Illinois General Assembly - Full Text of HB1947
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Full Text of HB1947  95th General Assembly

HB1947enr 95TH GENERAL ASSEMBLY



 


 
HB1947 Enrolled LRB095 11354 RAS 32103 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Professional Boxing Act is amended by
5 changing Sections 0.05, 1, 6, 7, 8, 10, 10.5, 11, 12, 13, 15,
6 16, 17.9, 25.1, and 26 and by adding Sections 0.10 and 1.5 as
7 follows:
 
8     (225 ILCS 105/0.05)
9     (Section scheduled to be repealed on January 1, 2012)
10     Sec. 0.05. Declaration of public policy. Professional
11 boxing and other contests in the State of Illinois are is
12 hereby declared to affect the public health, safety, and
13 welfare and to be subject to regulation and control in the
14 public interest. It is further declared to be a matter of
15 public interest and concern that boxing and other contests, as
16 defined in this Act, merit and receive the confidence of the
17 public and that only qualified persons be authorized to
18 participate in boxing and other contests in the State of
19 Illinois. This Act shall be liberally construed to best carry
20 out these objects and purposes.
21 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
22     (225 ILCS 105/0.10 new)

 

 

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1     (Section scheduled to be repealed on January 1, 2012)
2     Sec. 0.10. References to Department or Director of
3 Professional Regulation. References in this Act (i) to the
4 Department of Professional Regulation are deemed, in
5 appropriate contexts, to be references to the Department of
6 Financial and Professional Regulation and (ii) to the Director
7 of Professional Regulation are deemed, in appropriate
8 contexts, to be references to the Secretary of Financial and
9 Professional Regulation.
 
10     (225 ILCS 105/1.5 new)
11     Sec. 1.5. Exemption. This Act does not apply to any
12 organized sanctioning body or accredited school competing in
13 amateur kick-boxing, mixed martial arts, or boxing that is
14 approved by the Department.
 
15     (225 ILCS 105/1)  (from Ch. 111, par. 5001)
16     (Section scheduled to be repealed on January 1, 2012)
17     Sec. 1. Short title and definitions.
18     (a) This Act may be cited as the Professional Boxing Act.
19     (b) As used in this Act:
20         1. "Department" means the Department of Financial and
21     Professional Regulation.
22         2. "Secretary" "Director" means the Secretary Director
23     of Financial and Professional Regulation.
24         3. "Board" means the State Professional Boxing Board

 

 

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1     appointed by the Secretary Director.
2         4. "License" means the license issued for boxing
3     promoters, contestants, or officials in accordance with
4     this Act.
5         5. (Blank).
6         6. "Contest" means a "Boxing Contests" include
7     professional boxing, martial art, or mixed martial art
8     match or exhibition matches and exhibitions.
9         7. (Blank).
10         8. (Blank).
11         9. "Permit" means the authorization from the
12     Department to a promoter to conduct professional boxing
13     contests.
14         10. "Promoter" means a person who is licensed and who
15     holds a permit to conduct professional boxing contests.
16         11. Unless the context indicates otherwise, "person"
17     includes an association, partnership, corporation,
18     gymnasium, or club.
19         12. (Blank).
20         13. (Blank). "Ultimate fighting exhibition" has the
21     meaning given by rule adopted by the Department in
22     accordance with Section 7.5.
23         14. (Blank). "Professional boxer" means a person
24     licensed by the Department who competes for a money prize,
25     purse, or other type of compensation in a boxing contest,
26     exhibition, or match held in Illinois.

