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Full Text of HB3743  102nd General Assembly

HB3743 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3743

 

Introduced 2/22/2021, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Boxing and Full-contact Martial Arts Act. Provides that, on and after January 1, 2023, a promoter for an amateur full-contact martial arts contest shall obtain a permit issued by the Department under the requirements and standards set forth in the Act and the rules of the Department of Financial and Professional Regulation and that the Department shall not approve a sanctioning body. Allows for electronic notice or delivery in various situations. Requires additional documentation to be submitted to the Department by a promoter. Provides that an applicant over age 35 who has not competed in a professional or amateur contest within the last 12 (rather than 36) months preceding the application may be required to appear before the Department to determine his or her fitness to participate in a contest. Increases from $35,000 to $50,000 the maximum amount of fees charged on amounts over $500,000 and increases the time in which to pay the fees to the Department. Makes changes related to addresses and email addresses of record, State of Illinois Athletic Board membership and terms, powers of the Board, powers and duties of the Department, restricted contests and events, licenses, discipline and sanctions, investigations and hearings, fines, fees for amateur full-contact martial arts events, violations of the Act, and medical suspensions. Repeals or reorganizes provisions relating to the Director of Professional Regulation, registration of amateurs, unlicensed practice, qualifications for registration, and others. Makes other changes. Amends the Regulatory Sunset Act. Extends the repeal date of the Boxing and Full-contact Martial Arts Act to January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately.


LRB102 14600 SPS 19953 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3743LRB102 14600 SPS 19953 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
5changing Section 4.32 and by adding Section 4.41 as follows:
 
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9    The Boxing and Full-contact Martial Arts Act.
10    The Cemetery Oversight Act.
11    The Collateral Recovery Act.
12    The Community Association Manager Licensing and
13Disciplinary Act.
14    The Crematory Regulation Act.
15    The Detection of Deception Examiners Act.
16    The Home Inspector License Act.
17    The Illinois Health Information Exchange and Technology
18Act.
19    The Medical Practice Act of 1987.
20    The Registered Interior Designers Act.
21    The Massage Licensing Act.
22    The Petroleum Equipment Contractors Licensing Act.
23    The Radiation Protection Act of 1990.

 

 

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1    The Real Estate Appraiser Licensing Act of 2002.
2    The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
6    (5 ILCS 80/4.41 new)
7    Sec. 4.41. Act repealed on January 1, 2032. The following
8Act is repealed on January 1, 2032:
9    The Boxing and Full-contact Martial Arts Act.
 
10    Section 10. The Boxing and Full-contact Martial Arts Act
11is amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 11,
1212, 13, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20,
1321, 22, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4
14and 2.5 as follows:
 
15    (225 ILCS 105/1)  (from Ch. 111, par. 5001)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 1. Short title and definitions.
18    (a) This Act may be cited as the Boxing and Full-contact
19Martial Arts Act.
20    (b) As used in this Act:
21        "Department" means the Department of Financial and
22    Professional Regulation.
23        "Secretary" means the Secretary of Financial and

 

 

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1    Professional Regulation or a person authorized by the
2    Secretary to act in the Secretary's stead.
3        "Board" means the State of Illinois Athletic Board
4    established pursuant to this Act.
5        "License" means the license issued for promoters,
6    professionals, amateurs, or officials in accordance with
7    this Act.
8        "Contest Professional contest" means a boxing or
9    full-contact martial arts competition in which all of the
10    participants competing against one another are
11    professionals or amateurs and where the public is able to
12    attend or a fee is charged.
13        "Permit" means the authorization from the Department
14    to a promoter to conduct professional or amateur contests,
15    or a combination of both.
16        "Promoter" means a person who is licensed and who
17    holds a permit to conduct professional or amateur
18    contests, or a combination of both.
19        Unless the context indicates otherwise, "person"
20    includes, but is not limited to, an individual,
21    association, organization, business entity, gymnasium, or
22    club.
23        "Judge" means a person licensed by the Department who
24    is located at ringside or adjacent to the fighting area
25    during a professional contest and who has the
26    responsibility of scoring the performance of the

 

 

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

 

 

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

 

 

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1        "Contestant" means a person who competes in either a
2    boxing or full-contact martial arts contest.
3        "Address of record" means the designated address
4    recorded by the Department in the applicant's or
5    licensee's application file or , license file, or
6    registration file as maintained by the Department's
7    licensure maintenance unit. It is the duty of the
8    applicant or licensee to inform the Department of any
9    change of address and those changes must be made either
10    through the Department's website or by contacting the
11    Department.
12        "Bout" means one match between 2 contestants.
13        "Sanctioning body" means an organization approved by
14    the Department under the requirements and standards stated
15    in this Act and the rules adopted under this Act to act as
16    a governing body that sanctions professional or amateur
17    full-contact martial arts contests.
18        "Email address of record" means the designated email
19    address recorded by the Department in the applicant's
20    application file or the licensee's license file as
21    maintained by the Department's licensure maintenance unit.
22(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
2397-1123, eff. 8-27-12.)
 
24    (225 ILCS 105/1.4 new)
25    Sec. 1.4. Address of record; email address of record. All

 

 

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1applicants and licensees shall:
2        (1) provide a valid address and email address to the
3    Department, which shall serve as the address of record and
4    email address of record, respectively, at the time of
5    application for licensure or renewal of a license; and
6        (2) inform the Department of any change of address of
7    record or email address of record within 14 days after
8    such change either through the Department's website or by
9    contacting the Department's licensure maintenance unit.
 
10    (225 ILCS 105/2)  (from Ch. 111, par. 5002)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 2. State of Illinois Athletic Board.
13    (a) The Secretary shall appoint members to the State of
14Illinois Athletic Board. The Board shall consist of 7 members
15who shall serve in an advisory capacity to the Secretary.
16There is created the State of Illinois Athletic Board
17consisting of 6 persons who shall be appointed by and shall
18serve in an advisory capacity to the Secretary, and the State
19Professional Boxing Board shall be disbanded. One member of
20the Board shall be a physician licensed to practice medicine
21in all of its branches. One member of the Board shall be a
22member of the full-contact martial arts community. One and one
23member of the Board shall be a member of either the
24full-contact martial arts community or the boxing community.
25The Secretary shall appoint each member to serve for a term of

 

 

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13 years and until his or her successor is appointed and
2qualified. One member of the board shall be designated as the
3Chairperson and one member shall be designated as the
4Vice-chairperson. No member shall be appointed to the Board
5for a term which would cause continuous service to be more than
69 years. Each member of the board shall receive compensation
7for each day he or she is engaged in transacting the business
8of the board and, in addition, shall be reimbursed for his or
9her authorized and approved expenses necessarily incurred in
10relation to such service in accordance with the travel
11regulations applicable to the Department at the time the
12expenses are incurred.
13    (b) Board members shall serve 5-year terms and until their
14successors are appointed and qualified.
15    (c) In appointing members to the Board, the Secretary
16shall give due consideration to recommendations by members and
17organizations of the martial arts and boxing industry.
18    (d) The membership of the Board should reasonably reflect
19representation from the geographic areas in this State.
20    (e) No member shall be appointed to the Board for a term
21that would cause his or her continuous service on the Board to
22be longer than 2 consecutive 5-year terms.
23    (f) The Secretary may terminate the appointment of any
24member for cause that in the opinion of the Secretary
25reasonably justified such termination, which may include, but
26is not limited to, a Board member who does not attend 2

 

 

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1consecutive meetings.
2    (g) Appointments to fill vacancies shall be made in the
3same manner as original appointments, for the unexpired
4portion of the vacated term.
5    (h) Four members of the Board shall constitute a quorum. A
6quorum is required for Board decisions.
7    (i) Members of the Board shall have no liability in any
8action based upon activity performed in good faith as members
9of the Board.
10    (j) Members of the Board may be reimbursed for all
11legitimate, necessary, and authorized expenses.
12    Four members shall constitute a quorum.
13    The members of the Board shall be immune from suit in any
14action based upon any disciplinary proceedings or other acts
15performed in good faith as members of the Board.
16    The Secretary may remove any member of the Board for
17misconduct, incapacity, or neglect of duty. The Secretary
18shall reduce to writing any causes for removal.
19(Source: P.A. 97-119, eff. 7-14-11.)
 
