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Public Act 095-0593 |
HB1947 Enrolled |
LRB095 11354 RAS 32103 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Professional Boxing Act is amended by |
changing Sections 0.05, 1, 6, 7, 8, 10, 10.5, 11, 12, 13, 15, |
16, 17.9, 25.1, and 26 and by adding Sections 0.10 and 1.5 as |
follows:
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(225 ILCS 105/0.05)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 0.05. Declaration of public policy. Professional |
boxing
and other contests in the State of Illinois are
is
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hereby declared to affect the public health,
safety, and |
welfare and to be subject to regulation and control in the |
public
interest. It is further declared to be a matter of |
public interest and concern
that boxing and other contests , as |
defined in this Act, merit and receive the
confidence of the |
public and that only qualified persons be authorized to
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participate in boxing and other contests in the State of
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Illinois. This Act shall be liberally construed to best carry |
out these objects
and purposes.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/0.10 new)
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(Section scheduled to be repealed on January 1, 2012) |
Sec. 0.10. References to Department or Director of |
Professional Regulation. References in this Act (i) to the |
Department of Professional Regulation are
deemed, in |
appropriate contexts, to be references to the Department of |
Financial and Professional Regulation
and (ii) to the Director |
of Professional Regulation are
deemed, in appropriate |
contexts, to be references to the Secretary of Financial and |
Professional Regulation. |
(225 ILCS 105/1.5 new) |
Sec. 1.5. Exemption. This Act does not apply to any |
organized sanctioning body or accredited school competing in |
amateur kick-boxing, mixed martial arts, or boxing that is |
approved by the Department.
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(225 ILCS 105/1) (from Ch. 111, par. 5001)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 1. Short title and definitions.
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(a) This Act may be cited as the Professional Boxing Act.
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(b) As used in this Act:
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1. "Department" means the Department of Financial and
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Professional Regulation.
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2. "Secretary"
"Director" means the Secretary
Director
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of Financial and Professional Regulation.
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3. "Board" means the State Professional Boxing Board
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appointed by the
Secretary
Director .
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4. "License" means the license issued for boxing
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promoters,
contestants, or officials
in accordance with |
this Act.
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5. (Blank).
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6. "Contest" means a
"Boxing Contests" include
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professional boxing , martial art, or mixed martial art |
match or exhibition
matches
and exhibitions .
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7. (Blank).
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8. (Blank).
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9. "Permit" means the authorization from the |
Department to a
promoter
to conduct professional boxing
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contests.
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10. "Promoter" means a person who is licensed and
who
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holds a permit to conduct professional boxing contests.
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11. Unless the context indicates otherwise, "person" |
includes
an
association, partnership, corporation, |
gymnasium, or club.
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12. (Blank).
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13. (Blank).
"Ultimate fighting exhibition" has the |
meaning given by
rule adopted
by the Department in |
accordance with Section 7.5.
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14. (Blank).
"Professional boxer" means a person |
licensed by the
Department who
competes for a
money prize, |
purse, or other type of compensation in a boxing contest,
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exhibition, or match held in
Illinois.
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15. "Judge" means a person licensed by the Department |
who is
at ringside
during a boxing
match and who has the |
responsibility of scoring the performance of the
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participants in the contest.
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16. "Referee" means a person licensed by the Department |
who
has the
general
supervision of
a boxing contest and is |
present inside of the ring during the contest.
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17. "Amateur" means a person who has never received or
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competed for any
purse or other
article of value, either |
for participating in any boxing contest or for the
expenses |
of training therefor,
other than a prize that does not |
exceed $50 in value.
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18. "Contestant" means a person licensed by the
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Department who
competes for a
money prize, purse, or other |
type of compensation in a contest,
exhibition, or match |
held in
Illinois
an individual who participates in a
boxing |
contest .
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19. "Second" means a person licensed by the Department |
who is
present at any boxing
contest to provide assistance |
or advice to a contestant
boxer during the contest.
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20. "Matchmaker" means a person licensed by the |
Department who
brings
together
contestants
professional |
boxers or procures matches or contests for contestants
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professional
boxers .
