Full Text of HB1947 95th General Assembly
HB1947 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1947
Introduced 2/23/2007, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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225 ILCS 105/0.05 |
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225 ILCS 105/0.10 new |
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225 ILCS 105/1 |
from Ch. 111, par. 5001 |
225 ILCS 105/6 |
from Ch. 111, par. 5006 |
225 ILCS 105/7 |
from Ch. 111, par. 5007 |
225 ILCS 105/8 |
from Ch. 111, par. 5008 |
225 ILCS 105/10 |
from Ch. 111, par. 5010 |
225 ILCS 105/10.5 |
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225 ILCS 105/11 |
from Ch. 111, par. 5011 |
225 ILCS 105/12 |
from Ch. 111, par. 5012 |
225 ILCS 105/13 |
from Ch. 111, par. 5013 |
225 ILCS 105/15 |
from Ch. 111, par. 5015 |
225 ILCS 105/16 |
from Ch. 111, par. 5016 |
225 ILCS 105/25.1 |
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225 ILCS 105/26 |
from Ch. 111, par. 5026 |
225 ILCS 105/7.5 rep. |
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Amends the Professional Boxing Act to provide for the regulation of martial art and mixed martial art matches and exhibitions. Requires a promoter to submit to the Department, after making initial application to conduct an event and within 10 days of a scheduled event, proof of insurance for not less than $50,000 (instead of $10,000) for each contestant participating in a contest or exhibition. Makes other changes. Repeals a Section concerning ultimate fighting exhibitions.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1947 |
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LRB095 11354 RAS 32103 b |
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| 1 |
| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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, 25.1, and 26 and by adding Section 0.10 as follows:
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| (225 ILCS 105/0.05)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 0.05. Declaration of public policy. Professional | 10 |
| boxing
and other contests in the State of Illinois are
is
| 11 |
| hereby declared to affect the public health,
safety, and | 12 |
| welfare and to be subject to regulation and control in the | 13 |
| public
interest. It is further declared to be a matter of | 14 |
| public interest and concern
that boxing and other contests , as | 15 |
| defined in this Act, merit and receive the
confidence of the | 16 |
| public and that only qualified persons be authorized to
| 17 |
| participate in boxing and other contests in the State of
| 18 |
| Illinois. This Act shall be liberally construed to best carry | 19 |
| out these objects
and purposes.
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| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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| (225 ILCS 105/0.10 new)
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| (Section scheduled to be repealed on January 1, 2012) |
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HB1947 |
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LRB095 11354 RAS 32103 b |
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| Sec. 0.10. References to Department or Director of | 2 |
| Professional Regulation. References in this Act (i) to the | 3 |
| Department of Professional Regulation are
deemed, in | 4 |
| appropriate contexts, to be references to the Department of | 5 |
| Financial and Professional Regulation
and (ii) to the Director | 6 |
| of Professional Regulation are
deemed, in appropriate | 7 |
| contexts, to be references to the Secretary of Financial and | 8 |
| Professional Regulation.
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| (225 ILCS 105/1) (from Ch. 111, par. 5001)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 1. Short title and definitions.
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| (a) This Act may be cited as the Professional Boxing Act.
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| (b) As used in this Act:
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| 1. "Department" means the Department of Financial and
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| Professional Regulation.
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| 2. "Secretary"
"Director" means the Secretary
Director
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| of Financial and Professional Regulation.
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| 3. "Board" means the State Professional Boxing Board
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| appointed by the
Secretary
Director .
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| 4. "License" means the license issued for boxing
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| promoters,
contestants, or officials
in accordance with | 22 |
| this Act.
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| 5. (Blank).
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| 6. "Contest" means a
"Boxing Contests" include
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| professional boxing , martial art, or mixed martial art |
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HB1947 |
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LRB095 11354 RAS 32103 b |
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| match or exhibition
matches
and exhibitions .
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| 7. (Blank).
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| 8. (Blank).
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| 9. "Permit" means the authorization from the | 5 |
| Department to a
promoter
to conduct professional boxing
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| contests.
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| 10. "Promoter" means a person who is licensed and
who
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| holds a permit to conduct professional boxing contests.
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| 11. Unless the context indicates otherwise, "person" | 10 |
| includes
an
association, partnership, corporation, | 11 |
| gymnasium, or club.
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| 12. (Blank).
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| 13. (Blank).
"Ultimate fighting exhibition" has the | 14 |
| meaning given by
rule adopted
by the Department in | 15 |
| accordance with Section 7.5.
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| 14. (Blank).
"Professional boxer" means a person | 17 |
| licensed by the
Department who
competes for a
money prize, | 18 |
| purse, or other type of compensation in a boxing contest,
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| exhibition, or match held in
Illinois.
