HB1490 EnrolledLRB097 09990 CEL 50160 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.22 and by adding Section 4.32 as follows:
 
6    (5 ILCS 80/4.22)
7    Sec. 4.22. Acts repealed on January 1, 2012. The following
8Acts are repealed on January 1, 2012:
9    The Detection of Deception Examiners Act.
10    The Home Inspector License Act.
11    The Interior Design Title Act.
12    The Massage Licensing Act.
13    The Petroleum Equipment Contractors Licensing Act.
14    The Professional Boxing Act.
15    The Real Estate Appraiser Licensing Act of 2002.
16    The Water Well and Pump Installation Contractor's License
17Act.
18(Source: P.A. 95-331, eff. 8-21-07.)
 
19    (5 ILCS 80/4.32 new)
20    Sec. 4.32. Acts repealed on January 1, 2022. The following
21Act is repealed on January 1, 2022:
22    The Boxing and Full-contact Martial Arts Act.
 

 

 

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1    Section 7. The State Finance Act is amended by adding
2Section 5.786 as follows:
 
3    (30 ILCS 105/5.786 new)
4    Sec. 5.786. The Athletics Supervision and Regulation Fund.
 
5    Section 10. The Professional Boxing Act is amended by
6changing the title of the Act and Sections 0.05, 1, 2, 6, 7, 8,
710, 10.5, 11, 12, 13, 15, 16, 17.7, 17.9, 17.10, 18, 19, 19.1,
819.2, 19.5, 20, and 25.1 and by adding Sections 10.1, 11.5, and
924.5 as follows:
 
10    (225 ILCS 105/Act title)
11An Act in relation to professional boxing and full-contact
12martial arts.
 
13    (225 ILCS 105/0.05)
14    (Section scheduled to be repealed on January 1, 2012)
15    Sec. 0.05. Declaration of public policy. Professional
16boxing and full-contact martial arts contests in the State of
17Illinois, and amateur boxing and full-contact martial arts
18contests events, are hereby declared to affect the public
19health, safety, and welfare and to be subject to regulation and
20control in the public interest. It is further declared to be a
21matter of public interest and concern that these contests and

 

 

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1events, as defined in this Act, merit and receive the
2confidence of the public and that only qualified persons be
3authorized to participate in these contests and events in the
4State of Illinois. This Act shall be liberally construed to
5best carry out these objects and purposes.
6(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
7    (225 ILCS 105/1)  (from Ch. 111, par. 5001)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 1. Short title and definitions.
10    (a) This Act may be cited as the Boxing and Full-contact
11Martial Arts Act Professional Boxing Act.
12    (b) As used in this Act:
13        1. "Department" means the Department of Financial and
14    Professional Regulation.
15        2. "Secretary" means the Secretary of Financial and
16    Professional Regulation.
17        3. "Board" means the State of Illinois Athletic
18    Professional Boxing Board established pursuant to this Act
19    appointed by the Secretary.
20        4. "License" means the license issued for promoters,
21    professionals contestants, or officials in accordance with
22    this Act.
23        5. (Blank).
24        "Professional contest" 6. "Contest" means a
25    professional boxing or professional full-contact martial

 

 

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1    arts competition in which all of the participants competing
2    against one another are professionals and where the public
3    is able to attend or a fee is charged match or exhibition.
4        7. (Blank).
5        8. (Blank).
6        9. "Permit" means the authorization from the
7    Department to a promoter to conduct professional or amateur
8    contests, or a combination of both contests.
9        10. "Promoter" means a person who is licensed and who
10    holds a permit to conduct professional or amateur contests,
11    or a combination of both.
12        11. Unless the context indicates otherwise, "person"
13    includes, but is not limited to, an individual,
14    association, organization, business entity, gymnasium, or
15    club.
16        12. (Blank).
17        13. (Blank).
18        14. (Blank).
19        15. "Judge" means a person licensed by the Department
20    who is located at ringside or adjacent to the fighting area
21    during a professional contest and who has the
22    responsibility of scoring the performance of the
23    participants in that professional the contest.
24        16. "Referee" means a person licensed by the Department
25    who has the general supervision of a contest and is present
26    inside of the ring or fighting area during a professional

 

 

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1    the contest.
2        17. "Amateur" means a person registered by the
3    Department who is not competing for, and has never received
4    or competed for, any purse or other article of value,
5    directly or indirectly, either for participating in any
6    contest or for the expenses of training therefor, other
7    than a non-monetary prize that does not exceed $50 in
8    value.
9        "Professional" 18. "Contestant" means a person
10    licensed by the Department who competes for a money prize,
11    purse, or other type of compensation in a professional
12    contest held in Illinois.
13        19. "Second" means a person licensed by the Department
14    who is present at any professional contest to provide
15    assistance or advice to a professional contestant during
16    the contest.
17        20. "Matchmaker" means a person licensed by the
18    Department who brings together professionals to compete in
19    contestants or procures contests for contestants.
20        21. "Manager" means a person licensed by the Department
21    who is not a promoter and who, under contract, agreement,
22    or other arrangement with any contestant, undertakes to,
23    directly or indirectly, control or administer the affairs
24    of professionals contestants.
25        22. "Timekeeper" means a person licensed by the
26    Department who is the official timer of the length of

 

 

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1    rounds and the intervals between the rounds.
2        23. "Purse" means the financial guarantee or any other
3    remuneration for which contestants are participating in a
4    professional contest.
5        24. "Physician" means a person licensed to practice
6    medicine in all its branches under the Medical Practice Act
7    of 1987.
8        25. "Martial arts" means a discipline or combination of
9    different disciplines that utilizes sparring techniques
10    without the intent to injure, disable, or incapacitate
11    one's opponent, such as, but not limited to, Karate, Kung
12    Fu, Judo, and Tae Kwon Do.
13        26. "Full-contact martial arts" means the use of a
14    singular discipline or a combination of techniques from
15    different disciplines of the martial arts, including,
16    without limitation, full-force grappling, kicking, and
17    striking with the intent to injure, disable, or
18    incapacitate one's opponent.
19        27. "Amateur contest full-contact martial arts event"
20    means a boxing or full-contact martial arts competition in
21    match or exhibition which all of the participants competing
22    against one another are amateurs and where the public is
23    able to attend or a fee is charged.
24        "Contestant" means a person who competes in either a
25    boxing or full-contact martial arts contest.
26        "Address of record" means the designated address

 

 

