LRB-1365/1

MED : wlj : jm

2015 - 2016 LEGISLATURE

March 5, 2015 - Introduced by Representatives Kleefisch , Berceau , Brostoff ,

Danou , Edming , Hintz , Kahl , Mursau , A. Ott , Zepnick , Zamarripa and

Steffen , cosponsored by Senators Cowles , Hansen and Harris Dodd .

Referred to Committee on State Affairs and Government Operations.

AB76,1,6 1 An Act to amend 20.165 (1) (im), chapter 444 (title), 444.01 (1g), 444.01 (3),

2 444.01 (4), 444.02 (1), 444.02 (2), 444.02 (3) (intro.), 444.03, 444.035, 444.04,

3 444.06, 444.095 (title), 444.095 (1), 444.095 (2) (intro.), 444.095 (3) (intro.),

4 444.095 (3) (a), 444.095 (3) (b) (intro.), 444.11, 444.12, 444.13, 444.14, 444.15

5 and 444.18; and to create 444.01 (5) and 444.015 of the statutes; relating to:

6 regulation of unarmed combat sports. 20.165 (1) (im), chapter 444 (title), 444.01 (1g), 444.01 (3),444.01 (4), 444.02 (1), 444.02 (2), 444.02 (3) (intro.), 444.03, 444.035, 444.04,444.06, 444.095 (title), 444.095 (1), 444.095 (2) (intro.), 444.095 (3) (intro.),444.095 (3) (a), 444.095 (3) (b) (intro.), 444.11, 444.12, 444.13, 444.14, 444.15and 444.18; and444.01 (5) and 444.015 of the statutes;

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, which has

promulgated more detailed rules to implement them.

This bill generally substitutes "unarmed combat sports" for "mixed martial arts

fighting" in these provisions so that all unarmed combat sports—including

wrestling, kickboxing, karate, mixed martial arts, and any other form of unarmed

combat—are subject to the same laws that apply to amateur and professional MMA

fighting. The bill exempts from the law, however: 1) any karate contest, match, or

exhibition in which all of the contestants are amateur participants; 2) any

interscholastic or intercollegiate contest, match, or exhibition; and 3) an elementary

or secondary school, college, or university karate or wrestling coach who receives

compensation for teaching or coaching karate or wrestling only from the school,

college, or university.

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:

AB76,1 1 Section 1 . 20.165 (1) (im) of the statutes is amended to read: 20.165 (1) (im) of the statutes is amended to read:

AB76,2,4 2 20.165 (1) (im) Boxing and mixed martial arts fighting unarmed combat sports ;

3 enforcement. Fifty percent of all moneys received in forfeitures imposed under s.

4 444.14, for enforcement of ch. 444. 20.165(im)Fifty percent of all moneys received in forfeitures imposed under s.444.14, for enforcement of ch. 444.

AB76,2 5 Section 2 . Chapter 444 (title) of the statutes is amended to read: Chapter 444 (title) of the statutes is amended to read:

AB76,2,6 6 CHAPTER 444 CHAPTER 444

AB76,2,9 7 REGULATION OF BOXING AND

8 MIXED MARTIAL ARTS FIGHTING

9 Unarmed combat sports REGULATION OF

AB76,3 10 Section 3 . 444.01 (1g) of the statutes is amended to read: 444.01 (1g) of the statutes is amended to read:

AB76,2,14 11 444.01 (1g) "Amateur mixed martial arts fighting unarmed combat sports

12 contest" means a mixed martial arts fighting contest or exhibition of unarmed

13 combat sports in which none of the fighters contestants are compensated for

14 participating in the contest or exhibition. 444.01"Amateurcontest" means acontest or exhibitionin which none of theare compensated forparticipating in the contest or exhibition.

AB76,4 15 Section 4 . 444.01 (3) of the statutes is amended to read: 444.01 (3) of the statutes is amended to read:

AB76,3,2 1 444.01 (3) "Professional contest" means a professional boxing contest or a

2 professional mixed martial arts fighting unarmed combat sports contest. 444.01"Professional contest" means a professional boxing contest or aprofessionalcontest.

AB76,5 3 Section 5 . 444.01 (4) of the statutes is amended to read: 444.01 (4) of the statutes is amended to read:

AB76,3,7 4 444.01 (4) "Professional mixed martial arts fighting unarmed combat sports

5 contest" means a mixed martial arts fighting contest or exhibition of unarmed

6 combat sports in which one or more of the fighters contestants is compensated for

7 participating in the contest or exhibition. 444.01"Professionalcontest" means acontestin which one or more of theis compensated forparticipating in the contest or exhibition.

