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92_HB4983 LRB9211384WHmb 1 AN ACT in relation to professional boxing. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Continuation; validation. 5 (a) The General Assembly finds and declares that: 6 (1) Section 4.12 of the Regulatory Sunset Act 7 provided for the repeal of the Professional Boxing and 8 Wrestling Act on December 31, 2001. 9 (2) House Bill 2565 of the 92nd General Assembly 10 included a provision that amended the Regulatory Sunset 11 Act by deleting the provision that repealed the 12 Professional Boxing and Wrestling Act on December 31, 13 2001. It was the intent of the General Assembly to amend 14 the Regulatory Sunset Act to provide for the repeal of 15 the Professional Boxing Act on January 1, 2012, as well 16 as to amend the Professional Boxing and Wrestling Act by 17 changing the short title of the Act to the Professional 18 Boxing Act and changing various provisions of that Act. 19 House Bill 2565 was approved by the Governor on December 20 18, 2001 and took effect on January 1, 2002. House Bill 21 2565 became Public Act 92-499. 22 (3) The Statute on Statutes sets forth general 23 rules on the repeal of statutes, but Section 1 of that 24 Act also states that these rules will not be observed 25 when the result would be "inconsistent with the manifest 26 intent of the General Assembly or repugnant to the 27 context of the statute". 28 (4) The actions of the General Assembly clearly 29 manifest the intention of the General Assembly to change 30 the repeal date of the Professional Boxing Act, formerly 31 the Professional Boxing and Wrestling Act, to January 1, 32 2012. Any construction of Public Act 92-499 that results -2- LRB9211384WHmb 1 in the repeal of the Professional Boxing and Wrestling 2 Act on December 31, 2001 would be inconsistent with the 3 manifest intent of the General Assembly. 4 (b) It is hereby declared to have been the intent of the 5 General Assembly, in enacting Public Act 92-499, that the 6 Regulatory Sunset Act be changed to make January 1, 2012 the 7 repeal date of the Professional Boxing Act, formerly the 8 Professional Boxing and Wrestling Act, and that the 9 Professional Boxing and Wrestling Act therefore not be 10 subject to repeal on December 31, 2001. 11 (c) The Professional Boxing Act, formerly the 12 Professional Boxing and Wrestling Act, is deemed to have been 13 in continuous effect since its original effective date, and 14 it shall continue to be in effect until it is otherwise 15 repealed. 16 (d) All otherwise lawful actions taken in reliance on or 17 pursuant to the Professional Boxing Act, formerly the 18 Professional Boxing and Wrestling Act, before the effective 19 date of this Act by any officer or agency of State government 20 or any other person or entity are validated. 21 (e) To ensure the continuing effectiveness of the 22 Professional Boxing Act, formerly the Professional Boxing and 23 Wrestling Act, it is set forth in full and re-enacted by this 24 Act. This re-enactment is intended as a continuation of the 25 Professional Boxing Act, formerly the Professional Boxing and 26 Wrestling Act. It is not intended to supersede any amendment 27 to the Professional Boxing Act, formerly the Professional 28 Boxing and Wrestling Act, that is enacted by the General 29 Assembly. This Act also amends relevant provisions of the 30 Regulatory Sunset Act to make January 1, 2012 the repeal date 31 of the Professional Boxing Act. 32 (f) This Act applies to all claims, actions, and 33 proceedings pending on or filed on, before, or after the 34 effective date of this Act. -3- LRB9211384WHmb 1 Section 10. The Professional Boxing Act, formerly the 2 Professional Boxing and Wrestling Act, is re-enacted as 3 follows: 4 (225 ILCS 105/Act title) 5 An Act in relation to professional boxing. 6 (225 ILCS 105/0.05) 7 (Section scheduled to be repealed on January 1, 2012) 8 Sec. 0.05. Declaration of public policy. Professional 9 boxing in the State of Illinois is hereby declared to affect 10 the public health, safety, and welfare and to be subject to 11 regulation and control in the public interest. It is further 12 declared to be a matter of public interest and concern that 13 boxing, as defined in this Act, merit and receive the 14 confidence of the public and that only qualified persons be 15 authorized to participate in boxing contests in the State of 16 Illinois. This Act shall be liberally construed to best carry 17 out these objects and purposes. 18 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 19 (225 ILCS 105/1) (from Ch. 111, par. 5001) 20 (Section scheduled to be repealed on January 1, 2012) 21 Sec. 1. Short title and definitions. 22 (a) This Act may be cited as the Professional Boxing 23 Act. 24 (b) As used in this Act: 25 1. "Department" means the Department of 26 Professional Regulation. 27 2. "Director" means the Director of Professional 28 Regulation. 29 3. "Board" means the State Professional Boxing 30 Board appointed by the Director. 31 4. "License" means the license issued for boxing -4- LRB9211384WHmb 1 promoters, contestants, or officials in accordance with 2 this Act. 3 5. (Blank). 4 6. "Boxing Contests" include professional boxing 5 matches and exhibitions. 6 7. (Blank). 7 8. (Blank). 8 9. "Permit" means the authorization from the 9 Department to a promoter to conduct professional boxing 10 contests. 11 10. "Promoter" means a person who is licensed and 12 who holds a permit to conduct professional boxing 13 contests. 14 11. Unless the context indicates otherwise, 15 "person" includes an association, partnership, 16 corporation, gymnasium, or club. 17 12. (Blank). 18 13. "Ultimate fighting exhibition" has the meaning 19 given by rule adopted by the Department in accordance 20 with Section 7.5. 21 14. "Professional boxer" means a person licensed by 22 the Department who competes for a money prize, purse, or 23 other type of compensation in a boxing contest, 24 exhibition, or match held in Illinois. 25 15. "Judge" means a person licensed by the 26 Department who is at ringside during a boxing match and 27 who has the responsibility of scoring the performance of 28 the participants in the contest. 29 16. "Referee" means a person licensed by the 30 Department who has the general supervision of a boxing 31 contest and is present inside of the ring during the 32 contest. 33 17. "Amateur" means a person who has never received 34 or competed for any purse or other article of value, -5- LRB9211384WHmb 1 either for participating in any boxing contest or for the 2 expenses of training therefor, other than a prize that 3 does not exceed $50 in value. 4 18. "Contestant" means an individual who 5 participates in a boxing contest. 6 19. "Second" means a person licensed by the 7 Department who is present at any boxing contest to 8 provide assistance or advice to a boxer during the 9 contest. 10 20. "Matchmaker" means a person licensed by the 11 Department who brings together professional boxers or 12 procures matches or contests for professional boxers. 