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1    recorded by the Department in the applicant's or licensee's
2    application file, license file, or registration file as
3    maintained by the Department's licensure maintenance unit.
4    It is the duty of the applicant or licensee to inform the
5    Department of any change of address and those changes must
6    be made either through the Department's website or by
7    contacting the Department.
8        "Bout" means one match between 2 contestants.
9        "Sanctioning body" means an organization approved by
10    the Department under the requirements and standards stated
11    in this Act and the rules adopted under this Act to act as
12    a governing body that sanctions professional or amateur
13    contests.
14(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
15    (225 ILCS 105/2)  (from Ch. 111, par. 5002)
16    (Section scheduled to be repealed on January 1, 2012)
17    Sec. 2. State of Illinois Athletic Professional Boxing
18Board. There is created the State of Illinois Athletic
19Professional Boxing Board consisting of 6 persons who shall be
20appointed by and shall serve in an advisory capacity to the
21Secretary, and the State Professional Boxing Board shall be
22disbanded Director. One member of the Board shall be a
23physician licensed to practice medicine in all of its branches.
24One member of the Board shall be a member of the martial arts
25community and one member of the Board shall be a member of

 

 

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1either the martial arts community or the boxing community. The
2Secretary Director shall appoint each member to serve for a
3term of 3 years and until his or her successor is appointed and
4qualified. One member of the board shall be designated as the
5Chairperson and one member shall be designated as the
6Vice-chairperson. No member shall be appointed to the Board for
7a term which would cause continuous service to be more than 9
8years. Service prior to January 1, 2000 shall not be considered
9in calculating length of service on the Board. Each member of
10the board shall receive compensation for each day he or she is
11engaged in transacting the business of the board and, in
12addition, shall be reimbursed for his or her authorized and
13approved expenses necessarily incurred in relation to such
14service in accordance with the travel regulations applicable to
15the Department at the time the expenses are incurred.
16    Four members A majority of the current members appointed
17shall constitute a quorum.
18    The members of the Board shall be immune from suit in any
19action based upon any disciplinary proceedings or other acts
20performed in good faith as members of the Board.
21    The Secretary Director may remove any member of the Board
22for misconduct, incapacity, or neglect of duty. The Secretary
23Director shall reduce to writing any causes for removal.
24(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
25    (225 ILCS 105/6)  (from Ch. 111, par. 5006)

 

 

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1    (Section scheduled to be repealed on January 1, 2012)
2    Sec. 6. Restricted contests and events.
3    (a) All professional and amateur contests, or a combination
4of both, in which physical contact is made are prohibited in
5Illinois unless authorized by the Department pursuant to the
6requirements and standards stated in this Act and the rules
7adopted pursuant to this Act. This subsection (a) does not
8apply to any of the following:
9        (1) Amateur boxing or full-contact martial arts
10    contests conducted by accredited secondary schools,
11    colleges, or universities, although a fee may be charged.
12        (2) Amateur boxing contests that are sanctioned by USA
13    Boxing or any other sanctioning organization approved by
14    the Association of Boxing Commissions.
15        (3) Amateur boxing or full-contact martial arts
16    contests conducted by a State, county, or municipal entity.
17        (4) Amateur martial arts contests that are not defined
18    as full-contact martial arts contests under this Act.
19        (5) Full-contact martial arts contests, as defined by
20    this Act, that are recognized by the International Olympic
21    Committee or are contested in the Olympic Games and are not
22    conducted in an enclosed fighting area or ring.
23    No other amateur boxing or full-contact martial arts
24contests shall be permitted unless authorized by the
25Department.
26    (b) The Department shall have the authority to determine

 

 

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1whether a professional or amateur contest is exempt for
2purposes of this Section. Department authorization is not
3required for amateur full-contact martial arts events
4conducted in a manner that provides substantially similar
5protections for the health, safety, and welfare of the
6participants and the public as are required for professional
7events by this Act and the rules adopted by the Department
8under this Act. Those protections shall include, at a minimum,
9onsite medical staff and equipment, trained officials,
10adequate insurance coverage, weight classes, use of
11appropriate safety equipment by participants, adequate and
12safe competition surfaces, and standards regarding striking
13techniques and fouls. Anyone conducting an amateur
14full-contact martial arts event shall notify the Department in
15writing of the date, time, and location of that event at least
1620 days prior to the event. Failure to comply with the
17requirements of this Section shall render the event prohibited
18and unauthorized by the Department, and persons involved in the
19event are subject to the procedures and penalties set forth in
20Section 10.5.
21(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
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 professional contest or,
25beginning 6 months after the adoption of rules pertaining to an

 

 

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1amateur contest, an amateur contest, or a combination of both,
2in this State, a promoter shall obtain a permit issued by the
3Department in accordance with this Act and the rules and
4regulations adopted pursuant thereto. This permit shall
5authorize one or more professional or amateur contests, or a
6combination of both. Amateur full-contact martial arts
7contests must be registered and sanctioned by a sanctioning
8body approved by the Department for that purpose under the
9requirements and standards stated in this Act and the rules
10adopted under this Act. A permit issued under this Act is not
11transferable.
12(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
13    (225 ILCS 105/8)  (from Ch. 111, par. 5008)
14    (Section scheduled to be repealed on January 1, 2012)
15    Sec. 8. Permits.
16    (a) A promoter who desires to obtain a permit to conduct a
17professional or amateur contest, or a combination of both,
18shall apply to the Department at least 20 days prior to the
19event, in writing, on forms furnished by the Department. The
20application shall be accompanied by the required fee and shall
21contain, but not be limited to, at least the following
22information to be submitted at times specified by rule:
23        (1) the legal names and addresses of the promoter;
24        (2) the name of the matchmaker;
25        (3) the time and exact location of the professional or

 

 

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1    amateur contest, or a combination of both. It is the
2    responsibility of the promoter to ensure that the building
3    to be used for the event complies with all laws,
4    ordinances, and regulations in the city, town, village, or
5    county where the contest is to be held;
6        (4) the seating capacity of the building where the
7    event is to be held;
8        (5) a copy of the lease or proof of ownership of the
9    building where the event is to be held;
10        (6) the admission charge or charges to be made; and
11        (4) (7) proof of adequate security measures and
12    adequate medical supervision, as determined by Department
13    rule, to ensure the protection of the health and safety of
14    contestants and the general public while attending
15    professional or amateur contests, or a combination of both;
16    and the contestants' safety while participating in the
17    events and any other information that the Department may
18    determine by rule in order to issue a permit.
19    (b) After the initial application and within 10 days prior
20to a scheduled event, a promoter shall submit to the Department
21all of the following information:
22        (1) The amount of compensation to be paid to each
23    participant.
24        (5) proof of adequate medical supervision, as
25    determined by Department rule, to ensure the protection of
26    the health and safety of professionals' or amateurs' while

 

 

