Rep. Angelo Saviano

Filed: 4/12/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1490

2    AMENDMENT NO. ______. Amend House Bill 1490, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Regulatory Sunset Act is amended by
6changing Section 4.22 and by adding Section 4.32 as follows:
 
7    (5 ILCS 80/4.22)
8    Sec. 4.22. Acts repealed on January 1, 2012. The following
9Acts are repealed on January 1, 2012:
10    The Detection of Deception Examiners Act.
11    The Home Inspector License Act.
12    The Interior Design Title Act.
13    The Massage Licensing Act.
14    The Petroleum Equipment Contractors Licensing Act.
15    The Professional Boxing Act.
16    The Real Estate Appraiser Licensing Act of 2002.

 

 

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1    The Water Well and Pump Installation Contractor's License
2Act.
3(Source: P.A. 95-331, eff. 8-21-07.)
 
4    (5 ILCS 80/4.32 new)
5    Sec. 4.32. Acts repealed on January 1, 2022. The following
6Act is repealed on January 1, 2022:
7    The Boxing and Full-contact Martial Arts Act.
 
8    Section 7. The State Finance Act is amended by adding
9Section 5.786 as follows:
 
10    (30 ILCS 105/5.786 new)
11    Sec. 5.786. The Athletics Supervision and Regulation Fund.
 
12    Section 10. The Professional Boxing Act is amended by
13changing the title of the Act and Sections 0.05, 1, 2, 6, 7, 8,
1410, 10.5, 11, 12, 13, 15, 16, 17.7, 17.9, 17.10, 18, 19, 19.1,
1519.2, 19.5, 20, and 25.1 and by adding Sections 10.1, 11.5, and
1624.5 as follows:
 
17    (225 ILCS 105/Act title)
18An Act in relation to professional boxing and full-contact
19martial arts.
 
20    (225 ILCS 105/0.05)

 

 

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1    (Section scheduled to be repealed on January 1, 2012)
2    Sec. 0.05. Declaration of public policy. Professional
3boxing and full-contact martial arts contests in the State of
4Illinois, and amateur boxing and full-contact martial arts
5contests events, are hereby declared to affect the public
6health, safety, and welfare and to be subject to regulation and
7control in the public interest. It is further declared to be a
8matter of public interest and concern that these contests and
9events, as defined in this Act, merit and receive the
10confidence of the public and that only qualified persons be
11authorized to participate in these contests and events in the
12State of Illinois. This Act shall be liberally construed to
13best carry out these objects and purposes.
14(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
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 Boxing and Full-contact
19Martial Arts Act Professional Boxing Act.
20    (b) As used in this Act:
21        1. "Department" means the Department of Financial and
22    Professional Regulation.
23        2. "Secretary" means the Secretary of Financial and
24    Professional Regulation.
25        3. "Board" means the State of Illinois Athletic

 

 

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1    Professional Boxing Board established pursuant to this Act
2    appointed by the Secretary.
3        4. "License" means the license issued for promoters,
4    professionals contestants, or officials in accordance with
5    this Act.
6        5. (Blank).
7        "Professional contest" 6. "Contest" means a
8    professional boxing or professional full-contact martial
9    arts competition in which all of the participants competing
10    against one another are professionals and where the public
11    is able to attend or a fee is charged match or exhibition.
12        7. (Blank).
13        8. (Blank).
14        9. "Permit" means the authorization from the
15    Department to a promoter to conduct professional or amateur
16    contests, or a combination of both contests.
17        10. "Promoter" means a person who is licensed and who
18    holds a permit to conduct professional or amateur contests,
19    or a combination of both.
20        11. Unless the context indicates otherwise, "person"
21    includes, but is not limited to, an individual,
22    association, organization, business entity, gymnasium, or
23    club.
24        12. (Blank).
25        13. (Blank).
26        14. (Blank).

 

 

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1        15. "Judge" means a person licensed by the Department
2    who is located at ringside or adjacent to the fighting area
3    during a professional contest and who has the
4    responsibility of scoring the performance of the
5    participants in that professional the contest.
6        16. "Referee" means a person licensed by the Department
7    who has the general supervision of a contest and is present
8    inside of the ring or fighting area during a professional
9    the contest.
10        17. "Amateur" means a person registered by the
11    Department who is not competing for, and has never received
12    or competed for, any purse or other article of value,
13    directly or indirectly, either for participating in any
14    contest or for the expenses of training therefor, other
15    than a non-monetary prize that does not exceed $50 in
16    value.
17        "Professional" 18. "Contestant" means a person
18    licensed by the Department who competes for a money prize,
19    purse, or other type of compensation in a professional
20    contest held in Illinois.
21        19. "Second" means a person licensed by the Department
22    who is present at any professional contest to provide
23    assistance or advice to a professional contestant during
24    the contest.
25        20. "Matchmaker" means a person licensed by the
26    Department who brings together professionals to compete in

 

 

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1    contestants or procures contests for contestants.
2        21. "Manager" means a person licensed by the Department
3    who is not a promoter and who, under contract, agreement,
4    or other arrangement with any contestant, undertakes to,
5    directly or indirectly, control or administer the affairs
6    of professionals contestants.
7        22. "Timekeeper" means a person licensed by the
8    Department who is the official timer of the length of
9    rounds and the intervals between the rounds.
10        23. "Purse" means the financial guarantee or any other
11    remuneration for which contestants are participating in a
12    professional contest.
13        24. "Physician" means a person licensed to practice
14    medicine in all its branches under the Medical Practice Act
15    of 1987.
16        25. "Martial arts" means a discipline or combination of
17    different disciplines that utilizes sparring techniques
18    without the intent to injure, disable, or incapacitate
19    one's opponent, such as, but not limited to, Karate, Kung
20    Fu, Judo, and Tae Kwon Do.
21        26. "Full-contact martial arts" means the use of a
22    singular discipline or a combination of techniques from
23    different disciplines of the martial arts, including,
24    without limitation, full-force grappling, kicking, and
25    striking with the intent to injure, disable, or
26    incapacitate one's opponent.

