Public Act 096-0663
Public Act 0663 96TH GENERAL ASSEMBLY
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Public Act 096-0663
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| HB0786 Enrolled |
LRB096 07372 ASK 17458 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Professional Boxing Act is amended by | changing Sections 0.05, 1, 6, 7, 8, 11, 16, and 25.1 as | follows:
| (225 ILCS 105/0.05)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 0.05. Declaration of public policy. Professional | boxing
and full-contact martial arts other contests in the | State of Illinois, and amateur full-contact martial arts | events, are
hereby declared to affect the public health,
| safety, and welfare and to be subject to regulation and control | in the public
interest. It is further declared to be a matter | of public interest and concern
that these contests and events | boxing and other contests, as defined in this Act, merit and | receive the
confidence of the public and that only qualified | persons be authorized to
participate in these contests and | events boxing and other contests in the State of
Illinois. This | Act shall be liberally construed to best carry out these | objects
and purposes.
| (Source: P.A. 95-593, eff. 6-1-08.)
|
| (225 ILCS 105/1) (from Ch. 111, par. 5001)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 1. Short title and definitions.
| (a) This Act may be cited as the Professional Boxing Act.
| (b) As used in this Act:
| 1. "Department" means the Department of Financial and
| Professional Regulation.
| 2. "Secretary" means the Secretary
of Financial and | Professional Regulation.
| 3. "Board" means the State Professional Boxing Board
| appointed by the
Secretary.
| 4. "License" means the license issued for
promoters,
| contestants, or officials
in accordance with this Act.
| 5. (Blank).
| 6. "Contest" means a
professional boxing, martial art, | or professional full-contact mixed martial arts art match | or exhibition.
| 7. (Blank).
| 8. (Blank).
| 9. "Permit" means the authorization from the | Department to a
promoter
to conduct
contests.
| 10. "Promoter" means a person who is licensed and
who
| holds a permit to conduct contests.
| 11. Unless the context indicates otherwise, "person" | includes, but is not limited to, an individual,
an
| association, organization, business entity partnership, |
| corporation, gymnasium, or club.
| 12. (Blank).
| 13. (Blank).
| 14. (Blank).
| 15. "Judge" means a person licensed by the Department | who is
at ringside
during a contest
match and who has the | responsibility of scoring the performance of the
| participants in the contest.
| 16. "Referee" means a person licensed by the Department | who
has the
general
supervision of
a contest and is present | inside of the ring during the contest.
| 17. "Amateur" means a person who is not competing for, | and has never received or
competed for, any
purse or other
| article of value, directly or indirectly, either for | participating in any contest or for the
expenses of | training therefor,
other than a non-monetary prize that | does not exceed $50 in value.
| 18. "Contestant" means a person licensed by the
| Department who
competes for a
money prize, purse, or other | type of compensation in a contest,
exhibition, or match | held in
Illinois.
| 19. "Second" means a person licensed by the Department | who is
present at any
contest to provide assistance or | advice to a contestant during the contest.
| 20. "Matchmaker" means a person licensed by the | Department who
brings
together
contestants or procures |
| matches or contests for contestants.
| 21. "Manager" means a person licensed by the Department | who is
not a
promoter and
who, under contract, agreement, | or other arrangement with any contestant, undertakes
to, | directly or
indirectly, control or administer the affairs | of contestants.
| 22. "Timekeeper" means a person licensed by the | Department who
is the
official timer of
the length of | rounds and the intervals between the rounds.
| 23. "Purse" means the financial guarantee or any other
| remuneration for
which contestants
are participating in a | contest.
| 24. "Physician" means a person licensed to practice | medicine
in all its
branches under the Medical Practice Act | of 1987.
| 25. "Martial arts" means a discipline or combination of | different disciplines that utilizes sparring techniques | without the intent to injure, disable, or incapacitate | one's opponent, such as, but not limited to, Karate, Kung | Fu, Judo, and Jujitsu, Muay Thai, Tae Kwon Do, and | Kick-boxing. | 26. "Full-contact Mixed martial arts" means the use of | a singular discipline or a combination of techniques from | different disciplines of the martial arts, including, | without limitation, full-force grappling, kicking, and | striking with the intent to injure, disable, or |
| incapacitate one's opponent.
| 27. "Amateur full-contact martial arts event" means a | full-contact martial arts match or exhibition which all of | the participants are amateurs. | (Source: P.A. 95-593, eff. 6-1-08.)
