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Public Act 91-0408
HB0245 Enrolled LRB9101561ACtm
AN ACT to amend the Professional Boxing and Wrestling
Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Professional Boxing and Wrestling Act is
amended by changing Sections 1, 2, 6, 7.5, 8, 10, 10.5, 11,
12, 13, 14, 15, 16, 18, 19, 19.1, 21, and 23 and adding
Sections 0.05, 17.7, 17.8, 17.9, 17.10, 17.11, 17.12, 19.2,
19.3, 19.4, 19.5, and 25.1 as follows:
(225 ILCS 105/0.05 new)
Sec. 0.05. Declaration of public policy. Professional
boxing and wrestling in the State of Illinois is hereby
declared to affect the public health, safety, and welfare and
to be subject to regulation and control in the public
interest. It is further declared to be a matter of public
interest and concern that boxing and wrestling, as defined in
this Act, merit and receive the confidence of the public and
that only qualified persons be authorized to participate in
boxing contests and wrestling exhibitions in the State of
Illinois. This Act shall be liberally construed to best carry
out these objects and purposes.
(225 ILCS 105/1) (from Ch. 111, par. 5001)
Sec. 1. Short title and definitions.
(a) This Act shall be known and may be cited as the
"Professional Boxing and Wrestling Act".
(b) As used in this Act:
1. "Department" means the Department of
Professional Regulation.
2. "Director" means the Director of Professional
Regulation.
3. "Board" means the State Boxing and Wrestling
Board appointed by the Director.
4. "License" means the license issued for boxing
promoters, contestants, or officials in accordance with
this Act.
5. "Registration" means the registration issued to
wrestling promoters in accordance with this Act.
6. "Boxing Contests" include professional boxing or
sparring matches and, events, exhibitions, or cards.
7. "Wrestling Exhibitions" include professional
wrestling contests, matches, events, and shows.
8. "Athletic Events" include both professional
boxing contests and professional wrestling exhibitions.
9. "Permit" means the authorization from the
Department to a promoter to conduct professional boxing
contests or professional wrestling exhibitions.
10. "Promoter" means a person who is licensed or
registered and who holds a permit to conduct professional
boxing matches or professional wrestling exhibitions.
11. Unless the context indicates otherwise,
"person" includes an association, partnership,
corporation, gymnasium, or club.
12. For the purposes of this Act the term "trainer"
includes what is commonly referred to as "second",
"corner man", or "coach".
13. "Ultimate fighting exhibition" has the meaning
given by rule adopted by the Department in accordance
with Section 7.5.
14. "Professional boxer" means a person licensed by
the Department who competes for a money prize, purse, or
other type of compensation in a boxing contest,
exhibition, or match held in Illinois.
15. "Judge" means a person licensed by the
Department who is at ringside during a boxing match and
who has the responsibility of scoring the performance of
the participants in the contest.
16. "Referee" means a person licensed by the
Department who has the general supervision of a boxing
contest and is present inside of the ring during the
contest.
17. "Amateur" means a person who has never received
or competed for any purse or other article of value,
either for participating in any boxing contest or for the
expenses of training therefor, other than a prize that
does not exceed $50 in value.
18. "Contestant" means an individual who
participates in a boxing contest or wrestling exhibition.
19. "Second" means a person licensed by the
Department who is present at any boxing contest to
provide assistance or advice to a boxer during the
contest.
20. "Matchmaker" means a person licensed by the
Department who brings together professional boxers or
procures matches for professional boxers.
21. "Manager" means a person licensed by the
Department who is not a promoter and who, under contract,
agreement, or other arrangement with any boxer,
undertakes to, directly or indirectly, control or
administer the boxing affairs of boxers.
22. "Timekeeper" means a person licensed by the
Department who is the official timer of the length of
rounds and the intervals between the rounds.
23. "Purse" means the financial guarantee or any
other remuneration for which contestants are
participating in a boxing contest.
24. "Physician" means a person licensed to practice
medicine in all its branches under the Medical Practice
Act of 1987.
(Source: P.A. 89-578, eff. 7-30-96.)
(225 ILCS 105/2) (from Ch. 111, par. 5002)
Sec. 2. State Boxing and Wrestling Board. There is
created the State Boxing and Wrestling Board consisting of 6
5 persons who shall be appointed by and shall serve in an
advisory capacity to the Director. One There shall also be a
physician licensed to practice medicine in all of its
branches. who shall act as a consultant to the board as
needed. Upon the expiration of the terms of the board
members appointed before or after the effective date of this
Act, The Director shall appoint their successors, each member
to serve for a term of 3 years from and after the 3rd Monday
in January of the year in which the antecedent term expires
and all to serve until his or her successor is their
successors are appointed and qualified. One member of the
board shall be designated as the Chairperson and one member
shall be designated as the Vice-chairperson Chairman. No
member shall be appointed to the Board for a term which would
cause continuous service to be more than 9 years. Service
prior to the effective date of this amendatory Act of the
91st General Assembly shall not be considered in calculating
length of service on the Board. Each member of the board
shall receive compensation $75 per day for each day he or she
is engaged in transacting the business of the board and, in
addition, shall be reimbursed for his or her authorized and
approved expenses necessarily incurred in relation to such
service in accordance with the travel regulations applicable
to the Department at the time the expenses are incurred.
