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91_HB0245eng HB0245 Engrossed LRB9101561ACtm 1 AN ACT to amend the Professional Boxing and Wrestling 2 Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Professional Boxing and Wrestling Act is 6 amended by changing Sections 1, 2, 6, 7.5, 8, 10, 10.5, 11, 7 12, 13, 14, 15, 16, 18, 19, 19.1, 21, and 23 and adding 8 Sections 0.05, 17.7, 17.8, 17.9, 17.10, 17.11, 17.12, 19.2, 9 19.3, 19.4, 19.5, and 25.1 as follows: 10 (225 ILCS 105/0.05 new) 11 Sec. 0.05. Declaration of public policy. Professional 12 boxing and wrestling in the State of Illinois is hereby 13 declared to affect the public health, safety, and welfare and 14 to be subject to regulation and control in the public 15 interest. It is further declared to be a matter of public 16 interest and concern that boxing and wrestling, as defined in 17 this Act, merit and receive the confidence of the public and 18 that only qualified persons be authorized to participate in 19 boxing contests and wrestling exhibitions in the State of 20 Illinois. This Act shall be liberally construed to best carry 21 out these objects and purposes. 22 (225 ILCS 105/1) (from Ch. 111, par. 5001) 23 Sec. 1. Short title and definitions. 24 (a) This Actshall be known andmay be cited as the 25"Professional Boxing and Wrestling Act". 26 (b) As used in this Act: 27 1. "Department" means the Department of 28 Professional Regulation. 29 2. "Director" means the Director of Professional 30 Regulation. HB0245 Engrossed -2- LRB9101561ACtm 1 3. "Board" means the State Boxing and Wrestling 2 Board appointed by the Director. 3 4. "License" means the license issued for boxing 4 contestants or officials in accordance with this Act. 5 5. "Registration" means the registration issued to 6 wrestling promoters in accordance with this Act. 7 6. "Boxing Contests" include professional boxingor8sparringmatches and, events,exhibitions, or cards. 9 7. "Wrestling Exhibitions" include professional 10 wrestling contests, matches, events, and shows. 11 8. "Athletic Events" include both professional 12 boxing contests and professional wrestling exhibitions. 13 9. "Permit" means the authorization from the 14 Department to a promoter to conduct professional boxing 15 contests or professional wrestling exhibitions. 16 10. "Promoter" means a person who is licensed or 17 registered and who holds a permit to conduct professional 18 boxing matches or professional wrestling exhibitions. 19 11. Unless the context indicates otherwise, 20 "person" includes an association, partnership, 21 corporation, gymnasium, or club. 22 12. For the purposes of this Act the term "trainer" 23 includes what is commonly referred to as "second corner 24 man" or "coach". 25 13. "Ultimate fighting exhibition" has the meaning 26 given by rule adopted by the Department in accordance 27 with Section 7.5. 28 14. "Professional boxer" means a person licensed by 29 the Department who competes for a money prize, purse, or 30 other type of compensation in a boxing contest, 31 exhibition, or match held in Illinois. 32 15. "Judge" means a person licensed by the 33 Department who is at ringside during a boxing match and 34 who has the responsibility of scoring the performance of HB0245 Engrossed -3- LRB9101561ACtm 1 the participants in the match. 2 16. "Referee" means a person licensed by the 3 Department who has the general supervision of a boxing 4 match and is present inside of the ring during the match. 5 17. "Amateur" means a person who has never received 6 or competed for any purse or other article of value, 7 either for participating in any boxing match or for the 8 expenses of training therefor, other than a prize that 9 does not exceed $50 in value. 10 18. "Contestant" means an individual who 11 participates in a boxing contest or wrestling exhibition. 12 19. "Second" means a person licensed by the 13 Department who is present at any boxing contest to 14 provide assistance or advice to a boxer during the 15 contest. 16 20. "Matchmaker" means a person licensed by the 17 Department who brings together professional boxers or 18 procures matches for professional boxers. 19 21. "Manager" means a person licensed by the 20 Department who is not a promoter and who, under contract, 21 agreement, or other arrangement with any boxer, 22 undertakes to, directly or indirectly, control or 23 administer the boxing affairs of boxers. 24 22. "Timekeeper" means a person licensed by the 25 Department who is the official timer of the length of 26 rounds and the intervals between the rounds. 27 23. "Purse" means the financial guarantee or any 28 other remuneration for which contestants are 29 participating in a boxing contest. 30 (Source: P.A. 89-578, eff. 7-30-96.) 31 (225 ILCS 105/2) (from Ch. 111, par. 5002) 32 Sec. 2. State Boxing and Wrestling Board. There is 33 created the State Boxing and Wrestling Board consisting of 6 HB0245 Engrossed -4- LRB9101561ACtm 15persons who shall be appointed by and shall serve in an 2 advisory capacity to the Director. OneThereshallalsobe a 3 physician licensed to practice medicine in all of its 4 branches.who shall act as a consultant to the board as5needed. Upon the expiration of the terms of the board6members appointed before or after the effective date of this7Act,The Director shall appointtheir successors,each member 8 to serve for a term of 3 yearsfrom and after the 3rd Monday9in January of the year in which the antecedent term expires10 andall to serveuntil his or her successor istheir11successors areappointed and qualified. One member of the 12 board shall be designated as the ChairpersonChairman. No 13 member shall be appointed to the Board for a term which would 14 cause continuous service to be more than 9 years. Service 15 prior to the effective date of this amendatory Act of the 16 91st General Assembly shall not be considered in calculating 17 length of service on the Board. Each member of the board 18 shall receive compensation$75 per dayfor each day he or she 19 is engaged in transacting the business of the board and, in 20 addition, shall be reimbursed for his or her authorized and 21 approved expenses necessarily incurred in relation to such 22 service in accordance with the travel regulations applicable 23 to the Department at the time the expenses are incurred. 24 A majority of the current members appointed shall 25 constitute a quorum. 26 The members of the Board shall be immune from suit in any 27 action based upon any disciplinary proceedings or other acts 28 performed in good faith as members of the Board. 