| (225 ILCS 105/6) (from Ch. 111, par. 5006)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 6. Restricted contests and events Prohibitions. | (a) All professional contests in which
physical contact is | made are prohibited in Illinois unless authorized by the | Department pursuant to the requirements and standards stated in | this Act and the rules adopted pursuant to this Act. | (b) Department authorization is not required for amateur | full-contact martial arts events conducted in a manner that | provides substantially similar protections for the health, | safety, and welfare of the participants and the public as are | required for professional events by this Act and the rules | adopted by the Department under this Act. Those protections | shall include, at a minimum, onsite medical staff and | equipment, trained officials, adequate insurance coverage, | weight classes, use of appropriate safety equipment by | participants, adequate and safe competition surfaces, and | standards regarding striking techniques and fouls. Anyone | conducting an amateur full-contact martial arts event shall | notify the Department in writing of the date, time, and |
| location of that event at least 20 days prior to the event. | Failure to comply with the requirements of this Section shall | render the event prohibited and unauthorized by the Department, | and persons involved in the event are subject to the procedures | and penalties set forth in Section 10.5.
This provision does | not apply to the following:
| (1) Boxing contests or wrestling exhibitions conducted | by accredited
secondary schools, colleges or universities, | although a fee may be charged.
Institutions organized to | furnish instruction in athletics are not included in
this | exemption.
| (2) Amateur boxing matches sanctioned by the United | States Amateur Boxing
Federation, Inc., Golden Gloves of | America, or other amateur sanctioning body, as determined | by rule, and amateur wrestling exhibitions.
| (3) Amateur martial art matches sanctioned by a | sanctioning body approved by the Department, as determined | by rule. | (4) Martial art instruction conducted by a martial art | school and contests occurring within or amongst martial art | schools, provided that (i) the contestants do not receive | anything of value for participating other than an award, | trophy, other item of recognition, or a prize that does not | exceed $50 in value and (ii) no entrance fee is charged to | participate or watch the school contests. | (Source: P.A. 95-593, eff. 6-1-08.)
|
| (225 ILCS 105/7) (from Ch. 111, par. 5007)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 7. In order to conduct a contest
in this State, a | promoter shall obtain a permit issued by the Department
in | accordance with this Act and the rules and regulations adopted | pursuant
thereto. This permit shall authorize one or more | contests or exhibitions.
A permit issued under this Act is not | transferable.
| (Source: P.A. 95-593, eff. 6-1-08.)
| (225 ILCS 105/8) (from Ch. 111, par. 5008)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 8. Permits.
| (a) A promoter who desires to obtain a permit to conduct a
| contest shall apply to the Department at least 20 days prior to | the
event,
in writing, on forms furnished by the Department. | The application shall
be accompanied by the required fee and | shall
contain at least the following information:
| (1) the names and addresses of the promoter;
| (2) the name of the matchmaker;
| (3) the time and exact location of the
contest;
| (4) the seating
capacity of the building where the | event is to be held;
| (5) a copy of the
lease or proof of ownership of the | building where the event is to be held;
|
| (6) the admission
charge or charges to be made; and
| (7) proof of adequate security measures and adequate | medical
supervision, as determined by Department rule, to | ensure the protection of the
health and safety of the | general public while attending contests and the
| contestants' safety while participating in the events and | any other information
that the Department may determine by | rule in order to issue a permit.
| (b) After the initial application and within 10 days prior | to of a scheduled event,
a promoter shall submit to the | Department all of the following information:
| (1) The amount of compensation to be paid to each | participant.
| (2) The names of the contestants.
| (3) Proof of insurance for not less than $50,000 for | each contestant
participating in a
contest or exhibition.
| Insurance required under this subsection shall cover (i)
| hospital, medication, physician, and other such expenses as | would
accrue in the treatment of an injury as a result of the | contest or
exhibition and (ii) payment to the estate of the | contestant in the event of
his or her death as a result
of his | or her participation in the contest or exhibition.
| (c) All promoters shall provide to the Department, at least | 24 hours
prior
to commencement of the event, the amount of the | purse to be paid for the event.
The Department shall promulgate | rules for payment of the purse.
|
| (d) The contest shall be held in an area where adequate | neurosurgical
facilities are immediately available for skilled | emergency treatment of an
injured contestant.
It is the | responsibility of the promoter to ensure that the building to | be used
for the event complies with all laws, ordinances, and | regulations in the city,
town, or village where the contest is | to be held.
The Department may issue a permit to any promoter | who meets the requirements of
this Act
and the rules. The | permit shall only be issued for a specific date and location
of | a contest and
shall not be transferable.
In an emergency, the | Department may allow a promoter to amend a permit
application | to hold a contest in a different
location than the
application | specifies and may allow the promoter to substitute contestants.
| (e) The Department shall be responsible for assigning the | judges,
timekeepers, referees, physicians, and medical | personnel for a contest.
