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92_HB2565 LRB9201498LBgc 1 AN ACT concerning professional wrestling. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Professional Boxing and Wrestling Act is 5 amended by changing the title of the Act and Sections 0.05, 6 1, 2, 5, 7, 10, 11, 16, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.3, 7 19.4, 23, and 23.1 as follows: 8 (225 ILCS 105/Act title) 9 An Act in relation to boxingand wrestling, creating a10board, prescribing its powers and duties, providing penalties11for violation of the provisions thereof, and to amend an Act12herein named. 13 (225 ILCS 105/0.05) 14 Sec. 0.05. Declaration of public policy. Professional 15 boxingand wrestlingin 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 boxingand 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 22 boxing contestsand wrestling exhibitionsin the State of 23 Illinois. This Act shall be liberally construed to best carry 24 out these objects and purposes. 25 (Source: P.A. 91-408, eff. 1-1-00.) 26 (225 ILCS 105/1) (from Ch. 111, par. 5001) 27 Sec. 1. Short title and definitions. 28 (a) This Act may be cited as the Professional Boxingand29WrestlingAct. -2- LRB9201498LBgc 1 (b) As used in this Act: 2 1. "Department" means the Department of 3 Professional Regulation. 4 2. "Director" means the Director of Professional 5 Regulation. 6 3. "Board" means the State Boxingand Wrestling7 Board appointed by the Director. 8 4. "License" means the license issued for boxing 9 promoters, contestants, or officials in accordance with 10 this Act. 11 5. (Blank)."Registration" means the registration12issued to wrestling promoters in accordance with this13Act.14 6. "Boxing Contests" include professional boxing 15 matches and exhibitions. 16 7. (Blank)."Wrestling Exhibitions" include17professional wrestling contests, matches, events, and18shows.19 8. "Athletic Events" meansinclude both20 professional boxing contestsand professional wrestling21exhibitions. 22 9. "Permit" means the authorization from the 23 Department to a promoter to conduct professional boxing 24 contestsor professional wrestling exhibitions. 25 10. "Promoter" means a person who is licensedor26registeredand who holds a permit to conduct professional 27 boxing matchesor professional wrestling exhibitions. 28 11. Unless the context indicates otherwise, 29 "person" includes an association, partnership, 30 corporation, gymnasium, or club. 31 12. For the purposes of this Act the term "trainer" 32 includes what is commonly referred to as "second", 33 "corner man", or "coach". 34 13. "Ultimate fighting exhibition" has the meaning -3- LRB9201498LBgc 1 given by rule adopted by the Department in accordance 2 with Section 7.5. 3 14. "Professional boxer" means a person licensed by 4 the Department who competes for a money prize, purse, or 5 other type of compensation in a boxing contest, 6 exhibition, or match held in Illinois. 7 15. "Judge" means a person licensed by the 8 Department who is at ringside during a boxing match and 9 who has the responsibility of scoring the performance of 10 the participants in the contest. 11 16. "Referee" means a person licensed by the 12 Department who has the general supervision of a boxing 13 contest and is present inside of the ring during the 14 contest. 15 17. "Amateur" means a person who has never received 16 or competed for any purse or other article of value, 17 either for participating in any boxing contest or for the 18 expenses of training therefor, other than a prize that 19 does not exceed $50 in value. 20 18. "Contestant" means an individual who 21 participates in a boxing contestor wrestling exhibition. 22 19. "Second" means a person licensed by the 23 Department who is present at any boxing contest to 24 provide assistance or advice to a boxer during the 25 contest. 26 20. "Matchmaker" means a person licensed by the 27 Department who brings together professional boxers or 28 procures matches for professional boxers. 29 21. "Manager" means a person licensed by the 30 Department who is not a promoter and who, under contract, 31 agreement, or other arrangement with any boxer, 32 undertakes to, directly or indirectly, control or 33 administer the boxing affairs of boxers. 34 22. "Timekeeper" means a person licensed by the -4- LRB9201498LBgc 1 Department who is the official timer of the length of 2 rounds and the intervals between the rounds. 3 23. "Purse" means the financial guarantee or any 4 other remuneration for which contestants are 5 participating in a boxing contest. 6 24. "Physician" means a person licensed to practice 7 medicine in all its branches under the Medical Practice 8 Act of 1987. 9 (Source: P.A. 91-408, eff. 1-1-00.) 