2007 Legislation
Print Friendly

HOUSE BILL NO. 110 – Athletic Comm, misc revisions

HOUSE BILL NO. 110

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0110...........................................................by BUSINESS
ATHLETIC COMMISSION - Amends existing law to provide for an honorarium for
the State Athletic Commissioner; to revise definitions; to revise
provisions relating to agents, employees and inspectors, to provide
reference to commission agents; to remove language relating to seals of the
commission; to reference kickboxing and martial arts contests and
exhibitions; to revise powers and duties of the commission; to revise
exemptions; to provide for the deposit of bond proceeds; to revise
provisions relating to a statement and report of an event; to provide for
the deposit of levies; to provide for the deposit and distribution of fees;
to revise provisions applicable to a physician's attendance at contests or
exhibitions and the examination of contests; to provide that certain
persons shall forfeit any licenses issued; to provide for the forfeiture of
licenses and actions to collect; to provide for the deposit of moneys
collected; and to provide for the deposit of penalties.
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Bus
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Edmunson, Stevenson
    Floor Sponsor - Durst
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to St Aff
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Bastian
    Floor Sponsor - Little
    Title apvd - to House
03/16    To enrol - Rpt enrol - Sp signed
03/19    Pres signed - To Governor
03/22    Governor signed
         Session Law Chapter 149
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 110
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE ATHLETIC  COMMISSION;  AMENDING  SECTION  54-401,  IDAHO
  3        CODE,  TO  PROVIDE  FOR AN HONORARIUM FOR THE STATE ATHLETIC COMMISSIONER;
  4        AMENDING SECTION 54-402, IDAHO CODE,  TO  REVISE  DEFINITIONS  AND  DEFINE
  5        TERMS; AMENDING SECTION 54-403, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE
  6        AND  TO  REVISE PROVISIONS RELATING TO AGENTS, EMPLOYEES AND INSPECTORS OF
  7        THE COMMISSION; AMENDING SECTION 54-404, IDAHO CODE, TO REVISE DESCRIPTIVE
  8        LANGUAGE, TO REFERENCE COMMISSION AGENTS AND TO REMOVE  LANGUAGE  RELATING
  9        TO SEALS OF THE COMMISSION; AMENDING SECTION 54-405, IDAHO CODE, TO REVISE
 10        DESCRIPTIVE LANGUAGE AND TO REFERENCE KICKBOXING AND MARTIAL ARTS CONTESTS
 11        AND EXHIBITIONS; AMENDING SECTION 54-406, IDAHO CODE, TO REVISE POWERS AND
 12        DUTIES  OF  THE  COMMISSION  AND  TO  REVISE  EXEMPTIONS; AMENDING SECTION
 13        54-408, IDAHO CODE, TO PROVIDE FOR APPLICABILITY TO ALL CONTESTS OR  EXHI-
 14        BITIONS, TO REVISE A CODE REFERENCE AND TO PROVIDE FOR BOND PROCEEDS TO BE
 15        DEPOSITED  INTO  THE  OCCUPATIONAL LICENSES FUND; AMENDING SECTION 54-411,
 16        IDAHO CODE, TO REVISE PROVISIONS RELATING TO A STATEMENT AND REPORT OF  AN
 17        EVENT  AND  TO  PROVIDE  FOR  LEVIES TO BE DEPOSITED INTO THE OCCUPATIONAL
 18        LICENSES FUND; AMENDING SECTION 54-412, IDAHO CODE, TO REVISE  DESCRIPTIVE
 19        LANGUAGE AND TO PROVIDE FOR THE DEPOSIT AND DISTRIBUTION OF FEES; AMENDING
 20        SECTION  54-413,  IDAHO CODE, TO PROVIDE FOR APPLICABILITY TO ALL CONTESTS
 21        OR EXHIBITIONS AND TO REMOVE LANGUAGE REGARDING THE  PAYMENT  OF  RECEIPTS
 22        INTO  THE  STATE  ATHLETIC COMMISSION FUND; AMENDING SECTION 54-415, IDAHO
 23        CODE, TO REVISE PROVISIONS APPLICABLE TO A PHYSICIAN'S ATTENDANCE AT  CON-
 24        TESTS  OR EXHIBITIONS AND THE EXAMINATION OF CONTESTANTS; AMENDING SECTION
 25        54-416, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE,  TO  PROVIDE  FOR
 26        APPLICABILITY TO ALL CONTESTS OR EXHIBITIONS, TO REMOVE LANGUAGE REGARDING
 27        THE DEPOSIT OF FEES INTO THE STATE ATHLETIC COMMISSION FUND; AMENDING SEC-
 28        TION 54-417, IDAHO CODE, TO PROVIDE THAT CERTAIN PERSONS SHALL FORFEIT ANY
 29        LICENSES  ISSUED  PURSUANT  TO THE CHAPTER; AMENDING SECTION 54-419, IDAHO
 30        CODE, TO REFER TO THE COMMISSION'S AGENT, TO MAKE GRAMMATICAL CHANGES,  TO
 31        PROVIDE  FOR THE FORFEITURE OF LICENSES AND ACTIONS TO COLLECT AND TO PRO-
 32        VIDE FOR THE DEPOSIT OF MONEYS COLLECTED INTO  THE  OCCUPATIONAL  LICENSES
 33        FUND;  AMENDING  SECTION  54-420,  IDAHO CODE, TO REFERENCE KICKBOXING AND
 34        MARTIAL ARTS CONTESTS OR EXHIBITIONS, TO REVISE A CODE REFERENCE, TO  REF-
 35        ERENCE  THE COMMISSION'S AGENT AND TO PROVIDE FOR THE DEPOSIT OF PENALTIES
 36        INTO THE OCCUPATIONAL LICENSES FUND.
                                                                        
