State of Illinois
92nd General Assembly

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 1        AN ACT in relation to professional boxing.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 1. Continuation; validation.
 5        (a)  The General Assembly finds and declares that:
 6             (1)  Section  4.12  of  the  Regulatory  Sunset  Act
 7        provided  for  the  repeal of the Professional Boxing and
 8        Wrestling Act on December 31, 2001.
 9             (2)  House Bill 2565 of the  92nd  General  Assembly
10        included  a  provision that amended the Regulatory Sunset
11        Act  by  deleting  the  provision   that   repealed   the
12        Professional  Boxing  and  Wrestling  Act on December 31,
13        2001. It was the intent of the General Assembly to  amend
14        the  Regulatory  Sunset  Act to provide for the repeal of
15        the Professional Boxing Act on January 1, 2012,  as  well
16        as  to amend the Professional Boxing and Wrestling Act by
17        changing the short title of the Act to  the  Professional
18        Boxing  Act  and changing various provisions of that Act.
19        House Bill 2565 was approved by the Governor on  December
20        18,  2001  and took effect on January 1, 2002. House Bill
21        2565 became Public Act 92-499.
22             (3)  The Statute  on  Statutes  sets  forth  general
23        rules  on  the  repeal of statutes, but Section 1 of that
24        Act also states that these rules  will  not  be  observed
25        when  the result would be "inconsistent with the manifest
26        intent of  the  General  Assembly  or  repugnant  to  the
27        context of the statute".
28             (4)  The  actions  of  the  General Assembly clearly
29        manifest the intention of the General Assembly to  change
30        the  repeal date of the Professional Boxing Act, formerly
31        the Professional Boxing and Wrestling Act, to January  1,
32        2012.  Any construction of Public Act 92-499 that results
                            -2-                LRB9211384WHmb
 1        in the repeal of the Professional  Boxing  and  Wrestling
 2        Act  on  December 31, 2001 would be inconsistent with the
 3        manifest intent of the General Assembly.
 4        (b)  It is hereby declared to have been the intent of the
 5    General Assembly, in enacting Public  Act  92-499,  that  the
 6    Regulatory  Sunset Act be changed to make January 1, 2012 the
 7    repeal date of the  Professional  Boxing  Act,  formerly  the
 8    Professional   Boxing   and   Wrestling  Act,  and  that  the
 9    Professional  Boxing  and  Wrestling  Act  therefore  not  be
10    subject to repeal on December 31, 2001.
11        (c)  The   Professional   Boxing   Act,   formerly    the
12    Professional Boxing and Wrestling Act, is deemed to have been
13    in  continuous  effect since its original effective date, and
14    it shall continue to be  in  effect  until  it  is  otherwise
15    repealed.
16        (d)  All otherwise lawful actions taken in reliance on or
17    pursuant   to  the  Professional  Boxing  Act,  formerly  the
18    Professional Boxing and Wrestling Act, before  the  effective
19    date of this Act by any officer or agency of State government
20    or any other person or entity are validated.
21        (e)  To   ensure  the  continuing  effectiveness  of  the
22    Professional Boxing Act, formerly the Professional Boxing and
23    Wrestling Act, it is set forth in full and re-enacted by this
24    Act. This re-enactment is intended as a continuation  of  the
25    Professional Boxing Act, formerly the Professional Boxing and
26    Wrestling  Act. It is not intended to supersede any amendment
27    to the Professional Boxing  Act,  formerly  the  Professional
28    Boxing  and  Wrestling  Act,  that  is enacted by the General
29    Assembly. This Act also amends  relevant  provisions  of  the
30    Regulatory Sunset Act to make January 1, 2012 the repeal date
31    of the Professional Boxing Act.
32        (f)  This   Act  applies  to  all  claims,  actions,  and
33    proceedings pending on or filed  on,  before,  or  after  the
34    effective date of this Act.
                            -3-                LRB9211384WHmb
 1        Section  10.  The  Professional  Boxing Act, formerly the
 2    Professional Boxing  and  Wrestling  Act,  is  re-enacted  as
 3    follows:

 4        (225 ILCS 105/Act title)
 5        An Act in relation to professional boxing.

 6        (225 ILCS 105/0.05)
 7        (Section scheduled to be repealed on January 1, 2012)
 8        Sec.  0.05.   Declaration  of public policy. Professional
 9    boxing in the State of Illinois is hereby declared to  affect
10    the  public  health, safety, and welfare and to be subject to
11    regulation and control in the public interest. It is  further
12    declared  to  be a matter of public interest and concern that
13    boxing, as  defined  in  this  Act,  merit  and  receive  the
14    confidence  of  the public and that only qualified persons be
15    authorized to participate in boxing contests in the State  of
16    Illinois. This Act shall be liberally construed to best carry
17    out these objects and purposes.
18    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

19        (225 ILCS 105/1) (from Ch. 111, par. 5001)
20        (Section scheduled to be repealed on January 1, 2012)
21        Sec. 1. Short title and definitions.
22        (a)  This  Act  may  be  cited as the Professional Boxing
23    Act.
24        (b)  As used in this Act:
25             1.  "Department"    means    the    Department    of
26        Professional Regulation.
27             2.  "Director" means the  Director  of  Professional
28        Regulation.
29             3.  "Board"  means  the  State  Professional  Boxing
30        Board appointed by the Director.
31             4.  "License"  means  the  license issued for boxing
                            -4-                LRB9211384WHmb
 1        promoters, contestants, or officials in  accordance  with
 2        this Act.
 3             5.  (Blank).
 4             6.  "Boxing  Contests"  include  professional boxing
 5        matches and exhibitions.
 6             7.  (Blank).
 7             8.  (Blank).
 8             9.  "Permit"  means  the  authorization   from   the
 9        Department  to  a promoter to conduct professional boxing
10        contests.
11             10.  "Promoter" means a person who is  licensed  and
12        who   holds  a  permit  to  conduct  professional  boxing
13        contests.
14             11.  Unless   the   context   indicates   otherwise,
15        "person"   includes    an    association,    partnership,
16        corporation, gymnasium, or club.
17             12.  (Blank).
18             13.  "Ultimate  fighting exhibition" has the meaning
19        given by rule adopted by  the  Department  in  accordance
20        with Section 7.5.
21             14.  "Professional boxer" means a person licensed by
22        the  Department who competes for a money prize, purse, or
23        other  type  of  compensation  in   a   boxing   contest,
24        exhibition, or match held in Illinois.
25             15.  "Judge"   means   a   person  licensed  by  the
26        Department who is at ringside during a boxing  match  and
27        who  has the responsibility of scoring the performance of
28        the participants in the contest.
29             16.  "Referee"  means  a  person  licensed  by   the
30        Department  who  has  the general supervision of a boxing
31        contest and is present inside  of  the  ring  during  the
32        contest.
33             17.  "Amateur" means a person who has never received
34        or  competed  for  any  purse  or other article of value,
                            -5-                LRB9211384WHmb
 1        either for participating in any boxing contest or for the
 2        expenses of training therefor, other than  a  prize  that
 3        does not exceed $50 in value.
 4             18.  "Contestant"    means    an    individual   who
 5        participates in a boxing contest.
 6             19.  "Second"  means  a  person  licensed   by   the
 7        Department  who  is  present  at  any  boxing  contest to
 8        provide assistance  or  advice  to  a  boxer  during  the
 9        contest.
10             20.  "Matchmaker"  means  a  person  licensed by the
11        Department who brings  together  professional  boxers  or
12        procures matches or contests for professional boxers.
13             21.  "Manager"   means  a  person  licensed  by  the
14        Department who is not a promoter and who, under contract,
15        agreement,  or  other   arrangement   with   any   boxer,
16        undertakes   to,   directly  or  indirectly,  control  or
17        administer the boxing affairs of boxers.
18             22.  "Timekeeper" means a  person  licensed  by  the
19        Department  who  is  the  official timer of the length of
20        rounds and the intervals between the rounds.
21             23.  "Purse" means the financial  guarantee  or  any
22        other    remuneration    for    which   contestants   are
23        participating in a boxing contest.
24             24.  "Physician" means a person licensed to practice
25        medicine in all its branches under the  Medical  Practice
26        Act of 1987.
27    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

