HB1490 EngrossedLRB097 09990 CEL 50160 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.22 and by adding Section 4.32 as follows:
 
6    (5 ILCS 80/4.22)
7    Sec. 4.22. Acts repealed on January 1, 2012. The following
8Acts are repealed on January 1, 2012:
9    The Detection of Deception Examiners Act.
10    The Home Inspector License Act.
11    The Interior Design Title Act.
12    The Massage Licensing Act.
13    The Petroleum Equipment Contractors Licensing Act.
14    The Professional Boxing Act.
15    The Real Estate Appraiser Licensing Act of 2002.
16    The Water Well and Pump Installation Contractor's License
17Act.
18(Source: P.A. 95-331, eff. 8-21-07.)
 
19    (5 ILCS 80/4.32 new)
20    Sec. 4.32. Acts repealed on January 1, 2022. The following
21Act is repealed on January 1, 2022:
22    The Boxing and Full-contact Martial Arts Act.
 

 

 

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1    Section 7. The State Finance Act is amended by adding
2Section 5.786 as follows:
 
3    (30 ILCS 105/5.786 new)
4    Sec. 5.786. The Athletics Supervision and Regulation Fund.
 
5    Section 10. The Professional Boxing Act is amended by
6changing the title of the Act and Sections 0.05, 1, 2, 6, 7, 8,
710, 10.5, 11, 12, 13, 15, 16, 17.7, 17.9, 17.10, 18, 19, 19.1,
819.2, 19.5, 20, and 25.1 and by adding Sections 10.1, 11.5, and
924.5 as follows:
 
10    (225 ILCS 105/Act title)
11An Act in relation to professional boxing and full-contact
12martial arts.
 
13    (225 ILCS 105/0.05)
14    (Section scheduled to be repealed on January 1, 2012)
15    Sec. 0.05. Declaration of public policy. Professional
16boxing and full-contact martial arts contests in the State of
17Illinois, and amateur boxing and full-contact martial arts
18contests events, are hereby declared to affect the public
19health, safety, and welfare and to be subject to regulation and
20control in the public interest. It is further declared to be a
21matter of public interest and concern that these contests and

 

 

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1events, as defined in this Act, merit and receive the
2confidence of the public and that only qualified persons be
3authorized to participate in these contests and events in the
4State of Illinois. This Act shall be liberally construed to
5best carry out these objects and purposes.
6(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
7    (225 ILCS 105/1)  (from Ch. 111, par. 5001)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 1. Short title and definitions.
10    (a) This Act may be cited as the Boxing and Full-contact
11Martial Arts Act Professional Boxing Act.
12    (b) As used in this Act:
13        1. "Department" means the Department of Financial and
14    Professional Regulation.
15        2. "Secretary" means the Secretary of Financial and
16    Professional Regulation.
17        3. "Board" means the State of Illinois Athletic
18    Professional Boxing Board established pursuant to this Act
19    appointed by the Secretary.
20        4. "License" means the license issued for promoters,
21    professionals contestants, or officials in accordance with
22    this Act.
23        5. (Blank).
24        "Professional contest" 6. "Contest" means a
25    professional boxing or professional full-contact martial

 

 

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1    arts competition in which all of the participants competing
2    against one another are professionals and where the public
3    is able to attend or a fee is charged match or exhibition.
4        7. (Blank).
5        8. (Blank).
6        9. "Permit" means the authorization from the
7    Department to a promoter to conduct professional or amateur
8    contests, or a combination of both contests.
9        10. "Promoter" means a person who is licensed and who
10    holds a permit to conduct professional or amateur contests,
11    or a combination of both.
12        11. Unless the context indicates otherwise, "person"
13    includes, but is not limited to, an individual,
14    association, organization, business entity, gymnasium, or
15    club.
16        12. (Blank).
17        13. (Blank).
18        14. (Blank).
19        15. "Judge" means a person licensed by the Department
20    who is located at ringside or adjacent to the fighting area
21    during a professional contest and who has the
22    responsibility of scoring the performance of the
23    participants in that professional the contest.
24        16. "Referee" means a person licensed by the Department
25    who has the general supervision of a contest and is present
26    inside of the ring or fighting area during a professional

 

 

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1    the contest.
2        17. "Amateur" means a person registered by the
3    Department who is not competing for, and has never received
4    or competed for, any purse or other article of value,
5    directly or indirectly, either for participating in any
6    contest or for the expenses of training therefor, other
7    than a non-monetary prize that does not exceed $50 in
8    value.
9        "Professional" 18. "Contestant" means a person
10    licensed by the Department who competes for a money prize,
11    purse, or other type of compensation in a professional
12    contest held in Illinois.
13        19. "Second" means a person licensed by the Department
14    who is present at any professional contest to provide
15    assistance or advice to a professional contestant during
16    the contest.
17        20. "Matchmaker" means a person licensed by the
18    Department who brings together professionals to compete in
19    contestants or procures contests for contestants.
20        21. "Manager" means a person licensed by the Department
21    who is not a promoter and who, under contract, agreement,
22    or other arrangement with any contestant, undertakes to,
23    directly or indirectly, control or administer the affairs
24    of professionals contestants.
25        22. "Timekeeper" means a person licensed by the
26    Department who is the official timer of the length of

 

 

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1    rounds and the intervals between the rounds.
2        23. "Purse" means the financial guarantee or any other
3    remuneration for which contestants are participating in a
4    professional contest.
5        24. "Physician" means a person licensed to practice
6    medicine in all its branches under the Medical Practice Act
7    of 1987.
8        25. "Martial arts" means a discipline or combination of
9    different disciplines that utilizes sparring techniques
10    without the intent to injure, disable, or incapacitate
11    one's opponent, such as, but not limited to, Karate, Kung
12    Fu, Judo, and Tae Kwon Do.
13        26. "Full-contact martial arts" means the use of a
14    singular discipline or a combination of techniques from
15    different disciplines of the martial arts, including,
16    without limitation, full-force grappling, kicking, and
17    striking with the intent to injure, disable, or
18    incapacitate one's opponent.
19        27. "Amateur contest full-contact martial arts event"
20    means a boxing or full-contact martial arts competition in
21    match or exhibition which all of the participants competing
22    against one another are amateurs and where the public is
23    able to attend or a fee is charged.
24        "Contestant" means a person who competes in either a
25    boxing or full-contact martial arts contest.
26        "Address of record" means the designated address

 

 