13 21. "Manager" means a person licensed by the 14 Department who is not a promoter and who, under contract, 15 agreement, or other arrangement with any boxer, 16 undertakes to, directly or indirectly, control or 17 administer the boxing affairs of boxers. 18 22. "Timekeeper" means a person licensed by the 19 Department who is the official timer of the length of 20 rounds and the intervals between the rounds. 21 23. "Purse" means the financial guarantee or any 22 other remuneration for which contestants are 23 participating in a boxing contest. 24 24. "Physician" means a person licensed to practice 25 medicine in all its branches under the Medical Practice 26 Act of 1987. 27 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 28 (225 ILCS 105/2) (from Ch. 111, par. 5002) 29 (Section scheduled to be repealed on January 1, 2012) 30 Sec. 2. State Professional Boxing Board. There is 31 created the State Professional Boxing Board consisting of 6 32 persons who shall be appointed by and shall serve in an 33 advisory capacity to the Director. One shall be a physician -6- LRB9211384WHmb 1 licensed to practice medicine in all of its branches. The 2 Director shall appoint each member to serve for a term of 3 3 years and until his or her successor is appointed and 4 qualified. One member of the board shall be designated as the 5 Chairperson and one member shall be designated as the 6 Vice-chairperson. No member shall be appointed to the Board 7 for a term which would cause continuous service to be more 8 than 9 years. Service prior to January 1, 2000 shall not be 9 considered in calculating length of service on the Board. 10 Each member of the board shall receive compensation for each 11 day he or she is engaged in transacting the business of the 12 board and, in addition, shall be reimbursed for his or her 13 authorized and approved expenses necessarily incurred in 14 relation to such service in accordance with the travel 15 regulations applicable to the Department at the time the 16 expenses are incurred. 17 A majority of the current members appointed shall 18 constitute a quorum. 19 The members of the Board shall be immune from suit in any 20 action based upon any disciplinary proceedings or other acts 21 performed in good faith as members of the Board. 22 The Director may remove any member of the Board for 23 misconduct, incapacity, or neglect of duty. The Director 24 shall reduce to writing any causes for removal. 25 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 26 (225 ILCS 105/5) (from Ch. 111, par. 5005) 27 (Section scheduled to be repealed on January 1, 2012) 28 Sec. 5. The Department shall exercise, but subject to 29 the provisions of this Act, the following functions, powers, 30 and duties: (a) to ascertain the qualifications and fitness 31 of applicants for licenses and permits; (b) to prescribe 32 rules and regulations for the administration of the Act; (c) 33 to conduct hearings on proceedings to refuse to issue, refuse -7- LRB9211384WHmb 1 to renew, revoke, suspend, or subject to reprimand licenses 2 or permits under this Act; and (d) to revoke, suspend, or 3 refuse issuance or renewal of such licenses or permits. 4 (Source: P.A. 92-499, eff. 1-1-02.) 5 (225 ILCS 105/6) (from Ch. 111, par. 5006) 6 (Section scheduled to be repealed on January 1, 2012) 7 Sec. 6. Prohibitions. All boxing matches, contests, or 8 exhibits in which physical contact is made including, but not 9 limited to, "ultimate fighting exhibitions", are prohibited 10 in Illinois unless authorized by the Department. This 11 provision does not apply to the following: 12 (1) Boxing contests or wrestling exhibitions 13 conducted by accredited secondary schools, colleges or 14 universities, although a fee may be charged. 15 Institutions organized to furnish instruction in 16 athletics are not included in this exemption. 17 (2) Amateur boxing matches sanctioned by the 18 United States Amateur Boxing Federation, Inc. or Golden 19 Gloves of America, amateur wrestling exhibitions, and 20 amateur or professional martial arts or kick boxing. 21 (Source: P.A. 91-408, eff. 1-1-00.) 22 (225 ILCS 105/7) (from Ch. 111, par. 5007) 23 (Section scheduled to be repealed on January 1, 2012) 24 Sec. 7. In order to conduct a boxing contest in this 25 State, a promoter shall obtain a permit issued by the 26 Department in accordance with this Act and the rules and 27 regulations adopted pursuant thereto. This permit shall 28 authorize one or more contests or exhibitions. A permit 29 issued under this Act is not transferable. 30 (Source: P.A. 92-499, eff. 1-1-02.) 31 (225 ILCS 105/7.5) -8- LRB9211384WHmb 1 (Section scheduled to be repealed on January 1, 2012) 2 Sec. 7.5. Ultimate fighting exhibitions. 3 (a) The General Assembly finds and declares that: 4 (1) The entertainment spectacle commonly known as 5 "ultimate fighting" is a violent exhibition that is 6 excessively and unacceptably dangerous to the 7 participants. "Ultimate fighting" includes exhibitions 8 of the same nature even though a different name is 9 applied to this event. 10 (2) Unlike the sports of boxing and wrestling, in 11 which serious or permanent injury is largely preventable 12 and occurs only occasionally as an incidental result of 13 the athletic contest, ultimate fighting is intended by 14 its promoters to produce serious injury in every 15 exhibition and is widely and specifically advertised and 16 promoted as being the most dangerous of all fighting 17 exhibitions. 18 (3) The lack of appropriate restrictions on 19 dangerous blows or life-threatening maneuvers and the 20 matching of participants with incompatible styles of 21 fighting make it difficult or impossible for the State to 22 regulate ultimate fighting in a way that can reasonably 23 protect the safety of the participants. 24 (4) It is therefore an appropriate exercise of the 25 police power of the State and necessary for the public 26 safety and the common good to prohibit ultimate fighting 27 exhibitions in this State. 28 (b) The Department, in consultation with the State 29 Boxing and Wrestling Board, shall adopt rules defining the 30 term "ultimate fighting exhibition" and distinguishing such 31 exhibitions from the legitimate boxing and wrestling contests 32 permitted under this Act and the exhibitions or contests of 33 the martial arts and other sports that are traditionally 34 conducted with respect for the safety and protection of the -9- LRB9211384WHmb 1 participants. 2 (c) No person may hold, promote, or participate in any 3 ultimate fighting exhibition in this State. 4 (Source: P.A. 91-408, eff. 1-1-00.) 5 (225 ILCS 105/8) (from Ch. 111, par. 5008) 6 (Section scheduled to be repealed on January 1, 2012) 7 Sec. 8. Permits. 