 

 

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1        27. "Amateur contest full-contact martial arts event"
2    means a boxing or full-contact martial arts competition in
3    match or exhibition which all of the participants competing
4    against one another are amateurs and where the public is
5    able to attend or a fee is charged.
6        "Contestant" means a person who competes in either a
7    boxing or full-contact martial arts contest.
8        "Address of record" means the designated address
9    recorded by the Department in the applicant's or licensee's
10    application file or license file as maintained by the
11    Department's licensure maintenance unit. It is the duty of
12    the applicant or licensee to inform the Department of any
13    change of address and those changes must be made either
14    through the Department's website or by contacting the
15    Department.
16        "Bout" means one match between 2 contestants.
17        "Sanctioning body" means an organization approved by
18    the Department under the requirements and standards stated
19    in this Act and the rules adopted under this Act to act as
20    a governing body that sanctions professional or amateur
21    contests.
22(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
23    (225 ILCS 105/2)  (from Ch. 111, par. 5002)
24    (Section scheduled to be repealed on January 1, 2012)
25    Sec. 2. State of Illinois Athletic Professional Boxing

 

 

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1Board. There is created the State of Illinois Athletic
2Professional Boxing Board consisting of 6 persons who shall be
3appointed by and shall serve in an advisory capacity to the
4Secretary, and the State Professional Boxing Board shall be
5disbanded Director. One member of the Board shall be a
6physician licensed to practice medicine in all of its branches.
7The Secretary Director shall appoint each member to serve for a
8term of 3 years and until his or her successor is appointed and
9qualified. One member of the board shall be designated as the
10Chairperson and one member shall be designated as the
11Vice-chairperson. No member shall be appointed to the Board for
12a term which would cause continuous service to be more than 9
13years. Service prior to January 1, 2000 shall not be considered
14in calculating length of service on the Board. Each member of
15the board shall receive compensation for each day he or she is
16engaged in transacting the business of the board and, in
17addition, shall be reimbursed for his or her authorized and
18approved expenses necessarily incurred in relation to such
19service in accordance with the travel regulations applicable to
20the Department at the time the expenses are incurred.
21    Four members A majority of the current members appointed
22shall constitute a quorum.
23    The members of the Board shall be immune from suit in any
24action based upon any disciplinary proceedings or other acts
25performed in good faith as members of the Board.
26    The Secretary Director may remove any member of the Board

 

 

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1for misconduct, incapacity, or neglect of duty. The Secretary
2Director shall reduce to writing any causes for removal.
3(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
4    (225 ILCS 105/6)  (from Ch. 111, par. 5006)
5    (Section scheduled to be repealed on January 1, 2012)
6    Sec. 6. Restricted contests and events.
7    (a) All professional and amateur contests, or a combination
8of both, in which physical contact is made are prohibited in
9Illinois unless authorized by the Department pursuant to the
10requirements and standards stated in this Act and the rules
11adopted pursuant to this Act. This subsection (a) does not
12apply to any of the following:
13        (1) Amateur boxing or full-contact martial arts
14    contests conducted by accredited secondary schools,
15    colleges, or universities, although a fee may be charged.
16        (2) Amateur boxing contests that are sanctioned by USA
17    Boxing or any other sanctioning organization approved by
18    the Association of Boxing Commissions.
19        (3) Amateur boxing or full-contact martial arts
20    contests conducted by a State, county, or municipal entity.
21        (4) Amateur martial arts or full-contact martial arts
22    contests, as defined by this Act, that are recognized by
23    the International Olympic Committee and are contested in
24    the Olympic Games and are not conducted in an enclosed
25    fighting area or ring.

 

 

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1    No other amateur boxing or full-contact martial arts
2contests shall be permitted unless authorized by the
3Department.
4    (b) The Department shall have the authority to determine
5whether a professional or amateur contest is exempt for
6purposes of this Section. Department authorization is not
7required for amateur full-contact martial arts events
8conducted in a manner that provides substantially similar
9protections for the health, safety, and welfare of the
10participants and the public as are required for professional
11events by this Act and the rules adopted by the Department
12under this Act. Those protections shall include, at a minimum,
13onsite medical staff and equipment, trained officials,
14adequate insurance coverage, weight classes, use of
15appropriate safety equipment by participants, adequate and
16safe competition surfaces, and standards regarding striking
17techniques and fouls. Anyone conducting an amateur
18full-contact martial arts event shall notify the Department in
19writing of the date, time, and location of that event at least
2020 days prior to the event. Failure to comply with the
21requirements of this Section shall render the event prohibited
22and unauthorized by the Department, and persons involved in the
23event are subject to the procedures and penalties set forth in
24Section 10.5.
25(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 105/7)  (from Ch. 111, par. 5007)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 7. In order to conduct a professional contest or,
4beginning 6 months after the adoption of rules pertaining to an
5amateur contest, an amateur contest, or a combination of both,
6in this State, a promoter shall obtain a permit issued by the
7Department in accordance with this Act and the rules and
8regulations adopted pursuant thereto. This permit shall
9authorize one or more professional or amateur contests, or a
10combination of both. Amateur full-contact martial arts
11contests must be registered and sanctioned by a sanctioning
12body approved by the Department for that purpose under the
13requirements and standards stated in this Act and the rules
14adopted under this Act. A permit issued under this Act is not
15transferable.
16(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
17    (225 ILCS 105/8)  (from Ch. 111, par. 5008)
18    (Section scheduled to be repealed on January 1, 2012)
19    Sec. 8. Permits.
20    (a) A promoter who desires to obtain a permit to conduct a
21professional or amateur contest, or a combination of both,
22shall apply to the Department at least 20 days prior to the
23event, in writing, on forms furnished by the Department. The
24application shall be accompanied by the required fee and shall
25contain, but not be limited to, at least the following

 

 

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1information to be submitted at times specified by rule:
2        (1) the legal names and addresses of the promoter;
3        (2) the name of the matchmaker;
4        (3) the time and exact location of the professional or
5    amateur contest, or a combination of both. It is the
6    responsibility of the promoter to ensure that the building
7    to be used for the event complies with all laws,
8    ordinances, and regulations in the city, town, village, or
9    county where the contest is to be held;
10        (4) the seating capacity of the building where the
11    event is to be held;
12        (5) a copy of the lease or proof of ownership of the
13    building where the event is to be held;
14        (6) the admission charge or charges to be made; and
15        (4) (7) proof of adequate security measures and
16    adequate medical supervision, as determined by Department
17    rule, to ensure the protection of the health and safety of
18    contestants and the general public while attending
19    professional or amateur contests, or a combination of both;
20    and the contestants' safety while participating in the
21    events and any other information that the Department may
22    determine by rule in order to issue a permit.
23    (b) After the initial application and within 10 days prior
24to a scheduled event, a promoter shall submit to the Department
25all of the following information:
26        (1) The amount of compensation to be paid to each

 

 

