December 15, 2009 - Offered by Representative Colon.
AB438-ASA1,1,8
1An Act to repeal 444.09 (8);
to renumber and amend 444.02;
to amend
2chapter 444 (title), 444.02 (title), 444.03, 444.04, 444.06, 444.09 (title), 444.09
3(1), 444.09 (3), 444.09 (6), 444.10 (title), 444.11, 444.12, 444.13, 444.14, 444.15
4and 444.18; and
to create 20.165 (1) (im), 444.01 (1g), 444.01 (1m), 444.01 (1r),
5444.01 (3), 444.01 (4), 444.02 (3) (a), 444.02 (3) (b), 444.02 (3) (c), 444.035, 444.09
6(9), 444.095 and 444.19 of the statutes;
relating to: changes in the regulation
7of boxing contests, regulating mixed martial arts fighting contests, granting
8rule-making authority, making appropriations, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB438-ASA1, s. 1
9Section
1. 20.165 (1) (im) of the statutes is created to read:
AB438-ASA1,1,1210
20.165
(1) (im)
Boxing and mixed martial arts fighting; enforcement. Fifty
11percent of all moneys received in forfeitures imposed under s. 444.14, for
12enforcement of ch. 444.
AB438-ASA1, s. 2
1Section
2. Chapter 444 (title) of the statutes is amended to read:
AB438-ASA1,2,42
Chapter 444
3
regulation of boxing
and
4
mixed martial arts fighting
AB438-ASA1,2,86
444.01
(1g) "Amateur mixed martial arts fighting contest" means a mixed
7martial arts fighting contest or exhibition in which none of the fighters are
8compensated for participating in the contest or exhibition.
AB438-ASA1,2,1110
444.01
(1m) "Physician" means a person licensed to practice medicine and
11surgery under s. 448.04 (1) (a).
AB438-ASA1,2,1313
444.01
(1r) "Mixed martial arts fighting" does not include any of the following:
AB438-ASA1,2,1614
(a) Fighting in which the contestants in a match use the same single form of
15martial arts, even if the match is part of an event comprising more than one such
16match and not all the matches in the event use the same single form of martial arts.
AB438-ASA1,2,1817
(b) A martial arts match in which the rules prohibit a contestant from striking
18an opponent's head with the intent to cause unconsciousness or inflict damage.
AB438-ASA1,2,2120
444.01
(3) "Professional contest" means a professional boxing contest or a
21professional mixed martial arts fighting contest.
AB438-ASA1,2,2523
444.01
(4) "Professional mixed martial arts fighting contest" means a mixed
24martial arts fighting contest in which one or more of the fighters is compensated for
25participating in the contest or exhibition.
AB438-ASA1,3,2
2444.02 (title)
Boxing licenses, Licenses and permits.
AB438-ASA1, s. 9
3Section
9. 444.02 of the statutes is renumbered 444.02 (1) and amended to
4read:
AB438-ASA1,3,115
444.02
(1) The department shall have the sole direction, management
, and
6control of, and jurisdiction over, all professional
boxing contests
and all amateur
7mixed martial arts fighting contests conducted within the state by any
promoter or 8club. No
club or promoter may conduct professional
boxing contests
may be
9conducted or amateur mixed martial arts fighting contests within the state except
10under authority granted by the department and in accordance with this chapter and
11the rules of the department.
AB438-ASA1,3,19
12(2) The department may issue, and for cause limit, suspend, or revoke, a license
13to conduct professional
boxing contests
or amateur mixed martial arts fighting
14contests to any
promoter or incorporated club formed as provided in this chapter.
15Every license shall be subject to the department's rules and regulations. The
16department may limit the number of professional
boxing contests
and amateur
17mixed martial arts fighting contests given by any
promoter or club in any city, village,
18or town
and may reprimand a promoter or club for violating this chapter or any rule
19of the department.
AB438-ASA1,4,2
20(3) No professional
boxing contest
or amateur mixed martial arts fighting
21contest may be conducted by any licensed club without a permit from the
22department.
Every license shall be subject to such rules and regulations as the
23department prescribes. The department may reprimand clubs for violating this
24chapter or any rules of the department. An application for a permit shall be
25accompanied by a nonrefundable $300 processing fee. Every permit shall be
1conditioned on payment by the promoter or club to the department, within 2 business
2days after the event for which the permit was issued, of the following fees:
AB438-ASA1,4,54
444.02
(3) (a) If the number of tickets sold for the event is less than 2,000, an
5event fee of $450.
