97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1637

 

Introduced 2/15/2011, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Professional Boxing Act. Changes the short title to the Boxing and Full-contact Martial Arts Act. Provides that all professional and amateur contests, or combination of both, are prohibited unless authorized by the Department, unless one of the exemption applies. Provides that compensation for professional contests shall be determined by the Department and it shall be the promoters that pay the compensation. Requires a person to register as an amateur with the Department before competing in an amateur contest and provides requirements for an applicant to register as an amateur in a full-contact martial arts contest. Increases the civil penalty to $10,000 from $5,000 for anyone who violates the licensing provisions of the Act. Provides requirements for the logistics, including required medical personnel to be present, location and length of contests, and required officials to be present for professional or amateur, or combination of both, contests to be held in accordance with the Act. Requires promoters to pay to the Department of Revenue 3% of the first $500,000 and 4% of additional total gross receipts from the sale, lease, or other exploitation of broadcasting, including, but not limited to, Internet, cable, television, and motion picture rights for that professional or amateur contest in addition to payment of any other taxes or money due. Permits the Department to disclose information and documents related to an examination or investigation of a licensee, registrant, or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Makes other changes. Amends the Regulatory Sunset Act to extend the Act from January 1, 2012 to January 1, 2022. Effective immediately.


LRB097 10470 CEL 50722 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1637LRB097 10470 CEL 50722 b

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 Acts repealed on January 1, 2012.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8Acts are repealed on January 1, 2012: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

 

 

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1    Section 10. The Professional Boxing Act is amended by
2changing the title of the Act and Sections 0.05, 1, 6, 7, 8,
310, 10.5, 11, 12, 13, 14, 15, 16, 17.7, 17.9, 17.10, 18, 19,
419.1, 19.2, 19.5, 20, and 25.1 and by adding Sections 10.1,
511.5, and 24.5 as follows:
 
6    (225 ILCS 105/Act title)
7An Act in relation to professional boxing and full-contact
8martial arts.
 
9    (225 ILCS 105/0.05)
10    (Section scheduled to be repealed on January 1, 2012)
11    Sec. 0.05. Declaration of public policy. Professional
12boxing and full-contact martial arts contests in the State of
13Illinois, and amateur boxing and full-contact martial arts
14contests events, are hereby declared to affect the public
15health, safety, and welfare and to be subject to regulation and
16control in the public interest. It is further declared to be a
17matter of public interest and concern that these contests and
18events, as defined in this Act, merit and receive the
19confidence of the public and that only qualified persons be
20authorized to participate in these contests and events in the
21State of Illinois. This Act shall be liberally construed to
22best carry out these objects and purposes.
23(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 105/1)  (from Ch. 111, par. 5001)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 1. Short title and definitions.
4    (a) This Act may be cited as the Boxing and Full-contact
5Martial Arts Act Professional Boxing Act.
6    (b) As used in this Act:
7        1. "Department" means the Department of Financial and
8    Professional Regulation.
9        2. "Secretary" means the Secretary of Financial and
10    Professional Regulation.
11        3. "Board" means the State of Illinois Athletic
12    Professional Boxing Board appointed by the Secretary.
13        4. "License" means the license issued for promoters,
14    professionals contestants, or officials in accordance with
15    this Act.
16        5. (Blank).
17        "Professional contest" 6. "Contest" means a
18    professional boxing or professional full-contact martial
19    arts competition in which all of the participants competing
20    against one another are professionals match or exhibition.
21        7. (Blank).
22        8. (Blank).
23        9. "Permit" means the authorization from the
24    Department to a promoter to conduct professional or amateur
25    contests or a combination of both contests.

 

 

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1        10. "Promoter" means a person who is licensed and who
2    holds a permit to conduct professional or amateur contests
3    or a combination of both.
4        11. Unless the context indicates otherwise, "person"
5    includes, but is not limited to, an individual,
6    association, organization, business entity, gymnasium, or
7    club.
8        12. (Blank).
9        13. (Blank).
10        14. (Blank).
11        15. "Judge" means a person licensed by the Department
12    who is located at ringside or adjacent to the fighting area
13    during a professional contest and who has the
14    responsibility of scoring the performance of the
15    participants in that professional the contest.
16        16. "Referee" means a person licensed by the Department
17    who has the general supervision of a contest and is present
18    inside of the ring or fighting area during a professional
19    the contest.
20        17. "Amateur" means a person registered by the
21    Department who is not competing for, and has never received
22    or competed for, any purse or other article of value,
23    directly or indirectly, either for participating in any
24    contest or for the expenses of training therefor, other
25    than a non-monetary prize that does not exceed $50 in
26    value.

 

 

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1        "Professional" 18. "Contestant" means a person
2    licensed by the Department who competes for a money prize,
3    purse, or other type of compensation in a professional
4    contest held in Illinois.
5        19. "Second" means a person licensed by the Department
6    who is present at any professional contest to provide
7    assistance or advice to a professional contestant during
8    the contest.
9        20. "Matchmaker" means a person licensed by the
10    Department who brings together professionals to compete in
11    contestants or procures contests for contestants.
12        21. "Manager" means a person licensed by the Department
13    who is not a promoter and who, under contract, agreement,
14    or other arrangement with any contestant, undertakes to,
15    directly or indirectly, control or administer the affairs
16    of professionals contestants.
17        22. "Timekeeper" means a person licensed by the
18    Department who is the official timer of the length of
19    rounds and the intervals between the rounds.
20        23. "Purse" means the financial guarantee or any other
21    remuneration for which contestants are participating in a
22    professional contest.
23        24. "Physician" means a person licensed to practice
24    medicine in all its branches under the Medical Practice Act
25    of 1987.
26        25. "Martial arts" means a discipline or combination of

 

 

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1    different disciplines that utilizes sparring techniques
2    without the intent to injure, disable, or incapacitate
3    one's opponent, such as, but not limited to, Karate, Kung
4    Fu, Judo, and Tae Kwon Do.
5        26. "Full-contact martial arts" means the use of a
6    singular discipline or a combination of techniques from
7    different disciplines of the martial arts, including,
8    without limitation, full-force grappling, kicking, and
9    striking with the intent to injure, disable, or
10    incapacitate one's opponent.
11        27. "Amateur contest full-contact martial arts event"
12    means a boxing or full-contact martial arts competition in
13    match or exhibition which all of the participants competing
14    against one another are amateurs.
15        "Contestant" means a person who competes in either a
16    boxing or full-contact martial arts contest.
17        "Address of record" means the designated address
18    recorded by the Department in the applicant's or licensee's
19    application file or license file as maintained by the
20    Department's licensure maintenance unit. It is the duty of
21    the applicant or licensee to inform the Department of any
22    change of address and those changes must be made either
23    through the Department's website or by contacting the
24    Department.
25        "Bout" means one match between 2 contestants.
26(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 105/6)  (from Ch. 111, par. 5006)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 6. Restricted contests and events.
4    (a) All professional and amateur contests or a combination
5of both in which physical contact is made are prohibited in
6Illinois unless authorized by the Department pursuant to the
7requirements and standards stated in this Act and the rules
8adopted pursuant to this Act. This subsection (a) does not
9apply to any of the following:
10        (1) Amateur boxing or full-contact martial arts
11    contests conducted by accredited secondary schools,
12    colleges, or universities, although a fee may be charged.
13        (2) Amateur boxing contests that are sanctioned by USA
14    Boxing or any other sanctioning organization approved by
15    the Association of Boxing Commissions.
16        (3) Amateur boxing contests conducted by a State,
17    county, or municipal entity.
18        (4) Amateur martial arts or full-contact martial arts
19    contests, as defined by this Act, that are recognized by
20    the International Olympic Committee and are contested in
21    the Olympic Games and are not conducted in an enclosed
22    fighting area or ring.
23    Notwithstanding any provision of subsection (a), amateur
24boxing or full-contact martial arts contests conducted by
25institutions, including, but not limited to, gyms, clubs, or

 

 

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1other organizations that furnish instruction in boxing or
2full-contact martial arts are not exempt.
3    No other amateur boxing contests shall be permitted unless
4authorized by the Department.
5    (b) The Department shall have the authority to determine
6whether a professional or amateur contest is exempt for
7purposes of this Section. Department authorization is not
8required for amateur full-contact martial arts events
9conducted in a manner that provides substantially similar
10protections for the health, safety, and welfare of the
11participants and the public as are required for professional
12events by this Act and the rules adopted by the Department
13under this Act. Those protections shall include, at a minimum,
14onsite medical staff and equipment, trained officials,
15adequate insurance coverage, weight classes, use of
16appropriate safety equipment by participants, adequate and
17safe competition surfaces, and standards regarding striking
18techniques and fouls. Anyone conducting an amateur
19full-contact martial arts event shall notify the Department in
20writing of the date, time, and location of that event at least
2120 days prior to the event. Failure to comply with the
22requirements of this Section shall render the event prohibited
23and unauthorized by the Department, and persons involved in the
24event are subject to the procedures and penalties set forth in
25Section 10.5.
26(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 105/7)  (from Ch. 111, par. 5007)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 7. In order to conduct a professional contest or,
4beginning 6 months after the adoption of rules pertaining to an
5amateur contest, an amateur contest, or a combination of both
6in this State, a promoter shall obtain a permit issued by the
7Department in accordance with this Act and the rules and
8regulations adopted pursuant thereto. This permit shall
9authorize one or more professional or amateur contests or a
10combination of both. A permit issued under this Act is not
11transferable.
12(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
13    (225 ILCS 105/8)  (from Ch. 111, par. 5008)
14    (Section scheduled to be repealed on January 1, 2012)
15    Sec. 8. Permits.
16    (a) A promoter who desires to obtain a permit to conduct a
17professional or amateur contest or a combination of both shall
18apply to the Department at least 20 days prior to the event, in
19writing, on forms furnished by the Department. The application
20shall be accompanied by the required fee and shall contain, but
21not be limited to, at least the following information to be
22submitted at times specified by rule:
23        (1) the legal names and addresses of the promoter;
24        (2) the name of the matchmaker;

 

 

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

 

 

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1    the health and safety of professionals' or amateurs' while
2    participating in the contest;
3        (6) the (2) The names of the professionals or amateurs
4    competing; contestants.
5        (7) proof (3) Proof of insurance for not less than
6    $50,000 as further defined by rule for each professional or
7    amateur contestant participating in a professional or
8    amateur contest or a combination of both; insurance .
9    Insurance required under this paragraph (6) subsection
10    shall cover (i) hospital, medication, physician, and other
11    such expenses as would accrue in the treatment of an injury
12    as a result of the professional or amateur contest; and
13    (ii) payment to the estate of the professional or amateur
14    contestant in the event of his or her death as a result of
15    his or her participation in the professional or amateur
16    contest; and (iii) accidental death and dismemberment; .
17    (c) All promoters shall provide to the Department, at least
1824 hours prior to commencement of the event, the
19        (8) the amount of the purses purse to be paid to the
20    professionals for the event; the . The Department shall
21    adopt promulgate rules for payment of the purses; purse.
22        (9) organizational or internationally accepted rules,
23    per discipline, for professional or amateur full-contact
24    martial arts contests where the Department does not provide
25    the rules; and
26        (10) any other information that the Department may

 

 

