Senate File 495 - Introduced SENATE FILE 495 BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SSB 1174) A BILL FOR An Act relating to the regulation of boxing, mixed martial 1 arts, and wrestling, making penalties applicable, and making 2 an appropriation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2004SV (2) 89 je/rn
S.F. 495 Section 1. Section 90A.1, subsections 6 and 7, Code 2021, 1 are amended to read as follows: 2 6. “Professional boxing or wrestling match” means a boxing 3 or wrestling public contest or exhibition open to the public 4 in this state for which the contestants are paid or awarded a 5 prize for their participation. 6 7. a. “Promoter” means a person or business that does at 7 least one of the following: 8 a. (1) Organizes, holds, advertises, or otherwise conducts 9 a professional boxing or wrestling match under this chapter . 10 b. (2) Charges admission for the viewing of a professional 11 boxing or wrestling match received through a closed-circuit, 12 pay-per-view, or similarly distributed signal. 13 c. (3) Organizes, holds, advertises, or otherwise conducts 14 a mixed martial arts match. 15 (4) Organizes, holds, advertises, or otherwise conducts any 16 form of competition in which a blow is usually struck, or a 17 maneuver is usually executed, which may reasonably be expected 18 to inflict injury. 19 b. “Promoter” does not include the organizer of a private 20 youth martial arts tournament, private test for martial arts 21 belts, developmental contests within private gyms, amateur 22 wrestling, jiu jitsu, or amateur boxing. 23 Sec. 2. Section 90A.2, subsection 1, Code 2021, is amended 24 to read as follows: 25 1. A person shall not act as a promoter of a professional 26 boxing or wrestling match or a mixed martial arts match 27 without first obtaining a license from the commissioner. 28 This subsection shall not apply to a person distributing a 29 closed-circuit, pay-per-view, or similarly distributed signal 30 to a person acting as a promoter or to a person viewing the 31 signal in a private residence. 32 Sec. 3. Section 90A.3, subsection 4, Code 2021, is amended 33 to read as follows: 34 4. This section does not apply to professional wrestlers or 35 -1- LSB 2004SV (2) 89 je/rn 1/ 5
S.F. 495 contestants in boxing elimination tournaments. 1 Sec. 4. Section 90A.5, subsection 1, paragraphs e, f, and g, 2 Code 2021, are amended to read as follows: 3 e. A match promoter permits a person to participate whose 4 license, registration, or authority, issued pursuant to this 5 chapter , is under suspension to participate in a boxing event . 6 f. A match promoter or professional boxer contestant 7 is under suspension by any other state boxing regulatory 8 organization. 9 g. A match promoter or professional boxer contestant is 10 under suspension in any state. 11 Sec. 5. Section 90A.6, subsection 1, unnumbered paragraph 12 1, Code 2021, is amended to read as follows: 13 The commissioner may suspend, deny, revoke, annul, or 14 withdraw a license, registration, or authority to participate 15 in a professional boxing or wrestling match or mixed martial 16 arts match any contest under the commissioner’s jurisdiction 17 if any of the following occur: 18 Sec. 6. Section 90A.9, Code 2021, is amended to read as 19 follows: 20 90A.9 Written report filed —— tax due —— penalty. 21 1. The promoter of a professional boxing or wrestling match 22 or an event or a mixed martial arts match subject to this 23 chapter shall, within twenty days after the match or event, 24 furnish to the commissioner a written report stating the number 25 of tickets sold, the gross amount of admission proceeds of 26 the match or event, and other matters the commissioner may 27 prescribe by rule. The value of complimentary tickets in 28 excess of five percent of the number of tickets sold shall be 29 included in the gross admission receipts. Within twenty days 30 of the match or event, the promoter shall pay to the treasurer 31 of state a tax of five percent of its total gross admission 32 receipts, after deducting state sales tax, from the sale of 33 tickets of admission to the match or event. 34 2. If the promoter fails to make a timely report within 35 -2- LSB 2004SV (2) 89 je/rn 2/ 5