 37    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 38        SECTION 1.  That Section 54-401, Idaho Code, be, and the  same  is  hereby
 39    amended to read as follows:
                                                                        
 40        54-401.  STATE  ATHLETIC  COMMISSION.  There  is hereby created and estab-
 41    lished the state athletic commission in the department of self-governing agen-
 42    cies. The state athletic commission shall be administered by  the  state  ath-
 43    letic commissioner who shall be appointed by the governor subject to confirma-
                                                                        
                                       2
                                                                        
  1    tion by the senate and shall be subject to removal at the pleasure of the gov-
  2    ernor.  The  state athletic commissioner shall be appointed for a term of four
  3    (4) years and shall receive compensation an honorarium not to exceed that pro-
  4    vided in section 59-509(hp), Idaho Code.
                                                                        
  5        SECTION 2.  That Section 54-402, Idaho Code, be, and the  same  is  hereby
  6    amended to read as follows:
                                                                        
  7        54-402.  DEFINITIONS.  (1) The terms used in this chapter have the follow-
  8    ing meanings:
  9        (a)  "Amateur" means an individual  who  has  never  been  a  professional
 10        boxer,   kickboxer, martial artist or professional wrestler, as defined in
 11        this chapter, as well as an individual who has never received nor competed
 12        for any purse or other article of value, either for participating  in  any
 13        boxing  contest  or  exhibition  of  unarmed combat or for the expenses of
 14        training therefor, other than a noncash prize which does not exceed  fifty
 15        dollars ($50.00) in value.
 16        (b)  "Applicant"  means  any  individual,  club, association, corporation,
 17        partnership, trust or other business entity which submits  an  application
 18        to  the athletic commission for a license or permit pursuant to this chap-
 19        ter.
 20        (c)  "Booking agent" means persons who act as  bookers,  agents,  agencies
 21        and representatives who secure engagements and contracts for boxers.
 22        (d)  "Boxing"  means  the  pugilistic  act  of attack and defense with the
 23        fists, practiced as a sport. The term includes all variations of the sport
 24        permitting or using other parts of the human body to deliver blows upon an
 25        opponent including, but not limited to, the  foot,  knee,  leg,  elbow  or
 26        head.  "Boxing"  includes,  but  is not limited to, kickboxing and martial
 27        arts but does not include professional wrestling.
 28        (e)  "Broadcast" means any audio or visual transmission sent by any  means
 29        of  signal within, into, or from this state, whether live or taped or time
 30        delayed, and includes any replays thereof.
 31        (f)  "Bureau" means the Idaho bureau of occupational licenses.
 32        (g)  "Closed-circuit telecast" means any telecast of  professional  boxing
 33        contests,  professional boxing exhibitions or professional wrestling exhi-
 34        bitions which is not intended to be available for viewing without the pay-
 35        ment of a fee, collected or based upon each telecast viewed,  or  for  the
 36        privilege of viewing the telecast.
 37        (gh)  "Club"  means  an incorporated or unincorporated association or body
 38        of individuals voluntarily united and acting together for some  common  or
 39        special purpose.
 40        (hi)  "College" and/or "univerity" "university" means:
 41             (i)   An  educational  institution  of higher learning that typically
 42             grants associate's, bachelor's, master's or doctorate degrees;
 43             (ii)  A division or school of a university; and
 44             (iii) As used in this chapter, also includes educational institutions
 45             known  as  junior  colleges,  community  colleges  and  professional-
 46             technical schools.
 47        (ij)  "Commission" means the state athletic commission.
 48        (jk)  "Commissioner" means the state athletic commissioner.
 49        (kl)  "Contest" means a match in which the participants  strive  earnestly
 50        in good faith to win.
 51        (lm)  "Contestant" means an individual who takes part as a competitor in a
 52        boxing contest, boxing exhibition or wrestling exhibition.
 53        (mn)  "Corner  person"  means,  but  shall not be limited to, a trainer, a
                                                                        
