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91_HB0245enr
HB0245 Enrolled LRB9101561ACtm
1 AN ACT to amend the Professional Boxing and Wrestling
2 Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Professional Boxing and Wrestling Act is
6 amended by changing Sections 1, 2, 6, 7.5, 8, 10, 10.5, 11,
7 12, 13, 14, 15, 16, 18, 19, 19.1, 21, and 23 and adding
8 Sections 0.05, 17.7, 17.8, 17.9, 17.10, 17.11, 17.12, 19.2,
9 19.3, 19.4, 19.5, and 25.1 as follows:
10 (225 ILCS 105/0.05 new)
11 Sec. 0.05. Declaration of public policy. Professional
12 boxing and wrestling in the State of Illinois is hereby
13 declared to affect the public health, safety, and welfare and
14 to be subject to regulation and control in the public
15 interest. It is further declared to be a matter of public
16 interest and concern that boxing and wrestling, as defined in
17 this Act, merit and receive the confidence of the public and
18 that only qualified persons be authorized to participate in
19 boxing contests and wrestling exhibitions in the State of
20 Illinois. This Act shall be liberally construed to best carry
21 out these objects and purposes.
22 (225 ILCS 105/1) (from Ch. 111, par. 5001)
23 Sec. 1. Short title and definitions.
24 (a) This Act shall be known and may be cited as the
25 "Professional Boxing and Wrestling Act".
26 (b) As used in this Act:
27 1. "Department" means the Department of
28 Professional Regulation.
29 2. "Director" means the Director of Professional
30 Regulation.
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1 3. "Board" means the State Boxing and Wrestling
2 Board appointed by the Director.
3 4. "License" means the license issued for boxing
4 promoters, contestants, or officials in accordance with
5 this Act.
6 5. "Registration" means the registration issued to
7 wrestling promoters in accordance with this Act.
8 6. "Boxing Contests" include professional boxing or
9 sparring matches and, events, exhibitions, or cards.
10 7. "Wrestling Exhibitions" include professional
11 wrestling contests, matches, events, and shows.
12 8. "Athletic Events" include both professional
13 boxing contests and professional wrestling exhibitions.
14 9. "Permit" means the authorization from the
15 Department to a promoter to conduct professional boxing
16 contests or professional wrestling exhibitions.
17 10. "Promoter" means a person who is licensed or
18 registered and who holds a permit to conduct professional
19 boxing matches or professional wrestling exhibitions.
20 11. Unless the context indicates otherwise,
21 "person" includes an association, partnership,
22 corporation, gymnasium, or club.
23 12. For the purposes of this Act the term "trainer"
24 includes what is commonly referred to as "second",
25 "corner man", or "coach".
26 13. "Ultimate fighting exhibition" has the meaning
27 given by rule adopted by the Department in accordance
28 with Section 7.5.
29 14. "Professional boxer" means a person licensed by
30 the Department who competes for a money prize, purse, or
31 other type of compensation in a boxing contest,
32 exhibition, or match held in Illinois.
33 15. "Judge" means a person licensed by the
34 Department who is at ringside during a boxing match and
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1 who has the responsibility of scoring the performance of
2 the participants in the contest.
3 16. "Referee" means a person licensed by the
4 Department who has the general supervision of a boxing
5 contest and is present inside of the ring during the
6 contest.
7 17. "Amateur" means a person who has never received
8 or competed for any purse or other article of value,
9 either for participating in any boxing contest or for the
10 expenses of training therefor, other than a prize that
11 does not exceed $50 in value.
12 18. "Contestant" means an individual who
13 participates in a boxing contest or wrestling exhibition.
14 19. "Second" means a person licensed by the
15 Department who is present at any boxing contest to
16 provide assistance or advice to a boxer during the
17 contest.
18 20. "Matchmaker" means a person licensed by the
19 Department who brings together professional boxers or
20 procures matches for professional boxers.
21 21. "Manager" means a person licensed by the
22 Department who is not a promoter and who, under contract,
23 agreement, or other arrangement with any boxer,
24 undertakes to, directly or indirectly, control or
25 administer the boxing affairs of boxers.
26 22. "Timekeeper" means a person licensed by the
27 Department who is the official timer of the length of
28 rounds and the intervals between the rounds.
29 23. "Purse" means the financial guarantee or any
30 other remuneration for which contestants are
31 participating in a boxing contest.
32 24. "Physician" means a person licensed to practice
33 medicine in all its branches under the Medical Practice
34 Act of 1987.
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1 (Source: P.A. 89-578, eff. 7-30-96.)
2 (225 ILCS 105/2) (from Ch. 111, par. 5002)
3 Sec. 2. State Boxing and Wrestling Board. There is
4 created the State Boxing and Wrestling Board consisting of 6
5 5 persons who shall be appointed by and shall serve in an
6 advisory capacity to the Director. One There shall also be a
7 physician licensed to practice medicine in all of its
8 branches. who shall act as a consultant to the board as
9 needed. Upon the expiration of the terms of the board
10 members appointed before or after the effective date of this
11 Act, The Director shall appoint their successors, each member
12 to serve for a term of 3 years from and after the 3rd Monday
13 in January of the year in which the antecedent term expires
14 and all to serve until his or her successor is their
15 successors are appointed and qualified. One member of the
16 board shall be designated as the Chairperson and one member
17 shall be designated as the Vice-chairperson Chairman. No
18 member shall be appointed to the Board for a term which would
19 cause continuous service to be more than 9 years. Service
20 prior to the effective date of this amendatory Act of the
21 91st General Assembly shall not be considered in calculating
22 length of service on the Board. Each member of the board
23 shall receive compensation $75 per day for each day he or she
24 is engaged in transacting the business of the board and, in
25 addition, shall be reimbursed for his or her authorized and
26 approved expenses necessarily incurred in relation to such
27 service in accordance with the travel regulations applicable
28 to the Department at the time the expenses are incurred.