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| 15. "Judge" means a person licensed by the Department | 21 |
| who is
at ringside
during a boxing
match and who has the | 22 |
| responsibility of scoring the performance of the
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| participants in the contest.
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| 16. "Referee" means a person licensed by the Department | 25 |
| who
has the
general
supervision of
a boxing contest and is | 26 |
| present inside of the ring during the contest.
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LRB095 11354 RAS 32103 b |
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| 17. "Amateur" means a person who has never received or
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| competed for any
purse or other
article of value, either | 3 |
| for participating in any boxing contest or for the
expenses | 4 |
| of training therefor,
other than a prize that does not | 5 |
| exceed $50 in value.
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| 18. "Contestant" means a person licensed by the
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| Department who
competes for a
money prize, purse, or other | 8 |
| type of compensation in a contest,
exhibition, or match | 9 |
| held in
Illinois
an individual who participates in a
boxing | 10 |
| contest .
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| 19. "Second" means a person licensed by the Department | 12 |
| who is
present at any boxing
contest to provide assistance | 13 |
| or advice to a contestant
boxer during the contest.
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| 20. "Matchmaker" means a person licensed by the | 15 |
| Department who
brings
together
contestants
professional | 16 |
| boxers or procures matches or contests for contestants
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| professional
boxers .
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| 21. "Manager" means a person licensed by the Department | 19 |
| who is
not a
promoter and
who, under contract, agreement, | 20 |
| or other arrangement with any contestant
boxer , undertakes
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| to, directly or
indirectly, control or administer the | 22 |
| boxing affairs of contestants
boxers .
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| 22. "Timekeeper" means a person licensed by the | 24 |
| Department who
is the
official timer of
the length of | 25 |
| rounds and the intervals between the rounds.
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| 23. "Purse" means the financial guarantee or any other
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HB1947 |
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LRB095 11354 RAS 32103 b |
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| remuneration for
which contestants
are participating in a | 2 |
| boxing contest.
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| 24. "Physician" means a person licensed to practice | 4 |
| medicine
in all its
branches under the Medical Practice Act | 5 |
| of 1987.
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| 25. "Martial arts" means a discipline such as, but not | 7 |
| limited to, Karate, Kung Fu, Jujitsu, Muay Thai, Tae Kwon | 8 |
| Do, and Kick-boxing. | 9 |
| 26. "Mixed martial arts" means the use of a combination | 10 |
| of techniques from different disciplines of the martial | 11 |
| arts, including without limitation grappling, kicking, and | 12 |
| striking.
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| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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| (225 ILCS 105/6) (from Ch. 111, par. 5006)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 6. Prohibitions. All boxing matches, contests , or | 17 |
| exhibits in which
physical contact is made including, but not | 18 |
| limited to, "ultimate fighting
exhibitions", are prohibited in | 19 |
| Illinois unless authorized by the Department.
This provision | 20 |
| does not apply to the following:
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| (1) Boxing contests or wrestling exhibitions conducted | 22 |
| by accredited
secondary schools, colleges or universities, | 23 |
| although a fee may be charged.
Institutions organized to | 24 |
| furnish instruction in athletics are not included in
this | 25 |
| exemption.
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LRB095 11354 RAS 32103 b |
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| (2) Amateur boxing matches sanctioned by the United | 2 |
| States Amateur Boxing
Federation, Inc. ,
or Golden Gloves of | 3 |
| America , or other amateur sanctioning body, as determined | 4 |
| by rule, and , amateur wrestling exhibitions ,
and amateur or | 5 |
| professional martial arts or kick boxing .
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| (3) Amateur martial art matches sanctioned by a | 7 |
| sanctioning body approved by the Department, as determined | 8 |
| by rule. | 9 |
| (4) Martial art instruction conducted by a martial art | 10 |
| school and contests occurring within or amongst martial art | 11 |
| schools, provided that (i) the contestants do not receive | 12 |
| anything of value for participating other than an award, | 13 |
| trophy, other item of recognition, or a prize that does not | 14 |
| exceed $50 in value and (ii) no entrance fee is charged to | 15 |
| participate or watch the school contests.
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| The Department shall have the authority to determine | 17 |
| whether a contest or exhibition is an exempt martial arts or | 18 |
| kick boxing event for purposes of this Section. In determining | 19 |
| whether a contest or exhibition is an exempt martial arts or | 20 |
| kick boxing event the Department shall consider, but not be | 21 |
| limited to, the following factors: | 22 |
| (i) whether the event is sanctioned by a body | 23 |
| independent of the promoters of the contest or exhibition; | 24 |
| (ii) whether the sanctioning body is exclusively or | 25 |
| primarily dedicated to advancing the sport of kick boxing | 26 |
| or martial arts; |
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LRB095 11354 RAS 32103 b |
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| (iii) whether the sanctioning body limits | 2 |
| participation in its events to its registered members; | 3 |
| (iv) whether the sanctioning body has a record of | 4 |
| enforcing the rules governing a contest or exhibition; | 5 |
| (v) the record for safety of the sanctioning body; | 6 |
| (vi) the record for safety of the promoters of the | 7 |
| contest or exhibition; | 8 |
| (vii) whether the promoter of the contest or exhibition | 9 |
| has a record of enforcing and abiding by the rules | 10 |
| governing a contest or exhibition; and | 11 |
| (viii) whether the rules for the contest or exhibition | 12 |
| provide substantially similar protections for the health, | 13 |
| safety and welfare of the contestants and spectators as | 14 |
| this Act and its rules.
