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91_HB0245ham001
LRB9101561ACdvam01
1 AMENDMENT TO HOUSE BILL 245
2 AMENDMENT NO. . Amend House Bill 245 by replacing
3 the title with the following:
4 "AN ACT to amend the Professional Boxing and Wrestling
5 Act."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Professional Boxing and Wrestling Act is
9 amended by changing Sections 1, 2, 6, 7.5, 8, 10, 10.5, 11,
10 12, 13, 14, 15, 16, 18, 19, 19.1, 21, and 23 and adding
11 Sections 0.05, 17.7, 17.8, 17.9, 17.10, 17.11, 17.12, 19.2,
12 19.3, 19.4, 19.5, and 25.1 as follows:
13 (225 ILCS 105/0.05 new)
14 Sec. 0.05. Declaration of public policy. Professional
15 boxing and wrestling in the State of Illinois is hereby
16 declared to affect the public health, safety, and welfare and
17 to be subject to regulation and control in the public
18 interest. It is further declared to be a matter of public
19 interest and concern that boxing and wrestling, as defined in
20 this Act, merit and receive the confidence of the public and
21 that only qualified persons be authorized to participate in
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1 boxing contests and wrestling exhibitions in the State of
2 Illinois. This Act shall be liberally construed to best carry
3 out these objects and purposes.
4 (225 ILCS 105/1) (from Ch. 111, par. 5001)
5 Sec. 1. Short title and definitions.
6 (a) This Act shall be known and may be cited as the
7 "Professional Boxing and Wrestling Act".
8 (b) As used in this Act:
9 1. "Department" means the Department of
10 Professional Regulation.
11 2. "Director" means the Director of Professional
12 Regulation.
13 3. "Board" means the State Boxing and Wrestling
14 Board appointed by the Director.
15 4. "License" means the license issued for boxing
16 contestants or officials in accordance with this Act.
17 5. "Registration" means the registration issued to
18 wrestling promoters in accordance with this Act.
19 6. "Boxing Contests" include professional boxing or
20 sparring matches and, events, exhibitions, or cards.
21 7. "Wrestling Exhibitions" include professional
22 wrestling contests, matches, events, and shows.
23 8. "Athletic Events" include both professional
24 boxing contests and professional wrestling exhibitions.
25 9. "Permit" means the authorization from the
26 Department to a promoter to conduct professional boxing
27 contests or professional wrestling exhibitions.
28 10. "Promoter" means a person who is licensed or
29 registered and who holds a permit to conduct professional
30 boxing matches or professional wrestling exhibitions.
31 11. Unless the context indicates otherwise,
32 "person" includes an association, partnership,
33 corporation, gymnasium, or club.
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1 12. For the purposes of this Act the term "trainer"
2 includes what is commonly referred to as "second corner
3 man" or "coach".
4 13. "Ultimate fighting exhibition" has the meaning
5 given by rule adopted by the Department in accordance
6 with Section 7.5.
7 14. "Professional boxer" means a person licensed by
8 the Department who competes for a money prize, purse, or
9 other type of compensation in a boxing contest,
10 exhibition, or match held in Illinois.
11 15. "Judge" means a person licensed by the
12 Department who is at ringside during a boxing match and
13 who has the responsibility of scoring the performance of
14 the participants in the match.
15 16. "Referee" means a person licensed by the
16 Department who has the general supervision of a boxing
17 match and is present inside of the ring during the match.
18 17. "Amateur" means a person who has never received
19 or competed for any purse or other article of value,
20 either for participating in any boxing match or for the
21 expenses of training therefor, other than a prize that
22 does not exceed $50 in value.
23 18. "Contestant" means an individual who
24 participates in a boxing contest or wrestling exhibition.
25 19. "Second" means a person licensed by the
26 Department who is present at any boxing contest to
27 provide assistance or advice to a boxer during the
28 contest.
29 20. "Matchmaker" means a person licensed by the
30 Department who brings together professional boxers or
31 procures matches for professional boxers.
32 21. "Manager" means a person licensed by the
33 Department who is not a promoter and who, under contract,
34 agreement, or other arrangement with any boxer,
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1 undertakes to, directly or indirectly, control or
2 administer the boxing affairs of boxers.
3 22. "Timekeeper" means a person licensed by the
4 Department who is the official timer of the length of
5 rounds and the intervals between the rounds.
6 23. "Purse" means the financial guarantee or any
7 other remuneration for which contestants are
8 participating in a boxing contest.
9 (Source: P.A. 89-578, eff. 7-30-96.)
10 (225 ILCS 105/2) (from Ch. 111, par. 5002)
11 Sec. 2. State Boxing and Wrestling Board. There is
12 created the State Boxing and Wrestling Board consisting of 6
13 5 persons who shall be appointed by and shall serve in an
14 advisory capacity to the Director. One There shall also be a
15 physician licensed to practice medicine in all of its
16 branches. who shall act as a consultant to the board as
17 needed. Upon the expiration of the terms of the board
18 members appointed before or after the effective date of this
19 Act, The Director shall appoint their successors, each member
20 to serve for a term of 3 years from and after the 3rd Monday
21 in January of the year in which the antecedent term expires
22 and all to serve until his or her successor is their
23 successors are appointed and qualified. One member of the
24 board shall be designated as the Chairperson Chairman. No
25 member shall be appointed to the Board for a term which would
26 cause continuous service to be more than 9 years. Service
27 prior to the effective date of this amendatory Act of the
28 91st General Assembly shall not be considered in calculating
29 length of service on the Board. Each member of the board
30 shall receive compensation $75 per day for each day he or she
31 is engaged in transacting the business of the board and, in
32 addition, shall be reimbursed for his or her authorized and
33 approved expenses necessarily incurred in relation to such
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1 service in accordance with the travel regulations applicable
2 to the Department at the time the expenses are incurred.