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1    recorded by the Department in the applicant's or licensee's
2    application file or license file as maintained by the
3    Department's licensure maintenance unit. It is the duty of
4    the applicant or licensee to inform the Department of any
5    change of address and those changes must be made either
6    through the Department's website or by contacting the
7    Department.
8        "Bout" means one match between 2 contestants.
9        "Sanctioning body" means an organization approved by
10    the Department under the requirements and standards stated
11    in this Act and the rules adopted under this Act to act as
12    a governing body that sanctions professional or amateur
13    contests.
14(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
15    (225 ILCS 105/2)  (from Ch. 111, par. 5002)
16    (Section scheduled to be repealed on January 1, 2012)
17    Sec. 2. State of Illinois Athletic Professional Boxing
18Board. There is created the State of Illinois Athletic
19Professional Boxing Board consisting of 6 persons who shall be
20appointed by and shall serve in an advisory capacity to the
21Secretary, and the State Professional Boxing Board shall be
22disbanded Director. One member of the Board shall be a
23physician licensed to practice medicine in all of its branches.
24The Secretary Director shall appoint each member to serve for a
25term of 3 years and until his or her successor is appointed and

 

 

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1qualified. One member of the board shall be designated as the
2Chairperson and one member shall be designated as the
3Vice-chairperson. No member shall be appointed to the Board for
4a term which would cause continuous service to be more than 9
5years. Service prior to January 1, 2000 shall not be considered
6in calculating length of service on the Board. Each member of
7the board shall receive compensation for each day he or she is
8engaged in transacting the business of the board and, in
9addition, shall be reimbursed for his or her authorized and
10approved expenses necessarily incurred in relation to such
11service in accordance with the travel regulations applicable to
12the Department at the time the expenses are incurred.
13    Four members A majority of the current members appointed
14shall constitute a quorum.
15    The members of the Board shall be immune from suit in any
16action based upon any disciplinary proceedings or other acts
17performed in good faith as members of the Board.
18    The Secretary Director may remove any member of the Board
19for misconduct, incapacity, or neglect of duty. The Secretary
20Director shall reduce to writing any causes for removal.
21(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
22    (225 ILCS 105/6)  (from Ch. 111, par. 5006)
23    (Section scheduled to be repealed on January 1, 2012)
24    Sec. 6. Restricted contests and events.
25    (a) All professional and amateur contests, or a combination

 

 

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1of both, in which physical contact is made are prohibited in
2Illinois unless authorized by the Department pursuant to the
3requirements and standards stated in this Act and the rules
4adopted pursuant to this Act. This subsection (a) does not
5apply to any of the following:
6        (1) Amateur boxing or full-contact martial arts
7    contests conducted by accredited secondary schools,
8    colleges, or universities, although a fee may be charged.
9        (2) Amateur boxing contests that are sanctioned by USA
10    Boxing or any other sanctioning organization approved by
11    the Association of Boxing Commissions.
12        (3) Amateur boxing or full-contact martial arts
13    contests conducted by a State, county, or municipal entity.
14        (4) Amateur martial arts or full-contact martial arts
15    contests, as defined by this Act, that are recognized by
16    the International Olympic Committee and are contested in
17    the Olympic Games and are not conducted in an enclosed
18    fighting area or ring.
19    No other amateur boxing or full-contact martial arts
20contests shall be permitted unless authorized by the
21Department.
22    (b) The Department shall have the authority to determine
23whether a professional or amateur contest is exempt for
24purposes of this Section. Department authorization is not
25required for amateur full-contact martial arts events
26conducted in a manner that provides substantially similar

 

 

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1protections for the health, safety, and welfare of the
2participants and the public as are required for professional
3events by this Act and the rules adopted by the Department
4under this Act. Those protections shall include, at a minimum,
5onsite medical staff and equipment, trained officials,
6adequate insurance coverage, weight classes, use of
7appropriate safety equipment by participants, adequate and
8safe competition surfaces, and standards regarding striking
9techniques and fouls. Anyone conducting an amateur
10full-contact martial arts event shall notify the Department in
11writing of the date, time, and location of that event at least
1220 days prior to the event. Failure to comply with the
13requirements of this Section shall render the event prohibited
14and unauthorized by the Department, and persons involved in the
15event are subject to the procedures and penalties set forth in
16Section 10.5.
17(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
18    (225 ILCS 105/7)  (from Ch. 111, par. 5007)
19    (Section scheduled to be repealed on January 1, 2012)
20    Sec. 7. In order to conduct a professional contest or,
21beginning 6 months after the adoption of rules pertaining to an
22amateur contest, an amateur contest, or a combination of both,
23in this State, a promoter shall obtain a permit issued by the
24Department in accordance with this Act and the rules and
25regulations adopted pursuant thereto. This permit shall

 

 

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1authorize one or more professional or amateur contests, or a
2combination of both. Amateur full-contact martial arts
3contests must be registered and sanctioned by a sanctioning
4body approved by the Department for that purpose under the
5requirements and standards stated in this Act and the rules
6adopted under this Act. A permit issued under this Act is not
7transferable.
8(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
9    (225 ILCS 105/8)  (from Ch. 111, par. 5008)
10    (Section scheduled to be repealed on January 1, 2012)
11    Sec. 8. Permits.
12    (a) A promoter who desires to obtain a permit to conduct a
13professional or amateur contest, or a combination of both,
14shall apply to the Department at least 20 days prior to the
15event, in writing, on forms furnished by the Department. The
16application shall be accompanied by the required fee and shall
17contain, but not be limited to, at least the following
18information to be submitted at times specified by rule:
19        (1) the legal names and addresses of the promoter;
20        (2) the name of the matchmaker;
21        (3) the time and exact location of the professional or
22    amateur contest, or a combination of both. It is the
23    responsibility of the promoter to ensure that the building
24    to be used for the event complies with all laws,
25    ordinances, and regulations in the city, town, village, or

 

 

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1    county where the contest is to be held;
2        (4) the seating capacity of the building where the
3    event is to be held;
4        (5) a copy of the lease or proof of ownership of the
5    building where the event is to be held;
6        (6) the admission charge or charges to be made; and
7        (4) (7) proof of adequate security measures and
8    adequate medical supervision, as determined by Department
9    rule, to ensure the protection of the health and safety of
10    contestants and the general public while attending
11    professional or amateur contests, or a combination of both;
12    and the contestants' safety while participating in the
13    events and any other information that the Department may
14    determine by rule in order to issue a permit.
15    (b) After the initial application and within 10 days prior
16to a scheduled event, a promoter shall submit to the Department
17all of the following information:
18        (1) The amount of compensation to be paid to each
19    participant.
20        (5) proof of adequate medical supervision, as
21    determined by Department rule, to ensure the protection of
22    the health and safety of professionals' or amateurs' while
23    participating in the contest;
24        (6) the (2) The names of the professionals or amateurs
25    competing; contestants.
26        (7) proof (3) Proof of insurance for not less than

 

 

