Section
444.035, Stats., reads: “Bond. The department shall by rule require a promoter or club conducting a professional contest or amateur mixed martial arts fighting 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."
Section
444.04, Stats., reads: “Promoter and club reports. Within 2 business days after a promoter or club holds a professional contest or amateur mixed martial arts fighting 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)."
Section
444.06, Stats., reads:
“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 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."
Section
444.095 (3), Stats., reads: “The department shall promulgate rules that establish all of the following with respect to mixed martial arts fighting contests:
(a) Qualifications and fees for licensure of referees and judges for mixed martial arts fighting contests.
(b) Requirements for regular health examinations of mixed martial arts fighting contestants, including all of the following:
1. Annual physical examinations by physicians and annual eye examinations by physicians who are board-certified ophthalmologists.
2. Annual screening for HIV, hepatitis B, and hepatitis C.
3. For female contestants, pregnancy tests before contests.
(c) Policies prohibiting contestants from using drugs, including anabolic steroids, and mandating drug testing of contestants."
Section
444.19, Stats., reads: “Fee adjustments by rule.
Notwithstanding ss.
444.02 (3),
444.03,
444.06, and
444.11, the department may by rule adjust the fees under this chapter to account for changes in the department's costs in administering and enforcing this chapter."
Related statute or rule
There are no other related statutes or administrative rules other than those listed herein.
Plain language analysis
The major changes in this proposed rule entail repealing chs.
SPS 100 to
105, reorganizing ch.
SPS 192 into the main chapter for mixed martial arts, and merging of provisions in chs.
SPS 193 to
196 into ch.
SPS 192.
SECTIONS 1 and 8. The first treatment section repeals the chapter series chs.
SPS 100 to
105, pertaining to amateur boxing, which removed the department's authority to regulate amateur boxing under
2003 Act 285. Later in this proposed rule, text incorporates those pertinent sections with mixed martial arts into chs.
SPS 190 to
196, of which amateur boxing is a combative sport and is so collectively defined.
SECTION 2. A new chapter heading for the major chapter, SPS 192, deals with mixed martial arts and sporting events or fighting contests. The chapter now reflects the compilation of various licenses and event specifications into one chapter.
SECTIONS 3, 19, and 28. These sections detail the newly reorganized ch.
SPS 192 with various subchapters and titles of subchapters.
SECTION 4. This renumbered section more clearly indicates the statutory authority given to the department for mixed martial arts and fighting contests, removing all references to amateur boxing.
SECTIONS 5, 26, and 48. These sections repeal current code text; specifically joints and compression locks, medical insurance coverage, and physical exams. Provisions relating to physicals and exams have been retained in another portion of the rule, as has medical insurance coverage.
SECTIONS 6 and 7. These sections are renumbered and amended to clarity that the rules are contained in one chapter, as are the definitions. Some new definitions are added.
SECTIONS 9 and 10. These sections are renumbered and any formatting or typographical errors are corrected.
SECTIONS 11, 13 to 14, 16 to 18, 20 to 24, 27, 29 to 33, 35 to 38, 40 to 44, 50, 51, and 57. In addition to renumbering, the new subchapters in ch.
SPS 192, eligibility criteria and process requirements, are amended to reflect the accurate cross references. These sections are also renumbered and any formatting or typographical errors are corrected.
SECTION 12. An added requirement for eligibility and title is created.
SECTION 25. Notes are created to reference various statutory language.
SECTION 34. In addition to renumbering and correcting formatting or typographical errors, monetary allowances and compensation have been updated to include minimum and maximum mileage rates, when lodging is to be provided by the promoter, and the time frame an agreement is to be signed. This timeframe has been extended to 10 business days.
SECTION 39. Two additional fouls have been added for amateur contestants — spine attacks and dropping an opponent on one's head or neck.
SECTION 45. A new section on equipment required in the corner has been added. These items relate to maintaining an antiseptic environment and responding to minor medical needs.
