HF 4521

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/24/2022 06:43pm

A bill for an act
relating to combative sports; modifying regulation and licensing provisions;
amending Minnesota Statutes 2020, sections 341.21, subdivision 7; 341.221;
341.25; 341.28; 341.30, subdivision 4; 341.32, subdivision 2; 341.321; 341.33;
341.355; proposing coding for new law in Minnesota Statutes, chapter 341.

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

Section 1.

Minnesota Statutes 2020, section 341.21, subdivision 7, is amended to read:

Subd. 7.

Tough person contest.

"Tough person contest," including contests marketed
as tough man or tough woman contests, means a deleted text begin contest of two-minute rounds consisting
of not more than four rounds between two or more individuals who use their hands, or their
feet, or both in any manner. Tough person contest includes kickboxing and other recognized
martial art contest. deleted text end new text begin boxing match or similar contest where each combatant wears headgear
and gloves that weigh at least 12 ounces.
new text end

Sec. 2.

Minnesota Statutes 2020, section 341.221, is amended to read:

341.221 ADVISORY COUNCIL.

(a) The commissioner must appoint a Combative Sports Advisory Council to advise the
commissioner on the administration of duties under this chapter.

(b) The council shall have deleted text begin nine deleted text end new text begin five new text end members appointed by the commissioner. deleted text begin One
member must 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. At least four deleted text end new text begin All five new text end members must have knowledge
of the deleted text begin boxing deleted text end new text begin combative sports new text end industry. deleted text begin At least four members must have knowledge of
the mixed martial arts industry. deleted text end The commissioner shall make serious efforts to appoint
qualified women to serve on the council.

deleted text begin (c) Council members shall serve terms of four years with the terms ending on the first
Monday in January.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The council shall annually elect from its membership a chair.

deleted text begin (e) deleted text end new text begin (d) new text end Meetings shall be convened by the commissioner, or by the chair with the approval
of the commissioner.

deleted text begin (f) The commissioner shall designate two of the members to serve until the first Monday
in January 2013; two members to serve until the first Monday in January 2014; two members
to serve until the first Monday in January 2015; and three members to serve until the first
Monday in January 2016.
deleted text end

new text begin (e) Appointments to the council and the terms of council members shall be governed by
sections 15.059 and 15.0597.
new text end

deleted text begin (g) deleted text end new text begin (f) new text end Removal of members, filling of vacancies, and compensation of members shall
be as provided in section 15.059.

new text begin (g) Meetings convened for the purpose of advising the commissioner on issues related
to a challenge filed under section 341.345 are exempt from the open meeting requirements
of chapter 13D.
new text end

Sec. 3.

Minnesota Statutes 2020, 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 commissioner must adopt unified rules for mixed martial arts contests.

(d) The commissioner may adopt the rules of the Association of Boxing Commissions,
with amendments.

(e) The new text begin most recent version of the new text end Unified Rules of Mixed Martial Arts, as promulgated
by the Association of Boxing Commissions deleted text begin and amended August 2, 2016, deleted text end are 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.

new text begin (f) The most recent version of the Unified Rules of Boxing, as promulgated by the
Association of Boxing Commissions, are incorporated by reference and made a part of this
chapter except as modified 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.
new text end

Sec. 4.

Minnesota Statutes 2020, section 341.28, is amended to read:

341.28 REGULATION OF COMBATIVE SPORT CONTESTS.

Subdivision 1.

Regulatory authority; combative sports.

All combative sport contests
within this state must be conducted according to the requirements of this chapter.

Subd. 1a.

Regulatory authority; new text begin professional new text end boxing contests.

All professional boxing
contests are subject to this chapter. Every combatant in a boxing contest shall wear padded
gloves that weigh at least eight ounces. Officials at all boxing contests must be licensed
under this chapter.

Subd. 2.

Regulatory authority; tough person contests.

All professional and amateur
tough person contests are subject to this chapter. All tough person contests are subject to
deleted text begin Association of Boxing Commissions rules deleted text end new text begin the most recent version of the Unified Rules of
Boxing, as promulgated by the Association of Boxing Commissions new text end . Every contestant in a
tough person contest shall have a physical examination prior to their bouts. Every contestant
in a tough person contest shall wear new text begin headgear and new text end padded gloves that weigh at least 12
ounces. deleted text begin All tough person bouts are limited to two-minute rounds and a maximum of four
total rounds. deleted text end Officials at all tough person contests shall be licensed under this chapter.

Subd. 3.

Regulatory authority; mixed martial arts contests; similar sporting
events.

All professional and amateur mixed martial arts contests deleted text begin , martial arts contests except
amateur contests regulated by the Minnesota State High School League (MSHSL), recognized
martial arts studios and schools in Minnesota, and recognized national martial arts
organizations holding contests between students, ultimate fight contests, and similar sporting
events deleted text end are subject to this chapter and all officials at these events must be licensed under this
chapter.

new text begin Subd. 4. new text end

new text begin Regulatory authority; martial arts and amateur boxing. new text end

new text begin (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.
new text end

new text begin (b) All martial arts and amateur boxing contests must be regulated by the Thai Boxing
Association, International Sports Karate Association, World Kickboxing Association, United
States Muay Thai Association, United States Muay Thai Federation, World Association of
Kickboxing Organizations, International Kickboxing Federation, USA Boxing, or an
organization that governs interscholastic athletics under subdivision 5.
new text end

new text begin (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, it must submit to the commissioner, within 72 hours after the event, a
list of any suspensions resulting from the event.
new text end

new text begin Subd. 5. new text end

new text begin Regulatory authority; certain students. new text end

new text begin Combative sport contests regulated
by the Minnesota State High School League, National Collegiate Athletic Association,
National Junior Collegiate Athletic Association, National Association of Intercollegiate
Athletics, or any similar organization that governs interscholastic athletics are not subject
to this chapter and officials at these events are not required to be licensed under this chapter.
new text end

Sec. 5.

Minnesota Statutes 2020, 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 deleted text begin , a minimum
of six weeks before the combative sport contest is scheduled to occur, deleted text end complete a licensing
application on the Office of Combative Sports website or on forms deleted text begin furnished or approved deleted text end new text begin
prescribed new text end by the commissioner and shall:

deleted text begin (1) provide the commissioner with a copy of any agreement between a combatant and
the applicant that binds the applicant to pay the combatant a certain fixed fee or percentage
of the gate receipts;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end 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;

deleted text begin (3) deleted text end new text begin (2) new text end provide the commissioner with a copy of the latest financial statement of the
applicant;

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

deleted text begin (5) deleted text end new text begin (3) new text end provide proof, where applicable, of authorization to do business in the state of
Minnesota; and

deleted text begin (6) deleted text end new text begin (4) new text end deposit with the commissioner a deleted text begin cash bond or deleted text end 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 deleted text begin a deleted text end current medical deleted text begin examination deleted text end new text begin examinations new text end
on forms deleted text begin furnished or approved deleted text end new text begin prescribed new text end by the commissioner deleted text begin . The medical examination
must include an ophthalmological and neurological examination, and documentation of test
results for HBV, HCV, and HIV, and any other blood test as the commissioner by rule may
require. The ophthalmological examination must be designed to detect any retinal defects
or other damage or condition of the eye that could be aggravated by combative sports. The
neurological examination must include an electroencephalogram or medically superior test
if the combatant has been knocked unconscious in a previous contest. The commissioner
may also order an electroencephalogram or other appropriate neurological or physical
examination before any contest if it determines that the examination is desirable to protect
the health of the combatant. The commissioner shall not issue a license to an applicant
submitting positive test results for HBV, HCV, or HIV; deleted text end new text begin 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 set forth in section 341.33:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

(2) complete a licensing application on the Office of Combative Sports website or on
forms furnished or approved 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 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, three
professional references, or a log of bouts worked.
new text end

new text begin (d) 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.
new text end

Sec. 6.

Minnesota Statutes 2020, section 341.32, subdivision 2, is amended to read:

Subd. 2.

Expiration and application.

Licenses expire annually on deleted text begin December 31 deleted text end new text begin June
30 new text end . A license may be applied for each year by filing an application for licensure and satisfying
all licensure requirements established in section 341.30, and submitting payment of the
license fees established in section 341.321. An application for a license and renewal of a
license must be on a form provided by the commissioner. new text begin Any license received or renewed
in the year 2022 shall be valid until June 30, 2023.
new text end

Sec. 7.

Minnesota Statutes 2020, 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, $80;

(5) timekeepers, $25;

(6) professional combatants, $70;

(7) amateur combatants, $50; and

(8) ringside physicians, $25.

deleted text begin License fees for promoters are due at least six weeks prior to the combative sport contest. deleted text end
All deleted text begin other deleted text end license fees shall be paid no later than the weigh-in prior to the contest. No license
may be issued until all prelicensure requirements new text begin outlined in section 341.30 new text end are satisfied
and fees are paid.

