|
|
||||
| Public Act 096-0663 |
||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Professional Boxing Act is amended by | ||||
changing Sections 0.05, 1, 6, 7, 8, 11, 16, and 25.1 as | ||||
follows:
| ||||
(225 ILCS 105/0.05)
| ||||
(Section scheduled to be repealed on January 1, 2012)
| ||||
Sec. 0.05. Declaration of public policy. Professional | ||||
boxing
and full-contact martial arts other contests in the | ||||
State of Illinois, and amateur full-contact martial arts | ||||
events, are
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 these contests and events | ||||
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
participate in these contests and | ||||
events boxing and other contests in the State of
Illinois. This | ||||
Act shall be liberally construed to best carry out these | ||||
objects
and purposes.
| ||||
(Source: P.A. 95-593, eff. 6-1-08.)
| ||||
(225 ILCS 105/1) (from Ch. 111, par. 5001)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 1. Short title and definitions.
| ||
(a) This Act may be cited as the Professional Boxing Act.
| ||
(b) As used in this Act:
| ||
1. "Department" means the Department of Financial and
| ||
Professional Regulation.
| ||
2. "Secretary" means the Secretary
of Financial and | ||
Professional Regulation.
| ||
3. "Board" means the State Professional Boxing Board
| ||
appointed by the
Secretary.
| ||
4. "License" means the license issued for
promoters,
| ||
contestants, or officials
in accordance with this Act.
| ||
5. (Blank).
| ||
6. "Contest" means a
professional boxing, martial art, | ||
or professional full-contact mixed martial arts art match | ||
or exhibition.
| ||
7. (Blank).
| ||
8. (Blank).
| ||
9. "Permit" means the authorization from the | ||
Department to a
promoter
to conduct
contests.
| ||
10. "Promoter" means a person who is licensed and
who
| ||
holds a permit to conduct contests.
| ||
11. Unless the context indicates otherwise, "person" | ||
includes, but is not limited to, an individual,
an
| ||
association, organization, business entity partnership, | ||
corporation, gymnasium, or club.
| ||
12. (Blank).
| ||
13. (Blank).
| ||
14. (Blank).
| ||
15. "Judge" means a person licensed by the Department | ||
who is
at ringside
during a contest
match and who has the | ||
responsibility of scoring the performance of the
| ||
participants in the contest.
| ||
16. "Referee" means a person licensed by the Department | ||
who
has the
general
supervision of
a contest and is present | ||
inside of the ring during the contest.
| ||
17. "Amateur" means a person who is not competing for, | ||
and has never received or
competed for, any
purse or other
| ||
article of value, directly or indirectly, either for | ||
participating in any contest or for the
expenses of | ||
training therefor,
other than a non-monetary prize that | ||
does not exceed $50 in value.
| ||
18. "Contestant" means a person licensed by the
| ||
Department who
competes for a
money prize, purse, or other | ||
type of compensation in a contest,
exhibition, or match | ||
held in
Illinois.
| ||
19. "Second" means a person licensed by the Department | ||
who is
present at any
contest to provide assistance or | ||
advice to a contestant during the contest.
| ||
20. "Matchmaker" means a person licensed by the | ||
Department who
brings
together
contestants or procures | ||
matches or contests for contestants.
| ||
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, undertakes
to, | ||
directly or
indirectly, control or administer the affairs | ||
of contestants.
| ||
22. "Timekeeper" means a person licensed by the | ||
Department who
is the
official timer of
the length of | ||
rounds and the intervals between the rounds.
| ||
23. "Purse" means the financial guarantee or any other
| ||
remuneration for
which contestants
are participating in a | ||
contest.
| ||
24. "Physician" means a person licensed to practice | ||
medicine
in all its
branches under the Medical Practice Act | ||
of 1987.
| ||
25. "Martial arts" means a discipline or combination of | ||
different disciplines that utilizes sparring techniques | ||
without the intent to injure, disable, or incapacitate | ||
one's opponent, such as, but not limited to, Karate, Kung | ||
Fu, Judo, and Jujitsu, Muay Thai, Tae Kwon Do, and | ||
Kick-boxing. | ||
26. "Full-contact Mixed martial arts" means the use of | ||
a singular discipline or a combination of techniques from | ||
different disciplines of the martial arts, including, | ||
without limitation, full-force grappling, kicking, and | ||
striking with the intent to injure, disable, or | ||
incapacitate one's opponent.
| ||
27. "Amateur full-contact martial arts event" means a | ||
full-contact martial arts match or exhibition which all of | ||
the participants are amateurs. | ||
(Source: P.A. 95-593, eff. 6-1-08.)
| ||
(225 ILCS 105/6) (from Ch. 111, par. 5006)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 6. Restricted contests and events Prohibitions. | ||
(a) All professional contests in which
physical contact is | ||
made are prohibited in Illinois unless authorized by the | ||
Department pursuant to the requirements and standards stated in | ||
this Act and the rules adopted pursuant to this Act. | ||
(b) Department authorization is not required for amateur | ||
full-contact martial arts events conducted in a manner that | ||
provides substantially similar protections for the health, | ||
safety, and welfare of the participants and the public as are | ||
required for professional events by this Act and the rules | ||
adopted by the Department under this Act. Those protections | ||
shall include, at a minimum, onsite medical staff and | ||
equipment, trained officials, adequate insurance coverage, | ||
weight classes, use of appropriate safety equipment by | ||
participants, adequate and safe competition surfaces, and | ||
standards regarding striking techniques and fouls. Anyone | ||
conducting an amateur full-contact martial arts event shall | ||
notify the Department in writing of the date, time, and | ||
location of that event at least 20 days prior to the event. | ||
Failure to comply with the requirements of this Section shall | ||
render the event prohibited and unauthorized by the Department, | ||
and persons involved in the event are subject to the procedures | ||
and penalties set forth in Section 10.5.