10 (225 ILCS 105/2) (from Ch. 111, par. 5002) 11 Sec. 2. State Boxingand WrestlingBoard. There is 12 created the State Boxingand WrestlingBoard consisting of 6 13 persons who shall be appointed by and shall serve in an 14 advisory capacity to the Director. One shall be a physician 15 licensed to practice medicine in all of its branches. The 16 Director shall appoint each member to serve for a term of 3 17 years and until his or her successor is appointed and 18 qualified. One member of the board shall be designated as 19 the Chairperson and one member shall be designated as the 20 Vice-chairperson. No member shall be appointed to the Board 21 for a term which would cause continuous service to be more 22 than 9 years. Service prior to January 1, 2000the effective23date of this amendatory Act of the 91st General Assembly24 shall not be considered in calculating length of service on 25 the Board. Each member of the board shall receive 26 compensation for each day he or she is engaged in transacting 27 the business of the board and, in addition, shall be 28 reimbursed for his or her authorized and approved expenses 29 necessarily incurred in relation to such service in 30 accordance with the travel regulations applicable to the 31 Department at the time the expenses are incurred. 32 A majority of the current members appointed shall 33 constitute a quorum. -5- LRB9201498LBgc 1 The members of the Board shall be immune from suit in any 2 action based upon any disciplinary proceedings or other acts 3 performed in good faith as members of the Board. 4 The Director may remove any member of the Board for 5 misconduct, incapacity, or neglect of duty. The Director 6 shall reduce to writing any causes for removal. 7 (Source: P.A. 91-408, eff. 1-1-00.) 8 (225 ILCS 105/5) (from Ch. 111, par. 5005) 9 Sec. 5. The Department shall exercise, but subject to 10 the provisions of this Act, the following functions, powers, 11 and duties: (a) to ascertain the qualifications and fitness 12 of applicants for licenses, registrationsand permits; (b) to 13 prescribe rules and regulations for the administration of the 14 Act; (c) to conduct hearings on proceedings to refuse to 15 issue, refuse to renew, revoke, suspend, or subject to 16 reprimand licenses, registrationsor permits under this Act;,17 and (d) to revoke, suspend, or refuse issuance or renewal of 18 such licenses, registrationsor permits. 19 (Source: P.A. 82-522.) 20 (225 ILCS 105/7) (from Ch. 111, par. 5007) 21 Sec. 7. In order to conduct a boxing matchor wrestling22exhibitionin this State, a promoter shall obtain a permit 23 issued by the Department in accordance with this Act and the 24 rules and regulations adopted pursuant thereto. This permit 25 shall authorize one or more contests or exhibitions. A 26 permit issued under this Act is not transferable. 27 (Source: P.A. 82-522.) 28 (225 ILCS 105/10) (from Ch. 111, par. 5010) 29 Sec. 10. Who must be licensed. In order to participate 30 in boxing contests the following persons must each be 31 licensed and in good standing with the Department: (a) -6- LRB9201498LBgc 1 promoters, (b) contestants, (c) seconds, (d) referees, (e) 2 judges, (f) managers, (g) matchmakers, and (h) timekeepers. 3 Announcers may participate in boxing contests without 4 being licensed under this Act. It shall be the 5 responsibility of the promoter to ensure that announcers 6 comply with the Act, and all rules and regulations 7 promulgated pursuant to this Act. 8 A licensed promoter may not act as, and cannot be 9 licensed as, a second, boxer, referee, timekeeper, judge, or 10 manager. If he or she is so licensed, he or she must 11 relinquish any of these licenses to the Department for 12 cancellation. A promoter may be licensed as a matchmaker. 13Persons involved with wrestling exhibitions shall supply14the Department with their name, address, telephone number,15and social security number and shall meet other requirements16as established by rule.17 (Source: P.A. 91-408, eff. 1-1-00.) 18 (225 ILCS 105/11) (from Ch. 111, par. 5011) 19 Sec. 11. Qualifications for license. The Department 20 shall grant licenses toor registerthe following persons if 21 the following qualifications are met: 22 (A) An applicant for licensure as a contestant in a 23 boxing match must: (1) be 18 years old, (2) be of good moral 24 character, (3) file an application stating the applicant's 25 correct name (and no assumed or ring name may be used unless 26 such name is registered with the Department along with the 27 applicant's correct name), date and place of birth, place of 28 current residence, and a sworn statement that he is not 29 currently in violation of any federal, State or local laws or 30 rules governing boxing, (4) file a certificate of a physician 31 licensed to practice medicine in all of its branches which 32 attests that the applicant is physically fit and qualified to 33 participate in boxing matches, and (5) pay the required fee -7- LRB9201498LBgc 1 and meet any other requirements. Applicants over age 39 who 2 have not competed in a contest within the last 36 months may 3 be required to appear before the Board to determine their 4 fitness to participate in a contest. A picture identification 5 shall be issued to all boxers licensed by the Department. The 6 identification shall be presented to the Department or its 7 representative upon request at weigh-ins or contests. 