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91_HB0245enr HB0245 Enrolled LRB9101561ACtm 1 AN ACT to amend the Professional Boxing and Wrestling 2 Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Professional Boxing and Wrestling Act is 6 amended by changing Sections 1, 2, 6, 7.5, 8, 10, 10.5, 11, 7 12, 13, 14, 15, 16, 18, 19, 19.1, 21, and 23 and adding 8 Sections 0.05, 17.7, 17.8, 17.9, 17.10, 17.11, 17.12, 19.2, 9 19.3, 19.4, 19.5, and 25.1 as follows: 10 (225 ILCS 105/0.05 new) 11 Sec. 0.05. Declaration of public policy. Professional 12 boxing and wrestling in the State of Illinois is hereby 13 declared to affect the public health, safety, and welfare and 14 to be subject to regulation and control in the public 15 interest. It is further declared to be a matter of public 16 interest and concern that boxing and wrestling, as defined in 17 this Act, merit and receive the confidence of the public and 18 that only qualified persons be authorized to participate in 19 boxing contests and wrestling exhibitions in the State of 20 Illinois. This Act shall be liberally construed to best carry 21 out these objects and purposes. 22 (225 ILCS 105/1) (from Ch. 111, par. 5001) 23 Sec. 1. Short title and definitions. 24 (a) This Actshall be known andmay be cited as the 25"Professional Boxing and Wrestling Act". 26 (b) As used in this Act: 27 1. "Department" means the Department of 28 Professional Regulation. 29 2. "Director" means the Director of Professional 30 Regulation. HB0245 Enrolled -2- LRB9101561ACtm 1 3. "Board" means the State Boxing and Wrestling 2 Board appointed by the Director. 3 4. "License" means the license issued for boxing 4 promoters, contestants, or officials in accordance with 5 this Act. 6 5. "Registration" means the registration issued to 7 wrestling promoters in accordance with this Act. 8 6. "Boxing Contests" include professional boxingor9sparringmatches and, events,exhibitions, or cards. 10 7. "Wrestling Exhibitions" include professional 11 wrestling contests, matches, events, and shows. 12 8. "Athletic Events" include both professional 13 boxing contests and professional wrestling exhibitions. 14 9. "Permit" means the authorization from the 15 Department to a promoter to conduct professional boxing 16 contests or professional wrestling exhibitions. 17 10. "Promoter" means a person who is licensed or 18 registered and who holds a permit to conduct professional 19 boxing matches or professional wrestling exhibitions. 20 11. Unless the context indicates otherwise, 21 "person" includes an association, partnership, 22 corporation, gymnasium, or club. 23 12. For the purposes of this Act the term "trainer" 24 includes what is commonly referred to as "second", 25 "corner man", or "coach". 26 13. "Ultimate fighting exhibition" has the meaning 27 given by rule adopted by the Department in accordance 28 with Section 7.5. 29 14. "Professional boxer" means a person licensed by 30 the Department who competes for a money prize, purse, or 31 other type of compensation in a boxing contest, 32 exhibition, or match held in Illinois. 33 15. "Judge" means a person licensed by the 34 Department who is at ringside during a boxing match and HB0245 Enrolled -3- LRB9101561ACtm 1 who has the responsibility of scoring the performance of 2 the participants in the contest. 3 16. "Referee" means a person licensed by the 4 Department who has the general supervision of a boxing 5 contest and is present inside of the ring during the 6 contest. 7 17. "Amateur" means a person who has never received 8 or competed for any purse or other article of value, 9 either for participating in any boxing contest or for the 10 expenses of training therefor, other than a prize that 11 does not exceed $50 in value. 12 18. "Contestant" means an individual who 13 participates in a boxing contest or wrestling exhibition. 14 19. "Second" means a person licensed by the 15 Department who is present at any boxing contest to 16 provide assistance or advice to a boxer during the 17 contest. 18 20. "Matchmaker" means a person licensed by the 19 Department who brings together professional boxers or 20 procures matches for professional boxers. 21 21. "Manager" means a person licensed by the 22 Department who is not a promoter and who, under contract, 23 agreement, or other arrangement with any boxer, 24 undertakes to, directly or indirectly, control or 25 administer the boxing affairs of boxers. 26 22. "Timekeeper" means a person licensed by the 27 Department who is the official timer of the length of 28 rounds and the intervals between the rounds. 29 23. "Purse" means the financial guarantee or any 30 other remuneration for which contestants are 31 participating in a boxing contest. 32 24. "Physician" means a person licensed to practice 33 medicine in all its branches under the Medical Practice 34 Act of 1987. HB0245 Enrolled -4- LRB9101561ACtm 1 (Source: P.A. 89-578, eff. 7-30-96.) 2 (225 ILCS 105/2) (from Ch. 111, par. 5002) 3 Sec. 2. State Boxing and Wrestling Board. There is 4 created the State Boxing and Wrestling Board consisting of 6 55persons who shall be appointed by and shall serve in an 6 advisory capacity to the Director. OneThereshallalsobe a 7 physician licensed to practice medicine in all of its 8 branches.who shall act as a consultant to the board as9needed. Upon the expiration of the terms of the board10members appointed before or after the effective date of this11Act,The Director shall appointtheir successors,each member 12 to serve for a term of 3 yearsfrom and after the 3rd Monday13in January of the year in which the antecedent term expires14 andall to serveuntil his or her successor istheir15successors areappointed and qualified. One member of the 16 board shall be designated as the Chairperson and one member 17 shall be designated as the Vice-chairpersonChairman. No 18 member shall be appointed to the Board for a term which would 19 cause continuous service to be more than 9 years. Service 20 prior to the effective date of this amendatory Act of the 21 91st General Assembly shall not be considered in calculating 22 length of service on the Board. Each member of the board 23 shall receive compensation$75 per dayfor each day he or she 24 is engaged in transacting the business of the board and, in 25 addition, shall be reimbursed for his or her authorized and 26 approved expenses necessarily incurred in relation to such 27 service in accordance with the travel regulations applicable 28 to the Department at the time the expenses are incurred. 29 A majority of the current members appointed shall 30 constitute a quorum. 