20    (225 ILCS 105/2.5 new)
21    Sec. 2.5. Powers and duties of the Board.
22    (a) Subject to the provisions of this Act, the Board shall
23exercise the following functions, powers, and duties:
24        (1) The Board shall hold at least one meeting each
25    year.

 

 

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1        (2) The Board shall elect a chairperson and a vice
2    chairperson.
3    (b) The Department may, at any time, seek the expert
4advice and knowledge of the Board on any matter relating to the
5enforcement of this Act.
 
6    (225 ILCS 105/5)  (from Ch. 111, par. 5005)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 5. Powers and duties of the Department. The
9Department shall, subject to the provisions of this Act,
10exercise the following functions, powers, and duties:
11        (1) Ascertain the qualifications and fitness of
12    applicants for license and permits.
13        (2) Adopt rules required for the administration of
14    this Act.
15        (3) Conduct hearings on proceedings to refuse to
16    issue, renew, or restore licenses and revoke, suspend,
17    place on probation, or reprimand those licensed under the
18    provisions of this Act.
19        (4) Issue licenses to those who meet the
20    qualifications of this Act and its rules.
21        (5) Conduct investigations related to possible
22    violations of this Act.
23The Department shall exercise, but subject to the provisions
24of this Act, the following functions, powers, and duties: (a)
25to ascertain the qualifications and fitness of applicants for

 

 

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1licenses and permits; (b) to prescribe rules and regulations
2for the administration of the Act; (c) to conduct hearings on
3proceedings to refuse to issue, refuse to renew, revoke,
4suspend, or subject to reprimand licenses or permits under
5this Act; and (d) to revoke, suspend, or refuse issuance or
6renewal of such licenses or permits.
7(Source: P.A. 92-499, eff. 1-1-02.)
 
8    (225 ILCS 105/6)  (from Ch. 111, par. 5006)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 6. Restricted contests and events.
11    (a) All professional and amateur contests, or a
12combination of both, in which physical contact is made are
13prohibited in Illinois unless authorized by the Department
14pursuant to the requirements and standards stated in this Act
15and the rules adopted pursuant to this Act. This subsection
16(a) does not apply to any of the following:
17        (1) Amateur boxing or full-contact martial arts
18    contests conducted by accredited secondary schools,
19    colleges, or universities, although a fee may be charged.
20        (2) Amateur boxing contests that are sanctioned by USA
21    Boxing or any other sanctioning organization approved by
22    the Department as determined by rule Association of Boxing
23    Commissions.
24        (3) Amateur boxing or full-contact martial arts
25    contests conducted by a State, county, or municipal

 

 

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1    entity, including those events held by any agency
2    organized under these entities.
3        (4) Amateur martial arts contests that are not defined
4    as full-contact martial arts contests under this Act,
5    including, but not limited to, Karate, Kung Fu, Judo,
6    Jujutsu, Tae Kwon Do, and Kyuki-Do.
7        (5) Full-contact martial arts contests, as defined by
8    this Act, that are recognized by the International Olympic
9    Committee or are contested in the Olympic Games and are
10    not conducted in an enclosed fighting area or ring.
11    No other amateur boxing or full-contact martial arts
12contests shall be permitted unless authorized by the
13Department.
14    (b) The Department shall have the authority to determine
15whether a professional or amateur contest is exempt for
16purposes of this Section.
17(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
1897-1123, eff. 8-27-12.)
 
19    (225 ILCS 105/7)  (from Ch. 111, par. 5007)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 7. Authorization to conduct contests; sanctioning
22bodies.
23    (a) In order to conduct a professional contest or,
24beginning 6 months after the adoption of rules pertaining to
25an amateur contest, an amateur contest, or a combination of

 

 

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1both, in this State, a promoter shall obtain a permit issued by
2the Department in accordance with this Act and the rules and
3regulations adopted pursuant thereto. This permit shall
4authorize one or more professional or amateur contests, or a
5combination of both.
6    (b) Before January 1, 2023, amateur Amateur full-contact
7martial arts contests must be registered and sanctioned by a
8sanctioning body approved by the Department for that purpose
9under the requirements and standards stated in this Act and
10the rules adopted under this Act.
11    (c) On and after January 1, 2023, a promoter for an amateur
12full-contact martial arts contest shall obtain a permit issued
13by the Department under the requirements and standards set
14forth in this Act and the rules adopted under this Act.
15    (d) On and after January 1, 2023, the Department shall not
16approve any sanctioning body. A sanctioning body's approval by
17the Department that was received before January 1, 2023 is
18withdrawn on January 1, 2023.
19    (e) A permit issued under this Act is not transferable.
20(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
21    (225 ILCS 105/8)  (from Ch. 111, par. 5008)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 8. Permits.
24    (a) A promoter who desires to obtain a permit to conduct a
25professional or amateur contest, or a combination of both,

 

 

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1shall apply to the Department at least 30 calendar 20 days
2prior to the event, in writing or electronically, on forms
3prescribed furnished by the Department. The application shall
4be accompanied by the required fee and shall contain, but not
5be limited to, the following information to be submitted at
6times specified by rule:
7        (1) the legal names and addresses of the promoter;
8        (2) the name of the matchmaker;
9        (3) the time and exact location of the professional or
10    amateur contest, or a combination of both. It is the
11    responsibility of the promoter to ensure that the building
12    to be used for the event complies with all laws,
13    ordinances, and regulations in the city, town, village, or
14    county where the contest is to be held;
15        (4) the signed and executed copy of the event venue
16    lease agreement; and proof of adequate security measures,
17    as determined by Department rule, to ensure the protection
18    of the safety of contestants and the general public while
19    attending professional or amateur contests, or a
20    combination of both;
21        (5) proof of adequate medical supervision, as
22    determined by Department rule, to ensure the protection of
23    the health and safety of professionals' or amateurs' while
24    participating in the contest;
25        (5) (6) the initial list of names of the professionals
26    or amateurs competing subject to Department approval. ;

 

 