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21. "Manager" means a person licensed by the Department |
who is
not a
promoter and
who, under contract, agreement, |
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or other arrangement with any contestant
boxer , undertakes
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to, directly or
indirectly, control or administer the |
boxing affairs of contestants
boxers .
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22. "Timekeeper" means a person licensed by the |
Department who
is the
official timer of
the length of |
rounds and the intervals between the rounds.
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23. "Purse" means the financial guarantee or any other
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remuneration for
which contestants
are participating in a |
boxing contest.
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24. "Physician" means a person licensed to practice |
medicine
in all its
branches under the Medical Practice Act |
of 1987.
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25. "Martial arts" means a discipline such as, but not |
limited to, Karate, Kung Fu, Jujitsu, Muay Thai, Tae Kwon |
Do, and Kick-boxing. |
26. "Mixed martial arts" means the use of a combination |
of techniques from different disciplines of the martial |
arts, including without limitation grappling, kicking, and |
striking.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/6) (from Ch. 111, par. 5006)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 6. Prohibitions. All boxing matches, contests , or |
exhibits in which
physical contact is made including, but not |
limited to, "ultimate fighting
exhibitions", are prohibited in |
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Illinois unless authorized by the Department.
This provision |
does not apply to the following:
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(1) Boxing contests or wrestling exhibitions conducted |
by accredited
secondary schools, colleges or universities, |
although a fee may be charged.
Institutions organized to |
furnish instruction in athletics are not included in
this |
exemption.
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(2) Amateur boxing matches sanctioned by the United |
States Amateur Boxing
Federation, Inc. ,
or Golden Gloves of |
America , or other amateur sanctioning body, as determined |
by rule, and , amateur wrestling exhibitions ,
and amateur or |
professional martial arts or kick boxing .
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(3) Amateur martial art matches sanctioned by a |
sanctioning body approved by the Department, as determined |
by rule. |
(4) Martial art instruction conducted by a martial art |
school and contests occurring within or amongst martial art |
schools, provided that (i) the contestants do not receive |
anything of value for participating other than an award, |
trophy, other item of recognition, or a prize that does not |
exceed $50 in value and (ii) no entrance fee is charged to |
participate or watch the school contests.
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The Department shall have the authority to determine |
whether a contest or exhibition is an exempt martial arts or |
kick boxing event for purposes of this Section. In determining |
whether a contest or exhibition is an exempt martial arts or |
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kick boxing event the Department shall consider, but not be |
limited to, the following factors: |
(i) whether the event is sanctioned by a body |
independent of the promoters of the contest or exhibition; |
(ii) whether the sanctioning body is exclusively or |
primarily dedicated to advancing the sport of kick boxing |
or martial arts; |
(iii) whether the sanctioning body limits |
participation in its events to its registered members; |
(iv) whether the sanctioning body has a record of |
enforcing the rules governing a contest or exhibition; |
(v) the record for safety of the sanctioning body; |
(vi) the record for safety of the promoters of the |
contest or exhibition; |
(vii) whether the promoter of the contest or exhibition |
has a record of enforcing and abiding by the rules |
governing a contest or exhibition; and |
(viii) whether the rules for the contest or exhibition |
provide substantially similar protections for the health, |
safety and welfare of the contestants and spectators as |
this Act and its rules.
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(Source: P.A. 93-978, eff. 8-20-04.)
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(225 ILCS 105/7) (from Ch. 111, par. 5007)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 7. In order to conduct a boxing contest
in this State, |
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a promoter shall obtain a permit issued by the Department
in |
accordance with this Act and the rules and regulations adopted |
pursuant
thereto. This permit shall authorize one or more |
contests or exhibitions.
A permit issued under this Act is not |
transferable.
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(Source: P.A. 92-499, eff. 1-1-02.)
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(225 ILCS 105/8) (from Ch. 111, par. 5008)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 8. Permits.