                                       3
                                                                        
  1        second, or any other individual who attends the contestant during a match.
  2        (no)  "Exhibition" means an engagement in which the participants  show  or
  3        display  their  skill  without  necessarily  striving  to  win,  such as a
  4        wrestling match between professional wrestlers or boxing match where  con-
  5        testants are sparring.
  6        (op)  "Judge"  means  an  individual other than a referee who shall have a
  7        vote in determining the winner of any contest.
  8        (pq)  "Kickboxing" means any form of competitive pugilistic   professional
  9        contest  or  professional exhibition in which blows are delivered with the
 10        hand and any part of the foot.
 11        (qr)  "License" means a certificate issued by the commission  to  partici-
 12        pants  of sanctioned professional contests and exhibitions or amateur con-
 13        tests and exhibitions which are not exempt from regulation  under  section
 14        54-406(23),  Idaho  Code,  which  is  required  for  participation in such
 15        events.
 16        (rs)  "Licensee" means a person who has been issued a license by the  com-
 17        mission.
 18        (st)  "Manager"  means a person who controls or administers the affairs of
 19        any professional contestant. The term "manager" includes a  person  acting
 20        as a booking agent or a person acting as the representative of a manager.
 21        (tu)  "Martial  arts"  means any form of karate, kung fu, tae kwon-do kwon
 22        do, sumo, judo or any other system or form of combat or self-defense art.
 23        (uv)  "Matchmaker" means a person who brings together or  induces  profes-
 24        sional boxing or wrestling contestants regulated by the commission to par-
 25        ticipate  in contests or exhibitions regulated by the commission or a per-
 26        son who arranges professional contests or professional  exhibitions  regu-
 27        lated by the commission.
 28        (vw)  "Participant" means any person who is required by this chapter to be
 29        licensed  by  the  commission  in  connection with taking part in or being
 30        associated with a boxing contest, boxing exhibition or  wrestling  exhibi-
 31        tion regulated by the commission.
 32        (wx)  "Person"  means  any individual, partnership, limited liability com-
 33        pany, club, association, corporation, organization, secondary school, col-
 34        lege, university, trust or other legal entity.
 35        (xy)  "Physician" means an individual licensed  under  the  laws  of  this
 36        state  to  engage in the general practice of medicine or osteopathic medi-
 37        cine.
 38        (yz)  "Professional boxer" means an individual eighteen (18) years of  age
 39        or  older  who  participates  as a contestant in a boxing event for money,
 40        prizes, or purses, or who teaches, instructs, or assists in  the  practice
 41        of boxing or sparring as a means of obtaining pecuniary gain.
 42        (zaa) "Professional  contest and professional exhibition" means any boxing
 43        match or wrestling exhibition conducted within this state  involving  pro-
 44        fessional boxing or wrestling contestants.
 45        (aabb) "Professional  wrestler" means an individual eighteen (18) years of
 46        age or older who participates as a contestant in  a  wrestling  exhibition
 47        for  money,  prizes,  or  purses, or who teaches, instructs, or assists in
 48        wrestling exhibitions as a means of obtaining pecuniary gain.
 49        (bbcc) "Professional wrestling" means an activity, other than  boxing,  in
 50        which  contestants struggle hand-to-hand primarily for the purpose of pro-
 51        viding entertainment to spectators and which does not comprise a bona fide
 52        athletic contest or competition.
 53        (ccdd) "Promoter" means any person including an owner,  officer,  partner,
 54        member,  director, employee or shareholder thereof, who produces, arranges
 55        or stages any professional wrestling exhibition, any  professional  boxing
                                                                        
                                       4
                                                                        
  1        contest  or  exhibition, or any amateur boxing contest or exhibition which
  2        is not exempt from regulation pursuant to section 54-406(23), Idaho Code.
  3        (ddee) "Pugilistic" means an act related  to  the  skill  or  practice  of
  4        fighting with the fists.
  5        (eeff) "Purse" means the financial guarantee or any  other remuneration or
  6        thing  of  value  for which a person participates in a professional boxing
  7        contest, professional boxing exhibition or professional wrestling  exhibi-
  8        tion.
  9        (ffgg) "Ring official" means any individual who performs an official func-
 10        tion during the progress of a regulated boxing contest or a regulated box-
 11        ing  or  wrestling  exhibition including, but not limited to, timekeepers,
 12        judges, referees and attending physicians.
 13        (gghh) "Sanctioning permit" means a license issued by the commission to  a
 14        promoter which authorizes the holding of boxing contests, boxing and exhi-
 15        bitions,  kickboxing  contests  and exhibitions, martial arts contests and
 16        exhibitions or professional wrestling contests and exhibitions.
 17        (hhii) "Secondary school" shall mean a school which, for operational  pur-
 18        poses,  is  organized  and  administered  on the basis of grades seven (7)
 19        through twelve (12), inclusive, or any combination thereof.
 20        (iijj) "Sparring" means to engage in a form  of  boxing  with  jabbing  or
 21        feinting movements, and the exchange of few heavy blows, such as occurs in
 22        a practice or exhibition boxing match.
 23        (jjkk) "Trainer" means an individual who assists, coaches or instructs any
 24        boxer or wrestler unarmed combatant with respect to physical conditioning,
 25        strategy,  techniques  or  preparation for competition in boxing contests,
 26        boxing exhibitions or professional wrestling  exhibitions  which  are  not
 27        exempt from regulation pursuant to section 54-406(23), Idaho Code.
 28        (ll) "Unarmed  combat"  means  a  fight  or contest between individuals or
 29        groups without the use of weapons other than the natural appurtenances  of
 30        the human body.
 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 3.  That Section 54-403, Idaho Code, be, and the  same  is  hereby
 34    amended to read as follows:
                                                                        
 35        54-403.  OFFICERS  AGENTS,  EMPLOYEES,  AND INSPECTORS. (1) The commission
 36    may shall contract with the bureau of occupational  licenses  to  act  as  the
 37    board's  agent and employ and fix the compensation of such officers, employees
 38    and inspectors as may be necessary to  provide  the  required  administrative,
 39    investigative,  legal  and fiscal services and otherwise administer the provi-
 40    sions of this chapter.
 41        (2)  The commissioner may appoint up to five  (5)  deputy  state  athletic
 42    commissioners  who  shall  be assigned such duties and given such authority as
 43    designated by the commissioner. Deputy commissioners shall serve at  the  dis-
 44    cretion  of the commissioner and may be appointed for a term not to exceed the
 45    tenure of the commissioner. Deputy commissioners shall be entitled to  compen-
 46    sation an honorarium as provided in section 59-509(bn), Idaho Code.
 47        (3)  The  commission may appoint official inspectors at least No less than
 48    one (1) of whom, in the absence of the commissioner or a deputy  commissioner,
 49    or  agent  of  the commission shall be present at any boxing contest or boxing
 50    exhibition held under the provisions of this chapter. and may  be  present  at
 51    any  wrestling exhibition. Such inspectors agents shall carry a card signed by
 52    the state  athletic  commissioner  official  identification  evidencing  their
 53    authority.  It shall be their duty to see that all rules of the commission and
                                                                        