AB438-ASA1,4,97
444.02
(3) (b) If the number of tickets sold for the event is less than 5,000 but
8more than 1,999, an event fee of $2,200 plus a gate fee equal to the lesser of 5 percent
9of the total amount collected by the club or promoter in gross ticket sales or $4,000.
AB438-ASA1,4,1311
444.02
(3) (c) If the number of tickets sold for the event is 5,000 or more, an
12event fee of $4,700 plus a gate fee equal to the lesser of 5 percent of the total amount
13collected by the club or promoter in gross ticket sales or $12,500.
AB438-ASA1,5,2
15444.03 Application for license; fee. No professional
boxing contest
or
16amateur mixed martial arts fighting contest may be conducted by any
promoter or 17club except by license granted to it by the department
, and no club may be licensed
18unless it is incorporated under the laws of Wisconsin and its membership is limited
19to persons who have been continuous residents in the state for at least one year. An
20application for a license shall be in writing, addressed to the department, and
21verified by
the promoter or by an officer of the club. An application shall be
22accompanied by an annual fee of
$25 in cities, villages, and towns of not more than
2350,000 inhabitants, $50 in cities of over 50,000 and not more than 150,000
24inhabitants, and $300 in cities of over 150,000 inhabitants when the admission is
25over $1 and $50 when the admission charge is $1 or less $500. The application must
1show that the
promoter or club has entered into a valid agreement for the use of the
2building, amphitheater, or stadium in which contests are to be held.
AB438-ASA1,5,8
4444.035 Bond. The department shall by rule require a promoter or club
5conducting a professional contest or amateur mixed martial arts fighting contest to
6post a bond or other surety in a reasonable amount determined by the department
7to ensure payment of the promoter's or club's expenses in conducting the contest,
8including payments to contestants and to the department.
AB438-ASA1,5,19
10444.04 Club Promoter and club reports. Within
24 hours
2 business days 11after a
promoter or club holds a professional
boxing contest
or amateur mixed
12martial arts fighting contest, the club shall furnish to the department a written
13report, verified by
the promoter or by one of
its the club's officers
under penalty of
14perjury, showing the number of tickets sold for the contest, the amount of gross
15proceeds, and all other information the department requires by rule to be included
16in the report.
The department may limit, suspend, revoke, or assess a forfeiture to
17the promoter or club for failure to comply with this section or failure to provide
18accurate information to the department. Any forfeiture collected under this section
19shall be deposited in the appropriation account under s. 20.165 (1) (jm).
AB438-ASA1,6,10
21444.06 Inspectors. The department shall appoint official
"inspectors,
" each
22of whom shall receive a card authorizing the inspector to act wherever the
23department designates. The department may be, and at least one inspector shall be
24present at all professional
boxing contests
and all amateur mixed martial arts
25fighting contests and see that the rules are strictly observed.
An inspector shall also
1be present at the counting up of the gross receipts and shall immediately mail to the
2department the official box-office statement received from the club. Inspectors
shall
3be paid a per diem to be set by the department, not to exceed $25 for each day on
4which they are actually and necessarily engaged in the performance of their duties,
5and shall be reimbursed for their actual and necessary expenses incurred in the
6performance of their duties.
The department may require a promoter or club to pay
7the cost of designating additional inspectors, who may include a referee or judge
8performing the duties of an inspector, for an event. The department may require a
9promoter or club to pay the department an amount not to exceed $250 for each
10additional inspector designated by the department.
AB438-ASA1,6,12
12444.09 (title)
Conduct of boxing contests regulated.
AB438-ASA1,6,1614
444.09
(1) No professional boxing contest shall be for more than
10 12 rounds
15except that where a championship is to be determined, the contest shall not be for
16more than 15 rounds, and no round shall last more than 3 minutes.
AB438-ASA1,6,2018
444.09
(3) Gloves weighing not less than
5 8 ounces shall be worn by
19contestants who are in professional boxing contests and who weigh under 140
20pounds, and not less than
6 10 ounces by other contestants
in boxing contests.
AB438-ASA1,7,222
444.09
(6) Contestants in professional boxing contests shall break clean, and
23must not hold and hit. Butting with head or shoulders, wrestling, or illegal use of
24elbows shall not be allowed
by contestants in professional boxing contests. There
1shall be no unsportsmanlike conduct on the part of the contestants. This includes
2the use of abusive or insulting language.
AB438-ASA1,7,65
444.09
(9) Except as otherwise specified in this chapter, boxing contests shall
6be conducted under the Association of Boxing Commissions' uniform boxing rules.
