Illinois General Assembly - Full Text of HB0786
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Full Text of HB0786  96th General Assembly

HB0786enr 96TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Professional Boxing Act is amended by
5 changing Sections 0.05, 1, 6, 7, 8, 11, 16, and 25.1 as
6 follows:
 
7     (225 ILCS 105/0.05)
8     (Section scheduled to be repealed on January 1, 2012)
9     Sec. 0.05. Declaration of public policy. Professional
10 boxing and full-contact martial arts other contests in the
11 State of Illinois, and amateur full-contact martial arts
12 events, are hereby declared to affect the public health,
13 safety, and welfare and to be subject to regulation and control
14 in the public interest. It is further declared to be a matter
15 of public interest and concern that these contests and events
16 boxing and other contests, as defined in this Act, merit and
17 receive the confidence of the public and that only qualified
18 persons be authorized to participate in these contests and
19 events boxing and other contests in the State of Illinois. This
20 Act shall be liberally construed to best carry out these
21 objects and purposes.
22 (Source: P.A. 95-593, eff. 6-1-08.)
 

 

 

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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2     (Section scheduled to be repealed on January 1, 2012)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 Professional Boxing Act.
5     (b) As used in this Act:
6         1. "Department" means the Department of Financial and
7     Professional Regulation.
8         2. "Secretary" means the Secretary of Financial and
9     Professional Regulation.
10         3. "Board" means the State Professional Boxing Board
11     appointed by the Secretary.
12         4. "License" means the license issued for promoters,
13     contestants, or officials in accordance with this Act.
14         5. (Blank).
15         6. "Contest" means a professional boxing, martial art,
16     or professional full-contact mixed martial arts art match
17     or exhibition.
18         7. (Blank).
19         8. (Blank).
20         9. "Permit" means the authorization from the
21     Department to a promoter to conduct contests.
22         10. "Promoter" means a person who is licensed and who
23     holds a permit to conduct contests.
24         11. Unless the context indicates otherwise, "person"
25     includes, but is not limited to, an individual, an
26     association, organization, business entity partnership,

 

 

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1     corporation, gymnasium, or club.
2         12. (Blank).
3         13. (Blank).
4         14. (Blank).
5         15. "Judge" means a person licensed by the Department
6     who is at ringside during a contest match and who has the
7     responsibility of scoring the performance of the
8     participants in the contest.
9         16. "Referee" means a person licensed by the Department
10     who has the general supervision of a contest and is present
11     inside of the ring during the contest.
12         17. "Amateur" means a person who is not competing for,
13     and has never received or competed for, any purse or other
14     article of value, directly or indirectly, either for
15     participating in any contest or for the expenses of
16     training therefor, other than a non-monetary prize that
17     does not exceed $50 in value.
18         18. "Contestant" means a person licensed by the
19     Department who competes for a money prize, purse, or other
20     type of compensation in a contest, exhibition, or match
21     held in Illinois.
22         19. "Second" means a person licensed by the Department
23     who is present at any contest to provide assistance or
24     advice to a contestant during the contest.
25         20. "Matchmaker" means a person licensed by the
26     Department who brings together contestants or procures

 

 

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1     matches or contests for contestants.
2         21. "Manager" means a person licensed by the Department
3     who is not a promoter and who, under contract, agreement,
4     or other arrangement with any contestant, undertakes to,
5     directly or indirectly, control or administer the affairs
6     of contestants.
7         22. "Timekeeper" means a person licensed by the
8     Department who is the official timer of the length of
9     rounds and the intervals between the rounds.
10         23. "Purse" means the financial guarantee or any other
11     remuneration for which contestants are participating in a
12     contest.
13         24. "Physician" means a person licensed to practice
14     medicine in all its branches under the Medical Practice Act
15     of 1987.
16         25. "Martial arts" means a discipline or combination of
17     different disciplines that utilizes sparring techniques
18     without the intent to injure, disable, or incapacitate
19     one's opponent, such as, but not limited to, Karate, Kung
20     Fu, Judo, and Jujitsu, Muay Thai, Tae Kwon Do, and
21     Kick-boxing.
22         26. "Full-contact Mixed martial arts" means the use of
23     a singular discipline or a combination of techniques from
24     different disciplines of the martial arts, including,
25     without limitation, full-force grappling, kicking, and
26     striking with the intent to injure, disable, or

 

 

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1     incapacitate one's opponent.
2         27. "Amateur full-contact martial arts event" means a
3     full-contact martial arts match or exhibition which all of
4     the participants are amateurs.
5 (Source: P.A. 95-593, eff. 6-1-08.)
 