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1    participant.
2        (5) proof of adequate medical supervision, as
3    determined by Department rule, to ensure the protection of
4    the health and safety of professionals' or amateurs' while
5    participating in the contest;
6        (6) the (2) The names of the professionals or amateurs
7    competing; contestants.
8        (7) proof (3) Proof of insurance for not less than
9    $50,000 as further defined by rule for each professional or
10    amateur contestant participating in a professional or
11    amateur contest, or a combination of both; insurance .
12    Insurance required under this paragraph (6) subsection
13    shall cover (i) hospital, medication, physician, and other
14    such expenses as would accrue in the treatment of an injury
15    as a result of the professional or amateur contest; and
16    (ii) payment to the estate of the professional or amateur
17    contestant in the event of his or her death as a result of
18    his or her participation in the professional or amateur
19    contest; and (iii) accidental death and dismemberment; the
20    terms of the insurance coverage must not require the
21    contestant to pay a deductible for the medical, surgical,
22    or hospital care for injuries he or she sustains while
23    engaged in a contest, and if a licensed or registered
24    contestant pays for the medical, surgical, or hospital
25    care, the insurance proceeds must be paid to the contestant
26    or his or her beneficiaries as reimbursement for such

 

 

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1    payment; .
2    (c) All promoters shall provide to the Department, at least
324 hours prior to commencement of the event, the
4        (8) the amount of the purses purse to be paid to the
5    professionals for the event; the . The Department shall
6    adopt promulgate rules for payment of the purses; purse.
7        (9) organizational or internationally accepted rules,
8    per discipline, for professional or amateur full-contact
9    martial arts contests where the Department does not provide
10    the rules;
11        (10) proof of contract indicating the requisite
12    registration and sanctioning by a Department approved
13    sanctioning body for any full-contact martial arts contest
14    with scheduled amateur bouts; and
15        (11) any other information that the Department may
16    require to determine whether a permit shall be issued.
17    (d) The contest shall be held in an area where adequate
18neurosurgical facilities are immediately available for skilled
19emergency treatment of an injured contestant. It is the
20responsibility of the promoter to ensure that the building to
21be used for the event complies with all laws, ordinances, and
22regulations in the city, town, or village where the contest is
23to be held.
24    (b) The Department may issue a permit to any promoter who
25meets the requirements of this Act and the rules. The permit
26shall only be issued for a specific date and location of a

 

 

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1professional or amateur contest, or a combination of both, and
2shall not be transferable. The In an emergency, the Department
3may allow a promoter to amend a permit application to hold a
4professional or amateur contest, or a combination of both, in a
5different location other than the application specifies and may
6allow the promoter to substitute professionals or amateurs,
7respectively contestants.
8    (c) (e) The Department shall be responsible for assigning
9the judges, timekeepers, referees, and physicians, and medical
10personnel for a professional contest. Compensation shall be
11determined by the Department, and it It shall be the
12responsibility of the promoter to pay cover the cost of the
13individuals utilized at a contest.
14(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
15    (225 ILCS 105/10)  (from Ch. 111, par. 5010)
16    (Section scheduled to be repealed on January 1, 2012)
17    Sec. 10. Who must be licensed. In order to participate in
18professional contests the following persons must each be
19licensed and in good standing with the Department: (a)
20professionals, promoters, (b) contestants, (c) seconds, (c)
21(d) referees, (d) (e) judges, (e) (f) managers, (f) (g)
22matchmakers, and (g) (h) timekeepers.
23    In order to participate in professional or amateur contests
24or a combination of both, promoters must be licensed and in
25good standing with the Department.

 

 

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1    Announcers may participate in professional or amateur
2contests, or a combination of both, without being licensed
3under this Act. It shall be the responsibility of the promoter
4to ensure that announcers comply with the Act, and all rules
5and regulations promulgated pursuant to this Act.
6    A licensed promoter may not act as, and cannot be licensed
7as, a second, professional contestant, referee, timekeeper,
8judge, or manager. If he or she is so licensed, he or she must
9relinquish any of these licenses to the Department for
10cancellation. A person possessing a valid promoter's license
11may act as a matchmaker.
12(Source: P.A. 95-593, eff. 6-1-08.)
 
13    (225 ILCS 105/10.1 new)
14    Sec. 10.1. Registration of amateurs. Beginning 6 months
15after the adoption of rules providing for the registration of
16amateurs under this Act, it shall be unlawful for any person to
17compete as an amateur unless he or she is registered and in
18good standing with the Department or is otherwise exempt from
19registration under this Act. A person who is required to
20register shall apply to the Department, in writing, on forms
21provided by the Department.
 
22    (225 ILCS 105/10.5)
23    (Section scheduled to be repealed on January 1, 2012)
24    Sec. 10.5. Unlicensed practice; violation; civil penalty.

 

 

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1    (a) Any person who practices, offers to practice, attempts
2to practice, or holds oneself out to practice as a promoter,
3professional contestant, second, referee, judge, manager,
4matchmaker, or timekeeper without being licensed under this Act
5shall, in addition to any other penalty provided by law, pay a
6civil penalty to the Department in an amount not to exceed
7$10,000 $5,000 for each offense as determined by the
8Department. The civil penalty shall be assessed by the
9Department after a hearing is held in accordance with the
10provisions set forth in this Act regarding the provision of a
11hearing for the discipline of a licensee.
12    (b) The Department has the authority and power to
13investigate any and all unlicensed activity.
14    (c) The civil penalty shall be paid within 60 days after
15the effective date of the order imposing the civil penalty. The
16order shall constitute a judgment and may be filed and
17execution had thereon in the same manner as any judgment from
18any court of record.
19(Source: P.A. 95-593, eff. 6-1-08.)
 
20    (225 ILCS 105/11)  (from Ch. 111, par. 5011)
21    (Section scheduled to be repealed on January 1, 2012)
22    Sec. 11. Qualifications for license. The Department shall
23grant licenses to the following persons if the following
24qualifications are met:
25        (1) (A) An applicant for licensure as a professional

 

 

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1    contestant in a contest must: (1) be 18 years old, (2) be
2    of good moral character, (3) file an application stating
3    the applicant's legal correct name (and no assumed or ring
4    name may be used unless such name is registered with the
5    Department along with the applicant's legal correct name),
6    date and place of birth, place of current residence, and a
7    sworn statement that he is not currently in violation of
8    any federal, State or local laws or rules governing boxing
9    or full-contact martial arts, (4) file a certificate from
10    of a physician licensed to practice medicine in all of its
11    branches which attests that the applicant is physically fit
12    and qualified to participate in professional contests, and
13    (5) pay the required fee and meet any other requirements.
14    Applicants over age 35 who have not competed in a
15    professional or amateur contest within the last 36 months
16    may be required to appear before the Department Board to
17    determine their fitness to participate in a professional
18    contest. A picture identification card shall be issued to
19    all professionals contestants licensed by the Department
20    who are residents of Illinois or who are residents of any
21    jurisdiction, state, or country that does not regulate
22    professional boxing or full-contact martial arts. The
23    identification card shall be presented to the Department or
24    its representative upon request at weigh-ins.
25        (2) (B) An applicant for licensure as a referee, judge,
26    manager, second, matchmaker, or timekeeper must: (1) be of

 

 

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

 

 

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

 

 

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1(5) meet any other requirements as established by rule.
2    In determining good moral character, the Department may
3take into consideration any violation of any of the provisions
4of Section 16 of this Act. No registration issued under this
5Act is transferable.
6    This Section does not apply to amateur participants under
7the age of 18 and younger. Participants under the age of 18 and
8younger shall meet all other requirements for amateurs in this
9Act and as established by rule.
 