                                       5
                                                                        
  1    the provisions of this chapter are strictly complied with and to be present at
  2    the accounting of the gross receipts of  any contest or exhibition,  and  such
  3    inspector agent is authorized to receive from the licensee conducting the con-
  4    test  or exhibition the statement of gross receipts herein provided for and to
  5    immediately transmit such reports to  the  commission.  Each  inspector  shall
  6    receive  a  fee from the licensee to be set by the commission for each contest
  7    or exhibition officially attended and, in addition, each  inspector  shall  be
  8    compensated  by  the  commission  in  accordance with section 59-509(b), Idaho
  9    Code.
                                                                        
 10        SECTION 4.  That Section 54-404, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        54-404.  RECORDS -- SEAL -- OATHS -- COMPULSORY PROCESS. The commission or
 13    its agent shall keep full and correct minutes of its transactions and proceed-
 14    ings,  which  shall  at all times be open to public inspection. The commission
 15    shall adopt and procure a seal and all processes or certificates issued by  it
 16    shall  be  attested  under  such  seal. Copies of the record of the commission
 17    shall be certified by the secretary and attested with the seal of the  commis-
 18    sion. Any employee of the commission officially designated by the commissioner
 19    agent  of  the commission shall have the power to administer oaths in all mat-
 20    ters pertaining to or concerning the proceedings of the official duties of the
 21    commission. The commission shall have power to summon witnesses to appear  and
 22    testify  on  any matter deemed material to the proper discharge of its duties.
 23    Such summons shall be served in like manner as a subpoena issued  out  of  the
 24    district  court  and  shall be served by the sheriff of the proper county, and
 25    such service returned by him to the commission without compensation.
                                                                        
 26        SECTION 5.  That Section 54-405, Idaho Code, be, and the  same  is  hereby
 27    amended to read as follows:
                                                                        
 28        54-405.  SANCTIONING  PERMIT  FOR  BOXING,  KICKBOXING,  MARTIAL  ARTS AND
 29    WRESTLING EVENTS -- TELECASTS. The commission shall have power  to  issue  and
 30    for  cause to revoke any sanctioning permit to conduct boxing contests, boxing
 31    and exhibitions, kickboxing contests and exhibitions,  martial  arts  contests
 32    and  exhibitions,  or wrestling contests and exhibitions, including a simulta-
 33    neous telecast of any live, current or  spontaneous  boxing  contests,  boxing
 34    exhibitions  or  wrestling and exhibitions on a closed circuit telecast within
 35    this state, whether originating in this state or elsewhere, and  for  which  a
 36    charge is made, as herein provided under such terms and conditions and at such
 37    times  and  places  as the commission may determine. Such permit shall entitle
 38    the holder thereof to  conduct  boxing  contests  and  boxing  exhibitions  or
 39    wrestling  exhibitions  under  such terms and conditions and at such times and
 40    places as the commission may determine. In case the commission shall refuse to
 41    grant a permit to any applicant, or shall cancel any permit,  such  applicant,
 42    or  the holder of such canceled permit shall be entitled, upon application, to
 43    a hearing to be held not less than sixty (60) days after the  filing  of  such
 44    order at such place as the commission may designate; provided however, that it
 45    has  been  found by a valid finding and such finding is fully set forth in the
 46    order, that the applicant or permittee has been guilty of  any  felony  or  of
 47    disobeying any provision of this chapter, such hearing shall be denied.
                                                                        
 48        SECTION  6.  That  Section  54-406, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
                                       6
                                                                        