This provision does | ||
not apply to the following:
| ||
(1) Boxing contests or wrestling exhibitions conducted | ||
by accredited
secondary schools, colleges or universities, | ||
although a fee may be charged.
Institutions organized to | ||
furnish instruction in athletics are not included in
this | ||
exemption.
| ||
(2) Amateur boxing matches sanctioned by the United | ||
States Amateur Boxing
Federation, Inc., Golden Gloves of | ||
America, or other amateur sanctioning body, as determined | ||
by rule, and amateur wrestling exhibitions.
| ||
(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. | ||
(Source: P.A. 95-593, eff. 6-1-08.)
| ||
(225 ILCS 105/7) (from Ch. 111, par. 5007)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 7. In order to conduct a 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.
| ||
(Source: P.A. 95-593, eff. 6-1-08.)
| ||
(225 ILCS 105/8) (from Ch. 111, par. 5008)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 8. Permits.
| ||
(a) A promoter who desires to obtain a permit to conduct a
| ||
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:
| ||
(1) the names and addresses of the promoter;
| ||
(2) the name of the matchmaker;
| ||
(3) the time and exact location of the
contest;
| ||
(4) the seating
capacity of the building where the | ||
event is to be held;
| ||
(5) a copy of the
lease or proof of ownership of the | ||
building where the event is to be held;
| ||
(6) the admission
charge or charges to be made; and
| ||
(7) proof of adequate security measures and adequate | ||
medical
supervision, as determined by Department rule, to | ||
ensure the protection of the
health and safety of the | ||
general public while attending contests and the
| ||
contestants' safety while participating in the events and | ||
any other information
that the Department may determine by | ||
rule in order to issue a permit.
| ||
(b) After the initial application and within 10 days prior | ||
to of a scheduled event,
a promoter shall submit to the | ||
Department all of the following information:
| ||
(1) The amount of compensation to be paid to each | ||
participant.
| ||
(2) The names of the contestants.
| ||
(3) Proof of insurance for not less than $50,000 for | ||
each contestant
participating in a
contest or exhibition.
| ||
Insurance required under this subsection shall cover (i)
| ||
hospital, medication, physician, and other such expenses as | ||
would
accrue in the treatment of an injury as a result of the | ||
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 contest or exhibition.
| ||
(c) All promoters shall provide to the Department, at least | ||
24 hours
prior
to commencement of the event, the amount of the | ||
purse to be paid for the event.
The Department shall promulgate | ||
rules for payment of the purse.
| ||
(d) The contest shall be held in an area where adequate | ||
neurosurgical
facilities are immediately available for skilled | ||
emergency treatment of an
injured contestant.
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 contest is | ||
to be held.
The Department may issue a permit to any promoter | ||
who meets the requirements of
this Act
and the rules. The | ||
permit shall only be issued for a specific date and location
of | ||
a contest and
shall not be transferable.
In an emergency, the | ||
Department may allow a promoter to amend a permit
application | ||
to hold a contest in a different
location than the
application | ||
specifies and may allow the promoter to substitute contestants.
| ||
(e) The Department shall be responsible for assigning the | ||
judges,
timekeepers, referees, physicians, and medical | ||
personnel for a contest.
It shall be the responsibility of the | ||
promoter to cover the cost of the
individuals utilized at a | ||
contest.
| ||
(Source: P.A. 95-593, eff. 6-1-08.)
| ||
(225 ILCS 105/11) (from Ch. 111, par. 5011)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 11. Qualifications for license. The Department shall | ||
grant
licenses to the following persons
if the following | ||
qualifications are met:
| ||
(A) An applicant for licensure as a contestant in a
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 full-contact 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 | ||
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
participate in a | ||
contest. A picture identification card shall be issued to
all
| ||
contestants
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 full-contact mixed martial arts. The identification | ||
card shall be
presented to the
Department or its representative | ||
upon request at weigh-ins.
| ||
(B) An applicant for licensure as a referee, judge,
| ||
manager, second, matchmaker, or timekeeper must: (1) be of good
| ||
moral character, (2) file
an application stating the | ||
applicant's name, date and place of birth, and
place of current | ||
residence along with a certifying statement that
he is not
| ||
currently in violation of any federal, State, or local laws or | ||
rules
governing
boxing, martial arts, or full-contact 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.
| ||
(C) An applicant for licensure as a promoter must: (1) be | ||
of good
moral character, (2) file an application with the | ||
Department stating the
applicant's name, date and place of | ||
birth, place of current residence along
with
a certifying | ||
statement that he is not currently in violation of any federal,
| ||
State, or local laws or rules governing boxing, martial arts, | ||
or full-contact 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.
| ||
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.
| ||
(Source: P.A. 95-593, eff. 6-1-08.)
| ||
(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 contest or permitting such | ||
activity to
take place;
| ||
(2) participating in or permitting a sham or fake
| ||
contest;
| ||
(3) holding the 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
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
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 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 contests;
| ||
(14) participating in a contest as a contestant
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 | ||
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);
| ||
(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. 95-593, eff. 6-1-08.)
| ||
(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
contestant or if
the contestant is knocked | ||
out other than by a blow to the head, the
contestant shall be
| ||
immediately suspended for a period of not less than 30 days. In | ||
a full-contact mixed martial arts 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 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 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. 95-593, eff. 6-1-08.)
| ||
(225 ILCS 105/1.5 rep.) | ||
Section 10. The Professional Boxing Act is amended by | ||
repealing Section 1.5.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||