8 (a) A promoter who desires to obtain a permit to conduct 9 a boxing contest shall apply to the Department at least 20 10 days prior to the event, in writing, on forms furnished by 11 the Department. The application shall be accompanied by the 12 required fee and shall contain at least the following 13 information: 14 (1) the names and addresses of the promoter; 15 (2) the name of the matchmaker; 16 (3) the time and exact location of the boxing 17 contest; 18 (4) the seating capacity of the building where the 19 event is to be held; 20 (5) a copy of the lease or proof of ownership of 21 the building where the event is to be held; 22 (6) the admission charge or charges to be made; and 23 (7) proof of adequate security measures and 24 adequate medical supervision, as determined by Department 25 rule, to ensure the protection of the health and safety 26 of the general public while attending boxing contests and 27 the contestants' safety while participating in the events 28 and any other information that the Department may 29 determine by rule in order to issue a permit. 30 (b) After the initial application and within 10 days of 31 a scheduled event, a promoter shall submit to the Department 32 all of the following information: 33 (1) The amount of compensation to be paid to each -10- LRB9211384WHmb 1 participant. 2 (2) The names of the contestants. 3 (3) Proof of insurance for not less than $10,000 4 for each contestant participating in a boxing contest or 5 exhibition. 6 Insurance required under this subsection shall cover (i) 7 hospital, medication, physician, and other such expenses as 8 would accrue in the treatment of an injury as a result of the 9 boxing contest or exhibition and (ii) payment to the estate 10 of the contestant in the event of his or her death as a 11 result of his or her participation in the boxing contest or 12 exhibition. 13 (c) All boxing promoters shall provide to the 14 Department, at least 24 hours prior to commencement of the 15 event, the amount of the purse to be paid for the event. The 16 Department shall promulgate rules for payment of the purse. 17 (d) The boxing contest shall be held in an area where 18 adequate neurosurgical facilities are immediately available 19 for skilled emergency treatment of an injured boxer. It is 20 the responsibility of the promoter to ensure that the 21 building to be used for the event complies with all laws, 22 ordinances, and regulations in the city, town, or village 23 where the boxing contest is to be held. The Department may 24 issue a permit to any promoter who meets the requirements of 25 this Act and the rules. The permit shall only be issued for a 26 specific date and location of a boxing contest and shall not 27 be transferable. In an emergency, the Department may allow a 28 promoter to amend a permit application to hold a boxing 29 contest in a different location than the application 30 specifies and may allow the promoter to substitute 31 contestants. 32 (e) The Department shall be responsible for assigning 33 the judge, timekeepers, referees, physician, and medical 34 personnel for a boxing contest. It shall be the -11- LRB9211384WHmb 1 responsibility of the promoter to cover the cost of the 2 individuals utilized at a boxing contest. 3 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 4 (225 ILCS 105/10) (from Ch. 111, par. 5010) 5 (Section scheduled to be repealed on January 1, 2012) 6 Sec. 10. Who must be licensed. In order to participate 7 in boxing contests the following persons must each be 8 licensed and in good standing with the Department: (a) 9 promoters, (b) contestants, (c) seconds, (d) referees, (e) 10 judges, (f) managers, (g) matchmakers, and (h) timekeepers. 11 Announcers may participate in boxing contests without 12 being licensed under this Act. It shall be the 13 responsibility of the promoter to ensure that announcers 14 comply with the Act, and all rules and regulations 15 promulgated pursuant to this Act. 16 A licensed promoter may not act as, and cannot be 17 licensed as, a second, boxer, referee, timekeeper, judge, or 18 manager. If he or she is so licensed, he or she must 19 relinquish any of these licenses to the Department for 20 cancellation. A person possessing a valid promoter's license 21 may act as a matchmaker. 22 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 23 (225 ILCS 105/10.5) 24 (Section scheduled to be repealed on January 1, 2012) 25 Sec. 10.5. Unlicensed practice; violation; civil 26 penalty. 27 (a) Any person who practices, offers to practice, 28 attempts to practice, or holds oneself out to practice as a 29 promoter, professional boxer, contestant, second, referee, 30 judge, manager, matchmaker, or timekeeper without being 31 licensed under this Act shall, in addition to any other 32 penalty provided by law, pay a civil penalty to the -12- LRB9211384WHmb 1 Department in an amount not to exceed $5,000 for each offense 2 as determined by the Department. The civil penalty shall be 3 assessed by the Department after a hearing is held in 4 accordance with the provisions set forth in this Act 5 regarding the provision of a hearing for the discipline of a 6 licensee. 7 (b) The Department has the authority and power to 8 investigate any and all unlicensed activity. 9 (c) The civil penalty shall be paid within 60 days after 10 the effective date of the order imposing the civil penalty. 11 The order shall constitute a judgment and may be filed and 12 execution had thereon in the same manner as any judgment from 13 any court of record. 14 (Source: P.A. 91-408, eff. 1-1-00.) 15 (225 ILCS 105/11) (from Ch. 111, par. 5011) 16 (Section scheduled to be repealed on January 1, 2012) 17 Sec. 11. Qualifications for license. The Department 18 shall grant licenses to the following persons if the 19 following qualifications are met: 20 (A) An applicant for licensure as a contestant in a 21 boxing contest must: (1) be 18 years old, (2) be of good 22 moral character, (3) file an application stating the 23 applicant's correct name (and no assumed or ring name may be 24 used unless such name is registered with the Department along 25 with the applicant's correct name), date and place of birth, 26 place of current residence, and a sworn statement that he is 27 not currently in violation of any federal, State or local 28 laws or rules governing boxing, (4) file a certificate of a 29 physician licensed to practice medicine in all of its 30 branches which attests that the applicant is physically fit 31 and qualified to participate in boxing contests, and (5) pay 32 the required fee and meet any other requirements. Applicants 33 over age 35 who have not competed in a contest within the -13- LRB9211384WHmb 1 last 36 months may be required to appear before the Board to 2 determine their fitness to participate in a contest. A 3 picture identification card shall be issued to all boxers 4 licensed by the Department who are residents of Illinois or 5 who are residents of any jurisdiction, state, or country that 6 does not regulate professional boxing. The identification 7 card shall be presented to the Department or its 8 representative upon request at weigh-ins. 9 (B) An applicant for licensure as a boxing referee, 10 judge, manager, second, matchmaker, or timekeeper must: (1) 11 be of good moral character, (2) file an application stating 12 the applicant's name, date and place of birth, and place of 13 current residence along with a certifying statement that he 14 is not currently in violation of any federal, State, or local 15 laws or rules