8 (B) An applicant for licensure as a boxing referee, 9 judge, manager, second, matchmaker, or timekeeper must: (1) 10 be of good moral character, (2) file an application stating 11 the applicant's name, date and place of birth, and place of 12 current residence along with a certifying statement that he 13 is not currently in violation of any federal, State, or local 14 laws or rules governing boxing, (3) have had satisfactory 15 experience in his field, (4) pay the required fee, and (5) 16 meet any other requirements as determined by rule. 17 (C) An applicant for licensure as a boxing promoter must: 18 (1) be of good moral character, (2) file an application with 19 the Department stating the applicant's name, date and place 20 of birth, place of current residence along with a certifying 21 statement that he is not currently in violation of any 22 federal, State, or local laws or rules governing boxing, (3) 23 provide proof of a surety bond of no less than $5,000 to 24 cover financial obligations pursuant to this Act, payable to 25 the Department and conditioned for the payment of the tax 26 imposed by this Act and compliance with this Act and the 27 rules promulgated pursuant to this Act, (4) provide a 28 financial statement, prepared by a certified public 29 accountant, showing liquid working capital of $10,000 or 30 more, or a $10,000 performance bond guaranteeing payment of 31 all obligations relating to the promotional activities, and 32 (5) pay the required fee and meet any other requirements. 33(D) An applicant for registration as a wrestling34promoter must: (1) be of good moral character, (2) file an-8- LRB9201498LBgc 1application with the Department stating the applicant's name,2date and place of birth, and place of current residence along3with a certifying statement that he is not currently in4violation of any federal, State, or local laws or rules5governing wrestling, (3) provide a surety bond of no less6than $10,000 to cover financial obligations pursuant to this7Act, payable to the Department and conditioned for the8payment of the tax imposed by this Act and compliance with9this Act and the rules promulgated pursuant to this Act, (4)10provide a financial statement, prepared by a certified public11accountant, showing liquid working capital of $10,000 or12more, or a $10,000 performance bond guaranteeing payment of13all obligations relating to the promotional activities, and14(5) pay the required fee and meet any other requirements.15 In determining good moral character, the Department may 16 take into consideration any violation of any of the 17 provisions of Section 16 of this Act and any felony 18 conviction of the applicant, but such a conviction shall not 19 operate as a bar to licensure. No license issued under this 20 Act is transferable. 21 The Department may issue temporary licensesand22registrationsas provided by rule. 23 (Source: P.A. 90-655, eff. 7-30-98; 91-408, eff. 1-1-00.) 24 (225 ILCS 105/16) (from Ch. 111, par. 5016) 25 Sec. 16. Discipline and sanctions. 26 (a) The Department may refuse to issue a permit,27registration,or license, refuse to renew, suspend, revoke, 28 reprimand, place on probation, or take such other 29 disciplinary action as the Department may deem proper, 30 including the imposition of fines not to exceed $5,000 for 31 each violation, with regard to any licenseor registration32 foranyone or any combination of the following reasons: 33 (1) gambling, betting or wagering on the result of -9- LRB9201498LBgc 1 or a contingency connected with an athletic event or 2 permitting such activity to take place; 3 (2) participating in or permitting a sham or fake 4 boxing contest; 5 (3) holding the athletic event at any other time or 6 place than is stated on the permit application; 7 (4) permitting any contestant other than those 8 stated on the permit application to participate in an 9 athletic event, except as provided in Section 9; 10 (5) violation or aiding in the violation of any of 11 the provisions of this Act or any rules or regulations 12 promulgated thereto; 13 (6) violation of any federal, State or local laws 14 of the United States or other jurisdiction governing 15 athletic events or any regulation promulgated pursuant 16 thereto; 17 (7) charging a greater rate or rates of admission 18 than is specified on the permit application; 19 (8) failure to obtain all the necessary permits, 20 registrations, or licenses as required under this Act; 21 (9) failure to file the necessary bond or to pay 22 the gross receipts tax as required by this Act; 23 (10) engaging in dishonorable, unethical or 24 unprofessional conduct of a