S2218.03T

To repeal sections 317.001, 317.006 and 317.011, RSMo 1994, relating to boxing and wrestling and to enact in lieu thereof eight new sections relating to the same subject, with an emergency clause for a certain section.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 317.001, 317.006, and 317.011, RSMo 1994, are repealed and seven new sections enacted in lieu thereof to be known as sections 317.001, 317.006, 317.011, 317.012, 317.013, 317.014 and 317.015, to read as follows:

317.001. As used in sections 317.001 to 317.021, the following words and terms mean:

[(1) "Amateur", a contestant who engages in sport solely for the pleasure and physical, mental and social benefits he derives therefrom, and who has not received nor will receive, directly or indirectly, any money or other significant compensation, either for the expense for training for the exhibition in which he is involved or for taking part therein;

(2) "Boxing" includes kickboxing;

(3) "Contestant", a person who competes in any activity covered by sections 317.001 to 317.021;

(4) "Director", the director of the department of economic development;

(5) "Fund", the athletic fund established pursuant to sections 317.001 to 317.021;

(6) "Kickboxing", any form of boxing in which blows are delivered with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot;

(7) "Professional or amateur full-contact karate", any form of full-contact martial arts, including, but not limited to, full-contact kungfu, full-contact taw kwon-do, or any form of martial arts or self-defense conducted on a full-contact basis in a contest, match, or exhibition where weapons are not used;

(8) "Sparring", a form of boxing with jabbing or feinting movements, landing few heavy blows, as in exhibition or practice matches;

(9) "Wrestling" includes a performance of wrestling skills and techniques by two or more professional wrestlers, to which any admission is charged or which is broadcast or televised, in which the participating wrestlers are not required to use their best efforts in order to win, and for which the winner may have been selected before the performance commences.]

(1) "Bout", one match involving either professional boxing, sparring, professional wrestling, professional kickboxing or professional full-contact karate;

(2) "Combative fighting", also known as "toughman fighting", "toughwoman fighting", "badman fighting", "ultimate fighting", "U.F.C." and "extreme fighting", any boxing or wrestling match, contest or exhibition, between two or more contestants, with or without protective headgear, who use their hands, with or without gloves, or their feet, or both, and who compete for a financial prize or any item of pecuniary value, and which match, contest, tournament championship or exhibition is not recognized by and not sanctioned by any officially recognized state, regional or national boxing or athletic sanctioning authority, or any promotor duly licensed by the department of economic development;

(3) "Contest", a bout or a group of bouts involving licensed contestants competing in professional boxing, sparring, professional wrestling, professional kickboxing or professional full-contact karate;

(4) "Contestant", a person who competes in any activity covered by sections 317.001 to 317.021;

(5) "Department", the department of economic development;

(6) "Director", the director of the department of economic development;

(7) "Fund", the athletic fund established pursuant to sections 317.001 to 317.021;

(8) "Mandatory count of eight", a required count of eight that is given by a referee to a contestant who has been knocked down;

(9) "Noncompetitive boxing", boxing or sparring where a decision is not rendered;

(10) "Office", the department of economic development, division of professional registration, office of athletics;

(11) "Professional boxing", the sport of attack and defense which uses the fist and where contestants compete for valuable consideration;

(12) "Professional full-contact karate", any form of full-contact martial arts including but not limited to full-contact kungfu, full-contact taw kwon-do, or any form of martial arts or self-defense conducted on a full-contact basis in a bout or contest where weapons are not used and where contestants compete for valuable consideration. Such contests take place in a rope-enclosed ring and are fought in timed rounds;

(13) "Professional kickboxing", any form of boxing in which blows are delivered with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot, and where contestants compete for valuable consideration. Such contests take place in a rope-enclosed ring and are fought in timed rounds;

(14) "Professional wrestling", any performance of wrestling skills and techniques by two or more professional wrestlers, to which any admission is charged. Participating wrestlers may not be required to use their best efforts in order to win, the winner may have been selected before the performance commences and contestants compete for valuable consideration. Such contests take place in a rope-enclosed ring and are fought in timed rounds;

(15) "Sparring", boxing for practice or as an exhibition;

(16) "Standing mandatory eight count", the count of eight that is given at the discretion of a referee to a contestant who has been dazed by a blow and is unable to defend himself or herself. The standing mandatory eight count may be waived in a bout only with special permission of the office.