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1    $50,000 as further defined by rule for each professional or
2    amateur contestant participating in a professional or
3    amateur contest, or a combination of both; insurance .
4    Insurance required under this paragraph (6) subsection
5    shall cover (i) hospital, medication, physician, and other
6    such expenses as would accrue in the treatment of an injury
7    as a result of the professional or amateur contest; and
8    (ii) payment to the estate of the professional or amateur
9    contestant in the event of his or her death as a result of
10    his or her participation in the professional or amateur
11    contest; and (iii) accidental death and dismemberment; the
12    terms of the insurance coverage must not require the
13    contestant to pay a deductible for the medical, surgical,
14    or hospital care for injuries he or she sustains while
15    engaged in a contest, and if a licensed or registered
16    contestant pays for the medical, surgical, or hospital
17    care, the insurance proceeds must be paid to the contestant
18    or his or her beneficiaries as reimbursement for such
19    payment; .
20    (c) All promoters shall provide to the Department, at least
2124 hours prior to commencement of the event, the
22        (8) the amount of the purses purse to be paid to the
23    professionals for the event; the . The Department shall
24    adopt promulgate rules for payment of the purses; purse.
25        (9) organizational or internationally accepted rules,
26    per discipline, for professional or amateur full-contact

 

 

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1    martial arts contests where the Department does not provide
2    the rules;
3        (10) proof of contract indicating the requisite
4    registration and sanctioning by a Department approved
5    sanctioning body for any full-contact martial arts contest
6    with scheduled amateur bouts; and
7        (11) any other information that the Department may
8    require to determine whether a permit shall be issued.
9    (d) The contest shall be held in an area where adequate
10neurosurgical facilities are immediately available for skilled
11emergency treatment of an injured contestant. It is the
12responsibility of the promoter to ensure that the building to
13be used for the event complies with all laws, ordinances, and
14regulations in the city, town, or village where the contest is
15to be held.
16    (b) The Department may issue a permit to any promoter who
17meets the requirements of this Act and the rules. The permit
18shall only be issued for a specific date and location of a
19professional or amateur contest, or a combination of both, and
20shall not be transferable. The In an emergency, the Department
21may allow a promoter to amend a permit application to hold a
22professional or amateur contest, or a combination of both, in a
23different location other than the application specifies and may
24allow the promoter to substitute professionals or amateurs,
25respectively contestants.
26    (c) (e) The Department shall be responsible for assigning

 

 

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1the judges, timekeepers, referees, and physicians, and medical
2personnel for a professional contest. Compensation shall be
3determined by the Department, and it It shall be the
4responsibility of the promoter to pay cover the cost of the
5individuals utilized at a contest.
6(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
7    (225 ILCS 105/10)  (from Ch. 111, par. 5010)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 10. Who must be licensed. In order to participate in
10professional contests the following persons must each be
11licensed and in good standing with the Department: (a)
12professionals, promoters, (b) contestants, (c) seconds, (c)
13(d) referees, (d) (e) judges, (e) (f) managers, (f) (g)
14matchmakers, and (g) (h) timekeepers.
15    In order to participate in professional or amateur contests
16or a combination of both, promoters must be licensed and in
17good standing with the Department.
18    Announcers may participate in professional or amateur
19contests, or a combination of both, without being licensed
20under this Act. It shall be the responsibility of the promoter
21to ensure that announcers comply with the Act, and all rules
22and regulations promulgated pursuant to this Act.
23    A licensed promoter may not act as, and cannot be licensed
24as, a second, professional contestant, referee, timekeeper,
25judge, or manager. If he or she is so licensed, he or she must

 

 

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1relinquish any of these licenses to the Department for
2cancellation. A person possessing a valid promoter's license
3may act as a matchmaker.
4(Source: P.A. 95-593, eff. 6-1-08.)
 
5    (225 ILCS 105/10.1 new)
6    Sec. 10.1. Registration of amateurs. Beginning 6 months
7after the adoption of rules providing for the registration of
8amateurs under this Act, it shall be unlawful for any person to
9compete as an amateur unless he or she is registered and in
10good standing with the Department or is otherwise exempt from
11registration under this Act. A person who is required to
12register shall apply to the Department, in writing, on forms
13provided by the Department.
 
14    (225 ILCS 105/10.5)
15    (Section scheduled to be repealed on January 1, 2012)
16    Sec. 10.5. Unlicensed practice; violation; civil penalty.
17    (a) Any person who practices, offers to practice, attempts
18to practice, or holds oneself out to practice as a promoter,
19professional contestant, second, referee, judge, manager,
20matchmaker, or timekeeper without being licensed under this Act
21shall, in addition to any other penalty provided by law, pay a
22civil penalty to the Department in an amount not to exceed
23$10,000 $5,000 for each offense as determined by the
24Department. The civil penalty shall be assessed by the

 

 

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1Department after a hearing is held in accordance with the
2provisions set forth in this Act regarding the provision of a
3hearing for the discipline of a licensee.
4    (b) The Department has the authority and power to
5investigate any and all unlicensed activity.
6    (c) The civil penalty shall be paid within 60 days after
7the effective date of the order imposing the civil penalty. The
8order shall constitute a judgment and may be filed and
9execution had thereon in the same manner as any judgment from
10any court of record.
11(Source: P.A. 95-593, eff. 6-1-08.)
 
12    (225 ILCS 105/11)  (from Ch. 111, par. 5011)
13    (Section scheduled to be repealed on January 1, 2012)
14    Sec. 11. Qualifications for license. The Department shall
15grant licenses to the following persons if the following
16qualifications are met:
17        (1) (A) An applicant for licensure as a professional
18    contestant in a contest must: (1) be 18 years old, (2) be
19    of good moral character, (3) file an application stating
20    the applicant's legal correct name (and no assumed or ring
21    name may be used unless such name is registered with the
22    Department along with the applicant's legal correct name),
23    date and place of birth, place of current residence, and a
24    sworn statement that he is not currently in violation of
25    any federal, State or local laws or rules governing boxing

 

 

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1    or full-contact martial arts, (4) file a certificate from
2    of a physician licensed to practice medicine in all of its
3    branches which attests that the applicant is physically fit
4    and qualified to participate in professional contests, and
5    (5) pay the required fee and meet any other requirements.
6    Applicants over age 35 who have not competed in a
7    professional or amateur contest within the last 36 months
8    may be required to appear before the Department Board to
9    determine their fitness to participate in a professional
10    contest. A picture identification card shall be issued to
11    all professionals contestants licensed by the Department
12    who are residents of Illinois or who are residents of any
13    jurisdiction, state, or country that does not regulate
14    professional boxing or full-contact martial arts. The
15    identification card shall be presented to the Department or
16    its representative upon request at weigh-ins.
17        (2) (B) An applicant for licensure as a referee, judge,
18    manager, second, matchmaker, or timekeeper must: (1) be of
19    good moral character, (2) file an application stating the
20    applicant's name, date and place of birth, and place of
21    current residence along with a certifying statement that he
22    is not currently in violation of any federal, State, or
23    local laws or rules governing boxing, or full-contact
24    martial arts, (3) have had satisfactory experience in his
25    field, (4) pay the required fee, and (5) meet any other
26    requirements as determined by rule.

