HB1947 95TH GENERAL ASSEMBLY

LRB095 11354 RAS 32103 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1947

Introduced 2/23/2007, by Rep. Angelo Saviano

SYNOPSIS AS INTRODUCED:

225 ILCS 105/0.05
225 ILCS 105/0.10 new
225 ILCS 105/1	from Ch. 111, par. 5001
225 ILCS 105/6	from Ch. 111, par. 5006
225 ILCS 105/7	from Ch. 111, par. 5007
225 ILCS 105/8	from Ch. 111, par. 5008
225 ILCS 105/10	from Ch. 111, par. 5010
225 ILCS 105/10.5
225 ILCS 105/11	from Ch. 111, par. 5011
225 ILCS 105/12	from Ch. 111, par. 5012
225 ILCS 105/13	from Ch. 111, par. 5013
225 ILCS 105/15	from Ch. 111, par. 5015
225 ILCS 105/16	from Ch. 111, par. 5016
225 ILCS 105/25.1
225 ILCS 105/26	from Ch. 111, par. 5026
225 ILCS 105/7.5 rep.

Amends the Professional Boxing Act to provide for the regulation of martial art and mixed martial art matches and exhibitions. Requires a promoter to submit to the Department, after making initial application to conduct an event and within 10 days of a scheduled event, proof of insurance for not less than $50,000 (instead of $10,000) for each contestant participating in a contest or exhibition. Makes other changes. Repeals a Section concerning ultimate fighting exhibitions.

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 Professional Boxing Act is amended by changing Sections 0.05, 1, 6, 7, 8, 10, 10.5, 11, 12, 13, 15, 16, 25.1, and 26 and by adding Section 0.10 as follows:

(225 ILCS 105/0.05)

(Section scheduled to be repealed on January 1, 2012)

Sec. 0.05. Declaration of public policy. Professional boxing and other contests in the State of Illinois are is 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 boxing and other contests, as defined in this Act, merit and receive the confidence of the public and that only qualified persons be authorized to participate in boxing and other contests in the State of Illinois. This Act shall be liberally construed to best carry out these objects and purposes.

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

(225 ILCS 105/0.10 new)

(Section scheduled to be repealed on January 1, 2012)

Sec. 0.10. References to Department or Director of Professional Regulation. References in this Act (i) to the Department of Professional Regulation are deemed, in appropriate contexts, to be references to the Department of Financial and Professional Regulation and (ii) to the Director of Professional Regulation are deemed, in appropriate contexts, to be references to the Secretary of Financial and Professional Regulation.

(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 Professional Boxing Act.

(b) As used in this Act:

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

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

3. "Board" means the State Professional Boxing Board appointed by the Secretary Director.

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

5. (Blank).

6. "Contest" means a "Boxing Contests" include professional boxing, martial art, or mixed martial art match or exhibition matches and exhibitions.

7. (Blank).

8. (Blank).

9. "Permit" means the authorization from the Department to a promoter to conduct professional boxing contests.

10. "Promoter" means a person who is licensed and who holds a permit to conduct professional boxing contests.

11. Unless the context indicates otherwise, "person" includes an association, partnership, corporation, gymnasium, or club.

12. (Blank).

13. (Blank). "Ultimate fighting exhibition" has the meaning given by rule adopted by the Department in accordance with Section 7.5.

14. (Blank). "Professional boxer" means a person licensed by the Department who competes for a money prize, purse, or other type of compensation in a boxing contest, exhibition, or match held in Illinois.

15. "Judge" means a person licensed by the Department who is at ringside during a boxing match and who has the responsibility of scoring the performance of the participants in the contest.

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

17. "Amateur" means a person who has never received or competed for any purse or other article of value, either for participating in any boxing contest or for the expenses of training therefor, other than a prize that does not exceed $50 in value.

18. "Contestant" means a person licensed by the Department who competes for a money prize, purse, or other type of compensation in a contest, exhibition, or match held in Illinois an individual who participates in a boxing contest.

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

20. "Matchmaker" means a person licensed by the Department who brings together contestants professional boxers or procures matches or contests for contestants professional boxers.

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 boxer, undertakes to, directly or indirectly, control or administer the boxing affairs of contestants boxers.

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 boxing 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 such as, but not limited to, Karate, Kung Fu, Jujitsu, Muay Thai, Tae Kwon Do, and Kick-boxing.

26. "Mixed martial arts" means the use of a combination of techniques from different disciplines of the martial arts, including without limitation grappling, kicking, and striking.