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1    participating in the contest;
2        (6) the (2) The names of the professionals or amateurs
3    competing subject to Department approval; contestants.
4        (7) proof (3) Proof of insurance for not less than
5    $50,000 as further defined by rule for each professional or
6    amateur contestant participating in a professional or
7    amateur contest, or a combination of both; insurance .
8    Insurance required under this paragraph (6) subsection
9    shall cover (i) hospital, medication, physician, and other
10    such expenses as would accrue in the treatment of an injury
11    as a result of the professional or amateur contest; and
12    (ii) payment to the estate of the professional or amateur
13    contestant in the event of his or her death as a result of
14    his or her participation in the professional or amateur
15    contest; and (iii) accidental death and dismemberment; the
16    terms of the insurance coverage must not require the
17    contestant to pay a deductible. The promoter may not carry
18    an insurance policy with a deductible in an amount greater
19    than $500 for the medical, surgical, or hospital care for
20    injuries a contestant sustains while engaged in a contest,
21    and if a licensed or registered contestant pays for the
22    medical, surgical, or hospital care, the insurance
23    proceeds must be paid to the contestant or his or her
24    beneficiaries as reimbursement for such payment; .
25    (c) All promoters shall provide to the Department, at least
2624 hours prior to commencement of the event, the

 

 

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1        (8) the amount of the purses purse to be paid to the
2    professionals for the event; the . The Department shall
3    adopt promulgate rules for payment of the purses; purse.
4        (9) organizational or internationally accepted rules,
5    per discipline, for professional or amateur full-contact
6    martial arts contests where the Department does not provide
7    the rules;
8        (10) proof of contract indicating the requisite
9    registration and sanctioning by a Department approved
10    sanctioning body for any full-contact martial arts contest
11    with scheduled amateur bouts; and
12        (11) any other information that the Department may
13    require to determine whether a permit shall be issued.
14    (d) The contest shall be held in an area where adequate
15neurosurgical facilities are immediately available for skilled
16emergency treatment of an injured contestant. It is the
17responsibility of the promoter to ensure that the building to
18be used for the event complies with all laws, ordinances, and
19regulations in the city, town, or village where the contest is
20to be held.
21    (b) The Department may issue a permit to any promoter who
22meets the requirements of this Act and the rules. The permit
23shall only be issued for a specific date and location of a
24professional or amateur contest, or a combination of both, and
25shall not be transferable. The In an emergency, the Department
26may allow a promoter to amend a permit application to hold a

 

 

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1professional or amateur contest, or a combination of both, in a
2different location other than the application specifies and may
3allow the promoter to substitute professionals or amateurs,
4respectively contestants.
5    (c) (e) The Department shall be responsible for assigning
6the judges, timekeepers, referees, and physicians, and medical
7personnel for a professional contest. Compensation shall be
8determined by the Department, and it It shall be the
9responsibility of the promoter to pay cover the cost of the
10individuals utilized at a contest.
11(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
12    (225 ILCS 105/10)  (from Ch. 111, par. 5010)
13    (Section scheduled to be repealed on January 1, 2012)
14    Sec. 10. Who must be licensed. In order to participate in
15professional contests the following persons must each be
16licensed and in good standing with the Department: (a)
17professionals, promoters, (b) contestants, (c) seconds, (c)
18(d) referees, (d) (e) judges, (e) (f) managers, (f) (g)
19matchmakers, and (g) (h) timekeepers.
20    In order to participate in professional or amateur contests
21or a combination of both, promoters must be licensed and in
22good standing with the Department.
23    Announcers may participate in professional or amateur
24contests, or a combination of both, without being licensed
25under this Act. It shall be the responsibility of the promoter

 

 

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1to ensure that announcers comply with the Act, and all rules
2and regulations promulgated pursuant to this Act.
3    A licensed promoter may not act as, and cannot be licensed
4as, a second, professional contestant, referee, timekeeper,
5judge, or manager. If he or she is so licensed, he or she must
6relinquish any of these licenses to the Department for
7cancellation. A person possessing a valid promoter's license
8may act as a matchmaker.
9(Source: P.A. 95-593, eff. 6-1-08.)
 
10    (225 ILCS 105/10.1 new)
11    Sec. 10.1. Registration of amateurs. Beginning 6 months
12after the adoption of rules providing for the registration of
13amateurs under this Act, it shall be unlawful for any person to
14compete as an amateur unless he or she is registered and in
15good standing with the Department or is otherwise exempt from
16registration under this Act. A person who is required to
17register shall apply to the Department, in writing, on forms
18provided by the Department.
 
19    (225 ILCS 105/10.5)
20    (Section scheduled to be repealed on January 1, 2012)
21    Sec. 10.5. Unlicensed practice; violation; civil penalty.
22    (a) Any person who practices, offers to practice, attempts
23to practice, or holds oneself out to practice as a promoter,
24professional contestant, second, referee, judge, manager,

 

 

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1matchmaker, or timekeeper without being licensed under this Act
2shall, in addition to any other penalty provided by law, pay a
3civil penalty to the Department in an amount not to exceed
4$10,000 $5,000 for each offense as determined by the
5Department. The civil penalty shall be assessed by the
6Department after a hearing is held in accordance with the
7provisions set forth in this Act regarding the provision of a
8hearing for the discipline of a licensee.
9    (b) The Department has the authority and power to
10investigate any and all unlicensed activity.
11    (c) The civil penalty shall be paid within 60 days after
12the effective date of the order imposing the civil penalty. The
13order shall constitute a judgment and may be filed and
14execution had thereon in the same manner as any judgment from
15any court of record.
16(Source: P.A. 95-593, eff. 6-1-08.)
 
17    (225 ILCS 105/11)  (from Ch. 111, par. 5011)
18    (Section scheduled to be repealed on January 1, 2012)
19    Sec. 11. Qualifications for license. The Department shall
20grant licenses to the following persons if the following
21qualifications are met:
22        (1) (A) An applicant for licensure as a professional
23    contestant in a contest must: (1) be 18 years old, (2) be
24    of good moral character, (3) file an application stating
25    the applicant's legal correct name (and no assumed or ring

 

 

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1    name may be used unless such name is registered with the
2    Department along with the applicant's legal correct name),
3    date and place of birth, place of current residence, and a
4    sworn statement that he is not currently in violation of
5    any federal, State or local laws or rules governing boxing
6    or full-contact martial arts, (4) file a certificate from
7    of a physician licensed to practice medicine in all of its
8    branches which attests that the applicant is physically fit
9    and qualified to participate in professional contests, and
10    (5) pay the required fee and meet any other requirements.
11    Applicants over age 35 who have not competed in a
12    professional or amateur contest within the last 36 months
13    may be required to appear before the Department Board to
14    determine their fitness to participate in a professional
15    contest. A picture identification card shall be issued to
16    all professionals contestants licensed by the Department
17    who are residents of Illinois or who are residents of any
18    jurisdiction, state, or country that does not regulate
19    professional boxing or full-contact martial arts. The
20    identification card shall be presented to the Department or
21    its representative upon request at weigh-ins.
22        (2) (B) An applicant for licensure as a referee, judge,
23    manager, second, matchmaker, or timekeeper must: (1) be of
24    good moral character, (2) file an application stating the
25    applicant's name, date and place of birth, and place of
26    current residence along with a certifying statement that he