 

 

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1         15. "Judge" means a person licensed by the Department
2     who is at ringside during a boxing match and who has the
3     responsibility of scoring the performance of the
4     participants in the contest.
5         16. "Referee" means a person licensed by the Department
6     who has the general supervision of a boxing contest and is
7     present inside of the ring during the contest.
8         17. "Amateur" means a person who has never received or
9     competed for any purse or other article of value, either
10     for participating in any boxing contest or for the expenses
11     of training therefor, other than a prize that does not
12     exceed $50 in value.
13         18. "Contestant" means a person licensed by the
14     Department who competes for a money prize, purse, or other
15     type of compensation in a contest, exhibition, or match
16     held in Illinois an individual who participates in a boxing
17     contest.
18         19. "Second" means a person licensed by the Department
19     who is present at any boxing contest to provide assistance
20     or advice to a contestant boxer during the contest.
21         20. "Matchmaker" means a person licensed by the
22     Department who brings together contestants professional
23     boxers or procures matches or contests for contestants
24     professional boxers.
25         21. "Manager" means a person licensed by the Department
26     who is not a promoter and who, under contract, agreement,

 

 

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1     or other arrangement with any contestant boxer, undertakes
2     to, directly or indirectly, control or administer the
3     boxing affairs of contestants boxers.
4         22. "Timekeeper" means a person licensed by the
5     Department who is the official timer of the length of
6     rounds and the intervals between the rounds.
7         23. "Purse" means the financial guarantee or any other
8     remuneration for which contestants are participating in a
9     boxing contest.
10         24. "Physician" means a person licensed to practice
11     medicine in all its branches under the Medical Practice Act
12     of 1987.
13         25. "Martial arts" means a discipline such as, but not
14     limited to, Karate, Kung Fu, Jujitsu, Muay Thai, Tae Kwon
15     Do, and Kick-boxing.
16         26. "Mixed martial arts" means the use of a combination
17     of techniques from different disciplines of the martial
18     arts, including without limitation grappling, kicking, and
19     striking.
20 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
21     (225 ILCS 105/6)  (from Ch. 111, par. 5006)
22     (Section scheduled to be repealed on January 1, 2012)
23     Sec. 6. Prohibitions. All boxing matches, contests, or
24 exhibits in which physical contact is made including, but not
25 limited to, "ultimate fighting exhibitions", are prohibited in

 

 

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1 Illinois unless authorized by the Department. This provision
2 does not apply to the following:
3         (1) Boxing contests or wrestling exhibitions conducted
4     by accredited secondary schools, colleges or universities,
5     although a fee may be charged. Institutions organized to
6     furnish instruction in athletics are not included in this
7     exemption.
8         (2) Amateur boxing matches sanctioned by the United
9     States Amateur Boxing Federation, Inc., or Golden Gloves of
10     America, or other amateur sanctioning body, as determined
11     by rule, and , amateur wrestling exhibitions, and amateur or
12     professional martial arts or kick boxing.
13         (3) Amateur martial art matches sanctioned by a
14     sanctioning body approved by the Department, as determined
15     by rule.
16         (4) Martial art instruction conducted by a martial art
17     school and contests occurring within or amongst martial art
18     schools, provided that (i) the contestants do not receive
19     anything of value for participating other than an award,
20     trophy, other item of recognition, or a prize that does not
21     exceed $50 in value and (ii) no entrance fee is charged to
22     participate or watch the school contests.
23     The Department shall have the authority to determine
24 whether a contest or exhibition is an exempt martial arts or
25 kick boxing event for purposes of this Section. In determining
26 whether a contest or exhibition is an exempt martial arts or

 

 

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1 kick boxing event the Department shall consider, but not be
2 limited to, the following factors:
3         (i) whether the event is sanctioned by a body
4     independent of the promoters of the contest or exhibition;
5         (ii) whether the sanctioning body is exclusively or
6     primarily dedicated to advancing the sport of kick boxing
7     or martial arts;
8         (iii) whether the sanctioning body limits
9     participation in its events to its registered members;
10         (iv) whether the sanctioning body has a record of
11     enforcing the rules governing a contest or exhibition;
12         (v) the record for safety of the sanctioning body;
13         (vi) the record for safety of the promoters of the
14     contest or exhibition;
15         (vii) whether the promoter of the contest or exhibition
16     has a record of enforcing and abiding by the rules
17     governing a contest or exhibition; and
18         (viii) whether the rules for the contest or exhibition
19     provide substantially similar protections for the health,
20     safety and welfare of the contestants and spectators as
21     this Act and its rules.
22 (Source: P.A. 93-978, eff. 8-20-04.)
 