3 A majority of the current members appointed shall
4 constitute a quorum.
5 The members of the Board shall be immune from suit in any
6 action based upon any disciplinary proceedings or other acts
7 performed in good faith as members of the Board.
8 The Director may remove any member of the Board for
9 misconduct, incapacity, or neglect of duty. The Director
10 shall reduce to writing any causes for removal.
11 The Director may appoint and at his pleasure remove a
12 secretary to the Board. It is the duty of the Secretary to
13 make a full record of all board proceedings, and perform
14 other duties prescribed by the Director.
15 (Source: P.A. 87-1182.)
16 (225 ILCS 105/6) (from Ch. 111, par. 5006)
17 Sec. 6. Prohibitions. All boxing matches, contests, or
18 exhibits in which physical contact is made including, but not
19 limited to, "ultimate fighting exhibitions", are prohibited
20 in Illinois unless authorized by the Department. This
21 provision does not apply to the following Applicability. The
22 provisions of this Act do not apply to:
23 (1) 1. Boxing contests or wrestling exhibitions
24 conducted by accredited secondary schools, colleges or
25 universities, although a fee may be charged.
26 Institutions organized to furnish instruction in
27 athletics are not included in this exemption.
28 (2) 2. Amateur boxing matches sanctioned by the
29 United States Amateur Boxing Federation, Inc. or Golden
30 Gloves of America, amateur wrestling exhibitions, and
31 amateur or professional martial arts or kick boxing;
32 except that this Act does apply to ultimate fighting
33 exhibitions.
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1 (Source: P.A. 89-578, eff. 7-30-96.)
2 (225 ILCS 105/7.5)
3 Sec. 7.5. Ultimate fighting exhibitions.
4 (a) The General Assembly finds and declares that:
5 (1) The entertainment spectacle commonly known as
6 "ultimate fighting" is a violent exhibition that is
7 excessively and unacceptably dangerous to the
8 participants. "Ultimate fighting" includes exhibitions
9 of the same nature even though a different name is
10 applied to this event.
11 (2) Unlike the sports of boxing and wrestling, in
12 which serious or permanent injury is largely preventable
13 and occurs only occasionally as an incidental result of
14 the athletic contest, ultimate fighting is intended by
15 its promoters to produce serious injury in every
16 exhibition and is widely and specifically advertised and
17 promoted as being the most dangerous of all fighting
18 exhibitions.
19 (3) The lack of appropriate restrictions on
20 dangerous blows or life-threatening maneuvers and the
21 matching of participants with incompatible styles of
22 fighting make it difficult or impossible for the State to
23 regulate ultimate fighting in a way that can reasonably
24 protect the safety of the participants.
25 (4) It is therefore an appropriate exercise of the
26 police power of the State and necessary for the public
27 safety and the common good to prohibit ultimate fighting
28 exhibitions in this State.
29 (b) The Department, in consultation with the State
30 Boxing and Wrestling Board, shall adopt rules defining the
31 term "ultimate fighting exhibition" and distinguishing such
32 exhibitions from the legitimate boxing and wrestling contests
33 permitted under this Act and the exhibitions or contests of
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1 the martial arts and other sports that are traditionally
2 conducted with respect for the safety and protection of the
3 participants.
4 (c) Beginning on the effective date of the rules to be
5 adopted under subsection (b) of this Section, No person may
6 hold, promote, or participate in any ultimate fighting
7 exhibition in this State.
8 (Source: P.A. 89-578, eff. 7-30-96.)
9 (225 ILCS 105/8) (from Ch. 111, par. 5008)
10 Sec. 8. Permits.
11 (a) A promoter who desires to obtain a permit to conduct
12 an athletic event shall apply to the Department at least 20
13 10 days prior to the event, in writing, on forms furnished by
14 the Department. The application shall be verified under
15 oath, shall be accompanied by the required fee and shall
16 contain at least the following information:
17 (1) (a) the names and addresses of the promoter;
18 (2) and all of the officers of any club,
19 association, partnership or corporation with whom the
20 promoter is associated, (b) the names of the contestants
21 and their seconds, (c) the name of the their matchmaker;
22 (3), (d) the time and exact location of the athletic
23 event;
24 (4), (e) the seating capacity of the building where
25 the event is to be held;
26 (5) a copy of the lease or proof of ownership of
27 the building where the event is to be held;
28 (6) (f) the admission charge or charges to be made;
29 , and
30 (7) proof of adequate security measures and
31 adequate medical supervision, as determined by Department
32 rule, to ensure the protection of the health and safety
33 of the general public while attending athletic events and
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1 the contestants' safety while participating in the events
2 and any other information that the Department may
3 determine by rule in order to issue a permit (g) the
4 amount of compensation or percentage of the gate receipts
5 to be paid to each participant.
6 (b) After the initial application and within 10 days of
7 a scheduled event, a promoter shall submit to the Department
8 all of the following information:
9 (1) The amount of compensation to be paid to each
10 participant.
11 (2) The names of the contestants.
12 (3) Proof of insurance for not less than $10,000 for
13 each contestant participating in a boxing contest or
14 exhibition.
15 Insurance required under this subsection shall cover (i)
16 hospital, medication, physician, and other such expenses as
17 would accrue in the treatment of an injury as result of the
18 boxing contest or exhibition and (ii) payment to the estate
19 of the contestant in the event of his or her death as a
20 result of his or her participation in the boxing contest or
21 exhibition.
