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Introduced Version House Bill 4448 History

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Key: Green = existing Code. Red = new code to be enacted
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H. B. 4448

 

         (By Delegate Eldridge, R. Phillips, Marcum, Perry,

                    Moye, Hartman and Sponaugle)

         [Introduced February 10, 2014; referred to the

         Committee on Government Organization then Finance.]

 

 

 

A BILL to repeal §29-5A-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-5A-1, §29-5A-3, §29-5A-3a, §29-5A-5, §29-5A-6, §29-5A-8, §29-5A-13, §29-5A-17, §29-5A-20, §29-5A-21, §29-5A-22 and §29-5A-24 of said code, all relating generally to the State Athletic Commission; changing the composition of the commission; proposal of rules; authorizing the appointment of an executive director; creating the State Athletic Commission Revenue Fund and providing that all revenues be deposited in and all reimbursed expenses shall be paid from the account; increasing payments to referees, judges and timekeepers; increasing certain licensing fees; and increasing the fines for misdemeanor violations under this article.

Be it enacted by the Legislature of West Virginia:

    That §29-5A-12 of the Code of West Virginia, 1931, as amended, be repealed; and that §29-5A-1, §29-5A-3, §29-5A-3a, §29-5A-5, §29-5A-6, §29-5A-8, §29-5A-13, §29-5A-17, §29-5A-20, §29-5A-21, §29-5A-22 and §29-5A-24 of said code be amended and reenacted, all to read as follows:

ARTICLE 5A. STATE ATHLETIC COMMISSION.

§29-5A-1. Creation of commission; members; officers; seal and               rules; appointment of executive director.

    The State Boxing Commission, heretofore created, is hereby continued and renamed the State Athletic Commission. The commission shall consist of five persons appointed by the Governor, by and with the consent of the Senate, no more than three of whom shall belong to the same political party and no two of whom shall be residents of the same county at the same time. One member shall have at least three years of experience in the sport of boxing. One member shall have at least three years of experience in the sport of mixed martial arts. One member shall have at least three years of experience in amateur athletics. One member shall be from the medical profession. One member shall be a private citizen. The members shall serve without pay. The present members and terms of the members of the State Boxing Commission in office on July 1, 2014, shall continue as the State Athletic Commission. At the expiration of the term of each member, his or her successor shall be appointed by the Governor for a term of four years. In the event of If there is a vacancy in said the board, said the vacancy shall likewise be filled by appointment by the Governor and the Governor shall likewise have the power to remove any commissioner at his or her pleasure. Any three members of the commission shall constitute a quorum for the exercise of the power or authority conferred upon it. The members of the commission shall at the first meeting after their appointment elect one of their number chairman of the commission, and another of their number secretary of the commission, shall adopt a seal for the commission, and shall make such rules for the administration of their office, not inconsistent herewith, as they may deem expedient; and they may hereafter amend or abrogate such rules. The concurrence of at least three commissioners shall be necessary to render a choice or decision of the commission. The commission may appoint an executive director who shall serve for an indefinite term at the pleasure of the commission. The director shall be appointed with due regard to his or her fitness, by knowledge of and recent experience in the sport of boxing, mixed martial arts and in amateur athletics for the efficient dispatch of the powers and duties vested in and imposed on the director by this article. The director shall devote his or her time to the duties of his or her office as required by and prescribed by this article and may not have any pecuniary interest in any boxing, mixed martial arts or in amateur athletics event or venture. The director shall receive such compensation as the commission may determine, which said compensation shall, however, conform in general to the compensation received by persons occupying positions of similar importance and responsibility with other agencies of this state. The director shall be reimbursed for all traveling and other expenses incurred by him or her in the discharge of his or her official duties in accordance with state travel rules. The director is the executive officer of the commission and under its supervision shall administer the provisions of this article and the rules and orders established thereunder and all other laws of the state relative to the sport of boxing, mixed martial arts or amateur athletics. The director shall attend, but not vote, at all meetings of the commission. The director shall act as secretary of the commission and shall be in charge of its offices and responsible to the commission for the preparation of reports and the collection and dissemination of data and other public information relating to the sport of boxing, mixed martial arts or amateur athletics. At the direction of the commission the director shall, together with the chairman of the commission, execute all contracts entered into by the commission which are legally authorized and for which funds are provided in any appropriations act. The commission may, by written order filed in its office, delegate to the director any of the powers or duties vested or imposed upon it by this article. Such delegated powers and duties may be exercised by such director in the name of the commission.