character likely to deceive, 25 defraud or harm the public, or which is detrimental to 26 honestly conducted athletic events; 27 (11) employment of fraud, deception or any unlawful 28 means in applying for or securing a permit or,license,29or registrationunder this Act; 30 (12) permitting a physician making the physical 31 examination to knowingly certify falsely to the physical 32 condition of a contestant; 33 (13) permitting contestants of widely disparate 34 weights or abilities to engage in athletic events; -10- LRB9201498LBgc 1 (14) boxing while under medical suspension in this 2 State or in any other state, territory or country; 3 (15) physical illness, including, but not limited 4 to, deterioration through the aging process, or loss of 5 motor skills which results in the inability to 6 participate in athletic events with reasonable judgment, 7 skill, or safety; 8 (16) allowing one's license or,permit, or9registrationissued under this Act to be used by another 10 person; 11 (17) failing, within a reasonable time, to provide 12 any information requested by the Department as a result 13 of a formal or informal complaint; 14 (18) professional incompetence; 15 (19) failure to file a return, or to pay the tax, 16 penalty or interest shown in a filed return, or to pay 17 any final assessment of tax, penalty or interest, as 18 required by any tax Act administered by the Illinois 19 Department of Revenue, until such time as the 20 requirements of any such tax Act are satisfied; 21 (20) holding or promoting an ultimate fighting 22 exhibition, or participating in an ultimate fighting 23 exhibition as a promoter, contestant, referee, judge, 24 scorer, manager, trainer, announcer, or timekeeper; 25 (21) habitual or excessive use or addiction to 26 alcohol, narcotics, stimulants, or any other chemical 27 agent or drug that results in an inability to participate 28 in an event; or 29 (22) failure to stop a contest or exhibition when 30 requested to do so by the Department. 31 (b) The determination by a circuit court that a licensee 32 is subject to involuntary admission or judicial admission as 33 provided in the Mental Health and Developmental Disabilities 34 Code operates as an automatic suspension. The suspension will -11- LRB9201498LBgc 1 end only upon a finding by a court that the licensee is no 2 longer subject to involuntary admission or judicial 3 admission, issuance of an order so finding and discharging 4 the licensee, and upon the recommendation of the Board to the 5 Director that the licensee be allowed to resume his or her 6 practice. 7 (c) In enforcing this Section, the Board, upon a showing 8 of a possible violation, may compel any individual licensed 9or registeredto practice under this Act, or who has applied 10 for licensureor registrationpursuant to this Act, to submit 11 to a mental or physical examination, or both, as required by 12 and at the expense of the Department. The examining 13 physicians or clinical psychologists shall be those 14 specifically designated by the Board. The Board or the 15 Department may order the examining physician or clinical 16 psychologist to present testimony concerning this mental or 17 physical examination of the licensee, registrant,or 18 applicant. No information shall be excluded by reason of any 19 common law or statutory privilege relating to communications 20 between the licensee, registrant,or applicant and the 21 examining physician or clinical psychologist. Eye 22 examinations may be provided by a licensed and certified 23 therapeutic optometrist. The individual to be examined may 24 have, at his or her own expense, another physician of his or 25 her choice present during all aspects of the examination. 26 Failure of any individual to submit to a mental or physical 27 examination, when directed, shall be grounds for suspension 28 of a license until such time as the individual submits to the 29 examination if the Board finds, after notice and hearing, 30 that the refusal to submit to the examination was without 31 reasonable cause. 32 (d) If the Board finds an individual unable to practice 33 because of the reasons set forth in this Section, the Board 34 shall require the individual to submit to care, counseling, -12- LRB9201498LBgc 1 or treatment by physicians or clinical psychologists approved 2 or designated by the Board, as a condition, term, or 3 restriction for continued, reinstated, or renewed licensure 4or registration, or in lieu of care, counseling, or 5 treatment, the Board may recommend to the Department to file 6 a complaint to immediately suspend, revoke, or otherwise 7 discipline the licenseor registrationof the individual. Any 8 individual whose licenseor registrationwas granted pursuant 9 to this Act, or continued, reinstated, renewed, disciplined, 10 or supervised, subject to such conditions, terms, or 11 restrictions, who shall fail to comply with such conditions, 12 terms, or restrictions, shall be referred to the Director for 13 a determination as to whether the individual shall have his 14 or her licenseor registrationsuspended immediately, pending 15 a hearing by the Board. 