22 (c) All boxing promoters shall provide to the
23 Department, at least 24 hours prior to commencement of the
24 event, the amount of the purse to be paid for the event. The
25 Department shall promulgate rules for payment of the purse.
26 (d) The boxing contest shall be held in an area where
27 adequate neurosurgical facilities are immediately available
28 for skilled emergency treatment of an injured boxer. It is
29 the responsibility of the promoter to ensure that the
30 building to be used for the event complies with all laws,
31 ordinances, and regulations in the city, town, or village
32 where the athletic event is to be held. The Department may
33 issue a permit to any promoter who meets the requirements of
34 this Act and the rules. The permit shall only be issued for a
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1 specific date and location of an athletic event and shall not
2 be transferable. In an emergency, the Department may allow a
3 promoter to amend a permit application to hold an athletic
4 event in a different location than the application specifies
5 and may allow the promoter to substitute contestants.
6 (e) The Department shall be responsible for assigning
7 the judge, timekeepers, referees, physician, and medical
8 personnel for an athletic event. It shall be the
9 responsibility of the promoter to cover the cost of the
10 individuals utilized at an athletic event.
11 Any person who makes or causes to be made false
12 statements is guilty of perjury.
13 (Source: P.A. 82-522.)
14 (225 ILCS 105/10) (from Ch. 111, par. 5010)
15 Sec. 10. Who must be licensed. In order to participate
16 in boxing contests the following persons must each be
17 licensed and in good standing with the Department: (a)
18 promoters, (b) contestants, (c) seconds, (d) referees, (e)
19 judges, (f) managers, (g) matchmakers trainers, and (h)
20 timekeepers.
21 Matchmakers, physicians and Announcers may participate in
22 boxing contests without being licensed under this Act. It
23 shall be the responsibility of the promoter to ensure that
24 announcers these unlicensed persons comply with the Act, and
25 all rules and regulations promulgated pursuant this Act
26 thereto.
27 A licensed promoter may not act as, and cannot be
28 licensed as, a second, boxer, referee, timekeeper, judge, or
29 manager. If he or she is so licensed, he or she must
30 relinquish any of these licenses to the Department for
31 cancellation. A promoter may be licensed as a matchmaker.
32 These persons involved with professional boxing and wrestling
33 must register with the Department by supplying the Athletic
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1 Section with their name, address, telephone number and social
2 security number.
3 (Source: P.A. 85-225.)
4 (225 ILCS 105/10.5)
5 Sec. 10.5. Unlicensed practice; violation; civil
6 penalty.
7 (a) Any person who practices, offers to practice,
8 attempts to practice, or holds oneself out to practice as a
9 promoter, contestant, second, referee, judge, manager,
10 matchmaker trainer, or timekeeper without being licensed
11 under this Act shall, in addition to any other penalty
12 provided by law, pay a civil penalty to the Department in an
13 amount not to exceed $5,000 for each offense as determined by
14 the Department. The civil penalty shall be assessed by the
15 Department after a hearing is held in accordance with the
16 provisions set forth in this Act regarding the provision of a
17 hearing for the discipline of a licensee.
18 (b) The Department has the authority and power to
19 investigate any and all unlicensed activity.
20 (c) The civil penalty shall be paid within 60 days after
21 the effective date of the order imposing the civil penalty.
22 The order shall constitute a judgment and may be filed and
23 execution had thereon in the same manner as any judgment from
24 any court of record.
25 (Source: P.A. 89-474, eff. 6-18-96.)
26 (225 ILCS 105/11) (from Ch. 111, par. 5011)
27 Sec. 11. Qualifications for license. The Department
28 shall grant licenses to or register the following persons if
29 the following qualifications are met:
30 (A) An applicant for licensure as a contestant in a
31 boxing match must: (1) be 18 years old, except when the
32 applicant has exhibited unusual maturity or ability, (2) be
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1 of good moral character, (3) file an application stating the
2 applicant's correct name (and no assumed or ring name may be
3 used unless such name is registered with the Department along
4 with the applicant's correct name), date and place of birth,
5 place of current residence, and a sworn statement that he is
6 not currently in violation of any federal, State or local
7 laws or rules governing boxing, (4) file a certificate of a
8 physician licensed to practice medicine in all of its
9 branches which attests that the applicant is physically fit
10 and qualified to participate in boxing matches, and (5) pay
11 the required fee and meet any other requirements. Applicants
12 over age 39 who have not competed in a contest within the
13 last 36 months may be required to appear before the Board to
14 determine their fitness to participate in a contest. A
15 picture identification shall be issued to all boxers licensed
16 by the Department. The identification shall be presented to
17 the Department or its representative upon request at
18 weigh-ins or contests.
19 (B) An applicant for licensure as a boxing promoter,
20 referee, judge, manager, second, matchmaker, trainer or
21 timekeeper must: (1) be of good moral character, (2) file an
22 application stating the applicant's name, date and place of
23 birth, and place of current residence along with a certifying
24 sworn statement that he is not currently in violation of any
25 federal, State, or local laws or rules governing boxing, (3)
26 have had satisfactory experience in his field, and (4) pay
27 the required fee, and (5) meet any other requirements as
28 determined by rule. An applicant for licensure as a referee,
29 manager or trainer must also file proof that he has
30 participated in medical seminars pertaining to boxing
31 contests, the curriculum and number of hours of which the
32 Department by rule deems sufficient.
33 (C) An applicant for registration as a boxing promoter
34 must: (1) be of good moral character, (2) file an application
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1 with the Department stating the applicant's name, date and
2 place of birth, place of current residence along with a
3 certifying statement that he is not currently in violation of
4 any federal, State, or local laws or rules governing boxing,
5 (3) provide proof of a surety bond of no less than $5,000 to
6 cover financial obligations pursuant to this Act, payable to
7 the Department and conditioned for the payment of the tax
8 imposed by this Act and compliance with this Act and the
9 rules promulgated pursuant this Act, (4) provide a financial
10 statement, prepared by a certified public accountant, showing
11 liquid working capital of $10,000 or more, or a $10,000
12 performance bond guaranteeing payment of all obligations
13 relating to the promotional activities, and (5) pay the
14 required fee and meet any other requirements.
