HF 5224

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 11:53am

A bill for an act
relating to labor and industry; modifying combative sports regulations; increasing
payment threshold from the contractor recovery fund; amending Minnesota Statutes
2022, sections 326B.89, subdivision 5; 341.28, by adding a subdivision; 341.29;
Minnesota Statutes 2023 Supplement, sections 341.25; 341.28, subdivision 5;
341.30, subdivision 4; 341.321; 341.33, by adding a subdivision; 341.355.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 326B.89, subdivision 5, is amended to read:

Subd. 5.

Payment limitations.

The commissioner shall not pay compensation from the
fund to an owner or a lessee in an amount greater than deleted text begin $75,000 deleted text end new text begin $100,000 new text end per licensee. The
commissioner shall not pay compensation from the fund to owners and lessees in an amount
that totals more than $550,000 per licensee. The commissioner shall only pay compensation
from the fund for a final judgment that is based on a contract directly between the licensee
and the homeowner or lessee that was entered into prior to the cause of action and that
requires licensure as a residential building contractor or residential remodeler.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 341.25, is amended to read:

341.25 RULES.

(a) The commissioner may adopt rules that include standards for the physical examination
and condition of combatants and referees.

(b) The commissioner may adopt other rules necessary to carry out the purposes of this
chapter, including, but not limited to, the conduct of all combative sport contests and their
manner, supervision, time, and place.

(c) The most recent version of the Unified Rules of Mixed Martial Arts, as promulgated
by the Association of Boxing Commissions, is incorporated by reference and made a part
of this chapter except as qualified by this chapter and Minnesota Rules, chapter 2202. In
the event of a conflict between this chapter and the Unified Rules, this chapter must govern.

(d) The most recent version of the Unified Rules of Boxing, as promulgated by the
Association of Boxing Commissions, is incorporated by reference and made a part of this
chapter except as qualified by this chapter and Minnesota Rules, chapter 2201. In the event
of a conflict between this chapter and the Unified Rules, this chapter must govern.

(e) The most recent version of the Unified Rules of Kickboxing new text begin and Unified Rules of
Muay Thai new text end , as promulgated by the Association of Boxing Commissions, deleted text begin is deleted text end new text begin are new text end incorporated
by reference and made a part of this chapter except as qualified by this chapter and any
applicable Minnesota Rules. In the event of a conflict between this chapter and deleted text begin the Unified
Rules deleted text end new text begin those rules new text end , this chapter must govern. new text begin If a promoter seeks to hold a kickboxing event
governed by a different set of kickboxing rules, the promoter must send the commissioner
a copy of the rules under which the proposed bouts will be conducted at least 45 days before
the event. The commissioner may approve or deny the use of the alternative rules at the
commissioner's discretion. If the alternative rules are approved for an event, this chapter
and any applicable Minnesota Rules, except of those incorporating the Unified Rules of
Kickboxing and Unified Rules of Muay Thai, must govern if there is a conflict between the
rules and Minnesota law.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 341.28, subdivision 5, is amended
to read:

Subd. 5.

Regulatory authority; martial arts and amateur boxing.

(a) Unless this
chapter specifically states otherwise, contests or exhibitions for martial arts and amateur
boxing are exempt from the requirements of this chapter and officials at these events are
not required to be licensed under this chapter.

(b) Martial arts and amateur boxing contests, unless subject to the exceptions set forth
in subdivision 6 new text begin or 7 new text end , must be regulated by a nationally recognized organization approved
by the commissioner. The organization must have a set of written standards, procedures, or
rules used to sanction the combative sports it oversees.

(c) Any regulatory body overseeing a martial arts or amateur boxing event must submit
bout results to the commissioner within 72 hours after the event. If the regulatory body
issues suspensions, the regulatory body must submit to the commissioner a list of any
suspensions resulting from the event within 72 hours after the event. Regulatory bodies that
oversee combative sports or martial arts contests under subdivision 6 new text begin or 7 new text end are not subject
to this paragraph.

