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90_HB0715
5 ILCS 80/4.12 from Ch. 127, par. 1904.12
225 ILCS 105/1 from Ch. 111, par. 5001
225 ILCS 105/2 from Ch. 111, par. 5002
225 ILCS 105/6 from Ch. 111, par. 5006
225 ILCS 105/7 from Ch. 111, par. 5007
225 ILCS 105/7.5
225 ILCS 105/9 from Ch. 111, par. 5009
225 ILCS 105/10 from Ch. 111, par. 5010
225 ILCS 105/11 from Ch. 111, par. 5011
225 ILCS 105/13 from Ch. 111, par. 5013
225 ILCS 105/16 from Ch. 111, par. 5016
225 ILCS 105/23 from Ch. 111, par. 5023
Amends the Professional Boxing and Wrestling Act to
repeal provisions relating to boxing, to prohibit boxing
contests, and to rename the Act as the Professional Wrestling
Act.
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1 AN ACT concerning professional boxing, amending a named
2 Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Regulatory Agency Sunset Act is amended by
6 changing Section 4.12 as follows:
7 (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12)
8 Sec. 4.12. Acts repealed December 31, 2001. The following
9 Acts are repealed December 31, 2001:
10 The Professional Boxing and Wrestling Act.
11 The Interior Design Profession Title Act.
12 The Detection of Deception Examiners Act.
13 The Water Well and Pump Installation Contractor's License
14 Act.
15 (Source: P.A. 86-1404; 86-1475; 87-703.)
16 Section 10. The Professional Boxing and Wrestling Act is
17 amended by changing Sections 1, 2, 6, 7, 7.5, 9, 10, 11, 13,
18 16, and 23 as follows:
19 (225 ILCS 105/1) (from Ch. 111, par. 5001)
20 Sec. 1. Short title and definitions.
21 (a) This Act shall be known and may be cited as the
22 "Professional Boxing and Wrestling Act".
23 (b) As used in this Act:
24 (1) 1. "Department" means the Department of
25 Professional Regulation.
26 (2) 2. "Director" means the Director of
27 Professional Regulation.
28 (3) 3. "Board" means the State Boxing and Wrestling
29 Board appointed by the Director.
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1 4. "License" means the license issued for boxing
2 contestants or officials in accordance with this Act.
3 (4) 5. "Registration" means the registration issued
4 to wrestling promoters in accordance with this Act.
5 (5) 6. "Boxing contests" mean include professional
6 boxing or sparring matches, events, exhibitions, or
7 cards.
8 (6) 7. "Wrestling exhibitions" include professional
9 wrestling contests, matches, events, and shows.
10 (7) 8. "Athletic events" include both professional
11 boxing contests and professional wrestling exhibitions.
12 (8) 9. "Permit" means the authorization from the
13 Department to a promoter to conduct professional boxing
14 contests or professional wrestling exhibitions.
15 (9) 10. "Promoter" means a person who is licensed
16 or registered and who holds a permit to conduct
17 professional boxing matches or professional wrestling
18 exhibitions.
19 (10) 11. Unless the context indicates otherwise,
20 "person" includes an association, partnership,
21 corporation, gymnasium or club.
22 (11) 12. For the purposes of this Act the term
23 "Trainer" includes what is commonly referred to as
24 "second".
25 (12) 13. "Ultimate fighting exhibition" has the
26 meaning given by rule adopted by the Department in
27 accordance with Section 7.5.
28 (Source: P.A. 89-578, eff. 7-30-96.)
29 (225 ILCS 105/2) (from Ch. 111, par. 5002)
30 Sec. 2. State Wrestling Board. There is created the
31 State Boxing and Wrestling Board consisting of 5 persons who
32 shall be appointed by and shall serve in an advisory capacity
33 to the Director. There shall also be a physician licensed to
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1 practice medicine in all of its branches who shall act as a
2 consultant to the Board as needed. Upon the expiration of
3 the terms of the Board members appointed before or after the
4 effective date of this Act, the Director shall appoint their
5 successors, each to serve for a term of 3 years from and
6 after the 3rd Monday in January of the year in which the
7 antecedent term expires and all to serve until their
8 successors are appointed and qualified. One member of the
9 Board shall be designated as the Chairman. Each member of
10 the Board shall receive $75 per day for each day he or she is
11 engaged in transacting the business of the Board and, in
12 addition, shall be reimbursed for his or her expenses
13 necessarily incurred in relation to such service in
14 accordance with the travel regulations applicable to the
15 Department at the time the expenses are incurred.
16 The Director may appoint and at his or her pleasure
17 remove a secretary to the Board. It is the duty of the
18 Secretary to make a full record of all Board proceedings, and
19 perform other duties prescribed by the Director.
