Statement of Scope
Department of Safety and Professional Services
Rule No.:
|
Chapters SPS
110
to 116
,
192
,
and 195
|
Relating to:
|
Unarmed Combat Sports
|
Rule Type:
|
Emergency and
Permanent
|
1. Finding/nature of emergency (Emergency Rule only):
This rule will
, as required by
2015 Wisconsin Act 277
,
expand
current
regulation
of professional boxing and mixed martial arts fighting to
all
other unarmed combat sports
.
As other forms of fighting that fall under the definition of unarmed combat sports pose a comparable risk of serious injury or death to that of professional boxing and mixed martial arts
fighting
, the expanded regulation provided by this rule is in the best interest of public health and safety.
As
under
normal rule-making
procedures the expanded re
gulation
will not be in place until after
2015 Wisconsin Act 277
takes effect on March 1, 2017
, an expeditious promulgation of this rule is needed to ensure public health and safety.
2. Detailed description of the objective of the proposed rule:
The object
ive of the proposed rule
is to
, as required by
2015 Wisconsin Act 277
,
regulate
all
unarmed combat sports.
This will involve revision of
chs.
110
and
192
, which regulate the unarmed combat sports of professional boxing and mixed martial a
rts fighting, and
creation of ch.
SPS 195
to
regulate
forms of fighting that fall under the definition of unarmed combat sports.
Chapters
SPS 11
1
to
116
may also need to be revised to reflect the changes described above.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The existing policies for the regulation of professional boxing are co
ntained in chs.
SPS 110
to
116
.
The existing policies for
the regulation of
mixed
martial arts fighting contests are contained in ch.
SPS 192
.
A
s req
uired by
2015 Wisconsin Act 277
, new policy is proposed to
regulate forms of fighting that fall under the definition of unarmed combat sports.
The alternative of not updating the
rules would be contrary to the requirement in
2015 Wisconsin Act 277
to regulate
all
unarmed combat sports.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section
440.03
(1)
authorizes the d
epartment to “promulgate rules defining uniform rules to be used by the department . . . for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.”
Section
440.03
(7m)
authorizes the d
epartment to “
promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission.”
Section
444.02
(2)
authorizes the d
epartment to “issue, and for cause limit, suspend, or revoke, a license to conduct professional contests or amateur
unarmed combat sports
contests to any promoter or incorporated club formed as provided in
this
chapter
” and to “reprimand a promoter or club for violating this chapter or any rule of the department.”
Under section
444.035
, the d
epartment must “by rule require
a promoter or club conducting a professional contest or
unarmed combat sports
contest to post a bond or other surety in a reasonable amount determined by the department to ensure payment of the promoter’s or club’s expenses in conducting the contest, including payments to contestants and to the department.”
Section
444.04
authorizes the d
epartment to “limit, suspend, revoke, or assess a forfeiture to the promoter or club” for failure to furnish an accurate written report to the Department afte
r an unarmed combat sports
contest, showing the number of tickets sold, the amount of the gross proceeds, and all other information the Department requires by rule to be included in the report.
Section
444.06
requires the d
epartment to “appoint official inspectors” for
unarmed combat sports
contests and states that “at least one inspector shall be present at all professional contests and all amateur
unarmed combat sports
contests and see that the rules are strictly observed,” and authorizes the Department to require a promoter or club to pay for inspectors.
Se
ction
444.095 (3)
requires the d
epartment to “promulgate rules that establish all of the following with respect to
unarmed combat sports
contests: (a) Qualifications and fees for licensure of referees and judges for
unarmed combat sports
contests. (b) Requirements for regular health examinations of
unarmed combat sports
contestants, including all of the following: 1. Annual physical examinations by physicians and annual eye examinations by physicians who are board-certified ophthalmologists. 2. Annual screening for HIV, hepatitis B, and hepatitis C. 3. For female contestants, pregnancy tests before contests. (c) Policies prohibiting contestants from using drugs, including anabolic steroids, and mandating drug testing of contestants.”
Section
444.11
authorizes the d
epartment to “grant licenses . . . to matchmakers, managers, referees . . .
unarmed combat sports contestants, seconds, and timekeepers
in professional contests and amateur
unarmed combat sports
contests.”
Section
444.19
authorizes the d
epartment
to ”
by
rule adjust the fees under this
chapter to account for changes in the department’s costs in administering and enforcing
this
chapter.”
Section
444.22
provides the d
epartment “may promulgate any rules necessary to implement and enforce this chapter.”
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The
d
epartment estimates approximately 400 hours will be n
eeded to
develop the
needed rule changes. This
includes meeting with stakeholders, drafting the rule changes
,
and processing the changes through public hearings, leg
islative and gubernatorial review, and adoption.
The
d
epartment will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
6. List with description of all entities that may be affected by the proposed rule:
Entities engaged in promoting and conducting
unarmed combat sports
contests, such as promoters, clubs, matchmakers, contestants, judges, referees, ringside physicians, seconds, inspectors
,
and timekeepers.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Chapter
89
of Title 15 of the United States Code regulates the safety of professional boxing.
As professional boxing
and the use of boxing techniques fall
under the definition of unarmed combat sports
in chapter 444 of the statutes
,
the requi
rements in
15 USC chapter 89
affect the regulation of unarmed combat sports proposed by the rule.
The regulations in the proposed rule will neither duplicate nor conflict with existing federal regulations.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
None to minimal.