23     (225 ILCS 105/7)  (from Ch. 111, par. 5007)
24     (Section scheduled to be repealed on January 1, 2012)
25     Sec. 7. In order to conduct a boxing contest in this State,

 

 

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1 a promoter shall obtain a permit issued by the Department in
2 accordance with this Act and the rules and regulations adopted
3 pursuant thereto. This permit shall authorize one or more
4 contests or exhibitions. A permit issued under this Act is not
5 transferable.
6 (Source: P.A. 92-499, eff. 1-1-02.)
 
7     (225 ILCS 105/8)  (from Ch. 111, par. 5008)
8     (Section scheduled to be repealed on January 1, 2012)
9     Sec. 8. Permits.
10     (a) A promoter who desires to obtain a permit to conduct a
11 boxing contest shall apply to the Department at least 20 days
12 prior to the event, in writing, on forms furnished by the
13 Department. The application shall be accompanied by the
14 required fee and shall contain at least the following
15 information:
16         (1) the names and addresses of the promoter;
17         (2) the name of the matchmaker;
18         (3) the time and exact location of the boxing contest;
19         (4) the seating capacity of the building where the
20     event is to be held;
21         (5) a copy of the lease or proof of ownership of the
22     building where the event is to be held;
23         (6) the admission charge or charges to be made; and
24         (7) proof of adequate security measures and adequate
25     medical supervision, as determined by Department rule, to

 

 

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1     ensure the protection of the health and safety of the
2     general public while attending boxing contests and the
3     contestants' safety while participating in the events and
4     any other information that the Department may determine by
5     rule in order to issue a permit.
6     (b) After the initial application and within 10 days of a
7 scheduled event, a promoter shall submit to the Department all
8 of the following information:
9         (1) The amount of compensation to be paid to each
10     participant.
11         (2) The names of the contestants.
12         (3) Proof of insurance for not less than $50,000
13     $10,000 for each contestant participating in a boxing
14     contest or exhibition.
15     Insurance required under this subsection shall cover (i)
16 hospital, medication, physician, and other such expenses as
17 would accrue in the treatment of an injury as a result of the
18 boxing contest or exhibition and (ii) payment to the estate of
19 the contestant in the event of his or her death as a result of
20 his or her participation in the boxing contest or exhibition.
21     (c) All boxing promoters shall provide to the Department,
22 at least 24 hours prior to commencement of the event, the
23 amount of the purse to be paid for the event. The Department
24 shall promulgate rules for payment of the purse.
25     (d) The boxing contest shall be held in an area where
26 adequate neurosurgical facilities are immediately available

 

 

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1 for skilled emergency treatment of an injured contestant boxer.
2 It is the responsibility of the promoter to ensure that the
3 building to be used for the event complies with all laws,
4 ordinances, and regulations in the city, town, or village where
5 the boxing contest is to be held. The Department may issue a
6 permit to any promoter who meets the requirements of this Act
7 and the rules. The permit shall only be issued for a specific
8 date and location of a boxing contest and shall not be
9 transferable. In an emergency, the Department may allow a
10 promoter to amend a permit application to hold a boxing contest
11 in a different location than the application specifies and may
12 allow the promoter to substitute contestants.
13     (e) The Department shall be responsible for assigning the
14 judges judge, timekeepers, referees, physicians physician, and
15 medical personnel for a boxing contest. It shall be the
16 responsibility of the promoter to cover the cost of the
17 individuals utilized at a boxing contest.
18 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
19     (225 ILCS 105/10)  (from Ch. 111, par. 5010)
20     (Section scheduled to be repealed on January 1, 2012)
21     Sec. 10. Who must be licensed. In order to participate in
22 boxing contests the following persons must each be licensed and
23 in good standing with the Department: (a) promoters, (b)
24 contestants, (c) seconds, (d) referees, (e) judges, (f)
25 managers, (g) matchmakers, and (h) timekeepers.