29 A majority of the current members appointed shall
30 constitute a quorum.
31 The members of the Board shall be immune from suit in any
32 action based upon any disciplinary proceedings or other acts
33 performed in good faith as members of the Board.
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1 The Director may remove any member of the Board for
2 misconduct, incapacity, or neglect of duty. The Director
3 shall reduce to writing any causes for removal.
4 The Director may appoint and at his pleasure remove a
5 secretary to the Board. It is the duty of the Secretary to
6 make a full record of all board proceedings, and perform
7 other duties prescribed by the Director.
8 (Source: P.A. 87-1182.)
9 (225 ILCS 105/6) (from Ch. 111, par. 5006)
10 Sec. 6. Prohibitions. All boxing matches, contests, or
11 exhibits in which physical contact is made including, but not
12 limited to, "ultimate fighting exhibitions", are prohibited
13 in Illinois unless authorized by the Department. This
14 provision does not apply to the following Applicability. The
15 provisions of this Act do not apply to:
16 (1) 1. Boxing contests or wrestling exhibitions
17 conducted by accredited secondary schools, colleges or
18 universities, although a fee may be charged.
19 Institutions organized to furnish instruction in
20 athletics are not included in this exemption.
21 (2) 2. Amateur boxing matches sanctioned by the
22 United States Amateur Boxing Federation, Inc. or Golden
23 Gloves of America, amateur wrestling exhibitions, and
24 amateur or professional martial arts or kick boxing;
25 except that this Act does apply to ultimate fighting
26 exhibitions.
27 (Source: P.A. 89-578, eff. 7-30-96.)
28 (225 ILCS 105/7.5)
29 Sec. 7.5. Ultimate fighting exhibitions.
30 (a) The General Assembly finds and declares that:
31 (1) The entertainment spectacle commonly known as
32 "ultimate fighting" is a violent exhibition that is
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1 excessively and unacceptably dangerous to the
2 participants. "Ultimate fighting" includes exhibitions
3 of the same nature even though a different name is
4 applied to this event.
5 (2) Unlike the sports of boxing and wrestling, in
6 which serious or permanent injury is largely preventable
7 and occurs only occasionally as an incidental result of
8 the athletic contest, ultimate fighting is intended by
9 its promoters to produce serious injury in every
10 exhibition and is widely and specifically advertised and
11 promoted as being the most dangerous of all fighting
12 exhibitions.
13 (3) The lack of appropriate restrictions on
14 dangerous blows or life-threatening maneuvers and the
15 matching of participants with incompatible styles of
16 fighting make it difficult or impossible for the State to
17 regulate ultimate fighting in a way that can reasonably
18 protect the safety of the participants.
19 (4) It is therefore an appropriate exercise of the
20 police power of the State and necessary for the public
21 safety and the common good to prohibit ultimate fighting
22 exhibitions in this State.
23 (b) The Department, in consultation with the State
24 Boxing and Wrestling Board, shall adopt rules defining the
25 term "ultimate fighting exhibition" and distinguishing such
26 exhibitions from the legitimate boxing and wrestling contests
27 permitted under this Act and the exhibitions or contests of
28 the martial arts and other sports that are traditionally
29 conducted with respect for the safety and protection of the
30 participants.
31 (c) Beginning on the effective date of the rules to be
32 adopted under subsection (b) of this Section, No person may
33 hold, promote, or participate in any ultimate fighting
34 exhibition in this State.
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1 (Source: P.A. 89-578, eff. 7-30-96.)
2 (225 ILCS 105/8) (from Ch. 111, par. 5008)
3 Sec. 8. Permits.
4 (a) A promoter who desires to obtain a permit to conduct
5 an athletic event shall apply to the Department at least 20
6 10 days prior to the event, in writing, on forms furnished by
7 the Department. The application shall be verified under
8 oath, shall be accompanied by the required fee and shall
9 contain at least the following information:
10 (1) (a) the names and addresses of the promoter;
11 (2) and all of the officers of any club,
12 association, partnership or corporation with whom the
13 promoter is associated, (b) the names of the contestants
14 and their seconds, (c) the name of the their matchmaker;
15 (3), (d) the time and exact location of the athletic
16 event;
17 (4), (e) the seating capacity of the building where
18 the event is to be held;
19 (5) a copy of the lease or proof of ownership of
20 the building where the event is to be held;
21 (6), (f) the admission charge or charges to be made
22 ;, 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 athletic events 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 (g) the
30 amount of compensation or percentage of the gate receipts
31 to be paid to each participant.
32 (b) After the initial application and within 10 days of
33 a scheduled event, a promoter shall submit to the Department
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1 all of the following information:
2 (1) The amount of compensation to be paid to each
3 participant.
4 (2) The names of the contestants.
5 (3) Proof of insurance for not less than $10,000 for
6 each contestant participating in a boxing contest or
7 exhibition.
8 Insurance required under this subsection shall cover (i)
9 hospital, medication, physician, and other such expenses as
10 would accrue in the treatment of an injury as a result of the
11 boxing contest or exhibition and (ii) payment to the estate
12 of the contestant in the event of his or her death as a
13 result of his or her participation in the boxing contest or
14 exhibition.
15 (c) All boxing promoters shall provide to the
16 Department, at least 24 hours prior to commencement of the
17 event, the amount of the purse to be paid for the event. The
18 Department shall promulgate rules for payment of the purse.
19 (d) The boxing contest shall be held in an area where
20 adequate neurosurgical facilities are immediately available
21 for skilled emergency treatment of an injured boxer. It is
22 the responsibility of the promoter to ensure that the
23 building to be used for the event complies with all laws,
24 ordinances, and regulations in the city, town, or village
25 where the athletic event is to be held. The Department may
26 issue a permit to any promoter who meets the requirements of
27 this Act and the rules. The permit shall only be issued for a
28 specific date and location of an athletic event and shall not
29 be transferable. In an emergency, the Department may allow a
30 promoter to amend a permit application to hold an athletic
31 event in a different location than the application specifies
32 and may allow the promoter to substitute contestants.