  1        54-406.  DUTIES OF COMMISSION  --  SANCTIONING  PERMITS  --  LICENSING  --
  2    EXEMPTIONS  -- MEDICAL CERTIFICATION. (1) The commission shall have power, and
  3    it shall be its duty, to direct, supervise and control  all  boxing  contests,
  4    boxing and exhibitions, kickboxing contests and exhibitions, martial arts con-
  5    tests and exhibitions, and wrestling contests and exhibitions conducted within
  6    the state and no such boxing contest, boxing exhibitions, or wrestling exhibi-
  7    tion  shall  be  held or given within this state except in accordance with the
  8    provisions of this chapter. The commission has authority  to  adopt  rules  to
  9    implement  the  provisions of this chapter and to implement each of the duties
 10    and responsibilities conferred upon the commission including, but not  limited
 11    to:
 12        (a)  Development  of an ethical code of conduct for commissioners, commis-
 13        sion staff and commission officials;
 14        (b)  Facility and safety requirements relating to the ring, floor plan and
 15        apron seating, emergency medical equipment and services, and other  equip-
 16        ment and services necessary for the conduct of a program of matches;
 17        (c)  Requirements  regarding a participant's apparel, bandages, handwraps,
 18        gloves, mouthpiece and appearance during a match;
 19        (d)  Requirements relating to a  manager's  participation,  presence,  and
 20        conduct during a match;
 21        (e)  Duties and responsibilities of all licensees under this chapter;
 22        (f)  Procedures for hearings and resolution of disputes;
 23        (g)  Qualifications for appointment of referees and judges;
 24        (h)  Designation and duties of a knockdown timekeeper;
 25        (i)  Setting  fee and reimbursement schedules for referees and other offi-
 26        cials appointed by the commission or the representative of the commission;
 27        and
 28        (j)  Establishment of criteria for approval,  disapproval,  suspension  of
 29        approval,  and revocation of approval of amateur sanctioning organizations
 30        for amateur boxing and kickboxing matches held in  this  state  including,
 31        but  not limited to, the health and safety standards the organizations use
 32        before, during and after the matches to  ensure  the  health,  safety  and
 33        well-being  of  the  amateurs  participating in the matches, including the
 34        qualifications and numbers of health care personnel required to  be  pres-
 35        ent,  the  qualifications  required  for  referees, and other requirements
 36        relating to the health, safety and well-being of the amateurs  participat-
 37        ing  in  the  matches. The commission may adopt by rule, or incorporate by
 38        reference into rule, the health and safety standards of United States ama-
 39        teur boxing, inc., as the minimum health and safety standards for an  ama-
 40        teur  boxing sanctioning organization, and the health and safety standards
 41        of the international amateur kickboxing sport association as  the  minimum
 42        health  and safety standards for an amateur kickboxing sanctioning organi-
 43        zation.
 44        (2)  The commission may, in its discretion, issue or refuse to  issue  and
 45    for cause revoke sanctioning permits to conduct, hold or give boxing contests,
 46    boxing exhibitions and wrestling or exhibitions where whether or not an admis-
 47    sion  fee  is  charged  by  any person, organization, association or fraternal
 48    society. The commission may also, in its discretion, issue or refuse to  issue
 49    and  for  cause  revoke or suspend or otherwise sanction licenses for partici-
 50    pants of sanctioned contests and exhibitions.
 51        (23)  Specifically exempt from the provisions of this chapter are all box-
 52    ing contests, boxing exhibitions or wrestling exhibitions which:
 53        (a)  Are contests or exhibitions conducted by any secondary  school,  col-
 54        lege or university, whether public or private, where all the participating
 55        contestants  are bona fide students enrolled in any secondary school, col-
                                                                        
                                       7
                                                                        
  1        lege or university, within or without this state; or
  2        (b)  Are entirely contests or exhibitions, in which  all  contestants  are
  3        amateurs,  which have been sanctioned as amateur athletic events by any of
  4        the following associations:
  5             (i)   United States amateur boxing, inc., also known as  USA  boxing,
  6             inc.;
  7             (ii)  Amateur  athletic  union  of United States, inc., also known as
  8             the national amateur athletic union, the amateur athletic  union  and
  9             the AAU;
 10             (iii) Any  other entity that the commission approves as an officially
 11             recognized amateur  boxing  or  other  amateur  athletic  sanctioning
 12             authority; or
 13        (c)  Are contests or exhibitions held under the auspices or sanction of an
 14        established  nonprofit  secondary school activities organization or of its
 15        public or nonprofit accredited secondary school members, or held under the
 16        auspices or sanction of an established college  or  university  activities
 17        organization or its public or not-for-profit accredited college or univer-
 18        sity members;
 19        (d)  Are contests or exhibitions conducted by any military installation or
 20        branch  of  the  United  States armed forces, or the state national guard,
 21        where the participants are employed by the military installation, are mem-
 22        bers of the branch of the armed forces, or the state national  guard  unit
 23        conducting the contest or exhibition.
 24        (34)  Provided,  further,  that  every contestant in any boxing contest or
 25    boxing exhibition or wrestling exhibition not conducted exempt under the  pro-
 26    visions  of  this chapter, prior to engaging in and conducting such contest or
 27    exhibition, shall be examined by a licensed physician at least  once  in  each
 28    calendar  year, or where such contest is conducted by a secondary school, col-
 29    lege or university or organization as further described in this section,  once
 30    in each academic year in which instance the physician shall also designate the
 31    maximum  and minimum weights at which the contestant shall be medically certi-
 32    fied to participate. Provided further, that no contestant shall  be  permitted
 33    to  participate  in  any  such boxing contest, boxing exhibitions or wrestling
 34    exhibition in any weight classification other than that or those for which  he
 35    is  certificated.  Provided  further, that the exempted organizations shall be
 36    governed by the provisions of section 54-414,  Idaho  Code,  as  that  section
 37    applies  to  boxing contests, boxing exhibitions or wrestling exhibitions con-
 38    ducted by persons exempted in this section from the general provisions of this
 39    chapter. No boxing contest, boxing exhibition or wrestling exhibition shall be
 40    conducted within this state except pursuant to a license issued in  accordance
 41    with  the provisions of this chapter and the rules of the commission except as
 42    hereinabove provided.
                                                                        
 43        SECTION 7.  That Section 54-408, Idaho Code, be, and the  same  is  hereby
 44    amended to read as follows:
                                                                        
 45        54-408.  PROMOTERS   --   BOND   --  MEDICAL  INSURANCE.  (1)  Before  any
 46    sanctioning permit is issued to any promoter to conduct or hold a boxing  con-
 47    test, boxing exhibition or wrestling exhibition which is not exempt from regu-
 48    lation  pursuant  to  section 54-406(23), Idaho Code, the applicant shall file
 49    with the commission a bond payable to the state of Idaho in an  amount  deter-
 50    mined  by  the  commission,  executed by the applicant and a surety company or
 51    companies authorized to do business in this state, and  conditioned  upon  the
 52    faithful  performance by the promoter, which shall include, but not be limited
 53    to, the cancellation of a  boxing  contest,  boxing  exhibition  or  wrestling
                                                                        