20 (Source: P.A. 87-1182.)
21 (225 ILCS 105/6) (from Ch. 111, par. 5006)
22 Sec. 6. Applicability. The provisions of this Act do not
23 apply to:
24 (1) 1. Boxing contests or Wrestling exhibitions
25 conducted by accredited secondary schools, colleges or
26 universities, although a fee may be charged.
27 Institutions organized to furnish instruction in
28 athletics are not included in this exemption.
29 (2) 2. Amateur boxing matches, Amateur wrestling
30 exhibitions, and amateur or professional martial arts or
31 kick boxing; except that this Act does apply to ultimate
32 fighting exhibitions.
33 (Source: P.A. 89-578, eff. 7-30-96.)
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1 (225 ILCS 105/7) (from Ch. 111, par. 5007)
2 Sec. 7. Permit requirement. In order to conduct a boxing
3 match or wrestling exhibition in this State, a promoter shall
4 obtain a permit issued by the Department in accordance with
5 this Act and the rules and regulations adopted pursuant
6 thereto. This permit shall authorize one or more contests or
7 exhibitions. A permit issued under this Act is not
8 transferable.
9 (Source: P.A. 82-522.)
10 (225 ILCS 105/7.5)
11 Sec. 7.5. Ultimate fighting exhibitions.
12 (a) The General Assembly finds and declares that:
13 (1) The entertainment spectacle commonly known as
14 "ultimate fighting" is a violent exhibition that is
15 excessively and unacceptably dangerous to the
16 participants.
17 (2) Unlike the sport sports of boxing and
18 wrestling, in which serious or permanent injury is
19 largely preventable and occurs only occasionally as an
20 incidental result of the athletic contest, ultimate
21 fighting is intended by its promoters to produce serious
22 injury in every exhibition and is widely and specifically
23 advertised and promoted as being the most dangerous of
24 all fighting exhibitions.
25 (3) The lack of appropriate restrictions on
26 dangerous blows or life-threatening maneuvers and the
27 matching of participants with incompatible styles of
28 fighting make it difficult or impossible for the State to
29 regulate ultimate fighting in a way that can reasonably
30 protect the safety of the participants.
31 (4) It is therefore an appropriate exercise of the
32 police power of the State and necessary for the public
33 safety and the common good to prohibit ultimate fighting
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1 exhibitions in this State.
2 (b) The Department, in consultation with the State
3 Boxing and Wrestling Board, shall adopt rules defining the
4 term "ultimate fighting exhibition" and distinguishing such
5 exhibitions from the legitimate boxing and wrestling contests
6 permitted under this Act and the exhibitions or contests of
7 the martial arts and other sports that are traditionally
8 conducted with respect for the safety and protection of the
9 participants.
10 (c) Beginning on the effective date of the rules to be
11 adopted under subsection (b) of this Section, no person may
12 hold, promote, or participate in any ultimate fighting
13 exhibition in this State.
14 (Source: P.A. 89-578, eff. 7-30-96.)