10    (225 ILCS 105/12)  (from Ch. 111, par. 5012)
11    (Section scheduled to be repealed on January 1, 2012)
12    Sec. 12. Professional or amateur contests Contests.
13    (a) The professional or amateur contest, or a combination
14of both, shall be held in an area where adequate neurosurgical
15facilities are immediately available for skilled emergency
16treatment of an injured professional or amateur.
17    (b) Each professional or amateur contestant shall be
18examined before entering the contest ring and promptly
19immediately after each bout contest by a physician licensed to
20practice medicine in all of its branches. The physician shall
21determine, prior to the contest, if each professional or
22amateur contestant is physically fit to compete engage in the
23contest. After the bout contest the physician shall examine the
24professional or amateur contestant to determine possible
25injury. If the professional's or amateur's contestant's

 

 

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1physical condition so indicates, the physician shall recommend
2to the Department immediate medical suspension. The physician
3or a licensed emergency medical technician-paramedic (EMT-P)
4must check the vital signs of all contestants as established by
5rule.
6    (c) The physician may, at any time during the professional
7or amateur bout contest, stop the professional or amateur bout
8contest to examine a professional or amateur contestant, and
9may direct the referee to terminate the bout contest when, in
10the physician's opinion, continuing the bout contest could
11result in serious injury to the professional or amateur
12contestant. If the professional's or amateur's physical
13condition so indicates, the physician shall recommend to the
14Department immediate medical suspension. The physician shall
15certify to the condition of the professional or amateur
16contestant in writing, over his signature on forms provided by
17the Department. Such reports shall be submitted to the
18Department in a timely manner. The physician shall be paid by
19the promoter a fee fixed by the Department. No contest shall be
20held unless a physician licensed to practice medicine in all of
21its branches is in attendance.
22    (d) No professional or amateur contest, or a combination of
23both, shall be allowed to begin or be held unless at least one
24physician, and 2 EMT-Ps, trained paramedics or 2 nurses who are
25trained to administer emergency medical care and at least one
26ambulance have been contracted with dedicated solely for the

 

 

09700HB1490ham002- 23 -LRB097 09990 CEL 54464 a

1care of professionals or amateurs who are competing as defined
2by rule contestants are present.
3    (e) No professional boxing bout contest shall be more than
412 rounds in length. The rounds shall not be more than 3
5minutes each with a one minute interval between them, and no
6professional boxer shall be allowed to participate in more than
7one contest within a 7-day period 12 rounds within 72
8consecutive hours.
9    The number and length of rounds for all other professional
10or amateur boxing or full-contact martial arts contests, or a
11combination of both, shall be determined established by rule.
12    (f) The number and types of officials required for each
13professional or amateur contest, or a combination of both,
14shall be determined by rule. At each contest there shall be a
15referee in attendance who shall direct and control the contest.
16The referee, before each contest, shall learn the name of the
17contestant's chief second and shall hold the chief second
18responsible for the conduct of his assistant during the
19progress of the contest.
20    There shall be 2 judges in attendance at all boxing
21contests who shall render a decision at the end of each
22contest. The decision of the judges, taken together with the
23decision of the referee, is final; or, 3 judges shall score the
24contest with the referee not scoring. The method of scoring
25shall be set forth in rules. The number of judges required and
26the manner of scoring for all other contests shall be set by

 

 

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1rule.
2    Judges, referees, or timekeepers for contests shall be
3assigned by the Department.
4    (g) The Department or its representative shall have
5discretion to declare a price, remuneration, or purse or any
6part of it belonging to the professional contestant withheld if
7in the judgment of the Department or its representative the
8professional contestant is not honestly competing.
9    (h) The Department shall have the authority to prevent a
10professional or amateur contest, or a combination of both, from
11being held and shall have the authority to stop a professional
12or amateur contest, or a combination of both, for noncompliance
13with any part of this Act or rules or when, in the judgment of
14the Department, or its representative, continuation of the
15event would endanger the health, safety, and welfare of the
16professionals or amateurs contestants or spectators. The
17Department's authority to stop a contest on the basis that the
18professional or amateur contest, or a combination of both,
19would endanger the health, safety, and welfare of the
20professionals or amateurs contestants or spectators shall
21extend to any professional or amateur contest, or a combination
22of both, regardless of whether that amateur contest is exempted
23from the prohibition in Section 6 of this Act. Department
24staff, or its representative, may be present at any
25full-contact martial arts contest with scheduled amateur
26bouts.

 

 

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1(Source: P.A. 95-593, eff. 6-1-08.)
 
2    (225 ILCS 105/13)  (from Ch. 111, par. 5013)
3    (Section scheduled to be repealed on January 1, 2012)
4    Sec. 13. Tickets; tax. Tickets to professional or amateur
5contests, or a combination of both, shall be printed in such
6form as the Department shall prescribe. A certified inventory
7of all tickets printed for any professional or amateur contest,
8or a combination of both, shall be mailed to the Department by
9the promoter not less than 7 days before the contest. The total
10number of tickets printed shall not exceed the total seating
11capacity of the premises in which the professional or amateur
12contest, or a combination of both, is to be held. No tickets of
13admission to any professional or amateur contest, or a
14combination of both, shall be sold except those declared on an
15official ticket inventory as described in this Section.
16    (a) A promoter who conducts a professional or a combination
17of a professional and amateur contest under this Act shall,
18within 24 hours after such a contest:
19        (1) furnish to the Department a written report verified
20    by the promoter or his authorized designee showing the
21    number of tickets sold for such a the contest or the actual
22    ticket stubs of tickets sold and the amount of the gross
23    proceeds thereof; and
24        (2) pay to the Department a tax of 5% 3% of the first
25    $500,000 of gross receipts from the sale of admission

 

 