317.006. 1. The director of the department of economic development shall have general charge and supervision of all professional boxing, sparring, professional wrestling, professional kickboxing and professional full-contact karate [exhibitions] contests held in the state of Missouri, and he shall have the power, and it shall be his duty:

(1) To make and publish rules governing in every particular professional boxing, sparring, professional wrestling, professional kickboxing and professional full-contact karate [exhibitions] contests;

(2) To accept applications for and issue licenses to contestants in professional boxing [excepting amateur boxing], sparring, professional wrestling, professional kickboxing and professional full-contact karate [exhibitions] contests held in the state of Missouri, and referees, judges, matchmakers, managers, promoters, seconds [excepting seconds in amateur boxing], announcers, timekeepers and physicians involved in professional boxing, sparring, professional wrestling, professional kickboxing and professional full-contact karate [exhibitions] contests held in the state of Missouri, as authorized herein. Such licenses shall be issued in accordance with rules duly adopted by the department;

[(3) To accept application for and issue licenses to any bona fide patriotic, benevolent, fraternal or religious organization, or local unit thereof, desiring to promote or sponsor boxing, sparring, wrestling, and full-contact karate exhibitions, which has been in existence and has held meetings at regular intervals during the year immediately preceding the granting of the license, and to revoke the same at his pleasure. Such applications shall designate the city or unincorporated area in which the organization or local unit thereof intends to operate, and the license granted shall entitle such organization, or local unit thereof, to conduct such boxing, sparring, wrestling, and full-contact karate exhibitions in that city or unincorporated area, and no other;]

[(4)] (3) To charge fees to be determined by the director and established by rule for every license issued and to assess a tax of five percent of the gross receipts of any person, organization, corporation, partnership, limited liability company, or association holding a promoter's license [or] and permit under sections 317.001 to 317.021, derived from admission charges connected with or as an incident to the holding of any professional boxing, sparring, professional wrestling, professional kickboxing or professional full-contact karate [exhibition] contest in this state[; provided, however, that no patriotic, benevolent, fraternal, educational, or religious organization which conducts an amateur boxing match, where the contestants do not receive a monetary consideration for their services, shall be required to pay any percentage of the gross receipts from any source connected with or incident to the holding of said amateur boxing match]. Such funds shall be paid to the [division of taxation and collection in the department of revenue] department of economic development and the division of professional registration which shall pay said funds into the state treasury to be set apart into a fund to be known as the "Athletic Fund" which is hereby established;

[(5)] (4) To assess a tax of [one] five percent of the gross receipts of any person, organization, corporation, partnership, limited liability company or association holding a promoter's license [or] and permit under sections 317.001 to 317.021, derived from the sale, lease or other exploitation in this state of broadcasting, television, closed-circuit telecast, and motion picture rights for any professional boxing, sparring, professional wrestling, professional kickboxing or professional full-contact karate [exhibition] contest. [in this state; provided, however, that no patriotic, benevolent, fraternal, educational, or religious organization which conducts an amateur boxing match, where the contestants do not receive a monetary consideration for their services, shall be required to pay any percentage of the gross receipts from any source connected with or incident to the holding of the amateur boxing match.] Such funds shall be paid to the [division of taxation and collection in the department of revenue] department of economic development and the division of professional registration which shall pay said funds into the state treasury to be set apart into a fund to be known as the "athletic fund";

(5) To assess a tax of twenty-five percent of the gross receipts of any person, organization, corporation, partnership, limited liability company or association derived from the sale, lease or other exploitation in this state of broadcasting, television, closed-circuit telecast, and motion picture rights for any combative fighting contest. Such funds shall be paid to the department of economic development, the division of professional registration, which shall pay said funds into the state treasury to be set apart into a fund to be known as the "athletic fund";

(6) Each cable television system operator whose pay-per-view facilities are utilized to telecast a bout or contest shall, within thirty calendar days following the date of the telecast, file a report with the office stating the number of orders sold and the price per order.

