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Public Act 095-0593 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Professional Boxing Act is amended by | ||||
changing Sections 0.05, 1, 6, 7, 8, 10, 10.5, 11, 12, 13, 15, | ||||
16, 17.9, 25.1, and 26 and by adding Sections 0.10 and 1.5 as | ||||
follows:
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(225 ILCS 105/0.05)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 0.05. Declaration of public policy. Professional | ||||
boxing
and other contests in the State of Illinois are
is
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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 other contests , as | ||||
defined in this Act, merit and receive the
confidence of the | ||||
public and that only qualified persons be authorized to
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participate in boxing and other contests in the State of
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Illinois. This Act shall be liberally construed to best carry | ||||
out these objects
and purposes.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/0.10 new)
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(Section scheduled to be repealed on January 1, 2012) | ||
Sec. 0.10. References to Department or Director of | ||
Professional Regulation. References in this Act (i) to the | ||
Department of Professional Regulation are
deemed, in | ||
appropriate contexts, to be references to the Department of | ||
Financial and Professional Regulation
and (ii) to the Director | ||
of Professional Regulation are
deemed, in appropriate | ||
contexts, to be references to the Secretary of Financial and | ||
Professional Regulation. | ||
(225 ILCS 105/1.5 new) | ||
Sec. 1.5. Exemption. This Act does not apply to any | ||
organized sanctioning body or accredited school competing in | ||
amateur kick-boxing, mixed martial arts, or boxing that is | ||
approved by the Department.
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(225 ILCS 105/1) (from Ch. 111, par. 5001)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 1. Short title and definitions.
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(a) This Act may be cited as the Professional Boxing Act.
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(b) As used in this Act:
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1. "Department" means the Department of Financial and
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Professional Regulation.
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2. "Secretary"
"Director" means the Secretary
Director
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of Financial and Professional Regulation.
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3. "Board" means the State Professional Boxing Board
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appointed by the
Secretary
Director .
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4. "License" means the license issued for boxing
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promoters,
contestants, or officials
in accordance with | ||
this Act.
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5. (Blank).
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6. "Contest" means a
"Boxing Contests" include
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professional boxing , martial art, or mixed martial art | ||
match or exhibition
matches
and exhibitions .
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7. (Blank).
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8. (Blank).
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9. "Permit" means the authorization from the | ||
Department to a
promoter
to conduct professional boxing
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contests.
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10. "Promoter" means a person who is licensed and
who
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holds a permit to conduct professional boxing contests.
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11. Unless the context indicates otherwise, "person" | ||
includes
an
association, partnership, corporation, | ||
gymnasium, or club.
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12. (Blank).
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13. (Blank).
"Ultimate fighting exhibition" has the | ||
meaning given by
rule adopted
by the Department in | ||
accordance with Section 7.5.
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14. (Blank).
"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,
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exhibition, or match held in
Illinois.
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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
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participants in the contest.
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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.
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17. "Amateur" means a person who has never received or
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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.
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18. "Contestant" means a person licensed by the
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Department who
competes for a
money prize, purse, or other | ||
type of compensation in a contest,
exhibition, or match | ||
held in
Illinois
an individual who participates in a
boxing | ||
contest .
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19. "Second" means a person licensed by the Department | ||
who is
present at any boxing
contest to provide assistance | ||
or advice to a contestant
boxer during the contest.
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20. "Matchmaker" means a person licensed by the | ||
Department who
brings
together
contestants
professional | ||
boxers or procures matches or contests for contestants
| ||
professional
boxers .
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21. "Manager" means a person licensed by the Department | ||
who is
not a
promoter and
who, under contract, agreement, |
or other arrangement with any contestant
boxer , undertakes
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to, directly or
indirectly, control or administer the | ||
boxing affairs of contestants
boxers .
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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.
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23. "Purse" means the financial guarantee or any other
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remuneration for
which contestants
are participating in a | ||
boxing contest.
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24. "Physician" means a person licensed to practice | ||
medicine
in all its
branches under the Medical Practice Act | ||
of 1987.
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25. "Martial arts" means a discipline such as, but not | ||
limited to, Karate, Kung Fu, Jujitsu, Muay Thai, Tae Kwon | ||
Do, and Kick-boxing. | ||
26. "Mixed martial arts" means the use of a combination | ||
of techniques from different disciplines of the martial | ||
arts, including without limitation grappling, kicking, and | ||
striking.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/6) (from Ch. 111, par. 5006)
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(Section scheduled to be repealed on January 1, 2012)
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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:
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(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.
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(2) Amateur boxing matches sanctioned by the United | ||
States Amateur Boxing
Federation, Inc. ,
or Golden Gloves of | ||
America , or other amateur sanctioning body, as determined | ||
by rule, and , amateur wrestling exhibitions ,
and amateur or | ||
professional martial arts or kick boxing .
