Amendment SSA3-SB290

LRBs0182/1

CTS:nwn&kjf:md

2009 - 2010 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 3, TO 2009 SENATE BILL 290

October 29, 2009 - Offered by Senator Hansen.

SB290-SSA3,1,7 An Act to repeal 444.09 (8); to amend chapter 444 (title), 444.01 (1), 444.01 (2), 444.02, 444.03, 444.04, 444.06, 444.09 (title), 444.09 (1), 444.09 (3), 444.09 (6), 444.10 (title), 444.11, 444.12, 444.13, 444.14, 444.15 and 444.18; and to create 20.165 (1) (im), 444.01 (1m), 444.02 (3) (a), 444.02 (3) (b), 444.02 (3) (c), 444.035, 444.09 (9) and 444.095 of the statutes; relating to: changes in the regulation of boxing contests, regulating mixed martial arts fighting contests, granting rule-making authority, making appropriations, and providing a penalty.

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

SB290-SSA3, s. 1 Section 1. 20.165 (1) (im) of the statutes is created to read:

SB290-SSA3,1,11 20.165 (1) (im) Boxing and mixed martial arts fighting; enforcement. Fifty percent of all moneys received in forfeitures imposed under s. 444.14, for enforcement of ch. 444.

SB290-SSA3, s. 2 Section 2. Chapter 444 (title) of the statutes is amended to read:

SB290-SSA3,2,3 regulation of boxing and mixed martial arts fighting

SB290-SSA3, s. 3 Section 3. 444.01 (1) of the statutes is amended to read:

SB290-SSA3,2,7 444.01 (1) "Amateur boxing contest" means a boxing or mixed martial arts fighting contest or exhibition in which none of the boxers or fighters are compensated for participating in the contest or exhibition.

SB290-SSA3, s. 4 Section 4. 444.01 (1m) of the statutes is created to read:

SB290-SSA3,2,10 444.01 (1m) "Physician" means a person licensed to practice medicine and surgery under s. 448.04 (1) (a).

SB290-SSA3, s. 5 Section 5. 444.01 (2) of the statutes is amended to read:

SB290-SSA3,2,14 444.01 (2) "Professional boxing contest" means a boxing or mixed martial arts fighting contest or exhibition in which one or more of the boxers or fighters is compensated for participating in the contest or exhibition.

SB290-SSA3, s. 6 Section 6. 444.02 of the statutes is amended to read:

SB290-SSA3,2,22 444.02 Boxing licenses, Licenses and permits. (1) The department shall have the sole direction, management, and control of, and jurisdiction over, all professional boxing contests and all amateur mixed martial arts fighting contests conducted within the state by any promoter or club. No club or promoter may conduct professional boxing contests may be conducted or amateur mixed martial arts fighting contests within the state except under authority granted by the department and in accordance with this chapter and the rules of the department.

SB290-SSA3,3,5 (2) The department may issue, and for cause limit, suspend, or revoke, a license to conduct professional boxing contests or amateur mixed martial arts fighting 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 boxing contests and amateur mixed martial arts fighting 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.

SB290-SSA3,3,15 (3) No professional boxing contest or amateur mixed martial arts fighting contest may be conducted by any licensed club without a permit from the department. Every license shall be subject to such rules and regulations as the department prescribes. The department may reprimand clubs for violating this chapter or any rules of 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, except the department may adjust the fees under this subsection to account for changes in the department's costs in administering and enforcing this chapter:

SB290-SSA3, s. 7 Section 7. 444.02 (3) (a) of the statutes is created to read:

SB290-SSA3,3,18 444.02 (3) (a) If the number of tickets sold for the event is less than 2,000, an event fee of $450.

SB290-SSA3, s. 8 Section 8. 444.02 (3) (b) of the statutes is created to read:

SB290-SSA3,3,22 444.02 (3) (b) If the number of tickets sold for the event is less than 5,000 but more than 1,999, an event fee of $2,200 plus a gate fee equal to the lesser of 5 percent of the total amount collected by the club or promoter in gross ticket sales or $4,000.

SB290-SSA3, s. 9 Section 9. 444.02 (3) (c) of the statutes is created to read:

SB290-SSA3,4,3 444.02 (3) (c) If the number of tickets sold for the event is 5,000 or more, an event fee of $4,700 plus a gate fee equal to the lesser of 5 percent of the total amount collected by the club or promoter in gross ticket sales or $12,500.

SB290-SSA3, s. 10 Section 10. 444.03 of the statutes is amended to read:

SB290-SSA3,4,17 444.03 Application for license; fee. No professional boxing contest or amateur mixed martial arts fighting contest may be conducted by any promoter or club except by license granted to it by the department, and no club may be licensed unless it is incorporated under the laws of Wisconsin and its membership is limited to persons who have been continuous residents in the state for at least one year. 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 $25 in cities, villages, and towns of not more than 50,000 inhabitants, $50 in cities of over 50,000 and not more than 150,000 inhabitants, and $300 in cities of over 150,000 inhabitants when the admission is over $1 and $50 when the admission charge is $1 or less $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.