(b) deleted text begin The commissioner shall establish a contest fee for each combative sport contest and
shall consider the size and type of venue when establishing a contest fee. The deleted text end new text begin A promoter
or event organizer of an event regulated by the Department of Labor and Industry must pay,
per event, a new text end combative sport contest fee deleted text begin is deleted text end new text begin of new text end $1,500 deleted text begin per event deleted text end or deleted text begin not more than deleted text end four percent
of the gross ticket sales, whichever is greater deleted text begin , as determined by the commissioner when the
combative sport contest is scheduled deleted text end . new text begin The fee must be paid as follows:
new text end

deleted text begin (c) A professional or amateur combative sport contest fee is nonrefundable and shall be
paid as follows:
deleted text end

(1) $500 deleted text begin at the time deleted text end new text begin is due when new text end the combative sport contest is scheduled; deleted text begin and
deleted text end

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

new text begin (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
new text end

new text begin (4) the face value of all complimentary tickets distributed for an event, to the extent they
exceed 15 percent of total event attendance, count toward gross tickets sales for the purposes
of determining a combative sport contest fee.
new text end

deleted text begin If four percent of the gross ticket sales is greater than $1,500, the balance is due to the
commissioner within seven days of the completed contest.
deleted text end

deleted text begin (d) The commissioner may establish the maximum number of complimentary tickets
allowed for each event by rule.
deleted text end

deleted text begin (e) deleted text end new text begin (c) 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.

new text begin [341.322] PAYMENT SCHEDULE.
new text end

new text begin The commissioner may establish a schedule of fees to be paid by a promoter to referees,
judges and knockdown judges, timekeepers, and ringside physicians.
new text end

Sec. 9.

new text begin [341.323] EVENT APPROVAL.
new text end

new text begin Subdivision 1. new text end

new text begin Preapproval documentation. new text end

new text begin Before the commissioner approves a
combative sport contest, the promoter shall:
new text end

new text begin (1) provide the commissioner, at least six weeks before the combative sport contest is
scheduled to occur, information about the time, date, and location of the contest;
new text end

new text begin (2) provide the commissioner, at least 72 hours before the combative sport contest is
scheduled to occur, with a copy of any agreement between a combatant and the promoter
that binds the promoter to pay the combatant a certain fixed fee or percentage of the gate
receipts;
new text end

new text begin (3) provide the commissioner, at least 72 hours before the combative sport contest is
scheduled to occur, with a copy or other proof acceptable to the commissioner of the
insurance contract or policy required by this chapter; and
new text end

new text begin (4) provide the commissioner, at least 72 hours before the combative sport contest is
scheduled to occur, proof acceptable to the commissioner that the promoter will provide,
at the cost of the promoter, at least one uniformed security guard or uniformed off-duty
member of law enforcement to provide security at any event regulated by the Department
of Labor and Industry. The commissioner may require a promoter to take additional security
measures to ensure the safety of participants and spectators at an event.
new text end

new text begin Subd. 2. new text end

new text begin Proper licensure. new text end

new text begin Before the commissioner approves a combative sport contest,
the commissioner must ensure that the promoter is properly licensed under this chapter.
The promoter must maintain proper licensure from the time the promoter schedules a
combative sport contest through the date of the contest.
new text end

new text begin Subd. 3. new text end

new text begin Discretion. new text end

new text begin Nothing in this section limits the commissioner's discretion in
deciding whether to approve a combative sport contest or event.
new text end

Sec. 10.

new text begin [341.324] AMBULANCE.
new text end

new text begin A promoter must ensure, at the cost of the promoter, that an ambulance and two
emergency medical technicians are on the premises during a combative sport contest.
new text end

Sec. 11.

Minnesota Statutes 2020, section 341.33, is amended to read:

341.33 PHYSICAL EXAMINATION REQUIRED; FEES.

Subdivision 1.

Examination by physician.

All combatants must be examined by a
physician licensed by this state within 36 hours before entering the ring, and the examining
physician shall immediately file with the commissioner a written report of the examination.
new text begin Each female combatant shall take and submit a negative pregnancy test as part of the
examination. new text end The physician's examination may report on the condition of the combatant's
heart and general physical and general neurological condition. The physician's report may
record the condition of the combatant's nervous system and brain as required by the
commissioner. The physician may prohibit the combatant from entering the ring if, in the
physician's professional opinion, it is in the best interest of the combatant's health. The cost
of the examination is payable by the promoter conducting the contest or exhibition.

Subd. 2.

Attendance of physician.