 

 

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1    is not currently in violation of any federal, State, or
2    local laws or rules governing boxing, or full-contact
3    martial arts, (3) have had satisfactory experience in his
4    field, (4) pay the required fee, and (5) meet any other
5    requirements as determined by rule.
6        (3) (C) An applicant for licensure as a promoter must:
7    (1) be of good moral character, (2) file an application
8    with the Department stating the applicant's name, date and
9    place of birth, place of current residence along with a
10    certifying statement that he is not currently in violation
11    of any federal, State, or local laws or rules governing
12    boxing or full-contact martial arts, (3) pay the required
13    fee and meet any other requirements as established by rule
14    provide proof of a surety bond of no less than $5,000 to
15    cover financial obligations pursuant to this Act, payable
16    to the Department and conditioned for the payment of the
17    tax imposed by this Act and compliance with this Act and
18    the rules promulgated pursuant to this Act, and (4) in
19    addition to the foregoing, an applicant for licensure as a
20    promoter of professional contests or a combination of both
21    professional and amateur bouts in one contest shall also
22    provide (i) proof of a surety bond of no less than $5,000
23    to cover financial obligations under this Act, payable to
24    the Department and conditioned for the payment of the tax
25    imposed by this Act and compliance with this Act, and the
26    rules adopted under this Act, and (ii) provide a financial

 

 

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1    statement, prepared by a certified public accountant,
2    showing liquid working capital of $10,000 or more, or a
3    $10,000 performance bond guaranteeing payment of all
4    obligations relating to the promotional activities, and
5    (5) pay the required fee and meet any other requirements.
6        (4) All applicants shall submit an application to the
7    Department, in writing, on forms provided by the
8    Department, containing such information as determined by
9    rule.
10    In determining good moral character, the Department may
11take into consideration any violation of any of the provisions
12of Section 16 of this Act as to referees, judges, managers,
13matchmakers, timekeepers, or promoters and any felony
14conviction of the applicant, but such a conviction shall not
15operate as a bar to licensure. No license issued under this Act
16is transferable.
17    The Department may issue temporary licenses as provided by
18rule.
19(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
20    (225 ILCS 105/11.5 new)
21    Sec. 11.5. Qualifications for registration. An applicant
22for registration as an amateur competing in an amateur full
23contact martial arts contest must (1) be 18 years old; (2) be
24of good moral character; (3) file an application stating the
25applicant's legal name, date and place of birth, and place of

 

 

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1current residence and a sworn statement that he or she is not
2currently in violation of any federal, State, or local laws or
3rules governing full-contact martial arts; (4) file a
4certificate from a physician which attests that the applicant
5is physically fit and qualified to participate in contests; and
6(5) meet any other requirements as established by rule.
7    In determining good moral character, the Department may
8take into consideration any violation of any of the provisions
9of Section 16 of this Act. No registration issued under this
10Act is transferable.
11    This Section does not apply to amateur participants under
12the age of 18 and younger. Participants under the age of 18 and
13younger shall meet all other requirements for amateurs in this
14Act and as established by rule.
 
15    (225 ILCS 105/12)  (from Ch. 111, par. 5012)
16    (Section scheduled to be repealed on January 1, 2012)
17    Sec. 12. Professional or amateur contests Contests.
18    (a) The professional or amateur contest, or a combination
19of both, shall be held in an area where adequate neurosurgical
20facilities are immediately available for skilled emergency
21treatment of an injured professional or amateur.
22    (b) Each professional or amateur contestant shall be
23examined before entering the contest ring and promptly
24immediately after each bout contest by a physician licensed to
25practice medicine in all of its branches. The physician shall

 

 

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1determine, prior to the contest, if each professional or
2amateur contestant is physically fit to compete engage in the
3contest. After the bout contest the physician shall examine the
4professional or amateur contestant to determine possible
5injury. If the professional's or amateur's contestant's
6physical condition so indicates, the physician shall recommend
7to the Department immediate medical suspension. The physician
8or a licensed emergency medical technician-paramedic (EMT-P)
9must check the vital signs of all contestants as established by
10rule.
11    (c) The physician may, at any time during the professional
12or amateur bout contest, stop the professional or amateur bout
13contest to examine a professional or amateur contestant, and
14may direct the referee to terminate the bout contest when, in
15the physician's opinion, continuing the bout contest could
16result in serious injury to the professional or amateur
17contestant. If the professional's or amateur's physical
18condition so indicates, the physician shall recommend to the
19Department immediate medical suspension. The physician shall
20certify to the condition of the professional or amateur
21contestant in writing, over his signature on forms provided by
22the Department. Such reports shall be submitted to the
23Department in a timely manner. The physician shall be paid by
24the promoter a fee fixed by the Department. No contest shall be
25held unless a physician licensed to practice medicine in all of
26its branches is in attendance.

 

 

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1    (d) No professional or amateur contest, or a combination of
2both, shall be allowed to begin or be held unless at least one
3physician, and 2 at least one EMT and one EMT-P, trained
4paramedics or 2 nurses who are trained to administer emergency
5medical care and at least one ambulance have been contracted
6with dedicated solely for the care of professionals or amateurs
7who are competing as defined by rule contestants are present.
8    (e) No professional boxing bout contest shall be more than
912 rounds in length. The rounds shall not be more than 3
10minutes each with a one minute interval between them, and no
11professional boxer shall be allowed to participate in more than
12one contest within a 7-day period 12 rounds within 72
13consecutive hours.
14    The number and length of rounds for all other professional
15or amateur boxing or full-contact martial arts contests, or a
16combination of both, shall be determined established by rule.
17    (f) The number and types of officials required for each
18professional or amateur contest, or a combination of both,
19shall be determined by rule. At each contest there shall be a
20referee in attendance who shall direct and control the contest.
21The referee, before each contest, shall learn the name of the
22contestant's chief second and shall hold the chief second
23responsible for the conduct of his assistant during the
24progress of the contest.
25    There shall be 2 judges in attendance at all boxing
26contests who shall render a decision at the end of each

 

 

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1contest. The decision of the judges, taken together with the
2decision of the referee, is final; or, 3 judges shall score the
3contest with the referee not scoring. The method of scoring
4shall be set forth in rules. The number of judges required and
5the manner of scoring for all other contests shall be set by
6rule.
7    Judges, referees, or timekeepers for contests shall be
8assigned by the Department.
9    (g) The Department or its representative shall have
10discretion to declare a price, remuneration, or purse or any
11part of it belonging to the professional contestant withheld if
12in the judgment of the Department or its representative the
13professional contestant is not honestly competing.
14    (h) The Department shall have the authority to prevent a
15professional or amateur contest, or a combination of both, from
16being held and shall have the authority to stop a professional
17or amateur contest, or a combination of both, for noncompliance
18with any part of this Act or rules or when, in the judgment of
19the Department, or its representative, continuation of the
20event would endanger the health, safety, and welfare of the
21professionals or amateurs contestants or spectators. The
22Department's authority to stop a contest on the basis that the
23professional or amateur contest, or a combination of both,
24would endanger the health, safety, and welfare of the
25professionals or amateurs contestants or spectators shall
26extend to any professional or amateur contest, or a combination

 

 

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1of both, regardless of whether that amateur contest is exempted
2from the prohibition in Section 6 of this Act. Department
3staff, or its representative, may be present at any
4full-contact martial arts contest with scheduled amateur
5bouts.
6(Source: P.A. 95-593, eff. 6-1-08.)
 