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1    require to determine whether a permit shall be issued.
2    (d) The contest shall be held in an area where adequate
3neurosurgical facilities are immediately available for skilled
4emergency treatment of an injured contestant. It is the
5responsibility of the promoter to ensure that the building to
6be used for the event complies with all laws, ordinances, and
7regulations in the city, town, or village where the contest is
8to be held.
9    (b) The Department may issue a permit to any promoter who
10meets the requirements of this Act and the rules. The permit
11shall only be issued for a specific date and location of a
12professional or amateur contest or a combination of both and
13shall not be transferable. The In an emergency, the Department
14may allow a promoter to amend a permit application to hold a
15professional or amateur contest or a combination of both in a
16different location other than the application specifies and may
17allow the promoter to substitute professionals or amateurs,
18respectively contestants.
19    (c) (e) The Department shall be responsible for assigning
20the judges, timekeepers, referees, and physicians, and medical
21personnel for a professional contest. Compensation shall be
22determined by the Department, and it It shall be the
23responsibility of the promoter to pay cover the cost of the
24individuals utilized at a contest.
25(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 105/10)  (from Ch. 111, par. 5010)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 10. Who must be licensed. In order to participate in
4professional contests the following persons must each be
5licensed and in good standing with the Department: (a)
6promoters, (b) professionals contestants, (c) seconds, (d)
7referees, (e) judges, (f) managers, (g) matchmakers, and (h)
8timekeepers.
9    Announcers may participate in professional or amateur
10contests without being licensed under this Act. It shall be the
11responsibility of the promoter to ensure that announcers comply
12with the Act, and all rules and regulations promulgated
13pursuant to this Act.
14    A licensed promoter may not act as, and cannot be licensed
15as, a second, professional contestant, referee, timekeeper,
16judge, or manager. If he or she is so licensed, he or she must
17relinquish any of these licenses to the Department for
18cancellation. A person possessing a valid promoter's license
19may act as a matchmaker.
20(Source: P.A. 95-593, eff. 6-1-08.)
 
21    (225 ILCS 105/10.1 new)
22    Sec. 10.1. Registration of amateurs. Beginning 6 months
23after the adoption of rules providing for the registration of
24amateurs under this Act, it shall be unlawful for any person to
25compete as an amateur unless he or she is registered and in

 

 

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1good standing with the Department or is otherwise exempt from
2registration under this Act. A person who is required to
3register shall apply to the Department, in writing, on forms
4provided by the Department.
 
5    (225 ILCS 105/10.5)
6    (Section scheduled to be repealed on January 1, 2012)
7    Sec. 10.5. Unlicensed practice; violation; civil penalty.
8    (a) Any person who practices, offers to practice, attempts
9to practice, or holds oneself out to practice as a promoter,
10professional contestant, second, referee, judge, manager,
11matchmaker, or timekeeper without being licensed under this Act
12shall, in addition to any other penalty provided by law, pay a
13civil penalty to the Department in an amount not to exceed
14$10,000 $5,000 for each offense as determined by the
15Department. The civil penalty shall be assessed by the
16Department after a hearing is held in accordance with the
17provisions set forth in this Act regarding the provision of a
18hearing for the discipline of a licensee.
19    (b) The Department has the authority and power to
20investigate any and all unlicensed activity.
21    (c) The civil penalty shall be paid within 60 days after
22the effective date of the order imposing the civil penalty. The
23order shall constitute a judgment and may be filed and
24execution had thereon in the same manner as any judgment from
25any court of record.

 

 

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1(Source: P.A. 95-593, eff. 6-1-08.)
 
2    (225 ILCS 105/11)  (from Ch. 111, par. 5011)
3    (Section scheduled to be repealed on January 1, 2012)
4    Sec. 11. Qualifications for license. The Department shall
5grant licenses to the following persons if the following
6qualifications are met:
7        (1) (A) An applicant for licensure as a professional
8    contestant in a contest must: (1) be 18 years old, (2) be
9    of good moral character, (3) file an application stating
10    the applicant's legal correct name (and no assumed or ring
11    name may be used unless such name is registered with the
12    Department along with the applicant's legal correct name),
13    date and place of birth, place of current residence, and a
14    sworn statement that he is not currently in violation of
15    any federal, State or local laws or rules governing boxing
16    or full-contact martial arts, (4) file a certificate from
17    of a physician licensed to practice medicine in all of its
18    branches which attests that the applicant is physically fit
19    and qualified to participate in professional contests, and
20    (5) pay the required fee and meet any other requirements.
21    Applicants over age 35 who have not competed in a
22    professional or amateur contest within the last 36 months
23    may be required to appear before the Department Board to
24    determine their fitness to participate in a professional
25    contest. A picture identification card shall be issued to

 

 

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1    all professionals contestants licensed by the Department
2    who are residents of Illinois or who are residents of any
3    jurisdiction, state, or country that does not regulate
4    professional boxing or full-contact martial arts. The
5    identification card shall be presented to the Department or
6    its representative upon request at weigh-ins.
7        (2) (B) An applicant for licensure as a referee, judge,
8    manager, second, matchmaker, or timekeeper must: (1) be of
9    good moral character, (2) file an application stating the
10    applicant's name, date and place of birth, and place of
11    current residence along with a certifying statement that he
12    is not currently in violation of any federal, State, or
13    local laws or rules governing boxing, or full-contact
14    martial arts, (3) have had satisfactory experience in his
15    field, (4) pay the required fee, and (5) meet any other
16    requirements as determined by rule.
17        (3) (C) An applicant for licensure as a promoter must:
18    (1) be of good moral character, (2) file an application
19    with the Department stating the applicant's name, date and
20    place of birth, place of current residence along with a
21    certifying statement that he is not currently in violation
22    of any federal, State, or local laws or rules governing
23    boxing or full-contact martial arts, (3) provide proof of a
24    surety bond of no less than $5,000 to cover financial
25    obligations pursuant to this Act, payable to the Department
26    and conditioned for the payment of the tax imposed by this

 

 

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

 

 

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

 

 