33 (e) The Department shall be responsible for assigning
34 the judge, timekeepers, referees, physician, and medical
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1 personnel for a boxing contest. It shall be the
2 responsibility of the promoter to cover the cost of the
3 individuals utilized at an athletic event.
4 Any person who makes or causes to be made false
5 statements is guilty of perjury.
6 (Source: P.A. 82-522.)
7 (225 ILCS 105/10) (from Ch. 111, par. 5010)
8 Sec. 10. Who must be licensed. In order to participate
9 in boxing contests the following persons must each be
10 licensed and in good standing with the Department: (a)
11 promoters, (b) contestants, (c) seconds, (d) referees, (e)
12 judges, (f) managers, (g) matchmakers trainers, and (h)
13 timekeepers.
14 Matchmakers, physicians and Announcers may participate in
15 boxing contests without being licensed under this Act. It
16 shall be the responsibility of the promoter to ensure that
17 announcers these unlicensed persons comply with the Act, and
18 all rules and regulations promulgated pursuant to this Act
19 thereto.
20 A licensed promoter may not act as, and cannot be
21 licensed as, a second, boxer, referee, timekeeper, judge, or
22 manager. If he or she is so licensed, he or she must
23 relinquish any of these licenses to the Department for
24 cancellation. A promoter may be licensed as a matchmaker.
25 These persons involved with professional boxing and wrestling
26 must register with the Department by supplying the Athletic
27 Section with their name, address, telephone number and social
28 security number.
29 Persons involved with wrestling exhibitions shall supply
30 the Department with their name, address, telephone number,
31 and social security number and shall meet other requirements
32 as established by rule.
33 (Source: P.A. 85-225.)
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1 (225 ILCS 105/10.5)
2 Sec. 10.5. Unlicensed practice; violation; civil
3 penalty.
4 (a) Any person who practices, offers to practice,
5 attempts to practice, or holds oneself out to practice as a
6 promoter, professional boxer, contestant, second, referee,
7 judge, manager, matchmaker trainer, or timekeeper without
8 being licensed under this Act shall, in addition to any other
9 penalty provided by law, pay a civil penalty to the
10 Department in an amount not to exceed $5,000 for each offense
11 as determined by the Department. The civil penalty shall be
12 assessed by the Department after a hearing is held in
13 accordance with the provisions set forth in this Act
14 regarding the provision of a hearing for the discipline of a
15 licensee.
16 (b) The Department has the authority and power to
17 investigate any and all unlicensed activity.
18 (c) The civil penalty shall be paid within 60 days after
19 the effective date of the order imposing the civil penalty.
20 The order shall constitute a judgment and may be filed and
21 execution had thereon in the same manner as any judgment from
22 any court of record.
23 (Source: P.A. 89-474, eff. 6-18-96.)
24 (225 ILCS 105/11) (from Ch. 111, par. 5011)
25 Sec. 11. Qualifications for license. The Department
26 shall grant licenses to or register the following persons if
27 the following qualifications are met:
28 (A) An applicant for licensure as a contestant in a
29 boxing match must: (1) be 18 years old, except when the
30 applicant has exhibited unusual maturity or ability, (2) be
31 of good moral character, (3) file an application stating the
32 applicant's correct name (and no assumed or ring name may be
33 used unless such name is registered with the Department along
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1 with the applicant's correct name), date and place of birth,
2 place of current residence, and a sworn statement that he is
3 not currently in violation of any federal, State or local
4 laws or rules governing boxing, (4) file a certificate of a
5 physician licensed to practice medicine in all of its
6 branches which attests that the applicant is physically fit
7 and qualified to participate in boxing matches, and (5) pay
8 the required fee and meet any other requirements. Applicants
9 over age 39 who have not competed in a contest within the
10 last 36 months may be required to appear before the Board to
11 determine their fitness to participate in a contest. A
12 picture identification shall be issued to all boxers licensed
13 by the Department. The identification shall be presented to
14 the Department or its representative upon request at
15 weigh-ins or contests.
16 (B) An applicant for licensure as a boxing promoter,
17 referee, judge, manager, second, matchmaker, trainer or
18 timekeeper must: (1) be of good moral character, (2) file an
19 application stating the applicant's name, date and place of
20 birth, and place of current residence along with a certifying
21 sworn statement that he is not currently in violation of any
22 federal, State, or local laws or rules governing boxing, (3)
23 have had satisfactory experience in his field, and (4) pay
24 the required fee, and (5) meet any other requirements as
25 determined by rule. An applicant for licensure as a referee,
26 manager or trainer must also file proof that he has
27 participated in medical seminars pertaining to boxing
28 contests, the curriculum and number of hours of which the
29 Department by rule deems sufficient.
30 (C) An applicant for licensure as a boxing promoter must:
31 (1) be of good moral character, (2) file an application with
32 the Department stating the applicant's name, date and place
33 of birth, place of current residence along with a certifying
34 statement that he is not currently in violation of any
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1 federal, State, or local laws or rules governing boxing, (3)
2 provide proof of a surety bond of no less than $5,000 to
3 cover financial obligations pursuant to this Act, payable to
4 the Department and conditioned for the payment of the tax
5 imposed by this Act and compliance with this Act and the
6 rules promulgated pursuant to this Act, (4) provide a
7 financial statement, prepared by a certified public
8 accountant, showing liquid working capital of $10,000 or
9 more, or a $10,000 performance bond guaranteeing payment of
10 all obligations relating to the promotional activities, and
11 (5) pay the required fee and meet any other requirements.
