AB426: Bill Text

LRB-0134/1

PJH&MDK:kjfcmh:jf

2003 - 2004 LEGISLATURE

2003 Assembly BILL 426

June 27, 2003 - Introduced by Representatives Colon, Jensen, Wasserman, Stone, Cullen, Townsend, Hahn, Jeskewitz, Bies, Albers, F. Lasee, Ward and Vrakas, cosponsored by Senators Zien, Hansen and Lassa. Referred to Committee on Small Business.

AB426,1,6 An Act to repeal 444.17; to amend 440.05 (intro.), 440.08 (2) (a) (intro.), 440.23 (1), 444.02, 444.03, 444.04, 444.06, 444.09 (title), 444.09 (1), 444.09 (2), 444.09 (3), 444.09 (4), 444.09 (5), 444.09 (6), 444.09 (7), 444.10, 444.11, 444.12, 444.13, 444.14, 444.15 and 444.18; to repeal and recreate 444.05; and to create 444.01 of the statutes; relating to: the regulation of professional boxing contests.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Regulation and Licensing (DRL) regulates boxing and sparring exhibitions. With certain exceptions, a club may not conduct a boxing or sparring exhibition without a license or permit granted by DRL. Current law also allows DRL to license matchmakers, managers, referees, examining physicians, boxers, seconds, and trainers. In addition, current law imposes various requirements on the conduct of a boxing or sparring exhibition, including limiting the number of rounds, specifying the weight of gloves, and requiring examination of contestants by licensed physicians. Current law exempts certain amateur boxing and sparring exhibitions from all of the foregoing requirements. If not exempt, amateur boxing and sparring is subject to the requirements.

This bill exempts all amateur boxing contests from the foregoing requirements. The bill defines "amateur boxing contest" as a boxing contest in which none of the boxers are compensated for participating in the contest. Under the bill, a person may conduct an amateur boxing contest in this state only if the contest is sanctioned by and conducted under the rules of the national governing body for amateur boxing that is recognized by the United States Olympic Committee. Except for this requirement, DRL's authority under the bill is limited to regulating and licensing a "professional boxing contest," which the bill defines as a boxing contest in which one or more of the boxers is compensated for participating in the contest.

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:

AB426, s. 1 Section 1. 440.05 (intro.) of the statutes is amended to read:

AB426,2,4 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, 449.18, and 459.46:

AB426, s. 2 Section 2. 440.08 (2) (a) (intro.) of the statutes is amended to read:

AB426,2,8 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.05, 444.11, 448.065, 447.04 (2) (c) 2., 449.17, 449.18, and 459.46, the renewal dates and renewal fees for credentials are as follows:

AB426, s. 3 Section 3. 440.23 (1) of the statutes is amended to read:

AB426,2,16 440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, 444.05, 444.11, or 459.46 (2) (b) by check or debit or credit card and the check is not paid by the financial institution upon which the check is drawn or if the demand for payment under the debit or credit card transaction is not paid by the financial institution upon which demand is made, the department may cancel the credential on or after the 60th day after the department receives the notice from the financial institution, subject to sub. (2).

AB426, s. 4 Section 4. 444.01 of the statutes is created to read:

AB426,3,1 444.01 Definitions. In this chapter:

AB426,3,3 (1) "Amateur boxing contest" means a boxing contest or exhibition in which none of the boxers are compensated for participating in the contest or exhibition.

AB426,3,6 (2) "Professional boxing contest" means a boxing contest or exhibition in which one or more of the boxers is compensated for participating in the contest or exhibition.

AB426, s. 5 Section 5. 444.02 of the statutes is amended to read:

AB426,3,21 444.02 Boxing licenses, permits. The department shall have the sole direction, management and control of, and jurisdiction over, all boxing and sparring exhibitions professional boxing contests conducted within the state by any club. No boxing or sparring exhibitions professional boxing contests may be conducted within the state except under authority granted by the department and in accordance with this chapter and the rules of the department. The department may issue, and for cause limit, suspend, or revoke, a license to conduct boxing and sparring exhibitions professional boxing contests to any incorporated club formed as provided in this chapter. The department may limit the number of sparring or boxing exhibitions professional boxing contests given by any club in any city, village, or town. No boxing or sparring exhibition professional boxing 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.

AB426, s. 6 Section 6. 444.03 of the statutes is amended to read:

AB426,4,9 444.03 Application for license; fee. No boxing or sparring exhibition professional boxing contest may be conducted by any 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 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. The application must show that the club has entered into a valid agreement for the use of the building, amphitheater, or stadium in which contests are to be held.

AB426, s. 7 Section 7. 444.04 of the statutes is amended to read:

AB426,4,15 444.04 Club reports. Within 24 hours after a club holds an exhibition a professional boxing contest, the club shall furnish to the department a written report, verified by one of its officers, showing the number of tickets sold for the exhibition contest, the amount of gross proceeds, and all other information the department requires by rule to be included in the report.

AB426, s. 8 Section 8. 444.05 of the statutes is repealed and recreated to read:

AB426,4,20 444.05 Amateur boxing contests. A person may conduct an amateur boxing contest in this state only if the contest is sanctioned by and conducted under the rules of the national governing body for amateur boxing that is recognized by the U.S. Olympic Committee under 36 USC 220521.

AB426, s. 9 Section 9. 444.06 of the statutes is amended to read:

AB426,5,6 444.06 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 exhibitions professional boxing 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.

AB426, s. 10 Section 10. 444.09 (title) of the statutes is amended to read:

AB426,5,8 444.09 (title) Conduct of exhibitions contests regulated.

AB426, s. 11 Section 11. 444.09 (1) of the statutes is amended to read:

AB426,5,13 444.09 (1) No boxing or sparring exhibition professional boxing contest shall be for more than 10 rounds except that where a championship is to be determined, the exhibition contest shall not be for more than 15 rounds, and no round shall last more than 3 minutes.

AB426, s. 12 Section 12. 444.09 (2) of the statutes is amended to read:

AB426,5,16 444.09 (2) There shall be one minute intermission between rounds of professional boxing contests.

AB426, s. 13 Section 13. 444.09 (3) of the statutes is amended to read:

AB426,5,20 444.09 (3) Gloves weighing not less than 5 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.

AB426, s. 14 Section 14. 444.09 (4) of the statutes is amended to read:

AB426,5,25 444.09 (4) No person under the age of 18 years shall participate in any professional boxing or sparring exhibition. Amateur contestants between 14 and 18 years of age may participate in amateur boxing or sparring exhibitions with the consent of their parents or guardians contest.

AB426, s. 15 Section 15. 444.09 (5) of the statutes is amended to read:

AB426,6,4 444.09 (5) No betting at any boxing or sparring exhibitions professional boxing contest shall be permitted before, after, or during any such contest, in the building where the contest is held.

AB426, s. 16 Section 16. 444.09 (6) of the statutes is amended to read:

AB426,6,9 444.09 (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. There shall be no unsportsmanlike conduct on the part of the contestants. This includes the use of abusive or insulting language.

AB426, s. 17 Section 17. 444.09 (7) of the statutes is amended to read:

AB426,6,14 444.09 (7) The department may allow or provide for decisions upon exhibitions professional boxing contests held under this chapter to be made by the referee or by the referee and 2 judges appointed by the department under regulations prescribed by the department.

AB426, s. 18 Section 18. 444.10 of the statutes is amended to read:

AB426,6,20 444.10 Physician to examine contestants. Prior to entering the ring, each contestant in a professional boxing contest must be examined by a physician who has been licensed to practice in Wisconsin not less than 5 years and who is appointed by the department and certifies in writing, over his or her signature, as to the contestant's physical and mental fitness to engage in such contest.