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| (Source: P.A. 93-978, eff. 8-20-04.)
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| (225 ILCS 105/7) (from Ch. 111, par. 5007)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 7. In order to conduct a boxing contest
in this State, | 19 |
| a promoter shall obtain a permit issued by the Department
in | 20 |
| accordance with this Act and the rules and regulations adopted | 21 |
| pursuant
thereto. This permit shall authorize one or more | 22 |
| contests or exhibitions.
A permit issued under this Act is not | 23 |
| transferable.
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| (Source: P.A. 92-499, eff. 1-1-02.)
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HB1947 |
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LRB095 11354 RAS 32103 b |
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| (225 ILCS 105/8) (from Ch. 111, par. 5008)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 8. Permits.
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| (a) A promoter who desires to obtain a permit to conduct a | 5 |
| boxing
contest shall apply to the Department at least 20 days | 6 |
| prior to the
event,
in writing, on forms furnished by the | 7 |
| Department. The application shall
be accompanied by the | 8 |
| required fee and shall
contain at least the following | 9 |
| information:
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| (1) the names and addresses of the promoter;
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| (2) the name of the matchmaker;
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| (3) the time and exact location of the
boxing contest;
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| (4) the seating
capacity of the building where the | 14 |
| event is to be held;
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| (5) a copy of the
lease or proof of ownership of the | 16 |
| building where the event is to be held;
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| (6) the admission
charge or charges to be made; and
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| (7) proof of adequate security measures and adequate | 19 |
| medical
supervision, as determined by Department rule, to | 20 |
| ensure the protection of the
health and safety of the | 21 |
| general public while attending boxing contests and the
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| contestants' safety while participating in the events and | 23 |
| any other information
that the Department may determine by | 24 |
| rule in order to issue a permit.
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| (b) After the initial application and within 10 days of a | 26 |
| scheduled event,
a promoter shall submit to the Department all |
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LRB095 11354 RAS 32103 b |
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| of the following information:
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| (1) The amount of compensation to be paid to each | 3 |
| participant.
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| (2) The names of the contestants.
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| (3) Proof of insurance for not less than $50,000
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| $10,000 for each contestant
participating in a boxing
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| contest or exhibition.
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| Insurance required under this subsection shall cover (i)
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| hospital, medication, physician, and other such expenses as | 10 |
| would
accrue in the treatment of an injury as a result of the | 11 |
| boxing contest or
exhibition and (ii) payment to the estate of | 12 |
| the contestant in the event of
his or her death as a result
of | 13 |
| his or her participation in the boxing contest or exhibition.
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| (c) All boxing promoters shall provide to the Department, | 15 |
| at least 24 hours
prior
to commencement of the event, the | 16 |
| amount of the purse to be paid for the event.
The Department | 17 |
| shall promulgate rules for payment of the purse.
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| (d) The boxing contest shall be held in an area where | 19 |
| adequate neurosurgical
facilities are immediately available | 20 |
| for skilled emergency treatment of an
injured contestant
boxer .
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| It is the responsibility of the promoter to ensure that the | 22 |
| building to be used
for the event complies with all laws, | 23 |
| ordinances, and regulations in the city,
town, or village where | 24 |
| the boxing contest is to be held.
The Department may issue a | 25 |
| permit to any promoter who meets the requirements of
this Act
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| and the rules. The permit shall only be issued for a specific |
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LRB095 11354 RAS 32103 b |
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| date and location
of a boxing contest and
shall not be | 2 |
| transferable.
In an emergency, the Department may allow a | 3 |
| promoter to amend a permit
application to hold a boxing contest | 4 |
| in a different
location than the
application specifies and may | 5 |
| allow the promoter to substitute contestants.
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| (e) The Department shall be responsible for assigning the | 7 |
| judges
judge ,
timekeepers, referees, physicians
physician , and | 8 |
| medical personnel for a boxing contest.
It shall be the | 9 |
| responsibility of the promoter to cover the cost of the
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| individuals utilized at a boxing contest.
