LRB-2177/1
MED:wlj
2015 - 2016 LEGISLATURE
January 22, 2016 - Introduced by Senators Cowles,
Hansen, Harris Dodd and L.
Taylor, cosponsored by Representatives Kleefisch, Berceau, Brostoff,
Danou, Edming, Hintz, Kahl, Mursau, A. Ott, Zepnick, Zamarripa and
Steffen. Referred to Committee on Agriculture, Small Business, and
Tourism.
SB599,1,7
1An Act to amend 20.165 (1) (im), chapter 444 (title), 444.01 (1g), 444.01 (3),
2444.01 (4), 444.02 (1), 444.02 (2), 444.02 (3) (intro.), 444.03, 444.035, 444.04,
3444.06, 444.095 (title), 444.095 (1), 444.095 (2) (intro.), 444.095 (2) (c), 444.095
4(3) (intro.), 444.095 (3) (a), 444.095 (3) (b) (intro.), 444.11, 444.12, 444.13,
5444.14, 444.15 and 444.18; and
to create 444.01 (1h), 444.01 (1j), 444.01 (5) and
6444.22 of the statutes;
relating to: regulation of unarmed combat sports and
7granting rule-making authority.
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 (DSPS), which
has promulgated more detailed rules to implement them.
This bill generally substitutes "unarmed combat sports" for "mixed martial arts
fighting" in these provisions, thereby subjecting any form of fighting that falls within
the bill's definition of "unarmed combat sports" to the same laws that currently apply
to amateur and professional MMA fighting. The bill defines "unarmed combat
sports" as any form of fighting in which the objective is for a contestant to injure,
disable, or incapacitate one's opponent, excluding any fighting in a contest for which
the rules prohibit a contestant from striking an opponent's head.
In addition, the bill does the following:
1. Allows DSPS to require, in its discretion, that more than one physician be
present during an unarmed combat sports match to provide emergency care in the
event of an injury.
2. Grants DSPS explicit rule-making authority to implement and enforce the
laws regulating boxing and unarmed combat sports.
3. Provides definitions for the terms "boxing" and "mixed martial arts fighting."
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:
SB599,1
1Section
1. 20.165 (1) (im) of the statutes is amended to read:
SB599,2,42
20.165
(1) (im)
Boxing and mixed martial arts fighting unarmed combat sports
;
3enforcement. Fifty percent of all moneys received in forfeitures imposed under s.
4444.14, for enforcement of ch. 444.
SB599,2
5Section
2. Chapter 444 (title) of the statutes is amended to read:
SB599,2,97
REGULATION OF
BOXING AND
8
MIXED MARTIAL ARTS FIGHTING
9Unarmed combat sports
SB599,3
10Section
3. 444.01 (1g) of the statutes is amended to read:
SB599,3,211
444.01
(1g) "Amateur
mixed martial arts fighting unarmed combat sports 12contest" means a
mixed martial arts fighting contest or exhibition
of unarmed
1combat sports in which none of the
fighters
contestants are compensated for
2participating in the contest or exhibition.
SB599,4
3Section
4. 444.01 (1h) of the statutes is created to read:
SB599,3,64
444.01
(1h) "Boxing" means the act of attack and defense with the fists, using
5padded gloves, that is practiced as a sport under the rules described under s. 444.05,
6or other, comparable rules.
SB599,5
7Section
5. 444.01 (1j) of the statutes is repealed and recreated to read:
SB599,3,108
444.01
(1j) "Mixed martial arts fighting" means fighting that involves the use
9of a combination of techniques from different disciplines of martial arts, including
10grappling, kicking, and striking.
SB599,6
11Section
6. 444.01 (3) of the statutes is amended to read:
SB599,3,1312
444.01
(3) "Professional contest" means a professional boxing contest or a
13professional
mixed martial arts fighting unarmed combat sports contest.
SB599,7
14Section
7. 444.01 (4) of the statutes is amended to read:
SB599,3,1815
444.01
(4) "Professional
mixed martial arts fighting unarmed combat sports 16contest" means a
mixed martial arts fighting contest
or exhibition of unarmed
17combat sports in which one or more of the
fighters
contestants is compensated for
18participating in the contest or exhibition.
SB599,8
19Section
8. 444.01 (5) of the statutes is created to read:
SB599,3,2320
444.01
(5) "Unarmed combat sports" means any form of fighting in which the
21objective is for a contestant to injure, disable, or incapacitate one's opponent, but does
22not include any fighting in a contest for which the rules prohibit a contestant from
23striking an opponent's head.
SB599,9
24Section
9. 444.02 (1) of the statutes is amended to read:
SB599,4,7
1444.02
(1) The department shall have the sole direction, management, and
2control of, and jurisdiction over, all professional contests and all amateur
mixed
3martial arts fighting unarmed combat sports contests conducted within the state by
4any promoter or club. No club or promoter may conduct professional contests or
5amateur
mixed martial arts fighting unarmed combat sports contests within the
6state except under authority granted by the department and in accordance with this
7chapter and the rules of the department.