§29-5A-3. Commission to have sole control of boxing, etc., matches; licenses; municipality not to tax boxing, etc., club; creating revenue fund.

    (a) The commission has sole direction, management and control of the jurisdiction over all amateur, professional and semiprofessional boxing, sparring matches and exhibitions, or any form thereof, to be conducted, held or given within the state by any club, individual, corporation or association. As used in this article, the term "boxing" includes any fighting event that includes or permits the striking of an opponent with a closed fist, even if wrestling moves, elements of martial arts, or striking an opponent with the feet are also permitted. No boxing, sparring or exhibition may be conducted, held or given within the state except pursuant to the commission’s authority and held in accordance with this article. The commission may, in its discretion, issue and, at its pleasure, revoke the license to conduct, hold or give boxing or sparring matches or exhibitions to any club, corporation, association or individual. Every license is subject to rules the commission may prescribe. Every application for a license shall be on a blank form provided by the commission. No promoter's license may be granted to any club, corporation, association or individual, unless the signer of the application is a bona fide resident of the State of West Virginia. Upon application of the promoter's license, the promoter shall pay a state license fee of $125 $200 for one year. The fee shall be in the form of a certified check or money order and shall be issued to the Treasurer of the State of West Virginia State Athletic Commission to be deposited in the General Fund Commission’s Revenue Fund to support the commission’s regulatory activities, which fund is hereby authorized. The Joint Committee on Government and Finance may require the Legislative Auditor to examine the fund annually. If the license is not granted, the treasurer shall refund the full amount. Nonprofit chartered and charitable organizations are exempt from this license fee for all amateur events. No municipal corporation may impose any license tax on boxing, sparring or exhibition clubs, notwithstanding the provisions of any section of the code respecting municipal taxes and licenses. The granting of a license to a club by the commission, or the holding of a license by a club, individual, corporation or association, does not prevent the commission from canceling or revoking the license to conduct an event, as provided in this section.

    (b) In exercising its jurisdiction over professional, semiprofessional and amateur boxing, sparring matches and exhibitions, the commission shall follow the current United States boxing authority rules and requirements unified rules of boxing adopted by the Association of Boxing Commissions to enable the proper sanctioning of all participants, referees, judges and matches or exhibitions conducted under the rules described in subdivision (1), subsection (c), section twenty-four of this article and shall cooperate fully with the boxing authority in order that the sanctioning be extended to state boxers. For full contact boxing events and other boxing events that follow nontraditional rules, the commission may impose any limitations or restrictions reasonably necessary to guarantee the safety of the participants and the fair and honest conducting of the matches or exhibitions and may refuse to license any event that poses an unreasonable degree of risk to the participants.

§29-5A-3a. Power to regulate mixed martial arts.

    (a) The commission has sole power, direction, management and control over all professional mixed martial arts contests, matches and exhibitions, or any form thereof, to be promoted, conducted, held or given within the state.

    (b) As used in this article, the term “mixed martial arts” means a combative sporting contest, the rules of which allow two competitors to attempt to achieve dominance over one another by utilizing a variety of techniques including, but not limited to, striking, grappling and the application of submission holds.

    (c) A mixed martial arts contest, match or exhibition promoted, conducted, held or given within the state shall be under the commission’s authority and be in accordance with the provision of this section. The provisions of this article that apply to boxing shall also apply to mixed martial arts as appropriate.

    (d) In exercising its jurisdiction over professional mixed martial arts contests matches and exhibitions, the commission shall follow the current unified rules of mixed martial arts as adopted by the Association of Boxing Commissions, to enable the proper licensing of all participants, referees and judges, and the approval of contests, matches or exhibitions conducted under the provisions of this section.

    (e) The commission may issue and revoke a license to promote, conduct, hold or give mixed martial arts contests, matches or exhibitions and may issue and revoke a license to be a contestant. Each license is subject to the provisions of this section and article, and the rules of the commission.