Sec. 4.

Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Regulatory authority; youth competition. new text end

new text begin Combative sports or martial arts
contests between individuals under the age of 18 years are exempt from the requirements
of this chapter and officials at these events are not required to be licensed under this chapter.
A contest under this subdivision must be regulated by (1) a widely recognized organization
that regularly oversees youth competition, or (2) a local government.
new text end

Sec. 5.

Minnesota Statutes 2022, section 341.29, is amended to read:

341.29 JURISDICTION OF COMMISSIONER.

The commissioner shall:

(1) have sole direction, supervision, regulation, control, and jurisdiction over all
combative sport contests that are held within this state unless a contest is exempt from the
application of this chapter under federal law;

(2) have sole control, authority, and jurisdiction over all licenses required by this chapter;

(3) grant a license to an applicant if, in the judgment of the commissioner, the financial
responsibility, experience, character, and general fitness of the applicant are consistent with
the public interest deleted text begin , convenience, or necessity deleted text end and new text begin in new text end the best interests of combative sports
and conforms with this chapter and the commissioner's rules;

(4) deny, suspend, or revoke a license using the enforcement provisions of section
326B.082, except that the licensing reapplication time frames remain within the sole
discretion of the commissioner; and

(5) serve final nonlicensing orders in performing the duties of this chapter which are
subject to the contested case procedures provided in sections 14.57 to 14.69.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 341.30, subdivision 4, is amended
to read:

Subd. 4.

Prelicensure requirements.

(a) Before the commissioner issues a promoter's
license to an individual, corporation, or other business entity, the applicant shall complete
a licensing application on the Office of Combative Sports website or on forms prescribed
by the commissioner and shall:

(1) show on the licensing application the owner or owners of the applicant entity and
the percentage of interest held by each owner holding a 25 percent or more interest in the
applicant;

(2) provide the commissioner with a copy of the latest financial statement of the applicant;

(3) provide proof, where applicable, of authorization to do business in the state of
Minnesota; and

(4) deposit with the commissioner a surety bond in an amount set by the commissioner,
which must not be less than $10,000. The bond shall be executed in favor of this state and
shall be conditioned on the faithful performance by the promoter of the promoter's obligations
under this chapter and the rules adopted under it.

(b) Before the commissioner issues a license to a combatant, the applicant shall:

(1) submit to the commissioner the results of current medical examinations on forms
prescribed by the commissioner that state that the combatant is cleared to participate in a
combative sport contest. The applicant must undergo and submit the results of the following
medical examinations, which do not exempt a combatant from the requirements in section
341.33:

(i) a physical examination performed by a licensed medical doctor, doctor of osteopathic
medicine, advance practice nurse practitioner, or a physician assistant. Physical examinations
are valid for one year from the date of the exam;

(ii) an ophthalmological examination performed by an ophthalmologist or optometrist
that includes dilation designed to detect any retinal defects or other damage or a condition
of the eye that could be aggravated by combative sports. Ophthalmological examinations
are valid for one year from the date of the exam;

(iii) blood work results for HBsAg (Hepatitis B surface antigen), HCV (Hepatitis C
antibody), and HIV. Blood work results are good for one year from the date blood was
drawn. The commissioner shall not issue a license to an applicant submitting positive test
results for HBsAg, HCV, or HIV; and

(iv) other appropriate neurological or physical examinations before any contest, if the
commissioner determines that the examination is desirable to protect the health of the
combatant;

(2) complete a licensing application on the Office of Combative Sports website or on
forms prescribed by the commissioner; and

(3) provide proof that the applicant is 18 years of age. Acceptable proof is a photo driver's
license, state photo identification card, passport, or birth certificate combined with additional
photo identification.