12 (D) (C) An applicant for registration as a wrestling
13 promoter must: (1) be of good moral character, (2) file an
14 application with the Department stating the applicant's name,
15 date and place of birth, and place of current residence along
16 with a certifying sworn statement that he is not currently in
17 violation of any federal, State, or local laws or rules
18 governing wrestling, and (3) provide a surety bond of no less
19 than $10,000 to cover financial obligations pursuant to this
20 Act, payable to the Department and conditioned for the
21 payment of the tax imposed by this Act and compliance with
22 this Act and the rules promulgated pursuant to this Act, (4)
23 provide a financial statement, prepared by a certified public
24 accountant, showing liquid working capital of $10,000 or
25 more, or a $10,000 performance bond guaranteeing payment of
26 all obligations relating to the promotional activities, and
27 (5) pay the required fee and meet any other requirements.
28 In determining good moral character, the Department may
29 take into consideration any violation of any of the
30 provisions of Section 16 of this Act and any felony
31 conviction of the applicant, but such a conviction shall not
32 operate as a bar to licensure. No license issued under this
33 Act is transferable.
34 The Department may issue temporary licenses and
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1 registrations as provided by rule.
2 (Source: P.A. 90-655, eff. 7-30-98.)
3 (225 ILCS 105/12) (from Ch. 111, par. 5012)
4 Sec. 12. Boxing contests. Each boxing contestant shall
5 be examined before entering the ring and immediately after
6 each contest by a physician licensed to practice medicine in
7 all of its branches. The physician shall determine, prior to
8 the contest, if each contestant is physically fit to engage
9 in the contest. After the contest the physician shall examine
10 the contestant to determine possible injury. If the
11 contestant's physical condition so indicates, the physician
12 shall recommend to the Department immediate medical
13 suspension. The physician may, at any time during the
14 contest, stop the contest to examine a boxer, and terminate
15 the contest when, in the physician's opinion, continuing the
16 contest could result in serious injury to the boxer. The
17 physician shall certify to the condition of the contestant in
18 writing, over his signature on blank forms provided by the
19 Department. Such reports shall be submitted to the Department
20 in a timely manner. The physician shall be paid by the
21 promoter a fee fixed by the Department. No boxing contest
22 shall be held unless a physician licensed to practice
23 medicine in all of its branches is in attendance.
24 No contest shall be allowed to begin unless at least one
25 physician and 2 trained paramedics or 2 nurses who are
26 trained to administer emergency medical care are present
27 adequate medical supervision, as set forth in subsection (3)
28 of Section 9, has been provided.
29 No contest shall be more than 12 15 rounds in length. The
30 rounds shall not be more than 3 minutes each with a one
31 minute interval between them, and no boxer shall be allowed
32 to participate in more than 12 15 rounds within 72
33 consecutive hours. At each boxing contest there shall be a
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1 referee in attendance who shall direct and control the
2 contest. The referee, before each contest, shall learn the
3 name of the contestant's chief second and shall hold the
4 chief second responsible for the conduct of his assistant
5 during the progress of the match.
6 There shall be 2 judges in attendance who shall render a
7 decision at the end of each match. The decision of the
8 judges, taken together with the decision of the referee, is
9 final; or, 3 judges shall score the match with the referee
10 not scoring. The method of scoring shall be set forth in
11 rules is to be determined by the Secretary of the Board or
12 the Supervisor of the Board.
13 During each boxing contest each contestant shall wear
14 gloves weighing not less than 6 ounces.
15 Judges, or referees, or timekeepers for contests shall be
16 assigned by the Department Director or his designee. The
17 referee, the Director, the board or any inspector appointed
18 by the Department or its representative shall have discretion
19 to declare a price, remuneration, or purse or any part of it
20 belonging to the contestant withheld if in the their judgment
21 of the Department or its representative the contestant is not
22 honestly competing. The Department shall have the authority
23 to prevent a contest or exhibition from being held and shall
24 have the authority to stop a fight for noncompliance with any
25 part of this Act or rules or when, in the judgment of the
26 Department, or its representative, continuation of the event
27 would endanger the health, safety, and welfare of the
28 contestants or spectators.
29 (Source: P.A. 85-225.)
30 (225 ILCS 105/13) (from Ch. 111, par. 5013)
31 Sec. 13. Tickets; tax. Tickets to athletic events,
32 other than an athletic event conducted at premises with an
33 indoor seating capacity of more than 17,000, shall be printed
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1 in such form as the Department shall prescribe. A certified
2 sworn inventory of all tickets printed for any event shall be
3 mailed to the Department by the promoter printer not less
4 than 7 days before the event, and a sworn inventory of all
5 tickets printed for any event shall be sent to the Department
6 by the promoter within 24 hours after receipt of delivery
7 from the printer. The total number of tickets printed shall
8 not exceed the total seating capacity of the premises in
9 which the event is to be held. No tickets of admission to any
10 event, other than an athletic event conducted at premises
11 with an indoor seating capacity of more than 17,000, shall be
12 sold except those declared on an official ticket inventory as
13 described in this Section.