31 The members of the Board shall be immune from suit in any 32 action based upon any disciplinary proceedings or other acts 33 performed in good faith as members of the Board. HB0245 Enrolled -5- LRB9101561ACtm 1 The Director may remove any member of the Board for 2 misconduct, incapacity, or neglect of duty. The Director 3 shall reduce to writing any causes for removal. 4The Director may appoint and at his pleasure remove a5secretary to the Board. It is the duty of the Secretary to6make a full record of all board proceedings, and perform7other duties prescribed by the Director.8 (Source: P.A. 87-1182.) 9 (225 ILCS 105/6) (from Ch. 111, par. 5006) 10 Sec. 6. Prohibitions. All boxing matches, contests, or 11 exhibits in which physical contact is made including, but not 12 limited to, "ultimate fighting exhibitions", are prohibited 13 in Illinois unless authorized by the Department. This 14 provision does not apply to the followingApplicability. The15provisions of this Act do not apply to: 16 (1)1.Boxing contests or wrestling exhibitions 17 conducted by accredited secondary schools, colleges or 18 universities, although a fee may be charged. 19 Institutions organized to furnish instruction in 20 athletics are not included in this exemption. 21 (2)2.Amateur boxing matches sanctioned by the 22 United States Amateur Boxing Federation, Inc. or Golden 23 Gloves of America, amateur wrestling exhibitions, and 24 amateur or professional martial arts or kick boxing;25except that this Act does apply to ultimate fighting26exhibitions. 27 (Source: P.A. 89-578, eff. 7-30-96.) 28 (225 ILCS 105/7.5) 29 Sec. 7.5. Ultimate fighting exhibitions. 30 (a) The General Assembly finds and declares that: 31 (1) The entertainment spectacle commonly known as 32 "ultimate fighting" is a violent exhibition that is HB0245 Enrolled -6- LRB9101561ACtm 1 excessively and unacceptably dangerous to the 2 participants. "Ultimate fighting" includes exhibitions 3 of the same nature even though a different name is 4 applied to this event. 5 (2) Unlike the sports of boxing and wrestling, in 6 which serious or permanent injury is largely preventable 7 and occurs only occasionally as an incidental result of 8 the athletic contest, ultimate fighting is intended by 9 its promoters to produce serious injury in every 10 exhibition and is widely and specifically advertised and 11 promoted as being the most dangerous of all fighting 12 exhibitions. 13 (3) The lack of appropriate restrictions on 14 dangerous blows or life-threatening maneuvers and the 15 matching of participants with incompatible styles of 16 fighting make it difficult or impossible for the State to 17 regulate ultimate fighting in a way that can reasonably 18 protect the safety of the participants. 19 (4) It is therefore an appropriate exercise of the 20 police power of the State and necessary for the public 21 safety and the common good to prohibit ultimate fighting 22 exhibitions in this State. 23 (b) The Department, in consultation with the State 24 Boxing and Wrestling Board, shall adopt rules defining the 25 term "ultimate fighting exhibition" and distinguishing such 26 exhibitions from the legitimate boxing and wrestling contests 27 permitted under this Act and the exhibitions or contests of 28 the martial arts and other sports that are traditionally 29 conducted with respect for the safety and protection of the 30 participants. 31 (c)Beginning on the effective date of the rules to be32adopted under subsection (b) of this Section,No person may 33 hold, promote, or participate in any ultimate fighting 34 exhibition in this State. HB0245 Enrolled -7- LRB9101561ACtm 1 (Source: P.A. 89-578, eff. 7-30-96.) 2 (225 ILCS 105/8) (from Ch. 111, par. 5008) 3 Sec. 8. Permits. 4 (a) A promoter who desires to obtain a permit to conduct 5 an athletic event shall apply to the Department at least 20 610days prior to the event, in writing, on forms furnished by 7 the Department. The application shall beverified under8oath, shall beaccompanied by the required fee and shall 9 contain at least the following information: 10 (1)(a)the names and addresses of the promoter; 11 (2)and all of the officers of any club,12association, partnership or corporation with whom the13promoter is associated, (b) the names of the contestants14and their seconds, (c)the name of thetheirmatchmaker; 15 (3), (d)the time and exact location of the athletic 16 event; 17 (4), (e)the seating capacity of the building where 18 the event is to be held; 19 (5) a copy of the lease or proof of ownership of 20 the building where the event is to be held; 21 (6), (f)the admission charge or charges to be made 22 ;,and 23 (7) proof of adequate security measures and 24 adequate medical supervision, as determined by Department 25 rule, to ensure the protection of the health and safety 26 of the general public while attending athletic events and 27 the contestants' safety while participating in the events 28 and any other information that the Department may 29 determine by rule in order to issue a permit(g) the30amount of compensation or percentage of the gate receipts31to be paid to each participant. 32 (b) After the initial application and within 10 days of 33 a scheduled event, a promoter shall submit to the Department HB0245 Enrolled -8- LRB9101561ACtm 1 all of the following information: 2 (1) The amount of compensation to be paid to each 3 participant. 4 (2) The names of the contestants. 5 (3) Proof of insurance for not less than $10,000 for 6 each contestant participating in a boxing contest or 7 exhibition. 8 Insurance required under this subsection shall cover (i) 9 hospital, medication, physician, and other such expenses as 10 would accrue in the treatment of an injury as a result of the 11 boxing contest or exhibition and (ii) payment to the estate 12 of the contestant in the event of his or her death as a 13 result of his or her participation in the boxing contest or 14 exhibition. 15 (c) All boxing promoters shall provide to the 16 Department, at least 24 hours prior to commencement of the 17 event, the amount of the purse to be paid for the event. The 18 Department shall promulgate rules for payment of the purse. 19 (d) The boxing contest shall be held in an area where 20 adequate neurosurgical facilities are immediately available 21 for skilled emergency treatment of an injured boxer. It is 22 the responsibility of the promoter to ensure that the 23 building to be used for the event complies with all laws, 24 ordinances, and regulations in the city, town, or village 25 where the athletic event is to be held. The Department may 26 issue a permit to any promoter who meets the requirements of 27 this Act and the rules. The permit shall only be issued for a 28 specific date and location of an athletic event and shall not 29 be transferable. In an emergency, the Department may allow a 30 promoter to amend a permit application to hold an athletic 31 event in a different location than the application specifies 32 and may allow the promoter to substitute contestants. 33 (e) The Department shall be responsible for assigning 34 the judge, timekeepers, referees, physician, and medical HB0245 Enrolled -9- LRB9101561ACtm 1 personnel for a boxing contest. It shall be the 2 responsibility of the promoter to cover the cost of the 3 individuals utilized at an athletic event. 4Any person who makes or causes to be made false5statements is guilty of perjury.6 (Source: P.A. 82-522.) 7 (225 ILCS 105/10) (from Ch. 111, par. 5010) 8 Sec. 10. Who must be licensed. In order to participate 9 in boxing contests the following persons must each be 10 licensed and in good standing with the Department: (a) 11 promoters, (b) contestants, (c) seconds, (d) referees, (e) 12 judges, (f) managers, (g) matchmakerstrainers, and (h) 13 timekeepers. 14Matchmakers, physicians andAnnouncers may participate in 15 boxing contests without being licensed under this Act. It 16 shall be the responsibility of the promoter to ensure that 17 announcersthese unlicensed personscomply with the Act, and 18 all rules and regulations promulgated pursuant to this Act 19thereto. 20 A licensed promoter may not act as, and cannot be 21 licensed as, a second, boxer, referee, timekeeper, judge, or 22 manager. If he or she is so licensed, he or she must 23 relinquish any of these licenses to the Department for 24 cancellation. A promoter may be licensed as a matchmaker. 25These persons involved with professional boxing and wrestling26must register with the Department by supplying the Athletic27Section with their name, address, telephone number and social28security number.29 Persons involved with wrestling exhibitions shall supply 30 the Department with their name, address, telephone number, 31 and social security number and shall meet other requirements 32 as established by rule. 33 (Source: P.A. 85-225.) HB0245 Enrolled -10- LRB9101561ACtm 1 (225 ILCS 105/10.5) 2 Sec. 10.5. Unlicensed practice; violation; civil 3 penalty. 4 (a) Any person who practices, offers to practice, 5 attempts to practice, or holds oneself out to practice as a 6 promoter, professional boxer, contestant, second, referee, 7 judge, manager, matchmakertrainer, or timekeeper without 8 being licensed under this Act shall, in addition to any other 9 penalty provided by law, pay a civil penalty to the 10 Department in an amount not to exceed $5,000 for each offense 11 as determined by the Department. The civil penalty shall be 12 assessed by the Department after a hearing is held in 13 accordance with the provisions set forth in this Act 14 regarding the provision of a hearing for the discipline of a 15 licensee. 16 (b) The Department has the authority and power to 17 investigate any and all unlicensed activity. 18 (c) The civil penalty shall be paid within 60 days after 19 the effective date of the order imposing the civil penalty. 20 The order shall constitute a judgment and may be filed and 21 execution had thereon in the same manner as any judgment from 22 any court of record. 23 (Source: P.A. 89-474, eff. 6-18-96.) 24 (225 ILCS 105/11) (from Ch. 111, par. 5011) 25 Sec. 11. Qualifications for license. The Department 26 shall grant licenses to or register the following persons if 27 the 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 the30applicant 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 33 used unless such name is registered with the Department along HB0245 Enrolled -11- LRB9101561ACtm 1 with the applicant's correct name), date and place of birth, 2 place of current residence, and a sworn statement that he is 3 not currently in violation of any federal, State or local 4 laws or rules governing boxing, (4) file a certificate of a 5 physician licensed to practice medicine in all of its 6 branches which attests that the applicant is physically fit 7 and qualified to participate in boxing matches, and (5) pay 8 the required fee and meet any other requirements. Applicants 9 over age 39 who have not competed in a contest within the 10 last 36 months may be required to appear before the Board to 11 determine their fitness to participate in a contest. A 12 picture identification shall be issued to all boxers licensed 13 by the Department. The identification shall be presented to 14 the Department or its representative upon request at 15 weigh-ins or contests. 16 (B) An applicant for licensure as a boxingpromoter,17 referee, judge, manager, second, matchmaker,traineror 18 timekeeper must: (1) be of good moral character, (2) file an 19 application stating the applicant's name, date and place of 20 birth, and place of current residence along with a certifying 21swornstatement that he is not currently in violation of any 22 federal, State, or local laws or rules governing boxing, (3) 23 have had satisfactory experience in his field,and(4) pay 24 the required fee, and (5) meet any other requirements as 25 determined by rule.An applicant for licensure as a referee,26manager or trainer must also file proof that he has27participated in medical seminars pertaining to boxing28contests, the curriculum and number of hours of which the29Department by rule deems sufficient.30 (C) An applicant for licensure as a boxing promoter must: 31 (1) be of good moral character, (2) file an application with 32 the Department stating the applicant's name, date and place 33 of birth, place of current residence along with a certifying 34 statement that he is not currently in violation of any HB0245 Enrolled -12- LRB9101561ACtm 1 federal, State, or local laws or rules governing boxing, (3) 2 provide proof of a surety bond of no less than $5,000 to 3 cover financial obligations pursuant to this Act, payable to 4 the Department and conditioned for the payment of the tax 5 imposed by this Act and compliance with this Act and the 6 rules promulgated pursuant to this Act, (4) provide a 7 financial statement, prepared by a certified public 8 accountant, showing liquid working capital of $10,000 or 9 more, or a $10,000 performance bond guaranteeing payment of 10 all obligations relating to the promotional activities, and 11 (5) pay the required fee and meet any other requirements. 