It shall be the responsibility of the | promoter to cover the cost of the
individuals utilized at a | contest.
| (Source: P.A. 95-593, eff. 6-1-08.)
| (225 ILCS 105/11) (from Ch. 111, par. 5011)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 11. Qualifications for license. The Department shall | grant
licenses to the following persons
if the following | qualifications are met:
| (A) An applicant for licensure as a contestant in a
contest |
| must:
(1) be 18 years old, (2) be of good moral character, (3) | file an application
stating
the applicant's correct name (and | no assumed or ring name may be used
unless such name is | registered with the Department along with the applicant's
| correct name), date and place of birth, place of current | residence, and a
sworn statement that he is not currently in | violation of any federal, State or
local laws or rules | governing
boxing, martial arts, or full-contact mixed martial | arts, (4) file a certificate of a physician licensed to | practice medicine
in all of its branches which attests that the | applicant is physically fit
and qualified to participate in | contests, and (5) pay
the required fee
and meet any other | requirements.
Applicants over age 35 who have not competed in a | contest within the
last 36
months may be required to appear | before the Board to determine their fitness to
participate in a | contest. A picture identification card shall be issued to
all
| contestants
licensed by the Department
who are residents of
| Illinois or who are residents of any jurisdiction, state, or | country that does
not regulate professional boxing, martial | arts, or full-contact mixed martial arts. The identification | card shall be
presented to the
Department or its representative | upon request at weigh-ins.
| (B) An applicant for licensure as a referee, judge,
| manager, second, matchmaker, or timekeeper must: (1) be of good
| moral character, (2) file
an application stating the | applicant's name, date and place of birth, and
place of current |
| residence along with a certifying statement that
he is not
| currently in violation of any federal, State, or local laws or | rules
governing
boxing, martial arts, or full-contact mixed | martial arts, (3) have had satisfactory experience in his | field, (4) pay the
required fee, and (5) meet any other | requirements as determined by rule.
| (C) An applicant for licensure as a promoter must: (1) be | of good
moral character, (2) file an application with the | Department stating the
applicant's name, date and place of | birth, place of current residence along
with
a certifying | statement that he is not currently in violation of any federal,
| State, or local laws or rules governing boxing, martial arts, | or full-contact mixed martial arts, (3) provide proof of a | surety
bond
of no less than $5,000 to cover financial | obligations pursuant to this Act,
payable to the Department and | conditioned for the payment of the tax imposed by
this Act and | compliance with this Act and the rules promulgated pursuant to
| this
Act,
(4) provide a financial statement, prepared by a | certified public accountant,
showing
liquid working capital of | $10,000 or more, or a $10,000 performance bond
guaranteeing | payment of all obligations relating to the promotional | activities,
and (5) pay the required fee and meet any other | requirements.
| In determining good moral character, the Department may | take into
consideration any violation of any of the provisions | of Section 16 of this
Act and any felony conviction of the |
| applicant, but such a conviction shall
not
operate as a bar to | licensure. No license issued under this Act is
transferable.
| The Department may issue temporary licenses as provided
by | rule.
| (Source: P.A. 95-593, eff. 6-1-08.)
| (225 ILCS 105/16) (from Ch. 111, par. 5016)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 16. Discipline and sanctions.
| (a) The Department may refuse to issue a
permit or license, | refuse to renew, suspend, revoke,
reprimand, place on
| probation, or take such other disciplinary action as the | Department may
deem proper, including the imposition of fines | not to exceed $5,000 for
each violation, with regard to any | license for one
or
any combination of the following reasons:
| (1) gambling, betting, or wagering on the result of or | a
contingency connected
with a contest or permitting such | activity to
take place;
| (2) participating in or permitting a sham or fake
| contest;
| (3) holding the contest at any other time or
place than
| is stated
on the permit application;
| (4) permitting any contestant other than those
stated | on the
permit application to participate in a
contest, | except as provided
in Section 9;
| (5) violation or aiding in the violation of any of the
|
| provisions of this
Act or any rules or regulations | promulgated thereto;
| (6) violation of any federal, State or local laws of | the
United States or other jurisdiction governing
contests | or any regulation
promulgated pursuant thereto;
| (7) charging a greater rate or rates of admission than | is
specified on the permit application;
| (8) failure to obtain all the necessary permits,
| registrations, or licenses as required under this Act;
| (9) failure to file the necessary bond or to pay the | gross
receipts
tax as required by this Act;
| (10) engaging in dishonorable, unethical or | unprofessional
conduct
of a character likely to deceive, | defraud or harm the public, or which
is detrimental to | honestly conducted contests;
| (11) employment of fraud, deception or any unlawful | means in
applying
for or securing a permit or license under | this
Act;
| (12) permitting a physician making the physical | examination
to
knowingly certify falsely to the physical | condition of a contestant;
| (13) permitting contestants of widely disparate | weights or
abilities
to engage in contests;
| (14) participating in a contest as a contestant
while | under medical suspension in this State or
in
any other
| state, territory or country;
|
| (15) physical illness, including, but not limited to,
| deterioration
through the aging process, or loss of motor | skills which results in the
inability to participate in | contests with
reasonable judgment,
skill, or safety;
| (16) allowing one's license or permit issued
under
this | Act to be used by another person;
| (17) failing, within a reasonable time, to provide any
| information
requested by the Department as a result of a | formal or informal
complaint;
| (18) professional incompetence;
| (19) failure to file a return, or to pay the tax, | penalty or
interest
shown in a filed return, or to pay any | final assessment of tax, penalty or
interest, as required | by any tax Act administered by the Illinois
Department of | Revenue, until such time as the requirements of any such | tax
Act are satisfied;
| (20) (blank);
| (21) habitual or excessive use or addiction to alcohol, | narcotics,
stimulants, or any other
chemical agent or drug | that results in an inability to participate in an
event; or
| (22) failure to stop a contest or exhibition when | requested to do so by
the Department.