 

 

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1        (3) (C) An applicant for licensure as a promoter must:
2    (1) be of good moral character, (2) file an application
3    with the Department stating the applicant's name, date and
4    place of birth, place of current residence along with a
5    certifying statement that he is not currently in violation
6    of any federal, State, or local laws or rules governing
7    boxing or full-contact martial arts, (3) provide proof of a
8    surety bond of no less than $5,000 to cover financial
9    obligations pursuant to this Act, payable to the Department
10    and conditioned for the payment of the tax imposed by this
11    Act and compliance with this Act and the rules promulgated
12    pursuant to this Act, (4) provide a financial statement,
13    prepared by a certified public accountant, showing liquid
14    working capital of $10,000 or more, or a $10,000
15    performance bond guaranteeing payment of all obligations
16    relating to the promotional activities, and (5) pay the
17    required fee and meet any other requirements as determined
18    by rule.
19        (4) All applicants shall submit an application to the
20    Department, in writing, on forms provided by the
21    Department, containing such information as determined by
22    rule.
23    In determining good moral character, the Department may
24take into consideration any violation of any of the provisions
25of Section 16 of this Act as to referees, judges, managers,
26matchmakers, timekeepers, or promoters and any felony

 

 

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1conviction of the applicant, but such a conviction shall not
2operate as a bar to licensure. No license issued under this Act
3is transferable.
4    The Department may issue temporary licenses as provided by
5rule.
6(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
7    (225 ILCS 105/11.5 new)
8    Sec. 11.5. Qualifications for registration. An applicant
9for registration as an amateur competing in an amateur full
10contact martial arts contest must (1) be 18 years old; (2) be
11of good moral character; (3) file an application stating the
12applicant's legal name, date and place of birth, and place of
13current residence and a sworn statement that he or she is not
14currently in violation of any federal, State, or local laws or
15rules governing full-contact martial arts; (4) file a
16certificate from a physician which attests that the applicant
17is physically fit and qualified to participate in contests; and
18(5) meet any other requirements as established by rule.
19    In determining good moral character, the Department may
20take into consideration any violation of any of the provisions
21of Section 16 of this Act. No registration issued under this
22Act is transferable.
23    This Section does not apply to amateur participants under
24the age of 18 and younger. Participants under the age of 18 and
25younger shall meet all other requirements for amateurs in this

 

 

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1Act and as established by rule.
 
2    (225 ILCS 105/12)  (from Ch. 111, par. 5012)
3    (Section scheduled to be repealed on January 1, 2012)
4    Sec. 12. Professional or amateur contests Contests.
5    (a) The professional or amateur contest, or a combination
6of both, shall be held in an area where adequate neurosurgical
7facilities are immediately available for skilled emergency
8treatment of an injured professional or amateur.
9    (b) Each professional or amateur contestant shall be
10examined before entering the contest ring and promptly
11immediately after each bout contest by a physician licensed to
12practice medicine in all of its branches. The physician shall
13determine, prior to the contest, if each professional or
14amateur contestant is physically fit to compete engage in the
15contest. After the bout contest the physician shall examine the
16professional or amateur contestant to determine possible
17injury. If the professional's or amateur's contestant's
18physical condition so indicates, the physician shall recommend
19to the Department immediate medical suspension. The physician
20or a licensed emergency medical technician-paramedic (EMT-P)
21must check the vital signs of all contestants as established by
22rule.
23    (c) The physician may, at any time during the professional
24or amateur bout contest, stop the professional or amateur bout
25contest to examine a professional or amateur contestant, and

 

 

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1may direct the referee to terminate the bout contest when, in
2the physician's opinion, continuing the bout contest could
3result in serious injury to the professional or amateur
4contestant. If the professional's or amateur's physical
5condition so indicates, the physician shall recommend to the
6Department immediate medical suspension. The physician shall
7certify to the condition of the professional or amateur
8contestant in writing, over his signature on forms provided by
9the Department. Such reports shall be submitted to the
10Department in a timely manner. The physician shall be paid by
11the promoter a fee fixed by the Department. No contest shall be
12held unless a physician licensed to practice medicine in all of
13its branches is in attendance.
14    (d) No professional or amateur contest, or a combination of
15both, shall be allowed to begin or be held unless at least one
16physician, and 2 EMT-Ps, trained paramedics or 2 nurses who are
17trained to administer emergency medical care and at least one
18ambulance have been contracted with dedicated solely for the
19care of professionals or amateurs who are competing as defined
20by rule contestants are present.
21    (e) No professional boxing bout contest shall be more than
2212 rounds in length. The rounds shall not be more than 3
23minutes each with a one minute interval between them, and no
24professional boxer shall be allowed to participate in more than
25one contest within a 7-day period 12 rounds within 72
26consecutive hours.

 

 

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1    The number and length of rounds for all other professional
2or amateur boxing or full-contact martial arts contests, or a
3combination of both, shall be determined established by rule.
4    (f) The number and types of officials required for each
5professional or amateur contest, or a combination of both,
6shall be determined by rule. At each contest there shall be a
7referee in attendance who shall direct and control the contest.
8The referee, before each contest, shall learn the name of the
9contestant's chief second and shall hold the chief second
10responsible for the conduct of his assistant during the
11progress of the contest.
12    There shall be 2 judges in attendance at all boxing
13contests who shall render a decision at the end of each
14contest. The decision of the judges, taken together with the
15decision of the referee, is final; or, 3 judges shall score the
16contest with the referee not scoring. The method of scoring
17shall be set forth in rules. The number of judges required and
18the manner of scoring for all other contests shall be set by
19rule.
20    Judges, referees, or timekeepers for contests shall be
21assigned by the Department.
22    (g) The Department or its representative shall have
23discretion to declare a price, remuneration, or purse or any
24part of it belonging to the professional contestant withheld if
25in the judgment of the Department or its representative the
26professional contestant is not honestly competing.

 

 

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1    (h) The Department shall have the authority to prevent a
2professional or amateur contest, or a combination of both, from
3being held and shall have the authority to stop a professional
4or amateur contest, or a combination of both, for noncompliance
5with any part of this Act or rules or when, in the judgment of
6the Department, or its representative, continuation of the
7event would endanger the health, safety, and welfare of the
8professionals or amateurs contestants or spectators. The
9Department's authority to stop a contest on the basis that the
10professional or amateur contest, or a combination of both,
11would endanger the health, safety, and welfare of the
12professionals or amateurs contestants or spectators shall
13extend to any professional or amateur contest, or a combination
14of both, regardless of whether that amateur contest is exempted
15from the prohibition in Section 6 of this Act. Department
16staff, or its representative, may be present at any
17full-contact martial arts contest with scheduled amateur
18bouts.
19(Source: P.A. 95-593, eff. 6-1-08.)
 