12 (D)(C)An applicant for registration as a wrestling 13 promoter must: (1) be of good moral character, (2) file an 14 application with the Department stating the applicant's name, 15 date and place of birth, and place of current residence along 16 with a certifyingswornstatement that he is not currently in 17 violation of any federal, State, or local laws or rules 18 governing wrestling,and(3) provide a surety bond of no less 19 than $10,000 to cover financial obligations pursuant to this 20 Act, payable to the Department and conditioned for the 21 payment of the tax imposed by this Act and compliance with 22 this Act and the rules promulgated pursuant to this Act, (4) 23 provide a financial statement, prepared by a certified public 24 accountant, showing liquid working capital of $10,000 or 25 more, or a $10,000 performance bond guaranteeing payment of 26 all obligations relating to the promotional activities, and 27 (5) pay the required fee and meet any other requirements. 28 In determining good moral character, the Department may 29 take into consideration any violation of any of the 30 provisions of Section 16 of this Act and any felony 31 conviction of the applicant, but such a conviction shall not 32 operate as a bar to licensure. No license issued under this 33 Act is transferable. 34 The Department may issue temporary licenses and HB0245 Enrolled -13- LRB9101561ACtm 1 registrations as provided by rule. 2 (Source: P.A. 90-655, eff. 7-30-98.) 3 (225 ILCS 105/12) (from Ch. 111, par. 5012) 4 Sec. 12. Boxing contests. Each boxing contestant shall 5 be examined before entering the ring and immediately after 6 each contest by a physician licensed to practice medicine in 7 all of its branches. The physician shall determine, prior to 8 the contest, if each contestant is physically fit to engage 9 in the contest. After the contest the physician shall examine 10 the contestant to determine possible injury. If the 11 contestant's physical condition so indicates, the physician 12 shall recommend to the Department immediate medical 13 suspension. The physician may, at any time during the 14 contest, stop the contest to examine a boxer, and terminate 15 the contest when, in the physician's opinion, continuing the 16 contest could result in serious injury to the boxer. The 17 physician shall certify to the condition of the contestant in 18 writing, over his signature on blank forms provided by the 19 Department. Such reports shall be submitted to the Department 20 in a timely manner. The physician shall be paid by the 21 promoter a fee fixed by the Department. No boxing contest 22 shall be held unless a physician licensed to practice 23 medicine in all of its branches is in attendance. 24 No contest shall be allowed to begin unless at least one 25 physician and 2 trained paramedics or 2 nurses who are 26 trained to administer emergency medical care are present 27adequate medical supervision, as set forth in subsection (3)28of Section 9, has been provided. 29 No contest shall be more than 1215rounds in length. The 30 rounds shall not be more than 3 minutes each with a one 31 minute interval between them, and no boxer shall be allowed 32 to participate in more than 1215rounds within 72 33 consecutive hours. At each boxing contest there shall be a HB0245 Enrolled -14- LRB9101561ACtm 1 referee in attendance who shall direct and control the 2 contest. The referee, before each contest, shall learn the 3 name of the contestant's chief second and shall hold the 4 chief second responsible for the conduct of his assistant 5 during the progress of the match. 6 There shall be 2 judges in attendance who shall render a 7 decision at the end of each match. The decision of the 8 judges, taken together with the decision of the referee, is 9 final; or, 3 judges shall score the match with the referee 10 not scoring. The method of scoring shall be set forth in 11 rulesis to be determined by the Secretary of the Board or12the Supervisor of the Board. 13During each boxing contest each contestant shall wear14gloves weighing not less than 6 ounces.15 Judges,orreferees, or timekeepers for contests shall be 16 assigned by the DepartmentDirector or his designee. The 17referee, the Director, the board or any inspector appointed18by theDepartment or its representative shall have discretion 19 to declare a price, remuneration, or purse or any part of it 20 belonging to the contestant withheld if in thetheirjudgment 21 of the Department or its representative the contestant is not 22 honestly competing. The Department shall have the authority 23 to prevent a contest or exhibition from being held and shall 24 have the authority to stop a fight for noncompliance with any 25 part of this Act or rules or when, in the judgment of the 26 Department, or its representative, continuation of the event 27 would endanger the health, safety, and welfare of the 28 contestants or spectators. 29 (Source: P.A. 85-225.) 30 (225 ILCS 105/13) (from Ch. 111, par. 5013) 31 Sec. 13. Tickets; tax. Tickets to athletic events, 32 other than an athletic event conducted at premises with an 33 indoor seating capacity of more than 17,000, shall be printed HB0245 Enrolled -15- LRB9101561ACtm 1 in such form as the Department shall prescribe. A certified 2sworninventory of all tickets printed for any event shall be 3 mailed to the Department by the promoterprinternot less 4 than 7 days before the event, and a sworn inventory of all5tickets printed for any event shall be sent to the Department6by the promoter within 24 hours after receipt of delivery7from the printer. The total number of tickets printed shall 8 not exceed the total seating capacity of the premises in 9 which the event is to be held. No tickets of admission to any 10 event, other than an athletic event conducted at premises 11 with an indoor seating capacity of more than 17,000, shall be 12 sold except those declared on an official ticket inventory as 13 described in this Section. 14 A promoter who conducts an athletic event under this Act, 15 other than an athletic event conducted at premises with an 16 indoor seating capacity of more than 17,000, shall, within 24 17 hours after such event: (1) furnish to the Department a 18 written report verified by the promoter or his authorized 19 designee showing the number of tickets sold for the contest 20 or the actual ticket stubs and the amount of the gross 21 proceeds thereof; and (2) pay to the DepartmentState22Treasurera tax of 10% of the first $500,000 of gross 23 receipts from the sale of admission tickets, to be placed in 24 the General Revenue Fund.Also, every person, showing or25holding any boxing match or wrestling exhibition on a closed26circuit telecast viewed in this State, whether originating27within this State, or another state or country, where28admission is charged, shall register with the Department and29pay a $400 fee each year of registration. Registrant shall30be entitled to show unlimited closed circuit events during31the year the registration is valid. A $25 fee shall be paid32for each event at each location where the boxing contest or33wrestling exhibition is shown by a licensed Illinois34promoter. The Department shall prescribe rules for theHB0245 Enrolled -16- LRB9101561ACtm 1implementation of this registration. These closed circuit TV2fees shall be paid to the Department of Professional3Regulation.4 (Source: P.A. 90-580, eff. 5-21-98.) 