State of Illinois
92^nd General Assembly
Legislation

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92_HB2565enr

HB2565 Enrolled                                LRB9201498LBgc

 1        AN ACT in relation to sports.

 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, 8, 10, 11, 12, 13, 15, 16, 17.7, 17.8, 17.9,  18,
 7    19, 19.1, 19.3, 19.4, 23, and 23.1 as follows:

 8        (225 ILCS 105/Act title)
 9        An  Act in relation to professional boxing and wrestling,
10    creating  a  board,  prescribing  its  powers   and   duties,
11    providing  penalties for violation of the provisions thereof,
12    and to amend an Act herein named.

13        (225 ILCS 105/0.05)
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
22    boxing contests and wrestling exhibitions  in  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 Boxing and
29    Wrestling Act.
 
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 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 Professional Boxing  and
 7        Wrestling 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 registration
12        issued to wrestling promoters  in  accordance  with  this
13        Act.
14             6.  "Boxing  Contests"  include  professional boxing
15        matches and exhibitions.
16             7.  (Blank).   "Wrestling    Exhibitions"    include
17        professional  wrestling  contests,  matches,  events, and
18        shows.
19             8.  (Blank).   "Athletic   Events"   include    both
20        professional  boxing  contests and professional wrestling
21        exhibitions.
22             9.  "Permit"  means  the  authorization   from   the
23        Department  to  a promoter to conduct professional boxing
24        contests or professional wrestling exhibitions.
25             10.  "Promoter" means a person who  is  licensed  or
26        registered and who holds a permit to conduct professional
27        boxing   contests   matches   or  professional  wrestling
28        exhibitions.
29             11.  Unless   the   context   indicates   otherwise,
30        "person"   includes    an    association,    partnership,
31        corporation, gymnasium, or club.
32             12.  (Blank).  For the purposes of this Act the term
33        "trainer"  includes  what  is  commonly  referred  to  as
34        "second", "corner man", or "coach".
 
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 1             13.  "Ultimate fighting exhibition" has the  meaning
 2        given  by  rule  adopted  by the Department in accordance
 3        with Section 7.5.
 4             14.  "Professional boxer" means a person licensed by
 5        the Department who competes for a money prize, purse,  or
 6        other   type   of   compensation  in  a  boxing  contest,
 7        exhibition, or match held in Illinois.
 8             15.  "Judge"  means  a  person   licensed   by   the
 9        Department  who  is at ringside during a boxing match and
10        who has the responsibility of scoring the performance  of
11        the participants in the contest.
12             16.  "Referee"   means  a  person  licensed  by  the
13        Department who has the general supervision  of  a  boxing
14        contest  and  is  present  inside  of the ring during the
15        contest.
16             17.  "Amateur" means a person who has never received
17        or competed for any purse  or  other  article  of  value,
18        either for participating in any boxing contest or for the
19        expenses  of  training  therefor, other than a prize that
20        does not exceed $50 in value.
21             18.   "Contestant"   means   an    individual    who
22        participates in a boxing contest or wrestling exhibition.
23             19.    "Second"  means  a  person  licensed  by  the
24        Department who  is  present  at  any  boxing  contest  to
25        provide  assistance  or  advice  to  a  boxer  during the
26        contest.
27             20. "Matchmaker" means  a  person  licensed  by  the
28        Department  who  brings  together  professional boxers or
29        procures matches or contests for professional boxers.
30             21.  "Manager"  means  a  person  licensed  by   the
31        Department who is not a promoter and who, under contract,
32        agreement,   or   other   arrangement   with  any  boxer,
33        undertakes  to,  directly  or  indirectly,   control   or
34        administer the boxing affairs of boxers.
 
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 1             22.  "Timekeeper"  means  a  person  licensed by the
 2        Department who is the official timer  of  the  length  of
 3        rounds and the intervals between the rounds.
 4             23.  "Purse"  means  the  financial guarantee or any
 5        other   remuneration   for    which    contestants    are
 6        participating in a boxing contest.
 7             24.  "Physician" means a person licensed to practice
 8        medicine  in  all its branches under the Medical Practice
 9        Act of 1987.
10    (Source: P.A. 91-408, eff. 1-1-00.)

11        (225 ILCS 105/2) (from Ch. 111, par. 5002)
12        Sec. 2.  State Professional Boxing and  Wrestling  Board.
13    There  is created the State Professional Boxing and Wrestling
14    Board consisting of 6 persons who shall be appointed  by  and
15    shall  serve  in  an  advisory capacity to the Director.  One
16    shall be a physician licensed to practice medicine in all  of
17    its branches. The Director shall appoint each member to serve
18    for  a  term  of  3  years  and until his or her successor is
19    appointed and qualified.  One member of the  board  shall  be
20    designated  as  the  Chairperson  and  one  member  shall  be
21    designated  as  the  Vice-chairperson.  No  member  shall  be
22    appointed   to  the  Board  for  a  term  which  would  cause
23    continuous service to be more than 9 years. Service prior  to
24    January  1, 2000 the effective date of this amendatory Act of
25    the  91st  General  Assembly  shall  not  be  considered   in
26    calculating  length  of  service on the Board. Each member of
27    the board shall receive compensation for each day he  or  she
28    is  engaged  in transacting the business of the board and, in
29    addition, shall be reimbursed for his or her  authorized  and
30    approved  expenses  necessarily  incurred in relation to such
31    service in accordance with the travel regulations  applicable
32    to the Department at the time the expenses are incurred.
33        A   majority  of  the  current  members  appointed  shall
 