6     (225 ILCS 105/6)  (from Ch. 111, par. 5006)
7     (Section scheduled to be repealed on January 1, 2012)
8     Sec. 6. Restricted contests and events Prohibitions.
9     (a) All professional contests in which physical contact is
10 made are prohibited in Illinois unless authorized by the
11 Department pursuant to the requirements and standards stated in
12 this Act and the rules adopted pursuant to this Act.
13     (b) Department authorization is not required for amateur
14 full-contact martial arts events conducted in a manner that
15 provides substantially similar protections for the health,
16 safety, and welfare of the participants and the public as are
17 required for professional events by this Act and the rules
18 adopted by the Department under this Act. Those protections
19 shall include, at a minimum, onsite medical staff and
20 equipment, trained officials, adequate insurance coverage,
21 weight classes, use of appropriate safety equipment by
22 participants, adequate and safe competition surfaces, and
23 standards regarding striking techniques and fouls. Anyone
24 conducting an amateur full-contact martial arts event shall
25 notify the Department in writing of the date, time, and

 

 

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1 location of that event at least 20 days prior to the event.
2 Failure to comply with the requirements of this Section shall
3 render the event prohibited and unauthorized by the Department,
4 and persons involved in the event are subject to the procedures
5 and penalties set forth in Section 10.5. This provision does
6 not apply to the following:
7         (1) Boxing contests or wrestling exhibitions conducted
8     by accredited secondary schools, colleges or universities,
9     although a fee may be charged. Institutions organized to
10     furnish instruction in athletics are not included in this
11     exemption.
12         (2) Amateur boxing matches sanctioned by the United
13     States Amateur Boxing Federation, Inc., Golden Gloves of
14     America, or other amateur sanctioning body, as determined
15     by rule, and amateur wrestling exhibitions.
16         (3) Amateur martial art matches sanctioned by a
17     sanctioning body approved by the Department, as determined
18     by rule.
19         (4) Martial art instruction conducted by a martial art
20     school and contests occurring within or amongst martial art
21     schools, provided that (i) the contestants do not receive
22     anything of value for participating other than an award,
23     trophy, other item of recognition, or a prize that does not
24     exceed $50 in value and (ii) no entrance fee is charged to
25     participate or watch the school contests.
26 (Source: P.A. 95-593, eff. 6-1-08.)
 

 

 

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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 contest in this State, a
4 promoter shall obtain a permit issued by the Department in
5 accordance with this Act and the rules and regulations adopted
6 pursuant thereto. This permit shall authorize one or more
7 contests or exhibitions. A permit issued under this Act is not
8 transferable.
9 (Source: P.A. 95-593, eff. 6-1-08.)
 
10     (225 ILCS 105/8)  (from Ch. 111, par. 5008)
11     (Section scheduled to be repealed on January 1, 2012)
12     Sec. 8. Permits.
13     (a) A promoter who desires to obtain a permit to conduct a
14 contest shall apply to the Department at least 20 days prior to
15 the event, in writing, on forms furnished by the Department.
16 The application shall be accompanied by the required fee and
17 shall contain at least the following information:
18         (1) the names and addresses of the promoter;
19         (2) the name of the matchmaker;
20         (3) the time and exact location of the contest;
21         (4) the seating capacity of the building where the
22     event is to be held;
23         (5) a copy of the lease or proof of ownership of the
24     building where the event is to be held;

 

 

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1         (6) the admission charge or charges to be made; and
2         (7) proof of adequate security measures and adequate
3     medical supervision, as determined by Department rule, to
4     ensure the protection of the health and safety of the
5     general public while attending contests and the
6     contestants' safety while participating in the events and
7     any other information that the Department may determine by
8     rule in order to issue a permit.
9     (b) After the initial application and within 10 days prior
10 to of a scheduled event, a promoter shall submit to the
11 Department all of the following information:
12         (1) The amount of compensation to be paid to each
13     participant.
14         (2) The names of the contestants.
15         (3) Proof of insurance for not less than $50,000 for
16     each contestant participating in a contest or exhibition.
17     Insurance required under this subsection shall cover (i)
18 hospital, medication, physician, and other such expenses as
19 would accrue in the treatment of an injury as a result of the
20 contest or exhibition and (ii) payment to the estate of the
21 contestant in the event of his or her death as a result of his
22 or her participation in the contest or exhibition.
23     (c) All promoters shall provide to the Department, at least
24 24 hours prior to commencement of the event, the amount of the
25 purse to be paid for the event. The Department shall promulgate
26 rules for payment of the purse.