15 (D) (C) An applicant for registration as a wrestling
16 promoter must: (1) be of good moral character, (2) file an
17 application with the Department stating the applicant's name,
18 date and place of birth, and place of current residence along
19 with a certifiying sworn statement that he is not currently
20 in violation of any federal, State, or local laws or rules
21 governing wrestling, and (3) provide a surety bond of no less
22 than $10,000 to cover financial obligations pursuant to this
23 Act, payable to the Department and conditioned for the
24 payment of the tax imposed by this Act and compliance with
25 this Act and the rules promulgated pursuant this Act, (4)
26 provide a financial statement, prepared by a certified public
27 accountant, showing liquid working capital of $10,000 or
28 more, or a $10,000 performance bond guaranteeing payment of
29 all obligations relating to the promotional activities, and
30 (5) pay the required fee and meet any other requirements.
31 In determining good moral character, the Department may
32 take into consideration any violation of any of the
33 provisions of Section 16 of this Act and any felony
34 conviction of the applicant, but such a conviction shall not
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1 operate as a bar to licensure. No license issued under this
2 Act is transferable.
3 The Department may issue temporary licenses and
4 registrations as provided by rule.
5 (Source: P.A. 90-655, eff. 7-30-98.)
6 (225 ILCS 105/12) (from Ch. 111, par. 5012)
7 Sec. 12. Boxing contests. Each boxing contestant shall
8 be examined before entering the ring and immediately after
9 each contest by medical personnel a physician licensed to
10 practice medicine in all of its branches. The physician
11 licensed to practice medicine in all its branches shall
12 determine, prior to the contest, if each contestant is
13 physically fit to engage in the contest. After the contest
14 the physician may shall examine the contestant to determine
15 possible injury. If the contestant's physical condition so
16 indicates, the physician shall recommend to the Department
17 immediate medical suspension. The physician may, at any time
18 during the contest, stop the contest to examine a boxer, and
19 terminate the contest when, in the physician's opinion,
20 continuing the contest could result in serious injury to the
21 boxer. The physician shall certify to the condition of the
22 contestant in writing, over his signature on blank forms
23 provided by the Department. Such reports shall be submitted
24 to the Department in a timely manner. The physician shall be
25 paid by the promoter a fee fixed by the Department. No boxing
26 contest shall be held unless a physician licensed to practice
27 medicine in all of its branches is in attendance.
28 No contest shall be allowed to begin unless at least one
29 physician and 2 trained paramedics or 2 nurses who are
30 trained to administer emergency medical care are present
31 adequate medical supervision, as set forth in subsection (3)
32 of Section 9, has been provided.
33 No contest shall be more than 12 15 rounds in length. The
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1 rounds shall not be more than 3 minutes each with a one
2 minute interval between them, and no boxer shall be allowed
3 to participate in more than 12 15 rounds within 72
4 consecutive hours. At each boxing contest there shall be a
5 referee in attendance who shall direct and control the
6 contest. The referee, before each contest, shall learn the
7 name of the contestant's chief second and shall hold the
8 chief second responsible for the conduct of his assistant
9 during the progress of the match.
10 There shall be 2 judges in attendance who shall render a
11 decision at the end of each match. The decision of the
12 judges, taken together with the decision of the referee, is
13 final; or, 3 judges shall score the match with the referee
14 not scoring. The method of scoring shall be set forth in
15 rules is to be determined by the Secretary of the Board or
16 the Supervisor of the Board.
17 During each boxing contest each contestant shall wear
18 gloves weighing not less than 6 ounces.
19 Judges, or referees, or timekeepers for contests shall be
20 assigned by the Department Director or his designee. The
21 referee, the Director, the board or any inspector appointed
22 by the Department or its representative shall have discretion
23 to declare a price, remuneration, or purse or any part of it
24 belonging to the contestant withheld if in the their judgment
25 of the Department or its representative the contestant is not
26 honestly competing. The Department shall have the authority
27 to prevent a contest or exhibition from being held and shall
28 have the authority to stop a fight for noncompliance with any
29 part of this Act or rules or when, in the judgment of the
30 Department, or its representative, continuation of the event
31 would endanger the health, safety, and welfare of the
32 contestants or spectators.
33 (Source: P.A. 85-225.)
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1 (225 ILCS 105/13) (from Ch. 111, par. 5013)
2 Sec. 13. Tickets; tax. Tickets to athletic events,
3 other than an athletic event conducted at premises with an
4 indoor seating capacity of more than 17,000, shall be printed
5 in such form as the Department shall prescribe. A certified
6 sworn inventory of all tickets printed for any event shall be
7 mailed to the Department by the promoter printer not less
8 than 7 days before the event, and a sworn inventory of all
9 tickets printed for any event shall be sent to the Department
10 by the promoter within 24 hours after receipt of delivery
11 from the printer. The total number of tickets printed shall
12 not exceed the total seating capacity of the premises in
13 which the event is to be held. No tickets of admission to any
14 event, other than an athletic event conducted at premises
15 with an indoor seating capacity of more than 17,000, shall be
16 sold except those declared on an official ticket inventory as
17 described in this Section.
18 A promoter who conducts an athletic event under this Act,
19 other than an athletic event conducted at premises with an
20 indoor seating capacity of more than 17,000, shall, within 24
21 hours after such event: (1) furnish to the Department a
22 written report verified by the promoter or his authorized
23 designee showing the number of tickets sold for the contest
24 or the actual ticket stubs and the amount of the gross
25 proceeds thereof; and (2) pay to the Department State
26 Treasurer a tax of 10% of the first $500,000 of gross
27 receipts from the sale of admission tickets, to be placed in
28 the General Revenue Fund. Also, every person, showing or
29 holding any boxing match or wrestling exhibition on a closed
30 circuit telecast viewed in this State, whether originating
31 within this State, or another state or country, where
32 admission is charged, shall register with the Department and
33 pay a $400 fee each year of registration. Registrant shall
34 be entitled to show unlimited closed circuit events during
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1 the year the registration is valid. A $25 fee shall be paid
2 for each event at each location where the boxing contest or
3 wrestling exhibition is shown by a licensed Illinois
4 promoter. The Department shall prescribe rules for the
5 implementation of this registration. These closed circuit TV
6 fees shall be paid to the Department of Professional
7 Regulation.
8 (Source: P.A. 90-580, eff. 5-21-98.)