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 1    constitute a quorum.
 2        The members of the Board shall be immune from suit in any
 3    action based upon any disciplinary proceedings or other  acts
 4    performed in good faith as members of the Board.
 5        The  Director  may  remove  any  member  of the Board for
 6    misconduct, incapacity, or  neglect  of  duty.  The  Director
 7    shall reduce to writing any causes for removal.
 8    (Source: P.A. 91-408, eff. 1-1-00.)

 9        (225 ILCS 105/5) (from Ch. 111, par. 5005)
10        Sec.  5.   The  Department shall exercise, but subject to
11    the provisions of this Act, the following functions,  powers,
12    and  duties:  (a) to ascertain the qualifications and fitness
13    of applicants for licenses, registrations and permits; (b) to
14    prescribe rules and regulations for the administration of the
15    Act; (c) to conduct hearings  on  proceedings  to  refuse  to
16    issue,  refuse  to  renew,  revoke,  suspend,  or  subject to
17    reprimand licenses, registrations or permits under this Act;,
18    and (d) to revoke, suspend, or refuse issuance or renewal  of
19    such licenses, registrations or permits.
20    (Source: P.A. 82-522.)

21        (225 ILCS 105/7) (from Ch. 111, par. 5007)
22        Sec.  7.   In  order to conduct a boxing contest match or
23    wrestling exhibition in this State, a promoter shall obtain a
24    permit issued by the Department in accordance with  this  Act
25    and the rules and regulations adopted pursuant thereto.  This
26    permit  shall  authorize one or more contests or exhibitions.
27    A permit issued under this Act is not transferable.
28    (Source: P.A. 82-522.)

29        (225 ILCS 105/8) (from Ch. 111, par. 5008)
30        Sec. 8. Permits.
31        (a)  A promoter who desires to obtain a permit to conduct
 
HB2565 Enrolled             -6-                LRB9201498LBgc
 1    a boxing  contest  an  athletic  event  shall  apply  to  the
 2    Department  at  least 20 days prior to the event, in writing,
 3    on forms furnished by the Department.  The application  shall
 4    be accompanied by the required fee and shall contain at least
 5    the following information:
 6             (1)   the names and addresses of the promoter;
 7             (2)  the name of the matchmaker;
 8             (3)  the  time  and  exact  location  of  the boxing
 9        contest athletic event;
10             (4) the seating capacity of the building  where  the
11        event is to be held;
12             (5)  a  copy  of  the lease or proof of ownership of
13        the building where the event is to be held;
14             (6)  the admission charge or charges to be made; and
15             (7)  proof  of  adequate   security   measures   and
16        adequate medical supervision, as determined by Department
17        rule,  to  ensure the protection of the health and safety
18        of the general public  while  attending  boxing  contests
19        athletic   events   and  the  contestants'  safety  while
20        participating in the events  and  any  other  information
21        that  the  Department  may  determine by rule in order to
22        issue a permit.
23        (b)  After the initial application and within 10 days  of
24    a  scheduled event, a promoter shall submit to the Department
25    all of the following information:
26             (1) The amount of compensation to be  paid  to  each
27        participant.
28             (2) The names of the contestants.
29             (3) Proof of insurance for not less than $10,000 for
30        each  contestant  participating  in  a  boxing contest or
31        exhibition.
32        Insurance required under this subsection shall cover  (i)
33    hospital,  medication,  physician, and other such expenses as
34    would accrue in the treatment of an injury as a result of the
 
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 1    boxing contest or exhibition and (ii) payment to  the  estate
 2    of  the  contestant  in  the  event  of his or her death as a
 3    result of his or her participation in the boxing  contest  or
 4    exhibition.
 5        (c)  All   boxing   promoters   shall   provide   to  the
 6    Department, at least 24 hours prior to  commencement  of  the
 7    event,  the amount of the purse to be paid for the event. The
 8    Department shall promulgate rules for payment of the purse.
 9        (d)  The boxing contest shall be held in  an  area  where
10    adequate  neurosurgical  facilities are immediately available
11    for skilled emergency treatment of an injured  boxer.  It  is
12    the  responsibility  of  the  promoter  to  ensure  that  the
13    building  to  be  used  for the event complies with all laws,
14    ordinances, and regulations in the  city,  town,  or  village
15    where  the  boxing  contest athletic event is to be held. The
16    Department may issue a permit to any promoter who  meets  the
17    requirements of this Act and the rules. The permit shall only
18    be  issued  for  a  specific  date  and  location of a boxing
19    contest an athletic event and shall not be  transferable.  In
20    an  emergency, the Department may allow a promoter to amend a
21    permit application to hold a boxing contest an athletic event
22    in a different location than the  application  specifies  and
23    may allow the promoter to substitute contestants.
24        (e)  The  Department  shall  be responsible for assigning
25    the judge,  timekeepers,  referees,  physician,  and  medical
26    personnel   for   a   boxing   contest.   It   shall  be  the
27    responsibility of the promoter  to  cover  the  cost  of  the
28    individuals utilized at a boxing contest an athletic event.
29    (Source: P.A. 91-408, eff. 1-1-00.)

30        (225 ILCS 105/10) (from Ch. 111, par. 5010)
31        Sec.  10.  Who must be licensed.  In order to participate
32    in  boxing  contests  the  following  persons  must  each  be
33    licensed and  in  good  standing  with  the  Department:  (a)
 
HB2565 Enrolled             -8-                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 person possessing a valid promoter's  license
13    may  act  as  a  matchmaker.  A promoter may be licensed as a
14    matchmaker.
15        Persons involved with wrestling exhibitions shall  supply
16    the  Department  with  their name, address, telephone number,
17    and social security number and shall meet other  requirements
18    as established by rule.
19    (Source: P.A. 91-408, eff. 1-1-00.)

20        (225 ILCS 105/11) (from Ch. 111, par. 5011)
21        Sec.  11.   Qualifications  for  license.  The Department
22    shall grant licenses to or register the following persons  if
23    the following qualifications are met:
24        (A)  An  applicant  for  licensure  as  a contestant in a
25    boxing contest match must: (1) be 18 years  old,  (2)  be  of
26    good  moral  character,  (3)  file an application stating the
27    applicant's correct name (and no assumed or ring name may  be
28    used unless such name is registered with the Department along
29    with  the applicant's correct name), date and place of birth,
30    place of current residence, and a sworn statement that he  is
31    not  currently  in  violation  of any federal, State or local
32    laws or rules governing boxing, (4) file a certificate  of  a
33    physician  licensed  to  practice  medicine  in  all  of  its
 
HB2565 Enrolled             -9-                LRB9201498LBgc
 1    branches  which  attests that the applicant is physically fit
 2    and qualified to participate in boxing contests matches,  and
 3    (5)  pay  the  required  fee and meet any other requirements.
 4    Applicants over age 35 39 who have not competed in a  contest
 5    within  the  last  36 months may be required to appear before
 6    the Board to determine their  fitness  to  participate  in  a
 7    contest. A picture identification card shall be issued to all
 8    boxers  licensed  by  the  Department  who  are  residents of
 9    Illinois or who are residents of any jurisdiction, state,  or
10    country  that  does  not  regulate  professional  boxing. The
11    identification card shall be presented to the  Department  or
12    its representative upon request at weigh-ins or contests.
13        (B)  An  applicant  for  licensure  as  a boxing referee,
14    judge, manager, second, matchmaker, or timekeeper  must:  (1)
15    be  of  good moral character, (2) file an application stating
16    the applicant's name, date and place of birth, and  place  of
17    current  residence  along with a certifying statement that he
18    is not currently in violation of any federal, State, or local
19    laws or rules governing boxing,  (3)  have  had  satisfactory
20    experience  in  his  field, (4) pay the required fee, and (5)
21    meet any other requirements as determined by rule.
22        (C) An applicant for licensure as a boxing promoter must:
23    (1) be of good moral character, (2) file an application  with
24    the  Department  stating the applicant's name, date and place
25    of birth, place of current residence along with a  certifying
26    statement  that  he  is  not  currently  in  violation of any
27    federal, State, or local laws or rules governing boxing,  (3)
28    provide  proof  of  a  surety  bond of no less than $5,000 to
29    cover financial obligations pursuant to this Act, payable  to
30    the  Department  and  conditioned  for the payment of the tax
31    imposed by this Act and compliance  with  this  Act  and  the
32    rules  promulgated  pursuant  to  this  Act,  (4)  provide  a
33    financial   statement,   prepared   by   a  certified  public
34    accountant, showing liquid  working  capital  of  $10,000  or
 