14 A promoter who conducts an athletic event under this Act,
15 other than an athletic event conducted at premises with an
16 indoor seating capacity of more than 17,000, shall, within 24
17 hours after such event: (1) furnish to the Department a
18 written report verified by the promoter or his authorized
19 designee showing the number of tickets sold for the contest
20 or the actual ticket stubs and the amount of the gross
21 proceeds thereof; and (2) pay to the Department State
22 Treasurer a tax of 10% of the first $500,000 of gross
23 receipts from the sale of admission tickets, to be placed in
24 the General Revenue Fund. Also, every person, showing or
25 holding any boxing match or wrestling exhibition on a closed
26 circuit telecast viewed in this State, whether originating
27 within this State, or another state or country, where
28 admission is charged, shall register with the Department and
29 pay a $400 fee each year of registration. Registrant shall
30 be entitled to show unlimited closed circuit events during
31 the year the registration is valid. A $25 fee shall be paid
32 for each event at each location where the boxing contest or
33 wrestling exhibition is shown by a licensed Illinois
34 promoter. The Department shall prescribe rules for the
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1 implementation of this registration. These closed circuit TV
2 fees shall be paid to the Department of Professional
3 Regulation.
4 (Source: P.A. 90-580, eff. 5-21-98.)
5 (225 ILCS 105/14) (from Ch. 111, par. 5014)
6 Sec. 14. Failure to report ticket sales and tax. If the
7 permit holder fails to make a report as required by Section
8 13, or if such report is unsatisfactory, the Department State
9 Treasurer may examine or cause to be examined the books and
10 records of any such holder or his associates or any other
11 person as a witness under oath to determine the total amount
12 of tax due under this Act.
13 If it is determined that there has been a default in the
14 payment of a tax, the promoter shall be given 20 days notice
15 of the amount due which shall include the expenses incurred
16 in making the examination.
17 If the promoter does not pay the amount due he shall be
18 disqualified from obtaining a permit under this Act and the
19 Attorney General shall institute suit upon the bond filed
20 pursuant to this Act to recover the tax or penalties imposed
21 by this Act.
22 (Source: P.A. 82-522.)
23 (225 ILCS 105/15) (from Ch. 111, par. 5015)
24 Sec. 15. Inspectors. The Director may appoint inspectors
25 to assist the Department staff in the administration of the
26 Act. Such inspectors shall receive compensation $75 for each
27 day they are engaged in the transacting of business of the
28 Department. Each inspector shall carry a card issued by the
29 Department to authorize him to act in such capacity. The
30 inspector or inspectors shall supervise each event to ensure
31 that the provisions of the Act are strictly enforced. The
32 inspectors shall also be present at the counting of the gross
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1 receipts and shall immediately deliver to the Department the
2 official box office statement as required by Section 13.
3 (Source: P.A. 87-1182.)
4 (225 ILCS 105/16) (from Ch. 111, par. 5016)
5 Sec. 16. Discipline and sanctions.
6 (a) The Department may refuse to issue a permit,
7 registration, or license, refuse to renew, suspend, revoke,
8 reprimand, place on probation, or take such other
9 disciplinary action as the Department may deem proper,
10 including the imposition of fines not to exceed $5,000 $1,000
11 permit holder for any one or combination of the
13 following reasons:
14 (1) 1. gambling, betting or wagering on the result
15 of or a contingency connected with an athletic event or
16 permitting such activity to take place;
17 (2) 2. participating in or permitting a sham or
18 fake boxing contest match;
19 (3) 3. holding the athletic event at any other time
20 or place than is stated on the permit application;
21 (4) 4. permitting any contestant or referees other
22 than those stated on the permit application to
23 participate in an athletic event, except as provided in
24 Section 9;
25 (5) 5. violation or aiding in the violation of any
26 of the provisions of this Act or any rules or regulations
27 promulgated thereto;
28 (6) 6. violation of any federal, State or local
29 laws of the United States or other jurisdiction governing
30 athletic events or any regulation promulgated pursuant
31 thereto;
32 (7) 7. charging a greater rate or rates of
33 admission than is specified on the permit application;
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1 (8) 8. failure to obtain all the necessary permits,
2 registrations, or licenses as required under this Act;
3 (9) 9. failure to file the necessary bond or to pay
4 the gross receipts tax as required by this Act;
5 (10) 10. engaging in dishonorable, unethical or
6 unprofessional conduct of a character likely to deceive,
7 defraud or harm the public, or which is detrimental to
8 honestly conducted athletic events;
9 (11) 11. employment of fraud, deception or any
10 unlawful means in applying for or securing a permit,
11 license, or registration under this Act;
12 (12) 12. permitting a physician making the physical
13 examination to knowingly certify falsely to the physical
14 condition of a contestant;
15 (13) 13. permitting contestants of widely disparate
16 weights or abilities to engage in athletic events;
17 (14) 14. boxing while under medical suspension in
18 this State or in any other state, territory or country;
19 (15) 15. physical illness, including, but not
20 limited to, deterioration through the aging process, or
21 loss of motor skills which results in the inability to
22 participate in athletic events with reasonable judgment,
23 skill, or safety;
24 (16) 16. allowing one's license, permit, or
25 registration issued under this Act to be used by another
26 person;
27 (17) 17. failing, within a reasonable time, to
28 provide any information requested by the Department as a
29 result of a formal or informal complaint;
30 (18) 18. professional incompetence;
31 (19) 19. failure to file a return, or to pay the
32 tax, penalty or interest shown in a filed return, or to
33 pay any final assessment of tax, penalty or interest, as
34 required by any tax Act administered by the Illinois
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1 Department of Revenue, until such time as the
2 requirements of any such tax Act are satisfied; and
3 (20) 20. holding or promoting an ultimate fighting
4 exhibition, or participating in an ultimate fighting
5 exhibition as a promoter, contestant, second, referee,
6 judge, scorer, manager, trainer, announcer, or timekeeper
7 ;, after the effective date of the rules required to be
8 adopted under Section 7.5 of this Act.
9 (21) habitual or excessive use or addiction to
10 alcohol, narcotics, stimulants, or any other chemical
11 agent or drug that results in an inability to participate
12 in an event; or
13 (22) failure to stop a contest or exhibition when
14 requested to do so by the Department.