16 (Source: P.A. 91-408, eff. 1-1-00.) 17 (225 ILCS 105/17.7) 18 Sec. 17.7. Restoration of suspended or revoked licenseor19registration. At any time after the suspension or revocation 20 of a license, the Department may restore it to the licensee 21or registrantupon the written recommendation of the Board, 22 unless after an investigation and a hearing the Board 23 determines that restoration is not in the public interest. 24 (Source: P.A. 91-408, eff. 1-1-00.) 25 (225 ILCS 105/17.8) 26 Sec. 17.8. Surrender of licenseor registration. Upon 27 the revocation or suspension of a license or registration, 28 the licenseeor registrantshall immediately surrender his or 29 her licenseor registrationto the Department. If the 30 licenseeor registrantfails to do so, the Department has the 31 right to seize the licenseor registration. 32 (Source: P.A. 91-408, eff. 1-1-00.) -13- LRB9201498LBgc 1 (225 ILCS 105/17.9) 2 Sec. 17.9. Summary suspension of a licenseor3registration. The Director may summarily suspend a licenseor4registrationwithout a hearing if the Director finds that 5 evidence in the Director's possession indicates that the 6 continuation of practice would constitute an imminent danger 7 to the public or the individual involved. If the Director 8 summarily suspends the licenseor registrationwithout a 9 hearing, a hearing must be commenced within 30 days after the 10 suspension has occurred and concluded as expeditiously as 11 practical. 12 (Source: P.A. 91-408, eff. 1-1-00.) 13 (225 ILCS 105/18) (from Ch. 111, par. 5018) 14 Sec. 18. Investigations; notice and hearing. The 15 Department may investigate the actions of any applicant or of 16 any person or persons promoting or participating in a contest 17or exhibitionor any person holding or claiming to hold a 18 licenseor registration. The Department shall, before 19 revoking, suspending, placing on probation, reprimanding, or 20 taking any other disciplinary action under this Act, at least 21 30 days before the date set for the hearing, (i) notify the 22 accused in writing of the charges made and the time and place 23 for the hearing on the charges, (ii) direct him or her to 24 file a written answer to the charges with the Board under 25 oath within 20 days after the service on him or her of the 26 notice, and (iii) inform the accused that, if he or she fails 27 to answer, default will be taken against him or her or that 28 his or her licenseor registrationmay be suspended, revoked, 29 or placed on probationary status or that other disciplinary 30 action may be taken with regard to the licenseor31registration, including limiting the scope, nature, or extent 32 of his or her practice, as the Department may consider 33 proper. At the time and place fixed in the notice, the Board -14- LRB9201498LBgc 1 shall proceed to hear the charges, and the parties or their 2 counsel shall be accorded ample opportunity to present any 3 pertinent statements, testimony, evidence, and arguments. The 4 Board may continue the hearing from time to time. In case the 5 person, after receiving the notice, fails to file an answer, 6 his or her licenseor registrationmay, in the discretion of 7 the Department, be suspended, revoked, or placed on 8 probationary status or the Department may take whatever 9 disciplinary action considered proper, including limiting the 10 scope, nature, or extent of the person's practice or the 11 imposition of a fine, without a hearing, if the act or acts 12 charged constitute sufficient grounds for that action under 13 this Act. The written notice may be served by personal 14 delivery or by certified mail to the address specified by the 15 accused in his or her last notification with the Department. 16 (Source: P.A. 91-408, eff. 1-1-00.) 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 -15- LRB9201498LBgc 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 licenseor registration, or otherwise disciplining a licensee 11or registrant. If the Director disagrees with the 12 recommendations of the Board, the Director may issue an order 13 in contravention of the Board recommendations. The Director 14 shall provide a written report to the Board on any 15 disagreement and shall specify the reasons for the action in 16 the final order. The finding is not admissible in evidence 17 against the person in a criminal prosecution brought for a 18 violation of this Act, but the hearing and finding are not a 19 bar to a criminal prosecution brought for a violation of this 20 Act. 21 (Source: P.A. 91-408, eff. 1-1-00.) 