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(3) Amateur martial art matches sanctioned by a | ||
sanctioning body approved by the Department, as determined | ||
by rule. | ||
(4) Martial art instruction conducted by a martial art | ||
school and contests occurring within or amongst martial art | ||
schools, provided that (i) the contestants do not receive | ||
anything of value for participating other than an award, | ||
trophy, other item of recognition, or a prize that does not | ||
exceed $50 in value and (ii) no entrance fee is charged to | ||
participate or watch the school contests.
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The Department shall have the authority to determine | ||
whether a contest or exhibition is an exempt martial arts or | ||
kick boxing event for purposes of this Section. In determining | ||
whether a contest or exhibition is an exempt martial arts or |
kick boxing event the Department shall consider, but not be | ||
limited to, the following factors: | ||
(i) whether the event is sanctioned by a body | ||
independent of the promoters of the contest or exhibition; | ||
(ii) whether the sanctioning body is exclusively or | ||
primarily dedicated to advancing the sport of kick boxing | ||
or martial arts; | ||
(iii) whether the sanctioning body limits | ||
participation in its events to its registered members; | ||
(iv) whether the sanctioning body has a record of | ||
enforcing the rules governing a contest or exhibition; | ||
(v) the record for safety of the sanctioning body; | ||
(vi) the record for safety of the promoters of the | ||
contest or exhibition; | ||
(vii) whether the promoter of the contest or exhibition | ||
has a record of enforcing and abiding by the rules | ||
governing a contest or exhibition; and | ||
(viii) whether the rules for the contest or exhibition | ||
provide substantially similar protections for the health, | ||
safety and welfare of the contestants and spectators as | ||
this Act and its rules.
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(Source: P.A. 93-978, eff. 8-20-04.)
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(225 ILCS 105/7) (from Ch. 111, par. 5007)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 7. In order to conduct a boxing contest
in this State, |
a promoter shall obtain a permit issued by the Department
in | ||
accordance with this Act and the rules and regulations adopted | ||
pursuant
thereto. This permit shall authorize one or more | ||
contests or exhibitions.
A permit issued under this Act is not | ||
transferable.
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(Source: P.A. 92-499, eff. 1-1-02.)
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(225 ILCS 105/8) (from Ch. 111, par. 5008)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 8. Permits.
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(a) A promoter who desires to obtain a permit to conduct a | ||
boxing
contest shall apply to the Department at least 20 days | ||
prior to the
event,
in writing, on forms furnished by the | ||
Department. The application shall
be accompanied by the | ||
required fee and shall
contain at least the following | ||
information:
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(1) the names and addresses of the promoter;
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(2) the name of the matchmaker;
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(3) the time and exact location of the
boxing contest;
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(4) the seating
capacity of the building where the | ||
event is to be held;
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(5) a copy of the
lease or proof of ownership of the | ||
building where the event is to be held;
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(6) the admission
charge or charges to be made; and
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(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 boxing contests and the
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contestants' safety while participating in the events and | ||
any other information
that the Department may determine by | ||
rule in order to issue a permit.
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(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:
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(1) The amount of compensation to be paid to each | ||
participant.
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(2) The names of the contestants.
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(3) Proof of insurance for not less than $50,000
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$10,000 for each contestant
participating in a boxing
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contest or exhibition.
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Insurance required under this subsection shall cover (i)
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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.
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(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.
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(d) The boxing contest shall be held in an area where | ||
adequate neurosurgical
facilities are immediately available |
for skilled emergency treatment of an
injured contestant
boxer .
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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 boxing contest is to be held.
The Department may issue a | ||
permit to any promoter who meets the requirements of
this Act
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and the rules. The permit shall only be issued for a specific | ||
date and location
of a boxing contest and
shall not be | ||
transferable.
In an emergency, the Department may allow a | ||
promoter to amend a permit
application to hold a boxing contest | ||
in a different
location than the
application specifies and may | ||
allow the promoter to substitute contestants.
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(e) The Department shall be responsible for assigning the | ||
judges
judge ,
timekeepers, referees, physicians
physician , and | ||
medical personnel for a boxing contest.
It shall be the | ||
responsibility of the promoter to cover the cost of the
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individuals utilized at a boxing contest.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/10) (from Ch. 111, par. 5010)
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(Section scheduled to be repealed on January 1, 2012)
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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, and (h) timekeepers.
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Announcers may participate in boxing contests
without | ||
being licensed under this Act. It shall be the responsibility | ||
of
the promoter to ensure that announcers comply
with the Act, | ||
and all rules and regulations promulgated pursuant to this
Act.