29 The Director may remove any member of the Board for 30 misconduct, incapacity, or neglect of duty. The Director 31 shall reduce to writing any causes for removal. 32The Director may appoint and at his pleasure remove a33secretary to the Board. It is the duty of the Secretary to34make a full record of all board proceedings, and performHB0245 Engrossed -5- LRB9101561ACtm 1other duties prescribed by the Director.2 (Source: P.A. 87-1182.) 3 (225 ILCS 105/6) (from Ch. 111, par. 5006) 4 Sec. 6. Prohibitions. All boxing matches, contests, or 5 exhibits in which physical contact is made including, but not 6 limited to, "ultimate fighting exhibitions", are prohibited 7 in Illinois unless authorized by the Department. This 8 provision does not apply to the followingApplicability. The9provisions of this Act do not apply to: 10 (1)1.Boxing contests or wrestling exhibitions 11 conducted by accredited secondary schools, colleges or 12 universities, although a fee may be charged. 13 Institutions organized to furnish instruction in 14 athletics are not included in this exemption. 15 (2)2.Amateur boxing matches sanctioned by the 16 United States Amateur Boxing Federation, Inc. or Golden 17 Gloves of America, amateur wrestling exhibitions, and 18 amateur or professional martial arts or kick boxing;19except that this Act does apply to ultimate fighting20exhibitions. 21 (Source: P.A. 89-578, eff. 7-30-96.) 22 (225 ILCS 105/7.5) 23 Sec. 7.5. Ultimate fighting exhibitions. 24 (a) The General Assembly finds and declares that: 25 (1) The entertainment spectacle commonly known as 26 "ultimate fighting" is a violent exhibition that is 27 excessively and unacceptably dangerous to the 28 participants. "Ultimate fighting" includes exhibitions 29 of the same nature even though a different name is 30 applied to this event. 31 (2) Unlike the sports of boxing and wrestling, in 32 which serious or permanent injury is largely preventable HB0245 Engrossed -6- LRB9101561ACtm 1 and occurs only occasionally as an incidental result of 2 the athletic contest, ultimate fighting is intended by 3 its promoters to produce serious injury in every 4 exhibition and is widely and specifically advertised and 5 promoted as being the most dangerous of all fighting 6 exhibitions. 7 (3) The lack of appropriate restrictions on 8 dangerous blows or life-threatening maneuvers and the 9 matching of participants with incompatible styles of 10 fighting make it difficult or impossible for the State to 11 regulate ultimate fighting in a way that can reasonably 12 protect the safety of the participants. 13 (4) It is therefore an appropriate exercise of the 14 police power of the State and necessary for the public 15 safety and the common good to prohibit ultimate fighting 16 exhibitions in this State. 17 (b) The Department, in consultation with the State 18 Boxing and Wrestling Board, shall adopt rules defining the 19 term "ultimate fighting exhibition" and distinguishing such 20 exhibitions from the legitimate boxing and wrestling contests 21 permitted under this Act and the exhibitions or contests of 22 the martial arts and other sports that are traditionally 23 conducted with respect for the safety and protection of the 24 participants. 25 (c)Beginning on the effective date of the rules to be26adopted under subsection (b) of this Section,No person may 27 hold, promote, or participate in any ultimate fighting 28 exhibition in this State. 29 (Source: P.A. 89-578, eff. 7-30-96.) 30 (225 ILCS 105/8) (from Ch. 111, par. 5008) 31 Sec. 8. Permits. 32 (a) A promoter who desires to obtain a permit to conduct 33 an athletic event shall apply to the Department at least 20 HB0245 Engrossed -7- LRB9101561ACtm 110days prior to the event, in writing, on forms furnished by 2 the Department. The application shall beverified under3oath, shall beaccompanied by the required fee and shall 4 contain at least the following information: 5 (1)(a)the names and addresses of the promoter; 6 (2)and all of the officers of any club,7association, partnership or corporation with whom the8promoter is associated, (b) the names of the contestants9and their seconds, (c)the name of thetheirmatchmaker; 10 (3), (d)the time and exact location of the athletic 11 event; 12 (4), (e)the seating capacity of the building where 13 the event is to be held; 14 (5) a copy of the lease or proof of ownership of 15 the building where the event is to be held; 16 (6), (f)the admission charge or charges to be made 17 ;,and 18 (7) proof of adequate security measures and 19 adequate medical supervision, as determined by Department 20 rule, to ensure the protection of the health and safety 21 of the general public while attending athletic events and 22 the contestants' safety while participating in the events 23 and any other information that the Department may 24 determine by rule in order to issue a permit(g) the25amount of compensation or percentage of the gate receipts26to be paid to each participant. 27 (b) After the initial application and within 10 days of 28 a scheduled event, a promoter shall submit to the Department 29 all of the following information: 30 (1) The amount of compensation to be paid to each 31 participant. 32 (2) The names of the contestants. 33 (3) Proof of insurance for not less than $10,000 for 34 each contestant participating in a boxing contest or HB0245 Engrossed -8- LRB9101561ACtm 1 exhibition. 2 Insurance required under this subsection shall cover (i) 3 hospital, medication, physician, and other such expenses as 4 would accrue in the treatment of an injury as a result of the 5 boxing contest or exhibition and (ii) payment to the estate 6 of the contestant in the event of his or her death as a 7 result of his or her participation in the boxing contest or 8 exhibition. 9 (c) All boxing promoters shall provide to the 10 Department, at least 24 hours prior to commencement of the 11 event, the amount of the purse to be paid for the event. The 12 Department shall promulgate rules for payment of the purse. 13 (d) The boxing contest shall be held in an area where 14 adequate neurosurgical facilities are immediately available 15 for skilled emergency treatment of an injured boxer. It is 16 the responsibility of the promoter to ensure that the 17 building to be used for the event complies with all laws, 18 ordinances, and regulations in the city, town, or village 19 where the athletic event is to be held. The Department may 20 issue a permit to any promoter who meets the requirements of 21 this Act and the rules. The permit shall only be issued for a 22 specific date and location of an athletic event and shall not 23 be transferable. In an emergency, the Department may allow a 24 promoter to amend a permit application to hold an athletic 25 event in a different location than the application specifies 26 and may allow the promoter to substitute contestants. 