7    (225 ILCS 105/13)  (from Ch. 111, par. 5013)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 13. Tickets; tax. Tickets to professional or amateur
10contests, or a combination of both, shall be printed in such
11form as the Department shall prescribe. A certified inventory
12of all tickets printed for any professional or amateur contest,
13or a combination of both, shall be mailed to the Department by
14the promoter not less than 7 days before the contest. The total
15number of tickets printed shall not exceed the total seating
16capacity of the premises in which the professional or amateur
17contest, or a combination of both, is to be held. No tickets of
18admission to any professional or amateur contest, or a
19combination of both, shall be sold except those declared on an
20official ticket inventory as described in this Section.
21    (a) A promoter who conducts a professional or a combination
22of a professional and amateur contest under this Act shall,
23within 24 hours after such a contest:
24        (1) furnish to the Department a written report verified
25    by the promoter or his authorized designee showing the

 

 

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1    number of tickets sold for such a the contest or the actual
2    ticket stubs of tickets sold and the amount of the gross
3    proceeds thereof; and
4        (2) pay to the Department a tax of 5% 3% of the first
5    $500,000 of gross receipts from the sale of admission
6    tickets, not to exceed $52,500, to be collected by the
7    Department and placed in the Athletics Supervision and
8    Regulation General Revenue Fund, a special fund created in
9    the State Treasury to be administered by the Department.
10    Moneys in the Athletics Supervision and Regulation Fund
11shall be used by the Department, subject to appropriation, for
12expenses incurred in administering this Act. Moneys in the Fund
13may be transferred to the Professions Indirect Cost Fund, as
14authorized under Section 2105-300 of the Department of
15Professional Regulation Law.
16    In addition to the payment of any other taxes and money due
17under subsection (a), every promoter of a professional or a
18combination of a professional and amateur contest shall pay to
19the Department 3% of the first $500,000 and 4% thereafter,
20which shall not exceed $35,000 in total from the total gross
21receipts from the sale, lease, or other exploitation of
22broadcasting, including, but not limited to, Internet, cable,
23television, and motion picture rights for that professional or
24professional and amateur combination contest or exhibition
25without any deductions for commissions, brokerage fees,
26distribution fees, advertising, professional contestants'

 

 

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1purses, or any other expenses or charges. These fees shall be
2paid to the Department within 72 hours after the broadcast of
3the contest and placed in the Athletics Supervision and
4Regulation Fund.
5(Source: P.A. 95-593, eff. 6-1-08.)
 
6    (225 ILCS 105/15)  (from Ch. 111, par. 5015)
7    (Section scheduled to be repealed on January 1, 2012)
8    Sec. 15. Inspectors. The Secretary Director may appoint
9inspectors to assist the Department staff in the administration
10of the Act. Each inspector appointed by the Secretary Director
11shall receive compensation for each day he or she is engaged in
12the transacting of business of the Department. Each inspector
13shall carry a card issued by the Department to authorize him or
14her to act in such capacity. The inspector or inspectors shall
15supervise each professional contest and, at the Department's
16discretion, may supervise any contest to ensure that the
17provisions of the Act are strictly enforced. The inspectors
18shall also be present at the counting of the gross receipts and
19shall immediately deliver to the Department the official box
20office statement as required by Section 13.
21(Source: P.A. 95-593, eff. 6-1-08.)
 
22    (225 ILCS 105/16)  (from Ch. 111, par. 5016)
23    (Section scheduled to be repealed on January 1, 2012)
24    Sec. 16. Discipline and sanctions.

 

 

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1    (a) The Department may refuse to issue a permit, or
2license, or registration, refuse to renew, suspend, revoke,
3reprimand, place on probation, or take such other disciplinary
4or non-disciplinary action as the Department may deem proper,
5including the imposition of fines not to exceed $10,000 $5,000
6for each violation, with regard to any permit, license, or
7registration for one or any combination of the following
8reasons:
9        (1) gambling, betting, or wagering on the result of or
10    a contingency connected with a professional or amateur
11    contest, or a combination of both, or permitting such
12    activity to take place;
13        (2) participating in or permitting a sham or fake
14    professional or amateur contest, or a combination of both;
15        (3) holding the professional or amateur contest, or a
16    combination of both, at any other time or place than is
17    stated on the permit application;
18        (4) permitting any professional or amateur contestant
19    other than those stated on the permit application to
20    participate in a professional or amateur contest, or a
21    combination of both, except as provided in Section 9;
22        (5) violation or aiding in the violation of any of the
23    provisions of this Act or any rules or regulations
24    promulgated thereto;
25        (6) violation of any federal, State or local laws of
26    the United States or other jurisdiction governing

 

 

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1    professional or amateur contests or any regulation
2    promulgated pursuant thereto;
3        (7) charging a greater rate or rates of admission than
4    is specified on the permit application;
5        (8) failure to obtain all the necessary permits,
6    registrations, or licenses as required under this Act;
7        (9) failure to file the necessary bond or to pay the
8    gross receipts tax as required by this Act;
9        (10) engaging in dishonorable, unethical or
10    unprofessional conduct of a character likely to deceive,
11    defraud or harm the public, or which is detrimental to
12    honestly conducted contests;
13        (11) employment of fraud, deception or any unlawful
14    means in applying for or securing a permit or license under
15    this Act;
16        (12) permitting a physician making the physical
17    examination to knowingly certify falsely to the physical
18    condition of a professional or amateur contestant;
19        (13) permitting professionals or amateurs contestants
20    of widely disparate weights or abilities to engage in
21    professional or amateur contests, respectively;
22        (14) participating in a professional contest as a
23    professional contestant while under medical suspension in
24    this State or in any other state, territory or country;
25        (15) physical illness, including, but not limited to,
26    deterioration through the aging process, or loss of motor

 

 