SECTION 46. This section has been amended to delineate the number of bouts or rounds. The minimum number of rounds has been reduced to eight.
SECTION 47. A newly created section specifies the combining of certain types of bouts and which are allowed or prohibited.
SECTION 49. Various text relating to medical examination and testing has been amended to reduce duplication.
SECTIONS 52 and 53. These sections relate to electrolyte-replacement beverages now reflecting current trade names; prohibited items are also listed along with energy stimulants and pills.
SECTIONS 54 and 55. Most of ch.
SPS 196 has been incorporated into subch.
V of ch. SPS 192. These provisions relate to suspension and discipline, as well as rest periods and drug testing. Major changes are correcting formatting errors and proving text with more clarity.
SECTION 56. A new section in administrative suspensions has been added, dealing mainly with suspension periods as reported by American Boxing Commission's national database.
Summary of, and comparison with, existing or proposed federal regulation
The federal law regulating boxing is U.S. Code Title 15, Chapter
89 Professional Boxing Safety, 6301-6313. The relationship to state law is stated in s. 6313, “nothing in this Act [
15 USC 6301, et seq.] shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act [
15 USC 6301, et seq.], or criminal, civil, or administrative fines for violations of such laws or regulations." Other federal requirements are:
15 USC 6305, which requires contestants to register with a state boxing commission and obtain a nationwide identification number form an entity certified by the Association of Boxing Commissions;
15 USC 6308, which bars conflict of interest in a prompters interest in a contestant and requires the reporting of receipts.
Comparison with rules in adjacent states
An Internet-based search revealed the following information.
Illinois: In Illinois, the statutes and rules for conducting mixed martial arts sporting events are found in the Illinois Professional Boxing Act 225 ILCS 105 and the Illinois Administrative Code Title 68 Chapter VII Subchapter b Part 1371.
Iowa: In Iowa, the administrative rules are created under the authority of the Labor Commissioner to regulate chapter 177, mixed martial arts, these rules became effective February 2011.
Michigan: In Michigan, the statutes and rules for conducting mixed martial arts sporting events are found in the Michigan Unarmed Combat Regulatory Act 2004 PA 403, MCL 338.3601 to MCL 338.3633 and the Michigan Administrative Code R339.101 - R339.403. Licensure must be sought through the Department of Labor and Economic Growth, Bureau of Commercial Services. The Unarmed Combat Commission assists the Director of the Department of Labor and Economic Growth in regulating the sport.
Minnesota: In Minnesota, the statutes and rules for conducting mixed martial arts sporting events are found in the Minnesota Statutes §
341.21-§
341.37 and the Minnesota Register at Minn. Reg. §.2202.0010-§2202.1200. Licensure must be sought via the Combative Sports Commission, which regulates the manner in which mixed martial arts contests will be conducted.
Summary of factual data and analytical methodologies
Since the initial rules became effective in April 2011, the department has had experience in what is considered best practices. In addition, the proposed changes also reflect the improvement of various administrative elements and contemporary industry practices. More significantly, the rules were methodically combined into one major rule chapter, ch.
SPS 192. Outreach was made to various stakeholders for input and comment.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The department posted for 14-days the notice of economic input and received no comment.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.
Environmental Assessment/Statement [if required]
N/A
Agency Contact Person
Jean MacCubbin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-266-0955 or telecommunications at 711; email at
jean.maccubbin@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated
⍽ Corrected
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2. Administrative Rule Chapter, Title and Number
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SPS 192 to 196 and 100 to 105
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3. Subject
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Mixed martial arts, amateur boxing and, professional boxing
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4. Fund Sources Affected
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5. Chapter 20, Stats. Appropriations Affected
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⍽ GPR
⍽ FED X PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
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20.165 (1) (g)
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6. Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
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9. Policy Problem Addressed by the Rule
|
With the exception of clarifying inconsistencies within the rules cited above, two Wisconsin Acts, (2003 Wisc. Act 285 and 2009 Wisc. Act 111), precipitated the enactment of these rules and the majority of the proposed changes. The 2003 Wisc. Act 285 addressed only the department's role in professional boxing; amateur boxing was then sanctioned by the U.S. Olympic Committee, [36 USC 220521]; this rule repeals all rules for amateur boxing. The 2009 Wisc. Act 111 amended the current rules on boxing and added mixed martial arts fighting under the authority of the department.