15 (b) The determination by a circuit court that a licensee
16 is subject to involuntary admission or judicial admission as
17 provided in the Mental Health and Developmental Disabilities
18 Code operates as an automatic suspension. The suspension will
19 end only upon a finding by a court that the licensee is no
20 longer subject to involuntary admission or judicial
21 admission, issuance of an order so finding and discharging
22 the licensee, and upon the recommendation of the Board to the
23 Director that the licensee be allowed to resume his or her
24 practice.
25 (c) In enforcing this Section, the Board, upon a showing
26 of a possible violation, may compel any individual licensed
27 or registered to practice under this Act, or who has applied
28 for licensure or registration pursuant to this Act, to submit
29 to a mental or physical examination, or both, as required by
30 and at the expense of the Department. The examining
31 physicians or clinical psychologists shall be those
32 specifically designated by the Board. The Board or the
33 Department may order the examining physician or clinical
34 psychologist to present testimony concerning this mental or
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1 physical examination of the licensee, registrant, or
2 applicant. No information shall be excluded by reason of any
3 common law or statutory privilege relating to communications
4 between the licensee, registrant, or applicant and the
5 examining physician or clinical psychologist. Eye
6 examinations may be provided by a licensed and certified
7 therapeutic optometrist. The individual to be examined may
8 have, at his or her own expense, another physician of his or
9 her choice present during all aspects of the examination.
10 Failure of any individual to submit to a mental or physical
11 examination, when directed, shall be grounds for suspension
12 of a license until such time as the individual submits to the
13 examination if the Board finds, after notice and hearing,
14 that the refusal to submit to the examination was without
15 reasonable cause.
16 (d) If the Board finds an individual unable to practice
17 because of the reasons set forth in this Section, the Board
18 shall require the individual to submit to care, counseling,
19 or treatment by physicians or clinical psychologists approved
20 or designated by the Board, as a condition, term, or
21 restriction for continued, reinstated, or renewed licensure
22 or registration, or in lieu of care, counseling, or
23 treatment, the Board may recommend to the Department to file
24 a complaint to immediately suspend, revoke, or otherwise
25 discipline the license or registration of the individual. Any
26 individual whose license or registration was granted pursuant
27 to this Act, or continued, reinstated, renewed, disciplined,
28 or supervised, subject to such conditions, terms, or
29 restrictions, who shall fail to comply with such conditions,
30 terms, or restrictions, shall be referred to the Director for
31 a determination as to whether the individual shall have his
32 or her license or registration suspended immediately, pending
33 a hearing by the Board.
34 (Source: P.A. 89-578, eff. 7-30-96.)
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1 (225 ILCS 105/17.7 new)
2 Sec. 17.7. Restoration of suspended or revoked license or
3 registration. At any time after the suspension or revocation
4 of a license, the Department may restore it to the licensee
5 or registrant upon the written recommendation of the Board,
6 unless after an investigation and a hearing the Board
7 determines that restoration is not in the public interest.
8 (225 ILCS 105/17.8 new)
9 Sec. 17.8. Surrender of license or registration. Upon
10 the revocation or suspension of a license or registration,
11 the licensee or registrant shall immediately surrender his or
12 her license or registration to the Department. If the
13 licensee or registrant fails to do so, the Department has the
14 right to seize the license or registration.
15 (225 ILCS 105/17.9 new)
16 Sec. 17.9. Summary suspension of a license or
17 registration. The Director may summarily suspend a license or
18 registration without a hearing if the Director finds that
19 evidence in the Director's possession indicates that the
20 continuation of practice would constitute an imminent danger
21 to the public or the individual involved. If the Director
22 summarily suspends the license or registration without a
23 hearing, a hearing must be commenced within 30 days after the
24 suspension has occurred and concluded as expeditiously as
25 practical.
26 (225 ILCS 105/17.10 new)
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
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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 (225 ILCS 105/17.11 new)
7 Sec. 17.11. Certifications of record; costs. The
8 Department shall not be required to certify any record to the
9 court, to file an answer in court, or to otherwise appear in
10 any court in a judicial review proceeding unless there is
11 filed in the court, with the complaint, a receipt from the
12 Department acknowledging payment of the costs of furnishing
13 and certifying the record, which costs shall be determined by
14 the Department. Failure on the part of the plaintiff to file
15 the receipt in court is grounds for dismissal of the action.
16 (225 ILCS 105/17.12 new)
17 Sec. 17.12. Consent order. At any point in the
18 proceedings, both parties may agree to a negotiated consent
19 order. The consent order shall be final upon signature of the
20 Director.
21 (225 ILCS 105/18) (from Ch. 111, par. 5018)
22 Sec. 18. Investigations; notice and hearing. The
23 Department may investigate the actions of any applicant or of
24 any person or persons promoting or participating in a contest
25 or exhibition or any person holding or claiming to hold a
26 license or registration. The Department shall, before
27 revoking, suspending, placing on probation, reprimanding, or
28 taking any other disciplinary action under this Act, at least
29 30 days before the date set for the hearing, (i) notify the
30 accused in writing of the charges made and the time and place
31 for the hearing on the charges, (ii) direct him or her to
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1 file a written answer to the charges with the Board under
2 oath within 20 days after the service on him or her of the
3 notice, and (iii) inform the accused that, if he or she fails
4 to answer, default will be taken against him or her or that
5 his or her license or registration may be suspended, revoked,
6 or placed on probationary status or that other disciplinary
7 action may be taken with regard to the license or
8 registration, including limiting the scope, nature, or extent
9 of his or her practice, as the Department may consider
10 proper. At the time and place fixed in the notice, the Board
11 shall proceed to hear the charges, and the parties or their
12 counsel shall be accorded ample opportunity to present any
13 pertinent statements, testimony, evidence, and arguments. The
14 Board may continue the hearing from time to time. In case the
15 person, after receiving the notice, fails to file an answer,
16 his or her license or registration may, in the discretion of
17 the Department, be suspended, revoked, or placed on
18 probationary status or the Department may take whatever
19 disciplinary action considered proper, including limiting the
20 scope, nature, or extent of the person's practice or the
21 imposition of a fine, without a hearing, if the act or acts
22 charged constitute sufficient grounds for that action under
23 this Act. The written notice may be served by personal
24 delivery or by certified mail to the address specified by the
25 accused in his or her last notification with the Department.
