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Public Act 096-0663
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| HB0786 Enrolled |
LRB096 07372 ASK 17458 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Professional Boxing Act is amended by |
changing Sections 0.05, 1, 6, 7, 8, 11, 16, and 25.1 as |
follows:
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(225 ILCS 105/0.05)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 0.05. Declaration of public policy. Professional |
boxing
and full-contact martial arts other contests in the |
State of Illinois, and amateur full-contact martial arts |
events, are
hereby declared to affect the public health,
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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 these contests and events |
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 these contests and |
events boxing and other contests in the State of
Illinois. This |
Act shall be liberally construed to best carry out these |
objects
and purposes.
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(Source: P.A. 95-593, eff. 6-1-08.)
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(225 ILCS 105/1) (from Ch. 111, par. 5001)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 1. Short title and definitions.
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(a) This Act may be cited as the Professional Boxing Act.
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(b) As used in this Act:
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1. "Department" means the Department of Financial and
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Professional Regulation.
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2. "Secretary" means the Secretary
of Financial and |
Professional Regulation.
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3. "Board" means the State Professional Boxing Board
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appointed by the
Secretary.
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4. "License" means the license issued for
promoters,
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contestants, or officials
in accordance with this Act.
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5. (Blank).
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6. "Contest" means a
professional boxing, martial art, |
or professional full-contact mixed martial arts art match |
or exhibition.
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7. (Blank).
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8. (Blank).
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9. "Permit" means the authorization from the |
Department to a
promoter
to conduct
contests.
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10. "Promoter" means a person who is licensed and
who
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holds a permit to conduct contests.
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11. Unless the context indicates otherwise, "person" |
includes, but is not limited to, an individual,
an
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association, organization, business entity partnership, |
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corporation, gymnasium, or club.
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12. (Blank).
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13. (Blank).
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14. (Blank).
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15. "Judge" means a person licensed by the Department |
who is
at ringside
during a contest
match and who has the |
responsibility of scoring the performance of the
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participants in the contest.
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16. "Referee" means a person licensed by the Department |
who
has the
general
supervision of
a contest and is present |
inside of the ring during the contest.
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17. "Amateur" means a person who is not competing for, |
and has never received or
competed for, any
purse or other
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article of value, directly or indirectly, either for |
participating in any contest or for the
expenses of |
training therefor,
other than a non-monetary prize that |
does not exceed $50 in value.
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18. "Contestant" means a person licensed by the
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Department who
competes for a
money prize, purse, or other |
type of compensation in a contest,
exhibition, or match |
held in
Illinois.
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19. "Second" means a person licensed by the Department |
who is
present at any
contest to provide assistance or |
advice to a contestant during the contest.
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20. "Matchmaker" means a person licensed by the |
Department who
brings
together
contestants or procures |
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matches or contests for contestants.
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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, undertakes
to, |
directly or
indirectly, control or administer the affairs |
of contestants.
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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.
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23. "Purse" means the financial guarantee or any other
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remuneration for
which contestants
are participating in a |
contest.
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24. "Physician" means a person licensed to practice |
medicine
in all its
branches under the Medical Practice Act |
of 1987.
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25. "Martial arts" means a discipline or combination of |
different disciplines that utilizes sparring techniques |
without the intent to injure, disable, or incapacitate |
one's opponent, such as, but not limited to, Karate, Kung |
Fu, Judo, and Jujitsu, Muay Thai, Tae Kwon Do, and |
Kick-boxing. |
26. "Full-contact Mixed martial arts" means the use of |
a singular discipline or a combination of techniques from |
different disciplines of the martial arts, including, |
without limitation, full-force grappling, kicking, and |
striking with the intent to injure, disable, or |
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incapacitate one's opponent.
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27. "Amateur full-contact martial arts event" means a |
full-contact martial arts match or exhibition which all of |
the participants are amateurs. |
(Source: P.A. 95-593, eff. 6-1-08.)