5 (225 ILCS 105/14) (from Ch. 111, par. 5014) 6 Sec. 14. Failure to report ticket sales and tax. If the 7 permit holder fails to make a report as required by Section 8 13, or if such report is unsatisfactory, the DepartmentState9Treasurermay examine or cause to be examined the books and 10 records of any such holder or his associates or any other 11 person as a witness under oath to determine the total amount 12 of tax due under this Act. 13 If it is determined that there has been a default in the 14 payment of a tax, the promoter shall be given 20 days notice 15 of the amount due which shall include the expenses incurred 16 in making the examination. 17 If the promoter does not pay the amount due he shall be 18 disqualified from obtaining a permit under this Act and the 19 Attorney General shall institute suit upon the bond filed 20 pursuant to this Act to recover the tax or penalties imposed 21 by this Act. 22 (Source: P.A. 82-522.) 23 (225 ILCS 105/15) (from Ch. 111, par. 5015) 24 Sec. 15. Inspectors. The Director may appoint inspectors 25 to assist the Department staff in the administration of the 26 Act. Such inspectors shall receive compensation$75for each 27 day they are engaged in the transacting of business of the 28 Department. Each inspector shall carry a card issued by the 29 Department to authorize him to act in such capacity. The 30 inspector or inspectors shall supervise each event to ensure 31 that the provisions of the Act are strictly enforced. The 32 inspectors shall also be present at the counting of the gross HB0245 Enrolled -17- LRB9101561ACtm 1 receipts and shall immediately deliver to the Department the 2 official box office statement as required by Section 13. 3 (Source: P.A. 87-1182.) 4 (225 ILCS 105/16) (from Ch. 111, par. 5016) 5 Sec. 16. Discipline and sanctions. 6 (a) The Department may refuse to issue a permit, 7 registration, or license, refuse to renew, suspend, revoke, 8 reprimand, place on probation, or take such other 9 disciplinary action as the Department may deem proper, 10 including the imposition of fines not to exceed $5,000$1,00011for each violation, with regard to any license or 12 registrationpermit holderfor any one or combination of the 13 following reasons: 14 (1)1.gambling, betting or wagering on the result 15 of or a contingency connected with an athletic event or 16 permitting such activity to take place; 17 (2)2.participating in or permitting a sham or 18 fake boxing contestmatch; 19 (3)3.holding the athletic event at any other time 20 or place than is stated on the permit application; 21 (4)4.permitting any contestantor refereesother 22 than those stated on the permit application to 23 participate in an athletic event, except as provided in 24 Section 9; 25 (5)5.violation or aiding in the violation of any 26 of the provisions of this Act or any rules or regulations 27 promulgated thereto; 28 (6)6.violation of any federal, State or local 29 laws of the United States or other jurisdiction governing 30 athletic events or any regulation promulgated pursuant 31 thereto; 32 (7)7.charging a greater rate or rates of 33 admission than is specified on the permit application; HB0245 Enrolled -18- LRB9101561ACtm 1 (8)8.failure to obtain all the necessary permits, 2 registrations, or licenses as required under this Act; 3 (9)9.failure to file the necessary bond or to pay 4 the gross receipts tax as required by this Act; 5 (10)10.engaging in dishonorable, unethical or 6 unprofessional conduct of a character likely to deceive, 7 defraud or harm the public, or which is detrimental to 8 honestly conducted athletic events; 9 (11)11.employment of fraud, deception or any 10 unlawful means in applying for or securing a permit, 11 license, or registration under this Act; 12 (12)12.permitting a physician making the physical 13 examination to knowingly certify falsely to the physical 14 condition of a contestant; 15 (13)13.permitting contestants of widely disparate 16 weights or abilities to engage in athletic events; 17 (14)14.boxing while under medical suspension in 18 this State or in any other state, territory or country; 19 (15)15.physical illness, including, but not 20 limited to, deterioration through the aging process, or 21 loss of motor skills which results in the inability to 22 participate in athletic events with reasonable judgment, 23 skill, or safety; 24 (16)16.allowing one's license, permit, or 25 registration issued under this Act to be used by another 26 person; 27 (17)17.failing, within a reasonable time, to 28 provide any information requested by the Department as a 29 result of a formal or informal complaint; 30 (18)18.professional incompetence; 31 (19)19.failure to file a return, or to pay the 32 tax, penalty or interest shown in a filed return, or to 33 pay any final assessment of tax, penalty or interest, as 34 required by any tax Act administered by the Illinois HB0245 Enrolled -19- LRB9101561ACtm 1 Department of Revenue, until such time as the 2 requirements of any such tax Act are satisfied;and3 (20)20.holding or promoting an ultimate fighting 4 exhibition, or participating in an ultimate fighting 5 exhibition as a promoter, contestant,second,referee, 6 judge, scorer, manager, trainer, announcer, or timekeeper 7 ;, after the effective date of the rules required to be8adopted under Section 7.5 of this Act.9 (21) habitual or excessive use or addiction to 10 alcohol, narcotics, stimulants, or any other chemical 11 agent or drug that results in an inability to participate 12 in an event; or 13 (22) failure to stop a contest or exhibition when 14 requested to do so by the Department. 15 (b) The determination by a circuit court that a licensee 16 is subject to involuntary admission or judicial admission as 17 provided in the Mental Health and Developmental Disabilities 18 Code operates as an automatic suspension. The suspension will 19 end only upon a finding by a court that the licensee is no 20 longer subject to involuntary admission or judicial 21 admission, issuance of an order so finding and discharging 22 the licensee, and upon the recommendation of the Board to the 23 Director that the licensee be allowed to resume his or her 24 practice. 