AB438-ASA1,7,11
8444.095 Conduct of mixed martial arts fighting contests regulated. (1) 9No individual may be a contestant in an amateur mixed martial arts fighting contest
10unless the individual can provide evidence that he or she is covered by adequate
11health insurance.
AB438-ASA1,7,13
12(2) No promoter or club may conduct a mixed martial arts fighting contest
13unless all of the following apply:
AB438-ASA1,7,1514
(a) There is present at least one referee who is licensed by the department and
15at least 3 judges who are licensed by the department.
AB438-ASA1,7,1716
(b) A physician examines each contestant immediately before and after each
17match in which the contestant participates.
AB438-ASA1,7,1918
(c) A physician is present during each match to provide emergency care in the
19event of an injury.
AB438-ASA1,7,2120
(d) An ambulance and emergency medical services personnel with oxygen are
21present on the premises and equipped to transport an injured contestant.
AB438-ASA1,7,23
22(3) The department shall promulgate rules that establish all of the following
23with respect to mixed martial arts fighting contests:
AB438-ASA1,7,2524
(a) Qualifications and fees for licensure of referees and judges for mixed martial
25arts fighting contests.
AB438-ASA1,8,2
1(b) Requirements for regular health examinations of mixed martial arts
2fighting contestants, including all of the following:
AB438-ASA1,8,43
1. Annual physical examinations by physicians and annual eye examinations
4by physicians who are board-certified ophthalmologists.
AB438-ASA1,8,55
2. Annual screening for HIV, hepatitis B, and hepatitis C.
AB438-ASA1,8,66
3. For female contestants, pregnancy tests before contests.
AB438-ASA1,8,87
(c) Policies prohibiting contestants from using drugs, including anabolic
8steroids, and mandating drug testing of contestants.
AB438-ASA1,8,11
9(4) Except as otherwise specified in this chapter, mixed martial arts fighting
10contests shall be conducted under the Association of Boxing Commissions' uniform
11rules of mixed martial arts.
AB438-ASA1,8,13
13444.10 (title)
Physician to examine professional boxing contestants.
AB438-ASA1,8,25
15444.11 Licenses to matchmakers, referees,
boxers contestants, etc. The
16department may grant licenses upon application and the payment of the prescribed
17fees to matchmakers, managers, referees,
examining physicians, boxers,
mixed
18martial arts fighters, seconds, and trainers in professional
boxing contests
and
19amateur mixed martial arts fighting contests. The fees to be paid per year shall be:
20Matchmakers
in cities with a population of over 150,000, $25; matchmakers in other
21cities and in villages and towns, $10; and managers, $10; referees
and judges, $15;
22examining physicians, $10; boxers
, $5, $40 and mixed martial arts fighters; seconds
,
23$40; and
trainers timekeepers,
$5 $10. The department may limit, suspend, or
24revoke any
such license
granted under this section or reprimand the
holder thereof 25licensee upon such cause as it deems sufficient.
AB438-ASA1,9,6
2444.12 Referee to stop contest. The referee must stop a professional
boxing 3contest
or amateur mixed martial arts fighting contest when either of the
4contestants shows a marked superiority or is apparently outclassed.
The referee
5shall be the sole arbiter of the contest and may consult the physician identified in s.
6444.095 (2) (c) during the contest.
AB438-ASA1,9,13
8444.13 Sham contests, license revoked. Any
promoter or club that
9conducts, holds, gives, or participates in any sham or fake professional
boxing 10contest
or amateur mixed martial arts fighting contest shall forfeit its license. That
11license shall be revoked by the department, and the
promoter or club shall not be
12entitled to another license
, nor shall any license be issued to any club that has a
13member who belonged to a club that had its license revoked.