27 (e) The Department shall be responsible for assigning 28 the judge, timekeepers, referees, physician, and medical 29 personnel for an athletic event. It shall be the 30 responsibility of the promoter to cover the cost of the 31 individuals utilized at an athletic event. 32Any person who makes or causes to be made false33statements is guilty of perjury.34 (Source: P.A. 82-522.) HB0245 Engrossed -9- LRB9101561ACtm 1 (225 ILCS 105/10) (from Ch. 111, par. 5010) 2 Sec. 10. Who must be licensed. In order to participate 3 in boxing contests the following persons must each be 4 licensed and in good standing with the Department: (a) 5 promoters, (b) contestants, (c) seconds, (d) referees, (e) 6 judges, (f) managers, (g) matchmakerstrainers, and (h) 7 timekeepers. 8Matchmakers, physicians andAnnouncers may participate in 9 boxing contests without being licensed under this Act. It 10 shall be the responsibility of the promoter to ensure that 11 announcersthese unlicensed personscomply with the Act, and 12 all rules and regulations promulgated pursuant to this Act 13thereto. 14 A licensed promoter may not act as, and cannot be 15 licensed as, a second, boxer, referee, timekeeper, judge, or 16 manager. If he or she is so licensed, he or she must 17 relinquish any of these licenses to the Department for 18 cancellation. A promoter may be licensed as a matchmaker. 19These persons involved with professional boxing and wrestling20must register with the Department by supplying the Athletic21Section with their name, address, telephone number and social22security number.23 (Source: P.A. 85-225.) 24 (225 ILCS 105/10.5) 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, contestant, second, referee, judge, manager, 30 matchmakertrainer, or timekeeper without being licensed 31 under this Act shall, in addition to any other penalty 32 provided by law, pay a civil penalty to the Department in an 33 amount not to exceed $5,000 for each offense as determined by HB0245 Engrossed -10- LRB9101561ACtm 1 the Department. The civil penalty shall be assessed by the 2 Department after a hearing is held in accordance with the 3 provisions set forth in this Act regarding the provision of a 4 hearing for the discipline of a licensee. 5 (b) The Department has the authority and power to 6 investigate any and all unlicensed activity. 7 (c) The civil penalty shall be paid within 60 days after 8 the effective date of the order imposing the civil penalty. 9 The order shall constitute a judgment and may be filed and 10 execution had thereon in the same manner as any judgment from 11 any court of record. 12 (Source: P.A. 89-474, eff. 6-18-96.) 13 (225 ILCS 105/11) (from Ch. 111, par. 5011) 14 Sec. 11. Qualifications for license. The Department 15 shall grant licenses to or register the following persons if 16 the following qualifications are met: 17 (A) An applicant for licensure as a contestant in a 18 boxing match must: (1) be 18 years old, except when the19applicant has exhibited unusual maturity or ability, (2) be 20 of good moral character, (3) file an application stating the 21 applicant's correct name (and no assumed or ring name may be 22 used unless such name is registered with the Department along 23 with the applicant's correct name), date and place of birth, 24 place of current residence, and a sworn statement that he is 25 not currently in violation of any federal, State or local 26 laws or rules governing boxing, (4) file a certificate of a 27 physician licensed to practice medicine in all of its 28 branches which attests that the applicant is physically fit 29 and qualified to participate in boxing matches, and (5) pay 30 the required fee and meet any other requirements. Applicants 31 over age 39 who have not competed in a contest within the 32 last 36 months may be required to appear before the Board to 33 determine their fitness to participate in a contest. A HB0245 Engrossed -11- LRB9101561ACtm 1 picture identification shall be issued to all boxers licensed 2 by the Department. The identification shall be presented to 3 the Department or its representative upon request at 4 weigh-ins or contests. 5 (B) An applicant for licensure as a boxingpromoter,6 referee, judge, manager, second, matchmaker,traineror 7 timekeeper must: (1) be of good moral character, (2) file an 8 application stating the applicant's name, date and place of 9 birth, and place of current residence along with a certifying 10swornstatement that he is not currently in violation of any 11 federal, State, or local laws or rules governing boxing, (3) 12 have had satisfactory experience in his field,and(4) pay 13 the required fee, and (5) meet any other requirements as 14 determined by rule.An applicant for licensure as a referee,15manager or trainer must also file proof that he has16participated in medical seminars pertaining to boxing17contests, the curriculum and number of hours of which the18Department by rule deems sufficient.19 (C) An applicant for registration as a boxing promoter 20 must: (1) be of good moral character, (2) file an application 21 with the Department stating the applicant's name, date and 22 place of birth, place of current residence along with a 23 certifying statement that he is not currently in violation of 24 any federal, State, or local laws or rules governing boxing, 25 (3) provide proof of a surety bond of no less than $5,000 to 26 cover financial obligations pursuant to this Act, payable to 27 the Department and conditioned for the payment of the tax 28 imposed by this Act and compliance with this Act and the 29 rules promulgated pursuant to this Act, (4) provide a 30 financial statement, prepared by a certified public 31 accountant, showing liquid working capital of $10,000 or 32 more, or a $10,000 performance bond guaranteeing payment of 33 all obligations relating to the promotional activities, and 34 (5) pay the required fee and meet any other requirements. HB0245 Engrossed -12- LRB9101561ACtm 1 (D)(C)An applicant for registration as a wrestling 2 promoter must: (1) be of good moral character, (2) file an 3 application with the Department stating the applicant's name, 4 date and place of birth, and place of current residence along 5 with a certifyingswornstatement that he is not currently in 6 violation of any federal, State, or local laws or rules 7 governing wrestling,and(3) provide a surety bond of no less 8 than $10,000 to cover financial obligations pursuant to this 9 Act, payable to the Department and conditioned for the 10 payment of the tax imposed by this Act and compliance with 11 this Act and the rules promulgated pursuant to this Act, (4) 12 provide a financial statement, prepared by a certified public 13 accountant, showing liquid working capital of $10,000 or 14 more, or a $10,000 performance bond guaranteeing payment of 15 all obligations relating to the promotional activities, and 16 (5) pay the required fee and meet any other requirements. 