governing boxing, (3) have had satisfactory 16 experience in his field, (4) pay the required fee, and (5) 17 meet any other requirements as determined by rule. 18 (C) An applicant for licensure as a boxing promoter 19 must: (1) be of good moral character, (2) file an application 20 with the Department stating the applicant's name, date and 21 place of birth, place of current residence along with a 22 certifying statement that he is not currently in violation of 23 any federal, State, or local laws or rules governing boxing, 24 (3) provide proof of a surety bond of no less than $5,000 to 25 cover financial obligations pursuant to this Act, payable to 26 the Department and conditioned for the payment of the tax 27 imposed by this Act and compliance with this Act and the 28 rules promulgated pursuant to this Act, (4) provide a 29 financial statement, prepared by a certified public 30 accountant, showing liquid working capital of $10,000 or 31 more, or a $10,000 performance bond guaranteeing payment of 32 all obligations relating to the promotional activities, and 33 (5) pay the required fee and meet any other requirements. 34 In determining good moral character, the Department may -14- LRB9211384WHmb 1 take into consideration any violation of any of the 2 provisions of Section 16 of this Act and any felony 3 conviction of the applicant, but such a conviction shall not 4 operate as a bar to licensure. No license issued under this 5 Act is transferable. 6 The Department may issue temporary licenses as provided 7 by rule. 8 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 9 (225 ILCS 105/12) (from Ch. 111, par. 5012) 10 (Section scheduled to be repealed on January 1, 2012) 11 Sec. 12. Boxing contests. Each boxing contestant shall 12 be examined before entering the ring and immediately after 13 each contest by a physician licensed to practice medicine in 14 all of its branches. The physician shall determine, prior to 15 the contest, if each contestant is physically fit to engage 16 in the contest. After the contest the physician shall examine 17 the contestant to determine possible injury. If the 18 contestant's physical condition so indicates, the physician 19 shall recommend to the Department immediate medical 20 suspension. The physician may, at any time during the 21 contest, stop the contest to examine a boxer, and terminate 22 the contest when, in the physician's opinion, continuing the 23 contest could result in serious injury to the boxer. The 24 physician shall certify to the condition of the contestant in 25 writing, over his signature on blank forms provided by the 26 Department. Such reports shall be submitted to the Department 27 in a timely manner. The physician shall be paid by the 28 promoter a fee fixed by the Department. No boxing contest 29 shall be held unless a physician licensed to practice 30 medicine in all of its branches is in attendance. 31 No contest shall be allowed to begin unless at least one 32 physician and 2 trained paramedics or 2 nurses who are 33 trained to administer emergency medical care are present. -15- LRB9211384WHmb 1 No contest shall be more than 12 rounds in length. The 2 rounds shall not be more than 3 minutes each with a one 3 minute interval between them, and no boxer shall be allowed 4 to participate in more than 12 rounds within 72 consecutive 5 hours. At each boxing contest there shall be a referee in 6 attendance who shall direct and control the contest. The 7 referee, before each contest, shall learn the name of the 8 contestant's chief second and shall hold the chief second 9 responsible for the conduct of his assistant during the 10 progress of the contest. 11 There shall be 2 judges in attendance who shall render a 12 decision at the end of each contest. The decision of the 13 judges, taken together with the decision of the referee, is 14 final; or, 3 judges shall score the contest with the referee 15 not scoring. The method of scoring shall be set forth in 16 rules. 17 Judges, referees, or timekeepers for contests shall be 18 assigned by the Department. The Department or its 19 representative shall have discretion to declare a price, 20 remuneration, or purse or any part of it belonging to the 21 contestant withheld if in the judgment of the Department or 22 its representative the contestant is not honestly competing. 23 The Department shall have the authority to prevent a contest 24 or exhibition from being held and shall have the authority to 25 stop a fight for noncompliance with any part of this Act or 26 rules or when, in the judgment of the Department, or its 27 representative, continuation of the event would endanger the 28 health, safety, and welfare of the contestants or spectators. 29 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 30 (225 ILCS 105/13) (from Ch. 111, par. 5013) 31 (Section scheduled to be repealed on January 1, 2012) 32 Sec. 13. Tickets; tax. Tickets to boxing contests, 33 other than a boxing contest conducted at premises with an -16- LRB9211384WHmb 1 indoor seating capacity of more than 17,000, shall be printed 2 in such form as the Department shall prescribe. A certified 3 inventory of all tickets printed for any boxing contest shall 4 be mailed to the Department by the promoter not less than 7 5 days before the boxing contest. The total number of tickets 6 printed shall not exceed the total seating capacity of the 7 premises in which the boxing contest is to be held. No 8 tickets of admission to any boxing contest, other than a 9 boxing contest conducted at premises with an indoor seating 10 capacity of more than 17,000, shall be sold except those 11 declared on an official ticket inventory as described in this 12 Section. 13 A promoter who conducts a boxing contest under this Act, 14 other than a boxing contest conducted at premises with an 15 indoor seating capacity of more than 17,000, shall, within 24 16 hours after a boxing contest: (1) furnish to the Department a 17 written report verified by the promoter or his authorized 18 designee showing the number of tickets sold for the boxing 19 contest or the actual ticket stubs and the amount of the 20 gross proceeds thereof; and (2) pay to the Department a tax 21 of 10% of the first $500,000 of gross receipts from the sale 22 of admission tickets, to be placed in the General Revenue 23 Fund. 24 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 25 (225 ILCS 105/14) (from Ch. 111, par. 5014) 26 (Section scheduled to be repealed on January 1, 2012) 27 Sec. 14. Failure to report ticket sales and tax. If the 28 permit holder fails to make a report as required by Section 29 13, or if such report is unsatisfactory, the Department may 30 examine or cause to be examined the books and records of any 31 such holder or his associates or any other person as a 32 witness under oath to determine the total amount of tax due 33 under this Act. -17- LRB9211384WHmb 1 If it is determined that there has been a default in the 2 payment of a tax, the promoter shall be given 20 days notice 3 of the amount due which shall include the expenses incurred 4 in making the examination. 5 If the promoter does not pay the amount due he shall be 6 disqualified from obtaining a permit under this Act and the 7 Attorney General shall institute suit upon the bond filed 8 pursuant to this Act to recover the tax or penalties imposed 9 by this Act. 10 (Source: P.A. 91-408, eff. 1-1-00.) 11 (225 ILCS 105/15) (from Ch. 111, par. 5015) 12 (Section scheduled to be repealed on January 1, 2012) 13 Sec. 15. Inspectors. The Director may appoint boxing 14 inspectors to assist the Department staff in the 15 administration of the Act. Each boxing instructor appointed 16 by the Director shall receive compensation for each day he or 17 she is engaged in the transacting of business of the 18 Department. Each inspector shall carry a card issued by the 19 Department to authorize him or her to act in such capacity. 20 The inspector or inspectors shall supervise each contest to 21 ensure that the provisions of the Act are strictly enforced. 22 The inspectors shall also be present at the counting of the 23 gross receipts and shall immediately deliver to the 24 Department the official box office statement as required by 25 Section 13. 26 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 27 (225 ILCS 105/16) (from Ch. 111, par. 5016) 28 (Section scheduled to be repealed on January 1, 2012) 29 Sec. 16. Discipline and sanctions. 30 (a) The Department may refuse to issue a permit or 31 license, refuse to renew, suspend, revoke, reprimand, place 32 on probation, or take such other disciplinary action as the -18- LRB9211384WHmb 1 Department may deem proper, including the imposition of fines 2 not to exceed $5,000 for each violation, with regard to any 3 license for one or any combination of the following reasons: 4 (1) gambling, betting or wagering on the result of 5 or a contingency connected with a boxing contest or 6 permitting such activity to take place; 7 (2) participating in or permitting a sham or fake 8 boxing contest; 9 (3) holding the boxing contest at any other time or 10 place than is stated on the permit application; 11 (4) permitting any contestant other than those 12 stated on the permit application to participate in a 13 boxing contest, except as provided in 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 or any regulation promulgated pursuant 20 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; 31 (11) employment of fraud, deception or any unlawful 32 means in applying for or securing a permit or license 33 under this Act; 34 (12) permitting a physician making the physical -19- LRB9211384WHmb 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 (14) boxing while under medical suspension in this 6 State or in any other state, territory or country; 7 (15) physical illness, including, but not limited 8 to, deterioration through the aging process, or loss of 9 motor skills which results in the inability to 10 participate in boxing contests with reasonable judgment, 11 skill, or safety; 12 (16) allowing one's license or permit issued under 13 this Act to be used by another person; 14 (17) failing, within a reasonable time, to provide 15 any information requested by the Department as a result 16 of a formal or informal complaint; 17 (18) professional incompetence; 18 (19) failure to file a return, or to pay the tax, 19 penalty or interest shown in a filed return, or to pay 20 any final assessment of tax, penalty or interest, as 21 required by any tax Act administered by the Illinois 22 Department of Revenue, until such time as the 23 requirements of any such tax Act are satisfied; 24 (20) holding or promoting an ultimate fighting 25 exhibition, or participating in an ultimate fighting 26 exhibition as a promoter, contestant, referee, judge, 27 scorer, manager, trainer, announcer, or timekeeper; 28 (21) habitual or excessive use or addiction to 29 alcohol, narcotics, stimulants, or any other chemical 30 agent or drug that results in an inability to participate 31 in an event; or 32 (22) failure to stop a contest or exhibition when 33 requested to do so by the Department. 34 (b) The determination by a circuit court that a licensee -20- LRB9211384WHmb 1 is subject to involuntary admission or judicial admission as 2 provided in the Mental Health and Developmental Disabilities 3 Code operates as an automatic suspension. The suspension will 4 end only upon a finding by a court that the licensee is no 5 longer subject to involuntary admission or judicial 6 admission, issuance of an order so finding and discharging 7 the licensee, and upon the recommendation of the Board to the 8 Director that the licensee be allowed to resume his or her 9 practice. 10 (c) In enforcing this Section, the Board, upon a showing 11 of a possible violation, may compel any individual licensed 12 to practice under this Act, or who has applied for licensure 13 pursuant to this Act, to submit to a mental or physical 14 examination, or both, as required by and at the expense of 15 the Department. The examining physicians or clinical 16 psychologists shall be those specifically designated by the 17 Board. The Board or the Department may order the examining 18 physician or clinical psychologist to present testimony 19 concerning this mental or physical examination of the 20 licensee or applicant. No information shall be excluded by 21 reason of any common law or statutory privilege relating to 22 communications between the licensee or applicant and the 23 examining physician or clinical psychologist. Eye 24 examinations may be provided by a licensed and certified 25 therapeutic optometrist. The individual to be examined may 26 have, at his or her own expense, another physician of his or 27 her choice present during all aspects of the examination. 28 Failure of any individual to submit to a mental or physical 29 examination, when directed, shall be grounds for suspension 30 of a license until such time as the individual submits to the 31 examination if the Board finds, after notice and hearing, 32 that the refusal to submit to the examination was without 33 reasonable cause. 34 (d) If the Board finds an individual unable to practice -21- LRB9211384WHmb 1 because of the reasons set forth in this Section, the Board 2 shall require the individual to submit to care, counseling, 3 or treatment by physicians or clinical psychologists approved 4 or designated by the Board, as a condition, term, or 5 restriction for continued, reinstated, or renewed licensure, 6 or in lieu of care, counseling, or treatment, the Board may 7 recommend to the Department to file a complaint to 8 immediately suspend, revoke, or otherwise discipline the 9 license of the individual. Any individual whose license was 10 granted pursuant to this Act, or continued, reinstated, 11 renewed, disciplined, or supervised, subject to such 12 conditions, terms, or restrictions, who shall fail to comply 13 with such conditions, terms, or restrictions, shall be 14 referred to the Director for a determination as to whether 15 the individual shall have his or her license suspended 16 immediately, pending a hearing by the Board. 