25 (c) In enforcing this Section, the Board, upon a showing 26 of a possible violation, may compel any individual licensed 27 or registered to practice under this Act, or who has applied 28 for licensure or registration pursuant to this Act, to submit 29 to a mental or physical examination, or both, as required by 30 and at the expense of the Department. The examining 31 physicians or clinical psychologists shall be those 32 specifically designated by the Board. The Board or the 33 Department may order the examining physician or clinical 34 psychologist to present testimony concerning this mental or HB0245 Enrolled -20- LRB9101561ACtm 1 physical examination of the licensee, registrant, or 2 applicant. No information shall be excluded by reason of any 3 common law or statutory privilege relating to communications 4 between the licensee, registrant, or applicant and the 5 examining physician or clinical psychologist. Eye 6 examinations may be provided by a licensed and certified 7 therapeutic optometrist. The individual to be examined may 8 have, at his or her own expense, another physician of his or 9 her choice present during all aspects of the examination. 10 Failure of any individual to submit to a mental or physical 11 examination, when directed, shall be grounds for suspension 12 of a license until such time as the individual submits to the 13 examination if the Board finds, after notice and hearing, 14 that the refusal to submit to the examination was without 15 reasonable cause. 16 (d) If the Board finds an individual unable to practice 17 because of the reasons set forth in this Section, the Board 18 shall require the individual to submit to care, counseling, 19 or treatment by physicians or clinical psychologists approved 20 or designated by the Board, as a condition, term, or 21 restriction for continued, reinstated, or renewed licensure 22 or registration, or in lieu of care, counseling, or 23 treatment, the Board may recommend to the Department to file 24 a complaint to immediately suspend, revoke, or otherwise 25 discipline the license or registration of the individual. Any 26 individual whose license or registration was granted pursuant 27 to this Act, or continued, reinstated, renewed, disciplined, 28 or supervised, subject to such conditions, terms, or 29 restrictions, who shall fail to comply with such conditions, 30 terms, or restrictions, shall be referred to the Director for 31 a determination as to whether the individual shall have his 32 or her license or registration suspended immediately, pending 33 a hearing by the Board. 34 (Source: P.A. 89-578, eff. 7-30-96.) HB0245 Enrolled -21- LRB9101561ACtm 1 (225 ILCS 105/17.7 new) 2 Sec. 17.7. Restoration of suspended or revoked license or 3 registration. At any time after the suspension or revocation 4 of a license, the Department may restore it to the licensee 5 or registrant upon the written recommendation of the Board, 6 unless after an investigation and a hearing the Board 7 determines that restoration is not in the public interest. 8 (225 ILCS 105/17.8 new) 9 Sec. 17.8. Surrender of license or registration. Upon 10 the revocation or suspension of a license or registration, 11 the licensee or registrant shall immediately surrender his or 12 her license or registration to the Department. If the 13 licensee or registrant fails to do so, the Department has the 14 right to seize the license or registration. 15 (225 ILCS 105/17.9 new) 16 Sec. 17.9. Summary suspension of a license or 17 registration. The Director may summarily suspend a license or 18 registration without a hearing if the Director finds that 19 evidence in the Director's possession indicates that the 20 continuation of practice would constitute an imminent danger 21 to the public or the individual involved. If the Director 22 summarily suspends the license or registration without a 23 hearing, a hearing must be commenced within 30 days after the 24 suspension has occurred and concluded as expeditiously as 25 practical. 26 (225 ILCS 105/17.10 new) 27 Sec. 17.10. Administrative review; venue. 28 (a) All final administrative decisions of the Department 29 are subject to judicial review under the Administrative 30 Review Law and its rules. The term "administrative decision" 31 is defined as in Section 3-101 of the Code of Civil HB0245 Enrolled -22- LRB9101561ACtm 1 Procedure. 2 (b) Proceedings for judicial review shall be commenced in 3 the circuit court of the county in which the party applying 4 for review resides, but if the party is not a resident of 5 Illinois, the venue shall be in Sangamon County. 6 (225 ILCS 105/17.11 new) 7 Sec. 17.11. Certifications of record; costs. The 8 Department shall not be required to certify any record to the 9 court, to file an answer in court, or to otherwise appear in 10 any court in a judicial review proceeding unless there is 11 filed in the court, with the complaint, a receipt from the 12 Department acknowledging payment of the costs of furnishing 13 and certifying the record, which costs shall be determined by 14 the Department. Failure on the part of the plaintiff to file 15 the receipt in court is grounds for dismissal of the action. 16 (225 ILCS 105/17.12 new) 17 Sec. 17.12. Consent order. At any point in the 18 proceedings, both parties may agree to a negotiated consent 19 order. The consent order shall be final upon signature of the 20 Director. 21 (225 ILCS 105/18) (from Ch. 111, par. 5018) 22 Sec. 18. Investigations; notice and hearing. The 23 Department may investigate the actions of any applicant or of 24 any person or persons promoting or participating in a contest 25 or exhibition or any person holding or claiming to hold a 26 license or registration. The Department shall, before 27 revoking, suspending, placing on probation, reprimanding, or 28 taking any other disciplinary action under this Act, at least 29 30 days before the date set for the hearing, (i) notify the 30 accused in writing of the charges made and the time and place 31 for the hearing on the charges, (ii) direct him or her to HB0245 Enrolled -23- LRB9101561ACtm 1 file a written answer to the charges with the Board under 2 oath within 20 days after the service on him or her of the 3 notice, and (iii) inform the accused that, if he or she fails 4 to answer, default will be taken against him or her or that 5 his or her license or registration may be suspended, revoked, 6 or placed on probationary status or that other disciplinary 7 action may be taken with regard to the license or 8 registration, including limiting the scope, nature, or extent 9 of his or her practice, as the Department may consider 10 proper. At the time and place fixed in the notice, the Board 11 shall proceed to hear the charges, and the parties or their 12 counsel shall be accorded ample opportunity to present any 13 pertinent statements, testimony, evidence, and arguments. The 14 Board may continue the hearing from time to time. In case the 15 person, after receiving the notice, fails to file an answer, 16 his or her license or registration may, in the discretion of 17 the Department, be suspended, revoked, or placed on 18 probationary status or the Department may take whatever 19 disciplinary action considered proper, including limiting the 20 scope, nature, or extent of the person's practice or the 21 imposition of a fine, without a hearing, if the act or acts 22 charged constitute sufficient grounds for that action under 23 this Act. The written notice may be served by personal 24 delivery or by certified mail to the address specified by the 25 accused in his or her last notification with the Department. 26If the Department refuses to grant a license or a permit to27an applicant, the applicant, at his option, shall be entitled28to a hearing before the Board.29 (Source: P.A. 82-522.) 30 (225 ILCS 105/19) (from Ch. 111, par. 5019) 31 Sec. 19. Findings and recommendations. At the conclusion 32 of the hearing, the Board shall present to the Director a 33 written report of its findings, conclusions of law, and HB0245 Enrolled -24- LRB9101561ACtm 1 recommendations. The report shall contain a finding of 2 whether the accused person violated this Act or its rules or 3 failed to comply with the conditions required in this Act or 4 its rules. The Board shall specify the nature of any 5 violations or failure to comply and shall make its 6 recommendations to the Director. In making recommendations 7 for any disciplinary actions, the Board may take into 8 consideration all facts and circumstances bearing upon the 9 reasonableness of the conduct of the accused and the 10 potential for future harm to the public including, but not 11 limited to, previous discipline of the accused by the 12 Department, intent, degree of harm to the public and 13 likelihood of harm in the future, any restitution made by the 14 accused, and whether the incident or incidents contained in 15 the complaint appear to be isolated or represent a continuing 16 pattern of conduct. In making its recommendations for 17 discipline, the Board shall endeavor to ensure that the 18 severity of the discipline recommended is reasonably related 19 to the severity of the violation. 20 The report of findings of fact, conclusions of law, and 21 recommendation of the Board shall be the basis for the 22 Department's order refusing to issue, restore, or renew a 23 license or registration, or otherwise disciplining a licensee 24 or registrant. If the Director disagrees with the 25 recommendations of the Board, the Director may issue an order 26 in contravention of the Board recommendations. The Director 27 shall provide a written report to the Board on any 28 disagreement and shall specify the reasons for the action in 29 the final order. The finding is not admissible in evidence 30 against the person in a criminal prosecution brought for a 31 violation of this Act, but the hearing and finding are not a 32 bar to a criminal prosecution brought for a violation of this 33 Act.At the conclusion of the hearing the board shall present34to the Director a written report of its finding andHB0245 Enrolled -25- LRB9101561ACtm 1recommendation. The report shall contain a finding whether2or not the accused person violated this Act or failed to3comply with the conditions required in this Act. The Board4shall specify the nature of the violation or failure to5comply, and shall make its recommendations to the Director. A6copy of such report shall be served upon the accused, either7personally or by registered or certified mail. Within 208days after such service, the accused may present to the9Department his or her motion in writing for a rehearing,10specifying the particular ground for rehearing. If the11accused orders and pays for a transcript of the record, the12time elapsing thereafter and before such transcript is ready13for delivery to him or her shall not be counted as part of14such 20 days.15The report of findings and recommendation of the board16shall be the basis for the Department's order of refusal or17for the granting of a license or permit. The finding is not18admissible in evidence against the person in a criminal19prosecution brought for the violation of this Act, but the20hearing and finding are not a bar to a criminal prosecution21brought for the violation of this Act.22 (Source: P.A. 86-615.) 23 (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1) 24 Sec. 19.1. Appointment of a hearing officer. The 25 Director has the authority to appoint any attorney duly 26 licensed to practice law in the State of Illinois to serve as 27 the hearing officer in any action for refusal to issue, 28 restore, or renew a license or certificate of registration or 29 discipline of a licensee or registrantcertificate holder. 30 The hearing officer has full authority to conduct the 31 hearing. The hearing officer shall report his findings of 32 fact, conclusions of law, and recommendations to the Board 33 and the Director. The Board shall havehas60 days from HB0245 Enrolled -26- LRB9101561ACtm 1 receipt of the report to review the report of the hearing 2 officer and present its findings of fact, conclusions of law 3 and recommendations to the Director. If the Board fails to 4 present its report within the 60 day period, the Director may 5shallissue an order based on the report of the hearing 6 officer. If the Director determines that the Board's report 7 is contrary to the manifest weight of the evidence, he may 8 issue an order in contravention of the recommendationBoard's9report. The Director shall promptly provide a written report 10 of the Board on any deviation and shall specify the reasons 11 for the action in the final order. 12 (Source: P.A. 86-615.) 13 (225 ILCS 105/19.2 new) 14 Sec. 19.2. Subpoenas; depositions; oaths. The Department 15 has the power to subpoena and to bring before it any person 16 and to take testimony either orally or by deposition, or 17 both, with the same fees and mileage and in the same manner 18 as prescribed in civil cases in the courts of this State. 19 The Director, the designated hearing officer, and every 20 member of the Board has the power to administer oaths to 21 witnesses at any hearing that the Department is authorized to 22 conduct and any other oaths authorized in any Act 23 administered by the Department. 