SB 625 — Clarifying and defining authority of State Athletic Commission

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Red = new code to be enacted WEST virginia legislature regular session IntroducedEnrolled Senate Bill 625 By Senator Boso [Introduced[Passed FebruaryMarch 15,7, 2019;

Referredin toeffect the90 Committeedays onfrom Governmentpassage] Organization]AN AACT BILL to amend and reenact §29-5A-3, §29-5A-3a, §29-5A-8, §29-5A-14, §29-5A-20, and §29-5A-24 of the Code of West Virginia, 1931, as amended, all relating to the State Athletic Commission’s direction, management, and control over all boxing and mixed martial arts events, contests, and matches in West Virginia;

No promoter's license may be granted to any club, corporation, association or individual unless the signer of the application is a bona fide resident of the state of West Virginia.

(b) In exercising its jurisdiction over professional and semiprofessional boxing, sparring matches, and exhibitions, the commission shall follow the current unified rules of boxing adopted by the Association of Boxing Commissions 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 the Association of Boxing Commissions in order that the sanctioning be extended to state boxers.

The commission shall supervise all amateur boxing conducted in this state and any such contest shall follow the amateur rules for boxing as recommended and adopted by the United States Amateur Boxing Authority Association of Boxing Commissions, U.S.A.

(3) Procedures for revoking licenses fining, suspending, or revoking the license of any holder of a license issued under this article;

(5) A fee schedule A schedule of licensing fees;

(a) The commission may issue a license to promote, conduct, or hold professional, semiprofessional or amateur boxing, or professional or amateur mixed martial arts sparring matches and exhibitions to any person, corporation, association, club, or organization eligible for a license under this chapter article.

Before being granted a license,license or the renewal of the a license under this subsection, the applicant must shall establish to the satisfaction of the commission that he or she:

(a) Is skilled, or has knowledge, in the profession of boxing or mixed martial arts;

(b) (B) Is of good moral character;

(c) Is physically fit and mentally sound;

(d) (D) Will conduct his or her business in the best interest and welfare of the public preserving a manner that furthers the public welfare, preserves the safety and health of participants, and the best interests of professional boxing or professional or amateur mixed martial arts generally advances the reputation and interests of the sports of boxing and mixed martial arts;

(e) (E) Will adhere to and comply with all the rules and regulations of the commission pertaining to the license.

In the case of a corporate applicant, these factors shall pertain to its officers, directors, principal stockholders and employees.

Before being granted a license or a renewal of a license issued under this subsection, the applicant shall establish to the satisfaction of the commission that he or she;she:

(a) Is guilty of failure Fails to obey any lawful order of the commission, the secretary, or any inspector thereof;

(c) Is unfit or incompetent by reason of negligence;

(d) Is guilty of violating Violates any provision of this chapter article or the rules and regulations of the commission;

(e) Has committed fraud or deceit in securing a license for himself or another;

§6301 et seq.seq.;

(f) (l) Has been convicted of a felony or misdemeanor involving moral turpitude in any jurisdiction within one year preceding the suspension or revocation and such conviction not previously reported to the commission by said licensee;

(g) (m) Is an habitual drunkard or addicted to the use of narcotics;

(h) (n) Is or has become mentally incompetent;

(i) (o) Is or has been guilty of unprofessional or unethical conduct, or such conduct as to require a suspension or revocation of license in the interest of the public;

(j) (p) Has failed to furnish the proper party a copy of any contract or statement required by this chapter or the rules and regulations promulgated hereunder, or has breached such a contract;

(k) (q) Has loaned or permitted another person to use his or her license, or has borrowed or used the license of another;

(l) (r) Has failed to maintain in force the bond required by this chapter;

(m) (s) Has by act or omission conducted himself or herself in a manner which would tend to be detrimental to the best interests of boxing generally, or to the public interest and general welfare;

(n) (t) Has been disciplined in any manner by the boxing commission or similar agency or body of any jurisdiction;

(o) (u) Has failed to pay a fine or forfeiture imposed by this chapter;

(p) (v) Has, either within or without this state, by any act, threat, statement, or otherwise, restrained, hindered, interfered with, or prevented another promoter, club, association, or booking agent, or has attempted, either within or without this state, in any such manner to restrain, hinder, interfere with, or prevent another promoter, club, association, or booking agent from presenting any boxing match or exhibition within or without the Statestate of West Virginia;

(q) (w) Has, either within or without this state, engaged, directly or indirectly, in restraints or monopolies or taken any action tending to create or establish restraints or monopolies or conspired with others to restrain any person or persons from participating or competing in any boxing match or exhibition for any promoter, club, association or booking agent.

Licenses for contestants, refereesreferees, and managers.

for amateur boxers and boxing matches or exhibitions, the commission rules shall comply with the amateur rules for boxing as adopted by the United States Amateur Boxing Authority Association of Boxing Commissions, U.S.A.

Rules which comply with the requirements of the rules of the current United States Amateur Boxing Authority recommended or adopted by the Association of Boxing Commissions, U.S.A.

Boxing, the International Boxing Association, or any other appropriate governing or sanctioning body recognized and accepted by the commission to the extent that any boxer complying with them will be eligible to participate in any state, national or international state, nationally, or internationally sanctioned boxing match.

sanctioned by the current United States Amateur Boxing Authority or the International Amateur Boxing Association.

NOTE: