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| (Section scheduled to be repealed on January 1, 2012)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| (Section scheduled to be repealed on January 1, 2012) |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