SB290-SSA3, s. 11 Section 11. 444.035 of the statutes is created to read:

SB290-SSA3,4,23 444.035 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.

SB290-SSA3, s. 12 Section 12. 444.04 of the statutes is amended to read:

SB290-SSA3,5,10 444.04 Club Promoter and club reports. Within 24 hours 2 business days after a promoter or club holds a professional boxing 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 its 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).

SB290-SSA3, s. 13 Section 13. 444.06 of the statutes is amended to read:

SB290-SSA3,6,2 444.06 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 boxing contests and all amateur mixed martial arts fighting contests and see that the rules are strictly observed. An inspector shall also be present at the counting up of the gross receipts and shall immediately mail to the department the official box-office statement received from the club. Inspectors shall be paid a per diem to be set by the department, not to exceed $25 for each day on which they are actually and necessarily engaged in the performance of their duties, and 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.

SB290-SSA3, s. 14 Section 14. 444.09 (title) of the statutes is amended to read:

SB290-SSA3,6,4 444.09 (title) Conduct of boxing contests regulated.

SB290-SSA3, s. 15 Section 15. 444.09 (1) of the statutes is amended to read:

SB290-SSA3,6,8 444.09 (1) No professional boxing contest shall be for more than 10 12 rounds except that where a championship is to be determined, the contest shall not be for more than 15 rounds, and no round shall last more than 3 minutes.

SB290-SSA3, s. 16 Section 16. 444.09 (3) of the statutes is amended to read:

SB290-SSA3,6,12 444.09 (3) Gloves weighing not less than 5 8 ounces shall be worn by contestants who are in professional boxing contests and who weigh under 140 pounds, and not less than 6 ounces by other contestants in boxing contests.

SB290-SSA3, s. 17 Section 17. 444.09 (6) of the statutes is amended to read:

SB290-SSA3,6,18 444.09 (6) Contestants in professional boxing contests shall break clean, and must not hold and hit. Butting with head or shoulders, wrestling, or illegal use of elbows shall not be allowed by contestants in professional boxing contests. There shall be no unsportsmanlike conduct on the part of the contestants. This includes the use of abusive or insulting language.

SB290-SSA3, s. 18 Section 18. 444.09 (8) of the statutes is repealed.

SB290-SSA3, s. 19 Section 19. 444.09 (9) of the statutes is created to read:

SB290-SSA3,6,22 444.09 (9) Except as otherwise specified in this chapter, boxing contests shall be conducted under the Association of Boxing Commissions' uniform boxing rules.

SB290-SSA3, s. 20 Section 20. 444.095 of the statutes is created to read:

SB290-SSA3,7,2 444.095 Conduct of mixed martial arts fighting contests regulated. (1) No individual may be a contestant in an amateur mixed martial arts fighting contest unless the individual can provide evidence that he or she is covered by adequate health insurance.

SB290-SSA3,7,4 (2) No promoter or club may conduct a mixed martial arts fighting contest unless all of the following apply:

SB290-SSA3,7,6 (a) There is present at least one referee who is licensed by the department and at least 4 judges who are licensed by the department.

SB290-SSA3,7,8 (b) A physician examines each contestant immediately before and after each match in which the contestant participates.

SB290-SSA3,7,10 (c) A physician is present during each match to provide emergency care in the event of an injury.

SB290-SSA3,7,12 (d) An ambulance and emergency medical services personnel with oxygen are present on the premises and equipped to transport an injured contestant.

SB290-SSA3,7,14 (3) The department shall promulgate rules that establish all of the following with respect to mixed martial arts fighting contests:

SB290-SSA3,7,16 (a) Qualifications and fees for licensure of referees and judges for mixed martial arts fighting contests.

SB290-SSA3,7,18 (b) Requirements for regular health examinations of mixed martial arts fighting contestants, including all of the following:

SB290-SSA3,7,20 1. Annual physical examinations by physicians and annual eye examinations by physicians who are board-certified ophthalmologists.

SB290-SSA3,7,21 2. Annual screening for HIV, hepatitis B, and hepatitis C.

SB290-SSA3,7,22 3. For female contestants, pregnancy tests before contests.

SB290-SSA3,7,24 (c) Policies prohibiting contestants from using drugs, including anabolic steroids, and mandating drug testing of contestants.

SB290-SSA3,8,3 (4) Except as otherwise specified in this chapter, mixed martial arts fighting contests shall be conducted under the Association of Boxing Commissions' uniform rules of mixed martial arts.

SB290-SSA3, s. 21 Section 21. 444.10 (title) of the statutes is amended to read:

SB290-SSA3,8,5 444.10 Physician to examine professional boxing contestants.

SB290-SSA3, s. 22 Section 22. 444.11 of the statutes is amended to read:

SB290-SSA3,8,17 444.11 Licenses to matchmakers, referees, boxers contestants, etc. The department may grant licenses upon application and the payment of the prescribed fees to matchmakers, managers, referees, examining physicians, boxers, mixed martial art fighters, seconds, and trainers in professional boxing contests and amateur mixed martial arts fighting contests. The fees to be paid per year shall be: Matchmakers in cities with a population of over 150,000, $25; matchmakers in other cities and in villages and towns, $10; and managers, $10; referees, $15; examining physicians, $10; boxers, $5, $40 and mixed martial arts fighters; seconds, $40; and trainers timekeepers, $5 $10. The department may limit, suspend, or revoke any such license granted under this section or reprimand the holder thereof licensee upon such cause as it deems sufficient.

SB290-SSA3, s. 23 Section 23. 444.12 of the statutes is amended to read:

SB290-SSA3,8,23 444.12 Referee to stop contest. The referee must stop a professional boxing contest or amateur mixed martial arts fighting 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.

SB290-SSA3, s. 24 Section 24. 444.13 of the statutes is amended to read:

SB290-SSA3,9,6 444.13 Sham contests, license revoked. Any promoter or club that conducts, holds, gives, or participates in any sham or fake professional boxing contest or amateur mixed martial arts fighting 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, nor shall any license be issued to any club that has a member who belonged to a club that had its license revoked.

SB290-SSA3, s. 25 Section 25. 444.14 of the statutes is amended to read:

SB290-SSA3,9,26 444.14 Sham contests; contestants penalized; forfeitures; hearing. Any The department shall ban a contestant who participates in any sham or fake professional boxing contest or amateur mixed martial arts fighting contest or violates any rule or regulation of promulgated by the department shall be penalized as follows: For the first offense the contestant shall be restrained by order of the department for not less than 2 months nor more than one year, the period to begin immediately after the occurrence of the offense, from participation in the contest to be held or given by any licensed club; for a 2nd offense, the contestant shall be permanently disqualified from further admission or participation in any such contest held or given by any licensed club and in addition, for each such offense, shall forfeit such amount, out of the share or purse agreed to be paid the contestant for the contest as the department determines, the forfeit to be paid into the general fund of the state. The department, upon determining the amount of the forfeit, may pay the same out of any guarantee deposited with it for delivery to the contestant or may order it paid to the department by the club employing the contestant out of the purse or share agreed by it to be paid to the contestant. The department shall not determine the forfeit until after due hearing held upon reasonable notice duly served upon, and may require the contestant or , the contestant's manager and upon the club by whom the contestant is employed. Any member of the department or the secretary or any inspector of the department may order the club to hold the share or purse of the contestant in its possession pending the hearing and determination of the department. For failure to obey any order of the department or the secretary of the department or any inspector of the department given under this section, the license of the club may be limited, suspended, canceled, or revoked, and the club may be reprimanded, or the promoter of the contest to forfeit an amount determined by the department, but not more than $500. Fifty percent of all forfeitures collected under this section shall be deposited in the appropriation account under s. 20.165 (1) (im).

SB290-SSA3, s. 26 Section 26. 444.15 of the statutes is amended to read:

SB290-SSA3,10,24 444.15 Reports; examination of books and officers. Whenever any promoter or club fails to make a report of any professional boxing contest or amateur mixed martial arts fighting contest at the time prescribed or whenever a report is unsatisfactory to the department, the secretary of the department may examine the books and records of the promoter or club and, may subpoena and examine, under oath, the promoter or the club's officers and other witnesses to determine the total amount of its gross receipts for any contest, and may hire an independent auditor to assist in making the determination. The secretary may require the promoter or club to pay the expenses of conducting the examination or the independent auditor's fee. If a promoter or club fails to pay the amount of expenses determined by the secretary to be due within 20 days after receiving notice of the amount, the promoter or club shall forfeit its license, be disqualified from receiving any license under this chapter, and forfeit to the state the sum of $1,000, which may be recovered by the department of justice in the name of the state.

SB290-SSA3, s. 27 Section 27. 444.18 of the statutes is amended to read:

SB290-SSA3,11,10 444.18 Insurance on boxers certain contestants. Any licensee authorized to conduct professional boxing contests or amateur mixed martial arts fighting contests shall insure each contestant participating for hospital, nursing, and medication expenses and physician's and surgeon's services according to an equitable fee schedule, not to exceed in the aggregate $500 $25,000, to be paid to, or for the use of, any contestant to compensate for injuries sustained in any such contest; and shall insure each contestant for not less than $2,500 $25,000 to be paid to the contestant's estate in the event of the contestant's death as the result of participation in such professional boxing contest or amateur mixed martial arts fighting contest.

SB290-SSA3, s. 28 Section 28. Nonstatutory provisions.

SB290-SSA3,11,16 (1) The department of regulation and licensing shall submit in proposed form the rule required under section 444.035 of the statutes, as created by this act, and any additional rules necessary for the department to implement this act to the legislative council staff under section 227.15 (1) of the statutes no later than than the first day of the 6th month beginning after the effective date of this subsection.