 

 

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1     Announcers may participate in boxing contests without
2 being licensed under this Act. It shall be the responsibility
3 of the promoter to ensure that announcers comply with the Act,
4 and all rules and regulations promulgated pursuant to this Act.
5     A licensed promoter may not act as, and cannot be licensed
6 as, a second, contestant boxer, referee, timekeeper, judge, or
7 manager. If he or she is so licensed, he or she must relinquish
8 any of these licenses to the Department for cancellation. A
9 person possessing a valid promoter's license may act as a
10 matchmaker.
11 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
12     (225 ILCS 105/10.5)
13     (Section scheduled to be repealed on January 1, 2012)
14     Sec. 10.5. Unlicensed practice; violation; civil penalty.
15     (a) Any person who practices, offers to practice, attempts
16 to practice, or holds oneself out to practice as a promoter,
17 professional boxer, contestant, second, referee, judge,
18 manager, matchmaker, or timekeeper without being licensed
19 under this Act shall, in addition to any other penalty provided
20 by law, pay a civil penalty to the Department in an amount not
21 to exceed $5,000 for each offense as determined by the
22 Department. The civil penalty shall be assessed by the
23 Department after a hearing is held in accordance with the
24 provisions set forth in this Act regarding the provision of a
25 hearing for the discipline of a licensee.

 

 

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1     (b) The Department has the authority and power to
2 investigate any and all unlicensed activity.
3     (c) The civil penalty shall be paid within 60 days after
4 the effective date of the order imposing the civil penalty. The
5 order shall constitute a judgment and may be filed and
6 execution had thereon in the same manner as any judgment from
7 any court of record.
8 (Source: P.A. 91-408, eff. 1-1-00.)
 
9     (225 ILCS 105/11)  (from Ch. 111, par. 5011)
10     (Section scheduled to be repealed on January 1, 2012)
11     Sec. 11. Qualifications for license. The Department shall
12 grant licenses to the following persons if the following
13 qualifications are met:
14     (A) An applicant for licensure as a contestant in a boxing
15 contest must: (1) be 18 years old, (2) be of good moral
16 character, (3) file an application stating the applicant's
17 correct name (and no assumed or ring name may be used unless
18 such name is registered with the Department along with the
19 applicant's correct name), date and place of birth, place of
20 current residence, and a sworn statement that he is not
21 currently in violation of any federal, State or local laws or
22 rules governing boxing, martial arts, or mixed martial arts,
23 (4) file a certificate of a physician licensed to practice
24 medicine in all of its branches which attests that the
25 applicant is physically fit and qualified to participate in

 

 

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

 

 

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1 State, or local laws or rules governing boxing, martial arts,
2 or mixed martial arts, (3) provide proof of a surety bond of no
3 less than $5,000 to cover financial obligations pursuant to
4 this Act, payable to the Department and conditioned for the
5 payment of the tax imposed by this Act and compliance with this
6 Act and the rules promulgated pursuant to this Act, (4) provide
7 a financial statement, prepared by a certified public
8 accountant, showing liquid working capital of $10,000 or more,
9 or a $10,000 performance bond guaranteeing payment of all
10 obligations relating to the promotional activities, and (5) pay
11 the required fee and meet any other requirements.
12     In determining good moral character, the Department may
13 take into consideration any violation of any of the provisions
14 of Section 16 of this Act and any felony conviction of the
15 applicant, but such a conviction shall not operate as a bar to
16 licensure. No license issued under this Act is transferable.
17     The Department may issue temporary licenses as provided by
18 rule.
19 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
20     (225 ILCS 105/12)  (from Ch. 111, par. 5012)
21     (Section scheduled to be repealed on January 1, 2012)
22     Sec. 12. Contests. Each boxing contestant shall be examined
23 before entering the ring and immediately after each contest by
24 a physician licensed to practice medicine in all of its
25 branches. The physician shall determine, prior to the contest,

 

 

