Illinois General Assembly - Full Text of Public Act 095-0593
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Public Act 095-0593


 

Public Act 0593 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0593
 
HB1947 Enrolled LRB095 11354 RAS 32103 b

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    (Section scheduled to be repealed on January 1, 2012)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    (Section scheduled to be repealed on January 1, 2012)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    (Section scheduled to be repealed on January 1, 2012)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

Effective Date: 6/1/2008