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A licensed promoter may not act as, and cannot be licensed | ||
as, a second,
contestant
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 | ||
person possessing a valid
promoter's license may act as a | ||
matchmaker.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/10.5)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 10.5. Unlicensed practice; violation; civil penalty.
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(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, 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.
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(b) The Department has the authority and power to | ||
investigate any and all
unlicensed activity.
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(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. 91-408, eff. 1-1-00.)
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(225 ILCS 105/11) (from Ch. 111, par. 5011)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 11. Qualifications for license. The Department shall | ||
grant
licenses to the following persons
if the following | ||
qualifications are met:
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(A) An applicant for licensure as a contestant in a boxing
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contest must:
(1) be 18 years old, (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 , martial arts, or mixed martial arts , | ||
(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 contests, and (5) pay
the required fee
and meet any | ||
other requirements.
Applicants over age 35 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
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participate in a contest. A picture identification card shall | ||
be issued to
all
contestants
boxers
licensed by the Department
| ||
who are residents of
Illinois or who are residents of any | ||
jurisdiction, state, or country that does
not regulate | ||
professional boxing , martial arts, or mixed martial arts . The | ||
identification card shall be
presented to the
Department or its | ||
representative upon request at weigh-ins.
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(B) An applicant for licensure as a boxing referee, judge,
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manager, second, matchmaker, or timekeeper must: (1) be of good
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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 statement that
he is not
| ||
currently in violation of any federal, State, or local laws or | ||
rules
governing
boxing , martial arts, or mixed martial arts , | ||
(3) have had satisfactory experience in his field, (4) pay the
| ||
required fee, and (5) meet any other requirements as determined | ||
by rule.
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(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,
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State, or local laws or rules governing boxing , martial arts, | ||
or mixed martial arts , (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.
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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 as provided
by | ||
rule.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/12) (from Ch. 111, par. 5012)
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(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 12. 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 | ||
contestant
boxer , and terminate the contest when, in the | ||
physician's opinion,
continuing the contest could result in | ||
serious injury to the contestant
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 and at least one ambulance | ||
dedicated solely for the care of contestants are present.
| ||
No boxing contest shall be more than 12 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 rounds
within
72 consecutive hours. | ||
The number and length for all other contests shall be | ||
established by rule. 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 contest.
| ||
There shall be 2 judges in attendance at all boxing | ||
contests who shall render a decision at the
end of each | ||
contest. The decision of the judges, taken together with the | ||
decision
of the referee, is final; or, 3 judges shall score the | ||
contest with the
referee not scoring. The method of scoring | ||
shall be set forth in rules. The number of judges required and | ||
the manner of scoring for all other contests shall be set by | ||
rule.
| ||
Judges, referees, or timekeepers for contests shall be
| ||
assigned by the Department. 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
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 contest
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. | ||
The Department's authority to stop a fight contest or |
exhibition on the basis that the contest
fight would endanger | ||
the health, safety, and welfare of the contestants or | ||
spectators shall extend to any fight contest or exhibition , | ||
regardless of whether that fight contest or exhibition is | ||
exempted from the prohibition in Section 6 of this Act.
| ||
(Source: P.A. 92-499, eff. 1-1-02; 93-978, eff. 8-20-04.)
| ||
(225 ILCS 105/13) (from Ch. 111, par. 5013)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 13. Tickets; tax. Tickets to boxing contests ,
other | ||
than a boxing contest 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 inventory | ||
of all
tickets printed
for any boxing contest shall be mailed | ||
to the Department by the
promoter
not less
than 7 days before | ||
the boxing contest. The total number of
tickets
printed shall | ||
not exceed the total seating capacity of the premises in which
| ||
the boxing contest is to be held. No tickets of admission to | ||
any
boxing contest ,
other than a boxing contest 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 a boxing contest under this
Act ,
| ||
other than a boxing contest conducted at premises
with an | ||
indoor seating
capacity of more than 17,000, shall, within 24 | ||
hours after a boxing contest: (1)
furnish to the Department a |
written report verified by the promoter or his
authorized | ||
designee showing the number of tickets sold for the boxing
| ||
contest or the
actual ticket stubs of tickets sold and the
| ||
amount of the gross proceeds thereof; and (2) pay to the | ||
Department a tax
of 3%
10% of the first $500,000 of gross | ||
receipts
from the sale of admission tickets, to be placed in | ||
the General Revenue Fund.
| ||
(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||
(225 ILCS 105/15) (from Ch. 111, par. 5015)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 15. Inspectors. The Director may appoint boxing
| ||
inspectors to
assist the Department staff in the administration | ||
of the Act.
Each inspector
boxing instructor appointed
by the
| ||
Director shall receive
compensation
for each day he or she is | ||
engaged in the transacting of
business of the Department.