20    (225 ILCS 105/13)  (from Ch. 111, par. 5013)
21    (Section scheduled to be repealed on January 1, 2012)
22    Sec. 13. Tickets; tax. Tickets to professional or amateur
23contests, or a combination of both, shall be printed in such
24form as the Department shall prescribe. A certified inventory
25of all tickets printed for any professional or amateur contest,

 

 

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1or a combination of both, shall be mailed to the Department by
2the promoter not less than 7 days before the contest. The total
3number of tickets printed shall not exceed the total seating
4capacity of the premises in which the professional or amateur
5contest, or a combination of both, is to be held. No tickets of
6admission to any professional or amateur contest, or a
7combination of both, shall be sold except those declared on an
8official ticket inventory as described in this Section.
9    (a) A promoter who conducts a professional or a combination
10of a professional and amateur contest under this Act shall,
11within 24 hours after such a contest:
12        (1) furnish to the Department a written report verified
13    by the promoter or his authorized designee showing the
14    number of tickets sold for such a the contest or the actual
15    ticket stubs of tickets sold and the amount of the gross
16    proceeds thereof; and
17        (2) pay to the Department a tax of 5% 3% of the first
18    $500,000 of gross receipts from the sale of admission
19    tickets, not to exceed $52,500, to be collected by the
20    Department and placed in the Athletics Supervision and
21    Regulation General Revenue Fund, a special fund created in
22    the State Treasury to be administered by the Department.
23    Moneys in the Athletics Supervision and Regulation Fund
24shall be used by the Department, subject to appropriation, for
25expenses incurred in administering this Act. Moneys in the Fund
26may be transferred to the Professions Indirect Cost Fund, as

 

 

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1authorized under Section 2105-300 of the Department of
2Professional Regulation Law.
3    In addition to the payment of any other taxes and money due
4under subsection (a), every promoter of a professional or a
5combination of a professional and amateur contest shall pay to
6the Department 3% of the first $500,000 and 4% thereafter,
7which shall not exceed $35,000 in total from the total gross
8receipts from the sale, lease, or other exploitation of
9broadcasting, including, but not limited to, Internet, cable,
10television, and motion picture rights for that professional or
11professional and amateur combination contest or exhibition
12without any deductions for commissions, brokerage fees,
13distribution fees, advertising, professional contestants'
14purses, or any other expenses or charges. These fees shall be
15paid to the Department within 72 hours after the broadcast of
16the contest and placed in the Athletics Supervision and
17Regulation Fund.
18    (b) A promoter who conducts an amateur contest under this
19Act shall, within 24 hours after such a contest:
20        (1) furnish to the Department a written report verified
21    by the promoter or his or her authorized designee showing
22    the number of tickets sold for the amateur contest or the
23    actual ticket stubs of tickets sold and the amount of the
24    gross proceeds thereof; and
25        (2) pay to the Department a tax of 3% of gross receipts
26    from the sale of admission tickets, not to exceed $52,500,

 

 

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1    to be collected by the Department and placed in the
2    Athletics Supervision and Regulation Fund.
3(Source: P.A. 95-593, eff. 6-1-08.)
 
4    (225 ILCS 105/15)  (from Ch. 111, par. 5015)
5    (Section scheduled to be repealed on January 1, 2012)
6    Sec. 15. Inspectors. The Secretary Director may appoint
7inspectors to assist the Department staff in the administration
8of the Act. Each inspector appointed by the Secretary Director
9shall receive compensation for each day he or she is engaged in
10the transacting of business of the Department. Each inspector
11shall carry a card issued by the Department to authorize him or
12her to act in such capacity. The inspector or inspectors shall
13supervise each professional contest and, at the Department's
14discretion, may supervise any contest to ensure that the
15provisions of the Act are strictly enforced. The inspectors
16shall also be present at the counting of the gross receipts and
17shall immediately deliver to the Department the official box
18office statement as required by Section 13.
19(Source: P.A. 95-593, eff. 6-1-08.)
 
20    (225 ILCS 105/16)  (from Ch. 111, par. 5016)
21    (Section scheduled to be repealed on January 1, 2012)
22    Sec. 16. Discipline and sanctions.
23    (a) The Department may refuse to issue a permit, or
24license, or registration, refuse to renew, suspend, revoke,

 

 

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1reprimand, place on probation, or take such other disciplinary
2or non-disciplinary action as the Department may deem proper,
3including the imposition of fines not to exceed $10,000 $5,000
4for each violation, with regard to any permit, license, or
5registration for one or any combination of the following
6reasons:
7        (1) gambling, betting, or wagering on the result of or
8    a contingency connected with a professional or amateur
9    contest, or a combination of both, or permitting such
10    activity to take place;
11        (2) participating in or permitting a sham or fake
12    professional or amateur contest, or a combination of both;
13        (3) holding the professional or amateur contest, or a
14    combination of both, at any other time or place than is
15    stated on the permit application;
16        (4) permitting any professional or amateur contestant
17    other than those stated on the permit application to
18    participate in a professional or amateur contest, or a
19    combination of both, except as provided in Section 9;
20        (5) violation or aiding in the violation of any of the
21    provisions of this Act or any rules or regulations
22    promulgated thereto;
23        (6) violation of any federal, State or local laws of
24    the United States or other jurisdiction governing
25    professional or amateur contests or any regulation
26    promulgated pursuant thereto;

 

 

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1        (7) charging a greater rate or rates of admission than
2    is specified on the permit application;
3        (8) failure to obtain all the necessary permits,
4    registrations, or licenses as required under this Act;
5        (9) failure to file the necessary bond or to pay the
6    gross receipts tax as required by this Act;
7        (10) engaging in dishonorable, unethical or
8    unprofessional conduct of a character likely to deceive,
9    defraud or harm the public, or which is detrimental to
10    honestly conducted contests;
11        (11) employment of fraud, deception or any unlawful
12    means in applying for or securing a permit or license under
13    this Act;
14        (12) permitting a physician making the physical
15    examination to knowingly certify falsely to the physical
16    condition of a professional or amateur contestant;
17        (13) permitting professionals or amateurs contestants
18    of widely disparate weights or abilities to engage in
19    professional or amateur contests, respectively;
20        (14) participating in a professional contest as a
21    professional contestant while under medical suspension in
22    this State or in any other state, territory or country;
23        (15) physical illness, including, but not limited to,
24    deterioration through the aging process, or loss of motor
25    skills which results in the inability to participate in
26    contests with reasonable judgment, skill, or safety;

 

 