17 In determining good moral character, the Department may 18 take into consideration any violation of any of the 19 provisions of Section 16 of this Act and any felony 20 conviction of the applicant, but such a conviction shall not 21 operate as a bar to licensure. No license issued under this 22 Act is transferable. 23 The Department may issue temporary licenses and 24 registrations as provided by rule. 25 (Source: P.A. 90-655, eff. 7-30-98.) 26 (225 ILCS 105/12) (from Ch. 111, par. 5012) 27 Sec. 12. Boxing contests. Each boxing contestant shall 28 be examined before entering the ring and immediately after 29 each contest by medical personnela physician licensed to30practice medicine in all of its branches. The physician 31 licensed to practice medicine in all its branches shall 32 determine, prior to the contest, if each contestant is 33 physically fit to engage in the contest. After the contest HB0245 Engrossed -13- LRB9101561ACtm 1 the physician mayshallexamine the contestant to determine 2 possible injury. If the contestant's physical condition so 3 indicates, the physician shall recommend to the Department 4 immediate medical suspension. The physician may, at any time 5 during the contest, stop the contest to examine a boxer, and 6 terminate the contest when, in the physician's opinion, 7 continuing the contest could result in serious injury to the 8 boxer. The physician shall certify to the condition of the 9 contestant in writing, over his signature on blank forms 10 provided by the Department. Such reports shall be submitted 11 to the Department in a timely manner. The physician shall be 12 paid by the promoter a fee fixed by the Department. No boxing 13 contest shall be held unless a physician licensed to practice 14 medicine in all of its branches is in attendance. 15 No contest shall be allowed to begin unless at least one 16 physician and 2 trained paramedics or 2 nurses who are 17 trained to administer emergency medical care are present 18adequate medical supervision, as set forth in subsection (3)19of Section 9, has been provided. 20 No contest shall be more than 1215rounds in length. The 21 rounds shall not be more than 3 minutes each with a one 22 minute interval between them, and no boxer shall be allowed 23 to participate in more than 1215rounds within 72 24 consecutive hours. At each boxing contest there shall be a 25 referee in attendance who shall direct and control the 26 contest. The referee, before each contest, shall learn the 27 name of the contestant's chief second and shall hold the 28 chief second responsible for the conduct of his assistant 29 during the progress of the match. 30 There shall be 2 judges in attendance who shall render a 31 decision at the end of each match. The decision of the 32 judges, taken together with the decision of the referee, is 33 final; or, 3 judges shall score the match with the referee 34 not scoring. The method of scoring shall be set forth in HB0245 Engrossed -14- LRB9101561ACtm 1 rulesis to be determined by the Secretary of the Board or2the Supervisor of the Board. 3During each boxing contest each contestant shall wear4gloves weighing not less than 6 ounces.5 Judges,orreferees, or timekeepers for contests shall be 6 assigned by the DepartmentDirector or his designee. The 7referee, the Director, the board or any inspector appointed8by theDepartment or its representative shall have discretion 9 to declare a price, remuneration, or purse or any part of it 10 belonging to the contestant withheld if in thetheirjudgment 11 of the Department or its representative the contestant is not 12 honestly competing. The Department shall have the authority 13 to prevent a contest or exhibition from being held and shall 14 have the authority to stop a fight for noncompliance with any 15 part of this Act or rules or when, in the judgment of the 16 Department, or its representative, continuation of the event 17 would endanger the health, safety, and welfare of the 18 contestants or spectators. 19 (Source: P.A. 85-225.) 20 (225 ILCS 105/13) (from Ch. 111, par. 5013) 21 Sec. 13. Tickets; tax. Tickets to athletic events, 22 other than an athletic event conducted at premises with an 23 indoor seating capacity of more than 17,000, shall be printed 24 in such form as the Department shall prescribe. A certified 25sworninventory of all tickets printed for any event shall be 26 mailed to the Department by the promoterprinternot less 27 than 7 days before the event, and a sworn inventory of all28tickets printed for any event shall be sent to the Department29by the promoter within 24 hours after receipt of delivery30from the printer. The total number of tickets printed shall 31 not exceed the total seating capacity of the premises in 32 which the event is to be held. No tickets of admission to any 33 event, other than an athletic event conducted at premises HB0245 Engrossed -15- LRB9101561ACtm 1 with an indoor seating capacity of more than 17,000, shall be 2 sold except those declared on an official ticket inventory as 3 described in this Section. 4 A promoter who conducts an athletic event under this Act, 5 other than an athletic event conducted at premises with an 6 indoor seating capacity of more than 17,000, shall, within 24 7 hours after such event: (1) furnish to the Department a 8 written report verified by the promoter or his authorized 9 designee showing the number of tickets sold for the contest 10 or the actual ticket stubs and the amount of the gross 11 proceeds thereof; and (2) pay to the DepartmentState12Treasurera tax of 10% of the first $500,000 of gross 13 receipts from the sale of admission tickets, to be placed in 14 the General Revenue Fund.Also, every person, showing or15holding any boxing match or wrestling exhibition on a closed16circuit telecast viewed in this State, whether originating17within this State, or another state or country, where18admission is charged, shall register with the Department and19pay a $400 fee each year of registration. Registrant shall20be entitled to show unlimited closed circuit events during21the year the registration is valid. A $25 fee shall be paid22for each event at each location where the boxing contest or23wrestling exhibition is shown by a licensed Illinois24promoter. The Department shall prescribe rules for the25implementation of this registration. These closed circuit TV26fees shall be paid to the Department of Professional27Regulation.28 (Source: P.A. 90-580, eff. 5-21-98.) 