28        (225 ILCS 105/2) (from Ch. 111, par. 5002)
29        (Section scheduled to be repealed on January 1, 2012)
30        Sec.   2.  State  Professional  Boxing  Board.  There  is
31    created the State Professional Boxing Board consisting  of  6
32    persons  who  shall  be  appointed  by  and shall serve in an
33    advisory capacity to the Director.  One shall be a  physician
                            -6-                LRB9211384WHmb
 1    licensed  to  practice  medicine  in all of its branches. The
 2    Director shall appoint each member to serve for a term  of  3
 3    years  and  until  his  or  her  successor  is  appointed and
 4    qualified. One member of the board shall be designated as the
 5    Chairperson  and  one  member  shall  be  designated  as  the
 6    Vice-chairperson. No member shall be appointed to  the  Board
 7    for  a  term  which would cause continuous service to be more
 8    than 9 years. Service prior to January 1, 2000 shall  not  be
 9    considered  in  calculating  length  of service on the Board.
10    Each member of the board shall receive compensation for  each
11    day  he  or she is engaged in transacting the business of the
12    board and, in addition, shall be reimbursed for  his  or  her
13    authorized  and  approved  expenses  necessarily  incurred in
14    relation to  such  service  in  accordance  with  the  travel
15    regulations  applicable  to  the  Department  at the time the
16    expenses are incurred.
17        A  majority  of  the  current  members  appointed   shall
18    constitute a quorum.
19        The members of the Board shall be immune from suit in any
20    action  based upon any disciplinary proceedings or other acts
21    performed in good faith as members of the Board.
22        The Director may remove  any  member  of  the  Board  for
23    misconduct,  incapacity,  or  neglect  of  duty. The Director
24    shall reduce to writing any causes for removal.
25    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

26        (225 ILCS 105/5) (from Ch. 111, par. 5005)
27        (Section scheduled to be repealed on January 1, 2012)
28        Sec. 5.  The Department shall exercise,  but  subject  to
29    the  provisions of this Act, the following functions, powers,
30    and duties: (a) to ascertain the qualifications  and  fitness
31    of  applicants  for  licenses  and  permits; (b) to prescribe
32    rules and regulations for the administration of the Act;  (c)
33    to conduct hearings on proceedings to refuse to issue, refuse
                            -7-                LRB9211384WHmb
 1    to  renew,  revoke, suspend, or subject to reprimand licenses
 2    or permits under this Act; and (d)  to  revoke,  suspend,  or
 3    refuse issuance or renewal of such licenses or permits.
 4    (Source: P.A. 92-499, eff. 1-1-02.)

 5        (225 ILCS 105/6) (from Ch. 111, par. 5006)
 6        (Section scheduled to be repealed on January 1, 2012)
 7        Sec.  6.  Prohibitions.  All boxing matches, contests, or
 8    exhibits in which physical contact is made including, but not
 9    limited to, "ultimate fighting exhibitions",  are  prohibited
10    in   Illinois  unless  authorized  by  the  Department.  This
11    provision does not apply to the following:
12             (1)   Boxing  contests  or   wrestling   exhibitions
13        conducted  by  accredited  secondary schools, colleges or
14        universities,   although   a   fee   may   be    charged.
15        Institutions   organized   to   furnish   instruction  in
16        athletics are not included in this exemption.
17             (2)   Amateur  boxing  matches  sanctioned  by   the
18        United  States  Amateur Boxing Federation, Inc. or Golden
19        Gloves of America,  amateur  wrestling  exhibitions,  and
20        amateur or professional martial arts or kick boxing.
21    (Source: P.A. 91-408, eff. 1-1-00.)

22        (225 ILCS 105/7) (from Ch. 111, par. 5007)
23        (Section scheduled to be repealed on January 1, 2012)
24        Sec.  7.   In  order  to conduct a boxing contest in this
25    State, a  promoter  shall  obtain  a  permit  issued  by  the
26    Department  in  accordance  with  this  Act and the rules and
27    regulations adopted  pursuant  thereto.   This  permit  shall
28    authorize  one  or  more  contests  or  exhibitions. A permit
29    issued under this Act is not transferable.
30    (Source: P.A. 92-499, eff. 1-1-02.)

31        (225 ILCS 105/7.5)
                            -8-                LRB9211384WHmb
 1        (Section scheduled to be repealed on January 1, 2012)
 2        Sec. 7.5. Ultimate fighting exhibitions.
 3        (a)  The General Assembly finds and declares that:
 4             (1)  The entertainment spectacle commonly  known  as
 5        "ultimate  fighting"  is  a  violent  exhibition  that is
 6        excessively   and   unacceptably   dangerous    to    the
 7        participants.    "Ultimate fighting" includes exhibitions
 8        of the same  nature  even  though  a  different  name  is
 9        applied to this event.
10             (2)  Unlike  the  sports of boxing and wrestling, in
11        which serious or permanent injury is largely  preventable
12        and  occurs  only occasionally as an incidental result of
13        the athletic contest, ultimate fighting  is  intended  by
14        its   promoters   to  produce  serious  injury  in  every
15        exhibition and is widely and specifically advertised  and
16        promoted  as  being  the  most  dangerous of all fighting
17        exhibitions.
18             (3)  The  lack  of   appropriate   restrictions   on
19        dangerous  blows  or  life-threatening  maneuvers and the
20        matching of  participants  with  incompatible  styles  of
21        fighting make it difficult or impossible for the State to
22        regulate  ultimate  fighting in a way that can reasonably
23        protect the safety of the participants.
24             (4)  It is therefore an appropriate exercise of  the
25        police  power  of  the State and necessary for the public
26        safety and the common good to prohibit ultimate  fighting
27        exhibitions in this State.
28        (b)  The  Department,  in  consultation  with  the  State
29    Boxing  and  Wrestling  Board, shall adopt rules defining the
30    term "ultimate fighting exhibition" and  distinguishing  such
31    exhibitions from the legitimate boxing and wrestling contests
32    permitted  under  this Act and the exhibitions or contests of
33    the martial arts and  other  sports  that  are  traditionally
34    conducted  with  respect for the safety and protection of the
                            -9-                LRB9211384WHmb
 1    participants.
 2        (c)  No person may hold, promote, or participate  in  any
 3    ultimate fighting exhibition in this State.
 4    (Source: P.A. 91-408, eff. 1-1-00.)