22 (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1) 23 Sec. 19.1. Appointment of a hearing officer. The 24 Director has the authority to appoint any attorney duly 25 licensed to practice law in the State of Illinois to serve as 26 the hearing officer in any action for refusal to issue, 27 restore, or renew a licenseor certificate of registrationor 28 discipline of a licenseeor registrant. The hearing officer 29 has full authority to conduct the hearing. The hearing 30 officer shall report his or her findings of fact, conclusions 31 of law, and recommendations to the Board and the Director. 32 The Board shall have 60 days from receipt of the report to 33 review the report of the hearing officer and present its -16- LRB9201498LBgc 1 findings of fact, conclusions of law and recommendations to 2 the Director. If the Board fails to present its report 3 within the 60 day period, the Director may issue an order 4 based on the report of the hearing officer. If the Director 5 determines that the Board's report is contrary to the 6 manifest weight of the evidence, he may issue an order in 7 contravention of the recommendation. The Director shall 8 promptly provide a written report of the Board on any 9 deviation and shall specify the reasons for the action in the 10 final order. 11 (Source: P.A. 91-408, eff. 1-1-00.) 12 (225 ILCS 105/19.3) 13 Sec. 19.3. Compelling testimony. Any circuit court, upon 14 application of the Department, designated hearing officer, or 15 the applicant or,licensee, or registrantagainst whom 16 proceedings under this Act are pending, may enter an order 17 requiring the attendance of witnesses and their testimony and 18 the production of documents, papers, files, books, and 19 records in connection with any hearing or investigation. The 20 court may compel obedience to its order by proceedings for 21 contempt. 22 (Source: P.A. 91-408, eff. 1-1-00.) 23 (225 ILCS 105/19.4) 24 Sec. 19.4. Director; rehearing. Whenever the Director 25 believes that justice has not been done in the revocation, 26 suspension, refusal to issue, restore, or renew a licenseor27registration, or other discipline of an applicant or,28 licensee,or registrant,he or she may order a rehearing by 29 the same or other examiners. 30 (Source: P.A. 91-408, eff. 1-1-00.) 31 (225 ILCS 105/23) (from Ch. 111, par. 5023) -17- LRB9201498LBgc 1 Sec. 23. Fees. The fees for the administration and 2 enforcement of this Act including, but not limited to, 3 original licensureor registration, renewal, and restoration 4 shall be set by rule. The fees shall not be refundable. 5(Blank).6 (Source: P.A. 91-357, eff. 7-29-99; 91-408, eff. 1-1-00; 7 revised 8-27-99.) 8 (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1) 9 Sec. 23.1. Returned checks; fines. Any person who 10 delivers a check or other payment to the Department that is 11 returned to the Department unpaid by the financial 12 institution upon which it is drawn shall pay to the 13 Department, in addition to the amount already owed to the 14 Department, a fine of $50. If the check or other payment was 15 for a renewal or issuance fee and that person practices 16 without paying the renewal fee or issuance fee and the fine 17 due, an additional fine of $100 shall be imposed. The fines 18 imposed by this Section are in addition to any other 19 discipline provided under this Act for unlicensed practice or 20 practice on a nonrenewed license. The Department shall notify 21 the person that payment of fees and fines shall be paid to 22 the Department by certified check or money order within 30 23 calendar days of the notification. If, after the expiration 24 of 30 days from the date of the notification, the person has 25 failed to submit the necessary remittance, the Department 26 shall automatically terminate the licenseor certificateor 27 deny the application, without hearing. If, after termination 28 or denial, the person seeks a licenseor certificate, he or 29 she shall apply to the Department for restoration or issuance 30 of the licenseor certificateand pay all fees and fines due 31 to the Department. The Department may establish a fee for the 32 processing of an application for restoration of a licenseor33certificateto pay all expenses of processing this -18- LRB9201498LBgc 1 application. The Director may waive the fines due under this 2 Section in individual cases where the Director finds that the 3 fines would be unreasonable or unnecessarily burdensome. 4 (Source: P.A. 86-615; 87-1031.) 5 Section 10. The Regulatory Sunset Act is amended by 6 changing Section 4.12 and adding Section 4.22 as follows: 7 (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12) 8 Sec. 4.12. The following Acts are repealed December 31, 9 2001: 10The Professional Boxing and Wrestling Act.11 The Interior Design Profession Title Act. 12 The Detection of Deception Examiners Act. 13 The Water Well and Pump Installation Contractor's License 14 Act. 15 (Source: P.A. 86-1404; 86-1475; 87-703.) 16 (5 ILCS 80/4.22 new) 17 Sec. 4.22. The Professional Boxing Act. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.