2004 Legislation
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HOUSE BILL NO. 770 – Athletic Comm, powers/duties

HOUSE BILL NO. 770

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                      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