HB2565 Enrolled             -10-               LRB9201498LBgc
 1    more,  or  a $10,000 performance bond guaranteeing payment of
 2    all obligations relating to the promotional  activities,  and
 3    (5) pay the required fee and meet any other requirements.
 4        (D)   An   applicant  for  registration  as  a  wrestling
 5    promoter must: (1) be of good moral character,  (2)  file  an
 6    application with the Department stating the applicant's name,
 7    date and place of birth, and place of current residence along
 8    with  a  certifying  statement  that  he  is not currently in
 9    violation of any federal,  State,  or  local  laws  or  rules
10    governing  wrestling,  (3)  provide  a surety bond of no less
11    than $10,000 to cover financial obligations pursuant to  this
12    Act,  payable  to  the  Department  and  conditioned  for the
13    payment of the tax imposed by this Act  and  compliance  with
14    this  Act and the rules promulgated pursuant to this Act, (4)
15    provide a financial statement, prepared by a certified public
16    accountant, showing liquid  working  capital  of  $10,000  or
17    more,  or  a $10,000 performance bond guaranteeing payment of
18    all obligations relating to the promotional  activities,  and
19    (5) pay the required fee and meet any other requirements.
20        In  determining  good moral character, the Department may
21    take  into  consideration  any  violation  of  any   of   the
22    provisions   of  Section  16  of  this  Act  and  any  felony
23    conviction of the applicant, but such a conviction shall  not
24    operate  as  a bar to licensure. No license issued under this
25    Act is transferable.
26        The  Department  may   issue   temporary   licenses   and
27    registrations as provided by rule.
28    (Source: P.A. 90-655, eff. 7-30-98; 91-408, eff. 1-1-00.)

29        (225 ILCS 105/12) (from Ch. 111, par. 5012)
30        Sec.  12.  Boxing contests.  Each boxing contestant shall
31    be examined before entering the ring  and  immediately  after
32    each  contest by a physician licensed to practice medicine in
33    all of its branches. The physician shall determine, prior  to
 
HB2565 Enrolled             -11-               LRB9201498LBgc
 1    the  contest,  if each contestant is physically fit to engage
 2    in the contest. After the contest the physician shall examine
 3    the  contestant  to  determine  possible   injury.   If   the
 4    contestant's  physical  condition so indicates, the physician
 5    shall  recommend  to   the   Department   immediate   medical
 6    suspension.    The  physician  may,  at  any  time during the
 7    contest, stop the contest to examine a boxer,  and  terminate
 8    the  contest when, in the physician's opinion, continuing the
 9    contest could result in serious injury  to  the  boxer.   The
10    physician shall certify to the condition of the contestant in
11    writing,  over  his  signature on blank forms provided by the
12    Department. Such reports shall be submitted to the Department
13    in a timely manner.  The  physician  shall  be  paid  by  the
14    promoter  a  fee  fixed  by the Department. No boxing contest
15    shall  be  held  unless  a  physician  licensed  to  practice
16    medicine in all of its branches is in attendance.
17        No contest shall be allowed to begin unless at least  one
18    physician  and  2  trained  paramedics  or  2  nurses who are
19    trained to administer emergency medical care are present.
20        No contest shall be more than 12 rounds  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 12 rounds within 72 consecutive
24    hours. At each boxing contest there shall  be  a  referee  in
25    attendance  who  shall  direct  and  control the contest. The
26    referee, before each contest, shall learn  the  name  of  the
27    contestant's  chief  second  and  shall hold the chief second
28    responsible for the  conduct  of  his  assistant  during  the
29    progress of the contest match.
30        There  shall be 2 judges in attendance who shall render a
31    decision at the end of each contest match.  The  decision  of
32    the  judges, taken together with the decision of the referee,
33    is final; or, 3 judges shall score the contest match with the
34    referee not scoring.  The method  of  scoring  shall  be  set
 
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 1    forth in rules.
 2        Judges,  referees,  or  timekeepers for contests shall be
 3    assigned  by  the   Department.   The   Department   or   its
 4    representative  shall  have  discretion  to  declare a price,
 5    remuneration, or purse or any part of  it  belonging  to  the
 6    contestant  withheld  if in the judgment of the Department or
 7    its representative the contestant is not honestly  competing.
 8    The  Department shall have the authority to prevent a contest
 9    or exhibition from being held and shall have the authority to
10    stop a fight for noncompliance with any part of this  Act  or
11    rules  or  when,  in  the  judgment of the Department, or its
12    representative, continuation of the event would endanger  the
13    health, safety, and welfare of the contestants or spectators.
14    (Source: P.A. 91-408, eff. 1-1-00.)

15        (225 ILCS 105/13) (from Ch. 111, par. 5013)
16        Sec.  13.  Tickets;  tax.   Tickets  to  boxing  contests
17    athletic  events,  other  than  a  boxing contest an athletic
18    event conducted at premises with an indoor  seating  capacity
19    of  more  than  17,000,  shall be printed in such form as the
20    Department shall prescribe.  A  certified  inventory  of  all
21    tickets  printed for any boxing contest event shall be mailed
22    to the Department by the promoter not less than 7 days before
23    the boxing contest event. The total number of tickets printed
24    shall not exceed the total seating capacity of  the  premises
25    in  which  the boxing contest event is to be held. No tickets
26    of admission to any boxing contest event, other than a boxing
27    contest an athletic  event  conducted  at  premises  with  an
28    indoor  seating  capacity  of more than 17,000, shall be sold
29    except those declared on  an  official  ticket  inventory  as
30    described in this Section.
31        A  promoter  who  conducts  a  boxing contest an athletic
32    event under this Act, other than a boxing contest an athletic
33    event conducted at premises with an indoor  seating  capacity
 
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 1    of  more  than  17,000, shall, within 24 hours after a boxing
 2    contest such event: (1) furnish to the Department  a  written
 3    report  verified  by  the promoter or his authorized designee
 4    showing the number of tickets sold for the boxing contest  or
 5    the  actual ticket stubs and the amount of the gross proceeds
 6    thereof; and (2) pay to the Department a tax of  10%  of  the
 7    first  $500,000  of gross receipts from the sale of admission
 8    tickets, to be placed in the General Revenue Fund.
 9    (Source: P.A. 90-580, eff. 5-21-98; 91-408, eff. 1-1-00.)

10        (225 ILCS 105/15) (from Ch. 111, par. 5015)
11        Sec. 15. Inspectors.  The  Director  may  appoint  boxing
12    inspectors   to   assist   the   Department   staff   in  the
13    administration  of  the  Act.  Each  boxing  instructor  Such
14    inspectors  appointed   by   the   Director   shall   receive
15    compensation  for  each  day he or she is they are engaged in
16    the transacting of business of the Department. Each inspector
17    shall carry a card issued by the Department to authorize  him
18    or  her  to act in such capacity. The inspector or inspectors
19    shall  supervise  each  contest  event  to  ensure  that  the
20    provisions of the Act are strictly enforced.  The  inspectors
21    shall  also  be present at the counting of the gross receipts
22    and shall immediately deliver to the Department the  official
23    box office statement as required by Section 13.
24    (Source: P.A. 91-408, eff. 1-1-00.)

25        (225 ILCS 105/16) (from Ch. 111, par. 5016)
26        Sec. 16. Discipline and sanctions.
27        (a)  The   Department  may  refuse  to  issue  a  permit,
28    registration, or license, refuse to renew,  suspend,  revoke,
29    reprimand,   place   on   probation,   or   take  such  other
30    disciplinary  action  as  the  Department  may  deem  proper,
31    including the imposition of fines not to  exceed  $5,000  for
32    each  violation,  with  regard to any license or registration
 
HB2565 Enrolled             -14-               LRB9201498LBgc
 1    for any one or any combination of the following reasons:
 2             (1)  gambling, betting or wagering on the result  of
 3        or  a  contingency  connected  with  a  boxing contest an
 4        athletic event or permitting such activity to take place;
 5             (2)  participating in or permitting a sham  or  fake
 6        boxing contest;
 7             (3)  holding  the  boxing  contest athletic event at
 8        any other time or place than  is  stated  on  the  permit
 9        application;
10             (4)  permitting  any  contestant  other  than  those
11        stated  on  the  permit  application  to participate in a
12        boxing contest an athletic event, except as  provided  in
13        Section 9;
14             (5)  violation  or aiding in the violation of any of
15        the provisions of this Act or any  rules  or  regulations
16        promulgated thereto;
17             (6)  violation  of  any federal, State or local laws
18        of the United  States  or  other  jurisdiction  governing
19        boxing   contests   athletic  events  or  any  regulation
20        promulgated pursuant thereto;
21             (7)  charging a greater rate or rates  of  admission
22        than is specified on the permit application;
23             (8)  failure  to  obtain  all the necessary permits,
24        registrations, or licenses as required under this Act;
25             (9)  failure to file the necessary bond  or  to  pay
26        the gross receipts tax as required by this Act;
27             (10)  engaging   in   dishonorable,   unethical   or
28        unprofessional  conduct of a character likely to deceive,
29        defraud or harm the public, or which  is  detrimental  to
30        honestly conducted boxing contests athletic events;
31             (11)  employment of fraud, deception or any unlawful
32        means  in  applying for or securing a permit or, license,
33        or registration under this Act;
34             (12)  permitting a  physician  making  the  physical
 
HB2565 Enrolled             -15-               LRB9201498LBgc
 1        examination  to knowingly certify falsely to the physical
 2        condition of a contestant;
 3             (13)  permitting  contestants  of  widely  disparate
 4        weights  or  abilities  to  engage  in  boxing   contests
 5        athletic events;
 6             (14)  boxing  while under medical suspension in this
 7        State or in any other state, territory or country;
 8             (15)  physical illness, including, but  not  limited
 9        to,  deterioration  through the aging process, or loss of
10        motor  skills  which  results   in   the   inability   to
11        participate  in  boxing  contests  athletic  events  with
12        reasonable judgment, skill, or safety;
13             (16)  allowing   one's   license   or,   permit,  or
14        registration issued under this Act to be used by  another
15        person;
16             (17)  failing,  within a reasonable time, to provide
17        any information requested by the Department as  a  result
18        of a formal or informal complaint;
19             (18)  professional incompetence;
20             (19)  failure  to  file a return, or to pay the tax,
21        penalty or interest shown in a filed return,  or  to  pay
22        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;
26             (20)  holding  or  promoting  an  ultimate  fighting
27        exhibition, or  participating  in  an  ultimate  fighting
28        exhibition  as  a  promoter,  contestant, referee, judge,
29        scorer, manager, trainer, announcer, or timekeeper;
30             (21)  habitual or  excessive  use  or  addiction  to
31        alcohol,  narcotics,  stimulants,  or  any other chemical
32        agent or drug that results in an inability to participate
33        in an event; or
34             (22)  failure to stop a contest or  exhibition  when
 
HB2565 Enrolled             -16-               LRB9201498LBgc
 1        requested to do so by the Department.
 2        (b)  The determination by a circuit court that a licensee
 3    is  subject to involuntary admission or judicial admission as
 4    provided in the Mental Health and Developmental  Disabilities
 5    Code operates as an automatic suspension. The suspension will
 6    end  only  upon  a finding by a court that the licensee is no
 7    longer  subject  to   involuntary   admission   or   judicial
 8    admission,  issuance  of  an order so finding and discharging
 9    the licensee, and upon the recommendation of the Board to the
10    Director that the licensee be allowed to resume  his  or  her
11    practice.
12        (c)  In enforcing this Section, the Board, upon a showing
13    of  a  possible violation, may compel any individual licensed
14    or registered to practice under this Act, or who has  applied
15    for licensure or registration pursuant to this Act, to submit
16    to  a mental or physical examination, or both, as required by
17    and  at  the  expense  of  the  Department.   The   examining
18    physicians   or   clinical   psychologists   shall  be  those
19    specifically designated  by  the  Board.  The  Board  or  the
20    Department  may  order  the  examining  physician or clinical
21    psychologist to present testimony concerning this  mental  or
22    physical   examination   of   the  licensee,  registrant,  or
23    applicant. No information shall be excluded by reason of  any
24    common  law or statutory privilege relating to communications
25    between  the  licensee,  registrant,  or  applicant  and  the
26    examining   physician   or   clinical    psychologist.    Eye
27    examinations  may  be  provided  by  a licensed and certified
28    therapeutic optometrist. The individual to  be  examined  may
29    have,  at his or her own expense, another physician of his or
30    her choice present during all  aspects  of  the  examination.
31    Failure  of  any individual to submit to a mental or physical
32    examination, when directed, shall be grounds  for  suspension
33    of a license until such time as the individual submits to the
34    examination  if  the  Board  finds, after notice and hearing,
 
HB2565 Enrolled             -17-               LRB9201498LBgc
 1    that the refusal to submit to  the  examination  was  without
 2    reasonable cause.
 3        (d)  If  the Board finds an individual unable to practice
 4    because of the reasons set forth in this Section,  the  Board
 5    shall  require  the individual to submit to care, counseling,
 6    or treatment by physicians or clinical psychologists approved
 7    or  designated  by  the  Board,  as  a  condition,  term,  or
 8    restriction for continued, reinstated, or  renewed  licensure
 9    or   registration,   or  in  lieu  of  care,  counseling,  or
10    treatment, the Board may recommend to the Department to  file
11    a  complaint  to  immediately  suspend,  revoke, or otherwise
12    discipline the license or registration of the individual. Any
13    individual whose license or registration was granted pursuant
14    to this Act, or continued, reinstated, renewed,  disciplined,
15    or   supervised,   subject  to  such  conditions,  terms,  or
16    restrictions, who shall fail to comply with such  conditions,
17    terms, or restrictions, shall be referred to the Director for
18    a  determination  as to whether the individual shall have his
19    or her license or registration suspended immediately, pending
20    a hearing by the Board.
21    (Source: P.A. 91-408, eff. 1-1-00.)

22        (225 ILCS 105/17.7)
23        Sec. 17.7. Restoration of suspended or revoked license or
24    registration. At any time after the suspension or  revocation
25    of  a  license, the Department may restore it to the licensee
26    or registrant upon the written recommendation of  the  Board,
27    unless  after  an  investigation  and  a  hearing  the  Board
28    determines that restoration is not in the public interest.
29    (Source: P.A. 91-408, eff. 1-1-00.)

30        (225 ILCS 105/17.8)
31        Sec.  17.8.  Surrender  of license or registration.  Upon
32    the revocation or suspension of a  license  or  registration,
 
HB2565 Enrolled             -18-               LRB9201498LBgc
 1    the licensee or registrant shall immediately surrender his or
 2    her  license  or  registration  to  the  Department.  If  the
 3    licensee or registrant fails to do so, the Department has the
 4    right to seize the license or registration.
 5    (Source: P.A. 91-408, eff. 1-1-00.)

 6        (225 ILCS 105/17.9)
 7        Sec.   17.9.   Summary   suspension   of   a  license  or
 8    registration. The Director may summarily suspend a license or
 9    registration without a hearing if  the  Director  finds  that
10    evidence  in  the  Director's  possession  indicates that the
11    continuation of practice would constitute an imminent  danger
12    to  the  public  or  the individual involved. If the Director
13    summarily suspends the  license  or  registration  without  a
14    hearing, a hearing must be commenced within 30 days after the
15    suspension  has  occurred  and  concluded as expeditiously as
16    practical.
17    (Source: P.A. 91-408, eff. 1-1-00.)