These administrative rules for amateur boxing and marital arts (chs. SPS 192 to 196 100 to 105 110 to 1160) were previously drafted in haste and are found to be duplicative and in need of clarity. This proposed rule will delete unneeded chapters, merge similar license and event specifications, and provide more organized rule provisions into fewer chapters. The one major chapter, ch. SPS 192, is now organized into subchapters to provide more clarity and a simpler chapter.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
Entities that may be affected by this proposed rule include those promoting and conducting mixed martial arts contests, such as promoters, clubs, matchmakers, contestants, judges, referees, ringside physicians, seconds, inspectors, and timekeepers.
|
11. Identify the local governmental units that participated in the development of this EIA.
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None known.
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12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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With the exception of revising the requirements for medical insurance coverage as specified under s. 444.18, Stats., there are no additional policies, regulations, or fees associated with the proposed rules.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The reorganization of ch. SPS 192 is expected to have the biggest benefit on those seeking various licenses or planning mixed martial arts fighting contests. The department, too, shall reap benefits with a clearer, more simplified rule for education and enforcement purposes.
|
14. Long Range Implications of Implementing the Rule
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The department, as well as those regulated under this chapter, will benefit with a clearer, more simplified rule for planning and enforcement purposes.
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15. Compare With Approaches Being Used by Federal Government
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The federal law regulating boxing is U.S. Code Title 15, Chapter 89 Professional Boxing Safety, 6301- 6313. The relationship to state law is stated in s. 6313, “nothing in this Act [15 USC 6301, et seq.] shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act [15 USC 6301, et seq.], or criminal, civil, or administrative fines for violations of such laws or regulations." Other federal requirements are: 15 USC 6305, which requires contestants to register with a state boxing commission and obtain a nationwide identification number form an entity certified by the Association of Boxing Commissions; 15 USC 6308, which bars conflict of interest in a promoter's interest in a contestant and requires the reporting of receipts.
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Most adjoining states have either a board or a division that oversees the licenses of the individuals regulated under mixed martial arts or the regulations for sporting events/fighting contests.
In Illinois, the statutes and rules for conducting mixed martial arts sporting events are found in the Illinois Professional Boxing Act 225 ILCS 105 and the Illinois Administrative Code Title 68 Chapter VII Subchapter b Part 1371.
In Iowa, the administrative rules are created under the authority of the Labor Commissioner to regulate chapter 177, mixed martial arts, these rules became effective February 2011.
In Michigan, the statutes and rules for conducting mixed martial arts sporting events are found in the Michigan Unarmed Combat Regulatory Act 2004 PA 403, MCL 338.3601 to MCL 338.3633 and the Michigan Administrative Code R339.101 - R339.403. Licensure must be sought through the Department of Labor and Economic Growth, Bureau of Commercial Services. The Unarmed Combat Commission assists the Director of the Department of Labor and Economic Growth in regulating the sport.
In Minnesota, the statutes and rules for conducting mixed martial arts sporting events are found in the Minnesota Statutes §341.21-§341.37 and the Minnesota Register at Minn. Reg. §.2202.0010-§2202.1200. Licensure must be sought via the Combative Sports Commission, which regulates the manner in which mixed martial arts contests will be conducted.
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17. Contact Name
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18. Contact Phone Number
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Jean MacCubbin
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608.266.0955
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This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services
Professional Services, Chs.
1—299
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss.
227.11 (2) (a) and
440.26 (3m), Stats., and interpreting ss.