    (f) The commission shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this section, including:

    (1) Procedures and requirements for the issuance and renewal of licenses: Provided, That the procedures and requirements shall not:

    (A) Limit or prohibit mixed martial arts contests, matches or exhibitions; nor

    (B) Include a provision that a licensee be a West Virginia resident;

    (2) Exemptions from licensure;

    (3) Procedures for revoking licenses;

    (4) Adopting the unified rules of mixed martial arts;

    (5) A fee schedule, including permit fees;

    (6) Limitations or restrictions necessary to guarantee the safety of the participants;

    (7) The requirements for fair and honest conducting of the contests, matches or exhibitions; and

    (8) Any other rules necessary to effectuate the provisions of this section.

    (g) Notwithstanding the provisions of this code to the contrary, a municipality may not impose a municipal license tax under section four, article thirteen, chapter eight of this code on mixed martial arts clubs. The granting of a license to a club by the commission, or the holding of a license by a club, individual, corporation or association, does not prevent the commission from revoking the license to conduct an event, as provided in this section: Provided, That nothing in this subsection limits the authority of a municipality to impose any other taxes or fees on mixed martial arts contests, matches or exhibitions, pursuant to article thirteen, chapter eight of this code.

§29-5A-5. Expense of commission.

    On or before December thirty-one of each year, the secretary of the commission shall present to the Governor projected expenses for the following year. Such projections shall include all revenues and expenses of the commission and its official headquarters. Necessary expenses incurred by the commission shall be submitted on a standard expense form to the treasurer of the State of West Virginia to be paid from the General Fund and paid from the Commission’s Revenue Fund to be established under the State Treasurer. Such expenses shall not exceed 5,500 per year.

§29-5A-6. Payment of official in charge.

    The deputy, inspector or other officials designated by the commission to be in charge of a boxing event shall be paid by the promoter at a rate of $75 $100 for each weigh-in ceremony and $75 $100 for each day of bouts. If a weigh-in occurs within three hours before the boxing bouts are scheduled to begin, the deputy, inspector or other officials will be paid only $75 $100 once for that particular night or day's events. Judges, timekeepers and inspectors shall be paid by the promoter at a rate of $50 $75 per day. Referees shall be paid by the promoter at a rate of $75 $100 per day.

§29-5A-8. Issuance of license; qualification for licenses; application of other provisions of chapter; hearings.

    The commission, at its discretion, may issue a license to promote, conduct or hold professional boxing, sparring matches and exhibitions to any person, corporation, association, club or organization eligible for a license under this chapter.

    Before being granted a license, or the renewal of such license, the applicant must establish to the satisfaction of the commission that he or she:

    (a) Is skilled, or has knowledge, in the profession of boxing or mixed martial arts;

    (b) Is of good moral character;

    (c) Is physically fit and mentally sound;

    (d) Will conduct his or her business in the best interest and welfare of the public, preserving the safety and health of participants and the best interests of professional boxing generally;

    (e) Will adhere to and comply with all the rules and regulations of the commission pertaining to such license.

    In the case of a corporate applicant, these factors shall pertain to its officers, directors, principal stockholders and employees.

    Every license and licensee shall be subject to such rules and regulations, and amendments thereof, as the commission may prescribe.

§29-5A-13. Cancellation of license for fake boxing, etc., exhibition; penalty for participating in such exhibition.

    Any club, corporation, association or individual which may conduct, hold or give or participate in any sham or fake boxing, sparring or exhibition shall thereby forfeit its license issued in accordance with the provisions of this article, which shall thereupon be, by the commission, canceled and declared void; and it shall not be entitled to receive another such license or any license pursuant to the provisions of this article, nor shall any license thereafter be granted to any club, corporation, association or individual, including among its members, directors, partners or stockholders, any member, director, partner or stockholder of the club, corporation, association or individual whose license has been so forfeited. Any contestant who shall participate in any sham or fake boxing, sparring or exhibition, and any other person whatsoever who shall in any manner be connected with the arranging, planning, holding, conducting or giving of any such sham or fake boxing, sparring or exhibition shall be guilty of a misdemeanor, and, shall upon conviction thereof, be fined not less than $500 $1,000, nor more than $1,000 $5,000, or be confined in jail for a period of not less than six months, nor more than one year or both; and any contestant so participating shall be further totally disqualified from further admission or participation in any boxing or sparring held or given by any club, corporation, association or individual duly licensed for said purpose.

