AB76: Bill Text

LRB-1365/1

MED:wlj:jm

2015 - 2016 LEGISLATURE

2015 Assembly BILL 76

March 5, 2015 - Introduced by Representatives Kleefisch, Berceau, Brostoff, Danou, Edming, Hintz, Kahl, Mursau, A. Ott, Zepnick, Zamarripa and Steffen, cosponsored by Senators Cowles, Hansen and Harris Dodd. Referred to Committee on State Affairs and Government Operations.

AB76,1,6 An Act to amend 20.165 (1) (im), chapter 444 (title), 444.01 (1g), 444.01 (3), 444.01 (4), 444.02 (1), 444.02 (2), 444.02 (3) (intro.), 444.03, 444.035, 444.04, 444.06, 444.095 (title), 444.095 (1), 444.095 (2) (intro.), 444.095 (3) (intro.), 444.095 (3) (a), 444.095 (3) (b) (intro.), 444.11, 444.12, 444.13, 444.14, 444.15 and 444.18; and to create 444.01 (5) and 444.015 of the statutes; relating to: regulation of unarmed combat sports.

Analysis by the Legislative Reference Bureau

Current law contains numerous provisions regulating professional boxing and amateur and professional mixed martial arts (MMA) fighting contests and exhibitions. These provisions require licensure of promoters and clubs where contests and exhibitions are held; permits for boxing and MMA fighting contests; and licenses for matchmakers, managers, referees, boxers, mixed martial arts fighters, and seconds. They also contain other requirements that apply specifically to either boxing or MMA contests or exhibitions. With respect to MMA fighting contests, the requirements of the law include 1) that contestants be covered by adequate health insurance; 2) that licensed referees and judges be present at MMA contests; and 3) that a physician be present at each match and that emergency medical services personnel be present. These provisions regulating professional boxing and amateur and professional MMA fighting contests and exhibitions are enforced and administered by the Department of Safety and Professional Services, which has promulgated more detailed rules to implement them.

This bill generally substitutes "unarmed combat sports" for "mixed martial arts fighting" in these provisions so that all unarmed combat sports—including wrestling, kickboxing, karate, mixed martial arts, and any other form of unarmed combat—are subject to the same laws that apply to amateur and professional MMA fighting. The bill exempts from the law, however: 1) any karate contest, match, or exhibition in which all of the contestants are amateur participants; 2) any interscholastic or intercollegiate contest, match, or exhibition; and 3) an elementary or secondary school, college, or university karate or wrestling coach who receives compensation for teaching or coaching karate or wrestling only from the school, college, or university.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB76,1 Section 1. 20.165 (1) (im) of the statutes is amended to read:

AB76,2,4 20.165 (1) (im) Boxing and mixed martial arts fighting unarmed combat sports ; enforcement. Fifty percent of all moneys received in forfeitures imposed under s. 444.14, for enforcement of ch. 444.

AB76,2 Section 2. Chapter 444 (title) of the statutes is amended to read:

AB76,2,6 CHAPTER 444

AB76,2,9 REGULATION OF BOXING AND MIXED MARTIAL ARTS FIGHTING Unarmed combat sports

AB76,3 Section 3. 444.01 (1g) of the statutes is amended to read:

AB76,2,14 444.01 (1g) "Amateur mixed martial arts fighting unarmed combat sports contest" means a mixed martial arts fighting contest or exhibition of unarmed combat sports in which none of the fighters contestants are compensated for participating in the contest or exhibition.

AB76,4 Section 4. 444.01 (3) of the statutes is amended to read:

AB76,3,2 444.01 (3) "Professional contest" means a professional boxing contest or a professional mixed martial arts fighting unarmed combat sports contest.

AB76,5 Section 5. 444.01 (4) of the statutes is amended to read:

AB76,3,7 444.01 (4) "Professional mixed martial arts fighting unarmed combat sports contest" means a mixed martial arts fighting contest or exhibition of unarmed combat sports in which one or more of the fighters contestants is compensated for participating in the contest or exhibition.