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

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

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

Sec. 6. Prohibitions. All boxing matches, contests, or exhibits in which physical contact is made including, but not limited to, "ultimate fighting exhibitions", are prohibited in Illinois unless authorized by the Department. This provision does not apply to the following:

(1) Boxing contests or wrestling exhibitions conducted by accredited secondary schools, colleges or universities, although a fee may be charged. Institutions organized to furnish instruction in athletics are not included in this exemption.

(2) Amateur boxing matches sanctioned by the United States Amateur Boxing Federation, Inc., or Golden Gloves of America, or other amateur sanctioning body, as determined by rule, and , amateur wrestling exhibitions, and amateur or professional martial arts or kick boxing.

(3) Amateur martial art matches sanctioned by a sanctioning body approved by the Department, as determined by rule.

(4) Martial art instruction conducted by a martial art school and contests occurring within or amongst martial art schools, provided that (i) the contestants do not receive anything of value for participating other than an award, trophy, other item of recognition, or a prize that does not exceed $50 in value and (ii) no entrance fee is charged to participate or watch the school contests.

The Department shall have the authority to determine whether a contest or exhibition is an exempt martial arts or kick boxing event for purposes of this Section. In determining whether a contest or exhibition is an exempt martial arts or kick boxing event the Department shall consider, but not be limited to, the following factors:

(i) whether the event is sanctioned by a body independent of the promoters of the contest or exhibition;

(ii) whether the sanctioning body is exclusively or primarily dedicated to advancing the sport of kick boxing or martial arts;

(iii) whether the sanctioning body limits participation in its events to its registered members;

(iv) whether the sanctioning body has a record of enforcing the rules governing a contest or exhibition;

(v) the record for safety of the sanctioning body;

(vi) the record for safety of the promoters of the contest or exhibition;

(vii) whether the promoter of the contest or exhibition has a record of enforcing and abiding by the rules governing a contest or exhibition; and

(viii) whether the rules for the contest or exhibition provide substantially similar protections for the health, safety and welfare of the contestants and spectators as this Act and its rules.

(Source: P.A. 93-978, eff. 8-20-04.)

(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 boxing contest 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 contests or exhibitions. A permit issued under this Act is not transferable.

(Source: P.A. 92-499, eff. 1-1-02.)

(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 boxing contest 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 at least the following information:

(1) the names and addresses of the promoter;

(2) the name of the matchmaker;

(3) the time and exact location of the boxing contest;

(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

(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 the general public while attending boxing contests 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 of 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.

(2) The names of the contestants.

(3) Proof of insurance for not less than $50,000 $10,000 for each contestant participating in a boxing contest or exhibition.

Insurance required under this 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 boxing contest or exhibition and (ii) payment to the estate of the contestant in the event of his or her death as a result of his or her participation in the boxing contest or exhibition.

(c) All boxing promoters shall provide to the Department, at least 24 hours prior to commencement of the event, the amount of the purse to be paid for the event. The Department shall promulgate rules for payment of the purse.

(d) The boxing contest shall be held in an area where adequate neurosurgical facilities are immediately available for skilled emergency treatment of an injured contestant boxer. 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 boxing contest is to be held. 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 boxing contest and shall not be transferable. In an emergency, the Department may allow a promoter to amend a permit application to hold a boxing contest in a different location than the application specifies and may allow the promoter to substitute contestants.

(e) The Department shall be responsible for assigning the judges judge, timekeepers, referees, physicians physician, and medical personnel for a boxing contest. It shall be the responsibility of the promoter to cover the cost of the individuals utilized at a boxing contest.

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

(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 boxing contests the following persons must each be licensed and in good standing with the Department: (a) promoters, (b) contestants, (c) seconds, (d) referees, (e) judges, (f) managers, (g) matchmakers, and (h) timekeepers.

Announcers may participate in boxing 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, contestant boxer, 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. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

(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 boxer, 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 $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. 91-408, eff. 1-1-00.)

(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:

(A) An applicant for licensure as a contestant in a boxing contest must: (1) be 18 years old, (2) be of good moral character, (3) file an application stating the applicant's correct name (and no assumed or ring name may be used unless such name is registered with the Department along with the applicant's 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, martial arts, or mixed martial arts, (4) file a certificate 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 boxing contests, and (5) pay the required fee and meet any other requirements. Applicants over age 35 who have not competed in a contest within the last 36 months may be required to appear before the Board to determine their fitness to participate in a contest. A picture identification card shall be issued to all contestants boxers 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, martial arts, or mixed martial arts. The identification card shall be presented to the Department or its representative upon request at weigh-ins.

(B) An applicant for licensure as a boxing 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, martial arts, or mixed 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.

(C) An applicant for licensure as a boxing 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, martial arts, or mixed 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.