SB599,10
8Section
10. 444.02 (2) of the statutes is amended to read:
SB599,4,169
444.02
(2) The department may issue, and for cause limit, suspend, or revoke,
10a license to conduct professional contests or amateur
mixed martial arts fighting 11unarmed combat sports contests to any promoter or incorporated club formed as
12provided in this chapter. Every license shall be subject to the department's rules and
13regulations. The department may limit the number of professional contests and
14amateur
mixed martial arts fighting unarmed combat sports contests given by any
15promoter or club in any city, village, or town and may reprimand a promoter or club
16for violating this chapter or any rule of the department.
SB599,11
17Section
11. 444.02 (3) (intro.) of the statutes is amended to read:
SB599,4,2318
444.02
(3) (intro.) No professional contest or amateur
mixed martial arts
19fighting unarmed combat sports contest may be conducted by any licensed club
20without a permit from the department. An application for a permit shall be
21accompanied by a nonrefundable $300 processing fee. Every permit shall be
22conditioned on payment by the promoter or club to the department, within 2 business
23days after the event for which the permit was issued, of the following fees:
SB599,12
24Section
12. 444.03 of the statutes is amended to read:
SB599,5,8
1444.03 Application for license; fee. No professional contest or amateur
2mixed martial arts fighting unarmed combat sports contest may be conducted by any
3promoter or club except by license granted to it by the department. An application
4for a license shall be in writing, addressed to the department, and verified by the
5promoter or by an officer of the club. An application shall be accompanied by an
6annual fee of $500. The application must show that the promoter or club has entered
7into a valid agreement for the use of the building, amphitheater, or stadium in which
8contests are to be held.
SB599,13
9Section
13. 444.035 of the statutes is amended to read:
SB599,5,15
10444.035 Bond. The department shall by rule require a promoter or club
11conducting a professional contest or amateur
mixed martial arts fighting unarmed
12combat sports contest to post a bond or other surety in a reasonable amount
13determined by the department to ensure payment of the promoter's or club's
14expenses in conducting the contest, including payments to contestants and to the
15department.
SB599,14
16Section
14. 444.04 of the statutes is amended to read:
SB599,6,2
17444.04 Promoter and club reports. Within 2 business days after a promoter
18or club holds a professional contest or amateur
mixed martial arts fighting unarmed
19combat sports contest, the club shall furnish to the department a written report,
20verified by the promoter or by one of the club's officers under penalty of perjury,
21showing the number of tickets sold for the contest, the amount of gross proceeds, and
22all other information the department requires by rule to be included in the report.
23The department may limit, suspend, revoke, or assess a forfeiture to the promoter
24or club for failure to comply with this section or failure to provide accurate
1information to the department. Any forfeiture collected under this section shall be
2deposited in the appropriation account under s. 20.165 (1) (jm).
SB599,15
3Section
15. 444.06 of the statutes is amended to read:
SB599,6,14
4444.06 Inspectors. The department shall appoint official inspectors, each of
5whom shall receive a card authorizing the inspector to act wherever the department
6designates. The department may be, and at least one inspector shall be present at
7all professional contests and all amateur
mixed martial arts fighting unarmed
8combat sports contests and see that the rules are strictly observed. Inspectors shall
9be reimbursed for their actual and necessary expenses incurred in the performance
10of their duties. The department may require a promoter or club to pay the cost of
11designating additional inspectors, who may include a referee or judge performing the
12duties of an inspector, for an event. The department may require a promoter or club
13to pay the department an amount not to exceed $250 for each additional inspector
14designated by the department.
SB599,16
15Section
16. 444.095 (title) of the statutes is amended to read:
SB599,6,17
16444.095 (title)
Conduct of mixed martial arts fighting unarmed combat
17sports contests regulated.
SB599,17
18Section
17. 444.095 (1) of the statutes is amended to read:
SB599,6,2119
444.095
(1) No individual may be a contestant in an amateur
mixed martial
20arts fighting unarmed combat sports contest unless the individual can provide
21evidence that he or she is covered by adequate health insurance.
SB599,18
22Section
18. 444.095 (2) (intro.) of the statutes is amended to read:
SB599,6,2423
444.095
(2) (intro.) No promoter or club may conduct
a mixed martial arts
24fighting an unarmed combat sports contest unless all of the following apply:
SB599,19
25Section
19. 444.095 (2) (c) of the statutes is amended to read:
SB599,7,3
1444.095
(2) (c)
A At least one physician
, or more at the discretion of the
2department, is present during each match to provide emergency care in the event of
3an injury.
SB599,20
4Section
20. 444.095 (3) (intro.) of the statutes is amended to read:
SB599,7,75
444.095
(3) (intro.) The department shall promulgate rules that establish all
6of the following with respect to
mixed martial arts fighting unarmed combat sports 7contests:
SB599,21
8Section
21. 444.095 (3) (a) of the statutes is amended to read:
SB599,7,109
444.095
(3) (a) Qualifications and fees for licensure of referees and judges for
10mixed martial arts fighting unarmed combat sports contests.
SB599,22
11Section
22. 444.095 (3) (b) (intro.) of the statutes is amended to read:
SB599,7,1412
444.095
(3) (b) (intro.) Requirements for regular health examinations of
mixed
13martial arts fighting unarmed combat sports contestants, including all of the
14following: