View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0770.....................................................by APPROPRIATIONS
ATHLETIC COMMISSION - Amends, adds to and repeals existing law relating to
the powers and duties of the State Athletic Commission; to increase the
compensation; to further define terms; to authorize appointment of deputy
state athletic commissioners and official inspectors and specify their
duties; to authorize a sanctioning permit and specify duties of the
commission regarding sanctioning permits and exemptions from the
requirements; to govern the time required between contests; to specify bond
requirements for promoters; to specify issues to be considered before
issuance of a license or sanctioning permit; to require a gross receipts
report; to specify the contents of the gross receipts report; to provide
for the Athletic Commission Fund; to provide limits on the rounds and bouts
and clarify the weight of gloves; to provide requirements for the
examination of contestants' physical condition; to govern the annual
licenses; to specify violations and penalties; to prohibit certain acts and
provide penalties; to require emergency medical equipment and personnel;
and to govern requirements for security.
02/26 House intro - 1st rdg - to printing
02/27 Rpt prt - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 63-4-3
AYES -- Andersen, Barraclough, Barrett, Bedke, Bell, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,
Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,
Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Trail(Bennett), Wood, Mr. Speaker
NAYS -- Bauer, Bayer, Kulczyk, Moyle
Absent and excused -- Crow, Gagner, Wills
Floor Sponsor - Bolz
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to St Aff
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Bunderson
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
04/02 Governor signed
Session Law Chapter 385
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 770
BY APPROPRIATIONS COMMITTEE
1 AN ACT
2 RELATING TO THE POWERS AND DUTIES OF THE STATE ATHLETIC COMMISSION; REPEALING
3 SECTIONS 54-411, 54-419 AND 54-422, IDAHO CODE; AMENDING SECTION 54-401,
4 IDAHO CODE, TO INCREASE COMPENSATION; AMENDING SECTION 54-402, IDAHO CODE,
5 TO FURTHER DEFINE TERMS; AMENDING SECTION 54-403, IDAHO CODE, TO AUTHORIZE
6 APPOINTMENT OF DEPUTY STATE ATHLETIC COMMISSIONERS AND OFFICIAL INSPECTORS
7 AND TO SPECIFY THEIR DUTIES; AMENDING SECTION 54-405, IDAHO CODE, TO
8 AUTHORIZE A SANCTIONING PERMIT; AMENDING SECTION 54-406, IDAHO CODE, TO
9 SPECIFY DUTIES OF THE COMMISSION REGARDING SANCTIONING PERMITS AND TO
10 SPECIFY EXEMPTIONS FROM THE REQUIREMENTS; AMENDING CHAPTER 4, TITLE 54,
11 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-407, IDAHO CODE, TO GOVERN
12 THE TIME REQUIRED BETWEEN CONTESTS; AMENDING SECTION 54-407, IDAHO CODE,
13 TO REDESIGNATE THE SECTION AND TO SPECIFY BOND REQUIREMENTS FOR PROMOTERS;
14 AMENDING CHAPTER 4, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
15 54-409, IDAHO CODE, TO SPECIFY ISSUES TO BE CONSIDERED BEFORE ISSUANCE OF
16 A LICENSE OR SANCTIONING PERMIT; AMENDING SECTION 54-408, IDAHO CODE, TO
17 REDESIGNATE THE SECTION AND TO PROVIDE REFERENCE TO A SANCTIONING PERMIT;
18 AMENDING SECTION 54-409, IDAHO CODE, TO REDESIGNATE THE SECTION, TO
19 REQUIRE A GROSS RECEIPTS REPORT, TO SPECIFY THE CONTENTS OF THE REPORT AND
20 TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 4, TITLE 54, IDAHO CODE,
21 BY THE ADDITION OF A NEW SECTION 54-412, IDAHO CODE, TO CREATE THE STATE
22 ATHLETIC COMMISSION FUND; AMENDING SECTION 54-410, IDAHO CODE, TO REDESIG-
23 NATE THE SECTION, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS;
24 AMENDING SECTION 54-412, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PRO-
25 VIDE LIMITS ON THE ROUNDS AND BOUTS AND TO CLARIFY THE WEIGHT OF GLOVES;
26 AMENDING SECTION 54-413, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
27 PROVIDE REQUIREMENTS FOR THE EXAMINATION OF CONTESTANTS' PHYSICAL CONDI-
28 TION; AMENDING SECTION 54-414, IDAHO CODE, TO REDESIGNATE THE SECTION AND
29 TO REVISE TERMINOLOGY IN REFERENCE TO REQUIREMENTS FOR ANNUAL LICENSES;
30 AMENDING SECTION 54-415, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
31 REVISE TERMINOLOGY; AMENDING SECTION 54-416, IDAHO CODE, TO REDESIGNATE
32 THE SECTION AND TO REVISE TERMINOLOGY RELATING TO VIOLATIONS AND PENAL-
33 TIES; AMENDING SECTION 54-417, IDAHO CODE, TO REDESIGNATE THE SECTION AND
34 TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-418, IDAHO CODE, TO
35 REDESIGNATE THE SECTION, TO PROHIBIT CERTAIN ACTS AND TO PROVIDE PENAL-
36 TIES; AMENDING SECTION 54-420, IDAHO CODE, TO REDESIGNATE THE SECTION AND
37 TO REQUIRE EMERGENCY MEDICAL EQUIPMENT AND PERSONNEL; AND AMENDING SECTION
38 54-421, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE TERMINOLOGY
39 RELATED TO REQUIREMENTS FOR SECURITY.
40 Be It Enacted by the Legislature of the State of Idaho:
41 SECTION 1. That Sections 54-411, 54-419 and 54-422, Idaho Code, be, and
42 the same are hereby repealed.