A majority of the current members appointed shall
constitute a quorum.
The members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other acts
performed in good faith as members of the Board.
The Director may remove any member of the Board for
misconduct, incapacity, or neglect of duty. The Director
shall reduce to writing any causes for removal.
The Director may appoint and at his pleasure remove a
secretary to the Board. It is the duty of the Secretary to
make a full record of all board proceedings, and perform
other duties prescribed by the Director.
(Source: P.A. 87-1182.)
(225 ILCS 105/6) (from Ch. 111, par. 5006)
Sec. 6. Prohibitions. All boxing matches, contests, or
exhibits in which physical contact is made including, but not
limited to, "ultimate fighting exhibitions", are prohibited
in Illinois unless authorized by the Department. This
provision does not apply to the following Applicability. The
provisions of this Act do not apply to:
(1) 1. Boxing contests or wrestling exhibitions
conducted by accredited secondary schools, colleges or
universities, although a fee may be charged.
Institutions organized to furnish instruction in
athletics are not included in this exemption.
(2) 2. Amateur boxing matches sanctioned by the
United States Amateur Boxing Federation, Inc. or Golden
Gloves of America, amateur wrestling exhibitions, and
amateur or professional martial arts or kick boxing;
except that this Act does apply to ultimate fighting
exhibitions.
(Source: P.A. 89-578, eff. 7-30-96.)
(225 ILCS 105/7.5)
Sec. 7.5. Ultimate fighting exhibitions.
(a) The General Assembly finds and declares that:
(1) The entertainment spectacle commonly known as
"ultimate fighting" is a violent exhibition that is
excessively and unacceptably dangerous to the
participants. "Ultimate fighting" includes exhibitions
of the same nature even though a different name is
applied to this event.
(2) Unlike the sports of boxing and wrestling, in
which serious or permanent injury is largely preventable
and occurs only occasionally as an incidental result of
the athletic contest, ultimate fighting is intended by
its promoters to produce serious injury in every
exhibition and is widely and specifically advertised and
promoted as being the most dangerous of all fighting
exhibitions.
(3) The lack of appropriate restrictions on
dangerous blows or life-threatening maneuvers and the
matching of participants with incompatible styles of
fighting make it difficult or impossible for the State to
regulate ultimate fighting in a way that can reasonably
protect the safety of the participants.
(4) It is therefore an appropriate exercise of the
police power of the State and necessary for the public
safety and the common good to prohibit ultimate fighting
exhibitions in this State.
(b) The Department, in consultation with the State
Boxing and Wrestling Board, shall adopt rules defining the
term "ultimate fighting exhibition" and distinguishing such
exhibitions from the legitimate boxing and wrestling contests
permitted under this Act and the exhibitions or contests of
the martial arts and other sports that are traditionally
conducted with respect for the safety and protection of the
participants.
(c) Beginning on the effective date of the rules to be
adopted under subsection (b) of this Section, No person may
hold, promote, or participate in any ultimate fighting
exhibition in this State.
(Source: P.A. 89-578, eff. 7-30-96.)
(225 ILCS 105/8) (from Ch. 111, par. 5008)
Sec. 8. Permits.
(a) A promoter who desires to obtain a permit to conduct
an athletic event shall apply to the Department at least 20
10 days prior to the event, in writing, on forms furnished by
the Department. The application shall be verified under
oath, shall be accompanied by the required fee and shall
contain at least the following information:
(1) (a) the names and addresses of the promoter;
(2) and all of the officers of any club,
association, partnership or corporation with whom the
promoter is associated, (b) the names of the contestants
and their seconds, (c) the name of the their matchmaker;
(3), (d) the time and exact location of the athletic
event;
(4), (e) the seating capacity of the building where
the event is to be held;
(5) a copy of the lease or proof of ownership of
the building where the event is to be held;
(6), (f) the admission charge or charges to be
made;, and
(7) proof of adequate security measures and
adequate medical supervision, as determined by Department
rule, to ensure the protection of the health and safety
of the general public while attending athletic events and
the contestants' safety while participating in the events
and any other information that the Department may
determine by rule in order to issue a permit (g) the
amount of compensation or percentage of the gate receipts
to be paid to each participant.
(b) After the initial application and within 10 days of
a scheduled event, a promoter shall submit to the Department
all of the following information:
(1) The amount of compensation to be paid to each
participant.
(2) The names of the contestants.
(3) Proof of insurance for not less than $10,000 for
each contestant participating in a boxing contest or
exhibition.
Insurance required under this subsection shall cover (i)
hospital, medication, physician, and other such expenses as
would accrue in the treatment of an injury as a result of the
boxing contest or exhibition and (ii) payment to the estate
of the contestant in the event of his or her death as a
result of his or her participation in the boxing contest or
exhibition.
(c) All boxing promoters shall provide to the
Department, at least 24 hours prior to commencement of the
event, the amount of the purse to be paid for the event. The
Department shall promulgate rules for payment of the purse.
(d) The boxing contest shall be held in an area where
adequate neurosurgical facilities are immediately available
for skilled emergency treatment of an injured boxer. It is
the responsibility of the promoter to ensure that the
building to be used for the event complies with all laws,
ordinances, and regulations in the city, town, or village
where the athletic event is to be held. The Department may
issue a permit to any promoter who meets the requirements of
this Act and the rules. The permit shall only be issued for a
specific date and location of an athletic event and shall not
be transferable. In an emergency, the Department may allow a
promoter to amend a permit application to hold an athletic
event in a different location than the application specifies
and may allow the promoter to substitute contestants.
(e) The Department shall be responsible for assigning
the judge, timekeepers, referees, physician, and medical
personnel for a boxing contest. It shall be the
responsibility of the promoter to cover the cost of the
individuals utilized at an athletic event.
Any person who makes or causes to be made false
statements is guilty of perjury.
(Source: P.A. 82-522.)
(225 ILCS 105/10) (from Ch. 111, par. 5010)
Sec. 10. Who must be licensed. In order to participate
in boxing contests the following persons must each be
licensed and in good standing with the Department: (a)
promoters, (b) contestants, (c) seconds, (d) referees, (e)
judges, (f) managers, (g) matchmakers trainers, and (h)
timekeepers.
Matchmakers, physicians and Announcers may participate in
boxing contests without being licensed under this Act. It
shall be the responsibility of the promoter to ensure that
announcers these unlicensed persons comply with the Act, and
all rules and regulations promulgated pursuant to this Act
thereto.
A licensed promoter may not act as, and cannot be
licensed as, a second, boxer, referee, timekeeper, judge, or
manager. If he or she is so licensed, he or she must
relinquish any of these licenses to the Department for
cancellation. A promoter may be licensed as a matchmaker.
These persons involved with professional boxing and wrestling
must register with the Department by supplying the Athletic
Section with their name, address, telephone number and social
security number.
Persons involved with wrestling exhibitions shall supply
the Department with their name, address, telephone number,
and social security number and shall meet other requirements
as established by rule.
(Source: P.A. 85-225.)
(225 ILCS 105/10.5)
Sec. 10.5. Unlicensed practice; violation; civil
penalty.
(a) Any person who practices, offers to practice,
attempts to practice, or holds oneself out to practice as a
promoter, professional boxer, contestant, second, referee,
judge, manager, matchmaker trainer, or timekeeper without
being licensed under this Act shall, in addition to any other
penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense
as determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 89-474, eff. 6-18-96.)
(225 ILCS 105/11) (from Ch. 111, par. 5011)
Sec. 11. Qualifications for license. The Department
shall grant licenses to or register the following persons if
the following qualifications are met:
(A) An applicant for licensure as a contestant in a
boxing match must: (1) be 18 years old, except when the
applicant has exhibited unusual maturity or ability, (2) be
of good moral character, (3) file an application stating the
applicant's correct name (and no assumed or ring name may be
used unless such name is registered with the Department along
with the applicant's correct name), date and place of birth,
place of current residence, and a sworn statement that he is
not currently in violation of any federal, State or local
laws or rules governing boxing, (4) file a certificate of a
physician licensed to practice medicine in all of its
branches which attests that the applicant is physically fit
and qualified to participate in boxing matches, and (5) pay
the required fee and meet any other requirements. Applicants
over age 39 who have not competed in a contest within the
last 36 months may be required to appear before the Board to
determine their fitness to participate in a contest. A
picture identification shall be issued to all boxers licensed
by the Department. The identification shall be presented to
the Department or its representative upon request at
weigh-ins or contests.
(B) An applicant for licensure as a boxing promoter,
referee, judge, manager, second, matchmaker, trainer or
timekeeper must: (1) be of good moral character, (2) file an
application stating the applicant's name, date and place of
birth, and place of current residence along with a certifying
sworn statement that he is not currently in violation of any
federal, State, or local laws or rules governing boxing, (3)
have had satisfactory experience in his field, and (4) pay
the required fee, and (5) meet any other requirements as
determined by rule. An applicant for licensure as a referee,
manager or trainer must also file proof that he has
participated in medical seminars pertaining to boxing
contests, the curriculum and number of hours of which the
Department by rule deems sufficient.
(C) An applicant for licensure as a boxing promoter must:
(1) be of good moral character, (2) file an application with
the Department stating the applicant's name, date and place
of birth, place of current residence along with a certifying
statement that he is not currently in violation of any
federal, State, or local laws or rules governing boxing, (3)
provide proof of a surety bond of no less than $5,000 to
cover financial obligations pursuant to this Act, payable to
the Department and conditioned for the payment of the tax
imposed by this Act and compliance with this Act and the
rules promulgated pursuant to this Act, (4) provide a
financial statement, prepared by a certified public
accountant, showing liquid working capital of $10,000 or
more, or a $10,000 performance bond guaranteeing payment of
all obligations relating to the promotional activities, and
(5) pay the required fee and meet any other requirements.