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1    skills which results in the inability to participate in
2    contests with reasonable judgment, skill, or safety;
3        (16) allowing one's license or permit issued under this
4    Act to be used by another person;
5        (17) failing, within a reasonable time, to provide any
6    information requested by the Department as a result of a
7    formal or informal complaint;
8        (18) professional incompetence;
9        (19) failure to file a return, or to pay the tax,
10    penalty or interest shown in a filed return, or to pay any
11    final assessment of tax, penalty or interest, as required
12    by any tax Act administered by the Illinois Department of
13    Revenue, until such time as the requirements of any such
14    tax Act are satisfied;
15        (20) (blank);
16        (21) habitual or excessive use or addiction to alcohol,
17    narcotics, stimulants, or any other chemical agent or drug
18    that results in an inability to participate in an event; or
19        (22) failure to stop a professional or amateur contest,
20    or a combination of both, when requested to do so by the
21    Department; .
22        (23) failure of a promoter to adequately supervise and
23    enforce this Act and its rules as applicable to amateur
24    contests, as set forth in rule; or
25        (24) a finding by the Department that the licensee,
26    after having his or her license placed on probationary

 

 

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1    status, has violated the terms of probation.
2    (b) The determination by a circuit court that a licensee is
3subject to involuntary admission or judicial admission as
4provided in the Mental Health and Developmental Disabilities
5Code operates as an automatic suspension. The suspension will
6end only upon a finding by a court that the licensee is no
7longer subject to involuntary admission or judicial admission,
8issuance of an order so finding and discharging the licensee,
9and upon the recommendation of the Board to the Director that
10the licensee be allowed to resume his or her practice.
11    (c) In enforcing this Section, the Department Board, upon a
12showing of a possible violation, may compel any individual
13licensed to practice under this Act, or who has applied for
14licensure pursuant to this Act, to submit to a mental or
15physical examination, or both, as required by and at the
16expense of the Department. The examining physicians or clinical
17psychologists shall be those specifically designated by the
18Department Board. The Board or the Department may order the
19examining physician or clinical psychologist to present
20testimony concerning this mental or physical examination of the
21licensee or applicant. No information shall be excluded by
22reason of any common law or statutory privilege relating to
23communications between the licensee or applicant and the
24examining physician or clinical psychologist. Eye examinations
25may be provided by a licensed and certified therapeutic
26optometrist. The individual to be examined may have, at his or

 

 

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1her own expense, another physician of his or her choice present
2during all aspects of the examination. Failure of any
3individual to submit to a mental or physical examination, when
4directed, shall be grounds for suspension of a license until
5such time as the individual submits to the examination if the
6Board finds, after notice and hearing, that the refusal to
7submit to the examination was without reasonable cause.
8    (d) If the Board finds an individual unable to practice
9because of the reasons set forth in this Section, the Board
10shall require the individual to submit to care, counseling, or
11treatment by physicians or clinical psychologists approved or
12designated by the Board, as a condition, term, or restriction
13for continued, reinstated, or renewed licensure, or in lieu of
14care, counseling, or treatment, the Board may recommend to the
15Department to file a complaint to immediately suspend, revoke,
16or otherwise discipline the license of the individual. Any
17individual whose license was granted pursuant to this Act, or
18continued, reinstated, renewed, disciplined, or supervised,
19subject to such conditions, terms, or restrictions, who shall
20fail to comply with such conditions, terms, or restrictions,
21shall be referred to the Director for a determination as to
22whether the individual shall have his or her license suspended
23immediately, pending a hearing by the Board.
24(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
25    (225 ILCS 105/17.7)

 

 

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1    (Section scheduled to be repealed on January 1, 2012)
2    Sec. 17.7. Restoration of license from discipline
3suspended or revoked license. At any time after the successful
4completion of a term of indefinite probation, suspension, or
5revocation of a license, the Department may restore the license
6to the licensee, unless after an investigation and hearing the
7Secretary determines that restoration is not in the public
8interest. No person or entity whose license, certificate, or
9authority has been revoked as authorized in this Act may apply
10for restoration of that license, certification, or authority
11until such time as provided for in the Civil Administrative
12Code of Illinois. At any time after the suspension or
13revocation of a license, the Department may restore it to the
14licensee upon the written recommendation of the Board, unless
15after an investigation and a hearing the Board determines that
16restoration is not in the public interest.
17(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
18    (225 ILCS 105/17.9)
19    (Section scheduled to be repealed on January 1, 2012)
20    Sec. 17.9. Summary suspension of a license or registration.
21The Secretary Director may summarily suspend a license or
22registration without a hearing if the Secretary Director finds
23that evidence in the Secretary's Director's possession
24indicates that the continuation of practice would constitute an
25imminent danger to the public, participants, including any

 

 

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1professional contest officials, or the individual involved or
2cause harm to the profession. If the Secretary Director
3summarily suspends the license without a hearing, a hearing
4must be commenced within 30 days after the suspension has
5occurred and concluded as expeditiously as practical.
6(Source: P.A. 95-593, eff. 6-1-08.)
 
7    (225 ILCS 105/17.10)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 17.10. Administrative review; venue.
10    (a) All final administrative decisions of the Department
11are subject to judicial review under the Administrative Review
12Law and its rules. The term "administrative decision" is
13defined as in Section 3-101 of the Code of Civil Procedure.
14    (b) Proceedings for judicial review shall be commenced in
15the circuit court of the county in which the party applying for
16relief review resides, but if the party is not a resident of
17Illinois, the venue shall be in Sangamon County.
18    (c) The Department shall not be required to certify any
19record to the court or file any answer in court or otherwise
20appear in any court in a judicial review proceeding, unless and
21until the Department has received from the plaintiff payment of
22the costs of furnishing and certifying the record, which costs
23shall be determined by the Department. Failure on the part of
24the plaintiff to file a receipt in court shall be grounds for
25dismissal of the action.

 

 

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1(Source: P.A. 91-408, eff. 1-1-00.)
 
2    (225 ILCS 105/18)  (from Ch. 111, par. 5018)
3    (Section scheduled to be repealed on January 1, 2012)
4    Sec. 18. Investigations; notice and hearing. The
5Department may investigate the actions of any applicant or of
6any person or persons promoting or participating in a
7professional or amateur contest or any person holding or
8claiming to hold a license. The Department shall, before
9revoking, suspending, placing on probation, reprimanding, or
10taking any other disciplinary action under this Act, at least
1130 days before the date set for the hearing, (i) notify the
12accused in writing of the charges made and the time and place
13for the hearing on the charges, (ii) direct him or her to file
14a written answer to the charges with the Department Board under
15oath within 20 days after the service on him or her of the
16notice, and (iii) inform the accused that, if he or she fails
17to answer, default will be taken against him or her or that his
18or her license may be suspended, revoked, or placed on
19probationary status or that other disciplinary action may be
20taken with regard to the license, including limiting the scope,
21nature, or extent of his or her practice, as the Department may
22consider proper. At the time and place fixed in the notice, the
23hearing officer Board shall proceed to hear the charges, and
24the parties or their counsel shall be accorded ample
25opportunity to present any pertinent statements, testimony,