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| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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| (225 ILCS 105/10) (from Ch. 111, par. 5010)
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| (Section scheduled to be repealed on January 1, 2012)
| 14 |
| Sec. 10. Who must be licensed. In order to participate in | 15 |
| boxing
contests the following persons
must each be licensed and | 16 |
| in good standing with the Department: (a) promoters,
(b) | 17 |
| contestants, (c) seconds, (d) referees, (e) judges, (f) | 18 |
| managers, (g)
matchmakers, and (h) timekeepers.
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| Announcers may participate in boxing contests
without | 20 |
| being licensed under this Act. It shall be the responsibility | 21 |
| of
the promoter to ensure that announcers comply
with the Act, | 22 |
| and all rules and regulations promulgated pursuant to this
Act.
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| A licensed promoter may not act as, and cannot be licensed | 24 |
| as, a second,
contestant
boxer , referee, timekeeper, judge, or | 25 |
| manager. If he or she is so licensed, he
or she must relinquish |
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LRB095 11354 RAS 32103 b |
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| any of these licenses to the Department for
cancellation.
A | 2 |
| person possessing a valid
promoter's license may act as a | 3 |
| matchmaker.
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| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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| (225 ILCS 105/10.5)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 10.5. Unlicensed practice; violation; civil penalty.
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| (a) Any person who practices, offers to practice, attempts | 9 |
| to practice, or
holds oneself out to practice as a promoter, | 10 |
| professional boxer,
contestant, second, referee,
judge, | 11 |
| manager, matchmaker, or timekeeper without being
licensed | 12 |
| under this Act
shall, in
addition to any other penalty provided | 13 |
| by law, pay a civil penalty to the
Department in an amount not | 14 |
| to exceed $5,000 for each offense as determined by
the | 15 |
| Department. The civil penalty shall be assessed by the | 16 |
| Department after a
hearing is held in accordance with the | 17 |
| provisions set forth in this Act
regarding the provision of a | 18 |
| hearing for the discipline of a licensee.
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| (b) The Department has the authority and power to | 20 |
| investigate any and all
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after | 22 |
| the effective date
of the order imposing the civil penalty. The | 23 |
| order shall constitute a judgment
and may be filed and | 24 |
| execution had thereon in the same manner as any judgment
from | 25 |
| any court of record.
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HB1947 |
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LRB095 11354 RAS 32103 b |
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| (Source: P.A. 91-408, eff. 1-1-00.)
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| (225 ILCS 105/11) (from Ch. 111, par. 5011)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 11. Qualifications for license. The Department shall | 5 |
| grant
licenses to the following persons
if the following | 6 |
| qualifications are met:
| 7 |
| (A) An applicant for licensure as a contestant in a boxing
| 8 |
| contest must:
(1) be 18 years old, (2) be of good moral | 9 |
| character, (3) file an application
stating
the applicant's | 10 |
| correct name (and no assumed or ring name may be used
unless | 11 |
| such name is registered with the Department along with the | 12 |
| applicant's
correct name), date and place of birth, place of | 13 |
| current residence, and a
sworn statement that he is not | 14 |
| currently in violation of any federal, State or
local laws or | 15 |
| rules governing
boxing , martial arts, or mixed martial arts , | 16 |
| (4) file a certificate of a physician licensed to practice | 17 |
| medicine
in all of its branches which attests that the | 18 |
| applicant is physically fit
and qualified to participate in | 19 |
| boxing contests, and (5) pay
the required fee
and meet any | 20 |
| other requirements.
Applicants over age 35 who have not | 21 |
| competed in a contest within the
last 36
months may be required | 22 |
| to appear before the Board to determine their fitness to
| 23 |
| participate in a contest. A picture identification card shall | 24 |
| be issued to
all
contestants
boxers
licensed by the Department
| 25 |
| who are residents of
Illinois or who are residents of any |
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HB1947 |
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LRB095 11354 RAS 32103 b |
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| jurisdiction, state, or country that does
not regulate | 2 |
| professional boxing , martial arts, or mixed martial arts . The | 3 |
| identification card shall be
presented to the
Department or its | 4 |
| representative upon request at weigh-ins.
| 5 |
| (B) An applicant for licensure as a boxing referee, judge,
| 6 |
| manager, second, matchmaker, or timekeeper must: (1) be of good
| 7 |
| moral character, (2) file
an application stating the | 8 |
| applicant's name, date and place of birth, and
place of current | 9 |
| residence along with a certifying statement that
he is not
| 10 |
| currently in violation of any federal, State, or local laws or | 11 |
| rules
governing
boxing , martial arts, or mixed martial arts , | 12 |
| (3) have had satisfactory experience in his field, (4) pay the
| 13 |
| required fee, and (5) meet any other requirements as determined | 14 |
| by rule.