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(a) A promoter who desires to obtain a permit to conduct a |
boxing
contest shall apply to the Department at least 20 days |
prior to the
event,
in writing, on forms furnished by the |
Department. The application shall
be accompanied by the |
required fee and shall
contain at least the following |
information:
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(1) the names and addresses of the promoter;
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(2) the name of the matchmaker;
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(3) the time and exact location of the
boxing contest;
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(4) the seating
capacity of the building where the |
event is to be held;
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(5) a copy of the
lease or proof of ownership of the |
building where the event is to be held;
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(6) the admission
charge or charges to be made; and
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(7) proof of adequate security measures and adequate |
medical
supervision, as determined by Department rule, to |
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ensure the protection of the
health and safety of the |
general public while attending boxing contests and the
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contestants' safety while participating in the events and |
any other information
that the Department may determine by |
rule in order to issue a permit.
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(b) After the initial application and within 10 days of a |
scheduled event,
a promoter shall submit to the Department all |
of the following information:
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(1) The amount of compensation to be paid to each |
participant.
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(2) The names of the contestants.
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(3) Proof of insurance for not less than $50,000
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$10,000 for each contestant
participating in a boxing
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contest or exhibition.
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Insurance required under this subsection shall cover (i)
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hospital, medication, physician, and other such expenses as |
would
accrue in the treatment of an injury as a result of the |
boxing contest or
exhibition and (ii) payment to the estate of |
the contestant in the event of
his or her death as a result
of |
his or her participation in the boxing contest or exhibition.
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(c) All boxing promoters shall provide to the Department, |
at least 24 hours
prior
to commencement of the event, the |
amount of the purse to be paid for the event.
The Department |
shall promulgate rules for payment of the purse.
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(d) The boxing contest shall be held in an area where |
adequate neurosurgical
facilities are immediately available |
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for skilled emergency treatment of an
injured contestant
boxer .
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It is the responsibility of the promoter to ensure that the |
building to be used
for the event complies with all laws, |
ordinances, and regulations in the city,
town, or village where |
the boxing contest is to be held.
The Department may issue a |
permit to any promoter who meets the requirements of
this Act
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and the rules. The permit shall only be issued for a specific |
date and location
of a boxing contest and
shall not be |
transferable.
In an emergency, the Department may allow a |
promoter to amend a permit
application to hold a boxing contest |
in a different
location than the
application specifies and may |
allow the promoter to substitute contestants.
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(e) The Department shall be responsible for assigning the |
judges
judge ,
timekeepers, referees, physicians
physician , and |
medical personnel for a boxing contest.
It shall be the |
responsibility of the promoter to cover the cost of the
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individuals utilized at a boxing contest.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/10) (from Ch. 111, par. 5010)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 10. Who must be licensed. In order to participate in |
boxing
contests the following persons
must each be licensed and |
in good standing with the Department: (a) promoters,
(b) |
contestants, (c) seconds, (d) referees, (e) judges, (f) |
managers, (g)
matchmakers, and (h) timekeepers.
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Announcers may participate in boxing contests
without |
being licensed under this Act. It shall be the responsibility |
of
the promoter to ensure that announcers comply
with the Act, |
and all rules and regulations promulgated pursuant to this
Act.
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A licensed promoter may not act as, and cannot be licensed |
as, a second,
contestant
boxer , referee, timekeeper, judge, or |
manager. If he or she is so licensed, he
or she must relinquish |
any of these licenses to the Department for
cancellation.
A |
person possessing a valid
promoter's license may act as a |
matchmaker.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/10.5)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 10.5. Unlicensed practice; violation; civil penalty.
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(a) Any person who practices, offers to practice, attempts |
to practice, or
holds oneself out to practice as a promoter, |
professional boxer,
contestant, second, referee,
judge, |
manager, matchmaker, or timekeeper without being
licensed |
under this Act
shall, in
addition to any other penalty provided |
by law, pay a civil penalty to the
Department in an amount not |
to exceed $5,000 for each offense as determined by
the |
Department. The civil penalty shall be assessed by the |
Department after a
hearing is held in accordance with the |
provisions set forth in this Act
regarding the provision of a |
hearing for the discipline of a licensee.
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(b) The Department has the authority and power to |
investigate any and all
unlicensed activity.
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(c) The civil penalty shall be paid within 60 days after |
the effective date
of the order imposing the civil penalty. The |
order shall constitute a judgment
and may be filed and |
execution had thereon in the same manner as any judgment
from |
any court of record.
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(Source: P.A. 91-408, eff. 1-1-00.)
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(225 ILCS 105/11) (from Ch. 111, par. 5011)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 11. Qualifications for license. The Department shall |
grant
licenses to the following persons
if the following |
qualifications are met:
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(A) An applicant for licensure as a contestant in a boxing
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contest must:
(1) be 18 years old, (2) be of good moral |
character, (3) file an application
stating
the applicant's |
correct name (and no assumed or ring name may be used
unless |
such name is registered with the Department along with the |
applicant's
correct name), date and place of birth, place of |
current residence, and a
sworn statement that he is not |
currently in violation of any federal, State or
local laws or |
rules governing
boxing , martial arts, or mixed martial arts , |
(4) file a certificate of a physician licensed to practice |
medicine
in all of its branches which attests that the |
applicant is physically fit
and qualified to participate in |
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boxing contests, and (5) pay
the required fee
and meet any |
other requirements.
Applicants over age 35 who have not |
competed in a contest within the
last 36
months may be required |
to appear before the Board to determine their fitness to
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participate in a contest. A picture identification card shall |
be issued to
all
contestants
boxers
licensed by the Department
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who are residents of
Illinois or who are residents of any |
jurisdiction, state, or country that does
not regulate |
professional boxing , martial arts, or mixed martial arts . The |
identification card shall be
presented to the
Department or its |
representative upon request at weigh-ins.
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(B) An applicant for licensure as a boxing referee, judge,
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manager, second, matchmaker, or timekeeper must: (1) be of good
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moral character, (2) file
an application stating the |
applicant's name, date and place of birth, and
place of current |
residence along with a certifying statement that
he is not
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currently in violation of any federal, State, or local laws or |
rules
governing
boxing , martial arts, or mixed martial arts , |
(3) have had satisfactory experience in his field, (4) pay the
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required fee, and (5) meet any other requirements as determined |
by rule.
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(C) An applicant for licensure as a boxing promoter must: |
(1) be of good
moral character, (2) file an application with |
the Department stating the
applicant's name, date and place of |
birth, place of current residence along
with
a certifying |
statement that he is not currently in violation of any federal,
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State, or local laws or rules governing boxing , martial arts, |
or mixed martial arts , (3) provide proof of a surety
bond
of no |
less than $5,000 to cover financial obligations pursuant to |
this Act,
payable to the Department and conditioned for the |
payment of the tax imposed by
this Act and compliance with this |
Act and the rules promulgated pursuant to
this
Act,
(4) provide |
a financial statement, prepared by a certified public |
accountant,
showing
liquid working capital of $10,000 or more, |
or a $10,000 performance bond
guaranteeing payment of all |
obligations relating to the promotional activities,
and (5) pay |
the required fee and meet any other requirements.
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In determining good moral character, the Department may |
take into
consideration any violation of any of the provisions |
of Section 16 of this
Act and any felony conviction of the |
applicant, but such a conviction shall
not
operate as a bar to |
licensure. No license issued under this Act is
transferable.
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The Department may issue temporary licenses as provided
by |
rule.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/12) (from Ch. 111, par. 5012)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 12. Contests. Each boxing contestant shall be examined
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before entering the
ring and immediately after each contest by |
a physician
licensed to practice
medicine in all of its |
branches. The physician
shall determine, prior to
the contest, |
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if each contestant is physically fit to engage in the contest.
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After the contest the physician shall examine the contestant to
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determine
possible injury. If the contestant's physical |
condition so indicates, the
physician shall recommend to the |
Department immediate medical suspension.
The physician may, at |
any time during the contest, stop the contest to
examine a |
contestant
boxer , and terminate the contest when, in the |
physician's opinion,
continuing the contest could result in |
serious injury to the contestant
boxer . The
physician shall |
certify to the condition of the contestant in writing, over
his |
signature on blank forms provided by the Department. Such |
reports shall
be submitted to the Department in a timely |
manner. The physician shall be
paid by the promoter a fee fixed |
by the Department. No boxing contest shall
be held unless a |
physician licensed to practice medicine in all of its branches
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is in attendance.
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No contest shall be allowed to begin unless
at least one |
physician and 2 trained paramedics or 2 nurses who are trained
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to administer emergency medical care and at least one ambulance |
dedicated solely for the care of contestants are present.