 

 

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1evidence, and arguments. The hearing officer Board may continue
2the hearing from time to time. In case the person, after
3receiving the notice, fails to file an answer, his or her
4license may, in the discretion of the Department, be suspended,
5revoked, or placed on probationary status or the Department may
6take whatever disciplinary action considered proper, including
7limiting the scope, nature, or extent of the person's practice
8or the imposition of a fine, without a hearing, if the act or
9acts charged constitute sufficient grounds for that action
10under this Act. The written notice may be served by personal
11delivery or by certified mail to the person's address of record
12specified by the accused in his or her last notification with
13the Department.
14(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
15    (225 ILCS 105/19)  (from Ch. 111, par. 5019)
16    (Section scheduled to be repealed on January 1, 2012)
17    Sec. 19. Findings and recommendations. At the conclusion of
18the hearing, the hearing officer Board shall present to the
19Secretary Director a written report of its findings,
20conclusions of law, and recommendations. The report shall
21contain a finding of whether the accused person violated this
22Act or its rules or failed to comply with the conditions
23required in this Act or its rules. The hearing officer Board
24shall specify the nature of any violations or failure to comply
25and shall make its recommendations to the Secretary Director.

 

 

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1In making recommendations for any disciplinary actions, the
2hearing officer Board may take into consideration all facts and
3circumstances bearing upon the reasonableness of the conduct of
4the accused and the potential for future harm to the public
5including, but not limited to, previous discipline of the
6accused by the Department, intent, degree of harm to the public
7and likelihood of harm in the future, any restitution made by
8the accused, and whether the incident or incidents contained in
9the complaint appear to be isolated or represent a continuing
10pattern of conduct. In making its recommendations for
11discipline, the hearing officer Board shall endeavor to ensure
12that the severity of the discipline recommended is reasonably
13related to the severity of the violation.
14    The report of findings of fact, conclusions of law, and
15recommendation of the hearing officer Board shall be the basis
16for the Department's order refusing to issue, restore, or renew
17a license, or otherwise disciplining a licensee. If the
18Secretary Director disagrees with the recommendations of the
19hearing officer Board, the Secretary Director may issue an
20order in contravention of the hearing officer's Board
21recommendations. The Director shall provide a written report to
22the Board on any disagreement and shall specify the reasons for
23the action in the final order. The finding is not admissible in
24evidence against the person in a criminal prosecution brought
25for a violation of this Act, but the hearing and finding are
26not a bar to a criminal prosecution brought for a violation of

 

 

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1this 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 Secretary
6Director has the authority to appoint any attorney duly
7licensed to practice law in the State of Illinois to serve as
8the hearing officer in any action for refusal to issue,
9restore, or renew a license or discipline of a licensee. The
10hearing officer has full authority to conduct the hearing. The
11hearing officer shall report his or her findings of fact,
12conclusions of law, and recommendations to the Board and the
13Secretary Director. The Board shall have 60 days from receipt
14of the report to review the report of the hearing officer and
15present its findings of fact, conclusions of law and
16recommendations to the Director. If the Board fails to present
17its report within the 60 day period, the Director may issue an
18order based on the report of the hearing officer. If the
19Secretary Director determines that the hearing officer's
20Board's report is contrary to the manifest weight of the
21evidence, he may issue an order in contravention of the
22recommendation. The Director shall promptly provide a written
23report of the Board on any deviation and shall specify the
24reasons for the action in the final order.
25(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 

 

 

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1    (225 ILCS 105/19.2)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 19.2. Subpoenas; depositions; oaths. The Department
4has the power to subpoena documents, books, records, or other
5materials and to bring before it any person and to take
6testimony either orally or by deposition, or both, with the
7same fees and mileage and in the same manner as prescribed in
8civil cases in the courts of this State.
9    The Secretary Director, the designated hearing officer,
10and every member of the Department have Board has the power to
11administer oaths to witnesses at any hearing that the
12Department is authorized to conduct and any other oaths
13authorized in any Act administered by the Department.
14(Source: P.A. 91-408, eff. 1-1-00.)
 
15    (225 ILCS 105/19.5)
16    (Section scheduled to be repealed on January 1, 2012)
17    Sec. 19.5. Order or certified copy; prima facie proof. An
18order or certified copy thereof, over the seal of the
19Department and purporting to be signed by the Secretary
20Director, is prima facie proof that:
21        (1) the signature is the genuine signature of the
22    Secretary Director; and
23        (2) the Secretary Director is duly appointed and
24    qualified. ; and

 

 

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1        (3) the Board and its members are qualified to act.
2(Source: P.A. 91-408, eff. 1-1-00.)
 
3    (225 ILCS 105/20)  (from Ch. 111, par. 5020)
4    (Section scheduled to be repealed on January 1, 2012)
5    Sec. 20. Stenographer; transcript. The Department, at its
6expense, shall provide a stenographer to take down the
7testimony and preserve a record of all proceedings at the
8hearing of any case wherein a license or permit is subjected to
9disciplinary action. The notice of hearing, complaint and all
10other documents in the nature of pleadings and written motions
11filed in the proceedings, the transcript of testimony, the
12report of the hearing officer board and the orders of the
13Department shall be the record of the proceedings. The
14Department shall furnish a transcript of the record to any
15person interested in the hearing upon payment of the fee
16required under Section 2105-115 of the Department of
17Professional Regulation Law (20 ILCS 2105/2105-115).
18(Source: P.A. 91-239, eff. 1-1-00.)
 
19    (225 ILCS 105/24.5 new)
20    Sec. 24.5. Confidentiality. All information collected by
21the Department in the course of an examination or investigation
22of a licensee, registrant, or applicant, including, but not
23limited to, any complaint against a licensee or registrant
24filed with the Department and information collected to

 

 

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1investigate any such complaint, shall be maintained for the
2confidential use of the Department and shall not be disclosed.
3The Department may not disclose such information to anyone
4other than law enforcement officials, other regulatory
5agencies that have an appropriate regulatory interest as
6determined by the Secretary, or a party presenting a lawful
7subpoena to the Department. Information and documents
8disclosed to a federal, State, county, or local law enforcement
9agency shall not be disclosed by the agency for any purpose to
10any other agency or person. A formal complaint filed against a
11licensee or registrant by the Department or any order issued by
12the Department against a licensee, registrant, or applicant
13shall be a public record, except as otherwise prohibited by
14law.
 
15    (225 ILCS 105/25.1)
16    (Section scheduled to be repealed on January 1, 2012)
17    Sec. 25.1. Medical Suspension. A licensee or registrant who
18is determined by the examining physician to be unfit to compete
19or officiate shall be immediately suspended until it is shown
20that he or she is fit for further competition or officiating.
21If the licensee or registrant disagrees with a medical
22suspension set at the discretion of the ringside physician, he
23or she may request a hearing to show proof of fitness. The
24hearing shall be provided at the earliest opportunity after the
25Department receives a written request from the licensee.