(D) (C) An applicant for registration as a wrestling
promoter must: (1) be of good moral character, (2) file an
application with the Department stating the applicant's name,
date and place of birth, and place of current residence along
with a certifying sworn statement that he is not currently in
violation of any federal, State, or local laws or rules
governing wrestling, and (3) provide a surety bond of no less
than $10,000 to cover financial obligations pursuant to this
Act, payable to the Department and conditioned for the
payment of the tax imposed by this Act and compliance with
this Act and the rules promulgated pursuant to this Act, (4)
provide a financial statement, prepared by a certified public
accountant, showing liquid working capital of $10,000 or
more, or a $10,000 performance bond guaranteeing payment of
all obligations relating to the promotional activities, and
(5) pay the required fee and meet any other requirements.
In determining good moral character, the Department may
take into consideration any violation of any of the
provisions of Section 16 of this Act and any felony
conviction of the applicant, but such a conviction shall not
operate as a bar to licensure. No license issued under this
Act is transferable.
The Department may issue temporary licenses and
registrations as provided by rule.
(Source: P.A. 90-655, eff. 7-30-98.)
(225 ILCS 105/12) (from Ch. 111, par. 5012)
Sec. 12. Boxing contests. Each boxing contestant shall
be examined before entering the ring and immediately after
each contest by a physician licensed to practice medicine in
all of its branches. The physician shall determine, prior to
the contest, if each contestant is physically fit to engage
in the contest. After the contest the physician shall examine
the contestant to determine possible injury. If the
contestant's physical condition so indicates, the physician
shall recommend to the Department immediate medical
suspension. The physician may, at any time during the
contest, stop the contest to examine a boxer, and terminate
the contest when, in the physician's opinion, continuing the
contest could result in serious injury to the boxer. The
physician shall certify to the condition of the contestant in
writing, over his signature on blank forms provided by the
Department. Such reports shall be submitted to the Department
in a timely manner. The physician shall be paid by the
promoter a fee fixed by the Department. No boxing contest
shall be held unless a physician licensed to practice
medicine in all of its branches is in attendance.
No contest shall be allowed to begin unless at least one
physician and 2 trained paramedics or 2 nurses who are
trained to administer emergency medical care are present
adequate medical supervision, as set forth in subsection (3)
of Section 9, has been provided.
No contest shall be more than 12 15 rounds in length. The
rounds shall not be more than 3 minutes each with a one
minute interval between them, and no boxer shall be allowed
to participate in more than 12 15 rounds within 72
consecutive hours. At each boxing contest there shall be a
referee in attendance who shall direct and control the
contest. The referee, before each contest, shall learn the
name of the contestant's chief second and shall hold the
chief second responsible for the conduct of his assistant
during the progress of the match.
There shall be 2 judges in attendance who shall render a
decision at the end of each match. The decision of the
judges, taken together with the decision of the referee, is
final; or, 3 judges shall score the match with the referee
not scoring. The method of scoring shall be set forth in
rules is to be determined by the Secretary of the Board or
the Supervisor of the Board.
During each boxing contest each contestant shall wear
gloves weighing not less than 6 ounces.
Judges, or referees, or timekeepers for contests shall be
assigned by the Department Director or his designee. The
referee, the Director, the board or any inspector appointed
by the Department or its representative shall have discretion
to declare a price, remuneration, or purse or any part of it
belonging to the contestant withheld if in the their judgment
of the Department or its representative the contestant is not
honestly competing. The Department shall have the authority
to prevent a contest or exhibition from being held and shall
have the authority to stop a fight for noncompliance with any
part of this Act or rules or when, in the judgment of the
Department, or its representative, continuation of the event
would endanger the health, safety, and welfare of the
contestants or spectators.
(Source: P.A. 85-225.)
(225 ILCS 105/13) (from Ch. 111, par. 5013)
Sec. 13. Tickets; tax. Tickets to athletic events,
other than an athletic event conducted at premises with an
indoor seating capacity of more than 17,000, shall be printed
in such form as the Department shall prescribe. A certified
sworn inventory of all tickets printed for any event shall be
mailed to the Department by the promoter printer not less
than 7 days before the event, and a sworn inventory of all
tickets printed for any event shall be sent to the Department
by the promoter within 24 hours after receipt of delivery
from the printer. The total number of tickets printed shall
not exceed the total seating capacity of the premises in
which the event is to be held. No tickets of admission to any
event, other than an athletic event conducted at premises
with an indoor seating capacity of more than 17,000, shall be
sold except those declared on an official ticket inventory as
described in this Section.