 

 

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1     (d) The contest shall be held in an area where adequate
2 neurosurgical facilities are immediately available for skilled
3 emergency treatment of an injured contestant. It is the
4 responsibility of the promoter to ensure that the building to
5 be used for the event complies with all laws, ordinances, and
6 regulations in the city, town, or village where the contest is
7 to be held. The Department may issue a permit to any promoter
8 who meets the requirements of this Act and the rules. The
9 permit shall only be issued for a specific date and location of
10 a contest and shall not be transferable. In an emergency, the
11 Department may allow a promoter to amend a permit application
12 to hold a contest in a different location than the application
13 specifies and may allow the promoter to substitute contestants.
14     (e) The Department shall be responsible for assigning the
15 judges, timekeepers, referees, physicians, and medical
16 personnel for a contest. It shall be the responsibility of the
17 promoter to cover the cost of the individuals utilized at a
18 contest.
19 (Source: P.A. 95-593, eff. 6-1-08.)
 
20     (225 ILCS 105/11)  (from Ch. 111, par. 5011)
21     (Section scheduled to be repealed on January 1, 2012)
22     Sec. 11. Qualifications for license. The Department shall
23 grant licenses to the following persons if the following
24 qualifications are met:
25     (A) An applicant for licensure as a contestant in a contest

 

 

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1 must: (1) be 18 years old, (2) be of good moral character, (3)
2 file an application stating the applicant's correct name (and
3 no assumed or ring name may be used unless such name is
4 registered with the Department along with the applicant's
5 correct name), date and place of birth, place of current
6 residence, and a sworn statement that he is not currently in
7 violation of any federal, State or local laws or rules
8 governing boxing, martial arts, or full-contact mixed martial
9 arts, (4) file a certificate of a physician licensed to
10 practice medicine in all of its branches which attests that the
11 applicant is physically fit and qualified to participate in
12 contests, and (5) pay the required fee and meet any other
13 requirements. Applicants over age 35 who have not competed in a
14 contest within the last 36 months may be required to appear
15 before the Board to determine their fitness to participate in a
16 contest. A picture identification card shall be issued to all
17 contestants licensed by the Department who are residents of
18 Illinois or who are residents of any jurisdiction, state, or
19 country that does not regulate professional boxing, martial
20 arts, or full-contact mixed martial arts. The identification
21 card shall be presented to the Department or its representative
22 upon request at weigh-ins.
23     (B) An applicant for licensure as a referee, judge,
24 manager, second, matchmaker, or timekeeper must: (1) be of good
25 moral character, (2) file an application stating the
26 applicant's name, date and place of birth, and place of current

 

 

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1 residence along with a certifying statement that he is not
2 currently in violation of any federal, State, or local laws or
3 rules governing boxing, martial arts, or full-contact mixed
4 martial arts, (3) have had satisfactory experience in his
5 field, (4) pay the required fee, and (5) meet any other
6 requirements as determined by rule.
7     (C) An applicant for licensure as a promoter must: (1) be
8 of good moral character, (2) file an application with the
9 Department stating the applicant's name, date and place of
10 birth, place of current residence along with a certifying
11 statement that he is not currently in violation of any federal,
12 State, or local laws or rules governing boxing, martial arts,
13 or full-contact mixed martial arts, (3) provide proof of a
14 surety bond of no less than $5,000 to cover financial
15 obligations pursuant to this Act, payable to the Department and
16 conditioned for the payment of the tax imposed by this Act and
17 compliance with this Act and the rules promulgated pursuant to
18 this Act, (4) provide a financial statement, prepared by a
19 certified public accountant, showing liquid working capital of
20 $10,000 or more, or a $10,000 performance bond guaranteeing
21 payment of all obligations relating to the promotional
22 activities, and (5) pay the required fee and meet any other
23 requirements.
24     In determining good moral character, the Department may
25 take into consideration any violation of any of the provisions
26 of Section 16 of this Act and any felony conviction of the

 

 

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1 applicant, but such a conviction shall not operate as a bar to
2 licensure. No license issued under this Act is transferable.
3     The Department may issue temporary licenses as provided by
4 rule.
5 (Source: P.A. 95-593, eff. 6-1-08.)
 