43 SECTION 2. That Section 54-401, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 54-401. STATE ATHLETIC COMMISSION. There is hereby created and estab-
3 lished the state athletic commission in the department of self-governing agen-
4 cies. The state athletic commission shall be administered by the state ath-
5 letic commissioner who shall be appointed by the governor subject to confir-
6 mation by the senate and shall be subject to removal at the pleasure of the
7 governor. The state athletic commissioner shall be appointed for a term of
8 four (4) years and shall receive such compensation not to exceed that provided
9 in section 59-509(fh), Idaho Code.
10 SECTION 3. That Section 54-402, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 54-402. DEFINITIONS. (1) The terms used iIn this chapter have the fol-
13 lowing meanings:
14 (a) "Amateur" means an individual who has never been a professional boxer
15 or professional wrestler, as defined in this chapter, as well as an indi-
16 vidual who has never received nor competed for any purse or other article
17 of value, either for participating in any boxing contest or exhibition or
18 for the expenses of training therefor, other than a noncash prize which
19 does not exceed fifty dollars ($50.00) in value.
20 (b) "Applicant" means any individual, club, association, corporation,
21 partnership, trust or other business entity which submits an application
22 to the athletic commission for a license or permit pursuant to this chap-
23 ter.
24 (c) "Booking agent" means persons who act as bookers, agents, agencies
25 and representatives who secure engagements and contracts for boxers.
26 (1d) "Boxing" means the pugilistic act of attack and defense with the
27 fists, practiced as a sport. The term includes all variations of the sport
28 permitting or using other parts of the human body to deliver blows upon an
29 opponent including, but not limited to, the foot, knee, leg, elbow or
30 head. "Boxing" includes, but is not limited to, sumo, judo, kickboxing and
31 karate in addition to fisticuff martial arts but does not include profes-
32 sional wrestling.
33 (2) "Commission" means the athletic commission.
34 (e) "Broadcast" means any audio or visual transmission sent by any means
35 of signal within, into, or from this state, whether live or taped or time
36 delayed, and includes any replays thereof.
37 (f) "Closed-circuit telecast" means any telecast of professional boxing
38 contests, professional boxing exhibitions or professional wrestling exhi-
39 bitions which is not intended to be available for viewing without the pay-
40 ment of a fee, collected or based upon each telecast viewed, or for the
41 privilege of viewing the telecast.
42 (g) "Club" means an incorporated or unincorporated association or body of
43 individuals voluntarily united and acting together for some common or spe-
44 cial purpose.
45 (h) "College" and/or "univerity" means:
46 (i) An educational institution of higher learning that typically
47 grants associate's, bachelor's, master's or doctorate degrees;
48 (ii) A division or school of a university; and
49 (iii) As used in this chapter, also includes educational institutions
50 known as junior colleges, community colleges and professional-
51 technical schools.
52 (i) "Commission" means the state athletic commission.
3
1 (j) "Commissioner" means the state athletic commissioner.
2 (k) "Contest" means a match in which the participants strive earnestly in
3 good faith to win.
4 (l) "Contestant" means an individual who takes part as a competitor in a
5 boxing contest, boxing exhibition or wrestling exhibition.
6 (m) "Corner person" means, but shall not be limited to, a trainer, a sec-
7 ond, or any other individual who attends the contestant during a match.
8 (n) "Exhibition" means an engagement in which the participants show or
9 display their skill without necessarily striving to win, such as a
10 wrestling match between professional wrestlers or boxing match where con-
11 testants are sparring.
12 (o) "Judge" means an individual other than a referee who shall have a
13 vote in determining the winner of any contest.
14 (p) "Kickboxing" means any form of competitive pugilistic professional
15 contest or professional exhibition in which blows are delivered with the
16 hand and any part of the foot.
17 (q) "License" means a certificate issued by the commission to partici-
18 pants of sanctioned professional contests and exhibitions or amateur con-
19 tests and exhibitions which are not exempt from regulation under section
20 54-406(2), Idaho Code, which is required for participation in such events.
21 (r) "Licensee" means a person who has been issued a license by the com-
22 mission.
23 (s) "Manager" means a person who controls or administers the affairs of
24 any professional contestant. The term "manager" includes a person acting
25 as a booking agent or a person acting as the representative of a manager.
26 (t) "Martial arts" means any form of karate, kung fu, tae kwon-do, sumo,
27 judo or any other system or form of combat or self-defense art.
28 (u) "Matchmaker" means a person who brings together or induces profes-
29 sional boxing or wrestling contestants to participate in contests or exhi-
30 bitions or a person who arranges professional contests or professional
31 exhibitions.
32 (v) "Participant" means any person who is required by this chapter to be
33 licensed by the commission in connection with taking part in or being
34 associated with a boxing contest, boxing exhibition or wrestling exhibi-
35 tion.
36 (w) "Person" means any individual, partnership, limited liability com-
37 pany, club, association, corporation, organization, secondary school, col-
38 lege, university, trust or other legal entity.
39 (x) "Physician" means an individual licensed under the laws of this state
40 to engage in the general practice of medicine or osteopathic medicine.
41 (y) "Professional boxer" means an individual eighteen (18) years of age
42 or older who participates as a contestant in a boxing event for money,
43 prizes, or purses, or who teaches, instructs, or assists in the practice
44 of boxing or sparring as a means of obtaining pecuniary gain.
45 (z) "Professional contest and professional exhibition" means any boxing
46 match or wrestling exhibition conducted within this state involving pro-
47 fessional boxing or wrestling contestants.
48 (aa) "Professional wrestler" means an individual eighteen (18) years of
49 age or older who participates as a contestant in a wrestling exhibition
50 for money, prizes, or purses, or who teaches, instructs, or assists in
51 wrestling exhibitions as a means of obtaining pecuniary gain.
52 (bb) "Professional wrestling" means an activity, other than boxing, in
53 which contestants struggle hand-to-hand primarily for the purpose of pro-
54 viding entertainment to spectators and which does not comprise a bona fide
55 athletic contest or competition.
4
1 (3cc) "Promoter" means any person and in the case of a corporation,
2 including an owner, officer, partner, member, director, employee or share-
3 holder thereof, who produces, arranges or stages any professional
4 wrestling exhibition, or any professional boxing contest or exhibition, or
5 any amateur boxing contest or exhibition which is not exempt from regula-
6 tion pursuant to section 54-406(2), Idaho Code.
7 (dd) "Pugilistic" means an act related to the skill or practice of fight-
8 ing with the fists.
9 (ee) "Purse" means the financial guarantee or any other remuneration or
10 thing of value for which a person participates in a professional boxing
11 contest, professional boxing exhibition or professional wrestling exhibi-
12 tion.
13 (ff) "Ring official" means any individual who performs an official func-
14 tion during the progress of a regulated boxing contest or a regulated box-
15 ing or wrestling exhibition including, but not limited to, timekeepers,
16 judges, referees and attending physicians.
17 (gg) "Sanctioning permit" means a license issued by the commission to a
18 promoter which authorizes the holding of boxing contests, boxing exhibi-
19 tions or professional wrestling exhibitions.
20 (hh) "Secondary school" shall mean a school which, for operational pur-
21 poses, is organized and administered on the basis of grades seven (7)
22 through twelve (12), inclusive, or any combination thereof.
23 (ii) "Sparring" means to engage in a form of boxing with jabbing or
24 feinting movements, and the exchange of few heavy blows, such as occurs in
25 a practice or exhibition boxing match.
26 (jj) "Trainer" means an individual who assists, coaches or instructs any
27 boxer or wrestler with respect to physical conditioning, strategy, tech-
28 niques or preparation for competition in boxing contests, boxing exhibi-
29 tions or professional wrestling exhibitions which are not exempt from reg-
30 ulation pursuant to section 54-406(2), Idaho Code.
31 (2) To the extent the commission deems pertinent, any specialized term
32 not otherwise defined in this chapter may be defined by rule.
33 SECTION 4. That Section 54-403, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 54-403. OFFICERS, EMPLOYEES, INSPECTORS. (1) The commission may employ
36 and fix the compensation of such officers, employees and inspectors as may be
37 necessary to administer the provisions of this chapter.
38 (2) The commissioner may appoint up to five (5) deputy state athletic
39 commissioners who shall be assigned such duties and given such authority as
40 designated by the commissioner. Deputy commissioners shall serve at the dis-
41 cretion of the commissioner and may be appointed for a term not to exceed the
42 tenure of the commissioner. Deputy commissioners shall be entitled to compen-
43 sation as provided in section 59-509(b), Idaho Code.
44 (3) The commission may appoint official inspectors at least one (1) of
45 whom, in the absence of the commissioner or a deputy commissioner, shall be
46 present at any boxing contest or boxing exhibition held under the provisions
47 of this chapter and may be present at any wrestling exhibition. Such inspec-
48 tors shall carry a card signed by the state athletic commissioner evidencing
49 their authority. It shall be their duty to see that all rules of the commis-
50 sion and the provisions of this chapter are strictly complied with and to be
51 present at the accounting of the gross receipts of any contest or exhibition,
52 and such inspector is authorized to receive from the licensee conducting the
53 contest or exhibition the statement of gross receipts herein provided for and
5
1 to immediately transmit such reports to the commission. Each inspector shall
2 receive a fee from the licensee to be set by the commission for each contest
3 or exhibition officially attended and, in addition, each inspector shall be
4 compensated by the commission in accordance with section 59-509(b), Idaho
5 Code.
6 SECTION 5. That Section 54-405, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 54-405. LICENSES SANCTIONING PERMIT FOR BOXING, SPARRING AND WRESTLING
9 EVENTS -- TELECASTS. The commission shall have power to issue and for cause to
10 revoke a license any sanctioning permit to conduct boxing contests, sparring
11 matches boxing exhibitions, or wrestling shows or exhibitions, including a
12 simultaneous telecast of any live, current or spontaneous boxing, sparring
13 contests, boxing exhibitions or wrestling match or performance exhibitions on
14 a closed circuit telecast within this state, whether originating in this state
15 or elsewhere, and for which a charge is made, as herein provided under such
16 terms and conditions and at such times and places as the commission may deter-
17 mine. Such license permit shall entitle the holder thereof to conduct boxing
18 contests and sparring and/ boxing exhibitions or wrestling matches and exhibi-
19 tions under such terms and conditions and at such times and places as the com-
20 mission may determine. In case the commission shall refuse to grant a license
21 permit to any applicant, or shall cancel any license permit, such applicant,
22 or the holder of such canceled license permit shall be entitled, upon appli-
23 cation, to a hearing to be held not less than sixty (60) days after the filing
24 of such order at such place as the commission may designate; provided however,
25 that it has been found by a valid finding and such finding is fully set forth
26 in the order, that the applicant or licensee permittee has been guilty of any
27 felony or of disobeying any provision of this chapter, such hearing shall be
28 denied.