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1    (b) Each professional or amateur contestant shall be
2examined before entering the contest ring and promptly
3immediately after each bout contest by a physician licensed to
4practice medicine in all of its branches. The physician shall
5determine, prior to the contest, if each professional or
6amateur contestant is physically fit to compete engage in the
7contest. After the bout contest the physician shall examine the
8professional or amateur contestant to determine possible
9injury. If the professional's or amateur's contestant's
10physical condition so indicates, the physician shall recommend
11to the Department immediate medical suspension. The physician
12or a licensed emergency medical technician-paramedic (EMT-P)
13must check the vital signs of all contestants as established by
14rule.
15    (c) The physician may, at any time during the professional
16or amateur bout contest, stop the professional or amateur bout
17contest to examine a professional or amateur contestant, and
18may direct the referee to terminate the bout contest when, in
19the physician's opinion, continuing the bout contest could
20result in serious injury to the professional or amateur
21contestant. If the professional's or amateur's physical
22condition so indicates, the physician shall recommend to the
23Department immediate medical suspension. The physician shall
24certify to the condition of the professional or amateur
25contestant in writing, over his signature on forms provided by
26the Department. Such reports shall be submitted to the

 

 

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1Department in a timely manner. The physician shall be paid by
2the promoter a fee fixed by the Department. No contest shall be
3held unless a physician licensed to practice medicine in all of
4its branches is in attendance.
5    (d) No professional or amateur contest or a combination of
6both shall be allowed to begin or be held unless at least one
7physician, and 2 EMT-Ps, trained paramedics or 2 nurses who are
8trained to administer emergency medical care and at least one
9ambulance have been contracted with dedicated solely for the
10care of professionals or amateurs who are competing as defined
11by rule contestants are present.
12    (e) No professional boxing bout contest shall be more than
1312 rounds in length. The rounds shall not be more than 3
14minutes each with a one minute interval between them, and no
15professional boxer shall be allowed to participate in more than
16one contest within a 7-day period 12 rounds within 72
17consecutive hours.
18    The number and length of rounds for all other professional
19or amateur boxing or full-contact martial arts bouts contests
20shall be established by rule.
21    (f) The number and types of officials required for each
22professional or amateur contest shall be determined by rule. At
23each contest there shall be a referee in attendance who shall
24direct and control the contest. The referee, before each
25contest, shall learn the name of the contestant's chief second
26and shall hold the chief second responsible for the conduct of

 

 

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

 

 

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

 

 

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1of tickets sold for the professional or amateur contest or a
2combination of both or the actual ticket stubs of tickets sold
3and the amount of the gross proceeds thereof; and (2) pay to
4the Department a tax of 7% 3% of the first $500,000 of gross
5receipts from the sale of admission tickets, to be collected by
6the Department of Revenue and placed in the General Revenue
7Fund.
8    In addition to the payment of any other taxes and money due
9under this Section, every promoter shall pay to the Department
10of Revenue 3% of the first $500,000 and 4% thereafter of the
11total gross receipts from the sale, lease, or other
12exploitation of broadcasting, including, but not limited to,
13Internet, cable, television, and motion picture rights for that
14professional or amateur contest or exhibition without any
15deductions for commissions, brokerage fees, distribution fees,
16advertising, professional contestants' purses, or any other
17expenses or charges. These fees shall be collected by the
18Department of Revenue and placed in the General Revenue Fund.
19(Source: P.A. 95-593, eff. 6-1-08.)
 
20    (225 ILCS 105/14)  (from Ch. 111, par. 5014)
21    (Section scheduled to be repealed on January 1, 2012)
22    Sec. 14. Failure to report ticket sales and tax. If the
23permit holder fails to make a report as required by Section 13,
24or if such report is unsatisfactory, the Department of Revenue
25may examine or cause to be examined the books and records of

 

 

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1any such holder or his associates or any other person as a
2witness under oath to determine the total amount of tax due
3under this Act.
4    If it is determined that there has been a default in the
5payment of a tax, the promoter shall be given 20 days notice of
6the amount due which shall include the expenses incurred in
7making the examination.
8    If the promoter does not pay the amount due he shall be
9disqualified from obtaining a permit under this Act and the
10Attorney General shall institute suit upon the bond filed
11pursuant to this Act to recover the tax or penalties imposed by
12this Act.
13(Source: P.A. 91-408, eff. 1-1-00.)
 
14    (225 ILCS 105/15)  (from Ch. 111, par. 5015)
15    (Section scheduled to be repealed on January 1, 2012)
16    Sec. 15. Inspectors. The Secretary Director may appoint
17inspectors to assist the Department staff in the administration
18of the Act. Each inspector appointed by the Secretary Director
19shall receive compensation for each day he or she is engaged in
20the transacting of business of the Department. Each inspector
21shall carry a card issued by the Department to authorize him or
22her to act in such capacity. The inspector or inspectors shall
23supervise each professional contest and, at the Department's
24discretion, may supervise each amateur contest to ensure that
25the provisions of the Act are strictly enforced. The inspectors

 

 

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1shall also be present at the counting of the gross receipts and
2shall immediately deliver to the Department the official box
3office statement as required by Section 13.
4(Source: P.A. 95-593, eff. 6-1-08.)
 