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(225 ILCS 105/6) (from Ch. 111, par. 5006)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 6. Restricted contests and events Prohibitions. |
(a) All professional contests in which
physical contact is |
made are prohibited in Illinois unless authorized by the |
Department pursuant to the requirements and standards stated in |
this Act and the rules adopted pursuant to this Act. |
(b) Department authorization is not required for amateur |
full-contact martial arts events conducted in a manner that |
provides substantially similar protections for the health, |
safety, and welfare of the participants and the public as are |
required for professional events by this Act and the rules |
adopted by the Department under this Act. Those protections |
shall include, at a minimum, onsite medical staff and |
equipment, trained officials, adequate insurance coverage, |
weight classes, use of appropriate safety equipment by |
participants, adequate and safe competition surfaces, and |
standards regarding striking techniques and fouls. Anyone |
conducting an amateur full-contact martial arts event shall |
notify the Department in writing of the date, time, and |
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location of that event at least 20 days prior to the event. |
Failure to comply with the requirements of this Section shall |
render the event prohibited and unauthorized by the Department, |
and persons involved in the event are subject to the procedures |
and penalties set forth in Section 10.5.
This provision does |
not apply to the following:
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(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.
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(2) Amateur boxing matches sanctioned by the United |
States Amateur Boxing
Federation, Inc., Golden Gloves of |
America, or other amateur sanctioning body, as determined |
by rule, and amateur wrestling exhibitions.
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(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. |
(Source: P.A. 95-593, eff. 6-1-08.)
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(225 ILCS 105/7) (from Ch. 111, par. 5007)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 7. In order to conduct a 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.
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(Source: P.A. 95-593, eff. 6-1-08.)
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(225 ILCS 105/8) (from Ch. 111, par. 5008)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 8. Permits.
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(a) A promoter who desires to obtain a permit to conduct a
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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:
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(1) the names and addresses of the promoter;
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(2) the name of the matchmaker;
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(3) the time and exact location of the
contest;
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(4) the seating
capacity of the building where the |
event is to be held;
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(5) a copy of the
lease or proof of ownership of the |
building where the event is to be held;
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(6) the admission
charge or charges to be made; and
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(7) proof of adequate security measures and adequate |
medical
supervision, as determined by Department rule, to |
ensure the protection of the
health and safety of the |
general public while attending contests and the
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contestants' safety while participating in the events and |
any other information
that the Department may determine by |
rule in order to issue a permit.
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(b) After the initial application and within 10 days prior |
to of a scheduled event,
a promoter shall submit to the |
Department all of the following information:
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(1) The amount of compensation to be paid to each |
participant.
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(2) The names of the contestants.
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(3) Proof of insurance for not less than $50,000 for |
each contestant
participating in a
contest or exhibition.
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Insurance required under this subsection shall cover (i)
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hospital, medication, physician, and other such expenses as |
would
accrue in the treatment of an injury as a result of the |
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 contest or exhibition.
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(c) All 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.
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(d) The contest shall be held in an area where adequate |
neurosurgical
facilities are immediately available for skilled |
emergency treatment of an
injured contestant.
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 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 contest and
shall not be transferable.
In an emergency, the |
Department may allow a promoter to amend a permit
application |
to hold a contest in a different
location than the
application |
specifies and may allow the promoter to substitute contestants.
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(e) The Department shall be responsible for assigning the |
judges,
timekeepers, referees, physicians, and medical |
personnel for a contest.
It shall be the responsibility of the |
promoter to cover the cost of the
individuals utilized at a |
contest.
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(Source: P.A. 95-593, eff. 6-1-08.)
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(225 ILCS 105/11) (from Ch. 111, par. 5011)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 11. Qualifications for license. The Department shall |
grant
licenses to the following persons
if the following |
qualifications are met:
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(A) An applicant for licensure as a contestant in a
contest |
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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
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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 full-contact 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 |
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
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contestants
licensed by the Department
who are residents of
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Illinois or who are residents of any jurisdiction, state, or |
country that does
not regulate professional boxing, martial |
arts, or full-contact mixed martial arts. The identification |
card shall be
presented to the
Department or its representative |
upon request at weigh-ins.