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1 if each contestant is physically fit to engage in the contest.
2 After the contest the physician shall examine the contestant to
3 determine possible injury. If the contestant's physical
4 condition so indicates, the physician shall recommend to the
5 Department immediate medical suspension. The physician may, at
6 any time during the contest, stop the contest to examine a
7 contestant boxer, and terminate the contest when, in the
8 physician's opinion, continuing the contest could result in
9 serious injury to the contestant boxer. The physician shall
10 certify to the condition of the contestant in writing, over his
11 signature on blank forms provided by the Department. Such
12 reports shall be submitted to the Department in a timely
13 manner. The physician shall be paid by the promoter a fee fixed
14 by the Department. No boxing contest shall be held unless a
15 physician licensed to practice medicine in all of its branches
16 is in attendance.
17     No contest shall be allowed to begin unless at least one
18 physician and 2 trained paramedics or 2 nurses who are trained
19 to administer emergency medical care and at least one ambulance
20 dedicated solely for the care of contestants are present.
21     No boxing contest shall be more than 12 rounds in length.
22 The rounds shall not be more than 3 minutes each with a one
23 minute interval between them, and no boxer shall be allowed to
24 participate in more than 12 rounds within 72 consecutive hours.
25 The number and length for all other contests shall be
26 established by rule. At each boxing contest there shall be a

 

 

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1 referee in attendance who shall direct and control the contest.
2 The referee, before each contest, shall learn the name of the
3 contestant's chief second and shall hold the chief second
4 responsible for the conduct of his assistant during the
5 progress of the contest.
6     There shall be 2 judges in attendance at all boxing
7 contests who shall render a decision at the end of each
8 contest. The decision of the judges, taken together with the
9 decision of the referee, is final; or, 3 judges shall score the
10 contest with the referee not scoring. The method of scoring
11 shall be set forth in rules. The number of judges required and
12 the manner of scoring for all other contests shall be set by
13 rule.
14     Judges, referees, or timekeepers for contests shall be
15 assigned by the Department. The Department or its
16 representative shall have discretion to declare a price,
17 remuneration, or purse or any part of it belonging to the
18 contestant withheld if in the judgment of the Department or its
19 representative the contestant is not honestly competing. The
20 Department shall have the authority to prevent a contest or
21 exhibition from being held and shall have the authority to stop
22 a contest fight for noncompliance with any part of this Act or
23 rules or when, in the judgment of the Department, or its
24 representative, continuation of the event would endanger the
25 health, safety, and welfare of the contestants or spectators.
26 The Department's authority to stop a fight contest or

 

 

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1 exhibition on the basis that the contest fight would endanger
2 the health, safety, and welfare of the contestants or
3 spectators shall extend to any fight contest or exhibition,
4 regardless of whether that fight contest or exhibition is
5 exempted from the prohibition in Section 6 of this Act.
6 (Source: P.A. 92-499, eff. 1-1-02; 93-978, eff. 8-20-04.)
 
7     (225 ILCS 105/13)  (from Ch. 111, par. 5013)
8     (Section scheduled to be repealed on January 1, 2012)
9     Sec. 13. Tickets; tax. Tickets to boxing contests, other
10 than a boxing contest conducted at premises with an indoor
11 seating capacity of more than 17,000, shall be printed in such
12 form as the Department shall prescribe. A certified inventory
13 of all tickets printed for any boxing contest shall be mailed
14 to the Department by the promoter not less than 7 days before
15 the boxing contest. The total number of tickets printed shall
16 not exceed the total seating capacity of the premises in which
17 the boxing contest is to be held. No tickets of admission to
18 any boxing contest, other than a boxing contest conducted at
19 premises with an indoor seating capacity of more than 17,000,
20 shall be sold except those declared on an official ticket
21 inventory as described in this Section.
22     A promoter who conducts a boxing contest under this Act,
23 other than a boxing contest conducted at premises with an
24 indoor seating capacity of more than 17,000, shall, within 24
25 hours after a boxing contest: (1) furnish to the Department a

 

 