26 If the Department refuses to grant a license or a permit to
27 an applicant, the applicant, at his option, shall be entitled
28 to a hearing before the Board.
29 (Source: P.A. 82-522.)
30 (225 ILCS 105/19) (from Ch. 111, par. 5019)
31 Sec. 19. Findings and recommendations. At the conclusion
32 of the hearing, the Board shall present to the Director a
33 written report of its findings, conclusions of law, and
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1 recommendations. The report shall contain a finding of
2 whether the accused person violated this Act or its rules or
3 failed to comply with the conditions required in this Act or
4 its rules. The Board shall specify the nature of any
5 violations or failure to comply and shall make its
6 recommendations to the Director. In making recommendations
7 for any disciplinary actions, the Board may take into
8 consideration all facts and circumstances bearing upon the
9 reasonableness of the conduct of the accused and the
10 potential for future harm to the public including, but not
11 limited to, previous discipline of the accused by the
12 Department, intent, degree of harm to the public and
13 likelihood of harm in the future, any restitution made by the
14 accused, and whether the incident or incidents contained in
15 the complaint appear to be isolated or represent a continuing
16 pattern of conduct. In making its recommendations for
17 discipline, the Board shall endeavor to ensure that the
18 severity of the discipline recommended is reasonably related
19 to the severity of the violation.
20 The report of findings of fact, conclusions of law, and
21 recommendation of the Board shall be the basis for the
22 Department's order refusing to issue, restore, or renew a
23 license or registration, or otherwise disciplining a licensee
24 or registrant. If the Director disagrees with the
25 recommendations of the Board, the Director may issue an order
26 in contravention of the Board recommendations. The Director
27 shall provide a written report to the Board on any
28 disagreement and shall specify the reasons for the action in
29 the final order. The finding is not admissible in evidence
30 against the person in a criminal prosecution brought for a
31 violation of this Act, but the hearing and finding are not a
32 bar to a criminal prosecution brought for a violation of this
33 Act. At the conclusion of the hearing the board shall present
34 to the Director a written report of its finding and
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1 recommendation. The report shall contain a finding whether
2 or not the accused person violated this Act or failed to
3 comply with the conditions required in this Act. The Board
4 shall specify the nature of the violation or failure to
5 comply, and shall make its recommendations to the Director. A
6 copy of such report shall be served upon the accused, either
7 personally or by registered or certified mail. Within 20
8 days after such service, the accused may present to the
9 Department his or her motion in writing for a rehearing,
10 specifying the particular ground for rehearing. If the
11 accused orders and pays for a transcript of the record, the
12 time elapsing thereafter and before such transcript is ready
13 for delivery to him or her shall not be counted as part of
14 such 20 days.
15 The report of findings and recommendation of the board
16 shall be the basis for the Department's order of refusal or
17 for the granting of a license or permit. The finding is not
18 admissible in evidence against the person in a criminal
19 prosecution brought for the violation of this Act, but the
20 hearing and finding are not a bar to a criminal prosecution
21 brought for the violation of this Act.
22 (Source: P.A. 86-615.)
23 (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
24 Sec. 19.1. Appointment of a hearing officer. The
25 Director has the authority to appoint any attorney duly
26 licensed to practice law in the State of Illinois to serve as
27 the hearing officer in any action for refusal to issue,
28 restore, or renew a license or certificate of registration or
29 discipline of a licensee or registrant certificate holder.
30 The hearing officer has full authority to conduct the
31 hearing. The hearing officer shall report his findings of
32 fact, conclusions of law, and recommendations to the Board
33 and the Director. The Board shall have has 60 days from
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1 receipt of the report to review the report of the hearing
2 officer and present its findings of fact, conclusions of law
3 and recommendations to the Director. If the Board fails to
4 present its report within the 60 day period, the Director may
5 shall issue an order based on the report of the hearing
6 officer. If the Director determines that the Board's report
7 is contrary to the manifest weight of the evidence, he may
8 issue an order in contravention of the recommendation Board's
9 report. The Director shall promptly provide a written report
10 of the Board on any deviation and shall specify the reasons
11 for the action in the final order.
12 (Source: P.A. 86-615.)
13 (225 ILCS 105/19.2 new)
14 Sec. 19.2. Subpoenas; depositions; oaths. The Department
15 has the power to subpoena and to bring before it any person
16 and to take testimony either orally or by deposition, or
17 both, with the same fees and mileage and in the same manner
18 as prescribed in civil cases in the courts of this State.
19 The Director, the designated hearing officer, and every
20 member of the Board has the power to administer oaths to
21 witnesses at any hearing that the Department is authorized to
22 conduct and any other oaths authorized in any Act
23 administered by the Department.
24 (225 ILCS 105/19.3 new)
25 Sec. 19.3. Compelling testimony. Any circuit court, upon
26 application of the Department, designated hearing officer, or
27 the applicant, licensee, or registrant against whom
28 proceedings under this Act are pending, may enter an order
29 requiring the attendance of witnesses and their testimony and
30 the production of documents, papers, files, books, and
31 records in connection with any hearing or investigation. The
32 court may compel obedience to its order by proceedings for
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1 contempt.