9 (225 ILCS 105/14) (from Ch. 111, par. 5014)
10 Sec. 14. Failure to report ticket sales and tax. If the
11 permit holder fails to make a report as required by Section
12 13, or if such report is unsatisfactory, the Department State
13 Treasurer may examine or cause to be examined the books and
14 records of any such holder or his associates or any other
15 person as a witness under oath to determine the total amount
16 of tax due under this Act.
17 If it is determined that there has been a default in the
18 payment of a tax, the promoter shall be given 20 days notice
19 of the amount due which shall include the expenses incurred
20 in making the examination.
21 If the promoter does not pay the amount due he shall be
22 disqualified from obtaining a permit under this Act and the
23 Attorney General shall institute suit upon the bond filed
24 pursuant to this Act to recover the tax or penalties imposed
25 by this Act.
26 (Source: P.A. 82-522.)
27 (225 ILCS 105/15) (from Ch. 111, par. 5015)
28 Sec. 15. Inspectors. The Director may appoint inspectors
29 to assist the Department staff in the administration of the
30 Act. Such inspectors shall receive compensation $75 for each
31 day they are engaged in the transacting of business of the
32 Department. Each inspector shall carry a card issued by the
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1 Department to authorize him to act in such capacity. The
2 inspector or inspectors shall supervise each event to ensure
3 that the provisions of the Act are strictly enforced. The
4 inspectors shall also be present at the counting of the gross
5 receipts and shall immediately deliver to the Department the
6 official box office statement as required by Section 13.
7 (Source: P.A. 87-1182.)
8 (225 ILCS 105/16) (from Ch. 111, par. 5016)
9 Sec. 16. Discipline and sanctions.
10 (a) The Department may refuse to issue a permit or
11 license, refuse to renew, suspend, revoke, reprimand, place
12 on probation, or take such other disciplinary action as the
13 Department may deem proper, including the imposition of fines
14 not to exceed $5,000 $1,000 for each violation, with regard
15 to any license or permit holder for any one or combination of
16 the following reasons:
17 (1) 1. gambling, betting or wagering on the result
18 of or a contingency connected with an athletic event or
19 permitting such activity to take place;
20 (2) 2. participating in or permitting a sham or
21 fake boxing match;
22 (3) 3. holding the athletic event at any other time
23 or place than is stated on the permit application;
24 (4) 4. permitting any contestant or referees other
25 than those stated on the permit application to
26 participate in an athletic event, except as provided in
27 Section 9;
28 (5) 5. violation or aiding in the violation of any
29 of the provisions of this Act or any rules or regulations
30 promulgated thereto;
31 (6) 6. violation of any federal, State or local
32 laws of the United States or other jurisdiction governing
33 athletic events or any regulation promulgated pursuant
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1 thereto;
2 (7) 7. charging a greater rate or rates of
3 admission than is specified on the permit application;
4 (8) 8. failure to obtain all the necessary permits,
5 registrations, or licenses as required under this Act;
6 (9) 9. failure to file the necessary bond or to pay
7 the gross receipts tax as required by this Act;
8 (10) 10. engaging in dishonorable, unethical or
9 unprofessional conduct of a character likely to deceive,
10 defraud or harm the public, or which is detrimental to
11 honestly conducted athletic events;
12 (11) 11. employment of fraud, deception or any
13 unlawful means in applying for or securing a permit
14 license, or registration under this Act;
15 (12) 12. permitting a physician making the physical
16 examination to knowingly certify falsely to the physical
17 condition of a contestant;
18 (13) 13. permitting contestants of widely disparate
19 weights or abilities to engage in athletic events;
20 (14) 14. boxing while under medical suspension in
21 this State or in any other state, territory or country;
22 (15) 15. physical illness, including, but not
23 limited to, deterioration through the aging process, or
24 loss of motor skills which results in the inability to
25 participate in athletic events with reasonable judgment,
26 skill, or safety;
27 (16) 16. allowing one's license, permit, or
28 registration issued under this Act to be used by another
29 person;
30 (17) 17. failing, within a reasonable time, to
31 provide any information requested by the Department as a
32 result of a formal or informal complaint;
33 (18) 18. professional incompetence;
34 (19) 19. failure to file a return, or to pay the
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1 tax, penalty or interest shown in a filed return, or to
2 pay any final assessment of tax, penalty or interest, as
3 required by any tax Act administered by the Illinois
4 Department of Revenue, until such time as the
5 requirements of any such tax Act are satisfied; and
6 (20) 20. holding or promoting an ultimate fighting
7 exhibition, or participating in an ultimate fighting
8 exhibition as a promoter, contestant, second, referee,
9 judge, scorer, manager, trainer, announcer, or timekeeper
10 ;, after the effective date of the rules required to be
11 adopted under Section 7.5 of this Act.
12 (21) habitual or excessive use or addiction to
13 alcohol, narcotics, stimulants, or any other chemical
14 agent or drug that results in an inability to participate
15 in an event; or
16 (22) failure to stop a contest or exhibition when
17 requested to do so by the Department.