                                       8
                                                                        
  1    exhibition  without  good cause as determined by the commission once the event
  2    has been approved by the commission.
  3        (2)  The bond required under this section shall guarantee the  payment  of
  4    all taxes, fees, fines and other moneys due and payable pursuant to the provi-
  5    sions  of this chapter and the rules of the commission including, but not lim-
  6    ited to, the payment of purses to the participants, other than  the  promoter,
  7    any  contributions  for  required  insurance, pensions, disability and medical
  8    examinations, the repayment to ticketholders of purchased tickets, the payment
  9    of fees to ring officials and physicians and, in the event of the cancellation
 10    of a boxing contest, boxing exhibition or wrestling exhibition approved by the
 11    commission without good cause, an amount determined by the commission.
 12        (3)  After issuance of a sanctioning permit to a promoter, the  commission
 13    may  modify the amount of bond required to ensure adequate and sufficient cov-
 14    erage for payment of taxes, fees, fines, purses, and other moneys due and pay-
 15    able pursuant to the provisions of this section. Failure of  any  promoter  to
 16    secure a modified bond required pursuant to this subsection within such period
 17    of  time  as  the commission may prescribe, shall be grounds for revocation of
 18    the sanctioning permit of such promoter.
 19        (4)  All bond proceeds collected pursuant to the provisions of  this  sec-
 20    tion  shall be deposited in the state treasury to the credit of the state ath-
 21    letic commission occupational licenses fund.
 22        (5)  Boxing and wrestling promoters must obtain health insurance to  cover
 23    any injuries incurred by participants, other than the promoter, at the time of
 24    the event.
                                                                        
 25        SECTION  8.  That  Section  54-411, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        54-411.  STATEMENT AND REPORT OF EVENT -- TAX ON GROSS RECEIPTS.  (1)  Any
 28    promoter  as herein provided shall, within seven (7) days prior to the holding
 29    of any boxing contest or exhibition, file with the commission a statement set-
 30    ting forth the name of each contestant, his manager or managers and such other
 31    information as the commission may require. Any promoter  shall,  within  seven
 32    (7)  days  before holding any wrestling exhibition, file with the commission a
 33    statement setting forth the name of each contestant, his manager  or  managers
 34    and  such other information as the commission may require. Participant changes
 35    within a twenty-four (24) hour period regarding a wrestling exhibition may  be
 36    allowed  after  notice to the commission, if the new participant holds a valid
 37    license under this chapter. Within seventy-two (72) hours after  the  termina-
 38    tion  of any contest or exhibition the promoter shall file with the designated
 39    commission representative a gross receipts report, duly verified as  the  com-
 40    mission  may  require showing the number of tickets sold for such contest, the
 41    price charged for such tickets and the gross receipts thereof, and such  other
 42    and  further information as the commission may require. The promoter shall pay
 43    to the commission at the time of filing the above report a tax equal  to  five
 44    percent (5%) of the gross receipts for deposit by the commission.
 45        (2)  The  number  of complimentary tickets shall be limited to two percent
 46    (2%) of the total tickets sold per event location. All  complimentary  tickets
 47    exceeding this set amount shall be subject to taxation.
 48        (3)  Gross receipts reports signed under oath shall also include:
 49        (a)  The name of the promoter;
 50        (b)  The   boxing  contest,  boxing  exhibition  or  wrestling  exhibition
 51        sanctioning permit number;
 52        (c)  The promoter's business address and any license or sanctioning permit
 53        number required of such promoter by law;
                                                                        
                                       9
                                                                        
  1        (d)  Gross receipts as specified by this section, during the period speci-
  2        fied by this section; and
  3        (e)  Such further information as the commission may require to  enable  it
  4        to  compute  correctly  and collect the assessment levied pursuant to this
  5        section.
  6        (4)  In addition to the information required on  gross  receipts  reports,
  7    the  commission  may  request, and the promoter shall furnish, any information
  8    deemed necessary for a correct computation of the assessment  levied  pursuant
  9    to this section.
 10        (5)  All levies pursuant to this section shall be collected by the commis-
 11    sion  and  shall be deposited in the state treasury to the credit of the state
 12    athletic commission occupational licenses fund.
 13        (6)  The moneys collected from the assessment levied pursuant to the  pro-
 14    visions  of  this section shall be in addition to all other revenues and funds
 15    received by the state athletic commission.
 16        (7)  The promoter shall compute and pay to  the  commission  the  required
 17    assessment  due.  If the payment of the assessment is not postmarked or deliv-
 18    ered to the commission as specified in subsection (1)  of  this  section,  the
 19    assessment shall be delinquent from such date.
 20        (8)  It  shall  be  the  duty  of  every promoter required to make a gross
 21    receipts report and pay any assessment pursuant to the provisions of this sec-
 22    tion to keep and preserve suitable records and documents which may  be  neces-
 23    sary  to determine the amount of assessment due as will substantiate and prove
 24    the accuracy of such reports. All such records shall be preserved for a period
 25    of three (3) years, unless the commission, in writing,  has  authorized  their
 26    destruction  or  disposal at an earlier date, and shall be open to examination
 27    at any time by the commission or by its authorized agents.
                                                                        