29 (225 ILCS 105/14) (from Ch. 111, par. 5014) 30 Sec. 14. Failure to report ticket sales and tax. If the 31 permit holder fails to make a report as required by Section 32 13, or if such report is unsatisfactory, the DepartmentState33Treasurermay examine or cause to be examined the books and HB0245 Engrossed -16- LRB9101561ACtm 1 records of any such holder or his associates or any other 2 person as a witness under oath to determine the total amount 3 of tax due under this Act. 4 If it is determined that there has been a default in the 5 payment of a tax, the promoter shall be given 20 days notice 6 of the amount due which shall include the expenses incurred 7 in making the examination. 8 If the promoter does not pay the amount due he shall be 9 disqualified from obtaining a permit under this Act and the 10 Attorney General shall institute suit upon the bond filed 11 pursuant to this Act to recover the tax or penalties imposed 12 by this Act. 13 (Source: P.A. 82-522.) 14 (225 ILCS 105/15) (from Ch. 111, par. 5015) 15 Sec. 15. Inspectors. The Director may appoint inspectors 16 to assist the Department staff in the administration of the 17 Act. Such inspectors shall receive compensation$75for each 18 day they are engaged in the transacting of business of the 19 Department. Each inspector shall carry a card issued by the 20 Department to authorize him to act in such capacity. The 21 inspector or inspectors shall supervise each event to ensure 22 that the provisions of the Act are strictly enforced. The 23 inspectors shall also be present at the counting of the gross 24 receipts and shall immediately deliver to the Department the 25 official box office statement as required by Section 13. 26 (Source: P.A. 87-1182.) 27 (225 ILCS 105/16) (from Ch. 111, par. 5016) 28 Sec. 16. Discipline and sanctions. 29 (a) The Department may refuse to issue a permit or 30 license, refuse to renew, suspend, revoke, reprimand, place 31 on probation, or take such other disciplinary action as the 32 Department may deem proper, including the imposition of fines HB0245 Engrossed -17- LRB9101561ACtm 1 not to exceed $5,000$1,000for each violation, with regard 2 to any license or permit holder for any one or combination of 3 the following reasons: 4 (1)1.gambling, betting or wagering on the result 5 of or a contingency connected with an athletic event or 6 permitting such activity to take place; 7 (2)2.participating in or permitting a sham or 8 fake boxing match; 9 (3)3.holding the athletic event at any other time 10 or place than is stated on the permit application; 11 (4)4.permitting any contestantor refereesother 12 than those stated on the permit application to 13 participate in an athletic event, except as provided in 14 Section 9; 15 (5)5.violation or aiding in the violation of any 16 of the provisions of this Act or any rules or regulations 17 promulgated thereto; 18 (6)6.violation of any federal, State or local 19 laws of the United States or other jurisdiction governing 20 athletic events or any regulation promulgated pursuant 21 thereto; 22 (7)7.charging a greater rate or rates of 23 admission than is specified on the permit application; 24 (8)8.failure to obtain all the necessary permits, 25 registrations, or licenses as required under this Act; 26 (9)9.failure to file the necessary bond or to pay 27 the gross receipts tax as required by this Act; 28 (10)10.engaging in dishonorable, unethical or 29 unprofessional conduct of a character likely to deceive, 30 defraud or harm the public, or which is detrimental to 31 honestly conducted athletic events; 32 (11)11.employment of fraud, deception or any 33 unlawful means in applying for or securing a permit 34 license, or registration under this Act; HB0245 Engrossed -18- LRB9101561ACtm 1 (12)12.permitting a physician making the physical 2 examination to knowingly certify falsely to the physical 3 condition of a contestant; 4 (13)13.permitting contestants of widely disparate 5 weights or abilities to engage in athletic events; 6 (14)14.boxing while under medical suspension in 7 this State or in any other state, territory or country; 8 (15)15.physical illness, including, but not 9 limited to, deterioration through the aging process, or 10 loss of motor skills which results in the inability to 11 participate in athletic events with reasonable judgment, 12 skill, or safety; 13 (16)16.allowing one's license, permit, or 14 registration issued under this Act to be used by another 15 person; 16 (17)17.failing, within a reasonable time, to 17 provide any information requested by the Department as a 18 result of a formal or informal complaint; 19 (18)18.professional incompetence; 20 (19)19.failure to file a return, or to pay the 21 tax, penalty or interest shown in a filed return, or to 22 pay any final assessment of tax, penalty or interest, as 23 required by any tax Act administered by the Illinois 24 Department of Revenue, until such time as the 25 requirements of any such tax Act are satisfied;and26 (20)20.holding or promoting an ultimate fighting 27 exhibition, or participating in an ultimate fighting 28 exhibition as a promoter, contestant,second,referee, 29 judge, scorer, manager, trainer, announcer, or timekeeper 30 ;, after the effective date of the rules required to be31adopted under Section 7.5 of this Act.32 (21) habitual or excessive use or addiction to 33 alcohol, narcotics, stimulants, or any other chemical 34 agent or drug that results in an inability to participate HB0245 Engrossed -19- LRB9101561ACtm 1 in an event; or 2 (22) failure to stop a contest or exhibition when 3 requested to do so by the Department. 4 (b) The determination by a circuit court that a licensee 5 is subject to involuntary admission or judicial admission as 6 provided in the Mental Health and Developmental Disabilities 7 Code operates as an automatic suspension. The suspension will 8 end only upon a finding by a court that the licensee is no 9 longer subject to involuntary admission or judicial 10 admission, issuance of an order so finding and discharging 11 the licensee, and upon the recommendation of the Board to the 12 Director that the licensee be allowed to resume his or her 13 practice. 