18 (b) The determination by a circuit court that a licensee
19 is subject to involuntary admission or judicial admission as
20 provided in the Mental Health and Developmental Disabilities
21 Code operates as an automatic suspension. The suspension will
22 end only upon a finding by a court that the licensee is no
23 longer subject to involuntary admission or judicial
24 admission, issuance of an order so finding and discharging
25 the licensee, and upon the recommendation of the Board to the
26 Director that the licensee be allowed to resume his or her
27 practice.
28 (c) In enforcing this Section, the Board, upon a showing
29 of a possible violation, may compel any individual licensed
30 or registered to practice under this Act, or who has applied
31 for licensure or registration pursuant to this Act, to submit
32 to a mental or physical examination, or both, as required by
33 and at the expense of the Department. The examining
34 physicians or clinical psychologists shall be those
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1 specifically designated by the Board. The Board or the
2 Department may order the examining physician or clinical
3 psychologist to present testimony concerning this mental or
4 physical examination of the licensee, registrant, or
5 applicant. No information shall be excluded by reason of any
6 common law or statutory privilege relating to communications
7 between the licensee, registrant, or applicant and the
8 examining physician or clinical psychologist. Eye
9 examinations may be provided by a licensed and certified
10 therapeutic optometrist. The individual to be examined may
11 have, at his or her own expense, another physician of his or
12 her choice present during all aspects of the examination.
13 Failure of any individual to submit to a mental or physical
14 examination, when directed, shall be grounds for suspension
15 of a license until such time as the individual submits to the
16 examination if the Board finds, after notice and hearing,
17 that the refusal to submit to the examination was without
18 reasonable cause.
19 (d) If the Board finds an individual unable to practice
20 because of the reasons set forth in this Section, the Board
21 shall require the individual to submit to care, counseling,
22 or treatment by physicians or clinical psychologists approved
23 or designated by the Board, as a condition, term, or
24 restriction for continued, reinstated, or renewed licensure
25 or registration, or in lieu of care, counseling, or
26 treatment, the Board may recommend to the Department to file
27 a complaint to immediately suspend, revoke, or otherwise
28 discipline the license or registration of the individual. Any
29 individual whose license or registration was granted pursuant
30 to this Act, or continued, reinstated, renewed, disciplined,
31 or supervised, subject to such conditions, terms, or
32 restrictions, who shall fail to comply with such conditions,
33 terms, or restrictions, shall be referred to the Director for
34 a determination as to whether the individual shall have his
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1 or her license or registration suspended immediately, pending
2 a hearing by the Board.
3 (Source: P.A. 89-578, eff. 7-30-96.)
4 (225 ILCS 105/17.7 new)
5 Sec. 17.7. Restoration of suspended or revoked license or
6 registration. At any time after the suspension or revocation
7 of a license, the Department may restore it to the licensee
8 or registrant upon the written recommendation of the Board,
9 unless after an investigation and a hearing the Board
10 determines that restoration is not in the public interest.
11 (225 ILCS 105/17.8 new)
12 Sec. 17.8. Surrender of license. Upon the revocation or
13 suspension of a license, the licensee shall immediately
14 surrender his or her license to the Department. If the
15 licensee fails to do so, the Department has the right to
16 seize the license.
17 (225 ILCS 105/17.9 new)
18 Sec. 17.9. Summary suspension of a license. The Director
19 may summarily suspend a license or registration without a
20 hearing if the Director finds that evidence in the Director's
21 possession indicates that the continuation of practice of
22 would constitute an imminent danger to the public or the
23 individual involved. If the Director summarily suspends the
24 license or registration without a hearing, a hearing must be
25 commenced within 30 days after the suspension has occurred
26 and concluded as expeditiously as practical.
27 (225 ILCS 105/17.10 new)
28 Sec. 17.10. Administrative review; venue.
29 (a) All final administrative decisions of the Department
30 are subject to judicial review under the Administrative
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1 Review Law and its rules. The term "administrative decision"
2 is defined as in Section 3-101 of the Code of Civil
3 Procedure.
4 (b) Proceedings for judicial review shall be commenced in
5 the circuit court of the county in which the party applying
6 for review resides, but if the party is not a resident of
7 Illinois, the venue shall be in Sangamon County.
8 (225 ILCS 105/17.11 new)
9 Sec. 17.11. Certifications of record; costs. The
10 Department shall not be required to certify any record to the
11 court, to file an answer in court, or to otherwise appear in
12 any court in a judicial review proceeding unless there is
13 filed in the court, with the complaint, a receipt from the
14 Department acknowledging payment of the costs of furnishing
15 and certifying the record, which costs shall be determined by
16 the Department. Failure on the part of the plaintiff to file
17 the receipt in court is grounds for dismissal of the action.
18 (225 ILCS 105/17.12 new)
19 Sec. 17.12. Consent order. At any point in the
20 proceedings, both parties may agree to a negotiated consent
21 order. The consent order shall be final upon signature of the
22 Director.
23 (225 ILCS 105/18) (from Ch. 111, par. 5018)
24 Sec. 18. Investigations; notice and hearing. The
25 Department may investigate the actions of any applicant or of
26 any person or persons promoting or participating in a contest
27 or exhibition or any person holding or claiming to hold a
28 license. The Department shall, before revoking, suspending,
29 placing on probation, reprimanding, or taking any other
30 disciplinary action under this Act, at least 30 days before
31 the date set for the hearing, (i) notify the accused in
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1 writing of the charges made and the time and place for the
2 hearing on the charges, (ii) direct him or her to file a
3 written answer to the charges with the Board under oath
4 within 20 days after the service on him or her of the notice,
5 and (iii) inform the accused that, if he or she fails to
6 answer, default will be taken against him or her or that his
7 or her license may be suspended, revoked, or placed on
8 probationary status or that other disciplinary action may be
9 taken with regard to the license, including limiting the
10 scope, nature, or extent of his or her practice, as the
11 Department may consider proper. At the time and place fixed
12 in the notice, the Board shall proceed to hear the charges,
13 and the parties or their counsel shall be accorded ample
14 opportunity to present any pertinent statements, testimony,
15 evidence, and arguments. The Board may continue the hearing
16 from time to time. If case the person, after receiving the
17 notice, fails to file an answer, his or her license may, in
18 the discretion of the Department, be suspended, revoked, or
19 placed on probationary status or the Department may take
20 whatever disciplinary action considered proper, including
21 limiting the scope, nature, or extent of the person's
22 practice or the imposition of a fine, without a hearing, if
23 the act or acts charged constitute sufficient grounds for
24 that action under this Act. The written notice may be served
25 by personal delivery or by certified mail to the address
26 specified by the accused in his or her last notification with
27 the Department. If the Department refuses to grant a license
28 or a permit to an applicant, the applicant, at his option,
29 shall be entitled to a hearing before the Board.