A promoter who conducts an athletic event under this Act,
other than an athletic event conducted at premises with an
indoor seating capacity of more than 17,000, shall, within 24
hours after such event: (1) furnish to the Department a
written report verified by the promoter or his authorized
designee showing the number of tickets sold for the contest
or the actual ticket stubs and the amount of the gross
proceeds thereof; and (2) pay to the Department State
Treasurer a tax of 10% of the first $500,000 of gross
receipts from the sale of admission tickets, to be placed in
the General Revenue Fund. Also, every person, showing or
holding any boxing match or wrestling exhibition on a closed
circuit telecast viewed in this State, whether originating
within this State, or another state or country, where
admission is charged, shall register with the Department and
pay a $400 fee each year of registration. Registrant shall
be entitled to show unlimited closed circuit events during
the year the registration is valid. A $25 fee shall be paid
for each event at each location where the boxing contest or
wrestling exhibition is shown by a licensed Illinois
promoter. The Department shall prescribe rules for the
implementation of this registration. These closed circuit TV
fees shall be paid to the Department of Professional
Regulation.
(Source: P.A. 90-580, eff. 5-21-98.)
(225 ILCS 105/14) (from Ch. 111, par. 5014)
Sec. 14. Failure to report ticket sales and tax. If the
permit holder fails to make a report as required by Section
13, or if such report is unsatisfactory, the Department State
Treasurer may examine or cause to be examined the books and
records of any such holder or his associates or any other
person as a witness under oath to determine the total amount
of tax due under this Act.
If it is determined that there has been a default in the
payment of a tax, the promoter shall be given 20 days notice
of the amount due which shall include the expenses incurred
in making the examination.
If the promoter does not pay the amount due he shall be
disqualified from obtaining a permit under this Act and the
Attorney General shall institute suit upon the bond filed
pursuant to this Act to recover the tax or penalties imposed
by this Act.
(Source: P.A. 82-522.)
(225 ILCS 105/15) (from Ch. 111, par. 5015)
Sec. 15. Inspectors. The Director may appoint inspectors
to assist the Department staff in the administration of the
Act. Such inspectors shall receive compensation $75 for each
day they are engaged in the transacting of business of the
Department. Each inspector shall carry a card issued by the
Department to authorize him to act in such capacity. The
inspector or inspectors shall supervise each event to ensure
that the provisions of the Act are strictly enforced. The
inspectors shall also be present at the counting of the gross
receipts and shall immediately deliver to the Department the
official box office statement as required by Section 13.
(Source: P.A. 87-1182.)
(225 ILCS 105/16) (from Ch. 111, par. 5016)
Sec. 16. Discipline and sanctions.
(a) The Department may refuse to issue a permit,
registration, or license, refuse to renew, suspend, revoke,
reprimand, place on probation, or take such other
disciplinary action as the Department may deem proper,
including the imposition of fines not to exceed $5,000 $1,000
for each violation, with regard to any license or
registration permit holder for any one or combination of the
following reasons:
(1) 1. gambling, betting or wagering on the result
of or a contingency connected with an athletic event or
permitting such activity to take place;
(2) 2. participating in or permitting a sham or
fake boxing contest match;
(3) 3. holding the athletic event at any other time
or place than is stated on the permit application;
(4) 4. permitting any contestant or referees other
than those stated on the permit application to
participate in an athletic event, except as provided in
Section 9;
(5) 5. violation or aiding in the violation of any
of the provisions of this Act or any rules or regulations
promulgated thereto;
(6) 6. violation of any federal, State or local
laws of the United States or other jurisdiction governing
athletic events or any regulation promulgated pursuant
thereto;
(7) 7. charging a greater rate or rates of
admission than is specified on the permit application;
(8) 8. failure to obtain all the necessary permits,
registrations, or licenses as required under this Act;
(9) 9. failure to file the necessary bond or to pay
the gross receipts tax as required by this Act;
(10) 10. engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public, or which is detrimental to
honestly conducted athletic events;
(11) 11. employment of fraud, deception or any
unlawful means in applying for or securing a permit,
license, or registration under this Act;
(12) 12. permitting a physician making the physical
examination to knowingly certify falsely to the physical
condition of a contestant;
(13) 13. permitting contestants of widely disparate
weights or abilities to engage in athletic events;
(14) 14. boxing while under medical suspension in
this State or in any other state, territory or country;
(15) 15. physical illness, including, but not
limited to, deterioration through the aging process, or
loss of motor skills which results in the inability to
participate in athletic events with reasonable judgment,
skill, or safety;
(16) 16. allowing one's license, permit, or
registration issued under this Act to be used by another
person;
(17) 17. failing, within a reasonable time, to
provide any information requested by the Department as a
result of a formal or informal complaint;
(18) 18. professional incompetence;
(19) 19. failure to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the
requirements of any such tax Act are satisfied; and
(20) 20. holding or promoting an ultimate fighting
exhibition, or participating in an ultimate fighting
exhibition as a promoter, contestant, second, referee,
judge, scorer, manager, trainer, announcer, or
timekeeper;, after the effective date of the rules
required to be adopted under Section 7.5 of this Act.
(21) habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an inability to participate
in an event; or
(22) failure to stop a contest or exhibition when
requested to do so by the Department.
(b) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the licensee is no
longer subject to involuntary admission or judicial
admission, issuance of an order so finding and discharging
the licensee, and upon the recommendation of the Board to the
Director that the licensee be allowed to resume his or her
practice.
(c) In enforcing this Section, the Board, upon a showing
of a possible violation, may compel any individual licensed
or registered to practice under this Act, or who has applied
for licensure or registration pursuant to this Act, to submit
to a mental or physical examination, or both, as required by
and at the expense of the Department. The examining
physicians or clinical psychologists shall be those
specifically designated by the Board. The Board or the
Department may order the examining physician or clinical
psychologist to present testimony concerning this mental or
physical examination of the licensee, registrant, or
applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee, registrant, or applicant and the
examining physician or clinical psychologist. Eye
examinations may be provided by a licensed and certified
therapeutic optometrist. The individual to be examined may
have, at his or her own expense, another physician of his or
her choice present during all aspects of the examination.
Failure of any individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of a license until such time as the individual submits to the
examination if the Board finds, after notice and hearing,
that the refusal to submit to the examination was without
reasonable cause.
(d) If the Board finds an individual unable to practice
because of the reasons set forth in this Section, the Board
shall require the individual to submit to care, counseling,
or treatment by physicians or clinical psychologists approved
or designated by the Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure
or registration, or in lieu of care, counseling, or
treatment, the Board may recommend to the Department to file
a complaint to immediately suspend, revoke, or otherwise
discipline the license or registration of the individual. Any
individual whose license or registration was granted pursuant
to this Act, or continued, reinstated, renewed, disciplined,
or supervised, subject to such conditions, terms, or
restrictions, who shall fail to comply with such conditions,
terms, or restrictions, shall be referred to the Director for
a determination as to whether the individual shall have his
or her license or registration suspended immediately, pending
a hearing by the Board.
(Source: P.A. 89-578, eff. 7-30-96.)
(225 ILCS 105/17.7 new)
Sec. 17.7. Restoration of suspended or revoked license or
registration. At any time after the suspension or revocation
of a license, the Department may restore it to the licensee
or registrant upon the written recommendation of the Board,
unless after an investigation and a hearing the Board
determines that restoration is not in the public interest.
(225 ILCS 105/17.8 new)
Sec. 17.8. Surrender of license or registration. Upon
the revocation or suspension of a license or registration,
the licensee or registrant shall immediately surrender his or
her license or registration to the Department. If the
licensee or registrant fails to do so, the Department has the
right to seize the license or registration.
(225 ILCS 105/17.9 new)
Sec. 17.9. Summary suspension of a license or
registration. The Director may summarily suspend a license or
registration without a hearing if the Director finds that
evidence in the Director's possession indicates that the
continuation of practice would constitute an imminent danger
to the public or the individual involved. If the Director
summarily suspends the license or registration without a
hearing, a hearing must be commenced within 30 days after the
suspension has occurred and concluded as expeditiously as
practical.
(225 ILCS 105/17.10 new)
Sec. 17.10. Administrative review; venue.
(a) All final administrative decisions of the Department
are subject to judicial review under the Administrative
Review Law and its rules. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil
Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying
for review resides, but if the party is not a resident of
Illinois, the venue shall be in Sangamon County.
(225 ILCS 105/17.11 new)
Sec. 17.11. Certifications of record; costs. The
Department shall not be required to certify any record to the
court, to file an answer in court, or to otherwise appear in
any court in a judicial review proceeding unless there is
filed in the court, with the complaint, a receipt from the
Department acknowledging payment of the costs of furnishing
and certifying the record, which costs shall be determined by
the Department. Failure on the part of the plaintiff to file
the receipt in court is grounds for dismissal of the action.
(225 ILCS 105/17.12 new)
Sec. 17.12. Consent order. At any point in the
proceedings, both parties may agree to a negotiated consent
order. The consent order shall be final upon signature of the
Director.
(225 ILCS 105/18) (from Ch. 111, par. 5018)
Sec. 18. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons promoting or participating in a contest
or exhibition or any person holding or claiming to hold a
license or registration. The Department shall, before
revoking, suspending, placing on probation, reprimanding, or
taking any other disciplinary action under this Act, at least
30 days before the date set for the hearing, (i) notify the
accused in writing of the charges made and the time and place
for the hearing on the charges, (ii) direct him or her to
file a written answer to the charges with the Board under
oath within 20 days after the service on him or her of the
notice, and (iii) inform the accused that, if he or she fails
to answer, default will be taken against him or her or that
his or her license or registration may be suspended, revoked,
or placed on probationary status or that other disciplinary
action may be taken with regard to the license or
registration, including limiting the scope, nature, or extent
of his or her practice, as the Department may consider
proper. At the time and place fixed in the notice, the Board
shall proceed to hear the charges, and the parties or their
counsel shall be accorded ample opportunity to present any
pertinent statements, testimony, evidence, and arguments. The
Board may continue the hearing from time to time. In case the
person, after receiving the notice, fails to file an answer,
his or her license or registration may, in the discretion of
the Department, be suspended, revoked, or placed on
probationary status or the Department may take whatever
disciplinary action considered proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for that action under
this Act. The written notice may be served by personal
delivery or by certified mail to the address specified by the
accused in his or her last notification with the Department.