AB76,6 Section 6. 444.01 (5) of the statutes is created to read:

AB76,3,11 444.01 (5) "Unarmed combat sports" includes wrestling, kickboxing, karate, mixed martial arts, and any other form of unarmed combat, but does not include boxing.

AB76,7 Section 7. 444.015 of the statutes is created to read:

AB76,3,15 444.015 Application of this chapter. (1) In this section, "amateur" means a contestant who does not compete for a prize, in cash or otherwise, that has a value of more than $25.

AB76,3,17 (2) This chapter does not apply to, or require any license or permit for, any of the following:

AB76,3,19 (a) Any karate contest, match, or exhibition in which all of the contestants are amateur participants.

AB76,3,20 (b) Any interscholastic or intercollegiate contest, match, or exhibition.

AB76,3,23 (c) An elementary or secondary school, college, or university karate or wrestling coach who receives compensation for teaching or coaching karate or wrestling only from the school, college, or university.

AB76,8 Section 8. 444.02 (1) of the statutes is amended to read:

AB76,4,7 444.02 (1) The department shall have the sole direction, management, and control of, and jurisdiction over, all professional contests and all amateur mixed martial arts fighting unarmed combat sports contests conducted within the state by any promoter or club. No club or promoter may conduct professional contests or amateur mixed martial arts fighting unarmed combat sports contests within the state except under authority granted by the department and in accordance with this chapter and the rules of the department.

AB76,9 Section 9. 444.02 (2) of the statutes is amended to read:

AB76,4,16 444.02 (2) The department may issue, and for cause limit, suspend, or revoke, a license to conduct professional contests or amateur mixed martial arts fighting unarmed combat sports contests to any promoter or incorporated club formed as provided in this chapter. Every license shall be subject to the department's rules and regulations. The department may limit the number of professional contests and amateur mixed martial arts fighting unarmed combat sports contests given by any promoter or club in any city, village, or town and may reprimand a promoter or club for violating this chapter or any rule of the department.

AB76,10 Section 10. 444.02 (3) (intro.) of the statutes is amended to read:

AB76,4,23 444.02 (3) (intro.) No professional contest or amateur mixed martial arts fighting unarmed combat sports contest may be conducted by any licensed club without a permit from the department. An application for a permit shall be accompanied by a nonrefundable $300 processing fee. Every permit shall be conditioned on payment by the promoter or club to the department, within 2 business days after the event for which the permit was issued, of the following fees:

AB76,11 Section 11. 444.03 of the statutes is amended to read:

AB76,5,8 444.03 Application for license; fee. No professional contest or amateur mixed martial arts fighting unarmed combat sports contest may be conducted by any promoter or club except by license granted to it by the department. An application for a license shall be in writing, addressed to the department, and verified by the promoter or by an officer of the club. An application shall be accompanied by an annual fee of $500. The application must show that the promoter or club has entered into a valid agreement for the use of the building, amphitheater, or stadium in which contests are to be held.

AB76,12 Section 12. 444.035 of the statutes is amended to read:

AB76,5,15 444.035 Bond. The department shall by rule require a promoter or club conducting a professional contest or amateur mixed martial arts fighting unarmed combat sports contest to post a bond or other surety in a reasonable amount determined by the department to ensure payment of the promoter's or club's expenses in conducting the contest, including payments to contestants and to the department.

AB76,13 Section 13. 444.04 of the statutes is amended to read:

AB76,6,2 444.04 Promoter and club reports. Within 2 business days after a promoter or club holds a professional contest or amateur mixed martial arts fighting unarmed combat sports contest, the club shall furnish to the department a written report, verified by the promoter or by one of the club's officers under penalty of perjury, showing the number of tickets sold for the contest, the amount of gross proceeds, and all other information the department requires by rule to be included in the report. The department may limit, suspend, revoke, or assess a forfeiture to the promoter or club for failure to comply with this section or failure to provide accurate information to the department. Any forfeiture collected under this section shall be deposited in the appropriation account under s. 20.165 (1) (jm).