17 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 18 (225 ILCS 105/17) (from Ch. 111, par. 5017) 19 (Section scheduled to be repealed on January 1, 2012) 20 Sec. 17. Administrative Procedure Act. The Illinois 21 Administrative Procedure Act is hereby expressly adopted and 22 incorporated herein as if all of the provisions of that Act 23 were included in this Act. For the purposes of this Act the 24 notice required under Section 10-25 of the Administrative 25 Procedure Act is deemed sufficient when mailed to the last 26 known address of a party. 27 (Source: P.A. 88-45.) 28 (225 ILCS 105/17.7) 29 (Section scheduled to be repealed on January 1, 2012) 30 Sec. 17.7. Restoration of suspended or revoked license. 31 At any time after the suspension or revocation of a license, 32 the Department may restore it to the licensee upon the -22- LRB9211384WHmb 1 written recommendation of the Board, unless after an 2 investigation and a hearing the Board determines that 3 restoration is not in the public interest. 4 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 5 (225 ILCS 105/17.8) 6 (Section scheduled to be repealed on January 1, 2012) 7 Sec. 17.8. Surrender of license. Upon the revocation or 8 suspension of a license or registration, the licensee shall 9 immediately surrender his or her license to the Department. 10 If the licensee fails to do so, the Department has the right 11 to seize the license. 12 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 13 (225 ILCS 105/17.9) 14 (Section scheduled to be repealed on January 1, 2012) 15 Sec. 17.9. Summary suspension of a license. The Director 16 may summarily suspend a license without a hearing if the 17 Director finds that evidence in the Director's possession 18 indicates that the continuation of practice would constitute 19 an imminent danger to the public or the individual involved. 20 If the Director summarily suspends the license without a 21 hearing, a hearing must be commenced within 30 days after the 22 suspension has occurred and concluded as expeditiously as 23 practical. 24 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 25 (225 ILCS 105/17.10) 26 (Section scheduled to be repealed on January 1, 2012) 27 Sec. 17.10. Administrative review; venue. 28 (a) All final administrative decisions of the Department 29 are subject to judicial review under the Administrative 30 Review Law and its rules. The term "administrative decision" 31 is defined as in Section 3-101 of the Code of Civil -23- LRB9211384WHmb 1 Procedure. 2 (b) Proceedings for judicial review shall be commenced in 3 the circuit court of the county in which the party applying 4 for review resides, but if the party is not a resident of 5 Illinois, the venue shall be in Sangamon County. 6 (Source: P.A. 91-408, eff. 1-1-00.) 7 (225 ILCS 105/17.11) 8 (Section scheduled to be repealed on January 1, 2012) 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 (Source: P.A. 91-408, eff. 1-1-00.) 19 (225 ILCS 105/17.12) 20 (Section scheduled to be repealed on January 1, 2012) 21 Sec. 17.12. Consent order. At any point in the 22 proceedings, both parties may agree to a negotiated consent 23 order. The consent order shall be final upon signature of the 24 Director. 25 (Source: P.A. 91-408, eff. 1-1-00.) 26 (225 ILCS 105/18) (from Ch. 111, par. 5018) 27 (Section scheduled to be repealed on January 1, 2012) 28 Sec. 18. Investigations; notice and hearing. The 29 Department may investigate the actions of any applicant or of 30 any person or persons promoting or participating in a contest 31 or any person holding or claiming to hold a license. The -24- LRB9211384WHmb 1 Department shall, before revoking, suspending, placing on 2 probation, reprimanding, or taking any other disciplinary 3 action under this Act, at least 30 days before the date set 4 for the hearing, (i) notify the accused in writing of the 5 charges made and the time and place for the hearing on the 6 charges, (ii) direct him or her to file a written answer to 7 the charges with the Board under oath within 20 days after 8 the service on him or her of the notice, and (iii) inform the 9 accused that, if he or she fails to answer, default will be 10 taken against him or her or that his or her license may be 11 suspended, revoked, or placed on probationary status or that 12 other disciplinary action may be taken with regard to the 13 license, including limiting the scope, nature, or extent of 14 his or her practice, as the Department may consider proper. 15 At the time and place fixed in the notice, the Board shall 16 proceed to hear the charges, and the parties or their counsel 17 shall be accorded ample opportunity to present any pertinent 18 statements, testimony, evidence, and arguments. The Board may 19 continue the hearing from time to time. In case the person, 20 after receiving the notice, fails to file an answer, his or 21 her license may, in the discretion of the Department, be 22 suspended, revoked, or placed on probationary status or the 23 Department may take whatever disciplinary action considered 24 proper, including limiting the scope, nature, or extent of 25 the person's practice or the imposition of a fine, without a 26 hearing, if the act or acts charged constitute sufficient 27 grounds for that action under this Act. The written notice 28 may be served by personal delivery or by certified mail to 29 the address specified by the accused in his or her last 30 notification with the Department. 31 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 32 (225 ILCS 105/19) (from Ch. 111, par. 5019) 33 (Section scheduled to be repealed on January 1, 2012) -25- LRB9211384WHmb 1 Sec. 19. Findings and recommendations. At the conclusion 2 of the hearing, the Board shall present to the Director a 3 written report of its findings, conclusions of law, and 4 recommendations. The report shall contain a finding of 5 whether the accused person violated this Act or its rules or 6 failed to comply with the conditions required in this Act or 7 its rules. The Board shall specify the nature of any 8 violations or failure to comply and shall make its 9 recommendations to the Director. In making recommendations 10 for any disciplinary actions, the Board may take into 11 consideration all facts and circumstances bearing upon the 12 reasonableness of the conduct of the accused and the 13 potential for future harm to the public including, but not 14 limited to, previous discipline of the accused by the 15 Department, intent, degree of harm to the public and 16 likelihood of harm in the future, any restitution made by the 17 accused, and whether the incident or incidents contained in 18 the complaint appear to be isolated or represent a continuing 19 pattern of conduct. In making its recommendations for 20 discipline, the Board shall endeavor to ensure that the 21 severity of the discipline recommended is reasonably related 22 to the severity of the violation. 