440.26 (3m) and
(5r), Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal sections
SPS 34.01 (1) (f) and
(fm),
34.02 (2) (Note); renumber section
SPS 34.01 (1) (g) to
(i) as
34.01 (1) (f) to
(h) and sections
SPS 34.06 and
34.07 as
34.11 and
34.12; renumber and amend section
SPS 34.015 (6) as
34.015 (5) and section
SPS 34.02 (2) (intro.),
(a) and
(b) as section
SPS 34.02 (2) (a) and
(b) 1. and
2., section
SPS 34.05 as
34.10, and section
SPS 34.08 as
34.13; amend sections
SPS 34.01 (1) (intro.),
(g),
(2) and
(3),
34.011 (intro.),
34.015 (title),
(1), and
(2),
34.02 (1) (Note) and (3), 34.03 (title) and (1), 34.04 (2) (a) 2. and 3., (4) to (6), (6) (Note) and (7); and create sections
SPS 34.002,
34.01 (5) to
(9),
34.015 (1) (Note), 34.04 (1) (Note) and (7) (Note) and 34.10 (1) (Note), relating to firearms and other dangerous weapons for private security personnel, private detectives, and private investigators or special investigators, and rule changes affected by
2011 Act 35.
Hearing Information
Date: Wednesday, March 12, 2014
Time: 1:30 p.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson St.)
Room 121B
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., confers to the agency the powers to promulgate rules for the guidance of the profession and to interpret the provisions of statutes it enforces.
Section
440.26 (3m), Stats., confers to the agency the powers to promulgate rules for the carrying of dangerous weapons, set minimum requirements for allowing and individuals licensed under s.
175.60, Stats., to carry a dangerous weapon, and defines those individuals allowed to carry, concealed or otherwise, under this chapter.
Section
440.26 (3m), Stats., reads: (3m)
Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in
15 USC 5902 (b) and shall allow all of the following:
(a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s.
941.23 (1) (g) 2. to
5. and
(2) (b) 1. to
3. applies.
Related statute or rule
Plain language analysis
Within the
2011 Wisconsin Act 35 and the authority given to the Department of Safety and Professional Services, this legislation relates to owners or employees of private security agencies and the carrying of dangerous weapons about or near their person when holding a firearms permit granted by the department or a permit issued under s.
175.60, Stats.
The proposed rule exempts all of the requirements in ch.
SPS 34 from applying to anyone who is licensed in Wisconsin to carry a concealed weapon in accordance with a permit issued under s.
175.60, Stats. In addition, the proposed rule provides for the recognition of permits to carry firearms, concealed or otherwise, issued by other states. These proposed rules are intended to respond to the legislative directives set forth in
2011 Act 35, Wisconsin's “concealed carry law".
Specific provisions contained in
2011 Act 35 allow a licensee under s.
175.60, Stats., to carry a weapon, concealed or otherwise, in the capacity of an owner or employee of a security agency under chs.
SPS 30 to
35. In addition, these proposed provisions now recognize all the following: a licensee, as defined in s.
175.60 (1) (d), Stats., an out-of-state licensee, as defined in s.
175.60 (1) (g) , Stats., an individual employed in this state by a public agency as a law enforcement officer, to whom s.
941.23 (1) (g) 2. to
5. and
(2) (b) 1. to
3. applies, a qualified out-of-state law enforcement officer, as defined in s.
941.23 (1) (g), Stats., or a former officer, as defined in s.
941.23 (1) (c), Stats.
A number of Notes are being updated to reflect the most current information; several formatting and typographical corrections are also being made.
SECTION 1. Definitions not included in ch.
SPS 30 are created in s.
SPS 34.002 adding three terms defined in state statutes specific to carrying firearms: carry, dangerous weapon and weapon.
SECTIONS 2, 4, 8, 9, 12, 13 to 22, and 24. These treatment sections are rewritten for clarification purposes or adding current information in Notes, adding Notes either where needed, correcting typographical errors, or repealing Notes no longer pertinent.