 5        (225 ILCS 105/8) (from Ch. 111, par. 5008)
 6        (Section scheduled to be repealed on January 1, 2012)
 7        Sec. 8. Permits.
 8        (a)  A promoter who desires to obtain a permit to conduct
 9    a  boxing  contest  shall apply to the Department at least 20
10    days prior to the event, in writing, on  forms  furnished  by
11    the  Department.  The application shall be accompanied by the
12    required  fee  and  shall  contain  at  least  the  following
13    information:
14             (1)  the names and addresses of the promoter;
15             (2)  the name of the matchmaker;
16             (3)  the time  and  exact  location  of  the  boxing
17        contest;
18             (4)  the  seating capacity of the building where the
19        event is to be held;
20             (5)  a copy of the lease or proof  of  ownership  of
21        the building where the event is to be held;
22             (6)  the admission charge or charges to be made; 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 boxing contests 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.
30        (b)  After the initial application and within 10 days  of
31    a  scheduled event, a promoter shall submit to the Department
32    all of the following information:
33             (1)  The amount of compensation to be paid  to  each
                            -10-               LRB9211384WHmb
 1        participant.
 2             (2)  The names of the contestants.
 3             (3)  Proof  of  insurance  for not less than $10,000
 4        for each contestant participating in a boxing contest  or
 5        exhibition.
 6        Insurance  required under this subsection shall cover (i)
 7    hospital, medication, physician, and other such  expenses  as
 8    would accrue in the treatment of an injury as a result of the
 9    boxing  contest  or exhibition and (ii) payment to the estate
10    of the contestant in the event of  his  or  her  death  as  a
11    result  of  his or her participation in the boxing contest or
12    exhibition.
13        (c)  All  boxing   promoters   shall   provide   to   the
14    Department,  at  least  24 hours prior to commencement of the
15    event, the amount of the purse to be paid for the event.  The
16    Department shall promulgate rules for payment of the purse.
17        (d)  The  boxing  contest  shall be held in an area where
18    adequate neurosurgical facilities are  immediately  available
19    for  skilled  emergency  treatment of an injured boxer. It is
20    the  responsibility  of  the  promoter  to  ensure  that  the
21    building to be used for the event  complies  with  all  laws,
22    ordinances,  and  regulations  in  the city, town, or village
23    where the boxing contest is to be held.  The  Department  may
24    issue  a permit to any promoter who meets the requirements of
25    this Act and the rules. The permit shall only be issued for a
26    specific date and location of a boxing contest and shall  not
27    be  transferable. In an emergency, the Department may allow a
28    promoter to amend a  permit  application  to  hold  a  boxing
29    contest   in   a  different  location  than  the  application
30    specifies  and  may  allow   the   promoter   to   substitute
31    contestants.
32        (e)  The  Department  shall  be responsible for assigning
33    the judge,  timekeepers,  referees,  physician,  and  medical
34    personnel   for   a   boxing   contest.   It   shall  be  the
                            -11-               LRB9211384WHmb
 1    responsibility of the promoter  to  cover  the  cost  of  the
 2    individuals utilized at a boxing contest.
 3    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

 4        (225 ILCS 105/10) (from Ch. 111, par. 5010)
 5        (Section scheduled to be repealed on January 1, 2012)
 6        Sec.  10.  Who must be licensed.  In order to participate
 7    in  boxing  contests  the  following  persons  must  each  be
 8    licensed and  in  good  standing  with  the  Department:  (a)
 9    promoters,  (b)  contestants,  (c) seconds, (d) referees, (e)
10    judges, (f) managers, (g) matchmakers, and (h) timekeepers.
11        Announcers may participate  in  boxing  contests  without
12    being   licensed   under   this   Act.    It   shall  be  the
13    responsibility of the  promoter  to  ensure  that  announcers
14    comply   with   the   Act,  and  all  rules  and  regulations
15    promulgated pursuant to this Act.
16        A licensed  promoter  may  not  act  as,  and  cannot  be
17    licensed  as, a second, boxer, referee, timekeeper, judge, or
18    manager. If he  or  she  is  so  licensed,  he  or  she  must
19    relinquish  any  of  these  licenses  to  the  Department for
20    cancellation. A person possessing a valid promoter's  license
21    may act as a matchmaker.
22    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

23        (225 ILCS 105/10.5)
24        (Section scheduled to be repealed on January 1, 2012)
25        Sec.   10.5.  Unlicensed   practice;   violation;   civil
26    penalty.
27        (a)  Any   person  who  practices,  offers  to  practice,
28    attempts to practice, or holds oneself out to practice  as  a
29    promoter,  professional  boxer,  contestant, second, referee,
30    judge,  manager,  matchmaker,  or  timekeeper  without  being
31    licensed under this Act  shall,  in  addition  to  any  other
32    penalty   provided  by  law,  pay  a  civil  penalty  to  the
                            -12-               LRB9211384WHmb
 1    Department in an amount not to exceed $5,000 for each offense
 2    as determined by the Department. The civil penalty  shall  be
 3    assessed  by  the  Department  after  a  hearing  is  held in
 4    accordance  with  the  provisions  set  forth  in  this   Act
 5    regarding  the provision of a hearing for the discipline of a
 6    licensee.
 7        (b)  The  Department  has  the  authority  and  power  to
 8    investigate any and all unlicensed activity.
 9        (c)  The civil penalty shall be paid within 60 days after
10    the effective date of the order imposing the  civil  penalty.
11    The  order  shall  constitute a judgment and may be filed and
12    execution had thereon in the same manner as any judgment from
13    any court of record.
14    (Source: P.A. 91-408, eff. 1-1-00.)

15        (225 ILCS 105/11) (from Ch. 111, par. 5011)
16        (Section scheduled to be repealed on January 1, 2012)
17        Sec. 11.  Qualifications  for  license.   The  Department
18    shall   grant  licenses  to  the  following  persons  if  the
19    following qualifications are met:
20        (A)  An applicant for licensure  as  a  contestant  in  a
21    boxing  contest  must:  (1)  be  18 years old, (2) be of good
22    moral  character,  (3)  file  an  application   stating   the
23    applicant's  correct name (and no assumed or ring name may be
24    used unless such name is registered with the Department along
25    with the applicant's correct name), date and place of  birth,
26    place  of current residence, and a sworn statement that he is
27    not currently in violation of any  federal,  State  or  local
28    laws  or  rules governing boxing, (4) file a certificate of a
29    physician  licensed  to  practice  medicine  in  all  of  its
30    branches which attests that the applicant is  physically  fit
31    and  qualified to participate in boxing contests, and (5) pay
32    the required fee and meet any other requirements.  Applicants
33    over  age  35  who  have not competed in a contest within the
                            -13-               LRB9211384WHmb
 1    last 36 months may be required to appear before the Board  to
 2    determine  their  fitness  to  participate  in  a  contest. A
 3    picture identification card shall be  issued  to  all  boxers
 4    licensed  by  the Department who are residents of Illinois or
 5    who are residents of any jurisdiction, state, or country that
 6    does not regulate  professional  boxing.  The  identification
 7    card   shall   be   presented   to   the  Department  or  its
 8    representative upon request at weigh-ins.
 9        (B)  An applicant for  licensure  as  a  boxing  referee,
10    judge,  manager,  second, matchmaker, or timekeeper must: (1)
11    be of good moral character, (2) file an  application  stating
12    the  applicant's  name, date and place of birth, and place of
13    current residence along with a certifying statement  that  he
14    is not currently in violation of any federal, State, or local
15    laws  or  rules  governing  boxing, (3) have had satisfactory
16    experience in his field, (4) pay the required  fee,  and  (5)
17    meet any other requirements as determined by rule.
18        (C)  An  applicant  for  licensure  as  a boxing promoter
19    must: (1) be of good moral character, (2) file an application
20    with the Department stating the applicant's  name,  date  and
21    place  of  birth,  place  of  current  residence along with a
22    certifying statement that he is not currently in violation of
23    any federal, State, or local laws or rules governing  boxing,
24    (3)  provide proof of a surety bond of no less than $5,000 to
25    cover financial obligations pursuant to this Act, payable  to
26    the  Department  and  conditioned  for the payment of the tax
27    imposed by this Act and compliance  with  this  Act  and  the
28    rules  promulgated  pursuant  to  this  Act,  (4)  provide  a
29    financial   statement,   prepared   by   a  certified  public
30    accountant, showing liquid  working  capital  of  $10,000  or
31    more,  or  a $10,000 performance bond guaranteeing payment of
32    all obligations relating to the promotional  activities,  and
33    (5) pay the required fee and meet any other requirements.
34        In  determining  good moral character, the Department may
                            -14-               LRB9211384WHmb
 1    take  into  consideration  any  violation  of  any   of   the
 2    provisions   of  Section  16  of  this  Act  and  any  felony
 3    conviction of the applicant, but such a conviction shall  not
 4    operate  as  a bar to licensure. No license issued under this
 5    Act is transferable.
 6        The Department may issue temporary licenses  as  provided
 7    by rule.
 8    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

 9        (225 ILCS 105/12) (from Ch. 111, par. 5012)
10        (Section scheduled to be repealed on January 1, 2012)
11        Sec.  12.  Boxing contests.  Each boxing contestant shall
12    be examined before entering the ring  and  immediately  after
13    each  contest by a physician licensed to practice medicine in
14    all of its branches. The physician shall determine, prior  to
15    the  contest,  if each contestant is physically fit to engage
16    in the contest. After the contest the physician shall examine
17    the  contestant  to  determine  possible   injury.   If   the
18    contestant's  physical  condition so indicates, the physician
19    shall  recommend  to   the   Department   immediate   medical
20    suspension.  The  physician  may,  at  any  time  during  the
21    contest,  stop  the contest to examine a boxer, and terminate
22    the contest when, in the physician's opinion, continuing  the
23    contest  could  result  in  serious injury to the boxer.  The
24    physician shall certify to the condition of the contestant in
25    writing, over his signature on blank forms  provided  by  the
26    Department. Such reports shall be submitted to the Department
27    in  a  timely  manner.  The  physician  shall  be paid by the
28    promoter a fee fixed by the  Department.  No  boxing  contest
29    shall  be  held  unless  a  physician  licensed  to  practice
30    medicine in all of its branches is in attendance.
31        No  contest shall be allowed to begin unless at least one
32    physician and 2  trained  paramedics  or  2  nurses  who  are
33    trained to administer emergency medical care are present.
                            -15-               LRB9211384WHmb
 1        No  contest  shall  be more than 12 rounds in length. The
 2    rounds shall not be more than  3  minutes  each  with  a  one
 3    minute  interval  between them, and no boxer shall be allowed
 4    to participate in more than 12 rounds within  72  consecutive
 5    hours.  At  each  boxing  contest there shall be a referee in
 6    attendance who shall direct  and  control  the  contest.  The
 7    referee,  before  each  contest,  shall learn the name of the
 8    contestant's chief second and shall  hold  the  chief  second
 9    responsible  for  the  conduct  of  his  assistant during the
10    progress of the contest.
11        There shall be 2 judges in attendance who shall render  a
12    decision  at  the  end  of  each contest. The decision of the
13    judges, taken together with the decision of the  referee,  is
14    final;  or, 3 judges shall score the contest with the referee
15    not scoring.  The method of scoring shall  be  set  forth  in
16    rules.
17        Judges,  referees,  or  timekeepers for contests shall be
18    assigned  by  the   Department.   The   Department   or   its
19    representative  shall  have  discretion  to  declare a price,
20    remuneration, or purse or any part of  it  belonging  to  the
21    contestant  withheld  if in the judgment of the Department or
22    its representative the contestant is not honestly  competing.
23    The  Department shall have the authority to prevent a contest
24    or exhibition from being held and shall have the authority to
25    stop a fight for noncompliance with any part of this  Act  or
26    rules  or  when,  in  the  judgment of the Department, or its
27    representative, continuation of the event would endanger  the
28    health, safety, and welfare of the contestants or spectators.
29    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

30        (225 ILCS 105/13) (from Ch. 111, par. 5013)
31        (Section scheduled to be repealed on January 1, 2012)
32        Sec.  13.  Tickets;  tax.   Tickets  to  boxing contests,
33    other than a boxing contest conducted  at  premises  with  an
                            -16-               LRB9211384WHmb
 1    indoor seating capacity of more than 17,000, shall be printed
 2    in  such  form as the Department shall prescribe. A certified
 3    inventory of all tickets printed for any boxing contest shall
 4    be mailed to the Department by the promoter not less  than  7
 5    days  before  the boxing contest. The total number of tickets
 6    printed shall not exceed the total seating  capacity  of  the
 7    premises  in  which  the  boxing  contest  is  to be held. No
 8    tickets of admission to any  boxing  contest,  other  than  a
 9    boxing  contest  conducted at premises with an indoor seating
10    capacity of more than 17,000,  shall  be  sold  except  those
11    declared on an official ticket inventory as described in this
12    Section.
13        A  promoter who conducts a boxing contest under this Act,
14    other than a boxing contest conducted  at  premises  with  an
15    indoor seating capacity of more than 17,000, shall, within 24
16    hours after a boxing contest: (1) furnish to the Department a
17    written  report  verified  by  the promoter or his authorized
18    designee showing the number of tickets sold  for  the  boxing
19    contest  or  the  actual  ticket  stubs and the amount of the
20    gross proceeds thereof; and (2) pay to the Department  a  tax
21    of  10% of the first $500,000 of gross receipts from the sale
22    of admission tickets, to be placed  in  the  General  Revenue
23    Fund.
24    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

25        (225 ILCS 105/14) (from Ch. 111, par. 5014)
26        (Section scheduled to be repealed on January 1, 2012)
27        Sec. 14.  Failure to report ticket sales and tax.  If the
28    permit  holder  fails to make a report as required by Section
29    13, or if such report is unsatisfactory, the  Department  may
30    examine  or cause to be examined the books and records of any
31    such holder or his  associates  or  any  other  person  as  a
32    witness  under  oath to determine the total amount of tax due
33    under this Act.
                            -17-               LRB9211384WHmb
 1        If it is determined that there has been a default in  the
 2    payment  of a tax, the promoter shall be given 20 days notice
 3    of the amount due which shall include the  expenses  incurred
 4    in making the examination.
 5        If  the  promoter does not pay the amount due he shall be
 6    disqualified from obtaining a permit under this Act  and  the
 7    Attorney  General  shall  institute  suit upon the bond filed
 8    pursuant to this Act to recover the tax or penalties  imposed
 9    by this Act.
10    (Source: P.A. 91-408, eff. 1-1-00.)