 

 

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1    If the referee has rendered a decision of technical
2knockout against a professional or amateur contestant or if the
3professional or amateur contestant is knocked out other than by
4a blow to the head, the professional or amateur contestant
5shall be immediately suspended for a period of not less than 30
6days. In a full-contact martial arts contest, if the
7professional or amateur contestant has tapped out or has
8submitted, the referee shall stop the professional or amateur
9contest and the ringside physician shall determine the length
10of suspension.
11    If the professional or amateur contestant has been knocked
12out by a blow to the head, he or she shall be suspended
13immediately for a period of not less than 45 days.
14    Prior to reinstatement, any professional or amateur
15contestant suspended for his or her medical protection shall
16satisfactorily pass a medical examination upon the direction of
17the Department. The examining physician may require any
18necessary medical procedures during the examination.
19(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
20    Section 15. The Unified Code of Corrections is amended by
21changing Section 5-5-5 as follows:
 
22    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
23    Sec. 5-5-5. Loss and Restoration of Rights.
24    (a) Conviction and disposition shall not entail the loss by

 

 

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1the defendant of any civil rights, except under this Section
2and Sections 29-6 and 29-10 of The Election Code, as now or
3hereafter amended.
4    (b) A person convicted of a felony shall be ineligible to
5hold an office created by the Constitution of this State until
6the completion of his sentence.
7    (c) A person sentenced to imprisonment shall lose his right
8to vote until released from imprisonment.
9    (d) On completion of sentence of imprisonment or upon
10discharge from probation, conditional discharge or periodic
11imprisonment, or at any time thereafter, all license rights and
12privileges granted under the authority of this State which have
13been revoked or suspended because of conviction of an offense
14shall be restored unless the authority having jurisdiction of
15such license rights finds after investigation and hearing that
16restoration is not in the public interest. This paragraph (d)
17shall not apply to the suspension or revocation of a license to
18operate a motor vehicle under the Illinois Vehicle Code.
19    (e) Upon a person's discharge from incarceration or parole,
20or upon a person's discharge from probation or at any time
21thereafter, the committing court may enter an order certifying
22that the sentence has been satisfactorily completed when the
23court believes it would assist in the rehabilitation of the
24person and be consistent with the public welfare. Such order
25may be entered upon the motion of the defendant or the State or
26upon the court's own motion.

 

 

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1    (f) Upon entry of the order, the court shall issue to the
2person in whose favor the order has been entered a certificate
3stating that his behavior after conviction has warranted the
4issuance of the order.
5    (g) This Section shall not affect the right of a defendant
6to collaterally attack his conviction or to rely on it in bar
7of subsequent proceedings for the same offense.
8    (h) No application for any license specified in subsection
9(i) of this Section granted under the authority of this State
10shall be denied by reason of an eligible offender who has
11obtained a certificate of relief from disabilities, as defined
12in Article 5.5 of this Chapter, having been previously
13convicted of one or more criminal offenses, or by reason of a
14finding of lack of "good moral character" when the finding is
15based upon the fact that the applicant has previously been
16convicted of one or more criminal offenses, unless:
17        (1) there is a direct relationship between one or more
18    of the previous criminal offenses and the specific license
19    sought; or
20        (2) the issuance of the license would involve an
21    unreasonable risk to property or to the safety or welfare
22    of specific individuals or the general public.
23    In making such a determination, the licensing agency shall
24consider the following factors:
25        (1) the public policy of this State, as expressed in
26    Article 5.5 of this Chapter, to encourage the licensure and

 

 

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1    employment of persons previously convicted of one or more
2    criminal offenses;
3        (2) the specific duties and responsibilities
4    necessarily related to the license being sought;
5        (3) the bearing, if any, the criminal offenses or
6    offenses for which the person was previously convicted will
7    have on his or her fitness or ability to perform one or
8    more such duties and responsibilities;
9        (4) the time which has elapsed since the occurrence of
10    the criminal offense or offenses;
11        (5) the age of the person at the time of occurrence of
12    the criminal offense or offenses;
13        (6) the seriousness of the offense or offenses;
14        (7) any information produced by the person or produced
15    on his or her behalf in regard to his or her rehabilitation
16    and good conduct, including a certificate of relief from
17    disabilities issued to the applicant, which certificate
18    shall create a presumption of rehabilitation in regard to
19    the offense or offenses specified in the certificate; and
20        (8) the legitimate interest of the licensing agency in
21    protecting property, and the safety and welfare of specific
22    individuals or the general public.
23    (i) A certificate of relief from disabilities shall be
24issued only for a license or certification issued under the
25following Acts:
26        (1) the Animal Welfare Act; except that a certificate

 

 

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1    of relief from disabilities may not be granted to provide
2    for the issuance or restoration of a license under the
3    Animal Welfare Act for any person convicted of violating
4    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
5    Care for Animals Act or Section 26-5 of the Criminal Code
6    of 1961;
7        (2) the Illinois Athletic Trainers Practice Act;
8        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
9    and Nail Technology Act of 1985;
10        (4) the Boiler and Pressure Vessel Repairer Regulation
11    Act;
12        (5) the Professional Boxing and Full-contact Martial
13    Arts Act;
14        (6) the Illinois Certified Shorthand Reporters Act of
15    1984;
16        (7) the Illinois Farm Labor Contractor Certification
17    Act;
18        (8) the Interior Design Title Act;
19        (9) the Illinois Professional Land Surveyor Act of
20    1989;
21        (10) the Illinois Landscape Architecture Act of 1989;
22        (11) the Marriage and Family Therapy Licensing Act;
23        (12) the Private Employment Agency Act;
24        (13) the Professional Counselor and Clinical
25    Professional Counselor Licensing Act;
26        (14) the Real Estate License Act of 2000;

 

 

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1        (15) the Illinois Roofing Industry Licensing Act;
2        (16) the Professional Engineering Practice Act of
3    1989;
4        (17) the Water Well and Pump Installation Contractor's
5    License Act;
6        (18) the Electrologist Licensing Act;
7        (19) the Auction License Act;
8        (20) Illinois Architecture Practice Act of 1989;
9        (21) the Dietetic and Nutrition Services Practice Act;
10        (22) the Environmental Health Practitioner Licensing
11    Act;
12        (23) the Funeral Directors and Embalmers Licensing
13    Code;
14        (24) the Land Sales Registration Act of 1999;
15        (25) the Professional Geologist Licensing Act;
16        (26) the Illinois Public Accounting Act; and
17        (27) the Structural Engineering Practice Act of 1989.
18(Source: P.A. 96-1246, eff. 1-1-11.)
 
19    (225 ILCS 105/25 rep.)
20    Section 20. The Professional Boxing Act is amended by
21repealing Section 25.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.