(a) Conviction and disposition shall not entail the loss by the defendant of any civil rights, except under this Section and Sections 29-6 and 29-10 of The Election Code, as now or hereafter amended.

(b) A person convicted of a felony shall be ineligible to hold an office created by the Constitution of this State until the completion of his sentence.

(c) A person sentenced to imprisonment shall lose his right to vote until released from imprisonment.

(d) On completion of sentence of imprisonment or upon discharge from probation, conditional discharge or periodic imprisonment, or at any time thereafter, all license rights and privileges granted under the authority of this State which have been revoked or suspended because of conviction of an offense shall be restored unless the authority having jurisdiction of such license rights finds after investigation and hearing that restoration is not in the public interest. This paragraph (d) shall not apply to the suspension or revocation of a license to operate a motor vehicle under the Illinois Vehicle Code.

(e) Upon a person's discharge from incarceration or parole, or upon a person's discharge from probation or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare. Such order may be entered upon the motion of the defendant or the State or upon the court's own motion.

(f) Upon entry of the order, the court shall issue to the person in whose favor the order has been entered a certificate stating that his behavior after conviction has warranted the issuance of the order.

(g) This Section shall not affect the right of a defendant to collaterally attack his conviction or to rely on it in bar of subsequent proceedings for the same offense.

(h) No application for any license specified in subsection (i) of this Section granted under the authority of this State shall be denied by reason of an eligible offender who has obtained a certificate of relief from disabilities, as defined in Article 5.5 of this Chapter, having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless:

(1) there is a direct relationship between one or more of the previous criminal offenses and the specific license sought; or

(2) the issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

In making such a determination, the licensing agency shall consider the following factors:

(1) the public policy of this State, as expressed in Article 5.5 of this Chapter, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;

(2) the specific duties and responsibilities necessarily related to the license being sought;

(3) the bearing, if any, the criminal offenses or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;

(4) the time which has elapsed since the occurrence of the criminal offense or offenses;

(5) the age of the person at the time of occurrence of the criminal offense or offenses;

(6) the seriousness of the offense or offenses;

(7) any information produced by the person or produced on his or her behalf in regard to his or her rehabilitation and good conduct, including a certificate of relief from disabilities issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate; and

(8) the legitimate interest of the licensing agency in protecting property, and the safety and welfare of specific individuals or the general public.

(i) A certificate of relief from disabilities shall be issued only for a license or certification issued under the following Acts:

(1) the Animal Welfare Act; except that a certificate of relief from disabilities may not be granted to provide for the issuance or restoration of a license under the Animal Welfare Act for any person convicted of violating Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane Care for Animals Act or Section 26-5 of the Criminal Code of 1961;

(2) the Illinois Athletic Trainers Practice Act;

(3) the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985;

(4) the Boiler and Pressure Vessel Repairer Regulation Act;

(5) the Professional Boxing and Full-contact Martials Arts Act ;

(6) the Illinois Certified Shorthand Reporters Act of 1984;

(7) the Illinois Farm Labor Contractor Certification Act;

(8) the Interior Design Title Act;

(9) the Illinois Professional Land Surveyor Act of 1989;

(10) the Illinois Landscape Architecture Act of 1989;

(11) the Marriage and Family Therapy Licensing Act;

(12) the Private Employment Agency Act;

(13) the Professional Counselor and Clinical Professional Counselor Licensing Act;

(14) the Real Estate License Act of 2000;

(15) the Illinois Roofing Industry Licensing Act;

(16) the Professional Engineering Practice Act of 1989;

(17) the Water Well and Pump Installation Contractor's License Act;

(18) the Electrologist Licensing Act;

(19) the Auction License Act;

(20) Illinois Architecture Practice Act of 1989;

(21) the Dietetic and Nutrition Services Practice Act;

(22) the Environmental Health Practitioner Licensing Act;

(23) the Funeral Directors and Embalmers Licensing Code;

(24) the Land Sales Registration Act of 1999;

(25) the Professional Geologist Licensing Act;

(26) the Illinois Public Accounting Act; and

(27) the Structural Engineering Practice Act of 1989.

(Source: P.A. 96-1246, eff. 1-1-11.)

(225 ILCS 105/25 rep.)

Section 20. The Professional Boxing Act is amended by repealing Section 25.

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