H. B. 4058


(By Delegates Modesitt, Azinger and Trump)
[Introduced January 17, 2000; referred to the
Committee on Government Organization then Finance.]




A BILL to amend and reenact sections three and nine, article five-a, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to providing the state athletic commission authority over full contact boxing or fighting events, commonly referred to as "ultimate fight" events or "world extreme fighting" events, events that use styles of martial arts and toughman style boxing events.

Be it enacted by the Legislature of West Virginia:
That sections three and nine, article five-a, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5A. STATE ATHLETIC COMMISSION.

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

(a) The commission shall have and hereby is vested with the has sole direction, management and control of the jurisdiction over all amateur and professional boxing, sparring matches and exhibitions, or any form thereof of amateur and professional boxing, sparring matches and exhibitions, including full contact boxing or fighting events, commonly referred to as "ultimate fight" events or "world extreme fighting" events, events that use styles of martial arts and toughman style boxing events, to be conducted, held or given within the state by any club, individual, corporation or association. and No boxing, sparring or exhibition shall may be conducted, held or given within the state except pursuant to it's 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 shall be is subject to such rules and regulations and amendments thereto as the commission may prescribe. Every application for a license as herein provided for shall be on a blank form provided by the commission. No promoter's license shall may be granted to any club, corporation, association or individual, unless the signer of the application be is a bona fide resident of the state of West Virginia. Upon application of such the promoter's license, the promoter shall pay a state license fee of one hundred twenty-five dollars for one year. Such 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 to be deposited in the general fund. Should such If the license is not be granted, the treasurer shall refund the full amount. Nonprofit chartered and charitable organizations shall be are exempt from this license fee for all amateur events. No municipal corporation shall may impose any license tax on such boxing, sparring or exhibition clubs, notwithstanding the provisions of any section of the code respecting municipal taxes and licenses. The granting of such a license to such a club by the commission, or the holding of such a license by such a club, individual, corporation or association, shall does not prevent the commission from canceling or revoking the license to conduct such an event, as hereinbefore provided in this section.
(b) In exercising its jurisdiction over professional and amateur boxing, sparring matches and exhibitions, including full contact boxing or fighting events, commonly referred to as "ultimate fight" events or "world extreme fighting" events, events that use styles of martial arts and toughman style boxing events, the commission shall follow the current United States boxing authority rules and requirements 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 said the boxing authority in order that said the sanctioning be extended to state boxers.
§29-5A-9. Sanction or permit from commission.

No boxing, sparring matches or exhibitions, shall including full contact boxing or fighting events, commonly referred to as "ultimate fight" events or "world extreme fighting" events, events that use styles of martial arts and toughman style boxing events, may be conducted by any individual, club, organization or corporation having a license to conduct any such exhibitions in this state except by a sanction or permit from the commission.


NOTE: The purpose of this bill is to provide the State Athletic Commission with express jurisdiction over full contact boxing or fighting events, commonly referred to as "ultimate fight" events or "world extreme fighting" events, events that use styles of martial arts and toughman style boxing events.

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