11        (225 ILCS 105/15) (from Ch. 111, par. 5015)
12        (Section scheduled to be repealed on January 1, 2012)
13        Sec.  15.  Inspectors.   The  Director may appoint boxing
14    inspectors  to   assist   the   Department   staff   in   the
15    administration  of  the Act. Each boxing instructor appointed
16    by the Director shall receive compensation for each day he or
17    she  is  engaged  in  the  transacting  of  business  of  the
18    Department. Each inspector shall carry a card issued  by  the
19    Department  to  authorize him or her to act in such capacity.
20    The inspector or inspectors shall supervise each  contest  to
21    ensure  that the provisions of the Act are strictly enforced.
22    The inspectors shall also be present at the counting  of  the
23    gross   receipts   and   shall  immediately  deliver  to  the
24    Department the official box office statement as  required  by
25    Section 13.
26    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

27        (225 ILCS 105/16) (from Ch. 111, par. 5016)
28        (Section scheduled to be repealed on January 1, 2012)
29        Sec. 16. Discipline and sanctions.
30        (a)  The  Department  may  refuse  to  issue  a permit or
31    license, refuse to renew, suspend, revoke,  reprimand,  place
32    on  probation,  or take such other disciplinary action as the
                            -18-               LRB9211384WHmb
 1    Department may deem proper, including the imposition of fines
 2    not to exceed $5,000 for each violation, with regard  to  any
 3    license for one or any combination of the following reasons:
 4             (1)  gambling,  betting or wagering on the result of
 5        or a contingency  connected  with  a  boxing  contest  or
 6        permitting such activity to take place;
 7             (2)  participating  in  or permitting a sham or fake
 8        boxing contest;
 9             (3)  holding the boxing contest at any other time or
10        place than is stated on the permit application;
11             (4)  permitting  any  contestant  other  than  those
12        stated on the permit  application  to  participate  in  a
13        boxing contest, except as provided in Section 9;
14             (5)  violation  or aiding in the violation of any of
15        the provisions of this Act or any  rules  or  regulations
16        promulgated thereto;
17             (6)  violation  of  any federal, State or local laws
18        of the United  States  or  other  jurisdiction  governing
19        boxing  contests  or  any regulation promulgated pursuant
20        thereto;
21             (7)  charging a greater rate or rates  of  admission
22        than is specified on the permit application;
23             (8)  failure  to  obtain  all the necessary permits,
24        registrations, or licenses as required under this Act;
25             (9)  failure to file the necessary bond  or  to  pay
26        the gross receipts tax as required by this Act;
27             (10)  engaging   in   dishonorable,   unethical   or
28        unprofessional  conduct of a character likely to deceive,
29        defraud or harm the public, or which  is  detrimental  to
30        honestly conducted boxing contests;
31             (11)  employment of fraud, deception or any unlawful
32        means  in  applying  for  or securing a permit or license
33        under this Act;
34             (12)  permitting a  physician  making  the  physical
                            -19-               LRB9211384WHmb
 1        examination  to knowingly certify falsely to the physical
 2        condition of a contestant;
 3             (13)  permitting  contestants  of  widely  disparate
 4        weights or abilities to engage in boxing contests;
 5             (14)  boxing while under medical suspension in  this
 6        State or in any other state, territory or country;
 7             (15)  physical  illness,  including, but not limited
 8        to, deterioration through the aging process, or  loss  of
 9        motor   skills   which   results   in  the  inability  to
10        participate in boxing contests with reasonable  judgment,
11        skill, or safety;
12             (16)  allowing  one's license or permit issued under
13        this Act to be used by another person;
14             (17)  failing, within a reasonable time, to  provide
15        any  information  requested by the Department as a result
16        of a formal or informal complaint;
17             (18)  professional incompetence;
18             (19)  failure to file a return, or to pay  the  tax,
19        penalty  or  interest  shown in a filed return, or to pay
20        any final assessment of  tax,  penalty  or  interest,  as
21        required  by  any  tax  Act  administered by the Illinois
22        Department  of  Revenue,   until   such   time   as   the
23        requirements of any such tax Act are satisfied;
24             (20)  holding  or  promoting  an  ultimate  fighting
25        exhibition,  or  participating  in  an  ultimate fighting
26        exhibition as a  promoter,  contestant,  referee,  judge,
27        scorer, manager, trainer, announcer, or timekeeper;
28             (21)  habitual  or  excessive  use  or  addiction to
29        alcohol, narcotics, stimulants,  or  any  other  chemical
30        agent or drug that results in an inability to participate
31        in an event; or
32             (22)  failure  to  stop a contest or exhibition when
33        requested to do so by the Department.
34        (b)  The determination by a circuit court that a licensee
                            -20-               LRB9211384WHmb
 1    is subject to involuntary admission or judicial admission  as
 2    provided  in the Mental Health and Developmental Disabilities
 3    Code operates as an automatic suspension. The suspension will
 4    end only upon a finding by a court that the  licensee  is  no
 5    longer   subject   to   involuntary   admission  or  judicial
 6    admission, issuance of an order so  finding  and  discharging
 7    the licensee, and upon the recommendation of the Board to the
 8    Director  that  the  licensee be allowed to resume his or her
 9    practice.
10        (c)  In enforcing this Section, the Board, upon a showing
11    of a possible violation, may compel any  individual  licensed
12    to  practice under this Act, or who has applied for licensure
13    pursuant to this Act, to  submit  to  a  mental  or  physical
14    examination,  or  both,  as required by and at the expense of
15    the  Department.  The  examining   physicians   or   clinical
16    psychologists  shall  be those specifically designated by the
17    Board. The Board or the Department may  order  the  examining
18    physician  or  clinical  psychologist  to  present  testimony
19    concerning   this  mental  or  physical  examination  of  the
20    licensee or applicant. No information shall  be  excluded  by
21    reason  of  any common law or statutory privilege relating to
22    communications between the  licensee  or  applicant  and  the
23    examining    physician    or   clinical   psychologist.   Eye
24    examinations may be provided  by  a  licensed  and  certified
25    therapeutic  optometrist.  The  individual to be examined may
26    have, at his or her own expense, another physician of his  or
27    her  choice  present  during  all aspects of the examination.
28    Failure of any individual to submit to a mental  or  physical
29    examination,  when  directed, shall be grounds for suspension
30    of a license until such time as the individual submits to the
31    examination if the Board finds,  after  notice  and  hearing,
32    that  the  refusal  to  submit to the examination was without
33    reasonable cause.
34        (d)  If the Board finds an individual unable to  practice
                            -21-               LRB9211384WHmb
 1    because  of  the reasons set forth in this Section, the Board
 2    shall require the individual to submit to  care,  counseling,
 3    or treatment by physicians or clinical psychologists approved
 4    or  designated  by  the  Board,  as  a  condition,  term,  or
 5    restriction  for continued, reinstated, or renewed licensure,
 6    or in lieu of care, counseling, or treatment, the  Board  may
 7    recommend   to   the   Department  to  file  a  complaint  to
 8    immediately suspend,  revoke,  or  otherwise  discipline  the
 9    license  of  the individual. Any individual whose license was
10    granted pursuant  to  this  Act,  or  continued,  reinstated,
11    renewed,   disciplined,   or   supervised,  subject  to  such
12    conditions, terms, or restrictions, who shall fail to  comply
13    with  such  conditions,  terms,  or  restrictions,  shall  be
14    referred  to  the  Director for a determination as to whether
15    the individual  shall  have  his  or  her  license  suspended
16    immediately, pending a hearing by the Board.
17    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

18        (225 ILCS 105/17) (from Ch. 111, par. 5017)
19        (Section scheduled to be repealed on January 1, 2012)
20        Sec.  17.  Administrative  Procedure  Act.  The  Illinois
21    Administrative  Procedure Act is hereby expressly adopted and
22    incorporated herein as if all of the provisions of  that  Act
23    were  included in this Act.  For the purposes of this Act the
24    notice required under Section  10-25  of  the  Administrative
25    Procedure  Act  is  deemed sufficient when mailed to the last
26    known address of a party.
27    (Source: P.A. 88-45.)