2. All fees established pursuant to sections 317.001 to 317.021 shall be determined by the director by rule in such amount as to produce sufficient revenue to fund the necessary expenses and operating costs incurred in the administration of the provisions of sections 317.001 to 317.021. All expenses shall be paid as otherwise provided by law.

317.011. 1. The director of the department of economic development shall have the power, and it shall be his duty, to accept application for and issue permits to hold professional boxing, sparring, professional wrestling, professional kickboxing or professional full-contact karate [exhibitions] contests in the state of Missouri, and to charge a fee for the issuance of same in an amount established by rule; such funds to be paid to the [division of taxation and collection in the department of revenue] department of economic development and the division of professional registration which shall pay such funds into the state treasury to be set apart into the "athletic fund" [which is hereby established].

2. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the fund for the preceding fiscal year.

3. The director of the department of economic development shall not grant any permit to hold professional boxing, sparring, professional wrestling, professional kickboxing or professional full-contact karate [exhibitions] contests in the state of Missouri except:

(1) Where such professional boxing, sparring, professional wrestling, professional kickboxing or professional full-contact karate [exhibition] contest is to be held under the auspices of [some organization] a promoter duly licensed by the department;

(2) Where such [exhibition] contest shall be of not more than fifteen rounds of three minutes each duration per bout; and

(3) Where a fee has been paid for such permit, in an amount established by rule.

4. In such [exhibitions] contests a decision shall be rendered by three judges licensed by the department. [The provisions of sections 317.001 to 317.021 shall not apply to amateur wrestling matches which are held by any school, college or university where the contestants do not receive a monetary consideration for their services.]

5. Specifically exempted from the provisions of chapter 317, RSMo, are contests or exhibitions for amateur boxing, amateur kick-boxing, amateur wrestling and amateur full-contact karate. However, all amateur boxing, amateur kickboxing, amateur wrestling and amateur full-contact karate must be sanctioned by a nationally recognized amateur sanctioning body approved by the office.

317.012. No license or permit will be issued for any contests known as "ultimate fighting" or any activities similar in nature. For purposes of this chapter, "ultimate fighting" shall mean a contest or bout whereby any part of the contestant's body may be used as a weapon or any means of fighting may be used with the specific purpose to intentionally injure the other contestants in such a manner that they may not defend themselves and in which there is no referee. No person, partnership, organization, corporation, limited liability company or association shall conduct, compete or otherwise participate in any contest or bout as defined in this section.

317.013. 1. In order to protect the health and welfare of the contestants, there shall be a mandatory medical suspension of any contestant, not to exceed one hundred twenty days, who loses consciousness or who has been injured as a result of blows received to the head or body during a boxing bout or semi-professional elimination contest. The determination of consciousness is to be made only by a physician licensed by the board of healing arts and the department. Medical suspensions issued in accordance with this section shall not be reviewable by any tribunal.

2. No license shall be issued to any person who has been injured in such a manner that they may not continue boxing in the future. Such a person shall be deemed "medically retired". No person with a status of "medically retired" shall compete in any events governed by this chapter. Medical retirements issued in accordance with this section shall not be reviewable by any tribunal.

317.014. 1. Upon proper application by the director, or the director of the office, a court of competent jurisdiction may grant an injunction, restraining order or any other order as may be appropriate to enjoin a person, partnership, organization, corporation, limited liability company or association from:

(1) Promoting or offering to promote any professional boxing, sparring, professional wrestling, professional kickboxing and professional full-contact karate contests in Missouri;

(2) Advertising or offering to advertise any professional boxing, sparring, professional wrestling, professional kickboxing and professional full-contact karate contests in Missouri;

(3) Conducting or offering to conduct any professional boxing, sparring, professional wrestling, professional kickboxing and professional full-contact karate contests in Missouri; or

(4) Competing or offering to compete in any professional boxing, sparring, professional wrestling, professional kickboxing and professional full-contact karate contests in Missouri.