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1        (16) allowing one's license or permit issued under this
2    Act to be used by another person;
3        (17) failing, within a reasonable time, to provide any
4    information requested by the Department as a result of a
5    formal or informal complaint;
6        (18) professional incompetence;
7        (19) failure to file a return, or to pay the tax,
8    penalty or interest shown in a filed return, or to pay any
9    final assessment of tax, penalty or interest, as required
10    by any tax Act administered by the Illinois Department of
11    Revenue, until such time as the requirements of any such
12    tax Act are satisfied;
13        (20) (blank);
14        (21) habitual or excessive use or addiction to alcohol,
15    narcotics, stimulants, or any other chemical agent or drug
16    that results in an inability to participate in an event; or
17        (22) failure to stop a professional or amateur contest,
18    or a combination of both, when requested to do so by the
19    Department; .
20        (23) failure of a promoter to adequately supervise and
21    enforce this Act and its rules as applicable to amateur
22    contests, as set forth in rule; or
23        (24) a finding by the Department that the licensee,
24    after having his or her license placed on probationary
25    status, has violated the terms of probation.
26    (b) The determination by a circuit court that a licensee is

 

 

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1subject to involuntary admission or judicial admission as
2provided in the Mental Health and Developmental Disabilities
3Code operates as an automatic suspension. The suspension will
4end only upon a finding by a court that the licensee is no
5longer subject to involuntary admission or judicial admission,
6issuance of an order so finding and discharging the licensee,
7and upon the recommendation of the Board to the Director that
8the licensee be allowed to resume his or her practice.
9    (c) In enforcing this Section, the Department Board, upon a
10showing of a possible violation, may compel any individual
11licensed to practice under this Act, or who has applied for
12licensure pursuant to this Act, to submit to a mental or
13physical examination, or both, as required by and at the
14expense of the Department. The examining physicians or clinical
15psychologists shall be those specifically designated by the
16Department Board. The Board or the Department may order the
17examining physician or clinical psychologist to present
18testimony concerning this mental or physical examination of the
19licensee or applicant. No information shall be excluded by
20reason of any common law or statutory privilege relating to
21communications between the licensee or applicant and the
22examining physician or clinical psychologist. Eye examinations
23may be provided by a licensed and certified therapeutic
24optometrist. The individual to be examined may have, at his or
25her own expense, another physician of his or her choice present
26during all aspects of the examination. Failure of any

 

 

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1individual to submit to a mental or physical examination, when
2directed, shall be grounds for suspension of a license until
3such time as the individual submits to the examination if the
4Board finds, after notice and hearing, that the refusal to
5submit to the examination was without reasonable cause.
6    (d) If the Board finds an individual unable to practice
7because of the reasons set forth in this Section, the Board
8shall require the individual to submit to care, counseling, or
9treatment by physicians or clinical psychologists approved or
10designated by the Board, as a condition, term, or restriction
11for continued, reinstated, or renewed licensure, or in lieu of
12care, counseling, or treatment, the Board may recommend to the
13Department to file a complaint to immediately suspend, revoke,
14or otherwise discipline the license of the individual. Any
15individual whose license was granted pursuant to this Act, or
16continued, reinstated, renewed, disciplined, or supervised,
17subject to such conditions, terms, or restrictions, who shall
18fail to comply with such conditions, terms, or restrictions,
19shall be referred to the Director for a determination as to
20whether the individual shall have his or her license suspended
21immediately, pending a hearing by the Board.
22(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
23    (225 ILCS 105/17.7)
24    (Section scheduled to be repealed on January 1, 2012)
25    Sec. 17.7. Restoration of license from discipline

 

 

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1suspended or revoked license. At any time after the successful
2completion of a term of indefinite probation, suspension, or
3revocation of a license, the Department may restore the license
4to the licensee, unless after an investigation and hearing the
5Secretary determines that restoration is not in the public
6interest. No person or entity whose license, certificate, or
7authority has been revoked as authorized in this Act may apply
8for restoration of that license, certification, or authority
9until such time as provided for in the Civil Administrative
10Code of Illinois. At any time after the suspension or
11revocation of a license, the Department may restore it to the
12licensee upon the written recommendation of the Board, unless
13after an investigation and a hearing the Board determines that
14restoration is not in the public interest.
15(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
16    (225 ILCS 105/17.9)
17    (Section scheduled to be repealed on January 1, 2012)
18    Sec. 17.9. Summary suspension of a license or registration.
19The Secretary Director may summarily suspend a license or
20registration without a hearing if the Secretary Director finds
21that evidence in the Secretary's Director's possession
22indicates that the continuation of practice would constitute an
23imminent danger to the public, participants, including any
24professional contest officials, or the individual involved or
25cause harm to the profession. If the Secretary Director

 

 

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1summarily suspends the license without a hearing, a hearing
2must be commenced within 30 days after the suspension has
3occurred and concluded as expeditiously as practical.
4(Source: P.A. 95-593, eff. 6-1-08.)
 
5    (225 ILCS 105/17.10)
6    (Section scheduled to be repealed on January 1, 2012)
7    Sec. 17.10. Administrative review; venue.
8    (a) All final administrative decisions of the Department
9are subject to judicial review under the Administrative Review
10Law and its rules. The term "administrative decision" is
11defined as in Section 3-101 of the Code of Civil Procedure.
12    (b) Proceedings for judicial review shall be commenced in
13the circuit court of the county in which the party applying for
14relief review resides, but if the party is not a resident of
15Illinois, the venue shall be in Sangamon County.
16    (c) The Department shall not be required to certify any
17record to the court or file any answer in court or otherwise
18appear in any court in a judicial review proceeding, unless and
19until the Department has received from the plaintiff payment of
20the costs of furnishing and certifying the record, which costs
21shall be determined by the Department. Failure on the part of
22the plaintiff to file a receipt in court shall be grounds for
23dismissal of the action.
24(Source: P.A. 91-408, eff. 1-1-00.)
 

 

 

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1    (225 ILCS 105/18)  (from Ch. 111, par. 5018)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 18. Investigations; notice and hearing. The
4Department may investigate the actions of any applicant or of
5any person or persons promoting or participating in a
6professional or amateur contest or any person holding or
7claiming to hold a license. The Department shall, before
8revoking, suspending, placing on probation, reprimanding, or
9taking any other disciplinary action under this Act, at least
1030 days before the date set for the hearing, (i) notify the
11accused in writing of the charges made and the time and place
12for the hearing on the charges, (ii) direct him or her to file
13a written answer to the charges with the Department Board under
14oath within 20 days after the service on him or her of the
15notice, and (iii) inform the accused that, if he or she fails
16to answer, default will be taken against him or her or that his
17or her license may be suspended, revoked, or placed on
18probationary status or that other disciplinary action may be
19taken with regard to the license, including limiting the scope,
20nature, or extent of his or her practice, as the Department may
21consider proper. At the time and place fixed in the notice, the
22hearing officer Board shall proceed to hear the charges, and
23the parties or their counsel shall be accorded ample
24opportunity to present any pertinent statements, testimony,
25evidence, and arguments. The hearing officer Board may continue
26the hearing from time to time. In case the person, after

 

 