28        (225 ILCS 105/17.7)
29        (Section scheduled to be repealed on January 1, 2012)
30        Sec. 17.7. Restoration of suspended or  revoked  license.
31    At  any time after the suspension or revocation of a license,
32    the Department may  restore  it  to  the  licensee  upon  the
                            -22-               LRB9211384WHmb
 1    written   recommendation   of  the  Board,  unless  after  an
 2    investigation  and  a  hearing  the  Board  determines   that
 3    restoration is not in the public interest.
 4    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

 5        (225 ILCS 105/17.8)
 6        (Section scheduled to be repealed on January 1, 2012)
 7        Sec.  17.8. Surrender of license.  Upon the revocation or
 8    suspension of a license or registration, the  licensee  shall
 9    immediately  surrender  his or her license to the Department.
10    If the licensee fails to do so, the Department has the  right
11    to seize the license.
12    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

13        (225 ILCS 105/17.9)
14        (Section scheduled to be repealed on January 1, 2012)
15        Sec.  17.9. Summary suspension of a license. The Director
16    may summarily suspend a license  without  a  hearing  if  the
17    Director  finds  that  evidence  in the Director's possession
18    indicates that the continuation of practice would  constitute
19    an  imminent danger to the public or the individual involved.
20    If the Director summarily  suspends  the  license  without  a
21    hearing, a hearing must be commenced within 30 days after the
22    suspension  has  occurred  and  concluded as expeditiously as
23    practical.
24    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

25        (225 ILCS 105/17.10)
26        (Section scheduled to be repealed on January 1, 2012)
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
                            -23-               LRB9211384WHmb
 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    (Source: P.A. 91-408, eff. 1-1-00.)

 7        (225 ILCS 105/17.11)
 8        (Section scheduled to be repealed on January 1, 2012)
 9        Sec.   17.11.   Certifications   of  record;  costs.  The
10    Department shall not be required to certify any record to the
11    court, to file an answer in court, or to otherwise appear  in
12    any  court  in  a  judicial review proceeding unless there is
13    filed in the court, with the complaint, a  receipt  from  the
14    Department  acknowledging  payment of the costs of furnishing
15    and certifying the record, which costs shall be determined by
16    the Department. Failure on the part of the plaintiff to  file
17    the receipt in court is grounds for dismissal of the action.
18    (Source: P.A. 91-408, eff. 1-1-00.)

19        (225 ILCS 105/17.12)
20        (Section scheduled to be repealed on January 1, 2012)
21        Sec.   17.12.   Consent   order.  At  any  point  in  the
22    proceedings, both parties may agree to a  negotiated  consent
23    order. The consent order shall be final upon signature of the
24    Director.
25    (Source: P.A. 91-408, eff. 1-1-00.)

26        (225 ILCS 105/18) (from Ch. 111, par. 5018)
27        (Section scheduled to be repealed on January 1, 2012)
28        Sec.   18.   Investigations;   notice  and  hearing.  The
29    Department may investigate the actions of any applicant or of
30    any person or persons promoting or participating in a contest
31    or any person holding or claiming  to  hold  a  license.  The
                            -24-               LRB9211384WHmb
 1    Department  shall,  before  revoking,  suspending, placing on
 2    probation, reprimanding, or  taking  any  other  disciplinary
 3    action  under  this Act, at least 30 days before the date set
 4    for the hearing, (i) notify the accused  in  writing  of  the
 5    charges  made  and  the time and place for the hearing on the
 6    charges, (ii) direct him or her to file a written  answer  to
 7    the  charges  with  the Board under oath within 20 days after
 8    the service on him or her of the notice, and (iii) inform the
 9    accused that, if he or she fails to answer, default  will  be
10    taken  against  him  or her or that his or her license may be
11    suspended, revoked, or placed on probationary status or  that
12    other  disciplinary  action  may  be taken with regard to the
13    license, including limiting the scope, nature, or  extent  of
14    his  or  her practice, as the Department may consider proper.
15    At the time and place fixed in the notice,  the  Board  shall
16    proceed to hear the charges, and the parties or their counsel
17    shall  be accorded ample opportunity to present any pertinent
18    statements, testimony, evidence, and arguments. The Board may
19    continue the hearing from time to time. In case  the  person,
20    after  receiving  the notice, fails to file an answer, his or
21    her license may, in the  discretion  of  the  Department,  be
22    suspended,  revoked,  or placed on probationary status or the
23    Department may take whatever disciplinary  action  considered
24    proper,  including  limiting  the scope, nature, or extent of
25    the person's practice or the imposition of a fine, without  a
26    hearing,  if  the  act  or acts charged constitute sufficient
27    grounds for that action under this Act.  The  written  notice
28    may  be  served  by personal delivery or by certified mail to
29    the address specified by the  accused  in  his  or  her  last
30    notification with the Department.
31    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

32        (225 ILCS 105/19) (from Ch. 111, par. 5019)
33        (Section scheduled to be repealed on January 1, 2012)
                            -25-               LRB9211384WHmb
 1        Sec.  19. Findings and recommendations. At the conclusion
 2    of the hearing, the Board shall present  to  the  Director  a
 3    written  report  of  its  findings,  conclusions  of law, and
 4    recommendations.  The  report  shall  contain  a  finding  of
 5    whether the accused person violated this Act or its rules  or
 6    failed  to comply with the conditions required in this Act or
 7    its  rules.  The  Board  shall  specify  the  nature  of  any
 8    violations  or  failure  to  comply  and   shall   make   its
 9    recommendations  to  the  Director. In making recommendations
10    for  any  disciplinary  actions,  the  Board  may  take  into
11    consideration all facts and circumstances  bearing  upon  the
12    reasonableness   of  the  conduct  of  the  accused  and  the
13    potential for future harm to the public  including,  but  not
14    limited  to,  previous  discipline  of  the  accused  by  the
15    Department,   intent,  degree  of  harm  to  the  public  and
16    likelihood of harm in the future, any restitution made by the
17    accused, and whether the incident or incidents  contained  in
18    the complaint appear to be isolated or represent a continuing
19    pattern   of  conduct.  In  making  its  recommendations  for
20    discipline, the Board  shall  endeavor  to  ensure  that  the
21    severity  of the discipline recommended is reasonably related
22    to the severity of the violation.
23        The report of findings of fact, conclusions of  law,  and
24    recommendation  of  the  Board  shall  be  the  basis for the
25    Department's order refusing to issue,  restore,  or  renew  a
26    license,   or  otherwise  disciplining  a  licensee.  If  the
27    Director disagrees with the recommendations of the Board, the
28    Director may issue an order in  contravention  of  the  Board
29    recommendations.  The Director shall provide a written report
30    to the Board  on  any  disagreement  and  shall  specify  the
31    reasons for the action in the final order. The finding is not
32    admissible  in  evidence  against  the  person  in a criminal
33    prosecution brought for a violation  of  this  Act,  but  the
34    hearing  and  finding are not a bar to a criminal prosecution
                            -26-               LRB9211384WHmb
 1    brought for a violation of this Act.
 2    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