30 (Source: P.A. 82-522.)
31 (225 ILCS 105/19) (from Ch. 111, par. 5019)
32 Sec. 19. Findings and recommendations. At the conclusion
33 of the hearing, the Board shall present to the Director a
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1 written report of its findings, conclusions of law, and
2 recommendations. The report shall contain a finding of
3 whether the accused person violated this Act or its rules or
4 failed to comply with the conditions required in this Act or
5 its rules. The Board shall specify the nature of any
6 violations or failure to comply and shall make its
7 recommendations to the Director. In making recommendations
8 for any disciplinary actions, the Board may take into
9 consideration all facts and circumstances bearing upon the
10 reasonableness of the conduct of the accused and the
11 potential for future harm to the public including, but not
12 limited to, previous discipline of the accused by the
13 Department, intent, degree of harm to the public and
14 likelihood of harm in the future, any restitution made by the
15 accused, and whether the incident or incidents contained in
16 the complaint appear to be isolated or represent a continuing
17 pattern of conduct. In making its recommendations for
18 discipline, the Board shall endeavor to ensure that the
19 severity of the discipline recommended is reasonably related
20 to the severity of the violation.
21 The report of findings of fact, conclusions of law, and
22 recommendation of the Board shall be the basis for the
23 Department's order refusing to issue, restore, or renew a
24 license, or otherwise disciplining a licensee. If the
25 Director disagrees with the recommendations of the Board, the
26 Director may issue an order in contravention of the Board
27 recommendations. The Director shall provide a written report
28 to the Board on any disagreement and shall specify the
29 reasons for the action in the final order. The finding is not
30 admissible in evidence against the person in a criminal
31 prosecution brought for a violation of this Act, but the
32 hearing and finding are not a bar to a criminal prosecution
33 brought for a violation of this Act. At the conclusion of the
34 hearing the board shall present to the Director a written
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1 report of its finding and recommendation. The report shall
2 contain a finding whether or not the accused person violated
3 this Act or failed to comply with the conditions required in
4 this Act. The Board shall specify the nature of the violation
5 or failure to comply, and shall make its recommendations to
6 the Director. A copy of such report shall be served upon the
7 accused, either personally or by registered or certified
8 mail. Within 20 days after such service, the accused may
9 present to the Department his or her motion in writing for a
10 rehearing, specifying the particular ground for rehearing.
11 If the accused orders and pays for a transcript of the
12 record, the time elapsing thereafter and before such
13 transcript is ready for delivery to him or her shall not be
14 counted as part of such 20 days.
15 The report of findings and recommendation of the board
16 shall be the basis for the Department's order of refusal or
17 for the granting of a license or permit. The finding is not
18 admissible in evidence against the person in a criminal
19 prosecution brought for the violation of this Act, but the
20 hearing and finding are not a bar to a criminal prosecution
21 brought for the violation of this Act.
22 (Source: P.A. 86-615.)
23 (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
24 Sec. 19.1. Appointment of a hearing officer. The
25 Director has the authority to appoint any attorney duly
26 licensed to practice law in the State of Illinois to serve as
27 the hearing officer in any action for refusal to issue,
28 restore, or renew a license or certificate of registration or
29 discipline of a licensee or certificate holder. The hearing
30 officer has full authority to conduct the hearing. The
31 hearing officer shall report his findings of fact,
32 conclusions of law, and recommendations to the Board and the
33 Director. The Board shall have has 60 days from receipt of
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1 the report to review the report of the hearing officer and
2 present its findings of fact, conclusions of law and
3 recommendations to the Director. If the Board fails to
4 present its report within the 60 day period, the Director may
5 shall issue an order based on the report of the hearing
6 officer. If the Director determines that the Board's report
7 is contrary to the manifest weight of the evidence, he may
8 issue an order in contravention of the recommendation Board's
9 report. The Director shall promptly provide a written report
10 of the Board on any deviation and shall specify the reasons
11 for the action in the final order.
12 (Source: P.A. 86-615.)
13 (225 ILCS 105/19.2 new)
14 Sec. 19.2. Subpoenas; depositions; oaths. The Department
15 has the power to subpoena and to bring before it any person
16 and to take testimony either orally or by deposition, or
17 both, with the same fees and mileage and in the same manner
18 as prescribed in civil cases in the courts of this State.
19 The Director, the designated hearing officer, and every
20 member of the Board has the power to administer oaths to
21 witnesses at any hearing that the Department is authorized to
22 conduct and any other oaths authorized in any Act
23 administered by the Department.
24 (225 ILCS 105/19.3 new)
25 Sec. 19.3. Compelling testimony. Any circuit court, upon
26 application of the Department, designated hearing officer, or
27 the applicant or licensee against whom proceedings under this
28 Act are pending, may enter an order requiring the attendance
29 of witnesses and their testimony and the production of
30 documents, papers, files, books, and records in connection
31 with any hearing or investigation. The court may compel
32 obedience to its order by proceedings for contempt.
