SF 3617

Introduction - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to commerce; establishing the Board of Nontraditional Fighting;
imposing a criminal penalty; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 341.

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

Section 1.

new text begin [341.50] DEFINITIONS.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Boxing. new text end

new text begin "Boxing" means the act of attack and defense with the fists, using
padded gloves, that is practiced as a sport under the rules of the World Boxing Association,
the World Boxing Council, the International Boxing Federation, or equivalent. Where
applicable, boxing includes full contact karate.
new text end

new text begin Subd. 3. new text end

new text begin Commission. new text end

new text begin "Commission" means the Minnesota Nontraditional Fighting
Commission.
new text end

new text begin Subd. 4. new text end

new text begin Contest. new text end

new text begin "Contest" means any nontraditional fighting contest, match,
or exhibition.
new text end

new text begin Subd. 5. new text end

new text begin Nontraditional fighting contest. new text end

new text begin "Nontraditional fighting contest" means
any competition between two or more persons, with or without gloves, who use any
combination of fighting skills, including boxing, wrestling, hitting, kicking, martial arts,
and other combative full contact techniques. Nontraditional fighting contests include, but
are not limited to, ultimate fighting, extreme fighting, elimination contests, cage fighting,
mixed martial arts fighting, tough man contests, shoot fighting, and the like, but not
kickboxing, any recognized martial arts competition, or contests strictly limited to boxing.
new text end

new text begin Subd. 6. new text end

new text begin Professional. new text end

new text begin "Professional" means any person who competes for any
money prize or a prize that exceeds the value of $50 or teaches, pursues, or assists in the
practice of nontraditional fighting as a means of obtaining a livelihood or pecuniary gain.
new text end

new text begin Subd. 7. new text end

new text begin Director. new text end

new text begin "Director" means the executive director of the commission.
new text end

Sec. 2.

new text begin [341.51] CREATION.
new text end

new text begin The Board of Nontraditional Fighting consists of five members appointed by the
governor. All members must be residents of this state. Two members must be public
members as defined by section 214.02. Membership terms, compensation of members,
removal of members, the filling of membership vacancies, and fiscal year and reporting
requirements shall be as provided in sections 214.07 to 214.09. The provision of staff,
administrative services, and office space; the review and processing of complaints; the
setting of board fees; and other provisions relating to board operations shall be as provided
in chapter 214.
new text end

Sec. 3.

new text begin [341.52] LIMITATIONS.
new text end

new text begin No member shall directly or indirectly promote any nontraditional fighting contest
exhibition or directly or indirectly engage in the managing of any nontraditional fighter or
be interested in any manner in any proceeds from any nontraditional fighting contest.
new text end

Sec. 4.

new text begin [341.53] EXECUTIVE DIRECTOR; PERSONNEL.
new text end

new text begin The Board of Nontraditional Fighting may appoint, and at its pleasure remove,
an executive director and prescribe the powers and duties of the office. The executive
director shall not be a member of the board. The board may employ other personnel as
necessary in the performance of its duties.
new text end

Sec. 5.

new text begin [341.54] DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Powers. new text end

new text begin The Board of Nontraditional Fighting must supervise all
nontraditional fighting contests held in the state and must:
new text end

new text begin (1) adopt rules governing the conduct, location, and timing of nontraditional fighting
contests; and
new text end

new text begin (2) issue licenses to individuals or organizations for the promotion or conduct of
nontraditional fighting contests. The board may suspend or revoke the licenses for cause.
new text end

new text begin Subd. 2. new text end

new text begin Licenses. new text end

new text begin The Board of Nontraditional Fighting shall issue a license to
a person or organization charging for a simultaneous telecast of any live, current, or
spontaneous nontraditional fighting contest, exhibition, or performance on a closed circuit
telecast or subscription television program viewed within the state, regardless of where the
telecast originated. Each person or organization shall apply for a license in advance of
each showing.
new text end

new text begin A person who violates the provisions of this subdivision is guilty of a misdemeanor
and may be punished as provided by law. The penalty provided in this section is in
addition to any other penalty for a violation of this subdivision under any separate
provisions of this chapter.
new text end

Sec. 6.

new text begin [341.55] SOURCE OF FUNDS FOR ADMINISTRATION OF DUTIES.
new text end

new text begin The expenses of administering sections 341.50 to 341.60 shall be paid from
appropriations to the Board of Nontraditional Fighting.
new text end

Sec. 7.

new text begin [341.56] LICENSES; RESTRICTIONS.
new text end

new text begin Unless revoked by the board, licenses granted under this chapter shall authorize
recipients to conduct nontraditional fighting contests in the designated community for the
designated period of time, subject to the rules of the board and to additional restrictions
made by the board.
new text end

Sec. 8.

new text begin [341.57] LICENSE FEES.
new text end

new text begin The board shall have authority to collect and require the payment of a license fee in
an amount set by the board from the owners of franchises or licenses. Notwithstanding
section 16A.1285, the fee is not subject to approval by the commissioner of finance and
need not recover all costs. The board shall require the payment of the fee at the time of
the issuance of the license or franchise to the owner. The money from license fees shall
be collected by the board and paid to the commissioner of finance. The board shall have
authority to license all boxers, managers, seconds, referees, and judges, and may require
them to pay a license fee. All money collected by the board from the licenses shall be paid
to the commissioner of finance.
new text end

Sec. 9.

new text begin [341.58] PROFESSIONAL CONTESTS.
new text end

new text begin Any contest, match, or exhibition in which cash prizes of $5 or more or other prizes
worth $100 or more are offered to any contestant shall comply with all rules of the Board
of Nontraditional Fighting governing professional nontraditional fighting. For purposes of
this section, trophies, travel expenses, and subsistence expenses shall not be considered
prizes. No contestant participating in these contests, matches, or exhibitions shall engage
in more than 15 rounds of competition in a 14-day period. If the contestant loses due to a
technical knockout or is knocked unconscious, the contestant cannot fight for a 30-day
period. No contestant shall participate in contests, matches, or exhibitions unless the
contestant has submitted an affidavit of physical fitness, subscribed and sworn to under
oath, to the board and has been examined by a physician designated by the board. The
affidavit must state that the contestant has regularly trained for at least 60 days under
the supervision of a boxer's second licensed by the Board of Nontraditional Fighting,
or a boxer's second or trainer licensed in another jurisdiction, or the equivalent. The
examination must include an electroencephalogram if the contestant has been knocked
unconscious in competition. The examination must also include an eye examination
designed to reveal any retinal defects or damage that could be aggravated by nontraditional
fighting. The examination shall be performed at the expense of the promoter.
new text end

new text begin The board may order an electroencephalogram before any contest, match, or
exhibition if it determines that the examination is necessary to protect the health of the
contestant. The examination must be performed at the expense of the promoter.
new text end

Sec. 10.

new text begin [341.59] BONDS.
new text end

new text begin Before any license shall be granted to any person, club, corporation, or organization
to conduct, hold, or give any nontraditional fighting contest, the applicant shall execute
and file with the commissioner of commerce a bond in the sum of $......., to be approved,
as to form and sufficiency of the sureties, by the commissioner of commerce, conditioned
for the payment of five percent of the total gross receipts and license fees. Upon the filing
and approval of the bond, the commissioner of commerce shall issue to the applicant for
the license a certificate of filing and approval, which shall be filed by the applicant in the
office of the board with its application for the license. No license shall be issued until the
certificate of filing and approval has been filed.
new text end

Sec. 11.

new text begin [341.60] PENALTIES FOR NONLICENSED EXHIBITIONS.
new text end

new text begin Any person or persons who send or cause to be sent, published, or otherwise made
known any challenge to fight a nontraditional fighting contest for any prize, reward, or
compensation, or at which any admission fee is charged directly or indirectly, or go into
training preparatory for the fight, exhibition, or contest, or act as a trainer, aider, abettor,
backer, umpire, second surgeon, assistant, or attendant at the fight, exhibition, or contest,
or in any preparation for the same, and any owner or lessee of any property who permits
the property to be used for the contest, is guilty of a misdemeanor. This section does not
apply to nontraditional fighting contests held or to be held under a license issued by the
Board of Nontraditional Fighting and in compliance with the rules adopted by the board.
new text end

Sec. 12. new text begin INITIAL APPOINTMENTS.
new text end

new text begin The governor shall make initial appointments to the Board of Nontraditional
Fighting by July 1, 2006, to enable the board to commence operation on that date.
new text end

Sec. 13. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the Board of Nontraditional Fighting
for board operations in fiscal year 2007.
new text end

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 and 13 are effective July 1, 2006. Section 12 is effective the day
following final enactment.
new text end