 28        SECTION 9.  That Section 54-412, Idaho Code, be, and the  same  is  hereby
 29    amended to read as follows:
                                                                        
 30        54-412.  STATE  ATHLETIC  COMMISSION FUNDS. The "State Athletic Commission
 31    Fund" is a dedicated fund created, effective July 1, 1992, in the state  trea-
 32    sury  in the name of the commission. Moneys in the fund may be expended pursu-
 33    ant to appropriation and shall be utilized by the commission to administer All
 34    fees received under the provisions of this chapter shall be paid to the bureau
 35    of occupational licenses and deposited in the state treasury to the credit  of
 36    the  occupational  licenses fund and all costs and expenses incurred under the
 37    provisions of this chapter shall be a charge against and paid from such fund.
                                                                        
 38        SECTION 10.  That Section 54-413, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        54-413.  SIMULTANEOUS  OR  CLOSED  CIRCUIT  TELECASTS  -- REPORT -- TAX ON
 41    GROSS RECEIPTS. Every licensee who charges and receives an admission  fee  for
 42    exhibiting  a simultaneous telecast of any live, current or spontaneous boxing
 43    contest, boxing exhibition   or  wrestling  exhibition  on  a  closed  circuit
 44    telecast  viewed  within this state shall, within seventy-two (72) hours after
 45    such event, furnish to the commission a verified gross receipts  report  on  a
 46    form  which is supplied by the commission showing the number of tickets issued
 47    or sold, and the gross receipts therefor without  any  deductions  whatsoever.
 48    Such  licensee  shall also, at the same time pay to the commission a tax equal
 49    to five percent (5%) of such gross receipts paid for admission to the  showing
 50    of the contest or exhibition. In no event, however, shall the tax be less than
 51    twenty-five  dollars  ($25.00). The tax shall apply uniformly at the same rate
                                                                        
                                       10
                                                                        
  1    to all persons subject to the tax. Such receipts shall be paid within  twenty-
  2    four (24) hours by the commission into the state athletic commission fund.
                                                                        
  3        SECTION  11.  That  Section 54-415, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        54-415.  PHYSICIAN'S ATTENDANCE -- EXAMINATION OF CONTESTANTS.  Each  con-
  6    testant  for  a  boxing  contest or boxing exhibition shall be examined within
  7    eight (8) hours prior to the contest or exhibition by a physician appointed by
  8    the commission. The physician shall forthwith and before such contest or exhi-
  9    bition report in writing and over his signature the physical condition of each
 10    and every contestant to the commissioner, deputy commissioner or inspector  or
 11    agent  present  at  such  contest. Blank forms of physicians' reports shall be
 12    provided by the commission  and  all  questions  upon  such  blanks  shall  be
 13    answered in full. At the discretion of the commission and immediately prior to
 14    a  wrestling contest or exhibition, the commission may require a contestant to
 15    be examined by a physician appointed by the commission.  No  contestant  whose
 16    physical condition is not approved by the examining physician shall be permit-
 17    ted  to participate in any contest or exhibition. The promoter conducting such
 18    contest or exhibition shall pay the examining physician a fee  in  the  amount
 19    designated  by  the  commission.  No  boxing  contest,  boxing  exhibition  or
 20    wrestling exhibition shall be held unless a physician appointed by the commis-
 21    sion  is  present throughout the contest or exhibition. The promoter shall pay
 22    the fees, in the amount designated by the commission, of the physician who  is
 23    required  to  be  present  at a boxing contest, boxing exhibition or wrestling
 24    exhibition.
 25        The commission may select any practicing physician  as  the  examining  or
 26    attending  physician. The physician present at the contest or exhibition shall
 27    have the authority to stop any contest or exhibition when in  the  physician's
 28    opinion it would be dangerous for a contestant to continue.
                                                                        
 29        SECTION  12.  That  Section 54-416, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        54-416.  ANNUAL LICENSES -- FEES -- REVOCATION.  (1)  The  commission  may
 32    shall  grant  annual  licenses  in compliance with the rules prescribed by the
 33    commission, and the payment of the fees, the amount of which is to  be  deter-
 34    mined  by  the commission upon application, prescribed to promoters, managers,
 35    booking agents, matchmakers, ring officials,  boxers,  wrestlers,  and  corner
 36    persons; provided, that the provisions of this section shall not apply to con-
 37    testants or other persons who may participate in contests or exhibitions which
 38    are  exempted  from  the  provisions  of  this  chapter  pursuant  to  section
 39    54-406(23), Idaho Code.
 40        (2)  Any such license may be revoked by the commission for any cause which
 41    it shall deem sufficient.
 42        (3)  No  person  shall participate or serve in any of the above capacities
 43    unless licensed as provided in this chapter.
 44        (4)  The ring officials for any boxing contest shall be designated by  the
 45    commission from among the active pool of licensed or appointed ring officials.
 46        (5)  The  ring officials for any wrestling exhibition shall be provided by
 47    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 fund.
                                                                        
 50        SECTION 13.  That Section 54-417, Idaho Code, be, and the same  is  hereby
                                                                        
                                       11
                                                                        
  1    amended to read as follows:
                                                                        
  2        54-417.  PARTICIPATION  IN  PURSE -- CONDUCTING SHAM BOXING EVENTS -- FOR-
  3    FEITURE OF LICENSE. Any person promoting boxing exhibitions  or  contests  who
  4    shall directly or indirectly participate in the purse or fee of any manager of
  5    any  boxers  or any boxer and any licensee who shall conduct or participate in
  6    any sham or fake boxing contest or exhibition shall thereby  forfeit  his  any
  7    licenses  issued pursuant to this chapter and the commission shall declare the
  8    license canceled and void and the licensee shall not thereafter be entitled to
  9    receive another such license, or any license issued pursuant to the provisions
 10    of this chapter.
                                                                        