18        (225 ILCS 105/18) (from Ch. 111, par. 5018)
19        Sec.  18.  Investigations;  notice   and   hearing.   The
20    Department may investigate the actions of any applicant or of
21    any person or persons promoting or participating in a contest
22    or  exhibition  or  any  person holding or claiming to hold a
23    license  or  registration.  The  Department   shall,   before
24    revoking,  suspending, placing on probation, reprimanding, or
25    taking any other disciplinary action under this Act, at least
26    30 days before the date set for the hearing, (i)  notify  the
27    accused in writing of the charges made and the time and place
28    for  the  hearing  on  the charges, (ii) direct him or her to
29    file a written answer to the charges  with  the  Board  under
30    oath  within  20  days after the service on him or her of the
31    notice, and (iii) inform the accused that, if he or she fails
32    to answer, default will be taken against him or her  or  that
 
HB2565 Enrolled             -19-               LRB9201498LBgc
 1    his or her license or registration may be suspended, revoked,
 2    or  placed  on probationary status or that other disciplinary
 3    action  may  be  taken  with  regard  to   the   license   or
 4    registration, including limiting the scope, nature, or extent
 5    of  his  or  her  practice,  as  the  Department may consider
 6    proper. At the time and place fixed in the notice, the  Board
 7    shall  proceed  to hear the charges, and the parties or their
 8    counsel shall be accorded ample opportunity  to  present  any
 9    pertinent statements, testimony, evidence, and arguments. The
10    Board may continue the hearing from time to time. In case the
11    person,  after receiving the notice, fails to file an answer,
12    his or her license or registration may, in the discretion  of
13    the   Department,   be   suspended,  revoked,  or  placed  on
14    probationary status  or  the  Department  may  take  whatever
15    disciplinary action considered proper, including limiting the
16    scope,  nature,  or  extent  of  the person's practice or the
17    imposition of a fine, without a hearing, if the act  or  acts
18    charged  constitute  sufficient grounds for that action under
19    this Act. The  written  notice  may  be  served  by  personal
20    delivery or by certified mail to the address specified by the
21    accused in his or her last notification with the Department.
22    (Source: P.A. 91-408, eff. 1-1-00.)

23        (225 ILCS 105/19) (from Ch. 111, par. 5019)
24        Sec.  19. Findings and recommendations. At the conclusion
25    of the hearing, the Board shall present  to  the  Director  a
26    written  report  of  its  findings,  conclusions  of law, and
27    recommendations.  The  report  shall  contain  a  finding  of
28    whether the accused person violated this Act or its rules  or
29    failed  to comply with the conditions required in this Act or
30    its  rules.  The  Board  shall  specify  the  nature  of  any
31    violations  or  failure  to  comply  and   shall   make   its
32    recommendations  to  the  Director. In making recommendations
33    for  any  disciplinary  actions,  the  Board  may  take  into
 
HB2565 Enrolled             -20-               LRB9201498LBgc
 1    consideration all facts and circumstances  bearing  upon  the
 2    reasonableness   of  the  conduct  of  the  accused  and  the
 3    potential for future harm to the public  including,  but  not
 4    limited  to,  previous  discipline  of  the  accused  by  the
 5    Department,   intent,  degree  of  harm  to  the  public  and
 6    likelihood of harm in the future, any restitution made by the
 7    accused, and whether the incident or incidents  contained  in
 8    the complaint appear to be isolated or represent a continuing
 9    pattern   of  conduct.  In  making  its  recommendations  for
10    discipline, the Board  shall  endeavor  to  ensure  that  the
11    severity  of the discipline recommended is reasonably related
12    to the severity of the violation.
13        The report of findings of fact, conclusions of  law,  and
14    recommendation  of  the  Board  shall  be  the  basis for the
15    Department's order refusing to issue,  restore,  or  renew  a
16    license or registration, or otherwise disciplining a licensee
17    or   registrant.   If   the   Director   disagrees  with  the
18    recommendations of the Board, the Director may issue an order
19    in contravention of the Board recommendations.  The  Director
20    shall   provide   a  written  report  to  the  Board  on  any
21    disagreement and shall specify the reasons for the action  in
22    the  final  order.  The finding is not admissible in evidence
23    against the person in a criminal prosecution  brought  for  a
24    violation  of this Act, but the hearing and finding are not a
25    bar to a criminal prosecution brought for a violation of this
26    Act.
27    (Source: P.A. 91-408, eff. 1-1-00.)