09700HB1490ham002- 26 -LRB097 09990 CEL 54464 a

1    tickets, not to exceed $52,500, to be collected by the
2    Department and placed in the Athletics Supervision and
3    Regulation General Revenue Fund, a special fund created in
4    the State Treasury to be administered by the Department.
5    Moneys in the Athletics Supervision and Regulation Fund
6shall be used by the Department, subject to appropriation, for
7expenses incurred in administering this Act. Moneys in the Fund
8may be transferred to the Professions Indirect Cost Fund, as
9authorized under Section 2105-300 of the Department of
10Professional Regulation Law.
11    In addition to the payment of any other taxes and money due
12under subsection (a), every promoter of a professional or a
13combination of a professional and amateur contest shall pay to
14the Department 3% of the first $500,000 and 4% thereafter,
15which shall not exceed $35,000 in total from the total gross
16receipts from the sale, lease, or other exploitation of
17broadcasting, including, but not limited to, Internet, cable,
18television, and motion picture rights for that professional or
19professional and amateur combination contest or exhibition
20without any deductions for commissions, brokerage fees,
21distribution fees, advertising, professional contestants'
22purses, or any other expenses or charges. These fees shall be
23paid to the Department within 72 hours after the broadcast of
24the contest and placed in the Athletics Supervision and
25Regulation Fund.
26    (b) A promoter who conducts an amateur contest under this

 

 

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1Act shall, within 24 hours after such a contest:
2        (1) furnish to the Department a written report verified
3    by the promoter or his or her authorized designee showing
4    the number of tickets sold for the amateur contest or the
5    actual ticket stubs of tickets sold and the amount of the
6    gross proceeds thereof; and
7        (2) pay to the Department a tax of 3% of gross receipts
8    from the sale of admission tickets, not to exceed $52,500,
9    to be collected by the Department and placed in the
10    Athletics Supervision and Regulation Fund.
11(Source: P.A. 95-593, eff. 6-1-08.)
 
12    (225 ILCS 105/15)  (from Ch. 111, par. 5015)
13    (Section scheduled to be repealed on January 1, 2012)
14    Sec. 15. Inspectors. The Secretary Director may appoint
15inspectors to assist the Department staff in the administration
16of the Act. Each inspector appointed by the Secretary Director
17shall receive compensation for each day he or she is engaged in
18the transacting of business of the Department. Each inspector
19shall carry a card issued by the Department to authorize him or
20her to act in such capacity. The inspector or inspectors shall
21supervise each professional contest and, at the Department's
22discretion, may supervise any contest to ensure that the
23provisions of the Act are strictly enforced. The inspectors
24shall also be present at the counting of the gross receipts and
25shall immediately deliver to the Department the official box

 

 

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1office statement as required by Section 13.
2(Source: P.A. 95-593, eff. 6-1-08.)
 
3    (225 ILCS 105/16)  (from Ch. 111, par. 5016)
4    (Section scheduled to be repealed on January 1, 2012)
5    Sec. 16. Discipline and sanctions.
6    (a) The Department may refuse to issue a permit, or
7license, or registration, refuse to renew, suspend, revoke,
8reprimand, place on probation, or take such other disciplinary
9or non-disciplinary action as the Department may deem proper,
10including the imposition of fines not to exceed $10,000 $5,000
11for each violation, with regard to any permit, license, or
12registration for one or any combination of the following
13reasons:
14        (1) gambling, betting, or wagering on the result of or
15    a contingency connected with a professional or amateur
16    contest, or a combination of both, or permitting such
17    activity to take place;
18        (2) participating in or permitting a sham or fake
19    professional or amateur contest, or a combination of both;
20        (3) holding the professional or amateur contest, or a
21    combination of both, at any other time or place than is
22    stated on the permit application;
23        (4) permitting any professional or amateur contestant
24    other than those stated on the permit application to
25    participate in a professional or amateur contest, or a

 

 

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1    combination of both, except as provided in Section 9;
2        (5) violation or aiding in the violation of any of the
3    provisions of this Act or any rules or regulations
4    promulgated thereto;
5        (6) violation of any federal, State or local laws of
6    the United States or other jurisdiction governing
7    professional or amateur contests or any regulation
8    promulgated pursuant thereto;
9        (7) charging a greater rate or rates of admission than
10    is specified on the permit application;
11        (8) failure to obtain all the necessary permits,
12    registrations, or licenses as required under this Act;
13        (9) failure to file the necessary bond or to pay the
14    gross receipts tax as required by this Act;
15        (10) engaging in dishonorable, unethical or
16    unprofessional conduct of a character likely to deceive,
17    defraud or harm the public, or which is detrimental to
18    honestly conducted contests;
19        (11) employment of fraud, deception or any unlawful
20    means in applying for or securing a permit or license under
21    this Act;
22        (12) permitting a physician making the physical
23    examination to knowingly certify falsely to the physical
24    condition of a professional or amateur contestant;
25        (13) permitting professional or amateur contestants of
26    widely disparate weights or abilities to engage in

 

 

09700HB1490ham002- 30 -LRB097 09990 CEL 54464 a

1    professional or amateur contests, respectively;
2        (14) participating in a professional contest as a
3    professional contestant while under medical suspension in
4    this State or in any other state, territory or country;
5        (15) physical illness, including, but not limited to,
6    deterioration through the aging process, or loss of motor
7    skills which results in the inability to participate in
8    contests with reasonable judgment, skill, or safety;
9        (16) allowing one's license or permit issued under this
10    Act to be used by another person;
11        (17) failing, within a reasonable time, to provide any
12    information requested by the Department as a result of a
13    formal or informal complaint;
14        (18) professional incompetence;
15        (19) failure to file a return, or to pay the tax,
16    penalty or interest shown in a filed return, or to pay any
17    final assessment of tax, penalty or interest, as required
18    by any tax Act administered by the Illinois Department of
19    Revenue, until such time as the requirements of any such
20    tax Act are satisfied;
21        (20) (blank);
22        (21) habitual or excessive use or addiction to alcohol,
23    narcotics, stimulants, or any other chemical agent or drug
24    that results in an inability to participate in an event; or
25        (22) failure to stop a professional or amateur contest,
26    or a combination of both, when requested to do so by the

 

 

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1    Department; .
2        (23) failure of a promoter to adequately supervise and
3    enforce this Act and its rules as applicable to amateur
4    contests, as set forth in rule; or
5        (24) a finding by the Department that the licensee,
6    after having his or her license placed on probationary
7    status, has violated the terms of probation.
8    (b) The determination by a circuit court that a licensee is
9subject to involuntary admission or judicial admission as
10provided in the Mental Health and Developmental Disabilities
11Code operates as an automatic suspension. The suspension will
12end only upon a finding by a court that the licensee is no
13longer subject to involuntary admission or judicial admission,
14issuance of an order so finding and discharging the licensee,
15and upon the recommendation of the Board to the Director that
16the licensee be allowed to resume his or her practice.
17    (c) In enforcing this Section, the Department Board, upon a
18showing of a possible violation, may compel any individual
19licensed to practice under this Act, or who has applied for
20licensure pursuant to this Act, to submit to a mental or
21physical examination, or both, as required by and at the
22expense of the Department. The examining physicians or clinical
23psychologists shall be those specifically designated by the
24Department Board. The Board or the Department may order the
25examining physician or clinical psychologist to present
26testimony concerning this mental or physical examination of the