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1 (225 ILCS 105/19.4 new)
2 Sec. 19.4. Director; rehearing. Whenever the Director
3 believes that justice has not been done in the revocation,
4 suspension, refusal to issue, restore, or renew a license, or
5 other discipline of an applicant or licensee, he or she may
6 order a rehearing by the same or other examiners.
7 (225 ILCS 105/19.5 new)
8 Sec. 19.5. Order or certified copy; prima facie proof. An
9 order or certified copy thereof, over the seal of the
10 Department and purporting to be signed by the Director, is
11 prima facie proof that:
12 (1) the signature is the genuine signature of the
13 Director;
14 (2) the Director is duly appointed and qualified;
15 and
16 (3) the Board and its members are qualified to act.
17 (225 ILCS 105/21) (from Ch. 111, par. 5021)
18 Sec. 21. Injunctive action; cease and desist order.
19 (a) If a person violates the provisions of this Act, the
20 Director, in the name of the People of the State of Illinois,
21 through the Attorney General or the State's Attorney of the
22 county in which the violation is alleged to have occurred,
23 may petition for an order enjoining the violation or for an
24 order enforcing compliance with this Act. Upon the filing of
25 a verified petition, the court with appropriate jurisdiction
26 may issue a temporary restraining order, without notice or
27 bond, and may preliminarily and permanently enjoin the
28 violation. If it is established that the person has violated
29 or is violating the injunction, the court may punish the
30 offender for contempt of court. Proceedings under this
31 Section are in addition to, and not in lieu of, all other
32 remedies and penalties provided by this Act.
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1 (b) Whenever, in the opinion of the Department, a person
2 violates any provision of this Act, the Department may issue
3 a rule to show cause why an order to cease and desist should
4 not be entered against that person. The rule shall clearly
5 set forth the grounds relied upon by the Department and shall
6 allow at least 7 days from the date of the rule to file an
7 answer satisfactory to the Department. Failure to answer to
8 the satisfaction of the Department shall cause an order to
9 cease and desist to be issued. Engaging in athletic events by
10 any licensed or unlicensed person in violation of this Act is
11 declared to be inimical to the public welfare and to be a
12 public nuisance. The Department may conduct hearings and
13 issue cease and desist orders with respect to persons engaged
14 in activities prohibited by this Act. Any person in
15 violation of a cease and desist order entered by the
16 Department shall be subject to a civil penalty payable to the
17 party injured by the violation in an amount up to $10,000.
18 Also, an action to enjoin any person from such unlawful
19 activity may be maintained in the name of the People of the
20 State of Illinois by the Attorney General, by the State's
21 Attorney of the county in which the action is brought, by the
22 Department or by any resident citizen. This remedy shall be
23 in addition to other remedies provided for violation of this
24 Act.
25 (Source: P.A. 82-522.)
26 (225 ILCS 105/23) (from Ch. 111, par. 5023)
27 Sec. 23. Fees. The fees for the administration and
28 enforcement of this Act including, but not limited to,
29 original licensure, renewal, and restoration shall be set by
30 rule. The following fees shall are not be refundable.:
31 1. The fee for a permit to hold an athletic event shall
32 be $25.
33 2. The fee for a license as a boxing promoter shall be
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1 $300 and the fee for renewal shall be calculated at the rate
2 of $150 per year.
3 3. The fee for a license as a boxing promoter shall be
4 $300 and the fee for renewal shall be calculated at the rate
5 of $150 per year.
6 4. The fee for a license as boxing contestant shall be
7 $20 and the fee for renewal shall be calculated at the rate
8 of $10 per year.
9 5. The fee for a license as a referee shall be $100 and
10 the fee for renewal shall be calculated at the rate of $50
11 per year.
12 6. The fee for a license as a judge shall be $10 and the
13 fee for renewal shall be calculated at the rate of $5 per
14 year.
15 7. The fee for a license as a manager shall be $50 and
16 the fee for renewal shall be calculated at the rate of $25
17 per year.
18 8. The fee for a license as a trainer (second) shall be
19 $10, and the fee for renewal shall be calculated at the rate
20 of $5 per year.
21 9. The fee for a license as a timekeeper shall be $50
22 and the fee for renewal shall be calculated at the rate of
23 $25 per year.
24 10. The fee for a registration of a wrestling promoter
25 shall be $300 and the fee for renewal shall be calculated at
26 the rate of $150 per year.
27 (Source: P.A. 82-522; revised 10-28-98.)
28 (225 ILCS 105/25.1 new)
29 Sec. 25.1 Medical Suspension. A licensee who is
30 determined by the examining physician to be unfit to compete
31 or officiate shall be immediately suspended until it is shown
32 that he or she is fit for further competition or officiating.
33 If the licensee disagrees with a medical suspension set at
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1 the discretion of the ringside physician, he or she may
2 request a hearing to show proof of fitness. The hearing shall
3 be provided at the earliest opportunity after the Department
4 receives a written request from the licensee.
5 If the referee has rendered a decision of technical
6 knockout against a boxing contestant or if the contestant is
7 knocked out other than by a blow to the head, the boxing
8 contestant shall be immediately suspended for a period of not
9 less than 30 days.
10 If the boxing contestant has been knocked out by a blow
11 to the head, he or she shall be suspended immediately for a
12 period of not less than 45 days.
13 Prior to reinstatement, any boxing contestant suspended
14 for his or her medical protection shall satisfactorily pass a
15 medical examination upon the direction of the Department. The
16 examining physician may require any necessary medical
17 procedures during the examination.
18 (225 ILCS 105/3 rep.)
19 (225 ILCS 105/4 rep.)
20 (225 ILCS 105/9 rep.)
21 Section 10. The Professional Boxing and Wrestling Act is
22 amended by repealing Sections 3, 4, and 9.".