| 15 |
| (C) An applicant for licensure as a boxing promoter must: | 16 |
| (1) be of good
moral character, (2) file an application with | 17 |
| the Department stating the
applicant's name, date and place of | 18 |
| birth, place of current residence along
with
a certifying | 19 |
| statement that he is not currently in violation of any federal,
| 20 |
| State, or local laws or rules governing boxing , martial arts, | 21 |
| or mixed martial arts , (3) provide proof of a surety
bond
of no | 22 |
| less than $5,000 to cover financial obligations pursuant to | 23 |
| this Act,
payable to the Department and conditioned for the | 24 |
| payment of the tax imposed by
this Act and compliance with this | 25 |
| Act and the rules promulgated pursuant to
this
Act,
(4) provide | 26 |
| a financial statement, prepared by a certified public |
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LRB095 11354 RAS 32103 b |
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| accountant,
showing
liquid working capital of $10,000 or more, | 2 |
| or a $10,000 performance bond
guaranteeing payment of all | 3 |
| obligations relating to the promotional activities,
and (5) pay | 4 |
| the required fee and meet any other requirements.
| 5 |
| In determining good moral character, the Department may | 6 |
| take into
consideration any violation of any of the provisions | 7 |
| of Section 16 of this
Act and any felony conviction of the | 8 |
| applicant, but such a conviction shall
not
operate as a bar to | 9 |
| licensure. No license issued under this Act is
transferable.
| 10 |
| The Department may issue temporary licenses as provided
by | 11 |
| rule.
| 12 |
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| 13 |
| (225 ILCS 105/12) (from Ch. 111, par. 5012)
| 14 |
| (Section scheduled to be repealed on January 1, 2012)
| 15 |
| Sec. 12. Contests. Each boxing contestant shall be examined
| 16 |
| before entering the
ring and immediately after each contest by | 17 |
| a physician
licensed to practice
medicine in all of its | 18 |
| branches. The physician
shall determine, prior to
the contest, | 19 |
| if each contestant is physically fit to engage in the contest.
| 20 |
| After the contest the physician shall examine the contestant to
| 21 |
| determine
possible injury. If the contestant's physical | 22 |
| condition so indicates, the
physician shall recommend to the | 23 |
| Department immediate medical suspension.
The physician may, at | 24 |
| any time during the contest, stop the contest to
examine a | 25 |
| contestant
boxer , and terminate the contest when, in the |
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HB1947 |
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LRB095 11354 RAS 32103 b |
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| physician's opinion,
continuing the contest could result in | 2 |
| serious injury to the contestant
boxer . The
physician shall | 3 |
| certify to the condition of the contestant in writing, over
his | 4 |
| signature on blank forms provided by the Department. Such | 5 |
| reports shall
be submitted to the Department in a timely | 6 |
| manner. The physician shall be
paid by the promoter a fee fixed | 7 |
| by the Department. No boxing contest shall
be held unless a | 8 |
| physician licensed to practice medicine in all of its branches
| 9 |
| is in attendance.
| 10 |
| No contest shall be allowed to begin unless
at least one | 11 |
| physician and 2 trained paramedics or 2 nurses who are trained
| 12 |
| to administer emergency medical care and at least one ambulance | 13 |
| dedicated solely for the care of contestants are present.
| 14 |
| No boxing contest shall be more than 12 rounds in length. | 15 |
| The rounds
shall not
be more than 3 minutes each with a one | 16 |
| minute interval between them, and
no boxer shall be allowed to | 17 |
| participate in more than 12 rounds
within
72 consecutive hours. | 18 |
| The number and length for all other contests shall be | 19 |
| established by rule. At each boxing contest there shall be a | 20 |
| referee in
attendance who shall direct and control the contest. | 21 |
| The referee, before
each contest, shall learn the name of the | 22 |
| contestant's chief second and
shall hold the chief second | 23 |
| responsible for the conduct of his assistant
during the | 24 |
| progress of the contest.
| 25 |
| There shall be 2 judges in attendance at all boxing | 26 |
| contests who shall render a decision at the
end of each |
|
|
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HB1947 |
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LRB095 11354 RAS 32103 b |
|
| 1 |
| contest. The decision of the judges, taken together with the | 2 |
| decision
of the referee, is final; or, 3 judges shall score the | 3 |
| contest with the
referee not scoring. The method of scoring | 4 |
| shall be set forth in rules. The number of judges required and | 5 |
| the manner of scoring for all other contests shall be set by | 6 |
| rule.
| 7 |
| Judges, referees, or timekeepers for contests shall be
| 8 |
| assigned by the Department. The Department or its | 9 |
| representative shall have
discretion to declare
a price, | 10 |
| remuneration,
or purse or any part of it belonging to the | 11 |
| contestant withheld if in the
judgment of the Department or its | 12 |
| representative the contestant
is not honestly competing.