A promoter holding or sponsoring a combative sport
contest shall have in attendance a physician licensed by deleted text begin this deleted text end new text begin the new text end state new text begin of Minnesota new text end . deleted text begin The
commissioner may establish a schedule of fees to be paid to each attending physician by
the promoter holding or sponsoring the contest.
deleted text end

Sec. 12.

new text begin [341.345] CHALLENGING THE OUTCOME OF A COMBATIVE SPORT
CONTEST.
new text end

new text begin Subdivision 1. new text end

new text begin Challenge. new text end

new text begin (a) If a combatant disagrees with the outcome of a combative
sport contest regulated by the Department of Labor and Industry in which the combatant
participated, the combatant may challenge the outcome.
new text end

new text begin (b) If a third party makes a challenge on behalf of a combatant, the third party must
provide written confirmation that they are authorized to make the challenge on behalf of
the combatant. The written confirmation must contain the combatant's signature and must
be submitted with the challenge.
new text end

new text begin Subd. 2. new text end

new text begin Form. new text end

new text begin A challenge must be submitted on a form prescribed by the commissioner,
set forth all relevant facts and the basis for the challenge, and state what remedy is being
sought. A combatant may submit photos, videos, documents, or any other evidence the
combatant would like the commissioner to consider in connection to the challenge. A
combatant may challenge the outcome of a contest only if it is alleged that:
new text end

new text begin (1) the referee made an incorrect call or missed a rule violation that directly affected the
outcome of the contest;
new text end

new text begin (2) there was collusion amongst officials to affect the outcome of the contest; or
new text end

new text begin (3) scores were miscalculated.
new text end

new text begin Subd. 3. new text end

new text begin Timing. new text end

new text begin (a) A challenge must be submitted within ten days of the contest.
new text end

new text begin (b) For purposes of this subdivision, the day of the contest shall not count toward the
ten-day period. If the tenth day falls on a Saturday, Sunday, or legal holiday, then a combatant
shall have until the next day that is not a Saturday, Sunday, or legal holiday to submit a
challenge.
new text end

new text begin (c) The challenge must be submitted to the commissioner at the address, fax number, or
e-mail address designated on the commissioner's website. The date on which a challenge
is submitted by mail shall be the postmark date on the envelope in which the challenge is
mailed. If the challenge is faxed or e-mailed, it must be received by the commissioner by
4:30 p.m. central time on the day the challenge is due.
new text end

new text begin Subd. 4. new text end

new text begin Opponent's response. new text end

new text begin If the requirements of subdivisions 1 to 3 are met, the
commissioner shall send a complete copy of the challenge documents, along with any
supporting materials submitted, to the opposing combatant by mail, fax, or e-mail. The
opposing combatant shall have 14 days from the date the commissioner sends the challenge
and supporting materials to submit a response to the commissioner. Additional response
time is not added when the commissioner sends the challenge to the opposing combatant
by mail. The opposing combatant may submit photos, videos, documents, or any other
evidence the opposing combatant would like the commissioner to consider in connection
to the challenge. The response must be submitted to the commissioner at the address, fax
number, or e-mail address designated on the commissioner's website. The date on which a
response is submitted by mail shall be the postmark date on the envelope in which the
response is mailed. If the response is faxed or e-mailed, it must be received by the
commissioner by 4:30 p.m. central time on the day the response is due.
new text end

new text begin Subd. 5. new text end

new text begin Licensed official review. new text end

new text begin The commissioner may, if the commissioner
determines it would be helpful in resolving the issues raised in the challenge, send a complete
copy of the challenge or response, along with any supporting materials submitted, to any
licensed official involved in the combative sport contest at issue by mail, fax, or e-mail and
request their views on the issues raised in the challenge.
new text end

new text begin Subd. 6. new text end

new text begin Order. new text end

new text begin The commissioner shall issue an order on the challenge within 60 days
after receiving the opposing combatant's response. If the opposing combatant does not
submit a response, the commissioner shall issue an order on the challenge within 75 days
after receiving the challenge.
new text end

new text begin Subd. 7. new text end

new text begin Nonacceptance. new text end

new text begin If the requirements of subdivisions 1 to 3 are not met, the
commissioner must not accept the challenge and may send correspondence to the person
who submitted the challenge stating the reasons for nonacceptance of the challenge. A
combatant has no further appeal rights if the combatant's challenge is not accepted by the
commissioner.
new text end

new text begin Subd. 8. new text end

new text begin Administrative hearing. new text end

new text begin After the commissioner issues an order under
subdivision 6, each combatant, under section 326B.082, subdivision 8, has 30 days after
service of the order to submit a request for hearing before an administrative law judge.
new text end

Sec. 13.

Minnesota Statutes 2020, 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. new text begin The commissioner may also impose these penalties against a person
who has violated section 341.28, subdivision 4, paragraphs (b) and (c).
new text end