In determining good moral character, the Department may take into consideration any violation of any of the provisions of Section 16 of this Act 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. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

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

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

Sec. 12. Contests. Each boxing contestant shall be examined before entering the ring and immediately after each contest by a physician licensed to practice medicine in all of its branches. The physician shall determine, prior to the contest, if each contestant is physically fit to engage in the contest. After the contest the physician shall examine the contestant to determine possible injury. If the contestant's physical condition so indicates, the physician shall recommend to the Department immediate medical suspension. The physician may, at any time during the contest, stop the contest to examine a contestant boxer, and terminate the contest when, in the physician's opinion, continuing the contest could result in serious injury to the contestant boxer. The physician shall certify to the condition of the contestant in writing, over his signature on blank 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 boxing contest shall be held unless a physician licensed to practice medicine in all of its branches is in attendance.

No contest shall be allowed to begin unless at least one physician and 2 trained paramedics or 2 nurses who are trained to administer emergency medical care and at least one ambulance dedicated solely for the care of contestants are present.

No boxing 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 boxer shall be allowed to participate in more than 12 rounds within 72 consecutive hours. The number and length for all other contests shall be established by rule. At each boxing 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. The Department or its representative shall have discretion to declare a price, remuneration, or purse or any part of it belonging to the contestant withheld if in the judgment of the Department or its representative the contestant is not honestly competing. The Department shall have the authority to prevent a contest or exhibition from being held and shall have the authority to stop a contest fight 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 contestants or spectators. The Department's authority to stop a fight contest or exhibition on the basis that the contest fight would endanger the health, safety, and welfare of the contestants or spectators shall extend to any fight contest or exhibition, regardless of whether that fight contest or exhibition is exempted from the prohibition in Section 6 of this Act.

(Source: P.A. 92-499, eff. 1-1-02; 93-978, eff. 8-20-04.)

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

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

Sec. 13. Tickets; tax. Tickets to boxing contests, other than a boxing contest conducted at premises with an indoor seating capacity of more than 17,000, shall be printed in such form as the Department shall prescribe. A certified inventory of all tickets printed for any boxing contest shall be mailed to the Department by the promoter not less than 7 days before the boxing contest. The total number of tickets printed shall not exceed the total seating capacity of the premises in which the boxing contest is to be held. No tickets of admission to any boxing contest, other than a boxing contest conducted at premises with an indoor seating capacity of more than 17,000, shall be sold except those declared on an official ticket inventory as described in this Section.

A promoter who conducts a boxing contest under this Act, other than a boxing contest conducted at premises with an indoor seating capacity of more than 17,000, shall, within 24 hours after a boxing contest: (1) furnish to the Department a written report verified by the promoter or his authorized designee showing the number of tickets sold for the boxing contest or the actual ticket stubs and the amount of the gross proceeds thereof; and (2) pay to the Department a tax of 10% of the first $500,000 of gross receipts from the sale of admission tickets, to be placed in the General Revenue Fund.

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

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

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

Sec. 15. Inspectors. The Director may appoint boxing inspectors to assist the Department staff in the administration of the Act. Each inspector boxing instructor appointed by the 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 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. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

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

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

(2) participating in or permitting a sham or fake boxing contest;

(3) holding the boxing contest at any other time or place than is stated on the permit application;

(4) permitting any contestant other than those stated on the permit application to participate in a boxing contest, 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 boxing 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 boxing 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 contestant;

(13) permitting contestants of widely disparate weights or abilities to engage in boxing contests;

(14) participating in a contest as a contestant boxing 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 boxing 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); holding or promoting an ultimate fighting exhibition, or participating in an ultimate fighting exhibition as a promoter, contestant, referee, judge, scorer, manager, trainer, announcer, or timekeeper;

(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 contest or exhibition when requested to do so by the Department.

(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 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 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. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

(225 ILCS 105/25.1)

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

Sec. 25.1. Medical Suspension. A licensee 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 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 boxing contestant or if the contestant is knocked out other than by a blow to the head, the boxing contestant shall be immediately suspended for a period of not less than 30 days. In a mixed martial art contest, if the contestant has tapped out or has submitted, the referee shall stop the contest and the ringside physician shall determine the length of suspension.

If the boxing 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 boxing 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. 91-408, eff. 1-1-00.)

(225 ILCS 105/26) (from Ch. 111, par. 5026)

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

Sec. 26. Home rule pre-emption. It is declared to be the public policy of this State, pursuant to subsection (h) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State, including the regulation of ultimate fighting exhibitions, is an exclusive State power or function. Such power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act.

(Source: P.A. 89-578, eff. 7-30-96.)

(225 ILCS 105/7.5 rep.)

Section 10. The Professional Boxing Act is amended by repealing Section 7.5.