The | 13 |
| Department shall have the authority to prevent a contest or | 14 |
| exhibition
from being held and shall have the authority to stop | 15 |
| a contest
fight for noncompliance
with any part of this Act or | 16 |
| rules or when, in the judgment of the Department,
or its | 17 |
| representative, continuation of the event would endanger the | 18 |
| health,
safety, and welfare of the contestants or spectators. | 19 |
| The Department's authority to stop a fight contest or | 20 |
| exhibition on the basis that the contest
fight would endanger | 21 |
| the health, safety, and welfare of the contestants or | 22 |
| spectators shall extend to any fight contest or exhibition , | 23 |
| regardless of whether that fight contest or exhibition is | 24 |
| exempted from the prohibition in Section 6 of this Act.
| 25 |
| (Source: P.A. 92-499, eff. 1-1-02; 93-978, eff. 8-20-04.)
|
|
|
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HB1947 |
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LRB095 11354 RAS 32103 b |
|
| 1 |
| (225 ILCS 105/13) (from Ch. 111, par. 5013)
| 2 |
| (Section scheduled to be repealed on January 1, 2012)
| 3 |
| Sec. 13. Tickets; tax. Tickets to boxing contests,
other | 4 |
| than a boxing contest conducted at premises
with an indoor | 5 |
| seating
capacity of more than 17,000, shall be printed in such | 6 |
| form as
the Department shall prescribe. A certified inventory | 7 |
| of all
tickets printed
for any boxing contest shall be mailed | 8 |
| to the Department by the
promoter
not less
than 7 days before | 9 |
| the boxing contest. The total number of
tickets
printed shall | 10 |
| not exceed the total seating capacity of the premises in which
| 11 |
| the boxing contest is to be held. No tickets of admission to | 12 |
| any
boxing contest,
other than a boxing contest conducted at | 13 |
| premises
with an indoor seating
capacity of more than 17,000, | 14 |
| shall be sold except those declared on an
official ticket | 15 |
| inventory as described in this Section.
| 16 |
| A promoter who conducts a boxing contest under this
Act,
| 17 |
| other than a boxing contest conducted at premises
with an | 18 |
| indoor seating
capacity of more than 17,000, shall, within 24 | 19 |
| hours after a boxing contest: (1)
furnish to the Department a | 20 |
| written report verified by the promoter or his
authorized | 21 |
| designee showing the number of tickets sold for the boxing
| 22 |
| contest or the
actual ticket stubs and the
amount of the gross | 23 |
| proceeds thereof; and (2) pay to the Department a tax
of 10% of | 24 |
| the first $500,000 of gross receipts
from the sale of admission | 25 |
| tickets, to be placed in the General Revenue Fund.
| 26 |
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
|
|
|
|
HB1947 |
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LRB095 11354 RAS 32103 b |
|
| 1 |
| (225 ILCS 105/15) (from Ch. 111, par. 5015)
| 2 |
| (Section scheduled to be repealed on January 1, 2012)
| 3 |
| Sec. 15. Inspectors. The Director may appoint boxing
| 4 |
| inspectors to
assist the Department staff in the administration | 5 |
| of the Act.
Each inspector
boxing instructor appointed
by the
| 6 |
| Director shall receive
compensation
for each day he or she is | 7 |
| engaged in the transacting of
business of the Department.
Each | 8 |
| inspector shall carry a card issued by the Department to | 9 |
| authorize
him or her to act in such capacity. The inspector or | 10 |
| inspectors shall
supervise
each contest to ensure that the | 11 |
| provisions of the Act are
strictly enforced.
The inspectors | 12 |
| shall also be present at the counting of the gross receipts
and | 13 |
| shall immediately deliver to the Department the official box | 14 |
| office
statement as required by Section 13.
| 15 |
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| 16 |
| (225 ILCS 105/16) (from Ch. 111, par. 5016)
| 17 |
| (Section scheduled to be repealed on January 1, 2012)
| 18 |
| Sec. 16. Discipline and sanctions.