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No boxing contest shall be more than 12 rounds in length. |
The rounds
shall not
be more than 3 minutes each with a one |
minute interval between them, and
no boxer shall be allowed to |
participate in more than 12 rounds
within
72 consecutive hours. |
The number and length for all other contests shall be |
established by rule. At each boxing contest there shall be a |
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referee in
attendance who shall direct and control the contest. |
The referee, before
each contest, shall learn the name of the |
contestant's chief second and
shall hold the chief second |
responsible for the conduct of his assistant
during the |
progress of the contest.
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There shall be 2 judges in attendance at all boxing |
contests who shall render a decision at the
end of each |
contest. The decision of the judges, taken together with the |
decision
of the referee, is final; or, 3 judges shall score the |
contest with the
referee not scoring. The method of scoring |
shall be set forth in rules. The number of judges required and |
the manner of scoring for all other contests shall be set by |
rule.
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Judges, referees, or timekeepers for contests shall be
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assigned by the Department. The Department or its |
representative shall have
discretion to declare
a price, |
remuneration,
or purse or any part of it belonging to the |
contestant withheld if in the
judgment of the Department or its |
representative the contestant
is not honestly competing.
The |
Department shall have the authority to prevent a contest or |
exhibition
from being held and shall have the authority to stop |
a contest
fight for noncompliance
with any part of this Act or |
rules or when, in the judgment of the Department,
or its |
representative, continuation of the event would endanger the |
health,
safety, and welfare of the contestants or spectators. |
The Department's authority to stop a fight contest or |
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exhibition on the basis that the contest
fight would endanger |
the health, safety, and welfare of the contestants or |
spectators shall extend to any fight contest or exhibition , |
regardless of whether that fight contest or exhibition is |
exempted from the prohibition in Section 6 of this Act.
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(Source: P.A. 92-499, eff. 1-1-02; 93-978, eff. 8-20-04.)
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(225 ILCS 105/13) (from Ch. 111, par. 5013)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 13. Tickets; tax. Tickets to boxing contests ,
other |
than a boxing contest conducted at premises
with an indoor |
seating
capacity of more than 17,000, shall be printed in such |
form as
the Department shall prescribe. A certified inventory |
of all
tickets printed
for any boxing contest shall be mailed |
to the Department by the
promoter
not less
than 7 days before |
the boxing contest. The total number of
tickets
printed shall |
not exceed the total seating capacity of the premises in which
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the boxing contest is to be held. No tickets of admission to |
any
boxing contest ,
other than a boxing contest conducted at |
premises
with an indoor seating
capacity of more than 17,000,
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shall be sold except those declared on an
official ticket |
inventory as described in this Section.
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A promoter who conducts a boxing contest under this
Act ,
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other than a boxing contest conducted at premises
with an |
indoor seating
capacity of more than 17,000, shall, within 24 |
hours after a boxing contest: (1)
furnish to the Department a |
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written report verified by the promoter or his
authorized |
designee showing the number of tickets sold for the boxing
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contest or the
actual ticket stubs of tickets sold and the
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amount of the gross proceeds thereof; and (2) pay to the |
Department a tax
of 3%
10% of the first $500,000 of gross |
receipts
from the sale of admission tickets, to be placed in |
the General Revenue Fund.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/15) (from Ch. 111, par. 5015)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 15. Inspectors. The Director may appoint boxing
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inspectors to
assist the Department staff in the administration |
of the Act.
Each inspector
boxing instructor appointed
by the
|
Director shall receive
compensation
for each day he or she is |
engaged in the transacting of
business of the Department.
Each |
inspector shall carry a card issued by the Department to |
authorize
him or her to act in such capacity. The inspector or |
inspectors shall
supervise
each contest to ensure that the |
provisions of the Act are
strictly enforced.
The inspectors |
shall also be present at the counting of the gross receipts
and |
shall immediately deliver to the Department the official box |
office
statement as required by Section 13.
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(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
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(225 ILCS 105/16) (from Ch. 111, par. 5016)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 16. Discipline and sanctions.