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1        (7) proof of insurance for not less than $50,000 as
2    further defined by rule for each professional or amateur
3    participating in a professional or amateur contest, or a
4    combination of both; insurance required under this
5    paragraph (7) shall cover (i) hospital, medication,
6    physician, and other such expenses as would accrue in the
7    treatment of an injury as a result of the professional or
8    amateur contest; (ii) payment to the estate of the
9    professional or amateur in the event of his or her death as
10    a result of his or her participation in the professional
11    or amateur contest; and (iii) accidental death and
12    dismemberment; the terms of the insurance coverage must
13    not require the contestant to pay a deductible. The
14    promoter may not carry an insurance policy with a
15    deductible in an amount greater than $500 for the medical,
16    surgical, or hospital care for injuries a contestant
17    sustains while engaged in a contest, and if a licensed or
18    registered contestant pays for the medical, surgical, or
19    hospital care, the insurance proceeds must be paid to the
20    contestant or his or her beneficiaries as reimbursement
21    for such payment;
22        (8) the amount of the purses to be paid to the
23    professionals for the event; the Department shall adopt
24    rules for payment of the purses;
25        (9) organizational or internationally accepted rules,
26    per discipline, for professional or amateur full-contact

 

 

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1    martial arts contests where the Department does not
2    provide the rules;
3        (10) proof of contract indicating the requisite
4    registration and sanctioning by a Department approved
5    sanctioning body for any full-contact martial arts contest
6    with scheduled amateur bouts; and
7        (11) any other information that the Department may
8    require to determine whether a permit shall be issued.
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 Department may allow a promoter
14to amend a permit application to hold a professional or
15amateur contest, or a combination of both, in a different
16location other than the application specifies if all
17requirements of this Section are met, waiving the 30-day
18provision of subsection (a) and may allow the promoter to
19substitute professionals or amateurs, respectively.
20    (c) The Department shall be responsible for assigning the
21judges, timekeepers, referees, and physicians, for a
22professional contest, an amateur contest, or a combination of
23both. Compensation shall be determined by the Department, and
24it shall be the responsibility of the promoter to pay the
25individuals utilized.
26    (d) The promoter shall submit the following documents to

 

 

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1the Department at times specified by rule:
2        (1) proof of adequate security measures, as determined
3    by rule, to ensure the protection of the safety of
4    contestants and the general public while attending
5    professional contests, amateur contests, or a combination
6    of both;
7        (2) proof of adequate medical supervision, as
8    determined by rule, to ensure the protection of the health
9    and safety of professionals or amateurs while
10    participating in contests;
11        (3) the complete and final list of names of the
12    professionals or amateurs competing, subject to Department
13    approval, which shall be submitted up to 48 hours prior to
14    the event date specified in the permit;
15        (4) proof of insurance for not less than $50,000 as
16    further defined by rule for each professional or amateur
17    participating in a professional or amateur contest, or a
18    combination of both; insurance required under this
19    paragraph shall cover: (i) hospital, medication,
20    physician, and other such expenses as would accrue in the
21    treatment of an injury as a result of the professional or
22    amateur contest; (ii) payment to the estate of the
23    professional or amateur in the event of his or her death as
24    a result of his or her participation in the professional
25    or amateur contest; and (iii) accidental death and
26    dismemberment; the terms of the insurance coverage shall

 

 

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1    require the promoter, not the licensed contestant, to pay
2    the policy deductible for the medical, surgical, or
3    hospital care of a contestant for injuries a contestant
4    sustained while engaged in a contest; if a licensed
5    contestant pays for the medical, surgical, or hospital
6    care, the insurance proceeds shall be paid to the
7    contestant or his or her beneficiaries as reimbursement
8    for such payment;
9        (5) the amount of the purses to be paid to the
10    professionals for the event as determined by rule;
11        (6) organizational or internationally accepted rules,
12    per discipline, for professional or amateur full-contact
13    martial arts contests if the Department does not provide
14    the rules for Department approval; and
15        (7) any other information the Department may require,
16    as determined by rule, to issue a permit.
17    (e) If the accuracy, relevance, or sufficiency of any
18submitted documentation is questioned by the Department
19because of lack of information, discrepancies, or conflicts in
20information given or a need for clarification, the promoter
21seeking a permit may be required to provide additional
22information.
23(Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)
 
24    (225 ILCS 105/10)  (from Ch. 111, par. 5010)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 10. Who must be licensed.
2    (a) In order to participate in professional contests the
3following persons must each be licensed and in good standing
4with the Department: (a) professionals and amateurs, (b)
5seconds, (c) referees, (d) judges, (e) managers, (f)
6matchmakers, and (g) timekeepers.
7    (b) In order to participate in professional or amateur
8contests or a combination of both, promoters must be licensed
9and in good standing with the Department.
10    (c) Announcers may participate in professional or amateur
11contests, or a combination of both, without being licensed
12under this Act. It shall be the responsibility of the promoter
13to ensure that announcers comply with the Act, and all rules
14and regulations promulgated pursuant to this Act.
15    (d) A licensed promoter may not act as, and cannot be
16licensed as, a second, professional, referee, timekeeper,
17judge, or manager. If he or she is so licensed, he or she must
18relinquish any of these licenses to the Department for
19cancellation. A person possessing a valid promoter's license
20may act as a matchmaker.
21    (e) Participants in amateur full-contact martial arts
22contests taking place before January 1, 2023 are not required
23to obtain licenses by the Department, except for promoters of
24amateur contests.
25(Source: P.A. 97-119, eff. 7-14-11.)
 

 

 

HB3743- 20 -LRB102 14600 SPS 19953 b

1    (225 ILCS 105/11)  (from Ch. 111, par. 5011)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 11. Qualifications for license. The Department shall
4grant licenses to the following persons if the following
5qualifications are met:
6        (1) An applicant for licensure as a professional or
7    amateur must: (1) be 18 years old, (2) be of good moral
8    character, (3) file an application stating the applicant's
9    legal name (and no assumed or ring name may be used unless
10    such name is registered with the Department along with the
11    applicant's legal name), date and place of birth, place of
12    current residence, and a sworn statement that he or she is
13    not currently in violation of any federal, State or local
14    laws or rules governing boxing or full-contact martial
15    arts, (4) file a certificate from a physician licensed to
16    practice medicine in all of its branches which attests
17    that the applicant is physically fit and qualified to
18    participate in professional or amateur contests, and (5)
19    pay the required fee and meet any other requirements as
20    determined by rule. Applicants over age 35 who have not
21    competed in a professional or amateur contest within the
22    12 last 36 months preceding their application for
23    licensure or have insufficient experience to participate
24    in a professional or amateur contest may be required to
25    appear before the Department to determine their fitness to
26    participate in a professional or amateur contest. A

 

 

HB3743- 21 -LRB102 14600 SPS 19953 b

1    picture identification card shall be issued to all
2    professionals licensed by the Department who are residents
3    of Illinois or who are residents of any jurisdiction,
4    state, or country that does not regulate professional
5    boxing or full-contact martial arts. The identification
6    card shall be presented to the Department or its
7    representative upon request at weigh-ins.
8        (2) An applicant for licensure as a referee, judge,
9    manager, second, matchmaker, or timekeeper must: (1) be of
10    good moral character, (2) file an application stating the
11    applicant's name, date and place of birth, and place of
12    current residence along with a certifying statement that
13    he or she is not currently in violation of any federal,
14    State, or local laws or rules governing boxing, or
15    full-contact martial arts, (3) have had satisfactory
16    experience in his or her field as defined by rule, (4) pay
17    the required fee, and (5) meet any other requirements as
18    determined by rule.
19        (3) An applicant for licensure as a promoter must: (1)
20    be of good moral character, (2) file an application with
21    the Department stating the applicant's name, date and
22    place of birth, place of current residence along with a
23    certifying statement that he or she is not currently in
24    violation of any federal, State, or local laws or rules
25    governing boxing or full-contact martial arts, (3) pay the
26    required fee and meet any other requirements as

 

 

HB3743- 22 -LRB102 14600 SPS 19953 b

1    established by rule, and (4) in addition to the foregoing,
2    an applicant for licensure as a promoter of professional
3    or amateur contests or a combination of both professional
4    and amateur bouts in one contest shall also provide (i)
5    proof of a surety bond of no less than $5,000 to cover
6    financial obligations under this Act, payable to the
7    Department and conditioned for the payment of the tax
8    imposed by this Act and compliance with this Act, and the
9    rules adopted under this Act, and (ii) a financial
10    statement, prepared by a certified public accountant,
11    showing liquid working capital of $10,000 or more, or a
12    $10,000 performance bond guaranteeing payment of all
13    obligations relating to the promotional activities payable
14    to the Department and conditioned for the payment of the
15    tax imposed by this Act and its rules.
16        (4) All applicants shall submit an application to the
17    Department, in writing or electronically, on forms
18    prescribed provided by the Department, containing such
19    information as determined by rule.
20    In determining good moral character, the Department may
21take into consideration any violation of any of the provisions
22of Section 16 of this Act as to referees, judges, managers,
23matchmakers, timekeepers, or promoters and any felony
24conviction of the applicant, but such a conviction shall not
25operate as a bar to licensure. No license issued under this Act
26is transferable.

 

 

HB3743- 23 -LRB102 14600 SPS 19953 b

1    The Department may issue temporary licenses as provided by
2rule.
3(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
4    (225 ILCS 105/12)  (from Ch. 111, par. 5012)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 12. Professional or amateur contests.
7    (a) The professional or amateur contest, or a combination
8of both, shall be held in an area where adequate neurosurgical
9facilities are immediately available for skilled emergency
10treatment of an injured professional or amateur.
11    (b) Each professional or amateur shall be examined before
12the contest and promptly after each bout by a physician. The
13physician shall determine, prior to the contest, if each
14professional or amateur is physically fit to compete in the
15contest. After the bout the physician shall examine the
16professional or amateur to determine possible injury. If the
17professional's or amateur's physical condition so indicates,
18the physician shall recommend to the Department immediate
19medical suspension. The physician or a licensed paramedic must
20check the vital signs of all contestants as established by
21rule.
22    (c) The physician may, at any time during the professional
23or amateur bout, stop the professional or amateur bout to
24examine a professional or amateur contestant and may direct
25the referee to terminate the bout when, in the physician's

 

 

HB3743- 24 -LRB102 14600 SPS 19953 b

1opinion, continuing the bout could result in serious injury to
2the professional or amateur. If the professional's or
3amateur's physical condition so indicates, the physician shall
4recommend to the Department immediate medical suspension. The
5physician shall certify to the condition of the professional
6or amateur in writing, over his or her signature on forms
7prescribed provided by the Department. Such reports shall be
8submitted to the Department in a timely manner.
9    (d) No professional or amateur contest, or a combination
10of both, shall be allowed to begin or be held unless at least
11one physician, at least one EMT and one paramedic, and one
12ambulance have been contracted with solely for the care of
13professionals or amateurs who are competing as defined by
14rule.
15    (e) No professional boxing bout shall be more than 12
16rounds in length. The rounds shall not be more than 3 minutes
17each with a minimum one-minute one minute interval between
18them, and no professional boxer shall be allowed to
19participate in more than one contest within a 7-day period.
20    The number and length of rounds for all other professional
21or amateur boxing or full-contact martial arts contests, or a
22combination of both, shall be determined by rule.
23    (f) The number and types of officials required for each
24professional or amateur contest, or a combination of both,
25shall be determined by rule.
26    (g) The Department or its representative shall have

 

 

HB3743- 25 -LRB102 14600 SPS 19953 b

1discretion to declare a price, remuneration, or purse or any
2part of it belonging to the professional withheld if in the
3judgment of the Department or its representative the
4professional is not honestly competing.
5    (h) The Department shall have the authority to prevent a
6professional or amateur contest, or a combination of both,
7from being held and shall have the authority to stop a
8professional or amateur contest, or a combination of both, for
9noncompliance with any part of this Act or rules or when, in
10the judgment of the Department, or its representative,
11continuation of the event would endanger the health, safety,
12and welfare of the professionals or amateurs or spectators.
13The Department's authority to stop a contest on the basis that
14the professional or amateur contest, or a combination of both,
15would endanger the health, safety, and welfare of the
16professionals or amateurs or spectators shall extend to any
17professional or amateur contest, or a combination of both,
18regardless of whether that amateur contest is exempted from
19the prohibition in Section 6 of this Act. Department staff, or
20its representative, may be present at any full-contact martial
21arts contest with scheduled amateur bouts.
22    (i) A professional shall only compete against another
23professional. An amateur shall only compete against another
24amateur.
25(Source: P.A. 97-119, eff. 7-14-11; 98-973, eff. 8-15-14.)
 

 

 

HB3743- 26 -LRB102 14600 SPS 19953 b

1    (225 ILCS 105/13)  (from Ch. 111, par. 5013)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 13. Tickets; tax. Tickets to professional or amateur
4contests, or a combination of both, shall be printed in such
5form as the Department shall prescribe. A certified inventory
6of all tickets printed for any professional or amateur
7contest, or a combination of both, shall be mailed to the
8Department by the promoter not less than 7 days before the
9contest. The total number of tickets sold printed shall not
10exceed the total seating capacity of the premises in which the
11professional or amateur contest, or a combination of both, is
12to be held. No tickets of admission to any professional or
13amateur contest, or a combination of both, shall be sold
14except those declared on an official ticket inventory as
15described in this Section.
16    A promoter who conducts a professional contest, an amateur
17contest, or a combination of both a professional and amateur
18contest under this Act shall, within 7 business days 24 hours
19after such a contest:
20        (1) furnish to the Department a written or electronic
21    report verified by the promoter or his or her authorized
22    designee showing the number of tickets sold for such a
23    contest or the actual ticket stubs of tickets sold and the
24    amount of the gross proceeds thereof; and
25        (2) pay to the Department a tax of 5% of gross receipts
26    from the sale of admission tickets, not to exceed $75,000

 

 

HB3743- 27 -LRB102 14600 SPS 19953 b

1    $52,500, to be collected by the Department and placed in
2    the General Professions Dedicated Athletics Supervision
3    and Regulation Fund, a special fund created in the State
4    Treasury to be administered by the Department.
5    Moneys in the General Professions Dedicated Athletics
6Supervision and Regulation Fund shall be used by the
7Department, subject to appropriation, for expenses incurred in
8administering this Act. Moneys in the Fund may be transferred
9to the Professions Indirect Cost Fund, as authorized under
10Section 2105-300 of the Department of Professional Regulation
11Law.
12    In addition to the payment of any other taxes and money due
13under this Section, every promoter of a professional or a
14combination of a professional and amateur contest shall pay to
15the Department 3% of the first $500,000 and 4% thereafter,
16which shall not exceed $50,000 $35,000 in total from the total
17gross receipts from the sale, lease, or other exploitation of
18broadcasting, including, but not limited to, Internet, cable,
19television, and motion picture rights for that professional
20contest, amateur contest, or professional and amateur
21combination of both, contest or exhibition without any
22deductions for commissions, brokerage fees, distribution fees,
23advertising, professional contestants' purses, or any other
24expenses or charges. These fees shall be paid to the
25Department within 7 business days 72 hours after the
26conclusion of the broadcast of the contest and placed in the