| (b) The determination by a circuit court that a licensee is | subject to
involuntary admission or
judicial admission as | provided in the Mental Health and Developmental
Disabilities | Code operates as
an automatic suspension. The suspension will |
| end only upon a finding by a court
that the licensee is no
| longer subject to involuntary admission or judicial admission, | issuance of an
order so finding and
discharging the licensee, | and upon the recommendation of the Board to the
Director that | the licensee
be allowed to resume his or her practice.
| (c) In enforcing this Section, the Board, upon a showing of | a possible
violation,
may compel any
individual licensed to | practice under this Act, or who has
applied for licensure | pursuant to this Act, to submit to a mental or physical
| examination, or both, as required
by and at the expense of the | Department. The examining physicians or clinical
psychologists | shall be
those specifically designated by the Board. The Board | or the Department may
order the examining
physician or clinical | psychologist to present testimony concerning this mental
or | physical examination
of the licensee or applicant. No | information shall be excluded
by
reason of any common
law or | statutory privilege relating to communications between the | licensee or applicant
and the examining physician or clinical | psychologist. Eye examinations may be
provided by a
licensed | and certified therapeutic optometrist. The individual to be | examined
may have, at his or her
own expense, another physician | of his or her choice present during all aspects
of the | examination.
Failure of any individual to submit to a mental or | physical examination, when
directed, shall be
grounds for | suspension of a license until such time as the individual | submits
to the examination if the
Board finds, after notice and |
| hearing, that the refusal to submit to the
examination was | without
reasonable cause.
| (d) If the Board finds an individual unable to practice | because of the
reasons
set forth in this
Section, the Board | shall require the individual to submit to care, counseling,
or | treatment by
physicians or clinical psychologists approved or | designated by the Board, as a
condition, term, or
restriction | for continued, reinstated, or renewed licensure, or
in lieu of | care,
counseling, or treatment, the Board may recommend to the | Department to file a
complaint to
immediately suspend, revoke, | or otherwise discipline the license of the individual. Any
| individual whose license was granted pursuant to this Act,
or
| continued, reinstated,
renewed, disciplined, or supervised, | subject to such conditions, terms, or
restrictions, who shall | fail to
comply with such conditions, terms, or restrictions, | shall be referred to the
Director for a
determination as to | whether the individual shall have his or her license suspended
| immediately, pending a hearing by the Board.
| (Source: P.A. 95-593, eff. 6-1-08.)
| (225 ILCS 105/25.1)
| (Section scheduled to be repealed on January 1, 2012)
| Sec. 25.1. Medical Suspension. A licensee who is determined | by the
examining
physician to
be unfit to compete or officiate | shall be immediately suspended until it is
shown that he or she | is fit for
further competition or officiating. If the licensee |
| disagrees with a medical
suspension set at the
discretion of | the ringside physician, he or she may request a hearing to show
| proof of fitness. The
hearing shall be provided at the earliest | opportunity after the Department
receives a written request
| from the licensee.
| If the referee has rendered a decision of technical | knockout against a
contestant or if
the contestant is knocked | out other than by a blow to the head, the
contestant shall be
| immediately suspended for a period of not less than 30 days. In | a full-contact mixed martial arts art contest, if the | contestant has tapped out or has submitted, the referee shall | stop the contest and the ringside physician shall determine the | length of suspension.
| If the contestant has been knocked out by a blow to the | head, he or
she shall be
suspended immediately for a period of | not less than 45 days.
| Prior to reinstatement, any contestant suspended for his or | her
medical protection shall
satisfactorily pass a medical | examination upon the direction of the
Department. The examining
| physician may require any necessary medical procedures during | the
examination.
| (Source: P.A. 95-593, eff. 6-1-08.)
| (225 ILCS 105/1.5 rep.) | Section 10. The Professional Boxing Act is amended by | repealing Section 1.5.
|
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/25/2009
|
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