AB438-ASA1,9,26
15444.14 Sham contests; contestants penalized; forfeitures; hearing. Any 16The department shall ban a contestant who participates in any sham or fake
17professional
boxing contest
or amateur mixed martial arts fighting contest or
18violates any rule
or regulation of promulgated by the department
shall be penalized
19as follows: For the first offense the contestant shall be restrained by order of the
20department for not less than 2 months nor more than one year, the period to begin
21immediately after the occurrence of the offense, from participation in the contest to
22be held or given by any licensed club; for a 2nd offense, the contestant shall be
23permanently disqualified from further admission or participation in any such
24contest held or given by any licensed club and in addition, for each such offense, shall
25forfeit such amount, out of the share or purse agreed to be paid the contestant for the
1contest as the department determines, the forfeit to be paid into the general fund of
2the state. The department, upon determining the amount of the forfeit, may pay the
3same out of any guarantee deposited with it for delivery to the contestant or may
4order it paid to the department by the club employing the contestant out of the purse
5or share agreed by it to be paid to the contestant. The department shall not
6determine the forfeit until after due hearing held upon reasonable notice duly served
7upon, and may require the contestant
or
, the contestant's manager
and upon the club
8by whom the contestant is employed. Any member of the department or the secretary
9or any inspector of the department may order the club to hold the share or purse of
10the contestant in its possession pending the hearing and determination of the
11department. For failure to obey any order of the department or the secretary of the
12department or any inspector of the department given under this section, the license
13of the club may be limited, suspended, canceled, or revoked, and the club may be
14reprimanded, or the promoter of the contest to forfeit an amount determined by the
15department, but not more than $500. Fifty percent of all forfeitures collected under
16this section shall be deposited in the appropriation account under s. 20.165 (1) (im).
AB438-ASA1,11,6
18444.15 Reports; examination of books and officers. Whenever any
19promoter or club fails to make a report of any professional
boxing contest
or amateur
20mixed martial arts fighting contest at the time prescribed or whenever a report is
21unsatisfactory to the department, the secretary
of the department may examine the
22books and records of the
promoter or club
and, may subpoena and examine, under
23oath, the
promoter or the club's officers and other witnesses to determine the total
24amount of its gross receipts for any contest
, and may hire an independent auditor to
25assist in making the determination. The secretary may require the
promoter or club
1to pay the expenses of conducting the examination
or the independent auditor's fee.
2If a
promoter or club fails to pay the amount of expenses determined by the secretary
3to be due within 20 days after receiving notice of the amount, the
promoter or club
4shall forfeit its license, be disqualified from receiving any license under this chapter,
5and forfeit to the state the sum of $1,000, which may be recovered by the department
6of justice in the name of the state.
AB438-ASA1,11,17
8444.18 Insurance on boxers certain contestants. Any licensee authorized
9to conduct professional
boxing contests
or amateur mixed martial arts fighting
10contests shall insure each contestant participating for hospital, nursing, and
11medication expenses and physician's and surgeon's services according to an
12equitable fee schedule, not to exceed in the aggregate
$500 $25,000, to be paid to, or
13for the use of, any contestant to compensate for injuries sustained in any such
14contest; and shall insure each contestant for not less than
$2,500 $25,000 to be paid
15to the contestant's estate in the event of the contestant's death as the result of
16participation in such professional
boxing contest
or amateur mixed martial arts
17fighting contest.
AB438-ASA1,11,22
19444.19 Fee adjustments by rule. Notwithstanding ss. 444.02 (3), 444.03,
20444.06, and 444.11, the department may by rule adjust the fees under this chapter
21to account for changes in the department's costs in administering and enforcing this
22chapter.
AB438-ASA1,12,324
(1) The department of regulation and licensing shall submit in proposed form
25the rule required under section 444.035 of the statutes, as created by this act, and
1any additional rules necessary for the department to implement this act to the
2legislative council staff under section 227.15 (1) of the statutes no later than than the
3first day of the 6th month beginning after the effective date of this subsection.
AB438-ASA1,12,134
(2) Using the procedure under section 227.24 of the statutes, the department
5of regulation and licensing shall promulgate the rule required under section 444.035
6of the statutes, as created by this act, and any additional rules necessary for the
7department to implement this act for the period before the effective date of the rule
8submitted under subsection (1), but not to exceed the period authorized under section
9227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b),
10and (3) of the statutes, the department is not required to provide evidence that
11promulgating a rule under this subsection as an emergency rule is necessary for the
12preservation of the public peace, health, safety, or welfare and is not required to
13provide a finding of emergency for a rule promulgated under this subsection.
AB438-ASA1,12,1714
(3) The authorized FTE positions for the department of regulation and
15licensing are increased by 3.0 PR positions, to be funded from the appropriation
16under section 20.165 (1) (g) of the statutes, for the purpose of providing increased
17staff for the administration of chapter 444 of the statutes, as affected by this act.
AB438-ASA1,12,2419
(1)
In the schedule under section 20.005 (3) of the statutes for the appropriation
20to the department of regulation and licensing under section 20.165 (1) (g) of the
21statutes, as affected by the acts of 2009, the dollar amount is increased by $245,440
22for the second fiscal year of the fiscal biennium in which this subsection takes effect
23to provide additional funding for the administration and enforcement of chapter 444
24of the statutes, as affected by this act.