 

 

HB3743- 28 -LRB102 14600 SPS 19953 b

1General Professions Dedicated Athletics Supervision and
2Regulation Fund.
3(Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)
 
4    (225 ILCS 105/15)  (from Ch. 111, par. 5015)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 15. Inspectors. The Secretary may appoint inspectors
7to assist the Department staff in the administration of the
8Act. Each inspector appointed by the Secretary shall receive
9compensation for each day he or she is engaged in the
10transacting of business of the Department. Each inspector
11shall carry a card issued by the Department to authorize him or
12her to act in such capacity. The inspector or inspectors shall
13supervise each professional contest, amateur contest, or
14combination of both and, at the Department's discretion, may
15supervise any contest to ensure that the provisions of the Act
16are strictly enforced.
17(Source: P.A. 97-119, eff. 7-14-11.)
 
18    (225 ILCS 105/16)  (from Ch. 111, par. 5016)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 16. Discipline and sanctions.
21    (a) The Department may refuse to issue a permit or ,
22license, or registration, refuse to renew, suspend, revoke,
23reprimand, place on probation, or take such other disciplinary
24or non-disciplinary action as the Department may deem proper,

 

 

HB3743- 29 -LRB102 14600 SPS 19953 b

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

 

 

HB3743- 30 -LRB102 14600 SPS 19953 b

1        (8) failure to obtain all the necessary permits,
2    registrations, or licenses as required under this Act;
3        (9) failure to file the necessary bond or to pay the
4    gross receipts or broadcast tax as required by this Act;
5        (10) engaging in dishonorable, unethical or
6    unprofessional conduct of a character likely to deceive,
7    defraud or harm the public, or which is detrimental to
8    honestly conducted contests;
9        (11) employment of fraud, deception or any unlawful
10    means in applying for or securing a permit or license
11    under this Act;
12        (12) permitting a physician making the physical
13    examination to knowingly certify falsely to the physical
14    condition of a professional or amateur;
15        (13) permitting professionals or amateurs of widely
16    disparate weights or abilities to engage in professional
17    or amateur contests, respectively;
18        (14) participating in a professional contest as a
19    professional while under medical suspension in this State
20    or in any other state, territory or country;
21        (15) physical illness, including, but not limited to,
22    deterioration through the aging process, or loss of motor
23    skills which results in the inability to participate in
24    contests with reasonable judgment, skill, or safety;
25        (16) allowing one's license or permit issued under
26    this Act to be used by another person;

 

 

HB3743- 31 -LRB102 14600 SPS 19953 b

1        (17) failing, within a reasonable time, to provide any
2    information requested by the Department as a result of a
3    formal or informal complaint;
4        (18) professional incompetence;
5        (19) failure to file a return, or to pay the tax,
6    penalty or interest shown in a filed return, or to pay any
7    final assessment of tax, penalty or interest, as required
8    by any tax Act administered by the Illinois Department of
9    Revenue, until such time as the requirements of any such
10    tax Act are satisfied;
11        (20) (blank);
12        (21) habitual or excessive use or addiction to
13    alcohol, narcotics, stimulants, or any other chemical
14    agent or drug that results in an inability to participate
15    in an event;
16        (22) failure to stop a professional or amateur
17    contest, or a combination of both, when requested to do so
18    by the Department;
19        (23) failure of a promoter to adequately supervise and
20    enforce this Act and its rules as applicable to amateur
21    contests, as set forth in rule; or
22        (24) a finding by the Department that the licensee,
23    after having his or her license placed on probationary
24    status, has violated the terms of probation.
25    (b) The determination by a circuit court that a licensee
26is subject to involuntary admission or judicial admission as

 

 

HB3743- 32 -LRB102 14600 SPS 19953 b

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

 

 

HB3743- 33 -LRB102 14600 SPS 19953 b

1license.
2    (d) A contestant who tests positive for a banned
3substance, as defined by rule, shall have his or her license
4immediately suspended. The license shall be subject to other
5discipline as authorized in this Section.
6(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
7    (225 ILCS 105/17)  (from Ch. 111, par. 5017)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 17. Administrative Procedure Act. The Illinois
10Administrative Procedure Act is hereby expressly adopted and
11incorporated herein as if all of the provisions of that Act
12were included in this Act. The Department shall not be
13required to annually verify email addresses as specified in
14paragraph (2) subsection (a) of Section 10-75 of the Illinois
15Administrative Procedure Act. For the purposes of this Act the
16notice required under Section 10-25 of the Illinois
17Administrative Procedure Act is deemed sufficient when mailed
18to the last known address of record or emailed to the email
19address of record a party.
20(Source: P.A. 88-45.)
 
21    (225 ILCS 105/17.7)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 17.7. Restoration of license from discipline.
24    (a) At any time after the successful completion of a term

 

 

HB3743- 34 -LRB102 14600 SPS 19953 b

1of indefinite probation, suspension, or revocation of a
2license under this Act, the Department may restore the license
3to the licensee unless, after an investigation and a hearing,
4the Secretary determines that restoration is not in the public
5interest.
6    (b) If circumstances of suspension or revocation so
7indicate, the Department may require an examination of the
8licensee prior to restoring his or her license.
9    (c) No person whose license has been revoked as authorized
10in this Act may apply for restoration of that license until
11allowed under the Civil Administrative Code of Illinois.
12    (d) A license that has been suspended or revoked shall be
13considered nonrenewed for purposes of restoration under this
14Section and a licensee restoring his or her license from
15suspension or revocation must comply with the requirements for
16renewal as set forth in this Act and its rules.
17At any time after the successful completion of a term of
18indefinite probation, suspension, or revocation of a license,
19the Department may restore the license to the licensee, unless
20after an investigation and hearing the Secretary determines
21that restoration is not in the public interest. No person or
22entity whose license, certificate, or authority has been
23revoked as authorized in this Act may apply for restoration of
24that license, certification, or authority until such time as
25provided for in the Civil Administrative Code of Illinois.
26(Source: P.A. 97-119, eff. 7-14-11.)
 

 

 

HB3743- 35 -LRB102 14600 SPS 19953 b

1    (225 ILCS 105/17.8)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 17.8. Surrender of license. Upon the revocation or
4suspension of a license or registration, the licensee shall
5immediately surrender his or her license to the Department. If
6the licensee fails to do so, the Department has the right to
7seize the license.
8(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
9    (225 ILCS 105/17.9)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 17.9. Summary suspension of a license or
12registration. The Secretary may summarily suspend a license or
13registration without a hearing if the Secretary finds that
14evidence in the Secretary's possession indicates that the
15continuation of practice would constitute an imminent danger
16to the public, participants, including any professional
17contest officials, or the individual involved or cause harm to
18the profession. If the Secretary summarily suspends the
19license without a hearing, a hearing must be commenced within
2030 days after the suspension has occurred and concluded as
21expeditiously as practical.
22(Source: P.A. 97-119, eff. 7-14-11.)
 