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1receiving the notice, fails to file an answer, his or her
2license may, in the discretion of the Department, be suspended,
3revoked, or placed on probationary status or the Department may
4take whatever disciplinary action considered proper, including
5limiting the scope, nature, or extent of the person's practice
6or the imposition of a fine, without a hearing, if the act or
7acts charged constitute sufficient grounds for that action
8under this Act. The written notice may be served by personal
9delivery or by certified mail to the person's address of record
10specified by the accused in his or her last notification with
11the Department.
12(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
13    (225 ILCS 105/19)  (from Ch. 111, par. 5019)
14    (Section scheduled to be repealed on January 1, 2012)
15    Sec. 19. Findings and recommendations. At the conclusion of
16the hearing, the hearing officer Board shall present to the
17Secretary Director a written report of its findings,
18conclusions of law, and recommendations. The report shall
19contain a finding of whether the accused person violated this
20Act or its rules or failed to comply with the conditions
21required in this Act or its rules. The hearing officer Board
22shall specify the nature of any violations or failure to comply
23and shall make its recommendations to the Secretary Director.
24In making recommendations for any disciplinary actions, the
25hearing officer Board may take into consideration all facts and

 

 

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1circumstances bearing upon the reasonableness of the conduct of
2the accused and the potential for future harm to the public
3including, but not limited to, previous discipline of the
4accused by the Department, intent, degree of harm to the public
5and likelihood of harm in the future, any restitution made by
6the accused, and whether the incident or incidents contained in
7the complaint appear to be isolated or represent a continuing
8pattern of conduct. In making its recommendations for
9discipline, the hearing officer Board shall endeavor to ensure
10that the severity of the discipline recommended is reasonably
11related to the severity of the violation.
12    The report of findings of fact, conclusions of law, and
13recommendation of the hearing officer Board shall be the basis
14for the Department's order refusing to issue, restore, or renew
15a license, or otherwise disciplining a licensee. If the
16Secretary Director disagrees with the recommendations of the
17hearing officer Board, the Secretary Director may issue an
18order in contravention of the hearing officer's Board
19recommendations. The Director shall provide a written report to
20the Board on any disagreement and shall specify the reasons for
21the action in the final order. The finding is not admissible in
22evidence against the person in a criminal prosecution brought
23for a violation of this Act, but the hearing and finding are
24not a bar to a criminal prosecution brought for a violation of
25this Act.
26(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 

 

 

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1    (225 ILCS 105/19.1)  (from Ch. 111, par. 5019.1)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 19.1. Appointment of a hearing officer. The Secretary
4Director has the authority to appoint any attorney duly
5licensed to practice law in the State of Illinois to serve as
6the hearing officer in any action for refusal to issue,
7restore, or renew a license or discipline of a licensee. The
8hearing officer has full authority to conduct the hearing. The
9hearing officer shall report his or her findings of fact,
10conclusions of law, and recommendations to the Board and the
11Secretary Director. The Board shall have 60 days from receipt
12of the report to review the report of the hearing officer and
13present its findings of fact, conclusions of law and
14recommendations to the Director. If the Board fails to present
15its report within the 60 day period, the Director may issue an
16order based on the report of the hearing officer. If the
17Secretary Director determines that the hearing officer's
18Board's report is contrary to the manifest weight of the
19evidence, he may issue an order in contravention of the
20recommendation. The Director shall promptly provide a written
21report of the Board on any deviation and shall specify the
22reasons for the action in the final order.
23(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
24    (225 ILCS 105/19.2)

 

 

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1    (Section scheduled to be repealed on January 1, 2012)
2    Sec. 19.2. Subpoenas; depositions; oaths. The Department
3has the power to subpoena documents, books, records, or other
4materials and to bring before it any person and to take
5testimony either orally or by deposition, or both, with the
6same fees and mileage and in the same manner as prescribed in
7civil cases in the courts of this State.
8    The Secretary Director, the designated hearing officer,
9and every member of the Department have Board has the power to
10administer oaths to witnesses at any hearing that the
11Department is authorized to conduct and any other oaths
12authorized in any Act administered by the Department.
13(Source: P.A. 91-408, eff. 1-1-00.)
 
14    (225 ILCS 105/19.5)
15    (Section scheduled to be repealed on January 1, 2012)
16    Sec. 19.5. Order or certified copy; prima facie proof. An
17order or certified copy thereof, over the seal of the
18Department and purporting to be signed by the Secretary
19Director, is prima facie proof that:
20        (1) the signature is the genuine signature of the
21    Secretary Director; and
22        (2) the Secretary Director is duly appointed and
23    qualified. ; and
24        (3) the Board and its members are qualified to act.
25(Source: P.A. 91-408, eff. 1-1-00.)
 

 

 

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1    (225 ILCS 105/20)  (from Ch. 111, par. 5020)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 20. Stenographer; transcript. The Department, at its
4expense, shall provide a stenographer to take down the
5testimony and preserve a record of all proceedings at the
6hearing of any case wherein a license or permit is subjected to
7disciplinary action. The notice of hearing, complaint and all
8other documents in the nature of pleadings and written motions
9filed in the proceedings, the transcript of testimony, the
10report of the hearing officer board and the orders of the
11Department shall be the record of the proceedings. The
12Department shall furnish a transcript of the record to any
13person interested in the hearing upon payment of the fee
14required under Section 2105-115 of the Department of
15Professional Regulation Law (20 ILCS 2105/2105-115).
16(Source: P.A. 91-239, eff. 1-1-00.)
 
17    (225 ILCS 105/24.5 new)
18    Sec. 24.5. Confidentiality. All information collected by
19the Department in the course of an examination or investigation
20of a licensee, registrant, or applicant, including, but not
21limited to, any complaint against a licensee or registrant
22filed with the Department and information collected to
23investigate any such complaint, shall be maintained for the
24confidential use of the Department and shall not be disclosed.

 

 

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1The Department may not disclose such information to anyone
2other than law enforcement officials, other regulatory
3agencies that have an appropriate regulatory interest as
4determined by the Secretary, or a party presenting a lawful
5subpoena to the Department. Information and documents
6disclosed to a federal, State, county, or local law enforcement
7agency shall not be disclosed by the agency for any purpose to
8any other agency or person. A formal complaint filed against a
9licensee or registrant by the Department or any order issued by
10the Department against a licensee, registrant, or applicant
11shall be a public record, except as otherwise prohibited by
12law.
 