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(B) An applicant for licensure as a referee, judge,
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manager, second, matchmaker, or timekeeper must: (1) be of good
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moral character, (2) file
an application stating the |
applicant's name, date and place of birth, and
place of current |
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residence along with a certifying statement that
he is not
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currently in violation of any federal, State, or local laws or |
rules
governing
boxing, martial arts, or full-contact 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.
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(C) An applicant for licensure as a 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,
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State, or local laws or rules governing boxing, martial arts, |
or full-contact 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
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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.
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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 |
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applicant, but such a conviction shall
not
operate as a bar to |
licensure. No license issued under this Act is
transferable.
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The Department may issue temporary licenses as provided
by |
rule.
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(Source: P.A. 95-593, eff. 6-1-08.)
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(225 ILCS 105/16) (from Ch. 111, par. 5016)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 16. Discipline and sanctions.
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(a) The Department may refuse to issue a
permit or license, |
refuse to renew, suspend, revoke,
reprimand, place on
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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:
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(1) gambling, betting, or wagering on the result of or |
a
contingency connected
with a contest or permitting such |
activity to
take place;
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(2) participating in or permitting a sham or fake
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contest;
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(3) holding the contest at any other time or
place than
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is stated
on the permit application;
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(4) permitting any contestant other than those
stated |
on the
permit application to participate in a
contest, |
except as provided
in Section 9;
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(5) violation or aiding in the violation of any of the
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provisions of this
Act or any rules or regulations |
promulgated thereto;
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(6) violation of any federal, State or local laws of |
the
United States or other jurisdiction governing
contests |
or any regulation
promulgated pursuant thereto;
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(7) charging a greater rate or rates of admission than |
is
specified on the permit application;
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(8) failure to obtain all the necessary permits,
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registrations, or licenses as required under this Act;
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(9) failure to file the necessary bond or to pay the |
gross
receipts
tax as required by this Act;
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(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 contests;
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(11) employment of fraud, deception or any unlawful |
means in
applying
for or securing a permit or license under |
this
Act;
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(12) permitting a physician making the physical |
examination
to
knowingly certify falsely to the physical |
condition of a contestant;
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(13) permitting contestants of widely disparate |
weights or
abilities
to engage in contests;
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(14) participating in a contest as a contestant
while |
under medical suspension in this State or
in
any other
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state, territory or country;
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(15) physical illness, including, but not limited to,
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deterioration
through the aging process, or loss of motor |
skills which results in the
inability to participate in |
contests with
reasonable judgment,
skill, or safety;
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(16) allowing one's license or permit issued
under
this |
Act to be used by another person;
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(17) failing, within a reasonable time, to provide any
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information
requested by the Department as a result of a |
formal or informal
complaint;
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(18) professional incompetence;
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(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;
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(20) (blank);
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(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
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(22) failure to stop a contest or exhibition when |
requested to do so by
the Department.
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(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 |
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end only upon a finding by a court
that the licensee is no
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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.
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(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
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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 |
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hearing, that the refusal to submit to the
examination was |
without
reasonable cause.
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(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
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individual whose license was granted pursuant to this Act,
or
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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
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immediately, pending a hearing by the Board.
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(Source: P.A. 95-593, eff. 6-1-08.)
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(225 ILCS 105/25.1)
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(Section scheduled to be repealed on January 1, 2012)
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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 |
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disagrees with a medical
suspension set at the
discretion of |
the ringside physician, he or she may request a hearing to show
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proof of fitness. The
hearing shall be provided at the earliest |
opportunity after the Department
receives a written request
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from the licensee.
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If the referee has rendered a decision of technical |
knockout against a
contestant or if
the contestant is knocked |
out other than by a blow to the head, the
contestant shall be
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immediately suspended for a period of not less than 30 days. In |
a full-contact mixed martial arts 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.
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If the 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.
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Prior to reinstatement, any contestant suspended for his or |
her
medical protection shall
satisfactorily pass a medical |
examination upon the direction of the
Department. The examining
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physician may require any necessary medical procedures during |
the
examination.
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(Source: P.A. 95-593, eff. 6-1-08.)
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(225 ILCS 105/1.5 rep.) |
Section 10. The Professional Boxing Act is amended by |
repealing Section 1.5.
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