14 (c) In enforcing this Section, the Board, upon a showing 15 of a possible violation, may compel any individual licensed 16 or registered to practice under this Act, or who has applied 17 for licensure or registration pursuant to this Act, to submit 18 to a mental or physical examination, or both, as required by 19 and at the expense of the Department. The examining 20 physicians or clinical psychologists shall be those 21 specifically designated by the Board. The Board or the 22 Department may order the examining physician or clinical 23 psychologist to present testimony concerning this mental or 24 physical examination of the licensee, registrant, or 25 applicant. No information shall be excluded by reason of any 26 common law or statutory privilege relating to communications 27 between the licensee, registrant, or applicant and the 28 examining physician or clinical psychologist. Eye 29 examinations may be provided by a licensed and certified 30 therapeutic optometrist. The individual to be examined may 31 have, at his or her own expense, another physician of his or 32 her choice present during all aspects of the examination. 33 Failure of any individual to submit to a mental or physical 34 examination, when directed, shall be grounds for suspension HB0245 Engrossed -20- LRB9101561ACtm 1 of a license until such time as the individual submits to the 2 examination if the Board finds, after notice and hearing, 3 that the refusal to submit to the examination was without 4 reasonable cause. 5 (d) If the Board finds an individual unable to practice 6 because of the reasons set forth in this Section, the Board 7 shall require the individual to submit to care, counseling, 8 or treatment by physicians or clinical psychologists approved 9 or designated by the Board, as a condition, term, or 10 restriction for continued, reinstated, or renewed licensure 11 or registration, or in lieu of care, counseling, or 12 treatment, the Board may recommend to the Department to file 13 a complaint to immediately suspend, revoke, or otherwise 14 discipline the license or registration of the individual. Any 15 individual whose license or registration was granted pursuant 16 to this Act, or continued, reinstated, renewed, disciplined, 17 or supervised, subject to such conditions, terms, or 18 restrictions, who shall fail to comply with such conditions, 19 terms, or restrictions, shall be referred to the Director for 20 a determination as to whether the individual shall have his 21 or her license or registration suspended immediately, pending 22 a hearing by the Board. 23 (Source: P.A. 89-578, eff. 7-30-96.) 24 (225 ILCS 105/17.7 new) 25 Sec. 17.7. Restoration of suspended or revoked license or 26 registration. At any time after the suspension or revocation 27 of a license, the Department may restore it to the licensee 28 or registrant upon the written recommendation of the Board, 29 unless after an investigation and a hearing the Board 30 determines that restoration is not in the public interest. 31 (225 ILCS 105/17.8 new) 32 Sec. 17.8. Surrender of license. Upon the revocation or HB0245 Engrossed -21- LRB9101561ACtm 1 suspension of a license, the licensee shall immediately 2 surrender his or her license to the Department. If the 3 licensee fails to do so, the Department has the right to 4 seize the license. 5 (225 ILCS 105/17.9 new) 6 Sec. 17.9. Summary suspension of a license. The Director 7 may summarily suspend a license or registration without a 8 hearing if the Director finds that evidence in the Director's 9 possession indicates that the continuation of practice would 10 constitute an imminent danger to the public or the individual 11 involved. If the Director summarily suspends the license or 12 registration without a hearing, a hearing must be commenced 13 within 30 days after the suspension has occurred and 14 concluded as expeditiously as practical. 15 (225 ILCS 105/17.10 new) 16 Sec. 17.10. Administrative review; venue. 17 (a) All final administrative decisions of the Department 18 are subject to judicial review under the Administrative 19 Review Law and its rules. The term "administrative decision" 20 is defined as in Section 3-101 of the Code of Civil 21 Procedure. 22 (b) Proceedings for judicial review shall be commenced in 23 the circuit court of the county in which the party applying 24 for review resides, but if the party is not a resident of 25 Illinois, the venue shall be in Sangamon County. 26 (225 ILCS 105/17.11 new) 27 Sec. 17.11. Certifications of record; costs. The 28 Department shall not be required to certify any record to the 29 court, to file an answer in court, or to otherwise appear in 30 any court in a judicial review proceeding unless there is 31 filed in the court, with the complaint, a receipt from the HB0245 Engrossed -22- LRB9101561ACtm 1 Department acknowledging payment of the costs of furnishing 2 and certifying the record, which costs shall be determined by 3 the Department. Failure on the part of the plaintiff to file 4 the receipt in court is grounds for dismissal of the action. 5 (225 ILCS 105/17.12 new) 6 Sec. 17.12. Consent order. At any point in the 7 proceedings, both parties may agree to a negotiated consent 8 order. The consent order shall be final upon signature of the 9 Director. 10 (225 ILCS 105/18) (from Ch. 111, par. 5018) 11 Sec. 18. Investigations; notice and hearing. The 12 Department may investigate the actions of any applicant or of 13 any person or persons promoting or participating in a contest 14 or exhibition or any person holding or claiming to hold a 15 license. The Department shall, before revoking, suspending, 16 placing on probation, reprimanding, or taking any other 17 disciplinary action under this Act, at least 30 days before 18 the date set for the hearing, (i) notify the accused in 19 writing of the charges made and the time and place for the 20 hearing on the charges, (ii) direct him or her to file a 21 written answer to the charges with the Board under oath 22 within 20 days after the service on him or her of the notice, 23 and (iii) inform the accused that, if he or she fails to 24 answer, default will be taken against him or her or that his 25 or her license may be suspended, revoked, or placed on 26 probationary status or that other disciplinary action may be 27 taken with regard to the license, including limiting the 28 scope, nature, or extent of his or her practice, as the 29 Department may consider proper. At the time and place fixed 30 in the notice, the Board shall proceed to hear the charges, 31 and the parties or their counsel shall be accorded ample 32 opportunity to