§29-5A-17. Referee and judges; appointment by commission; powers, payment.

    (a) The chief official of the boxing match or exhibition shall be the referee. The referee and judges shall be appointed by the commission, and shall receive from the commission a card authorizing them to act as such, and no club shall employ or permit anyone to act as referee except one holding such card of authorization from the commission. The referee shall have general supervision and control over the match or exhibition and shall be paid by the promoter $25 $100 for each day or night's services. The referee shall be limited to refereeing a maximum of thirty rounds per day or night unless special consent is given by the commission.

    (b) For all boxing and mixed martial arts contests, the referee or referees, judges and timekeepers shall be designated by the commission. Only the officials so designated by the commission may perform their respective functions. Under no circumstances may a member of the commission, the deputy, inspector or any employee of the commission serve as a referee, judge or timekeeper of a boxing or mixed martial arts contest or exhibition match.

§29-5A-20. Licenses for contestants, referees, and managers and promoters.

    No professional contestant, trainer, inspector, referee or professional manager is permitted to take part in any boxing contest or exhibition unless holding a license from the state, said license to be issued by the commission upon payment of $10 a year. $25 a year for a contestant license; $25 a year for a trainer license; $35 a year for an inspector license; $35 a year for a referee license; $50 a year for a professional manager license; and $200 a year for a promoter’s license.

    Such The fees shall accompany the application and shall be in the form of a certified check or money order and shall be issued to the treasurer of the State of West Virginia State Athletic Commission to be deposited in the Commission’s General Fund. Should such If a license is not be granted, the treasurer commission shall refund the full amount.

§29-5A-21. Penalty for engaging in unlawful contest.

    Any person who shall engages in a boxing contest with another person for money or other such things of value, or for any championship, when an admission fee is charged, either directly or indirectly in this state, except when such contest is held in compliance with this article, shall be deemed is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 $250, and not more than $500 $1,000.

§29-5A-22. Penalty for violation not expressly provided for.

    If any person shall violates any provision of this article, for which violation a penalty is not here expressly provided, he or she shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 $250, nor more than $500 $1,000.

§29-5A-24. Rules and regulations governing contestants and matches.

    (a) The commission shall promulgate its rules in compliance propose rules for legislative approval in accordance with the provisions of article three of chapter twenty-nine-a of this code.

    (b) The commission shall promulgate propose such rules as it determines to be necessary to regulate professional and semiprofessional boxers, and professional and semiprofessional boxing matches and exhibitions. For full contact boxing and other boxing events that follow nontraditional rules, rules guaranteeing the safety of the participants and the fair and honest conducting of the matches or exhibitions are authorized.

    (c) The commission shall promulgate propose separate rules for amateur boxers and amateur boxing, sparring matches and exhibitions as follows:

    (1) Rules which comply with the requirements of the rules of the current United States amateur boxing authority to the extent that any boxer complying with them will be eligible to participate in any state, national or international boxing match sanctioned by the current United States amateur boxing authority or the International Amateur Boxing Association.

    (2) Rules which may differ from the rules of the current United States Amateur Boxing Authority but which adequately guarantee the safety of the participants and the fair and honest conducting of the matches or exhibitions. As a part of these rules, the commission shall include a requirement that all boxers participating in matches or exhibitions conducted under these rules be informed prior to such participation that such participation will disqualify them from participating in state, national or international matches and exhibitions sanctioned by the current United States Amateur Boxing Authority or the International Amateur Boxing Association.

 

    NOTE: The purpose of this bill is to change the composition of the State Athletic Commission; create the State Athletic Commission Revenue Fund and provide that all revenues be deposited in and all reimbursed expenses shall be paid from the account; authorize the appointment of an executive director; increase payments to referees, judges and timekeepers; increase certain licensing fees; increase the fines for misdemeanor violations under this article; and make other changes generally related to this article.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

 

    §29-5A-12 is repealed. The subject of this section is covered under the Unified Rules of Boxing and Unified Rules of Mixed Martial Arts.

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