23    (225 ILCS 105/18)  (from Ch. 111, par. 5018)

 

 

HB3743- 36 -LRB102 14600 SPS 19953 b

1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 18. Investigations; notice and hearing.
3    (a) The Department may investigate the actions of any
4applicant or of any person or entity holding or claiming to
5hold a license under this Act.
6    (b) The Department shall, before disciplining an applicant
7or licensee, at least 30 days prior to the date set for the
8hearing: (i) notify, in writing, the accused of the charges
9made and the time and place for the hearing on the charges;
10(ii) direct him or her to file a written answer to the charges,
11under oath, within 20 days after service of the notice; and
12(iii) inform the applicant or licensee that failure to file an
13answer will result in a default being entered against the
14applicant or licensee.
15    (c) Written or electronic notice, and any notice in the
16subsequent proceedings, may be served by personal delivery, by
17email, or by mail to the applicant or licensee at his or her
18address of record or email address of record.
19    (d) At the time and place fixed in the notice, the hearing
20officer appointed by the Secretary shall proceed to hear the
21charges, and the parties or their counsel shall be accorded
22ample opportunity to present any statement, testimony,
23evidence, and argument as may be pertinent to the charges or to
24their defense. The hearing officer may continue the hearing
25from time to time.
26    (e) If the licensee or applicant, after receiving the

 

 

HB3743- 37 -LRB102 14600 SPS 19953 b

1notice, fails to file an answer, his or her license may, in the
2discretion of the Secretary, be suspended, revoked, or placed
3on probationary status or be subject to whatever disciplinary
4action the Secretary considers proper, including limiting the
5scope, nature, or extent of the person's practice or
6imposition of a fine, without hearing, if the act or acts
7charged constitute sufficient grounds for the action under
8this Act.
9The Department may investigate the actions of any applicant or
10of any person or persons promoting or participating in a
11professional or amateur contest or any person holding or
12claiming to hold a license. The Department shall, before
13revoking, suspending, placing on probation, reprimanding, or
14taking any other disciplinary action under this Act, at least
1530 days before the date set for the hearing, (i) notify the
16accused in writing of the charges made and the time and place
17for the hearing on the charges, (ii) direct him or her to file
18a written answer to the charges with the Department under oath
19within 20 days after the service on him or her of the notice,
20and (iii) inform the accused that, if he or she fails to
21answer, default will be taken against him or her or that his or
22her license may be suspended, revoked, or placed on
23probationary status or that other disciplinary action may be
24taken with regard to the license, including limiting the
25scope, nature, or extent of his or her practice, as the
26Department may consider proper. At the time and place fixed in

 

 

HB3743- 38 -LRB102 14600 SPS 19953 b

1the notice, the hearing officer shall proceed to hear the
2charges, and the parties or their counsel shall be accorded
3ample opportunity to present any pertinent statements,
4testimony, evidence, and arguments. The hearing officer may
5continue the hearing from time to time. In case the person,
6after receiving the notice, fails to file an answer, his or her
7license may, in the discretion of the Department, be
8suspended, revoked, or placed on probationary status or the
9Department may take whatever disciplinary action considered
10proper, including limiting the scope, nature, or extent of the
11person's practice or the imposition of a fine, without a
12hearing, if the act or acts charged constitute sufficient
13grounds for that action under this Act. The written notice may
14be served by personal delivery or by certified mail to the
15person's address of record.
16(Source: P.A. 97-119, eff. 7-14-11.)
 
17    (225 ILCS 105/19)  (from Ch. 111, par. 5019)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 19. Hearing; Motion for rehearing Findings and
20recommendations.
21    (a) The hearing officer appointed by the Secretary shall
22hear evidence in support of the formal charges and evidence
23produced by the applicant or licensee. At the conclusion of
24the hearing, the hearing officer shall present to the
25Secretary a written report of his or her findings of fact,

 

 

HB3743- 39 -LRB102 14600 SPS 19953 b

1conclusions of law, and recommendations.
2    (b) A copy of the hearing officer's report shall be served
3upon the applicant or licensee, either personally or as
4provided in this Act for the service of the notice of hearing.
5Within 20 calendar days after such service, the applicant or
6licensee may present to the Department a motion, in writing,
7for a rehearing that shall specify the particular grounds for
8rehearing. The Department may respond to the motion for
9rehearing within 20 calendar days after its service on the
10Department. If no motion for rehearing is filed, then upon the
11expiration of the time specified for filing such a motion, or
12upon denial of a motion for rehearing, the Secretary may enter
13an order in accordance with the recommendations of the hearing
14officer. If the applicant or licensee orders from the
15reporting service and pays for a transcript of the record
16within the time for filing a motion for rehearing, the 20
17calendar day period within which a motion may be filed shall
18commence upon delivery of the transcript to the applicant or
19licensee.
20    (c) If the Secretary disagrees in any regard with the
21report of the hearing officer, the Secretary may issue an
22order contrary to the report.
23    (d) Whenever the Secretary is not satisfied that
24substantial justice has been done, the Secretary may order a
25hearing by the same or another hearing officer.
26    (e) At any point in any investigation or disciplinary

 

 

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

 

 

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1the Department's order refusing to issue, restore, or renew a
2license, or otherwise disciplining a licensee. If the
3Secretary disagrees with the recommendations of the hearing
4officer, the Secretary may issue an order in contravention of
5the hearing officer's recommendations. The finding is not
6admissible in evidence against the person in a criminal
7prosecution brought for a violation of this Act, but the
8hearing and finding are not a bar to a criminal prosecution
9brought for a violation of this Act.
10(Source: P.A. 97-119, eff. 7-14-11.)
 
11    (225 ILCS 105/19.1)  (from Ch. 111, par. 5019.1)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 19.1. Hearing officer Appointment of a hearing
14officer. Notwithstanding any provision of this Act, the
15Secretary has the authority to appoint an attorney duly
16licensed to practice law in the State of Illinois to serve as
17the hearing officer in any action for refusal to issue or renew
18a license or discipline a license. The hearing officer shall
19have full authority to conduct the hearing. The hearing
20officer shall report his or her findings of fact, conclusions
21of law, and recommendations to the Secretary The Secretary has
22the authority to appoint any attorney duly licensed to
23practice law in the State of Illinois to serve as the hearing
24officer in any action for refusal to issue, restore, or renew a
25license or discipline of a licensee. The hearing officer has

 

 

HB3743- 42 -LRB102 14600 SPS 19953 b

1full authority to conduct the hearing. The hearing officer
2shall report his or her findings of fact, conclusions of law,
3and recommendations to the Secretary. If the Secretary
4determines that the hearing officer's report is contrary to
5the manifest weight of the evidence, he may issue an order in
6contravention of the recommendation.
7(Source: P.A. 97-119, eff. 7-14-11.)
 
8    (225 ILCS 105/19.5)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 19.5. Order or certified copy; prima facie proof. An
11order or certified copy thereof, over the seal of the
12Department and purporting to be signed by the Secretary, is
13prima facie proof that:
14        (1) the signature is the genuine signature of the
15    Secretary; and
16        (2) the Secretary is duly appointed and qualified;
17    and .
18        (3) the hearing officer is qualified to act.
19(Source: P.A. 97-119, eff. 7-14-11.)
 