AB76,6 8 Section 6 . 444.01 (5) of the statutes is created to read: 444.01 (5) of the statutes is created to read:

AB76,3,11 9 444.01 (5) "Unarmed combat sports" includes wrestling, kickboxing, karate,

10 mixed martial arts, and any other form of unarmed combat, but does not include

11 boxing. 444.01"Unarmed combat sports" includes wrestling, kickboxing, karate,mixed martial arts, and any other form of unarmed combat, but does not includeboxing.

AB76,7 12 Section 7 . 444.015 of the statutes is created to read: 444.015 of the statutes is created to read:

AB76,3,15 13 444.015 Application of this chapter. (1) In this section, "amateur" means

14 a contestant who does not compete for a prize, in cash or otherwise, that has a value

15 of more than $25. In this section, "amateur" meansa contestant who does not compete for a prize, in cash or otherwise, that has a valueof more than $25.

AB76,3,17 16 (2) This chapter does not apply to, or require any license or permit for, any of

17 the following: This chapter does not apply to, or require any license or permit for, any ofthe following:

AB76,3,19 18 (a) Any karate contest, match, or exhibition in which all of the contestants are

19 amateur participants. (a) Any karate contest, match, or exhibition in which all of the contestants areamateur participants.

AB76,3,20 20 (b) Any interscholastic or intercollegiate contest, match, or exhibition. (b) Any interscholastic or intercollegiate contest, match, or exhibition.

AB76,3,23 21 (c) An elementary or secondary school, college, or university karate or

22 wrestling coach who receives compensation for teaching or coaching karate or

23 wrestling only from the school, college, or university. (c) An elementary or secondary school, college, or university karate orwrestling coach who receives compensation for teaching or coaching karate orwrestling only from the school, college, or university.

AB76,8 24 Section 8 . 444.02 (1) of the statutes is amended to read: 444.02 (1) of the statutes is amended to read:

AB76,4,7 1 444.02 (1) The department shall have the sole direction, management, and

2 control of, and jurisdiction over, all professional contests and all amateur mixed

3 martial arts fighting unarmed combat sports contests conducted within the state by

4 any promoter or club. No club or promoter may conduct professional contests or

5 amateur mixed martial arts fighting unarmed combat sports contests within the

6 state except under authority granted by the department and in accordance with this

7 chapter and the rules of the department. 444.02The department shall have the sole direction, management, andcontrol of, and jurisdiction over, all professional contests and all amateurcontests conducted within the state byany promoter or club. No club or promoter may conduct professional contests oramateurcontests within thestate except under authority granted by the department and in accordance with thischapter and the rules of the department.

AB76,9 8 Section 9 . 444.02 (2) of the statutes is amended to read: 444.02 (2) of the statutes is amended to read:

AB76,4,16 9 444.02 (2) The department may issue, and for cause limit, suspend, or revoke,

10 a license to conduct professional contests or amateur mixed martial arts fighting

11 unarmed combat sports contests to any promoter or incorporated club formed as

12 provided in this chapter. Every license shall be subject to the department's rules and

13 regulations. The department may limit the number of professional contests and

14 amateur mixed martial arts fighting unarmed combat sports contests given by any

15 promoter or club in any city, village, or town and may reprimand a promoter or club

16 for violating this chapter or any rule of the department. 444.02The department may issue, and for cause limit, suspend, or revoke,a license to conduct professional contests or amateurcontests to any promoter or incorporated club formed asprovided in this chapter. Every license shall be subject to the department's rules andregulations. The department may limit the number of professional contests andamateurcontests given by anypromoter or club in any city, village, or town and may reprimand a promoter or clubfor violating this chapter or any rule of the department.

AB76,10 17 Section 10 . 444.02 (3) (intro.) of the statutes is amended to read: 444.02 (3) (intro.) of the statutes is amended to read:

AB76,4,23 18 444.02 (3) (intro.) No professional contest or amateur mixed martial arts

19 fighting unarmed combat sports contest may be conducted by any licensed club

20 without a permit from the department. An application for a permit shall be

21 accompanied by a nonrefundable $300 processing fee. Every permit shall be

22 conditioned on payment by the promoter or club to the department, within 2 business

23 days after the event for which the permit was issued, of the following fees: 444.02(intro.) No professional contest or amateurcontest may be conducted by any licensed clubwithout a permit from the department. An application for a permit shall beaccompanied by a nonrefundable $300 processing fee. Every permit shall beconditioned on payment by the promoter or club to the department, within 2 businessdays after the event for which the permit was issued, of the following fees:

AB76,11 24 Section 11 . 444.03 of the statutes is amended to read: 444.03 of the statutes is amended to read:

AB76,5,8 1 444.03 Application for license; fee. No professional contest or amateur