present any pertinent statements, testimony, HB0245 Engrossed -23- LRB9101561ACtm 1 evidence, and arguments. The Board may continue the hearing 2 from time to time. In case the person, after receiving the 3 notice, fails to file an answer, his or her license may, in 4 the discretion of the Department, be suspended, revoked, or 5 placed on probationary status or the Department may take 6 whatever disciplinary action considered proper, including 7 limiting the scope, nature, or extent of the person's 8 practice or the imposition of a fine, without a hearing, if 9 the act or acts charged constitute sufficient grounds for 10 that action under this Act. The written notice may be served 11 by personal delivery or by certified mail to the address 12 specified by the accused in his or her last notification with 13 the Department.If the Department refuses to grant a license14or a permit to an applicant, the applicant, at his option,15shall be entitled to a hearing before the Board.16 (Source: P.A. 82-522.) 17 (225 ILCS 105/19) (from Ch. 111, par. 5019) 18 Sec. 19. Findings and recommendations. At the conclusion 19 of the hearing, the Board shall present to the Director a 20 written report of its findings, conclusions of law, and 21 recommendations. The report shall contain a finding of 22 whether the accused person violated this Act or its rules or 23 failed to comply with the conditions required in this Act or 24 its rules. The Board shall specify the nature of any 25 violations or failure to comply and shall make its 26 recommendations to the Director. In making recommendations 27 for any disciplinary actions, the Board may take into 28 consideration all facts and circumstances bearing upon the 29 reasonableness of the conduct of the accused and the 30 potential for future harm to the public including, but not 31 limited to, previous discipline of the accused by the 32 Department, intent, degree of harm to the public and 33 likelihood of harm in the future, any restitution made by the HB0245 Engrossed -24- LRB9101561ACtm 1 accused, and whether the incident or incidents contained in 2 the complaint appear to be isolated or represent a continuing 3 pattern of conduct. In making its recommendations for 4 discipline, the Board shall endeavor to ensure that the 5 severity of the discipline recommended is reasonably related 6 to the severity of the violation. 7 The report of findings of fact, conclusions of law, and 8 recommendation of the Board shall be the basis for the 9 Department's order refusing to issue, restore, or renew a 10 license, or otherwise disciplining a licensee. If the 11 Director disagrees with the recommendations of the Board, the 12 Director may issue an order in contravention of the Board 13 recommendations. The Director shall provide a written report 14 to the Board on any disagreement and shall specify the 15 reasons for the action in the final order. The finding is not 16 admissible in evidence against the person in a criminal 17 prosecution brought for a violation of this Act, but the 18 hearing and finding are not a bar to a criminal prosecution 19 brought for a violation of this Act.At the conclusion of the20hearing the board shall present to the Director a written21report of its finding and recommendation. The report shall22contain a finding whether or not the accused person violated23this Act or failed to comply with the conditions required in24this Act. The Board shall specify the nature of the violation25or failure to comply, and shall make its recommendations to26the Director. A copy of such report shall be served upon the27accused, either personally or by registered or certified28mail. Within 20 days after such service, the accused may29present to the Department his or her motion in writing for a30rehearing, specifying the particular ground for rehearing.31If the accused orders and pays for a transcript of the32record, the time elapsing thereafter and before such33transcript is ready for delivery to him or her shall not be34counted as part of such 20 days.HB0245 Engrossed -25- LRB9101561ACtm 1The report of findings and recommendation of the board2shall be the basis for the Department's order of refusal or3for the granting of a license or permit. The finding is not4admissible in evidence against the person in a criminal5prosecution brought for the violation of this Act, but the6hearing and finding are not a bar to a criminal prosecution7brought for the violation of this Act.8 (Source: P.A. 86-615.) 9 (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1) 10 Sec. 19.1. Appointment of a hearing officer. The 11 Director has the authority to appoint any attorney duly 12 licensed to practice law in the State of Illinois to serve as 13 the hearing officer in any action for refusal to issue, 14 restore, or renew a license or certificate of registration or 15 discipline of a licensee or certificate holder. The hearing 16 officer has full authority to conduct the hearing. The 17 hearing officer shall report his findings of fact, 18 conclusions of law, and recommendations to the Board and the 19 Director. The Board shall havehas60 days from receipt of 20 the report to review the report of the hearing officer and 21 present its findings of fact, conclusions of law and 22 recommendations to the Director. If the Board fails to 23 present its report within the 60 day period, the Director may 24shallissue an order based on the report of the hearing 25 officer. If the Director determines that the Board's report 26 is contrary to the manifest weight of the evidence, he may 27 issue an order in contravention of the recommendationBoard's28report. The Director shall promptly provide a written report 29 of the Board on any deviation and shall specify the reasons 30 for the action in the final order. 31 (Source: P.A. 86-615.) 32 (225 ILCS 105/19.2 new) HB0245 Engrossed -26- LRB9101561ACtm 1 Sec. 19.2. Subpoenas; depositions; oaths. The Department 2 has the power to subpoena and to bring before it any person 3 and to take testimony either orally or by deposition, or 4 both, with the same fees and mileage and in the same manner 5 as prescribed in civil cases in the courts of this State. 6 The Director, the designated hearing officer, and every 7 member of the Board has the power to administer oaths to 8 witnesses at any hearing that the Department is authorized to 9 conduct and any other oaths authorized in any Act 10 administered by the Department. 