AB76,14 Section 14. 444.06 of the statutes is amended to read:

AB76,6,14 444.06 Inspectors. The department shall appoint official inspectors, each of whom shall receive a card authorizing the inspector to act wherever the department designates. The department may be, and at least one inspector shall be present at all professional contests and all amateur mixed martial arts fighting unarmed combat sports contests and see that the rules are strictly observed. Inspectors shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. The department may require a promoter or club to pay the cost of designating additional inspectors, who may include a referee or judge performing the duties of an inspector, for an event. The department may require a promoter or club to pay the department an amount not to exceed $250 for each additional inspector designated by the department.

AB76,15 Section 15. 444.095 (title) of the statutes is amended to read:

AB76,6,17 444.095 (title) Conduct of mixed martial arts fighting unarmed combat sports contests regulated.

AB76,16 Section 16. 444.095 (1) of the statutes is amended to read:

AB76,6,21 444.095 (1) No individual may be a contestant in an amateur mixed martial arts fighting unarmed combat sports contest unless the individual can provide evidence that he or she is covered by adequate health insurance.

AB76,17 Section 17. 444.095 (2) (intro.) of the statutes is amended to read:

AB76,6,24 444.095 (2) (intro.) No promoter or club may conduct a mixed martial arts fighting an unarmed combat sports contest unless all of the following apply:

AB76,18 Section 18. 444.095 (3) (intro.) of the statutes is amended to read:

AB76,7,3 444.095 (3) (intro.) The department shall promulgate rules that establish all of the following with respect to mixed martial arts fighting unarmed combat sports contests:

AB76,19 Section 19. 444.095 (3) (a) of the statutes is amended to read:

AB76,7,6 444.095 (3) (a) Qualifications and fees for licensure of referees and judges for mixed martial arts fighting unarmed combat sports contests.

AB76,20 Section 20. 444.095 (3) (b) (intro.) of the statutes is amended to read:

AB76,7,10 444.095 (3) (b) (intro.) Requirements for regular health examinations of mixed martial arts fighting unarmed combat sports contestants, including all of the following:

AB76,21 Section 21. 444.11 of the statutes is amended to read:

AB76,7,21 444.11 Licenses to matchmakers, referees, contestants, etc. The department may grant licenses upon application and the payment of the prescribed fees to matchmakers, managers, referees, boxers, mixed martial arts fighters unarmed combat sports contestants, seconds, and trainers timekeepers in professional contests and amateur mixed martial arts fighting unarmed combat sports contests. The fees to be paid per year shall be: Matchmakers and managers, $10; referees and judges, $15; examining physicians, $10; boxers and mixed martial arts fighters unarmed combat sports contestants, $40; seconds, $40; and timekeepers, $10. The department may limit, suspend, or revoke any license granted under this section or reprimand the licensee upon such cause as it deems sufficient.

AB76,22 Section 22. 444.12 of the statutes is amended to read:

AB76,8,2 444.12 Referee to stop contest. The referee must shall stop a professional contest or amateur mixed martial arts fighting unarmed combat sports contest when either of the contestants shows a marked superiority or is apparently outclassed. The referee shall be the sole arbiter of the contest and may consult the physician identified in s. 444.095 (2) (c) during the contest.

AB76,23 Section 23. 444.13 of the statutes is amended to read:

AB76,8,8 444.13 Sham contests, license revoked. Any promoter or club that conducts, holds, gives, or participates in any sham or fake professional contest or amateur mixed martial arts fighting unarmed combat sports contest shall forfeit its license. That license shall be revoked by the department, and the promoter or club shall not be entitled to another license.

AB76,24 Section 24. 444.14 of the statutes is amended to read: