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2007 Legislation
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HOUSE BILL NO. 110
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View Statement of Purpose / Fiscal Impact
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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