HF 3655

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to boxing; regulation of boxing; establishing a boxing commission;
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 [341.21] DEFINITIONS.
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 Boxing 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 boxing or 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 do not
include kick boxing or any recognized martial arts competition.
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 boxing or 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

new text begin Subd. 8. new text end

new text begin Tough man contest. new text end

new text begin "Tough man contest" means any boxing match
consisting of one-minute rounds between two or more persons who use their hands or
their feet, or both, in any manner. Tough man contest does not include kick boxing, any
recognized martial arts competition, or boxing as defined in subdivision 2.
new text end

Sec. 2.

new text begin [341.22] BOXING COMMISSION.
new text end

new text begin There is hereby created the Minnesota Boxing Commission, consisting of five
members who are citizens of this state. One member of the commission shall be a retired
judge of the Minnesota district court, Minnesota Court of Appeals, Minnesota Supreme
Court, the United States District Court for the District of Minnesota, or the Eighth Circuit
Court of Appeals; one member shall be a licensed medical professional; and three
members shall be involved in the boxing industry. 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 fees; and other provisions relating to commission operations shall be as
provided in chapter 214.
new text end

Sec. 3.

new text begin [341.23] LIMITATIONS.
new text end

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

Sec. 4.

new text begin [341.24] EXECUTIVE DIRECTOR.
new text end

new text begin The commission 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 commission. The commission may employ personnel necessary to the
performance of its duties.
new text end

Sec. 5.

new text begin [341.25] RULES.
new text end

new text begin (a) The commission may adopt rules that include standards for the physical
examination and condition of boxers, nontraditional fighters, and referees.
new text end

new text begin (b) The commission may adopt other rules necessary to carry out the purposes of this
chapter, including, but not limited to, the conduct of boxing exhibitions, bouts, fights, and
nontraditional fighting contests and events, and their manner, supervision, time, and place.
new text end

Sec. 6.

new text begin [341.26] MEETINGS.
new text end

new text begin The commission shall hold a regular meeting quarterly and in addition may hold
special meetings. Except as otherwise provided in law, all meetings of the commission
shall be open to the public and reasonable notice of the meetings shall be given under
chapter 13D.
new text end

Sec. 7.

new text begin [341.27] COMMISSION DUTIES.
new text end

new text begin The commission shall:
new text end

new text begin (1) issue, deny, renew, suspend, or revoke licenses;
new text end

new text begin (2) make and maintain records of its acts and proceedings including the issuance,
denial, renewal, suspension, or revocation of licenses;
new text end

new text begin (3) keep public records of the commission open to inspection at all reasonable times;
new text end

new text begin (4) assist the director in the development of rules to be implemented under this
chapter; and
new text end

new text begin (5) conform to the rules adopted under this chapter.
new text end

Sec. 8.

new text begin [341.28] REGULATION OF BOXING AND NONTRADITIONAL
FIGHTING CONTESTS.
new text end

new text begin Subdivision 1. new text end

new text begin Regulatory authority; boxing. new text end

new text begin All boxing contests are subject to
this chapter. Every contestant in a boxing contest shall wear padded gloves that weigh at
least eight ounces. The commission shall, for every boxing contest:
new text end

new text begin (1) direct a commission member to be present; and
new text end

new text begin (2) direct the attending commission member to make a written report of the contest.
new text end

new text begin All boxing contests within this state shall be conducted according to the requirements
of this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Regulatory authority; tough man contests. new text end

new text begin All tough man contests,
including amateur tough man contests, are subject to this chapter. Every contestant in a
tough man contest shall wear padded gloves that weight at least 12 ounces.
new text end

new text begin Subd. 3. new text end

new text begin Regulatory authority; nontraditional fighting. new text end

new text begin All nontraditional
fighting, including amateur nontraditional fighting contests, are subject to this chapter and
the rules adopted by the commission. Contestants in nontraditional fighting contests shall
not strike other contestants in the spinal column or in the back of the head, and shall not
strike with their knees or elbows.
new text end

Sec. 9.

new text begin [341.29] JURISDICTION OF COMMISSION.
new text end

new text begin The commission shall:
new text end

new text begin (1) have sole direction, supervision, regulation, control, and jurisdiction over all
boxing contests, tough man contests, and nontraditional fighting contests held within this
state unless a contest is exempt from the application of this chapter under federal law;
new text end