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(a) The Department may refuse to issue a
permit or license, |
refuse to renew, suspend, revoke,
reprimand, place on
|
probation, or take such other disciplinary action as the |
Department may
deem proper, including the imposition of fines |
not to exceed $5,000 for
each violation, with regard to any |
license for one
or
any combination of the following reasons:
|
(1) gambling, betting , or wagering on the result of or |
a
contingency connected
with a boxing contest or permitting |
such activity to
take place;
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(2) participating in or permitting a sham or fake |
boxing
contest;
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(3) holding the boxing contest at any other time or
|
place than
is stated
on the permit application;
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(4) permitting any contestant other than those
stated |
on the
permit application to participate in a boxing
|
contest, except as provided
in Section 9;
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(5) violation or aiding in the violation of any of the
|
provisions of this
Act or any rules or regulations |
promulgated thereto;
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(6) violation of any federal, State or local laws of |
the
United States or other jurisdiction governing boxing
|
contests or any regulation
promulgated pursuant thereto;
|
(7) charging a greater rate or rates of admission than |
is
specified on the permit application;
|
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(8) failure to obtain all the necessary permits,
|
registrations, or licenses as required under this Act;
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(9) failure to file the necessary bond or to pay the |
gross
receipts
tax as required by this Act;
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(10) engaging in dishonorable, unethical or |
unprofessional
conduct
of a character likely to deceive, |
defraud or harm the public, or which
is detrimental to |
honestly conducted boxing contests;
|
(11) employment of fraud, deception or any unlawful |
means in
applying
for or securing a permit or license under |
this
Act;
|
(12) permitting a physician making the physical |
examination
to
knowingly certify falsely to the physical |
condition of a contestant;
|
(13) permitting contestants of widely disparate |
weights or
abilities
to engage in boxing contests;
|
(14) participating in a contest as a contestant
boxing
|
while under medical suspension in this State or
in
any |
other
state, territory or country;
|
(15) physical illness, including, but not limited to,
|
deterioration
through the aging process, or loss of motor |
skills which results in the
inability to participate in |
boxing contests with
reasonable judgment,
skill, or |
safety;
|
(16) allowing one's license or permit issued
under
this |
Act to be used by another person;
|
|
(17) failing, within a reasonable time, to provide any
|
information
requested by the Department as a result of a |
formal or informal
complaint;
|
(18) professional incompetence;
|
(19) failure to file a return, or to pay the tax, |
penalty or
interest
shown in a filed return, or to pay any |
final assessment of tax, penalty or
interest, as required |
by any tax Act administered by the Illinois
Department of |
Revenue, until such time as the requirements of any such |
tax
Act are satisfied;
|
(20) (blank);
holding or promoting an ultimate |
fighting exhibition, or
participating
in an ultimate |
fighting exhibition as a promoter, contestant,
referee,
|
judge, scorer, manager, trainer, announcer, or timekeeper;
|
(21) habitual or excessive use or addiction to alcohol, |
narcotics,
stimulants, or any other
chemical agent or drug |
that results in an inability to participate in an
event; or
|
(22) failure to stop a contest or exhibition when |
requested to do so by
the Department.
|
(b) The determination by a circuit court that a licensee is |
subject to
involuntary admission or
judicial admission as |
provided in the Mental Health and Developmental
Disabilities |
Code operates as
an automatic suspension. The suspension will |
end only upon a finding by a court
that the licensee is no
|
longer subject to involuntary admission or judicial admission, |
issuance of an
order so finding and
discharging the licensee, |
|
and upon the recommendation of the Board to the
Director that |
the licensee
be allowed to resume his or her practice.
|
(c) In enforcing this Section, the Board, upon a showing of |
a possible
violation,
may compel any
individual licensed to |
practice under this Act, or who has
applied for licensure |
pursuant to this Act, to submit to a mental or physical
|
examination, or both, as required
by and at the expense of the |
Department. The examining physicians or clinical
psychologists |
shall be
those specifically designated by the Board. The Board |
or the Department may
order the examining
physician or clinical |
psychologist to present testimony concerning this mental
or |
physical examination
of the licensee or applicant. No |
information shall be excluded
by
reason of any common
law or |
statutory privilege relating to communications between the |
licensee or applicant
and the examining physician or clinical |
psychologist. Eye examinations may be
provided by a
licensed |
and certified therapeutic optometrist. The individual to be |
examined
may have, at his or her
own expense, another physician |
of his or her choice present during all aspects
of the |
examination.