| 19 |
| (a) The Department may refuse to issue a
permit or license, | 20 |
| refuse to renew, suspend, revoke,
reprimand, place on
| 21 |
| probation, or take such other disciplinary action as the | 22 |
| Department may
deem proper, including the imposition of fines | 23 |
| not to exceed $5,000 for
each violation, with regard to any | 24 |
| license for one
or
any combination of the following reasons:
|
|
|
|
HB1947 |
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LRB095 11354 RAS 32103 b |
|
| 1 |
| (1) gambling, betting , or wagering on the result of or | 2 |
| a
contingency connected
with a boxing contest or permitting | 3 |
| such activity to
take place;
| 4 |
| (2) participating in or permitting a sham or fake | 5 |
| boxing
contest;
| 6 |
| (3) holding the boxing contest at any other time or
| 7 |
| place than
is stated
on the permit application;
| 8 |
| (4) permitting any contestant other than those
stated | 9 |
| on the
permit application to participate in a boxing
| 10 |
| contest, except as provided
in Section 9;
| 11 |
| (5) violation or aiding in the violation of any of the
| 12 |
| provisions of this
Act or any rules or regulations | 13 |
| promulgated thereto;
| 14 |
| (6) violation of any federal, State or local laws of | 15 |
| the
United States or other jurisdiction governing boxing
| 16 |
| contests or any regulation
promulgated pursuant thereto;
| 17 |
| (7) charging a greater rate or rates of admission than | 18 |
| is
specified on the permit application;
| 19 |
| (8) failure to obtain all the necessary permits,
| 20 |
| registrations, or licenses as required under this Act;
| 21 |
| (9) failure to file the necessary bond or to pay the | 22 |
| gross
receipts
tax as required by this Act;
| 23 |
| (10) engaging in dishonorable, unethical or | 24 |
| unprofessional
conduct
of a character likely to deceive, | 25 |
| defraud or harm the public, or which
is detrimental to | 26 |
| honestly conducted boxing contests;
|
|
|
|
HB1947 |
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LRB095 11354 RAS 32103 b |
|
| 1 |
| (11) employment of fraud, deception or any unlawful | 2 |
| means in
applying
for or securing a permit or license under | 3 |
| this
Act;
| 4 |
| (12) permitting a physician making the physical | 5 |
| examination
to
knowingly certify falsely to the physical | 6 |
| condition of a contestant;
| 7 |
| (13) permitting contestants of widely disparate | 8 |
| weights or
abilities
to engage in boxing contests;
| 9 |
| (14) participating in a contest as a contestant
boxing
| 10 |
| while under medical suspension in this State or
in
any | 11 |
| other
state, territory or country;
| 12 |
| (15) physical illness, including, but not limited to,
| 13 |
| deterioration
through the aging process, or loss of motor | 14 |
| skills which results in the
inability to participate in | 15 |
| boxing contests with
reasonable judgment,
skill, or | 16 |
| safety;
| 17 |
| (16) allowing one's license or permit issued
under
this | 18 |
| Act to be used by another person;
| 19 |
| (17) failing, within a reasonable time, to provide any
| 20 |
| information
requested by the Department as a result of a | 21 |
| formal or informal
complaint;
| 22 |
| (18) professional incompetence;
| 23 |
| (19) failure to file a return, or to pay the tax, | 24 |
| penalty or
interest
shown in a filed return, or to pay any | 25 |
| final assessment of tax, penalty or
interest, as required | 26 |
| by any tax Act administered by the Illinois
Department of |
|
|
|
HB1947 |
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LRB095 11354 RAS 32103 b |
|
| 1 |
| Revenue, until such time as the requirements of any such | 2 |
| tax
Act are satisfied;
| 3 |
| (20) (blank);
holding or promoting an ultimate | 4 |
| fighting exhibition, or
participating
in an ultimate | 5 |
| fighting exhibition as a promoter, contestant,
referee,
| 6 |
| judge, scorer, manager, trainer, announcer, or timekeeper;
| 7 |
| (21) habitual or excessive use or addiction to alcohol, | 8 |
| narcotics,
stimulants, or any other
chemical agent or drug | 9 |
| that results in an inability to participate in an
event; or
| 10 |
| (22) failure to stop a contest or exhibition when | 11 |
| requested to do so by
the Department.
| 12 |
| (b) The determination by a circuit court that a licensee is | 13 |
| subject to
involuntary admission or
judicial admission as | 14 |
| provided in the Mental Health and Developmental
Disabilities | 15 |
| Code operates as
an automatic suspension. The suspension will | 16 |
| end only upon a finding by a court
that the licensee is no
| 17 |
| longer subject to involuntary admission or judicial admission, | 18 |
| issuance of an
order so finding and
discharging the licensee, | 19 |
| and upon the recommendation of the Board to the
Director that | 20 |
| the licensee
be allowed to resume his or her practice.
| 21 |
| (c) In enforcing this Section, the Board, upon a showing of | 22 |
| a possible
violation,
may compel any
individual licensed to | 23 |
| practice under this Act, or who has
applied for licensure | 24 |
| pursuant to this Act, to submit to a mental or physical
| 25 |
| examination, or both, as required
by and at the expense of the | 26 |
| Department. The examining physicians or clinical
psychologists |
|
|
|
HB1947 |
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LRB095 11354 RAS 32103 b |
|
| 1 |
| shall be
those specifically designated by the Board. The Board | 2 |
| or the Department may
order the examining
physician or clinical | 3 |
| psychologist to present testimony concerning this mental
or | 4 |
| physical examination
of the licensee or applicant. No | 5 |
| information shall be excluded
by
reason of any common
law or | 6 |
| statutory privilege relating to communications between the | 7 |
| licensee or applicant
and the examining physician or clinical | 8 |
| psychologist. Eye examinations may be
provided by a
licensed | 9 |
| and certified therapeutic optometrist. The individual to be | 10 |
| examined
may have, at his or her
own expense, another physician | 11 |
| of his or her choice present during all aspects
of the | 12 |
| examination.