6     (225 ILCS 105/16)  (from Ch. 111, par. 5016)
7     (Section scheduled to be repealed on January 1, 2012)
8     Sec. 16. Discipline and sanctions.
9     (a) The Department may refuse to issue a permit or license,
10 refuse to renew, suspend, revoke, reprimand, place on
11 probation, or take such other disciplinary action as the
12 Department may deem proper, including the imposition of fines
13 not to exceed $5,000 for each violation, with regard to any
14 license for one or any combination of the following reasons:
15         (1) gambling, betting, or wagering on the result of or
16     a contingency connected with a contest or permitting such
17     activity to take place;
18         (2) participating in or permitting a sham or fake
19     contest;
20         (3) holding the contest at any other time or place than
21     is stated on the permit application;
22         (4) permitting any contestant other than those stated
23     on the permit application to participate in a contest,
24     except as provided in Section 9;
25         (5) violation or aiding in the violation of any of the

 

 

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

 

 

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1         (15) physical illness, including, but not limited to,
2     deterioration through the aging process, or loss of motor
3     skills which results in the inability to participate in
4     contests with reasonable judgment, skill, or safety;
5         (16) allowing one's license or permit issued under this
6     Act to be used by another person;
7         (17) failing, within a reasonable time, to provide any
8     information requested by the Department as a result of a
9     formal or informal complaint;
10         (18) professional incompetence;
11         (19) failure to file a return, or to pay the tax,
12     penalty or interest shown in a filed return, or to pay any
13     final assessment of tax, penalty or interest, as required
14     by any tax Act administered by the Illinois Department of
15     Revenue, until such time as the requirements of any such
16     tax Act are satisfied;
17         (20) (blank);
18         (21) habitual or excessive use or addiction to alcohol,
19     narcotics, stimulants, or any other chemical agent or drug
20     that results in an inability to participate in an event; or
21         (22) failure to stop a contest or exhibition when
22     requested to do so by the Department.
23     (b) The determination by a circuit court that a licensee is
24 subject to involuntary admission or judicial admission as
25 provided in the Mental Health and Developmental Disabilities
26 Code operates as an automatic suspension. The suspension will

 

 

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

 

 

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1 hearing, that the refusal to submit to the examination was
2 without reasonable cause.
3     (d) If the Board finds an individual unable to practice
4 because of the reasons set forth in this Section, the Board
5 shall require the individual to submit to care, counseling, or
6 treatment by physicians or clinical psychologists approved or
7 designated by the Board, as a condition, term, or restriction
8 for continued, reinstated, or renewed licensure, or in lieu of
9 care, counseling, or treatment, the Board may recommend to the
10 Department to file a complaint to immediately suspend, revoke,
11 or otherwise discipline the license of the individual. Any
12 individual whose license was granted pursuant to this Act, or
13 continued, reinstated, renewed, disciplined, or supervised,
14 subject to such conditions, terms, or restrictions, who shall
15 fail to comply with such conditions, terms, or restrictions,
16 shall be referred to the Director for a determination as to
17 whether the individual shall have his or her license suspended
18 immediately, pending a hearing by the Board.
19 (Source: P.A. 95-593, eff. 6-1-08.)
 
20     (225 ILCS 105/25.1)
21     (Section scheduled to be repealed on January 1, 2012)
22     Sec. 25.1. Medical Suspension. A licensee who is determined
23 by the examining physician to be unfit to compete or officiate
24 shall be immediately suspended until it is shown that he or she
25 is fit for further competition or officiating. If the licensee

 

 

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1 disagrees with a medical suspension set at the discretion of
2 the ringside physician, he or she may request a hearing to show
3 proof of fitness. The hearing shall be provided at the earliest
4 opportunity after the Department receives a written request
5 from the licensee.
6     If the referee has rendered a decision of technical
7 knockout against a contestant or if the contestant is knocked
8 out other than by a blow to the head, the contestant shall be
9 immediately suspended for a period of not less than 30 days. In
10 a full-contact mixed martial arts art contest, if the
11 contestant has tapped out or has submitted, the referee shall
12 stop the contest and the ringside physician shall determine the
13 length of suspension.
14     If the contestant has been knocked out by a blow to the
15 head, he or she shall be suspended immediately for a period of
16 not less than 45 days.
17     Prior to reinstatement, any contestant suspended for his or
18 her medical protection shall satisfactorily pass a medical
19 examination upon the direction of the Department. The examining
20 physician may require any necessary medical procedures during
21 the examination.
22 (Source: P.A. 95-593, eff. 6-1-08.)
 
23     (225 ILCS 105/1.5 rep.)
24     Section 10. The Professional Boxing Act is amended by
25 repealing Section 1.5.
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.