23 The report of findings of fact, conclusions of law, and 24 recommendation of the Board shall be the basis for the 25 Department's order refusing to issue, restore, or renew a 26 license, or otherwise disciplining a licensee. If the 27 Director disagrees with the recommendations of the Board, the 28 Director may issue an order in contravention of the Board 29 recommendations. The Director shall provide a written report 30 to the Board on any disagreement and shall specify the 31 reasons for the action in the final order. The finding is not 32 admissible in evidence against the person in a criminal 33 prosecution brought for a violation of this Act, but the 34 hearing and finding are not a bar to a criminal prosecution -26- LRB9211384WHmb 1 brought for a violation of this Act. 2 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 3 (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1) 4 (Section scheduled to be repealed on January 1, 2012) 5 Sec. 19.1. Appointment of a hearing officer. The 6 Director has the authority to appoint any attorney duly 7 licensed to practice law in the State of Illinois to serve as 8 the hearing officer in any action for refusal to issue, 9 restore, or renew a license or discipline of a licensee. The 10 hearing officer has full authority to conduct the hearing. 11 The hearing officer shall report his or her findings of fact, 12 conclusions of law, and recommendations to the Board and the 13 Director. The Board shall have 60 days from receipt of the 14 report to review the report of the hearing officer and 15 present its findings of fact, conclusions of law and 16 recommendations to the Director. If the Board fails to 17 present its report within the 60 day period, the Director may 18 issue an order based on the report of the hearing officer. 19 If the Director determines that the Board's report is 20 contrary to the manifest weight of the evidence, he may issue 21 an order in contravention of the recommendation. The Director 22 shall promptly provide a written report of the Board on any 23 deviation and shall specify the reasons for the action in the 24 final order. 25 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 26 (225 ILCS 105/19.2) 27 (Section scheduled to be repealed on January 1, 2012) 28 Sec. 19.2. Subpoenas; depositions; oaths. The Department 29 has the power to subpoena and to bring before it any person 30 and to take testimony either orally or by deposition, or 31 both, with the same fees and mileage and in the same manner 32 as prescribed in civil cases in the courts of this State. -27- LRB9211384WHmb 1 The Director, the designated hearing officer, and every 2 member of the Board has the power to administer oaths to 3 witnesses at any hearing that the Department is authorized to 4 conduct and any other oaths authorized in any Act 5 administered by the Department. 6 (Source: P.A. 91-408, eff. 1-1-00.) 7 (225 ILCS 105/19.3) 8 (Section scheduled to be repealed on January 1, 2012) 9 Sec. 19.3. Compelling testimony. Any circuit court, upon 10 application of the Department, designated hearing officer, or 11 the applicant or licensee against whom proceedings under this 12 Act are pending, may enter an order requiring the attendance 13 of witnesses and their testimony and the production of 14 documents, papers, files, books, and records in connection 15 with any hearing or investigation. The court may compel 16 obedience to its order by proceedings for contempt. 17 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 18 (225 ILCS 105/19.4) 19 (Section scheduled to be repealed on January 1, 2012) 20 Sec. 19.4. Director; rehearing. Whenever the Director 21 believes that justice has not been done in the revocation, 22 suspension, refusal to issue, restore, or renew a license, or 23 other discipline of an applicant or licensee, he or she may 24 order a rehearing by the same or other examiners. 25 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.) 26 (225 ILCS 105/19.5) 27 (Section scheduled to be repealed on January 1, 2012) 28 Sec. 19.5. Order or certified copy; prima facie proof. An 29 order or certified copy thereof, over the seal of the 30 Department and purporting to be signed by the Director, is 31 prima facie proof that: -28- LRB9211384WHmb 1 (1) the signature is the genuine signature of the 2 Director; 3 (2) the Director is duly appointed and qualified; 4 and 5 (3) the Board and its members are qualified to act. 6 (Source: P.A. 91-408, eff. 1-1-00.) 7 (225 ILCS 105/20) (from Ch. 111, par. 5020) 8 (Section scheduled to be repealed on January 1, 2012) 9 Sec. 20. Stenographer; transcript. The Department, at 10 its expense, shall provide a stenographer to take down the 11 testimony and preserve a record of all proceedings at the 12 hearing of any case wherein a license or permit is subjected 13 to disciplinary action. The notice of hearing, complaint and 14 all other documents in the nature of pleadings and written 15 motions filed in the proceedings, the transcript of 16 testimony, the report of the board and the orders of the 17 Department shall be the record of the proceedings. The 18 Department shall furnish a transcript of the record to any 19 person interested in the hearing upon payment of the fee 20 required under Section 2105-115 of the Department of 21 Professional Regulation Law (20 ILCS 2105/2105-115). 22 (Source: P.A. 91-239, eff. 1-1-00.) 23 (225 ILCS 105/21) (from Ch. 111, par. 5021) 24 (Section scheduled to be repealed on January 1, 2012) 25 Sec. 21. Injunctive action; cease and desist order. 26 (a) If a person violates the provisions of this Act, the 27 Director, in the name of the People of the State of Illinois, 28 through the Attorney General or the State's Attorney of the 29 county in which the violation is alleged to have occurred, 30 may petition for an order enjoining the violation or for an 31 order enforcing compliance with this Act. Upon the filing of 32 a verified petition, the court with appropriate jurisdiction -29- LRB9211384WHmb 1 may issue a temporary restraining order, without notice or 2 bond, and may preliminarily and permanently enjoin the 3 violation. If it is established that the person has violated 4 or is violating the injunction, the court may punish the 5 offender for contempt of court. Proceedings under this 6 Section are in addition to, and not in lieu of, all other 7 remedies and penalties provided by this Act. 8 (b) Whenever, in the opinion of the Department, a person 9 violates any provision of this Act, the Department may issue 10 a rule to show cause why an order to cease and desist should 11 not be entered against that person. The rule shall clearly 12 set forth the grounds relied upon by the Department and shall 13 allow at least 7 days from the date of the rule to file an 14 answer satisfactory to the Department. Failure to answer to 15 the satisfaction of the Department shall cause an order to 16 cease and desist to be issued. 17 (Source: P.A. 91-408, eff. 1-1-00.) 18 (225 ILCS 105/22) (from Ch. 111, par. 5022) 19 (Section scheduled to be repealed on January 1, 2012) 20 Sec. 22. The expiration date and renewal period for each 21 license issued under this Act shall be set by rule. The 22 holder of a license may renew such license during the month 23 preceding the expiration date thereof by paying the required 24 fee. 25 (Source: P.A. 82-522.) 