29 SECTION 6. That Section 54-406, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 54-406. DUTIES OF COMMISSION -- SANCTIONING PERMITS -- LICENSING --
32 EXEMPTIONS -- MEDICAL CERTIFICATION. (1) The commission shall have power, and
33 it shall be its duty, to direct, supervise and control all boxing contests,
34 sparring matches boxing exhibitions and wrestling shows or exhibitions con-
35 ducted within the state and no such boxing contest, sparring match boxing
36 exhibitions, or wrestling show or exhibition shall be held or given within
37 this state except in accordance with the provisions of this chapter. The com-
38 mission may, in its discretion, issue and for cause revoke a license
39 sanctioning permits to conduct, hold or give boxing and sparring contests,
40 boxing exhibitions and wrestling shows and exhibitions where an admission fee
41 is charged by any club, corporation person, organization, association or fra-
42 ternal society; provided, however, that. The commission may also, in its dis-
43 cretion, issue and for cause revoke licenses for participants of sanctioned
44 contests and exhibitions.
45 (2) Specifically exempt from the provisions of this chapter are all box-
46 ing contests, sparring boxing exhibitions or wrestling matches or exhibitions
47 which:
48 (1a) Are contests or exhibitions conducted by any secondary school, col-
49 lege or university, whether public or private, or by the official student
50 association thereof, whether on or off the school, college or university
51 grounds, where all the participating contestants are bona fide students
6
1 enrolled in any secondary school, college or university, within or without
2 this state; or
3 (2b) Are entirely amateur events promoted on a nonprofit basis or for
4 charitable purposes contests or exhibitions, in which all contestants are
5 amateurs, which have been sanctioned as amateur athletic events by any of
6 the following associations:
7 (i) United States amateur boxing, inc., also known as USA boxing,
8 inc.;
9 (ii) Amateur athletic union of United States, inc., also known as
10 the national amateur athletic union, the amateur athletic union and
11 the AAU;
12 (iii) Any other entity that the commission approves as an officially
13 recognized amateur boxing or other amateur athletic sanctioning
14 authority; or
15 (3c) Are athletic contests or exhibitions held under the auspices or
16 sanction of an established nonprofit secondary school activities organiza-
17 tion or of its public or nonprofit accredited secondary school members, or
18 held under a higher education the auspices or sanction of an established
19 college or university activities organization or its public or not-for-
20 profit accredited higher education college or university members;
21 (d) Are contests or exhibitions conducted by any military installation or
22 branch of the United States armed forces, or the state national guard,
23 where the participants are employed by the military installation, are mem-
24 bers of the branch of the armed forces, or the state national guard unit
25 conducting the contest or exhibition.
26 (3) shall not be subject to the provisions of this chapter. Provided,
27 further, that every contestant in any boxing contest or sparring match boxing
28 exhibition or wrestling exhibition not conducted under the provisions of this
29 chapter, prior to engaging in and conducting such contest or match exhibition,
30 shall be examined by a licensed physician at least once in each calendar year,
31 or where such contest is conducted by a secondary school, college or univer-
32 sity or organization as further described in this section, once in each aca-
33 demic year in which instance the physician shall also designate the maximum
34 and minimum weights at which the contestant shall be medically certified to
35 participate. Provided further, that no contestant shall be permitted to par-
36 ticipate in any such boxing contest, sparring boxing exhibitions or wrestling
37 match or exhibition in any weight classification other than that or those for
38 which he is certificated. Provided further, that the exempted organizations
39 shall be governed by the provisions of section 54-4124, Idaho Code, as that
40 section applies to boxing contests, or sparring matches boxing exhibitions or
41 wrestling exhibitions conducted by organizations persons exempted in this sec-
42 tion from the general provisions of this chapter. No boxing contest, sparring
43 match boxing exhibition or wrestling show or exhibition shall be conducted
44 within this state except pursuant to a license issued in accordance with the
45 provisions of this chapter and the rules and regulations of the commission
46 except as hereinabove provided.
47 SECTION 7. That Chapter 4, Title 54, Idaho Code, be, and the same is
48 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
49 ignated as Section 54-407, Idaho Code, and to read as follows:
50 54-407. TIME BETWEEN BOXING CONTESTS. (1) In no case may a boxing contes-
51 tant participate in more than one (1) boxing contest or exhibition in any
52 twenty-four (24) hour period.
53 (2) Without the special permission of the commission, a boxing contestant
7
1 may not compete in a boxing contest or exhibition in this state unless:
2 (a) Four (4) days have elapsed since his last contest if the contest
3 lasted for no more than four (4) rounds.
4 (b) Seven (7) days have elapsed since his last contest if the contest
5 lasted five (5) or six (6) rounds.
6 (c) Fourteen (14) days have elapsed since his last contest if the contest
7 lasted nine (9) or ten (10) rounds.
8 (d) Twenty-one (21) days have elapsed since his last contest if the con-
9 test lasted nine (9) or ten (10) rounds.
10 (e) Forty-five (45) days have elapsed since his last contest if the con-
11 test lasted eleven (11) or twelve (12) rounds.
12 (f) Sixty (60) days have elapsed since his last contest if the contest
13 lasted thirteen (13) or more rounds.