24 (225 ILCS 105/19.3 new) 25 Sec. 19.3. Compelling testimony. Any circuit court, upon 26 application of the Department, designated hearing officer, or 27 the applicant, licensee, or registrant against whom 28 proceedings under this Act are pending, may enter an order 29 requiring the attendance of witnesses and their testimony and 30 the production of documents, papers, files, books, and 31 records in connection with any hearing or investigation. The 32 court may compel obedience to its order by proceedings for HB0245 Enrolled -27- LRB9101561ACtm 1 contempt. 2 (225 ILCS 105/19.4 new) 3 Sec. 19.4. Director; rehearing. Whenever the Director 4 believes that justice has not been done in the revocation, 5 suspension, refusal to issue, restore, or renew a license or 6 registration, or other discipline of an applicant, licensee, 7 or registrant, he or she may order a rehearing by the same or 8 other examiners. 9 (225 ILCS 105/19.5 new) 10 Sec. 19.5. Order or certified copy; prima facie proof. An 11 order or certified copy thereof, over the seal of the 12 Department and purporting to be signed by the Director, is 13 prima facie proof that: 14 (1) the signature is the genuine signature of the 15 Director; 16 (2) the Director is duly appointed and qualified; 17 and 18 (3) the Board and its members are qualified to act. 19 (225 ILCS 105/21) (from Ch. 111, par. 5021) 20 Sec. 21. Injunctive action; cease and desist order. 21 (a) If a person violates the provisions of this Act, the 22 Director, in the name of the People of the State of Illinois, 23 through the Attorney General or the State's Attorney of the 24 county in which the violation is alleged to have occurred, 25 may petition for an order enjoining the violation or for an 26 order enforcing compliance with this Act. Upon the filing of 27 a verified petition, the court with appropriate jurisdiction 28 may issue a temporary restraining order, without notice or 29 bond, and may preliminarily and permanently enjoin the 30 violation. If it is established that the person has violated 31 or is violating the injunction, the court may punish the HB0245 Enrolled -28- LRB9101561ACtm 1 offender for contempt of court. Proceedings under this 2 Section are in addition to, and not in lieu of, all other 3 remedies and penalties provided by this Act. 4 (b) Whenever, in the opinion of the Department, a person 5 violates any provision of this Act, the Department may issue 6 a rule to show cause why an order to cease and desist should 7 not be entered against that person. The rule shall clearly 8 set forth the grounds relied upon by the Department and shall 9 allow at least 7 days from the date of the rule to file an 10 answer satisfactory to the Department. Failure to answer to 11 the satisfaction of the Department shall cause an order to 12 cease and desist to be issued.Engaging in athletic events by13any licensed or unlicensed person in violation of this Act is14declared to be inimical to the public welfare and to be a15public nuisance. The Department may conduct hearings and16issue cease and desist orders with respect to persons engaged17in activities prohibited by this Act. Any person in18violation of a cease and desist order entered by the19Department shall be subject to a civil penalty payable to the20party injured by the violation in an amount up to $10,000.21Also, an action to enjoin any person from such unlawful22activity may be maintained in the name of the People of the23State of Illinois by the Attorney General, by the State's24Attorney of the county in which the action is brought, by the25Department or by any resident citizen. This remedy shall be26in addition to other remedies provided for violation of this27Act.28 (Source: P.A. 82-522.) 29 (225 ILCS 105/23) (from Ch. 111, par. 5023) 30 Sec. 23. Fees. The fees for the administration and 31 enforcement of this Act including, but not limited to, 32 original licensure or registration, renewal, and restoration 33 shall be set by rule. Thefollowingfees shallarenot be HB0245 Enrolled -29- LRB9101561ACtm 1 refundable.:21. The fee for a permit to hold an athletic event shall3be $25.42. The fee for a license as a boxing promoter shall be5$300 and the fee for renewal shall be calculated at the rate6of $150 per year.73. The fee for a license as a boxing promoter shall be8$300 and the fee for renewal shall be calculated at the rate9of $150 per year.104. The fee for a license as boxing contestant shall be11$20 and the fee for renewal shall be calculated at the rate12of $10 per year.135. The fee for a license as a referee shall be $100 and14the fee for renewal shall be calculated at the rate of $5015per year.166. The fee for a license as a judge shall be $10 and the17fee for renewal shall be calculated at the rate of $5 per18year.197. The fee for a license as a manager shall be $50 and20the fee for renewal shall be calculated at the rate of $2521per year.228. The fee for a license as a trainer (second) shall be23$10, and the fee for renewal shall be calculated at the rate24of $5 per year.259. The fee for a license as a timekeeper shall be $5026and the fee for renewal shall be calculated at the rate of27$25 per year.2810. The fee for a registration of a wrestling promoter29shall be $300 and the fee for renewal shall be calculated at30the rate of $150 per year.31 (Source: P.A. 82-522; revised 10-28-98.) 32 (225 ILCS 105/25.1 new) 33 Sec. 25.1. Medical Suspension. A licensee who is HB0245 Enrolled -30- LRB9101561ACtm 1 determined by the examining physician to be unfit to compete 2 or officiate shall be immediately suspended until it is shown 3 that he or she is fit for further competition or officiating. 4 If the licensee disagrees with a medical suspension set at 5 the discretion of the ringside physician, he or she may 6 request a hearing to show proof of fitness. The hearing shall 7 be provided at the earliest opportunity after the Department 8 receives a written request from the licensee. 9 If the referee has rendered a decision of technical 10 knockout against a boxing contestant or if the contestant is 11 knocked out other than by a blow to the head, the boxing 12 contestant shall be immediately suspended for a period of not 13 less than 30 days. 14 If the boxing contestant has been knocked out by a blow 15 to the head, he or she shall be suspended immediately for a 16 period of not less than 45 days. 17 Prior to reinstatement, any boxing contestant suspended 18 for his or her medical protection shall satisfactorily pass a 19 medical examination upon the direction of the Department. The 20 examining physician may require any necessary medical 21 procedures during the examination. 22 (225 ILCS 105/3 rep.) 23 (225 ILCS 105/4 rep.) 24 (225 ILCS 105/9 rep.) 25 Section 10. The Professional Boxing and Wrestling Act is 26 amended by repealing Sections 3, 4, and 9.