 

 

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1licensee or applicant. No information shall be excluded by
2reason of any common law or statutory privilege relating to
3communications between the licensee or applicant and the
4examining physician or clinical psychologist. Eye examinations
5may be provided by a licensed and certified therapeutic
6optometrist. The individual to be examined may have, at his or
7her own expense, another physician of his or her choice present
8during all aspects of the examination. Failure of any
9individual to submit to a mental or physical examination, when
10directed, shall be grounds for suspension of a license until
11such time as the individual submits to the examination if the
12Board finds, after notice and hearing, that the refusal to
13submit to the examination was without reasonable cause.
14    (d) If the Board finds an individual unable to practice
15because of the reasons set forth in this Section, the Board
16shall require the individual to submit to care, counseling, or
17treatment by physicians or clinical psychologists approved or
18designated by the Board, as a condition, term, or restriction
19for continued, reinstated, or renewed licensure, or in lieu of
20care, counseling, or treatment, the Board may recommend to the
21Department to file a complaint to immediately suspend, revoke,
22or otherwise discipline the license of the individual. Any
23individual whose license was granted pursuant to this Act, or
24continued, reinstated, renewed, disciplined, or supervised,
25subject to such conditions, terms, or restrictions, who shall
26fail to comply with such conditions, terms, or restrictions,

 

 

09700HB1490ham002- 33 -LRB097 09990 CEL 54464 a

1shall be referred to the Director for a determination as to
2whether the individual shall have his or her license suspended
3immediately, pending a hearing by the Board.
4(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
5    (225 ILCS 105/17.7)
6    (Section scheduled to be repealed on January 1, 2012)
7    Sec. 17.7. Restoration of license from discipline
8suspended or revoked license. At any time after the successful
9completion of a term of indefinite probation, suspension, or
10revocation of a license, the Department may restore the license
11to the licensee, unless after an investigation and hearing the
12Secretary determines that restoration is not in the public
13interest. No person or entity whose license, certificate, or
14authority has been revoked as authorized in this Act may apply
15for restoration of that license, certification, or authority
16until such time as provided for in the Civil Administrative
17Code of Illinois. At any time after the suspension or
18revocation of a license, the Department may restore it to the
19licensee upon the written recommendation of the Board, unless
20after an investigation and a hearing the Board determines that
21restoration is not in the public interest.
22(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
23    (225 ILCS 105/17.9)
24    (Section scheduled to be repealed on January 1, 2012)

 

 

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1    Sec. 17.9. Summary suspension of a license or registration.
2The Secretary Director may summarily suspend a license or
3registration without a hearing if the Secretary Director finds
4that evidence in the Secretary's Director's possession
5indicates that the continuation of practice would constitute an
6imminent danger to the public, participants, including any
7professional contest officials, or the individual involved or
8cause harm to the profession. If the Secretary Director
9summarily suspends the license without a hearing, a hearing
10must be commenced within 30 days after the suspension has
11occurred and concluded as expeditiously as practical.
12(Source: P.A. 95-593, eff. 6-1-08.)
 
13    (225 ILCS 105/17.10)
14    (Section scheduled to be repealed on January 1, 2012)
15    Sec. 17.10. Administrative review; venue.
16    (a) All final administrative decisions of the Department
17are subject to judicial review under the Administrative Review
18Law and its rules. The term "administrative decision" is
19defined as in Section 3-101 of the Code of Civil Procedure.
20    (b) Proceedings for judicial review shall be commenced in
21the circuit court of the county in which the party applying for
22relief review resides, but if the party is not a resident of
23Illinois, the venue shall be in Sangamon County.
24    (c) The Department shall not be required to certify any
25record to the court or file any answer in court or otherwise

 

 

09700HB1490ham002- 35 -LRB097 09990 CEL 54464 a

1appear in any court in a judicial review proceeding, unless and
2until the Department has received from the plaintiff payment of
3the costs of furnishing and certifying the record, which costs
4shall be determined by the Department. Failure on the part of
5the plaintiff to file a receipt in court shall be grounds for
6dismissal of the action.
7(Source: P.A. 91-408, eff. 1-1-00.)
 
8    (225 ILCS 105/18)  (from Ch. 111, par. 5018)
9    (Section scheduled to be repealed on January 1, 2012)
10    Sec. 18. Investigations; notice and hearing. The
11Department may investigate the actions of any applicant or of
12any person or persons promoting or participating in a
13professional or amateur contest or any person holding or
14claiming to hold a license. The Department shall, before
15revoking, suspending, placing on probation, reprimanding, or
16taking any other disciplinary action under this Act, at least
1730 days before the date set for the hearing, (i) notify the
18accused in writing of the charges made and the time and place
19for the hearing on the charges, (ii) direct him or her to file
20a written answer to the charges with the Department Board under
21oath within 20 days after the service on him or her of the
22notice, and (iii) inform the accused that, if he or she fails
23to answer, default will be taken against him or her or that his
24or her license may be suspended, revoked, or placed on
25probationary status or that other disciplinary action may be

 

 

09700HB1490ham002- 36 -LRB097 09990 CEL 54464 a

1taken with regard to the license, including limiting the scope,
2nature, or extent of his or her practice, as the Department may
3consider proper. At the time and place fixed in the notice, the
4hearing officer Board shall proceed to hear the charges, and
5the parties or their counsel shall be accorded ample
6opportunity to present any pertinent statements, testimony,
7evidence, and arguments. The hearing officer Board may continue
8the hearing from time to time. In case the person, after
9receiving the notice, fails to file an answer, his or her
10license may, in the discretion of the Department, be suspended,
11revoked, or placed on probationary status or the Department may
12take whatever disciplinary action considered proper, including
13limiting the scope, nature, or extent of the person's practice
14or the imposition of a fine, without a hearing, if the act or
15acts charged constitute sufficient grounds for that action
16under this Act. The written notice may be served by personal
17delivery or by certified mail to the person's address of record
18specified by the accused in his or her last notification with
19the Department.
20(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
21    (225 ILCS 105/19)  (from Ch. 111, par. 5019)
22    (Section scheduled to be repealed on January 1, 2012)
23    Sec. 19. Findings and recommendations. At the conclusion of
24the hearing, the hearing officer Board shall present to the
25Secretary Director a written report of its findings,

 

 