2 (225 ILCS 105/19.4 new)
3 Sec. 19.4. Director; rehearing. Whenever the Director
4 believes that justice has not been done in the revocation,
5 suspension, refusal to issue, restore, or renew a license or
6 registration, or other discipline of an applicant, licensee,
7 or registrant, he or she may order a rehearing by the same or
8 other examiners.
9 (225 ILCS 105/19.5 new)
10 Sec. 19.5. Order or certified copy; prima facie proof. An
11 order or certified copy thereof, over the seal of the
12 Department and purporting to be signed by the Director, is
13 prima facie proof that:
14 (1) the signature is the genuine signature of the
15 Director;
16 (2) the Director is duly appointed and qualified;
17 and
18 (3) the Board and its members are qualified to act.
19 (225 ILCS 105/21) (from Ch. 111, par. 5021)
20 Sec. 21. Injunctive action; cease and desist order.
21 (a) If a person violates the provisions of this Act, the
22 Director, in the name of the People of the State of Illinois,
23 through the Attorney General or the State's Attorney of the
24 county in which the violation is alleged to have occurred,
25 may petition for an order enjoining the violation or for an
26 order enforcing compliance with this Act. Upon the filing of
27 a verified petition, the court with appropriate jurisdiction
28 may issue a temporary restraining order, without notice or
29 bond, and may preliminarily and permanently enjoin the
30 violation. If it is established that the person has violated
31 or is violating the injunction, the court may punish the
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1 offender for contempt of court. Proceedings under this
2 Section are in addition to, and not in lieu of, all other
3 remedies and penalties provided by this Act.
4 (b) Whenever, in the opinion of the Department, a person
5 violates any provision of this Act, the Department may issue
6 a rule to show cause why an order to cease and desist should
7 not be entered against that person. The rule shall clearly
8 set forth the grounds relied upon by the Department and shall
9 allow at least 7 days from the date of the rule to file an
10 answer satisfactory to the Department. Failure to answer to
11 the satisfaction of the Department shall cause an order to
12 cease and desist to be issued. Engaging in athletic events by
13 any licensed or unlicensed person in violation of this Act is
14 declared to be inimical to the public welfare and to be a
15 public nuisance. The Department may conduct hearings and
16 issue cease and desist orders with respect to persons engaged
17 in activities prohibited by this Act. Any person in
18 violation of a cease and desist order entered by the
19 Department shall be subject to a civil penalty payable to the
20 party injured by the violation in an amount up to $10,000.
21 Also, an action to enjoin any person from such unlawful
22 activity may be maintained in the name of the People of the
23 State of Illinois by the Attorney General, by the State's
24 Attorney of the county in which the action is brought, by the
25 Department or by any resident citizen. This remedy shall be
26 in addition to other remedies provided for violation of this
27 Act.
28 (Source: P.A. 82-522.)
29 (225 ILCS 105/23) (from Ch. 111, par. 5023)
30 Sec. 23. Fees. The fees for the administration and
31 enforcement of this Act including, but not limited to,
32 original licensure or registration, renewal, and restoration
33 shall be set by rule. The following fees shall are not be
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1 refundable.:
2 1. The fee for a permit to hold an athletic event shall
3 be $25.
4 2. The fee for a license as a boxing promoter shall be
5 $300 and the fee for renewal shall be calculated at the rate
6 of $150 per year.
7 3. The fee for a license as a boxing promoter shall be
8 $300 and the fee for renewal shall be calculated at the rate
9 of $150 per year.
10 4. The fee for a license as boxing contestant shall be
11 $20 and the fee for renewal shall be calculated at the rate
12 of $10 per year.
13 5. The fee for a license as a referee shall be $100 and
14 the fee for renewal shall be calculated at the rate of $50
15 per year.
16 6. The fee for a license as a judge shall be $10 and the
17 fee for renewal shall be calculated at the rate of $5 per
18 year.
19 7. The fee for a license as a manager shall be $50 and
20 the fee for renewal shall be calculated at the rate of $25
21 per year.
22 8. The fee for a license as a trainer (second) shall be
23 $10, and the fee for renewal shall be calculated at the rate
24 of $5 per year.
25 9. The fee for a license as a timekeeper shall be $50
26 and the fee for renewal shall be calculated at the rate of
27 $25 per year.
28 10. The fee for a registration of a wrestling promoter
29 shall be $300 and the fee for renewal shall be calculated at
30 the rate of $150 per year.
31 (Source: P.A. 82-522; revised 10-28-98.)
32 (225 ILCS 105/25.1 new)
33 Sec. 25.1. Medical Suspension. A licensee who is
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1 determined by the examining physician to be unfit to compete
2 or officiate shall be immediately suspended until it is shown
3 that he or she is fit for further competition or officiating.
4 If the licensee disagrees with a medical suspension set at
5 the discretion of the ringside physician, he or she may
6 request a hearing to show proof of fitness. The hearing shall
7 be provided at the earliest opportunity after the Department
8 receives a written request from the licensee.
9 If the referee has rendered a decision of technical
10 knockout against a boxing contestant or if the contestant is
11 knocked out other than by a blow to the head, the boxing
12 contestant shall be immediately suspended for a period of not
13 less than 30 days.
14 If the boxing contestant has been knocked out by a blow
15 to the head, he or she shall be suspended immediately for a
16 period of not less than 45 days.
17 Prior to reinstatement, any boxing contestant suspended
18 for his or her medical protection shall satisfactorily pass a
19 medical examination upon the direction of the Department. The
20 examining physician may require any necessary medical
21 procedures during the examination.
22 (225 ILCS 105/3 rep.)
23 (225 ILCS 105/4 rep.)
24 (225 ILCS 105/9 rep.)
25 Section 10. The Professional Boxing and Wrestling Act is
26 amended by repealing Sections 3, 4, and 9.
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