5    (225 ILCS 105/16)  (from Ch. 111, par. 5016)
6    (Section scheduled to be repealed on January 1, 2012)
7    Sec. 16. Discipline and sanctions.
8    (a) The Department may refuse to issue a permit, or
9license, or registration, refuse to renew, suspend, revoke,
10reprimand, place on probation, or take such other disciplinary
11or non-disciplinary action as the Department may deem proper,
12including the imposition of fines not to exceed $10,000 $5,000
13for each violation, with regard to any permit, license, or
14registration for one or any combination of the following
15reasons:
16        (1) gambling, betting, or wagering on the result of or
17    a contingency connected with a professional or amateur
18    contest or a combination of both permitting such activity
19    to take place;
20        (2) participating in or permitting a sham or fake
21    professional or amateur contest or a combination of both;
22        (3) holding the professional or amateur contest or a
23    combination of both at any other time or place than is
24    stated on the permit application;
25        (4) permitting any professional or amateur contestant

 

 

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1    other than those stated on the permit application to
2    participate in a professional or amateur contest or a
3    combination of both, except as provided in Section 9;
4        (5) violation or aiding in the violation of any of the
5    provisions of this Act or any rules or regulations
6    promulgated thereto;
7        (6) violation of any federal, State or local laws of
8    the United States or other jurisdiction governing
9    professional or amateur contests or any regulation
10    promulgated pursuant thereto;
11        (7) charging a greater rate or rates of admission than
12    is specified on the permit application;
13        (8) failure to obtain all the necessary permits,
14    registrations, or licenses as required under this Act;
15        (9) failure to file the necessary bond or to pay the
16    gross receipts tax as required by this Act;
17        (10) engaging in dishonorable, unethical or
18    unprofessional conduct of a character likely to deceive,
19    defraud or harm the public, or which is detrimental to
20    honestly conducted contests;
21        (11) employment of fraud, deception or any unlawful
22    means in applying for or securing a permit or license under
23    this Act;
24        (12) permitting a physician making the physical
25    examination to knowingly certify falsely to the physical
26    condition of a professional or amateur contestant;

 

 

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1        (13) permitting professional or amateur contestants of
2    widely disparate weights or abilities to engage in
3    professional or amateur contests, respectively;
4        (14) participating in a professional contest as a
5    professional contestant while under medical suspension in
6    this State or in any other state, territory or country;
7        (15) physical illness, including, but not limited to,
8    deterioration through the aging process, or loss of motor
9    skills which results in the inability to participate in
10    contests with reasonable judgment, skill, or safety;
11        (16) allowing one's license or permit issued under this
12    Act to be used by another person;
13        (17) failing, within a reasonable time, to provide any
14    information requested by the Department as a result of a
15    formal or informal complaint;
16        (18) professional incompetence;
17        (19) failure to file a return, or to pay the tax,
18    penalty or interest shown in a filed return, or to pay any
19    final assessment of tax, penalty or interest, as required
20    by any tax Act administered by the Illinois Department of
21    Revenue, until such time as the requirements of any such
22    tax Act are satisfied;
23        (20) (blank);
24        (21) habitual or excessive use or addiction to alcohol,
25    narcotics, stimulants, or any other chemical agent or drug
26    that results in an inability to participate in an event; or

 

 

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1        (22) failure to stop a professional or amateur contest
2    or a combination of both when requested to do so by the
3    Department; .
4        (23) failure of a promoter to adequately supervise and
5    enforce this Act and its rules as applicable to amateur
6    contests, as set forth in rule; or
7        (24) a finding by the Department that the licensee,
8    after having his or her license placed on probationary
9    status, has violated the terms of probation.
10    (b) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission as
12provided in the Mental Health and Developmental Disabilities
13Code operates as an automatic suspension. The suspension will
14end only upon a finding by a court that the licensee is no
15longer subject to involuntary admission or judicial admission,
16issuance of an order so finding and discharging the licensee,
17and upon the recommendation of the Board to the Director that
18the licensee be allowed to resume his or her practice.
19    (c) In enforcing this Section, the Department Board, upon a
20showing of a possible violation, may compel any individual
21licensed to practice under this Act, or who has applied for
22licensure pursuant to this Act, to submit to a mental or
23physical examination, or both, as required by and at the
24expense of the Department. The examining physicians or clinical
25psychologists shall be those specifically designated by the
26Department Board. The Board or the Department may order the

 

 

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1examining physician or clinical psychologist to present
2testimony concerning this mental or physical examination of the
3licensee or applicant. No information shall be excluded by
4reason of any common law or statutory privilege relating to
5communications between the licensee or applicant and the
6examining physician or clinical psychologist. Eye examinations
7may be provided by a licensed and certified therapeutic
8optometrist. The individual to be examined may have, at his or
9her own expense, another physician of his or her choice present
10during all aspects of the examination. Failure of any
11individual to submit to a mental or physical examination, when
12directed, shall be grounds for suspension of a license until
13such time as the individual submits to the examination if the
14Board finds, after notice and hearing, that the refusal to
15submit to the examination was without reasonable cause.
16    (d) If the Board finds an individual unable to practice
17because of the reasons set forth in this Section, the Board
18shall require the individual to submit to care, counseling, or
19treatment by physicians or clinical psychologists approved or
20designated by the Board, as a condition, term, or restriction
21for continued, reinstated, or renewed licensure, or in lieu of
22care, counseling, or treatment, the Board may recommend to the
23Department to file a complaint to immediately suspend, revoke,
24or otherwise discipline the license of the individual. Any
25individual whose license was granted pursuant to this Act, or
26continued, reinstated, renewed, disciplined, or supervised,

 

 

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1subject to such conditions, terms, or restrictions, who shall
2fail to comply with such conditions, terms, or restrictions,
3shall be referred to the Director for a determination as to
4whether the individual shall have his or her license suspended
5immediately, pending a hearing by the Board.
6(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
7    (225 ILCS 105/17.7)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 17.7. Restoration of license from discipline
10suspended or revoked license. At any time after the successful
11completion of a term of indefinite probation, suspension, or
12revocation of a license, the Department may restore the license
13to the licensee, unless after an investigation and hearing the
14Secretary determines that restoration is not in the public
15interest. No person or entity whose license, certificate, or
16authority has been revoked as authorized in this Act may apply
17for restoration of that license, certification, or authority
18until such time as provided for in the Civil Administrative
19Code of Illinois. At any time after the suspension or
20revocation of a license, the Department may restore it to the
21licensee upon the written recommendation of the Board, unless
22after an investigation and a hearing the Board determines that
23restoration is not in the public interest.
24(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 

 

 

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1    (225 ILCS 105/17.9)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 17.9. Summary suspension of a license or registration.
4The Secretary Director may summarily suspend a license or
5registration without a hearing if the Secretary Director finds
6that evidence in the Secretary's Director's possession
7indicates that the continuation of practice would constitute an
8imminent danger to the public, participants, including any
9professional contest officials, or the individual involved or
10cause harm to the profession. If the Secretary Director
11summarily suspends the license without a hearing, a hearing
12must be commenced within 30 days after the suspension has
13occurred and concluded as expeditiously as practical.
14(Source: P.A. 95-593, eff. 6-1-08.)
 