new text begin (c) Before the commissioner issues an amateur combatant license to an individual, the
applicant must submit proof of qualifications that includes at a minimum: (1) an applicant's
prior bout history and evidence showing that the applicant has completed at least six months
of training in a combative sport; or (2) a letter of recommendation from a coach or trainer.
new text end

new text begin (d) Before the commissioner issues a professional combatant license to an individual,
the applicant must submit proof of qualifications that includes an applicant's prior bout
history showing the applicant has competed in at least four sanctioned combative sports
contests. If the applicant has not competed in at least four sanctioned combative sports
contests, the commissioner may still grant the applicant a license if the applicant provides
evidence demonstrating that the applicant has sufficient skills and experience in combative
sports or martial arts to compete as a professional combatant.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end Before the commissioner issues a license to a referee, judge, or timekeeper, the
applicant must submit proof of qualifications that may include certified training from the
Association of Boxing Commissions, licensure with other regulatory bodies, professional
references, or a log of bouts worked.

deleted text begin (d) deleted text end new text begin (f) new text end Before the commissioner issues a license to a ringside physician, the applicant
must submit proof that they are licensed to practice medicine in the state of Minnesota and
in good standing.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 341.321, is amended to read:

341.321 FEE SCHEDULE.

(a) The fee schedule for professional and amateur licenses issued by the commissioner
is as follows:

(1) referees, $25;

(2) promoters, $700;

(3) judges and knockdown judges, $25;

(4) trainers and seconds, $40;

(5) timekeepers, $25;

(6) professional combatants, $70;

(7) amateur combatants, $35; and

(8) ringside physicians, $25.

All license fees shall be paid no later than the weigh-in prior to the contest. No license may
be issued until all prelicensure requirements in section 341.30 are satisfied and fees are
paid.

(b) A promoter or event organizer of an event regulated by the Department of Labor and
Industry must pay, per event, a combative sport contest fee deleted text begin of deleted text end new text begin .
new text end

new text begin (c) If the promoter sells tickets for the event, the event fee is new text end $1,500 deleted text begin per event deleted text end or four
percent of the gross ticket sales, whichever is greater. The fee must be paid as follows:

(1) $500 at the time the combative sport contest is scheduled new text begin , which is nonrefundable new text end ;

(2) $1,000 at the weigh-in prior to the contest;

(3) if four percent of the gross ticket sales is greater than $1,500, the balance is due to
the commissioner within 14 days of the completed contest; and

(4) the value of all complimentary tickets distributed for an event, to the extent they
exceed five percent of total event attendance, counts toward gross tickets sales for the
purposes of determining a combative sports contest fee. For purposes of this clause, the
lowest advertised ticket price shall be used to calculate the value of complimentary tickets.

new text begin (d) If the promoter does not sell tickets and receives only a flat payment from a venue
to administer the event, the event fee is $1,500 per event or four percent of the flat payment,
whichever is greater. The fee must be paid as follows:
new text end

new text begin (1) $500 at the time the combative sport contest is scheduled, which is nonrefundable;
new text end

new text begin (2) $1,000 at the weigh-in prior to the contest; and
new text end

new text begin (3) if four percent of the flat payment is greater than $1,500, the balance is due to the
commissioner within 14 days of the completed contest.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.

Sec. 8.

Minnesota Statutes 2023 Supplement, section 341.33, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Medical records. new text end

new text begin The commissioner may, if the commissioner determines that
doing so would be desirable to protect the health of a combatant, provide the combatant's
medical information collected under this chapter to the physician conducting a prebout exam
under this section or to the ringside physician or physicians assigned to the combatant's
combative sports contest.
new text end

Sec. 9.

Minnesota Statutes 2023 Supplement, section 341.355, is amended to read:

341.355 CIVIL PENALTIES.

When the commissioner finds that a person has violated one or more provisions of any
statute, rule, or order that the commissioner is empowered to regulate, enforce, or issue, the
commissioner may impose, for each violation, a civil penalty of up to $10,000 for each
violation, or a civil penalty that deprives the person of any economic advantage gained by
the violation, or both. The commissioner may also impose these penalties against a person
who has violated section 341.28, subdivision 5, paragraph (b) or (c) new text begin , or subdivision 7 new text end .