If the Department refuses to grant a license or a permit to
an applicant, the applicant, at his option, shall be entitled
to a hearing before the Board.
(Source: P.A. 82-522.)
(225 ILCS 105/19) (from Ch. 111, par. 5019)
Sec. 19. Findings and recommendations. At the conclusion
of the hearing, the Board shall present to the Director a
written report of its findings, conclusions of law, and
recommendations. The report shall contain a finding of
whether the accused person violated this Act or its rules or
failed to comply with the conditions required in this Act or
its rules. The Board shall specify the nature of any
violations or failure to comply and shall make its
recommendations to the Director. In making recommendations
for any disciplinary actions, the Board may take into
consideration all facts and circumstances bearing upon the
reasonableness of the conduct of the accused and the
potential for future harm to the public including, but not
limited to, previous discipline of the accused by the
Department, intent, degree of harm to the public and
likelihood of harm in the future, any restitution made by the
accused, and whether the incident or incidents contained in
the complaint appear to be isolated or represent a continuing
pattern of conduct. In making its recommendations for
discipline, the Board shall endeavor to ensure that the
severity of the discipline recommended is reasonably related
to the severity of the violation.
The report of findings of fact, conclusions of law, and
recommendation of the Board shall be the basis for the
Department's order refusing to issue, restore, or renew a
license or registration, or otherwise disciplining a licensee
or registrant. If the Director disagrees with the
recommendations of the Board, the Director may issue an order
in contravention of the Board recommendations. The Director
shall provide a written report to the Board on any
disagreement and shall specify the reasons for the action in
the final order. The finding is not admissible in evidence
against the person in a criminal prosecution brought for a
violation of this Act, but the hearing and finding are not a
bar to a criminal prosecution brought for a violation of this
Act. At the conclusion of the hearing the board shall present
to the Director a written report of its finding and
recommendation. The report shall contain a finding whether
or not the accused person violated this Act or failed to
comply with the conditions required in this Act. The Board
shall specify the nature of the violation or failure to
comply, and shall make its recommendations to the Director. A
copy of such report shall be served upon the accused, either
personally or by registered or certified mail. Within 20
days after such service, the accused may present to the
Department his or her motion in writing for a rehearing,
specifying the particular ground for rehearing. If the
accused orders and pays for a transcript of the record, the
time elapsing thereafter and before such transcript is ready
for delivery to him or her shall not be counted as part of
such 20 days.
The report of findings and recommendation of the board
shall be the basis for the Department's order of refusal or
for the granting of a license or permit. The finding is not
admissible in evidence against the person in a criminal
prosecution brought for the violation of this Act, but the
hearing and finding are not a bar to a criminal prosecution
brought for the violation of this Act.
(Source: P.A. 86-615.)
(225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
Sec. 19.1. Appointment of a hearing officer. The
Director has the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any action for refusal to issue,
restore, or renew a license or certificate of registration or
discipline of a licensee or registrant certificate holder.
The hearing officer has full authority to conduct the
hearing. The hearing officer shall report his findings of
fact, conclusions of law, and recommendations to the Board
and the Director. The Board shall have has 60 days from
receipt of the report to review the report of the hearing
officer and present its findings of fact, conclusions of law
and recommendations to the Director. If the Board fails to
present its report within the 60 day period, the Director may
shall issue an order based on the report of the hearing
officer. If the Director determines that the Board's report
is contrary to the manifest weight of the evidence, he may
issue an order in contravention of the recommendation Board's
report. The Director shall promptly provide a written report
of the Board on any deviation and shall specify the reasons
for the action in the final order.
(Source: P.A. 86-615.)
(225 ILCS 105/19.2 new)
Sec. 19.2. Subpoenas; depositions; oaths. The Department
has the power to subpoena and to bring before it any person
and to take testimony either orally or by deposition, or
both, with the same fees and mileage and in the same manner
as prescribed in civil cases in the courts of this State.
The Director, the designated hearing officer, and every
member of the Board has the power to administer oaths to
witnesses at any hearing that the Department is authorized to
conduct and any other oaths authorized in any Act
administered by the Department.
(225 ILCS 105/19.3 new)
Sec. 19.3. Compelling testimony. Any circuit court, upon
application of the Department, designated hearing officer, or
the applicant, licensee, or registrant against whom
proceedings under this Act are pending, may enter an order
requiring the attendance of witnesses and their testimony and
the production of documents, papers, files, books, and
records in connection with any hearing or investigation. The
court may compel obedience to its order by proceedings for
contempt.