2. Any such actions shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.

3. Any action brought under this section shall be in addition to, and not in lieu of, any penalty provided by law and may be brought concurrently with other actions to enforce this chapter.

317.015. 1. Any person wishing to make a complaint against a licensee under sections 317.001 to 317.014, RSMo, shall file the written complaint with the department setting forth supporting details. If the department determines that the charges warrant a hearing to ascertain whether the licensee shall be disciplined, it shall file a complaint with the administrative hearing commission as provided in chapter 621, RSMo. Any person holding more than one license issued by the department and disciplined under one license will automatically be disciplined under all licenses.

2. (1) The department may refuse to issue any permit or license pursuant to this chapter for one or any combination of reasons stated in paragraphs (a) through (m) of subdivision (2) of this subsection. The department shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of their rights to file a complaint or an appeal with the administrative hearing commission as provided in chapter 621, RSMo.

(2) The department may file a complaint with the administrative hearing commission, as provided in chapter 621, RSMo, against any holder of any permit or license issued pursuant to this chapter, or against any person who has failed to renew or has surrendered their permit or license, for any one or more of the following reasons:

(a) Use of an alcoholic beverage or any controlled substance, as defined in chapter 195, RSMo, before or during a bout;

(b) The person has been found guilty or has entered a plea of guilty or nolo contendere in a criminal prosecution under any state or federal law for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not a sentence is imposed;

(c) Use of fraud, deception, misrepresentation or bribery in securing any permit or license issued pursuant to this chapter;

(d) Providing false information on applications or medical forms;

(e) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performing of the functions or duties of any profession licensed or regulated by this chapter;

(f) Violating or enabling any person to violate any provision of this chapter or any rule adopted pursuant to this chapter;

(g) Impersonating any permit or license holder or allowing any person to use their permit or license;

(h) Contestants failing to put forth their best effort during a bout;

(i) Disciplinary action against the holder of a license or other right to practice any profession regulated by this chapter and issued by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

(j) A person adjudged mentally incompetent by a court of competent jurisdiction;

(k) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;

(l) Use of foul or abusive language or mannerisms or threats of physical harm by any person associated with any bout or contest licensed pursuant to this chapter; or

(m) Issuance of a permit or license based upon a mistake of fact.

(3) After the complaint is filed, the proceeding shall be conducted in accordance with the provisions of chapter 621, RSMo. If the administrative hearing commission finds that a person has violated one or more of the grounds as provided in paragraphs (a) through (m) of subdivision (2) of this subsection, the department may censure or place the person named in the compliant on probation on appropriate terms and conditions for a period not to exceed five years, may suspend the person's license for a period not to exceed three years, or may revoke the person's license.

Section B. Chapter 317, RSMo, is amended by adding thereto one new section, to be known as section 317.018, to read as follows:

317.018. 1. Combative fighting is prohibited in the state of Missouri.

2. Anyone who promotes or participates in combative fighting, or anyone who serves as an agent, principal partner, publicist, vendor, producer, referee, or contractor of or for combative fighting is guilty of a class D felony.

3. Any medical personnel who administers to, treats or assists any participants of combative fighting shall not be subject to the provisions of this section.

4. Nothing in section 317.001 or this section shall be construed to give authority to the Missouri state athletic commission to regulate boxing, sparring, wrestling or contact karate conducted by entities which are not regulated on the effective date of this section, including but not limited to events conducted by the:

(1) Military;

(2) Private schools;

(3) Church schools;

(4) Home schools;

(5) Martial arts academies;

(6) Private gyms;

(7) YWCAs and YMCAs;

(8) Elementary and secondary schools;

(9) College and university inter- and intra-mural;

(10) Fraternal organizations;

(11) Camps, conducted by church or not-for-profit organizations;

(12) Olympic committees; or

(13) Correctional facilities.

5. Nothing in section 317.001 or this section is intended to regulate, or interfere with or make illegal, traditional, sanctioned boxing, including professional, amateur, scholastic, championship boxing, amateur wrestling or scholastic wrestling.

Section C. Because immediate action is necessary to ensure the health and safety of certain athletes, section B of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section B of this act shall be in full force and effect upon its passage and approval.