2 mixed martial arts fighting unarmed combat sports contest may be conducted by any

3 promoter or club except by license granted to it by the department. An application

4 for a license shall be in writing, addressed to the department, and verified by the

5 promoter or by an officer of the club. An application shall be accompanied by an

6 annual fee of $500. The application must show that the promoter or club has entered

7 into a valid agreement for the use of the building, amphitheater, or stadium in which

8 contests are to be held. No professional contest or amateurcontest may be conducted by anypromoter or club except by license granted to it by the department. An applicationfor a license shall be in writing, addressed to the department, and verified by thepromoter or by an officer of the club. An application shall be accompanied by anannual fee of $500. The application must show that the promoter or club has enteredinto a valid agreement for the use of the building, amphitheater, or stadium in whichcontests are to be held.

AB76,12 9 Section 12 . 444.035 of the statutes is amended to read: 444.035 of the statutes is amended to read:

AB76,5,15 10 444.035 Bond. The department shall by rule require a promoter or club

11 conducting a professional contest or amateur mixed martial arts fighting unarmed

12 combat sports contest to post a bond or other surety in a reasonable amount

13 determined by the department to ensure payment of the promoter's or club's

14 expenses in conducting the contest, including payments to contestants and to the

15 department. The department shall by rule require a promoter or clubconducting a professional contest or amateurcontest to post a bond or other surety in a reasonable amountdetermined by the department to ensure payment of the promoter's or club'sexpenses in conducting the contest, including payments to contestants and to thedepartment.

AB76,13 16 Section 13 . 444.04 of the statutes is amended to read: 444.04 of the statutes is amended to read:

AB76,6,2 17 444.04 Promoter and club reports. Within 2 business days after a promoter

18 or club holds a professional contest or amateur mixed martial arts fighting unarmed

19 combat sports contest, the club shall furnish to the department a written report,

20 verified by the promoter or by one of the club's officers under penalty of perjury,

21 showing the number of tickets sold for the contest, the amount of gross proceeds, and

22 all other information the department requires by rule to be included in the report.

23 The department may limit, suspend, revoke, or assess a forfeiture to the promoter

24 or club for failure to comply with this section or failure to provide accurate

1 information to the department. Any forfeiture collected under this section shall be

2 deposited in the appropriation account under s. 20.165 (1) (jm). Within 2 business days after a promoteror club holds a professional contest or amateurcontest, 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, andall 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 promoteror club for failure to comply with this section or failure to provide accurateinformation to the department. Any forfeiture collected under this section shall bedeposited in the appropriation account under s. 20.165 (1) (jm).

AB76,14 3 Section 14 . 444.06 of the statutes is amended to read: 444.06 of the statutes is amended to read:

AB76,6,14 4 444.06 Inspectors. The department shall appoint official inspectors, each of

5 whom shall receive a card authorizing the inspector to act wherever the department

6 designates. The department may be, and at least one inspector shall be present at

7 all professional contests and all amateur mixed martial arts fighting unarmed

8 combat sports contests and see that the rules are strictly observed. Inspectors shall

9 be reimbursed for their actual and necessary expenses incurred in the performance

10 of their duties. The department may require a promoter or club to pay the cost of

11 designating additional inspectors, who may include a referee or judge performing the

12 duties of an inspector, for an event. The department may require a promoter or club

13 to pay the department an amount not to exceed $250 for each additional inspector

14 designated by the department. The department shall appoint official inspectors, each ofwhom shall receive a card authorizing the inspector to act wherever the departmentdesignates. The department may be, and at least one inspector shall be present atall professional contests and all amateurcontests and see that the rules are strictly observed. Inspectors shallbe reimbursed for their actual and necessary expenses incurred in the performanceof their duties. The department may require a promoter or club to pay the cost ofdesignating additional inspectors, who may include a referee or judge performing theduties of an inspector, for an event. The department may require a promoter or clubto pay the department an amount not to exceed $250 for each additional inspectordesignated by the department.

AB76,15 15 Section 15 . 444.095 (title) of the statutes is amended to read: 444.095 (title) of the statutes is amended to read:

AB76,6,17 16 444.095 (title) Conduct of mixed martial arts fighting unarmed combat

17 sports contests regulated. (title)

AB76,16 18 Section 16 . 444.095 (1) of the statutes is amended to read: 444.095 (1) of the statutes is amended to read:

AB76,6,21 19 444.095 (1) No individual may be a contestant in an amateur mixed martial

20 arts fighting unarmed combat sports contest unless the individual can provide

21 evidence that he or she is covered by adequate health insurance. 444.095No individual may be a contestant in an amateurcontest unless the individual can provideevidence that he or she is covered by adequate health insurance.