Each | ||
inspector shall carry a card issued by the Department to | ||
authorize
him or her to act in such capacity. The inspector or | ||
inspectors shall
supervise
each contest 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. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||
(225 ILCS 105/16) (from Ch. 111, par. 5016)
|
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 16. Discipline and sanctions.
| ||
(a) The Department may refuse to issue a
permit 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 for
each violation, with regard to any | ||
license for one
or
any combination of the following reasons:
| ||
(1) gambling, betting , or wagering on the result of or | ||
a
contingency connected
with a boxing contest or permitting | ||
such activity to
take place;
| ||
(2) participating in or permitting a sham or fake | ||
boxing
contest;
| ||
(3) holding the boxing contest at any other time or
| ||
place than
is stated
on the permit application;
| ||
(4) permitting any contestant other than those
stated | ||
on the
permit application to participate in a boxing
| ||
contest, except as provided
in Section 9;
| ||
(5) violation or aiding in the violation of any of the
| ||
provisions of this
Act or any rules or regulations | ||
promulgated thereto;
| ||
(6) violation of any federal, State or local laws of | ||
the
United States or other jurisdiction governing boxing
| ||
contests or any regulation
promulgated pursuant thereto;
| ||
(7) charging a greater rate or rates of admission than | ||
is
specified on the permit application;
|
(8) failure to obtain all the necessary permits,
| ||
registrations, or licenses as required under this Act;
| ||
(9) failure to file the necessary bond or to pay the | ||
gross
receipts
tax as required by this Act;
| ||
(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 boxing contests;
| ||
(11) employment of fraud, deception or any unlawful | ||
means in
applying
for or securing a permit or license under | ||
this
Act;
| ||
(12) permitting a physician making the physical | ||
examination
to
knowingly certify falsely to the physical | ||
condition of a contestant;
| ||
(13) permitting contestants of widely disparate | ||
weights or
abilities
to engage in boxing contests;
| ||
(14) participating in a contest as a contestant
boxing
| ||
while under medical suspension in this State or
in
any | ||
other
state, territory or country;
| ||
(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 | ||
boxing contests with
reasonable judgment,
skill, or | ||
safety;
| ||
(16) allowing one's license or permit issued
under
this | ||
Act to be used by another person;
|
(17) failing, within a reasonable time, to provide any
| ||
information
requested by the Department as a result of a | ||
formal or informal
complaint;
| ||
(18) professional incompetence;
| ||
(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;
| ||
(20) (blank);
holding or promoting an ultimate | ||
fighting exhibition, or
participating
in an ultimate | ||
fighting exhibition as a promoter, contestant,
referee,
| ||
judge, scorer, manager, trainer, announcer, or timekeeper;
| ||
(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 to | ||
practice under this Act, or who has
applied for licensure | ||
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 or applicant. No | ||
information shall be excluded
by
reason of any common
law or | ||
statutory privilege relating to communications between the | ||
licensee 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
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 of the individual. Any
| ||
individual whose license 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 suspended
| ||
immediately, pending a hearing by the Board.
| ||
(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||
(225 ILCS 105/17.9)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 17.9. Summary suspension of a license. The Director
| ||
may summarily
suspend a license 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 , participants, including any | ||
contest officials, or the
individual involved or cause harm to | ||
the profession . If the Director summarily suspends the
license
|
without a hearing, a hearing must be commenced within 30 days | ||
after the
suspension has occurred
and concluded as | ||
expeditiously as practical.
| ||
(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
| ||
(225 ILCS 105/25.1)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
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. In a mixed martial art contest, if the | ||
contestant has tapped out or has submitted, the referee shall | ||
stop the contest and the ringside physician shall determine the | ||
length of suspension.
| ||
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.
| ||
(Source: P.A. 91-408, eff. 1-1-00.)
| ||
(225 ILCS 105/26) (from Ch. 111, par. 5026)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 26. Home rule pre-emption. It is declared to be the | ||
public policy
of this State, pursuant to subsection (h) of
| ||
Section 6 of Article VII of the Illinois Constitution of 1970, | ||
that any power
or function set forth in this Act to be | ||
exercised by the State , including the
regulation of ultimate | ||
fighting exhibitions, is an exclusive State power or
function. | ||
Such power or function shall not be exercised concurrently, | ||
either
directly or indirectly, by any unit of local government, | ||
including home rule
units, except as otherwise provided in this | ||
Act.
| ||
(Source: P.A. 89-578, eff. 7-30-96.)
| ||
(225 ILCS 105/7.5 rep.)
| ||
Section 10. The Professional Boxing Act is amended by | ||
repealing Section 7.5.
|