S.F. 495 the time prescribed, or if the report is unsatisfactory 1 to the commissioner, the commissioner may examine or cause 2 to be examined the books and records of the promoter, and 3 subpoena and examine under oath witnesses, for the purpose of 4 determining the total amount of the gross admission receipts 5 for any match event and the amount of tax due pursuant to the 6 provisions of this chapter . The commissioner may, as the 7 result of such examination, fix and determine the tax, and may 8 also assess the promoter the reasonable cost of conducting the 9 examination. If a promoter defaults in the payment of any 10 tax due or the costs incurred in making such examination, the 11 promoter shall forfeit to the state the sum of five thousand 12 dollars, which may be recovered by the attorney general 13 pursuant to the bond required under section 90A.2, subsection 14 3 . 15 Sec. 7. Section 90A.10, Code 2021, is amended by striking 16 the section and inserting in lieu thereof the following: 17 90A.10 Athletics commissioner revolving fund —— 18 appropriation. 19 An athletics commissioner revolving fund is created in 20 the state treasury under the control of the department and 21 shall consist of moneys collected by the commissioner as 22 fees. Moneys in the fund are appropriated to the department 23 of workforce development to be used by the commissioner to pay 24 the actual costs and expenses necessary to perform the duties 25 of the commissioner as described in this chapter. All fees 26 collected by the commissioner pursuant to this chapter shall be 27 remitted to the treasurer of state to be deposited in the fund. 28 All salaries and expenses properly chargeable to the fund shall 29 be paid from the fund. Section 8.33 does not apply to any 30 moneys in the fund. Notwithstanding section 12C.7, subsection 31 2, interest or earnings on moneys deposited in the fund shall 32 be credited to the fund. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 2004SV (2) 89 je/rn 3/ 5
S.F. 495 the explanation’s substance by the members of the general assembly. 1 This bill relates to the regulation of boxing, mixed martial 2 arts, and wrestling under Code chapter 90A. Such regulation is 3 carried out by the state commissioner of athletics, who is also 4 the labor commissioner. 5 The bill revises the definition of “promoter” to specify 6 that a promoter includes a person or business that organizes, 7 holds, advertises, or otherwise conducts any form of 8 competition in which a blow is usually struck, or a maneuver is 9 usually executed, which may reasonably be expected to inflict 10 injury, but does not include the organizer of a private youth 11 martial arts tournament, private test for martial arts belts, 12 developmental contests within private gyms, amateur wrestling, 13 jiu jitsu, or amateur boxing. 14 The bill provides that licensing requirements; punitive 15 actions such as suspension, denial or revocation of licenses, 16 registrations, or authority to participate in contests; 17 and taxation of 5 percent on gross admission receipts, and 18 associated reporting requirements, cost assessments, and 19 penalties, apply to all promoters subject to Code chapter 90A. 20 Under current law, these provisions apply only to the promoter 21 of a professional boxing or wrestling match or event or a mixed 22 martial arts match. The bill provides that specified grounds 23 for emergency suspensions by the commissioner apply to all 24 contestants. Under current law, such grounds apply only to 25 boxers. 26 The bill strikes a requirement that taxes, examination 27 costs, and penalties charged to promoters be used by the 28 commissioner to award grants to organizations that promote 29 amateur boxing matches in Iowa. The bill creates an athletics 30 commissioner revolving fund in the state treasury under the 31 control of the department to consist of moneys collected by 32 the commissioner as fees. Moneys in the fund are appropriated 33 to the department of workforce development to be used by the 34 commissioner to pay the actual costs and expenses necessary to 35 -4- LSB 2004SV (2) 89 je/rn 4/ 5
S.F. 495 perform the duties of the commissioner as described in Code 1 chapter 90A. All salaries and expenses properly chargeable to 2 the fund shall be paid from the fund. 3 The bill includes related terminology changes. 4 -5- LSB 2004SV (2) 89 je/rn 5/ 5