15    (225 ILCS 105/17.10)
16    (Section scheduled to be repealed on January 1, 2012)
17    Sec. 17.10. Administrative review; venue.
18    (a) All final administrative decisions of the Department
19are subject to judicial review under the Administrative Review
20Law and its rules. The term "administrative decision" is
21defined as in Section 3-101 of the Code of Civil Procedure.
22    (b) Proceedings for judicial review shall be commenced in
23the circuit court of the county in which the party applying for
24relief review resides, but if the party is not a resident of
25Illinois, the venue shall be in Sangamon County.

 

 

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1    (c) The Department shall not be required to certify any
2record to the court or file any answer in court or otherwise
3appear in any court in a judicial review proceeding, unless and
4until the Department has received from the plaintiff payment of
5the costs of furnishing and certifying the record, which costs
6shall be determined by the Department. Failure on the part of
7the plaintiff to file a receipt in court shall be grounds for
8dismissal of the action.
9(Source: P.A. 91-408, eff. 1-1-00.)
 
10    (225 ILCS 105/18)  (from Ch. 111, par. 5018)
11    (Section scheduled to be repealed on January 1, 2012)
12    Sec. 18. Investigations; notice and hearing. The
13Department may investigate the actions of any applicant or of
14any person or persons promoting or participating in a
15professional or amateur contest or any person holding or
16claiming to hold a license. The Department shall, before
17revoking, suspending, placing on probation, reprimanding, or
18taking any other disciplinary action under this Act, at least
1930 days before the date set for the hearing, (i) notify the
20accused in writing of the charges made and the time and place
21for the hearing on the charges, (ii) direct him or her to file
22a written answer to the charges with the Department Board under
23oath within 20 days after the service on him or her of the
24notice, and (iii) inform the accused that, if he or she fails
25to answer, default will be taken against him or her or that his

 

 

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1or her license may be suspended, revoked, or placed on
2probationary status or that other disciplinary action may be
3taken with regard to the license, including limiting the scope,
4nature, or extent of his or her practice, as the Department may
5consider proper. At the time and place fixed in the notice, the
6hearing officer Board shall proceed to hear the charges, and
7the parties or their counsel shall be accorded ample
8opportunity to present any pertinent statements, testimony,
9evidence, and arguments. The hearing officer Board may continue
10the hearing from time to time. In case the person, after
11receiving the notice, fails to file an answer, his or her
12license may, in the discretion of the Department, be suspended,
13revoked, or placed on probationary status or the Department may
14take whatever disciplinary action considered proper, including
15limiting the scope, nature, or extent of the person's practice
16or the imposition of a fine, without a hearing, if the act or
17acts charged constitute sufficient grounds for that action
18under this Act. The written notice may be served by personal
19delivery or by certified mail to the person's address of record
20specified by the accused in his or her last notification with
21the Department.
22(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
23    (225 ILCS 105/19)  (from Ch. 111, par. 5019)
24    (Section scheduled to be repealed on January 1, 2012)
25    Sec. 19. Findings and recommendations. At the conclusion of

 

 

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

 

 

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1hearing officer Board, the Secretary Director may issue an
2order in contravention of the hearing officer's Board
3recommendations. The Director shall provide a written report to
4the Board on any disagreement and shall specify the reasons for
5the action in the final order. The finding is not admissible in
6evidence against the person in a criminal prosecution brought
7for a violation of this Act, but the hearing and finding are
8not a bar to a criminal prosecution brought for a violation of
9this Act.
10(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
11    (225 ILCS 105/19.1)  (from Ch. 111, par. 5019.1)
12    (Section scheduled to be repealed on January 1, 2012)
13    Sec. 19.1. Appointment of a hearing officer. The Secretary
14Director has the authority to appoint any attorney duly
15licensed to practice law in the State of Illinois to serve as
16the hearing officer in any action for refusal to issue,
17restore, or renew a license or discipline of a licensee. The
18hearing officer has full authority to conduct the hearing. The
19hearing officer shall report his or her findings of fact,
20conclusions of law, and recommendations to the Board and the
21Secretary Director. The Board shall have 60 days from receipt
22of the report to review the report of the hearing officer and
23present its findings of fact, conclusions of law and
24recommendations to the Director. If the Board fails to present
25its report within the 60 day period, the Director may issue an

 

 

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1order based on the report of the hearing officer. If the
2Secretary Director determines that the hearing officer's
3Board's report is contrary to the manifest weight of the
4evidence, he may issue an order in contravention of the
5recommendation. The Director shall promptly provide a written
6report of the Board on any deviation and shall specify the
7reasons for the action in the final order.
8(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
9    (225 ILCS 105/19.2)
10    (Section scheduled to be repealed on January 1, 2012)
11    Sec. 19.2. Subpoenas; depositions; oaths. The Department
12has the power to subpoena documents, books, records, or other
13materials and to bring before it any person and to take
14testimony either orally or by deposition, or both, with the
15same fees and mileage and in the same manner as prescribed in
16civil cases in the courts of this State.
17    The Secretary Director, the designated hearing officer,
18and every member of the Department Board has the power to
19administer oaths to witnesses at any hearing that the
20Department is authorized to conduct and any other oaths
21authorized in any Act administered by the Department.
22(Source: P.A. 91-408, eff. 1-1-00.)
 