 11        SECTION 14.  That Section 54-419, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        54-419.  FAILURE  TO  MAKE  REPORTS -- ADDITIONAL TAX -- NOTICE -- PENALTY
 14    FOR DELINQUENCY. Whenever any licensee shall fail to make a report of any con-
 15    test or exhibition within the time prescribed in this  chapter  or  when  such
 16    report is unsatisfactory to the commission, the commissioner commission or his
 17    designee  its  agent  shall examine the books and records of such licensee; he
 18    and may subpoena and examine under oath any officer of such licensee and  such
 19    other  person  or  persons  as he may deem be necessary to  a determination of
 20    determine the total gross receipts from any  contest  or  exhibition  and  the
 21    amount of tax thereon. If, upon the completion of such examination it shall be
 22    determined  that an additional tax is due, notice thereof shall be served upon
 23    the licensee, and if such licensee shall  fail  to  pay  such  additional  tax
 24    within  twenty  (20) days after service of such notice the delinquent licensee
 25    shall forfeit his any licenses issued pursuant to this chapter  and shall for-
 26    ever be disqualified from receiving any new license and in  addition  thereto,
 27    such  licensee  shall be liable to this state in the penal sum of ten thousand
 28    dollars ($10,000) to be collected by the attorney general by civil such action
 29    in the name of the state as may be necessary and in  the  manner  provided  by
 30    law.  All moneys collected pursuant to the provisions of this section shall be
 31    remitted to the state athletic commission occupational licenses fund.
                                                                        
 32        SECTION 15.  That Section 54-420, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        54-420.  PROHIBITIONS -- PENALTIES -- INJUNCTIONS. (1) Any person conduct-
 35    ing or participating in boxing contests, boxing exhibitions or wrestling exhi-
 36    bitions,  kickboxing contests or exhibitions, martial arts contests or exhibi-
 37    tions or wrestling contests or exhibitions within  this  state  without  first
 38    having  obtained  a  license or sanctioning permit therefor in the manner pro-
 39    vided in this chapter is in violation  of  the  provisions  of  this  chapter,
 40    excepting  such contests excluded from the operation of the provisions of this
 41    chapter in section 54-406(23), Idaho Code.
 42        (2)  It is unlawful for any promoter or person associated with or employed
 43    by any promoter to destroy any ticket or ticket stub, whether sold or  unsold,
 44    within three (3) months after the date of any contest or exhibition.
 45        (3)  The  striking  of  any individual who is not a licensed contestant in
 46    that particular boxing contest,  boxing  exhibition  or  wrestling  exhibition
 47    shall  constitute  grounds  for  suspension,  revocation  or both of a license
 48    issued pursuant to the provisions of this chapter.
 49        (4)  Any person violating any of the provisions of  this  chapter  or  the
 50    rules  of  the  commission  for which no penalty is otherwise herein provided,
                                                                        
                                       12
                                                                        
  1    upon conviction, shall be guilty of a misdemeanor and shall be punished by the
  2    imposition of a fine of not more than one  thousand  dollars  ($1,000)  or  by
  3    incarceration in the county jail for not more than thirty (30) days or by both
  4    such  fine  and  incarceration.  The  commission  shall  suspend or revoke the
  5    license of any person convicted of violating the provisions  of  this  chapter
  6    and the rules of the commission.
  7        (5)  In addition to other penalties provided by law if, after a hearing in
  8    accordance  with  the  provisions of this chapter and the rules of the commis-
  9    sion, the commission shall find any person to be in violation of  any  of  the
 10    provisions  of  this  chapter, such person may be subject to an administrative
 11    penalty equal to the greater of five hundred dollars  ($500)  or  one  percent
 12    (1%)  of  gross  receipts received for each violation. Each day a person is in
 13    violation of the provisions of this chapter and the rules  of  the  commission
 14    may  constitute  a  separate violation. All administrative penalties collected
 15    pursuant to the provisions of this subsection shall be deposited in the  state
 16    treasury  to the credit of the state athletic commission occupational licenses
 17    fund. Upon the request of the commission or its agent,  the  attorney  general
 18    may  institute action to enforce the administrative penalties imposed pursuant
 19    to this subsection in the district court for Ada county.
 20        (6)  Upon the request of the commission or its agent, the county  prosecu-
 21    tor in the county where a violation has occurred or is about to occur may make
 22    application  to  the  district  court in the county for an order enjoining the
 23    acts or practices prohibited by the provisions of this chapter and  the  rules
 24    of  the commission, and upon a showing that the person has engaged or is about
 25    to engage in any of the prohibited acts or practices, an injunction, restrain-
 26    ing order, or other order as may be appropriate shall be granted by the court.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE

                         RS 16510

Amending Title 54, Chapter 4, is being changed to adapt this 
professions laws to enable coordination with the laws and rules 
under which the administrating agency, The Bureau of 
Occupational Licenses, is required to operate.



                        FISCAL IMPACT

There is no impact in general funds.  The commission is self-
funding.



CONTACT
Name:	Tana Cory
Agency:	Bureau of Occupational Licenses
Phone:	334-3233


STATEMENT OF PURPOSE/FISCAL IMPACT	                H 110