13    (225 ILCS 105/25.1)
14    (Section scheduled to be repealed on January 1, 2012)
15    Sec. 25.1. Medical Suspension. A licensee or registrant who
16is determined by the examining physician to be unfit to compete
17or officiate shall be immediately suspended until it is shown
18that he or she is fit for further competition or officiating.
19If the licensee or registrant disagrees with a medical
20suspension set at the discretion of the ringside physician, he
21or she may request a hearing to show proof of fitness. The
22hearing shall be provided at the earliest opportunity after the
23Department receives a written request from the licensee.
24    If the referee has rendered a decision of technical
25knockout against a professional or amateur contestant or if the

 

 

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1professional or amateur contestant is knocked out other than by
2a blow to the head, the professional or amateur contestant
3shall be immediately suspended for a period of not less than 30
4days. In a full-contact martial arts contest, if the
5professional or amateur contestant has tapped out or has
6submitted, the referee shall stop the professional or amateur
7contest and the ringside physician shall determine the length
8of suspension.
9    If the professional or amateur contestant has been knocked
10out by a blow to the head, he or she shall be suspended
11immediately for a period of not less than 45 days.
12    Prior to reinstatement, any professional or amateur
13contestant suspended for his or her medical protection shall
14satisfactorily pass a medical examination upon the direction of
15the Department. The examining physician may require any
16necessary medical procedures during the examination.
17(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
18    Section 15. The Unified Code of Corrections is amended by
19changing Section 5-5-5 as follows:
 
20    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
21    Sec. 5-5-5. Loss and Restoration of Rights.
22    (a) Conviction and disposition shall not entail the loss by
23the defendant of any civil rights, except under this Section
24and Sections 29-6 and 29-10 of The Election Code, as now or

 

 

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1hereafter amended.
2    (b) A person convicted of a felony shall be ineligible to
3hold an office created by the Constitution of this State until
4the completion of his sentence.
5    (c) A person sentenced to imprisonment shall lose his right
6to vote until released from imprisonment.
7    (d) On completion of sentence of imprisonment or upon
8discharge from probation, conditional discharge or periodic
9imprisonment, or at any time thereafter, all license rights and
10privileges granted under the authority of this State which have
11been revoked or suspended because of conviction of an offense
12shall be restored unless the authority having jurisdiction of
13such license rights finds after investigation and hearing that
14restoration is not in the public interest. This paragraph (d)
15shall not apply to the suspension or revocation of a license to
16operate a motor vehicle under the Illinois Vehicle Code.
17    (e) Upon a person's discharge from incarceration or parole,
18or upon a person's discharge from probation or at any time
19thereafter, the committing court may enter an order certifying
20that the sentence has been satisfactorily completed when the
21court believes it would assist in the rehabilitation of the
22person and be consistent with the public welfare. Such order
23may be entered upon the motion of the defendant or the State or
24upon the court's own motion.
25    (f) Upon entry of the order, the court shall issue to the
26person in whose favor the order has been entered a certificate

 

 

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1stating that his behavior after conviction has warranted the
2issuance of the order.
3    (g) This Section shall not affect the right of a defendant
4to collaterally attack his conviction or to rely on it in bar
5of subsequent proceedings for the same offense.
6    (h) No application for any license specified in subsection
7(i) of this Section granted under the authority of this State
8shall be denied by reason of an eligible offender who has
9obtained a certificate of relief from disabilities, as defined
10in Article 5.5 of this Chapter, having been previously
11convicted of one or more criminal offenses, or by reason of a
12finding of lack of "good moral character" when the finding is
13based upon the fact that the applicant has previously been
14convicted of one or more criminal offenses, unless:
15        (1) there is a direct relationship between one or more
16    of the previous criminal offenses and the specific license
17    sought; or
18        (2) the issuance of the license would involve an
19    unreasonable risk to property or to the safety or welfare
20    of specific individuals or the general public.
21    In making such a determination, the licensing agency shall
22consider the following factors:
23        (1) the public policy of this State, as expressed in
24    Article 5.5 of this Chapter, to encourage the licensure and
25    employment of persons previously convicted of one or more
26    criminal offenses;

 

 

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1        (2) the specific duties and responsibilities
2    necessarily related to the license being sought;
3        (3) the bearing, if any, the criminal offenses or
4    offenses for which the person was previously convicted will
5    have on his or her fitness or ability to perform one or
6    more such duties and responsibilities;
7        (4) the time which has elapsed since the occurrence of
8    the criminal offense or offenses;
9        (5) the age of the person at the time of occurrence of
10    the criminal offense or offenses;
11        (6) the seriousness of the offense or offenses;
12        (7) any information produced by the person or produced
13    on his or her behalf in regard to his or her rehabilitation
14    and good conduct, including a certificate of relief from
15    disabilities issued to the applicant, which certificate
16    shall create a presumption of rehabilitation in regard to
17    the offense or offenses specified in the certificate; and
18        (8) the legitimate interest of the licensing agency in
19    protecting property, and the safety and welfare of specific
20    individuals or the general public.
21    (i) A certificate of relief from disabilities shall be
22issued only for a license or certification issued under the
23following Acts:
24        (1) the Animal Welfare Act; except that a certificate
25    of relief from disabilities may not be granted to provide
26    for the issuance or restoration of a license under the

 

 

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1    Animal Welfare Act for any person convicted of violating
2    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
3    Care for Animals Act or Section 26-5 of the Criminal Code
4    of 1961;
5        (2) the Illinois Athletic Trainers Practice Act;
6        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
7    and Nail Technology Act of 1985;
8        (4) the Boiler and Pressure Vessel Repairer Regulation
9    Act;
10        (5) the Professional Boxing and Full-contact Martial
11    Arts Act;
12        (6) the Illinois Certified Shorthand Reporters Act of
13    1984;
14        (7) the Illinois Farm Labor Contractor Certification
15    Act;
16        (8) the Interior Design Title Act;
17        (9) the Illinois Professional Land Surveyor Act of
18    1989;
19        (10) the Illinois Landscape Architecture Act of 1989;
20        (11) the Marriage and Family Therapy Licensing Act;
21        (12) the Private Employment Agency Act;
22        (13) the Professional Counselor and Clinical
23    Professional Counselor Licensing Act;
24        (14) the Real Estate License Act of 2000;
25        (15) the Illinois Roofing Industry Licensing Act;
26        (16) the Professional Engineering Practice Act of

 

 

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1    1989;
2        (17) the Water Well and Pump Installation Contractor's
3    License Act;
4        (18) the Electrologist Licensing Act;
5        (19) the Auction License Act;
6        (20) Illinois Architecture Practice Act of 1989;
7        (21) the Dietetic and Nutrition Services Practice Act;
8        (22) the Environmental Health Practitioner Licensing
9    Act;
10        (23) the Funeral Directors and Embalmers Licensing
11    Code;
12        (24) the Land Sales Registration Act of 1999;
13        (25) the Professional Geologist Licensing Act;
14        (26) the Illinois Public Accounting Act; and
15        (27) the Structural Engineering Practice Act of 1989.
16(Source: P.A. 96-1246, eff. 1-1-11.)
 
17    (225 ILCS 105/25 rep.)
18    Section 20. The Professional Boxing Act is amended by
19repealing Section 25.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.