23    (225 ILCS 105/19.5)
24    (Section scheduled to be repealed on January 1, 2012)

 

 

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1    Sec. 19.5. Order or certified copy; prima facie proof. An
2order or certified copy thereof, over the seal of the
3Department and purporting to be signed by the Secretary
4Director, is prima facie proof that:
5        (1) the signature is the genuine signature of the
6    Secretary Director; and
7        (2) the Secretary Director is duly appointed and
8    qualified. ; and
9        (3) the Board and its members are qualified to act.
10(Source: P.A. 91-408, eff. 1-1-00.)
 
11    (225 ILCS 105/20)  (from Ch. 111, par. 5020)
12    (Section scheduled to be repealed on January 1, 2012)
13    Sec. 20. Stenographer; transcript. The Department, at its
14expense, shall provide a stenographer to take down the
15testimony and preserve a record of all proceedings at the
16hearing of any case wherein a license or permit is subjected to
17disciplinary action. The notice of hearing, complaint and all
18other documents in the nature of pleadings and written motions
19filed in the proceedings, the transcript of testimony, the
20report of the hearing officer board and the orders of the
21Department shall be the record of the proceedings. The
22Department shall furnish a transcript of the record to any
23person interested in the hearing upon payment of the fee
24required under Section 2105-115 of the Department of
25Professional Regulation Law (20 ILCS 2105/2105-115).

 

 

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1(Source: P.A. 91-239, eff. 1-1-00.)
 
2    (225 ILCS 105/24.5 new)
3    Sec. 24.5. Confidentiality. All information collected by
4the Department in the course of an examination or investigation
5of a licensee, registrant, or applicant, including, but not
6limited to, any complaint against a licensee or registrant
7filed with the Department and information collected to
8investigate any such complaint, shall be maintained for the
9confidential use of the Department and shall not be disclosed.
10The Department may not disclose such information to anyone
11other than law enforcement officials, other regulatory
12agencies that have an appropriate regulatory interest as
13determined by the Secretary, or a party presenting a lawful
14subpoena to the Department. Information and documents
15disclosed to a federal, State, county, or local law enforcement
16agency shall not be disclosed by the agency for any purpose to
17any other agency or person. A formal complaint filed against a
18licensee or registrant by the Department or any order issued by
19the Department against a licensee, registrant, or applicant
20shall be a public record, except as otherwise prohibited by
21law.
 
22    (225 ILCS 105/25.1)
23    (Section scheduled to be repealed on January 1, 2012)
24    Sec. 25.1. Medical Suspension. A licensee or registrant who

 

 

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1is determined by the examining physician to be unfit to compete
2or officiate shall be immediately suspended until it is shown
3that he or she is fit for further competition or officiating.
4If the licensee or registrant disagrees with a medical
5suspension set at the discretion of the ringside physician, he
6or she may request a hearing to show proof of fitness. The
7hearing shall be provided at the earliest opportunity after the
8Department receives a written request from the licensee.
9    If the referee has rendered a decision of technical
10knockout against a professional or amateur contestant or if the
11professional or amateur contestant is knocked out other than by
12a blow to the head, the professional or amateur contestant
13shall be immediately suspended for a period of not less than 30
14days. In a full-contact martial arts contest, if the
15professional or amateur contestant has tapped out or has
16submitted, the referee shall stop the professional or amateur
17contest and the ringside physician shall determine the length
18of suspension.
19    If the professional or amateur contestant has been knocked
20out by a blow to the head, he or she shall be suspended
21immediately for a period of not less than 45 days.
22    Prior to reinstatement, any professional or amateur
23contestant suspended for his or her medical protection shall
24satisfactorily pass a medical examination upon the direction of
25the Department. The examining physician may require any
26necessary medical procedures during the examination.

 

 

HB1637- 40 -LRB097 10470 CEL 50722 b

1(Source: P.A. 95-593, eff. 6-1-08; 96-663, eff. 8-25-09.)
 
2    Section 15. The Unified Code of Corrections is amended by
3changing Section 5-5-5 as follows:
 
4    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
5    Sec. 5-5-5. Loss and Restoration of Rights.
6    (a) Conviction and disposition shall not entail the loss by
7the defendant of any civil rights, except under this Section
8and Sections 29-6 and 29-10 of The Election Code, as now or
9hereafter amended.
10    (b) A person convicted of a felony shall be ineligible to
11hold an office created by the Constitution of this State until
12the completion of his sentence.
13    (c) A person sentenced to imprisonment shall lose his right
14to vote until released from imprisonment.
15    (d) On completion of sentence of imprisonment or upon
16discharge from probation, conditional discharge or periodic
17imprisonment, or at any time thereafter, all license rights and
18privileges granted under the authority of this State which have
19been revoked or suspended because of conviction of an offense
20shall be restored unless the authority having jurisdiction of
21such license rights finds after investigation and hearing that
22restoration is not in the public interest. This paragraph (d)
23shall not apply to the suspension or revocation of a license to
24operate a motor vehicle under the Illinois Vehicle Code.