 3        (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
 4        (Section scheduled to be repealed on January 1, 2012)
 5        Sec.  19.1.  Appointment  of  a  hearing  officer.    The
 6    Director  has  the  authority  to  appoint  any attorney duly
 7    licensed to practice law in the State of Illinois to serve as
 8    the hearing officer in  any  action  for  refusal  to  issue,
 9    restore,  or renew a license or discipline of a licensee. The
10    hearing officer has full authority to  conduct  the  hearing.
11    The hearing officer shall report his or her findings of fact,
12    conclusions  of law, and recommendations to the Board and the
13    Director.  The Board shall have 60 days from receipt  of  the
14    report  to  review  the  report  of  the  hearing officer and
15    present  its  findings  of  fact,  conclusions  of  law   and
16    recommendations  to  the  Director.   If  the  Board fails to
17    present its report within the 60 day period, the Director may
18    issue an order based on the report of  the  hearing  officer.
19    If  the  Director  determines  that  the  Board's  report  is
20    contrary to the manifest weight of the evidence, he may issue
21    an order in contravention of the recommendation. The Director
22    shall  promptly  provide a written report of the Board on any
23    deviation and shall specify the reasons for the action in the
24    final order.
25    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

26        (225 ILCS 105/19.2)
27        (Section scheduled to be repealed on January 1, 2012)
28        Sec. 19.2. Subpoenas; depositions; oaths. The  Department
29    has  the  power to subpoena and to bring before it any person
30    and to take testimony either  orally  or  by  deposition,  or
31    both,  with  the same fees and mileage and in the same manner
32    as prescribed in civil cases in the courts of this State.
                            -27-               LRB9211384WHmb
 1        The Director, the designated hearing officer,  and  every
 2    member  of  the  Board  has  the power to administer oaths to
 3    witnesses at any hearing that the Department is authorized to
 4    conduct  and  any  other  oaths   authorized   in   any   Act
 5    administered by the Department.
 6    (Source: P.A. 91-408, eff. 1-1-00.)

 7        (225 ILCS 105/19.3)
 8        (Section scheduled to be repealed on January 1, 2012)
 9        Sec.  19.3. Compelling testimony. Any circuit court, upon
10    application of the Department, designated hearing officer, or
11    the applicant or licensee against whom proceedings under this
12    Act are pending, may enter an order requiring the  attendance
13    of  witnesses  and  their  testimony  and  the  production of
14    documents, papers, files, books, and  records  in  connection
15    with  any  hearing  or  investigation.  The  court may compel
16    obedience to its order by proceedings for contempt.
17    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

18        (225 ILCS 105/19.4)
19        (Section scheduled to be repealed on January 1, 2012)
20        Sec. 19.4.  Director; rehearing.  Whenever  the  Director
21    believes  that  justice  has not been done in the revocation,
22    suspension, refusal to issue, restore, or renew a license, or
23    other discipline of an applicant or licensee, he or  she  may
24    order a rehearing by the same or other examiners.
25    (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

26        (225 ILCS 105/19.5)
27        (Section scheduled to be repealed on January 1, 2012)
28        Sec. 19.5. Order or certified copy; prima facie proof. An
29    order  or  certified  copy  thereof,  over  the  seal  of the
30    Department and purporting to be signed by  the  Director,  is
31    prima facie proof that:
                            -28-               LRB9211384WHmb
 1             (1)  the  signature  is the genuine signature of the
 2        Director;
 3             (2) the Director is duly  appointed  and  qualified;
 4        and
 5             (3) the Board and its members are qualified to act.
 6    (Source: P.A. 91-408, eff. 1-1-00.)

 7        (225 ILCS 105/20) (from Ch. 111, par. 5020)
 8        (Section scheduled to be repealed on January 1, 2012)
 9        Sec.  20.  Stenographer;  transcript.  The Department, at
10    its expense, shall provide a stenographer to  take  down  the
11    testimony  and  preserve  a  record of all proceedings at the
12    hearing of any case wherein a license or permit is  subjected
13    to  disciplinary action. The notice of hearing, complaint and
14    all other documents in the nature of  pleadings  and  written
15    motions   filed   in   the  proceedings,  the  transcript  of
16    testimony, the report of the board  and  the  orders  of  the
17    Department  shall  be  the  record  of  the proceedings.  The
18    Department shall furnish a transcript of the  record  to  any
19    person  interested  in  the  hearing  upon payment of the fee
20    required  under  Section  2105-115  of  the   Department   of
21    Professional Regulation Law (20 ILCS 2105/2105-115).
22    (Source: P.A. 91-239, eff. 1-1-00.)

23        (225 ILCS 105/21) (from Ch. 111, par. 5021)
24        (Section scheduled to be repealed on January 1, 2012)
25        Sec. 21. Injunctive action; cease and desist order.
26        (a)  If a person violates the provisions of this Act, the
27    Director, in the name of the People of the State of Illinois,
28    through the Attorney General or the State's Attorney  of  the
29    county  in  which  the violation is alleged to have occurred,
30    may petition for an order enjoining the violation or  for  an
31    order  enforcing compliance with this Act. Upon the filing of
32    a verified petition, the court with appropriate  jurisdiction
                            -29-               LRB9211384WHmb
 1    may  issue  a  temporary restraining order, without notice or
 2    bond,  and  may  preliminarily  and  permanently  enjoin  the
 3    violation. If it is established that the person has  violated
 4    or  is  violating  the  injunction,  the court may punish the
 5    offender  for  contempt  of  court.  Proceedings  under  this
 6    Section are in addition to, and not in  lieu  of,  all  other
 7    remedies and penalties provided by this Act.
 8        (b)  Whenever, in the opinion of the Department, a person
 9    violates any provision of this Act, the Department may  issue
10    a  rule to show cause why an order to cease and desist should
11    not be entered against that person. The  rule  shall  clearly
12    set forth the grounds relied upon by the Department and shall
13    allow  at  least  7 days from the date of the rule to file an
14    answer satisfactory to the Department. Failure to  answer  to
15    the  satisfaction  of  the Department shall cause an order to
16    cease and desist to be issued.
17    (Source: P.A. 91-408, eff. 1-1-00.)

18        (225 ILCS 105/22) (from Ch. 111, par. 5022)
19        (Section scheduled to be repealed on January 1, 2012)
20        Sec. 22.  The expiration date and renewal period for each
21    license issued under this Act shall  be  set  by  rule.   The
22    holder  of  a license may renew such license during the month
23    preceding the expiration date thereof by paying the  required
24    fee.
25    (Source: P.A. 82-522.)

26        (225 ILCS 105/23) (from Ch. 111, par. 5023)
27        (Section scheduled to be repealed on January 1, 2012)
28        Sec.  23.   Fees.  The  fees  for  the administration and
29    enforcement of  this  Act  including,  but  not  limited  to,
30    original  licensure, renewal, and restoration shall be set by
31    rule.  The fees shall not be refundable.
32    (Source: P.A. 91-357,  eff.  7-29-99;  91-408,  eff.  1-1-00;
                            -30-               LRB9211384WHmb
 1    92-16, eff. 6-28-01; 92-499, eff. 1-1-02.)