20    (225 ILCS 105/20)  (from Ch. 111, par. 5020)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 20. Record of proceeding Stenographer; transcript.
23    (a) The Department, at its expense, shall provide a
24certified shorthand reporter to take down the testimony and

 

 

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1preserve a record of all proceedings at the hearing of any case
2in which a licensee may be revoked, suspended, placed on
3probationary status, reprimanded, fined, or subjected to other
4disciplinary action with reference to the license when a
5disciplinary action is authorized under this Act and rules.
6The notice of hearing, complaint, and all other documents in
7the nature of pleadings and written portions filed in the
8proceedings, the transcript of the testimony, the report of
9the hearing officer, and the orders of the Department shall be
10the record of the proceedings. The record may be made
11available to any person interested in the hearing upon payment
12of the fee required by Section 2105-115 of the Department of
13Professional Regulation Law of the Civil Administrative Code
14of Illinois.
15    (b) The Department may contract for court reporting
16services, and, if it does so, the Department shall provide the
17name and contact information for the certified shorthand
18reporter who transcribed the testimony at a hearing to any
19person interested, who may obtain a copy of the transcript of
20any proceedings at a hearing upon payment of the fee specified
21by the certified shorthand reporter.
22The Department, at its expense, shall provide a stenographer
23to take down the testimony and preserve a record of all
24proceedings at the hearing of any case wherein a license or
25permit is subjected to disciplinary action. The notice of
26hearing, complaint and all other documents in the nature of

 

 

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1pleadings and written motions filed in the proceedings, the
2transcript of testimony, the report of the hearing officer and
3the orders of the Department shall be the record of the
4proceedings. The Department shall furnish a transcript of the
5record to any person interested in the hearing upon payment of
6the fee required under Section 2105-115 of the Department of
7Professional Regulation Law (20 ILCS 2105/2105-115).
8(Source: P.A. 97-119, eff. 7-14-11.)
 
9    (225 ILCS 105/21)  (from Ch. 111, par. 5021)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 21. Injunctive action; cease and desist order.
12    (a) If a person violates the provisions of this Act, the
13Secretary Director, in the name of the People of the State of
14Illinois, through the Attorney General or the State's Attorney
15of the county in which the violation is alleged to have
16occurred, may petition for an order enjoining the violation or
17for an order enforcing compliance with this Act. Upon the
18filing of a verified petition, the court with appropriate
19jurisdiction may issue a temporary restraining order, without
20notice or bond, and may preliminarily and permanently enjoin
21the violation. If it is established that the person has
22violated or is violating the injunction, the court may punish
23the offender for contempt of court. Proceedings under this
24Section are in addition to, and not in lieu of, all other
25remedies and penalties provided by this Act.

 

 

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1    (b) Whenever, in the opinion of the Department, a person
2violates any provision of this Act, the Department may issue a
3rule to show cause why an order to cease and desist should not
4be entered against that person. The rule shall clearly set
5forth the grounds relied upon by the Department and shall
6allow at least 7 days from the date of the rule to file an
7answer satisfactory to the Department. Failure to answer to
8the satisfaction of the Department shall cause an order to
9cease and desist to be issued.
10(Source: P.A. 91-408, eff. 1-1-00.)
 
11    (225 ILCS 105/22)  (from Ch. 111, par. 5022)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 22. The expiration date and renewal period for each
14license issued under this Act shall be set by rule. The holder
15of a license may renew such license during the month preceding
16the expiration date thereof by paying the required fee and
17meeting additional requirements as determined by rule.
18(Source: P.A. 82-522.)
 
19    (225 ILCS 105/23)  (from Ch. 111, par. 5023)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 23. Fees.
22    (a) The fees for the administration and enforcement of
23this Act including, but not limited to, original licensure,
24renewal, and restoration shall be set by rule. The fees shall

 

 

HB3743- 46 -LRB102 14600 SPS 19953 b

1not be refundable. All Beginning July 1, 2003, all of the fees,
2taxes, and fines collected under this Act shall be deposited
3into the General Professions Dedicated Fund.
4    (b) Before January 1, 2023, there shall be no fees for
5amateur full-contact martial arts events; except that until
6January 1, 2023, the applicant fees for promoters of amateur
7events where only amateur bouts are held shall be $300.
8(Source: P.A. 92-16, eff. 6-28-01; 92-499, eff. 1-1-02; 93-32,
9eff. 7-1-03.)
 
10    (225 ILCS 105/23.1)  (from Ch. 111, par. 5023.1)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 23.1. Returned checks; fines. Any person who delivers
13a check or other payment to the Department that is returned to
14the Department unpaid by the financial institution upon which
15it is drawn shall pay to the Department, in addition to the
16amount already owed to the Department, a fine of $50. The fines
17imposed by this Section are in addition to any other
18discipline provided under this Act for unlicensed practice or
19practice on a nonrenewed license. The Department shall notify
20the person that payment of fees and fines shall be paid to the
21Department by certified check or money order within 30
22calendar days of the notification. If, after the expiration of
2330 days from the date of the notification, the person has
24failed to submit the necessary remittance, the Department
25shall automatically terminate the license or deny the

 

 

HB3743- 47 -LRB102 14600 SPS 19953 b

1application, without hearing. If, after termination or denial,
2the person seeks a license, he or she shall apply to the
3Department for restoration or issuance of the license and pay
4all fees and fines due to the Department. The Department may
5establish a fee for the processing of an application for
6restoration of a license to pay all expenses of processing
7this application. The Secretary Director may waive the fines
8due under this Section in individual cases where the Secretary
9Director finds that the fines would be unreasonable or
10unnecessarily burdensome.
11(Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.)
 
12    (225 ILCS 105/24)  (from Ch. 111, par. 5024)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 24. Unlicensed practice; violations; civil penalty.
15    (a) Any person who practices, offers to practice, attempts
16to practice, or holds himself or herself out as being able to
17engage in practices requiring a license under this Act without
18being licensed or exempt under this Act shall, in addition to
19any other penalty provided by law, pay a civil penalty to the
20Department in an amount not to exceed $10,000 for each
21offense, as determined by the Department. The civil penalty
22shall be assessed by the Department after a hearing is held in
23accordance with the provision set forth in this Act regarding
24the provision of a hearing for the discipline of a licensee.
25    (b) The Department may investigate any actual, alleged, or

 

 

HB3743- 48 -LRB102 14600 SPS 19953 b

1suspected unlicensed activity.
2    (c) The civil penalty shall be paid within 60 days after
3the effective date of the order imposing the civil penalty.
4The order shall constitute a judgment and may be filed and
5executed thereon in the same manner as any judgment from any
6court of record.
7    (d) A person or entity not licensed under this Act who has
8violated any provision of this Act or its rules is guilty of a
9Class A misdemeanor for the first offense and a Class 4 felony
10for a second and subsequent offenses.
11A person who violates a provision of this Act is guilty of a
12Class A Misdemeanor. On conviction of a second or subsequent
13offense the violator shall be guilty of a Class 4 felony.
14(Source: P.A. 86-615.)
 
