2009 WISCONSIN ACT
111
An Act
to repeal
444.09 (8);
to renumber and amend
444.02;
to amend
chapter 444 (title), 444.02 (title), 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 (1g), 444.01 (1m), 444.01 (1r), 444.01 (3), 444.01 (4), 444.02 (3) (a), 444.02 (3) (b), 444.02 (3) (c), 444.035, 444.09 (9), 444.095 and 444.19 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:
Section
1
.
20.165 (1) (im) of the statutes is created to read:
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.
Section
2
.
Chapter 444 (title) of the statutes is amended to read:
Chapter 444
regulation of boxing
and
mixed martial arts fighting
Section
3
.
444.01 (1g) of the statutes is created to read:
444.01
(1g)
"Amateur mixed martial arts fighting contest" means a mixed martial arts fighting contest or exhibition in which none of the fighters are compensated for participating in the contest or exhibition.
Section
4
.
444.01 (1m) of the statutes is created to read:
444.01
(1m)
"Physician" means a person licensed to practice medicine and surgery under s. 448.04 (1) (a).
Section
5
.
444.01 (1r) of the statutes is created to read:
444.01
(1r)
"Mixed martial arts fighting" does not include any of the following:
(a) Fighting in which the contestants in a match use the same single form of martial arts, even if the match is part of an event comprising more than one such match and not all the matches in the event use the same single form of martial arts.
(b) A martial arts match in which the rules prohibit a contestant from striking an opponent's head with the intent to cause unconsciousness or inflict damage.
Section
6
.
444.01 (3) of the statutes is created to read:
444.01
(3)
"Professional contest" means a professional boxing contest or a professional mixed martial arts fighting contest.
Section
7
.
444.01 (4) of the statutes is created to read:
444.01
(4)
"Professional mixed martial arts fighting contest" means a mixed martial arts fighting contest in which one or more of the fighters is compensated for participating in the contest or exhibition.
Section
8
.
444.02 (title) of the statutes is amended to read:
444.02
(title)
Boxing licenses,
Licenses and
permits.
Section
9
.
444.02 of the statutes is renumbered 444.02 (1) and amended to read:
444.02
(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.
(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
.
(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:
Section
10
.
444.02 (3) (a) of the statutes is created to read:
444.02
(3)
(a) If the number of tickets sold for the event is less than 2,000, an event fee of $450.
Section
11
.
444.02 (3) (b) of the statutes is created to read:
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.
Section
12
.
444.02 (3) (c) of the statutes is created to read:
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.
Section
13
.
444.03 of the statutes is amended to read:
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.
Section
14
.
444.035 of the statutes is created to read:
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.
Section
15
.
444.04 of the statutes is amended to read:
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).
Section
16
.
444.06 of the statutes is amended to read:
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.
Section
17
.
444.09 (title) of the statutes is amended to read:
444.09
(title)
Conduct of
boxing
contests regulated.
Section
18
.
444.09 (1) of the statutes is amended to read:
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.
Section
19
.
444.09 (3) of the statutes is amended to read:
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
10
ounces by other contestants
in boxing contests
.
Section
20
.
444.09 (6) of the statutes is amended to read:
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.
Section
21
.
444.09 (8) of the statutes is repealed.
Section
22
.
444.09 (9) of the statutes is created to read:
444.09
(9)
Except as otherwise specified in this chapter, boxing contests shall be conducted under the Association of Boxing Commissions' uniform boxing rules.
Section
23
.
444.095 of the statutes is created to read:
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.
(2)
No promoter or club may conduct a mixed martial arts fighting contest unless all of the following apply:
(a) There is present at least one referee who is licensed by the department and at least 3 judges who are licensed by the department.
(b) A physician examines each contestant immediately before and after each match in which the contestant participates.
(c) A physician is present during each match to provide emergency care in the event of an injury.
(d) An ambulance and emergency medical services personnel with oxygen are present on the premises and equipped to transport an injured contestant.
(3)
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.
(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.
Section
24
.
444.10 (title) of the statutes is amended to read:
444.10
(title)
Physician to examine
professional boxing
contestants.
Section
25
.
444.11 of the statutes is amended to read:
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 arts 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
and judges
, $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.
Section
26
.
444.12 of the statutes is amended to read:
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.
Section
27
.
444.13 of the statutes is amended to read:
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
.
Section
28
.
444.14 of the statutes is amended to read:
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)
.
Section
29
.
444.15 of the statutes is amended to read:
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.
Section
30
.
444.18 of the statutes is amended to read:
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
.
Section
31
.
444.19 of the statutes is created to read:
444.19
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.
Section
32
.
Nonstatutory provisions.
(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.
(2) Using the procedure under section 227.24 of the statutes, the department of regulation and licensing shall promulgate 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 for the period before the effective date of the rule submitted under subsection (1), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(3) The authorized FTE positions for the department of regulation and licensing are increased by 3.0 PR positions, to be funded from the appropriation under section 20.165 (1) (g) of the statutes, for the purpose of providing increased staff for the administration of chapter 444 of the statutes, as affected by this act.
Section
33
.
Fiscal changes.
(1)
In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of regulation and licensing under section 20.165 (1) (g) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $245,440 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide additional funding for the administration and enforcement of chapter 444 of the statutes, as affected by this act.
Section
34
.
Effective date.
(1)
This act takes effect on the first day of the 7th month beginning after publication.