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

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

Sec. 10.

new text begin [341.30] LICENSURE; PERSONS REQUIRED TO OBTAIN
LICENSES; REQUIREMENTS; BACKGROUND INFORMATION; FEE; BOND.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure; individuals. new text end

new text begin All referees, judges, matchmakers,
promoters, trainers, ring announcers, timekeepers, ringside physicians, boxers,
nontraditional fighters, boxers' managers, and boxers' seconds are required to be licensed
by the commission. The commission shall not permit any of these persons to participate
in the holding or conduct of any boxing contest unless the commission has first issued
the person a license.
new text end

new text begin Subd. 2. new text end

new text begin Entity licensure. new text end

new text begin Before participating in the holding or conduct of any
boxing or nontraditional fighting contest, a corporation, partnership, limited liability
company, or other business entity organized and existing under law, its officers and
directors, and any person holding 25 percent or more of the ownership of the corporation
shall obtain a license from the commission and must be authorized to do business under
the laws of this state.
new text end

new text begin Subd. 3. new text end

new text begin Background investigation. new text end

new text begin The commission shall require referees,
judges, matchmakers, promoters, boxers, and nontraditional fighters' managers to furnish
fingerprints and background information under commission rules before licensure. The
commission shall charge a fee for receiving fingerprints and background information
in an amount determined by the commission. The commission may require referees,
judges, matchmakers, promoters, boxers, and nontraditional fighters' managers to furnish
fingerprints and background information before license renewal if the commission
determines that the fingerprints and background information are desirable or necessary.
The fee may include a reasonable charge for expenses incurred by the commission or the
Department of Public Safety. For this purpose, the commission and the Department of
Public Safety may enter into an interagency agreement pursuant to section .......
new text end

new text begin Subd. 4. new text end

new text begin Prelicensure requirements. new text end

new text begin (a) Before the commission issues a license to
a promoter, matchmaker, corporation, or other business entity, the applicant shall:
new text end

new text begin (1) provide the commission with a copy of any agreement between a contestant
and the applicant which binds the applicant to pay the contestant a certain fixed fee or
percentage of the gate receipts;
new text end

new text begin (2) show on the 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;
new text end

new text begin (3) provide the commission with a copy of the latest financial statement of the
entity; and
new text end

new text begin (4) provide the commission with a copy or other proof acceptable to the commission
of the insurance contract or policy required by this chapter.
new text end

new text begin (b) Before the commission issues a license to a promoter, the applicant shall deposit
with the commission a cash bond or surety bond in an amount set by the commission.
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.
new text end

new text begin (c) Before the commission issues a license to a boxer or nontraditional fighter, the
applicant shall submit to the commission the results of a current medical examination on
forms furnished or approved by the commission. The medical examination must include
an ophthalmological and neurological examination. The ophthalmological exam must be
designed to detect any retinal defects or other damage or condition of the eye that could
be aggravated by boxing or nontraditional fighting. The neurological examination must
include an electroencephalogram or medically superior test if the boxer or nontraditional
fighter has been knocked unconscious in a previous boxing, nontraditional fighting, or
other athletic competition. The commission may also order an electroencephalogram or
other appropriate neurological or physical exam before any contest, match, or exhibition
if it determines that the examination is desirable to protect the health of the boxer or
nontraditional fighter.
new text end

Sec. 11.

new text begin [341.31] SIMULCAST LICENSES.
new text end

new text begin The commission shall issue a license to a person or organization holding, showing,
or exhibiting a simultaneous telecast of any live, current, or spontaneous boxing or
sparring match or nontraditional fighting exhibition or performance on a closed circuit
telecast or subscription television program viewed within the state, whether originating
in this state or elsewhere, and for which a charge is made. Each person or organization
shall apply for such a license in advance of each showing. No showing may be licensed
unless the person or organization applying for the license:
new text end

new text begin (1) certifies that the match is subject to the jurisdiction and regulation of a boxing or
athletic regulatory authority in another state or country;
new text end

new text begin (2) certifies the match is in compliance with the requirements of the authority;
new text end

new text begin (3) identifies the authority; and
new text end

new text begin (4) provides any information the commission may require.
new text end

Sec. 12.