Failure of any individual to submit to a mental or |
physical examination, when
directed, shall be
grounds for |
suspension of a license until such time as the individual |
submits
to the examination if the
Board finds, after notice and |
hearing, that the refusal to submit to the
examination was |
without
reasonable cause.
|
(d) If the Board finds an individual unable to practice |
|
because of the
reasons
set forth in this
Section, the Board |
shall require the individual to submit to care, counseling,
or |
treatment by
physicians or clinical psychologists approved or |
designated by the Board, as a
condition, term, or
restriction |
for continued, reinstated, or renewed licensure, or
in lieu of |
care,
counseling, or treatment, the Board may recommend to the |
Department to file a
complaint to
immediately suspend, revoke, |
or otherwise discipline the license of the individual. Any
|
individual whose license was granted pursuant to this Act,
or
|
continued, reinstated,
renewed, disciplined, or supervised, |
subject to such conditions, terms, or
restrictions, who shall |
fail to
comply with such conditions, terms, or restrictions, |
shall be referred to the
Director for a
determination as to |
whether the individual shall have his or her license suspended
|
immediately, pending a hearing by the Board.
|
(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
|
(225 ILCS 105/17.9)
|
(Section scheduled to be repealed on January 1, 2012)
|
Sec. 17.9. Summary suspension of a license. The Director
|
may summarily
suspend a license without a hearing if the |
Director finds that evidence in
the
Director's possession
|
indicates that the continuation of practice would constitute an |
imminent
danger to the public , participants, including any |
contest officials, or the
individual involved or cause harm to |
the profession . If the Director summarily suspends the
license
|
|
without a hearing, a hearing must be commenced within 30 days |
after the
suspension has occurred
and concluded as |
expeditiously as practical.
|
(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
|
(225 ILCS 105/25.1)
|
(Section scheduled to be repealed on January 1, 2012)
|
Sec. 25.1. Medical Suspension. A licensee who is determined |
by the
examining
physician to
be unfit to compete or officiate |
shall be immediately suspended until it is
shown that he or she |
is fit for
further competition or officiating. If the licensee |
disagrees with a medical
suspension set at the
discretion of |
the ringside physician, he or she may request a hearing to show
|
proof of fitness. The
hearing shall be provided at the earliest |
opportunity after the Department
receives a written request
|
from the licensee.
|
If the referee has rendered a decision of technical |
knockout against a boxing
contestant or if
the contestant is |
knocked out other than by a blow to the head, the boxing
|
contestant shall be
immediately suspended for a period of not |
less than 30 days. In a mixed martial art contest, if the |
contestant has tapped out or has submitted, the referee shall |
stop the contest and the ringside physician shall determine the |
length of suspension.
|
If the boxing contestant has been knocked out by a blow to |
the head, he or
she shall be
suspended immediately for a period |
|
of not less than 45 days.
|
Prior to reinstatement, any boxing contestant suspended |
for his or her
medical protection shall
satisfactorily pass a |
medical examination upon the direction of the
Department. The |
examining
physician may require any necessary medical |
procedures during the
examination.
|
(Source: P.A. 91-408, eff. 1-1-00.)
|
(225 ILCS 105/26) (from Ch. 111, par. 5026)
|
(Section scheduled to be repealed on January 1, 2012)
|
Sec. 26. Home rule pre-emption. It is declared to be the |
public policy
of this State, pursuant to subsection (h) of
|
Section 6 of Article VII of the Illinois Constitution of 1970, |
that any power
or function set forth in this Act to be |
exercised by the State , including the
regulation of ultimate |
fighting exhibitions, is an exclusive State power or
function. |
Such power or function shall not be exercised concurrently, |
either
directly or indirectly, by any unit of local government, |
including home rule
units, except as otherwise provided in this |
Act.
|
(Source: P.A. 89-578, eff. 7-30-96.)
|
(225 ILCS 105/7.5 rep.)
|
Section 10. The Professional Boxing Act is amended by |
repealing Section 7.5.
|