15 (225 ILCS 105/9) (from Ch. 111, par. 5009)
16 Sec. 9. Criteria for permit issuance. The Department
17 shall issue a permit to any promoter who:
18 (1) files a bond of no less than $5,000 with the
19 State Treasurer, to be approved in form and sufficiency
20 of its sureties by the State Treasurer, to cover
21 financial obligations pursuant to this Act, payable to
22 the People of the State of Illinois and conditioned for
23 the payment of the tax imposed by this Act, compliance
24 with this Act and the rules and regulations promulgated
25 pursuant thereto. Upon the filing and approval of the
26 bond, the State Treasurer shall issue 2 copies of a
27 certificate verifying the filing and approval. One copy
28 shall be filed by the promoter with the Department;
29 (2) files proof of insurance not less than $5,000
30 for each contestant participating in a boxing contest or
31 an exhibition. This insurance shall cover each: (a)
32 hospital, medication, physician and other such expenses
33 as would accrue in the treatment of an injury as a result
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1 of the boxing contest or exhibition, and (b) payment to
2 the estate of the contestant in the event of his death as
3 a result of his participation in the boxing contest or
4 exhibition;
5 (3) files proof of adequate security measures and
6 adequate medical supervision as determined by Department
7 rule, to ensure the protection of the health and safety
8 of the general public while attending athletic events and
9 the contestants' safety while participating in such
10 events. In the case of boxing contests, proof of
11 adequate medical supervision shall, at a minimum, include
12 no less than one medical doctor and 2 trained paramedics
13 or 2 nurses who are trained to administer emergency
14 medical care, that there is a comprehensive evacuation
15 plan for the removal of any seriously injured boxer from
16 the boxing contest to a hospital facility, and that the
17 boxing contest will be held in an area where adequate
18 neurosurgical facilities are immediately available for
19 skilled emergency treatment of an injured boxer;
20 (4) files proof that the building to be used is
21 properly ventilated and complies with all laws,
22 ordinances and regulations in the city, town or village
23 where the athletic event is to be held;
24 (5) files proof of sufficient liquid assets to meet
25 his financial obligations for the event. In the
26 discretion of the Department, additional proof of
27 financial ability may be required; and
28 (6) pays the required fee.
29 The Department shall issue a permit to any promoter who
30 meets the requirements of this Act. The permit shall only be
31 issued for a specific date and location of an athletic event
32 and shall not be transferable.
33 In an emergency, the Department may, upon application,
34 issue a temporary permit to allow a promoter to hold an
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1 athletic event in a different location than the application
2 specifies, and may allow the promoter to substitute
3 contestants, seconds, or referee. The application for a
4 temporary permit shall require the same information as the
5 permit application described in Section 8.
6 (Source: P.A. 85-225.)
7 (225 ILCS 105/10) (from Ch. 111, par. 5010)
8 Sec. 10. Boxing prohibition. In order to participate in
9 (a) Boxing contests shall not be conducted in the State
10 of Illinois the following persons must each be licensed and
11 in good standing with the Department: (a) promoters, (b)
12 contestants, (c) seconds, (d) referees, (e) judges, (f)
13 managers, (g) trainers, and (h) timekeepers.
14 (b) Matchmakers, physicians and announcers may
15 participate in exhibitions boxing contests without being
16 registered licensed. It shall be the responsibility of the
17 promoter to ensure that these unlicensed persons comply with
18 the Act, and all rules and regulations promulgated pursuant
19 thereto. These persons involved with professional boxing and
20 wrestling must register with the Department by supplying the
21 Athletic Section with their name, address, telephone number
22 and social security number.
23 (Source: P.A. 85-225.)
24 (225 ILCS 105/11) (from Ch. 111, par. 5011)
25 Sec. 11. Qualifications for registration. The Department
26 shall grant licenses to the following persons if the
27 following qualifications are met:
28 (A) An applicant for licensure as a contestant in a
29 boxing match must: (1) be 18 years old, except when the
30 applicant has exhibited unusual maturity or ability, (2) be
31 of good moral character, (3) file an application stating the
32 applicant's correct name, and no assumed or ring name may be
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1 used unless such name is registered with the Department along
2 with the applicant's correct name, date and place of birth,
3 place of current residence, and a sworn statement that he is
4 not currently in violation of any federal, State or local
5 laws or rules governing boxing, (4) file a certificate of a
6 physician licensed to practice medicine in all of its
7 branches which attests that the applicant is physically fit
8 and qualified to participate in boxing matches, and (5) pay
9 the required fee.