14 SECTION 8. That Section 54-407, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 54-4078. PROMOTERS -- BOND -- MEDICAL INSURANCE. (1) Every boxing pro-
17 moter, as a condition for receiving a license, shall file a good and suffi-
18 cient bond in an amount determined by the commission with the commission, con-
19 ditioned upon the faithful performance by such licensee of the provisions of
20 this chapter, the payment of the taxes, officials, and contracts as provided
21 for herein and the observance of all rules and regulations of the commission,
22 which bond shall be subject to the approval of the attorney general Before any
23 sanctioning permit is issued to any promoter to conduct or hold a boxing con-
24 test, boxing exhibition or wrestling exhibition which is not exempt from regu-
25 lation pursuant to section 54-406(2), Idaho Code, the applicant shall file
26 with the commission a bond payable to the state of Idaho in an amount deter-
27 mined by the commission, executed by the applicant and a surety company or
28 companies authorized to do business in this state, and conditioned upon the
29 faithful performance by the promoter, which shall include, but not be limited
30 to, the cancellation of a boxing contest, boxing exhibition or wrestling exhi-
31 bition without good cause as determined by the commission once the event has
32 been approved by the commission.
33 (2) Every promoter of a wrestling exhibition or closed circuit telecast
34 as a condition of receiving a license as provided for under this chapter shall
35 file a good and sufficient bond in an amount determined by the commission with
36 the commission conditioned upon the faithful performance by such licensee of
37 the provisions of this chapter, the payment of the taxes and officials pro-
38 vided for herein and the observance of all rules and regulations of the com-
39 mission, which bond shall be subject to the approval of the attorney general
40 The bond required under this section shall guarantee the payment of all taxes,
41 fees, fines and other moneys due and payable pursuant to the provisions of
42 this chapter and the rules of the commission including, but not limited to,
43 the payment of purses to the participants, other than the promoter, any con-
44 tributions for required insurance, pensions, disability and medical examina-
45 tions, the repayment to ticketholders of purchased tickets, the payment of
46 fees to ring officials and physicians and, in the event of the cancellation of
47 a boxing contest, boxing exhibition or wrestling exhibition approved by the
48 commission without good cause, an amount determined by the commission.
49 (3) After issuance of a sanctioning permit to a promoter, the commission
50 may modify the amount of bond required to ensure adequate and sufficient cov-
51 erage for payment of taxes, fees, fines, purses, and other moneys due and pay-
52 able pursuant to the provisions of this section. Failure of any promoter to
53 secure a modified bond required pursuant to this subsection within such period
8
1 of time as the commission may prescribe, shall be grounds for revocation of
2 the sanctioning permit of such promoter.
3 (4) All bond proceeds collected pursuant to the provisions of this sec-
4 tion shall be deposited in the state treasury to the credit of the state ath-
5 letic commission fund.
6 (5) Boxing and wrestling promoters must obtain health insurance to cover
7 any injuries incurred by participants, other than the promoter, at the time of
8 the event.
9 SECTION 9. That Chapter 4, Title 54, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 54-409, Idaho Code, and to read as follows:
12 54-409. CONSIDERATIONS BEFORE ISSUANCE OF LICENSE OR SANCTIONING PERMIT.
13 Before issuing any license or sanctioning permit, the commission shall con-
14 sider the following in order of importance:
15 (1) The preservation of the safety and health of the contestants;
16 (2) The best interest and welfare of the public; and
17 (3) The best interest of the sport in general.
18 SECTION 10. That Section 54-408, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 54-40810. ISSUANCE OF A LICENSE OR SANCTIONING PERMIT. Upon the approval
21 by the commission of any application for a license or sanctioning permit, as
22 hereinabove provided, and the filing of the bond the commission shall forth-
23 with issue such license or sanctioning permit.
24 SECTION 11. That Section 54-409, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 54-40911. STATEMENT AND REPORT OF EVENT -- TAX ON GROSS RECEIPTS. (1) Any
27 promoter as herein provided shall, within seven (7) days prior to the holding
28 of any boxing contest or sparring match or exhibition, file with the commis-
29 sion a statement setting forth the name of each licensee contestant, his man-
30 ager or managers and such other information as the commission may require. Any
31 promoter shall, within seven (7) days before holding any wrestling exhibition,
32 or show, file with the commission a statement setting forth the name of each
33 contestant, his manager or managers and such other information as the commis-
34 sion may require. Participant changes within a twenty-four (24) hour period
35 regarding a wrestling exhibition or show may be allowed after notice to the
36 commission, if the new participant holds a valid license under this chapter.
37 Upon Within seventy-two (72) hours after the termination of any contest or
38 exhibition the promoter shall file with the designated commission representa-
39 tive a written gross receipts report, duly verified as the commission may
40 require showing the number of tickets sold for such contest, the price charged
41 for such tickets and the gross proceeds receipts thereof, and such other and
42 further information as the commission may require. The promoter shall pay to
43 the commission at the time of filing the above report a tax equal to five per
44 cent percent (5%) of the gross receipts and the five per cent (5%) of the
45 gross receipts shall be paid within twenty-four (24) hours by the commission
46 into the state athletic commission account which is hereby created in the ded-
47 icated fund of the state treasury. Moneys in the account may be expended pur-
48 suant to appropriation and shall be utilized by the commission to administer
49 the provisions of this chapter. All moneys in the state athletic fund as of
9
1 June 30, 1992, are hereby transferred and deposited in the state athletic com-
2 mission account on July 1, 1992 for deposit by the commission.
3 (2) The number of complimentary tickets shall be limited to two per cent
4 percent (2%) of the total tickets sold per event location. All complimentary
5 tickets exceeding this set amount shall be subject to taxation.