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1 written report verified by the promoter or his authorized
2 designee showing the number of tickets sold for the boxing
3 contest or the actual ticket stubs of tickets sold and the
4 amount of the gross proceeds thereof; and (2) pay to the
5 Department a tax of 3% 10% of the first $500,000 of gross
6 receipts from the sale of admission tickets, to be placed in
7 the General Revenue Fund.
8 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
9     (225 ILCS 105/15)  (from Ch. 111, par. 5015)
10     (Section scheduled to be repealed on January 1, 2012)
11     Sec. 15. Inspectors. The Director may appoint boxing
12 inspectors to assist the Department staff in the administration
13 of the Act. Each inspector boxing instructor appointed by the
14 Director shall receive compensation for each day he or she is
15 engaged in the transacting of business of the Department. Each
16 inspector shall carry a card issued by the Department to
17 authorize him or her to act in such capacity. The inspector or
18 inspectors shall supervise each contest to ensure that the
19 provisions of the Act are strictly enforced. The inspectors
20 shall also be present at the counting of the gross receipts and
21 shall immediately deliver to the Department the official box
22 office statement as required by Section 13.
23 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
24     (225 ILCS 105/16)  (from Ch. 111, par. 5016)

 

 

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1     (Section scheduled to be repealed on January 1, 2012)
2     Sec. 16. Discipline and sanctions.
3     (a) The Department may refuse to issue a permit or license,
4 refuse to renew, suspend, revoke, reprimand, place on
5 probation, or take such other disciplinary action as the
6 Department may deem proper, including the imposition of fines
7 not to exceed $5,000 for each violation, with regard to any
8 license for one or any combination of the following reasons:
9         (1) gambling, betting, or wagering on the result of or
10     a contingency connected with a boxing contest or permitting
11     such activity to take place;
12         (2) participating in or permitting a sham or fake
13     boxing contest;
14         (3) holding the boxing contest at any other time or
15     place than is stated on the permit application;
16         (4) permitting any contestant other than those stated
17     on the permit application to participate in a boxing
18     contest, except as provided in Section 9;
19         (5) violation or aiding in the violation of any of the
20     provisions of this Act or any rules or regulations
21     promulgated thereto;
22         (6) violation of any federal, State or local laws of
23     the United States or other jurisdiction governing boxing
24     contests or any regulation promulgated pursuant thereto;
25         (7) charging a greater rate or rates of admission than
26     is specified on the permit application;

 

 

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

 

 

HB1947 Enrolled - 21 - LRB095 11354 RAS 32103 b

1         (17) failing, within a reasonable time, to provide any
2     information requested by the Department as a result of a
3     formal or informal complaint;
4         (18) professional incompetence;
5         (19) failure to file a return, or to pay the tax,
6     penalty or interest shown in a filed return, or to pay any
7     final assessment of tax, penalty or interest, as required
8     by any tax Act administered by the Illinois Department of
9     Revenue, until such time as the requirements of any such
10     tax Act are satisfied;
11         (20) (blank); holding or promoting an ultimate
12     fighting exhibition, or participating in an ultimate
13     fighting exhibition as a promoter, contestant, referee,
14     judge, scorer, manager, trainer, announcer, or timekeeper;
15         (21) habitual or excessive use or addiction to alcohol,
16     narcotics, stimulants, or any other chemical agent or drug
17     that results in an inability to participate in an event; or
18         (22) failure to stop a contest or exhibition when
19     requested to do so by the Department.
20     (b) The determination by a circuit court that a licensee is
21 subject to involuntary admission or judicial admission as
22 provided in the Mental Health and Developmental Disabilities
23 Code operates as an automatic suspension. The suspension will
24 end only upon a finding by a court that the licensee is no
25 longer subject to involuntary admission or judicial admission,
26 issuance of an order so finding and discharging the licensee,

 

 

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1 and upon the recommendation of the Board to the Director that
2 the licensee be allowed to resume his or her practice.
3     (c) In enforcing this Section, the Board, upon a showing of
4 a possible violation, may compel any individual licensed to
5 practice under this Act, or who has applied for licensure
6 pursuant to this Act, to submit to a mental or physical
7 examination, or both, as required by and at the expense of the
8 Department. The examining physicians or clinical psychologists
9 shall be those specifically designated by the Board. The Board
10 or the Department may order the examining physician or clinical
11 psychologist to present testimony concerning this mental or
12 physical examination of the licensee or applicant. No
13 information shall be excluded by reason of any common law or
14 statutory privilege relating to communications between the
15 licensee or applicant and the examining physician or clinical
16 psychologist. Eye examinations may be provided by a licensed
17 and certified therapeutic optometrist. The individual to be
18 examined may have, at his or her own expense, another physician
19 of his or her choice present during all aspects of the
20 examination. Failure of any individual to submit to a mental or
21 physical examination, when directed, shall be grounds for
22 suspension of a license until such time as the individual
23 submits to the examination if the Board finds, after notice and
24 hearing, that the refusal to submit to the examination was
25 without reasonable cause.
26     (d) If the Board finds an individual unable to practice