28        (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
29        Sec.  19.1.  Appointment  of  a  hearing  officer.    The
30    Director  has  the  authority  to  appoint  any attorney duly
31    licensed to practice law in the State of Illinois to serve as
32    the hearing officer in  any  action  for  refusal  to  issue,
33    restore, or renew a license or certificate of registration or
 
HB2565 Enrolled             -21-               LRB9201498LBgc
 1    discipline  of  a licensee or registrant. The hearing officer
 2    has full authority  to  conduct  the  hearing.   The  hearing
 3    officer shall report his or her findings of fact, conclusions
 4    of  law,  and  recommendations to the Board and the Director.
 5    The Board shall have 60 days from receipt of  the  report  to
 6    review  the  report  of  the  hearing officer and present its
 7    findings of fact, conclusions of law and  recommendations  to
 8    the  Director.   If  the  Board  fails  to present its report
 9    within the 60 day period, the Director  may  issue  an  order
10    based  on the report of the hearing officer.  If the Director
11    determines  that  the  Board's  report  is  contrary  to  the
12    manifest weight of the evidence, he may  issue  an  order  in
13    contravention  of  the  recommendation.  The  Director  shall
14    promptly  provide  a  written  report  of  the  Board  on any
15    deviation and shall specify the reasons for the action in the
16    final order.
17    (Source: P.A. 91-408, eff. 1-1-00.)

18        (225 ILCS 105/19.3)
19        Sec. 19.3. Compelling testimony. Any circuit court,  upon
20    application of the Department, designated hearing officer, or
21    the  applicant  or,  licensee,  or  registrant  against  whom
22    proceedings  under  this  Act are pending, may enter an order
23    requiring the attendance of witnesses and their testimony and
24    the  production  of  documents,  papers,  files,  books,  and
25    records in connection with any hearing or investigation.  The
26    court  may  compel  obedience to its order by proceedings for
27    contempt.
28    (Source: P.A. 91-408, eff. 1-1-00.)

29        (225 ILCS 105/19.4)
30        Sec. 19.4.  Director; rehearing.  Whenever  the  Director
31    believes  that  justice  has not been done in the revocation,
32    suspension, refusal to issue, restore, or renew a license  or
 
HB2565 Enrolled             -22-               LRB9201498LBgc
 1    registration,   or  other  discipline  of  an  applicant  or,
 2    licensee, or registrant, he or she may order a  rehearing  by
 3    the same or other examiners.
 4    (Source: P.A. 91-408, eff. 1-1-00.)

 5        (225 ILCS 105/23) (from Ch. 111, par. 5023)
 6        Sec.  23.   Fees.  The  fees  for  the administration and
 7    enforcement of  this  Act  including,  but  not  limited  to,
 8    original  licensure or registration, renewal, and restoration
 9    shall be set by rule.  The  fees  shall  not  be  refundable.
10    (Blank).
11    (Source:  P.A.  91-357,  eff.  7-29-99;  91-408, eff. 1-1-00;
12    revised 8-27-99.)

13        (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
14        Sec.  23.1.  Returned  checks;  fines.  Any  person   who
15    delivers  a  check or other payment to the Department that is
16    returned  to  the  Department   unpaid   by   the   financial
17    institution   upon  which  it  is  drawn  shall  pay  to  the
18    Department, in addition to the amount  already  owed  to  the
19    Department,  a fine of $50. If the check or other payment was
20    for a renewal or  issuance  fee  and  that  person  practices
21    without  paying  the renewal fee or issuance fee and the fine
22    due, an additional fine of $100 shall be imposed.  The  fines
23    imposed  by  this  Section  are  in  addition  to  any  other
24    discipline provided under this Act for unlicensed practice or
25    practice on a nonrenewed license. The Department shall notify
26    the  person  that  payment of fees and fines shall be paid to
27    the Department by certified check or money  order  within  30
28    calendar  days  of the notification. If, after the expiration
29    of 30 days from the date of the notification, the person  has
30    failed  to  submit  the  necessary remittance, the Department
31    shall automatically terminate the license or  certificate  or
32    deny  the application, without hearing. If, after termination
 
HB2565 Enrolled             -23-               LRB9201498LBgc
 1    or denial, the person seeks a license or certificate,  he  or
 2    she shall apply to the Department for restoration or issuance
 3    of  the license or certificate and pay all fees and fines due
 4    to the Department. The Department may establish a fee for the
 5    processing of an application for restoration of a license  or
 6    certificate   to   pay   all   expenses  of  processing  this
 7    application. The Director may waive the fines due under  this
 8    Section in individual cases where the Director finds that the
 9    fines would be unreasonable or unnecessarily burdensome.
10    (Source: P.A. 86-615; 87-1031.)

11        Section  10.  The  Regulatory  Sunset  Act  is amended by
12    changing Section 4.12 and adding Section 4.22 as follows:

13        (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12)
14        Sec. 4.12.  The following Acts are repealed December  31,
15    2001:
16        The Professional Boxing and Wrestling Act.
17        The Interior Design Profession Title Act.
18        The Detection of Deception Examiners Act.
19        The Water Well and Pump Installation Contractor's License
20    Act.
21    (Source: P.A. 86-1404; 86-1475; 87-703.)

22        (5 ILCS 80/4.22 new)
23        Sec. 4.22.  The Professional Boxing Act.

24        Section  99.  Effective  date.   This  Act  takes  effect
25    January 1, 2002.

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