Failure of any individual to submit to a mental or | 13 |
| physical examination, when
directed, shall be
grounds for | 14 |
| suspension of a license until such time as the individual | 15 |
| submits
to the examination if the
Board finds, after notice and | 16 |
| hearing, that the refusal to submit to the
examination was | 17 |
| without
reasonable cause.
| 18 |
| (d) If the Board finds an individual unable to practice | 19 |
| because of the
reasons
set forth in this
Section, the Board | 20 |
| shall require the individual to submit to care, counseling,
or | 21 |
| treatment by
physicians or clinical psychologists approved or | 22 |
| designated by the Board, as a
condition, term, or
restriction | 23 |
| for continued, reinstated, or renewed licensure, or
in lieu of | 24 |
| care,
counseling, or treatment, the Board may recommend to the | 25 |
| Department to file a
complaint to
immediately suspend, revoke, | 26 |
| or otherwise discipline the license of the individual. Any
|
|
|
|
HB1947 |
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LRB095 11354 RAS 32103 b |
|
| 1 |
| individual whose license was granted pursuant to this Act,
or
| 2 |
| continued, reinstated,
renewed, disciplined, or supervised, | 3 |
| subject to such conditions, terms, or
restrictions, who shall | 4 |
| fail to
comply with such conditions, terms, or restrictions, | 5 |
| shall be referred to the
Director for a
determination as to | 6 |
| whether the individual shall have his or her license suspended
| 7 |
| immediately, pending a hearing by the Board.
| 8 |
| (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| 9 |
| (225 ILCS 105/25.1)
| 10 |
| (Section scheduled to be repealed on January 1, 2012)
| 11 |
| Sec. 25.1. Medical Suspension. A licensee who is determined | 12 |
| by the
examining
physician to
be unfit to compete or officiate | 13 |
| shall be immediately suspended until it is
shown that he or she | 14 |
| is fit for
further competition or officiating. If the licensee | 15 |
| disagrees with a medical
suspension set at the
discretion of | 16 |
| the ringside physician, he or she may request a hearing to show
| 17 |
| proof of fitness. The
hearing shall be provided at the earliest | 18 |
| opportunity after the Department
receives a written request
| 19 |
| from the licensee.
| 20 |
| If the referee has rendered a decision of technical | 21 |
| knockout against a boxing
contestant or if
the contestant is | 22 |
| knocked out other than by a blow to the head, the boxing
| 23 |
| contestant shall be
immediately suspended for a period of not | 24 |
| less than 30 days. In a mixed martial art contest, if the | 25 |
| contestant has tapped out or has submitted, the referee shall |
|
|
|
HB1947 |
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LRB095 11354 RAS 32103 b |
|
| 1 |
| stop the contest and the ringside physician shall determine the | 2 |
| length of suspension.
| 3 |
| If the boxing contestant has been knocked out by a blow to | 4 |
| the head, he or
she shall be
suspended immediately for a period | 5 |
| of not less than 45 days.
| 6 |
| Prior to reinstatement, any boxing contestant suspended | 7 |
| for his or her
medical protection shall
satisfactorily pass a | 8 |
| medical examination upon the direction of the
Department. The | 9 |
| examining
physician may require any necessary medical | 10 |
| procedures during the
examination.
| 11 |
| (Source: P.A. 91-408, eff. 1-1-00.)
| 12 |
| (225 ILCS 105/26) (from Ch. 111, par. 5026)
| 13 |
| (Section scheduled to be repealed on January 1, 2012)
| 14 |
| Sec. 26. Home rule pre-emption. It is declared to be the | 15 |
| public policy
of this State, pursuant to subsection (h) of
| 16 |
| Section 6 of Article VII of the Illinois Constitution of 1970, | 17 |
| that any power
or function set forth in this Act to be | 18 |
| exercised by the State , including the
regulation of ultimate | 19 |
| fighting exhibitions, is an exclusive State power or
function. | 20 |
| Such power or function shall not be exercised concurrently, | 21 |
| either
directly or indirectly, by any unit of local government, | 22 |
| including home rule
units, except as otherwise provided in this | 23 |
| Act.
| 24 |
| (Source: P.A. 89-578, eff. 7-30-96.)
|
|
|
|
HB1947 |
- 25 - |
LRB095 11354 RAS 32103 b |
|
| 1 |
| (225 ILCS 105/7.5 rep.)
| 2 |
| Section 10. The Professional Boxing Act is amended by | 3 |
| repealing Section 7.5.
|
|