6 (3) Gross receipts reports signed under oath shall also include:
7 (a) The name of the promoter;
8 (b) The boxing contest, boxing exhibition or wrestling exhibition
9 sanctioning permit number;
10 (c) The promoter's business address and any license or sanctioning permit
11 number required of such promoter by law;
12 (d) Gross receipts as specified by this section, during the period speci-
13 fied by this section; and
14 (e) Such further information as the commission may require to enable it
15 to compute correctly and collect the assessment levied pursuant to this
16 section.
17 (4) In addition to the information required on gross receipts reports,
18 the commission may request, and the promoter shall furnish, any information
19 deemed necessary for a correct computation of the assessment levied pursuant
20 to this section.
21 (5) All levies pursuant to this section shall be collected by the commis-
22 sion and shall be deposited in the state treasury to the credit of the state
23 athletic commission fund.
24 (6) The moneys collected from the assessment levied pursuant to the pro-
25 visions of this section shall be in addition to all other revenues and funds
26 received by the state athletic commission.
27 (7) The promoter shall compute and pay to the commission the required
28 assessment due. If the payment of the assessment is not postmarked or deliv-
29 ered to the commission as specified in subsection (1) of this section, the
30 assessment shall be delinquent from such date.
31 (8) It shall be the duty of every promoter required to make a gross
32 receipts report and pay any assessment pursuant to the provisions of this sec-
33 tion to keep and preserve suitable records and documents which may be neces-
34 sary to determine the amount of assessment due as will substantiate and prove
35 the accuracy of such reports. All such records shall be preserved for a period
36 of three (3) years, unless the commission, in writing, has authorized their
37 destruction or disposal at an earlier date, and shall be open to examination
38 at any time by the commission or by its authorized agents.
39 SECTION 12. That Chapter 4, Title 54, Idaho Code, be, and the same is
40 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
41 ignated as Section 54-412, Idaho Code, and to read as follows:
42 54-412. STATE ATHLETIC COMMISSION FUND. The "State Athletic Commission
43 Fund" is a dedicated fund created, effective July 1, 1992, in the state trea-
44 sury in the name of the commission. Moneys in the fund may be expended pursu-
45 ant to appropriation and shall be utilized by the commission to administer the
46 provisions of this chapter.
47 SECTION 13. That Section 54-410, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 54-4103. SIMULTANEOUS OR CLOSED CIRCUIT TELECASTS -- REPORT -- TAX ON
50 GROSS RECEIPTS. Every licensee who charges and receives an admission fee for
51 exhibiting a simultaneous telecast of any live, current or spontaneous boxing
10
1 or sparring match contest, boxing exhibition or wrestling exhibition or show
2 on a closed circuit telecast viewed within this state shall, within seventy-
3 two (72) hours after such event, furnish to the commission a verified written
4 gross receipts report on a form which is supplied by the commission showing
5 the number or of tickets issued or sold, and the gross receipts therefor with-
6 out any deductions whatsoever. Such licensee shall also, at the same time pay
7 to the commission a tax equal to five per cent percent (5%) of such gross
8 receipts paid for admission to the showing of the contest, match or exhibi-
9 tion. In no event, however, shall the tax be less than twenty-five dollars
10 ($25.00). The tax shall apply uniformly at the same rate to all persons sub-
11 ject to the tax. Such receipts shall be paid within twenty-four (24) hours by
12 the commission into the state athletic commission account fund.
13 SECTION 14. That Section 54-412, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 54-4124. BOXING ROUNDS AND BOUTS LIMITED -- WEIGHT OF GLOVES. No boxing
16 contest or sparring boxing exhibition held in this state whether under the
17 provisions of this chapter or otherwise shall be for more than ten (10)
18 rounds. and n Each round in a contest or exhibition shall be scheduled to last
19 for the same length of time. No one (1) round of any such boxing contest or
20 exhibition shall be scheduled for less than or longer than three (3) minutes
21 and there shall be not less than one (1) minute intermission between each
22 round. In the event of bouts involving a state or regional championship, the
23 commission may grant an extension of no more than two (2) additional rounds to
24 allow total bouts of twelve (12) rounds, and in bouts involving a national or
25 world championship the commission may grant an extension of no more than five
26 (5) additional rounds to allow total bouts of fifteen (15) rounds. No contes-
27 tant participant in any boxing contest or sparring match or boxing exhibition
28 shall be permitted to wear gloves weighing less than eight (8) ounces each;
29 provided, however, that no contestants participants weighing more than one
30 hundred sixty-five forty-seven (16547) pounds or more shall be permitted to
31 wear gloves weighing less than ten (10) ounces each. The commission shall pro-
32 mulgate rules and regulations to assure clean and sportsmanlike conduct on the
33 part of all contestants participants and officials, and the proper and orderly
34 conduct of the contest or exhibition in all respects, and to otherwise make
35 rules and regulations consistent with this chapter, but such rules and regula-
36 tions shall apply only to contests or exhibitions held under the provisions of
37 this chapter.