10 (B) An applicant for licensure as a boxing promoter,
11 referee, judge, manager, trainer or timekeeper must: (1) be
12 of good moral character, (2) file an application stating the
13 applicant's name, date and place of birth, place of current
14 residence along with a sworn statement that he is not
15 currently in violation of any federal, State or local laws or
16 rules governing boxing, (3) have had satisfactory experience
17 in his field, and (4) pay the required fee. An applicant for
18 licensure as a referee, manager or trainer must also file
19 proof that he has participated in medical seminars pertaining
20 to boxing contests, the curriculum and number of hours of
21 which the Department by rule deems sufficient.
22 (C) An applicant for registration as a wrestling
23 promoter must: (1) be of good moral character, (2) file an
24 application with the Department stating the applicant's name,
25 date and place of birth, place of current resident along with
26 a sworn statement that he is not currently in violation of
27 any federal, State or local laws or rules governing
28 wrestling, and (3) pay the required fee.
29 In determining good moral character, the Department may
30 take into consideration any felony conviction of the
31 applicant, but such a conviction shall not operate as a bar
32 to registration licensure. No certificate of registration
33 license issued under this Act is transferable.
34 (Source: P.A. 83-398.)
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1 (225 ILCS 105/13) (from Ch. 111, par. 5013)
2 Sec. 13. Ticket reporting. Tickets to athletic events,
3 other than an athletic event conducted at premises with an
4 indoor seating capacity of more than 17,000, shall be printed
5 in such form as the Department shall prescribe. A sworn
6 inventory of all tickets printed for any event shall be
7 mailed to the Department by the printer not less than 7 days
8 before the event, and a sworn inventory of all tickets
9 printed for any event shall be sent to the Department by the
10 promoter within 24 hours after receipt of delivery from the
11 printer. The total number of tickets printed shall not exceed
12 the total seating capacity of the premises in which the event
13 is to be held. No tickets of admission to any event, other
14 than an athletic event conducted at premises with an indoor
15 seating capacity of more than 17,000, shall be sold except
16 those declared on an official ticket inventory as described
17 in this Section.
18 A promoter who conducts an athletic event under this Act,
19 other than an athletic event conducted at premises with an
20 indoor seating capacity of more than 17,000, shall, within 24
21 hours after such event: (1) furnish to the Department a
22 written report verified by the promoter or his authorized
23 designee showing the number of tickets sold for the contest
24 and the amount of the gross proceeds thereof; and (2) pay to
25 the State Treasurer a tax of 10% of the first $500,000 of
26 gross receipts from the sale of admission tickets, to be
27 placed in the General Revenue Fund. Also, every person,
28 showing or holding any boxing match or wrestling exhibition
29 on a closed circuit telecast viewed in this State, whether
30 originating within this State, or another state or country,
31 where admission is charged, shall furnish the Athletic
32 Section of the Department a written report, under oath,
33 stating the number of tickets sold for such showing and the
34 amount of the gross proceeds thereof, and such other matters
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1 as the Athletic Board prescribes and shall within 24 hours
2 after the showing of the contest pay to the State Treasurer a
3 5% tax on the total gross receipts from the sale of tickets
4 for the showing of such match. A fee must be paid for each
5 location where the boxing contest or wrestling exhibition is
6 shown by a registered licensed Illinois promoter.
7 (Source: P.A. 88-595, eff. 8-26-94.)