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1conclusions of law, and recommendations. The report shall
2contain a finding of whether the accused person violated this
3Act or its rules or failed to comply with the conditions
4required in this Act or its rules. The hearing officer Board
5shall specify the nature of any violations or failure to comply
6and shall make its recommendations to the Secretary Director.
7In making recommendations for any disciplinary actions, the
8hearing officer Board may take into consideration all facts and
9circumstances bearing upon the reasonableness of the conduct of
10the accused and the potential for future harm to the public
11including, but not limited to, previous discipline of the
12accused by the Department, intent, degree of harm to the public
13and likelihood of harm in the future, any restitution made by
14the accused, and whether the incident or incidents contained in
15the complaint appear to be isolated or represent a continuing
16pattern of conduct. In making its recommendations for
17discipline, the hearing officer Board shall endeavor to ensure
18that the severity of the discipline recommended is reasonably
19related to the severity of the violation.
20    The report of findings of fact, conclusions of law, and
21recommendation of the hearing officer Board shall be the basis
22for the Department's order refusing to issue, restore, or renew
23a license, or otherwise disciplining a licensee. If the
24Secretary Director disagrees with the recommendations of the
25hearing officer Board, the Secretary Director may issue an
26order in contravention of the hearing officer's Board

 

 

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1recommendations. The Director shall provide a written report to
2the Board on any disagreement and shall specify the reasons for
3the action in the final order. The finding is not admissible in
4evidence against the person in a criminal prosecution brought
5for a violation of this Act, but the hearing and finding are
6not a bar to a criminal prosecution brought for a violation of
7this Act.
8(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
9    (225 ILCS 105/19.1)  (from Ch. 111, par. 5019.1)
10    (Section scheduled to be repealed on January 1, 2012)
11    Sec. 19.1. Appointment of a hearing officer. The Secretary
12Director has the authority to appoint any attorney duly
13licensed to practice law in the State of Illinois to serve as
14the hearing officer in any action for refusal to issue,
15restore, or renew a license or discipline of a licensee. The
16hearing officer has full authority to conduct the hearing. The
17hearing officer shall report his or her findings of fact,
18conclusions of law, and recommendations to the Board and the
19Secretary Director. The Board shall have 60 days from receipt
20of the report to review the report of the hearing officer and
21present its findings of fact, conclusions of law and
22recommendations to the Director. If the Board fails to present
23its report within the 60 day period, the Director may issue an
24order based on the report of the hearing officer. If the
25Secretary Director determines that the hearing officer's

 

 

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1Board's report is contrary to the manifest weight of the
2evidence, he may issue an order in contravention of the
3recommendation. The Director shall promptly provide a written
4report of the Board on any deviation and shall specify the
5reasons for the action in the final order.
6(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
7    (225 ILCS 105/19.2)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 19.2. Subpoenas; depositions; oaths. The Department
10has the power to subpoena documents, books, records, or other
11materials and to bring before it any person and to take
12testimony either orally or by deposition, or both, with the
13same fees and mileage and in the same manner as prescribed in
14civil cases in the courts of this State.
15    The Secretary Director, the designated hearing officer,
16and every member of the Department Board has the power to
17administer oaths to witnesses at any hearing that the
18Department is authorized to conduct and any other oaths
19authorized in any Act administered by the Department.
20(Source: P.A. 91-408, eff. 1-1-00.)
 
21    (225 ILCS 105/19.5)
22    (Section scheduled to be repealed on January 1, 2012)
23    Sec. 19.5. Order or certified copy; prima facie proof. An
24order or certified copy thereof, over the seal of the

 

 

09700HB1490ham002- 40 -LRB097 09990 CEL 54464 a

1Department and purporting to be signed by the Secretary
2Director, is prima facie proof that:
3        (1) the signature is the genuine signature of the
4    Secretary Director; and
5        (2) the Secretary Director is duly appointed and
6    qualified. ; and
7        (3) the Board and its members are qualified to act.
8(Source: P.A. 91-408, eff. 1-1-00.)
 
9    (225 ILCS 105/20)  (from Ch. 111, par. 5020)
10    (Section scheduled to be repealed on January 1, 2012)
11    Sec. 20. Stenographer; transcript. The Department, at its
12expense, shall provide a stenographer to take down the
13testimony and preserve a record of all proceedings at the
14hearing of any case wherein a license or permit is subjected to
15disciplinary action. The notice of hearing, complaint and all
16other documents in the nature of pleadings and written motions
17filed in the proceedings, the transcript of testimony, the
18report of the hearing officer board and the orders of the
19Department shall be the record of the proceedings. The
20Department shall furnish a transcript of the record to any
21person interested in the hearing upon payment of the fee
22required under Section 2105-115 of the Department of
23Professional Regulation Law (20 ILCS 2105/2105-115).
24(Source: P.A. 91-239, eff. 1-1-00.)
 

 

 

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1    (225 ILCS 105/24.5 new)
2    Sec. 24.5. Confidentiality. All information collected by
3the Department in the course of an examination or investigation
4of a licensee, registrant, or applicant, including, but not
5limited to, any complaint against a licensee or registrant
6filed with the Department and information collected to
7investigate any such complaint, shall be maintained for the
8confidential use of the Department and shall not be disclosed.
9The Department may not disclose such information to anyone
10other than law enforcement officials, other regulatory
11agencies that have an appropriate regulatory interest as
12determined by the Secretary, or a party presenting a lawful
13subpoena to the Department. Information and documents
14disclosed to a federal, State, county, or local law enforcement
15agency shall not be disclosed by the agency for any purpose to
16any other agency or person. A formal complaint filed against a
17licensee or registrant by the Department or any order issued by
18the Department against a licensee, registrant, or applicant
19shall be a public record, except as otherwise prohibited by
20law.
 