11 (225 ILCS 105/19.3 new) 12 Sec. 19.3. Compelling testimony. Any circuit court, upon 13 application of the Department, designated hearing officer, or 14 the applicant or licensee against whom proceedings under this 15 Act are pending, may enter an order requiring the attendance 16 of witnesses and their testimony and the production of 17 documents, papers, files, books, and records in connection 18 with any hearing or investigation. The court may compel 19 obedience to its order by proceedings for contempt. 20 (225 ILCS 105/19.4 new) 21 Sec. 19.4. Director; rehearing. Whenever the Director 22 believes that justice has not been done in the revocation, 23 suspension, refusal to issue, restore, or renew a license, or 24 other discipline of an applicant or licensee, he or she may 25 order a rehearing by the same or other examiners. 26 (225 ILCS 105/19.5 new) 27 Sec. 19.5. Order or certified copy; prima facie proof. An 28 order or certified copy thereof, over the seal of the 29 Department and purporting to be signed by the Director, is 30 prima facie proof that: 31 (1) the signature is the genuine signature of the HB0245 Engrossed -27- LRB9101561ACtm 1 Director; 2 (2) the Director is duly appointed and qualified; 3 and 4 (3) the Board and its members are qualified to act. 5 (225 ILCS 105/21) (from Ch. 111, par. 5021) 6 Sec. 21. Injunctive action; cease and desist order. 7 (a) If a person violates the provisions of this Act, the 8 Director, in the name of the People of the State of Illinois, 9 through the Attorney General or the State's Attorney of the 10 county in which the violation is alleged to have occurred, 11 may petition for an order enjoining the violation or for an 12 order enforcing compliance with this Act. Upon the filing of 13 a verified petition, the court with appropriate jurisdiction 14 may issue a temporary restraining order, without notice or 15 bond, and may preliminarily and permanently enjoin the 16 violation. If it is established that the person has violated 17 or is violating the injunction, the court may punish the 18 offender for contempt of court. Proceedings under this 19 Section are in addition to, and not in lieu of, all other 20 remedies and penalties provided by this Act. 21 (b) Whenever, in the opinion of the Department, a person 22 violates any provision of this Act, the Department may issue 23 a rule to show cause why an order to cease and desist should 24 not be entered against that person. The rule shall clearly 25 set forth the grounds relied upon by the Department and shall 26 allow at least 7 days from the date of the rule to file an 27 answer satisfactory to the Department. Failure to answer to 28 the satisfaction of the Department shall cause an order to 29 cease and desist to be issued.Engaging in athletic events by30any licensed or unlicensed person in violation of this Act is31declared to be inimical to the public welfare and to be a32public nuisance. The Department may conduct hearings and33issue cease and desist orders with respect to persons engagedHB0245 Engrossed -28- LRB9101561ACtm 1in activities prohibited by this Act. Any person in2violation of a cease and desist order entered by the3Department shall be subject to a civil penalty payable to the4party injured by the violation in an amount up to $10,000.5Also, an action to enjoin any person from such unlawful6activity may be maintained in the name of the People of the7State of Illinois by the Attorney General, by the State's8Attorney of the county in which the action is brought, by the9Department or by any resident citizen. This remedy shall be10in addition to other remedies provided for violation of this11Act.12 (Source: P.A. 82-522.) 13 (225 ILCS 105/23) (from Ch. 111, par. 5023) 14 Sec. 23. Fees. The fees for the administration and 15 enforcement of this Act including, but not limited to, 16 original licensure, renewal, and restoration shall be set by 17 rule. Thefollowingfees shallarenot be refundable.:181. The fee for a permit to hold an athletic event shall19be $25.202. The fee for a license as a boxing promoter shall be21$300 and the fee for renewal shall be calculated at the rate22of $150 per year.233. The fee for a license as a boxing promoter shall be24$300 and the fee for renewal shall be calculated at the rate25of $150 per year.264. The fee for a license as boxing contestant shall be27$20 and the fee for renewal shall be calculated at the rate28of $10 per year.295. The fee for a license as a referee shall be $100 and30the fee for renewal shall be calculated at the rate of $5031per year.326. The fee for a license as a judge shall be $10 and the33fee for renewal shall be calculated at the rate of $5 perHB0245 Engrossed -29- LRB9101561ACtm 1year.27. The fee for a license as a manager shall be $50 and3the fee for renewal shall be calculated at the rate of $254per year.58. The fee for a license as a trainer (second) shall be6$10, and the fee for renewal shall be calculated at the rate7of $5 per year.89. The fee for a license as a timekeeper shall be $509and the fee for renewal shall be calculated at the rate of10$25 per year.1110. The fee for a registration of a wrestling promoter12shall be $300 and the fee for renewal shall be calculated at13the rate of $150 per year.14 (Source: P.A. 82-522; revised 10-28-98.) 15 (225 ILCS 105/25.1 new) 16 Sec. 25.1. Medical Suspension. A licensee who is 17 determined by the examining physician to be unfit to compete 18 or officiate shall be immediately suspended until it is shown 19 that he or she is fit for further competition or officiating. 20 If the licensee disagrees with a medical suspension set at 21 the discretion of the ringside physician, he or she may 22 request a hearing to show proof of fitness. The hearing shall 23 be provided at the earliest opportunity after the Department 24 receives a written request from the licensee. 25 If the referee has rendered a decision of technical 26 knockout against a boxing contestant or if the contestant is 27 knocked out other than by a blow to the head, the boxing 28 contestant shall be immediately suspended for a period of not 29 less than 30 days. 30 If the boxing contestant has been knocked out by a blow 31 to the head, he or she shall be suspended immediately for a 32 period of not less than 45 days. 33 Prior to reinstatement, any boxing contestant suspended HB0245 Engrossed -30- LRB9101561ACtm 1 for his or her medical protection shall satisfactorily pass a 2 medical examination upon the direction of the Department. The 3 examining physician may require any necessary medical 4 procedures during the examination. 5 (225 ILCS 105/3 rep.) 6 (225 ILCS 105/4 rep.) 7 (225 ILCS 105/9 rep.) 8 Section 10. The Professional Boxing and Wrestling Act is 9 amended by repealing Sections 3, 4, and 9.