new text begin [341.32] LICENSE FEES; EXPIRATION; RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Annual licensure. new text end

new text begin The commission may establish and issue annual
licenses subject to the collection of advance fees by the commission for: promoters,
matchmakers, managers, judges, referees, ring announcers, ringside physicians,
timekeepers, boxers, nontraditional fighters, boxers' trainers, boxers' seconds, business
entities filing for a license to participate in the holding of any boxing contest, and officers,
directors, or other persons affiliated with the business entity.
new text end

new text begin Subd. 2. new text end

new text begin Expiration and renewal. new text end

new text begin A license expires December 31 at midnight in
the year of its issuance and may be renewed on filing an application for renewal of a
license with the commission and payment of the license fee required in subdivision 1. An
application for a license and renewal of a license shall be on a form provided by the
commission. There is a 30-day grace period during which a license may be renewed if a
late filing penalty fee equal to the license fee is submitted with the regular license fee.
A licensee that files late shall not conduct any activity regulated by this chapter until the
commission has renewed the license. If the licensee fails to apply to the commission within
the 30-day grace period the licensee must apply for a new license under subdivision 1.
new text end

Sec. 13.

new text begin [341.33] CONTESTANTS AND REFEREES; PHYSICAL
EXAMINATION; ATTENDANCE OF PHYSICIAN; PAYMENT OF FEES;
INSURANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Examination by physician. new text end

new text begin All boxers, nontraditional fighters,
and referees shall be examined by a physician licensed by this state within three hours
before entering the ring, and the examining physician shall immediately file with the
commission a written report of the examination. The physician's examination shall report
on the condition of the boxer's heart and general physical and neurological condition. The
physician's report may record the condition of the boxer's nervous system and brain as
required by the commission. The physician may prohibit the boxer from entering the ring
if, in the physician's professional opinion, it is in the best interest of the boxer's health.
The cost of the examination is payable by the person or entity conducting the contest
or exhibition.
new text end

new text begin Subd. 2. new text end

new text begin Attendance of physician. new text end

new text begin Every person holding or sponsoring any boxing
or nontraditional fighting contest shall have in attendance at every boxing contest a
physician licensed by this state. The commission may establish a schedule of fees to be
paid to each attending physician by the person holding or sponsoring the contest.
new text end

Sec. 14.

new text begin [341.34] INSURANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Required insurance. new text end

new text begin The commission shall:
new text end

new text begin (1) require insurance coverage for a boxer or nontraditional fighter to provide for
medical, surgical, and hospital care for injuries sustained in the ring in an amount of at
least $100,000 with $25 deductible and payable to the boxer or nontraditional fighter
as beneficiary; and
new text end

new text begin (2) require life insurance for a boxer or nontraditional fighter in the amount of at least
$50,000 payable in case of accidental death resulting from injuries sustained in the ring.
new text end

new text begin Subd. 2. new text end

new text begin Payment for insurance. new text end

new text begin The cost of the insurance required by this section
is payable by the promoter.
new text end

Sec. 15.

new text begin [341.35] 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 what is commonly known as a prize fight, or engage in any
public boxing or sparring match, or nontraditional exhibition or contest, with or without
gloves, for any prize, reward or compensation, or for which any admission fee is charged
directly or indirectly, or go into training preparatory for such fight, exhibition, or contest,
or act as a trainer, aider, abettor, backer, umpire, referee, second, surgeon, assistant, or
attendant at such fight, exhibition, or contest, or in any preparation for same, and any
owner or lessee of any ground, building, or structure of any kind permitting the same to
be used for any fight, exhibition, or contest, is guilty of a misdemeanor unless a license
for the holding of the fight, exhibition, or contest has been issued by the commission in
compliance with the rules adopted by it.
new text end

Sec. 16.

new text begin [341.46] GROSS RECEIPTS TAX.
new text end

new text begin The promoter or promoters of all boxing or nontraditional fighting contests, shows,
or exhibitions held under this chapter shall pay to the commissioner of finance, for credit
to the Minnesota Boxing Commission fund, a tax of five percent of the gross receipts
from the contest or exhibition. This section also applies to all boxing, kick boxing, and
nontraditional fighting contests or exhibitions that are simulcast or shown over closed
circuit television and for which a fee is charged for the right to view the event in this state.
new text end

Sec. 17. new text begin APPROPRIATIONS.
new text end

new text begin $....... is appropriated from the general fund to the Minnesota Boxing Commission
for purposes in sections 1 to 16.
new text end

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 16 are effective January 1, 2007.
new text end