To repeal sections 317.001, 317.006 and 317.011, RSMo 1994, relating to boxing and wrestling and to enact in lieu thereof three new sections relating to the same subject.

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Section A. Sections 317.001, 317.006, and 317.011, RSMo 1994, are repealed and three new sections enacted in lieu thereof to be known as sections 317.001, 317.006 and 317.011, to read as follows: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) "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;

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

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

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

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

(10) "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 contest, match or exhibition 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;

(11) "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;

(12) "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;

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

(14) "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) 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 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 kickboxing, 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.