8 (225 ILCS 105/16) (from Ch. 111, par. 5016)
9 Sec. 16. Discipline and sanctions. The Department may
10 refuse to issue a permit or certificate of registration
11 license, refuse to renew, suspend, revoke, reprimand, place
12 on probation, or take such other disciplinary action as the
13 Department may deem proper, including the imposition of fines
14 not to exceed $1,000 for each violation, with regard to any
15 registrant or license or permit holder for any one or
16 combination of the following reasons:
17 (1) 1. gambling, betting or wagering on the result
18 of or a contingency connected with an athletic event or
19 permitting such activity to take place;
20 (2) 2. participating in or permitting a sham or
21 fake boxing match;
22 (3) 3. holding the athletic event at any other time
23 or place than is stated on the permit application;
24 (4) 4. permitting any contestant or referees other
25 than those stated on the permit application to
26 participate in an athletic event, except as provided in
27 Section 9;
28 (5) 5. violation or aiding in the violation of any
29 of the provisions of this Act or any rules or regulations
30 promulgated thereto;
31 (6) 6. violation of any federal, State or local
32 laws of the United States or other jurisdiction governing
33 athletic events or any regulation promulgated pursuant
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1 thereto;
2 (7) 7. charging a greater rate or rates of
3 admission than is specified on the permit application;
4 (8) 8. failure to obtain all the necessary permits,
5 registrations, or licenses as required under this Act;
6 (9) 9. failure to file the necessary bond or to pay
7 the gross receipts tax as required by this Act;
8 (10) 10. engaging in dishonorable, unethical or
9 unprofessional conduct of a character likely to
10 deceive, defraud or harm the public, or which is
11 detrimental to honestly conducted athletic events;
12 (11) 11. employment of fraud, deception or any
13 unlawful means in applying for or securing a permit,
14 license, or registration under this Act;
15 (12) 12. permitting a physician making the physical
16 examination to knowingly certify falsely to the physical
17 condition of a contestant;
18 (13) 13. permitting contestants of widely disparate
19 weights or abilities to engage in athletic events;
20 14. Boxing while under medical suspension in this
21 State or in any other state, territory or country;
22 (14) 15. physical illness, including, but not
23 limited to, deterioration through the aging process, or
24 loss of motor skills which results in the inability to
25 participate in athletic events with reasonable judgment,
26 skill, or safety;
27 (15) 16. allowing one's license, permit, or
28 registration issued under this Act to be used by another
29 person;
30 (16) 17. failing, within a reasonable time, to
31 provide any information requested by the Department as a
32 result of a formal or informal complaint;
33 (17) 18. professional incompetence;
34 (18) 19. failure to file a return, or to pay the
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1 tax, penalty or interest shown in a filed return, or to
2 pay any final assessment of tax, penalty or interest, as
3 required by any tax Act administered by the Illinois
4 Department of Revenue, until such time as the
5 requirements of any such tax Act are satisfied; and
6 19 20. holding or promoting an ultimate fighting
7 exhibition, or participating in an ultimate fighting
8 exhibition as a promoter, contestant, second, referee,
9 judge, scorer, manager, trainer, announcer, or
10 timekeeper, after the effective date of the rules
11 required to be adopted under Section 7.5 of this Act.
12 (Source: P.A. 89-578, eff. 7-30-96.)
13 (225 ILCS 105/23) (from Ch. 111, par. 5023)
14 Sec. 23. Fees. The following fees are not refundable:
15 (1) 1. The fee for a permit to hold an athletic
16 event shall be $25.
17 2. The fee for a license as a boxing promoter shall
18 be $300 and the fee for renewal shall be calculated at
19 the rate of $150 per year.
20 3. The fee for a license as a boxing promoter shall
21 be $300 and the fee for renewal shall be calculated at
22 the rate of $150 per year.
23 4. The fee for a license as boxing contestant shall
24 be $20 and the fee for renewal shall be calculated at the
25 rate of $10 per year.
26 (2) 5. The fee for a license as a referee shall be
27 $100 and the fee for renewal shall be calculated at the
28 rate of $50 per year.
29 (3) 6. The fee for a license as a judge shall be
30 $10 and the fee for renewal shall be calculated at the
31 rate of $5 per year.
32 (4) 7. The fee for a license as a manager shall be
33 $50 and the fee for renewal shall be calculated at the
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1 rate of $25 per year.
2 (5) 8. The fee for a license as a trainer (second)
3 shall be $10, and the fee for renewal shall be calculated
4 at the rate of $5 per year.
5 (6) 9. The fee for a license as a timekeeper shall
6 be $50 and the fee for renewal shall be calculated at the
7 rate of $25 per year.
8 (7) 10. The fee for a registration of a wrestling
9 promoter shall be $300 and the fee for renewal shall be
10 calculated at the rate of $150 per year.
11 (Source: P.A. 82-522.)
12 Section 15. The Professional Boxing and Wrestling Act is
13 amended by repealing Section 12.