38 SECTION 15. That Section 54-413, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 54-4135. PHYSICIAN'S ATTENDANCE -- EXAMINATION OF CONTESTANTS. Each con-
41 testant for a boxing contest or sparring boxing exhibition shall be examined
42 within eight (8) hours prior to the contest or exhibition by a competent phy-
43 sician appointed by the commission. The physician shall forthwith and before
44 such contest or exhibition report in writing and over his signature the physi-
45 cal condition of each and every contestant to the commissioner, deputy commis-
46 sioner or inspector present at such contest. No contestant whose physical con-
47 dition is not approved by the examining physician shall be permitted to par-
48 ticipate in any contest. Blank forms of physicians' reports shall be provided
49 by the commission and all questions upon such blanks shall be answered in
50 full. The examining physician shall be paid a fee designated by the commission
51 by the promoter conducting such match or exhibition. At the discretion of tThe
11
1 commission may have a participant in a wrestling exhibition or show prior to a
2 wrestling exhibition, the commission may require a contestant to be examined
3 by a physician appointed by the commission. prior to the exhibition or show. A
4 participant in a wrestling exhibition or show whose condition is not approved
5 by the examining physician shall not be permitted to participate in the exhi-
6 bition or show No contestant whose physical condition is not approved by the
7 examining physician shall be permitted to participate in any contest or exhi-
8 bition. The promoter conducting such contest or exhibition shall pay the exam-
9 ining physician a fee in the amount designated by the commission. No boxing
10 contest, sparring match boxing exhibition or wrestling exhibition shall be
11 held unless a licensed physician of appointed by the commission or his duly
12 appointed representative is present throughout the contest or exhibition. The
13 commission may require that a physician be present at a wrestling exhibition
14 or show. Any The promoter shall pay the fees, in the amount designated by the
15 commission, of the physician who is required to be present at a boxing con-
16 test, boxing exhibition or wrestling show or exhibition. shall be paid for by
17 the promoter.
18 Any practicing physician The commission may be selected by the commission
19 any practicing physician as the examining or attending physician. The physi-
20 cian present at the contest or exhibition shall have the authority to stop any
21 contest or exhibition when in the physician's opinion it would be dangerous to
22 for a contestant to continue.
23 SECTION 16. That Section 54-414, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 54-4146. ANNUAL LICENSES -- FEES -- REVOCATION. (1) The commission may
26 grant annual licenses in compliance with the rules and regulations prescribed
27 by the commission, and the payment of the fees, the amount of which is to be
28 determined by the commission upon application, prescribed to promoters, man-
29 agers, referees booking agents, matchmakers, ring officials, boxers,
30 wrestlers, and seconds corner persons; provided, that the provisions of this
31 section shall not apply to contestants or participants other persons who may
32 participate in strictly amateur contests and/or fraternal organizations and/or
33 veterans organizations chartered by congress or the defense department or any
34 bona fide athletic club which is a member of an association of the amateur
35 athletic union of the United States, holding and promoting athletic contests
36 and where all funds are used primarily for the benefit of their members or
37 exhibitions which are exempted from the provisions of this chapter pursuant to
38 section 54-406(2), Idaho Code.
39 (2) Any such license may be revoked by the commission for any cause which
40 it shall deem sufficient.
41 (3) No person shall participate or serve in any of the above capacities
42 unless licensed as provided in this chapter.
43 (4) The referee ring officials for any boxing contest shall be designated
44 by the commission from among such the active pool of licensed referees or
45 appointed ring officials.
46 (5) The referee ring officials for any wrestling exhibition or show shall
47 be provided by the promoter and licensed by the commission.
48 (6) All fees collected pursuant to this section shall be deposited in the
49 state athletic commission account created in section 54-409, Idaho Code fund.
50 SECTION 17. That Section 54-415, Idaho Code, be, and the same is hereby
51 amended to read as follows:
12
1 54-4157. PARTICIPATION IN PURSE -- CONDUCTING SHAM BOXING EVENTS -- FOR-
2 FEITURE OF LICENSE. Any person or any member of any group of persons or corpo-
3 ration promoting boxing exhibitions or contests who shall directly or indi-
4 rectly participate in the purse or fee of any manager of any boxers or any
5 boxer and any licensee who shall conduct or participate in any sham or fake
6 boxing contest or sparring match or exhibition shall thereby forfeit its his
7 license and the commission shall declare the license canceled and void and the
8 licensee shall not thereafter be entitled to receive another such license, or
9 any license issued pursuant to the provisions of this chapter.
10 SECTION 18. That Section 54-416, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 54-4168. VIOLATION OF RULES -- SHAM BOXING EVENTS -- PENALTIES. Any con-
13 testant participant or licensee who shall participate in any sham or fake box-
14 ing contest, match or exhibition and any licensee or participant who violates
15 any rule or regulation of the commission shall be penalized in the following
16 manner. For the first offense he shall be restrained by order of the commis-
17 sion for a period of not less than three (3) months from participating in any
18 contest event held under the provisions of this chapter, such suspension to
19 take effect immediately after the occurrence of the offense, for any second
20 offense such contestant participant or licensee shall be forever suspended for
21 from participation in any contest event under the provisions of this chapter.
22 SECTION 19. That Section 54-417, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 54-4179. FAILURE TO MAKE REPORTS -- ADDITIONAL TAX -- NOTICE -- PENALTY
25 FOR DELINQUENCY. Whenever any licensee shall fail to make a report of any con-
26 test or exhibition within the time prescribed in this chapter or when such
27 report is unsatisfactory to the commission, the commissioner or his designee
28 shall examine the books and records of such licensee; he may subpoena and
29 examine under oath any officer of such licensee and such other person or per-
30 sons as he may deem necessary to a determination of the total gross receipts
31 from any contest or exhibition and the amount of tax thereon. If, upon the
32 completion of such examination it shall be determined that an additional tax
33 is due, notice thereof shall be served upon the licensee, and if such licensee
34 shall fail to pay such additional tax within twenty (20) days after service of
35 such notice the delinquent licensee shall forfeit its his license and shall
36 forever be disqualified from receiving any new license and in addition
37 thereto, such licensee and the members thereof shall be jointly and severally
38 liable to this state in the penal sum of ten thousand dollars ($10,000) to be
39 collected by the attorney general by civil action in the name of the state in
40 the manner provided by law. All moneys collected pursuant to the provisions of
41 this section shall be remitted to the state athletic commission account fund.