15    (225 ILCS 105/24.5)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 24.5. Confidentiality. All information collected by
18the Department in the course of an examination or
19investigation of a licensee, registrant, or applicant,
20including, but not limited to, any complaint against a
21licensee or registrant filed with the Department and
22information collected to investigate any such complaint, shall
23be maintained for the confidential use of the Department and
24shall not be disclosed. The Department may not disclose such
25information to anyone other than law enforcement officials,

 

 

HB3743- 49 -LRB102 14600 SPS 19953 b

1other regulatory agencies that have an appropriate regulatory
2interest as determined by the Secretary, or a party presenting
3a lawful subpoena to the Department. Information and documents
4disclosed to a federal, State, county, or local law
5enforcement agency shall not be disclosed by the agency for
6any purpose to any other agency or person. A formal complaint
7filed against a licensee or registrant by the Department or
8any order issued by the Department against a licensee,
9registrant, or applicant shall be a public record, except as
10otherwise prohibited by law.
11(Source: P.A. 97-119, eff. 7-14-11.)
 
12    (225 ILCS 105/25.1)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 25.1. Medical Suspension.
15    (a) A licensee or registrant who is determined by the
16examining physician or Department to be unfit to compete or
17officiate shall be prohibited from participating in a contest
18in Illinois and, if actively licensed, shall be medically
19suspended immediately suspended until it is shown that he or
20she is fit for further competition or officiating. If the
21licensee or registrant disagrees with a medical suspension set
22at the discretion of the ringside physician, he or she may
23request a hearing to show proof of fitness. The hearing shall
24be provided at the earliest opportunity after the Department
25receives a written request from the licensee.

 

 

HB3743- 50 -LRB102 14600 SPS 19953 b

1    (b) If the referee has stopped the bout or rendered a
2decision of technical knockout against a professional or
3amateur or if the professional or amateur is knocked out other
4than by a blow to the head, the professional or amateur shall
5be medically immediately suspended immediately for a period of
6not less than 30 days.
7    (c) In a full-contact martial arts contest, if the
8professional or amateur has tapped out, or has submitted, or
9the referee has stopped the bout, shall stop the professional
10or amateur contest and the ringside physician shall determine
11the length of suspension.
12    (d) If the professional or amateur has been knocked
13unconscious out by a blow to the head, he or she shall be
14medically suspended immediately for a period of not less than
1545 days.
16    (e) A licensee may receive a medical suspension for any
17injury sustained as a result of a bout that shall not be less
18than 7 days.
19    (f) A licensee may receive additional terms and conditions
20for a medical suspension beyond a prescribed passage of time
21as authorized under this Section.
22    (g) If a licensee receives a medical suspension that
23includes terms and conditions in addition to the prescribed
24passage of time as authorized under this Section, before the
25removal of the medical suspension a licensee shall:
26        (1) satisfactorily pass a medical examination;

 

 

HB3743- 51 -LRB102 14600 SPS 19953 b

1        (2) provide those examination results to the
2    Department;
3        (3) provide any additional requested documentation as
4    directed by the licensee's examining physician or
5    Department where applicable; and
6        (4) if the licensee's examining physician requires any
7    necessary additional medical procedures during the
8    examination related to the injury that resulted in the
9    medical suspension, those results shall be provided to the
10    Department.
11    (h) Any medical suspension imposed as authorized under
12this Act against a licensee shall be reported to the
13Department's record keeper as determined by rule.
14    (i) A medical suspension as authorized under this Section
15shall not be considered a suspension under Section 16 of this
16Act. A violation of the terms of a medical suspension
17authorized under this Section shall subject a licensee to
18discipline under Section 16 of this Act.
19    (j) A professional or amateur contestant who has been
20placed on medical suspension under the laws of another state,
21the District of Columbia, or a territory of the United States
22for substantially similar reasons as this Section shall be
23prohibited from participating in a contest as authorized under
24this Act until the requirements of subsection (e) of this
25Section have been met or the medical suspension has been
26removed by that jurisdiction.

 

 

HB3743- 52 -LRB102 14600 SPS 19953 b

1    (k) A medical suspension authorized under this Section
2shall begin the day after the bout a licensee participated in.
3    Prior to reinstatement, any professional or amateur
4suspended for his or her medical protection shall
5satisfactorily pass a medical examination upon the direction
6of the Department. The examining physician may require any
7necessary medical procedures during the examination.
8(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
9    (225 ILCS 105/0.10 rep.)
10    (225 ILCS 105/10.1 rep.)
11    (225 ILCS 105/10.5 rep.)
12    (225 ILCS 105/11.5 rep.)
13    (225 ILCS 105/17.11 rep.)
14    (225 ILCS 105/17.12 rep.)
15    (225 ILCS 105/19.4 rep.)
16    Section 15. The Boxing and Full-contact Martial Arts Act
17is amended by repealing Sections 0.10, 10.1, 10.5, 11.5,
1817.11, 17.12, and 19.4.
 
19    Section 99. Effective date. This Act takes effect January
201, 2022, except that this Section and Section 5 take effect
21upon becoming law.

 

 

HB3743- 53 -LRB102 14600 SPS 19953 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.32
4    5 ILCS 80/4.41 new
5    225 ILCS 105/1from Ch. 111, par. 5001
6    225 ILCS 105/1.4 new
7    225 ILCS 105/2from Ch. 111, par. 5002
8    225 ILCS 105/2.5 new
9    225 ILCS 105/5from Ch. 111, par. 5005
10    225 ILCS 105/6from Ch. 111, par. 5006
11    225 ILCS 105/7from Ch. 111, par. 5007
12    225 ILCS 105/8from Ch. 111, par. 5008
13    225 ILCS 105/10from Ch. 111, par. 5010
14    225 ILCS 105/11from Ch. 111, par. 5011
15    225 ILCS 105/12from Ch. 111, par. 5012
16    225 ILCS 105/13from Ch. 111, par. 5013
17    225 ILCS 105/15from Ch. 111, par. 5015
18    225 ILCS 105/16from Ch. 111, par. 5016
19    225 ILCS 105/17from Ch. 111, par. 5017
20    225 ILCS 105/17.7
21    225 ILCS 105/17.8
22    225 ILCS 105/17.9
23    225 ILCS 105/18from Ch. 111, par. 5018
24    225 ILCS 105/19from Ch. 111, par. 5019
25    225 ILCS 105/19.1from Ch. 111, par. 5019.1

 

 

HB3743- 54 -LRB102 14600 SPS 19953 b

1    225 ILCS 105/19.5
2    225 ILCS 105/20from Ch. 111, par. 5020
3    225 ILCS 105/21from Ch. 111, par. 5021
4    225 ILCS 105/22from Ch. 111, par. 5022
5    225 ILCS 105/23from Ch. 111, par. 5023
6    225 ILCS 105/23.1from Ch. 111, par. 5023.1
7    225 ILCS 105/24from Ch. 111, par. 5024
8    225 ILCS 105/24.5
9    225 ILCS 105/25.1
10    225 ILCS 105/0.10 rep.
11    225 ILCS 105/10.1 rep.
12    225 ILCS 105/10.5 rep.
13    225 ILCS 105/11.5 rep.
14    225 ILCS 105/17.11 rep.
15    225 ILCS 105/17.12 rep.
16    225 ILCS 105/19.4 rep.