 

 

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1 because of the reasons set forth in this Section, the Board
2 shall require the individual to submit to care, counseling, or
3 treatment by physicians or clinical psychologists approved or
4 designated by the Board, as a condition, term, or restriction
5 for continued, reinstated, or renewed licensure, or in lieu of
6 care, counseling, or treatment, the Board may recommend to the
7 Department to file a complaint to immediately suspend, revoke,
8 or otherwise discipline the license of the individual. Any
9 individual whose license was granted pursuant to this Act, or
10 continued, reinstated, renewed, disciplined, or supervised,
11 subject to such conditions, terms, or restrictions, who shall
12 fail to comply with such conditions, terms, or restrictions,
13 shall be referred to the Director for a determination as to
14 whether the individual shall have his or her license suspended
15 immediately, pending a hearing by the Board.
16 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
17     (225 ILCS 105/17.9)
18     (Section scheduled to be repealed on January 1, 2012)
19     Sec. 17.9. Summary suspension of a license. The Director
20 may summarily suspend a license without a hearing if the
21 Director finds that evidence in the Director's possession
22 indicates that the continuation of practice would constitute an
23 imminent danger to the public, participants, including any
24 contest officials, or the individual involved or cause harm to
25 the profession. If the Director summarily suspends the license

 

 

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1 without a hearing, a hearing must be commenced within 30 days
2 after the suspension has occurred and concluded as
3 expeditiously as practical.
4 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
5     (225 ILCS 105/25.1)
6     (Section scheduled to be repealed on January 1, 2012)
7     Sec. 25.1. Medical Suspension. A licensee who is determined
8 by the examining physician to be unfit to compete or officiate
9 shall be immediately suspended until it is shown that he or she
10 is fit for further competition or officiating. If the licensee
11 disagrees with a medical suspension set at the discretion of
12 the ringside physician, he or she may request a hearing to show
13 proof of fitness. The hearing shall be provided at the earliest
14 opportunity after the Department receives a written request
15 from the licensee.
16     If the referee has rendered a decision of technical
17 knockout against a boxing contestant or if the contestant is
18 knocked out other than by a blow to the head, the boxing
19 contestant shall be immediately suspended for a period of not
20 less than 30 days. In a mixed martial art contest, if the
21 contestant has tapped out or has submitted, the referee shall
22 stop the contest and the ringside physician shall determine the
23 length of suspension.
24     If the boxing contestant has been knocked out by a blow to
25 the head, he or she shall be suspended immediately for a period

 

 

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1 of not less than 45 days.
2     Prior to reinstatement, any boxing contestant suspended
3 for his or her medical protection shall satisfactorily pass a
4 medical examination upon the direction of the Department. The
5 examining physician may require any necessary medical
6 procedures during the examination.
7 (Source: P.A. 91-408, eff. 1-1-00.)
 
8     (225 ILCS 105/26)  (from Ch. 111, par. 5026)
9     (Section scheduled to be repealed on January 1, 2012)
10     Sec. 26. Home rule pre-emption. It is declared to be the
11 public policy of this State, pursuant to subsection (h) of
12 Section 6 of Article VII of the Illinois Constitution of 1970,
13 that any power or function set forth in this Act to be
14 exercised by the State, including the regulation of ultimate
15 fighting exhibitions, is an exclusive State power or function.
16 Such power or function shall not be exercised concurrently,
17 either directly or indirectly, by any unit of local government,
18 including home rule units, except as otherwise provided in this
19 Act.
20 (Source: P.A. 89-578, eff. 7-30-96.)
 
21     (225 ILCS 105/7.5 rep.)
22     Section 10. The Professional Boxing Act is amended by
23 repealing Section 7.5.