(225 ILCS 105/19.4 new)
Sec. 19.4. Director; rehearing. Whenever the Director
believes that justice has not been done in the revocation,
suspension, refusal to issue, restore, or renew a license or
registration, or other discipline of an applicant, licensee,
or registrant, he or she may order a rehearing by the same or
other examiners.
(225 ILCS 105/19.5 new)
Sec. 19.5. Order or certified copy; prima facie proof. An
order or certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, is
prima facie proof that:
(1) the signature is the genuine signature of the
Director;
(2) the Director is duly appointed and qualified;
and
(3) the Board and its members are qualified to act.
(225 ILCS 105/21) (from Ch. 111, par. 5021)
Sec. 21. Injunctive action; cease and desist order.
(a) If a person violates the provisions of this Act, the
Director, in the name of the People of the State of Illinois,
through the Attorney General or the State's Attorney of the
county in which the violation is alleged to have occurred,
may petition for an order enjoining the violation or for an
order enforcing compliance with this Act. Upon the filing of
a verified petition, the court with appropriate jurisdiction
may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin the
violation. If it is established that the person has violated
or is violating the injunction, the court may punish the
offender for contempt of court. Proceedings under this
Section are in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue
a rule to show cause why an order to cease and desist should
not be entered against that person. The rule shall clearly
set forth the grounds relied upon by the Department and shall
allow at least 7 days from the date of the rule to file an
answer satisfactory to the Department. Failure to answer to
the satisfaction of the Department shall cause an order to
cease and desist to be issued. Engaging in athletic events by
any licensed or unlicensed person in violation of this Act is
declared to be inimical to the public welfare and to be a
public nuisance. The Department may conduct hearings and
issue cease and desist orders with respect to persons engaged
in activities prohibited by this Act. Any person in
violation of a cease and desist order entered by the
Department shall be subject to a civil penalty payable to the
party injured by the violation in an amount up to $10,000.
Also, an action to enjoin any person from such unlawful
activity may be maintained in the name of the People of the
State of Illinois by the Attorney General, by the State's
Attorney of the county in which the action is brought, by the
Department or by any resident citizen. This remedy shall be
in addition to other remedies provided for violation of this
Act.
(Source: P.A. 82-522.)
(225 ILCS 105/23) (from Ch. 111, par. 5023)
Sec. 23. Fees. The fees for the administration and
enforcement of this Act including, but not limited to,
original licensure or registration, renewal, and restoration
shall be set by rule. The following fees shall are not be
refundable.:
1. The fee for a permit to hold an athletic event shall
be $25.
2. The fee for a license as a boxing promoter shall be
$300 and the fee for renewal shall be calculated at the rate
of $150 per year.
3. The fee for a license as a boxing promoter shall be
$300 and the fee for renewal shall be calculated at the rate
of $150 per year.
4. The fee for a license as boxing contestant shall be
$20 and the fee for renewal shall be calculated at the rate
of $10 per year.
5. The fee for a license as a referee shall be $100 and
the fee for renewal shall be calculated at the rate of $50
per year.
6. The fee for a license as a judge shall be $10 and the
fee for renewal shall be calculated at the rate of $5 per
year.
7. The fee for a license as a manager shall be $50 and
the fee for renewal shall be calculated at the rate of $25
per year.
8. The fee for a license as a trainer (second) shall be
$10, and the fee for renewal shall be calculated at the rate
of $5 per year.
9. The fee for a license as a timekeeper shall be $50
and the fee for renewal shall be calculated at the rate of
$25 per year.
10. The fee for a registration of a wrestling promoter
shall be $300 and the fee for renewal shall be calculated at
the rate of $150 per year.
(Source: P.A. 82-522; revised 10-28-98.)
(225 ILCS 105/25.1 new)
Sec. 25.1. Medical Suspension. A licensee who is
determined by the examining physician to be unfit to compete
or officiate shall be immediately suspended until it is shown
that he or she is fit for further competition or officiating.
If the licensee disagrees with a medical suspension set at
the discretion of the ringside physician, he or she may
request a hearing to show proof of fitness. The hearing shall
be provided at the earliest opportunity after the Department
receives a written request from the licensee.
If the referee has rendered a decision of technical
knockout against a boxing contestant or if the contestant is
knocked out other than by a blow to the head, the boxing
contestant shall be immediately suspended for a period of not
less than 30 days.
If the boxing contestant has been knocked out by a blow
to the head, he or she shall be suspended immediately for a
period of not less than 45 days.
Prior to reinstatement, any boxing contestant suspended
for his or her medical protection shall satisfactorily pass a
medical examination upon the direction of the Department. The
examining physician may require any necessary medical
procedures during the examination.
(225 ILCS 105/3 rep.)
(225 ILCS 105/4 rep.)
(225 ILCS 105/9 rep.)
Section 10. The Professional Boxing and Wrestling Act is
amended by repealing Sections 3, 4, and 9.
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