Bill Text: IL HB0786 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Roofing Industry Licensing Act. Exempts an individual seeking to serve as the newly designated qualifying party of a licensee under the Act from the examination requirement if that individual has acted in the capacity of a roofing contractor for a period of at least 15 years for the licensee for which he or she seeks to be the qualifying party. Provides that if a general contractor who applies for a permit with a local unit of government and knowingly submits a roofing license number that is not that of the roofing contractor who will be the subcontractor for the project for which the general contractor has requested the permit, the general contractor shall be guilty of identity theft under the Criminal Code of 1961.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0663 [HB0786 Detail]

Download: Illinois-2009-HB0786-Enrolled.html

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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, 11, 16, and 25.1 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(Section scheduled to be repealed on January 1, 2012)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 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,
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.
(Source: P.A. 95-593, eff. 6-1-08.)

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(Section scheduled to be repealed on January 1, 2012)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

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corporation, gymnasium, or club.
12. (Blank).
13. (Blank).
14. (Blank).
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
participants in the contest.
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.
17. "Amateur" means a person who is not competing for,
and has never received or competed for, any purse or other
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.
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.
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.
20. "Matchmaker" means a person licensed by the
Department who brings together contestants or procures

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matches or contests for contestants.
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.
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
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 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.
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.)
(225 ILCS 105/6) (from Ch. 111, par. 5006)
(Section scheduled to be repealed on January 1, 2012)
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:
(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., Golden Gloves of
America, or other amateur sanctioning body, as determined
by rule, and amateur wrestling exhibitions.
(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)
(Section scheduled to be repealed on January 1, 2012)
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.
(Source: P.A. 95-593, eff. 6-1-08.)
(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
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 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;

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(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 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 prior
to 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 for
each contestant participating in a 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
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.
(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.
(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.
(Source: P.A. 95-593, eff. 6-1-08.)
(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 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
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
contestants 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 full-contact 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 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

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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 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.
(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,
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
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

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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.
The Department may issue temporary licenses as provided by
rule.
(Source: P.A. 95-593, eff. 6-1-08.)
(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 contest or permitting such
activity to take place;
(2) participating in or permitting a sham or fake
contest;
(3) holding the 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 contest,
except as provided in Section 9;
(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;
(6) violation of any federal, State or local laws of
the United States or other jurisdiction governing 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 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 contests;
(14) participating in a contest as a contestant while
under medical suspension in this State or in any other
state, territory or country;

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(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
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);
(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

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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

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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. 95-593, eff. 6-1-08.)
(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

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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
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 contestant or if the contestant is knocked
out other than by a blow to the head, the contestant shall be
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.
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.
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
physician may require any necessary medical procedures during
the examination.
(Source: P.A. 95-593, eff. 6-1-08.)
(225 ILCS 105/1.5 rep.)
Section 10. The Professional Boxing Act is amended by
repealing Section 1.5.

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Section 99. Effective date. This Act takes effect upon