21    (225 ILCS 105/25.1)
22    (Section scheduled to be repealed on January 1, 2012)
23    Sec. 25.1. Medical Suspension. A licensee or registrant who
24is determined by the examining physician to be unfit to compete
25or officiate shall be immediately suspended until it is shown

 

 

09700HB1490ham002- 42 -LRB097 09990 CEL 54464 a

1that he or she is fit for further competition or officiating.
2If the licensee or registrant disagrees with a medical
3suspension set at the discretion of the ringside physician, he
4or she may request a hearing to show proof of fitness. The
5hearing shall be provided at the earliest opportunity after the
6Department receives a written request from the licensee.
7    If the referee has rendered a decision of technical
8knockout against a professional or amateur contestant or if the
9professional or amateur contestant is knocked out other than by
10a blow to the head, the professional or amateur contestant
11shall be immediately suspended for a period of not less than 30
12days. In a full-contact martial arts contest, if the
13professional or amateur contestant has tapped out or has
14submitted, the referee shall stop the professional or amateur
15contest and the ringside physician shall determine the length
16of suspension.
17    If the professional or amateur contestant has been knocked
18out by a blow to the head, he or she shall be suspended
19immediately for a period of not less than 45 days.
20    Prior to reinstatement, any professional or amateur
21contestant suspended for his or her medical protection shall
22satisfactorily pass a medical examination upon the direction of
23the Department. The examining physician may require any
24necessary medical procedures during the examination.
25(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 

 

 

09700HB1490ham002- 43 -LRB097 09990 CEL 54464 a

1    Section 15. The Unified Code of Corrections is amended by
2changing Section 5-5-5 as follows:
 
3    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
4    Sec. 5-5-5. Loss and Restoration of Rights.
5    (a) Conviction and disposition shall not entail the loss by
6the defendant of any civil rights, except under this Section
7and Sections 29-6 and 29-10 of The Election Code, as now or
8hereafter amended.
9    (b) A person convicted of a felony shall be ineligible to
10hold an office created by the Constitution of this State until
11the completion of his sentence.
12    (c) A person sentenced to imprisonment shall lose his right
13to vote until released from imprisonment.
14    (d) On completion of sentence of imprisonment or upon
15discharge from probation, conditional discharge or periodic
16imprisonment, or at any time thereafter, all license rights and
17privileges granted under the authority of this State which have
18been revoked or suspended because of conviction of an offense
19shall be restored unless the authority having jurisdiction of
20such license rights finds after investigation and hearing that
21restoration is not in the public interest. This paragraph (d)
22shall not apply to the suspension or revocation of a license to
23operate a motor vehicle under the Illinois Vehicle Code.
24    (e) Upon a person's discharge from incarceration or parole,
25or upon a person's discharge from probation or at any time

 

 

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1thereafter, the committing court may enter an order certifying
2that the sentence has been satisfactorily completed when the
3court believes it would assist in the rehabilitation of the
4person and be consistent with the public welfare. Such order
5may be entered upon the motion of the defendant or the State or
6upon the court's own motion.
7    (f) Upon entry of the order, the court shall issue to the
8person in whose favor the order has been entered a certificate
9stating that his behavior after conviction has warranted the
10issuance of the order.
11    (g) This Section shall not affect the right of a defendant
12to collaterally attack his conviction or to rely on it in bar
13of subsequent proceedings for the same offense.
14    (h) No application for any license specified in subsection
15(i) of this Section granted under the authority of this State
16shall be denied by reason of an eligible offender who has
17obtained a certificate of relief from disabilities, as defined
18in Article 5.5 of this Chapter, having been previously
19convicted of one or more criminal offenses, or by reason of a
20finding of lack of "good moral character" when the finding is
21based upon the fact that the applicant has previously been
22convicted of one or more criminal offenses, unless:
23        (1) there is a direct relationship between one or more
24    of the previous criminal offenses and the specific license
25    sought; or
26        (2) the issuance of the license would involve an

 

 

09700HB1490ham002- 45 -LRB097 09990 CEL 54464 a

1    unreasonable risk to property or to the safety or welfare
2    of specific individuals or the general public.
3    In making such a determination, the licensing agency shall
4consider the following factors:
5        (1) the public policy of this State, as expressed in
6    Article 5.5 of this Chapter, to encourage the licensure and
7    employment of persons previously convicted of one or more
8    criminal offenses;
9        (2) the specific duties and responsibilities
10    necessarily related to the license being sought;
11        (3) the bearing, if any, the criminal offenses or
12    offenses for which the person was previously convicted will
13    have on his or her fitness or ability to perform one or
14    more such duties and responsibilities;
15        (4) the time which has elapsed since the occurrence of
16    the criminal offense or offenses;
17        (5) the age of the person at the time of occurrence of
18    the criminal offense or offenses;
19        (6) the seriousness of the offense or offenses;
20        (7) any information produced by the person or produced
21    on his or her behalf in regard to his or her rehabilitation
22    and good conduct, including a certificate of relief from
23    disabilities issued to the applicant, which certificate
24    shall create a presumption of rehabilitation in regard to
25    the offense or offenses specified in the certificate; and
26        (8) the legitimate interest of the licensing agency in

 

 

09700HB1490ham002- 46 -LRB097 09990 CEL 54464 a

1    protecting property, and the safety and welfare of specific
2    individuals or the general public.
3    (i) A certificate of relief from disabilities shall be
4issued only for a license or certification issued under the
5following Acts:
6        (1) the Animal Welfare Act; except that a certificate
7    of relief from disabilities may not be granted to provide
8    for the issuance or restoration of a license under the
9    Animal Welfare Act for any person convicted of violating
10    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
11    Care for Animals Act or Section 26-5 of the Criminal Code
12    of 1961;
13        (2) the Illinois Athletic Trainers Practice Act;
14        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
15    and Nail Technology Act of 1985;
16        (4) the Boiler and Pressure Vessel Repairer Regulation
17    Act;
18        (5) the Professional Boxing and Full-contact Martials
19    Arts Act ;
20        (6) the Illinois Certified Shorthand Reporters Act of
21    1984;
22        (7) the Illinois Farm Labor Contractor Certification
23    Act;
24        (8) the Interior Design Title Act;
25        (9) the Illinois Professional Land Surveyor Act of
26    1989;

 

 

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1        (10) the Illinois Landscape Architecture Act of 1989;
2        (11) the Marriage and Family Therapy Licensing Act;
3        (12) the Private Employment Agency Act;
4        (13) the Professional Counselor and Clinical
5    Professional Counselor Licensing Act;
6        (14) the Real Estate License Act of 2000;
7        (15) the Illinois Roofing Industry Licensing Act;
8        (16) the Professional Engineering Practice Act of
9    1989;
10        (17) the Water Well and Pump Installation Contractor's
11    License Act;
12        (18) the Electrologist Licensing Act;
13        (19) the Auction License Act;
14        (20) Illinois Architecture Practice Act of 1989;
15        (21) the Dietetic and Nutrition Services Practice Act;
16        (22) the Environmental Health Practitioner Licensing
17    Act;
18        (23) the Funeral Directors and Embalmers Licensing
19    Code;
20        (24) the Land Sales Registration Act of 1999;
21        (25) the Professional Geologist Licensing Act;
22        (26) the Illinois Public Accounting Act; and
23        (27) the Structural Engineering Practice Act of 1989.
24(Source: P.A. 96-1246, eff. 1-1-11.)
 
25    (225 ILCS 105/25 rep.)

 

 

09700HB1490ham002- 48 -LRB097 09990 CEL 54464 a

1    Section 20. The Professional Boxing Act is amended by
2repealing Section 25.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".