 2        (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
 3        (Section scheduled to be repealed on January 1, 2012)
 4        Sec.   23.1.  Returned  checks;  fines.  Any  person  who
 5    delivers a check or other payment to the Department  that  is
 6    returned   to   the   Department   unpaid  by  the  financial
 7    institution  upon  which  it  is  drawn  shall  pay  to   the
 8    Department,  in  addition  to  the amount already owed to the
 9    Department, a fine of $50. The fines imposed by this  Section
10    are  in  addition to any other discipline provided under this
11    Act for unlicensed  practice  or  practice  on  a  nonrenewed
12    license.  The Department shall notify the person that payment
13    of fees  and  fines  shall  be  paid  to  the  Department  by
14    certified check or money order within 30 calendar days of the
15    notification.  If,  after  the expiration of 30 days from the
16    date of the notification, the person has failed to submit the
17    necessary  remittance,  the  Department  shall  automatically
18    terminate  the  license  or  deny  the  application,  without
19    hearing. If, after termination or denial, the person seeks  a
20    license,  he  or  she  shall  apply  to  the  Department  for
21    restoration  or  issuance of the license and pay all fees and
22    fines due to the Department. The Department may  establish  a
23    fee for the processing of an application for restoration of a
24    license  to  pay all expenses of processing this application.
25    The Director may waive the fines due under  this  Section  in
26    individual  cases  where  the  Director  finds that the fines
27    would be unreasonable or unnecessarily burdensome.
28    (Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.)

29        (225 ILCS 105/24) (from Ch. 111, par. 5024)
30        (Section scheduled to be repealed on January 1, 2012)
31        Sec. 24.  A person who violates a provision of  this  Act
32    is guilty of a Class A Misdemeanor. On conviction of a second
                            -31-               LRB9211384WHmb
 1    or subsequent offense the violator shall be guilty of a Class
 2    4 felony.
 3    (Source: P.A. 86-615.)

 4        (225 ILCS 105/25) (from Ch. 111, par. 5025)
 5        (Section scheduled to be repealed on January 1, 2012)
 6        Sec.  25.   This Act shall not affect licenses or permits
 7    issued under the Athletic Exhibition Registration Act.
 8    (Source: P.A. 82-522.)

 9        (225 ILCS 105/25.1)
10        (Section scheduled to be repealed on January 1, 2012)
11        Sec.  25.1.  Medical  Suspension.  A  licensee   who   is
12    determined  by the examining physician to be unfit to compete
13    or officiate shall be immediately suspended until it is shown
14    that he or she is fit for further competition or officiating.
15    If the licensee disagrees with a medical  suspension  set  at
16    the  discretion  of  the  ringside  physician,  he or she may
17    request a hearing to show proof of fitness. The hearing shall
18    be provided at the earliest opportunity after the  Department
19    receives a written request from the licensee.
20        If  the  referee  has  rendered  a  decision of technical
21    knockout against a boxing contestant or if the contestant  is
22    knocked  out  other  than  by  a blow to the head, the boxing
23    contestant shall be immediately suspended for a period of not
24    less than 30 days.
25        If the boxing contestant has been knocked out by  a  blow
26    to  the  head, he or she shall be suspended immediately for a
27    period of not less than 45 days.
28        Prior to reinstatement, any boxing  contestant  suspended
29    for his or her medical protection shall satisfactorily pass a
30    medical examination upon the direction of the Department. The
31    examining   physician   may  require  any  necessary  medical
32    procedures during the examination.
                            -32-               LRB9211384WHmb
 1    (Source: P.A. 91-408, eff. 1-1-00.)

 2        (225 ILCS 105/26) (from Ch. 111, par. 5026)
 3        (Section scheduled to be repealed on January 1, 2012)
 4        Sec. 26. Home rule pre-emption.  It is declared to be the
 5    public policy of this State, pursuant to  subsection  (h)  of
 6    Section  6  of  Article  VII  of the Illinois Constitution of
 7    1970, that any power or function set forth in this Act to  be
 8    exercised  by the State, including the regulation of ultimate
 9    fighting  exhibitions,  is  an  exclusive  State   power   or
10    function.   Such  power  or  function  shall not be exercised
11    concurrently, either directly or indirectly, by any  unit  of
12    local  government,  including  home  rule  units,  except  as
13    otherwise provided in this Act.
14    (Source: P.A. 89-578, eff. 7-30-96.)

15        (5 ILCS 80/4.12 rep.)
16        Section  10.   The  Regulatory  Sunset  Act is amended by
17    repealing Section 4.12.

18        Section 15. The  Regulatory  Sunset  Act  is  amended  by
19    changing Section 4.22 as follows:

20        (5 ILCS 80/4.22)
21        Sec.  4.22.  Acts  Act  repealed on January 1, 2012.  The
22    following Acts are Act is repealed on January 1, 2012:.
23        The Detection of Deception Examiners Act.
24        The Home Inspector License Act.
25        The Interior Design Title Act.
26        The Professional Boxing Act.
27        The Real Estate Appraiser  Appraisers  Licensing  Act  of
28    2002.
29        The Water Well and Pump Installation Contractor's License
30    Act.
                            -33-               LRB9211384WHmb
 1    (Source:  P.A.  92-104,  eff.  7-20-01;  92-180, eff. 7-1-02;
 2    92-239, eff.  8-3-01;  92-453,  eff.  8-21-01;  92-499,  eff.
 3    1-1-02; 92-500, eff. 12-18-01; revised 12-26-01.)

 4        Section  99.  Effective  date. This Act takes effect upon
 5    becoming law.
                            -34-               LRB9211384WHmb
 1                                INDEX
 2               Statutes amended in order of appearance
 3    225 ILCS 105/Act title
 4    225 ILCS 105/0.05
 5    225 ILCS 105/1            from Ch. 111, par. 5001
 6    225 ILCS 105/2            from Ch. 111, par. 5002
 7    225 ILCS 105/5            from Ch. 111, par. 5005
 8    225 ILCS 105/6            from Ch. 111, par. 5006
 9    225 ILCS 105/7            from Ch. 111, par. 5007
10    225 ILCS 105/7.5
11    225 ILCS 105/8            from Ch. 111, par. 5008
12    225 ILCS 105/10           from Ch. 111, par. 5010
13    225 ILCS 105/10.5
14    225 ILCS 105/11           from Ch. 111, par. 5011
15    225 ILCS 105/12           from Ch. 111, par. 5012
16    225 ILCS 105/13           from Ch. 111, par. 5013
17    225 ILCS 105/14           from Ch. 111, par. 5014
18    225 ILCS 105/15           from Ch. 111, par. 5015
19    225 ILCS 105/16           from Ch. 111, par. 5016
20    225 ILCS 105/17           from Ch. 111, par. 5017
21    225 ILCS 105/17.7
22    225 ILCS 105/17.8
23    225 ILCS 105/17.9
24    225 ILCS 105/17.10
25    225 ILCS 105/17.11
26    225 ILCS 105/17.12
27    225 ILCS 105/18           from Ch. 111, par. 5018
28    225 ILCS 105/19           from Ch. 111, par. 5019
29    225 ILCS 105/19.1         from Ch. 111, par. 5019.1
30    225 ILCS 105/19.2
31    225 ILCS 105/19.3
32    225 ILCS 105/19.4
33    225 ILCS 105/19.5
34    225 ILCS 105/20           from Ch. 111, par. 5020
                            -35-               LRB9211384WHmb
 1    225 ILCS 105/21           from Ch. 111, par. 5021
 2    225 ILCS 105/22           from Ch. 111, par. 5022
 3    225 ILCS 105/23           from Ch. 111, par. 5023
 4    225 ILCS 105/23.1         from Ch. 111, par. 5023.1
 5    225 ILCS 105/24           from Ch. 111, par. 5024
 6    225 ILCS 105/25           from Ch. 111, par. 5025
 7    225 ILCS 105/25.1
 8    225 ILCS 105/26           from Ch. 111, par. 5026
 9    5 ILCS 80/4.12 rep.
10    5 ILCS 80/4.22

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