42 SECTION 20. That Section 54-418, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 54-41820. PENALTY FOR CONDUCTING EVENTS WITHOUT LICENSE PROHIBITIONS --
45 PENALTIES -- INJUNCTIONS. (1) Any person, club, corporation, organization,
46 association, fraternal society, participant or promoter conducting or partici-
47 pating in boxing contests, sparring matches boxing exhibitions or wrestling
48 shows or exhibitions within this state without first having obtained a license
49 or sanctioning permit therefor in the manner provided in this chapter is in
13
1 violation of the provisions of this chapter, excepting such contests excluded
2 from the operation of the provisions of this chapter in section 54-406(2),
3 Idaho Code. The attorney general, each prosecuting attorney, the commission,
4 or any citizen of any county where any person, club, corporation, organiza-
5 tion, association, fraternal society, promoter, or participant shall threaten
6 to hold or, appears likely to hold or participate in athletic contests or
7 exhibitions in violation of the provisions of this chapter, may in accordance
8 with the laws of this state governing injunctions, enjoin such person, club,
9 corporation, organization, association, fraternal society, promoter, or par-
10 ticipant from holding or participating in such contest or exhibition.
11 (2) It is unlawful for any promoter or person associated with or employed
12 by any promoter to destroy any ticket or ticket stub, whether sold or unsold,
13 within three (3) months after the date of any contest or exhibition.
14 (3) The striking of any individual who is not a licensed contestant in
15 that particular boxing contest, boxing exhibition or wrestling exhibition
16 shall constitute grounds for suspension, revocation or both of a license
17 issued pursuant to the provisions of this chapter.
18 (4) Any person violating any of the provisions of this chapter or the
19 rules of the commission for which no penalty is otherwise herein provided,
20 upon conviction, shall be guilty of a misdemeanor and shall be punished by the
21 imposition of a fine of not more than one thousand dollars ($1,000) or by
22 incarceration in the county jail for not more than thirty (30) days or by both
23 such fine and incarceration. The commission shall suspend or revoke the
24 license of any person convicted of violating the provisions of this chapter
25 and the rules of the commission.
26 (5) In addition to other penalties provided by law if, after a hearing in
27 accordance with the provisions of this chapter and the rules of the commis-
28 sion, the commission shall find any person to be in violation of any of the
29 provisions of this chapter, such person may be subject to an administrative
30 penalty equal to the greater of five hundred dollars ($500) or one percent
31 (1%) of gross receipts received for each violation. Each day a person is in
32 violation of the provisions of this chapter and the rules of the commission
33 may constitute a separate violation. All administrative penalties collected
34 pursuant to the provisions of this subsection shall be deposited in the state
35 treasury to the credit of the state athletic commission fund. Upon the request
36 of the commission, the attorney general may institute action to enforce the
37 administrative penalties imposed pursuant to this subsection in the district
38 court for Ada county.
39 (6) Upon the request of the commission, the county prosecutor in the
40 county where a violation has occurred or is about to occur may make applica-
41 tion to the district court in the county for an order enjoining the acts or
42 practices prohibited by the provisions of this chapter and the rules of the
43 commission, and upon a showing that the person has engaged or is about to
44 engage in any of the prohibited acts or practices, an injunction, restraining
45 order, or other order as may be appropriate shall be granted by the court.
46 SECTION 21. That Section 54-420, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 54-4201. EMERGENCY MEDICAL EMERGENCIES EQUIPMENT AND PERSONNEL. A pro-
49 moter shall have an ambulance or paramedical unit with appropriate resuscita-
50 tion equipment continuously present at the arena event site during the perfor-
51 mance of all boxing contests, boxing exhibitions and wrestling exhibitions in
52 case a serious injury occurs. unless an ambulance or paramedical unit is
53 located within five (5) miles of the arena and that unit is on call for such
14
1 an occurrence.
2 SECTION 22. That Section 54-421, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 54-4212. SECURITY -- PROMOTER'S RESPONSIBILITY. A promoter shall ensure
5 that adequate security personnel are in attendance present at a wrestling
6 exhibition or boxing contest, boxing exhibition or wrestling exhibition to
7 control the crowd or audience in attendance. The size of the security force
8 shall be determined by mutual agreement of the promoter, the person in charge
9 of operating the arena event site or other facility and the commission.
STATEMENT OF PURPOSE
RS 14176
This bill clarifies authority of the Idaho Athletic Commission
which is responsible for the oversight of professional boxing,
professional wrestling, and other similar events. This clarification in
law became apparent upon the 2002 death of an Idahoan in an event that
operated outside of Athletic Commission and approved amateur sanctioned
authority.
This bill does not prohibit any boxing or wrestling-type events.
Rather, it provides for the regulation of all fight contests according
to the same guidelines that apply to professional bouts, unless bouts
are conducted under the sanction of an approved amateur boxing or
martial arts sanctioning authority. While these regulations will not
eliminate the dangers which are inherent in these types of events,
these safeguards will help reduce the likelihood that a contestant will
suffer serious injury or death.
FISCAL IMPACT
There is no impact to the General Fund. This bill is essentially
a housekeeping bill in that it clarifies definitions, remedies internal
statutory inconsistencies, and codifies the regulation of all fight
contests, including so called "toughman" types of elimination fighting
events.
Contact
Name: Senator Bunderson
Representative Bolz
Representative Boe
Representative Langhorst
Phone: 322-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 770