 

 

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1    (e) Upon a person's discharge from incarceration or parole,
2or upon a person's discharge from probation or at any time
3thereafter, the committing court may enter an order certifying
4that the sentence has been satisfactorily completed when the
5court believes it would assist in the rehabilitation of the
6person and be consistent with the public welfare. Such order
7may be entered upon the motion of the defendant or the State or
8upon the court's own motion.
9    (f) Upon entry of the order, the court shall issue to the
10person in whose favor the order has been entered a certificate
11stating that his behavior after conviction has warranted the
12issuance of the order.
13    (g) This Section shall not affect the right of a defendant
14to collaterally attack his conviction or to rely on it in bar
15of subsequent proceedings for the same offense.
16    (h) No application for any license specified in subsection
17(i) of this Section granted under the authority of this State
18shall be denied by reason of an eligible offender who has
19obtained a certificate of relief from disabilities, as defined
20in Article 5.5 of this Chapter, having been previously
21convicted of one or more criminal offenses, or by reason of a
22finding of lack of "good moral character" when the finding is
23based upon the fact that the applicant has previously been
24convicted of one or more criminal offenses, unless:
25        (1) there is a direct relationship between one or more
26    of the previous criminal offenses and the specific license

 

 

HB1637- 42 -LRB097 10470 CEL 50722 b

1    sought; or
2        (2) the issuance of the license would involve an
3    unreasonable risk to property or to the safety or welfare
4    of specific individuals or the general public.
5    In making such a determination, the licensing agency shall
6consider the following factors:
7        (1) the public policy of this State, as expressed in
8    Article 5.5 of this Chapter, to encourage the licensure and
9    employment of persons previously convicted of one or more
10    criminal offenses;
11        (2) the specific duties and responsibilities
12    necessarily related to the license being sought;
13        (3) the bearing, if any, the criminal offenses or
14    offenses for which the person was previously convicted will
15    have on his or her fitness or ability to perform one or
16    more such duties and responsibilities;
17        (4) the time which has elapsed since the occurrence of
18    the criminal offense or offenses;
19        (5) the age of the person at the time of occurrence of
20    the criminal offense or offenses;
21        (6) the seriousness of the offense or offenses;
22        (7) any information produced by the person or produced
23    on his or her behalf in regard to his or her rehabilitation
24    and good conduct, including a certificate of relief from
25    disabilities issued to the applicant, which certificate
26    shall create a presumption of rehabilitation in regard to

 

 

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1    the offense or offenses specified in the certificate; and
2        (8) the legitimate interest of the licensing agency in
3    protecting property, and the safety and welfare of specific
4    individuals or the general public.
5    (i) A certificate of relief from disabilities shall be
6issued only for a license or certification issued under the
7following Acts:
8        (1) the Animal Welfare Act; except that a certificate
9    of relief from disabilities may not be granted to provide
10    for the issuance or restoration of a license under the
11    Animal Welfare Act for any person convicted of violating
12    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
13    Care for Animals Act or Section 26-5 of the Criminal Code
14    of 1961;
15        (2) the Illinois Athletic Trainers Practice Act;
16        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
17    and Nail Technology Act of 1985;
18        (4) the Boiler and Pressure Vessel Repairer Regulation
19    Act;
20        (5) the Professional Boxing and Full-contact Martials
21    Arts Act ;
22        (6) the Illinois Certified Shorthand Reporters Act of
23    1984;
24        (7) the Illinois Farm Labor Contractor Certification
25    Act;
26        (8) the Interior Design Title Act;

 

 

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1        (9) the Illinois Professional Land Surveyor Act of
2    1989;
3        (10) the Illinois Landscape Architecture Act of 1989;
4        (11) the Marriage and Family Therapy Licensing Act;
5        (12) the Private Employment Agency Act;
6        (13) the Professional Counselor and Clinical
7    Professional Counselor Licensing Act;
8        (14) the Real Estate License Act of 2000;
9        (15) the Illinois Roofing Industry Licensing Act;
10        (16) the Professional Engineering Practice Act of
11    1989;
12        (17) the Water Well and Pump Installation Contractor's
13    License Act;
14        (18) the Electrologist Licensing Act;
15        (19) the Auction License Act;
16        (20) Illinois Architecture Practice Act of 1989;
17        (21) the Dietetic and Nutrition Services Practice Act;
18        (22) the Environmental Health Practitioner Licensing
19    Act;
20        (23) the Funeral Directors and Embalmers Licensing
21    Code;
22        (24) the Land Sales Registration Act of 1999;
23        (25) the Professional Geologist Licensing Act;
24        (26) the Illinois Public Accounting Act; and
25        (27) the Structural Engineering Practice Act of 1989.
26(Source: P.A. 96-1246, eff. 1-1-11.)
 

 

 

HB1637- 45 -LRB097 10470 CEL 50722 b

1    (225 ILCS 105/25 rep.)
2    Section 20. The Professional Boxing Act is amended by
3repealing Section 25.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.22
4    5 ILCS 80/4.32 new
5    225 ILCS 105/Act title
6    225 ILCS 105/0.05
7    225 ILCS 105/1from Ch. 111, par. 5001
8    225 ILCS 105/6from Ch. 111, par. 5006
9    225 ILCS 105/7from Ch. 111, par. 5007
10    225 ILCS 105/8from Ch. 111, par. 5008
11    225 ILCS 105/10from Ch. 111, par. 5010
12    225 ILCS 105/10.1 new
13    225 ILCS 105/10.5
14    225 ILCS 105/11from Ch. 111, par. 5011
15    225 ILCS 105/11.5 new
16    225 ILCS 105/12from Ch. 111, par. 5012
17    225 ILCS 105/13from Ch. 111, par. 5013
18    225 ILCS 105/14from Ch. 111, par. 5014
19    225 ILCS 105/15from Ch. 111, par. 5015
20    225 ILCS 105/16from Ch. 111, par. 5016
21    225 ILCS 105/17.7
22    225 ILCS 105/17.9
23    225 ILCS 105/17.10
24    225 ILCS 105/18from Ch. 111, par. 5018
25    225 ILCS 105/19from Ch. 111, par. 5019

 

 

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1    225 ILCS 105/19.1from Ch. 111, par. 5019.1
2    225 ILCS 105/19.2
3    225 ILCS 105/19.5
4    225 ILCS 105/20from Ch. 111, par. 5020
5    225 ILCS 105/24.5 new
6    225 ILCS 105/25.1
7    730 ILCS 5/5-5-5from Ch. 38, par. 1005-5-5
8    225 ILCS 105/25 rep.