26 (225 ILCS 105/23) (from Ch. 111, par. 5023) 27 (Section scheduled to be repealed on January 1, 2012) 28 Sec. 23. Fees. The fees for the administration and 29 enforcement of this Act including, but not limited to, 30 original licensure, renewal, and restoration shall be set by 31 rule. The fees shall not be refundable. 32 (Source: P.A. 91-357, eff. 7-29-99; 91-408, eff. 1-1-00; -30- LRB9211384WHmb 1 92-16, eff. 6-28-01; 92-499, eff. 1-1-02.) 2 (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1) 3 (Section scheduled to be repealed on January 1, 2012) 4 Sec. 23.1. Returned checks; fines. Any person who 5 delivers a check or other payment to the Department that is 6 returned to the Department unpaid by the financial 7 institution upon which it is drawn shall pay to the 8 Department, in addition to the amount already owed to the 9 Department, a fine of $50. The fines imposed by this Section 10 are in addition to any other discipline provided under this 11 Act for unlicensed practice or practice on a nonrenewed 12 license. The Department shall notify the person that payment 13 of fees and fines shall be paid to the Department by 14 certified check or money order within 30 calendar days of the 15 notification. If, after the expiration of 30 days from the 16 date of the notification, the person has failed to submit the 17 necessary remittance, the Department shall automatically 18 terminate the license or deny the application, without 19 hearing. If, after termination or denial, the person seeks a 20 license, he or she shall apply to the Department for 21 restoration or issuance of the license and pay all fees and 22 fines due to the Department. The Department may establish a 23 fee for the processing of an application for restoration of a 24 license to pay all expenses of processing this application. 25 The Director may waive the fines due under this Section in 26 individual cases where the Director finds that the fines 27 would be unreasonable or unnecessarily burdensome. 28 (Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.) 29 (225 ILCS 105/24) (from Ch. 111, par. 5024) 30 (Section scheduled to be repealed on January 1, 2012) 31 Sec. 24. A person who violates a provision of this Act 32 is guilty of a Class A Misdemeanor. On conviction of a second -31- LRB9211384WHmb 1 or subsequent offense the violator shall be guilty of a Class 2 4 felony. 3 (Source: P.A. 86-615.) 4 (225 ILCS 105/25) (from Ch. 111, par. 5025) 5 (Section scheduled to be repealed on January 1, 2012) 6 Sec. 25. This Act shall not affect licenses or permits 7 issued under the Athletic Exhibition Registration Act. 8 (Source: P.A. 82-522.) 9 (225 ILCS 105/25.1) 10 (Section scheduled to be repealed on January 1, 2012) 11 Sec. 25.1. Medical Suspension. A licensee who is 12 determined by the examining physician to be unfit to compete 13 or officiate shall be immediately suspended until it is shown 14 that he or she is fit for further competition or officiating. 15 If the licensee disagrees with a medical suspension set at 16 the discretion of the ringside physician, he or she may 17 request a hearing to show proof of fitness. The hearing shall 18 be provided at the earliest opportunity after the Department 19 receives a written request from the licensee. 20 If the referee has rendered a decision of technical 21 knockout against a boxing contestant or if the contestant is 22 knocked out other than by a blow to the head, the boxing 23 contestant shall be immediately suspended for a period of not 24 less than 30 days. 25 If the boxing contestant has been knocked out by a blow 26 to the head, he or she shall be suspended immediately for a 27 period of not less than 45 days. 28 Prior to reinstatement, any boxing contestant suspended 29 for his or her medical protection shall satisfactorily pass a 30 medical examination upon the direction of the Department. The 31 examining physician may require any necessary medical 32 procedures during the examination. -32- LRB9211384WHmb 1 (Source: P.A. 91-408, eff. 1-1-00.) 2 (225 ILCS 105/26) (from Ch. 111, par. 5026) 3 (Section scheduled to be repealed on January 1, 2012) 4 Sec. 26. Home rule pre-emption. It is declared to be the 5 public policy of this State, pursuant to subsection (h) of 6 Section 6 of Article VII of the Illinois Constitution of 7 1970, that any power or function set forth in this Act to be 8 exercised by the State, including the regulation of ultimate 9 fighting exhibitions, is an exclusive State power or 10 function. Such power or function shall not be exercised 11 concurrently, either directly or indirectly, by any unit of 12 local government, including home rule units, except as 13 otherwise provided in this Act. 14 (Source: P.A. 89-578, eff. 7-30-96.) 15 (5 ILCS 80/4.12 rep.) 16 Section 10. The Regulatory Sunset Act is amended by 17 repealing Section 4.12. 18 Section 15. The Regulatory Sunset Act is amended by 19 changing Section 4.22 as follows: 20 (5 ILCS 80/4.22) 21 Sec. 4.22. ActsActrepealed on January 1, 2012. The 22 following Acts areAct isrepealed on January 1, 2012:.23 The Detection of Deception Examiners Act. 24 The Home Inspector License Act. 25 The Interior Design Title Act. 26 The Professional Boxing Act. 27 The Real Estate AppraiserAppraisersLicensing Act of 28 2002. 29 The Water Well and Pump Installation Contractor's License 30 Act. -33- LRB9211384WHmb 1 (Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02; 2 92-239, eff. 8-3-01; 92-453, eff. 8-21-01; 92-499, eff. 3 1-1-02; 92-500, eff. 12-18-01; revised 12-26-01.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law. -34- LRB9211384WHmb 1 INDEX 2 Statutes amended in order of appearance 3 225 ILCS 105/Act title 4 225 ILCS 105/0.05 5 225 ILCS 105/1 from Ch. 111, par. 5001 6 225 ILCS 105/2 from Ch. 111, par. 5002 7 225 ILCS 105/5 from Ch. 111, par. 5005 8 225 ILCS 105/6 from Ch. 111, par. 5006 9 225 ILCS 105/7 from Ch. 111, par. 5007 10 225 ILCS 105/7.5 11 225 ILCS 105/8 from Ch. 111, par. 5008 12 225 ILCS 105/10 from Ch. 111, par. 5010 13 225 ILCS 105/10.5 14 225 ILCS 105/11 from Ch. 111, par. 5011 15 225 ILCS 105/12 from Ch. 111, par. 5012 16 225 ILCS 105/13 from Ch. 111, par. 5013 17 225 ILCS 105/14 from Ch. 111, par. 5014 18 225 ILCS 105/15 from Ch. 111, par. 5015 19 225 ILCS 105/16 from Ch. 111, par. 5016 20 225 ILCS 105/17 from Ch. 111, par. 5017 21 225 ILCS 105/17.7 22 225 ILCS 105/17.8 23 225 ILCS 105/17.9 24 225 ILCS 105/17.10 25 225 ILCS 105/17.11 26 225 ILCS 105/17.12 27 225 ILCS 105/18 from Ch. 111, par. 5018 28 225 ILCS 105/19 from Ch. 111, par. 5019 29 225 ILCS 105/19.1 from Ch. 111, par. 5019.1 30 225 ILCS 105/19.2 31 225 ILCS 105/19.3 32 225 ILCS 105/19.4 33 225 ILCS 105/19.5 34 225 ILCS 105/20 from Ch. 111, par. 5020 -35- LRB9211384WHmb 1 225 ILCS 105/21 from Ch. 111, par. 5021 2 225 ILCS 105/22 from Ch. 111, par. 5022 3 225 ILCS 105/23 from Ch. 111, par. 5023 4 225 ILCS 105/23.1 from Ch. 111, par. 5023.1 5 225 ILCS 105/24 from Ch. 111, par. 5024 6 225 ILCS 105/25 from Ch. 111, par. 5025 7 225 ILCS 105/25.1 8 225 ILCS 105/26 from Ch. 111, par. 5026 9 5 ILCS 80/4.12 rep. 10 5 ILCS 80/4.22